Friendly Societies Act 1991 (Qld)

Queensland FRIENDLY SOCIETIES ACT 1991 Reprinted as in force on 1 November 1994 (includes amendments up to Act No. 48 of 1994) Reprint No. 2 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 1 November 1994. The reprint— • shows the law as amended by all amendments that commenced on or before that day • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind. The reprint includes a reference to the law by which each amendment was made—see List of legislation and List of annotations in Endnotes. Minor editorial changes allowed under the provisions of the ReprintsAct1992 mentioned in the following list have also been made to— • use standard punctuation consistent with current legislative drafting practice (s 27) • use expressions consistent with current legislative drafting practice (s 29) • use appropriate names for instruments and provision units (ss 31 and 32) • use aspects of format and printing style consistent with current legislative drafting practice (s 35) • omit provisions that are no longer required (s 39) • correct minor errors (s 44) • make all necessary consequential amendments (s 7(1)(k)). This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A Table of previous reprints is included in the Endnotes. Also see Endnotes for information about— • when provisions commenced • provisions that have not commenced and are not incorporated in the reprint • editorial changes made in the reprint, including— • Table of changed names and titles • Table of changed citations and remade laws • Table of obsolete and redundant provisions • Table of corrected minor errors • editorial changes made in earlier reprints.

Queensland FRIENDLY SOCIETIES ACT 1991 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1.1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 1.2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 1.3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 1.4 Application of Corporations Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 1.5 Relief from requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART 2—OBJECTS AND FUNCTIONS 2.1 Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2.2 Principal functions of a friendly society . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 3—REGISTRATION AND INCORPORATION Division 1—Friendly societies 3.1 Application for registration of friendly society . . . . . . . . . . . . . . . . . . . . . . . 19 3.2 Registration and incorporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3.3 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3.4 Undesirable name not permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3.5 Certain words to be included in name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3.6 Common seal of friendly society to be inscribed with name . . . . . . . . . . . . 22 3.7 Publication of name of friendly society . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 3.8 Use of name by friendly society . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 3.9 Change of name of friendly society . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 3.10 Use of words “friendly society” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 3.11 Registered office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 3.12 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 3.13 Minors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

2 Friendly Societies Act 1991 Division 2—Rules 3.14 Rules of friendly society . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 3.15 Model rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 3.16 Alteration of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 3.17 When Registrar may refuse to register rules . . . . . . . . . . . . . . . . . . . . . . . . . 30 3.18 Supplying copies of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 PART 4—MANAGEMENT Division 1—Directors and officers 4.1 Definition of director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 4.2 Consent of person to appointment as director . . . . . . . . . . . . . . . . . . . . . . . . 31 4.3 Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 4.4 Age of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 4.5 Disqualification from acting as director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 4.6 Circumstances in which director ceases to hold office . . . . . . . . . . . . . . . . 33 4.7 Disclosure of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 4.8 Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 4.9 Liability of, and indemnity for, officers and employees . . . . . . . . . . . . . . . . 37 4.10 Remuneration of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 4.11 Court may prohibit person from acting as director etc. in certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 4.12 Prohibition by Registrar against acting as director . . . . . . . . . . . . . . . . . . . . 40 4.13 Acting as director after office vacated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 4.14 Duty and liability of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 4.15 Management contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 4.16 Loans to directors and related persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 4.17 Returns relating to directors and other officers . . . . . . . . . . . . . . . . . . . . . . . 46 4.18 Fidelity insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Division 2—Meetings and voting 4.19 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 4.20 Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 4.21 Voting rights of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 4.22 Special vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 4.23 Special resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

3 Friendly Societies Act 1991 Division 3—Records 4.24 Minute books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 4.25 Inspection of minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 4.26 Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Division 4—Accounts and audit 4.27 Application of Pts 3.6 and 3.7 of Corporations Law . . . . . . . . . . . . . . . . . . . 55 4.28 Additional accounting requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 4.29 Availability for inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 4.30 Auditor must report breaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 4.31 Liability of, and indemnity for, auditors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 4.32 Auditors and other persons to enjoy qualified privilege in certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Division 5—Actuarial valuations 4.33 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 4.34 Appointment of actuary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 4.35 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 4.36 Investigations and valuations by actuary . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 4.37 Distribution of surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 4.38 Powers of actuary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 4.39 Obstruction of actuary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 4.40 Reports by actuary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 4.41 Liability of actuaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 4.42 Actuaries and other persons to enjoy qualified privilege in certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 PART 5—FUNDS Division 1—Raising and investment of funds 5.1 Raising of funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 5.2 Security for loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 5.3 Investment of funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 5.4 Valuation of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 5.5 Limit on amount of advance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 5.6 Officers of friendly society responsible for subsidiaries . . . . . . . . . . . . . . . . 68 5.7 Society not to give guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

4 Friendly Societies Act 1991 5.8 Provision for hospitals etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 5.9 Society may subscribe to hospitals etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Division 2—Benefit funds 5.10 Establishment of benefit fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 5.11 Payments to and from benefit funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 5.12 Crediting interest on benefit funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 5.13 Separate accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 5.14 Restoration of money improperly applied . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Division 3—Benefits 5.15 Assignment of benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 5.16 Payment of nominee of deceased member . . . . . . . . . . . . . . . . . . . . . . . . . . 76 5.17 Dispensing with probate or letters of administration . . . . . . . . . . . . . . . . . . . 76 5.18 Procedure in case of gift or consideration of property . . . . . . . . . . . . . . . . . 77 Division 4—Actuarial certification of contribution rates 5.19 Contribution rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 5.20 Commissions or rebates in respect of benefits . . . . . . . . . . . . . . . . . . . . . . . 78 Division 5—Surrender and alteration of benefits 5.21 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 5.22 Surrender of benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 5.23 Alteration of benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Division 6—Operating standards 5.24 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 5.25 Operating standards may be prescribed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 5.26 Failure to maintain operating standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 5.27 Information or report for Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 PART 6—ADVERTISING AND INVESTMENT Division 1—Approval of advertising 6.1 Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Division 2—Investor information memorandum 6.2 Form of application for investment to be attached to memorandum . . . . . . 84 6.3 Contents of investor information memorandum . . . . . . . . . . . . . . . . . . . . . . . 84 6.4 Order to stop issue of investor information memorandum . . . . . . . . . . . . . . 86

5 Friendly Societies Act 1991 6.5 Expert’s consent to issue of investor information memorandum containing statement made by expert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 6.6 Civil liability for untrue statement or non-disclosure in investor information memorandum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 6.7 Criminal liability for untrue statement or non-disclosure in investor information memorandum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Division 3—Commissions 6.8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 6.9 Client to be told if adviser’s interests may influence recommendation . . . 93 6.10 Defences to alleged contravention of s 6.9(2) . . . . . . . . . . . . . . . . . . . . . . . . 94 6.11 Adviser must have reasonable basis for recommendation . . . . . . . . . . . . . . 95 6.12 Adviser who contravenes this Division liable to compensate client . . . . . . 95 6.13 Qualified privilege for adviser when complying with this Division . . . . . . . 96 PART 7—TRANSFER OF ENGAGEMENTS AND AMALGAMATION OF SOCIETIES Division 1—Transfer of engagements 7.1 Friendly society may transfer engagements . . . . . . . . . . . . . . . . . . . . . . . . . 97 7.2 Registrar may direct transfer of engagements . . . . . . . . . . . . . . . . . . . . . . . . 98 7.3 Registrar’s duties on transfer of engagements . . . . . . . . . . . . . . . . . . . . . . . . 99 Division 2—Amalgamation of friendly societies 7.4 Friendly societies may amalgamate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 7.5 Notice of proposed amalgamation to be published . . . . . . . . . . . . . . . . . . . . 100 7.6 Foreign friendly society may amalgamate with other friendly societies . . 101 7.7 Registration of amalgamated friendly society . . . . . . . . . . . . . . . . . . . . . . . . 101 Division 3—General 7.8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 7.9 Consequences of transfers of engagements and amalgamations . . . . . . . . . 102 7.10 Obligations of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 PART 8—ADMINISTRATION Division 1—Administrative staff and office 8.1 Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 8.2 Delegation of Registrar’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 8.3 Office and records of Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 8.4 Information for Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106

6 Friendly Societies Act 1991 8.5 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 8.6 Destruction etc. of old records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 8.7 Annual report by Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 8.8 Inspection of documents in Registrar’s Office . . . . . . . . . . . . . . . . . . . . . . . . 107 8.9 When documents taken not to be lodged or given . . . . . . . . . . . . . . . . . . . . 108 8.10 Information and evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 8.11 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 8.12 Registrar entitled to be present at meetings . . . . . . . . . . . . . . . . . . . . . . . . . 109 Division 2—Inspectors 8.13 Appointment and functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Division 3—Investigations 8.14 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 8.15 Appointment of investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 8.16 Powers of investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 8.17 Examination of involved person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 8.18 Privileged communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 8.19 Offences by involved person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 8.20 Offences relating to documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 8.21 Record of examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 8.22 Report of investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 8.23 Proceedings following inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 8.24 Admission of investigator’s report as evidence . . . . . . . . . . . . . . . . . . . . . . . 117 8.25 Costs of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Division 4—Entry and search 8.26 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 8.27 Entry and search—monitoring compliance . . . . . . . . . . . . . . . . . . . . . . . . . . 118 8.28 Entry and search—evidence of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 8.29 General powers of Registrar in relation to premises . . . . . . . . . . . . . . . . . . . 120 8.30 Monitoring warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 8.31 Offence related warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 8.32 Offence related warrants may be granted by telephone . . . . . . . . . . . . . . . . 122 8.33 Exercise of powers and functions on behalf of Registrar . . . . . . . . . . . . . . . 124

