National Consumer Credit Protection (Fees) Regulations 2010

The Regulations operate around a small number of recurring legal and administrative concepts. Set out below are the core concepts and where they are located in the Regulations.

• Chargeable matter: a matter for which the Act permits a fee to be prescribed. The Regulations do not redefine the basic statutory concept but apply their schedules to particular chargeable matters identified by reference to sections and schedules in the National Credit Act and related instruments (see reg 4(1) and the Schedule item headings).

• Prescribed fee: the dollar amount that must be paid for a chargeable matter, as stated in an item in Schedule 1 or Schedule 2 (reg 4(1); reg 5(1)). The schedules contain two structural parts: specified fees (Schedule 1 Part 1) and registry fees (Schedule 1 Part 2 and Schedule 2 Part 1). Many items are “no fee”.

• Indexable matter and indexation: an indexable matter is an item identified in the schedule tables specified by the Regulations: for Schedule 1, items in clause 2 (Schedule 1 Part 2, registry fees) are indexable unless column 2 displays “no fee” (reg 4(4)); for Schedule 2, indexable matters are those in the table in clause 1 of Schedule 2 unless the item shows “no fee” (reg 5(3)). Where indexation applies, regulation 6 prescribes the annual adjustment mechanics from the financial year starting 1 July 2019. Indexation is conditional: if the “latest CPI number” is greater than the “earlier CPI number” then the fee is “the amount worked out using the formula” in reg 6(1) (the Regulations display the formula in the instrument); if not greater, the fee remains the immediately preceding applicable amount (reg 6(2)). Definitions for the CPI terms and “previous indexable amount” are in reg 6(4). The Regulations also address substituted CPI publications and changes of CPI reference base (reg 6(3)).

• Rounding: when indexation or a calculation produces dollars and cents, rounding is mandatory under regulation 7. If the cents are at least 50 cents, round up to the nearest dollar; otherwise round down (reg 7).

• Alterations to fees (surcharges): Schedule 1 Part 3 prescribes fixed dollar additions to the fee for specified circumstances: non‑electronic lodgement (+$25); late lodgement within one calendar month (+$67); late lodgement one month or more (+$278). Those surcharges are added to the fee specified in Parts 1 or 2 of Schedule 1 and are applied in order if more than one circumstance applies (Schedule 1 Part 3 items 1-4).

• Exemptions from certain registry fees: regulation 5(2) lists categories of persons or inquiries for which Schedule 2 registry fees do not apply: Commonwealth entity/company acting on its own behalf; journalists; commercial broadcast licence holders; newspaper proprietors publishing generally available newspapers; and inspections of a credit register ASIC has already made available under s 214(2) of the National Credit Act.

• Cross‑references to substantive law: the schedules tie specific chargeable matters to provisions of the National Credit Act (for example, lodgment of licence applications under s 36(1), s 45(2)(b), and many others), to the National Credit Regulations (for example, notification of address under reg 29(6)(a) and others), and to the Transitional Act and Transitional Regulations as relevant. Each schedule item specifies the statutory action to which the fee relates.

These concepts together create a rulebook for computing the fee payable in a given situation: identify the precise statutory trigger, map it to the schedule item, check whether it is indexable, compute any late or non‑electronic surcharges that apply, apply indexation rules if relevant, and round the final number.

The Regulations affect multiple groups that interact with the National Consumer Credit Protection regime. The distribution of cost and administrative consequences is explicit in the schedules and in the exceptions listed in the text.

• Applicants for credit licences and related approvals: Item 1 of Schedule 1 Part 1 prescribes fees for lodgment of an application to be licensed under subsection 36(1) of the National Credit Act. The item is split by whether the applicant is an individual or not, and whether the licence is a credit provider licence or a lessor licence (item 1(a)-(d)). For example, Schedule 1 Part 1 item 1(a) prescribes $1,798 where the applicant is an individual and the licence is not a credit provider licence or lessor licence; item 1(d) prescribes $4,624 where the applicant is not an individual and the licence is a credit provider licence or lessor licence. Those seeking licences bear these front‑end costs.

