Ask ASIC to review a late fee

You can apply online for a late fee waiver (cancellation) from ASIC, but only in specific situations. We cannot waive a fee over the phone.

Before you start

ASIC may consider waiving a late fee if the amount is owing, and if ASIC is satisfied that there are exceptional circumstances justifying the waiver. Please do not pay the late fee that you are requesting to be waived. ASIC cannot waive a late fee that has already been paid.

Please do not pay a late fee if: 

• you intend to request a waiver of that amount, or
• you have requested us to waive that amount and you are awaiting the outcome.

You can only apply for a late fee waiver when the circumstances were beyond the control of you and any representatives involved. You need to provide evidence to support this.

Some circumstances in which we will consider a late fee waiver are when:

• the delay was caused by ASIC (such as a processing delay)
• a court caused the delay (such as a court not issuing a signed copy of an order in time)
• a cyber or ransomware attack disrupted the business
• you lost or could not access business records because of an emergency or a natural disaster.

For emergencies and natural disasters, we may be able to help you in other ways as well.

Some examples of when ASIC will not waive a late fee are:

• the company's representative did not lodge documents on time without having one of the reasons listed above
• the company's representative did not send the annual statement
• you do not have enough money to pay.

ASIC do not have delegation under the Public Governance, Performance and Accountability Act 2013 to assess a waiver of fees for a non-company debtor (i.e. registered company auditor, registered liquidator, individual licensee).

If you believe special circumstances exist, you may wish to consider applying to the Department of Finance for a Waiver of Debt. Please visit the Department of Finance website for further information.

Steps to ask for a late fee waiver