Friendly Societies Act Amendment Act 1974 (Qld)

265 ()tttVitsIzII ft"r ANNO VICESIMO TERTIO ELIZABETHAE SE.CUNDAE REGINAE No. 24 of 1974 An Act to amend the Friendly Societies Act 1913- 1970 in certain particulars [ASSENTED TO 24TH APRIL, 1974] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Friendly Societies Act Amendment Act 1974. (2) The Friendly Societies Act 1913-1970 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Friendly Societies Act 1913-1974. 2. Commencement . This Act shall commence on a date appointed by Proclamation. .

266 Friendly Societies Act Amendment Act 1974, No. 24 3. Amendment of s. 2 . Section 2 of the Principal Act is amended by, in the definition " Friendly Societies ", inserting after subparagraph (1) the following subparagraphs:- 11 (m) Dental attendance or treatment, or the sale or supply of false teeth or other dental devices or requisites; (n) Optical services or treatment, or the sale or supply of spectacles or other optical appliances; (o) Physiotherapeutic, chiropodical or speech therapeutic treatment; (p) Home nursing; (q) Sale or supply of hearing aids, artificial limbs or surgical appliances of any kind; (r) Establishment, management and maintenance of homes of any kind for the accommodation, relief or care of aged or distressed members or widows of deceased members on land acquired for that purpose by purchase or gift, or by grant from the Crown; (s) Establishment, management and maintenance of holiday accommodation of any kind and facilities in connexion therewith for use by members and dependants of members on land acquired for that purpose by purchase or gift, or by grant from the Crown ". 4. Amendment of s. 8. Section 8 of the Principal Act is amended by, in subsection (2), in paragraph (a)- (a) omitting the words " six hundred and twenty-four " where they occur in subparagraph (i) and substituting the words " one thousand two hundred "; (b) adding the following subparagraph:- 11 (v) an amount being the refund of premiums paid in a case referred to in subparagraph (i) or (ii), if, in the case of- (A) a contract to which subparagraph (i) refers providing for an annuity of an amount greater than $50 per annum commencing to accrue on the death of the person with whom the contract is made; (B) a contract to which subparagraph (ii) refers providing for a gross sum benefit greater than $500, the person with whom the contract is made commits suicide within one year after the date of commencement of the contract ". 5. Amendment of s. 8A. Section 8A of the Principal Act is amended by- (a) in subsection (3), (i) omitting subparagraph (b) and substituting the following subparagraph:- (b) the number of. members of the group who participate in the scheme for the benefit shall be not less than seven;";

Friendly Societies Act Amendment Act 1974. No. 24 267 (ii) omitting subparagraph (c) and substituting the following subparagraph:- (c) the friendly society shall contract to provide the benefit in respect of sickness commencing during a period not exceeding one year at a time;"; (b) omitting subsection (5) and substituting the following subsection:- (55)) In this section the term " group " means- (a) a body of persons associated as officers, members or employees of any body corporate or unincorporate, business, trade union, 'association, club or person; or (b) a body of persons, or body of persons of a class of bodies of persons, declared by the Governor in Council (who is hereby thereunto authorized) by Order in Council to be a group for the purposes of this section.". 6. Amendment of s. 9. Section 9 of the Principal Act is amended by omitting the.words "a fee of fifteen dollars" and substituting the words " the prescribed fee ". 7. Amendment of s. 13. Section 13 of the Principal Act is amended by, in subsection (1), omitting the second and third paragraphs and substituting the following paragraph:- " For that purpose copies of any amendment signed by three members of the society and the secretary shall be sent to the Registrar accompanied by the prescribed fee and that fee shall be paid to the certifying barrister for his own use.". 8. Amendment of s. 22. Section 22 of the Principal Act is amended by, in subsection (1), inserting after the words " any society or branch " the words " or within such extended period not exceeding two months as the Registrar in a particular case determines ". 9. Amendment of s. 29. Section 29 of the Principal Act is amended by- (a) in subsection (4), omitting the word " one-half " where it occurs in subparagraph (c) of provision (i) and substituting the words three-fourths "; (b) adding the following subsection:- " (5) A society or branch that resolves to deal with land or a building in any manner authorized by subsection (1) shall give to the Registrar notice in writing of that resolution within one month after the date on which the resolution was passed. The Registrar may, in writing, require a society or branch that gives notice under this subsection to furnish to him in writing within the time specified by him such particulars of the proposed dealing as the Registrar specifies.". 10. Amendment of s. 36. Section 36 of the Principal Act is amended by omitting the second paragraph and substituting the following paragraph:- "A society may, by special resolution, transfer its engagements or any one or more of them to any other society and that other society may by alike resolution undertake to fulfil any engagement so transferred to it.".

