Co-operatives Amendment (Fees) Regulation 2004 (NSW)

2004 No 352

New South Wales

Co-operatives Amendment (Fees)

Regulation 2004

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 certain 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 25 June 2004, page 4463	Page 1
2004 No 352
Clause 1	Co-operatives Amendment (Fees) Regulation 2004

Co-operatives Amendment (Fees) Regulation 2004

under the

Co-operatives Act 1992

1      Name of Regulation

This Regulation is the Co-operatives Amendment (Fees) Regulation

2004.

2 Commencement

This Regulation commences on 1 July 2004.

3      Amendment of Co-operatives Regulation 1997

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

2004 No 352

Co-operatives Amendment (Fees) Regulation 2004

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	$116 non-
registration—proposed co-operative	trading $175 trading
2	24	Application to Registrar for	$175
registration—existing body corporate
3	28G	Issue of duplicate certificate	$25
4	67 (2)	Application for Registrar’s certificate	$30
5	76A (2)	Application for Registrar’s consent	$59
6	108 (3)	Copy of rules	$6 for the first page and $1 for each page thereafter to
a maximum of $58 per document
7	113 (2)	Application for registration of rule	$12 per rule
alteration	to a maximum of $77

2004 No 352

Co-operatives Amendment (Fees) Regulation 2004

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
Act
8	113 (5)	Issue of certificate of registration of	$30
rule alteration
9	125 (1)	Application to Council for review	$59
10	126 (3)	Application to Registrar for	$116
determination of a member’s eligibility to vote
11	136 (6)	Application to Council for reduction	$234
in period for repayment
12	143	Application to Minister for exemption	$234
13	145 (1)	Application to Council for approval	$59
to convert to a co-operative without share capital
14	155 (3) (a)	Application to Registrar for approval	$234
of disclosure statement
15	177 (1) (a)	Application to Council for approval	$234
of rules restricting voting rights
16	178 (2)	Application to Council for review of	$234
voting entitlement
17	192 (2) (c)	Lodgment of special resolution (not	$12 per
involving alteration of rules)	resolution to a maximum of $77
18	194 (3)	Application to Registrar for approval	$234
of disclosure statement
19	216 (3) (b)	Application to Council for approval	$59
of co-operative to have employee director

2004 No 352

Co-operatives Amendment (Fees) Regulation 2004

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	$234
exemption
22	250 (1) (d)	Approval of office where register is to	$30
be kept
23*	251 (5)	Obtaining copy of an entry in the	$6 for the
Register	first page and $1 for each page thereafter to
a maximum of $58 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	$87
28 days after the due date
(c)	28 days or more after the due	$175
date

25	255 (5) (g)	Application to Registrar for	$292
exemption to use the word “Co-operative” or abbreviation
26	257 (e)	Application to Registrar for approval	$30
of abbreviation or elaboration of name

2004 No 352

Co-operatives Amendment (Fees) Regulation 2004

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	$59
of change of name
28	261 (3)	Lodgment of notice of change of	Nil
address
29	266 (1)	Lodgment of disclosure document	$1,752
under sections 706, 707, 721 and 727 of the Corporations Act (as applied by section 266 of the Act)
30	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)
31	266 (1)	Lodgment of disclosure document	$234
under section 707 of the Corporations Act (as applied by section 266 of the Act) relating to sale of unquoted
securities
32	266 (4)	Application to Registrar for	$234
exemption
33	266A (2)	Application to Registrar for approval	$234
of disclosure statement
34	268 (3) (a)	Application to Registrar for approval	$234
of disclosure statement
35	273 (1) (c)	Application to Registrar for approval	$234
of terms of issue of CCUs
36	285 (2)	Application to Council for exemption	$234

2004 No 352

Co-operatives Amendment (Fees) Regulation 2004

Amendment Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
Act
37	289 (3)	Application to Council for approval	$234
of maximum share interest
38*	294 (2) (b)	Inspection of register of notifiable	$30
interests
39	298	Application to Registrar for	$234
exemption
40	300 (1)	Application to Council for approval	$234
of share offer
41	302 (4)	Application to Registrar for extension	$59
of period of share offer
42	308	Application to Council for exemption	$234
43	311 (2)	Application for Registrar’s consent	$59
44	311A (2)	Application to Registrar for approval	$234
of disclosure statement
45	311B (1)	Application to Registrar for approval	$59
of merger or transfer of engagements
46	312	Application to Council for exemption	$59
47	316 (4)	Application to Council for exemption	$234
48	325	Application to Registrar to exercise	$59
powers conferred by section 601AE or 601AF of the Corporations Act (as applied by section 325 of the Act)
49	326 (2)	Application to Council for exemption	$59
50	346 (1) (a)	Application for Registrar’s	$59
permission

2004 No 352

Co-operatives Amendment (Fees) Regulation 2004

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
Act
51	348 (1) (f)	Application to Registrar for direction	$234
52	355 (1)	Application to Registrar for approval	$583
of explanatory statement
53	357 (5)	Lodgment of copy of order	$30
Additional fee for late lodgment	$59
54	369E (2) (f)	Application to Registrar for	$234
registration—participating co-operative
55	369F (2) (d)	Application to Registrar for	$583
registration—non-participating co-operative
56	369K	Lodgment of particulars of alteration	$30
Additional fee for late lodgment	$59
57	369L (1)	Lodgment of balance sheet:

(a)	on or before the due date	Nil
(b)	more than 1 day but less than	$87
28 days after the due date
(c)	28 days or more after the due	$175
date

58	369M (1)	Lodgment of notice of cessation of	Nil
business—foreign co-operative
59	369N (1)	Application to Registrar for	$701
certificate of compliance
60	369Q (3) (a)	Application for Registrar’s consent	$234

2004 No 352

Co-operatives Amendment (Fees) Regulation 2004

Amendment Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
Act
61	369R (2)	Application to Registrar for approval	$234
of disclosure statement
62	369R (4)	Application to Registrar for	$234
exemption
63	369S (1)	Application to Registrar for approval	$234
of merger or transfer of engagements
64	402 (1) (a)	Application to Registrar for special	$234
meeting
65	402 (1) (b)	Application to Registrar for inquiry	$583
66	408 (1)	Application to Registrar for extension	$59
or abridgment of time
67	413A (1) (a)	Inspection of Register	$12
68	413A (1) (b)	Inspection of prescribed document	$12
69	413A (1) (c)	Certified copy of a document	$13 for the first page and $2 for each page thereafter to a maximum of $69 per document
70	440A (2) (c)	Application to Registrar for	$59
permission to give notice by newspaper
71	Sch 3	Lodgment of notice of charge	$59
cl 13 (1)

2004 No 352

Co-operatives Amendment (Fees) Regulation 2004

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
Act
72	Sch 3 cl 17	Lodgment of notice of acquisition of	$59
(1) (a)	property subject to charge
73	Sch 3 cl 20	Application to Registrar for extension	$59
(3) (c)	of time
74	Sch 3 cl 36	Lodgment of notice of assignment of	$59
(1)	charge
75	Sch 3 cl 36	Lodgment of notice of variation of	$59
(2)	terms of charge
76	Sch 3 cl 37	Lodgment of memorandum of	$30
(2)	discharge
77	Sch 3 cl 42	Request for certificate	Nil
(1) and (3)
78	Sch 3 cl 44	Application to Registrar for	$234
exemption
79	Sch 4 cl 3	Application to Registrar for direction	$234
(1) (f)
80	Sch 4 cl 6A	Lodgment of managing controller’s
(2)	report:

(a)	on or before the due date	Nil
(b)	more than 1 day but less than	$87
28 days after the due date
(c)	28 days or more after the due	$175
date

81	Sch 4 cl 6A	Inspection of managing controller’s	$12
(3) (b)	report

2004 No 352

Co-operatives Amendment (Fees) Regulation 2004

Amendment Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
Act
82	Sch 4 cl 7	Lodgment of receiver’s report	Nil
(1) (c)
83	Sch 4 cl 12	Lodgment of notice of order	Nil
(1) (a)
Additional fee for late lodgment	$30
84	Sch 4 cl 12	Lodgment of notice of appointment of	Nil
(2) (a)	controller
Additional fee for late lodgment	$30
85	Sch 4 cl 12	Lodgment of notice that person has	Nil
(3) (a)	entered into possession or taken control of property of co-operative
Additional fee for late lodgment	$30
86	Sch 4 cl 12	Lodgment of notice of change in	Nil
(5)	situation of controller’s officer
Additional fee for late lodgment	$30
87	Sch 4 cl 12	Lodgment of notice of cessation as	Nil
(6) (a)	controller
Additional fee for late lodgment	$30
88	Sch 4 cl 14	Lodgment of copy of controller’s	Nil
(2) (c)	report
Additional fee for late lodgment	$30

2004 No 352

Co-operatives Amendment (Fees) Regulation 2004

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Item	Section of	Type of fee	Amount
Act
89	Sch 4 cl 14	Lodgment of notice by controller that	Nil
(4)	extension of time within which to report has been granted
Additional fee for late lodgment	$30
90	Sch 4 cl 14	Lodgment of copy of court order that	Nil
(5)	extension of time within which to report has been granted
Additional fee for late lodgment	$30
91	Sch 4 cl 17	Lodgment of controller’s financial
(1)	statement:

(a)	on or before the due date	Nil
(b)	more than 1 day but less than	$87
28 days after the due date
(c)	28 days or more after the due	$175
date

92	Lodgment of any other document	Nil
under the Act
Additional fee for late lodgment	$30
93	Lodgment of any other document	Nil
under the Corporations Act as adopted by the Act

*Fees payable to the co-operative

BY AUTHORITY