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This is a Bill, not an Act. For current law, see the Acts databases.
NATIONAL CONSUMER CREDIT PROTECTION (FEES) BILL 2009
2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Consumer Credit Protection
(Fees) Bill 2009
No. , 2009
(Treasury)
A Bill for an Act to impose, as taxes, fees for things
done under the National Consumer Credit
Protection Act 2009 or the National Consumer Credit
Protection (Transitional and Consequential
Provisions) Act 2009, and for related purposes
i National Consumer Credit Protection (Fees) Bill 2009 No. , 2009
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 2
3
Application to the Crown.................................................................... 2
4
Definitions .......................................................................................... 2
5
Imposition of fees for chargeable matters .......................................... 4
6
Matters relating to amount of fees ...................................................... 4
7
Different fees for electronic compliance in relation to a
chargeable matter................................................................................ 4
8
Different fees for number of representatives of person by
whom fee for chargeable matter is payable ........................................ 4
9
Who is liable to pay the fee for a chargeable matter, and time
liability is incurred .............................................................................. 5
10
Regulations ......................................................................................... 6
National Consumer Credit Protection (Fees) Bill 2009 No. , 2009 1
A Bill for an Act to impose, as taxes, fees for things
1
done under the National Consumer Credit
2
Protection Act 2009 or the National Consumer Credit
3
Protection (Transitional and Consequential
4
Provisions) Act 2009, and for related purposes
5
The Parliament of Australia enacts:
6
1 Short title
7
This Act may be cited as the National Consumer Credit Protection
8
(Fees) Act 2009.
9
Section 2
2 National Consumer Credit Protection (Fees) Bill 2009 No. , 2009
2 Commence ment
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Sections 3 to
10
At the same time as section 3 of the National
Consumer Credit Protection Act 2009.
Note:
This table relates only to the provisions of this Act as originally
7
passed by both Houses of the Parliament and assented to. It will not be
8
expanded to deal with provisions inserted in this Act after assent.
9
(2) Column 3 of the table contains additional information that is not
10
part of this Act. Information in this column may be added to or
11
edited in any published version of this Act.
12
3 Application to the Crown
13
If the Crown, in a capacity, is bound by the provision or provisions
14
of the National Consumer Credit Protection Act 2009 or the
15
National Consumer Credit Protection (Transitional and
16
Consequential Provisions) Act 2009 under which a chargeable
17
matter arises or to which a chargeable matter relates, then the
18
Crown, in that capacity, is bound by this Act in respect of that
19
chargeable matter.
20
4 Definitions
21
(1) In this Act:
22
chargeable matter means any of the following:
23
Section 4
National Consumer Credit Protection (Fees) Bill 2009 No. , 2009 3
(a) the lodgment of a document under the National Consumer
1
Credit Protection Act 2009 or the National Consumer Credit
2
Protection (Transitional and Consequential Provisions) Act
3
2009;
4
(b) the inclusion of a document in a register maintained under
5
either of those Acts;
6
(c) the inspection or search of a register kept by, or a document
7
in the custody of, ASIC under either of those Acts;
8
(d) the making available by ASIC, under either of those Acts, of
9
information (whether in the form of a document or
10
otherwise);
11
(e) the production by ASIC, under a subpoena, of such a register
12
or document;
13
(f) the issuing of a document or of a copy of a document, the
14
granting of a licence, registration, consent or approval, or the
15
doing of any other act, under either of those Acts, by the
16
Minister or ASIC;
17
(g) the making of an inquiry of, or an application to, the
18
Minister, or ASIC, in relation to a matter arising under either
19
of those Acts;
20
(h) the submission to ASIC of a document for examination by
21
ASIC.
22
representative of a person:
23
(a) if the person is a licensee--has the same meaning as in
24
section 5 of the National Consumer Credit Protection Act
25
2009; and
26
(b) if the person is a registered person (within the meaning of the
27
National Consumer Credit Protection (Transitional and
28
Consequential Provisions) Act 2009--has the same meaning
29
as in section 4 of that Act; and
30
(c) otherwise--has the same meaning as in section 5 of the
31
National Consumer Credit Protection Act 2009.
32
(2) Other expressions used in this Act that are defined in the National
33
Consumer Credit Protection Act 2009 have the same meanings as
34
they have in those Acts.
