Commonwealth Coat of Arms of Australia

 

Treasury Laws Amendment (ASIC Fees) Regulations 2018

I, the Honourable Paul de Jersey AC QC, Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 29 June 2018

Paul de Jersey

Administrator

By His Excellency’s Command

Kelly O’Dwyer

Minister for Revenue and Financial Services

 

 

 

 

 

 

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Main amendments

Corporations (Fees) Regulations 2001

National Consumer Credit Protection (Fees) Regulations 2010

Superannuation Auditor Registration Imposition Regulation 2012

Superannuation Industry (Supervision) Regulations 1994

Schedule 2—Amendments commencing 1 July 2019

Corporations (Fees) Regulations 2001

1  Name

  This instrument is the Treasury Laws Amendment (ASIC Fees) Regulations 2018.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 4 and anything in this instrument not elsewhere covered by this table

4 July 2018.

4 July 2018

2.  Schedule 1

4 July 2018.

4 July 2018

3.  Schedule 2

1 July 2019.

1 July 2019

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the following:

 (a) the Corporations (Fees) Act 2001;

 (b) the National Consumer Credit Protection (Fees) Act 2009;

 (c) the Superannuation Auditor Registration Imposition Act 2012;

 (d) the Superannuation Industry (Supervision) Act 1993.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Main amendments

 

Corporations (Fees) Regulations 2001

1  Part 1 (note before Part 1)

Repeal the note.

2  Regulation 1B

Insert:

indexable matter: see subregulation 3(2A).

old Law has the same meaning as in section 1451 of the old Corporations Law.

retail financial services licence means an Australian financial services licence that covers the provision of a financial service to a retail client (within the meaning of Chapter 7 of the Corporations Act), whether or not the licence also covers the provision of a financial service to a wholesale client (within the meaning of that Chapter).

wholesale financial services licence means an Australian financial services licence that is not a retail financial services licence.

3  Regulation 2 (heading)

Repeal the heading, substitute:

2  Interpretation (Schedules 1 and 2)

4  Regulation 2

Omit “Schedule 1”, substitute “Schedules 1 and 2”.

5  Regulation 3 (heading)

Repeal the heading, substitute:

3  Prescribed fees—Schedules 1 and 2

6  Subregulation 3(1)

Omit “Schedule 1”, substitute “Schedule 1 or 2, unless “no fee” appears in column 2 of the item”.

7  Subregulation 3(2)

Repeal the subregulation, substitute:

 (2) The amount of the fee on or after 4 July 2018 is, subject to subregulations (3) to (5), the amount mentioned in column 2 of the item.

Indexable matters

 (2A) A chargeable matter is an indexable matter if it is mentioned in an item in Schedule 2, unless “no fee” appears in column 2 of the item.

8  Subregulation 3(3)

Omit “For paragraph 6(1)(b) of the Act, in the financial year starting on 1 July 2010, or a subsequent 1 July”, substitute “In the financial year starting on or after 1 July 2019”.

9  Subregulation 3(3)

Omit “a chargeable matter”, substitute “an indexable matter”.

10  Subregulation 3(3) (definition of previous indexable amount)

Omit “chargeable matter”, substitute “indexable matter”.

11  Subregulation 3(4)

Omit “In the financial year starting on 1 July 2010, or a subsequent 1 July,”, substitute “In the financial year starting on or after 1 July 2019”.

12  Subregulation 3(4)

Omit “a chargeable matter”, substitute “an indexable matter”.

13  Subregulation 3(4)

Omit “the chargeable matter”, substitute “the indexable matter”.

14  Subregulation 3(5)

Repeal the subregulation, substitute:

 (5) 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.

15  Regulation 5 (heading)

Repeal the heading, substitute:

5  Performance of ASIC functions

16  Before subregulation 5(1)

Insert:

Matters with hourly fee rate

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:

 (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

18  Regulations 6 and 7

Repeal the regulations.

19  Subregulations 9A(4) and 9B(3)

Omit “a chargeable matter”, substitute “an indexable matter”.

20  Subsection 9B(4) (heading)

Repeal the heading, substitute:

Relationship with item 14 of Schedule 2

21  Subsection 9B(4)

Omit “Item 28 of Schedule 1”, substitute “Item 14 of Schedule 2”.

22  Schedule 1

Repeal the Schedule, substitute:

Schedule 1ASIC fees

Note: See regulation 3.

 

 

1  ASIC fees

  The following table prescribes fees for chargeable matters for the purposes of subregulation 3(1).

Note: See also regulation 2 (interpretation).

 

ASIC fees

Item

Column 1
Chargeable matter

Column 2
Fee

Occupational licensing

1

On lodging an application under section 913A for an Australian financial services licence, if the application is lodged using electronic means:

 

 

(a) if the application is for a retail financial services licence and the applicant is an individual:

 

 

(i) low complexity; or

$2,233

 

(ii) high complexity; or

$5,025

 

(b) if the application is for a retail financial services licence and the applicant is not an individual:

 

 

(i) low complexity; or

$3,721

 

(ii) high complexity; or

$7,537

 

(c) if the application is for a wholesale financial services licence and the applicant is an individual:

 

 

(i) low complexity; or

$1,488

 

(ii) high complexity; or

$3,350

 

(d) if the application is for a wholesale financial services licence and the applicant is not an individual:

 

 

(i) low complexity; or

$2,233

 

(ii) high complexity

Note: An application for an Australian financial services licence that covers the provision of financial services to retail clients and wholesale clients would be an application for a retail financial services licence (as defined in regulation 1B).

$5,025

2

On lodging an application under section 913A for an Australian financial services licence, if the application is lodged without using electronic means:

 

 

(a) if the application is for a retail financial services licence and the applicant is an individual:

 

 

(i) low complexity; or

$3,349

 

(ii) high complexity; or

$7,537

 

(b) if the application is for a retail financial services licence and the applicant is not an individual:

 

 

(i) low complexity; or

$5,582

 

(ii) high complexity; or

$11,305

 

(c) if the application is for a wholesale financial services licence and the applicant is an individual:

 

 

(i) low complexity; or

$2,233

 

(ii) high complexity; or

$5,025

 

(d) if the application is for a wholesale financial services licence and the applicant is not an individual:

 

 

(i) low complexity; or

$3,349

 

(ii) high complexity

Note: An application for an Australian financial services licence that covers the provision of financial services to retail clients and wholesale clients would be an application for a retail financial services licence (as defined in regulation 1B).

