Co-operatives (New South Wales)
Amendment (Fees) Regulation 2016
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 amend the Co-operatives (New South Wales) Regulation 2014 to increase certain fees payable in connection with the administration of the Co-operatives (Adoption of National Law) Act 2012, the Co-operatives National Law (NSW) and the Co-operatives National Regulations (NSW). The fee increases are generally in line with the Consumer Price Index (rounded to the nearest dollar).
This Regulation is made under the Co-operatives (Adoption of National Law) Act 2012, including section 18 (the general power to make local regulations).
Co-operatives (New South Wales) Amendment (Fees) Regulation
2016
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 2016.
2 Commencement
This Regulation commences on 1 July 2016 and is required to be published on the
NSW legislation website.
| Schedule 1 | Amendment of Co-operatives (New South Wales)
Regulation 2014 |
[1] Clause 11
Omit the clause. Insert instead:
The fees to be paid in connection with the administration of the Act, the Co-operatives National Law (NSW) and the Co-operatives National Regulations (NSW), including fees for the lodgment of any documents and fees for late lodgment of any documents under the Act, the Co-operatives National Law (NSW) and the Co-operatives National Regulations (NSW), are set out in Schedule 1.
[2] Clause 12 Fees with respect to the applied provisions of the Corporation Act
Omit “clause 11”. Insert instead “Schedule 1”.
[3] Clause 13 Waiving, reducing or refunding fees
Omit “this Part”. Insert instead “Schedule 1”.
[4] Schedule 1
Insert after Part 4:
(Clause 11)
| Item Column 1 | Column 2 | Column 3 |
| Provision | Type of fee | Fee |
| 1 | CNL s 26 (1) (b) (ii) | Application for registration of proposed | $363 |
co-operative—draft formation disclosure
statement required under CNL s 23 |
| 2 | CNL s 26 (1) (b) (ii) | Application for registration of proposed | $104 |
co-operative—draft formation disclosure
statement not required under CNL s 23 |
| 3 | CNL s 31 (b) (ii) | Application for registration of existing | $363 |
corporation—draft formation disclosure
statement required under CNL s 23 |
| 4 | CNL s 31 (b) (ii) | Application for registration of existing | $104 |
| corporation—draft formation disclosure statement not required under CNL s 23 |
| 5 | CNL s 37 (b) (ii) | Issue of duplicate certificate of registration | $32 |
| 6 | CNL s 60 | Application for Registrar’s prior approval of | $72 |
| certain rule amendments |
| Item Column 1 | Column 2 | Column 3 |
| Provision | Type of fee | Fee |
| 7 | CNL s 63 (2) | Application for registration of rule | $32 |
amendment, other than where pre-approved
under CNL s 60—per rule (maximum of
$158 per lodgment) |
| Plus fee for late lodgment: |
| (a) | within first 28 days after due date | $104 |
| (b) | after first 28 days after due date | $208 |
| 8 | CNL s 63 (4) | Application for issue of certificate of | $32 |
| registration of rule amendment |
| 9 | CNL s 71 (1) | Application for exemption from any or all | $72 |
| provisions of Division 2 of Part 2.4 of CNL |
| 10 | CNL s 82 (3) (a) | Application for registration of disclosure | $259 |
| statement for compulsory share take up |
| 11 | CNL s 119 (5) | Application to extend period for carrying on | $259 |
| business with too few members |
| 12 | CNL s 152 (3) | Application for determination of a member’s | $259 |
eligibility to vote on an active membership
resolution |
| 13 | CNL s 171 | Application for exemption of co-operative | $259 |
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 register at | $72 |
| another office |
| 15 | CNL s 220 (7) | Use of “Co-operative”, “Co-op” etc— | $259 |
application for exemption by Registrar (cl 5
of this Regulation) |
| 16 | CNL s 221 (1) | Application to approve omission of “Limited” | $156 |
| or “Ltd” in name |
| 17 | CNL s 222 (e) | Application to approve abbreviation or | $32 |
| elaboration of name |
| 18 | CNL s 224 | Application to approve change of name | $259 |