• Licensees and prospective licensees subject to routine reporting and compliance lodgements: multiple items require lodgment of statements, reports, audit reports, annual compliance certificates, trust account statements, and notifications. Numerous items are specified as “no fee” (for example, Schedule 1 Part 1 items 2, 3, 6, 6A, 8, 9, 11, 12, 15-20 include a mixture of fees and no fee entries). Where a fee is prescribed, the licensee or applicant must pay it; where an item says “no fee”, there is no prescribed charge under these Regulations.

• Persons seeking relief or administrative decisions from ASIC under the National Credit Act or National Credit Code: many items prescribe fees for applications for relief under specified sections (for example, Schedule 1 Part 1 items 13-20 and items 26 and 34). The fees for those applications are significant in many cases (for example $3,487 for several “application for relief” items and for “no‑action letter” applications, Schedule 1 Part 1 item 34).

• Registered persons and credit representatives: Schedule 2 and Schedule 1 Part 2 include registry fees for extracts and inspections relating to licensees, credit representatives, registered persons and other persons whose details are included in registers ASIC is required to keep (Schedule 2 item 1). Those seeking extracts or inspections (including commercial users who want multiple extracts) bear those costs unless an exemption applies.

• Users of document registers and subpoenaed parties: Schedule 2 prescribes fees for inspection of document registers or documents under section 219 of the National Credit Act (Schedule 2 item 2 and item 3 set fees of $30), and for production by ASIC under subpoena of registers or documents (Schedule 1 Part 2 item 6 prescribes $117). Parties using subpoenas to obtain ASIC material or third parties requesting inspection pay these amounts, subject to the exemptions in reg 5(2).

• Journalists and certain media and Commonwealth actors: the Regulations exempt journalists, commercial broadcasting licence holders, and proprietors/publishers of generally available newspapers from Schedule 2 fees for inspections or inquiries (reg 5(2)(c)-(e)). Commonwealth entities and Commonwealth companies acting on their own behalf are also exempt under reg 5(2)(a)-(b). These exemptions change who pays for registry access in these precise categories.

• Entities that lodge documents other than electronically and late lodgers: Schedule 1 Part 3 imposes surcharges that affect parties who lodge paper documents or who miss filing deadlines. The practical result is that non‑electronic filers and late filers pay more for relevant chargeable matters prescribed in Parts 1 and 2 of Schedule 1.

Who decides and administers is not set out in detail in these Regulations. The schedules are crafted for use “for the purposes of sections 5 and 6 of the Act” (reg 4(1); reg 5(1)), and the chargeable matters are those that arise under the National Credit Act, National Credit Regulations, and the Transitional Act. Practitioners should treat these Regulations as imposing direct, itemised monetary obligations on applicants, licensees, registrants, document users, and other private actors who trigger the identified chargeable matters.

The Regulations create monetary obligations and set procedural adjustments that translate into duties for affected persons and certain rights or exemptions for other categories. The instrument itself does not create substantive licensing duties; it prescribes the fees attached to statutory duties under the National Credit framework. The main duties and rights that flow from the Regulations are as follows.

Duties:

• Duty to pay the prescribed fee where a chargeable matter falls within the schedules. The Regulations prescribe the applicable fee for each listed chargeable matter (reg 4(1); reg 5(1)). For example, a person lodging an application to be licensed under s 36(1) of the National Credit Act must pay the fee listed in Schedule 1 Part 1 item 1 appropriate to their category (item 1(a)-(d)).

• Duty to consider altered fees for non‑electronic lodgement and late lodgement. Where the relevant chargeable matter is in Parts 1 or 2 of Schedule 1, the applicable fee must be increased in circumstances identified in Schedule 1 Part 3: $25 added for lodgment otherwise than electronically, $67 added for late lodgement within one calendar month, and $278 added for lodgement one month or more late (Schedule 1 Part 3 items 1-3). Those surcharges are not discretionary; they are specified alterations to the fee.

• Duty to apply indexation where a matter is indexable and the indexation trigger is met. For indexable matters (Schedule 1 Part 2 items and Schedule 2 Part 1 items that are not “no fee”), the fee for the financial year starting 1 July 2019 or a subsequent 1 July is determined by the indexation rule in reg 6 if the latest CPI is greater than the earlier CPI. If the CPI trigger is not met, the fee remains the previously applicable amount (reg 6(1)-(2); reg 6(4)). The duty is procedural: to calculate and apply the indexed amount.

