Friendly Societies Acts Amendment Act of 1940 (4 Geo Vi No. 26) (Qld)

17990 SOCIETIES. Friendly Societies Acts Amendment Act. 4 GEO. VI. No. 26, SOCIETIES. 4 N G o EO . 2 . 6 V . I. An Act to Amend" The Friendly Societies Acts, 1913 THE FRIENDLY to 1939," in certain particulars, and for SOCIETIES ACTS other purposes. AMENDMENT ACT OF 1940. [ASSENTED TO 28TH NOVEMBER, 1940.] Short title and con- struction. Collective title. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Friendly Societies Acts Amendment Act of 1940," and shall be read as one with *" The Friendly Societies Acts, 1913 to 1939," herein referred to as the Principal Act. The Principal Act and this Act may be collectively cited as " The Friendly Societies Acts, 1913 to 1940." Amendments of the Principal Act. Amendments 2. Section two of the Principal Act is amended as of s. 2. follows :_ (a) The definition "Companies Act" is repealed and the following new definitions are inserted in lieu thereof, namely:- CompaniesAct. " "Companies Act "-t" The Oompanies Act ?f 1931" and any Act amending or ill substitution for that Act; Contributor. "Contributor"-Any person who makes a payment or makes periodical contributions in the form of payments, by whatever name known, to another person in respect of sickness medical or funeral benefits provided or to be provided by such other person." Minister. (b) The following definition "Minister " is inserted after the definition" Member of a Society," namely:- "Minister" - The Attorney-General or other Minister of the Crown charged with the administration of this Act for the time being." * 4 Geo. V. No. 13 and amending Acts, 8upra, pages 5991 et 8eq. t 22 Geo. V. No. 53, supra, page 13433.

SOCIETIES. 17991 1940. Friendly Societie's Acts Amerlu:lment Act. (c) The following definition "Sickness medical or funeral benefit business " is inserted after the definition "Rules," namely:- " " Sickness medical or funeral benefit business" Sickness means- medical or funeral (a) Sickness benefit business (that is to say) ~ ~ ? fi! s. the provision for the relief or maintenance U ID in sickness or other infirmity bodily or mental of any contributor or other person for whom or on whose behalf a payment or contributions is or are made, or (b) Medical benefit business (that is to say) the provision (by means of any arrangement made by any person with any medical practitioner within the meaning of *" The Medical Act of 1939" or pharmaceutical chemist within the meaning of t"The Pharmacy Acts, 1917 to 1939") of medical attendance and medicines for any contributor or other person for whom or on whose behalf a payment or contributions is or are made, or (c) Funeral benefit business (that is to say) the provision for any contributor or other person for whom or on whose behalf a payment or contributions is or are made of funeral and burial or cremation services (with or without any other services or benefits connected therewith) or of the costs and expenses of such funeral and burial or cremation services or other such services or benefits connected therewith." 3. The following section numbered 20A is inserted New s. 20A. after section twenty of the Principal Act, namely:- "[20A.] The provisions set forth in the Third Rules as to Schedule to this Act governing the business, proceedings, business, and trust property of a person carrying on sickness : ~ ~ ~ o~ medical or funeral benefit business shall be observed." carrying on sickness medical or funeral benefit c-------------------------------------___ b~ in~ s. * 3 Geo. VI. No. 10, supra, page 17617. t 8 Geo. V. No. 11 and amending Acts, suprtl, pages 8320 et aeg.

17992 SOCIETIES. Friendly Societies Acts Amendment Act. 4 GEO. VI. No. 26, Amendment 4. The following subsection, numbered four, is of s. 25. added to section twenty-five of the Principal Act, namely:- "(4.) No person who is a relation by blood or marriage of or who is the employer or employee or a partner in business of the secretary or treasurer of any society or branch shall audit or attempt to audit the books and accounts of such society or branch. Any person who is guilty of an offence against this subsection shall be liable to a penalty of not more than one hundred pounds. It shall not be a defence to a charge of an offence against this subsection to prove that the offender holds a license as an auditor for the purposes of this Act." New B. 5OB. 5. The following section numbered 50B is inserted after section 50A of the Principal Act, namely :- Ce~ ain "[50B.] (1.) No person shall carry on any sickness ~ : : : : r! d medical or funeral benefit business at any time when he under this is not registered under this Act. Act. (2.) Any person who carries on any sickness medical or funeral benefit business at any time when he is not registered under this Act shall be liable to a penalty of not more than two hundred pounds and to a further daily penalty of not less than five pounds or more than twenty pounds for each and every day during which such offence is continued after a conviction therefor. (3.) A person may be registered under this Act to carry on sickness benefit business or medical benefit business or funeral benefit business or all or any two of such businesses. (4.) In this section, in the Third Schedule to this Act, and in any other provision of this Act relating to sickness medical or funeral benefit business the term "person" shall, unless the context otherwise indicates or requires, include any company, partnership, or firm and any body or association of persons (corporate or unincorporate) with the exception of- (i.) Any friendly society or house society; or