7 Friendly Societies Act 1991 Division 5—Supervision Fund and levy 8.34 Friendly Societies Supervision Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 8.35 Supervision levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 8.36 Consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 8.37 Failure to make payment an offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 PART 9—APPOINTMENT OF ADMINISTRATOR AND SUSPENSION OF OPERATIONS Division 1—Appointment and functions of administrator 9.1 Registrar may appoint administrator of friendly society . . . . . . . . . . . . . . . . 127 9.2 Effect of appointment of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 9.3 Protection against liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 9.4 Termination of appointment of administrator . . . . . . . . . . . . . . . . . . . . . . . . 128 9.5 Administrator to report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 9.6 Stay of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Division 2—Suspension of operations of friendly society 9.7 Direction to suspend operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 PART 10—OFFICIAL MANAGEMENT AND WINDING-UP 10.1 Application of Pts 5.2 and 5.3 of Corporations Law . . . . . . . . . . . . . . . . . . . 131 10.2 Winding-up of friendly society . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 10.3 Registrar may order winding-up of friendly society . . . . . . . . . . . . . . . . . . . 132 10.4 Disposal of surplus on winding-up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 10.5 Cancellation of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 PART 11—FOREIGN FRIENDLY SOCIETIES 11.1 Application and interpretation of this Part . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 11.2 Documents etc. to be lodged by foreign friendly societies having place of business in the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 11.3 Return to be filed where documents etc. altered . . . . . . . . . . . . . . . . . . . . . . 137 11.4 Balance sheets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 11.5 Publication of name etc. of foreign friendly society . . . . . . . . . . . . . . . . . . . 139 11.6 Service of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 11.7 Cessation of business in the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 11.8 Restriction on use of certain names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 11.9 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142

8 Friendly Societies Act 1991 PART 12—GENERAL Division 1—Evidence 12.1 Certificates etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 12.2 Copies or extracts of books to be admitted in evidence . . . . . . . . . . . . . . . . 143 Division 2—Offences 12.3 Inducement to secure appointment etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 12.4 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 12.5 False or misleading statements in relation to benefit funds . . . . . . . . . . . . . 144 12.6 Fraudulently inducing persons to invest in a benefit fund . . . . . . . . . . . . . . 145 12.7 Falsification of books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 12.8 Penalty provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 12.9 Continuing offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 12.10 Officers and other persons in default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Division 3—Proceedings 12.11 Proceedings how and when taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 12.12 Indictable offences and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . 148 12.13 Civil remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 12.14 Civil proceedings not to be stayed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 12.15 Power of Court to prohibit payment or transfer of money or property . . . . . 150 12.16 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 12.17 Irregularities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 12.18 Power of Registrar to intervene in proceedings . . . . . . . . . . . . . . . . . . . . . . . 156 12.19 Review of decision by Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Division 4—Miscellaneous 12.20 Societies may impose penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 12.21 Reciprocal arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 12.21A Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 12.22 Exemption from stamp duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 12.23 Rules of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 12.24 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 PART 12A—TRANSFER OF INCORPORATION OF CERTAIN FRIENDLY SOCIETIES TO ASSOCIATIONS INCORPORATION ACT 1981

9 Friendly Societies Act 1991 12A.1 Application of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 12A.2 Special resolution to transfer incorporation . . . . . . . . . . . . . . . . . . . . . . . . . . 160 12A.3 Eligible friendly society may apply for Registrar’s certificate . . . . . . . . . . 161 12A.4 Certificate of consent to transfer of incorporation . . . . . . . . . . . . . . . . . . . . . 161 12A.5 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 12A.6 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . . 162 12A.7 When transfer of incorporation takes place . . . . . . . . . . . . . . . . . . . . . . . . . . 162 12A.8 Eligible friendly society must surrender its certificate of incorporation . . . 163 12A.9 Cancellation of registration and certificate of incorporation under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 PART 13—TRANSITIONAL PROVISIONS Division 2—Provisions consequent on enactment of this Act 13.2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 13.3 Dissolution of former society and incorporation of continuing society . . . . 164 13.4 Members, assets, rights and liabilities of continuing society . . . . . . . . . . . 165 13.5 Directors may act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 13.6 Objects of continuing society . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 13.7 Transitional adoption of model rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 13.8 Administration of continuing society . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 13.9 Validation of regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 13.10 Operation of dispensary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 13.11 Prosecution of offences under former Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Division 3—Provisions consequent on enactment of Treasury and Other Legislation Amendment Act 1994 13.12 Under hand of Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 13.13 Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 13.14 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 170 RULES TO BE MADE FOR FRIENDLY SOCIETY ENDNOTES 1 Index to Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 173

10 Friendly Societies Act 1991 3 Table of previous reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 4 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 7 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . 177 8 Table changed citations and remade laws . . . . . . . . . . . . . . . . . . . . 178 9 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . 178 10 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178

11 Friendly Societies Act 1991 FRIENDLY SOCIETIES ACT 1991 [as amended by all amendments that commenced on or before 1 November 1994 2 ] An Act relating to the formation and regulation of friendly societies and for other purposes PART 1—PRELIMINARY ˙ Short title 1.1 This Act may be cited as the Friendly Societies Act 1991 3–7 . ˙ Commencement 1.2(1) Section 1.1, this section and section 13.9 commence on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act commence on a day or days to be fixed by proclamation. ˙ Definitions 1.3(1) In this Act— “accounting records” include— (a) invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry; and (b) any working papers and other documents that are necessary to explain the methods and calculations by which accounts are made up.

12 Friendly Societies Act 1991 “accounts” means— (a) surplus and deficit accounts, including revenue accounts, management accounts and profit and loss accounts; or (b) balance sheets; or (c) notes (other than auditors’ reports and directors’ reports) that are attached to or intended to be read with any surplus and deficit account or balance sheet. “advertisement” includes— (a) any method of conveying information to the public (whether in writing or pictorially or otherwise, including by any circular, leaflet, newspaper, publication or other document, by any placard, poster or sign or by any public announcement made by means of producing or transmitting light or sound); and (b) an investor information memorandum; and (c) the promotion or sponsorship of an activity or the sponsorship of a person, which has the effect of inviting investment in a friendly society or a proposed friendly society. “annual general meeting” , in relation to a friendly society, means a meeting of the society required to be held by section 4.19. “Associations Act” means the Associations Incorporation Act 1981 . “benefit” means an amount payable to a member of a friendly society, or a dependant of a member, from a fund of the society established for the purpose of paying the benefit. “benefit fund” means a fund, or a combined benefit fund, established by a friendly society to enable a contributor to the fund, or a dependant of a contributor— (a) to receive the benefit or benefits for which the fund is established; or (b) to share in any surplus in the fund. “board” means the board of directors of a friendly society. “books” includes any register or other record of information and any accounts or accounting records however compiled, recorded or stored

13 Friendly Societies Act 1991 and also includes any document. “business document” , in relation to a friendly society, means a document that is issued, signed or endorsed by or on behalf of the society and is— (a) a business letter, statement of account, invoice or order for goods or services; or (b) a bill of exchange, promissory note, cheque or other negotiable instrument; or (c) a receipt or letter of credit issued by the society. “chairperson” means the chairperson elected by the directors of a friendly society to preside at meetings of the directors and at general meetings of the society. “combined benefit fund” means a fund established by a friendly society for the provision of more than 1 benefit. “company” means a company incorporated or taken to be incorporated under the Corporations Law. “corporation” means any body corporate whether formed or incorporated within or outside the State but does not include— (a) a body corporate that is a public authority, or an instrumentality or agency, of the Commonwealth, a State or a Territory; or (b) a corporation sole. “Court” means the Supreme Court or a Judge of that Court. “declared law” means a law of another State or of a Territory, being a law in respect of which a declaration referred to in subsection (2) is in force. “dependant” , in relation to a member of a friendly society, means— (a) the spouse of the member; or (b) a person (including a former spouse of the member) who is wholly or partly financially dependant on the member when a benefit becomes payable by virtue of the membership; or (c) a person who, in accordance with the rules of the society, is related to the member.

14 Friendly Societies Act 1991 “director” , in relation to a friendly society, has the meaning expressed in section 4.1. “eligible friendly society” means a friendly society to which Part 12A applies. “executive officer” , in relation to a friendly society, means any person, by whatever name called, and whether or not he or she is a director of the society, who is concerned or takes part in the management of the society. “expert” in relation to a matter means any person whose profession or reputation gives authority to a statement made by that person in relation to that matter. “foreign friendly society” means a friendly society formed and registered or taken to be formed and registered under a declared law. “friendly society” means a corporation constituted by section 3.2 or Part 13. “holding friendly society” means a friendly society of which a corporation is a subsidiary. “insolvent under administration” has the same meaning it has in the Corporations Law. “investigator” means a person appointed under section 8.15. “investor information memorandum” means a written notice or other instrument— (a) inviting applications for investment in a friendly society or proposed friendly society; or (b) offering investment in a friendly society or proposed friendly society. “issue” includes circulate, distribute and disseminate. “member ”, in relation to a friendly society, means an individual admitted to membership of a society in accordance with the rules of the society. “officer” , in relation to a friendly society, means— (a) a director, secretary or executive officer of the society; or (b) a receiver, or receiver and manager, of the property or part of the

15 Friendly Societies Act 1991 property of the society; or (c) an administrator of the society; or (d) a liquidator of the society. “persons claiming through a member” includes the beneficiaries, executors, administrators and assigns of a member, and also the member’s nominees where nomination is allowed under this Act. “principal executive officer” , in relation to a friendly society, means the principal executive officer of the society for the time being, by whatever name called, and whether or not the person is a director. “publish” includes issue. “Registrar” means the Queensland Office of Financial Supervision established under the Queensland Office of Financial Supervision Act1992 . “related body corporate” , in relation to a friendly society, means a body corporate that would be related to the society for the purposes of the Corporations Law if the society were a company within the meaning of that law. “reproduction” , in relation to a document, has the meaning given in Part 7 of the Evidence Act 1977 . “rules” means the rules of a friendly society for the time being in force. “special resolution” has the meaning given in section 4.23. “spouse” includes de facto spouse. “State Actuary” means an actuary who— (a) is a fellow of the Institute of Actuaries of Australia; or (b) is the holder for the time being of an office; and is notified as the State Actuary by an order of the Minister that is published in the Gazette and names the actuary or specifies the office. “subsidiary” , in relation to a friendly society, means a body corporate that would be a subsidiary for the purposes of the Corporations Law if the friendly society were a company within the meaning of that law. “transparency” , in relation to a document, has the meaning given in Part 7 of the Evidence Act 1977 .

