Commonwealth Consolidated Regulations

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CORPORATIONS (FEES) REGULATIONS 2001 - REG 9B

Late fees for notices about authorised representatives and relevant providers

  (1)   For section   5 of the Act, the fee in subregulation   (2) is prescribed (in addition to the fee (if any) prescribed by regulation   9A) if:

  (a)   a notice is lodged with ASIC under any one or more of the following:

  (i)   subsection   916F(1) or (3) of the Corporations Act;

  (ii)   subsection   922D(1), 922H(1), 922HB(1), 922J(1) or 922K(1) of that Act; and

  (b)   the notice is not lodged in accordance with subsection   916F(1) or (3) or 922L(2) of that Act.

  (2)   The fee is:

Start formula open bracket Lower amount times Relevant number for the lower amount close bracket plus open bracket Higher amount times Relevant number for the higher amount close bracket end formula

Indexation

  (3)   Subregulations   3(3) to (7) apply in relation to the lower amount and the higher amount in the same way as those subregulations apply in relation to a fee prescribed for an indexable matter.

Relationship with item   14 of Schedule   2

  (4)   Item   14 of Schedule   2 does not apply in relation to a notice referred to in paragraph   (1)(a).

Definitions

  (5)   In this regulation:

"higher amount" means $308.

"lower amount" means $74.

"relevant number for the higher amount" means the number of:

  (a)   for a notice lodged only under subsection   916F(1) or (3) of the Corporations Act--authorised representatives; and

  (b)   for a notice lodged only under subsection   922D(1), 922H(1), 922HB(1), 922J(1) or 922K(1) of that Act--relevant providers; and

  (c)   for a notice lodged under subsections   916F(1) and 922D(1), or 916F(3) and 922H(1), of that Act--authorised representatives, and relevant providers who are not authorised representatives;

in relation to whom the notice was lodged 1 month or more after the time required under subsection   916F(1) or (3) or subsection   922L(2) of that Act, as the case requires.

"relevant number for the lower amount" means the number of:

  (a)   for a notice lodged only under subsection   916F(1) or (3) of the Corporations Act--authorised representatives; and

  (b)   for a notice lodged only under subsection   922D(1), 922H(1), 922HB(1), 922J(1) or 922K(1) of that Act--relevant providers; and

  (c)   for a notice lodged under subsections   916F(1) and 922D(1), or 916F(3) and 922H(1), of that Act--authorised representatives, and relevant providers who are not authorised representatives;

in relation to whom the notice was lodged less than 1 month after the time required under subsection   916F(1) or (3) or subsection   922L(2) of that Act, as the case requires.



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