{"id":"C2009A00112","name":"National Consumer Credit Protection (Fees) Act 2009","slug":"national-consumer-credit-protection-fees-act-2009","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"112 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":40412,"registerId":"commonwealth-C2009A00112-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the National Consumer Credit Protection (Fees) Act 2009.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

16 November 2009

2. Sections 3 to 10

At the same time as section 3 of the National Consumer Credit Protection Act 2009.

1 April 2010

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Application to the Crown","content":"#### 3 Application to the Crown\n\n If the Crown, in a capacity, is bound by the provision or provisions of the National Consumer Credit Protection Act 2009 or the National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009 under which a chargeable matter arises or to which a chargeable matter relates, then the Crown, in that capacity, is bound by this Act in respect of that chargeable matter.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n (1) In this Act:\n\n> chargeable matter means any of the following:\n\n (a) the lodgment of a document under the National Consumer Credit Protection Act 2009 or the National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009;\n (b) the inclusion of a document in a register maintained under either of those Acts;\n (c) the inspection or search of a register kept by, or a document in the custody of, ASIC under either of those Acts;\n (d) the making available by ASIC, under either of those Acts, of information (whether in the form of a document or otherwise);\n (e) the production by ASIC, under a subpoena, of such a register or document;\n (f) the issuing of a document or of a copy of a document, the granting of a licence, registration, consent or approval, or the doing of any other act, under either of those Acts, by the Minister or ASIC;\n (g) the making of an inquiry of, or an application to, the Minister, or ASIC, in relation to a matter arising under either of those Acts;\n (h) the submission to ASIC of a document for examination by ASIC.\n\n> representative of a person:\n\n (a) if the person is a licensee—has the same meaning as in section 5 of the National Consumer Credit Protection Act 2009; and\n (b) if the person is a registered person (within the meaning of the National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009—has the same meaning as in section 4 of that Act; and\n (c) otherwise—has the same meaning as in section 5 of the National Consumer Credit Protection Act 2009.\n (2) Other expressions used in this Act that are defined in the National Consumer Credit Protection Act 2009 have the same meanings as they have in those Acts.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Imposition of fees for chargeable matters","content":"#### 5 Imposition of fees for chargeable matters\n\n (1) Subject to section 6, the regulations may prescribe fees for chargeable matters.\n (2) The fees prescribed by the regulations for chargeable matters are imposed, and are so imposed as taxes.\n (3) Two or more fees may be prescribed for the same chargeable matter.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Matters relating to amount of fees","content":"#### 6 Matters relating to amount of fees\n\n (1) The regulations may prescribe a fee for a chargeable matter:\n (a) by specifying an amount (not exceeding $10,000) as the fee; or\n (b) by specifying a method for calculating the amount of the fee.\n\n> Note: The limitation in paragraph (a) applies separately to each fee imposed if more than one fee is prescribed for the same chargeable matter (see subsection 5(3)).\n\n (2) The fee for a chargeable matter need not bear any relationship to the cost of providing any service that forms part of, or is related to, that matter.\n (3) The fee, or the sum of the fees, for a chargeable matter must not exceed $50,000.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Different fees for electronic compliance in relation to a chargeable matter","content":"#### 7 Different fees for electronic compliance in relation to a chargeable matter\n\n Without limiting sections 5 and 6, the regulations may prescribe, in relation to a chargeable matter, different fees having regard to whether the matter is complied with by electronic means.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Different fees for number of representatives of person by whom fee for chargeable matter is payable","content":"#### 8 Different fees for number of representatives of person by whom fee for chargeable matter is payable\n\n Without limiting sections 5 and 6, the regulations may prescribe, in relation to a chargeable matter, different fees having regard to the number of representatives (of the kind prescribed by the regulations) that the person by whom the fee for the chargeable matter is payable has at a particular time.","sortOrder":7},{"sectionNumber":"8A","sectionType":"section","heading":"Different fees for matters relating to person liable to pay fee","content":"#### 8A Different fees for matters relating to person liable to pay fee\n\n Without limiting sections 5 and 6, the regulations may prescribe, in relation to a chargeable matter, different fees having regard to any matter relating to the person by whom the fee for the matter is payable.