Friendly Societies Act 1912 (NSW)
Act No. 46, 1912.
An Act to consolidate the Acts relating to
friendly societies. [2Qth November, 1912.]
BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—•
P A E T PAET I.
PEELIMINAEY.
1 . This Act may be cited as the " Friendly Societies Act, 1912," and is divided into Par ts as follows:—
PAET I.—PEELIMINAEY—ss. 1-4.
PAET II.—EEGISTEATION—
The registry office—ss. 5-9.
Registry of societies—ss. 10-19.
Societies with branches—ss. 20-24.
Cancellation and suspension of registry—s. 25.
PART I I I .—FINANCIAL—
Audit, returns, and report—ss. 26 -31 . Property and trustees—ss. 32-37 .
'Accounts and investments—ss. 3 8 - 4 1 . *
Accumulation of surplus—s. 4 2 . Contributions to other societies, and subscriptions to hospitals-
ss. 43-44 .
Officers in receipt or charge of money—ss. 45 -47 . PART IV.—BENEFITS.
Limitations of benefit—s. 4 8 .
Benefits at death generally—ss. 49 -53 . Benefits at death of children—ss. 54-59 .
PART V.—AMALGAMATION, CONVERSION, AND DISSOLUTION—
Amalgamation and conversian—ss. 60 -63 .
Dissolution—ss. 64-68 .
PART VI.—INSPECTION—ss. 6 9 - 7 1 . PART V I I .—DISPUTES—SS . 72-74 . PART VII I .—SUBVENTIONS—SS. 7 5 - 9 1 . PART IX.—OFFENCES, PENALTIES, AND LEGAL PROCEEDINGS— SS.
92-102 .
PART X.—MISCELLANEOUS PROVISIONS—
Minors—s. 103 . Names of societies and branches—ss. 104-106.
Registered office—s. 107.
Special resolution—ss. 108-109.
Advertisements—s. 110. Evidence—s. 1 1 1 . Copies—ss. 112-113 . Military and naval forces—s. 114.
Fees—ss. 115-116.
Forms—s. 117 . Regulations—s. 118 . 2. The Acts in Schedule One hereto mentioned are, to the extent
therein expressed, hereby repealed.
3. ( 1 ) Every friendly society registered under the provisions
of any Act hereby repealed, and being so registered at the commence
ment of this Act, shall be deemed to have been registered under the
| provisions of this Act. | ( 2 ) |
(2) All persons appointed under the provisions of any Act hereby repealed, and holding office at the commencement of this Act, shall be deemed to have been appointed under the provisions of this Act.
(3) All regulations made under the provisions of any Act hereby repealed, and being in force at the commencement of this Act, shall be deemed to have been made under the provisions of this Act.
(4) Any matter or thing duly done under the authority of an Act hereby repealed shall be deemed to have been duly done under the provisions of this Act.4. In this Act, unless the context or subject-matter otherwise indicates or requires—
" Amendment of rule " shall include a new rule, and a resolution rescinding a rule.
" Branch " shall mean any number of the members of a society under the control of a central body having a separate fund, administered by themselves or by a committee or officers appointed by themselves, and bound to contribute to a fund under the control of a central body, and which has been desig nated as a branch of a society in any acknowledgment of the registry of that society, or of the registry of the rides or establishment of a new branch."Central body" means, in the case of a society with branches, the body of delegates appointed under the rules of the society to control the business of such branches.
"Committee" means the committee of management or other directing body of a society or branch.
" L a n d " includes any interest in land.
"Meet ing" includes (where the rules of the society so allow)
a meeting of delegates appointed by members.
"Officer" includes any trustee, treasurer, secretary, or member
of the committee of management of a society or branch, or
person appointed by the society or branch to sue and be sued on its behalf.
"Persons claiming through a member" includes the nominees of the member when nomination is allowed.
" P r o p e r t y " extends to all property (whether real or personal),
including books and papers.
"Registered society" means a society registered under this Act.
" Registrar " means the Registrar of Friendly Societies under
this Act.
PART
PART II . REGISTRATIONS.
The registry office.
5. (1) There shall be a Registrar of Friendly Societies appointed by the Governor, subject to the provisions of the Public Service Act, 1902, and every Registrar shall be appointed by, and shall hold his office during the pleasure of, the Governor.
(2) The office of the Registrar of Friendly Societies may, with the approval of the Governor, have attached to it such assistants skilled in the business of an actuary and an accountant as may be required for discharging the duties imposed on the office by this Act.
6. The office of the Registrar shall, with the approval of the
Governor—
(a) prepare and cause to be circulated, for the use of societies, model forms of accounts, balance-sheets, and valuations; and (b) collect from the returns under this Act and from other sources, and publish and circulate, either generally or in any particular district, or otherwise make known, such information on the subject of the statistics of life and sickness and the application thereof to the business of friendly societies, and such par ticulars of their returns and valuations, and such other infor mation useful to the members of or to persons interested in societies registered or capable of being registered under this Act as the Registrar may think fit; and (c) cause to be constructed and published tables for the payment of sums of money on death, in sickness, or old age, or on any other contingency forming the subject of an assurance authorised under this Act which may appear to be calculable: Provided that the adoption of any one or more of these tables by a society shall be optional.
| 7. The Treasurer shall, out of money to be provided by Parlia ment, pay to the Registrar such salary or other remuneration, and such sums of money for defraying the expenses of office rent, salaries of assistants, clerks, and servants, remuneration for actuaries, account- ants, and inspectors, computation of tables, publication of documents, diffusion of information, expenses of prosecutions, travelling expenses and other allowances of the Registrar, and other expenses which may be incurred for carrying out the purposes of this Act as the Governor may allow. |
8. The Registrar shall every year make a report of his pro ceedings and of the principal matters transacted by him, and of the valuations returned to or caused to be made by the Registrar during the year preceding, and that report shall be laid before Parliament.
9. All documents by this Act required to be sent to the Registrar
shall be deposited with the rules of the societies to which the documents respectively relate, and shall be registered or recorded by the Registrar, with such observations thereon, if any, as the Registrar may direct.
Registry of Societies.
10. (1) All the following friendly societies and all branches
thereof shall be registered under this Act, namely:—Societies estab- lished for the purpose of providing by subscriptions of the members
thereof, with or without the aid of donations, for—
(a)
the relief or maintenance of the members, their husbands, wives, children, fathers, mothers, brothers or sisters, nephews or nieces, or wards being orphans, during sickness or other infirmity, whether bodily or mental, in old age (which shall mean any age after fifty), or in widowhood, or for the relief or maintenance of the orphan children of members during minority; or
(b)
medical attendance for and the dispensing of medicines to the members, their husbands, wives, children, fathers, mothers, brothers or sisters, nephews or nieces, or wards being orphans; or
(c)
insuring money to bo paid on the birth of a member's child, or on the death of a member, or for the funeral expenses of the husband, wife, or child of a member, or of the widow of a deceased member, or, as respects persons of the Jewish persuasion, for the payment of a sum of money during the period of confined mourning; or
(d)
the relief or maintenance of the members when on travel in search of employment, or when in distressed circumstances, or in case of shipwreck, or loss or damage of or to boats or
nets; or (e) the endowment of members or nominees of members at any age ;o r (f)
the insurance against fire, to any amount not exceeding fifteen pounds, of the tools or implements of the trade or calling of the members.
( 2 ) Every such society or branch shall be so registered
within six months from the date on which it begins to carry on the
business and perform the functions of a society or branch.(3) Any member of the committee of management of any such society or branch not so registered who takes any money or valuable thing in consideration of the allotment of any shares or interest in that society after the expiration of the period fixed as above mentioned for the registration of the society or branch, shall be liable to a penalty not exceeding twenty pounds. (4)
(4) Dividing or levy societies—that is to say, societies formed for any of the purposes mentioned in subsection one of this section, and closing their funds, discharging their liabilities, and divi ding their assets (if any) annually—shall be exempt from the provisions of this section.
11. (1) The Registrar may register under this Act societies
for any purpose of mutual benefit and advantage to the members only, and not being within the purposes mentioned in the Building and Co- operative Societies Act, 1902, which the Governor may authorise as a purpose to which the provisions of this Act, or such of them as are specified in the authority, ought to be extended:
Provided that where any provisions of this Act are so specified, those provisions only shall be so extended.
(2) The rules of such societies authorised by the Governor under the preceding subsection or branches thereof as the Governor may allow to take the benefit of this section, shall bind the society or branch and the members thereof, and all persons claiming through them respec tively, to the same extent as if each member had subscribed his name and affixed his seal thereto, and there were in the rules contained a covenant on the part of himself, his heirs, executors, and administrators, to con form to the rules subject to the provisions of this Act.
(3) All sums of money payable by a member to such society or branch as aforesaid shall be deemed to be a debt due from the member to the society or branch, and shall be recoverable as such in any court of competent jurisdiction.
12. The Registrar may, at the request of such number of mem
bers as represent five-sixths of the shares in the society, cancel the registry of a society registered under Par t I I of the Building and Co- operative Societies Act, 1902, and register such society under the pro visions of this Act:
| Provided that the rules and constitution of the society shall first to the satisfaction of the Registrar that the requirements of the credi | be made to accord with the provisions of this Act, and that it is proved |
| tors of the society have been fully met. |
13. Notwithstanding anything in this Act contained, no society
shall be registered under this Act unless it consists of seven persons at
least.