$7,537

3

On lodging an application under paragraph 914A(2)(b) for imposition, variation or revocation of conditions on an Australian financial services licence, if the application is lodged using electronic means:

 

 

(a) if the licensee is an individual; or

$2,214

 

(b) if the licensee is not an individual

$2,470

4

On lodging an application under paragraph 914A(2)(b) for imposition, variation or revocation of conditions on an Australian financial services licence, if the application is lodged without using electronic means:

 

 

(a) if the licensee is an individual; or

$3,328

 

(b) if the licensee is not an individual

$3,704

5

On application to ASIC for approval of a deed of subordination or deed of mutual release as required by a condition imposed on a licence under section 914A

$1,798

6

On lodging an application under subsection 915A(1) for variation of an Australian financial services licence to take account of a change in the licensee’s name

no fee

7

On application under paragraph 915B(1)(e), (2)(d), (3)(d) or (4)(d) to suspend or cancel an Australian financial services licence

$899

8

On application for ASIC to revoke a suspension of an Australian financial services licence mentioned in section 915E

$899

9

On application under Part 9.2 for registration as an auditor

$338

10

On lodging a statement under section 1287A

no fee

11

On application under paragraph 1289A(3)(b) for imposition, variation or revocation of conditions on registration as an auditor

$1,028

12

On lodging an application under section 205 of Schedule 2 to the Corporations Act for registration as a liquidator

$2,200

13

For the registration by ASIC of a person as a liquidator under section 2030 of Schedule 2 to the Corporations Act

$1,300

14

On application under section 2040 of Schedule 2 to the Corporations Act for a condition on registration as a liquidator to be varied or removed

$1,018

15

On lodging an application under section 2070 of Schedule 2 to the Corporations Act for the renewal of registration as a liquidator:

 

 

(a) if the application is lodged more than 1 month before the renewal date; or

$1,720

 

(b) if the application is lodged within 1 month before the renewal date

$1,920

16

On application under paragraph 4025(1)(f) or 4030(1)(f) of Schedule 2 to the Corporations Act to suspend or cancel registration as a liquidator

$234

17

On application under subsection 4070(2) of Schedule 2 to the Corporations Act for a suspension to be lifted or for the period of a suspension to be shortened

$1,018

Incorporation and registration of companies and other bodies

18

On application under section 601EA for registration of a managed investment scheme

$3,029

Annual returns and accounts

19

On lodging a report under section 320

no fee

20

On lodging a profit and loss statement and balance sheet under subsection 989B(2)

no fee

Fundraising

21

On lodging, under subsection 712(4), a document referred to in a short form prospectus

$321

22

On lodging, under section 718, a disclosure document that is:

 

 

(a) a prospectus (including a short form prospectus); or

$3,206

 

(b) a profile statement; or

$1,924

 

(c) an offer information statement

$1,924

23

On lodging, under section 719, a supplementary or replacement document that is:

 

 

(a) a prospectus (including a short form prospectus); or

$802

 

(b) a profile statement; or

$321

 

(c) an offer information statement

$321

Takeovers

24

On lodging a notice with ASIC under paragraph 630(5)(c), items 4 and 9 of the table in subsection 633(1) and paragraphs 633(4)(b) and 650F(3)(b)

no fee

25

On lodging, under subsection 633(1), a copy of a bidder’s statement for an offmarket bid for a class of securities

$5,264

26

On lodging with ASIC a target’s statement (and any accompanying report) mentioned in item 13 of the table in subsection 633(1) in relation to an offmarket bid for a class of securities

$2,565

27

On lodging with ASIC a target’s statement (and any other document that was sent with the target’s statement to the relevant market operator) mentioned in item 12 of the table in subsection 635(1) in relation to a market bid for a class of securities

$2,565

28

On lodging, under subsection 635(1), a copy of the bidder’s statement for a market bid for a class of securities

$5,130

29

On lodging, under item 7 of the table in subsection 635(1), a copy of every other document sent to holders of bid class securities with the bidder’s statement

no fee

30

On lodging, under paragraph 647(3)(a), a supplementary statement in relation to a takeover bid for a class of securities

$802

31

On lodging, under subsection 648G(9), a copy of a Court order in relation to proportional takeover provisions in a constitution

no fee

32

On lodging a notice with ASIC, as required by subsection 649C(2) or paragraph 650D(1)(b), to vary an offer under a market bid or offmarket bid for a class of securities

$802

33

On lodging a notice with ASIC under paragraph 654C(3)(b) in relation to a bidder’s voting power

no fee

Market licensees

34

On giving an exemption under subsection 791C(1) in relation to a particular financial market or type of financial market

$1,340

35

On application to the Minister to vary, under subsection 791C(2), an exemption from all or specified provisions of Part 7.2

$17,179

36

On application to the Minister to revoke, under subsection 791C(2), an exemption from all or specified provisions of Part 7.2

no fee

37

On giving an annual report to ASIC under subsection 792F(1)

no fee

38

On lodging written notice of changes to operating rules with ASIC under subsection 793D(1):

 

 

(a) low complexity; or

$2,580

 

(b) medium complexity; or

$18,035

 

(c) high complexity

$44,660

39

On lodging written notice of changes to operating rules with ASIC under subsection 793D(3)

$1,549

40

On lodging an application, under subsection 795A(1), for an Australian market licence:

 

 

(a) low complexity; or

$15,462

 

(b) medium complexity; or

$85,888

 

(c) high complexity

$154,596

41

On lodging an application, under subsection 796A(2), for:

(a) the imposition of conditions on an Australian market licence; or

(b) the imposition of additional conditions on an Australian market licence; or

(c) the variation of conditions imposed on an Australian market licence; or

(d) the revocation of conditions imposed on an Australian market licence

$38,651

42

On lodging an application, under subsection 797A(1), for the variation of an Australian market licence to take account of a change in the licensee’s name

$1,549

43

On application, under paragraph 797B(c), for the Minister to suspend or cancel an Australian market licence

no fee

44

On application for an exemption or declaration under section 798D

$17,180

45

On giving an exemption under subsection 820C(1) in relation to a particular clearing and settlement facility or type of clearing and settlement facility

$1,340

46

On application to the Minister to vary, under subsection 820C(2), an exemption from all or specified provisions of Part 7.3

$17,179

47

On application to the Minister to revoke, under subsection 820C(2), an exemption from all or specified provisions of Part 7.3

no fee

48

On giving an annual report to ASIC under subsection 821E(1)

no fee

49

On lodging written notice of changes to operating rules with ASIC under subsection 822D(1):

 

 

(a) low complexity; or

$2,580

 

(b) medium complexity; or

$18,035

 

(c) high complexity

$44,660

50

On lodging written notice of changes to operating rules with ASIC under subsection 822D(3)

$1,549

51

On lodging an application, under subsection 824A(1), for an Australian CS facility licence:

 

 

(a) low complexity; or

$15,462

 

(b) medium complexity; or

$85,888

 

(c) high complexity

$154,596

52

On lodging an application, under subsection 825A(2), for:

