Co-operatives Amendment (Fees) Regulation 2007 (NSW)

2007 No 341

New South Wales

Co-operatives Amendment (Fees)

Regulation 2007

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.

LINDA BURNEY, 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 Act). Most of the fee increases are generally in line with movements in the Consumer Price Index.
This Regulation also introduces the following 3 new fees:

(a)	a fee of $126 for an application to the Co-operatives Council for an order (under section 129 of the Act) in respect of the cancellation of the person’s membership under section 127 of the Act,
(b)	a fee of $318 for an application for exemption from the restriction on the use of the words “co-operative” and “co-op” and words importing a similar meaning under section 260 (3) of the Act,
(c)	a fee of $33 for a request for a certificate setting out the particulars of a charge as set out in the Register of Co-operative Charges under clause 42 (1) and (3) of Schedule 3 to the Act.

This Regulation is made under the Co-operatives Act 1992, including section 446 (the general regulation-making power) and, in particular, section 446 (2) (c).

Published in Gazette No 92 of 20 July 2007, page 4670	Page 1
2007 No 341
Clause 1	Co-operatives Amendment (Fees) Regulation 2007

Co-operatives Amendment (Fees) Regulation 2007

under the

Co-operatives Act 1992

1      Name of Regulation

This Regulation is the Co-operatives Amendment (Fees) Regulation
2007.

2      Commencement

This Regulation commences on 20 July 2007.

3 Amendment of Co-operatives Regulation 2005

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

2007 No 341

Co-operatives Amendment (Fees) Regulation 2007

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	$126 non-trading
registration—proposed co-operative	$191 trading
2	24	Application to Registrar for	$191
registration—existing body corporate
3	28G	Issue of duplicate certificate	$33
4	67 (2)	Application for Registrar’s certificate	$33
5	76A (2)	Application for Registrar’s consent	$65
6	108 (3)	Copy of rules	$16 for the first page and $1 for each page
thereafter
7	113 (2)	Application for registration of rule	$14 per rule to a
alteration	maximum of $127
8	113 (5)	Issue of certificate of registration of	$33
rule alteration
9	125 (1)	Application to Council for review	$65
10	126 (3)	Application to Registrar for	$126
determination of a member’s eligibility to vote
11	127 (5)	Application to the Co-operatives	$126
Council for an order against cancellation of membership
12	136 (6)	Application to Council for reduction	$254
in period for repayment

2007 No 341

Co-operatives Amendment (Fees) Regulation 2007

Schedule 1 Amendment

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
Act

13

143

Application to Minister for exemption $254

14

145 (1)

Application to Council for approval to $65

convert to a co-operative without
share capital

15

155 (3) (a)

Application to Registrar for approval $254

of disclosure statement

16

172 (3)

Application to Council for exemption $254

regarding purchase and repayment of
shares

17

177 (1) (a)

Application to Council for approval of $254

rules restricting voting rights

18

178 (2)

Application to Council for review of $254

voting entitlement

19

192 (2) (c)

Lodgment of special resolution (not	$14 per
involving alteration of rules)	resolution to a maximum of $127

20

192A (3)

Issue of certificate of registration of $33

special resolution

21

194 (3)

Application to Registrar for approval $254

of disclosure statement

22

212 (1) (c)

Application to Registrar for approval $65

to fill a casual vacancy on a board in
an alternative manner

23

216 (3) (b)

Application to Council for approval of $65

co-operative to have employee
director

24

243

Lodgment by a disclosing entity that is Nil

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)

25

244 (1)

Application to Registrar for $254

exemption

26

250 (1) (d)

Approval of office where register is to $33

be kept

2007 No 341

Co-operatives Amendment (Fees) Regulation 2007

Amendment Schedule 1

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
Act
27*	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 $64 per document
28	252 (1)	Lodgment of annual report:

(a)	on or before the due date	Nil
(b)	more than 1 day but less than	$94
28 days after the due date
(c)	28 days or more after the due	$191

date

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

29	255 (5) (g)	Application to Registrar for	$318
30	256	Application to Registrar for approval	$65
of the omission of the word “Limited” or abbreviation
31	257 (e)	Application to Registrar for approval	$33
of abbreviation or elaboration of name
32	259 (1)	Application to Registrar for approval	$65
of change of name
33	260 (3)	Application to Registrar for	$318
exemption from the restriction on the use of the words “co-operative” and “co-op” and words importing a similar
meaning
34	261 (3)	Lodgment of notice of change of	Nil
address
35	266 (1)	Lodgment of disclosure document	$1,902
under sections 706, 707, 721 and 727 of the Corporations Act (as applied by section 266 of the Act)
36	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)

2007 No 341

Co-operatives Amendment (Fees) Regulation 2007

Schedule 1 Amendment

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
Act
37	266 (1)	Lodgment of disclosure document	$254
under section 707 of the Corporations Act (as applied by section 266 of the Act) relating to sale of unquoted
securities
38	266 (4)	Application to Registrar for	$254
exemption
39	266A (2)	Application to Registrar for approval	$254
of disclosure statement
40	268 (3) (a)	Application to Registrar for approval	$254
of disclosure statement
41	273 (1) (c)	Application to Registrar for approval	$254
of terms of issue of CCUs
42	282 (3)	Application to Registrar for approval	$254
of limited dividend amount or rate in excess of prescribed amount
43	285 (2)	Application to Council for exemption	$254
44	289 (3)	Application to Council for approval of	$254
maximum share interest
45*	294 (2) (b)	Inspection of register of notifiable	$33
interests
46	298	Application to Registrar for	$254
exemption
47	300 (1)	Application to Council for approval of	$254
share offer
48	302 (4)	Application to Registrar for extension	$65
of period of share offer
49	308	Application to Council for exemption	$254
50	311 (2)	Application for Registrar’s consent	$65
51	311A (2)	Application to Registrar for approval	$254
of disclosure statement
52	311B (1)	Application to Registrar for approval	$65
of merger or transfer of engagements
53	312	Application to Council for exemption	$65
54	316 (4)	Application to Council for exemption	$254
2007 No 341