14. (1) For the purpose of registry there shall bo sent to the
Registrar an application to register the society, signed by seven members and the secretary, and copies of the rules, together with a list of the names of the secretary and of every trustee or other officer intended to be authorised to sue or be sued on behalf of the society.
(2) The rules of the society so sent shall contain provisions
in respect of the several matters mentioned in Schedule Two to this Act.
(3)
(3) If the list is signed by the secretary and every trustee and other officer named therein, it shall, on the registry of the society, be evidence that the persons so named have been duly appointed.
15. The Registrar, on being satisfied that a society has com plied with the provisions of this Act as to registry, shall issue to that society an acknowledgment of registry specifying the designation of the society and, if the society has branches, the designations of those branches, and this acknowledgment shall be conclusive evidence that the society therein mentioned is duly registered, unless it is proved that the registry of the society has been suspended or cancelled.
16. From a refusal to register a society, an appeal shall lie to
the Supreme Court, and if the refusal to register is overruled on appeal,
the Registrar shall give an acknowledgment of registry to the society.17. Until the rules of any registered society or branch thereof
have been duly registered, such rules shall be inoperative and of no
effect.18. ( 1 ) An amendment of a rule made by a registered society
or branch of such society shall not be valid until the amendment has been registered under this Act, for which purpose copies of the amend ment, signed by three members and the secretary, shall be sent to the Registrar.
(2) The Registrar shall, on being satisfied that any amend ment of a rule is not contrary to the provisions of this Act, issue to the society an acknowledgment of registry of the amendment, and that acknowledgment shall be conclusive evidence that the amendment is duly registered.(3) The provisions of this Act as to appeal from a refusal to register a society shall apply to a refusal to register an amendment of a rule.
19. ( 1 ) A society assuring to any member thereof a certain
annuity or certain superannuation, deferred or immediate, or any sum payable as endowment or in case of sickness or death, or in pursu ance of any other object authorised by this Act, which is susceptible of calculation by way of average, shall not be entitled to registry unless the tables of contributions payable for such kinds of assurance certified under the hand of an actuary who has exercised his profession for at least five years are transmitted to the Registrar, together with the copies of the rules as aforesaid.
(2) No amendment of the rules of any registered society or branch relating to contributions payable for any assurance by such society or branch susceptible of calculation by way of average, shall be registered unless the table of contributions payable for such kind of
assurance
assurance certified under the hand of an actuary who has exercised his profession for at least five years has been transmitted to the Registrar, together with copies of the rules as aforesaid.
Societies with branches.
20. No society shall, in respect of any branch thereof, be entitled to any of the privileges of any statutes passed or to be passed relating to friendly societies until such branch has been registered.
21. Where a society has branches, the application for registry
shall be accompanied with—
(a) a list of all the branches, and notice of the place where the registered office of each branch is situate; and (b) if any branch is to have trustees or officers authorised to sue and be sued on its behalf other than the trustees or officers authorised to sue and be sued on behalf of the society, a list of the names of all such trustees or officers, distinguishing the branches for which they are authorised to sue and be sued; and (c) if the rules of all the branches (in this Act called branch rules) arc or are intended to be identical, a statement to that effect, and copies of those rules; and (d) if the branch rules are not or are not intended to be identical, a statement to that effect, and copies of all branch rules. 22. (1) There shall be sent by and under the hand of the
secretary of a registered society to the Registrar—
(a)
notice of the establishment of every new branch of the society; and
(b) notice of the place where the registered office of the branch is
situate; and
(c)
if the branch is to have trustees or officers authorised to sue and be sued on its behalf other than the trustees or officers authorised to sue and be sued on behalf of the society, a list of the names of such trustees or officers; and
(d)
a statement whether or not the rules of the branch are identical with those of the other branches of the society, and, if not so, a copy of the rules of the branch.
(2) The Registrar shall, on being satisfied that the estab
lishment of the new branch and that the rules thereof are not contrary tothe provisions of this Act, register the rules and issue to the society an
2 s acknowledgment
acknowledgment of the establishment of the branch and an acknowledg ment of the registry of the rules, and those acknowledgments, shall respectively be conclusive evidence that the branch is established, and that the rules had been duly registered:
Provided that where such rules are substantially identical with the rules of some other registered branch, it shall be sufficient, with respect to such rules, if the Registrar record the fact in the register and notify the society thereof.
23. The provisions of this Act as to appeal from a refusal to
register a society shall apply to a refusal to acknowledge the establish
ment of a new branch or to register the rules of a new branch.24. ( 1 ) A branch of a society shall not be registered as a
society except on production to the Registrar of a certificate, under the hand of the secretary or other principal officer of the society of which it was a branch, that the body has wholly seceded or has been expelled from the society.
(2) An appeal shall lie to the Supreme Court from the refusal of the secretary or other principal officer of the society, or his omission after three months from the receipt of a request in writing made on behalf of the body to grant a certificate.
Cancellation and suspension of registry.
25. ( 1 ) The Registrar may—
(a)
if he thinks fit, at the request of a society, to be evidenced in such manner as he may direct; or
(b)
with the approval of the Governor, on proof to his satisfaction that an acknowledgment of registry has been obtained by fraud or mistake, or that a society exists for an illegal purpose, or has wilfully and after notice from the Registrar violated any of the provisions of this Act, or of any Act hereby repealed,
or has ceased to exist; or (c)
if any society or branch thereof fails to comply within a period of twelve months, after due notice has been given by the Registrar (acting under the advice of the actuary), with any requirement duly made by him under his hand, in reference to the adequacy of the contributions to provide the benefits pro vided under its rules;
by writing under his hand cancel the registry of such society or branch.
(2) The Registrar, in any case in which he might, with the approval of the Governor, cancel the registry of a society or branch, may, by writing under his hand, suspend the registry for any term not exceeding three months; and may, with the approval of the Governor,
renew the suspension for the like period. (3)
(3) Unless the Registrar has given to a registered society or branch not less than two months' previous notice in writing, specify ing briefly the ground of any proposed cancelling or suspension, the registry of the society or branch shall not be cancelled (except at its request) or suspended.
(4) Where the registry of a society or branch has been cancelled or suspended, notice thereof shall forthwith be advertised in the Gazette.
(5) Where the registry of a society or branch has been suspended or cancelled, the society shall, from the time of the suspension or cancelling (but if suspended, only while the suspension lasts, and sub ject also to the right of appeal given by this section) absolutely cease to enjoy as such the privileges of a registered society or branch, but with- out prejudice to any liability actually incurred by the society or branch, and any such liability may be enforced against the society or branch as if the suspension or cancelling had not taken place.
(6) A society or branch may appeal from the cancelling of its registry, or from any suspension thereof which is renewed after six months, from the Registrar to the Supreme Court.
PART I I I .
FINANCIAL.
Audit, returns, and report.
26. ( 1 ) Every registered society and branch shall, once at least
in every year, submit its accounts for audit either to one of the auditors appointed as in this Act mentioned or to two or more persons appointed as the rules of the society or branch provide, which auditors shall have
access to all the books, papers, deeds, documents, and accounts of the society or branch, and shall examine the general statements of the receipts and expenditure, funds, and effects, of the society or branch, and verify the same with the accounts and vouchers relating thereto, and by examining the securities held by the society or branch, and shall either sign the same as found by them to be correct, duly vouched and in accordance with the law, or specially report to the society or branch in what respect they find it incorrect, unvouched, or not in accordance with law, and shall accompany such report by a balance-sheet signed by them giving a correct statement of the financial position of the society or branch, and of each of its funds.
(2) The auditors shall also examine the annual return
mentioned in this Act, and verify the annual return with the accountsand
and vouchers relating thereto; and shall either sign the annual return as found by them to be correct, duly vouched, and in accordance with law, or specially report to the society or branch in what respects they find it incorrect, unvouched, or not in accordance with law.
27. (1) The secretary of every registered society or branch
shall, once in each year, not later than the thirty-first day of March, send to the Registrar a return (in this Act called the annual returns) of the receipts and expenditure, funds, and effects of the society or branch as audited:
Provided that the Registrar may, on his being satisfied that there are reasonable grounds for so doing, extend the period to any date not later than the thirty-first day of May in the said year.
(2) The annual return must—
(a)
show separately the receipts and expenditure in respect of the several objects of the society or branch; and
(b)
show a return containing a list of the members of such society or branch, together with the age of each, and the periods of sickness, death, and other contingencies in respect of which benefits are given by the society or branch, experienced by the society or branch during the year ending the thirty-first day of December then last, specifying the members in respect of whom such sickness, deaths, or contingencies have been experienced, and such other information as the Registrar may from time to time prescribe; and
(c)
be made out to the thirty-first day of December then last inclusively; and
(d)
state whether the audit has been conducted by an auditor appointed as by this Act provided, and by whom, and, if by persons other than such auditor, state the name, address, and calling or profession of every such person, and the manner in
which, and the authority under which, he is appointed. (3) The society or branch shall, together with the annual
return, send a copy of any special report to the auditors.
28. (1) Every registered society and branch shall, once at
least in every five years, send to the Registrar a return of the benefits assured and contributions receivable from all the members of the society or branch, and of all its funds and effects, debts and credits, accompanied by such evidence in support thereof as the Registrar prescribes.
(2) The report must—
(a) be signed by the auditors; and
(b)
state the address and calling or profession of the auditors; and
(c)
(c)
contain an abstract to be made by the auditors of the results of their audit, together with a statement containing such informa tion with respect to the benefits assured and the contributions receivable by the society or branch, and of its funds and effects, debts and credits, as the Registrar may require.
