Co-operatives Amendment (Fees) Regulation 2010 (NSW)

2010 No 207

New South Wales

Co-operatives Amendment (Fees)

Regulation 2010

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 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).

Published LW 28 May 2010	Page 1
2010 No 207
Clause 1	Co-operatives Amendment (Fees) Regulation 2010

Co-operatives Amendment (Fees) Regulation 2010

under the

Co-operatives Act 1992

1      Name of Regulation

This Regulation is the Co-operatives Amendment (Fees) Regulation
2010.

2      Commencement

This Regulation commences on 1 July 2010 and is required to be published on the NSW legislation website.

2010 No 207

Co-operatives Amendment (Fees) Regulation 2010

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	Type of fee	Amount
of Act
1	19	Application to Registrar for	$137
registration—proposed co-operative	non-trading $207 trading
2	24	Application to Registrar for	$207
registration—existing body corporate
3	28G	Issue of duplicate certificate	$36
4	67 (2)	Application for Registrar’s certificate	$36
5	76A (2)	Application for Registrar’s consent	$72
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 $138
8	113 (5)	Issue of certificate of registration of	$36
rule alteration
9	125 (1)	Application to Council for review	$72
10	126 (3)	Application to Registrar for	$137
determination of a member’s eligibility to vote
11	127 (5)	Application to Council for an order	$137
against cancellation of membership
12	136 (6)	Application to Council for reduction in	$276
period for repayment

2010 No 207

Co-operatives Amendment (Fees) Regulation 2010

Schedule 1 Amendment of Co-operatives Regulation 2005

Column 1 Column 2 Column 3 Column 4

Item	Provision	Type of fee	Amount
of Act
13	143	Application to Minister for exemption	$276
14	145 (1)	Application to Council for approval to	$72
convert to a co-operative without share capital
15	155 (3) (a)	Application to Registrar for approval of	$276
disclosure statement
16	172 (3)	Application to Council for exemption	$276
regarding purchase and repayment of shares
17	177 (1) (a)	Application to Council for approval of	$276
rules restricting voting rights
18	178 (2)	Application to Council for review of	$276
voting entitlement
19	192 (2) (c)	Lodgment of special resolution (not	$15 per
involving alteration of rules)	resolution to a maximum of $138
20	192A (3)	Issue of certificate of registration of	$36
special resolution
21	194 (3)	Application to Registrar for approval of	$276
disclosure statement
22	212 (1) (c)	Application to Registrar for approval to	$72
fill a casual vacancy on a board in an alternative manner
23	216 (3) (b)	Application to Council for approval of	$72
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 exemption	$276
26	250 (1) (d)	Approval of office where register is to	$36
be kept
2010 No 207

Co-operatives Amendment (Fees) Regulation 2010

Amendment of Co-operatives Regulation 2005 Schedule 1

Column 1 Column 2 Column 3 Column 4

Item	Provision	Type of fee	Amount
of 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 $69 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	$102
28 days after the due date
(c)	28 days or more after the due	$207
date

29	255 (5) (g)	Application to Registrar for exemption	$345
to use the word “Co-operative” or abbreviation
30	256	Application to Registrar for approval of	$72
the omission of the word “Limited” or abbreviation
31	257 (e)	Application to Registrar for approval of	$36
abbreviation or elaboration of name
32	259 (1)	Application to Registrar for approval of	$72
change of name
33	260 (3)	Application to Registrar for exemption	$345
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	$2,064
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)

2010 No 207

Co-operatives Amendment (Fees) Regulation 2010

Schedule 1 Amendment of Co-operatives Regulation 2005

Column 1 Column 2 Column 3 Column 4

Item	Provision	Type of fee	Amount
of Act
37	266 (1)	Lodgment of disclosure document	$276
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 exemption	$276
39	266A (2)	Application to Registrar for approval of	$276
disclosure statement
40	268 (3) (a)	Application to Registrar for approval of	$276
disclosure statement
41	273 (1) (c)	Application to Registrar for approval of	$276
terms of issue of CCUs
42	282 (3)	Application to Registrar for approval of	$276
limited dividend amount or rate in excess of prescribed amount
43	285 (2)	Application to Council for exemption	$276
44	289 (3)	Application to Council for approval of	$276
maximum share interest
45*	294 (2) (b)	Inspection of register of notifiable	$36
interests
46	298	Application to Registrar for exemption	$276
47	300 (1)	Application to Council for approval of	$276
share offer
48	302 (4)	Application to Registrar for extension	$72
of period of share offer
49	308	Application to Council for exemption	$276
50	311 (2)	Application for Registrar’s consent	$72
51	311A (2)	Application to Registrar for approval of	$276
disclosure statement
52	311B (1)	Application to Registrar for approval of	$72
merger or transfer of engagements
53	312	Application to Council for exemption	$72
54	316 (4)	Application to Council for exemption	$276
2010 No 207