Co-operatives Amendment (Fees) Regulation 2007

Amendment Schedule 1

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
Act
55	325	Application to Registrar to exercise	$65
powers conferred by section 601AE or 601AF of the Corporations Act (as applied by section 325 of the Act)
56	326 (2)	Application to Council for exemption	$65

57

346 (1) (a)

Application for Registrar’s permission $65

58

348 (1) (f)

Application to Registrar for direction $254

59

355 (1)

Application to Registrar for approval $1,902

of explanatory statement

60

357 (5)

Lodgment of copy of order	$33
Additional fee for late lodgment	$65

61

369E (2) (f)

Application to Registrar for $254

registration—participating
co-operative

62

369F (2) (d)

Application to Registrar for $632

registration—non-participating
co-operative

63

369K

Lodgment of particulars of alteration	$33
Additional fee for late lodgment	$65

64

369L (1)

Lodgment of balance sheet:

(a)	on or before the due date	Nil
(b)	more than 1 day but less than	$94

28 days after the due date

(c)	28 days or more after the due	$191
date

65	369M (1)	Lodgment of notice of cessation of	Nil
business—foreign co-operative
66	369N (1)	Application to Registrar for certificate	$760
of compliance
67	369Q (3) (a)	Application for Registrar’s consent	$254
68	369R (2)	Application to Registrar for approval	$254
of disclosure statement
69	369R (4)	Application to Registrar for	$254
exemption

2007 No 341

Co-operatives Amendment (Fees) Regulation 2007

Schedule 1 Amendment

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
Act
70	369S (1)	Application to Registrar for approval	$254
of merger or transfer of engagements
71	402 (1) (a)	Application to Registrar for special	$254
meeting
72	402 (1) (b)	Application to Registrar for inquiry	$632
73	408 (1)	Application to Registrar for extension	$65
or abridgment of time
74	413A (1) (a)	Inspection of Register	$16
75	413A (1) (b)	Inspection of prescribed document	$16
76	413A (1) (c)	Certified copy of a document	$17 for the first page and $2 for each page
thereafter
77	421 (1A)	Application to Registrar for certificate	$65
of compliance
78	421 (1B)	Application to Registrar for certificate	$33
stating that a body was not or had ceased to be registered as a co-operative
79	440A (2) (c)	Application to Registrar for	$65
permission to give notice by newspaper
80	Sch 3 cl 13	Lodgment of notice of charge	$65
(1)
81	Sch 3 cl 17	Lodgment of notice of acquisition of	$65
(1) (a)	property subject to charge
82	Sch 3 cl 20	Application to Registrar for extension	$65
(3) (c)	of time
83	Sch 3 cl 36	Lodgment of notice of assignment of	$65
(1)	charge
84	Sch 3 cl 36	Lodgment of notice of variation of	$65
(2)	terms of charge
85	Sch 3 cl 37	Lodgment of memorandum of	$65
(2)	discharge
86	Sch 3 cl 42	Request for certificate	$33
(1) and (3)
2007 No 341

Co-operatives Amendment (Fees) Regulation 2007

Amendment Schedule 1

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
Act
87	Sch 3 cl 44	Application to Registrar for	$254
exemption
88	Sch 4 cl 3 (1)	Application to Registrar for direction	$254
(f)
89	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	$94
28 days after the due date
(c)	28 days or more after the due	$191
date

90	Sch 4 cl 6A	Inspection of managing controller’s	$16
(3) (b)	report
91	Sch 4 cl 7 (1)	Lodgment of receiver’s report	Nil
(c)
92	Sch 4 cl 12	Lodgment of notice of order	Nil
(1) (a)
Additional fee for late lodgment	$33
93	Sch 4 cl 12	Lodgment of notice of appointment of	Nil
(2) (a)	controller
Additional fee for late lodgment	$33
94	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	$33
95	Sch 4 cl 12	Lodgment of notice of change in	Nil
(5)	situation of controller’s officer
Additional fee for late lodgment	$33
96	Sch 4 cl 12	Lodgment of notice of cessation as	Nil
(6) (a)	controller
Additional fee for late lodgment	$33
97	Sch 4 cl 14	Lodgment of copy of controller’s	Nil
(2) (c)	report
Additional fee for late lodgment	$33

2007 No 341	Co-operatives Amendment (Fees) Regulation 2007
Schedule 1	Amendment

Column 1 Column 2 Column 3 Column 4

Item	Section of	Type of fee	Amount
Act
98	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	$33
99	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	$33
100	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	$94
28 days after the due date
(c)	28 days or more after the due	$191
date

101	Lodgment of any other document	Nil
under the Act
Additional fee for late lodgment	$33
102	Lodgment of any other document	Nil
under the Corporations Act as adopted by the Act

*Fees payable to the co-operative

BY AUTHORITY