Companies (Fees) Amendment Act 1985

No. 120 of 1985

An Act to amend the Companies (Fees) Act 1981

[Assented to 28 October 1985]

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

Short title, &c.

1 1

1. (1) This Act may be cited as the Companies (Fees) Amendment Act 1985.

 2

(2) The Companies (Fees) Act 19811 is in this Act referred to as the Principal Act.
2 Commencement

2. This Act shall come into operation, or shall be deemed to have come into operation, as the case requires, on the day on which section 7 of the Companies Amendment Act 1985 comes into operation.
3 Fees payable

3. Section 4 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:

“(1a) Where—

(a) by virtue of Companies Act 1981, a company is to be deemed, for the purposes of that Act, to lodge a document with the Commission at a particular time; andsection 265a of the

(b) a fee would, if the company had lodged the document with the Commission at that time, have been payable to the Commonwealth under sub-section (1) of this section for or in respect of the lodgment,

then—

(c) the company shall pay to the Commonwealth a fee (in this sub-section referred to as the ‘relevant fee’) of an amount equal to the amount of the fee referred to in paragraph (b); and

(d) as from that time, the relevant fee is a debt due to the Commonwealth and may be recovered by the Commission in a court of competent jurisdiction.”.
1 NOTE

No. 90, 1981, as amended. For previous amendments, see No. 153, 1981.

[Minister’s second reading speech made in—

House o f Representatives on 8 May 1985

Senate on 16 May 1985]