(a) the imposition of conditions on an Australian CS facility licence; or

(b) the imposition of additional conditions on an Australian CS facility licence; or

(c) the variation of conditions imposed on an Australian CS facility licence; or

(d) the revocation of conditions imposed on an Australian CS facility licence

$38,651

53

On lodging an application, under subsection 826A(1), for the variation of an Australian CS facility licence to take account of a change in the licensee’s name

$1,549

54

On application, under paragraph 826B(c), to the Minister to suspend or cancel an Australian CS facility licence

no fee

55

On lodging an application, under subsection 851A(1), for approval to have voting power of more than 15%

$158,350

56

On lodging an application, under subsection 851C(2), to extend the period of an approval to have voting power of more than 15%

$670

57

On lodging an application, under paragraph 851D(3)(b), for the imposition, revocation or variation of conditions on an approval to have voting power of more than 15%

$670

58

On lodging an application, under subsection 851E(1), to vary a percentage specified in an approval to have voting power of more than 15%

$670

59

On lodging an application, under subsection 851F(3), for the revocation of an approval to have voting power of more than 15%

$670

60

On giving the Minister or ASIC information in accordance with regulations made for the purposes of paragraph 854A(1)(c)

$230

61

On lodging an application, under subsection 882B(1), for compensation arrangements

$15,462

62

On lodging written notice, under subsection 884B(2), of a change to a matter required to be dealt with by the compensation rules

$38,651

63

On lodging an application, under subsection 884C(1), for approval of a change to a matter that is not required to be dealt with by the compensation rules

$38,651

64

On lodging written notice, under subsection 890G(1), of a change to the SEGC’s operating rules

$38,651

65

On lodging, under subsection 892H(6), a copy of a report and financial statements

no fee

66

On lodging an application, under section 905B, for an Australian derivative trade repository licence

$154,598

67

On lodging an application, under paragraph 905F(2)(b), for imposition, variation or revocation of conditions on an Australian derivative trade repository licence

$38,651

68

On lodging an application, under section 905G, for the variation of an Australian derivative trade repository licence to take account of a change in the licensee’s name

$1,549

69

On lodging an application, under paragraph 905H(c), to suspend or cancel an Australian derivative trade repository licence

no fee

70

On lodging an application for a declaration by ASIC under subsection 1073E(1)

$17,590

71

On lodging an application for an exemption or declaration by ASIC under subsection 1075A(1)

$17,590

Financial benchmarks

72

On lodging an application for ASIC to vary or revoke a declaration made by ASIC under subsection 908AC(2)

$38,651

73

On lodging an application, under section 908BD, for a benchmark administrator licence

$85,888

74

On lodging an application, under paragraph 908BG(2)(b), for imposition, variation or revocation of conditions on a benchmark administrator licence

$38,651

75

On lodging an application, under paragraph 908BH(a), for the variation of a benchmark administrator licence to take account of a change in the licensee’s name

$1,549

76

On lodging an application, under paragraph 908BH(b), for the variation of a benchmark administrator licence to take account of a change in the financial benchmark specified in the licence

$38,651

77

On lodging an application, under paragraph 908BH(c), for the variation of a benchmark administrator licence to specify one or more further financial benchmarks

$38,651

78

On lodging an application, under paragraph 908BI(1)(c), to suspend or cancel a benchmark administrator licence

$12,886

79

On application to ASIC to exempt under subsection 908EB(2) a person or class of persons or exempt a financial benchmark or class of financial benchmarks

$38,651

Other applications

80

On application to the Minister or ASIC for an approval, exemption, declaration, consent, statement or noaction letter arising under:

(a) a provision in Chapter 1, 2C, 2D, 2E, 2G, 2H, 2J, 2L, 2M, 5, 5B, 5C, 5D, 6, 6A, 6B, 6C, 6D, 7 or 8; or

(b) a provision in Part 5.1 or 10.2; or

(c) a provision in Schedule 2 to the Corporations Act; or

(d) subclause 30(1) or (2) of Schedule 4 to the Corporations Act; or

(e) subregulation 5.1.01(1) of the Corporations Regulations; or

(f) an instrument made under, for the purposes of, a provision mentioned in paragraph (a), (b), (c) or (d);

unless:

(g) a fee is provided for the application by any other item in this Schedule or Schedule 2; or

(h) “no fee” appears in column 2 of an item in this Schedule or Schedule 2 in relation to the application; or

(i) the application is for an approval, exemption, declaration, consent, statement or noaction letter to apply to all persons or a class of persons and the persons in the class are not relatives or associates

$3,487

81

On application for ASIC to approve, under section 283GB, a body corporate to be a trustee for the purposes of paragraph 283AC(1)(f)

$16,030

82

On application for an approval under paragraph 324BD(1)(c)

no fee

83

On application, under paragraph 331AAC(1)(b), for ASIC to appoint an auditor of a registered scheme

no fee

84

On application, under subsection 331AC(1) or (2), for ASIC’s consent to the removal or resignation of an auditor of a scheme

no fee

85

On application for ASIC to permit a lesser period of notice under paragraph 411(2)(a)

no fee

86

On application for ASIC to give a direction under paragraph 448C(3)(b)

$156

87

On application, under paragraph 494(3)(b), for an extension of time to lodge a declaration of solvency

$156

88

On application, under paragraph 494(3)(c), for an extension of time to pass a resolution for a voluntary winding up

$156

89

On application, under paragraph 532(6)(b), for ASIC to direct that paragraph 532(6)(b) does not apply to a person

$156

90

On application for ASIC to make a direction under subsection 545(2)

$156

91

On application for ASIC to authorise a person as an eligible applicant for the purposes of Division 1 of Part 5.9

$468

92

On lodging an application for ASIC to exercise a power under section 601AE or 601AF

$934

93

On application, under subsection 601HH(1), for ASIC’s consent to the removal of an auditor of a compliance plan

$791

94

On application, under subsection 601HH(2), for ASIC’s consent to the resignation of an auditor of a compliance plan

no fee

95

On lodging an application, under subsection 601VBA(1), for approval to have voting power of more than 15% in a particular licensed trustee company

$11,550

96

On lodging an application, under subsection 601VBC(2), to extend the period for an approval granted under section 601VBB

$5,775

97

On lodging an application, under subsection 601VBE(1), to vary the percentage specified in an approval granted under section 601VBB

$5,775

98

On application, under paragraph 601WBA(1)(b), for ASIC to make a voluntary transfer determination

$5,775

99

On application or request for ASIC to provide an approval or consent under, or for the purposes of, an instrument made under section 655A, 669 or 673

no fee

100

On application under:

