Co-operatives Amendment (Fees) Regulation 2008 (NSW)

2008 No 226

New South Wales

Co-operatives Amendment (Fees)

Regulation 2008

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 regulation-making power) and, in particular, section 446 (2) (c).

administration of the Co-operatives Act 1992.
The fee increases are generally in line with movements in the Consumer Price Index.

Published in Gazette No 76 of 27 June 2008, page 6012	Page 1
2008 No 226
Clause 1	Co-operatives Amendment (Fees) Regulation 2008

Co-operatives Amendment (Fees) Regulation 2008

under the

Co-operatives Act 1992

1      Name of Regulation

This Regulation is the Co-operatives Amendment (Fees) Regulation
2008.

2      Commencement

This Regulation commences on 1 July 2008.

3 Amendment of Co-operatives Regulation 2005

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

2008 No 226

Co-operatives Amendment (Fees) Regulation 2008

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	Provision	Type of fee	Amount
of Act
1	19	Application to Registrar for	$129 non-trading
registration—proposed	$196 trading
co-operative
2	24	Application to Registrar for	$196
registration—existing body corporate
3	28G	Issue of duplicate certificate	$34
4	67 (2)	Application for Registrar’s	$34
certificate
5	76A (2)	Application for Registrar’s consent	$67
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
alteration	a maximum of $130
8	113 (5)	Issue of certificate of registration of	$34
rule alteration
9	125 (1)	Application to Council for review	$67
10	126 (3)	Application to Registrar for	$129
determination of a member’s eligibility to vote
11	127 (5)	Application to Council for an order	$129
against cancellation of membership

2008 No 226

Co-operatives Amendment (Fees) Regulation 2008

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Item	Provision	Type of fee	Amount
of Act
12	136 (6)	Application to Council for	$260
reduction in period for repayment
13	143	Application to Minister for	$260
exemption
14	145 (1)	Application to Council for approval	$67
to convert to a co-operative without share capital
15	155 (3) (a)	Application to Registrar for	$260
approval of disclosure statement
16	172 (3)	Application to Council for	$260
exemption regarding purchase and repayment of shares
17	177 (1) (a)	Application to Council for approval	$260
of rules restricting voting rights
18	178 (2)	Application to Council for review of	$260
voting entitlement
19	192 (2) (c)	Lodgment of special resolution (not	$14 per
involving alteration of rules)	resolution to a maximum of $130
20	192A (3)	Issue of certificate of registration of	$34
special resolution
21	194 (3)	Application to Registrar for	$260
approval of disclosure statement
22	212 (1) (c)	Application to Registrar for	$67
approval to fill a casual vacancy on a board in an alternative manner
23	216 (3) (b)	Application to Council for approval	$67
of co-operative to have employee director
24	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)
2008 No 226

Co-operatives Amendment (Fees) Regulation 2008

Amendment Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Provision	Type of fee	Amount
of Act
25	244 (1)	Application to Registrar for	$260
exemption
26	250 (1) (d)	Approval of office where register is	$34
to be kept
27*	251 (5)	Obtaining copy of an entry in the	$8 for the first
Register	page and $1 for each page thereafter to a maximum of $66 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	$96
28 days after the due date
(c)	28 days or more after the due	$196

date

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

29	255 (5) (g)	Application to Registrar for	$326
30	256	Application to Registrar for	$67
approval of the omission of the word “Limited” or abbreviation
31	257 (e)	Application to Registrar for	$34
approval of abbreviation or elaboration of name
32	259 (1)	Application to Registrar for	$67
approval of change of name
33	260 (3)	Application to Registrar for	$326
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	$1,947
under sections 706, 707, 721 and 727 of the Corporations Act (as applied by section 266 of the Act)

2008 No 226

Co-operatives Amendment (Fees) Regulation 2008

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Item	Provision	Type of fee	Amount
of 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)
37	266 (1)	Lodgment of disclosure document	$260
under section 707 of the section 266 of the Act) relating to sale of unquoted securities
38	266 (4)	Application to Registrar for	$260
exemption
39	266A (2)	Application to Registrar for	$260
approval of disclosure statement
40	268 (3) (a)	Application to Registrar for	$260
approval of disclosure statement
41	273 (1) (c)	Application to Registrar for	$260
approval of terms of issue of CCUs
42	282 (3)	Application to Registrar for	$260
approval of limited dividend amount or rate in excess of prescribed amount
43	285 (2)	Application to Council for	$260
exemption
44	289 (3)	Application to Council for approval	$260
of maximum share interest
45*	294 (2) (b)	Inspection of register of notifiable	$34
interests
46	298	Application to Registrar for	$260
exemption
47	300 (1)	Application to Council for approval	$260
of share offer
48	302 (4)	Application to Registrar for	$67
extension of period of share offer
49	308	Application to Council for	$260
exemption
50	311 (2)	Application for Registrar’s consent	$67
2008 No 226

