Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2004 (NSW)

2004 No 351

New South Wales

Co-operative Housing and Starr-

Bowkett Societies Amendment (Fees)

Regulation 2004

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.

REBA PAIGE MEAGHER, M.P.,

Minister for Fair Trading

Explanatory note
The object of this Regulation is to increase certain fees payable in connection with the administration of the Co-operative Housing and Starr-Bowkett Societies Act 1998. The fee increases are in line with movements in the Consumer Price Index.
This Regulation is made under the Co-operative Housing and Starr-Bowkett Societies

Act 1998, including section 225 (the general regulation-making power).

Published in Gazette No 104 of 25 June 2004, page 4451	Page 1
2004 No 351	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)
Clause 1	Regulation 2004

Co-operative Housing and Starr-Bowkett Societies

Amendment (Fees) Regulation 2004

under the

Co-operative Housing and Starr-Bowkett Societies Act 1998

1      Name of Regulation

This Regulation is the Co-operative Housing and Starr-Bowkett

Societies Amendment (Fees) Regulation 2004.

2 Commencement

This Regulation commences on 1 July 2004.

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.

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2004 No 351
Regulation 2004
Amendment	Schedule 1
Schedule 1 Amendment

(Clause 3)

Schedule 2

Omit the Schedule. Insert instead:

Schedule 2 Fees

(Clause 28A)

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
1998 Act
1	23 (1) (a)	Inspection of prescribed	$12
document
2	23 (1) (b)	Certified copy of prescribed	$12 and $2 for
document	each page after the first page to a maximum of $69
3	25	Application for extension or	$59
abridgement of time within which anything is required to be done under the 1998 Act
4	50 (1)	Application to Registrar for	$175
registration of proposed co-operative housing society or Starr-Bowkett society
5	67	Registration of alteration of	$12 per rule to a
society’s rules	maximum of $77
6	80 (2)	Application for issue of	$30
amended certificate of incorporation or new certificate resulting from change of name of co-operative housing body

2004 No 351	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2004
Schedule 1	Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
1998 Act
7	80 (4)	Application for approval of use	$30
by co-operative housing body of name other than registered name
8	84 (3)	Application by person or body	$292
(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
88	sections of the Corporations Act
Application of the following the 1998 Act:
9	Section 263 (1): Lodgment of:

(a)	notice of charge	$59
(b)	copy of resolution,	$59
where it is only evidence of charge
(c)	instrument, where charge	$59
was created or evidenced by the instrument

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2004 No 351
Regulation 2004
Amendment	Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
1998 Act
10	Section 264 (1): Lodgment of:

(a)	notice of acquisition of	$59
property subject to charge
(b)	copy of resolution,	$59
where it is only evidence of charge
(c)	instrument, where charge	$59
was created or evidenced by the instrument

11   Section 265 (5) (b):

Application to Registrar for $59

extension of time to lodge certificate to effect that all documents accompanying notice required under section

263 or 264 have been duly
stamped

12   Section 268 (1):

Lodgment of notice of $59

assignment of charge

13   Section 268 (2):

Lodgment of notice of variation $59

of terms of charge

2004 No 351	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2004
Schedule 1	Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
1998 Act
14	Section 269 (2):
Lodgment of memorandum	$59
acknowledging satisfaction of, and release of property from, charges
15	115 (7)	Lodgment of special resolution	$12
for registration
16	117 (3)	Application for consent of	$30
Registrar for society to keep all or any registers at office other than registered office
17	148 (1)	Lodgment of returns:

(a)	on or before the due date	Nil
(b)	more than 1 day but less	$87
than 28 days after the due date
(c)	28 days or more after the	$175
due date

18	149 (1)	Application for order for relief	$234
from certain specified requirements as to accounts or audit
19	152	Application for certification by	$59
Registrar that co-operative housing societies are of same type for purpose of proposed merger or transfer of engagements

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2004 No 351
Regulation 2004
Amendment	Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
1998 Act
20	153 (1)	Application for registration of	$59
merger of, or transfer of engagements by, co-operative housing societies
21	153 (2)	Application for determination	$59
by Registrar that co-operative housing societies’ boards may approve of proposed merger or transfer of engagements
22	153 (3)	Application for approval by	$234
Registrar of statement to be sent to members specifying details of proposed merger or transfer of engagements
23	153 (5)	Application to Registrar seeking	$59
exemption from requirement to send statement under section 153 (3) of the 1998 Act
173	Application of the following sections of the Corporations Act in accordance with section 173 of the 1998 Act:
24	Section 411 (2) (a):
Application to Registrar for	$59
permission to lesser period of notice of hearing of application under section 411 (1) or (1A)

2004 No 351	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2004
Schedule 1	Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
1998 Act
25	Section 411 (2) (b):
Examination by Registrar of	$583
terms of proposed compromise or arrangement to which application relates and draft explanatory statement relating to proposed compromise or arrangement
26	Section 411 (7):
Application to Registrar for	$234
direction that section 411 (7) (f) does not apply in relation to appointment of person to administer compromise or arrangement
27	Section 413 (3):
Lodgment of office copy of	$30
order made under section 413
Additional fee for late lodgment	$59
of copy of order
174	Application of the following sections of the Corporations Act in accordance with section 174 of the 1998 Act:

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2004 No 351
Regulation 2004
Amendment	Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
1998 Act
28	Section 418 (1):
Application to Registrar for	$234
direction that section 418 (1) (f) does not apply in relation to appointment of person as receiver of property of corporation
29	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	$87
than 28 days after the due date
(c)	28 days or more after the	$175
due date

30   Section 421A (3) (b):

Inspection of managing $12

controller’s report at Registrar’s
office

31   Section 427 (1) (a):

Lodgment of notice of order of Nil

appointment of receiver

Additional fee for late lodgment $30

2004 No 351	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2004
Schedule 1	Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
1998 Act
32	Section 427 (1A) (a):
Lodgment of notice of	Nil
appointment of controller of property of corporation
Additional fee for late lodgment	$30
33	Section 427 (1B) (a):
Lodgment of notice that	Nil
controller has entered into possession or taken control
Additional fee for late lodgment	$30
34	Section 427 (2):
Lodgment of notice of address	Nil
of controller
Additional fee for late lodgment	$30
35	Section 427 (3):
Lodgment of notice of change	Nil
in situation of controller’s office
Additional fee for late lodgment	$30
36	Section 427 (4) (a):
Lodgment of notice of cessation	Nil
as controller
Additional fee for late lodgment	$30

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2004 No 351
Regulation 2004
Amendment	Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
1998 Act
37	Section 429 (2) (c):
Lodgment by controller of	Nil
reporting officers’ report about corporation’s affairs and notice setting out comments (if any) by controller relating to report
Additional fee for late lodgment	$30
38	Section 432 (1):
Lodgment of controller’s accounts:

(a)	on or before the due date	Nil
(b)	more than 1 day but less	$87
than 28 days after the due date
(c)	28 days or more after the	$175
due date

39	177	Application to Registrar to exercise powers conferred by the provisions of the Corporations Act referred to in:
(a) section 177 (2) (a) of the $31

1998 Act

(b)	section 177 (2) (b) of the	$59
1998 Act

40	184 (1)	Application for registration of	$175
two or more bodies as an association

2004 No 351	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2004
Schedule 1	Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
1998 Act
41	Lodgment of any other	Nil
document under the 1998 Act
42	Additional fee for late lodgment	$30
BY AUTHORITY