Co-operative Housing and Starr-Bowkett Societies Act 1998 - Co-operative Housing and Starr-Bowkett Societies Amendment (Fees and Miscellaneous Matters) Regulation 2001 (2001-612) [GG No 122 of 10.8.2001, p 5867] (NSW)
2001 No 612
| Co-operative Housing and | New South Wales |
Starr-Bowkett Societies Amendment
(Fees and Miscellaneous Matters)
Regulation 2001
under the
Co-operative Housing and Starr-Bowkett Societies Act 1998
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Co-operative Housing and Starr-Bowkett Societies Act 1998.
JOHN WATKINS, M.P., Minister for Fair Trading
Explanatory note
The object of this Regulation is to amend the Co-operative Housing and
Starr-Bowkett Societies Regulation 2000:
| (a) | to provide for additional fees to be paid in connection with the administration of the Co-operative Housing and Starr-Bowkett Societies Act 1998, including fees for lodgment of any documents under that Act and additional fees for late lodgment of any documents under that Act, and consequentially to provide a definition and to repeal clause 9 (Fees for inspection of documents) of the Regulation, and | |
| (b) | to provide for the Registrar (a position whose functions are performed by the Director-General of the Department of Fair Trading) to waive, reduce or refund any fee payable by a co-operative housing body where, in the opinion of the Registrar: | |
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| Published in Gazette No 122 of 10 August 2001, page 5867 | Page 1 | |
| [12] | ||
| 2001 No 612 | ||
| Co-operative Housing and Starr-Bowkett Societies Amendment (Fees and Miscellaneous Matters) Regulation 2001 | ||
| Explanatory note |
(ii) there are special circumstances that satisfy the Registrar that it would be expedient to waive, reduce or refund the fee, and
| (c) | to provide that an association listed at the end of clause 5 of Schedule 5 to the Act must, within 5 months and 28 days after the close of each financial year for the association, provide the Registrar with an annual report as set out in Form 1 of Schedule 7 to the Co-operatives Regulation 1997, and |
| (d) | to provide for the replacement of the terms profit and loss account and balance sheet with the terms statement of financial performance and statement of financial position, respectively, so as to update the terminology used in the Regulation with terms used in Australian Accounting Standards AAS 1 (Statement of Financial Performance) and AAS 36 (Statement of Financial Position). |
This Regulation is made under the Co-operative Housing and Starr-Bowkett Societies Act 1998, including section 225 (the general regulation-making power).
2001 No 612
| Co-operative Housing and Starr-Bowkett Societies Amendment (Fees and | Clause 1 |
| Miscellaneous Matters) Regulation 2001 |
Co-operative Housing and Starr-Bowkett Societies
Amendment (Fees and Miscellaneous Matters)
Regulation 2001
Name of Regulation
This Regulation is the Co-operative Housing and Starr-Bowkett Societies Amendment (Fees and Miscellaneous Matters) Regulation 2001.
2 Commencement
This Regulation commences on 10 August 2001.
3 Amendment of Co-operative Housing and Starr-Bowkett Societies Regulation 2000
The Co-operative Housing and Starr-Bowkett Societies
Regulation 2000 is amended as set out in Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
2001 No 612
Co-operative Housing and Starr-Bowkett Societies Amendment (Fees and
Miscellaneous Matters) Regulation 2001
| Schedule 1 | Amendments |
| Schedule 1 | Amendments |
(Clause 3)
Clause 9 Fees for inspection of documents
Omit the clause.
Clause 27 Annual returns: secs 148 and 190
Insert after clause 27 (3):
(4) An association listed at the end of clause 5 of Schedule 5 to the Act must, within 5 months and 28 days after the close of each financial year for the association, provide the Registrar with an annual report as set out in Form 1 of Schedule 7 to the Co-operatives Regulation 1997.
Clauses 28A and 28B
Insert before clause 28:
28A Fees
(1)
The fees to be paid in connection with the administration of the Act, including fees for the lodgment of any documents and additional fees for late lodgment of any documents under the Act, are set out in Schedule 2.
(2) In Schedule 2:
the 1998 Act means the Co-operative Housing and Starr-
Bowkett Societies Act 1998.
28B Waiver, reduction or refund of fees The Registrar may waive, reduce or refund any fee payable by a co-operative housing body under the Act or this Regulation if, in the opinion of the Registrar:
(a)
the body is constituted primarily for a charitable purpose, or
2001 No 612
Co-operative Housing and Starr-Bowkett Societies Amendment (Fees and
Miscellaneous Matters) Regulation 2001
| Amendments | Schedule 1 |
(b) the body is constituted primarily for the purpose of advancing the welfare of a class of disadvantaged persons, or (c) there are special circumstances that satisfy the Registrar that it would be expedient to waive, reduce or refund the fee.
