Co-operatives (National Uniform Legislation) Regulations 2015 (NT)

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NORTHERN TERRITORY OF AUSTRALIA

CO-OPERATIVES (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2015

As in force at 1 January 2017

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif]Citation2Commencement3Definition4Fees5Registrar may exempt, waive or refund fees6Fees for applied provisions of Corporations ActScheduleFeesENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 January 2017

CO-OPERATIVES (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2015

Regulations under the Co-operatives (National Uniform Legislation) Act 2015

1Citation

These Regulations may be cited as the Co-operatives (National Uniform Legislation) Regulations 2015.

2Commencement

These Regulations commence on 1 January 2017.

3Definition

In these Regulations:

Law means the Co-operatives National Law (NT).

4Fees

The Schedule specifies the fee payable for each provision of the Law or the Co-operatives National Regulations (NT) in relation to the matter specified opposite the fee.

5Registrar may exempt, waive or refund fees

The Registrar may exempt a person from payment of a fee or waive (wholly or partly) or refund (wholly or partly) payment of a fee specified in these Regulations if the Registrar considers it appropriate to do so.

6Fees for applied provisions of Corporations Act

Fees for anything done by or in relation to the Registrar under provisions of the Corporations Actas applied under the Law that are not otherwise provided for in these Regulations are the same as the fees for chargeable matters under the Corporations (Fees) Act 2001 (Cth).

ScheduleFees

regulation 4

Item

Provision

Description

Fee (revenue units)

1

section 26(1)(b)(ii)

Application for registration of proposed co-operative – draft formation disclosure statement required under section 23 of the Law

310

2

section 26(1)(b)(ii)

Application for registration of proposed co-operative – draft formation disclosure statement not required under section 23 of the Law

89

3

section 31(b)(ii)

Application for registration of existing corporation – draft formation disclosure statement required under section 23 of the Law

310

4

section 31(b)(ii)

Application for registration of existing corporation – draft formation disclosure statement not required under section 23 of the Law

89

5

section 37(b)(ii)

Issue of duplicate certificate of registration

27

6

section 60

Application for Registrar’s prior approval of certain rule amendments

62

7

section 63(2)

Application for registration of rule amendment, other than where pre‑approved under section 60 of the Law – per rule (maximum of 133 revenue units per lodgement)

Plus fee for late lodgement:

27

  • (a)

    within first 28 days after due date

89

  • (b)

    after first 28 days after due date

177

8

section 63(4)

Application for issue of certificate of registration of rule amendment

27

9

section 71(1)

Application for exemption from any or all provisions of Part 2.4, Division 2 of the Law

62

10

section 82(3)(a)

Application for registration of disclosure statement for compulsory share take up

221

11

section 119(5)

Application to extend period for carrying on business with too few members

221

12

section 152(3)

Application for decision of a member’s eligibility to vote on an active membership resolution

221

13

section 171

Application for exemption of co‑operative from any or all provisions of Part 2.6, Division 5 of the Law (former member entitlements)

221

14

section 213(1)(d)

Application for approval of office at which register may be kept

62

15

section 220(7)

Use of "Co-operative", "Cooperative", "Co-op" or "Coop" – application for exemption by Registrar

221

16

section 221(1)

Application to approve omission of "Limited" or "Ltd" in name

133

17

section 222(e)

Application to approve abbreviation or elaboration of name

27

18

section 224

Application to approve change of name

221

19

section 225(2)

Restriction on use of "Co‑operative", "Cooperative", "Co-op" or "Coop" – application for exemption by Registrar

221

20

section 226(4)

Lodgement of notice of change of address

Fee for late lodgement:

nil

  • (a)

    within first 28 days after due date

89

  • (b)

    after first 28 days after due date

177

21

section 226(6)

Application for exemption for a small co‑operative or class of small co‑operatives from requirement for displaying a notice about the name of a co-operative and its registered office in section 226(3) of the Law

62

22

section 233(2)

Application by member for review of voting entitlement

221

23

section 243(2)(c)(ii)

Filing fee for registration of special resolution – per resolution (maximum of 133 revenue units per lodgement)

Plus fee for late lodgement:

27

  • (a)

    within first 28 days after due date

89

  • (b)

    after first 28 days after due date

177

24

section 244(3)

Application for certificate of registration of special resolution

27

25

section 248(3)

Application for approval of disclosure statement for special postal ballot

221

26

section 289

Lodgement of annual financial report by large co-operative

Plus fee for late lodgement:

221

  • (a)

    within first 28 days after due date

89

  • (b)

    after first 28 days after due date

177

27

section 290

Lodgement of half yearly report by co‑operative that is a disclosing entity

Fee for late lodgement:

nil

  • (a)

    within first 28 days after due date

89

  • (b)

    after first 28 days after due date

177

28

section 293

Lodgement of annual return by small co‑operative

Plus fee for late lodgement:

62

  • (a)

    within first 28 days after due date

89

  • (b)

    after first 28 days after due date

177

29

section 316(1)

Application for exemption of certain persons (in relation to a co-operative) from all or specified requirements of "target provisions"

221

30

section 317(1)

Application for exemption of certain persons (in respect of a class of co‑operatives) from all or specified requirements of "target provisions"

221

31

section 319(1)

Application for exemption of certain persons from all or specified requirements of "target provisions"

221

32

section 320(1)

