The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Financial Markets Authority.

Pursuant to section 67(1) of the Financial Markets Authority Act 2011, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Financial Markets Authority (Fees) Regulations 2011.

2 Commencement

These regulations come into force on 1 October 2011.

Fees payable in respect of Financial Markets Supervisors Act 2011 matters

Heading: amended, on 17 December 2015, by regulation 4 of the Financial Markets Authority (Fees) Amendment Regulations 2015 (LI 2015/283).

3 Fee payable on application for supervisor licence

(1)

The fee payable on an application for a licence under section 15(1)(a) of the Financial Markets Supervisors Act 2011 is $8,021.25 plus the fee charged on the hourly basis specified in subclause (1A).

(1A)

The fee referred to in subclause (1), charged on the hourly basis specified in this subclause,—

(a)

is only payable if—

(i)

the total number of hours and part-hours of work carried out in respect of the application by members and employees of the FMA exceeds 52 (the specified number); and

(ii)

the FMA has notified the applicant, in writing, that the fee will or may be payable and given the reasons why the number of hours of work carried out on the application has exceeded, or is likely to exceed, the specified number; and

(b)

is only payable for hours or part-hours of work (in excess of the specified number) carried out by the persons referred to in the table of hourly rates; and

(c)

must be determined as follows for each hour or, on a proportional basis, part-hour (in excess of the specified number) of such work carried out after the FMA has notified the applicant in accordance with paragraph (a)(ii):

Table of hourly rates
Category		Fee
(i)	For each hour of work carried out by a member of the FMA	$230.00
(ii)	For each hour of work carried out by an employee of the FMA who is qualified in accountancy, auditing, business, commerce, economics, or law	$178.25
(iii)	For each hour of work carried out by an employee of the FMA who the FMA is satisfied has a professional level of skills, training, or experience in matters of the kind to which the application relates	$178.25

(1B)

The fee in this regulation—

(a)

is payable by the applicant to the FMA; and

(b)

as to the amount of $8,021.25, must accompany the application; and

(c)

as to any amount payable on the hourly basis specified in subclause (1A), is payable on an invoice issued by, or on behalf of, the FMA and within the time frame specified in that invoice.

(2)

To avoid doubt, this fee is also payable on an application for a new licence in advance of, or in the event of, the expiry of a licence.

(3)

For the purposes of this regulation and regulations 4, 5, and 5A, individuals working for the FMA as contractors or secondees must be treated as if they are employees of the FMA.

Regulation 3 heading: amended, on 17 December 2015, by regulation 5(1) of the Financial Markets Authority (Fees) Amendment Regulations 2015 (LI 2015/283).

Regulation 3(1): amended, on 17 December 2015, by regulation 5(2) of the Financial Markets Authority (Fees) Amendment Regulations 2015 (LI 2015/283).

Regulation 3(1): amended, on 1 April 2014, by regulation 6(1) of the Financial Markets Conduct (Changes to Financial Markets Authority Fees) Regulations 2014 (LI 2014/111).

Regulation 3(1A): inserted, on 1 April 2014, by regulation 6(2) of the Financial Markets Conduct (Changes to Financial Markets Authority Fees) Regulations 2014 (LI 2014/111).

Regulation 3(1B): inserted, on 1 April 2014, by regulation 6(2) of the Financial Markets Conduct (Changes to Financial Markets Authority Fees) Regulations 2014 (LI 2014/111).

Regulation 3(3): inserted, on 17 December 2015, by regulation 5(3) of the Financial Markets Authority (Fees) Amendment Regulations 2015 (LI 2015/283).

Regulation 3(3): amended, on 1 July 2026, by regulation 4 of the Financial Markets Authority (Fees) Amendment Regulations 2026 (SL 2026/177).

4 Fee payable on application for variation of supervisor licence

(1)

The fee payable on an application to vary a licence under section 15(1)(b) of the Financial Markets Supervisors Act 2011 is $115 plus a fee calculated at the hourly rates set out in the table in regulation 3(1A)(c) for each hour or, on a proportional basis, part-hour of work carried out in respect of the application by the persons referred to in that table.

(2)

The fee in this regulation—

(a)

is payable by the applicant to the FMA; and

(b)

as to the amount of $115, must accompany the application; and

(c)

as to the fee calculated at the hourly rates set out in the table in regulation 3(1A)(c), is payable on an invoice issued by, or on behalf of, the FMA and within the time frame specified in that invoice.

Regulation 4 heading: amended, on 17 December 2015, by regulation 6(1) of the Financial Markets Authority (Fees) Amendment Regulations 2015 (LI 2015/283).

