2011 No 246
Co-operatives Amendment (Fees)
Regulation 2011
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.
ANTHONY ROBERTS, 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 increase are generally in line with movements in the Consumer Price Index (rounded to the nearest dollar).
This Regulation also:
| (a) | removes a redundant fee for lodging an annual financial report and annual director’s report by a disclosing entity that is a co-operative, and |
| (b) | clarifies the fee payable for lodging a disclosure document under sections 706, 707, 721 and 727 of the Corporations Act 2001 of the Commonwealth (as applied by section 266 of the Co-operatives Act 1992), and |
| (c) | removes the additional fees for late lodgment of a notice by a controller that an extension of time within which to report has been granted and late lodgment of a copy of the court order by reporting officers relating to an application to the court for an extension of time. |
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 clause 6A (3) (b) of Schedule 4.
| Published LW 27 May 2011 | Page 1 |
| 2011 No 246 |
| Clause 1 | Co-operatives Amendment (Fees) Regulation 2011 |
Co-operatives Amendment (Fees) Regulation 2011
under the
Co-operatives Act 1992
1 Name of Regulation
This Regulation is the Co-operatives Amendment (Fees) Regulation
2011.
2 Commencement
This Regulation commences on 1 July 2011 and is required to be published on the NSW legislation website.
2011 No 246
Co-operatives Amendment (Fees) Regulation 2011
| Amendment of Co-operatives Regulation 2005 | Schedule 1 |
| Schedule 1 | Amendment of Co-operatives Regulation
2005 |
Schedule 6
Omit the Schedule. Insert instead:
(Clause 55)
| Column 1 Column 2 | Column 3 | Column 4 |
| Item | Provision of | Type of fee | Amount |
| Act |
| 1 | 19 | Application to Registrar for | $140 |
| registration—proposed | non-trading |
| co-operative | $212 trading |
| 2 | 24 | Application to Registrar for | $212 |
registration—existing body
corporate |
| 3 | 28G | Issue of duplicate certificate | $37 |
| 4 | 67 (2) | Application for Registrar’s | $37 |
| certificate |
| 5 | 76A (2) | Application for Registrar’s consent $74 |
| 6 | 108 (3) | | Copy of rules | $18 for the first page and $1 for each page | |
thereafter
| 7 | 113 (2) | Application for registration of rule | $16 per rule to a |
| alteration | maximum of
$141 |
| 8 | 113 (5) | Issue of certificate of registration of | $37 |
| rule alteration |
| 9 | 125 (1) | Application to Council for review | $74 |
| 10 | 126 (3) | Application to Registrar for | $140 |
determination of a member’s
eligibility to vote |
| 11 | 127 (5) | Application to Council for an order | $140 |
| against cancellation of membership |
2011 No 246
Co-operatives Amendment (Fees) Regulation 2011
| Schedule 1 | Amendment of Co-operatives Regulation 2005 |
| Column 1 Column 2 | Column 3 | Column 4 |
| Item | Provision of | Type of fee | Amount |
| Act |
| 12 | 136 (6) | Application to Council for | $283 |
| reduction in period for repayment |
| 13 | 143 | Application to Minister for | $283 |
| exemption |
| 14 | 145 (1) | Application to Council for | $74 |
approval to convert to a
co-operative without share capital |
| 15 | 155 (3) (a) | Application to Registrar for | $283 |
| approval of disclosure statement |
| 16 | 172 (3) | Application to Council for | $283 |
exemption regarding purchase and
repayment of shares |
| 17 | 177 (1) (a) | Application to Council for | $283 |
approval of rules restricting voting
rights |
| 18 | 178 (2) | Application to Council for review | $283 |
| of voting entitlement |
| 19 | 192 (2) (c) | Lodgment of special resolution | $16 per |
| (not involving alteration of rules) | resolution to a
maximum of
$141 |
| 20 | 192A (3) | Issue of certificate of registration | $37 |
| of special resolution |
| 21 | 194 (3) | Application to Registrar for | $283 |
| approval of disclosure statement |
| 22 | 212 (1) (c) | Application to Registrar for | $74 |
approval to fill a casual vacancy on
a board in an alternative manner |
| 23 | 216 (3) (b) | Application to Council for | $74 |
approval of co-operative to have
employee director |
| 24 | 244 (1) | Application to Registrar for | $283 |
| exemption |
| 25 | 250 (1) (d) | Approval of office where register | $37 |
| is to be kept |
| 2011 No 246 |
Co-operatives Amendment (Fees) Regulation 2011
| Amendment of Co-operatives Regulation 2005 | Schedule 1 |
| Column 1 Column 2 | Column 3 | Column 4 |
| Item | Provision of | Type of fee | Amount |
| Act |