16 Friendly Societies Act 1991 (2) The Governor in Council may, by regulation, declare a law of another State or a Territory to be a declared law under this Act. ˙ Application of Corporations Law 1.4(1) Except as provided by this section, the Corporations Law does not apply to a friendly society. (2) The only provisions of the Corporations Law that apply to a friendly society are provisions that— (a) are applied to a society by this Act or by regulations made as permitted by this section; or (b) relate to the role of a society in the formation of a company; or (c) relate to substantial shareholdings (by or involving a society) in a company; or (d) confer and impose functions on a society as a member, or former member, of a corporation; or (e) confer or impose functions on a society in its dealings with a corporation (not being dealings in securities of the society). (3) A friendly society may be an authorised trustee corporation as defined in section 9 of the Corporations Law. (4) A regulation may apply to friendly societies, with or without modification, a provision of the CorporationsLaw, and a provision so applied has effect in accordance with the regulation. (5) A regulation may not apply a provision, or a modified provision, of the Corporations Law if the result would be an inconsistency with the other provisions of this Act. (6) A regulation made as permitted by this section may create an offence with a maximum penalty not exceeding the maximum penalty for the provision of the Corporations Law to which the regulation relates. ˙ Relief from requirements 1.5(1) The directors of a friendly society may apply to the Registrar in writing for an order relieving them, officers of the society, the society or the

17 Friendly Societies Act 1991 auditor or actuary of the society from compliance with any specified provisions of Part 4, Divisions 1, 4 and 5, Part 5, Division 4 and Part 6, Divisions 1 and 2 and the Registrar may make such an order either unconditionally or subject to conditions specified in the order. (2) The Registrar may require the directors making the application to supply such information relating to the operations of the friendly society as the Registrar thinks necessary for the purpose of determining the application. (3) Notice of an order under subsection (1) must be served on the friendly society to which it relates. (4) The Registrar may make an order under subsection (1) that is limited to a specific period and may from time to time either on application by the directors, or without any such application, revoke, vary or suspend the operation of the order. (5) The Registrar must not make an order under subsection (1) in relation to a friendly society unless, in relation to the provision of this Act specified in the order, the Registrar is of the opinion that compliance with the provision— (a) would be inappropriate in the circumstances of the society; or (b) would impose unreasonable burdens on the society, an officer of the society or the auditor or actuary of the society. PART 2—OBJECTS AND FUNCTIONS ˙ Objects 2.1 A friendly society may be formed for all or any of the following objects— (a) the provision of health and welfare facilities and services for members or their dependants, including but not limited to hospital, medical, dental, pharmaceutical, optical, physiotherapy and speech therapy; (b) the provision of facilities and benefits for the relief and

18 Friendly Societies Act 1991 maintenance of members or their dependants in the case of birth, death, sickness, disability, accident, retirement, old age and unemployment; (c) the provision of annuities, life insurance and superannuation benefits for members or their dependants; (d) the provision of services and benefits for the education of members and their dependants; (e) any other object prescribed by the regulations. ˙ Principal functions of a friendly society 2.2(1) A friendly society may exercise such functions as are necessary to achieve its objects in accordance with this Act. (2) Without limiting the operation of subsection (1), a friendly society may— (a) provide financial or advisory services for the relief or support of members or their dependants; and (b) operate a managed fund including an approved deposit fund within the meaning of section 27A(1) of the Income Tax Assessment Act 1936 (Cwlth); and (c) provide or manage social facilities, social functions and leisure services for members or their dependants; and (d) provide insurance and reinsurance services for members or their dependants; and (e) arrange for the provision of legal services to members or their dependants; and (f) have a corporation as its subsidiary; and (g) appoint agents to act on behalf of the friendly society; and (h) act as an agent for members and receive commissions in that capacity; and (i) act as an agent for any person providing a service to members and receive commissions in that capacity; and (j) enter into a joint venture with any other friendly society or foreign

19 Friendly Societies Act 1991 friendly society; and (k) cooperate with any other friendly society; and (l) carry out its objects and exercise its powers at any place outside the State; and (m) exercise any other function prescribed by regulation. (3) A friendly society that has as an object the provision of health and welfare facilities and services for members or their dependants may, despite anything contained in this Act or in any other Act or law— (a) sell or supply medical requisites; and (b) dispense or sell medicines; to members of the public generally, whether members of the society or not, in the same manner and to the same extent as a pharmacist registered under the Pharmacy Act 1976 may do so if the practice of the society is under the actual personal supervision of a pharmacist registered under that Act. PART 3—REGISTRATION AND INCORPORATION Division 1—Friendly societies ˙ Application for registration of friendly society 3.1(1) Before application may be made for registration of a friendly society, a meeting must be held and there must be presented to the meeting in writing— (a) a statement of the proposed objects of the society; and (b) a business plan showing how it is proposed to achieve those objects; and (c) the proposed rules of the society. (2) Application for registration of the friendly society may not be made unless at the meeting (or at a subsequent or adjourned meeting) the appropriate number of individuals 18 years of age or older—

20 Friendly Societies Act 1991 (a) approved the proposed rules with or without amendment; and (b) completed applications for membership; and (c) elected the persons to be proposed as the first directors of the society. (3) Application for registration of the friendly society must be made in the prescribed form and must be lodged with the Registrar not later than 2 months after closure of the meeting or within such extended period as the Registrar may allow. (4) The application must be signed by the appropriate number of persons who attended the meeting and must be accompanied by— (a) 2 copies of the proposed rules signed and certified by those who acted as chairperson and secretary at the meeting; and (b) a copy, so signed and certified, of the business plan presented to the meeting; and (c) any other prescribed particulars; and (d) the prescribed fee. (5) In this section— “appropriate number” means— (a) at least 100; or (b) if the Registrar, before or after the meeting, approves a lower number—at least the number approved by the Registrar. ˙ Registration and incorporation 3.2(1) If the Registrar is satisfied— (a) that the friendly society has complied with the provisions of this Act in respect of matters precedent to the registration of the society and incidental to its registration; and (b) that the proposed rules of the society conform with the requirements of this Act, are adequate for the proper conduct and operation of the society and are such as may be reasonably registered; and

21 Friendly Societies Act 1991 (c) that the experience and educational qualifications of every proposed executive officer of the society are adequate having regard to the duties likely to be performed by the officer and the business plan; and is of the opinion— (d) that there are reasonable grounds for believing that the society, if registered, will be able to carry out its objects successfully; and (e) that there is no reasonable cause why the society and its proposed rules should not be registered; the Registrar must register the society and its proposed rules. (2) Upon registration of the friendly society, the persons who are the members of the society, together with such persons as may from time to time become members of the society, become a corporation by the name by which the society is registered. (3) The corporation— (a) has perpetual succession and a common seal; and (b) may acquire, hold, mortgage, lease and otherwise deal with and dispose of property; and (c) is, in its corporate name, capable of suing and being sued; and (d) has power to enter into contracts; and (e) has the powers, rights and functions otherwise conferred, imposed or prescribed by or under this Act or, subject to this Act, conferred, imposed or prescribed by the rules of the society. (4) On registering a friendly society, the Registrar is to issue it with a certificate of incorporation that specifies as the name of the society the name by which it is registered. (5) A member of a friendly society is not, as such a member, under any personal liability to a creditor of the society. (6) The expenses of and incidental to the formation of a friendly society may be paid out of capital or income.

22 Friendly Societies Act 1991 ˙ Conditions 3.3(1) If the Registrar is of the opinion that it is necessary or desirable to do so in the interests of members or creditors of a friendly society or in the public interest, the Registrar may, by notice in writing served on the society, restrict the society to providing specified benefits or classes of benefit. (2) A notice served under subsection (1) is not effective unless it is served within 7 working days after the society is registered. (3) If at any time the Registrar is of the opinion that a requirement imposed on a society under this section is no longer necessary or should be varied, the Registrar may, by notice in writing served on the society, withdraw the requirement or, as the case may be, vary it. (4) If a friendly society contravenes a requirement imposed on it under this section, an officer of the society who is in default commits an offence. Maximum penalty—50 penalty units or imprisonment for 6 months. ˙ Undesirable name not permitted 3.4(1) Except with the consent of the Minister, a friendly society must not be registered by a name that is a name, or a name of a kind, that the Minister has directed the Registrar not to accept for registration. (2) Notification of each direction given by the Minister and referred to in subsection (1) must be published in the Gazette. ˙ Certain words to be included in name 3.5(1) A friendly society must have the words ‘Friendly Society’, without abbreviation, as part of its name. (2) Subsection (1) does not apply to a friendly society that was registered as a society under the Friendly Societies Act 1913 immediately before the repeal of that Act, if the society is exempted in writing by the Registrar. ˙ Common seal of friendly society to be inscribed with name 3.6 The common seal of a friendly society is of no effect unless the registered name of the society is inscribed on the seal in legible letters.

23 Friendly Societies Act 1991 ˙ Publication of name of friendly society 3.7(1) Every friendly society must— (a) display in a conspicuous position in letters easily legible on the outside of every office or place in which the business of the society is carried on— (i) its registered name; and (ii) in the case of its registered office—the words ‘Registered Office’; and (b) have its registered name stated in legible characters in all notices, advertisements and other official publications of the society and in every business document of the society. (2) The Registrar, on application from a friendly society, may approve the use of an abbreviated form of name of the society to be used subject to such conditions as the Registrar may impose in place of the full name of the society as required by subsection (1). ˙ Use of name by friendly society 3.8(1) A director of a friendly society must not authorise or permit the society to use any name other than— (a) its registered name; or (b) an abbreviated name approved by the Registrar under section 3.7(2); or (c) a business name approved in writing by the Registrar and registered in respect of the society under the Business Names Act1962 . (2) An officer of a friendly society, or a person acting on its behalf, must not use a seal that purports to be the seal of the society and on which the society’s registered name does not appear. (3) An officer of a friendly society, or a person acting on its behalf, must not— (a) issue or authorise the issue of any notice, advertisement or other official publication of the society; or

24 Friendly Societies Act 1991 (b) sign or authorise to be signed on behalf of the society any business document of the society; in which, in respect of the society, a name referred to in subsection (1)(a) or (b) does not appear. (4) A person who contravenes this section commits an offence. ˙ Change of name of friendly society 3.9(1) A friendly society may, with the approval of the Registrar, change its name by special resolution. (2) A change of name does not take effect until— (a) the Registrar has noted the change on the certificate of incorporation of the society; or (b) the certificate of incorporation is surrendered to the Registrar and a replacement certificate of incorporation is issued in the new name. (3) A change of name of a friendly society does not affect— (a) its identity; or (b) the exercise of any rights, or the enforcement of any obligations, by or against the society or any person; or (c) the continuation of any legal proceedings by or against the society. (4) Any legal proceedings that might have been continued or commenced by or against the society in its former name may be continued or commenced by or against the society in its new name. (5) A change of name must be advertised as prescribed. (6) In the case of any estate or interest in land registered in the name of a friendly society before its change of name— (a) the Registrar of Titles, where the Land Title Act 1994 applies to such estate or interest; or (b) the person or authority charged with registering instruments of title to or dealings with such estate or interest, where that Act does not apply;

25 Friendly Societies Act 1991 may, without any authority other than this Act and without payment of any fee— (c) make or cause to be made any necessary recordings in the appropriate register or other record of titles or dealings; and (d) do and execute all such acts, matters and things as may be necessary and proper; to give full effect to the change of name of the society. ˙ Use of words “friendly society” 3.10(1) 1 No person or body of persons, whether incorporated or unincorporated, other than a friendly society, or a foreign friendly society registered under Part 11, may— (a) trade or carry on business under any name or title of which the words “friendly society” or the words “friendly societies” or any other words importing a similar meaning, form part; or (b) in any manner hold out that it is, or its trade or business is that of, a friendly society, or a foreign friendly society registered under Part 11. (2) Subsection (1) does not apply to a foreign friendly society for the period of one month after it commences to trade or carry on business in the State. (3) For the purposes of subsection (2), a foreign friendly society which immediately before the date of commencement of this section was trading or carrying on business in the State and, on that date, continues to trade or carry on business in the State is taken to have commenced to trade or carry on business in the State on that date. (4) Any society or corporation formed or incorporated outside the State (other than a foreign friendly society) that desires to trade or carry on business in the State may apply in the prescribed form to the Registrar for exemption from the provisions of subsection (1) and that subsection does not apply to any such society or corporation in respect of which the Registrar has granted exemption while that exemption subsists. 1 This provision not commenced on or before the reprint date.

