Co-operatives (New South Wales) Amendment (Fees) Regulation 2015 (NSW)

New South Wales

Co-operatives (New South Wales)

Amendment (Fees) Regulation 2015

under the

Co-operatives (Adoption of National Law) Act 2012

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Co-operatives (Adoption of National Law) Act 2012.

VICTOR DOMINELLO, MP

Minister for Innovation and Better Regulation

Explanatory note
The object of this Regulation is to increase certain fees payable in connection with the administration of the Co-operatives National Law (NSW), the Co-operatives National Regulations (NSW) and the Co-operatives (Adoption of National Law) Act 2012.

The fee increases are generally in line with movements in the Consumer Price Index (rounded to the nearest section 18 (the general power to make local regulations).

dollar).
Co-operatives (New South Wales) Amendment (Fees) Regulation

2015

under the

Co-operatives (Adoption of National Law) Act 2012

1      Name of Regulation

This Regulation is the Co-operatives (New South Wales) Amendment (Fees)
Regulation 2015.

2      Commencement

This Regulation commences on 1 July 2015 and is required to be published on the
NSW legislation website.

Schedule 1 Amendment of Co-operatives (New South Wales)
Regulation 2014

Clause 11

Omit the clause. Insert instead:

11      Prescribed fees

The fee specified in Column 4 of an item in the Table to this clause is prescribed as the fee to be paid for the purposes of the provision referred to in Column 2 in relation to the matter described in Column 3.

Table

Column 1 Column 2 Column 3 Column 4

Item	Provision	Subject	Fee
1	CNL s 26 (1) (b) (ii)	Application for registration of	$356.00
proposed co-operative—draft formation disclosure statement required under CNL s 23
2	CNL s 26 (1) (b) (ii)	Application for registration of	$102.00
proposed co-operative—draft formation disclosure statement not required under CNL s 23
3	CNL s 31 (b) (ii)	Application for registration of	$356.00
existing corporation—draft formation disclosure statement required under CNL s 23
4	CNL s 31 (b) (ii)	Application for registration of	$102.00
existing corporation—draft formation disclosure statement not required under CNL s 23
5	CNL s 37 (b) (ii)	Issue of duplicate certificate of	$31.00
registration
6	CNL s 60	Application for Registrar’s prior	$71.00
approval of certain rule amendments
7	CNL s 63 (2)	Application for registration of rule	$31.00
amendment, other than where pre-approved under CNL s 60—per rule (maximum of $155.00 per lodgment) Plus fee for late lodgment:

(a)	within first 28 days after due	$102.00
date
(b)	after first 28 days after due	$204.00
date

8	CNL s 63 (4)	Application for issue of certificate	$31.00
of registration of rule amendment
9	CNL s 71 (1)	Application for exemption from any	$71.00
or all provisions of Division 2 of Part 2.4 of CNL

Column 1 Column 2 Column 3 Column 4

Item	Provision	Subject	Fee
10	CNL s 82 (3) (a)	Application for registration of	$254.00
disclosure statement for compulsory share take up
11	CNL s 119 (5)	Application to extend period for	$254.00
carrying on business with too few members
12	CNL s 152 (3)	Application for determination of a	$254.00
member’s eligibility to vote on an active membership resolution
13	CNL s 171	Application for exemption of	$254.00
co-operative from any or all provisions of Division 5 of Part 2.6 of CNL (former member entitlements)
14	CNL s 213 (1) (d)	Application for approval to keep	$71.00
register at another office
15	CNL s 220 (7)	Use of “Co-operative”, “Co-op”	$254.00
etc—application for exemption by Registrar (cl 5 of this Regulation)
16	CNL s 221 (1)	Application to approve omission of	$153.00
“Limited” or “Ltd” in name
17	CNL s 222 (e)	Application to approve abbreviation	$31.00
or elaboration of name
18	CNL s 224	Application to approve change of	$254.00
name
19	CNL s 225 (2)	Restriction on use of	$254.00
“Co-operative”, “Co-op” etc— application for exemption by Registrar (cl 6 of this Regulation)
20	CNL s 226 (4)	Lodgment of notice of change of	nil
address Fee for late lodgment:

(a)	within first 28 days after due	$102.00
date
(b)	after first 28 days after due	$204.00
date

