Co-operatives Amendment (Fees) Regulation 2002 (NSW)

2002 No 85

Co-operatives Amendment (Fees) New South Wales

Regulation 2002

under the

Co-operatives Act 1992

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Co-operatives Act 1992.

JOHN AQUILINA, M.P., Minister for Fair Trading

Explanatory note
The object of this Regulation is to increase fees payable in connection with the
administration of the Co-operatives Act 1992.
This Regulation is made under the Co-operatives Act 1992, including section 446

(the general power to make regulations).

Published in Gazette No 48 of 22 February 2002, page 966	Page 1
[16]
2002 No 85
Clause 1	Co-operatives Amendment (Fees) Regulation 2002

Co-operatives Amendment (Fees) Regulation 2002

1. Name of Regulation

   This Regulation is the Co-operatives Amendment (Fees)

   Regulation 2002.

2 Commencement

This Regulation commences on 31 March 2002.

1. Amendment of Co-operatives Regulation 1997

   The Co-operatives Regulation 1997 is amended as set out in
   Schedule 1.

2002 No 85

Co-operatives Amendment (Fees) Regulation 2002

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 3)

Schedule 6

Omit the Schedule. Insert instead:

Schedule 6 Fees (Clause 55)

Column 1	Column 2	Column 3	Column 4
Item	Section of Act	Type of fee	Amount
1	19	Application to Registrar for	$110 non-
registration—proposed co-	trading
operative	$166 trading
2	24	Application to Registrar for	$166
registration—existing body corporate
3	28G	Issue of duplicate certificate	$23
4	67 (2)	Application for Registrar’s	$28
certificate
5	76A (2)	Application for Registrar’s	$56
consent
6	108 (3)	Copy of rules	$6 for the first page and $1 for each page thereafter to a maximum of $55
7	113 (2)	Registration of rule alteration	$11 per rule to a maximum of $73
8	113 (5)	Issue of certificate of	$28
registration of rule alteration

2002 No 85

Co-operatives Amendment (Fees) Regulation 2002

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of Act	Type of fee	Amount
9	125 (1)	Application to Council for	$56
review
10	126 (3)	Application to Registrar for	$110
determination of a member’s eligibility to vote
11	136 (6)	Application to Council for	$222
reduction in period for repayment
12	143	Application to Minister for	$222
exemption
13	145 (1)	Application to Council for	$56
approval to convert to a co- operative without share capital
14	155 (3) (a)	Application to Registrar for	$222
approval of disclosure statement
15	177 (1) (a)	Application to Council for	$222
approval of rules restricting voting rights
16	178 (2)	Application to Council for	$222
review of voting entitlement
17	192 (2) (c)	Lodgment of special	$11 per
resolution (not involving	resolution to a
alteration of rules)	maximum of $73
18	194 (3)	Application to Registrar for	$222
approval of disclosure statement
19	216 (3) (b)	Application to Council for	$56
approval of co-operative to have employee director

2002 No 85

Co-operatives Amendment (Fees) Regulation 2002

Amendment Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Section of Act	Type of fee	Amount
20	243	Lodgment by a disclosing	Nil
entity that is a co-operative of an annual financial report and an annual director’s report
pursuant to sections 292 and 319 of the Corporations Act (as applied by section 243 of the Act)
21	244 (1)	Application to Registrar for	$222
exemption
22	250 (1) (d)	Approval of office where	$28
register is to be kept
23*	251 (5)	Obtaining copy of an entry in	$6 for the first
the Register	page and $1 for each page thereafter to a maximum of $55

24	252 (1)	Lodgment of annual report: (a) on or before the due date Nil
(b) more than 1 day but less $82

than 28 days after the

due date

(c)	28 days or more after the	$166
due date

25	255 (5) (g)	Application to Registrar for	$276
exemption to use the word “Co-operative” or abbreviation
26	257 (e)	Application to Registrar for	$28
approval of abbreviation or elaboration of name
27	259 (1)	Application to Registrar for	$56
approval of change of name