(i) subparagraph 911A(2)(h)(ii); or

(ii) paragraph 7.9.08(1)(a) of the Corporations Regulations;

for approval of an overseas or foreign regulatory body

no fee

101

On application, under paragraph 912B(2)(b), for ASIC to approve arrangements

$1,540

102

On application, under subsection 921K(1), for ASIC to approve a compliance scheme

$10,147

103

On application, under subsection 989D(3), for ASIC to approve an extension of the period for lodging a profit and loss statement and balance sheet

no fee

104

On application by a financial services licensee to ASIC for ASIC’s consent to remove an auditor of the licensee from office under paragraph 990F(b)

no fee

105

On application for a declaration under paragraph 1071H(5)(d) that a company is not required to comply with section 1071H

$323

106

On application, under subsection 301(4) of Schedule 2 to the Corporations Act, for ASIC to extend or further extend the period for a registered liquidator to lodge a return under subsection 301(1) of that Schedule

$156

107

On application, under subsection 9023(2) of Schedule 2 to the Corporations Act, for ASIC to appoint a registered liquidator to carry out a review into a matter that relates to the external administration of a company

$156

108

On application for the registration by ASIC of a disclosure statement under clause 32 of Schedule 4 to the Corporations Act

$2,695

109

On making an application to the Panel under the Corporations Act (other than an application made by ASIC)

$2,400

110

On application for ASIC to allow a further period for a liquidator to deal with proofs as mentioned in paragraph 5.6.53(1)(b) of the Corporations Regulations

$156

111

On application for ASIC to allow a further period for a liquidator to deal with a formal proof of debt or claim as mentioned in paragraph 5.6.66(1)(b) of the Corporations Regulations

$156

112

On application for ASIC to approve a guarantee mentioned in subsubparagraph 7.6.02AAA(3)(b)(ii)(B) of the Corporations Regulations

$1,540

113

On application under subregulation 7.8.02(6C) of the Corporations Regulations that the minimum balance of money held in an account to which section 981B relates may be reduced below the amount required by subregulation 7.8.02(6) of those Regulations

$270

114

On application under paragraph 7.8.16(4)(b) of the Corporations Regulations that a person is not an officer of a body corporate for the purposes of subregulations 7.8.16(1) and (2) of those Regulations

$270

115

On application under subparagraph 7.9.32(2)(a)(ii) of, or Part 16 of Schedule 10A to, the Corporations Regulations for an extension of fund reporting periods

$270

116

On application for ASIC to provide a waiver under rule 1.2.1 of:

(a) the ASIC Market Integrity Rules (Futures Markets) 2017; or

(b) the ASIC Market Integrity Rules (Futures Markets – Capital) 2017; or

(c) the ASIC Market Integrity Rules (IMB Market) 2010; or

(d) the ASIC Market Integrity Rules (Securities Markets) 2017; or

(e) the ASIC Market Integrity Rules (Securities Markets – Capital) 2017

$14,775

117

On application for ASIC to accept an identification statement as mentioned in subparagraph 5(3)(a)(i) of the ASIC Corporations (Charitable Investment Fundraising) Instrument 2016/813

$2,391

118

On application for ASIC to revoke an approval granted under section 1067 of the old Law, to the extent that provision continues to have effect because of section 1454 of the old Corporations Law and section 1408

$1,196

119

On application for ASIC to vary the conditions of an approval mentioned in section 1067 of the old Law, to the extent that provision continues to have effect because of section 1454 of the old Corporations Law and section 1408

$1,196

120

On application for ASIC to make a declaration mentioned in subsection 1069(3) of the old Law, to the extent that provision continues to have effect because of section 1454 of the old Corporations Law and section 1408

$3,587

121

On application for ASIC to make an exemption as mentioned in subsection 1084(2) of the old Law from compliance with any or all of the provisions of Division 5 of Part 7.12 of Chapter 7 of the old Law, to the extent that provision continues to have effect because of section 1454 of the old Corporations Law and section 1408

$159

122

On application for ASIC to make a declaration mentioned in subsection 1084(6) of the old Law in relation to Division 5 of Part 7.12 of Chapter 7 of old Law, to the extent that provision continues to have effect because of section 1454 of the old Corporations Law and section 1408

$159

123

On application for ASIC to discharge a security as mentioned in regulation 7.3.06 of the old Corporations Regulations, to the extent that provision continues to have effect because of section 1380

$1,284

124

On application to ASIC for an exemption or declaration, or a variation or revocation of an exemption or declaration, under Part 29 of the Superannuation Industry (Supervision) Act 1993

$3,478

Other matters

125

On lodging a proposed notice of meeting under subsection 218(1)

$802

126

On submission to ASIC, for examination, a draft explanatory statement for a proposed compromise or arrangement between a Part 5.1 body and all, or a class, of its members or creditors as required by subsection 411(2)

$5,290

127

On submitting a notice of hearing under paragraph 411(2)(a) to ASIC for examination

no fee

128

(a) On lodging with ASIC for registration an explanatory statement under subsection 412(6); or

(b) on submission to ASIC for examination of an explanatory statement for the purposes of subsection 412(7)

$321

129

On lodging with ASIC, under subregulation 5.6.75(3) of the Corporations Regulations, a notice mentioned in paragraph 465A(1)(c) to be published in the prescribed manner

$145

130

On lodging with ASIC, under subregulation 5.6.75(3) of the Corporations Regulations, a notice mentioned in subsection 465A(2) to be published in the prescribed manner

no fee

131

On electronically lodging a notice with ASIC for publication on ASIC’s publication website, as required by section 491

$64

132

On lodging a notice with ASIC under subsection 601FL(2) or 601FM(2) relating to a change of responsible entity of a registered scheme

$1,187

133

On lodging a notice under subsection 601FP(3) informing ASIC of the appointment of a temporary responsible entity of a registered scheme by the Court

$1,187

134

On lodging a notice under subsection 601FQ(4) asking ASIC to alter the record of a scheme’s registration to name a new responsible entity

$1,187

135

On lodging a notice with ASIC under paragraph 661B(1)(b) relating to a compulsory acquisition following a takeover

$802

136

On lodging a notice with ASIC under paragraph 662B(1)(b) relating to a right to buy out holders of bid class securities following a takeover bid

$641

137

On lodging a notice with ASIC under paragraph 663B(1)(b) relating to a right to buy out holders of convertible securities following a takeover bid

$160

138

On lodging a notice with ASIC under paragraph 664C(2)(a) relating to a compulsory acquisition of securities

$802

139

On lodging a copy of an objection form with ASIC under subsection 664E(2) relating to an objection to the compulsory acquisition of securities covered by a compulsory acquisition notice

$802

140

On lodging a list with ASIC under subsection 664E(3) relating to members objecting to a compulsory acquisition

$160

141

On lodging a notice with ASIC under paragraph 665B(1)(b) relating to a right to buy out holders of convertible securities by a 100% holder