• Duty to round indexed amounts as specified. When indexation or another calculation produces dollars and cents, the practitioner must round according to reg 7: round up if cents are at least 50, otherwise round down.

• Duty to pay separate fees for multiple-entity extracts. Schedule 2 item 1 states that if an extract includes particulars for more than one person or entity, a separate fee is chargeable for each person or entity.

Rights and exemptions:

• Right to non‑payment for specified matters. Many schedule items are expressly “no fee” (for example Schedule 1 Part 1 items 2, 3, 6, 6A, 8, 9, 11, 12, 15-20; Schedule 1 Part 2 items 1-5; Schedule 2 contains various items). Where the schedule says “no fee”, the person is not required to pay a prescribed fee for that chargeable matter under these Regulations.

• Right to exemption from Schedule 2 fees for certain users. Regulation 5(2) exempts Commonwealth entities and companies acting on their own behalf, journalists, commercial broadcasting licence holders, proprietors/publishers of generally available newspapers, and inspections of credit registers made available by ASIC under s 214(2) of the National Credit Act from Schedule 2 fees. The exemption is categorical for the listed situations.

• Procedural certainty as to surcharges. The Part 3 table in Schedule 1 gives persons clear notice of additional charges for non‑electronic lodgement and late lodgement and instructs that multiple applicable surcharges must be applied in a specified order (Schedule 1 Part 3 item 4).

What the Regulations do not do:

• They do not themselves create licensing, reporting, or auditing obligations; they simply prescribe the dollar amounts payable where those obligations are triggered under the National Credit Act and related instruments (reg 4(1); reg 5(1)).

• They do not set out enforcement mechanisms, penalty rates for non‑payment, or payment modalities. The Regulations are confined to prescribing fees and the rules for indexing and altering those amounts.

For practitioners this means the key duty is mapping the substantive statutory action to the precise schedule item and then following the arithmetic rules in these Regulations to arrive at the payable amount.

The Regulations themselves do not create penal or enforcement provisions beyond prescribing fees, indexation rules and alterations. They are a schedule of fees and procedural settings rather than a code of enforcement. This leads to two immediate observations that are grounded in the text.

First, there are no offence provisions, civil penalty provisions, or explicit recovery procedures contained in these Regulations. The instrument prescribes fees for chargeable matters identified in Schedule 1 and Schedule 2 and supplies indexation, rounding and surcharge rules (reg 4-7; Schedules). It does not specify what happens if a fee is unpaid, late, or disputed, nor does it provide for interest on unpaid fees or recovery mechanisms. Those enforcement matters, if any, would sit in the Act, in the National Credit Act, or in other administrative law instruments; they are not included within these Regulations.

Second, the Regulations are drafted to be applied in conjunction with the Act and the National Credit Act. Each fee is prescribed “for the purposes of sections 5 and 6 of the Act” (reg 4(1); reg 5(1)), which signals that the legal authority to charge and require payment is derived from the Act and that enforcement, administration and collection processes will be governed by that primary legislation and any applicable administrative rules. The Regulations themselves do not describe collection processes.

Practical enforcement implications for fee payers:

• Because the instrument prescribes fees and surcharges, failure to pay the prescribed sum is likely to have consequences but the Regulations do not list them. A practitioner should expect that a failure to pay when required under the Act could affect the relevant application or ASIC process, but one must consult the Act and ASIC’s administrative practices for the precise enforcement consequences.

• For disputes about whether a fee applies (for example, whether a lodgement attracts a surcharge for late filing or for non‑electronic lodgement, or whether a particular request falls within an exemption in reg 5(2)), the text of the Regulations provides the starting point for contesting an invoice: check mapping to the schedule item, check whether the item is indexable, verify whether any Part 3 surcharges apply, and verify the exemption provisions in reg 5(2).

• The Regulations set fixed amounts for particular actions (for example, production by ASIC under subpoena $117, Schedule 1 Part 2 item 6). Absent an alternative statutory basis or administrative concession, that is the amount that should be tendered where the item applies.

To conclude on enforcement: the Regulations supply a catalogue of fees, indexation and rounding rules and prescribed surcharges. They deliberately do not include payment enforcement mechanics or penalties. For enforcement steps, collection processes or consequences of non‑payment, the relevant provisions of the Act and the National Credit Act, and ASIC’s procedures, are the proper sources to consult.

