Co-operatives Amendment (Fees) Regulation 2006 (NSW)

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2006 No 312

New South Wales

Co-operatives Amendment (Fees)

Regulation 2006

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.

DIANE BEAMER, 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 generally 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 82 of 23 June 2006, page 4596 Page 1
2006 No 312
Clause 1 Co-operatives Amendment (Fees) Regulation 2006

Co-operatives Amendment (Fees) Regulation 2006

under the

Co-operatives Act 1992

1      Name of Regulation

This Regulation is the Co-operatives Amendment (Fees) Regulation
2006.

2      Commencement

This Regulation commences on 1 July 2006.

3 Amendment of Co-operatives Regulation 2005

The Co-operatives Regulation 2005 is amended as set out in Schedule 1.

2006 No 312

Co-operatives Amendment (Fees) Regulation 2006

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
Section of
Item Act Type of fee Amount
1 19 Application to Registrar for $122

registration—proposed co-operative

non-trading $185 trading

2 24 Application to Registrar for $185
registration—existing body
corporate
3 28G Issue of duplicate certificate $32
4 67 (2) Application for Registrar’s $32
certificate
5 76A (2) Application for Registrar’s consent $63

6

108 (3)

Copy of rules

$15 for the first page and $1 for each page

thereafter
7 113 (2) Application for registration of rule $13 per rule to a
alteration maximum of
$123
8 113 (5) Issue of certificate of registration of $32
rule alteration
9 125 (1) Application to Council for review $63
10 126 (3) Application to Registrar for $122
determination of a member’s
eligibility to vote
11 136 (6) Application to Council for reduction $246
in period for repayment

2006 No 312

Co-operatives Amendment (Fees) Regulation 2006

Schedule 1 Amendment
Column 1 Column 2 Column 3 Column 4
Section of
Item Act Type of fee Amount
12 143 Application to Minister for $246
exemption
13 145 (1) Application to Council for approval $63
to convert to a co-operative without
share capital
14 155 (3) (a) Application to Registrar for approval $246
of disclosure statement
15 172 (3) Application to Council for $246
exemption regarding purchase and
repayment of shares
16 177 (1) (a) Application to Council for approval $246
of rules restricting voting rights
17 178 (2) Application to Council for review of $246
voting entitlement
18 192 (2) (c) Lodgment of special resolution (not $13 per
involving alteration of rules) resolution to a
maximum of
$123
19 192A (3) Issue of certificate of registration of $32
special resolution
20 194 (3) Application to Registrar for approval $246
of disclosure statement
21 212 (1) (c) Application to Registrar for approval $63
to fill a casual vacancy on a board in
an alternative manner
22 216 (3) (b) Application to Council for approval $63
of co-operative to have employee
director
23 243 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)

24 244 (1) Application to Registrar for $246
exemption
25 250 (1) (d) Approval of office where register is $32
to be kept
2006 No 312

Co-operatives Amendment (Fees) Regulation 2006

Amendment Schedule 1
Column 1 Column 2 Column 3 Column 4
Section of
Item Act Type of fee Amount
26* 251 (5) Obtaining copy of an entry in the $7 for the first
Register page and $1 for
each page
thereafter to a
maximum of
$62 per
document
27 252 (1) Lodgment of annual report:
(a) on or before the due date Nil
(b) more than 1 day but less than $91
28 days after the due date
(c) 28 days or more after the due $185

date

exemption to use the word
“Co-operative” or abbreviation

28 255 (5) (g) Application to Registrar for $308
29 256 Application to Registrar for approval $63
of the omission of the word
“Limited” or abbreviation
30 257 (e) Application to Registrar for approval $32
of abbreviation or elaboration of
name
31 259 (1) Application to Registrar for approval $63
of change of name
32 261 (3) Lodgment of notice of change of Nil
address
33 266 (1) Lodgment of disclosure document $1,843

under sections 706, 707, 721 and 727 of the Corporations Act (as applied by section 266 of the Act)

34 266 (1) Lodgment of supplementary or Nil
replacement disclosure document
under section 719 of the
Corporations Act (as applied by
section 266 of the Act)

2006 No 312

Co-operatives Amendment (Fees) Regulation 2006

Schedule 1 Amendment
Column 1 Column 2 Column 3 Column 4
Section of
Item Act Type of fee Amount
35 266 (1) Lodgment of disclosure document $246

under section 707 of the section 266 of the Act) relating to sale of unquoted securities

36 266 (4) Application to Registrar for $246
exemption
37 266A (2) Application to Registrar for approval $246
of disclosure statement
38 268 (3) (a) Application to Registrar for approval $246
of disclosure statement
39 273 (1) (c) Application to Registrar for approval $246
of terms of issue of CCUs
40 282 (3) Application to Registrar for approval $246
of limited dividend amount or rate in
excess of prescribed amount
41 285 (2) Application to Council for $246
exemption
42 289 (3) Application to Council for approval $246
of maximum share interest
43* 294 (2) (b) Inspection of register of notifiable $32
interests
44 298 Application to Registrar for $246
exemption
45 300 (1) Application to Council for approval $246
of share offer
46 302 (4) Application to Registrar for $63
extension of period of share offer
47 308 Application to Council for $246
exemption
48 311 (2) Application for Registrar’s consent $63
49 311A (2) Application to Registrar for approval $246
of disclosure statement
50 311B (1) Application to Registrar for approval $63
of merger or transfer of engagements
2006 No 312