(3) On receipt of such return the Registrar shall cause the assets and liabilities of the society or branch to be valued and reported on by the actuary attached to the office of the Registrar, and shall send to the society or branch a copy of the report and an abstract of the results of the valuation.
(4) Provided that this section shall not apply to a society authorised by the Governor under section eleven of this Act, or branch of such society, unless it is so directed in the authority for registering that society.
(5) Provided also that where the Registrar deems the provisions of this section inapplicable to the purposes or the nature of the operations of any society or branch, he may, with the approval of the Governor, dispense with such provisions in respect of such society or branch.29. Every registered society and branch shall keep a copy of
the last annual balance-sheet, and of the last quinquennial valuation, together with any special report of the auditors, which shall be open to the inspection of any member at all reasonable hours.
30. (1) For the purpose of audits, the Governor, subject to the
provisions of the Public Service Act, 1902, may appoint auditors.
(2) Valuations required to be made under this Act shall
be made by an actuary attached to the office of the Registrar.
(3) No fees shall be payable in respect of such audits or
valuation.
31. On valuation being made under this Act of the assets and
liabilities of a registered society or branch, the Registrar may make such recommendations to the society or branch as he may deem to be
authorised by such valuation. If from a consideration of such valuation it appears to the Regis trar that it is necessary or desirable that steps be taken to improve the financial position of the society or branch, the Registrar may, by writing under his hand, require the society or branch to submit to him proposals for improving its financial position, and the society or branch shall thereupon so submit such proposals.
Property and trustees.
32. (1) Every registered society and branch shall have three
or more trustees.
(2) The trustees shall be appointed at a meeting of the
society or branch, and by a resolution of a majority of the members
present and entitled to vote thereat. (3) (3) The society or branch shall send to the Registrar a copy of every resolution appointing trustees, signed by each of the trustees so appointed and by the secretary and three members of the society or branch. In the case of a branch, the copy of the resolution shall be sent to the Registrar through an officer appointed in that behalf by the society of which the branch forms part.
(4) The same person shall not be secretary or treasurer of
a registered society or branch and a trustee of that society or branch.
33. A registered society, or, with the consent of the central
body, any branch of a society, may (if the rules of the society so provide), for the purpose of holding the meetings and transacting the business of such society or branch, hold, purchase, or take on lease in the names of the trustees for the time being of such society or branch any land, and may build upon the same, and sell, exchange, mortgage, or lease such land or buildings, or any part thereof, with power to alter and pull down buildings and again rebuild thereon; and no purchaser, assignee, mortgagee, or tenant shall be bound to inquire as to the authority for any sale, exchange, mortgage, or lease by the trustees, and the receipt of the trustees shall be a discharge for all moneys arising from or in connection with such sale, exchange, mortgage, or lease.
34. (1) All property belonging to a registered society, whether
acquired before or after the society is registered, shall vest in the trus tees for the time being of the society, for the use and benefit of the society and the members thereof, and of all persons claiming through the members according to the rules of the society.
(2) The property of a branch of a society shall vest wholly or partly in the trustees for the time being of that branch, or of any other branch of which that branch forms part (or, if the rules of the society so provide, in the trustees for the time being of the society), for the use and benefit either of the members of any such branch and persons claiming through those members, or of the members of the society
the society. generally, and persons claiming through them, according to the rules of (3) The trustees shall not be liable to make good any deficiency in the funds of the society or branch, but shall be liable for sums of money actually received by them respectively on account of the society or branch. 35. Upon the death, resignation, or removal of a trustee of a
registered society or branch, the property vested in that trustee shall, without conveyance or assignment, and whether the property is real or personal, vest, as personal estate subject to the same trusts, in the succeeding trustee of that society or branch either solely or together with any surviving or continuing trustees, and, until the appointment of succeeding trustees, shall so vest in the surviving or continuing trustees
only,
only, or in the executors or administrators of the last surviving or con tinuing trustee, except that stocks and securities in the public funds shall be transferred into the names of the succeeding trustees either solely or jointly with any surviving or continuing trustees.
36. (1) Where a person being, or having been, a trustee of a
registered society or branch, and whether appointed before or after the registry thereof, in whose name any funds belonging to the society is standing, either jointly with another or others, or solely—
(a) is absent from the State; or
(b)
becomes bankrupt or files any petition, or executes any deed for liquidation of his affairs by assignment or arrangement, or for composition with his creditors; or
(c) becomes lunatic; or
(d) has been removed from his office of trustee.
(e) is dead, or it is unknown whether he is living or dead;
the Registrar may, on application in writing from the secretary and three members of the society or branch, and on proof satisfactory to him, direct the transfer of the funds into the names of any other persons as trustees for the society or branch.
(2) The transfer shall be made by the surviving or con tinuing trustees, or, if there is no such trustee, or if the trustees refuse or are unable to make the transfer, as the Registrar may direct.
37. In all legal proceedings whatsoever concerning any property vested in the trustees of a registered society or branch, the property may be stated to be the property of the trustees in their proper names as trustees for the society or branch without further description.
Accounts and investments.
38. (1) In every registered society or branch, all moneys
received or paid on account of any particular fund or benefit providedby the rules shall be entered in a separate account distinct from the
moneys received or paid on account of any other fund or benefit, and the moneys belonging to any one such fund or benefit shall not be used in any manner for the purposes of any other fund or benefit. The expenses of management or of renovation and maintenance of any property in which the funds of a society may be invested may be borne out of the revenue derived from such property:
Provided that, in the case of property in which money belonging to the funeral fund or the sick fund of any society or branch may be invested, such expenses shall be so borne only out of earnings in excess of the sum representing four per centum on such moneys belonging to the funeral fund or sick fund:
Provided also that it shall be lawful to apply any savings out of
moneys applicable for management expenses in aid of any of the funds
or benefits of the society or branch. ( 2 ) (2) Where the Registrar is satisfied that any moneys of a registered society or branch have, after the twelfth day of December, one thousand nine hundred and six, been appropriated from any fund or account for purposes other than those expressed or directed in the rules of such society or branch, he may, in writing, direct the trustees of such society or branch to restore such moneys to such fund or account within such time as he may notify in his direction.
Any trustees failing to comply with the terms of such direction within the time therein specified shall be liable to a penalty not exceeding twenty pounds.
39. ( 1 ) The trustees of a registered society or branch may,
with the consent of the committee or of a majority of the members present and entitled to vote in general meeting, invest the funds of the society or branch, or any part thereof, to any amount in any of the following ways:—
(a)
In the Government Savings Bank, or in the Savings Bank of New South Wales; or
(b) in the public funds; or
(c)
in the purchase of land, or in the erection or alteration of offices or other buildings thereon; or
(d)
upon any other security expressly directed by the rules of the society or branch, not being personal security, except as in this Act authorised with respect to a loan fund.
(2) The rules of a society with branches, and of any branch
thereof, may provide for the investment of funds of the society or of
that branch by the trustees of any branch, or by the trustees of the society, and the consent required for any such investment shall be the consent of the committee or of such majority as aforesaid of the society or branch by whom the funds are invested.40. Where any portion of the funds of a society or branch have
been invested upon mortgage of land, a receipt under the hands of the
trustees, countersigned by the secretary, in the form in the Schedule
Three hereto, if endorsed upon, or annexed to the mortgage or otherassurance, shall, without reconveyance or resurrender, vacate the mort gage or assurance and vest the property therein comprised in the person entitled to the equity of redemption of that property to the uses and upon the trusts to or upon which the equity of redemption at the date of such receipt stood limited.
41. A registered society may, out of any separate loan fund to
be formed by contributions or deposits of its members, make loans to members on their personal security, with or without sureties, as may be provided by the rules, subject to the following restrictions:—
(a)
A loan shall not at any time be made out of money contributed for the other purposes of the society;
(b) a member shall not be capable of holding any interest in the
loan fund exceeding two hundred pounds; (c)
(c)
a society shall not make any loan to a member on personal security beyond the amount fixed by the rules, or make any loan which, together with any money owing by a member to the society, exceeds fifty pounds;
(d)
a society shall not hold at any one time on deposit from its members any money as distinct from contributions beyond the amount fixed by the rules.
Accumulation of surplus.
42. The rules of a registered society or branch may provide for
accumulating at interest, for the use of any member, any surplus of his contributions to the funds of the society or branch which may remain after providing for any insurance in respect of which they are paid and for the withdrawal of the accumulations.
Contributions to other societies, and subscriptions to hospitals.
43. ( 1 ) A registered society or branch may contribute to the
funds and take part, by delegates or otherwise, in the government of any other registered society or branch of a society, as provided in the rules of that first-named society or branch, without becoming a branch under this Act of that other society or branch.
(2) A registered society or branch thereof shall not with draw from contributing to the funds of any medical society except on three months' notice to the society, and on payment of all contributions accrued or accruing due to the date of the expiration of the notice.
44. A registered society or branch may subscribe out of its
funds to any hospital, infirmary, charitable or provident institution, any annual or other sum which may be necessary to secure to members of the society or branch and their families the benefits of the hospital, infirmary, or other institution.
Officers in receipt or charge of money. 45. Every secretary and treasurer of a registered society or
branch shall, before taking office, give the security of a guarantee society, in such sum as the society or branch directs, conditioned for rendering a just and true account of all sums of money received and paid by them, or either of them, on account of the society or branch at such times as its rules appoint, or as the society or branch, or the trustees or committee
thereof, require them, or either of them, to do, and for the payment by
them, or either of them, of all sums due from them, or either of them, to
the society or branch.