These Regulations are tightly cross‑referenced to the National Consumer Credit Protection Act 2009 (the Act), the National Consumer Credit Protection Act 2009 as modified by the National Credit Act (the National Credit Act), the National Consumer Credit Protection Regulations 2010 (the National Credit Regulations), and the National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009 (the Transitional Act). The instrument’s operative logic is to attach monetary amounts to chargeable matters that arise under those instruments. Key points of interaction are as follows.

• Statutory authorisation and purpose: The Regulations expressly prescribe fees “for the purposes of sections 5 and 6 of the Act” (reg 4(1); reg 5(1)). Those cross‑references indicate that the Fees Act supplies the statutory power to set fees and that these Regulations exercise that power in a list format. The Regulations do not attempt to alter substantive obligations under the National Credit Act; they merely set the prescribed monetary amounts for the statutory chargeable matters.

• Direct references to provisions in the National Credit Act and Code: many items in Schedule 1 Part 1 and in Schedule 2 identify specific sections, subsections, or paragraphs of the National Credit Act and the National Credit Code. Examples include lodgment of licence applications under subsection 36(1) (Schedule 1 Part 1 item 1), applications to have conditions imposed varied or revoked under paragraph 45(2)(b) (item 4), applications for relief under sections 109 and 163 (items 13-14), and numerous references to the National Credit Code (items 15-20). These references mean that the Regulations apply only where the operative conduct is governed by those statutory provisions.

• Link to National Credit Regulations: Schedule 1 Part 1 and the registry fees in Schedule 1 Part 2 reference the National Credit Regulations for specific notification requirements (for example, Schedule 1 Part 2 items 27-31 reference lodgment of particulars or notifications under specified subregulations of the National Credit Regulations). Those cross‑references confirm that the Fees Regulations attach charges to administrative acts required under the National Credit Regulations.

• Interaction with Transitional law: the schedules include items that relate to the Transitional Act and Transitional Regulations (Schedule 1 Part 1 items 21-26 relate to Schedule 2 to the Transitional Act and related subitems). This ties the fees regime to transitional registration and registration change processes during the period those transitional provisions apply.

• Exemption cross‑reference to other Commonwealth law for definitions: Reg 5(2)(a)-(b) exempt inspections or inquiries made by or on behalf of a Commonwealth entity or a Commonwealth company, each of which are defined with reference to the Public Governance, Performance and Accountability Act 2013 (see reg 5(2)(a) and (b) quoting section 10 and section 89 definitions respectively). The Regulations therefore import definitions from the PGPA Act to identify exemption categories.

• Interaction with ASIC powers under the National Credit Act: the Regulations treat certain ASIC acts as chargeable matters under the National Credit Act (for example, making extracts available under subsection 214(1) of the National Credit Act, and inspection powers under section 219). Schedule 2 item 1 prescribes a $10 fee for extracts made available by ASIC under s 214(1). Regulation 5(2)(f) then identifies inspections of a credit register that ASIC has made available under subsection 214(2) as exempt from Schedule 2 fees. This indicates a two‑tier approach: some extracts/inspections will attract the Schedule 2 fees while others (those made available by ASIC under s 214(2)) are specifically excluded.

• No conflict with payment or enforcement provisions included: the Regulations do not purport to override other statutory payment or enforcement provisions. The Act and the National Credit Act likely contain broader administrative provisions about payment enforcement and officers’ powers. Given the Regulations’ limited remit (prescribing amounts and indexation), they are best read as complementary to those instruments.

In practical terms, the Regulations should always be read in conjunction with the substantive provision that generates the chargeable matter. For example, if a client is lodging an application for licence conditions to be varied under paragraph 45(2)(b) of the National Credit Act, the fee is the one listed in Schedule 1 Part 1 item 4 and any indexation or Part 3 alteration that is applicable must be applied. If a request is for an extract under s 214(1), Schedule 2 item 1 applies unless the extract falls within the subset of registers made available by ASIC under s 214(2), in which case reg 5(2)(f) excludes the fee. The Regulations provide the arithmetic rules and cross‑referencing but the underlying statutory duties come from the Act, the National Credit Act and the National Credit Regulations.