21	CNL s 226 (6)	Application for exemption for a	$71.00
small co-operative or class of small co-operatives from CNL s 226 (3) requirement for a notice about the name of a co-operative and its
registered office
22	CNL s 233 (2)	Application by member for review	$254.00
of voting entitlement

Column 1 Column 2 Column 3 Column 4

Item	Provision	Subject	Fee
23	CNL s 243 (2) (c)	Filing fee for registration of special	$31.00
(ii)	resolution—per resolution (maximum of $155.00 per lodgment)
Plus fee for late lodgment:

(a)	within first 28 days after due	$102.00
date
(b)	after first 28 days after due	$204.00
date

24	CNL s 244 (3)	Application for certificate of	$31.00
registration of special resolution
25	CNL s 248 (3)	Application for approval of	$254.00
disclosure statement for special postal ballot
26	CNL s 289	Lodgment of annual financial	$254.00
reports by large co-operative Plus fee for late lodgment:

(a)	within first 28 days after due	$102.00
date
(b)	after first 28 days after due	$204.00
date

27	CNL s 290	Lodgment of half-year reports by	nil
co-operative that is a disclosing entity Fee for late lodgment:

(a)	within first 28 days after due	$102.00
date
(b)	after first 28 days after due	$204.00
date

28	CNL s 293	Lodgment of annual return by small	$70.00
co-operative Plus fee for late lodgment:

(a)	within first 28 days after due	$102.00
date
(b)	after first 28 days after due	$204.00
date

29	CNL s 316 (1)	Application for exemption of	$254.00
certain persons (in relation to a co-operative) from all or specified requirements of “target provisions”
30	CNL s 317 (1)	Application for exemption of	$254.00
certain persons (in respect of a class of co-operatives) from all or specified requirements of “target provisions”

Column 1 Column 2 Column 3 Column 4

Item	Provision	Subject	Fee
31	CNL s 319 (1)	Application for exemption of	$254.00
certain persons from all or specified requirements of “target provisions”
32	CNL s 320 (1)	Application for exemption of	$254.00
certain persons (in respect of classes of audit firms or audit companies) from all or specified requirements of “target provisions”
33	CNL s 322	Application for exemption from a	$254.00
provision of CNR made under Part 3.3 (Financial reports and audit) of CNL
34	CNL s 337	Lodgment of disclosure documents	$2,238.00
for issue of securities other than an issue of securities under CNL s 338
35	CNL s 337	Application for exemption or	$1,098.00
modification of disclosure provisions under Chapter 6D of Corporations Act (as applied)
36	CNL s 338 (3)	Application for approval of	$254.00
disclosure statement for issue of non-share securities to members or employees of co-operative
37	CNL s 343 (3) (a)	Application for approval of	$254.00
disclosure statement for compulsory loan from members to co-operative
38	CNL s 343 (10)	Application for exemption from all	$254.00
or specified provisions of CNL s 343 (requirements for compulsory loans from members to co-operative)
39	CNL s 350 (1) (b)	Application for approval of the	$254.00
and (c)	statement and terms of issue of CCUs
40	CNL s 359 (3)	Application for exemption from a	$254.00
provision of CNL s 248 and s 359 (requirements in respect of disposal or acquisition of significant assets)
41	CNL s 363 (2)	Application to permit a higher	$254.00
maximum level of share interest than 20% in particular co-operative
42	CNL s 372 (1)	Application by an individual from	$254.00
the restrictions on share interests, relevant interests etc
43	CNL s 374 (1) (b)	Application for approval of share	$2,238.00
offers provided for in CNL s 373 that may result in structural change of co-operative

