Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2010 (NSW)

2010 No 206

New South Wales

Co-operative Housing and

Starr-Bowkett Societies Amendment

(Fees) Regulation 2010

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 increase certain fees payable in connection with the 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 (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).

Published LW 28 May 2010	Page 1
2010 No 206	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)
Clause 1	Regulation 2010

Co-operative Housing and Starr-Bowkett Societies

Amendment (Fees) Regulation 2010

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 2010.

2      Commencement

This Regulation commences on 1 July 2010 and is required to be published on the NSW legislation website.

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2010 No 206
Regulation 2010
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 of	Type of fee	Amount
the 1998 Act
1	23 (1) (a)	Inspection of prescribed document	$17
2	23 (1) (b)	Certified copy of prescribed	$18 and $2 for
document	each page after the first page
3	25	Application for extension or	$72
abridgement of time within which anything is required to be done under the 1998 Act
4	50 (1)	Application to Registrar for	$207
registration of proposed co-operative housing society or Starr-Bowkett society
5	67	Registration of alteration of society’s	$15 per rule to a
rules	maximum of $138
6	80 (2)	Application for issue of amended	$72
certificate of incorporation or new certificate resulting from change of name of co-operative housing body
7	80 (4)	Application for approval of use by	$36
co-operative housing body of name other than registered name

2010 No 206	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2010
Schedule 1	Amendment of Co-operative Housing and Starr-Bowkett Societies Regulation 2005

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
the 1998 Act
8	84 (3)	Application by person or body (other	$345
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	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	$72
(b)	copy of resolution, where it is	$72
only evidence of charge
(c)	instrument, where charge was	$72
created or evidenced by the instrument

10	Section 264 (1): Lodgment of:
(a) notice of acquisition of $72

property subject to charge

(b)	copy of resolution, where it is	$72
only evidence of charge
(c)	instrument, where charge was	$72
created or evidenced by the instrument

11   Section 265 (5) (b):

Application to Registrar for extension $72

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 assignment of $72

charge

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Regulation 2010
Amendment of Co-operative Housing and Starr-Bowkett Societies	Schedule 1
Regulation 2005

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
the 1998 Act
13	Section 268 (2):
Lodgment of notice of variation of	$72
terms of charge
14	Section 269 (2):
Lodgment of memorandum	$72
acknowledging satisfaction of, and release of property from, charges
15	115 (7)	Lodgment of special resolution for	$15
registration
16	117 (3)	Application for consent of Registrar	$36
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 than	$102
28 days after the due date
(c)	28 days or more after the due	$207
date

18	149 (1)	Application for order for relief from	$276
certain specified requirements as to accounts or audit
19	152	Application for certification by	$72
Registrar 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	$72
of, or transfer of engagements by, co-operative housing societies
21	153 (2)	Application for determination by	$72
Registrar that co-operative housing societies’ boards may approve of proposed merger or transfer of engagements

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Schedule 1	Amendment of Co-operative Housing and Starr-Bowkett Societies Regulation 2005

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
the 1998 Act
22	153 (3)	Application for approval by Registrar	$276
of statement to be sent to members specifying details of proposed merger or transfer of engagements
23	153 (5)	Application to Registrar seeking	$72
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	$72
permission for 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	$686
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	$276
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 order	$36
made under section 413
Additional fee for late lodgment of	$72
copy of order

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2010 No 206
Regulation 2010
Amendment of Co-operative Housing and Starr-Bowkett Societies	Schedule 1
Regulation 2005

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
the 1998 Act
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	$276
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 than	$102
28 days after the due date
(c)	28 days or more after the due	$207
date

30   Section 427 (1) (a):

Lodgment of notice of order of Nil

appointment of receiver

Additional fee for late lodgment $36

31   Section 427 (1A):

Lodgment of notice of appointment of Nil

controller of property of corporation

Additional fee for late lodgment $36

32   Section 427 (1B) (a):

Lodgment of notice that controller has Nil

entered into possession or taken
control

Additional fee for late lodgment $36

33   Section 427 (2):

Lodgment of notice of address of Nil

controller

2010 No 206	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2010
Schedule 1	Amendment of Co-operative Housing and Starr-Bowkett Societies Regulation 2005

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
the 1998 Act
Additional fee for late lodgment	$36
34	Section 427 (3):
Lodgment of notice of change in	Nil
situation of controller’s office
Additional fee for late lodgment	$36
35	Section 427 (4):
Lodgment of notice of cessation as	Nil
controller
Additional fee for late lodgment	$36
36	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	$36
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	$102
28 days after the due date
(c)	28 days or more after the due	$207
date

38	177
Application to Registrar to exercise the Corporations Act referred to in:
(a) paragraph (a) of the definition $36

of Commonwealth
winding-up and
deregistration provisions in
section 177 (2) of the 1998 Act

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2010 No 206
Regulation 2010
Amendment of Co-operative Housing and Starr-Bowkett Societies	Schedule 1
Regulation 2005

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
the 1998 Act

(b)	paragraph (b) of the definition	$72
of Commonwealth winding-up and deregistration provisions in section 177 (2) of the 1998 Act

39	184 (1)	Application for registration of two or	$207
more bodies as an association
40	225 (1A)	Lodgment of any other document	Nil
under the 1998 Act
Additional fee for late lodgment	$36