| 19 | CNL s 225 (2) | Restriction on use of “Co-operative”, | $259 |
“Co-op” etc—application for exemption by
Registrar (cl 6 of this Regulation) |
| 20 | CNL s 226 (4) | Lodgment of notice of change of address | nil |
| Fee for late lodgment: |
| (a) | within first 28 days after due date | $104 |
| (b) after first 28 days after due date 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 | $208 |
| 21 | CNL s 226 (6) | Application for exemption for a small | $72 |
| 22 | CNL s 233 (2) | Application by member for review of voting | $259 |
| entitlement |
| Item Column 1 | Column 2 | Column 3 |
| Provision | Type of fee | Fee |
| 23 | CNL s 243 (2) (c) (ii) | Filing fee for registration of special resolution— | $32 |
per resolution (maximum of $158 per lodgment)
Plus fee for late lodgment: |
| (a) | within first 28 days after due date | $104 |
| (b) | after first 28 days after due date | $208 |
| 24 | CNL s 244 (3) | Application for certificate of registration of | $32 |
| special resolution |
| 25 | CNL s 248 (3) | Application for approval of disclosure | $259 |
| statement for special postal ballot |
| 26 | CNL s 289 | Lodgment of annual financial reports by large | $259 |
co-operative
Plus fee for late lodgment: |
| (a) | within first 28 days after due date | $104 |
| (b) after first 28 days after due date co-operative that is a disclosing entity
Fee for late lodgment: | $208 |
| 27 | CNL s 290 | Lodgment of half-year reports by | nil |
| (a) | within first 28 days after due date | $104 |
| (b) | after first 28 days after due date | $208 |
| 28 | CNL s 293 | Lodgment of annual return by small co-operative $71
Plus fee for late lodgment: |
| (a) | within first 28 days after due date | $104 | |
| (b) after first 28 days after due date (in relation to a co-operative) from all or
specified requirements of “target provisions” | $208 | |
| 29 | CNL s 316 (1) | | Application for exemption of certain persons | $259 | |
| 30 | CNL s 317 (1) | | Application for exemption of certain persons | $259 | |
| (in respect of a class of co-operatives) from all or specified requirements of “target provisions” |
| 31 | CNL s 319 (1) | | Application for exemption of certain persons | $259 | |
from all or specified requirements of “target
provisions” |
| 32 | CNL s 320 (1) | | Application for exemption of certain persons | $259 | |
(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 provision | $259 | |
of CNR made under Part 3.3 (Financial reports
and audit) of CNL |
| 34 | CNL s 337 | | Lodgment of disclosure documents for issue | $2,282 | |
of securities other than an issue of securities
under CNL s 338 |
| Item Column 1 | Column 2 | Column 3 |
| Provision | Type of fee | Fee |
| 35 | CNL s 337 | Application for exemption or modification | $1,120 |
of disclosure provisions under Chapter 6D
of Corporations Act (as applied) |
| 36 | CNL s 338 (3) | Application for approval of disclosure | $259 |
statement for issue of non-share securities to
members or employees of co-operative |
| 37 | CNL s 343 (3) (a) | Application for approval of disclosure | $259 |
statement for compulsory loan from members
to co-operative |
| 38 | CNL s 343 (10) | Application for exemption from all or | $259 |
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 statement and | $259 |
| and (c) | terms of issue of CCUs |
| 40 | CNL s 359 (3) | Application for exemption from a provision of | $259 |
| 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 maximum | $259 |
level of share interest than 20% in particular
co-operative |
| 42 | CNL s 372 (1) | Application by an individual for exemption | $259 |
from the restrictions on share interests,
relevant interests etc |
| 43 | CNL s 374 (1) (b) | Application for approval of share offers | $2,282 |
provided for in CNL s 373 that may result in
substantial change in share interest in
co-operative |
| 44 | CNL s 376 (5) | Application to extend time permitted for board | $72 |
to consider a share offer of the kind specified
in CNL s 373 (1) |
