Corporations (Review Fees) Amendment (2025 Measures No. 1) Regulations 2025
I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
Dated 6 March 2025
Sam Mostyn AC
Governor‑General
By Her Excellency’s Command
Stephen Jones
Assistant Treasurer
Minister for Financial Services
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Corporations (Review Fees) Regulations 2003
This instrument is the Corporations (Review Fees) Amendment (2025 Measures No. 1) Regulations 2025.
(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. The whole of this instrument | The day after this instrument is registered. | 12 March 2025 |
Note: This table relates only to the provisions of this instrument as originally made.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.
This instrument is made under the Corporations (Review Fees) Act 2003.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
1 Subregulation 3(1)
Insert:
financial year means a period of 12 months starting on 1 July.
2 Subregulation 4(1)
Omit “Part 1”, substitute “the table in clause 1”.
3 Paragraph 4(2)(a)
Omit “Part 1A”, substitute “the table in clause 2”.
4 Paragraph 4(2)(b)
Omit “specified in this regulation”, substitute “prescribed by this subregulation”.
5 Subregulation 4(3)
Omit “column 2 of Part 2”, substitute “the table in clause 3”.
6 Paragraph 4(4)(b)
Repeal the paragraph, substitute:
(b) if subregulation (5), (6) or (7) applies:
(i) the amount specified in that subregulation (subject to subparagraph (ii) of this paragraph); or
(ii) if the amount specified in that subregulation is more than $10,000—$10,000.
7 Subregulation 4(5)
Repeal the subregulation, substitute:
(5) In the financial year starting on 1 July 2024, the amount of a review fee for a company, registered scheme or notified foreign passport fund is the amount mentioned in the item of the table in Schedule 1 that applies in relation to the company, scheme or fund and the review fee.
8 Subregulations 4(6) and (7)
Omit “2012”, substitute “2025”.
9 Subregulation 4(7A)
Repeal the subregulation.
10 Subregulation 5(3)
Repeal the subregulation.
11 At the end of Part 3
Add:
Upfront fees
(1) To avoid doubt, if:
(a) before the commencement of the amending regulations, a company, registered scheme or notified foreign passport fund paid in relation to a review date a fee prescribed by subregulation 4(2), as in force at the time the payment was made; and
(b) at that time, the company, scheme or fund was mentioned in an item of Part 1A of Schedule 1 to these Regulations; and
(c) the payment was made before the conduct of the review relating to the review date;
then subregulation 4(2), as amended by the amending regulations, applies in relation to the company, scheme or fund at and after the commencement of the amending regulations as if it had paid the fee prescribed by that subregulation before the conduct of the review.
Fee amounts
(2) The amendment of subregulation 4(5) made by the amending regulations applies in relation to a review fee in the financial year starting on 1 July 2024 for a review date that occurs at or after the commencement of the amending regulations.
(3) The amendments of subregulations 4(6) and (7) made by the amending regulations apply in relation to review fees in a financial year starting on or after 1 July 2025.
(4) For the purposes of subregulations 4(6) and (7), the amount of a review fee applicable immediately before 1 July 2025 is taken to be the amount applicable under Schedule 1 as amended by the amending regulations.
Definitions
(5) In this regulation:
amending regulations means the Corporations (Review Fees) Amendment (2025 Measures No. 1) Regulations 2025.
12 Schedule 1
Repeal the Schedule, substitute:
Note: See regulation 4.
The following table sets out amounts for the purposes of working out review fees for companies, registered schemes and notified foreign passport funds if those fees are to be paid annually:
Annual fees | ||
Item | Company, registered scheme or notified foreign passport fund | Amount |
1 | A public company, except a special purpose company or a small transferring financial institution | $1,492 |
2 | A proprietary company, except a special purpose company | $321 |
3 | A CCIV, except a special purpose company | $1,492 |
4 | A special purpose company that is not a proprietary company | $61 |
5 | A special purpose company that is a proprietary company | $65 |
6 | A registered scheme or notified foreign passport fund | $1,492 |
7 | A registered scheme that is being wound up | no fee |
8 | A notified foreign passport fund in relation to which a notice has been given under subsection 1216J(1) of the Act (notices to be given before removing a fund as a notified foreign passport fund) | no fee |
9 | A small transferring financial institution, except a special purpose company | $298 |
10 | A company in liquidation | no fee |
11 | A registered entity under the Australian Charities and Not‑for‑profits Commission Act 2012 | no fee |
The following table sets out amounts for the purposes of working out review fees for companies, registered schemes and notified foreign passport funds if the fees are to be paid before the conduct of the review:
Upfront fees | ||
Item | Company, registered scheme or notified foreign passport fund | Amount |
1 | A public company, except a special purpose company or a small transferring financial institution | $10,000 |
2 | A proprietary company, except a special purpose company | $2,381 |
3 | A CCIV, except a special purpose company | $10,000 |
4 | A special purpose company that is not a proprietary company | $446 |
5 | A special purpose company that is a proprietary company | $452 |
6 | A registered scheme or notified foreign passport fund | $10,000 |
The following table sets out circumstances in which certain review fees are specified and the amounts of those fees:
Late fees | ||
Item | Circumstance | Amount |
1 | Paying a review fee after the date on which the fee becomes due and payable, but within one month after that date | $96 |
2 | Paying a review fee more than one month after the date on which the fee becomes due and payable | $401 |
Note: For when a fee becomes due and payable, see subsection 1351(3) of the Act.