Overview
Late fees are applied based on when a document is lodged, not whether it is ultimately needed.
If the Document Was Not Lodged
There is no late fee payable.
- Any late fee shown in the Documents screen in CAS 360 is only an estimate
- This amount reflects what would be charged if the document were lodged late
If the Document Was Lodged Late
A late fee is incurred at the time of lodgement and remains payable.
- Withdrawing the document using ASIC Form 106 (Request to withdraw a lodged document):
- Does not cancel the late fee
- Does not reverse the late lodgement
Why the Late Fee Still Applies
Once a document is lodged after its due date:
- The late fee becomes a legal liability
- Replacing or withdrawing the document does not change the original lodgement timing
- There is no fee to lodge Form 106, but it does not affect penalties already applied
When Can a Late Fee Be Waived?
ASIC will only consider waiving a late fee in exceptional circumstances.
Examples include:
- ASIC processing delays
- Natural disasters (e.g. floods or fires)
- Serious and unexpected illness or incapacity of a key officer
- Verified cyber incidents
Supporting evidence is required in all cases.
What Should You Do If a Late Fee Has Been Charged?
- Do not pay the fee immediately if you intend to request a waiver
- Submit a “Request to review a late fee” directly through ASIC
- Provide clear supporting documentation explaining the delay
Important:
If the late fee has already been paid, ASIC will generally not refund or waive the fee.
For more information, see the ASIC Website.