Associations Incorporation Amendment (Fees) Regulation 2011 (NSW)

2011 No 242

New South Wales

Associations Incorporation

Amendment (Fees) Regulation 2011

under the

Associations Incorporation Act 2009

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Associations Incorporation Act 2009.

ANTHONY ROBERTS, MP

Minister for Fair Trading

Explanatory note
The object of this Regulation is to increase certain fees payable in connection with the
administration of the Associations Incorporation Act 2009.
The fee increases are generally in line with movements in the Consumer Price Index (rounded
to the nearest dollar).
This Regulation is made under the Associations Incorporation Act 2009, including sections
6 (3) (i), 10 (3) (d), 15 (2) (c), 31 (3), 45 (2) (b), 49 (2) (b), 78 (3) (e), 98 (2) and 107 (the

general regulation-making power) and, in particular, section 107 (1) (b) and (c).

Published LW 27 May 2011	Page 1
2011 No 242
Clause 1	Associations Incorporation Amendment (Fees) Regulation 2011

Associations Incorporation Amendment (Fees)

Regulation 2011

under the

Associations Incorporation Act 2009

1      Name of Regulation

This Regulation is the Associations Incorporation Amendment (Fees)
Regulation 2011.

2      Commencement

This Regulation commences on 1 July 2011 and is required to be published on the NSW legislation website.

2011 No 242

Associations Incorporation Amendment (Fees) Regulation 2011

Amendment of Associations Incorporation Regulation 2010	Schedule 1
Schedule 1	Amendment of Associations Incorporation Regulation 2010

Schedule 5

Omit the Schedule. Insert instead:

Schedule 5 Fees

(Clause 17)

Column 1 Column 2

Item	Matter for which fee payable	Fee
1	Application for registration of an association (section 6 (3) (i)	$114
of the Act)
2	Application for approval of change of association’s name	$55
(section 10 (3) (d) of the Act)
3	Application for approval of change of association’s objects or	$42
constitution (section 10 (3) (d) of the Act)
4	Application for reservation of name (section 15 (2) (c) of the	$44
Act)
5	Issue of replacement certificate of incorporation where	$37
Director-General is satisfied that the original was lost or destroyed
6*	Maximum fee for inspection by any member of an association	$5
of the book recording disclosure of interest by a committee member (section 31 (3) of the Act)
7	Application for further time within which to hold AGM	$27
(section 37 (2) of the Act)
8	Application for specification by Director-General as to the	$37
manner in which a special resolution may be passed (section 39 (1) (c) of the Act)
9	Application for further time in which to lodge an annual	$27
statement (section 45 (2) (a) of the Act)
10	Lodgment of summary of Tier 1 association’s financial affairs	$49
for the previous financial year, financial statements, auditor’s report and a copy of any resolution passed at the association’s AGM in connection with those documents (section 45 (2) (b) of the Act)

2011 No 242

Associations Incorporation Amendment (Fees) Regulation 2011

Schedule 1 Amendment of Associations Incorporation Regulation 2010

Column 1 Column 2

Item	Matter for which fee payable	Fee
11	Additional fee for late payment of prescribed fee for lodgment of documents pursuant to section 45 (2) (b) of the Act:

(a)	if the documents are lodged after the due date for	$23
lodgment, but less than 1 month after the due date
(b)	if the documents are lodged 1 or more months after the	$30
due date

12	Application for further time in which to lodge a financial	$27
summary (section 49 (2) (a) of the Act)
13	Lodgment of summary of Tier 2 association’s financial affairs	$49
for the previous financial year (section 49 (2) (b) of the Act)
14	Additional fee for late payment of prescribed fee for lodgment of summary of the association’s financial affairs pursuant to section 49 (2) (b) of the Act:

(a)	if the summary is lodged after the due date for	$23
lodgment, but less than 1 month after the due date
(b)	if the summary is lodged 1 or more months after the due	$30
date

15	Approval for person who is otherwise not qualified to carry out	$27
audit (section 52 (1) (b) or 52 (2) of the Act)
16	Approval for an exemption from requirement to prepare or	$37
audit financial statements (section 53 of the Act)
17	Application for transfer of registration declaration in relation	$55
to an association’s proposed registration under a corresponding law (section 78 (3) (e) of the Act)
18	Inspection of any document that has been lodged with the	$18
Director-General under the Act, not being a document that has been destroyed or otherwise disposed of (section 98 (2) of the Act)
19	Issue of uncertified copy of, or extract from, document lodged with the Director-General (section 98 (2) of the Act):

(a)

if a fee has been paid for inspection of the document:

(i)	for the first page	Nil
(ii)	for each additional page	$1

2011 No 242

Associations Incorporation Amendment (Fees) Regulation 2011

Amendment of Associations Incorporation Regulation 2010 Schedule 1

Column 1 Column 2

Item Matter for which fee payable Fee

(b)

if a fee has not been paid for inspection of the document:

(i)	for the first page	$18
(ii)	for each additional page	$1

20          Issue of certified copy of, or extract from, document lodged with the Director-General (section 98 (2) of the Act):

(a)	for the first page	$19
(b)	for each additional page	$2

21

Issue of extract from computerised record forming part of the $18

register (section 98 (2) of the Act)

22	Issue of certificate by Director-General stating registration $37
status, registered name, official address and terms of constitution (section 100 (a), (b), (d) and (e) of the Act)
23	Issue of certificate by Director-General specifying compliance $74

with certain provisions of the Act (section 100 (c) of the Act)

24	Application for approval to serve documents on association in $27
such other manner as the Director-General may direct (section 101 of the Act)
25	Additional fees payable for late payment of any prescribed fee $23

not otherwise specified

26	Issue of certificate by Director-General to the effect that an $37
association or other body is a former association of an incorporated association (clause 3 (2) of Schedule 2 to the Act)

* Fee payable to the association.