Treasury Laws Amendment (ASIC Fees) Regulations 2018 (F2018L00965)

Schedule 1   Main amendments

Corporations (Fees) Regulations 2001

17   Subregulation 5(3)

Repeal the subregulation, substitute:

(2A) For the purposes of section 5 of the Act, the fee set out in subregulation (3) is prescribed for the performance by ASIC of a function conferred on ASIC by the operating rules of a market as required by subsection 798DA(2) of the Corporations Act.

Note 1: These functions are mentioned in subparagraph (k)(iii) of the definition of chargeable matter in subsection 4(1) of the Act. Expressions that are defined in the Corporations Act have the same meanings in these Regulations: see subsection 4(2) of the Act.

Note 2: The fees in this subregulation are subject to limits imposed by section 6 of the Act.

Note 3: Paragraph 7(1)(k) of the Act identifies the person liable to pay the fee and the time at which the liability to pay the fee is incurred.

(2B) For the purposes of section 5 of the Act, the fee set out in subregulation (3) is prescribed for the performance by ASIC of a function required or permitted by regulations made for the purposes of subsection 798E(1) of the Corporations Act.

Note 1: These functions are mentioned in paragraph (l) of the definition of chargeable matter in subsection 4(1) of the Act. Expressions that are defined in the Corporations Act have the same meanings in these Regulations: see subsection 4(2) of the Act.

Note 2: Paragraph 7(1)(l) of the Act identifies the person liable to pay the fee and the time at which the liability to pay the fee is incurred.

(3) The fee is:

formula for the fee
          

(3A) If the amount worked out under subregulation (3) is an amount of dollars and cents:

(a) if the amount of cents is at least 50 cents - the amount is to be rounded up to the nearest dollar; or

(b) otherwise - the amount is to be rounded down to the nearest dollar.

Other matters