$160

142

On lodging, by a disclosing entity, a document referred to in subsection 675(2) relating to price sensitive information

no fee

143

On lodging any document under subsection 912C(1), 912D(1) or (2) or 912E(2) or paragraph 913B(1)(ca)

no fee

144

On lodging a notice under subsection 922HA(3)

$250

145

On giving notice by an auditor of a financial services licensee to ASIC under paragraph 990G(1)(a)

no fee

146

Lodgment with ASIC of:

(a) a Product Disclosure Statement mentioned in section 1015B; or

(b) a Replacement Product Disclosure Statement under Subdivision E of Division 2 of Part 7.9; or

(c) a Supplementary Product Disclosure Statement under Subdivision E of Division 2 of Part 7.9

$1,993

147

On lodging a notice with ASIC about the occurrence of an event mentioned in paragraph 1015D(2)(a), (b) or (c)

no fee

148

On lodging with ASIC, under subsection 1200C(5), a notice and documents and information required to be lodged under section 1200D

$321

149

On lodging a document, statement or notice with ASIC under subsection 1200G(9)

$160

150

On lodging with ASIC a notice mentioned in subsection 1460(5) or paragraph 1460(6)(c) of the old Corporations Law, to the extent that those provisions continue to have effect because of section 1408

$478

151

On lodging with ASIC a deed, or a copy of a deed, mentioned in paragraph 1066(1)(c) of the old Law, to the extent that provision continues to have effect because of section 1454 of the old Corporations Law and section 1408

$478

152

On lodging a copy of a scheme under paragraph 195(c) of the Life Insurance Act 1995 when the scheme is confirmed

$2,695

153

On lodging a copy of a scheme under paragraph 17G(c) of the Insurance Act 1973 when the scheme is confirmed

$2,695

Other matters with no fee

154

On lodging a deed in relation to an application with ASIC for an exemption or modification under section 340

no fee

155

On lodging a notice under paragraph 465A(1)(a)

no fee

156

On lodging an auditor’s report with ASIC under subsection 601HG(7)

no fee

157

On lodging with ASIC, under subsection 601KB(5), a copy of a withdrawal offer

no fee

158

On lodging a notice with ASIC mentioned in subsection 990B(6) relating to the appointment of an auditor of an Australian financial services licensee

no fee

159

On lodging, under subsection 1287(1), particulars of an event mentioned in that subsection

no fee

160

On lodging a notice under subsection 1299F(3)

no fee

161

On lodging a notice, under regulation 5C.1.02 of the Corporations Regulations, to change the name of a registered scheme

no fee

162

On lodging a notice, under regulation 5C.9.01 of the Corporations Regulations, telling ASIC that winding up of a scheme has commenced or been completed

no fee

163

On lodging with ASIC, under subregulation 7.5.90(4) of the Corporations Regulations, a completed Form 719

no fee

Authorised audit companies

164

On lodging an application for registration as an authorised audit company under section 1299A

$3,429

165

On lodging an annual statement under section 1299G

no fee

 

Schedule 2Registry fees

Note: See regulation 3.

 

 

1  Registry fees

  The following table prescribes fees for chargeable matters for the purposes of subregulation 3(1).

Note: See also regulation 2 (interpretation).

 

Registry fees

Item

Column 1
Chargeable matter

Column 2
Fee

Incorporation and registration of companies and other bodies

1

On application for:

 

 

(a) registration of a company under section 118:

 

 

(i) if the company has a share capital; or

$488

 

(ii) if the company does not have a share capital; or

$403

 

(b) transfer of the registration of a company under section 119A; or

$488

 

(c) registration of a company under section 601BD:

 

 

(i) if, at the time of lodging the application, the body corporate was registered under Division 2 of Part 5B.2; or

$403

 

(ii) in any other case

$488

2

On lodging the documents under Part 5B.2 for the registration of:

 

 

(a) a registrable Australian corporation:

 

 

(i) if, in its place of origin, it is incorporated or registered under a law dealing with the incorporation of associations; or

$403

 

(ii) if, in its place of origin, it is incorporated or registered under a law except a law dealing with the incorporation of associations; or

$488

 

(b) a foreign company

$488

Choice of review date

3

On application under subsection 345B(1) or (2) for approval of a choice of a review date by a company or the responsible entity of a registered managed investment scheme to which item 4 of this Schedule does not apply

$40

4

On application under subsection 345B(1) or (2) for approval of a choice of a review date, by one or more companies having the same ultimate holding company, director or company secretary, or the responsible entity of one or more registered managed investment schemes:

 

 

(a) for an application relating to fewer than 10 companies or registered managed investment schemes; or

$40 for each company or scheme

 

(b) for an application relating to at least 10 companies or registered managed investment schemes

$397

Annual returns and accounts

5

On lodging a report under section 319 by a disclosing entity, except a company or registered scheme

$1,217

6

On lodging an annual return or balance sheet and profit and loss account of a registered foreign company under section 601CK

$1,217

Other applications

7

On lodging an application for the consent of the Minister under subsection 147(2) or 601DC(2) to the use of a name by a corporation or proposed corporation

$1,217

8

On lodging an application for the reservation of a name under subsection 152(1) or for the extension of a reservation of a name under subsection 152(2)

$49

9

On application:

(a) for the exercise by ASIC of its power under subsection 150(1); or

(b) under paragraph 157(1)(b)

$403

10

On application under subsection 163(1)

$79

11

On application, under subsection 601AA(1), to deregister a company

$40

12

On application, under subsection 601PA(1), to deregister a registered scheme

no fee

13

On lodging an application for which a fee is not provided by any other item in this Schedule or Schedule 1, unless “no fee” appears in column 2 of an item in this Schedule or Schedule 1 in relation to the application

$40

Late lodgement

14

On the late lodgement of a document (in addition to any fee provided by any other item in this Schedule or Schedule 1 for the lodgement of that document):

 

 

(a) if lodged within one month after the prescribed time; or

$79

 

(b) if lodged more than one month after the prescribed time

$329

Supply of information and documents

15

For a document issued or displayed by ASIC containing information relating to a single corporation or registered scheme, if the information is retrieved using a computer system:

 

 

(a) if requested by or on behalf of the Australian Broadcasting Corporation, the Special Broadcasting Service, the Australian Bureau of Statistics, the holder of a licence for a commercial broadcasting or television station, or the proprietor or publisher of a newspaper generally available to the public otherwise than by subscription:

 

 

(i) if the document contains only current information; or

no fee

 

(ii) if the document contains both current and noncurrent information; or

$17

 

(b) in any other case:

 

 

(i) if the document contains only current information; or

$9

 