46. (1) Every officer of a registered society or branch having
receipt or charge of money, securities, books, papers, or other effects belonging to such society or branch, shall, at such times as by the rules of
the
the society or branch he should render account, or upon demand made, or notice in writing given or left at his last or usual place of residence, deliver his account of such money, securities, books, papers, or other effects as may be required by the society or branch, or by the trustees or committee thereof, to be examined and allowed or disallowed by them, and shall, on the like demand or notice, pay over all such sums of money and deliver all such property in his hands or custody to such person as the society or branch, or the committee or the trustees, may appoint.
(2) In case of any neglect or refusal to deliver the account, or to pay over the sums of money, or to deliver the property in manner aforesaid, the trustees or authorised officers of the society or branch may sue upon the bond or security before mentioned, or may apply to a court consisting of a police or stipendiary magistrate, or any two jus tices of the peace in petty sessions, and the order of either such court shall be final and conclusive.
47. (1) In the following cases, namely
(a) Upon the death or bankruptcy of any officer of a registered society or branch having in his possession, by virtue of his office, any money or property belonging to the society or branch; or (b) if any execution, attachment, or other process is issued against any such officer or against his property;
his executors or administrators, or trustee or assignee in bankruptcy, or the sheriff or other person executing the process, shall, upon demand in writing of the trustees of the society or branch, or of any two of them, or of any person authorised by the society or branch, or by the com mittee thereof, to make the demand, pay the money, and deliver over the property to the trustees of the society or branch in preference to any other debt or claim against the estate of the officer.
(2) In this section the expression " bankruptcy " shall
include liquidation of a debtor's affairs by arrangement.
PART IV. BENEFITS. Limitation of benefits.
48. (1) A member or person claiming through a member of a
registered society or branch, shall not be entitled to receive more than two hundred pounds by way of gross sum, together with any bonuses or additions declared upon assurances not exceeding that amount, or (except as provided by this Act) fifty pounds a year by way of annuity, or sick pay in excess of forty-two shillings per week from any one or more such societies or branches.
(2) Any such society or branch may require a member or person claiming through a member to make and sign a statutory declara tion that the total amount to which that member or person is entitled from one or more such societies or branches does not exceed the sums aforesaid.
Benefits at death generally.
4 9 . (1) A member of a registered society or branch thereof, not being under the age of sixteen years, may, by writing under his hand delivered at or sent to the registered office of the society or branch, or made in a book kept at that office, nominate a person to whom any sum of money payable by the society or branch on the death of that member, not exceeding one hundred pounds, shall be paid at his decease.
(2) The sum of money payable by the society or branch on the death of a member shall include sums of money contributed to or deposited in the separate loan account, and the sums of money accumu lated for the use of the member under the provisions of this Act with interest thereon.
(3) The person so nominated must not be an officer or servant of the society or branch, unless that officer or servant is the husband, wife, father, mother, child, brother, sister, nephew, or niece of the nominator.
(4) A nomination so made may be revoked and varied by any similar document under the hand of the nominator, delivered, sent, or made as aforesaid.
(5) The marriage of a member of a society or branch shall operate as a revocation of any nomination theretofore made by that member under this section.
50. (1) On receiving satisfactory proof of the death of a nominator the society or branch shall pay to the nominee the amount due to the deceased member, not exceeding the said sum of one hundred pounds.
(2) The receipt of a nominee over sixteen years of age for
| any amount so paid shall be valid. |
51. (1) If any member of a registered society or branch entitled from the funds thereof to a sum not exceeding one hundred pounds dies intestate, and without having made any nomination thereof then subsisting, the society or branch may, without letters of adminis tration, distribute the sum among such persons as appear to a majority of the trustees, upon such evidence, supported by statutory declaration, as they may deem satisfactory, to be entitled by law to receive that sum.
(2) If any such member is illegitimate, the trustees may pay the sum of money which that member might have nominated to or among the persons who, in the opinion of a majority of them, would have been entitled thereto if that member had been legitimate, or if there are no such persons the society or branch shall deal with the money as
| the Governor may direct. | (3) |
( 3 ) In case of no claim to the amount due on account of a
deceased member being made by any nominee or next of kin, or other such person as aforesaid, within six years from the death of the member, the balance of the amounts due, after the payment of funeral expenses, shall revert wholly to the funeral fund of the society or branch.
52. (1) A payment made by a registered society or branch
under the foregoing provisions of this Act with respect to payments on death generally to the person who at the time appears to a majority of the trustees to be entitled thereunder, shall be valid and effectual against any demand made upon the trustees or the society or branch by any other person, but the next of kin or lawful representative of the deceased member shall have remedy for recovery of the money, so paid as afore said against the person who has received that money.
(2) Where the society or branch has paid money to a
nominee in ignorance of a marriage subsequent to the nomination, the
receipt of the nominee shall be a valid discharge to the society or branch.53. (1) A registered society or branch shall not pay any sum
of money upon the death of a member or other person whose death is or ought to be entered in any register of deaths, except upon the production of a certificate of that death under the hand of the registrar of deaths or other person having care of the register of deaths in which that death is or ought to be registered.
(2) This section shall not apply to deaths at sea, nor to a death by colliery explosion or other accident where the body cannot be found, nor to any death certified by a coroner or magistrate holding a coronial or magisterial inquiry, to be the subject of a pending inquest or inquiry.
Benefits at death of children.
5 4 . A society, whether registered or unregistered, or a branch
shall not insure or pay on the death of a child under five years of age any sum of money which, added to any amount payable on the death of that child by any other society or branch, exceeds six pounds, or on the death of a child under ten years of age any sum of money which, added to any amount payable on the death of that child by any other society or branch, exceeds ten pounds. 5 5 . A society, whether registered or unregistered, or a branch
shall not pay any sum on the death of a child under ten years of age except to the parent of the child, or to the personal representative of the parent, and upon the production by the parent or bis personal represen tative of a certificate of death issued by the registrar of deaths or other person having the care of the register of deaths, containing the par ticulars mentioned in this Act.
5 6 . ( 1 ) Where application is made for a certificate of the death
of a child for the purpose of obtaining a sum of money from a society or branch, the name of the society or branch, and the sum sought to be
obtained therefrom, shall be stated to the registrar of deaths. (2)
(2) The registrar of deaths shall write on or at the foot of
the certificate the words " To he produced to the society or
branch " (naming the same) " said to be liable for payment of the sum
| of | pounds " (stating the same). (3) All certificates of the same death shall be numbered in |
consecutive order.
5 7 . ( 1 ) A registrar of deaths shall not give any one or more
certificates of death for the payment in the whole of any sum of money exceeding six pounds on the death of a child under five years, or for the payment in the whole of a sum exceeding ten pounds on the death of a child under ten years.
(2) A registrar of deaths shall not grant any such certifi
cate unless the cause of death has been previously entered in the register of deaths on the certificate of a coroner or of a registered medical practitioner who attended the deceased child during its last illness, or except upon the production of a certificate of the probable cause of death under the hand of a registered medical practitioner, or of other satisfactory evidence thereof.
5 8 . Where a certificate of the death of a child is produced to
a society, whether registered or unregistered, or to a branch, and such certificate does not purport to be the first, the society or branch shall, before paying any money thereon, inquire whether any and what sums of money have been paid on the same death by any other society or branch.
5 9 . Nothing in this Act respecting payments on the death of
children shall apply to insurance on the lives of children of any age, when the person insuring has an interest in the life of the person insured.
AMALGAMATION, CONVERSION, AND DISSOLUTION. P A R T V .
Amalgamation and conversion.
6 0 . ( 1 ) Any two or more registered societies, or any two or
more branches of a registered society with the consent of such society, may become amalgamated together as one society or branch, with or without any dissolution or division of the funds of any of those societies or branches.
(2) A registered society, or branch of a registered society with the consent of such society, may transfer its engagements to any other registered society or branch which may undertake to fulfil the engagements of that society or branch,
(3)
(3) The terms upon which any societies or branches may become amalgamated, or upon which any society or branch may transfer its engagements under this section, shall be—
(a)
agreed upon by the committees of management of all the societies or branches proposed to become amalgamated, or of the society proposing to transfer its engagements and the society proposing to undertake to fulfil such engagements; and
(b)
confirmed by the votes of a majority of the members of each society or branches present at the general meeting duly con vened for that purpose, or voting by writing at such meeting (where and in such manner as the rules allow voting by writ ing), or, in the case of a society having a branch or branches, confirmed as aforesaid, or by the votes of a majority of the members of the central body; and
(c) approved by the Registrar after such confirmation.
61. (1) A registered society may, by special resolution, deter
mine to convert itself into a company under the Companies Acts, or to
amalgamate with or transfer its engagements to any such company.(2) If a special resolution for converting a society into a company contains the particulars required by the Companies Acts, to be contained in the memorandum of association of a company, and a true copy thereof has been registered by the Registrar, a copy of that resolu tion under the seal or stamp of the Registrar shall have the same effect as a memorandum of association duly signed and attested under the said Act.
