Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CORPORATIONS ACT 2001 No. 50, 2001 - SECT 904

Levy in addition to annual contributions

(1) If, at any time, the amount of a fidelity fund is insufficient to pay all amounts that, at that time are required to be paid under section 898, the securities exchange concerned may determine that levy known as securities exchange additional fidelity fund contribution is to be paid by each member of the securities exchange who is liable to pay the levy referred to in subsection 902(2). When such a determination is made, the levy is payable to the securities exchange, as agent for the Commonwealth, by each of those members.

Note: For the imposition and amount of the levy, see the Corporations (Securities Exchanges Levies) Act 2001 .

(2) An amount of levy payable under subsection (1) must be paid within the time and in the manner specified by the securities exchange either generally or in relation to a particular case. (3) If a levy is imposed by subsection 8(4) of the Corporations (Securities Exchanges Levies) Act 2001 on a person, the levy must be paid by the time by which the levy under subsection 904(1) of the old Corporations Law referred to in that subsection was required to be paid. (4) Whenever an amount of levy (the levy amount ) is paid under this section, or under subsection 8(4) of the Corporations (Securities Exchanges Levies) Act 2001 , to a securities exchange as agent for the Commonwealth:

(a)
the securities exchange must pay an amount equal to the levy amount to the Commonwealth; and

(b)
the Consolidated Revenue Fund is appropriated by that amount for the purpose of payment to the securities exchange; and

(c)
the Commonwealth must pay the amount so appropriated to the securities exchange; and

(d)
the securities exchange must pay the amount it receives under paragraph (c) into its fidelity fund.

(5) A payment of an amount to a securities exchange as required by paragraph (4)(c) in respect of a particular levy amount is subject to a condition that, if the Commonwealth becomes liable to refund the whole or a part of the levy amount, the securities exchange must pay to the Commonwealth an amount equal to the amount that the Commonwealth is liable to refund. The securities exchange may pay, out of its fidelity fund, any amount so required to be paid to the Commonwealth. (6) The Financial Management and Accountability Act 1997 does not apply in relation to the payment of an amount of levy under this section to a securities exchange as agent for the Commonwealth. However, the operation of that Act in relation to the following payments is not affected.

(a)
the payment of an amount to the Commonwealth as required by paragraph (4)(a); or

(b)
the payment of an amount by the Commonwealth as required by paragraph (4)(c).

The securities exchange must, in accordance with the regulations, notify the Commonwealth of payments of levy it receives as agent for the Commonwealth.

(7) An amount payable by a securities exchange as required by paragraph (4)(a) may be set off against an amount payable to the securities exchange as required by paragraph (4)(c).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback