Co-operatives Amendment (Fees) Regulation 2003 (NSW)

2003 No 384

New South Wales

Co-operatives Amendment (Fees)

Regulation 2003

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.

REBA PAIGE MEAGHER, 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. The fee increases are in line with movements in the Consumer Price Index.

This Regulation is made under the Co-operatives Act 1992, including section 446 (the general regulation-making power).

Published in Gazette No 104 of 27 June 2003, page 6033	Page 1
2003 No 384
Clause 1	Co-operatives Amendment (Fees) Regulation 2003

Co-operatives Amendment (Fees) Regulation 2003

under the

Co-operatives Act 1992

1      Name of Regulation

This Regulation is the Co-operatives Amendment (Fees)

Regulation 2003.

2 Commencement

This Regulation commences on 1 July 2003.

3      Amendment of Co-operatives Regulation 1997

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

Schedule 1.

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2003 No 384

Co-operatives Amendment (Fees) Regulation 2003

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	Type of fee	Amount
Act
1	19	Application to Registrar for	$113 non-
registration—proposed co-operative	trading $171 trading
2	24	Application to Registrar for	$171
registration—existing body corporate
3	28G	Issue of duplicate certificate	$24
4	67 (2)	Application for Registrar’s	$29
certificate
5	76A (2)	Application for Registrar’s consent	$58
6	108 (3)	Copy of rules	$6 for the first page and $1 for each page
thereafter to a maximum of $57 per document
7	113 (2)	Application for registration of rule	$12 per rule to a
alteration	maximum of $75
8	113 (5)	Issue of certificate of registration of	$29
rule alteration

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2003 No 384

Co-operatives Amendment (Fees) Regulation 2003

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
Act
9	125 (1)	Application to Council for review	$58
10	126 (3)	Application to Registrar for	$113
determination of a member’s eligibility to vote
11	136 (6)	Application to Council for reduction	$229
in period for repayment
12	143	Application to Minister for	$229
exemption
13	145 (1)	Application to Council for approval	$58
to convert to a co-operative without share capital
14	155 (3) (a)	Application to Registrar for approval	$229
of disclosure statement
15	177 (1) (a)	Application to Council for approval	$229
of rules restricting voting rights
16	178 (2)	Application to Council for review of	$229
voting entitlement
17	192 (2) (c)	Lodgment of special resolution (not	$12 per
involving alteration of rules)	resolution to a maximum of $75
18	194 (3)	Application to Registrar for approval	$229
of disclosure statement
19	216 (3) (b)	Application to Council for approval	$58
of co-operative to have employee director

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2003 No 384

Co-operatives Amendment (Fees) Regulation 2003

Amendment Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
Act
20	243	Lodgment by a disclosing entity that	Nil
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	$229
exemption
22	250 (1) (d)	Approval of office where register is	$29
to be kept
23*	251 (5)	Obtaining copy of an entry in the	$6 for the first
Register	page and $1 for each page thereafter to a maximum of $57 per document
24	252 (1)	Lodgment of annual report:

(a)	on or before the due date	Nil
(b)	more than 1 day but less than	$85
28 days after the due date
(c)	28 days or more after the due	$171
date

25	255 (5) (g)	Application to Registrar for	$285
exemption to use the word “Co- operative” or abbreviation
26	257 (e)	Application to Registrar for approval	$29
of abbreviation or elaboration of name

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2003 No 384

Co-operatives Amendment (Fees) Regulation 2003

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
Act
27	259 (1)	Application to Registrar for approval	$58
of change of name
28	261 (3)	Lodgment of notice of change of	Nil
address
29	266 (1)	Lodgment by unlisted disclosing	Nil
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 document	$1,712
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 or	Nil
replacement disclosure document under section 719 of the Corporations Act (as applied by section 266 of the Act)
32	266 (1)	Lodgment of disclosure document	$229
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	$229
exemption
34	266A (2)	Application to Registrar for approval	$229
of disclosure statement
35	268 (3) (a)	Application to Registrar for approval	$229
of disclosure statement

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2003 No 384

Co-operatives Amendment (Fees) Regulation 2003

Amendment Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
Act
36	273 (1) (c)	Application to Registrar for approval	$229
of terms of issue of CCUs
37	285 (2)	Application to Council for	$229
exemption
38	289 (3)	Application to Council for approval	$229
of maximum share interest
39*	294 (2) (b)	Inspection of register of notifiable	$29
interests
40	298	Application to Registrar for	$229
exemption
41	300 (1)	Application to Council for approval	$229
of share offer
42	302 (4)	Application to Registrar for	$58
extension of period of share offer
43	308	Application to Council for	$229
exemption
44	311 (2)	Application for Registrar’s consent	$58
45	311A (2)	Application to Registrar for approval	$229
of disclosure statement
46	311B (1)	Application to Registrar for approval	$58
of merger or transfer of engagements
47	312	Application to Council for	$58
exemption
48	316 (4)	Application to Council for	$229
exemption

