Federal Register of Legislation - Australian Government

Primary content

Companies (Fees) Act 1981

Authoritative Version
Act No. 90 of 1981 as made
An Act relating to fees payable for the purposes of the Companies Act 1981
Date of Assent 18 Jun 1981
Date of repeal 22 Sep 1999
Repealed by Statute Stocktake Act 1999

1.jpg

Companies (Fees) Act 1981

No. 90 of 1981

 

An Act relating to fees payable for the purposes of the Companies Act 1981

[Assented to 18 June 1981]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Companies (Fees) Act 1981.

Commencement

2. This Act shall come into operation on the day on which the Companies Act 1981 comes into operation.

Interpretation

3. Expressions used in this Act have the same respective meanings as in the Companies Act 1981.

Fees payable

4. (1) There shall be paid to the Commonwealth for or in respect of—

(a) the lodgment of documents with the Commission under the Companies Act 1981;


 

(b) the registration of documents under that Act or the inspection or search of registers kept by, or documents in the custody of, the Commission under that Act;

(c) the production by the Commission, pursuant to a subpoena, of any register kept by, or documents in the custody of, the Commission under that Act;

(d) the issuing of documents or copies of documents, the granting of licences, consents or approvals or the doing of other acts or things by the Ministerial Council or the Commission under that Act;

(e) the making of inquiries of, or applications to, the Ministerial Council or the Commission in relation to matters arising under that Act; and

(f) the submission to the Commission of documents for examination by the Commission,

such fees (if any) as are prescribed.

(2) Where a fee is payable to the Commonwealth under sub-section (1) for or in respect of the lodgment of a document with the Commission and the document is submitted for lodgment without payment of the fee, the document shall be deemed not to have been lodged until the fee has been paid.

(3) Where a fee is payable to the Commonwealth under sub-section (1) for or in respect of any matter involving the doing of any act or thing by the Ministerial Council or the Commission, the Ministerial Council or the Commission shall not do that act or thing until the fee has been paid.

(4) This section has effect notwithstanding anything contained in the Companies Act 1981.

(5) Nothing in this section prevents the Commonwealth from—

(a) waiving or reducing, in a particular case or classes of cases, fees that would otherwise be payable pursuant to this section; or

(b) refunding, in whole or in part, in a particular case or classes of cases, fees paid pursuant to this section.

Regulations

5. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing fees, not in any case exceeding $1,000, for the purposes of sub-section 4 (1).

(2) The power of the Governor-General to make regulations shall be exercised only in accordance with advice that is consistent with resolutions of the Ministerial Council.