SOCIETIES. 17993 1940. Friendly Societies Acts Amendment Act. (ii.) Any person carrying on insurance business who under the *Insurance Acts 1932 of the Commonwealth has deposited money or approved securities with the Treasurer of the Commonwealth or is exempt from liability to make deposits under that Act by virtue of paragraph (b) of section eight thereof; or (iii.) Any trade union registered under tee The Trade Unions Act of 1915 "; or (iv.) Any association of employees registered as an organisation under the tCommonwealth ConciliationandArbitrationAct1904-1934 of the Commonwealth." 6. Section fifty-seven of the Principal Act iSAmendments renumbered subsection one of section fifty-seven, and of s. 57. is further amended by the addition thereto of the following subsections, namely:- "(2.) Subsection one of this section shall not apply or extend to any provision of this Act relating to sickness medical or funeral benefit business, but any person who contravenes or fails to comply with any such provision shall be guilty of an offence and liable, if no specific penalty is provided, to a penalty of not more than fifty pounds and, in addition, to a daily penalty of not more than twenty pounds for each and ,every day during which such offence is continued after a conviction therefor. (3.) If an offence against any provision of this Act relating to sickness medical or funeral benefit business is committed by a body corporate each of the following persons shall be deemed to commit such offence and shall be personally liable to the prescribed penalty (that is to say) :- (i.) Every director of such body corporate; (ii.) Any managing director, manager, or other governing officer, by whatever name called, of such body corporate; (iii.) The public officer of such body corporate." * No. 4, 1932 (Commonwealth). See Commonwealth Statutes, Vol. XXX., page 16. t 6 Geo. V. No. 31, supra, page 6909. t No. 13, 1904 (Commonwealth). See Commonwealth Statutes, Vol. XXIV., pages 171 et seq.

17994 SOCIETIES. Friendly Societies Acts Amendment Act. 4 GEO. VI. No. 26, Amendment 7. The following new paragraph numbered (v.) is of 8. 63 (1). inserted after paragraph (iv.) of subsection one of section sixty-three of the Principal Act, namely :- " (v.) With respect to sickness medical and funeral benefit business- (a) The registration of persons under this Act to carry on such business, (b) The payment of proportions of contributions into Benefits Trust Funds of persons registered under this Act to carry on such business, (c) The administration of Benefits Trust Funds by trustees, (d) Prescribing fees to be paid upon the registration of persons to carry on such! business, alterations to rules, the winding- up of such businesses by the Registrar and valuations by actuaries or valuers appointed under this Act, (e) The manner in which and the conditions under which persons carrying on such business may amalgamate or transfer their liabilities to other such persons, (f) Generally any matter or thing required or permitted to be prescribed or which is necessary or expedient to be prescribed for carrying the provisions of this Act relating to such business into effect." Amendment 8. In rule 21A of the Second Schedule to the Sofectohned Principal Act the words "a purpose for which such Schedule. benefit fund was established" are repealed and the words" the payment of benefits" are inserted in lieu of such repealed words. New Third Schedule. Registered office. 9. A Third Schedule is added to the Principal Act as follows:- "THIRD SCHEDULE. PROVISIONS GOVERNING THE BUSINESS, PROCEEDINGS, AND TRUST PROPERTY OF PERSONS CARRYING ON SICKNESS MEDICAL OR FUNERAL BENEFIT BUSINESS. 1. Every person carrying on sickness medical or funeral benefit business shall have a registered office to which all communications and notices may be addressed, and send to the Registrar notice of the situation, and of any change in the situation, of such office.