(ii) if the document contains both current and noncurrent information

$17

16

For inspecting, or an inquiry involving the inspection of, documents that are lodged by or in relation to a particular corporation or registered scheme:

 

 

(a) if the documents are reproduced using a computer system:

 

 

(i) for less than 10 pages; or

$17

 

(ii) for 10 pages or more; or

$40

 

(b) in any other case

$17

17

For inspecting, or an inquiry involving the inspection of, a quarterly report lodged with ASIC under section 283BF

no fee

18

For an electronic transmission notifying a change in the information relating to an entity, in addition to any fee payable under item 15 or paragraph (a) of item 16 of this Schedule

$9

19

For inspecting, or an inquiry involving an inspection of, the Register of Licence Holders, the Register of Futures Licensees, the Register of Auditors or the Register of Liquidators:

 

 

(a) if requested by or on behalf of the Australian Broadcasting Corporation, the Special Broadcasting Service, the Australian Bureau of Statistics, the holder of a licence for a commercial broadcasting or television station, or the proprietor or publisher of a newspaper generally available to the public otherwise than by subscription; or

no fee

 

(b) in any other case

$9

20

For inspecting, or an inquiry involving an inspection or search (other than a search of information prescribed, on a register prescribed, for the purposes of subsections 1274A(2), (3) and (4)) of:

(a) the register in respect of financial services licensees mentioned in subsection 922A(2); or

(b) the register in respect of authorised representatives of financial services licensees, mentioned in subsection 922A(2); or

(c) the register in respect of persons against whom a banning order or disqualification order is made, mentioned in subsection 922A(2); or

(d) the Register of Relevant providers maintained under section 922Q;

by or on behalf of:

 

 

(e) the Australian Broadcasting Corporation, the Special Broadcasting Service, the Australian Bureau of Statistics, the holder of a licence for a commercial broadcasting or television station, or the proprietor or publisher of a newspaper generally available to the public otherwise than by subscription; or

no fee

 

(f) any other person

$12

21

For inspecting, or an inquiry involving the inspection of, the Australian Register of Company Charges and documents lodged by a particular corporation and used by ASIC to compile or maintain that Register, if documents are reproduced using a computer system:

 

 

(a) for less than 10 pages; or

$17

 

(b) for 10 pages or more

$40

22

For the issue of a document relating to recorded entries about a corporation or a registered scheme, or a director or secretary of a company, on all registers maintained using a computer system:

 

 

(a) if requested by or on behalf of the Australian Broadcasting Corporation, the Special Broadcasting Service, the Australian Bureau of Statistics, the holder of a licence for a commercial broadcasting or television station, or the proprietor or publisher of a newspaper generally available to the public otherwise than by subscription; or

no fee

 

(b) in any other case

$40

23

For a certificate issued by ASIC, except a certificate issued under:

(a) paragraph 118(1)(c), section 160, subsection 164(6) or 165(5), paragraph 601BD(1)(c), subsection 601CU(1) or 1280(5), or subsection 2030(4) or 2075(4) of Schedule 2 to the Corporations Act; or

(b) regulation 2A.2.04 of the Corporations Regulations

$19

24

For supplying a certified copy of, or a certified copy of an extract from, a document filed or lodged with ASIC, in addition to the fee payable under item 16, 19 or 21 of this Schedule

$19

25

For the production by ASIC, pursuant to a subpoena, of a document in its custody

$40

26

If the inspection of a register or the issue or display of a document occurs at a Business Centre of ASIC (in addition to the fee payable under item 15, 16, 19, 21 or 22 of this Schedule)

$3

National Consumer Credit Protection (Fees) Regulations 2010

23  Regulation 3

Insert:

Australian credit licence has the same meaning as in the National Credit Act.

credit provider licence means an Australian credit licence that authorises the licensee to engage in a credit activity mentioned in item 1 of the table in subsection 6(1) of the National Credit Act.

indexable matter: see subregulations 4(4) and 5(3).

lessor licence means an Australian credit licence that authorises the licensee to engage in a credit activity mentioned in item 3 of the table in subsection 6(1) of the National Credit Act.

24  Regulation 3 (definition of sole trader)

Repeal the definition.

25  Regulation 4

Repeal the regulation, substitute:

4  Prescribed fees—chargeable matters in Schedule 1

Fees

 (1) For the purposes of sections 5 and 6 of the Act, a fee is prescribed for a chargeable matter mentioned in an item in a table in clause 1 or 2 of Schedule 1.

 (2) The amount of the fee on or after 4 July 2018 is, subject to subregulations (3) to (5), the amount mentioned in the item.

Alteration of fees

 (3) In a circumstance mentioned in an item in the table in clause 3 of Schedule 1, the fee specified in an item in a table in clause 1 or 2 of that Schedule for a chargeable matter is altered as required by the item.

Indexable matters

 (4) A chargeable matter is an indexable matter if it is a matter mentioned in an item in the table in clause 2 of Schedule 1, unless “no fee” appears in column 2 of the item.

 (5) In the financial year starting on 1 July 2019, or a subsequent 1 July, the fee for an indexable matter is to be indexed in accordance with regulation 6 and rounded (if necessary) in accordance with regulation 7.

26  Subregulations 5(1A) and (1)

Repeal the subregulations, substitute:

Fees

 (1) For the purposes of sections 5 and 6 of the Act, and subject to subregulation (2), a fee is prescribed for a chargeable matter mentioned in an item in the table in clause 1 of Schedule 2.

 (1A) The amount of the fee on or after 4 July 2018 is, subject to subregulations (3) and (4), the amount mentioned in the item.

27  Paragraphs 5(2)(a) to (c)

Repeal the paragraphs, substitute:

 (a) the inspection or inquiry is made by or on behalf of a Commonwealth entity (within the meaning of section 10 of the Public Governance, Performance and Accountability Act 2013); or

 (b) the inspection or inquiry is made by or on behalf of a Commonwealth company (within the meaning of section 89 of the Public Governance, Performance and Accountability Act 2013); or

28  Subregulation 5(3)

Repeal the subregulation, substitute:

Indexable matters

 (3) A chargeable matter is an indexable matter if it is a matter mentioned in an item in the table in clause 1 of Schedule 2, unless “no fee” appears in column 2 of the item.

 (4) In the financial year starting on 1 July 2019, or a subsequent 1 July, the fee for an indexable matter is to be indexed in accordance with regulation 6 and rounded (if necessary) in accordance with regulation 7.

29  Subregulation 6(1)

Omit “1 July 2011”, substitute “1 July 2019”.

30  Subregulation 6(1)

Omit “a chargeable matter mentioned in an item in Schedule 1 or 2”, substitute “an indexable matter”.

31  Subregulation 6(2)

Omit “1 July 2011”, substitute “1 July 2019”.