The Regulations, as provided, contain a few internal temporal markers that are relevant to amendment timing and to when particular figures became operative. The text itself does not supply an explicit chronology of legislative amendments or a schedule of prior versions. The following points are contained in the Regulations and are the only amendment‑history signals available in the instrument.

• Baseline effective date for amounts: Regulation 4(2) and regulation 5(1A) state that “the amount of the fee on or after 4 July 2018 is, subject to subregulations (3) to (5), the amount mentioned in the item.” That language establishes 4 July 2018 as the baseline date from which the amounts shown in the schedules apply, subject to subsequent alterations and indexation. Where fees are listed in the schedules without further modification, that is the payable amount on or after 4 July 2018.

• Indexation commencement date: Regulations 4(5) and 5(4) specify that “in the financial year starting on 1 July 2019, or a subsequent 1 July, the fee for an indexable matter is to be indexed in accordance with regulation 6 and rounded (if necessary) in accordance with regulation 7.” That sets the first indexation event at the financial year starting 1 July 2019 and indicates indexation is an ongoing annual mechanism thereafter.

• Indexation trigger and freeze rule: Regulation 6 contains the indexation mechanism and includes a freeze rule: if the “latest CPI number” is not greater than the “earlier CPI number”, the fee remains the immediately preceding applicable amount (reg 6(2)). This is important for amendment readers because it prevents downward revision of indexed fees when CPI falls or is unchanged, and it conditions any annual change on the relative movement in CPI numbers.

• Rules for CPI data substitutions and reference base changes: Regulation 6(3) instructs that if the Australian Statistician publishes a CPI number for a quarter in substitution for a previously published number, the later publication must be disregarded for purposes of calculating indexation; and further requires that if the Statistician changes the CPI reference base, only CPI numbers published using the new reference base are to be used after the change. Those are administrative update rules that preserve computation continuity where ABS publishing practices change.

• No other explicit amendment data in this extract: beyond the dates noted above (4 July 2018 and annual indexation starting 1 July 2019) the Regulations do not include a revision table, schedule of amendments, or explicit historical notes. They reference external instruments such as the National Credit Act, the National Credit Regulations and the Transitional Act, which themselves may have amendment histories, but that material is not repeated in these Regulations.

For a practitioner handling a fee dispute or reconciling fee invoices over time, the two operative dates to note in this instrument are 4 July 2018 (baseline for the listed amounts) and 1 July 2019 (start of the indexation regime). Any further changes to the schedule amounts or to the indexation mechanism would appear in subsequent amending instruments or consolidated versions; those are not contained in the text provided here.

The Regulations as supplied make no reference to litigation, judicial determinations, or tribunal decisions. There are no cases cited or discussed in the instrument. Accordingly:

• There is no litigation history recorded in these Regulations themselves.

• The text does not identify any judicial interpretation, case law, or contested application that would alter the meaning or application of the fees, the indexation rules, the rounding rule, or the Part 3 surcharges.

For users seeking to know whether any of these provisions have been interpreted by courts or tribunals, or whether there has been litigation about, for example, the application of the surcharge for late lodgment or the scope of the exemptions in reg 5(2), those materials are not present here. Any relevant litigation would need to be located in external case law databases or in decisions of courts and tribunals that have considered the Act or the National Credit Act.

Because the instrument cross‑references many procedural and administrative provisions in the National Credit Act and the related regulations, litigation history relevant to the application or enforcement of the fees may exist in relation to the underlying statutory duties. Those materials are outside the text of these Regulations and therefore outside the scope of this document.

This instrument contains a number of practical traps and non‑obvious application points. The following are concrete "gotchas" that arise directly from the Regulations’ text and structure. Each point cites the relevant provision(s).

• Indexation applies only to specific schedule parts and only where column 2 does not state “no fee”. The definition of “indexable matter” is not “all items” but is limited to the table in clause 2 of Schedule 1 (that is, Schedule 1 Part 2 registry fees) for Schedule 1 (reg 4(4)), and to the table in clause 1 of Schedule 2 for Schedule 2 (reg 5(3)). If an item shows “no fee” in column 2, it is not indexable. Do not assume a prescribed dollar amount in Schedule 1 Part 1 (specified fees) is indexable; the Regulations’ indexation reach is circumscribed.