Co-operatives Amendment (Fees) Regulation 2010

Amendment of Co-operatives Regulation 2005 Schedule 1

Column 1 Column 2 Column 3 Column 4

Item	Provision	Type of fee	Amount
of Act
55	325	Application to Registrar to exercise	$72
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	$72

57

346 (1) (a)

Application for Registrar’s permission $72

58

348 (1) (f)

Application to Registrar for direction $276

59

355 (1)

Application to Registrar for approval of $2,064

explanatory statement

60

357 (5)

Lodgment of copy of order	$36
Additional fee for late lodgment	$72

61

369E (2) (f)

Application to Registrar for $276

registration—participating
co-operative

62

369F (2) (d) Application to Registrar for

$686

registration—non-participating

co-operative

63	369K	Lodgment of particulars of alteration	$36
Additional fee for late lodgment	$72
64	369L (1)	Lodgment of balance sheet:

(a)	on or before the due date	Nil
(b)	more than 1 day but less than	$102
28 days after the due date
(c)	28 days or more after the due	$207
date

65	369M (1)	Lodgment of notice of cessation of	Nil
business—foreign co-operative
66	369N (1)	Application to Registrar for certificate	$825
of compliance

67 369Q (3) (a) Application for Registrar’s consent $276

68	369R (2)	Application to Registrar for approval of	$276
disclosure statement
69	369R (4)	Application to Registrar for exemption	$276

2010 No 207

Co-operatives Amendment (Fees) Regulation 2010

Schedule 1 Amendment of Co-operatives Regulation 2005

Column 1 Column 2 Column 3 Column 4

Item	Provision	Type of fee	Amount
of Act
70	369S (1)	Application to Registrar for approval of	$276
merger or transfer of engagements
71	402 (1) (a)	Application to Registrar for special	$276
meeting
72	402 (1) (b)	Application to Registrar for inquiry	$686
73	408 (1)	Application to Registrar for extension	$72
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 certificate	$72
of compliance
78	421 (1B)	Application to Registrar for certificate	$36
stating that a body was not or had ceased to be registered as a co-operative

79 440A (2) (c) Application to Registrar for permission $72

to give notice by newspaper

80	Sch 3	Lodgment of notice of charge	$72
cl 13 (1)
81	Sch 3	Lodgment of notice of acquisition of	$72
cl 17 (1) (a)	property subject to charge
82	Sch 3	Application to Registrar for extension	$72
cl 20 (3) (c)	of time
83	Sch 3	Lodgment of notice of assignment of	$72
cl 36 (1)	charge
84	Sch 3	Lodgment of notice of variation of	$72
cl 36 (2)	terms of charge
85	Sch 3	Lodgment of memorandum of	$72
cl 37 (2)	discharge
86	Sch 3 cl 42	Request for certificate	$36
(1) and (3)

87 Sch 3 cl 44 Application to Registrar for exemption $276

2010 No 207

Co-operatives Amendment (Fees) Regulation 2010

Amendment of Co-operatives Regulation 2005 Schedule 1

Column 1 Column 2 Column 3 Column 4

Item	Provision	Type of fee	Amount
of Act
88	Sch 4	Application to Registrar for direction	$276
cl 3 (1) (f)
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	$102
28 days after the due date
(c)	28 days or more after the due	$207
date

90	Sch 4	Inspection of managing controller’s	$17
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	$36
93	Sch 4	Lodgment of notice of appointment of	Nil
cl 12 (2) (a)	controller
Additional fee for late lodgment	$36
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	$36
95	Sch 4	Lodgment of notice of change in	Nil
cl 12 (5)	situation of controller’s office
Additional fee for late lodgment	$36
96	Sch 4	Lodgment of notice of cessation as	Nil
cl 12 (6) (a)	controller
Additional fee for late lodgment	$36
97	Sch 4	Lodgment of copy of controller’s report	Nil
cl 14 (2) (c)
Additional fee for late lodgment	$36

2010 No 207

Co-operatives Amendment (Fees) Regulation 2010

Schedule 1 Amendment of Co-operatives Regulation 2005

Column 1 Column 2 Column 3 Column 4

Item	Provision	Type of fee	Amount
of Act
98	Sch 4	Lodgment of notice by controller that	Nil
cl 14 (4)	extension of time within which to report has been granted
Additional fee for late lodgment	$36
99	Sch 4	Lodgment of copy of court order that	Nil
cl 14 (5)	extension of time within which to report has been granted
Additional fee for late lodgment	$36
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	$102
28 days after the due date
(c)	28 days or more after the due	$207
date

101	Lodgment of any other document under	Nil
the Act
Additional fee for late lodgment	$36
102	Lodgment of any other document under	Nil
the Corporations Act as adopted by the Act

*Fees payable to the co-operative