Co-operatives Amendment (Fees) Regulation 2009 (NSW)

2009 No 202

New South Wales

Co-operatives Amendment (Fees)

Regulation 2009

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.

VIRGINIA JUDGE, MP 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 (rounded
to the nearest whole dollar).
This Regulation is made under the Co-operatives Act 1992, including sections 19 (1) (b), 24
(b), 28G (b), 108 (3), 192 (2) (c), 251 (5), 294 (2) (b), 369E (2) (f), 369F (2) (d), 413A (1)

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

Published LW 29 May 2009	Page 1
2009 No 202
Clause 1	Co-operatives Amendment (Fees) Regulation 2009

Co-operatives Amendment (Fees) Regulation 2009

under the

Co-operatives Act 1992

1      Name of Regulation

This Regulation is the Co-operatives Amendment (Fees) Regulation
2009.

2      Commencement

This Regulation commences on 1 July 2009 and is required to be published on the NSW legislation website.

2009 No 202

Co-operatives Amendment (Fees) Regulation 2009

Amendment of Co-operatives Regulation 2005	Schedule 1
Schedule 1	Amendment of Co-operatives Regulation 2005

Schedule 6

Omit the Schedule. Insert instead:

Schedule 6 Fees

(Clause 55)

Column 1 Column 2 Column 3 Column 4

Item	Provision of	Type of fee	Amount
Act
1	19	Application to Registrar for	$134
registration—proposed co-operative	non-trading $203 trading
2	24	Application to Registrar for	$203
registration—existing body corporate
3	28G	Issue of duplicate certificate	$35

4	67 (2)	Application for Registrar’s certificate $35
5	76A (2)	Application for Registrar’s consent $70
6	108 (3)	Copy of rules $17 for the first page and $1 for each page

thereafter

7	113 (2)	Application for registration of rule	$15 per rule to a
alteration	maximum of $135
8	113 (5)	Issue of certificate of registration of	$35
rule alteration
9	125 (1)	Application to Council for review	$70
10	126 (3)	Application to Registrar for	$134
determination of a member’s eligibility to vote
11	127 (5)	Application to Council for an order	$134
against cancellation of membership
12	136 (6)	Application to Council for reduction	$270
in period for repayment

2009 No 202

Co-operatives Amendment (Fees) Regulation 2009

Schedule 1 Amendment of Co-operatives Regulation 2005

Column 1 Column 2 Column 3 Column 4

Item	Provision of	Type of fee	Amount
Act
13	143	Application to Minister for	$270
exemption
14	145 (1)	Application to Council for approval	$70
to convert to a co-operative without share capital
15	155 (3) (a)	Application to Registrar for approval	$270
of disclosure statement
16	172 (3)	Application to Council for exemption	$270
regarding purchase and repayment of shares
17	177 (1) (a)	Application to Council for approval	$270
of rules restricting voting rights
18	178 (2)	Application to Council for review of	$270
voting entitlement
19	192 (2) (c)	Lodgment of special resolution (not	$15 per
involving alteration of rules)	resolution to a maximum of $135
20	192A (3)	Issue of certificate of registration of	$35
special resolution
21	194 (3)	Application to Registrar for approval	$270
of disclosure statement
22	212 (1) (c)	Application to Registrar for approval	$70
to fill a casual vacancy on a board in an alternative manner
23	216 (3) (b)	Application to Council for approval	$70
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)
25	244 (1)	Application to Registrar for	$270
exemption
26	250 (1) (d)	Approval of office where register is	$35
to be kept
2009 No 202

Co-operatives Amendment (Fees) Regulation 2009

Amendment of Co-operatives Regulation 2005 Schedule 1

Column 1 Column 2 Column 3 Column 4

Item	Provision of	Type of fee	Amount
Act
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 $68 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	$100
28 days after the due date
(c)	28 days or more after the due	$203

date

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

29	255 (5) (g)	Application to Registrar for	$338
30	256	Application to Registrar for approval	$70
of the omission of the word “Limited” or abbreviation
31	257 (e)	Application to Registrar for approval	$35
of abbreviation or elaboration of name
32	259 (1)	Application to Registrar for approval	$70
of change of name
33	260 (3)	Application to Registrar for	$338
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	$2,020
under sections 706, 707, 721 and 727 of the Corporations Act (as applied by section 266 of the Act)

2009 No 202

Co-operatives Amendment (Fees) Regulation 2009

Schedule 1 Amendment of Co-operatives Regulation 2005

Column 1 Column 2 Column 3 Column 4

Item	Provision of	Type of fee	Amount
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	$270
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	$270
exemption
39	266A (2)	Application to Registrar for approval	$270
of disclosure statement
40	268 (3) (a)	Application to Registrar for approval	$270
of disclosure statement
41	273 (1) (c)	Application to Registrar for approval	$270
of terms of issue of CCUs
42	282 (3)	Application to Registrar for approval	$270
of limited dividend amount or rate in excess of prescribed amount

43	285 (2)	Application to Council for exemption $270
44	289 (3)	Application to Council for approval $270
of maximum share interest
45*	294 (2) (b)	Inspection of register of notifiable $35
interests
46	298	Application to Registrar for $270
exemption
47	300 (1)	Application to Council for approval $270
of share offer
48	302 (4)	Application to Registrar for extension $70
of period of share offer
49	308	Application to Council for exemption $270
50	311 (2)	Application for Registrar’s consent $70
51	311A (2)	Application to Registrar for approval $270
of disclosure statement