• The indexation formula is applied only when the “latest CPI number” is greater than the “earlier CPI number” (reg 6(1)-(2)). If CPI is unchanged or has fallen, indexation does not reduce the fee; instead the fee is frozen at the immediately preceding applicable amount (reg 6(2)). This is a one‑way trigger that prevents downward adjustment in nominal terms.

• The Regulations do not reproduce payment, invoicing or collection mechanics. They prescribe amounts but not how ASIC or the administering authority will invoice, accept payment, or apply receipts against lodgement. Practitioners should not expect the Regulations to supply administrative detail; consult the Act or ASIC procedural guidance for those operational steps.

• Non‑electronic lodgement attracts a fixed surcharge. Schedule 1 Part 3 item 1 increases the fee specified in Part 1 or Part 2 by $25 if the chargeable matter is the lodgment of a document otherwise than electronically. That is an additive charge, so parties who submit paper documents should budget for the extra $25 in addition to the base fee.

• Late lodgements attract larger fixed surcharges with a tiered structure. Schedule 1 Part 3 item 2 adds $67 when a required document is lodged within one calendar month after the specified period. Part 3 item 3 adds $278 where the document is lodged one calendar month or more after the specified period. Part 3 item 4 instructs that where more than one item applies, they are to be applied in the order 1, 2 and 3. The late‑lodgement surcharges are therefore additive to the base fee and to the non‑electronic surcharge where applicable.

• Exemptions are narrow and precise. Regulation 5(2) exempts particular categories from Schedule 2 fees, but the list is explicit: Commonwealth entity or company acting on its own behalf, journalist, holder of a licence for a commercial broadcasting or television station, proprietor or publisher of a generally available newspaper (not subscription‑only), and inspection of a credit register that ASIC made available under subsection 214(2) of the National Credit Act. The exemptions do not extend beyond those categories. For example, a private researcher or a subscription newspaper proprietor who is not generally available to the public is not covered.

• Multiple entities in an extract incur separate fees. Schedule 2 item 1 states that if an extract includes particulars relating to more than one person or entity, a separate fee applies for each person or entity. Commercial users requesting bulk extracts need to multiply the unit fee by the number of entities included.

• Some common lodgements are “no fee” but are nonetheless chargeable matters under the National Credit Act. Several items in Schedule 1 Part 1 and Schedule 1 Part 2 are expressly “no fee” (for example, trust account statements and audits, certain notices under the regulations). That may surprise clients who assume every statutory lodgement attracts a fee; careful item mapping is essential.

• The indexation calculation requires tracking two CPI observations separated by two years. The “earlier CPI number” is the CPI for the March quarter two financial years before the relevant financial year begins, and the “latest CPI number” is the CPI for the last March quarter before the relevant financial year begins (reg 6(4)(b)-(c)). Practically, users must retain CPI values and identify which published numbers are relevant to the specific financial year’s indexation step.

• Rounding might change small cent amounts into a dollar difference. After indexation, rounding under reg 7 will move any cents at or above 50c up to the next dollar and below 50c down. For multiple transactions this rounding can aggregate into a non‑trivial difference.

• The Regulations refer to production by ASIC under subpoena in Schedule 1 Part 2 item 6 ($117) and to production in Schedule 2. The fees for ASIC production and for inspection differ; do not conflate the two.

• There is no schedule item prescribing a fee for payment default or late fee interest. Plan to rely on the Act or administrative practice to see how outstanding fees will be enforced or recovered.

These are practical traps that can create unexpected cost exposures or compliance missteps unless the practitioner explicitly maps the client’s activity to the correct Schedule item and then applies the Part 3 and indexation rules.

Compliance with these Regulations is largely a process of correct mapping and arithmetic. Below is a step‑by‑step checklist, with the statutory touchpoints to consult in each step. Each step is grounded in the Regulations’ text: reg 4-7 and the Schedules.

1. Identify the chargeable matter precisely.

   • Read the underlying statutory provision that triggers the fee (for example s 36(1) National Credit Act for licence applications, or the specific paragraph of the National Credit Regulations for address notifications).
   • Map that statutory trigger to the exact Schedule and item in these Regulations (Schedule 1 Part 1 for specified fees; Schedule 1 Part 2 or Schedule 2 Part 1 for registry fees). See reg 4(1) and reg 5(1).