SOCIETIES. 17995 1940. Friendly Societies Acts Amendment Act. 2. Every person carrying on sickness medical or funeral benefit Furnishing business shall from time to time- information. (i.) Furnish to the Registrar such information as he may require; and (ii.) Comply with the requirements of the Registrar in relation to the books and forms of accounts kept or to be kept and the entries made or to be made therein, and the manner in which such entries are made or to be made therein. 3. (1.) Every person carrying on sickness medical or funeral Inspection benefit business shall allow the Registrar or any actuary, auditor, of books. valuer, or inspector appointed under this Act, or, with the approval of the Registrar, any contributor to inspect the books at all reasonable hours at the registered office or at any place where they are kept. (2.) The Registrar may at his discretion require the production of the books and/or documents and securities at his office or at any place appointed by him for inspection and examination by him or any other person authorised under his hand. (3.) The Registrar may at his discretion require the manager or other principal officer of any bank with which a person carrying on sickness medical or funeral benefit business or any trustee of the Benefits Trust Fund of such person has deposited any moneys, whether in his own account or in any general or separate trust account, to disclose every such account to the Registrar and to permit the Registrar to make and take away with him an extract from any book relating to or a copy of any such account. 4. (1.) Every person shall, before he is registered under this Act Security to to carry on sickness medical or funeral benefit business, deposit with be provided. the Treasurer, either- . (a) The sum of two thousand pounds to be invested by the Treasurer in debentures, stock, Treasury Bills, or securities of the Government of Queensland or the Commonwealth of Australia; or (b) Securities of the value of two thousand pounds, consisting of debentures, stock, Treasury Bills, or securities of the Government of Queensland or the Commonwealth of Australia. (2.. ) A person carrying on sickness medical or funeral benefit business may at any time deposit with the Treasurer any securities of any kind and to any amount besides and beyond the deposit hereinbefore prescribed, including any securities derived from the investment of any moneys standing to the credit of the Benefits Trust Fund. (3.) All moneys and securities for the time being deposited with the Treasurer under the provisions of this Act by any person shall be and remain as a security for the payment of the value of the benefits of all the contributors upon the winding-up of his sickness medical or funeral benefit business, and shall not be liable for any debts or contracts of such person other than to or with his contributors upon such winding-up until payment in full of the value of all such benefits has been made.

17996 SOCIETIES. Friend~ y Societies Acts Amendment Act. 4 GEO. VI. No. 26, (4.) In addition to the deposit referred to in sub-rule one of this rule, every person for the time being registered to carry on sickness medical or funeral benefit business shall deposit with the Treasurer a further sum of two hundred and fifty pounds in cash or securities of the kind referred to in paragraph (b) of sub-rule one of this rule for every twenty thousand pounds or part thereof by which the total amount of benefits payable to his contributors at the close of his last financial year exceeds twenty thousand pounds. Every such further deposit shall be made within a period of three months after it has become due under this sub-rule. In the case of a person who was carrying on sickness medical or funeral benefit business at the time of the passing of *" The Friendly Societies Acts Amendment Act of 1940," this subrule shall be read and construed with sub-rule one of this rule for the purpose of determining the deposit to be made with the Treasurer by such person before his registration under this Act. (5.) (a) Every person shall be entitled to receive all the income derived from investments of moneys deposited and from securities deposited by him under any of the provisions of this rule. (b) If any securities deposited as hereinbefore prescribed are while so deposited lost, stolen, destroyed, or damaged, the injury occasioned to all persons interested therein shall be made good out of moneys to be appropriated by Parliament for the purpose. (c) Any person may, upon giving to the Treasurer reasonable notice in that behalf, from time to time withdraw any securities deposited under the provisions of this rule other than securities forming part of the securities by this rule required to be deposited. (6.) In all matters relating to the value of securities deposited under the provisions of this rule the decision of the Treasurer shall be binding and conclusive. Application 5. (1.) Any person desirous of being registered to carry on furoenrgdiesrtrAatciot. n sRicekgnisetsrsar manedaipcapllicoartiofnuninerathl ebperneesfcitribbeudsifnoersms . may lodge with the Particulars to be stated in application. (2.) In every such application there shall be stated- (a) The name and place of office of the applicant; (b) The whole of the objects for which the applicant has established his sickness medical or funeral benefit business and particulars of the scheme by which benefits are to be provided; (c) The purposes for which the funds of the applicant are to be applicable; (d) If the applicant is not either an individual person or a registered firm, the name and address of the chairman and each of the other members of the governing body (if any) of the applicant and of the public officer of the applicant; (e) Particulars of the property and funds of the applicant; (j) A list of contributors to the applicant; (g) The names and addresses of three trustees appointed to administer the Benefits Trust Fund of the applicant; and (h) Such other particulars as are prescribed. * This Act.

