Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2011 (NSW)

2011 No 245

New South Wales

Co-operative Housing and

Starr-Bowkett Societies Amendment

(Fees) Regulation 2011

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.

ANTHONY ROBERTS, 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 increase 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 27 May 2011	Page 1
2011 No 245	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)
Clause 1	Regulation 2011

Co-operative Housing and Starr-Bowkett Societies

Amendment (Fees) Regulation 2011

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 2011.

2      Commencement

This Regulation commences on 1 July 2011 and is required to be published on the NSW legislation website.

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2011 No 245
Regulation 2011
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	$18
document
2	23 (1) (b)	Certified copy of prescribed	$19 and $2 for each
document	page after the first page
3	25	Application for extension or	$74
abridgement of time within which anything is required to be done under the 1998 Act
4	50 (1)	Application to Registrar for	$212
registration of proposed co-operative housing society or Starr-Bowkett society
5	67	Registration of alteration of	$16 per rule to a
society’s rules	maximum of $141
6	80 (2)	Application for issue of	$74
amended certificate of incorporation or new certificate resulting from change of name of co-operative housing body
7	80 (4)	Application for approval of use	$37
by co-operative housing body of name other than registered name

2011 No 245	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2011
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	$353
(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	$74
(b)	copy of resolution,	$74
where it is only evidence of charge
(c)	instrument, where charge	$74
was created or evidenced by the instrument

10	Section 264 (1): Lodgment of:
(a) notice of acquisition of $74

property subject to

charge

(b)	copy of resolution,	$74
where it is only evidence of charge
(c)	instrument, where charge	$74
was created or evidenced by the instrument

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2011 No 245
Regulation 2011
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
11	Section 265 (5) (b):
Application to Registrar for	$74
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	$74
assignment of charge
13	Section 268 (2):
Lodgment of notice of variation	$74
of terms of charge
14	Section 269 (2):
Lodgment of memorandum	$74
acknowledging satisfaction of, and release of property from, charges
15	115 (7)	Lodgment of special resolution	$16
for registration
16	117 (3)	Application for consent of	$37
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 $104
than 28 days after the due date
(c)	28 days or more after the $212

due date

from certain specified
requirements as to accounts or
audit

18 149 (1) Application for order for relief $283

2011 No 245	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2011
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
19	152	Application for certification by	$74
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	$74
merger of, or transfer of engagements by, co-operative housing societies
21	153 (2)	Application for determination	$74
by Registrar that co-operative housing societies’ boards may approve of proposed merger or transfer of engagements
22	153 (3)	Application for approval by	$283
Registrar of statement to be sent to members specifying details of proposed merger or transfer of engagements
23	153 (5)	Application to Registrar seeking	$74
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	$74
permission for lesser period of notice of hearing of application under section 411 (1) or (1A)

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2011 No 245
Regulation 2011
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
25	Section 411 (2) (b):
Examination by Registrar of	$702
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	$283
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	$37
order made under section 413
Additional fee for late lodgment	$74
of copy of 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	$283
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

2011 No 245	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2011
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

(b)	more than 1 day but less	$104
than 28 days after the due date
(c)	28 days or more after the	$212
due date

30   Section 427 (1) (a):

Lodgment of notice of order of Nil

appointment of receiver
Additional fee for late lodgment $37

31   Section 427 (1A):

Lodgment of notice of Nil

appointment of controller of
property of corporation

Additional fee for late lodgment $37

32   Section 427 (1B) (a):

Lodgment of notice that Nil

controller has entered into possession or taken control

Additional fee for late lodgment $37

33   Section 427 (2):

Lodgment of notice of address Nil

of controller
Additional fee for late lodgment $37

34   Section 427 (3):

Lodgment of notice of change in Nil

situation of controller’s office
Additional fee for late lodgment $37

35   Section 427 (4):

Lodgment of notice of cessation Nil

as controller
Additional fee for late lodgment $37

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2011 No 245
Regulation 2011
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
36	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 $37

37   Section 432 (1):

Lodgment of controller’s 
accounts:

(a)  on or before the due date Nil

(b)  more than 1 day but less  $104

than 28 days after the due

date

(c)	28 days or more after the	$212
due date

38	177	Application to Registrar to exercise powers conferred by the provisions of the Corporations Act referred to in:
(a) paragraph (a) of the $37

definition of
Commonwealth
winding-up and
deregistration
provisions in section

177 (2) of the 1998 Act

(b)	paragraph (b) of the	$74
definition of Commonwealth winding-up and deregistration provisions in section 177 (2) of the 1998 Act

39	184 (1)	Application for registration of	$212
two or more bodies as an association

2011 No 245	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2011
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
40	225 (1A)	Lodgment of any other	Nil

document under the 1998 Act
Additional fee for late lodgment $37