Friendly Societies Acts Amendment Act of 1954 (3 Eliz Ii No. 36) (Qld)

420 SOCIETIES. Friendly Societies Acts Amendment Act. 3 E ljz . II. No. 36, SOCIETIES. 3 NEOli. z3. 6I. I. An Act to Amend “The Friendly Societies Acts, T he F riendly S ocieties 1913 to 1951/’ in certain particulars. A cts A mendment A ct of 1954. [A ssented to 4 th N ovember , 1954.] B E it enacted by the Queen’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 :— short title. L (1.) This Act may be cited as “ The Friendly Societies Acts Amendment Act of 1954.” Principal (2.) *“ The Friendly Societies Acts, 1913 to 1951,” 0 ‘ are in this Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be cited tlte' collectively as “ The Friendly Societies Acts, 1913 to 1954.” Amendments 2. Section two of the Principal Act is amended — (i.) By adding to the definition “ Friendly Societies ” the following paragraphs, namely :— “ (k) Hospital benefits for members and dependants of members ; (l) Medical services benefits for members and dependants of members ; ” ; Hospital benefit' (ii.) By inserting after the definition “ Friendly Societies ” the following definition, namely :— “ “ Hospital benefit ”—In relation to any friendly society or branch of a friendly society, the amount payable in accordance with the rules conditionally upon the treatment at or admission to, or the treatment at and admission to, hospital of members and their dependants in respect of whom contributions for this benefit are made and so payable in respect of the period of such treatment, admission, or, as the case may be, treatment and admission; ” ; * 4 G. 5 No. 13 and amending Acts.

1954. SOCIETIES. Friendly Societies Acts Amendment Act. 421 (iii.) By inserting after the definition “ Licensed ” the following definition, namely :— “ “ Medical services benefit ”—In relation to any Medical friendly society or branch of a friendly society, the amount payable in accordance with the rules in reimbursing, wholly or partly, expenses incurred in respect of professional services of a surgical, medical, or allied nature for members and their dependants in respect of whom contributions for this benefit are made; 3. Section eight of the Principal Act is amended— Amendment of s. 8, (a) By inserting in paragraph (a) of the proviso thereto, after the words “ other than an annuity ” the words “ or a hospital benefit ” ; and (b) By inserting after paragraph (a) of the proviso thereto the following paragraph, namely:— “ ( aa ) No friendly society or branch of a friendly society can be registered which contracts for the payment of a hospital benefit, in the case of any individual, whether a member or a dependant of a member, exceeding eight pounds and eight shillings per week; 4. Section twenty-one of the Principal Act is Amendments amended— ofs-21- (i.) By repealing subsection one and inserting, in lieu of that repealed subsection, the following subsections, namely :— “ (1.) (a) For the purposes of this section and Financial sections twenty-two and 25 a of this Act, the termy®®j^“r “ financial year ” shall mean the period of twelve months branch, next immediately preceding and including— (i.) (In respect of each and every friendly society or branch of a friendly society) the thirtieth day of June (or such other date, being in the month of June or July, as for the time being may be directed by the Registrar in the case of any particular friendly society or branch of a friendly society); and

422 SOCIETIES. Friendly Societies Acts Amendment Act. 3 E liz . II. No. 36, (ii.) (In respect of each and every other society or branch) the thirtieth day of June (or such other date as for the time being may be directed by the Registrar in the case of any particular such society or branch). ( 6 ) The Registrar may from time to time issue a direction in the case of any particular society or branch, as referred to in this subsection, and each and every such direction shall remain in force until it is revoked or a fresh direction is made in respect of that society or branch by the Registrar. Audit. (1 a .) Subject to the provisions of section 25 a of this Act, within three months after the end of each and every financial year of any society or branch, that society or branch shall cause its books and accounts in respect of each and every transaction during that financial year to be audited by a licensed auditor, or by two or more auditors who are not licensed appointed by the society or branch in accordance with its rules, or, if no auditor or auditors are appointed as aforesaid, by such auditor or auditors as the Registrar appoints. Audit upon direction by (1 b .) Without prejudice to any other action or Registrar. remedy which may be taken under this Act by the . Registrar, where— (a) Any society or branch fails to lodge at the Registrar’s office an annual return accompanied by a copy of the report of the auditor or auditors and other documents, if any, and in accordance with the provisions of section twenty-two of this Act; or (b) The Registrar is dissatisfied with the manner in which an annual audit of the accounts and securities of any society or branch has been made ; or (c) The Registrar considers that by reason of any information disclosed by the annual return or by any of its accompanying documents that it is desirable that an audit should be made under the provisions of this subsection, he may notify the society or branch that he requires its accounts and securities in respect of each and every transaction during the period specified by him to be audited by a person registered as a public accountant