2. Confirm whether the schedule item shows a dollar amount or “no fee”.

   • If the schedule item says “no fee”, there is no prescribed fee under these Regulations for that chargeable matter. If a dollar amount appears, that is the base fee as of 4 July 2018 unless altered or indexed (reg 4(2); reg 5(1A)).

3. Determine if the matter is indexable.

   • For Schedule 1: an indexable matter is a matter in the table in clause 2 of Schedule 1 (that is, the Part 2 registry fees table), unless column 2 for that item says “no fee” (reg 4(4)). For Schedule 2: indexable matters are items in the table in clause 1 of Schedule 2, unless column 2 says “no fee” (reg 5(3)).
   • If indexation applies, the fee for the financial year starting 1 July 2019 (and each subsequent 1 July) must be determined using regulation 6, provided the CPI trigger is met.

4. If indexation is relevant, compute the indexed amount using regulation 6.

   • Regulation 6(1) instructs that where the “latest CPI number” exceeds the “earlier CPI number” the fee is “the amount worked out using the formula” in reg 6(1). The definitions of “earlier CPI number”, “latest CPI number” and “previous indexable amount” are in reg 6(4)(b)-(d).
   • If the latest CPI number is not greater than the earlier CPI number, the applicable fee is the fee that would have been applicable immediately before that 1 July (reg 6(2)). Maintain records of the CPI numbers used because regulation 6(3) addresses substituted CPI publications and reference base changes.

5. Check whether any Part 3 alterations (Schedule 1 Part 3) apply and apply them in order.

   • If the lodgment is not electronic, add $25 (Schedule 1 Part 3 item 1).
   • If a document required to be lodged within a particular period is lodged within one calendar month after that period, add $67 (Schedule 1 Part 3 item 2).
   • If it is lodged one calendar month or more after the period, add $278 (Schedule 1 Part 3 item 3).
   • If more than one item applies, apply items in order 1, 2, 3 as per Schedule 1 Part 3 item 4.

6. Round the final fee in accordance with regulation 7.

   • Where the computed amount contains cents, round up to the nearest dollar if cents are at least 50, otherwise round down (reg 7).

7. Apply available exemptions.

   • Before presenting an invoice or arranging payment, check reg 5(2) to see if the request is exempt from Schedule 2 fees (for example, if the request is made by a journalist or by a Commonwealth entity acting on its own behalf).
   • For extracts that include multiple persons or entities, apply Schedule 2 item 1’s rule that a separate fee is chargeable for each person or entity.

8. Prepare and retain calculation evidence.

   • Keep a record of which schedule item was used, whether the item was indexable, the CPI numbers relied upon, any Part 3 surcharges applied and the rounding that produced the final amount. Regulation 6(4) defines the CPI terms practitioners must use.

9. Anticipate likely administrative follow‑up.

   • The Regulations do not set out payment channels or consequences of non‑payment. Before advising a client, consult the Act and ASIC guidance for procedures for submitting payment, when payment is due relative to lodgement, and what consequences follow for non‑payment.

10. Practical examples and checks (illustrative).

• Example check A: an entity lodges a licence application under s 36(1) and is a non‑individual seeking a credit provider licence. Map to Schedule 1 Part 1 item 1(d) ($4,624), then check if any Part 3 surcharges apply (is the filing electronic; was it late). Do not index unless the item is indexable (it is not in Schedule 1 Part 2 unless separately listed there).
• Example check B: a user requests an extract under s 214(1) from ASIC that relates to a single licensee. Map to Schedule 2 item 1 ($10), determine if the extract falls within an exemption under reg 5(2) (for example, is the requester a journalist?), and if indexation applies. If the extract contains particulars for two licensees, budget $20.

11. Coordinate with internal client workflows.

• Ensure that clients who previously submitted paper filings are aware of the $25 surcharge and that filing deadlines are monitored to avoid the $67/$278 surcharges.

12. Where in doubt, map conservatively and document rationale.

• The schedules are itemised and specific. If an action could fall within more than one item, record the mapping rationale and, where appropriate, engage ASIC or legal counsel for confirmation.

Following the steps above will ensure an accurate calculation of the prescribed fee under the Regulations and reduce the risk of surprise surcharges or missed exemptions. The Regulations supply the arithmetic and the rules; compliance is achieved by careful mapping to the right item, accurate CPI referencing where indexation applies, and observance of the Part 3 alteration rules and rounding.