Co-operatives Amendment (Fees) Regulation 2012 (NSW)
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2012 No 216
New South Wales
Co-operatives Amendment (Fees)
Regulation 2012
under the
Co-operatives Act 1992
His Excellency the Lieutenant-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 increases are generally in line with movements in the Consumer Price Index (rounded to the nearest dollar).
This Regulation also effects minor law revision.
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 1 June 2012 | Page 1 |
| 2012 No 216 | |
| Clause 1 | Co-operatives Amendment (Fees) Regulation 2012 |
Co-operatives Amendment (Fees) Regulation 2012
under the
Co-operatives Act 1992
1 Name of Regulation
This Regulation is the Co-operatives Amendment (Fees) Regulation
2012.
2 Commencement
This Regulation commences on 1 July 2012 and is required to be published on the NSW legislation website.
2012 No 216
Co-operatives Amendment (Fees) Regulation 2012
| 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 $145 registration—proposed co-operative
non-trading $219 trading
2 24 Application to Registrar for $219 registration—existing body corporate 3 28G Issue of duplicate certificate $38 4 67 (2) Application for Registrar’s certificate $38 5 76A (2) Application for Registrar’s consent $76 6 108 (3) Copy of rules $19 for the
first page and
$1 for each
page
thereafter7 113 (2) Application for registration of rule $17 per rule alteration to a
maximum of
$1468 113 (5) Issue of certificate of registration of $38 rule alteration 9 125 (1) Application to Council for review $76 10 126 (3) Application to Registrar for $145 determination of a member’s eligibility
to vote11 127 (5) Application to Council for an order $145 against cancellation of membership
2012 No 216
Co-operatives Amendment (Fees) Regulation 2012
| Schedule 1 | Amendment of Co-operatives Regulation 2005 |
Column 1 Column 2 Column 3 Column 4 Item Provision Type of fee Amount of Act 12 136 (6) Application to Council for reduction in $292 period for repayment 13 143 Application to Minister for exemption $292 14 145 (1) Application to Council for approval to $76 convert to a co-operative without share
capital15 155 (3) (a) Application to Registrar for approval of $292 disclosure statement 16 172 (3) Application to Council for exemption $292 regarding purchase and repayment of
shares17 177 (1) (a) Application to Council for approval of $292 rules restricting voting rights 18 178 (2) Application to Council for review of $292 voting entitlement 19 192 (2) (c) Lodgment of special resolution (not $17 per involving alteration of rules)
resolution to a maximum of $146
20 192A (3) Issue of certificate of registration of $38 special resolution 21 194 (3) Application to Registrar for approval of $292 disclosure statement 22 212 (1) (c) Application to Registrar for approval to $76 fill a casual vacancy on a board in an
alternative manner23 216 (3) (b) Application to Council for approval of $76 co-operative to have employee director 24 244 (1) Application to Registrar for exemption $292 25 250 (1) (d) Approval of office where register is to $38 be kept
2012 No 216
Co-operatives Amendment (Fees) Regulation 2012
| Amendment of Co-operatives Regulation 2005 | Schedule 1 |
Column 1 Column 2 Column 3 Column 4 Item Provision Type of fee Amount of Act 26* 251 (5) Obtaining copy of an entry in the $8 for the Register first page and
$1 for each
page
thereafter to
a maximum
of $69 per
document27 252 (1) Lodgment of annual report:
(a) on or before the due date Nil (b) more than 1 day but less than $107 28 days after the due date (c) 28 days or more after the due $219 date
28 255 (5) (g) Application to Registrar for exemption $364 to use the word “Co-operative” or
abbreviation29 256 Application to Registrar for approval of $76 the omission of the word “Limited” or
abbreviation30 257 (e) Application to Registrar for approval of $38 abbreviation or elaboration of name 31 259 (1) Application to Registrar for approval of $76 change of name 32 260 (3) Application to Registrar for exemption $364 from the restriction on the use of the
words “co-operative” and “co-op” and
words importing a similar meaning33 261 (3) Lodgment of notice of change of Nil address 34 266 (1) Lodgment of disclosure document $2,181 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
2012 No 216
Co-operatives Amendment (Fees) Regulation 2012
| Schedule 1 | Amendment of Co-operatives Regulation 2005 |
Column 1 Column 2 Column 3 Column 4 Item Provision Type of fee Amount of Act 35 266 (1) Lodgment of disclosure document $292 under section 707 of the Corporations Act (as applied by 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 exemption $292 38 266A (2) Application to Registrar for approval of $292 disclosure statement 39 268 (3) (a) Application to Registrar for approval of $292 disclosure statement 40 273 (1) (c) Application to Registrar for approval of $292 terms of issue of CCUs 41 282 (3) Application to Registrar for approval of $292 limited dividend amount or rate in