| 26* | 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 |
| 27 | 252 (1) | Lodgment of annual report: |
| (a) | on or before the due date | Nil |
| (b) | more than 1 day but less | $104 |
than 28 days after the due
date |
| (c) | 28 days or more after the | $212 |
| due date |
| 28 | 255 (5) (g) | Application to Registrar for | $353 |
exemption to use the word
“Co-operative” or abbreviation |
| 29 | 256 | Application to Registrar for | $74 |
| approval of the omission of the word “Limited” or abbreviation |
| 30 | 257 (e) | Application to Registrar for | $37 |
approval of abbreviation or
elaboration of name |
| 31 | 259 (1) | Application to Registrar for | $74 |
| approval of change of name |
| 32 | 260 (3) | Application to Registrar for | $353 |
| exemption from the restriction on the use of the words “co-operative” and “co-op” and words importing a similar meaning |
| 33 | 261 (3) | Lodgment of notice of change of | Nil |
| address |
| 34 | 266 (1) | Lodgment of disclosure document | $2,113 |
under sections 706, 707, 721 and
727 of the Corporations Act (as
applied by section 266 of the Act),
other than a disclosure document
referred to in item 35 |
2011 No 246
Co-operatives Amendment (Fees) Regulation 2011
| Schedule 1 | Amendment of Co-operatives Regulation 2005 |
| Column 1 Column 2 | Column 3 | Column 4 |
| Item | Provision of | Type of fee | Amount |
| Act |
| 35 | 266 (1) | Lodgment of disclosure document | $283 |
| under section 707 of the section 266 of the Act) relating to sale of unquoted securities |
| 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 (4) | Application to Registrar for | $283 |
| exemption |
| 38 | 266A (2) | Application to Registrar for | $283 |
| approval of disclosure statement |
| 39 | 268 (3) (a) | Application to Registrar for | $283 |
| approval of disclosure statement |
| 40 | 273 (1) (c) | Application to Registrar for | $283 |
| approval of terms of issue of CCUs |
| 41 | 282 (3) | Application to Registrar for | $283 |
approval of limited dividend
amount or rate in excess of
prescribed amount |
| 42 | 285 (2) | Application to Council for | $283 |
| exemption |
| 43 | 289 (3) | Application to Council for | $283 |
approval of maximum share
interest |
| 44* | 294 (2) (b) | Inspection of register of notifiable | $36 |
| interests |
| 45 | 298 | Application to Registrar for | $283 |
| exemption |
| 46 | 300 (1) | Application to Council for | $283 |
| approval of share offer |
| 47 | 302 (4) | Application to Registrar for | $74 |
| extension of period of share offer |
| 48 | 308 | Application to Council for | $283 |
| exemption |
| 2011 No 246 |
Co-operatives Amendment (Fees) Regulation 2011
| Amendment of Co-operatives Regulation 2005 | Schedule 1 |
| Column 1 Column 2 | Column 3 | Column 4 |
| Item | Provision of | Type of fee | Amount |
| Act |
| 49 | 311 (2) | Application for Registrar’s consent $74 |
| 50 | 311A (2) | | Application to Registrar for | $283 | |
| approval of disclosure statement |
| 51 | 311B (1) | | Application to Registrar for | $74 | |
approval of merger or transfer of
engagements |
| 52 | 312 | | Application to Council for | $74 | |
| exemption |
| 53 | 316 (4) | | Application to Council for | $283 | |
| exemption |
| 54 | 325 | | Application to Registrar to exercise | $74 | |
powers conferred by section
601AE or 601AF of the
Corporations Act (as applied by
section 325 of the Act) |
| 55 | 326 (2) | | Application to Council for | $74 | |
| exemption |
| 56 | 346 (1) (a) | | Application for Registrar’s | $74 | |
| permission |
| 57 | 348 (1) (f) | | Application to Registrar for | $283 | |
| direction |
| 58 | 355 (1) | | Application to Registrar for | $2,113 | |
| approval of explanatory statement |
| 59 | 357 (5) | | Lodgment of copy of order | $37 | | Additional fee for late lodgment | $74 | |
| 60 | 369E (2) (f) | | Application to Registrar for | $283 | |
registration—participating
co-operative |
| 61 | 369F (2) (d) | | Application to Registrar for | $702 | |
registration—non-participating
co-operative |
| 62 | 369K | | Lodgment of particulars of | $37 | |
| alteration |
| Additional fee for late lodgment | $74 | |
2011 No 246
Co-operatives Amendment (Fees) Regulation 2011
| Schedule 1 | Amendment of Co-operatives Regulation 2005 |
| Column 1 Column 2 | Column 3 | Column 4 |
| Item | Provision of | Type of fee | Amount |
| Act |
| 63 | 369L (1) | Lodgment of balance sheet: |
| (a) | on or before the due date | Nil |
| (b) | more than 1 day but less | $104 |
than 28 days after the due
date |