Application for exemption of certain persons (in respect of a class of audit firms or audit companies) from all or specified requirements of "target provisions"

221

33

section 322

Application for exemption from a provision of National Regulations made under Part 3.3 of the Law

221

34

section 337

Lodgement of disclosure documents for an issue of securities other than an issue of securities under section 338 of the Law

1 946

35

section 337

Application for exemption or modification of disclosure provisions under Chapter 6D of the Corporations Act (as applied)

955

36

section 338(3)

Application for approval of disclosure statement for issue of non-share securities to members or employees of co-operative

221

37

section 343(3)(a)

Application for approval of disclosure statement for compulsory loan from members to co-operative

221

38

section 343(10)

Application for exemption from all or specified provisions of section 343 of the Law (requirements for compulsory loans from members to co-operative)

221

39

section 350(1)(b) and (c)

Application for approval of the statement and terms of the issue of CCUs

221

40

section 359(3)

Application for exemption from a provision of sections 248 and 359 of the Law (requirements in relation to disposal or acquisition of significant assets)

221

41

section 363(2)

Application to permit a maximum level of share interest greater than 20% in particular co-operative

221

42

section 372(1)

Application by a person for an exemption from the operation of Part 3.5, Division 1 of the Law

221

43

section 374(1)(b)

Application for approval of share offers provided for in section 373 of the Law that may result in structural change of co-operative

1 946

44

section 376(5)

Application to extend time permitted for board to consider a share offer of the kind specified in section 373(1) of the Law

62

45

section 380(1)

Application for exemption from a provision of Part 3.5, Division 2 and section 248 of the Law (requirements for share offers under Part 3.5, Division 2 of the Law)

955

46

section 396(2)

Application for consent to merger or transfer of engagements by way of board approval

62

47

section 397(2)

Application for approval of disclosure statement for purposes of a merger or transfer of engagements

221

48

section 397(4)

Application for exemption of co‑operative from complying with section 397 of the Law in relation to disclosure statement about a merger or transfer of engagements

221

49

section 398(1)

Application for approval of merger or transfer of engagements

62

50

section 404(4)

Application for exemption from a provision of sections 248 and 404 of the Law (requirements for transfer of incorporation)

221

51

section 416(1)(a)

Application for Registrar’s permission to shorten notice

27

52

section 418(1)(f)

Application for direction exempting from disqualification from administering compromise or arrangement

221

53

section 424(1)(b)

Application for Registrar’s statement of no objection to compromise or arrangement

221

54

section 425(4)

Lodgement of Supreme Court order with Registrar relating to compromise or arrangement

Plus fee for late lodgement

27

  • (a)

    within first 28 days after due date

89

  • (b)

    after first 28 days after due date

177

55

section 428(1)

Application for Registrar’s approval of explanatory statement for compromise or arrangement

955

56

section 445(3)

Application for exemption from a provision of section 248 or 445 of the Law (requirements for voluntary winding up)

221

57

section 453

Application to Registrar to exercise powers in relation to property of a deregistered co-operative

221

58

section 476(2)(a)

Application to local Registrar to consent to merger or transfer of engagements occurring as a result of approval by special resolution or decision by the board – merger between local and participating co-operatives

62

59

section 477(2)

Application for approval by appropriate Registrar of disclosure statement for merger or transfer of engagements – local and participating co-operatives

221

60

section 477(4)

Application to appropriate Registrar for exemption from requirements of section 477 of the Law applying to a merger or transfer of engagements – local and participating co-operatives

221

61

section 478(1)

Application for approval of merger or transfer of engagements – local and participating co-operatives

221

62

section 531(1)(a)

Application to Registrar for special meeting

221

63

section 531(1)(b)

Application to Registrar for inquiry

423

64

section 588(1)

Application to Registrar for a certificate stating that a thing had or had not been done within a specified period or by a specified date

62

65

section 588(2)

Application to Registrar for a certificate stating that a requirement of the Law had or had not been complied with or had been complied with at a specified date or within a specified period

62

66

section 588(3)

Application to Registrar for a certificate stating that on a specified date a body was not or had ceased to be registered as a co-operative under the Law

34

67

section 601(1)(a)

Fee for inspection of register of co‑operatives

17

68

section 601(1)(b)

Fee for inspection of documents kept by Registrar relating to a co-operative and prescribed by the National Regulations

17

69

section 601(1)(c)

Fee for extract from register of co‑operatives inspected under section 601(1)(a) of the Law:

  • (a)

    first page

17

  • (b)

    each additional page

1

70

section 601(1)(d)

Fee for certified copy of document that may be inspected under section 601(1)(b) of the Law:

  • (a)

    first page

19

  • (b)

    each additional page

2

71

section 601(1)(e)

Fee for copy of document that may be inspected under section 601(1)(b) of the Law:

  • (a)

    first page

17

  • (b)

    each additional page

1

72

section 609(1)

Application for extension or shortening of time

62

73

section 611(2)(c)(iii)

Application for permission to give notice to members by newspaper

62

74

regulation 1.4(5)

Application by co-operative for declaration that it is a small co‑operative for a particular financial year

221

ENDNOTES
  • 1

    KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

  • 2

    LIST OF LEGISLATION

Co-operatives (National Uniform Legislation) Regulations (SL No. 29, 2015)

Notified

2 December 2015

Commenced

1 January 2017 (r 2)

  • 3

    GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: r 1.

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