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2003 No 384

Co-operatives Amendment (Fees) Regulation 2003

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
Act
49	325	Application to Registrar to exercise	$58
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	$58
exemption
51	346 (1) (a)	Application for Registrar’s	$58
permission
52	348 (1) (f)	Application to Registrar for direction	$229
53	355 (1)	Application to Registrar for approval	$570
of explanatory statement
54	357 (5)	Lodgment of copy of order	$29
Additional fee for late lodgment	$58
55	369E (2) (f)	Application to Registrar for	$229
registration—participating co- operative
56	369F (2) (d)	Application to Registrar for	$570
registration—non-participating co- operative
57	369K	Lodgment of particulars of alteration	$29
Additional fee for late lodgment	$58
58	369L (1)	Lodgment of balance sheet:

(a)	on or before the due date	Nil
(b)	more than 1 day but less than	$85
28 days after the due date

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2003 No 384

Co-operatives Amendment (Fees) Regulation 2003

Amendment Schedule 1

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

(c)	28 days or more after the due	$171
date

59	369M (1)	Lodgment of notice of cessation of	Nil
business—foreign co-operative
60	369N (1)	Application to Registrar for	$685
certificate of compliance
61	369Q (3) (a)	Application for Registrar’s consent	$229
62	369R (2)	Application to Registrar for approval	$229
of disclosure statement
63	369R (4)	Application to Registrar for	$229
exemption
64	369S (1)	Application to Registrar for approval	$229
of merger or transfer of engagements
65	402 (1) (a)	Application to Registrar for special	$229
meeting
66	402 (1) (b)	Application to Registrar for inquiry	$570
67	408 (1)	Application to Registrar for	$58
extension or abridgment of time
68	413A (1) (a)	Inspection of Register	$12
69	413A (1) (b)	Inspection of prescribed document	$12
70	413A (1) (c)	Certified copy of a document	$12 for the first page and $2 for each page
thereafter to a maximum of $67 per document

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2003 No 384

Co-operatives Amendment (Fees) Regulation 2003

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
Act
71	440A (2) (c)	Application to Registrar for	$58
permission to give notice by newspaper
72	Sch 3	Lodgment of notice of charge	$58
cl 13 (1)
73	Sch 3	Lodgment of notice of acquisition of	$58
cl 17 (1) (a)	property subject to change
74	Sch 3	Application to Registrar for	$58
cl 20 (3) (c)	extension of time
75	Sch 3	Lodgment of notice of assignment of	$58
cl 36 (1)	charge
76	Sch 3	Lodgment of notice of variation of	$58
cl 36 (2)	terms of charge
77	Sch 3	Lodgment of memorandum of	$29
cl 37 (2)	discharge
78	Sch 3	Request of certificate	Nil
cl 42 (1) and (3)
79	Sch 3 cl 44	Application to Registrar for	$229
exemption
80	Sch 4	Application to Registrar for direction	$229
cl 3 (1) (f)
81	Sch 4	Lodgment of managing controller’s
cl 6A (2)	report:

(a)	on or before the due date	Nil
(b)	more than 1 day but less than	$85
28 days after the due date

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2003 No 384

Co-operatives Amendment (Fees) Regulation 2003

Amendment Schedule 1

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

(c)	28 days or more after the due	$171
date

82	Sch 4	Inspection of managing controller’s	$12
cl 6A (3) (b)	report
83	Sch 4	Lodgment of receiver’s report	Nil
cl 7 (1) (c)
84	Sch 4	Lodgment of notice of order	Nil
cl 12 (1) (a)
Additional fee for late lodgment	$29
85	Sch 4	Lodgment of notice of appointment	Nil
cl 12 (2) (a)	of controller
Additional fee for late lodgment	$29
86	Sch 4	Lodgment of notice that person has	Nil
cl 12 (3) (a)	entered into possession or taken control of property of co-operative
Additional fee for late lodgment	$29
87	Sch 4	Lodgment of notice of change in	Nil
cl 12 (5)	situation of controller’s officer
Additional fee for late lodgment	$29
88	Sch 4	Lodgment of notice of cessation as	Nil
cl 12 (6) (a)	controller
Additional fee for late lodgment	$29
89	Sch 4	Lodgment of copy of controller’s	Nil
cl 14 (2) (c)	report
Additional fee for late lodgment	$29

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2003 No 384

Co-operatives Amendment (Fees) Regulation 2003

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
Act
90	Sch 4	Lodgment of notice by controller	Nil
cl 14 (4)	that extension of time within which to report has been granted
Additional fee for late lodgment	$29
91	Sch 4	Lodgment of copy of court order that	Nil
cl 14 (5)	extension of time within which to report has been granted
Additional fee for late lodgment	$29
92	Sch 4	Lodgment of controller’s account:
cl 17 (1)

(a)	on or before the due date	Nil
(b)	more than 1 day but less than	$85
28 days after the due date
(c)	28 days or more after the due	$171
date

93	—	Lodgment of any other document	Nil
under the Act
—	Additional fee for late lodgment	$29
94	—	Lodgment of any other document	Nil
under the Corporations Act as adopted by the Act

* Fees payable to the co-operative

BY AUTHORITY

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