35
Section 5
4 National Consumer Credit Protection (Fees) Bill 2009 No. , 2009
5 Imposition of fees for chargeable matters
1
(1) Subject to section 6, the regulations may prescribe fees for
2
chargeable matters.
3
(2) The fees prescribed by the regulations for chargeable matters are
4
imposed, and are so imposed as taxes.
5
(3) Two or more fees may be prescribed for the same chargeable
6
matter.
7
6 Matters relating to amount of fees
8
(1) The regulations may prescribe a fee for a chargeable matter:
9
(a) by specifying an amount (not exceeding $10,000) as the fee;
10
or
11
(b) by specifying a method for calculating the amount of the fee.
12
Note:
The limitation in paragraph (a) applies separately to each fee imposed
13
if more than one fee is prescribed for the same chargeable matter (see
14
subsection 5(3)).
15
(2) The fee for a chargeable matter need not bear any relationship to
16
the cost of providing any service that forms part of, or is related to,
17
that matter.
18
(3) The fee, or the sum of the fees, for a chargeable matter must not
19
exceed $50,000.
20
7 Different fees for electronic compliance in relation to a chargeable
21
matter
22
Without limiting sections 5 and 6, the regulations may prescribe, in
23
relation to a chargeable matter, different fees having regard to
24
whether the matter is complied with by electronic means.
25
8 Different fees for numbe r of representatives of person by whom
26
fee for chargeable matter is payable
27
Without limiting sections 5 and 6, the regulations may prescribe, in
28
relation to a chargeable matter, different fees having regard to the
29
number of representatives (of the kind prescribed by the
30
Section 9
National Consumer Credit Protection (Fees) Bill 2009 No. , 2009 5
regulations) that the person by whom the fee for the chargeable
1
matter is payable has at a particular time.
2
9 Who is liable to pay the fee for a chargeable matter, and time
3
liability is incurred
4
The person by whom a fee for a chargeable matter is payable, and
5
the time at which the person incurs that liability, are as follows:
6
(a) for a chargeable matter referred to in paragraph (a) of the
7
definition of chargeable matter in subsection 4(1):
8
(i) person liable--the person who lodges the document;
9
and
10
(ii) time liability incurred--when the document is lodged;
11
(b) for a chargeable matter referred to in paragraph (b) of that
12
definition:
13
(i) person liable--the person who requests inclusion of the
14
document in the register, or if there is no request, the
15
person who lodges the document; and
16
(ii) time liability incurred--when the request for inclusion
17
of the document in the register is made, or if there is no
18
request, when the document is lodged;
19
(c) for a chargeable matter referred to in paragraph (c) of that
20
definition:
21
(i) person liable--the person who requests the inspection
22
or search; and
23
(ii) time liability incurred--when the request is made;
24
(d) for a chargeable matter referred to in paragraph (d) of that
25
definition:
26
(i) person liable--the person who requests the information;
27
and
28
(ii) time liability incurred--when the request is made;
29
(e) for a chargeable matter referred to in paragraph (e) of that
30
definition:
31
(i) person liable--the person who filed the subpoena; and
32
(ii) time liability incurred--when the subpoena is served on
33
ASIC;
34
Section 10
6 National Consumer Credit Protection (Fees) Bill 2009 No. , 2009
(f) for a chargeable matter referred to in paragraph (f) of that
1
definition:
2
(i) person liable--the person who requests the issue of the
3
document (or copy), the grant of the licence,
4
registration, consent or approval, or the doing of the
5
other act, or, if there is no such request, the person for
6
whose benefit the act is done; and
7
(ii) time liability incurred--when the request is made, or if
8
there is no request, when the act is done;
9
(g) for a chargeable matter referred to in paragraph (g) of that
10
definition:
11
(i) person liable--the person who makes the inquiry or
12
application; and
13
(ii) time liability incurred--when the inquiry or application
14
is made;
15
(h) for a chargeable matter referred to in paragraph (h) of that
16
definition:
17
(i) person liable--the person who submits the document;
18
and
19
(ii) time liability incurred--when the document is
20
submitted.
21
10 Regulations
22
The Governor-General may make regulations for the purposes of
23
sections 5, 6, 7 and 8.
24