2002 No 85

Co-operatives Amendment (Fees) Regulation 2002

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of Act	Type of fee	Amount
28	261 (3)	Lodgment of notice of change	Nil
of address
29	266 (1)	Lodgment by unlisted	Nil
disclosing entity of document containing price sensitive information referred to in section 1001B (1) of the Corporations Act (as applied by section 266 of the Act)
30	266 (1)	Lodgment of disclosure	$1,660
document under sections 706, 707, 721 and 727 of the Corporations Act (as applied by section 266 of the Act)
31	266 (1)	Lodgment of supplementary	Nil
or replacement disclosure document under section 719 of the Corporations Act (as applied by section 266 of the Act)
32	266 (1)	Lodgment of disclosure	$222
document under section 707 of the Corporations Act (as applied by section 266 of the
Act) relating to sale of unquoted securities
33	266 (4)	Application to Registrar for	$222
exemption
34	266A (2)	Application to Registrar for	$222
approval of disclosure statement
35	268 (3) (a)	Application to Registrar for	$222
approval of disclosure statement

2002 No 85

Co-operatives Amendment (Fees) Regulation 2002

Amendment Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Section of Act	Type of fee	Amount
36	273 (1) (c)	Application to Registrar for	$222
approval of terms of issue of CCUs
37	285 (2)	Application to Council for	$222
exemption
38	289 (3)	Application to Council for	$222
approval of maximum share interest
39*	294 (2) (b)	Inspection of register of	$28
notifiable interests
40	298	Application to Registrar for	$222
exemption
41	300 (1)	Application to Council for	$222
approval of share offer
42	302 (4)	Application to Registrar for	$56
extension of period of share offer
43	308	Application to Council for	$222
exemption
44	311 (2)	Application for Registrar’s	$56
consent
45	311A (2)	Application to Registrar for	$222
approval of disclosure statement
46	311B (1)	Application to Registrar for	$56
approval of merger or transfer of engagements
47	312	Application to Council for	$56
exemption
48	316 (4)	Application to Council for	$222
exemption

2002 No 85

Co-operatives Amendment (Fees) Regulation 2002

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of Act	Type of fee	Amount
49	325	Application to Registrar to	$56
exercise powers conferred by section 601AE or 601AF of the Corporations Act (as applied by section 325 of the Act)
50	326 (2)	Application to Council for	$56
exemption
51	346 (1) (a)	Application for Registrar’s	$56
permission
52	348 (1) (f)	Application to Registrar for	$222
direction
53	355 (1)	Application to Registrar for	$553
approval of explanatory statement
54	357 (5)	Lodgment of copy of order	$28
Additional fee for late	$56
lodgment
55	369E (2) (f)	Application to Registrar for	$222
registration—participating co-operative
56	369F (2) (d)	Application to Registrar for	$553
registration—non- participating co-operative
57	369K	Lodgment of particulars of	$28
alteration
Additional fee for late	$56
lodgment

2002 No 85

Co-operatives Amendment (Fees) Regulation 2002

Amendment Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Section of Act	Type of fee	Amount

58	369L (1)	Lodgment of balance sheet: (a) on or before the due date Nil
(b) more than 1 day but less $82

than 28 days after the

due date

(c)	28 days or more after the	$166
due date

59	369M (1)	Lodgment of notice of	Nil
cessation of business—foreign co- operative
60	369N (1)	Application to Registrar for	$664
certificate of compliance
61	369Q (3) (a)	Application for Registrar’s	$222
consent
62	369R (2)	Application to Registrar for	$222
approval of disclosure statement
63	369R (4)	Application to Registrar for	$222
exemption
64	369S (1)	Application to Registrar for	$222
approval of merger or transfer of engagements
65	402 (1) (a)	Application to Registrar for	$222
special meeting
66	402 (1) (b)	Application to Registrar for	$553
inquiry
67	408 (1)	Application to Registrar for	$56
extension or abridgment of time
68	413A (1) (a)	Inspection of Register	$11