SOCIETIES. 17997 1940. Friendly Societies Acts Amendment Act. (3.) Every such application shall- Applications (a) Be signed by the applicant or, if the applicant is a registered to ~e s~e~ firm, by each member thereof, or by the chairman of the an ve ea. governing body (if any) of the applicant and by the public officer (if any) of the applicant; and (b) Be verified by a statutory declaration of the applicant, or each member of the applicant firm, or such chairman and such officer. (4.) Every such application shall be accompanied by- Applications (a) A copy (verified by statutory declaration of the applicant!O c~ ~ pan' ed or the public officer) of the proposed rules relating to the b~ a venfled sickness medical or funeral benefit business of the applicant, copy of the and of the instrument creating the trust under which the rules, &c., trus~ ees are to administer the Benefits Trust Fund of the : ~ ~ arial applIcant; and report. (b) A report by an actuary or valuer appointed under this Act upon the scheme by which benefits are to be provided. 6. (1.) The rules relating to the sickness medical or funeral benefit Provisions business of any person registered under this Act to carry on such to be. ed busm· ess sha 11 conta'J? provI.sI.On.s m respect 0 f severa1 matters herem. - c in onrutalems. after set forth (that IS to say)- (a) The terms under which persons may become contributors, the scale and nature of benefits to be provided and the fines and forfeitures which may be imposed on contributors; (b) The extent to which benefits enure after contributions cease to be paid or, alternatively, the proportion of the amount of contributions already paid which will be refunded to a contributor who desires to discontinue further contributions; (c) The manner of making, altering, or rescinding rules; (d) The investment of the funds, the keeping of the accounts, and the audit of the same by a certificated accountant once a year at least; (e) The proportion of each contribution of a contributor which is to be paid to the trustees of the Benefits Trust Fund; (f) The inspection of the books of such person by any contributor or his legal personal representative; and (g) Such other matters as are prescribed. (2.) The rules relating to the sickness medical or funeral benefit Limitation business of any person registered under this Act to carry on such of amounts business shall provide that- (a) No benefit to be provI . ded by such person shall- of and persons for whom (i.) In the case of a sickness benefit-in respect of aony ~ me benefits person exceed an amount of forty shillings a week, p t o r b o t; V ded l . (ii.) In the case of a funeral benefit-in respect of anyone person exceed an amount of twenty-five pounds or the equivalent thereof in funeral and burial or cremation services or (where that person is a child under the age of ten years) exceed an amount of five pounds or the equivalent thereof in funeral and burial or cremation services ; and

17998 SOCIETIES. Friendly Societies Acts Amendment Act. 4 GEO. VI. No. 26, (b) No benefit shall be provided by such person for any persons other than contributors, their husbands, wives, children, or kindred or those dependants of contributors who are nominated by contributors when making the first contribution for benefits for such dependants. Limitations (3.) The limitations referred to in the last preceding subrule not t<;> B:pply shall not apply with respect to any benefit for which contributions to etxlsttmg were commenced before the passing of *" The Friendly Societies Acts con rac s. Amendment Act of 1940." Report of approved actuary. 7. The report by an actuary or valuer appointed under this Act accompanying an application by any person for registration to carry on sickness medical or funeral benefit business shall contain- (a) A statement of the proportion of each contribution by a contributor which is to be paid to the trustees of the Benefits Trust Fund of such person; (b) A statement that in the opinion of the actuary or valuer the proportion of such contributions to be paid to such trustees together with other moneys (if any) to be paid into the Benefits Trust Fund is adequate to provide the benefits to contributors and other persons for whom contributions are to be made provided for in the rules relating to the sickness medical or funeral benefit business of such person, and the information, calculations, and reasons upon which such opinion is based; and (c) Such other particulars as are prescribed. Registrar to 8. (1.) If the application by any person for registration under register this Act to carry on sickness medical and funeral benefit business, wpehresroen the rules relating to the sickness medical or funeral benefit business of compliance such person, and the report by the actuary or valuer as aforesaid in with. certain the opinion of the Registrar comply with the requirements of this r~ qUlrements Act and the regulations the Registrar shall register such person, but o Act. if in the opinion of the Registrar such requirements are not complied with the Registrar shall refuse to register such person. Appeal to (2.) If the Registrar refuses to register any person such person fMrerofiunmsisatlebr y tmoatyhewMithininisttehreapgraeisncsrtibsuedchtirmefeusaanldanind tthhee pderecsisciroinbeodf mthaenMneirniasptepreianl Registrar to the matter shall be final and conclusive. register. Proportion 9. (1.) The proportion of each contribution by a contributor of ea~ h. provided in the rules relating to the sickness medical or funeral benefit ~ ontrIbutlOn business of any person to be paid to the trustees shall be forthwith c~ ntributors paid by such person to the trustees and shall forthwith be paid by to be the trustees into the Commonwealth Bank or such other bank as the fo~ hwith Registrar shall approve to the credit of a trust fund (to be called the f: ~ t! Zs and "Benefits Trust Fund") of such person. placed by trustees to the credit of Benefits Trust Fund. * This Act.