Schedule 1 Forms
Omit “Profit and loss account for the year ended” from Form 5 (Annual
return—Starr-Bowkett Society).
Insert instead “Statement of financial performance for the year ended”.
Schedule 1, Form 5
Omit “Management account”. Insert instead “Management Account”.
Schedule 1, Form 5
Omit “Interest account”. Insert instead “Interest Account”.
Schedule 1, Form 5
Omit “Balance sheet as at” from Form 5.
Insert instead “Statement of financial position as at”.
Schedule 1, Form 5
Omit “Profit and loss account—Surplus”.
Insert instead “Statement of financial performance—Surplus”.
Schedule 1, Form 6 (Annual return—Co-operative Housing Society)
Omit “balance sheet and notes”.
Insert instead “statement of financial position and notes”.
Schedule 1, Form 6
Omit “1 Management Account for the year ended”.
Insert instead “Statement of financial performance for the year ended”.
2001 No 612
Co-operative Housing and Starr-Bowkett Societies Amendment (Fees and
Miscellaneous Matters) Regulation 2001
| Schedule 1 | Amendments |
Schedule 1, Form 6
Insert “Part 1 Management Account” under the heading of “Statement of financial performance for the year ended” as inserted by item [11].
Schedule 1, Form 6
Omit “Balance Sheet and the Notes” wherever occurring.
Insert instead “Statement of financial position and the Notes”.
Schedule 1, Form 6
Omit “2 Interest Account for the year ended . . . . . . . . . . . . . . . . . . ”.
(final day of financial year)
Insert instead “Part 2 Interest Account”.
Schedule 1, Form 6
Omit “3 Balance sheet as at”.
Insert instead “Statement of financial position as at”.
Schedule 1, Form 6
Omit “Balance Sheet is”. Insert instead “Statement of financial position is”.
Schedule 1, Form 6
Omit “4 Notes”. Insert instead “Notes”.
Schedule 1, Form 6
Renumber items 4.1–4.19 as items 1–19, respectively.
2001 No 612
Co-operative Housing and Starr-Bowkett Societies Amendment (Fees and
Miscellaneous Matters) Regulation 2001
| Amendments | Schedule 1 |
Schedule 2
Omit the Schedule. Insert instead:
Schedule 2 Fees (Clause 28A)
Section of Type of fee Amount 1998 Act 23 (1) (a) Inspection of prescribed document $10 23 (1) (b) Certified copy of prescribed document $22 and $2 for each
page after the first
page to a maximum
of $4125
Application for extension or abridgement of time within which anything is required to be done under the 1998 Act
$54
50 (1) Application to Registrar for registration of proposed co-operative housing society or Starr-Bowkett society $160 67 Registration of alteration of society’s rules
$11 per rule to a maximum of $70
80 (2) Application for issue of amended certificate of incorporation or new certificate resulting from change of name of co-operative housing body $27 80 (4)
Application for approval of use by co- operative housing body of name other than registered name
$27
84 (3)
Application by person or body (other than co-operative housing body) for exemption to use words co-operative
housing society or Starr-Bowkett, or other words, abbreviations or symbols with similar meaning
$266
2001 No 612
Co-operative Housing and Starr-Bowkett Societies Amendment (Fees and
Miscellaneous Matters) Regulation 2001
| Schedule 1 | Amendments |
Section of Type of fee Amount 1998 Act 88
Application of the following sections of the Corporations Act in accordance with section 88 of the 1998 Act:
Section 263 (1):
Lodgment of:
(a) notice of charge $54 (b) copy of resolution, where it is only evidence of charge $54 (c) instrument, where charge was created or evidenced by the instrument $54 Section 264 (1):
Lodgment of:
(a) notice of acquisition of property
subject to charge $54 (b) copy of resolution, where it is only
evidence of charge $54 (c) instrument, where charge was created or evidenced by the
instrument $54
Section 265 (5) (b):
Application to Registrar for extension of time to lodge certificate to effect that all documents accompanying notice
required under section 263 or 264 have
been duly stamped $54 Section 268 (1): Lodgment of notice of assignment of charge $54 Section 268 (2): Lodgment of notice of variation of terms of charge $54 Section 269 (2): Lodgment of memorandum acknowledging satisfaction of, and release of property from, charges $54
115 (7) Lodgment of special resolution for
registration $10
2001 No 612
Co-operative Housing and Starr-Bowkett Societies Amendment (Fees and
Miscellaneous Matters) Regulation 2001
| Amendments | Schedule 1 |
Section of Type of fee Amount 1998 Act 117 (3) Application for consent of Registrar for society to keep all or any registers at office other than registered office $27 148 (1) Lodgment of returns:
