Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2012 (NSW)

2012 No 215

New South Wales

Co-operative Housing and

Starr-Bowkett Societies Amendment

(Fees) Regulation 2012

under the

Co-operative Housing and Starr-Bowkett Societies Act 1998

His Excellency the Lieutenant-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 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 1 June 2012	Page 1
2012 No 215	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)
Clause 1	Regulation 2012

Co-operative Housing and Starr-Bowkett Societies

Amendment (Fees) Regulation 2012

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 2012.

2      Commencement

This Regulation commences on 1 July 2012 and is required to be published on the NSW legislation website.

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2012 No 215
Regulation 2012
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	$19
2	23 (1) (b)	Certified copy of prescribed	$20 and $2 for
document	each page after the first page
3	25	Application for extension or	$76
abridgement of time within which anything is required to be done under the 1998 Act
4	50 (1)	Application to Registrar for	$219
registration of proposed co-operative housing society or Starr-Bowkett society
5	67	Registration of alteration of	$17 per rule to a
society’s rules	maximum of $146
6	80 (2)	Application for issue of amended	$76
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	$38
co-operative housing body of name other than registered name

2012 No 215	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2012
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	$364
(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
9	115 (7)	Lodgment of special resolution for	$17
registration
10	117 (3)	Application for consent of Registrar	$38
for society to keep all or any registers at office other than registered office
11	148 (1)	Lodgment of returns:

(a)	on or before the due date	Nil
(b)	more than 1 day but less than	$107
28 days after the due date
(c)	28 days or more after the due	$219
date

12	149 (1)	Application for order for relief from	$292
certain specified requirements as to accounts or audit
13	152	Application for certification by	$76
Registrar that co-operative housing societies are of same type for purpose of proposed merger or transfer of engagements
14	153 (1)	Application for registration of	$76
merger of, or transfer of engagements by, co-operative housing societies
15	153 (2)	Application for determination by	$76
Registrar that co-operative housing societies’ boards may approve of proposed merger or transfer of engagements

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2012 No 215
Regulation 2012
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
16	153 (3)	Application for approval by	$292
Registrar of statement to be sent to members specifying details of proposed merger or transfer of engagements
17	153 (5)	Application to Registrar seeking	$76
exemption from requirement to send statement under section 153 (3) of the 1998 Act
173
Application of the following accordance with section 173 of the 1998 Act:
18	Section 411 (2) (a):
Application to Registrar for	$76
permission for lesser period of notice of hearing of application under section 411 (1) or (1A)
19	Section 411 (2) (b):
Examination by Registrar of terms	$725
of proposed compromise or arrangement to which application relates and draft explanatory statement relating to proposed compromise or arrangement
20	Section 411 (7):
Application to Registrar for	$292
direction that section 411 (7) (f) does not apply in relation to appointment of person to administer compromise or arrangement
21	Section 413 (3):
Lodgment of office copy of order	$38
made under section 413
Additional fee for late lodgment of	$76
copy of order

2012 No 215	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2012
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
174
Application of the following accordance with section 174 of the 1998 Act:
22	Section 418 (1):
Application to Registrar for	$292
direction that section 418 (1) (f) does not apply in relation to appointment of person as receiver of property of corporation
23	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	$107
28 days after the due date
(c)	28 days or more after the due	$219
date

24   Section 427 (1) (a):

Lodgment of notice of order of Nil

appointment of receiver

Additional fee for late lodgment $38

25   Section 427 (1A):

Lodgment of notice of appointment Nil

of controller of property of
corporation

Additional fee for late lodgment $38

26   Section 427 (1B) (a):

Lodgment of notice that controller Nil

has entered into possession or taken
control

Additional fee for late lodgment $38

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees)	2012 No 215
Regulation 2012
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
27	Section 427 (2):
Lodgment of notice of address of	Nil
controller
Additional fee for late lodgment	$38
28	Section 427 (3):
Lodgment of notice of change in	Nil
situation of controller’s office
Additional fee for late lodgment	$38
29	Section 427 (4):
Lodgment of notice of cessation as	Nil
controller
Additional fee for late lodgment	$38
30	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	$38
31	Section 432 (1): Lodgment of controller’s accounts:

(a)	on or before the due date	Nil
(b)	more than 1 day but less than	$107
28 days after the due date
(c)	28 days or more after the due	$219
date

2012 No 215	Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2012
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
32	177	Application to Registrar to exercise powers conferred by the provisions of the Corporations Act referred to in:

(a)	paragraph (a) of the	$38
definition of Commonwealth winding-up and deregistration provisions in section 177 (2) of the 1998 Act
(b)	paragraph (b) of the	$76
definition of Commonwealth winding-up and deregistration provisions in section 177 (2) of the 1998 Act

33	184 (1)	Application for registration of two	$219
or more bodies as an association
34	225 (1A)	Lodgment of any other document	Nil
under the 1998 Act
Additional fee for late lodgment	$38