SOCIETIES. 17999 1940. Friendly Societies Acts Amendment Act. (2.) The trustees may invest any moneys standing to the credit Investment of the Benefits Trust Fund in debentures, stock, Treasury Bills, or of trust other securities of the Government of Queensland or the Common- moneys. wealth of Australia, or with the approval of the Registrar first had and obtained, in any other manner provided by *" The Trustees and Executors Acts, 1897 to 1924," or in any other securities in which trustees are under that or any other Act authorised to invest trust "funds in their hands. (3.) The gross income derived from any such investment shall be !ncome from paid into the Benefits Trust Fund. mvestment. (4.) SUbject to this Act the money standing to the credit of the Application Benefits Trust Fund shall be applied only for or towards- fouf ntrdu. st (a) The provision of benefits for contributors or persons for whom or on whose behalf contributions have been made; and (b) Refunds to contributors, and such money shall not be liable to be taken in execution under the order or process of any court at the instance of any creditor (other than a contributor or his legal personal representative) of the person carrying on the sickness medical or funeral benefit business to which such fund relates. '(5.) The moneys in the Benefits Trust Fund shall be kept, Trust accounted for, and invested separately from all other moneys or funds moneys to be of the person concerned. faocrcoaunndted invested separately. 10. Notice in the prescribed form of every change in the office Notice of of public officer or of trustee of the Benefits Trust Fund of any person change of registered under this Act shall be lodged by such person with the pu~ lif officer Registrar within seven days after such change takes place. : ~ ~s to be lodged with Registrar. 11. BefOTe the first day of August in each year every person Annual registered under this Act or, in the case of a person registered under retu:ns to be t R heisg . IAScttrahra- ving a public officer, such public officer shall furnish to the f o b fy u f r ip m c s eu h r b . li~ c d (a) A general statement of the receipts and expenditure, funds, properties, and effects of such person as audited by a. certificated accountant approved by the Registrar- (i.) Made out for the period of twelve months ending on the thirtieth day of June immediately preceding, or, if the business has not been carried on during the whole of such twelve months, then for the lesser period during which the business has been carried on, (ii.) Showing separately the receipts and expenditure in respect of the several objects of such person in relation to his sickness medical or funeral benefit business, and * 61. Vic. No. 10 and amending Acts, BUpz'a, pages 3507 et 8eq.

18000 SOCIETIES. Friendly Societies Acts Amendment Act. 4 GEO. VI. No. 26, (iii.) Verified by a statutory declaration of such person or public officer ; (b) Duplicates of all balance-sheets issued by the person concerned during or in respect of the said period ; (c) A full report with respect to his audit by the certificated accountant who acted as auditor during the period to which the general statement referred to in paragraph (a) hereof relates; (d) Particulars with respect to- (i.) Persons who have become contributors during the said period of twelve months, (ii.) Contributors receiving benefits during such period and the benefits received by them respectively, (iii.) Persons who have ceased to be contributors during such period and the reasons therefor, and (iv.) Such other matters relating to the affairs of the person carrying on sickness medical or funeral benefit business as are prescribed. Quin. 12. (1.) Once at least in every five years as and when determined que~ by the Minister the assets and liabilities of the Benefits Trust Fund ~ f~: ! ~ ~ s of every person registe!ed under this Act to carry on sickness medical Trust Funds. or funeral benefit busmess shall be valued by an actuary or valuer appointed under this Act: Provided that the Minister, on the recommendation of the Registrar, may dispense with such a valuation for any such period in respect of any such person to whose purposes or to the nature of whose operations he deems such a valuation to be inapplicable or unnecessary for the time being. (2.) Every such person and the trustees of the Benefits Trust Fund of every such person shall make available to such actuary or valuer all such books, accounts, and documents as he may require for the purposes of the valuation. (3.) On the completion of the valuation the actuary or valuer shall send to the Registrar for transmission to the person concerned and the trustees of the said fund au abstract of the results of the valuation and a report thereon; Where assets (4.) If from such valuation it appears to the actuary or valuer insufficient making same that the assets of the said fund are insufficient to meet its ~ : : t~ : ~ s. liabilities he shall inform the Registrar and the Registrar shall notify the person concerned and the said trustees accordingly in writing pointing out- (a) The apparent cause and the nature and extent of the deficiency; and (b) The nature and extent of thtlchanges in the contributions or benefits or the manner of conducting the sickness medical or funeral benefit business that will be necessary in order that the assets of the said fund will be sufficient to meet its liabilities. (5.) Upon any person registered under this Act to carry on sickness medical or funeral benefit business or his public officer being so notified such person shall alter the rules relating to his sickness

