Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2008 (NSW)

2008 No 225

New South Wales

Co-operative Housing and

Starr-Bowkett Societies Amendment

(Fees) Regulation 2008

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.

LINDA BURNEY, M.P., Minister for Fair Trading

Explanatory note

The object of this Regulation is to increase certain fees payable in connection with the section 225 (1A).

administration of the Co-operative Housing and Starr-Bowkett Societies Act 1998.
The fee increases are generally in line with movements in the Consumer Price Index.
This Regulation is made under the Co-operative Housing and Starr-Bowkett Societies

Published in Gazette No 76 of 27 June 2008, page 6004	Page 1
2008 No 225	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)
Clause 1	Regulation 2008

Co-operative Housing and Starr-Bowkett Societies

Amendment (Fees) Regulation 2008

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 2008.

2      Commencement

This Regulation commences on 1 July 2008.

3 Amendment of Co-operative Housing and Starr-Bowkett Societies Regulation 2005

The Co-operative Housing and Starr-Bowkett Societies Regulation
2005 is amended as set out in Schedule 1.

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2008 No 225
Regulation 2008
Amendment	Schedule 1
Schedule 1	Amendment

(Clause 3)

Schedule 2

Omit the Schedule. Insert instead:

Schedule 2 Fees

(Clause 27)

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
1998 Act
1	23 (1) (a)	Inspection of prescribed document	$16
2	23 (1) (b)	Certified copy of prescribed document	$17 and $2 for each page after the first page
3	25	Application for extension or abridgement of	$67
time within which anything is required to be done under the 1998 Act
4	50 (1)	Application to Registrar for registration of	$196
proposed co-operative housing society or Starr-Bowkett society
5	67	Registration of alteration of society’s rules	$14 per rule to a maximum of $130
6	80 (2)	Application for issue of amended certificate	$67
of incorporation or new certificate resulting from change of name of co-operative housing body
7	80 (4)	Application for approval of use by	$34
co-operative housing body of name other than registered name

2008 No 225	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2008
Schedule 1	Amendment

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
1998 Act
8	84 (3)	Application by person or body (other than	$326
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	Application of the following sections of the Corporations Act in accordance with section 88 of the 1998 Act:
9	Section 263 (1): Lodgment of:

(a)	notice of charge	$67
(b)	copy of resolution, where it is only	$67
evidence of charge
(c)	instrument, where charge was created	$67
or evidenced by the instrument

10	Section 264 (1): Lodgment of:
(a) notice of acquisition of property $67

subject to charge

(b)	copy of resolution, where it is only	$67
evidence of charge
(c)	instrument, where charge was created	$67
or evidenced by the instrument

11   Section 265 (5) (b):

Application to Registrar for extension of $67
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 assignment of charge $67

13   Section 268 (2):

Lodgment of notice of variation of terms of $67

charge

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2008 No 225
Regulation 2008
Amendment	Schedule 1

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
1998 Act
14	Section 269 (2):
Lodgment of memorandum acknowledging	$67
satisfaction of, and release of property from, charges
15	115 (7)	Lodgment of special resolution for	$14
registration
16	117 (3)	Application for consent of Registrar for	$34
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 than 28 days	$96
after the due date

(c) 28 days or more after the due date

specified requirements as to accounts or
audit

$196

18	149 (1)	Application for order for relief from certain	$260
19	152	Application for certification by Registrar	$67
that co-operative housing societies are of same type for purpose of proposed merger or transfer of engagements
20	153 (1)	Application for registration of merger of, or	$67
transfer of engagements by, co-operative housing societies
21	153 (2)	Application for determination by Registrar	$67
that co-operative housing societies’ boards may approve of proposed merger or transfer of engagements
22	153 (3)	Application for approval by Registrar of	$260
statement to be sent to members specifying details of proposed merger or transfer of engagements

2008 No 225	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2008
Schedule 1	Amendment

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
1998 Act
23	153 (5)	Application to Registrar seeking exemption	$67
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 permission for	$67
lesser period of notice of hearing of application under section 411 (1) or (1A)
25	Section 411 (2) (b):
Examination by Registrar of terms of	$647
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 direction that	$260
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 order made	$34
under section 413
Additional fee for late lodgment of copy of	$67
order
174	Application of the following sections of the Corporations Act in accordance with section 174 of the 1998 Act:
28	Section 418 (1):
Application to Registrar for direction that	$260
section 418 (1) (f) does not apply in relation to appointment of person as receiver of property of corporation

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2008 No 225
Regulation 2008
Amendment	Schedule 1

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
1998 Act
29	Section 421A:
Inspection of managing controller’s report at	$16
Registrar’s office
30	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	$96
after the due date
(c)	28 days or more after the due date	$196

31   Section 427 (1) (a):

Lodgment of notice of order of appointment Nil

of receiver

Additional fee for late lodgment $34

32   Section 427 (1A):

Lodgment of notice of appointment of Nil

controller of property of corporation

Additional fee for late lodgment $34

33   Section 427 (1B) (a):

Lodgment of notice that controller has Nil

entered into possession or taken control

Additional fee for late lodgment $34

34   Section 427 (2):

Lodgment of notice of address of controller	Nil
Additional fee for late lodgment	$34

35   Section 427 (3):

Lodgment of notice of change in situation of Nil

controller’s office

Additional fee for late lodgment $34

2008 No 225	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2008
Schedule 1	Amendment

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
1998 Act
36	Section 427 (4):
Lodgment of notice of cessation as controller	Nil
Additional fee for late lodgment	$34
37	Section 429 (2) (c):
Lodgment by controller of reporting	Nil
officers’ report about corporation’s affairs and notice setting out comments (if any) by controller relating to report
Additional fee for late lodgment	$34
38	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	$96
after the due date
(c)	28 days or more after the due date	$196

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 1998 Act	$35
(b)	section 177 (2) (b) of the 1998 Act	$67

40

184 (1)

Application for registration of two or more $196

bodies as an association

41

225 (1A)

Lodgment of any other document under the Nil

1998 Act

Additional fee for late lodgment $34

BY AUTHORITY