Australia PGPA Finance Minister Delegations to Accountable Authorities and the Finance Secretary
Debt directions: waivers, postponement, instalments and deferral (section 63 of the Act) – Australia PGPA Finance Minister Delegations to Accountable Authorities and the Finance Secretary

Australia PGPA Finance Minister Delegations to Accountable Authorities and the Finance Secretary NCE-S1-P7: ASIC fee waivers: waive Corporations Act fees only up to $5,000 per fee, only on a written application with supporting evidence, only for circumstances outside the company's control, after weighing the company's own contribution

What does NCE-S1-P7 require?

ASIC's accountable authority may waive a Corporations Act fee owed to the Commonwealth, capped at $5,000 per individual fee. It must not consider an application unless it is written, and the applicant carries the burden of supplying evidence. It must be satisfied that circumstances outside the control of the company's officers or representatives make a waiver reasonable, and must weigh how far they contributed to the situation. Examples that may justify full or part waiver include delay caused by ASIC, seizure of books by police or a regulator unrelated to the lodgement failure, a court's delay in issuing an order, disaster damage to records, exceptional illness or a firm merger, industrial disputes such as postal strikes, and documents that must be prepared or signed overseas; books withheld by an unpaid accountant never justify a waiver.

Maintained by Gerard Blokdyk

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