Commonwealth Numbered Regulations

CORPORATIONS (FEES) AMENDMENT REGULATIONS 2003 (NO. 3) 2003 NO. 241 - SCHEDULE 1

(regulation 3)

[1] Regulation 1B

substitute

1B Definitions
In these Regulations:

"Act" means the Corporations (Fees) Act 2001 .

"ASIC Act" means the Australian Securities and Investments Commission Act 2001 .

"ASIC staff member "means a staff member within the meaning of the ASIC Act.

"Corporations Act "means the Corporations Act 2001 .

"member of ASIC "means a member of ASIC under Part 5 of the ASIC Act.

Note
Expressions that are defined in the Corporations Act have the same meanings in these Regulations: see subsection 4 (2) of the Act.

[2] Regulation 2

omit

the Act.

insert

the Corporations Act.

[3] Regulation 3

omit

the Corporations (Fees) Act 2001

insert

the Act

[4] Subregulation 5 (1)

omit

subsection 798C (2) of the Act:

insert

subsection 798C (2) of the Corporations Act:

[5] Paragraph 5 (1) (d)

omit

subsection 798C (2) of the Act;

insert

subsection 798C (2) of the Corporations Act;

[6] Subregulation 5 (1), the notes

substitute

Note 1
These functions are mentioned in paragraph (k) 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.

[7] Subregulation 5 (2)

omit

subsection 798C (4) of the Act:

insert

subsection 798C (4) of the Corporations Act:

[8] Paragraph 5 (2) (d)

omit

section 228 of the Act;

insert

section 228 of the Corporations Act;

[9] Subregulation 5 (2), the notes

substitute

Note 1
These functions are mentioned in paragraph (k) 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.

[10] Paragraph 5 (4) (a)

omit

subsection 798C (2) or (4) of the Act; and

insert

subsection 798C (2) or (4) of the Corporations Act; and

[11] Subregulation 5 (4), the notes

substitute

Note 1
These functions are mentioned in paragraph (k) 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.

[12] Subregulation 6 (1)

omit

subsection 798E (1) of the Act.

insert

subsection 798E (1) of the Corporations Act.

[13] Subregulation 6 (1), the notes

substitute

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.

[14] After regulation 6

insert

7 Waiver of fees for late lodgment of documents for certain classes of companies
(1) For section 1359 of the Corporations Act, a fee under item 28 of Schedule 1 that would otherwise be payable in relation to the late lodgment of a notice under subsection 142 (2), 146 (1), 205B (1), (2), (4) or (5), 205D (3), 254X (1), 254Y (1) or 349A (1) of the Corporations Act is waived for a class of companies each of which lodges the notice:

(a)

using Form 484; and

(b)

after 30 June 2003 and before 1 November 2003.

(2) For section 1359 of the Corporations Act, a fee under item 28 of Schedule 1 that would otherwise be payable in relation to the late lodgment of a response to an extract of particulars under subsection 346C  (1) of the Corporations Act is waived for a class of companies the review date for each of which is after 30 June 2003 and before 1 October 2003, if the response is lodged:

(a)

using Form 484; and

(b)

before 1 November 2003.

(3) For section 1359 of the Corporations Act, a fee under item 28 of Schedule 1 that would otherwise be payable in relation to the late lodgment of a notice of an addition or alteration mentioned in subsection 178A  (1) of the Corporations Act is waived for a class of companies each of which gives notice of the addition or alteration in responding to an extract of particulars issued after 30 June 2003 and before 1 July 2004, if the response is lodged:

(a)

using Form 484; and

(b)

in accordance with section 346C of the Corporations Act.

Note 1
Under subsection 346C (4) of the Corporations Act, if a company responds to an extract of particulars to correct or provide a particular in accordance with subsection 346C (3) of the Corporations Act, any requirement elsewhere in the Corporations Act to lodge a prescribed form in relation to the particular is satisfied by the response.
Note 2
Form 484 is a form approved by ASIC under paragraph 350 (1) (b) of the Corporations Act and is available from the ASIC website: www.asic.gov.au.

[15] Schedule 1

omit each mention of

of the Act