(3) If a society is registered as, or amalgamates with; or transfers all its engagements to, a company, the registry of the society under this Act shall thereupon become void, and shall be cancelled by the Registrar; but the registration of a society as a company shall not affect any right or claim subsisting against that society, or any penalty incurred by that society; and for the purpose of enforcing any such
and every such right or claim, or the liability to any such penalty, shall in the same manner as if it had not become registered as a company; right, claim, or penalty, the society may be sued and proceeded against have priority as against the property of the company, over all other
rights or claims against or liabilities of the company.62. (1) A registered society may, by a resolution passed by a
majority of the members or delegates present and entitled to vote at any general meeting, of which notice specifying the intention to propose any such resolution has been duly given according to the rules, deter mine to become a branch of any other registered society.
(2) If the rules of the society do not comply with all the
provisions of this Act, the meeting at which any such resolution ispassed may amend the rules so as to bring the rules into compliance
with this Act. (3)
(3) A copy of the rules of the society marked to show the amendments, if any, made at the meeting, and two copies of the reso lution and of such amendment of rules, if any, as aforesaid, each signed by the chairman of the meeting and by the secretary of the society so determining to become a branch of another society, and countersigned by the secretary of that other society, shall be sent to the Registrar.
(4) If the Registrar finds that the rules, with or without such amendment as aforesaid, comply with the provisions of this Act, he shall cancel the registry of the first-mentioned society, and shall register the rules and issue acknowledgments in the same manner as is provided by this Act in respect of the establishment of new branches; and the provisions of this Act as to appeals from the refusal to register a society shall apply to a refusal to register rules or issue acknowledg ments under this section as a branch of that other society.
(5) An advertisement of any cancelling of registry under
this section shall not be requisite.
( 6 ) This section shall apply only to societies registered
before the fifth day of December one thousand eight hundred and ninety-
nine.
6 3 . An amalgamation or transfer of engagements in pursuance
of this Act shall not prejudice any right of a creditor of either or any
society party thereto.
Dissolution.
6 4 . (1) Subject to the provisions of this Act as to the dissolu
tion of societies with branches, a registered society or branch may
terminate or be dissolved in any of the following ways:—
(a)
Upon the happening of any event declared by the rules to be the termination of the society or branch; or
(b)
as respects societies authorised by the Governor under section eleven of this Act, by the consent of two-thirds of the members, testified by their signatures to the instrument of dissolution;
or (c)
as respects societies other than those authorised by the Governor under section eleven of this Act, by the consent of five-sixths in value of the members (exclusive of honorary members, if any), testified by their signatures to the instru ment of dissolution, and also by the written consent of every person receiving or entitled to receive any relief, annuity, or other benefit from the funds of the society or branch, unless the claim of that person is first duly satisfied, or adequate provi- sion made for satisfying that claim, and in the case of a branch with the consent of the central body of the society, or in accordance with the general rules of the society; or
(d<) by the award of the Registrar in the cases specified in this
Act. (2) (2) The central body of any society may, if it deems fit, assume the control of all moneys and properties, and defray all lawful expenses of any branch thereof which has lapsed or has been reduced in membership below the number prescribed in the rules of such society, or which has been dissolved, the members of such branch being safeguarded with respect to all benefits to which they may at the time be entitled.
( 3 ) For the purposes of this section the signature of a
member shall include the signature of any person being a member duly
authorised in that behalf by the first-mentioned member.(4) The value of members shall be ascertained by giving one vote to every member, and an additional vote for every five years that he has been a member, but to no one member more than five votes in the whole.
(5) If any member of a society which is dissolved, or if
any person claiming any relief, annuity, or other benefit from the funds
thereof, is dissatisfied with the provision made for satisfying his claim,
that member or person may apply to the District Court of the district within which the chief or any other place of business of the society is situate for relief or other order, and that court shall have the same powers in the matter as in regard to the settlement of disputes under this Act.65. When a registered society or branch is terminated by an instrument of dissolution, the following provisions shall take effect:—
(1) The instrument shall set forth—
(a)
the liabilities and assets of the society or branch in detail; and
(b)
the number of members and the nature of their interests in the society or branch; and
(c)
the claims of creditors (if any), and the provision to be made for their payment; and
(d)
the intended appropriation or division of the funds and property of the society or branch, unless the appropriation
or division is stated in the instrument of dissolution to be left to the award of the Registrar. (2) Alterations in the instrument of dissolution may be made with the like consents as are in this Act required for the dissolution of a society or branch, testified in the same manner.
( 3 ) A statutory declaration shall be made by one of the trustees, or by three members and the seoretary of the society or branch, that the provisions of this Act have been complied with, and shall be sent to the Registrar with the instrument of dissolution.
(4) The instrument shall not, in the case of a registered society or
branch, direct or contain any provision for a division or appropriation of the funds of the society or branch, or any part
thereof
thereof, otherwise than for the purpose of carrying into effect
the objects of the society or branch as declared in the rulesthereof, unless the claim of every member or person claiming
any relief, annuity, or other benefit from the funds thereof is first duly satisfied, or adequate provisions are made for satisfying those claims.
(5) The instrument of dissolution and all alterations therein shall be registered in manner in this Act provided for the registry of amendments of rules, and shall be binding upon all the members of the society or branch.
( 6 ) The Registrar shall cause a notice of the dissolution to be advertised in a newspaper circulating within the district in which the society's meetings are held, at the expense of the society or branch, and unless within three months from the date of the Gazette in which the advertisement appears, a mem ber or other person interested in or having any claim on the funds of the society or branch commences proceedings to set aside the dissolution of the society or branch, and the dissolu tion is set aside accordingly, the society or branch shall be legally dissolved from the date of that advertisement, and the requisite consents to the instrument of dissolution shall be considered to have been duly obtained without proof of the signatures thereto.6 6 . ( 1 ) Upon the application made in writing under their
hands of—
(a)
one-fifth of the whole number of members of a registered society or branch; or
(b)
in the case of a registered society or branch of one thousand members and not exceeding ten thousand, one hundred mem bers; or
(c) in the case of a registered society or branch of more than ten thousand members, five hundred members; the Registrar may by himself, or by his deputy whom ho may appoint in writing under his hand, investigate the affairs of the society or branch, but shall give not less than one month's previous notice in writing to the society or branch the affairs of which are to be investigated.
(2) The application shall contain—
(a)
a statement that the funds of the society or branch are insuffi- cient to meet the existing claims thereon, or that the rates of contribution fixed in the rules of the society or branch are insufficient to cover the benefits assured; and
(b) the grounds on which the insufficiency is alleged; and
(c)
a request for an investigation into the affairs of the society or branch with a view to the dissolution thereof.
2 T (3)
(3) The Registrar shall, before proceeding under this seetion demand from the applicants a deposit or security for the cost of the proposed investigation, and such deposit or security shall not be from or upon the funds of the society or branch.
(4) If upon the investigation it appears that the funds of the society or branch are insufficient to meet the existing claims thereon, or that the rates of contribution fixed in the rules of the society or branch are insufficient to cover the benefits assured to be given by the society or branch, the Registrar may, if he considers it expedient so to do, award that the society or branch shall be dissolved, and its affairs wound-up, and shall direct in what manner the assets of the society or branch shall be divided or appropriated:
Provided that the Registrar may suspend his award for such period as he may deem necessary to enable the society or branch to make such alterations and adjustment of contributions and benefits as will, in his judgment, prevent the necessity of the award of dissolution being made.
(5) The Registrar proceeding under this section shall have all the same powers and authorities, enforceable by the same penalties, as in the case, of a dispute referred to him under this Apt.(6) Every award under this section, whether for dissolu tion or distribution of funds, shall be final and conclusive on the society or branch in respect of which the award is made, and on all members of the society or branch, and on all other persons having any claim on the funds of the society or branch, without appeal, and shall be enforced in the same manner as a decision on a dispute under this Act.
( 7 ) The expenses of every investigation and award, and of
publishing every notice of dissolution, shall be paid out of the funds of
the society or branch before any other appropriation thereof is made:Provided that the Registrar may direct that each person apply ing for the investigation shall contribute a sum not exceeding sixpence towards the expenses thereof.
( 8 ) Notice of award for dissolution shall, within twenty-
one days after the award has been made, be advertised by the Registrar, and unless within three months from the date on which that advertise ment appears, a member or person interested in or having any claim on the funds of the society or branch commences proceedings to set aside the dissolution of the society or branch consequent upon such award, and the dissolution is set aside accordingly, the society or branch shall be legally dissolved from the date of the advertisement, and the requisite consents to the application to the Registrar shall be considered to have been duly obtained without proof of the signature thereto.
6 7 . The provisions of this Act respecting the dissolution of
societies shall not apply to any society having branches, except with the
consent of the central body of the society.68. Notice shall be sent to the Registrar by the person taking
any proceeding to set aside the dissolution of a society or branch, not less than seven days before the proceeding is commenced, and by the society or branch of any order setting a dissolution aside, within seven days after that order is made.
PART V I .
INSPECTION.
69. ( 1 ) Upon the application of—
(a)
one-fifth of the whole number of members of a registered society; or
(b)
in the case of a registered society of one thousand members and not exceeding ten thousand, one hundred members; or
(c)
in the case of a registered society of more than ten thousand members, five hundred members; or
(4) the committee of a registered society,
the Registrar, with the consent of the Governor in every case, may—
(a)
appoint an inspector or inspectors to examine into and report on the affairs of the society; or
(b) call a special meeting of the society.
(2) The application under this section shall be supported by such evidence, for the purpose of showing that the applicants have good reason for requiring an inspection to be made or meeting to be called, and that they are not actuated by malicious motives in their application, and such notice thereof shall be given to the society, as the Registrar directs.
