Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2017 (NSW)

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New South Wales

Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2017

under the

Co-operative Housing and Starr-Bowkett Societies Act 1998

His 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.

MATT KEAN, MP

Minister for Innovation and Better Regulation

Explanatory note
The object of this Regulation is to amend the Co-operative Housing and Starr-Bowkett Societies Regulation

2015 as follows:

(a)	to increase certain fees payable in connection with the administration of the Co-operative Housing and Starr-Bowkett Societies Act 1998,
(b)	to provide for a mechanism for the automatic adjustment for inflation of those fees in future.
Index (rounded to the nearest dollar).	The fee increases effected by this Regulation are generally in line with movements in the Consumer Price sections 23 (1) and 225 (the general regulation-making power).
Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2017
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 2017.

2 Commencement
This Regulation commences on 1 July 2017 and is required to be published on the
NSW legislation website.

Schedule 1

Amendment of Co-operative Housing and
Starr-Bowkett Societies Regulation 2015

[1] Clause 3 Definitions
Insert in alphabetical order in clause 3 (1):
fee unit—see Part 2 of Schedule 2.

[2] Clause 15 Prescribed fees
Insert “Part 1 of” before “Schedule 2” in clause 15 (1).
[3] Schedule 2
Omit the Schedule. Insert instead:

Schedule 2 Fees

(Clause 15)

Part 1 Fees payable

Item Column 1 Column 2 Column 3
Section of Type of fee Fee (in
the Act fee units)
1 23 (1) (a) Inspection of prescribed document 0.20
2 23 (1) (b) Certified copy of prescribed document 0.22 and
0.02 for
each page
after the
first page
3 25 Application for extension or abridgement of time within 0.73
which anything is required to be done under the Act
4 50 (1) Application to Registrar for registration of proposed 2.43
co-operative housing society or Starr-Bowkett society
5 67 Registration of alteration of society’s rules 0.18 per
rule to a
maximum
of 1.63
6 80 (2) Application for issue of amended certificate of 0.85
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 housing 0.43
body of name other than registered name
8 84 (3) Application by person or body (other than co-operative 4.04
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 registration 0.18
10 117 (3) Application for consent of Registrar for society to keep 0.43
all or any registers at office other than registered office
Item Column 1 Column 2 Column 3
Section of Type of fee Fee (in
the Act fee units)
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 the due 1.19
date
(c) 28 days or more after the due date 2.43

12 149 (1) Application for order for relief from certain specified 3.24
requirements as to accounts or audit
13 152 Application for certification by Registrar that 0.85
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 transfer of 0.85
engagements by, co-operative housing societies
15 153 (2) Application for determination by Registrar that 0.85
co-operative housing societies’ boards may approve of
proposed merger or transfer of engagements
16 153 (3) Application for approval by Registrar of statement to be 3.24
sent to members specifying details of proposed merger
or transfer of engagements
17 153 (5) Application to Registrar seeking exemption from 0.85
requirement to send statement under section 153 (3) of
the Act
18 184 (1) Application for registration of 2 or more bodies as an 2.43
association
19 225 (1A) Lodgment of any other document under the Act Nil
Additional fee for late lodgment 0.43

Part 2 Adjustment of fees for inflation
1 Definitions
In this Part:
CPI number means the Consumer Price Index (All Groups Index) for Sydney
published by the Australian Bureau of Statistics in the latest published series
of that index.
financial year means a period of 12 months commencing on 1 July.
2 Calculation of fee unit for purposes of Regulation

(1) For the purposes of this Regulation, a fee unit is:

(a) in the financial year 2017–18—$100, and
(b) in each subsequent financial year—the amount calculated as follows:

$100 A  ----
B

where:
A is the CPI number for the March quarter in the financial year
immediately preceding the financial year for which the amount is
calculated.
B is the CPI number for the March quarter of 2017.

(2) The amount of a fee unit is to be rounded to the nearest cent (and an amount
of 0.5 cent is to be rounded down).

(3)

However, if the amount of a fee unit calculated for any financial year is less than the amount that applied for the previous financial year, then the amount for that previous financial year applies instead.
3 Rounding of fee amounts
The amount of a fee calculated by reference to a fee unit is to be rounded to the nearest dollar (and an amount of 50 cents is to be rounded down).
4 Notice of indexed fees

(1) As soon as practicable after the CPI number for the March quarter is first
published by the Australian Statistician, the Secretary is required to:

(a)

notify the Parliamentary Counsel of the amount of the fee unit for the next financial year so that notice of that amount can be published on the NSW legislation website, and

(b)

give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of a fee unit calculated under this Part.

(2) This Part operates to change an amount of a fee that is calculated by reference to a fee unit and that change is not dependent on the notification or other notice required by this clause.

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Co-operative Housing and Starr-Bowkett Societies Amendment (Fees) Regulation 2017 (NSW)

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Item	Column 1	Column 2	Column 3
Section of	Type of fee	Fee (in
the Act	fee units)
1	23 (1) (a)	Inspection of prescribed document	0.20
2	23 (1) (b)	Certified copy of prescribed document	0.22 and 0.02 for each page after the first page
3	25	Application for extension or abridgement of time within	0.73
which anything is required to be done under the Act
4	50 (1)	Application to Registrar for registration of proposed	2.43
co-operative housing society or Starr-Bowkett society
5	67	Registration of alteration of society’s rules	0.18 per rule to a maximum of 1.63
6	80 (2)	Application for issue of amended certificate of	0.85
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 housing	0.43
body of name other than registered name
8	84 (3)	Application by person or body (other than co-operative	4.04
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 registration	0.18
10	117 (3)	Application for consent of Registrar for society to keep	0.43
all or any registers at office other than registered office
Item	Column 1	Column 2	Column 3
Section of	Type of fee	Fee (in
the Act	fee units)
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 the due	1.19
date
(c)	28 days or more after the due date	2.43

12	149 (1)	Application for order for relief from certain specified	3.24
requirements as to accounts or audit
13	152	Application for certification by Registrar that	0.85
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 transfer of	0.85
engagements by, co-operative housing societies
15	153 (2)	Application for determination by Registrar that	0.85
co-operative housing societies’ boards may approve of proposed merger or transfer of engagements
16	153 (3)	Application for approval by Registrar of statement to be	3.24
sent to members specifying details of proposed merger or transfer of engagements
17	153 (5)	Application to Registrar seeking exemption from	0.85
requirement to send statement under section 153 (3) of the Act
18	184 (1)	Application for registration of 2 or more bodies as an	2.43
association
19	225 (1A)	Lodgment of any other document under the Act	Nil
Additional fee for late lodgment	0.43

(2)	The amount of a fee unit is to be rounded to the nearest cent (and an amount of 0.5 cent is to be rounded down).
(3)	However, if the amount of a fee unit calculated for any financial year is less than the amount that applied for the previous financial year, then the amount for that previous financial year applies instead.

(a)	notify the Parliamentary Counsel of the amount of the fee unit for the next financial year so that notice of that amount can be published on the NSW legislation website, and
(b)	give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of a fee unit calculated under this Part.
(2)	This Part operates to change an amount of a fee that is calculated by reference to a fee unit and that change is not dependent on the notification or other notice required by this clause.