| (c) | 28 days or more after the | $212 |
| due date |
| 64 | 369M (1) | Lodgment of notice of cessation | Nil |
| of business—foreign co-operative |
| 65 | 369N (1) | Application to Registrar for | $845 |
| certificate of compliance |
| 66 | 369Q (3) (a) | Application for Registrar’s consent $283 |
| 67 | 369R (2) | | Application to Registrar for | $283 | |
| approval of disclosure statement |
| 68 | 369R (4) | | Application to Registrar for | $283 | |
| exemption |
| 69 | 369S (1) | | Application to Registrar for | $283 | |
approval of merger or transfer
of engagements |
| 70 | 402 (1) (a) | | Application to Registrar for | $283 | |
| special meeting |
| 71 | 402 (1) (b) | Application to Registrar for inquiry $702 |
| 72 | 408 (1) | | Application to Registrar for | $74 | |
| extension or abridgment of time |
| 73 | 413A (1) (a) | | Inspection of Register | $18 | |
| 74 | 413A (1) (b) | | Inspection of prescribed document | $18 | |
| 75 | 413A (1) (c) | | Certified copy of a document | $19 for the
first page and
$2 for each
page thereafter | |
| 76 | 421 (1A) | | Application to Registrar for | $74 | |
| certificate of compliance |
2011 No 246
Co-operatives Amendment (Fees) Regulation 2011
| Amendment of Co-operatives Regulation 2005 | Schedule 1 |
| Column 1 Column 2 | Column 3 | Column 4 |
| Item | Provision of | Type of fee | Amount |
| Act |
| 77 | 421 (1B) | Application to Registrar for | $37 |
| certificate stating that a body was not or had ceased to be registered as a co-operative |
| 78 | 440A (2) (c) | Application to Registrar for | $74 |
permission to give notice by
newspaper |
| 79 | Sch 3 cl 13 (1) | Lodgment of notice of charge | $74 |
| 80 | Sch 3 cl 17 (1) (a) | Lodgment of notice of acquisition | $74 |
| of property subject to charge |
| 81 | Sch 3 cl 20 (3) (c) | Application to Registrar for | $74 |
| extension of time |
| 82 | Sch 3 cl 36 (1) | Lodgment of notice of assignment | $74 |
| of charge |
| 83 | Sch 3 cl 36 (2) | Lodgment of notice of variation | $74 |
| of terms of charge |
| 84 | Sch 3 cl 37 (2) | Lodgment of memorandum of | $74 |
| discharge |
| 85 | Sch 3 cl 42 (1) | Request for certificate | $37 |
| and (3) |
| 86 | Sch 3 cl 44 | Application to Registrar for | $283 |
| exemption |
| 87 | Sch 4 cl 3 (1) (f) | Application to Registrar for | $283 |
| direction |
| 88 | 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 | $104 |
than 28 days after the due
date |
| (c) | 28 days or more after the | $212 |
| due date |
| 89 | Sch 4 cl 6A (3) (b) Inspection of managing | $18 |
controller’s report
| 90 | Sch 4 cl 7 (1) (c) | Lodgment of receiver’s report | Nil |
2011 No 246
Co-operatives Amendment (Fees) Regulation 2011
| Schedule 1 | Amendment of Co-operatives Regulation 2005 |
| Column 1 Column 2 | Column 3 | Column 4 |
| Item | Provision of | Type of fee | Amount |
| Act |
| 91 | Sch 4 cl 12 (1) (a) | Lodgment of notice of order | Nil |
| Additional fee for late lodgment | $37 |
| 92 | Sch 4 cl 12 (2) (a) | Lodgment of notice of appointment | Nil |
| of controller |
| Additional fee for late lodgment | $37 |
| 93 | Sch 4 cl 12 (3) (a) | Lodgment of notice that person has | Nil |
entered into possession or taken
control of property of co-operative |
| Additional fee for late lodgment | $37 |
| 94 | Sch 4 cl 12 (5) | Lodgment of notice of change in | Nil |
| situation of controller’s office |
| Additional fee for late lodgment | $37 |
| 95 | Sch 4 cl 12 (6) (a) | Lodgment of notice of cessation as | Nil |
| controller |
| Additional fee for late lodgment | $37 |
| 96 | Sch 4 cl 14 (2) (c) | Lodgment of copy of controller’s | Nil |
| report |
| Additional fee for late lodgment | $37 |
| 97 | Sch 4 cl 14 (4) | Lodgment of notice by controller | Nil |
that extension of time within which
to report has been granted |
| 98 | Sch 4 cl 14 (5) | Lodgment of copy of court order | Nil |
that extension of time within which
to report has been granted |
| 99 | 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 | $104 |
than 28 days after the due
date |
| (c) | 28 days or more after the | $212 |
| due date |
| 2011 No 246 |
Co-operatives Amendment (Fees) Regulation 2011
| Amendment of Co-operatives Regulation 2005 | Schedule 1 |
| Column 1 Column 2 | Column 3 | Column 4 |
| Item | Provision of | Type of fee | Amount |
| Act |
| 100 | Lodgment of any other document | Nil |
| under the Act |
| Additional fee for late lodgment | $37 |
| 101 | Lodgment of any other document | Nil |
under the Corporations Act as
applied by the Act |
*Fees payable to the co-operative