( 3 ) The Registrar shall require the applicants to give
| security for the costs of the proposed inspection or meeting, before |
appointing any inspector or calling the meeting.
(4) All expenses of and incidental to any such inspection or meeting shall be defrayed by the members applying therefor or out of the funds of the society, or by the members or officers, or former members or officers, of the society in such proportions as the Registrar directs
(5) An inspector appointed under this section may require the production of all or any of the books and documents of the society, and may examine on oath its officers, members, agents, and servants in relation to its business, and may administer such oath accordingly.
( 6 ) The Registrar may direct at what time and place a
special meeting under this section is to be held and what matters are to be discussed and determined at that meeting, and the meeting shall have
all
all the powers of a meeting called according to the rules of the society, and shall in all cases have power to appoint its own chairman, any rule of the society to the contrary notwithstanding.
( 7 ) Subsection one of this section shall not apply to a
society with branches, except with the consent of the central body of
that society.
( 8 ) The Registrar may, on his own motion and without any
application, appoint an inspector or inspectors to examine into and report to him on the affairs of a registered society or branch. The inspector or inspectors so appointed shall have all the powers men tioned in subsection five of this section.
70. The Registrar shall have authority under this Act should
it appear to him to be necessary in connection with the annual returns or with the valuation of the assets and liabilities of any friendly society, or on the request of the trustees of any society or of a branch thereof, to require the production of the books of the society or branch for inspec tion and examination by himself or any other person duly authorised under his hand; and the Registrar shall also be authorised at his dis cretion to obtain from any bank in which the funds of any friendly society or of a branch thereof are deposited or invested a statement of the amount of such deposit, and any other particulars required by him to be furnished.
71. A member or person having an interest in the funds of a
registered society or branch may inspect the books at all reasonable hours at the registered office of the society or branch, or at any place where the books are kept, except that the member or person shall not, unless he is an officer of the society or branch, or is specially authorised by a resolution of the society or branch to do so, have the right to inspect the loan account of any other member without the written consent of that member.
PART VII. DISPUTES.
72. Every dispute between—
(a)
a member or person claiming through a member or under the rules of a registered society or branch, and the society or branch, or an officer thereof; or
(b)
any person aggrieved who has for not more than six months ceased to be a member of a registered society or branch, or any person claiming through such person aggrieved, and the society or branch, or an officer thereof; or
(c) any branch of any society and the society of which it is a
branch; or (d)
(d)
an officer of any branch and the society of which that branch is a branch; or
(e)
any two or more branches of any society, or any officers thereof respectively,
shall be decided in a manner directed by the rules of the society or branch, and the decision so given shall be binding and conclusive on all parties without appeal, and shall not be removable into any court of law or restrainable by injunction; and application for the enforcement thereof may be made to the District Court.
73. (1) Notwithstanding anything in the preceding section contained, any party to a dispute in a registered society or branch thereof may, unless the rules of such society or branch expressly forbid it, refer the dispute to the Registrar.
(2) The Registrar, with the consent of the Chief Secretary, either by himself or by one deputed by him for the purpose, shall hear and determine a dispute referred to him, and shall have power to order the expenses of determining the dispute to be paid either out of the funds of the society or branch, or by such parties to the dispute as he may think fit, and his determination and order shall have the same effect and be enforceable in like manner as a decision made in the manner directed by the rules of the society or branch.
( 3 ) When a dispute is referred as aforesaid, the Registrar
or officer so deputed by him may administer oaths and may require the attendance of all parties concerned, and of witnesses, and the production of all books and documents relating to the matter in question.
74. (1) Where the rules of a registered society or branch con
tain no direction as to referring disputes to the Registrar, or where the arbitrators or other tribunal hearing disputes in accordance with such rules give no decision in regard to a dispute within forty days after application to such society or branch for a reference under its rules, the member or person aggrieved may apply to the Registrar to hear and determine the matter in dispute, and the Registrar may hear and deter
mine such matter, and his determination shall be final. (2) In the case of a registered society with branches, the said forty days shall not begin to run until the application has been made in succession to all the bodies entitled under the rules of such society or branch to determine the dispute:
Provided that no rules shall allow a greater delay than three months between each successive determination.
PART
PART VIII . SUBVENTIONS.
75. The subvention grants under tins Par t shall be paid out of
moneys to be provided by Parliament.
76. In this Par t " applicant society " means a registered society which makes application for a grant in subvention in accordance with the provisions of this Par t and with the regulations thereunder.
77. The Registrar shall be entrusted with the duties arising out of the administration of this Part .
78. Friendly societies desirous of obtaining the advantages of this Par t shall apply for the same through their trustees, in the form prescribed by regulation, to the Registrar, who shall investigate such claims, and make recommendations thereon to the Minister charged with the administration of this Act.
79. There shall be paid to the trustees of every applicant society by Way of subvention—
(a) one-half of the cost to the society in each year for sick-pay, according to its rules, in respect of the period of sickness after twelve months from the commencement of each case of con tinuous sickness, for all male members less than sixty-five years of age and for all female members less than sixty years of age; (b) the whole cost to the society for sick-pay in respect of male members aged sixty-five years and over, and of female mem bers aged sixty years and over :
Provided that the amount payable by the State under this section shall not exceed five shillings for each Week of sickness included in any claim made under paragraphs (a) and (b) of this section.
80. There shall be paid annually to the trustees of each appli
cant society an amount equal to the total contributions chargeable under the rules of the society for the benefits of medical attendance and medicine in respect of male members aged sixty-five years and over, and of female members aged sixty years and over:
Provided that the rules of the society shall not charge rates of contribution for such benefits different to those chargeable to members under the ages specified herein.
8 1 . There shall be paid annually to the trustees of each appli
cant society an amount equal to the total contributions chargeable under the rules of the society to assure the payment of the funeral donations according to its rules in respect of male members aged sixty-five years and over, and of female members aged sixty years and over.
82. The moneys received by trustees of a registered society
under the three last preceding sections shall he paid by them into the respective funds which, according to the rules of the society, are charged with providing the sickness, medical, or funeral benefit of the society or branch, as the case may be, in proportion to the cost of sick-pay, medical, or funeral benefit to such funds respectively upon which the amount of subvention was based. The trustees shall supply, in the form prescribed by regulation, a statement in adjustment in proof of the due performance of the above requirements.
S 3 , The Registrar shall tabulate, from the returns sent to him under the provisions of this Act, and shall certify annually the amount of sickness suffered in each society and branch for which a subvention is payable under this Part .
8 4 . No payment shall accrue to any society under this Par t
until the due requirements of the law relating to friendly societies have been observed and so certified by the Registrar, nor until the society shall have registered a rule or rules availing itself of the privileges of
this Part . 8 5 . The subvention grants payable under this Par t shall apply
only in respect of claims relating to periods subsequent to the thirty-
first day of December, one thousand nine hundred and eight.8 6 . Claims in respect of subventions payable under this Par t
shall not be paid unless preferred within six months after the close of
the year in respect of which they are payable.87. The trustees of every registered society shall supply such
information as may be required from time to time by the Registrar in
furtherance of the objects of this Part .8 8 . ( 1 ) Every person who, by any false statements as to age or
Other matters relative to the grant of any subvention benefit under this Part, obtains or aids or abets any person to obtain subvention benefit which he would not otherwise have obtained, or of a greater amount
than he would otherwise have obtained, shall be liable to imprisonment,
either with or without hard labour, for a period not exceeding sixmonths.
(2) In any case where a misstatement has secured to any society or branch a higher subvention than that to which it was entitled, the Treasurer may reduce the amount of subsequent subvention grants to such extent as he may consider justifiable under the circumstances.
8 9 . If a trustee of a registered society applies otherwise than in
the manner authorised by this Part , any moneys being or being part of a subvention grant made to that society under this Part, he shall bo liable to a penalty not exceeding one hundred pounds.
9 0 . All penalties under this Part may be imposed by or re- covered before a stipendiary or police magistrate or any two justices in petty sessions.
91. The Governor may make regulations for carrying out the
intentions of this Part , and may impose any penalty not exceeding fifty
pounds for the breach of any such regulations.
P A r T IX. OFFENCES, PENALTIES, AND LEGAL PROCEEDINGS.
92. The provisions of this Par t shall not apply to Par t VIII
of this Act.
93. I t shall be an offence under this Act if—
(a)
a registered society or branch, or an officer or member thereof, fails to give any notice, send any return or document, do or allow to be done anything which the society, branch, officer, or person is by this Act required to give, send, do, or allow to be done; or
(b)
a registered society or branch, or an officer or member thereof, wilfully neglects or refuses to do any act or to furnish any information required for the purposes of this Act by the Registrar or by any other person authorised under this Act, or does anything forbidden by this Act; or
(c)
a registered society or branch, or an officer or member thereof, makes a return, or wilfully furnishes information in any respect false or insufficient; or
(d)
an officer or member of a body which, having been a branch of a society, has wholly seceded or been expelled from that society, thereafter uses the name of that society or any name implying that the body is a branch of that society, or the number by
which that body was designated as such branch; or (e)
where a dispute is referred under this Act to the Registrar, a person refuses to attend or to produce any documents, or to give evidence before the Registrar; or
(f)
a society, whether registered or unregistered, or a branch pays money on the death of a child under ten years of age, otherwise than is provided by this Act; or
(g)
a parent or personal representative of a parent claiming money on the death of a child produces a certificate of the death other than is in this Act provided to the society or branch from which the money is claimed, or produces a false certificate, or one fraudulently obtained, or in any way attempts to defeat the provisions of this Act with respect to payments upon the death of children.