| 45 | CNL s 380 (1) | Application for exemption from a provision | $1,120 |
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 transfer | $72 |
| of engagements by way of board approval |
| 47 | CNL s 397 (2) | Application for approval of disclosure | $259 |
statement for purposes of a merger or transfer
of engagements |
| 48 | CNL s 397 (4) | Application for exemption of co-operative | $259 |
| 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 or transfer | $72 |
| of engagements |
| 50 | CNL s 404 (4) | Application for exemption from a provision of | $259 |
| CNL s 248 and s 404 (requirements for transfer of incorporation) |
| Item Column 1 | Column 2 | Column 3 |
| Provision | Type of fee | Fee |
| 51 | CNL s 416 (1) (a) | Application for Registrar’s permission to | $32 |
| shorten notice |
| 52 | CNL s 418 (1) (f) | Application for direction exempting from | $259 |
disqualification from administering
compromise or arrangement |
| 53 | CNL s 424 (1) (b) | Application for Registrar’s statement of no | $259 |
| objection to compromise or arrangement |
| 54 | CNL s 425 (4) | Lodgment of Supreme Court order with | $32 |
Registrar relating to compromise or arrangement
Plus fee for late lodgment: |
| (a) | within first 28 days after due date | $104 |
| (b) after first 28 days after due date explanatory statement for compromise or
arrangement | $208 |
| 55 | CNL s 428 (1) | Application for Registrar’s approval of | $1,120 |
| 56 | CNL s 445 (3) | Application for exemption from a provision | $259 |
of CNL s 248 or s 445 (requirements for
voluntary winding up) |
| 57 | CNL s 453 | Application to Registrar to exercise powers | $259 |
in respect of property of a deregistered
co-operative |
| 58 | CNL s 476 (2) (a) | Application to local Registrar to consent to | $72 |
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 appropriate | $259 |
Registrar of disclosure statement for merger
or transfer of engagements—local and
participating co-operatives |
| 60 | CNL s 477 (4) | Application to appropriate Registrar for | $259 |
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 or | $259 |
transfer of engagements—local and
participating co-operatives |
| 62 | CNL s 531 (1) (a) | Application to Registrar for special meeting | $259 |
| 63 | CNL s 531 (1) (b) | Application to Registrar for inquiry | $498 |
| 64 | CNL s 588 (1) | Application to Registrar for a certificate stating | $72 |
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 certificate | $72 |
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 |
| Item Column 1 | Column 2 | Column 3 |
| Provision | Type of fee | Fee |
| 66 | CNL s 588 (3) | Application to Registrar for a certificate stating | $41 |
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 co-operatives | $20 |
| 68 | CNL s 601 (1) (b) | Inspection of documents kept by Registrar | $20 |
relating to a co-operative and prescribed by the
National Regulations |
| 69 | CNL s 601 (1) (c) | Extract from register of co-operatives inspected
under CNL s 601 (1) (a): |
| first page | $20 |
| each additional page | $1 |
| 70 | CNL s 601 (1) (d) | Certified copy of document that may be inspected
under CNL s 601 (1) (b): |
| first page | $22 |
| each additional page | $2 |
| 71 | CNL s 601 (1) (e) | Copy of document that may be inspected under
CNL s 601 (1) (b): |
| first page | $20 |
| each additional page | $1 |
| 72 | CNL s 609 (1) | Application for extension or shortening of time | $72 |
| 73 | CNL s 611 (2) (c) (iii) | Application for permission to give notice to | $72 |
| members by newspaper |
| 74 | CNR reg 1.4 (5) | Application by co-operative for declaration | $259 |
that it is a small co-operative for a particular
financial year |
| 75 | Co-operatives | Application for approval for rules of certain | $259 |
| (Adoption of National | co-operatives to restrict voting rights |
Law) Act 2012, Sch 1,
cl 5 (1) (a) |
| 76 | Co-operatives | Application for prior approval of proposed | $72 |
| (Adoption of National | amendment of co-operative’s rules relating to |
| Law) Act 2012, Sch 1, | cl 5 (1) |
| cl 5 (2) |