Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p133
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 133/212)
Character Range: 351346–353853

of section 338, a company is taken to lodge a document at a particular time; and

     (b) if the company had in fact lodged the document at that time, a fee would have been payable under section 1351 for the lodgment.

"(2) As from that time, the fee that, because of section 338, is payable under section 1351 for the lodgment of the document is a debt due to the Commonwealth and payable by the company.

Lodgment of document without payment of fee

  "1354. (1) This section applies where:

     (a) a fee is payable under section 1351 for the lodgment of a document; and

     (b) the document was submitted for lodgment without payment of the fee.

SCHEDULE 1—continued

"(2) The document is not taken not to have been lodged merely because of non-payment of the fee.

"(3) However, if the amount of the fee is ascertainable, the fee is 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 if the fee had been paid when the document was submitted for lodgment.

Doing of act without payment of fee

"1355. (1) Where a fee is payable under section 1351 for a matter involving the doing of an act by the Minister or the Commission, the Minister or the Commission must not do that act until the fee is paid.

"(2) Subsection (1) does not prohibit the doing of the act at a particular time if, as at that time:

  (a) the amount of the fee cannot be ascertained; and

     (b) if the Commission has required under section 1357 the payment of a deposit on account of the fee—the deposit has been paid.

Effect of sections 1354 and 1355

"1356. Sections 1354 and 1355 have effect despite anything in another Part of this Law.

Commission may require payment of deposit on account of fee

"1357. Where the amount of a fee payable under section 1351 for a matter involving the doing of an act by the Minister or the Commission cannot be ascertained, the Commission may, before the Minister or the Commission does the act, require the payment to the Commission, on account of the fee, of a deposit of a specified amount that the Commission considers it reasonable to expect will be the amount of the fee.

Fee not ascertainable when it became payable

"1358. (1) This section 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