94. Where a registered society or branch is; guilty of an offence
under this Act every officer of the society or branch bound by the rules thereof to fulfil any duty whereof the offence is a breach, or if there is no such officer, then every member of the committee, unless that officer or member is proved to have been ignorant of or to have attempted to prevent the commission of the offence, shall be liable to the same penalty as if he had committed the offence.
9 5 . Every default under this Act constituting an offence, if continued, shall constitute a new offence in every week during which the default continues.
96. ( 1 ) If any person, with intent to mislead or defraud, gives
to any other person a copy of any rules, laws, regulations, or other documents other than the rules of a registered society or branch, on the pretence that they are the existing rules of that society or branch, or that there are no other rules of the society or branch, or gives to any person a copy of any rules on the pretence that those rules are the rules of a registered society or branch when the society is not registered, or the branch is not a branch as defined by this Act, the person so offending shall be guilty of a misdemeanour.
(2) If any person knowingly makes a false or fraudulent statement in any statutory declaration required by this Act, he shall be guilty of a misdemeanour. And if any member of a registered society or branch makes any false statement in any declaration, whether written or verbal, or in any statutory declaration, required by this Act or by the rules made thereunder, ho may, in addition to suffering any other penalty under this Act, on the vote of the majority of the members of the society or branch present at a general meeting, be deprived of all benefits of the society and branch, and be expelled from such society or branch.
( 3 ) If any person obtains possession by false representa
tion or imposition of any property of a registered society or branch, or
| withholds or misapplies any such property in his possession, or wilfully | applies any part thereof to purposes other than those expressed or |
| directed in the rules of the society or branch and authorised by this Act, he shall, on such complaint as is in this section mentioned, be liable on summary conviction to a fine not exceeding twenty pounds and costs, and to be ordered to deliver up all such property, or to repay all sums of money applied improperly; and in default of such delivery or repayment, or of the payment of such fine and costs as aforesaid, to be imprisoned, with or without hard labour, for any time not exceeding three months. |
(4) Complaint under this section may be made—
(a)
in the case of a registered society, by the society or any mem ber authorised by the society, or the trustees or committee of the society; or
(b)
(b)
in the case of a branch, by the branch or the trustees or com mittee thereof, or the central body of the society of which the branch forms part, or any person or branch authorised by the central body; or
(c)
in any case, by the Registrar or by any person or branch autho rised by the Registrar.
(5) Nothing in this Act shall prevent any such person from being proceeded against by way of indictment, if not previously con victed of the same offence under the provisions of this Act.
97. If any person wilfully makes, orders, or allows to be made
any entry, erasure in, or omission from, a balance-sheet of a registered society or branch, or a return or document required to be sent, produced, or delivered for the purposes of this Act, with intent to falsify the same, or to evade any of the provisions of this Act, he shall be liable to a penalty not exceeding fifty pounds.
98. A society or branch, and an officer or member of a society
or branch, or other person guilty of an offence under this Act for which no penalty is expressly provided, shall be liable to a penalty of not less than one pound and not more than five pounds.
99. If an officer or person aids or abets in the amalgamation or
transfer of engagements, or in the dissolution of a friendly society otherwise than as in this Act provided, he shall be liable on summary conviction to the penalty imposed by this Act for offences thereunder, or to be imprisoned with hard labour for a term not exceeding three months.
100. All penalties imposed by this Act or by any regulations
made thereunder or by the rules of a registered society or branch may, at the suit of the Registrar or any person aggrieved, be recovered before, and offences against this Act may be heard and determined by, a police or stipendiary magistrate or any two justices of the peace in petty
sessions—
(a) in the petty sessions district where the offence was committed; or (b) as respects a prosecution against a registered society or branch or an officer thereof, in the petty sessions district where the registered office of the society or branch is situated; or (c) as respects a prosecution against a person other than a registered society or branch or an officer thereof, in the petty sessions district where the person is resident at the time of the institution of the prosecution. 1 0 1 . ( 1 ) The trustees of a registered society or branch, or any
other officers authorised by the rules thereof, may bring or defend, or cause to be brought or defended, any action or other legal proceeding
in
in any court whatsoever, touching or concerning any property, right, or claim of the society or branch, and may sue and be sued in their proper names, without other description than the title of their office.
(2) In legal proceedings brought under this Act by a mem ber, or person claiming through a member, a registered society or branch may also be sued in the name, as defendant, of any officer or person who receives contributions or issues policies on behalf of the society or branch within the jurisdiction of the court in which the legal proceeding is brought, with the addition of the words " on behalf of the society or branch " (naming the same).
( 3 ) A legal proceeding shall not abate or be discontinued
by the death, resignation, or removal from office of any officer, or by any
act of any such officer after the comemncement of the proceedings.
( 4 ) The summons, writ, process, or other proceeding to be
issued to or against the officer or other person sued on behalf of a registered society or branch shall be sufficiently served by personally serving that officer or other person, or by leaving a true copy thereof at the registered office of the society or branch, or at any place of business of the society or branch within the jurisdiction of the court in which the proceeding is brought, or, if that office or place of business is closed, by posting the copy on the outer door of that office or place of business.
( 5 ) In all cases where the said summons, writ, process, or
other proceeding is not served by means of such personal service or by leaving a true copy thereof at the registered office of the society or branch as aforesaid, a copy thereof shall be sent in a registered letter addressed to the committee at the registered office of the society or branch, and posted at least fourteen days before any further step is taken on the proceeding.
102. An action may be brought in any court of competent juris
diction to recover any subscription due by any person being or having been a member of a registered society or branch who has received one month's notice to pay the same:
| Provided that a member of a friendly society may resign from such society at any time, and shall only be liable to be sued under the provisions of this Act for arrears of subscription up to the date of such resignation, but save as aforesaid or as otherwise expressly provided in this Act, no action shall be brought to recover any subscription or other moneys payable by any such person as aforesaid. | PART |
P A R T X . MISCELLANEOUS.
Minors.
103. ( 1 ) The rules of a registered society or branch may pro
vide for the admission of a person under twenty-one years of age, but
above three years of age as a member.(2) Any such member may, if he is over sixteen years of age by himself, and if he is under that age, by his parent or guardian, execute all instruments, and give all acquittances necessary to be executed or given under the rules, but shall not be a member of the committee, or a trustee, manager, or treasurer of the society or branch.
Names of societies and branches.
104. A society shall not be registered under a name identical
with that under which any other existing society is registered, or so nearly resembling that name as to be likely, or in the opinion of the Registrar likely, to deceive the members or the public as to its nature or its identity.
105. A body which, having been a branch of a society, has
wholly seceded or been expelled from that society shall not thereafter use the name of that society or any name implying that it is a branch
thereof, or the number by which it was designated as such branch.106. ( 1 ) A registered society, or any registered branch
thereof, may, by special resolution, with the approval in writing of the
Registrar, change its name, and shall not change its name in any other manner.
(2) Any such change of name shall not affect any right
or obligation of the society or branch, or of any member thereof, and
trustees of the society or branch, or any other officer who may sue or be any pending legal proceedings may be continued by or against the sued on behalf of the society or branch, notwithstanding its new name. Registered Office.
107. ( 1 ) Every registered society and branch shall have a
registered office to which all communications and notices may be addressed, and shall send to the Registrar notice of the situation of that office, and of every change therein.
(2) In the case of a branch, the notice shall be sent to the Registrar through an officer appointed in that behalf by the society of which the branch forms part.
Special
Special Resolution.
1 0 3 . For the purposes of this Act a special resolution shall
mean a resolution which is passed by a majority of not less than two- thirds of such members of a registered society entitled under the rules to vote as may be present in person or by proxy (where the rules allow proxies), at any general meeting of which notice specifying the intention to propose such resolutions has been duly given according to the rules. At any meeting mentioned in this section, unless a poll is demanded, a declaration by the chairman that the resolution has been carried shall be conclusive evidence of the fact.
1 0 9 . A copy of every special resolution for any of the pur
poses mentioned in this Act, signed by the chairman of the meeting and countersigned by the secretary, shall be sent to the Registrar and registered by him, and until that copy is so registered the special resolution shall not take effect.
Advertisements.
110. A notice required by this Act to be advertised shall be
published in the Gazette, and in a newspaper circulating in the neigh
bourhood of the registered office of the society or branch.
Evidence.
111. Every document bearing the seal or stamp of the Regis
t rar shall be received in evidence without further proof; and every document purporting to be signed by the Registrar, or any inspector or public auditor or valuer under this Act shall, in the absence of any evidence to the contrary, be received in evidence without proof of the signature.
Copies. 112. Every registered society and branch shall deliver to
every person on demand, on payment of a sum not exceeding one
shilling, a copy of the rules of the society or branch.
113. Every registered society and branch shall supply gratuitously, or produce for his inspection, to every member or person interested in its funds, on his application, either—
(a) a copy of the last annual return of the society or branch; or
(b)
a balance-sheet or other document duly audited containing the same particulars as to the receipts and expenditure, funds, and effects of the society or branch as are contained in the annual return.
Military
Military and naval forces.
114. ( 1 ) A person shall not, by reason of his enrolment or ser-
vice in the military or naval forces of the Commonwealth of Australia, lose or forfeit any interest in a society or branch which he possesses at the time of his being so enrolled or serving, or be fined for absence from or non-attendance at any meeting of the society or branch if his absence or non-attendance is occasioned by the discharge of his military or naval duty as certified by his commanding-officer, any rules of the society or branch to the contrary notwithstanding.