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Who is liable to pay the fee for a chargeable matter, and time liability is incurred","content":"#### 9 Who is liable to pay the fee for a chargeable matter, and time liability is incurred\n\n The person by whom a fee for a chargeable matter is payable, and the time at which the person incurs that liability, are as follows:\n (a) for a chargeable matter referred to in paragraph (a) of the definition of chargeable matter in subsection 4(1):\n (i) person liable—the person who lodges the document; and\n (ii) time liability incurred—when the document is lodged;\n (b) for a chargeable matter referred to in paragraph (b) of that definition:\n (i) person liable—the person who requests inclusion of the document in the register, or if there is no request, the person who lodges the document; and\n (ii) time liability incurred—when the request for inclusion of the document in the register is made, or if there is no request, when the document is lodged;\n (c) for a chargeable matter referred to in paragraph (c) of that definition:\n (i) person liable—the person who requests the inspection or search; and\n (ii) time liability incurred—when the request is made;\n (d) for a chargeable matter referred to in paragraph (d) of that definition:\n (i) person liable—the person who requests the information; and\n (ii) time liability incurred—when the request is made;\n (e) for a chargeable matter referred to in paragraph (e) of that definition:\n (i) person liable—the person who filed the subpoena; and\n (ii) time liability incurred—when the subpoena is served on ASIC;\n (f) for a chargeable matter referred to in paragraph (f) of that definition:\n (i) person liable—the person who requests the issue of the document (or copy), the grant of the licence, registration, consent or approval, or the doing of the other act, or, if there is no such request, the person for whose benefit the act is done; and\n (ii) time liability incurred—when the request is made, or if there is no request, when the act is done;\n (g) for a chargeable matter referred to in paragraph (g) of that definition:\n (i) person liable—the person who makes the inquiry or application; and\n (ii) time liability incurred—when the inquiry or application is made;\n (h) for a chargeable matter referred to in paragraph (h) of that definition:\n (i) person liable—the person who submits the document; and\n (ii) time liability incurred—when the document is submitted.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Regulations","content":"#### 10 Regulations\n\n The Governor‑General may make regulations for the purposes of sections 5, 6, 7, 8 and 8A.","sortOrder":10}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: providing the statutory basis for fees related to the National Consumer Credit Protection Act 2009 regime. The addition of section 8A (allowing fees to vary based on characteristics of the person liable) represents a minor expansion of flexibility rather than a fundamental shift in scope. The Act has not grown beyond its original intent as a fee-imposing mechanism for the consumer credit regulatory framework."},"complexity_factors":["Short statute (10 sections)","Only 2 defined terms in the interpretation section ('chargeable matter' and 'representative of a person'), with heavy reliance on definitions from other Acts","Simple conditional structure: fees 'may' be prescribed, subject to caps and specific variations","No nested exceptions or complex cross-referencing within the Act itself","Straightforward liability allocation in section 9 using a clear tabular/list format","Primary complexity comes from external references to the National Consumer Credit Protection Act 2009 and its Transitional and Consequential Provisions Act"],"plain_english_summary":"This law sets up a system for charging fees for services related to consumer credit regulation in Australia. It works alongside the main National Consumer Credit Protection Act 2009.\n\n**What it does:**\n- Allows the government to charge fees for various administrative services provided by ASIC (the corporate regulator) and the Minister, such as:\n - Lodging documents\n - Adding documents to registers\n - Searching or inspecting registers\n - Getting copies of documents\n - Applying for licences, registrations, or approvals\n - Making inquiries\n\n**Key features:**\n- Fees are set by **regulations** (secondary laws made by the government), not in this Act itself\n- Fees are imposed as **taxes** (which matters for constitutional reasons)\n- Individual fees are capped at **$10,000**, and total fees for any single matter can't exceed **$50,000**\n- Fees don't have to match the actual cost of providing the service\n- Different fees can be charged for:\n - Electronic vs paper submissions\n - How many representatives a business has\n - Other characteristics of the person paying\n\n**Who pays:**\nGenerally whoever asks for the service (lodges the document, requests the search, applies for the licence, etc.) pays the fee. The law spells out exactly when the liability kicks in for each type of service.