Co-operatives Amendment (Fees) Regulation 2006

Amendment Schedule 1
Column 1 Column 2 Column 3 Column 4
Section of
Item Act Type of fee Amount
51 312 Application to Council for $63
exemption
52 316 (4) Application to Council for $246
exemption
53 325 Application to Registrar to exercise $63

powers conferred by section 601AE or 601AF of the Corporations Act (as applied by section 325 of the Act)

54 326 (2) Application to Council for $63
exemption
55 346 (1) (a) Application for Registrar’s $63
permission
56 348 (1) (f) Application to Registrar for direction $246
57 355 (1)
Application to Registrar for approval $1,843
of explanatory statement
58 357 (5)
Lodgment of copy of order $32
Additional fee for late lodgment $63
59 369E (2) (f)
Application to Registrar for $246
registration—participating
co-operative
60 369F (2) (d)
Application to Registrar for $613
registration—non-participating
co-operative
61 369K Lodgment of particulars of alteration $32
Additional fee for late lodgment $63
62 369L (1) Lodgment of balance sheet:
(a) on or before the due date Nil
(b) more than 1 day but less than $91

28 days after the due date

(c) 28 days or more after the due $185
date
63 369M (1) Lodgment of notice of cessation of Nil
business—foreign co-operative
64 369N (1) Application to Registrar for $737
certificate of compliance

2006 No 312

Co-operatives Amendment (Fees) Regulation 2006

Schedule 1 Amendment
Column 1 Column 2 Column 3 Column 4
Section of
Item Act Type of fee Amount
65 369Q (3) (a) Application for Registrar’s consent $246
66 369R (2) Application to Registrar for approval $246
of disclosure statement
67 369R (4) Application to Registrar for $246
exemption
68 369S (1) Application to Registrar for approval $246
of merger or transfer of engagements
69 402 (1) (a) Application to Registrar for special $246
meeting
70 402 (1) (b) Application to Registrar for inquiry $613
71 408 (1) Application to Registrar for $63
extension or abridgment of time
72 413A (1) (a) Inspection of Register $15
73 413A (1) (b) Inspection of prescribed document $15

74

413A (1) (c)

Certified copy of a document

$16 for the first page and $2 for each page

thereafter
75 421 (1A) Application to Registrar for $63
certificate of compliance
76 421 (1B) Application to Registrar for $32
certificate stating that a body was not
or had ceased to be registered as a
co-operative
77 440A (2) (c) Application to Registrar for $63
permission to give notice by
newspaper
78 Sch 3 cl 13 (1) Lodgment of notice of charge $63
79 Sch 3 cl 17 (1) Lodgment of notice of acquisition of $63
(a) property subject to charge
80 Sch 3 cl 20 (3) Application to Registrar for $63
(c) extension of time
81 Sch 3 cl 36 (1) Lodgment of notice of assignment of $63
charge
82 Sch 3 cl 36 (2) Lodgment of notice of variation of $63
terms of charge
2006 No 312

Co-operatives Amendment (Fees) Regulation 2006

Amendment Schedule 1
Column 1 Column 2 Column 3 Column 4
Section of
Item Act Type of fee Amount
83 Sch 3 cl 37 (2) Lodgment of memorandum of $32
discharge
84 Sch 3 cl 42 (1) Request for certificate Nil
and (3)
85 Sch 3 cl 44 Application to Registrar for $246
exemption
86 Sch 4 cl 3 (1) Application to Registrar for direction $246
(f)

87                  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 than $91
28 days after the due date
(c) 28 days or more after the due $185
date
88 Sch 4 cl 6A (3) Inspection of managing controller’s $13
(b) report
89 Sch 4 cl 7 (1) Lodgment of receiver’s report Nil
(c)
90 Sch 4 cl 12 (1) Lodgment of notice of order Nil
(a)
Additional fee for late lodgment $32
91 Sch 4 cl 12 (2) Lodgment of notice of appointment Nil
(a) of controller
Additional fee for late lodgment $32
92 Sch 4 cl 12 (3) Lodgment of notice that person has Nil

(a)

entered into possession or taken control of property of co-operative

Additional fee for late lodgment $32
93 Sch 4 cl 12 (5) Lodgment of notice of change in Nil
situation of controller’s officer
Additional fee for late lodgment $32
94 Sch 4 cl 12 (6) Lodgment of notice of cessation as Nil
(a) controller
2006 No 312 Co-operatives Amendment (Fees) Regulation 2006
Schedule 1 Amendment
Column 1 Column 2 Column 3 Column 4
Section of
Item Act Type of fee Amount
Additional fee for late lodgment $32
95 Sch 4 cl 14 (2) Lodgment of copy of controller’s Nil
(c) report
Additional fee for late lodgment $32
96 Sch 4 cl 14 (4) Lodgment of notice by controller Nil
that extension of time within which
to report has been granted
Additional fee for late lodgment $32
97 Sch 4 cl 14 (5) Lodgment of copy of court order that Nil
extension of time within which to
report has been granted
Additional fee for late lodgment $32
98 Sch 4 cl 17 (1) Lodgment of controller’s financial
statement:
(a) on or before the due date Nil
(b) more than 1 day but less than $91
28 days after the due date
(c) 28 days or more after the due $185
date
99 Lodgment of any other document Nil
under the Act
Additional fee for late lodgment $32
100 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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