Regulation 4(1): amended, on 17 December 2015, by regulation 6(2) of the Financial Markets Authority (Fees) Amendment Regulations 2015 (LI 2015/283).

Regulation 4(1): amended, on 1 April 2014, by regulation 7(1) of the Financial Markets Conduct (Changes to Financial Markets Authority Fees) Regulations 2014 (LI 2014/111).

Regulation 4(2): inserted, on 1 April 2014, by regulation 7(2) of the Financial Markets Conduct (Changes to Financial Markets Authority Fees) Regulations 2014 (LI 2014/111).

Fees payable in respect of Financial Markets Authority (Levies) Regulations 2012

Heading: inserted, on 1 August 2012, by regulation 6 of the Financial Markets Authority (Fees) Amendment Regulations 2012 (SR 2012/120).

5 Fees payable for request to waive levy

(1)

This regulation applies to a request for a waiver of a levy under regulation 14 of the Financial Markets Authority (Levies) Regulations 2012.

(2)

The fee payable on the request is $115, which must accompany the request.

(3)

The FMA may also require the person who makes the request to pay to the FMA—

(a)

a fee calculated at the hourly rates set out in the table in regulation 3(1A)(c) for each hour or, on a proportional basis, part-hour of work carried out in connection with the request by the persons referred to in that table; and

(b)

the costs incurred by the FMA in—

(i)

obtaining expert advice or expert assistance in connection with the request; and

(ii)

if the FMA decides to grant the request, notifying the decision in the Gazette under regulation 14 of the Financial Markets Authority (Levies) Regulations 2012.

(4)

Any fee or costs required to be paid under subclause (3) are payable on an invoice issued by or on behalf of the FMA and within the time frame specified in that invoice.

Regulation 5: replaced, on 1 August 2012, by regulation 6 of the Financial Markets Authority (Fees) Amendment Regulations 2012 (SR 2012/120).

Regulation 5(2): amended, on 1 April 2014, by regulation 8(1) of the Financial Markets Conduct (Changes to Financial Markets Authority Fees) Regulations 2014 (LI 2014/111).

Regulation 5(3)(a): replaced, on 1 April 2014, by regulation 8(2) of the Financial Markets Conduct (Changes to Financial Markets Authority Fees) Regulations 2014 (LI 2014/111).

Regulation 5(4): inserted, on 1 April 2014, by regulation 8(3) of the Financial Markets Conduct (Changes to Financial Markets Authority Fees) Regulations 2014 (LI 2014/111).

Fees payable in respect of Credit Contracts and Consumer Finance Act 2003

Heading: inserted, on 1 July 2026, by regulation 5 of the Financial Markets Authority (Fees) Amendment Regulations 2026 (SL 2026/177).

5A Fee payable on application for exemption or declaration

(1)

This regulation applies to the following applications:

(a)

an application for the FMA to make a declaration under section 138A of the Credit Contracts and Consumer Finance Act 2003:

(b)

an application for the FMA to grant an exemption under section 138F of that Act.

(2)

The fee payable on an application is $115 plus a fee calculated at the hourly rates set out in the table in regulation 3(1A)(c) for each hour or, on a proportional basis, part-hour of work carried out in connection with the application by the persons referred to in that table.

(3)

The fee in this regulation—

(a)

is payable by the person who makes the application to the FMA; and

(b)

as to the amount of $115, must accompany the application; and

(c)

Regulation 5A: inserted, on 1 July 2026, by regulation 5 of the Financial Markets Authority (Fees) Amendment Regulations 2026 (SL 2026/177).

GST

Heading: inserted, on 1 August 2012, by regulation 6 of the Financial Markets Authority (Fees) Amendment Regulations 2012 (SR 2012/120).

6 Fees inclusive of GST

The fees prescribed by these regulations are inclusive of goods and services tax.

Regulation 6: inserted, on 1 August 2012, by regulation 6 of the Financial Markets Authority (Fees) Amendment Regulations 2012 (SR 2012/120).

Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 25 August 2011.

Notes

1 General

This is a consolidation of the Financial Markets Authority (Fees) Regulations 2011 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Financial Markets Authority (Fees) Amendment Regulations 2026 (SL 2026/177)

Financial Markets Authority (Fees) Amendment Regulations 2015 (LI 2015/283)

Financial Markets Conduct (Changes to Financial Markets Authority Fees) Regulations 2014 (LI 2014/111): Part 2

Financial Markets Authority (Fees) Amendment Regulations 2012 (SR 2012/120)

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Financial Markets Authority (Fees) Regulations 2011