SOCIETIES. 423 1954. Friendly Societies Acts Amendment Act. under *“ The Public Accountants Registration Acts, 1946 to 1949,” or a licensed auditor or two or more auditors who are not licensed appointed by him and thereupon the society or branch, as the case may be, shall cause its accounts and securities to be audited in accordance with that notification : Provided that in the case of a branch the Registrar shall first notify the central body that he intends to exercise his powers under this subsection unless the things specified by the Registrar are carried out within such time as the Registrar directs in that notification.”; (ii.) By repealing in subsection two the words “ pursuant to appointment ” and inserting, in lieu of those repealed words, the words “by an auditor or auditors appointed ” ; also by inserting in that subsection two after the word “ auditor ” where last occurring the words “ or auditors ” ; (iii.) By adding the following paragraph to subsection three (after paragraph (c)), namely :— “ Where an auditor or auditors are appointed by the Registrar to make an audit, that auditor or those auditors shall forthwith upon completion of the audit make and forward a report of the audit to the Registrar.”. 5. Section twenty-two of the Principal Act is ^™ei^meilt8 amended by repealing subsection one and inserting, in 0 s' ' lieu of that repealed subsection, the following subsection, namely :— “ ( 1 .) Within three months after the end of each and every financial year of any society or branch, that ' society or branch shall lodge at the Registrar’s office a general statement, to be called the “ annual return,” showing separately the receipts and expenditure in respect of the several funds of that society or branch, as the case may be, during the financial year and the assets and liabilities of and securities held by that society or branch at the end of the financial year, and containing such other particulars in respect of that society or branch as the Registrar has prescribed.”. 6. The following section is inserted after section ^vrtsed23A twenty-three of the Principal Act, namely :— 6 ‘ “ [ 23 a.] ( 1 .) Section twenty-three of this Act shall ^^nption not, during the period to end on the thirtieth day of quinquennial June, one thousand nine hundred and fifty-nine, applyretum- * 11 G. 6 No. 4 and amending Acts.

424 SOCIETIES. Friendly Societies Acts Amendment Act. 3 E liz . II. No. 36, with respect to a hospital benefit fund or a medical services benefit fund of a friendly society or branch of a friendly society which was registered at the date of the passing of *“ The Friendly Societies Acts Amendment Act of 1954.” ( 2 .) During the period specified in subsection one of this section— (а) If at any time the Registrar is of opinion that a hospital benefit fund or a medical services benefit fund of a society or branch to which subsection one of this section applies is tending to a state in which it is probable that the society or branch may not be able to meet its liabilities in respect of that fund in the ensuing year he may require the society or branch to increase forthwith contributions to that fund to the extent deemed by him to be required to avoid that state; ( б ) Notwithstanding any other provision of this Act no transfer of moneys of any other fund to a hospital benefit fund or medical services benefit fund of a society or branch to which subsection one of this section applies shall be made or approved; (c) With a view to facilitating actuarial investigation at some date after that period the Registrar may at any time require a society or branch to which subsection one of this section applies to prepare and maintain all records of the hospital benefit fund or medical services benefit fund, or both those funds, in such manner as the Official Valuer approves; and id) If any hospital benefit fund or medical services benefit fund of a society or branch to which subsection one of this section applies is wound up, dissolved, or closed for any reason whatsoever, no moneys of any other fund of the society or branch concerned shall be attached in any way to meet any liabilities of that hospital benefit fund or medical services benefit fund.

SOCIETIES. 425 1954. Friendly Societies Acts Amendment Act. (3.) If a society or branch fails to comply with a requirement of the Registrar under paragraph ( a ) or paragraph (c) of subsection two of this section, the penalty which may be imposed on every officer of that society or branch shall be a sum not exceeding fifty pounds.”. 7 In subparagraph (a) of paragraph (ii.) of section Amendment twenty-four of the Principal Act the words “ Building 0 s' ' societies deemed to be registered under this Act, benevolent societies,” are repealed and the words “ Benevolent societies,” are inserted in lieu of those repealed words. 8* (1.) Subsection one of section 25 a of the Amendments Principal Act is repealed and the following subsection is ot s' A‘ inserted in lieu of that repealed subsection, namely :— “(1.) Notwithstanding anything to the contrary Audit of contained in this Act, each and every friendly society certain*8 °f which is so constituted that it has a central body and friendly one or more district branches or one or more branches,societies- and, in the case of a friendly society having one or more district branches, each and every such district branch, shall, within three months after the end of the financial year of the friendly society or district branch, as the case may be, cause its books and accounts in respect of each and every transaction during that financial year to be audited by a person registered as a public accountant under *“ The Public Accountants Registration Acts, 1946 to 1949,” and shall also comply with the provisions of section twenty-two of this Act. The auditor shall forthwith upon the completion of his audit forward two copies of his report of the audit direct to the Registrar, who may thereupon forward to the society or district branch concerned one copy of such report with any recommendations or directions or with any recommendations and directions thereon which the Registrar may deem fit to make. Regulations may be made for all or any purposes, whether general or to meet particular cases, that may be convenient or necessary or expedient for ensuring an effective audit of the books and accounts of those friendly societies and district branches to which this section applies.”. * 11 G. 6 No. 4 and amending Acts.