268 Friendir Societies Act Amendment Act 1974, No. 24 11. New s. 41A. The Principal Act is amended by inserting after section 41 the following section:- " 41A. Control and management of bank accounts of society or branch . (1) Where it appears to the Registrar that any officer or employee of a society or branch, in the course of his employment, or any agent thereof or any other person having the apparent charge or control for the time being of the office or business of a society or branch, has or may have misappropriated, is misappropriating or is likely to misappropriate money the property of the society or branch or money held in trust on behalf of any person by the society or branch, or where action to cancel the registry of a society has been initiated pursuant to section 42, the Registrar may forthwith serve notice in writing on the secretary or other officer of the society or branch and the manager or principal officer of any office or branch of a bank where the society or branch has an account, that no money shall thenceforth be drawn from any one or more accounts in the name of the society or branch, specified by the Registrar, without the Registrar's approval. (2) A notice served under subsection (1) shall be signed by the Registrar and shall state that the Registrar requires any account specified therein to be operated under his control and a copy of the notice shall be served on every person authorized to operate on any account specified in the notice. (3) Upon service of a notice served under subsection (1) on the manager or other principal officer of the office or branch of a bank, as the case may be, and until that notice ceases to be effective, no payment shall be made by the bank on any cheque or other instrument drawn on any account specified in the notice unless it bears (as well as the signatures of persons authorized to operate on that account) the signature of the Registrar or of a person thereunto authorized by him (it being hereby declared that the Registrar may in writing so authorize any of his officers or agents). (4) If more persons than one authorized to operate on an account specified. in the notice served under subsection (1) are unwilling or unable from any cause to operate thereon in conjunction with the Registrar or person thereunto authorized by the Registrar, the Registrar or, with his consent in writing, that authorized person may thereupon operate on any such account alone. (5) A statutory declaration made by the Registrar or person authorized by him under subsection (3) and subscribed under The Oaths Acts 1867 to 1960 to the effect that persons authorized to operate on any account are unwilling or unable from any cause to operate thereon in conjunction with the Registrar or person authorized by the Registrar shall be sufficient evidence to the bankers of the society or branch of that fact. (6) Upon service of a notice served under subsection (1) on the secretary or other officer of the society or branch concerned and until that notice ceases to be effective, any person authorized to sign cheques or other instruments on behalf of that society or branch shall not sign any cheque or other instrument drawn on any account specified in the notice unless the cheque or other instrument has been first signed by the Registrar or person thereunto authorized by the Registrar.

Friendly Societies Act Amendment Act 1974, No. 24 269 (7) Any secretary or other officer of a society or branch or any person authorized to operate on any account of a society or branch or the manager or principal officer or other officer of a bank who knowingly contravenes or fails to comply with the provisions of this section is guilty of an offence against this Act and liable to a penalty of $500. (8) A branch or society in respect of whose account or accounts a notice is served under subsection (1) may appeal to the Supreme Court and that Court may make such order in the matter as it thinks fit. (9) A notice served under subsection (1) shall cease to be effective- (a) if the Registrar rescinds the notice, on the date when it is so rescinded (and it is hereby declared that any such notice may be rescinded by the Registrar); or (b) if the Supreme Court on appeal orders that the notice cease to be effective, on the date specified by that Court as the date on which the notice shall cease to be effective, or if no date is specified, on the date of the order. (10) In every case in which a notice ceases to be effective, the Registrar shall, as soon as practicable, serve on all persons who have been served therewith a further notice in writing that such notice has ceased to be effective. (11) A notice or further notice required by this section to be served upon any person may be served- (a) by delivering it to such person; (b) by sending. it by registered post to such person at his usual place of abode or business or at his place of abode or business last known to the Registrar. (12) No bank, and no manager or principal officer of a bank shall incur any civil liability whatsoever to any person for dishonouring or refusing or failing to make payment of a cheque or other instrument that is drawn on an account in. respect of which the Registrar has served a notice under -subsection (1) and not signed by the Registrar or a person thereunto authorized by the Registrar, if such dishonour or refusal or failure to make payment occurs before the manager or other principal officer who was served with the notice is served by the Registrar with a further notice in writing that such notice has ceased to be effective. (13) No act, matter or thing done or undertaken or omitted to be done or undertaken by the Registrar or person authorized by him, in good faith in the exercise or purported exercise of his powers under this section, shall subject the Registrar or person authorized by him under subsection (3) to operate on any account to any liability whatsoever in respect thereof and the proof of any allegation of the absence of good faith on the part of-the Registrar or person authorized by him under subsection (3) to operate on any account shall be upon the person making that allegation.". 12. Amendment of s. 42. Section 42 of the Principal Act is amended by adding at the end thereof the following paragraphs:- " Upon the cancellation of the registry of a society pursuant to this section (other than a cancellation at the request of a society) all money standing to the credit of any fund of the