(2) A dispute between any such society or branch and person by reason of that enrolment or service shall be decided by a police or stipendiary magistrate or any two justices of the peace in petty sessions.
(3) If the rules of a society or branch, certified before the fifth day of December, one thousand eight hundred and ninety-nine, and in force at the time of the enrolment or service, provide that a mem ber shall be deprived of any benefit by reason of that enrolment or service, the society or branch may, during the time those rules are in force, require of the member a contribution exceeding the rate of con tribution otherwise payable by him to an amount not exceeding one- tenth of that rate during the time the member is serving out of the State, or may suspend all claim of the member to any benefits assured by the society or branch, and all claim of the society or branch to any contributions payable by the member, during the time only he is serving out of the State, but so that if he returns to the State he shall forthwith be replaced on the same footing as before he went abroad on service.
Fees.
1 1 5 . ( 1 ) The Governor may determine a scale of fees to be
paid, for matters to be transacted, or for the inspection of documents under this Act.
(2) A fee shall not be payable on the registry of any
friendly society, or of any amendment of the rules thereof.
( 3 ) All fees which may be received by any Registrar,
under or by virtue of this Act, shall be paid into the Treasury.
1 1 6 . (1) Where a certificate of the birth or death of any
member of or person insured or to be insured with a registered society or branch is required, for the purposes of this Act, the registrar of births and deaths shall, on application being made as in this Act pro vided, give such certificate under his hand for a sum not exceeding one shilling in place of all fees or payments otherwise payable in respect
thereof.
( 2 )
(2) Whenever application is made at one time to any such Registrar for more certificates than one of the same birth or death for the purposes of and in the manner prescribed in this Act, the sum charged for every such certificate, other than the first, shall not exceed sixpence.
(3) Whenever the Registrar is required by the person applying for any certificate of birth or death to fill up the form of application, he may demand a sum not exceeding threepence for so doing.
(4) For the purposes of this section the expression " registrar of births or deaths " shall include any person having the care of the register of births or deaths in which the birth or death is entered.
Forms.
117. (1) The forms to be used for acknowledgments of
registry of societies, rules and amendments of rules, and of establish ment of branches, shall be those contained in Par t I of Schedule Three to this Act, or such other forms as are prescribed by regulations made by the Governor.
(2) Every annual or other return, abstract of valuation, and other document required for the purposes of this Act shall be made in such form and shall contain such particulars as the Registrar prescribes.
(3) A receipt under this Act endorsed upon or annexed to a mortgage or other assurance, shall be in the form set forth in Par t I I of the sapae Schedule, or in any form specified in the rules of the society or branch or any Schedule thereto, and a bond to be given by an officer in receipt or charge of money shall be in one of the forms set
forth in the said Part
(4) Applications for certificates of births and deaths
under this Act shall be in such form and under such regulations as
may be approved of by the Registrar-General of Births, Deaths, and
Marriages
Regulations.
118. (1) The Governor may make regulations respecting
registry and proceedure under this Act, and the seal to be used for registry, and the duties and functions of the Registrar, and the inspec tion of documents kept by the Registrar under this Act, and generally for carrying out the intentions of this Act.
(2) The provisions of this section shall not apply to.
Par t VI I I of this Act.
(3) All such regulations shall be published in the Gazette,
and shall thereupon, if not repugnant to tins Act, have the force. of law.
(4)
(4) All such regulations shall, on being gazetted, be laid before both Houses of Parliament within fourteen days if Parliament be then sitting, and if not then sitting then within fourteen days after the next meeting of Parliament.
SCHEDULES.
S C H E D U L E O N E .
Reference to Act. Title or short title. Extent of Repeal. No. 31 , 1899 Fr iendly Societies Act , 1899 The unrepealed port ion,
except s. 29.
No. 77, 1900 Fr iendly Societies (Amendmen t ) Act , 1900 The unrepealed port ion.
N o . 73, 1901 Fr iend ly Societies ( F u r t h e r Amendment ) The whole.
Act , 1901.
No. 17, 1902 Bui ld ing and Co-operative Societies Act, Section 37.
1902.
No. 31 , 1906 Fr iendly Societies (Amendmen t ) Act , 1906 The whole. No . 6, 1908 Subvent ions to F r i end ly Societies Act , 1908 The whole.
S C H E D U L E T W O .
Matters to be provided for by the rides of societies registered under this Act.
1. The name and place of office of the society.
2. The whole of the objects for which the society is to be established, t he purposes
for which the funds thereof shall be applicable, t he te rms of admission of members , t he conditions under which any member may become ent i t led to any benefit assured the reby , and the fines a n d forfeitures to be imposed on any member, and the consequences of
al tering, or rescinding rules. non-payment of any subscription or fine. 3. The mode of holding meetings and r igh t of voting, and the m a n n e r of making , 4. The appoin tment and removal of a commit tee of management (by wha tever name), of a t reasurer and o ther officers, and of t r u s t e e s ; and in the case of a society wi th branches, the composition and powers of t he cent ra l body, and the condit ions under which a b ranch may secede from the society. 5. The inves tment of the funds, the keeping of t he accounts, and the aud i t of the
same once a year a t least.
6. A n n u a l r e tu rns to the Reg is t ra r of t he receipts, funds, effects, and expendi ture ,
and numbers of members of the society.
7. The inspection of t he books of t h e society by every person hav ing an in teres t
in the funds of t he society.
8. The manne r in which disputes shall be sett led.
9. T h e keeping separate accounts of all moneys received or paid on account of
every par t icu la r fund or benefit assured, for which a separate tab le of contr ibut ions payable shall have been adopted, and the keeping separate account of the expenses of
management , and of all contr ibut ions on account thereof. 10,
10. A valuation once a t least in every five years of the assets and liabilities of
the society, including the es t imated risks and contr ibut ions .
11. The voluntary dissolution of t he society, by consent, of not less than five-sixths
in value of the members, and of every person for the t ime being ent i t led to any benefit
from the funds of the society, unless his claim be first satisfied or adequately provided for.
12. The r ight of one-fifth of the total number of members, or of one hundred
members in the ease of a society of one thousand members and no t exceeding ten
thousand, or of five hundred members in the case of a society of more t h a n ten thousand
members, or of the commit tee of the society, to apply to the Reg is t ra r for an invest igat ion
of the affairs of t he society, or for winding-up the same.
S C H E D U L E T H R E E . F O R M S .
PART I. Acknowledgment of registry of society.
The society (with branches designated ) is registered as a
| friendly society, under the Fr iendly Societies Act , 1912, th is | day of |
(Seal or stamp of and signature of Registrar.)
Acknowledgment of registry of amendment of rules.
The foregoing amendmen t of the rules of the society (or of the
| branch of the | society), is registered under the Fr iendly Societies Act , 1912, |
| th is | day of |
(Seal or stamp of office, and signature of Registrar.)
• Acknowledgment of establishment of new branch.
The is acknowledged to be established as a branch of the
| society under the Fr iendly Societies Act , 1912, this | day of |
(Seal of office and signature of Registrar.)
Acknowledgment of registry of rules of new branch.
The foregoing rules of the branch of the society are registered
| under the Fr iendly Societies Act , 1912, this | day of |
(Seal of office and signature of Registrar.) PART I I . Form of bond
Know all men by these presents t h a t we, A . B . , of , one of the officers of
| the | society (or of the | branch of the | society) having its registered |
| office a t | , in the county of | , and C D . of | (as sure ty on behalf |
| of the said A.B.) , are joint ly and severally held and firmly bound to E . F . of | , |
| G.H. of | , and I.K. of | the t rus tees of the said society (or b ranch) |
2 U in ill the sum of to be paid to the said E .F . , G.H. , and I .K. , as such t rus tees or the i r successors, t rus tees for the t ime being, or their certain a t t o r n e y ; for which paymen t well and t ru ly to be made we joint ly and severally bind ourselves, a n d each of us by himself, our and each of our heirs, executors, and adminis t ra tors , firmly by these presents .
Sealed with our seals. Da ted the day of , in t he yea r of our Lord
W h e r e a s the above bounden A . B . has been duly appointed to the office of
of the society (or of the branch of the society) having its registered office s i tuate as aforesaid, and he , toge ther wi th the above-bounden C D . as his sure ty , has entered in to t he above-wri t ten bond, subject to the condit ion hereinafter contained. Now therefore the condit ion of t he above-wri t ten bond is such tha t if the said A . B . do render a ju s t and t rue account of all moneys received and paid by him on account of the said society (or branch), a t such t imes as the rules thereof appoint , and do pay over all the moneys remaining in his hands, and assign and transfer or deliver all proper ty (including books and papers) belonging to the said society (or branch) in his hands or custody to such person or persons as the said society (or branch), or t he t rus tees or committee of management thereof shall appoint , according to the rules of the said society (or branch) , together with the proper and legal receipts or vouchers for such payments , then the above-wri t ten bond shall be void, otherwise shall remain in full force.
Sealed and delivered in the presence of—
(Two witnesses.)
Form of receipt to be endorsed on mortgage or further charge.
The t rustees of the society (or the branch of the society) hereby acknowledge to have received all moneys in tended to be secured by the within
(or above) wr i t t en deed. Signed (signatures of trustees.)
Trustees.
Counters igned (signature of secretary.)
Secretary.
Act
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