SOCIETIES. 18001 1940. Friendly Societies Acts Amendment Act. medical or funeral benefit business forthwith so as to effect such changes in contributions or benefits or to make such changes in the manner of conducting such business as may be necessary in order that the assets of the said fund will be sufficient to meet its liabilities. (6.) If from his valuation it appears to the actuary or valuer Where appointed under this Act that the assets of the said fund are more assets than sufficient to meet its liabilities he shall inform the Registrar and more.than the Registrar shall notify the person concerned or his public officer suffi~ lent to and the said trustees accordingly in writing pointing out- ~: ~ilities. (a) The apparent cause and the nature and extent of the surplus; (b) The nature and extent of the changes in the contributions or benefits that will be necessary to enable the surplus to be reduced or eliminated. (7.) Upon such notification the person concerned shall alter the rules relating to the sickness medical or funeral benefit business carried on by him forthwith so as to effect such changes in the contributions or benefits: Provided that- (a) Such person may formulate a scheme for the reduction or elimination of such surplus by a distribution of portion thereof among the contributors and a transfer of the remaining portion thereof to any other funds of such person, but so that such remaining portion does not exceed ten per centum of the total amount to be so distributed and transferred; and (b) If the scheme is approved by the actuary or valuer appointed under this Act- (i.) The person concerned shall be deemed to have complied with the foregoing provisions of this subsection, and (ii.) The said trustees shall distribute portion of such surplus to contributors and pay the remaining portion to such person accordingly, and shall furnish the Registrar with particulars and the date of such distribution. 13. If within one month after being so notified any person Cancellation carrying on sickness medical or funeral benefit business does not so o.f registra- alter the rules relating to such business or make such changes in the tron of manner of conducting such business, as the case may be, the Registrar ~ ~~~ ~ure to shall cancel the registration of such person under this Act. alter rules or make changes in manner of conducting business. 14. The Registrar may cancel the registration of any person Power to by writing under his hand- Registrar to cancel (a) If he thinks fit at the request of such person to be evidenced registration. in such manner as he may from time to time direct; (b) Upon proof to his satisfaction that the registration of such person has been obtained by fraud or mistake or that such person exists for an illegal purpose or has wilfully and after notice from the Registrar violated any of the

18002 SOCIETIES. Friendly Societies Acts Amendment Act. 4 GEO. VI. No. 26, provisions of this Act or the regulations or the rules relating to his sickness medical or funeral benefit business or has ceased to exist or to carry on sickness medical or funeral benefit business. Provisions 15. (1.) The following provisions shall have effect with regard to applicabl~ to the cancellation of the registration of any person registered under this ~~ ncellatlon Act to carry on sickness medical or funeral benefit business : - registration. (a) Cancellation of the registration of any such person shall be notified by the Registrar by writing under his hand to such person or to his public officer, and such notice shall specify briefly the ground of the cancellation of the registration; (b) The provisions hereinbefore contained as to appeals from a refusal to register shall extend and apply to cancellation of registration by the Registrar; (c) Any person whose registration under this Act to carry on sickness medical or funeral benefit business has been cancelled shall thereupon absolutely cease to enjoy as such the privileges of a person so registered but without prejudice to any penal or other liability actually incurred by such person which may be enforced against him as if such cancellation had not taken place; and (d) Save as aforesaid, any person whose registration has been cancelled shall not carry on sickness medical or funeral benefit business after the date of such cancellation if no appeal against the cancellation is pending or if such an appeal is pending after the date of a decision of the Minister confirming such cancellation. Distribution (2.) Upon the cancellation of the registration of any person under a ~ f = B ~ e g n;f u i n tsd MthiisniAstecrt tsohacllarorrydeorn tshiecktnreussstemesedoifcatlhoerBfuenneefriatls bTernuesftitFbuunsdineosfs, suthche contributors. person to realise upon any securities held by them and, after meeting any claims in respect of benefits accrued before such cancellation and providing for the costs and expenses of such realisation and distribution to contributors, to distribute the moneys standing to the credit of such fund rateably among contributors according to the amounts of their interests in the fund as determined by an actuary or valuer appointed under this Act: Provided that such costs shall not be paid or such distribution made without the prior consent in writing of the Registrar. Provisions as to rules. 16. The following provisions shall have effect with regard to rules relating to the sickness medical and funeral benefit business of any person registered under this Act to carry on such business:- (a) No rule or amendment of a rule shall be valid unless the same has been registered by the Registrar, and no amend- ment of a rule which contains any table of contributions or benefits or which might in any way affect the sufficiency of the contributions to provide benefits shall be registered by the Registrar unless an actuary or valuer appointed under this Act first certifies that the contributions under the rules as amended are sufficient to provide the benefits or that the amendment improves or does not in any way prejudice the financial position of the Benefits Trust Fund ;