32  Subregulation 6(2)

Omit “a chargeable matter mentioned in an item in Schedule 1 or 2”, substitute “an indexable matter”.

33  Subregulation 6(2)

Omit “the chargeable matter”, substitute “the indexable matter”.

34  Subregulation 6(4) (definition of previous indexable amount)

Repeal the definition, substitute:

previous indexable amount is the amount of the fee for an indexable matter (including any alteration in accordance with this regulation or regulation 7) that was applicable immediately before the relevant 1 July.

35  Regulation 7

Repeal the regulation, substitute:

7  Rounding of fees

  If an amount worked out using Part 1 or 2 of Schedule 1 or Schedule 2 (including any alteration in accordance with Part 3 of Schedule 1 or regulation 6) 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.

36  Schedule 1

Repeal the Schedule, substitute:

Schedule 1Fees for chargeable matters

Note: See regulation 4.

Part 1Specified fees

 

1  Specified fees

  For the purposes of subregulations 4(1) and (2), the following table prescribes fees for chargeable matters.

Note: See also regulation 3 (definitions).

 

Specified fees

Item

Column 1
Chargeable matter

Column 2
Fee

Chargeable matters under the National Credit Act

1

Lodgment of an application to be licensed under subsection 36(1) of the National Credit Act:

 

 

(a) if the applicant is an individual and the licence is not a credit provider licence or lessor licence; or

$1,798

 

(b) if the applicant is an individual and the licence is a credit provider licence or lessor licence; or

$3,468

 

(c) if the applicant is not an individual and the licence is not a credit provider licence or lessor licence; or

$2,055

 

(d) if the applicant is not an individual and the licence is a credit provider licence or lessor licence

$4,624

2

Lodgment of information or an audit report under subsection 37(4) of the National Credit Act

no fee

3

Lodgement of an application for an extension of time under subsection 37(5), 49(5), 220(2) or 265(5) of the National Credit Act

no fee

4

Lodgment of an application to have conditions imposed, varied or revoked under paragraph 45(2)(b) of the National Credit Act:

 

 

(a) if the licensee is an individual and the licence is not a credit provider licence or lessor licence; or

$2,183

 

(b) if the licensee is an individual and the licence is a credit provider licence or lessor licence; or

$1,156

 

(c) if the licensee is not an individual and the licence is not a credit provider licence or lessor licence; or

$2,826

 

(d) if the licensee is not an individual and the licence is a credit provider licence or lessor licence

$1,284

5

Lodgment of an application for ASIC to approve arrangements under paragraph 48(2)(b) of the National Credit Act

$1,540

6

Lodgment of a statement under subsection 49(1) of the National Credit Act

no fee

7

Lodgement of an application for an extension of time under subsection 53(1) or 101(3) of the National Credit Act

$1,155

8

Lodgment of an annual compliance certificate under subsection 53(1) of the National Credit Act

no fee

9

Lodgment under paragraph 54(1)(a) of the National Credit Act

no fee

10

Lodgment of an application for the variation or cancellation of a banning order under paragraph 83(2)(b) of the National Credit Act

$115

11

Lodgment of a trust account statement and trust account audit report under subsections 100(1) and (2) of the National Credit Act

no fee

12

Lodgment of a report under section 104 of the National Credit Act

no fee

13

Lodgment of an application for relief under section 109 of the National Credit Act

$3,487

14

Lodgment of an application for relief under section 163 of the National Credit Act

$3,487

Chargeable matters under Schedule 1 to the National Credit Act (the National Credit Code)

15

Lodgment of an application for relief under subsection 6(14) of the National Credit Code

$3,487

16

Lodgment of an application for relief under subsection 6(17) of the National Credit Code

$3,487

17

Lodgment of an application for relief under subsection 171(4) of the National Credit Code

$3,487

18

Lodgment of an application for relief under subsection 171(6) of the National Credit Code

$3,487

19

Lodgment of an application for relief under subsection 203A(1) of the National Credit Code

$3,487

20

Lodgment of an application for relief under subsection 203A(3) of the National Credit Code

$3,487

Chargeable matters under the National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009

21

Lodgment of an application to be registered under subitem 11(1) of Schedule 2 to the Transitional Act

no fee

22

Lodgment of an application to have conditions imposed, varied or revoked under paragraph 14(2)(b) of Schedule 2 to the Transitional Act

$115

23

Lodgment of a statement under subitem 17(1) of Schedule 2 to the Transitional Act

no fee

24

Lodgment of information under subitem 18(1) of Schedule 2 to the Transitional Act

no fee

25

Lodgment of an application to suspend or cancel registration under paragraph 23(1)(a) of Schedule 2 to the Transitional Act

no fee

26

Lodgment of an application for relief under item 41 of Schedule 2 to the Transitional Act

$3,487

Chargeable matters under the National Consumer Credit Protection Regulations 2010

27

Lodgment of particulars of a change under subregulation 9(2) of the National Credit Regulations

no fee

28

Lodgment of particulars of a change under subregulation 9(3) of the National Credit Regulations

no fee

29

Lodgment of particulars of a change in control of a licensee under subregulation 9(10) of the National Credit Regulations

no fee

30

Lodgment of notification of appointment under subregulation 19(3) of the National Credit Regulations

no fee

31

Lodgment of notification of appointment under subregulation 19(5) of the National Credit Regulations

no fee

32

Lodgment of information under a provision of:

(a) the National Credit Regulations; or

(b) the National Credit Act as modified by a provision of the National Credit Regulations;

that relates to an unlicensed carried over lender

no fee

33

Lodgment of information under a provision of:

(a) the National Credit Regulations; or

(b) the National Credit Act as modified by a provision of the National Credit Regulations;

that relates to a special purpose funding entity

no fee

Part 2Registry fees

 

2  Registry fees

  For the purposes of subregulations 4(1) and (2), the following table prescribes fees for chargeable matters.

Note: See also regulation 3 (definitions).

 

Registry fees

Item

Column 1
Chargeable matter

Column 2
Fee

Chargeable matters under the National Credit Act

1

Lodgment of a notice of an authorisation, or a notice of a change to, or revocation of, an authorisation, under section 71 of the National Credit Act

no fee

Chargeable matters under the National Consumer Credit Protection Regulations 2010

2

Notification of an address under paragraph 29(6)(a) of the National Credit Regulations

no fee

3

Notification of a change of address under paragraph 29(6)(b) of the National Credit Regulations

no fee

4

Notification of an address under paragraph 30A(3)(a) of the National Credit Regulations

no fee

5

Notification of a change of address under paragraph 30A(3)(b) of the National Credit Regulations

no fee

Other chargeable matters

6

Production by ASIC, under a subpoena, of:

(a) a register mentioned in the definition of chargeable matter in subsection 4(1) of the Act; or

(b) a document mentioned in that definition

$117

7

Lodgment of a document, notice or application under the National Credit Act or Transitional Act that is not mentioned in the other items in this Part, in Part 1 of this Schedule or in Schedule 2

$117

Part 3Alteration of fees in Part 1 or 2

 

3  Alteration of fees in Part 1 or 2

  For the purposes of subregulation 4(3), column 2 of an item of the following table specifies alterations, of the fees prescribed by Parts 1 and 2 of this Schedule, that apply in the circumstances specified by column 1 of the item.