426 SOCIETIES. Friendly Societies Acts Amendment Act. 3 E liz . II. No. 36, Saving of (2.) The passing of this Act shall not repeal the F“rTiehnedly- regulations cited as “ The Friendly Societies Regulations Societies of 1939,” dated the second day of March, one thousand oRfeg1u93la9t. i”ons nine hundred and thirty-nine, in force at the commencement of this Act, and those regulations shall, subject to section 25 a of the Principal Act as amended by this Act, continue in force for the purposes of that section as amended until regulations are made under the said section and all penalties imposed under the said regulations prior to the commencement of this Act shall be enforceable and may be enforced as if this Act had not come into operation and all matters and proceedings under the said regulations commenced or pending when this Act comes into operation may be carried on and prosecuted as if this Act had not been passed, and no such matter or proceeding shall abate or be discontinued or prejudicially affected by anything contained in this Act. Repeal of 9. Subsection three of section twenty-seven of the s. 27 (3). Principal Act is repealed. Repeal of 10. Subsection three of section fifty-eight of the a s. n 5 d 8 n ( e 3 w ). iPsriinncseiprtaeldAinctlieisu roefptehaaletdreapnedaletdhesufboslelocwtioinng, nsaumbseelcyti: o—n Failure to “ (3.) Any person, society, or branch contravening tchoims pAlyctwainth or failing to comply with any provision of this Act shall offence. be guilty of an offence.”. Repeal of 11. Section 62 a of the Principal Act is repealed. s. 62 a . Amendment 12. Section sixty-three of the Principal Act is of s. 63. amended— By repealing subsection two and inserting, in lieu of that repealed subsection, the following subsection, namely:— Orders in “ ( 2 .) On and from the passing of *“ The Friendly aCnoduncil Societies Acts Amendment Act of 1954,” all Orders in regulations. Council and regulations made or purporting to have been made under this Act shall be published in the Gazette, and thereupon shall be of the same force and effect as if they were enacted in this Act and shall be judicially noticed. On and from the passing of *“ The Friendly Societies Acts Amendment Act of 1954,” all Orders in Council and regulations shall be laid before the Legislative Assembly a ■ * This Act.

SOCIETIES. 427 1954. Friendly Societies Acts Amendment Act. within fourteen days after such publication if Parliament is in session ; or, if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such Order in Council or regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Order in Council or regulation has been laid before it, such Order in Council or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this subsection, the term “ sitting days ” shall mean days on which the House actually sits for the despatch of business.”. 13. For removing doubts it is hereby declared RePeal of that sections sixty-four and sixty-five of the Principalss' 4and 6* Act were repealed by *“ The Public Safety Act of 1940 Repeal Act of 1945.” 14. Paragraph (5) of the First Schedule to the Amendment Principal Act is repealed. SdieduteT* 15. The Second Schedule to the Principal Act is Amendments amended— second (i.) By repealing in paragraph (iii.) of rule four Sohedule- the words “ one shilling ” and inserting, in lieu of those repealed words, the words “ two shillings ” ; (ii.) By repealing in subrule six of rule ten the paragraph reading “The facilities provided by the Postmaster-General for bulk postages shall be taken advantage of ” ; (iii.) By repealing subrule three of rule seventeen ; and (iv.) By inserting in the first paragraph of rule twenty-nine after the words “ by way of allowance ” the words “ other than a hospital benefit, or, by way of a hospital benefit, eight pounds and eight shillings per week ”. I 16. (1.) Clause twelve of the Third Schedule to Amendments the Principal Act is amended— schedule (i.) By inserting in paragraph ( b ) of subclause four0-12- of that clause after the words “ or benefits or the ” the words “ changes in the ” ; * 10 G. 6 No. 7.

428 SOCIETIES. Friendly Societies Acts Amendment Act. 3 E liz . II. No. 36, 1954. (ii.) By repealing in subclause five of that clause the words “ or to make ” and by inserting, in lieu of those repealed words, the words “ or shall make ” ; and (iii.) By adding to subclause six of that clause the following proviso :— “ Provided that whenever a valuation firstly following a valuation or one or more successive valuations revealing a deficiency in the fund, reveals a surplus in the fund and if the Registrar is satisfied that such surplus has been wholly or partly contributed to as a result of— (i.) The acceptance by the person concerned of payments of claims on The Fund at amounts less than those to which such person would otherwise have been entitled; and (ii.) The application of the amounts so short paid to the remedying of such deficiency or deficiencies, he may before making such notification certify to the Board of Trustees, according as he deems fit and proper in all the circumstances, either— (A) That the whole of the surplus but to the extent only of the amounts so short paid ; or (B) That such part thereof as the Registrar may specify, shall be paid to the person concerned. Upon receipt of a claim from the person concerned and of such a certificate in writing signed by ths Registrar the Board of Trustees shall pay to the person concerned the amount certified by the Registrar as being payable. The Registrar shall not be bound to notify the person concerned or his public officer as aforesaid until that amount certified by the Registrar as being payable has been paid to the person concerned.”. (2.) The amendment made to clause twelve of the Third Schedule to the Principal Act by paragraph (iii.) of subsection one of this section shall be deemed to have been made on the thirtieth day of June, one thousand nine hundred and fifty-one. Repeal of 17. Section three of *“ The Friendly Societies Acts vi nq 3 24 *' Amendment Act of 1939 ” is repealed. * 3 G. 6 No. 24.