\n\n**Why it matters:**\nThis is the legal foundation that lets ASIC charge credit providers, brokers, and others for the paperwork and regulatory services involved in Australia's consumer credit system. Without this Act, those fees would potentially be unconstitutional."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"No change evident within the text supplied. The Act confines authority to prescribe fees for enumerated chargeable matters under the referenced Acts, sets liability/timing rules (s9), permits fee differentiation and caps (s6–8A), and leaves implementation detail to regulations (s5, s10). It also applies to the Crown where the Crown is bound under the underlying Acts (s3)."},"complexity_factors":["Delegation of substantive detail to regulations (s5, s10) increases reliance on subordinate instruments for actual rules.","Multiple, potentially cumulative fees for the same chargeable matter allowed (s5(3)), complicating calculation and forecasting.","Dual limits: per-fee ceiling (up to $10,000) and aggregate cap ($50,000) with a separate calculation method option (s6).","Permitted fee differentiation by mode (electronic or not) and by payer characteristics or number of representatives (s7, s8, s8A) adds rule complexity.","Fees imposed as taxes (s5(2)) changes legal character and collection/enforcement consequences.","Detailed who-pays and timing rules across a range of defined chargeable matters require careful mapping to transactions (s4 definition; s9).","Cross-references to the National Consumer Credit Protection Act 2009 and its Transitional Act for defined terms increase interpretive dependencies (s4(2)).","Application to the Crown in specified capacities creates additional scope considerations (s3)."],"plain_english_summary":"Authorises regulations to prescribe fees (treated as taxes) for specified “chargeable matters” under the National Consumer Credit Protection Acts and sets who is liable and when (see s5, s9). It caps individual fee amounts at $10,000 (or allows a calculation method) and total fees at $50,000, and permits different fees for electronic compliance or according to payer characteristics (s6–8A). Regulated entities and users pay these fees; fees need not match service cost, which creates incentives to favour lower‑fee processes (s6(2))."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: providing the legislative framework for imposing fees related to the national consumer credit licensing regime administered by ASIC. Section 8A (different fees based on matters relating to the fee payer) appears to have been added after original passage, slightly expanding fee differentiation flexibility, but the core scope is unchanged."},"complexity_factors":["Cross-references to two other Acts (National Consumer Credit Protection Act 2009 and the Transitional and Consequential Provisions Act 2009) requiring readers to consult external legislation for full context","The 'chargeable matter' definition has eight distinct categories, each with its own liability rules in section 9","Constitutional classification of fees as 'taxes' has legal significance not immediately obvious to lay readers","Fee cap structure (per-fee limit of $10,000 vs total cap of $50,000) requires reading sections 5 and 6 together","The Act is a skeleton framework — actual fees are in regulations not reproduced here, meaning the Act alone gives an incomplete picture","Definition of 'representative' varies depending on whether the person is a licensee, registered person, or other — requiring reference to two different sections of two different Acts"],"plain_english_summary":"This Act provides the legal framework authorising the government to set fees (by regulation) for interactions with ASIC under Australia’s consumer credit licensing system. It affects credit licensees, applicants, and anyone using ASIC’s registers or services.\n\nKey points: regulations set the amounts (not the Act), individual fees are capped at $10,000, total transaction caps $50,000, fees can vary or be discounted for electronic lodgement, and are treated as taxes."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/national-consumer-credit-protection-fees-act-2009","history":"/api/acts/national-consumer-credit-protection-fees-act-2009/history","analysis":"/api/acts/national-consumer-credit-protection-fees-act-2009/analysis","conflicts":"/api/acts/national-consumer-credit-protection-fees-act-2009/conflicts","importantCases":"/api/acts/national-consumer-credit-protection-fees-act-2009/important-cases","documents":"/api/acts/national-consumer-credit-protection-fees-act-2009/documents"}}