Column 1 Column 2 Column 3 Column 4

Item	Provision	Subject	Fee
44	CNL s 376 (5)	Application to extend time	$71.00
permitted for board to consider a share offer of the kind specified in CNL s 373 (1)
45	CNL s 380 (1)	Application for exemption from a	$1,098.00
provision of Division 2 of Part 3.5 and s 248 of CNL (requirements for share offers under Division 2 of
Part 3.5 of CNL)
46	CNL s 396 (2)	Application for consent to merger or	$71.00
transfer of engagements by way of board approval
47	CNL s 397 (2)	Application for approval of	$254.00
disclosure statement for purposes of a merger or transfer of engagements
48	CNL s 397 (4)	Application for exemption of	$254.00
co-operative from complying with CNL s 397 in relation to disclosure statement about a merger or transfer of engagements
49	CNL s 398 (1)	Application for approval of merger	$71.00
or transfer of engagements
50	CNL s 404 (4)	Application for exemption from a	$254.00
provision of CNL s 248 and s 404 (requirements for transfer of incorporation)
51	CNL s 416 (1) (a)	Application for Registrar’s	$31.00
permission to shorten notice
52	CNL s 418 (1) (f)	Application for direction exempting	$254.00
from disqualification from administering compromise or arrangement
53	CNL s 424 (1) (b)	Application for Registrar’s	$254.00
statement of no objection to compromise or arrangement
54	CNL s 425 (4)	Lodgment of Supreme Court order	$31.00
with Registrar relating to compromise or arrangement Plus fee for late lodgment:

(a)	within first 28 days after due	$102.00
date
(b)	after first 28 days after due	$204.00
date

55	CNL s 428 (1)	Application for Registrar’s approval	$1,098.00
of explanatory statement for compromise or arrangement

Column 1 Column 2 Column 3 Column 4

Item	Provision	Subject	Fee
56	CNL s 445 (3)	Application for exemption from a	$254.00
provision of CNL s 248 or s 445 (requirements for voluntary winding up)
57	CNL s 453	Application to Registrar to exercise	$254.00
powers in respect of property of a deregistered co-operative
58	CNL s 476 (2) (a)	Application to local Registrar to	$71.00
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
59	CNL s 477 (2)	Application for approval by	$254.00
appropriate Registrar of disclosure statement for merger or transfer of engagements—local and
participating co-operatives
60	CNL s 477 (4)	Application to appropriate Registrar	$254.00
for exemption from requirements of CNL s 477 applying to a merger or transfer of engagements—local and participating co-operatives
61	CNL s 478 (1)	Application for approval of merger	$254.00
or transfer of engagements—local and participating co-operatives
62	CNL s 531 (1) (a)	Application to Registrar for special	$254.00
meeting

63	CNL s 531 (1) (b)	Application to Registrar for inquiry $488.00
64	CNL s 588 (1)	Application to Registrar for a $71.00
certificate stating that a thing had or had not been done within a specified period or by a specified date
65	CNL s 588 (2)	Application to Registrar for a $71.00
certificate stating that requirements of the Law had or had not been complied with or had been complied with at a specified date or within a specified period
66	CNL s 588 (3)	Application to Registrar for a $40.00
certificate stating that on a specified date a body was not or had ceased to be registered as a co-operative
under the Law
67	CNL s 601 (1) (a)	Inspection of register of $20.00
co-operatives
68	CNL s 601 (1) (b)	Inspection of documents kept by $20.00
Registrar relating to a co-operative and prescribed by the National Regulations
Column 1 Column 2	Column 3	Column 4

Item	Provision	Subject	Fee
69	CNL s 601 (1) (c)	Extract from register of co-operatives inspected under CNL s 601 (1) (a):
first page	$20.00
each additional page	$1.00
70	CNL s 601 (1) (d)	Certified copy of document that may be inspected under CNL s 601 (1) (b):
first page	$22.00
each additional page	$2.00
71	CNL s 601 (1) (e)	Copy of document that may be inspected under CNL s 601 (1) (b):
first page	$20.00
each additional page	$1.00
72	CNL s 609 (1)	Application for extension or	$71.00
shortening of time
73	CNL s 611 (2) (c)	Application for permission to give	$71.00
(iii)	notice to members by newspaper
74	CNR reg 1.4 (5)	Application by co-operative for	$254.00
declaration that it is a small co-operative for a particular financial year
75	Co-operatives	Application for approval for rules of	$254.00
(Adoption of	certain co-operatives to restrict
National Law) Act	voting rights
2012, Sch 1, cl 5 (1) (a)
76	Co-operatives	Application for prior approval of	$71.00
(Adoption of	proposed amendment of
National Law) Act	co-operative’s rules relating to
2012, Sch 1, cl 5 (2)	cl 5 (1)