Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p134
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 134/212)
Character Range: 353638–356152

applies where the amount of a fee payable under section 1351 cannot be ascertained when the fee becomes payable, but at a later time becomes able to be ascertained.

"(2) If a person has paid a deposit on account of the fee, the Commission must apply towards payment of the fee so much of the deposit as does not exceed the amount of the fee and:

     (a) if the amount of the deposit exceeds the amount of the fee— the Commission must refund to the person the amount of the excess; or

     (b) if the amount of the fee exceeds the amount of the deposit—as from the later time, so much of the fee as exceeds the amount

SCHEDULE 1—continued

     of the deposit is a debt due to the Commonwealth and payable by the person.

"(3) Otherwise, the fee is, as from the later time, a debt due to the Commonwealth and payable by the person whom the Commission determines in writing to be the person who it is reasonable to expect would have paid the fee had the fee been able to be ascertained when it became payable.

Waiver and refund of fees

  "1359. Nothing in this Part prevents the Commonwealth from:

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

     (b) refunding, in whole or in part, in a particular case or in particular classes of cases, fees paid under this Law.

Debts due to the Commonwealth

"1360. The Commission may recover in a court of competent jurisdiction a debt due under this Part.

This Part not to impose taxation

  "1361. Nothing in this Part is to be taken to impose taxation.

Payment of fee does not give right to inspect or search

"1362. To avoid doubt, nothing in this Part, and nothing done under this Part:

     (a) imposes on the Commission a duty to allow the inspection or search of a register or document, or to make available information; or

     (b) confers a right to inspect or search a register or document or to have information made available;

except so far as such a duty or right would, but for the effect of section 1355, exist under a provision of another Part of this Law or under some other law.".

Table A of Schedule 1:

   (a) Omit the definition of "Act" in subregulation 1 (1), substitute:

" 'Law' means the Corporations Law;".

  (b) Omit subregulation 1 (2), substitute:

     "(2) Division 10 of Part 1.2 of the Corporations Law applies in relation to these regulations as if they were an instrument made under that Law as in force on the day when these