SOCIETIES. 18003 1940. Friendly Societies Acts Am,endment Act. (b) The Registrar shall, on being satisfied that any rule or any amendment of a rule is not contrary to the provisions of this Act, furnish the registered person or his public officer with an acknowledgment of registration of the same which spall be conclusive evidence that the same is duly registered ; (c) A copy of the rules relating to the sickness medical and funeral benefit business of any person registered under this Act to carry on such business shall be delivered by such person or his public officer to any person on demand on payment of a sum of one shilling: Provided that an appeal shall lie to the Minister from the refusal of the Registrar to register any rule or any amendment of a rule, and the decision of the Minister in the matter shall be final and conclusive. 17. (1.) If any dispute arises between any person registered under Provision for this Act to carry on sickness medical or funeral benefit business or the settlement trustees of the Benefit . s Trust Fund of any such pers . on and- °beftwdiesepnutes (a) Any contnbutor to such person or hIS legal personal registered representative; or person (b) Any person aggrieved who has c~ ased to be a contributor ~~Jrustees or hIS legal personal representatIve, . contributors. in respect of any claim made by any such contributor, person aggrieved, -or legal personal representative the Registrar may settle such dispute .and make such award as he thinks proper, and such award shall be final and conclusive and binding upon the parties to the dispute. (2.) Any such award may be enforced as if it were an award on a Enforcement :submission under the *" Interdict Act of 1867." of awards. (3.) If any person so registered or trustee fails to comply within fourteen days with the requirements of any award made by the Registrar as aforesaid such person or trustee, as the case may be, shall (without affecting any other liability) be liable to a penalty of not more than one hundred pounds." Transitory Provisions. 10. (1.) Where any person is at the passing of this Require- Act carrym. g on SI . C kness medicaI or funierab enefit rmuelenstsofas to business and applies for registration under t" The Friendly perso~ Societies Acts, 1913 to 1940," but in order that such ~~ ~s: on person may be registered under such Acts a variation fedic~ l or from the rates of contributions payable or the benefits b~ ~ ~ ~ it provided is necessary, such person shall not be registered bUB~ ess unless the rules relating to his sickness medical or funeral ~~ng 0 benefit business contain a provision whereby the rates of contributions as theretofore paid by existing contributors shall not be increased and the benefits for which existing contributors had theretofore made * 31 Vic. No. 11, supra, page 2387. t 4 Geo. V. No. 13 and amending Acts, supra, pages 5991 et seq_