excess of prescribed amount42 285 (2) Application to Council for exemption $292 43 289 (3) Application to Council for approval of $292 maximum share interest 44* 294 (2) (b) Inspection of register of notifiable $36 interests 45 298 Application to Registrar for exemption $292 46 300 (1) Application to Council for approval of $292 share offer 47 302 (4) Application to Registrar for extension $76 of period of share offer 48 308 Application to Council for exemption $292 49 311 (2) Application for Registrar’s consent $76 50 311A (2) Application to Registrar for approval of $292 disclosure statement 51 311B (1) Application to Registrar for approval of $76 merger or transfer of engagements
2012 No 216
Co-operatives Amendment (Fees) Regulation 2012
| Amendment of Co-operatives Regulation 2005 | Schedule 1 |
Column 1 Column 2 Column 3 Column 4 Item Provision Type of fee Amount of Act 52 312 Application to Council for exemption $76 53 316 (4) Application to Council for exemption $292 54 325 Application to Registrar to exercise $76 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 exemption $76 56 346 (1) (a) Application for Registrar’s permission $76 57 348 (1) (f) Application to Registrar for direction $292 58 355 (1) Application to Registrar for approval of $2,181 explanatory statement 59 357 (5) Lodgment of copy of order $38 Additional fee for late lodgment $76 60 369E (2) (f) Application to Registrar for $292 registration—participating
co-operative61 369F (2) (d) Application to Registrar for $725 registration—non-participating
co-operative62 369K Lodgment of particulars of alteration $38 Additional fee for late lodgment $76 63 369L (1) Lodgment of balance sheet:
(a) on or before the due date Nil (b) more than 1 day but less than $107 28 days after the due date (c) 28 days or more after the due $219 date
64 369M (1) Lodgment of notice of cessation of Nil business—foreign co-operative 65 369N (1) Application to Registrar for certificate $872 of compliance 66 369Q (3) (a) Application for Registrar’s consent $292
2012 No 216
Co-operatives Amendment (Fees) Regulation 2012
| Schedule 1 | Amendment of Co-operatives Regulation 2005 |
Column 1 Column 2 Column 3 Column 4 Item Provision Type of fee Amount of Act 67 369R (2) Application to Registrar for approval of $292 disclosure statement 68 369R (4) Application to Registrar for exemption $292 69 369S (1) Application to Registrar for approval of $292 merger or transfer of engagements 70 402 (1) (a) Application to Registrar for special $292 meeting 71 402 (1) (b) Application to Registrar for inquiry $725 72 408 (1) Application to Registrar for extension $76 or abridgment of time 73 413A (1) (a) Inspection of Register $19 74 413A (1) (b) Inspection of prescribed document $19 75 413A (1) (c) Certified copy of a document $20 for the
first page and
$2 for each
page
thereafter76 421 (1A) Application to Registrar for certificate $76 of compliance 77 421 (1B) Application to Registrar for certificate $38 stating that a body was not or had
ceased to be registered as a
co-operative78 440A (2) (c) Application to Registrar for permission $76 to give notice by newspaper 79 Sch 4 Application to Registrar for direction $292 cl 3 (1) (f) 80 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 $107 28 days after the due date (c) 28 days or more after the due $219 date
2012 No 216
Co-operatives Amendment (Fees) Regulation 2012
| Amendment of Co-operatives Regulation 2005 | Schedule 1 |
Column 1 Column 2 Column 3 Column 4 Item Provision Type of fee Amount of Act 81 Sch 4 Inspection of managing controller’s $19 cl 6A (3) (b) report 82 Sch 4 Lodgment of receiver’s report Nil cl 7 (1) (c) 83 Sch 4 Lodgment of notice of order Nil cl 12 (1) (a) Additional fee for late lodgment $38 84 Sch 4 Lodgment of notice of appointment of Nil cl 12 (2) (a) controller Additional fee for late lodgment $38 85 Sch 4 Lodgment of notice that person has Nil cl 12 (3) (a) entered into possession or taken control
of property of co-operativeAdditional fee for late lodgment $38 86 Sch 4 Lodgment of notice of change in Nil cl 12 (5) situation of controller’s office Additional fee for late lodgment $38 87 Sch 4 Lodgment of notice of cessation as Nil cl 12 (6) (a) controller Additional fee for late lodgment $38 88 Sch 4 Lodgment of copy of controller’s report Nil cl 14 (2) (c) Additional fee for late lodgment $38 89 Sch 4 Lodgment of notice by controller that Nil cl 14 (4) extension of time within which to
report has been granted90 Sch 4 Lodgment of copy of court order that Nil cl 14 (5) extension of time within which to
report has been granted
2012 No 216
Co-operatives Amendment (Fees) Regulation 2012
| Schedule 1 | Amendment of Co-operatives Regulation 2005 |
Column 1 Column 2 Column 3 Column 4 Item Provision Type of fee Amount of Act 91 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 $107 28 days after the due date (c) 28 days or more after the due $219 date
92 Lodgment of any other document under Nil the Act Additional fee for late lodgment $38 93 Lodgment of any other document under Nil the Corporations Act as applied by the
Act*Fees payable to the co-operative
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