2002 No 85

Co-operatives Amendment (Fees) Regulation 2002

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of Act	Type of fee	Amount
69	413A (1) (b)	Inspection of prescribed	$11
document
70	413A (1) (c)	Certified copy of a document	$12 for the first page and $2 for each page thereafter to a maximum of $65 per document
71	440A (2) (c)	Application to Registrar for	$56
permission to give notice by newspaper
72	Sch 3 cl 13 (1)	Lodgment of notice of charge	$56
73	Sch 3 cl 17 (1) (a)	Lodgment of notice of	$56
acquisition of property subject to change
74	Sch 3 cl 20 (3) (c)	Application to Registrar for	$56
extension of time
75	Sch 3 cl 36 (1)	Lodgment of notice of	$56
assignment of charge
76	Sch 3 cl 36 (2)	Lodgment of notice of	$56
variation of terms of charge
77	Sch 3 cl 37 (2)	Lodgment of memorandum of	$28
discharge
78	Sch 3 cl 42 (1)	Request of certificate	Nil
and (3)
79	Sch 3 cl 44	Application to Registrar for	$222
exemption
80	Sch 4 cl 3 (1) (f)	Application to Registrar for	$222
direction

2002 No 85

Co-operatives Amendment (Fees) Regulation 2002

Amendment Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Section of Act	Type of fee	Amount
81	Sch 4 cl 6A (2)	Lodgment of managing controller’s report:

(a) on or before the due date Nil

(b)	more than 1 day but less	$82
than 28 days after the due date
(c)	28 days or more after the	$166
due date

82	Sch 4 cl 6A (3)	Inspection of managing	$11
(b)	controller’s report
83	Sch 4 cl 7 (1) (c)	Lodgment of receiver’s report	Nil
84	Sch 4 cl 12 (1) (a)	Lodgment of notice of order	Nil
Additional fee for late	$28
lodgment
85	Sch 4 cl 12 (2) (a)	Lodgment of notice of	Nil
appointment of controller
Additional fee for late	$28
lodgment
86	Sch 4 cl 12 (3) (a)	Lodgment of notice that	Nil
person has entered into possession or taken control of property of co-operative
Additional fee for late	$28
lodgment
87	Sch 4 cl 12 (5)	Lodgment of notice of change	Nil
in situation of controller’s officer
Additional fee for late	$28
lodgment

2002 No 85

Co-operatives Amendment (Fees) Regulation 2002

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of Act	Type of fee	Amount
88	Sch 4 cl 12 (6) (a)	Lodgment of notice of	Nil
cessation as controller
Additional fee for late	$28
lodgment
89	Sch 4 cl 14 (2) (c)	Lodgment of copy of	Nil
controller’s report
Additional fee for late	$28
lodgment
90	Sch 4 cl 14 (4)	Lodgment of notice by	Nil
controller that extension of time within which to report has been granted
Additional fee for late	$28
lodgment
91	Sch 4 cl 14 (5)	Lodgment of copy of court	Nil
order that extension of time within which to report has been granted
Additional fee for late	$28
lodgment
92	Sch 4 cl 17 (1)	Lodgment of controller’s account:

(a) on or before the due date Nil

(b)	more than 1 day but less	$82
than 28 days after the due date
(c)	28 days or more after the	$166
due date

2002 No 85

Co-operatives Amendment (Fees) Regulation 2002

Amendment Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Section of Act	Type of fee	Amount
93	—	Lodgment of any other	Nil
document under the Act
—	Additional fee for late	$28
lodgment
94	—	Lodgment of any other	Nil
document under the Corporations Act (as adopted by the Act)

* Fees payable to the co-operative

BY AUTHORITY