Co-operatives Amendment (Fees) Regulation 2008

Amendment Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Provision	Type of fee	Amount
of Act
51	311A (2)	Application to Registrar for	$260
approval of disclosure statement
52	311B (1)	Application to Registrar for	$67
approval of merger or transfer of engagements
53	312	Application to Council for	$67
exemption
54	316 (4)	Application to Council for	$260
exemption
55	325	Application to Registrar to exercise	$67
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	$67
exemption
57	346 (1) (a)	Application for Registrar’s	$67
permission
58	348 (1) (f)	Application to Registrar for	$260
direction
59	355 (1)	Application to Registrar for	$1,947
approval of explanatory statement
60	357 (5)	Lodgment of copy of order	$34
Additional fee for late lodgment	$67
61	369E (2) (f)	Application to Registrar for	$260
registration—participating co-operative
62	369F (2) (d)	Application to Registrar for	$647
registration—non-participating co-operative
63	369K	Lodgment of particulars of	$34
alteration
Additional fee for late lodgment	$67
64	369L (1)	Lodgment of balance sheet:

(a) on or before the due date Nil

2008 No 226

Co-operatives Amendment (Fees) Regulation 2008

Schedule 1 Amendment

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

(b)	more than 1 day but less than	$96
28 days after the due date
(c)	28 days or more after the due	$196
date

65	369M (1)	Lodgment of notice of cessation of	Nil
business—foreign co-operative
66	369N (1)	Application to Registrar for	$778
certificate of compliance

67	369Q (3) (a)	Application for Registrar’s consent $260
68	369R (2)	Application to Registrar for $260
approval of disclosure statement
69	369R (4)	Application to Registrar for $260
exemption
70	369S (1)	Application to Registrar for $260
approval of merger or transfer of engagements
71	402 (1) (a)	Application to Registrar for special $260
meeting
72	402 (1) (b)	Application to Registrar for inquiry $647
73	408 (1)	Application to Registrar for $67
extension 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	$67
certificate of compliance
78	421 (1B)	Application to Registrar for	$34
certificate stating that a body was not or had ceased to be registered as a co-operative
79	440A (2) (c)	Application to Registrar for	$67
permission to give notice by newspaper
2008 No 226

Co-operatives Amendment (Fees) Regulation 2008

Amendment Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Provision	Type of fee	Amount
of Act
80	Sch 3	Lodgment of notice of charge	$67
cl 13 (1)
81	Sch 3	Lodgment of notice of acquisition	$67
cl 17 (1) (a)	of property subject to charge
82	Sch 3	Application to Registrar for	$67
cl 20 (3) (c)	extension of time
83	Sch 3	Lodgment of notice of assignment	$67
cl 36 (1)	of charge
84	Sch 3	Lodgment of notice of variation of	$67
cl 36 (2)	terms of charge
85	Sch 3	Lodgment of memorandum of	$67
cl 37 (2)	discharge
86	Sch 3 cl 42	Request for certificate	$34
(1) and (3)
87	Sch 3 cl 44	Application to Registrar for	$260
exemption
88	Sch 4	Application to Registrar for	$260
cl 3 (1) (f)	direction
89	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	$96
28 days after the due date
(c)	28 days or more after the due	$196
date

90	Sch 4	Inspection of managing controller’s	$16
cl 6A (3) (b)	report
91	Sch 4	Lodgment of receiver’s report	Nil
cl 7 (1) (c)
92	Sch 4	Lodgment of notice of order	Nil
cl 12 (1) (a)
Additional fee for late lodgment	$34
93	Sch 4	Lodgment of notice of appointment	Nil
cl 12 (2) (a)	of controller
Additional fee for late lodgment	$34

2008 No 226

Co-operatives Amendment (Fees) Regulation 2008

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Item	Provision	Type of fee	Amount
of Act
94	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	$34
95	Sch 4	Lodgment of notice of change in	Nil
cl 12 (5)	situation of controller’s officer
Additional fee for late lodgment	$34
96	Sch 4	Lodgment of notice of cessation as	Nil
cl 12 (6) (a)	controller
Additional fee for late lodgment	$34
97	Sch 4	Lodgment of copy of controller’s	Nil
cl 14 (2) (c)	report
Additional fee for late lodgment	$34
98	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	$34
99	Sch 4	Lodgment of copy of court order	Nil
cl 14 (5)	that extension of time within which to report has been granted
Additional fee for late lodgment	$34
100	Sch 4	Lodgment of controller’s financial
cl 17 (1)	statement:

(a)	on or before the due date	Nil
(b)	more than 1 day but less than	$96
28 days after the due date
(c)	28 days or more after the due	$196
date

101	Lodgment of any other document	Nil
under the Act
Additional fee for late lodgment	$34
2008 No 226

Co-operatives Amendment (Fees) Regulation 2008

Amendment Schedule 1

Column 1	Column 2	Column 3	Column 4
Item	Provision	Type of fee	Amount
of Act
102	Lodgment of any other document	Nil
under the Corporations Act as adopted by the Act

*Fees payable to the co-operative

BY AUTHORITY