270 Friendly Societies Act Amendment Act 1974, No. 24 society or any branch thereof shall vest in the Registrar and, where the case requires it, divest from the trustees by whom that money was held immediately before the cancellation. The Registrar shall apply money that vests in him pursuant to this section and dispose thereof- (a) in a case where the rules of the society whose registry has been so cancelled provide for the application and disposal of money standing to the credit of its funds or the funds of any of its branches upon such a cancellation, in accordance with those rules; (b) in a case to which subparagraph (a) is not applicable, as the Attorney-General directs.". 13. Amendment of s. 50 .. Section 50 of the Principal Act is amended by- (a) in subsection (2), omitting the words ", or which the Attorney- General, by writing under his hand, exempts from the operation of this section "; (b) inserting after subsection (4) the following subsection:- " (5) Notwithstanding this Act, a society or branch that was exempted from the operation of this section at the date of commencement of the Friendly Societies Act Amendment Act 1974- (a) shall on and from that date cease to be so exempted and the certificate of exemption given by the Attorney- General in respect thereof shall thereupon be of no force and effect ; (b) may at any time within three months after that date or within such extended period as the Registrar in a particular case determines, apply for registration under this. Act and the provisions of this Act shall apply and extend accordingly. (6) A society or branch referred to in subsection (5) that becomes registered under this Act may, notwithstanding any provision of this Act, continue to hold investments held by it immediately before becoming so registered and may, notwithstanding any provision of this Act, exercise options and rights had by it by reason of its holding those investments and the power conferred on trustees by Rule 8 of the Second Schedule shall, in respect of that society or branch, include power to invest the funds, or any part thereof, of the society or branch in the investments and manner required by such exercise and for the purpose of this Act all investments so held or made shall be taken to be in authorized securities while held by that society or branch.". 14. Repeal of s. 50A. The Principal Act is amended by repealing section 50A. 15. New s. 56A. The Principal Act is amended by inserting after section 56 the following section:- " 56A. False and misleading statements . A person shall not, for the purpose of inducing another person to enter into any arrangement with a friendly society, make a statement that he knows to be false in a material particular or that is misleading, in relation to- (a) the conditions of entry into that society;

Friendly Societies Act Amendment Act 1974, No. 24 271 (b) the services or benefits that will be provided by that society; or (c) the terms and conditions under which those services or benefits may be obtained from that society. Penalty: 5100.". 16. Amendment of Second Schedule. The Second Schedule to the Principal Act is amended by- (a) in rule 4, omitting the words " one dollar, or the actual cost of printing such copy, whichever is the less " where they occur in subparagraph (iii) and substituting the words " the actual cost of the printing thereof "; (b) in rule 8, inserting after subparagraph (el) the following subparagraph:- (e2) Where the society is a house society and the officers and employees of a body corporate comprise that society, in any stocks, shares or debentures of that body corporate;"; (c) in rule 10, omitting the words " one pound ",where they occur in subrule (6) and substituting the words " twenty dollars "; (d) in rule 17, in subrule (2), (i) omitting the word " one " where it occurs in subparagraph (b) and substituting the word " two "; (ii) omitting the word " one " where it occurs in subparagraph (c) and substituting the word " two "; (e) in rule 22, in subrule (1), omitting the words " four hundred where they occur in subparagraph (a) and substituting the words " one thousand "; (f) in rule 23, omitting the words " four hundred " and substituting the words " one thousand ". 17. Amendment of Third Schedule . The Third Schedule to the Principal Act is amended by- (a) in rule 4, in subrule (1), (i) omitting the word " four " where it occurs in subparagraph (a) and substituting the word " twenty "; (ii) omitting the word " four " where it occurs in subparagraph (b) and substituting the word " twenty "; (b) in rule 6, (i) in subrule (2), in paragraph (a), (A) omitting the word " person " where it occurs after the word " one " in subparagraph (ii), and substituting the word " agreement "; (B) omitting the words " person is " where they occur in subparagraph (ii), and substituting the words " where that agreement relates to "; (C) inserting at the end of subparagraph (ii) the following proviso:- Provided that the number of agreements that a person may enter into in respect of any one person shall in no case exceed the maximum number prescribed for the time being ";

272 , Friendly Societies Act Amendment Act 1974, No. 24 (ii) in subrule ( 3), adding the following paragraph:- " The limitations prescribed in subrule ( 2) with respect to a funeral benefit immediately prior to the date of commencement of the Friendly Societies Act Amendment Act 1974 shall continue to apply with respect to that benefit for which contributions were being paid immediately prior to the date of commencement of that Act."; (c) in rule 9, adding at the end of subrule ( 2) the following paragraph:- " Where the funeral of a contributor or other person for whom contributions are made is conducted by a funeral director other that the person concerned , the Board of Trustees shall, upon application as prescribed , pay out of The Fund, in the manner and to the persons prescribed, the value of the benefit provided by the person concerned.".