26 Friendly Societies Act 1991 (5) The Registrar may grant an exemption for the purposes of subsection (4) for such time and upon such conditions as the Registrar thinks fit and may revoke the exemption or vary the conditions. (6) The Registrar must not grant an exemption for the purposes of subsection (4) unless satisfied that the society or corporation will be able to trade or carry on business in the State in accordance with the principles contained in this Act for the carrying on of the business of a friendly society. (7) Any person contravening this section and, in the case of a corporation or an unincorporated body of persons contravening this section, any director or other person having the control and management of the affairs of the corporation or body of persons contravening, each commit an offence. (8) In subsection (1)— “trade or carry on business” includes— (a) the establishing or using of an office for the receipt of monies; or (b) advertising for or otherwise seeking the payment of monies; or (c) the making of loans or the payment of benefits to persons residing in the State; whether by servants or agents or otherwise. ˙ Registered office 3.11(1) A friendly society must have a registered office within the State to which all communications and notices may be addressed. (2) The persons making application for registration of a friendly society must lodge with the Registrar a notice in the prescribed form of the address of the proposed registered office. (3) Notice in the prescribed form of a change in the situation of the registered office of a friendly society must be lodged by the society with the Registrar not later than 14 days after the day on which the change occurred. (4) The situation of the registered office of a friendly society— (a) in a case to which paragraph (b) does not apply—is the place notice of the address of which has been lodged with the Registrar under subsection (2); or

27 Friendly Societies Act 1991 (b) if a notice of change of address has been lodged with the Registrar under subsection (3)—is from the date on which the notice is lodged, the place the address of which is specified in the notice. (5) In the application of subsection (4) to a friendly society that has lodged more than 1 notice of change of address under subsection (3), a reference in subsection (4)(b) to a notice is to be construed as a reference to the notice last lodged. (6) The situation of the registered office of a friendly society that was registered as a society under the Friendly Societies Act 1913 immediately before the commencement of section 12.25 is, unless and until a notice is lodged with the Registrar in relation to the society under subsection (3), the place that was, immediately before the commencement of this section, its registered office for the purpose of that Act. ˙ Service of documents 3.12(1) A document may be served on a friendly society by leaving it at, or by sending it by post to, its registered office. (2) Without limiting the operation of subsection (1), a document may be served on a friendly society by delivering a copy of the document personally to each of 2 directors of the society who reside in the State or by sending a copy of the document by post to each of 2 such directors at the address of those directors last known to the person sending the copy of the document. (3) Where a liquidator of a friendly society has been appointed, a document may be served on the society by leaving it at, or by sending it by post to, the last address of the office of the liquidator notice of which has been lodged with the Registrar. ˙ Minors 3.13(1) A person who is younger than 16 may, with the written consent of his or her parents or guardian, enter into a contract for the provision of benefits by a friendly society or accept an assignment of such a contract. (2) A person who is 16 or older, but younger than 18, may enter into a contract for the provision of benefits by a friendly society or accept an assignment of such a contract.

28 Friendly Societies Act 1991 (3) A person who is 16 or older, but younger than 18, may, with the written consent of his or her parents or guardian, assign, discharge, surrender, or give security over, a contract for the provision of benefits by a friendly society. (4) Except as provided by subsection (3), a person who is 16 or older, but younger than 18, has the same powers and privileges in relation to a contract for the provision of benefits by a friendly society as a person who is 18 or older. Division 2—Rules ˙ Rules of friendly society 3.14(1) The rules of a friendly society must provide for the matters specified in Schedule 2 and for any other matters that the Registrar may from time to time require by written notice served on the society. (2) The rules of a friendly society have effect as a contract that is executed under seal and requires— (a) the society; and (b) each member of the society; and (c) each person claiming through the society or a member of the society; to observe the rules. (3) This section does not limit the matters in respect of which provision may be made by the rules of a friendly society. (4) Where there is any inconsistency between a rule of a friendly society and a provision of this Act, the latter prevails and the former is, to the extent of the inconsistency, invalid. ˙ Model rules 3.15(1) Model rules for friendly societies may be prescribed. (2) A friendly society may adopt as the whole or part of its rules the whole or any part of the model rules, with or without modification.

29 Friendly Societies Act 1991 ˙ Alteration of rules 3.16(1) A proposed alteration of the rules of a friendly society is ineffective unless— (a) it is made by special resolution of the members or in accordance with subsection (2); and (b) it is not inconsistent with this Act or with any other Act or any law; and (c) it is registered as prescribed. (2) A proposed alteration may be made by resolution of the directors of the friendly society if— (a) the alteration is authorised or required by or under this Act or any other Act or any law; or (b) the Registrar is satisfied that approval of the alteration by the members of the society is not necessary and alteration by the directors would be appropriate. (3) If the Registrar is satisfied— (a) that approval of the application for registration of an alteration would be reasonable; and (b) that, except for registration, the proposed alteration is not ineffective as provided by subsection (1); and (c) that there is no reasonable cause why the alteration should not be registered; the Registrar must register the alteration as prescribed. (4) If the rules of a friendly society are altered, it must give written notice of the alteration to its members not later than the date on which notice is given of the annual general meeting of the society that next succeeds the alteration. (5) The notice referred to in subsection (4) must be given to members personally or in such other manner as the Registrar approves. (6) If a friendly society contravenes subsection (4), any officer of the society who is in default commits an offence.

30 Friendly Societies Act 1991 ˙ When Registrar may refuse to register rules 3.17 The Registrar may refuse registration of a rule or an alteration of a rule that, in the Registrar’s opinion— (a) is inconsistent with this Act or any other Act or law; or (b) provides insufficient contributions or excessive benefits; or (c) would adversely affect the financial position of a friendly society; or (d) adversely affects the rights of members or any class of members; or (e) imposes any inequitable provision relating to the settlement of disputes. ˙ Supplying copies of rules 3.18 A friendly society must, on payment of any fee required by the rules, supply a copy of its rules to any member who requests them. PART 4—MANAGEMENT Division 1—Directors and officers ˙ Definition of director 4.1(1) Subject to subsection (2), a reference to a director, in relation to a friendly society, includes a reference to— (a) a person occupying or acting in the position of director of the society, by whatever name called and whether or not validly appointed to occupy, or duly authorised to act in, the position; and (b) a person in accordance with whose directions or instructions the directors of the society are accustomed to act. (2) A person is not a person in accordance with whose directions or

31 Friendly Societies Act 1991 instructions a friendly society’s directors are accustomed to act merely because the directors act on advice given by the person in the proper performance of the functions attaching to the person’s professional capacity or to the person’s business relationship with the directors. ˙ Consent of person to appointment as director 4.2 A person may not be appointed as director of a friendly society unless the person has consented to the appointment in writing. ˙ Directors 4.3(1) The business and operations of a friendly society are to be managed and controlled by a board of at least 5, and not more than 9, directors each of whom is a member of the society and the majority of whom must be resident in the State. (2) The directors must elect one of their number as the chairperson to preside at meetings of the directors and general meetings of the friendly society. (3) Subject to any restrictions imposed by this Act or by the rules of the friendly society, the board may exercise the functions of the society as if they had been conferred or imposed by a general meeting of the society. (4) The directors must meet— (a) as often as is necessary for the proper and effective conduct of the business of the friendly society; and (b) in any case, but without limiting the operation of paragraph (a), at least once every 3 months. (5) A director carrying on the business and operations of a friendly society in accordance with a resolution of the board does so as agent of the society. (6) A defect in the qualifications or appointment of a director does not invalidate anything done by the director before discovery of the defect.

32 Friendly Societies Act 1991 ˙ Age of directors 4.4(1) The provisions of section 228(1) to (7) of the Corporations Law apply in relation to a person of or over 72 years of age being appointed, or acting, as a director of a friendly society in the same way as they apply in relation to such a person being appointed, or acting, as a director of a public company. (2) If a director of a friendly society vacates office at the conclusion of the annual general meeting of the society commencing next after the director attains the age of 72 years, the vacancy is not to be taken into account in determining whether other directors retire. (3) This section does not affect the operation of a rule of a friendly society that— (a) prevents a person from being appointed as a director of the society; or (b) requires a director to vacate office before attaining the age of 72 years. (4) A person under the age of 18 years is incapable of being appointed as a director of a friendly society. ˙ Disqualification from acting as director 4.5(1) In this section— “convicted person” means a person who, within or outside the State— (a) has been convicted of an offence referred to in section 229(3) of the Corporations Law; or (b) has been convicted on indictment of an offence in connection with the promotion, formation or management of a friendly society, cooperative society, credit society or building society; or (c) has been convicted of an offence under section 4.14. (2) A convicted person who acts as a director of a friendly society— (a) within 5 years after conviction; or (b) if sentenced to imprisonment—within 5 years after release from imprisonment;

33 Friendly Societies Act 1991 commits an offence. Maximum penalty—100 penalty units or imprisonment for 12 months. (3) An insolvent under administration who acts as a director of a friendly society commits an offence. Maximum penalty—100 penalty units or imprisonment for 12 months. (4) For the purposes of this section— (a) a reference to a person acting as a director of a friendly society includes a reference to a person directly or indirectly taking part, or being concerned, in the management of the society; and (b) a certificate by a prescribed authority as to the date of release of a person from imprisonment is prima facie evidence of the matter certified. ˙ Circumstances in which director ceases to hold office 4.6(1) Unless sooner vacated, the office of a director of a friendly society is vacated 3 years after appointment as a director, but the director may, if eligible, be reappointed. (2) The office of a director of a friendly society is vacated if the director— (a) ceases to be a member of the society; or (b) is prohibited from acting as a director by an order of the Court under section 4.11 or an order of the Registrar under section 4.12; or (c) becomes an insolvent under administration; or (d) is admitted into and detained in a hospital, as a patient or otherwise, for treatment for mental illness under the MentalHealthAct1974 or becomes a protected person within the meaning of Part 6 of the Public Trustee Act 1978 ; or (e) is removed from office as referred to in subsection (3); or (f) is convicted of an offence that involves fraud or dishonesty and is punishable on conviction with imprisonment for at least 3 months; or

