Corporations Act 2001
CHAPTER 9
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MISCELLANEOUS
PART 9.10
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FEES IMPOSED BY THE CORPORATIONS (FEES) ACT 2001 AND THE CORPORATIONS (REVIEW FEES) ACT 2003
The fees imposed under the Corporations (Fees) Act 2001 are payable to the Commonwealth.
The fees imposed under the Corporations (Review Fees) Act 2003 are payable to the Commonwealth.
The date on which a fee imposed under the Corporations (Review Fees) Act 2003 becomes due and payable is worked out under this table.
However, a fee imposed under the Corporations (Review Fees) Act 2003 is not payable to the Commonwealth by a company in relation to a review date in a year if:
(a) both of the following apply:
(b) in the case of a company, a registered scheme, a notified foreign passport fund or a registered Australian body - the company, scheme, fund or body has, in a previous year, paid the fee in respect of the review date for that year in accordance with regulations made under the Corporations (Review Fees) Act 2003 for the purposes of this section.
SECTION 1351
FEES ARE PAYABLE TO THE COMMONWEALTH
1351(1)
The fees imposed under the Corporations (Fees) Act 2001 are payable to the Commonwealth.
1351(2)
The fees imposed under the Corporations (Review Fees) Act 2003 are payable to the Commonwealth.
1351(3)
The date on which a fee imposed under the Corporations (Review Fees) Act 2003 becomes due and payable is worked out under this table.
Due date for review fees | ||
Item | For a review fee imposed on... | The due date is... |
1 | a company | 2 months after the review date to which the fee relates |
2 | a registered scheme | 2 months after the review date to which the fee relates |
2A | a notified foreign passport fund | 2 months after the review date to which the fee relates |
3 | a registered Australian body | the date prescribed by the regulations |
4 | a natural person registered as an auditor under Part 9.2 | the date prescribed by the regulations |
5 | (Repealed) | |
6 | a person holding an Australian financial services licence under Part 7.6 | the date prescribed by the regulations |
1351(4)
However, a fee imposed under the Corporations (Review Fees) Act 2003 is not payable to the Commonwealth by a company in relation to a review date in a year if:
(a) both of the following apply:
(i) ASIC has given notice of the proposed deregistration of the company in accordance with paragraph 601AA(4)(c) , and published notice of the proposed deregistration of the company in accordance with paragraph 601AA(4)(d) ;
(ii) the review date for that year falls in the 2 month period before or after the publication of the notice published in accordance with paragraph 601AA(4)(d) ; or
(b) in the case of a company, a registered scheme, a notified foreign passport fund or a registered Australian body - the company, scheme, fund or body has, in a previous year, paid the fee in respect of the review date for that year in accordance with regulations made under the Corporations (Review Fees) Act 2003 for the purposes of this section.
[ CCH Note: S 1351(4) will be amended by No 69 of 2020, s 3, Sch 1[1281], by substituting " the Registrar " for " ASIC " in para (a)(i) (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
[ CCH Note: The next section is s 1354.]
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