2009 No 202

Co-operatives Amendment (Fees) Regulation 2009

Amendment of Co-operatives Regulation 2005 Schedule 1

Column 1 Column 2 Column 3 Column 4

Item	Provision of	Type of fee	Amount
Act
52	311B (1)	Application to Registrar for approval	$70
of merger or transfer of engagements

53

312

Application to Council for exemption $70

54

316 (4)

Application to Council for exemption $270

55

325

Application to Registrar to exercise $70

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 $70

57

346 (1) (a)

Application for Registrar’s $70

permission

58

348 (1) (f)

Application to Registrar for direction $270

59

355 (1)

Application to Registrar for approval $2,020

of explanatory statement

60

357 (5)

Lodgment of copy of order	$35
Additional fee for late lodgment	$70

61

369E (2) (f)

Application to Registrar for $270

registration—participating
co-operative

62

369F (2) (d)

Application to Registrar for $671

registration—non-participating
co-operative

63

369K

Lodgment of particulars of alteration	$35
Additional fee for late lodgment	$70

64

369L (1)

Lodgment of balance sheet:

(a)	on or before the due date	Nil
(b)	more than 1 day but less than	$100

28 days after the due date

(c)	28 days or more after the due	$203
date

65	369M (1)	Lodgment of notice of cessation of	Nil
business—foreign co-operative
66	369N (1)	Application to Registrar for	$807
certificate of compliance

2009 No 202

Co-operatives Amendment (Fees) Regulation 2009

Schedule 1 Amendment of Co-operatives Regulation 2005

Column 1 Column 2 Column 3 Column 4

Item	Provision of	Type of fee	Amount
Act
67	369Q (3) (a)	Application for Registrar’s consent	$270
68	369R (2)	Application to Registrar for approval	$270
of disclosure statement
69	369R (4)	Application to Registrar for	$270
exemption
70	369S (1)	Application to Registrar for approval	$270
of merger or transfer of engagements
71	402 (1) (a)	Application to Registrar for special	$270
meeting
72	402 (1) (b)	Application to Registrar for inquiry	$671
73	408 (1)	Application to Registrar for extension	$70
or abridgment of time
74	413A (1) (a)	Inspection of Register	$17
75	413A (1) (b)	Inspection of prescribed document	$17
76	413A (1) (c)	Certified copy of a document	$18 for the first page and $2 for each page
thereafter
77	421 (1A)	Application to Registrar for	$70
certificate of compliance
78	421 (1B)	Application to Registrar for	$35
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	$70
permission to give notice by newspaper
80	Sch 3 cl 13 (1)	Lodgment of notice of charge	$70
81	Sch 3 cl 17	Lodgment of notice of acquisition of	$70
(1) (a)	property subject to charge
82	Sch 3 cl 20	Application to Registrar for extension	$70
(3) (c)	of time
83	Sch 3 cl 36 (1)	Lodgment of notice of assignment of	$70
charge
84	Sch 3 cl 36 (2)	Lodgment of notice of variation of	$70
terms of charge
2009 No 202

Co-operatives Amendment (Fees) Regulation 2009

Amendment of Co-operatives Regulation 2005 Schedule 1

Column 1 Column 2 Column 3 Column 4

Item	Provision of	Type of fee	Amount
Act
85	Sch 3 cl 37 (2)	Lodgment of memorandum of	$70
discharge
86	Sch 3 cl 42 (1)	Request for certificate	$35
and (3)
87	Sch 3 cl 44	Application to Registrar for	$270
exemption

88	Sch 4 cl 3	Application to Registrar for direction $270
(1) (f)

89                  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	$100
28 days after the due date
(c)	28 days or more after the due	$203
date

90	Sch 4 cl 6A	Inspection of managing controller’s	$17
(3) (b)	report
91	Sch 4 cl 7	Lodgment of receiver’s report	Nil
(1) (c)
92	Sch 4 cl 12	Lodgment of notice of order	Nil
(1) (a)
Additional fee for late lodgment	$35
93	Sch 4 cl 12	Lodgment of notice of appointment	Nil
(2) (a)	of controller
Additional fee for late lodgment	$35
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	$35
95	Sch 4 cl 12 (5)	Lodgment of notice of change in	Nil
situation of controller’s officer
Additional fee for late lodgment	$35

2009 No 202

Co-operatives Amendment (Fees) Regulation 2009

Schedule 1 Amendment of Co-operatives Regulation 2005

Column 1 Column 2 Column 3 Column 4

Item	Provision of	Type of fee	Amount
Act
96	Sch 4 cl 12	Lodgment of notice of cessation as	Nil
(6) (a)	controller
Additional fee for late lodgment	$35
97	Sch 4 cl 14	Lodgment of copy of controller’s	Nil
(2) (c)	report
Additional fee for late lodgment	$35
98	Sch 4 cl 14 (4)	Lodgment of notice by controller that	Nil
extension of time within which to report has been granted
Additional fee for late lodgment	$35
99	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	$35
100	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	$100
28 days after the due date
(c)	28 days or more after the due	$203
date

101	Lodgment of any other document	Nil
under the Act
Additional fee for late lodgment	$35
102	Lodgment of any other document	Nil
under the Corporations Act as adopted by the Act

*Fees payable to the co-operative