18004 SOCIETIES. Friendly Societies Acts Amendment Act. 4 GEO. VI. No. 26, contributions shall not be diminished except pursuant to a notification by the Registrar after a valuation by an actuary or valuer in accordance with *" The Friendly Societies Acts, 1913 to 1940." If the application for registration under *" The Friendly Societies Acts, 1913 to 1940," of any person hereinbefore in this subsection mentioned is otherwise in order and such person has deposited the sum of two thousand po-q.nds in cash or securities of the kind referred to in paragraph (b) of sub-rule one of rule four of the Third Schedule to such last-mentioned Acts, the Governor in Council may permit the Registrar to register such person upon his giving such security to His Majesty the King as the Governor in Council directs for the deposit by him within such time and subject to such terms and conditions as the Governor in Council shall fix of the additional sum in cash or securities of the kind referred to in the said paragraph (b) and required by sub-rule four of the said rule four to be deposited by such person before his registration. Every such security as aforesaid shall, until the person concerned has deposited in full the sum in cash or securities of the kind referred to in the said sub- paragraph (b) required in his case by sub-rule four of the said rule four, be and remain as a security for the payment prescribed by sub-rule three of the said rule four. oWmfeisndidiccikannlgeo-sursp Act (2 ca .) rr ( y a i ) ngWhoenresiacnkynepssersmonediiscaalt othre fpuansesrianlg boefntehfiist fbuenneerfaitl business and that person is not registered under *" The business of Friendly Societies Acts, 1913 to 1940," within a period pneortsons of six months after the passing of this Act, the Minister registered shall order the sickness medical or funeral benefit business Auncdtewr itthhiisn of such person to be wound up and thereupon- six months after commence- (i.) All property real or personal and all powers, authorities, immunities, rights, obligations, and mentofAct. duties which immediately before the date of such order were vested in, exercisable by, or imposed upon such person or the governing body of such person or any other body or person on behalf of such person in relation to such business, shall by virtue of and without further or other authority than this * 4 Geo. V. No. 13 and amending Acts, supra, pages 5991 et seq.

SOCIETIES. 1940. Friendly Societies Acts Amendment Act. Act be transferred to, vested in, exercisable by, imposed upon, and executed by the Registrar; (ii.) The Registrar shall realise upon such property and after discharging the debts and obligations of such person (other than debts and obligations to contributors) and making provision for the costs and expenses of the winding-up of the sickness medical or funeral benefit business of such person distribute the moneys remaining in his hands among contributors according to the amounts of their respective contributions. (b) When an order is made by the Minister as aforesaid the person to whom such order relates, the several members of the governing body (if any) of such person, and every other body or person referred to in subparagraph (i.) of paragraph (a) of this subsection shall forthwith do such acts and things as in the opinion I of the Registrar are necessary in order to carry the order of the Minister into effect; and every such member, body, or person who or which fails to comply with the provisions of this paragraph shall be guilty of an offence against this Act and liable to a penalty of not more than one hundred pounds and, in addition, to a daily penalty of not more than twenty pounds for each and every day during which such offence is continued after a conviction therefor. . (c) The total amount of all contributions paid by contributors to a person whose sickness medical or funeral benefit business is ordered by the Minister under this subsection to be wound-up less the amount of benefits paid by such person to contributors shall, upon the making of such order be and be deemed to be a debt due and owing to the Registrar and recoverable as such by action in the name of the Registrar in any court of competent jurisdiction: Provided that in any such action such person may set off against such debt the value of any property realised upon by the Registrar under paragraph (a) hereof. The Registrar shall apply all moneys recovered by him under this paragraph in the manner prescribed by subparagraph (ii.) of paragraph (a) hereof. 18005

18006 SOCIETIES. Friendly Societies Acts Amendment Act. 4 GEO. VI. No. 26, 1940. Paite~ ts (3.) (a) No person who at the date of the passing ~ ~ eo e of this Act was carrying on sickness medical or funeral (except rtfh benefit business shall during the period commencing on ~ ~ ~ ~ ~ r that date and ending with the registration of such person fcboeornn t efni·tbus) o t rs ,ot h reoncotmhme eenxcpeimraetniotnoof fththI . se Apecrti, odasofthseix cmasoentmhas yafbtee, r d~ g ~ : ri~ : L make any payment out of any funds collected by him in the course of carrying on such business except with the approval in writing of the Attorney-General or for the purpose of providing benefits which have actually accrued due for contributors or persons for whom or on whose behalf contributions have been made. (b) If any payment is made by any person in contravention of this subsection that person shall be liable to a penalty of not more than one hundred pounds and the Minister may order the winding-up of the sickness medical or funeral benefit business of such person, and the provisions of the last preceding subsection shall with such adaptations as are necessary extend and apply to such winding-up. Recovery of (4.) All penalties imposed by this section may be penalties. recovered in a summary way under *" The Justices Acts, 1886 to 1932," upon the complaint of any person authorised in that behalf by the Minister. * 50 Vic. No. 17 and amending Acts, 8upra, pages 1132 et 8eq. SOLDIERS' WILLS. See SUCCESSION. STALLIONS REGISTRATION. See STOCK (DISEASES IN STOCK ACTS AND OTHER ACTS AMENDMENT ACT).