(a) on or before the due date Nil (b) more than 1 day but less than 28 days after the due date $79 (c) 28 days or more after the due date $160
149 (1)
Application for order for relief from certain specified requirements as to accounts or audit
$214
152
Application for certification by Registrar that co-operative housing societies are of same type for purpose of proposed
merger or transfer of engagements $54 153 (1) Application for merger of, or transfer of engagements by, co-operative housing societies $54 153 (2) Application for determination by Registrar that co-operative housing societies’ boards may approve of proposed merger or transfer of engagements $54 153 (3) Application for approval by Registrar of statement to be sent to members specifying details of proposed merger or transfer of engagements $214 153 (5) Application to Registrar seeking exemption from requirement to send statement under section 153 (3) of the 1998 Act $54 173
Application of the following sections of the Corporations Act in accordance with section 173 of the 1998 Act:
Section 411 (2) (a): Application to Registrar for permission to lesser period of notice of hearing of application under section 411 (1) or (1A) $54
2001 No 612
Co-operative Housing and Starr-Bowkett Societies Amendment (Fees and
Miscellaneous Matters) Regulation 2001
| Schedule 1 | Amendments |
Section of Type of fee Amount 1998 Act Section 411 (2) (b): Examination by Registrar of terms of proposed compromise or arrangement to which application relates and draft explanatory statement relating to proposed compromise or arrangement $533 Section 411 (7): Application to Registrar for direction that section 411 (7) (f) does not apply in relation to appointment of person to administer compromise or arrangement
$214
Section 413 (3): Lodgment of office copy of order made under section 413 $27 Additional fee for late lodgment of copy of order $54 174
Application of the following sections of the Corporations Act in accordance with section 174 of the 1998 Act:
Section 418 (1): Application to Registrar for direction that section 418 (1) (f) does not apply in relation to appointment of person as receiver of property of corporation
$214
Section 421A (2):
Lodgment of managing controller’s
report about corporation’s affairs:
(a) on or before the due date Nil (b) more than 1 day but less than 28 days after the due date $79
(c) 28 days or more after the due date Section 421A (3):
$160
Inspection of managing controller’s report at Registrar’s office $10 Section 427 (1) (a): Lodgment of notice of order of appointment of receiver Nil Additional fee for late lodgment $27
2001 No 612
Co-operative Housing and Starr-Bowkett Societies Amendment (Fees and
Miscellaneous Matters) Regulation 2001
| Amendments | Schedule 1 |
Section of Type of fee Amount 1998 Act Section 427 (1A) (a): Lodgment of notice of appointment of controller of property of corporation Nil Additional fee for late lodgment $27 Section 427 (1B) (a): Lodgment of notice that controller has entered into possession or taken control Nil Additional fee for late lodgment $27 Section 427 (2): Lodgment of notice of address of controller Nil Additional fee for late lodgment $27 Section 427 (3): Lodgment of notice of change in situation of controller’s office Nil Additional fee for late lodgment $27 Section 427 (4) (a): Lodgment of notice of cessation as controller Nil Additional fee for late lodgment $27 Section 429 (2) (c): Lodgment by controller of reporting officers’ report about corporation’s affairs and notice setting out comments
(if any) by controller relating to report Nil Additional fee for late lodgment $27 Section 432 (1):
Lodgment of controller’s accounts:
(a) on or before the due date Nil (b) more than 1 day but less than 28 days after the due date $79 (c) 28 days or more after the due date $160
177 Application to Registrar to exercise
powers conferred by Part 5A.1 of the Corporations Act in accordance with section 177 of the 1998 Act
$54
2001 No 612
Co-operative Housing and Starr-Bowkett Societies Amendment (Fees and
Miscellaneous Matters) Regulation 2001
| Schedule 1 | Amendments |
Section of Type of fee Amount 1998 Act 184 (1) Application for registration of two or more bodies to form association $160 — Lodgment of any other document under the 1998 Act Nil Additional fee for late lodgment $27
Schedule 3 Prescribed information relating to proposed compromise or arrangement
Omit “balance sheet” from clause 3 (2) (g).
Insert instead “Statement of financial position”.
Schedule 3, clause 3 (3)
Insert “referred to in subclause (1)” after “statement”.
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