34 Friendly Societies Act 1991 (g) is a convicted person referred to in section 4.5; or (h) is absent from 3 consecutive meetings of the board without the leave of the board; or (i) resigns the office by instrument in writing given to the chairperson of the board. (3) A director of a friendly society may be removed from office by a resolution of a general meeting of the society passed— (a) except as provided by paragraph (b)—by a simple majority; or (b) if the rules of the society require a greater majority for the passing of such a resolution—by the majority provided for in the rules. ˙ Disclosure of interest 4.7(1) A director of a friendly society who is in any way, whether directly or indirectly, interested in a contract or proposed contract with the society (not being a contract with respect to the payment of a benefit) must, as soon as practicable after the relevant facts have come to the director’s knowledge, declare the nature of the director’s interest to the board in accordance with this section. (2) The requirements of subsection (1) do not apply in any case where the interest of a director of a friendly society consists only of being a member or creditor of a corporation that is interested in a contract or proposed contract with the society if the interest of the director may properly be regarded as not being a material interest. (3) In the case of a proposed contract, the declaration required by this section to be made by a director must be made— (a) at the meeting of the board at which the question of entering into the contract is first taken into consideration; or (b) if the director was not present at the meeting referred to in paragraph (a)—at the next meeting of the board held after that meeting; or (c) if the director was not at the date of the meeting referred to in paragraph (a) interested in the proposed contract—at the next meeting of the board held after he or she becomes interested in the

35 Friendly Societies Act 1991 proposed contract; as the case may require. (4) Where the director becomes interested in a contract after it is made, the declaration must be made at the first meeting of the board held after the director becomes interested in the contract. (5) For the purposes of this section, a general notice in writing given to all the other directors by a director to the effect that the director is an officer or member of a specified corporation, or a member of a specified firm, and is to be regarded as interested in any contract that might, after the date of the notice, be made with that corporation or firm, is a sufficient declaration of interest in relation to any contract that is made or proposed to be made with that corporation or firm if— (a) the notice states the nature and extent of the interest of the director in the corporation or firm; and (b) when the question of confirming or entering into the contract is first taken into consideration, the extent of that interest in the corporation or firm is not greater than is stated in the notice; and (c) the notice is given at a meeting of the board, or the director takes reasonable steps to ensure that it is brought up and read at the next meeting of the board after it is given. (6) A director of a friendly society who holds any office or possesses any property whereby, directly or indirectly, duties or interests might be created in conflict with his or her duties or interests as director, must, in accordance with subsection (7), declare at a meeting of the board the fact and the nature, character and extent of the conflict. (7) A declaration required by subsection (6) in relation to the holding of an office or the possession of any property must be made by a person— (a) where the person holds the office or possesses the property as mentioned in subsection (6) when the person becomes a director—at the first meeting of the board held after— (i) the person becomes a director; or (ii) the relevant facts as to the holding of the office or the possession of the property come to the person’s knowledge; whichever is later; or

36 Friendly Societies Act 1991 (b) where the person begins to hold the office or comes into possession of the property as mentioned in subsection (6) after the person becomes a director—at the first meeting of the board held after the relevant facts as to the holding of the office or the possession of the property come to the person’s knowledge. (8) Nothing in this section is to be taken to prejudice the operation of any rule of law, or any provision in the society’s rules, restricting directors of a friendly society from having any interest in contracts with the society or affecting the obligations of a director to account for any profit arising from any such contract or prohibiting a director from holding offices or possessing property involving duties or interests in conflict with duties or interests as a director. (9) A declaration made under this section must be recorded in the minutes of the meeting at which it is made. (10) A director must not vote on any question in which the director has an interest that must be disclosed under this section and a vote cast in contravention of this subsection does not count. (11) A director who contravenes this section commits an offence. ˙ Secretary 4.8(1) The board of a friendly society must appoint an individual who has attained the age of 18 years and who is resident in the State to be the secretary of the society. (2) If the office of secretary is vacant or for any other reason the secretary is not capable of acting, any act or thing required or authorised to be done by or in relation to the secretary may be done by or in relation to any assistant or deputy secretary or, if there is no assistant or deputy secretary or no assistant or deputy secretary is capable of acting, by or in relation to any officer of the society authorised by the directors to act as secretary either generally or in relation to the doing of that act or thing. (3) A provision of this Act or the rules requiring or authorising any act or thing to be done by or in relation to a director and the secretary is not satisfied by its being done by or in relation to the same person acting both as director and as, or in place of, the secretary.

37 Friendly Societies Act 1991 ˙ Liability of, and indemnity for, officers and employees 4.9(1) Except as provided by subsection (2) or (3), a rule of, or contract with, a friendly society is void if it purports to— (a) exempt an officer or employee of the society from any liability to the society for negligence, default, breach of duty or breach of trust; or (b) indemnify an officer or employee of the society against any such liability. (2) A friendly society may indemnify an officer or employee of the society against any liability incurred by the officer or employee— (a) in defending civil proceedings that relate to the affairs of the society and result in judgment in favour of the officer or employee; or (b) in defending criminal proceedings that relate to the affairs of the society and result in the officer or employee being acquitted; or (c) in connection with an application in proceedings referred to in paragraph (a) or (b) in which relief is, under this Act, granted to the officer or employee by the Court. (3) Subsection (1)— (a) does not apply to a contract of insurance unless the premiums are paid by the friendly society; and (b) does not apply to compulsory professional indemnity insurance even if the premiums are paid by the friendly society. ˙ Remuneration of directors 4.10(1) A director of a friendly society must not be paid any remuneration for services as a director other than the fees, salary or other monetary consideration, concessions and other benefits that are approved at a general meeting of the society. (2) Despite subsection (1), a director may be paid all travelling and other expenses properly incurred by the director in attending and returning from meetings of the directors, or any committee of the directors, or general

38 Friendly Societies Act 1991 meetings of the friendly society or otherwise in connection with its business. ˙ Court may prohibit person from acting as director etc. in certain circumstances 4.11(1) Unless cause to the contrary is shown, the Court may, on an application by the Registrar and on being satisfied as to the matters referred to in subsection (2), make an order prohibiting a person specified in the order from acting as a director of, or from being concerned or taking part in the management of, a friendly society during such period, not exceeding 5 years, after the date of the order as is specified in the order. (2) The Court must not make an order under subsection (1) unless it is satisfied— (a) that the person to whom the application for the order relates was given notice of the application; and (b) that, within the period of 7 years before notice of the application was given to the person referred to in paragraph (a), whether that period commenced before or after the commencement of this section, that person was a director of, or was concerned or took part in the management of— (i) a friendly society— (A) that has been wound-up, or is in the course of being wound-up, because of inability to pay its debts as and when they became due; or (B) that has been in the course of being wound-up because of inability to pay its debts as and when they became due, where the winding-up has been stayed or terminated by an order under section 482 of the CorporationsLaw as applied to the winding-up by Part 10; or (C) in respect of which an administrator has been appointed under this Act because it was unable to pay all its debts in full; or (ii) a corporation other than a friendly society—

39 Friendly Societies Act 1991 (A) that has been wound-up, or is in the course of being wound-up, because of inability to pay its debts as and when they became due; or (B) that has been in the course of being wound-up because of inability to pay its debts as and when they became due, where the winding-up has been stayed or terminated by an order under section 482 of the Corporations Law or an equivalent previous enactment; or (C) that has been or is under official management or a like form of administration; or (iii) a friendly society or other corporation— (A) that has ceased to carry on business because it was unable to pay its debts as and when they became due; or (B) in respect of which a levy of execution was not satisfied; or (C) in respect of the property or part of the property of which a receiver, or a receiver and manager, has been appointed, whether by a court or pursuant to the powers contained in an instrument, whether or not the appointment has been terminated; or (D) that has entered into a compromise or scheme of arrangement with its creditors; and (c) that the manner in which the affairs of the friendly society or other corporation had been managed was wholly or partly responsible for any of the events referred to in paragraph (b) in relation to the society or, as the case may be, other corporation. (3) A person who contravenes an order under this section commits an offence. Maximum penalty—100 penalty units or imprisonment for 12 months. (4) Subsection (3) does not affect the powers of the Court in relation to the punishment of contempts of the Court.

40 Friendly Societies Act 1991 ˙ Prohibition by Registrar against acting as director 4.12(1) The Registrar may serve on a director of a friendly society a written notice calling on the director to show cause, within a reasonable time stated in the notice, why the director should not be prohibited from acting as a director. (2) The notice must state— (a) the grounds on which it is served and, except in relation to a conviction, the reasons why the Registrar considers that the grounds exist; and (b) that the director may, within the time stated in the notice, lodge with the Registrar written representations or may arrange with the Registrar a time and place to be heard by the Registrar. (3) The only grounds on which a notice may be served are any 1 or more of the following— (a) that, in the opinion of the Registrar, the director is incapable of managing his or her own affairs; (b) that, in the opinion of the Registrar, the director has not exercised the functions of a director efficiently, or has not exercised them honestly, or has not exercised them fairly; (c) that the director has been convicted not earlier than 5 years before service of the notice of an offence against this Act, the Co-operative and Other Societies Act 1967 , the Building SocietiesAct 1985 , the Credit Societies Act 1986 , the Financial Institutions (Queensland) Code or the Friendly Societies Act 1913. (4) If a director served with a notice under this section fails within the time stated in the notice or within such further time (if any) as the Registrar may allow— (a) to make representations to the Registrar; or (b) to arrange to be heard by the Registrar; the Registrar may, by order served on the director, prohibit the director from acting as a director of a friendly society. (5) If a director who makes written representations to, or is heard by, the Registrar fails to show the requisite cause to the Registrar’s satisfaction, the