 

Alteration of fees

Item

Column 1
Circumstances

Column 2
Altered fee

1

The chargeable matter is the lodgment of a document otherwise than electronically

The fee specified in Part 1 or 2 and altered under this Part (if necessary) is increased by $25

2

The chargeable matter is the lodgment of a document, and:

(a) the document must be lodged within a particular period; and

(b) the document is not lodged within the period; and

(c) the document is lodged within 1 calendar month after the specified period

The fee specified in Part 1 or 2 and altered under this Part (if necessary) is increased by $67

3

The chargeable matter is the lodgment of a document, and:

(a) the document must be lodged within a particular period; and

(b) the document is not lodged within the period; and

(c) the document is lodged 1 calendar month or more after the specified period

The fee specified in Part 1 or 2 and altered under this Part (if necessary) is increased by $278

4

If more than one item in this table applies to the person, the items are to be applied in the order of items 1, 2 and 3

 

37  Schedule 2

Repeal the Schedule, substitute:

Schedule 2Fees for other chargeable matters

Note: See regulation 5.

 

 

1  Registry fees

  For the purposes of subregulations 5(1) and (1A), the following table prescribes fees for chargeable matters.

Note: See also regulation 3 (definitions).

 

Registry fees

Item

Column 1
Chargeable matter

Column 2
Fee

1

The making available by ASIC, under subsection 214(1) of the National Credit Act, of an extract of particulars in relation to:

(a) a licensee; or

(b) a credit representative; or

(c) a registered person; or

(d) a person or entity whose details are included in any other register that ASIC is required to keep under the National Credit Act or the Transitional Act.

$10

 

If the extract includes particulars in relation to more than one person or entity, a separate fee is applicable for each person or entity

 

2

Inspection of a document register, or a document, under section 219 of the National Credit Act

$30

3

Inspection of a document:

(a) which has been lodged with ASIC; and

(b) which will be included in a document register under section 219 of the National Credit Act; and

(c) in relation to which ASIC has permitted the document register to be inspected

$30

Note: Under subsection 219(4) of the National Credit Act, ASIC is not required to permit a person to inspect a document register, or to make any part of a document register available to the public.

Superannuation Auditor Registration Imposition Regulation 2012

38  Section 3

Insert:

indexable matter: see subsection 5(2).

39  Section 4

Repeal the section, substitute:

4  ASIC fees

  For the purposes of section 4 of the Act, the fee mentioned in column 2 of an item of the following table is prescribed for the matter mentioned in column 1 of the item.

 

ASIC fees

Item

Column 1
Fee payable for ...

Column 2
Fee

1

applying for registration as an approved SMSF auditor

$1,927

1A

applying for conditions imposed on registration as an approved SMSF auditor to be varied or revoked under section 128D of the SIS Act

$1,028

1B

applying for registration as an approved SMSF auditor to be cancelled under section 128E of the SIS Act

$899

2

undertaking a competency examination in accordance with section 128C of the SIS Act

$107

3

giving the Regulator a statement under section 128G of the SIS Act

nil

4

giving to the Regulator a statement under section 128G of the SIS Act within 1 month after it fell due (in addition to the fee payable because of item 3)

nil

5

giving to the Regulator a statement under section 128G of the SIS Act more than 1 month after it fell due (in addition to the fee payable because of item 3)

nil

6

giving to the Regulator particulars under section 128H of the SIS Act within 1 month after they fell due

nil

7

giving to the Regulator particulars under section 128H of the SIS Act more than 1 month after they fell due

nil

4A  Registry fees

  For the purposes of section 4 of the Act, the fee mentioned in column 2 of an item of the following table is prescribed for the matter mentioned in column 1 of the item.

 

Registry fees

Item

Column 1
Fee payable for ...

Column 2
Fee

1

inspecting or searching a register that the Regulator keeps under Division 1A of Part 16 of the SIS Act for a current extract

nil

2

inspecting or searching a register that the Regulator keeps under Division 1A of Part 16 of the SIS Act for a historical extract

$19

3

inspecting or searching an extract of 10 pages or less given to or issued by the Regulator under Division 1A of Part 16 of the SIS Act (other than an order made under subsection 130F(2) of the SIS Act)

$19

4

inspecting or searching an extract of more than 10 pages given to or issued by the Regulator under Division 1A of Part 16 of the SIS Act (other than an order made under subsection 130F(2) of the SIS Act)

$40

40  Subsections 5(1) and (2)

Repeal the subsections, substitute:

 (1) For the purposes of paragraph 4(2)(b) of the Act, the amount of a fee on or after 4 July 2018 is, subject to subsections (2A) to (4), the amount mentioned in column 2 of an item in the table in section 4 or 4A.

Indexable matters

 (2) A matter is an indexable matter if it is mentioned in an item in the table in section 4A, and the fee is not nil.

 (2A) For the purposes of paragraph 4(2)(b) of the Act, in the financial year starting on 1 July 2019, or a subsequent 1 July, if the latest CPI number is greater than the earlier CPI number, the fee for an indexable matter is the amount worked out using the formula:

where:

previous indexable amount is the amount of the fee for the indexable matter that was applicable immediately before that 1 July.

41  Subsection 5(3)

Omit “the matter mentioned in an item in section 4”, substitute “the matter that is an indexable matter”.

42  Subsection 5(4)

Omit “subsection (1) or (2)”, substitute “subsection (2A)”.

Superannuation Industry (Supervision) Regulations 1994

43  Regulation 9A.07 (after table item 1)

Insert:

 

1A

applying for conditions imposed on registration as an approved SMSF auditor to be varied or revoked under section 128D of the Act

when the application is submitted

1B

applying for registration as an approved SMSF auditor to be cancelled under section 128E of the Act

when the application is submitted

Schedule 2Amendments commencing 1 July 2019

 

Corporations (Fees) Regulations 2001

1  Schedule 1 (table item 34)

Repeal the item, substitute:

34

On giving an exemption under subsection 791C(1) in relation to a particular financial market or type of financial market

$38,651

2  Schedule 1 (table item 45)

Repeal the item, substitute:

45

On giving an exemption under subsection 820C(1) in relation to a particular clearing and settlement facility or type of clearing and settlement facility

$38,651