Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2009 (NSW)
2009 No 201
New South Wales
Co-operative Housing and
Starr-Bowkett Societies Amendment
(Fees) Regulation 2009
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.
VIRGINIA JUDGE, MP Minister for Fair Trading
Explanatory note
The object of this Regulation is to amend the Co-operative Housing and Starr-Bowkett
Societies Regulation 2005:
| (a) | to increase certain fees payable in connection with the administration of the Co-operative Housing and Starr-Bowkett Societies Act 1998, and |
| (b) | to remove a fee relating to the inspection of a managing controller’s report consequent on the repeal of section 421A (3) of the Corporations Act 2001 of the Commonwealth. |
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 Co-operative Housing and Starr-Bowkett Societies Act
1998, including sections 23 (1) and 225 (the general regulation-making power) and, in
particular, section 225 (1A).
| Published LW 29 May 2009 | Page 1 |
| 2009 No 201 | Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) |
| Clause 1 | Regulation 2009 |
Co-operative Housing and Starr-Bowkett Societies
Amendment (Fees) Regulation 2009
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 2009.
2 Commencement
This Regulation commences on 1 July 2009 and is required to be published on the NSW legislation website.
| Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) | 2009 No 201 |
| Regulation 2009 | |
| Amendment of Co-operative Housing and Starr-Bowkett Societies | Schedule 1 |
| Regulation 2005 | |
| Schedule 1 | Amendment of Co-operative Housing and Starr-Bowkett Societies Regulation 2005 |
Schedule 2
Omit the Schedule. Insert instead:
Schedule 2 Fees
(Clause 27)
Column 1 Column 2 Column 3 Column 4
Item Section Type of fee Amount of the
1998 Act1 23 (1) (a) Inspection of prescribed document $17 2 23 (1) (b) Certified copy of prescribed document $18 and $2
for each
page after
the first
page3 25 Application for extension or abridgement of $70 time within which anything is required to be
done under the 1998 Act4 50 (1) Application to Registrar for registration of $203 proposed co-operative housing society or
Starr-Bowkett society5 67 Registration of alteration of society’s rules $15 per
rule to a
maximum
of $1356 80 (2) Application for issue of amended certificate $70 of incorporation or new certificate resulting from change of name of co-operative housing body
7 80 (4) Application for approval of use by $35 co-operative housing body of name other than
registered name
| 2009 No 201 | Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2009 |
| Schedule 1 | Amendment of Co-operative Housing and Starr-Bowkett Societies Regulation 2005 |
Column 1 Column 2 Column 3 Column 4
Item Section Type of fee Amount of the
1998 Act8 84 (3) Application by person or body (other than $338 co-operative housing body) for exemption to
use words co-operative housing society or
Starr-Bowkett, or other words,
abbreviations or symbols with similar
meaning88
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 $70 (b) copy of resolution, where it is only $70 evidence of charge (c) instrument, where charge was created $70 or evidenced by the instrument
10 Section 264 (1):
Lodgment of:
(a) notice of acquisition of property $70
subject to charge
(b) copy of resolution, where it is only $70 evidence of charge (c) instrument, where charge was created $70 or evidenced by the instrument 11 Section 265 (5) (b):
Application to Registrar for extension of time $70 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 $70
| Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) | 2009 No 201 |
| Regulation 2009 | |
| Amendment of Co-operative Housing and Starr-Bowkett Societies | Schedule 1 |
| Regulation 2005 |
Column 1 Column 2 Column 3 Column 4
Item Section Type of fee Amount of the
1998 Act13 Section 268 (2): Lodgment of notice of variation of terms of $70 charge 14 Section 269 (2): Lodgment of memorandum acknowledging $70 satisfaction of, and release of property from,
charges15 115 (7) Lodgment of special resolution for $15 registration 16 117 (3) Application for consent of Registrar for $35 society to keep all or any registers at office
other than registered office17 148 (1) Lodgment of returns:
(a) on or before the due date Nil (b) more than 1 day but less than 28 days $100 after the due date (c) 28 days or more after the due date $203
18 149 (1) Application for order for relief from certain $270 specified requirements as to accounts or audit 19 152 Application for certification by Registrar that $70 co-operative housing societies are of same
type for purpose of proposed merger or
transfer of engagements20 153 (1) Application for registration of merger of, or $70 transfer of engagements by, co-operative
housing societies21 153 (2) Application for determination by Registrar $70 that co-operative housing societies’ boards
may approve of proposed merger or transfer
of engagements22 153 (3) Application for approval by Registrar of $270 statement to be sent to members specifying
details of proposed merger or transfer of
engagements
| 2009 No 201 | Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2009 |
| Schedule 1 | Amendment of Co-operative Housing and Starr-Bowkett Societies Regulation 2005 |
Column 1 Column 2 Column 3 Column 4
Item Section Type of fee Amount of the
1998 Act23 153 (5) Application to Registrar seeking exemption $70 from requirement to send statement under
section 153 (3) of the 1998 Act173
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 $70 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 $671 proposed compromise or arrangement to
which application relates and draft
explanatory statement relating to proposed
compromise or arrangement26 Section 411 (7): Application to Registrar for direction that $270 section 411 (7) (f) does not apply in relation
to appointment of person to administer
compromise or arrangement27 Section 413 (3): Lodgment of office copy of order made under $35 section 413 Additional fee for late lodgment of copy of $70 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 $270 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) | 2009 No 201 |
| Regulation 2009 | |
| Amendment of Co-operative Housing and Starr-Bowkett Societies | Schedule 1 |
| Regulation 2005 |
Column 1 Column 2 Column 3 Column 4
Item Section Type of fee Amount of the
1998 Act29 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 $100 after the due date (c) 28 days or more after the due date $203
30 Section 427 (1) (a):
Lodgment of notice of order of appointment Nil of receiver
Additional fee for late lodgment $35
31 Section 427 (1A):
Lodgment of notice of appointment of Nil controller of property of corporation
Additional fee for late lodgment $35
32 Section 427 (1B) (a):
Lodgment of notice that controller has Nil entered into possession or taken control
Additional fee for late lodgment $35
33 Section 427 (2):
Lodgment of notice of address of controller Nil Additional fee for late lodgment $35
34 Section 427 (3):
Lodgment of notice of change in situation of Nil controller’s office
Additional fee for late lodgment $35 35 Section 427 (4):
Lodgment of notice of cessation as controller Nil
Additional fee for late lodgment $35
| 2009 No 201 | Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2009 |
| Schedule 1 | Amendment of Co-operative Housing and Starr-Bowkett Societies Regulation 2005 |
Column 1 Column 2 Column 3 Column 4
Item Section Type of fee Amount of the
1998 Act36 Section 429 (2) (c): Lodgment by controller of reporting officers’ Nil report about corporation’s affairs and notice setting out comments (if any) by controller relating to report
Additional fee for late lodgment $35 37 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 $100 after the due date (c) 28 days or more after the due date $203
38 177 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 $36 (b) section 177 (2) (b) of the 1998 Act $70 39 184 (1)
Application for registration of two or more $203 bodies as an association 40 225 (1A)
Lodgment of any other document under the Nil 1998 Act
Additional fee for late lodgment $35
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