41 Friendly Societies Act 1991 Registrar may by order served on the director, prohibit the director from acting as a director of a friendly society. (6) An order under this section must state the period during which it is to operate, being not more than 5 years. (7) A person who fails to comply with an order under this section commits an offence. Maximum penalty—50 penalty units or imprisonment for 12 months. ˙ Acting as director after office vacated 4.13 A person who knowingly purports to exercise the powers of a director of a friendly society after that person’s office as director has been vacated and any director of a society who knowingly permits or suffers any person to exercise the powers of a director after that person’s office as director has been vacated commits an offence. ˙ Duty and liability of officers 4.14(1) An officer of a friendly society who fails to act honestly in exercising the functions of such an officer commits an offence. Maximum penalty— (a) where paragraph (b) does not apply—100 penalty units or 12 months imprisonment; or (b) where the offence was committed with intent to deceive or defraud the society, members or creditors of the society or creditors of any other person or for any other fraudulent purpose—350 penalty units or imprisonment for 5 years. (2) An officer of a friendly society who fails to exercise a reasonable degree of care and diligence in exercising the functions of such an officer commits an offence. Maximum penalty—100 penalty units or imprisonment for 12 months. (3) An officer of a friendly society— (a) who does; or (b) aids, abets, counsels or procures or by act or omission is in any

151 Friendly Societies Act 1991 order of the kind applied for that is expressed to have effect pending the determination of the application. (6) On an application under subsection (1), the Court must not require the applicant or any other person, as a condition of granting an interim order under subsection (3), to give an undertaking as to damages. (7) Where the Court has made an order under this section on a person’s application, the Court may, on application by that person or by any person affected by the order, make a further order discharging or varying the first mentioned order. (8) An order made under subsection (1) may be expressed to operate for a specified period or until the order is discharged by a further order under this section. (9) Nothing in this section affects the powers that the Court has apart from this section. (10) A person who contravenes an order by the Court under this section commits an offence. ˙ Injunctions 12.16(1) Where a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute— (a) a contravention of this Act; or (b) attempting to contravene this Act; or (c) aiding, abetting, counselling or procuring a person to contravene this Act; or (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act; or (f) conspiring with others to contravene this Act; the Court may, on the application of the Registrar, or of a person whose interests have been, are or would be affected by the conduct, grant an injunction, on such terms as the Court thinks appropriate, restraining the first person from engaging in the conduct and, if in the opinion of the Court

152 Friendly Societies Act 1991 it is desirable to do so, requiring that person to do any act or thing. (2) Where a person has failed, is failing, or is proposing to fail, to do an act or thing that the person is required by this Act to do, the Court may, on the application of— (a) the Registrar; or (b) any person whose interests have been, are or would be affected by the failure to do that act or thing; grant an injunction, on such terms as the Court thinks appropriate, requiring the first person to do that act or thing. (3) Where an application for an injunction under subsection (1) or (2) has been made, the Court may, if the Court determines it to be appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied that that subsection applies. (4) Where in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1). (5) The Court may discharge or vary an injunction granted under subsection (1), (2) or (4). (6) The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised— (a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and (b) whether or not the person has previously engaged in conduct of that kind; and (c) whether or not there is an imminent danger of substantial damage to any person if the first person engages in conduct of that kind. (7) The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised— (a) whether or not it appears to the Court that the person intends to fail again, or to continue to fail, to do that act or thing; and (b) whether or not the person has previously failed to do that act or thing; and

153 Friendly Societies Act 1991 (c) whether or not there is an imminent danger of substantial damage to any person if the first person fails to do that act or thing. (8) Where the Registrar applies to the Court for the grant of an injunction under this section, the Court must not require the applicant or any other person, as a condition of granting an interim injunction, to give an undertaking as to damages. (9) In proceedings under this section against a person, the Court may make an order under section 12.15 in respect of the person. (10) Where the Court has power under this section to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do a particular act or thing, the Court may, either in addition to or in substitution for the grant of the injunction, order that person to pay damages to any other person. ˙ Irregularities 12.17(1) In this section— (a) a reference to a proceeding under this Act is a reference to any proceeding whether a legal proceeding or not; and (b) a reference to a procedural irregularity includes a reference to— (i) the absence of a quorum at a meeting of a friendly society, at a meeting of directors or creditors of a friendly society or at a joint meeting of creditors and members of a friendly society; and (ii) a defect, irregularity or deficiency of notice or time. (2) A proceeding under this Act is not invalidated because of any procedural irregularity unless the Court is of the opinion that the irregularity has caused or may cause substantial injustice that cannot be remedied by any order of the Court and by order declares the proceeding to be invalid. (3) A meeting held for the purposes of this Act, or a meeting notice of which is required to be given in accordance with the provisions of this Act or the rules of the friendly society, or any proceeding at such a meeting, is not invalidated merely because of the accidental omission to give notice of the meeting or the non-receipt by any person of notice of the meeting, unless the Court, on the application of the person concerned, a person

154 Friendly Societies Act 1991 entitled to attend the meeting or the Registrar, declares proceedings at the meeting to be void. (4) Subject to the following provisions of this section and without limiting the generality of any other provision of this Act, the Court may, on application by any interested person, make all or any of the following orders, either unconditionally or subject to such conditions as the Court imposes— (a) an order declaring that any act, matter or thing purporting to have been done, or any proceeding purporting to have been instituted or taken, under this Act or in relation to a friendly society is not invalid because of any contravention of a provision of this Act or a provision of the rules of the society; (b) an order directing the rectification of any register kept by the Registrar under this Act; (c) an order relieving a person in whole or in part from any civil liability in respect of a contravention of a kind referred to in paragraph (a); (d) an order extending the period for doing any act, matter or thing or instituting or taking any proceeding under this Act or in relation to a friendly society (including an order extending a period where the period concerned expired before the application for the order was made) or abridging the period for doing such an act, matter or thing or instituting or taking such a proceeding; and may make such consequential or ancillary orders as the Court thinks fit. (5) An order may be made under subsection (4)(a) or (c) despite the fact that the contravention referred to in the paragraph concerned resulted in the commission of an offence. (6) The Court must not make an order under this section unless it is satisfied— (a) in the case of an order referred to in subsection (4)(a)— (i) that the act, matter or thing, or the proceeding, referred to in that paragraph is essentially of a procedural nature; or (ii) that the person or persons concerned in or party to the contravention or failure acted honestly; or

155 Friendly Societies Act 1991 (iii) that it is in the public interest that the order be made; and (b) in the case of an order referred to in subsection (4)(c)—that the person subject to the civil liability concerned acted honestly; and (c) in every case—that no substantial injustice has been or is likely to be caused to any person. ˙ Power of Registrar to intervene in proceedings 12.18(1) The Registrar may intervene in any proceeding relating to a matter arising under this Act. (2) Where the Registrar intervenes in a proceeding referred to in subsection (1), the Registrar is taken to be a party to the proceeding and has all the rights, duties and liabilities of such a party. ˙ Review of decision by Registrar 12.19(1) A person affected by a decision of the Registrar under this Act may apply to the Registrar for a review of the decision. (2) On receiving an application for review of a decision, the Registrar must give the applicant a reasonable opportunity— (a) to make written representations to the Registrar; or (b) to appear before, and make representations to, the Registrar at a time and place to be arranged with the Registrar. (3) After considering any representations made by the applicant, the Registrar may confirm, vary or revoke the decision. (4) If the decision when made required the approval or consent of the Minister, the Registrar may not vary or revoke the decision without the approval or consent of the Minister. (5) An applicant for a review may appeal to the Court against the decision on the review made by the Registrar. (6) On an appeal the Court may confirm, vary or revoke the decision on the review and make such orders and give such directions as it thinks fit. Division 4—Miscellaneous

156 Friendly Societies Act 1991 ˙ Societies may impose penalties 12.20(1) A friendly society may by its rules impose penalties (not exceeding the prescribed amount) on a member for any contravention of the rules by the member and the penalties recovered must be applied in the manner directed by the rules. (2) The rules may provide— (a) that any such penalty be imposed— (i) by a meeting of the friendly society; or (ii) by any person or persons designated in the rules; and (b) for suspension of the member against whom the penalty is imposed from all benefits under the rules until the penalty is paid. ˙ Reciprocal arrangements 12.21(1) If a reciprocal arrangement with another State or a Territory is in force, the Registrar— (a) may, at the request of the appropriate official of the State or Territory, provide the official with information or documents relating to a friendly society; and (b) may request the appropriate official of the State or Territory to provide the Registrar with documents or information relating to an organisation that, under the arrangement, is an organisation corresponding to a friendly society. (2) In this section, a reference to a reciprocal arrangement with another State or a Territory is a reference to an arrangement made between the Minister and a representative of the government of the other State or the Territory under which it is agreed— (a) that the Registrar will comply with a request referred to in subsection (1)(a); and (b) that a request made by the Registrar to an official designated in the arrangement as the appropriate official for the purposes of subsection (1)(b) will be complied with.

157 Friendly Societies Act 1991 ˙ Disclosure of information 12.21A(1) If a person is acting for the Minister, the person may ask the Registrar for information about anything under this Act. (2) The Registrar must comply with the request. ˙ Exemption from stamp duty 12.22(1) The following do not attract duty under the Stamp Act 1894— (a) a draft, order or receipt for money contributed to or received from a fund of a friendly society under this Act or the society’s rules; (b) a bond given to or on account of a friendly society. (2) A cheque drawn by or on behalf of a friendly society must bear on its face the words ‘drawn under the Friendly Societies Act’. ˙ Rules of court 12.23(1) Such rules of court may be made as are necessary, desirable or convenient for regulating the procedure and practice of the Court for the purpose of giving full effect to any of the provisions of this Act. (2) Until such rules of court are made or in so far as such rules of court do not extend, the Court in respect of any matter before it under this Act may in the particular case give such directions as it considers fit, and the directions, according to their tenor, have the force and effect of rules of court. ˙ Regulations 12.24(1) The Governor in Council may make regulations under this Act. (1A) A regulation may provide for— (a) the registration and incorporation of friendly societies; and (b) procedures with respect to the doing of any act or thing under this Act; and (c) the functions of the Registrar; and (d) the inspection of any register or documents, relating to friendly

158 Friendly Societies Act 1991 societies, kept by the Registrar; and (e) forms to be used for the purposes of this Act; and (f) the form of, and the matters to be provided for in, the rules of friendly societies; and (g) fees to be paid in connection with the administration of this Act; and (h) the furnishing of returns, statements and information to the Registrar and the times and mode of such furnishing; and (i) all matters required or permitted by this Act to be prescribed where such matters are to be or may be prescribed by the regulations or where the manner of prescription is not otherwise provided; and (j) all matters that may be convenient for the administration of this Act or that may be necessary or expedient to achieve the objects and purposes of this Act. (2) A regulation may require that a form to be used for the purposes of this Act be a form approved by the Registrar. (3) A regulation may create an offence punishable by a penalty not exceeding 20 penalty units including where a friendly society contravenes a regulation, an offence by an officer of the friendly society or another person who is in default. (4) Where there is inconsistency between any regulation made under this Act and a rule of a friendly society, the regulation prevails and the rule, to the extent of the inconsistency, does not apply. PART 12A—TRANSFER OF INCORPORATION OF CERTAIN FRIENDLY SOCIETIES TO ASSOCIATIONS INCORPORATION ACT 1981

