Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2014 (NSW)

New South Wales

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2014

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.

STUART AYRES, 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 sections 23 (1) and 225 (the general regulation-making power).
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).
Co-operative Housing and Starr-Bowkett Societies Amendment

(Fees) Regulation 2014

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 2014.

2      Commencement

This Regulation commences on 1 July 2014 and is required to be published on the
NSW legislation website.

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	$20
2	23 (1) (b)	Certified copy of prescribed document	$22 and $2 for each page after the first page
3	25	Application for extension or abridgement of time	$80
within which anything is required to be done under the 1998 Act
4	50 (1)	Application to Registrar for registration of	$230
proposed co-operative housing society or Starr-Bowkett society
5	67	Registration of alteration of society’s rules	$18 per rule to a maximum of $154
6	80 (2)	Application for issue of amended certificate of	$80
incorporation or new certificate resulting from change of name of co-operative housing body
7	80 (4)	Application for approval of use by co-operative	$40
housing body of name other than registered name
8	84 (3)	Application by person or body (other than	$383
words co-operative housing society or
co-operative housing body) for exemption to use symbols with similar meaning
9	115 (7)	Lodgment of special resolution for registration	$18
10	117 (3)	Application for consent of Registrar for society to	$40
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 28 days after	$113
the due date
(c)	28 days or more after the due date	$230

12	149 (1)	Application for order for relief from certain	$307
specified requirements as to accounts or audit
Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
the 1998 Act
13	152	Application for certification by Registrar that	$80
co-operative housing societies are of same type for purpose of proposed merger or transfer of engagements
14	153 (1)	Application for registration of merger of, or	$80
transfer of engagements by, co-operative housing societies
15	153 (2)	Application for determination by Registrar that	$80
co-operative housing societies’ boards may approve of proposed merger or transfer of engagements
16	153 (3)	Application for approval by Registrar of	$307
statement to be sent to members specifying details of proposed merger or transfer of engagements
17	153 (5)	Application to Registrar seeking exemption	$80
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:
18	Section 411 (2) (a):
Application to Registrar for permission for lesser	$80
period of notice of hearing of application under section 411 (1) or (1A)
19	Section 411 (2) (b):
Examination by Registrar of terms of proposed	$763
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 direction that	$307
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 made under	$40
section 413
Additional fee for late lodgment of copy of order	$80
174	Application of the following sections of the Corporations Act in accordance with section 174 of the 1998 Act:
22	Section 418 (1):
Application to Registrar for direction that	$307
section 418 (1) (f) does not apply in relation to appointment of person as receiver of property of corporation
Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
the 1998 Act
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 28 days	$113
after the due date
(c)	28 days or more after the due date	$230

24   Section 427 (1) (a):

Lodgment of notice of order of appointment of Nil

receiver

Additional fee for late lodgment $40

25   Section 427 (1A):

Lodgment of notice of appointment of controller Nil

of property of corporation

Additional fee for late lodgment $40

26   Section 427 (1B) (a):

Lodgment of notice that controller has entered Nil

into possession or taken control

Additional fee for late lodgment $40

27   Section 427 (2):

Lodgment of notice of address of controller	Nil
Additional fee for late lodgment	$40

28   Section 427 (3):

Lodgment of notice of change in situation of Nil

controller’s office

Additional fee for late lodgment $40

29   Section 427 (4):

Lodgment of notice of cessation as controller	Nil
Additional fee for late lodgment	$40

30   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 $40
31	Section 432 (1): Lodgment of controller’s accounts:
(a) on or before the due date Nil
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 than 28 days	$113
after the due date
(c)	28 days or more after the due date	$230

32	177	Application to Registrar to exercise powers conferred by the provisions of the Corporations Act referred to in:
(a) paragraph (a) of the definition of $40

Commonwealth winding-up and
deregistration provisions in section

177 (2) of the 1998 Act

(b)	paragraph (b) of the definition of	$80
Commonwealth winding-up and deregistration provisions in section 177 (2) of the 1998 Act

33	184 (1)	Application for registration of two or more	$230
bodies as an association
34	225 (1A)	Lodgment of any other document under the	Nil
1998 Act
Additional fee for late lodgment	$40