159 Friendly Societies Act 1991 ˙ Application of Part 12A.1(1) This Part applies to a friendly society that does not provide a benefit or keep a benefit fund. (2) However, this Part does not apply to a friendly society if— (a) there is a charge required to be registered under this Act over any of the society’s property; or (b) a direction by the Registrar for the society to transfer its engagements to another friendly society is in force; or (c) an administrator has been appointed and is conducting the society’s affairs; or (d) a direction by the Registrar for the society to suspend its operations is in force; or (e) the society is being wound-up; or (f) an application to wind-up the society has been made but has not been dealt with; or (g) the society is being dissolved; or (h) a receiver, or a receiver and manager, has been appointed and is acting for the society; or (i) the society has entered into a compromise or arrangement with its creditors but the administration of the compromise or arrangement has not been concluded; or (j) an application has been made to a court for approval of a compromise or arrangement by the society with creditors but the court has not dealt with the application. ˙ Special resolution to transfer incorporation 12A.2(1) An eligible friendly society may, by special resolution, decide to transfer its incorporation to the Associations Act. (2) If relevant, the society must also resolve— (a) to change the society’s name to a name that is not an undesirable name under the Associations Act; and

160 Friendly Societies Act 1991 (b) to change the society’s rules to comply with the Associations Act. (3) The special resolution takes effect on the incorporation of the society as an incorporated association under the Associations Act. (4) Section 4.23(3) (Special resolution) of this Act does not apply to a special resolution made under this section. ˙ Eligible friendly society may apply for Registrar’s certificate 12A.3(1) An eligible friendly society that has decided, by special resolution, to transfer its incorporation to the Associations Act may, within 14 days after the making of the resolution, apply to the Registrar for the Registrar’s consent to the transfer. (2) The application must be in the form approved by the Registrar. (3) The application must be accompanied by— (a) a copy of the special resolution; and (b) a statutory declaration by the society’s directors stating the society is an eligible friendly society. (4) The Registrar may require the society to give the Registrar further information about the application. ˙ Certificate of consent to transfer of incorporation 12A.4(1) If, after considering the application by an eligible friendly society, the Registrar is satisfied about the matters mentioned in subsection (2), the Registrar must promptly issue a certificate consenting to the society transferring its incorporation to the Associations Act. (2) The matters about which the Registrar must be satisfied are— (a) the society is an eligible friendly society; and (b) the society has decided by special resolution to transfer its incorporation to the Associations Act; and (c) there are reasonable grounds for believing the society will, if its incorporation is transferred to the Associations Act, be able to comply with that Act.

161 Friendly Societies Act 1991 (3) The certificate must also state the Registrar is satisfied about the matters mentioned in subsection (2). (4) The Registrar must promptly give the certificate to the society. (5) The certificate remains in force for 30 days. (6) The Registrar may accept a statutory declaration of the society’s directors as sufficient evidence that the society is an eligible friendly society. ˙ False or misleading information 12A.5(1) A person must not, for this Part— (a) state anything to the Registrar that the person knows is false or misleading in a material particular; or (b) omit from a statement made to the Registrar anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—10 penalty units. (2) A complaint against a person for an offence against subsection (1)(a) or (b) is sufficient if it states the statement made was false or misleading to the person’s knowledge. ˙ False, misleading or incomplete documents 12A.6(1) A person must not, for this Part, give the Registrar a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—10 penalty units. (2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the Registrar, to the best of the person’s ability, how it is false, misleading or incomplete; and (b) gives the correct information to the Registrar if the person has, or can reasonably obtain, the correct information. (3) A complaint against a person for an offence against subsection (1) is

162 Friendly Societies Act 1991 sufficient if it states the document was false, misleading or incomplete to the person’s knowledge. ˙ When transfer of incorporation takes place 12A.7(1) The transfer of incorporation of an eligible friendly society 4 takes effect on the issue of a certificate of incorporation for the society under the Associations Act. (2) The society is no longer a friendly society when the transfer takes effect. ˙ Eligible friendly society must surrender its certificate of incorporation 12A.8 Within 30 days of the transfer of incorporation taking effect, the former friendly society must either— (a) surrender its certificate of incorporation under this Act to the Registrar for cancellation; or (b) if the certificate of incorporation has been lost or destroyed—give the Registrar a certificate stating the certificate has been lost or destroyed. Maximum penalty—2 penalty units. ˙ Cancellation of registration and certificate of incorporation under this Act 12A.9 On receiving a copy of the certificate of incorporation under the Associations Act for the former friendly society, the Registrar must— (a) cancel both the registration of the society, and its certificate of incorporation, under this Act; and (b) give all records about the society to the chief executive of the department within which the Associations Act is administered. 4 For the effect of the friendly society becoming incorporated as an incorporated association, see Part 7A of the Associations Act.

163 Friendly Societies Act 1991 PART 13—TRANSITIONAL PROVISIONS Division 2—Provisions consequent on enactment of this Act ˙ Definitions 13.2 In this Division— “continuing society” means the corporation that, in accordance with section 13.3, is a continuation of a former society. “former Act” means the Friendly Societies Act 1913 . “former society” means— (a) a friendly society, social society, benevolent society, cattle insurance society, house society or special purpose society that, immediately before the repeal of the former Act, was registered under the former Act; and (b) the branches (if any) of the society. “trustees” , in relation to a former society, means the trustees (including branch trustees) of the former society holding office under the former Act before its repeal. ˙ Dissolution of former society and incorporation of continuing society 13.3(1) On the repeal of the former Act, a former society is dissolved and there is constituted by this Act in its place a corporation that is a continuation of the former society. (2) The Registrar must, as soon as possible, issue a continuing society with a certificate of incorporation. (3) The corporate name of a continuing society is— (a) the same as the name registered under the former Act as the name of the former society if that name includes the words ‘Friendly Society’; or (b) in any other case, a name that includes the words ‘Friendly Society’ (unless the Registrar has exempted, or is proposing to

164 Friendly Societies Act 1991 exempt, the society from compliance with section 3.5(1)) and is specified in the certificate of incorporation issued under this section. ˙ Members, assets, rights and liabilities of continuing society 13.4(1) On the dissolution of a former society and the incorporation of the continuing society— (a) the rules of the former society become the rules of the continuing society; and (b) the members of the former society become the members of the continuing society; and (c) the assets vested in the trustees of the former society as trustees become assets of the continuing society without the need for a conveyance, transfer, assignment or other assurance; and (d) the rights and liabilities of the trustees of the former society as trustees become rights and liabilities of the continuing society; and (e) the obligations of the trustees of the former society as trustees become obligations of the continuing society; and (f) proceedings before a court or tribunal by or against the trustees of the former society as trustees that, immediately before the incorporation of the continuing society, were pending or in the course of being heard become proceedings by or against the continuing society; and (g) to the extent to which an act, matter or thing done or omitted to be done on behalf of the former society had any force or effect immediately before the incorporation of the continuing society, it becomes an act, matter or thing done or omitted to be done by the continuing society; and (h) the members of the committee of management of the former society become, and are taken to have consented in writing to become, directors of the continuing society and hold office as such until directors of the continuing society are elected in accordance with its rules; and (i) a reference in any instrument to the former society or to the

165 Friendly Societies Act 1991 trustees of the former society as trustees becomes a reference to the continuing society; and (j) time that had commenced to run in relation to the former society or its trustees as trustees becomes time that had commenced to run in relation to the continuing society. (2) The secretary of a continuing society must as soon as practicable after its incorporation lodge with the Registrar of Titles or any other person required by any Act or law to register, make or enter any note or memorial on or in respect of any instrument of title to land, as the case requires, a notice in writing in the prescribed form setting out in relation to any estate or interest in land held by any person in trust for or on behalf of the society or a branch of the society or its objects, such particulars and other matters as are prescribed. (3) In the case of any estate or interest in land vested in the society under subsection (1)(c)— (a) the Registrar of Titles, where the Land Title Act 1994 applies to that estate or interest; or (b) the person or authority charged with registering instruments of title to or dealings with that estate or interest, where that Act does not apply to it; has, upon lodgment of a notice under subsection (2) and without payment of any fee, power to— (c) make or cause to be made any necessary recordings in the appropriate register or other record of titles or dealings; and (d) do and execute all such acts, matters and things as may be necessary and proper; to record that vesting. (4) The vesting of property under this section and any instruments executed as a consequence of this section to give it effect do not attract duty under the Stamp Act 1894. ˙ Directors may act 13.5 The directors of a continuing society appointed by section 13.4(1)(h)

166 Friendly Societies Act 1991 may manage and control the business and operations of the society despite the fact that their number is not in accordance with section 4.3(1). ˙ Objects of continuing society 13.6 A continuing society may continue to have as an object of the society under this Act any object or purpose which it had as a former society. ˙ Transitional adoption of model rules 13.7(1) If regulations are made prescribing model rules of a friendly society, the board of a continuing society may adopt all or any of them as rules of the society pending their adoption by the society. (2) If within 9 months after the commencement of this section the rules of a continuing society are not in conformity with this Act the Registrar may by order in writing served on the society direct that its rules are the model rules referred to in subsection (1). (3) An order under subsection (2) has effect accordingly. ˙ Administration of continuing society 13.8(1) Where at the commencement of this section the affairs of a continuing society are being conducted by an administrator under the Friendly Societies (Duties and Functions of Registrar) Regulation 1991 those affairs are to continue to be conducted by an administrator and for that purpose— (a) the administrator is to be taken to have been validly appointed under Part 9, Division 1; and (b) the provisions of this Act relating to the conduct of the affairs of a friendly society by an administrator apply accordingly. (2) The person who is the administrator of a continuing society at the commencement of this section may resign that office by notice in writing given to the Minister and the Registrar under this Act may appoint another person as administrator to conduct the affairs of the society.

167 Friendly Societies Act 1991 ˙ Validation of regulations 13.9(1) To allay any doubt, it is declared that the Friendly Societies (Duties and Functions of Registrar) Regulation 1991 (the “regulations” ) published in the Gazette on 14 January 1991 at pages 97 to 109 inclusive are and always have been valid and effectual. (2) The regulations are to be read and construed as if the following definition were, and had since the commencement of the regulations been, inserted in section 1.02 of the regulation after the definition “meeting” — “property” , in relation to a society, includes all funds of the society howsoever obtained or held by it. ˙ Operation of dispensary 13.10 A continuing society that immediately before the commencement of this section had as an object of the society the supplying of medical requisites or dispensing medicine to members, their husbands, wives, widows, parents, children or kindred is, for the purpose of section 2.2(3), to be taken to have as an object of the society the provision of health and welfare facilities and services for members or their dependants. ˙ Prosecution of offences under former Act 13.11 For the purpose of prosecuting any offences under the former Act, a reference in that Act to the Registrar of Friendly Societies is taken to be a reference to the Registrar under this Act. Division 3—Provisions consequent on enactment of Treasury and OtherLegislation Amendment Act 1994 ˙ Under hand of Registrar 13.12 If a provision of this Act allows or requires anything to be under the hand of the Registrar, it is sufficient if the thing is— (a) under the seal of the Queensland Office of Financial Supervision ( “QOFS” ); or (b) signed by a delegate of QOFS.

168 Friendly Societies Act 1991 ˙ Documents 13.13(1) This section applies to a certificate or another document about a friendly society issued or given by the Registrar under this Act before the commencement of this section. (2) The certificate or document, as in force at any time before the commencement of this section, has effect as if it were a certificate or document issued or given by QOFS as Registrar. ˙ Transitional regulations 13.14(1) A regulation may make provision about anything for which— (a) it is necessary or convenient to make provision because of— (i) an eligible friendly society applying to become an incorporated association; or (ii) QOFS becoming the Registrar; and (b) this Act does not make provision or sufficient provision. (2) A regulation under subsection (1) may be given retrospective operation to a date not earlier than 1 October 1994. (3) This section expires 1 year after it commences.

169 Friendly Societies Act 1991 ¡ SCHEDULE 2 RULES TO BE MADE FOR FRIENDLY SOCIETY section 3.14(1) Name and address 1. The name of the friendly society and the address of its registered office. Objects 2. The objects of the friendly society. Funds and investments 3. The methods of raising funds and making investments. Management of funds 4. The management of funds of the friendly society, including the drawing and signing of cheques, drafts, bills of exchange, promissory notes and other negotiable instruments for and on behalf of the friendly society. Admission of members 5. The method and conditions of admission of members and the payment to be made or the interest to be acquired before rights of membership may be exercised. Cessation of membership 6. The circumstances in which membership ceases.

170 Friendly Societies Act 1991 Directors 7. The number of directors, the qualifications of directors, the manner of appointing or electing them and matters relating to their remuneration, removal and replacement. Functions and meetings of directors 8. The functions of directors, the notice to be given of a meeting of the directors, the quorum for the meeting and the procedure at the meeting. Chairperson 9. The election and functions of the chairperson for a meeting of the directors. General meetings 10. The intervals between general meetings of the friendly society, the manner of calling special and general meetings, the required notices of meetings and the quorum for meetings. Procedure at general meetings 11. The procedure at meetings of the friendly society, including the rights of members in voting at meetings and the majority that is necessary for carrying resolutions. Charges payable by members 12. The charges that are payable by a member to the friendly society in respect of membership including, but without being limited to, any charges on admission to membership or for working expenses. Settlement of disputes 13. The manner of settling disputes between the friendly society and any of its members or any person who claims by or through a member under the rules.

171 Friendly Societies Act 1991 Rules 14. The manner of altering or revoking rules of the friendly society and the manner of adding to the rules. Seal 15. The custody and use of the seal of the friendly society.

172 Friendly Societies Act 1991 ENDNOTES ´ 1 Index to Endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 3 Table of previous reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 4 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 7 Table of changed titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 8 Table of changed citations and remade laws . . . . . . . . . . . . . . . . . . . . . . . . . . 178 9 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 10 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 November 1994 Future amendments of the Friendly Societies Act 1991 may be made in accordance with this reprint under the Reprints Act 1992, section 49. ´ 3 Table of previous reprints Reprint No. Amendments included Reprint date 1 to Act No. 12 of 1992 1 September 1992 ´ 4 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of Table Table of corrected minor errors Table of renumbered provisions Reprint No. 1 1

173 Friendly Societies Act 1991 ´ 5 List of legislation Friendly Societies Act 1991 No. 38 date of assent 12 June 1991 ss 1.1–1.2 and 13.9 commenced on date of assent s 3.10 not yet proclaimed into force ss 6.2–6.7 commenced 1 January 1992 (1991 SL No. 220) remaining provisions commenced 1 August 1991 (1991 SL No. 32) as amended by— Queensland Office of Financial Supervision Act 1992 No. 12 s 66 Sch date of assent 6 May 1992 commenced 29 May 1992 (1992 SL No. 109) Statute Law (Miscellaneous Provisions) Act (No. 2) 1993 No. 76 s 3 Sch 1 date of assent 14 December 1993 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1994 No. 15 s 3 Sch 1 date of assent 10 May 1994 commenced on date of assent Treasury and Other Legislation Amendment Act 1994 No. 48 Pts 1, 4 date of assent 14 September 1994 ss 1–2 commenced on date of assent remaining provisions commenced 1 October 1994 (see s 2(3))

174 Friendly Societies Act 1991 ´ 6 List of annotations Key to abbreviations in list of annotations amd Ch cl def Div exp hdg ins om prec pres prev (prev) prov Pt RA R1 renum Sdiv sub = = = = = = = = = = = = = = = = = = = = amended Chapter clause definition Division expires/expired heading inserted omitted preceding present previous previously provision Part Reprints Act 1992 Reprint No. 1 renumbered Subdivision substituted Provisions not included in reprint, or amended by amendments not included in reprint, are underlined Definitions 1.3 amd 1994 No. 48 s 16(4) def “Associations Act” ins 1994 No. 48 s 16(2) def “bank” om 1994 No. 48 s 16(1) def “corporation” amd 1994 No. 48 s 16(3) def “document” om 1994 No. 48 s 16(1) def “eligible friendly society” ins 1994 No. 48 s 16(2) def “property” om 1994 No. 48 s 16(1) def “Registrar” om 1994 No. 48 s 16(1) ins 1994 No. 48 s 16(2) Certain words to be included in name 3.5 amd 1994 No. 48 s 17 Prohibition by Registrar against acting as director 4.12 amd 1992 No. 12 s 66 Sch Registrar 8.1 amd 1994 No. 48 s 48 s 18 Delegation of Registrar’s powers 8.2 sub 1994 No. 48 s 19 Secrecy 8.11 amd 1994 No. 48 s 20 Appointment and functions of inspection 8.13 amd 1994 No. 48 s 21

175 Friendly Societies Act 1991 Definitions 8.14 amd 1994 No. 48 s 22 Costs of inquiry 8.25 amd 1994 No. 48 s 23 Division 5—Supervision Fund and levy Pt 8 Div hdg ins 1994 No. 48 s 24 Friendly Societies Supervision Fund 8.34 ins 1994 No. 48 s 24 Supervision levy 8.35 ins 1994 No. 48 s 24 Consultation 8.36 ins 1994 No. 48 s 24 Failure to make payment an offence 8.37 ins 1994 No. 48 s 24 Protection against liability 9.3 amd 1994 No. 48 s 25 Winding-up of friendly society 10.2 amd 1994 No. 15 s 3 Sch 1 Disposal of surplus on winding-up 10.4 sub 1993 No. 76 s 3 Sch 1 Disclosure of information 12.21A ins 1994 No. 48 s 26 Regulations 12.24 amd 1994 No. 48 s 27 Repeal of Acts s 12.25 om R1 (see RA s 40) PART 12A—TRANSFER OF INCORPORATION OF CERTAIN FRIENDLY SOCIETIES TO ASSOCIATIONS INCORPORATION ACT 1981 Pt 12A hdg ins 1994 No. 48 s 28 Application of Part s 12A.1 ins 1994 No. 48 s 28 Special resolution to transfer incorporation s 12A.2 ins 1994 No. 48 s 28 Eligible friendly society may apply to Registrar’s certificate s 12A.3 ins 1994 No. 48 s 28 Certificate of consent to transfer of incorporation s 12A.4 ins 1994 No. 48 s 28 False or misleading information s 12A.5 ins 1994 No. 48 s 28

176 Friendly Societies Act 1991 False, misleading or incomplete documents s 12A.6 ins 1994 No. 48 s 28 When transfer of incorporation takes place s 12A.7 ins 1994 No. 48 s 28 Eligible friendly society must surrender its certificate of incorporation s 12A.8 ins 1994 No. 48 s 28 Cancellation of registration and certificate of incorporation under this Act s 12A.9 ins 1994 No. 48 s 28 Division 1—Preliminary Pt 13 Div 1 hdg om 1994 No. 48 s 29 Regulations s 13.1 amd R1 (see RA s 39) om 1994 No. 48 s 29 Division 3—Provisions consequent on enactment of TreasuryandOtherLegislation Amendment Act 1994 Pt 13 Div hdg ins 1994 No. 48 s 30 Under hand of Registrar s 13.12 ins 1994 No. 48 s 30 Documents s 13.13 ins 1994 No. 48 s 30 Transitional regulations s 13.14 ins 1994 No. 48 s 30 exp 1 October 1995 (see s 13.14(3)) SCHEDULE 1 Sch 1 om R1 (see RA s 40) ´ 7 Table of changed names and titles TABLE OF CHANGED NAMES AND TITLES under the Reprints Act 1992 ss 23 and 23A Old New Reference provision Registrar (of Dealings) Registrar (of Titles) Lands Legislation Amendment Act 1991 s 119(b)

177 Friendly Societies Act 1991 ´ 8 Table changed citations and remade laws TABLE OF CHANGED CITATIONS AND REMADE LAWS under the Reprints Act 1992 ss 21A and 22 Old New Reference provision Real Property Act 1861 Land Title Act 1994 Land Title Act 1994 s 191 ´ 9 Table of obsolete and redundant provisions TABLE OF OBSOLETE AND REDUNDANT PROVISIONS under the Reprints Act 1992 s 39 Omitted provision Provision making omitted provision obsolete/redundant references to Queensland implied penalty provision permitting fine or imprisonment permits both Acts Interpretation Act 1954 s 35 Penalties and SentencesAct 1992 s 180A ´ 10 Table of corrected minor errors Section TABLE OF CORRECTED MINOR ERRORS under section 44 of the Reprints Act 1992 Description s 11.2(9) omit ‘11.3’, ins ‘11.3(1)’