Friendly Societies Acts Amendment Act of 1959 (8 Eliz Ii No. 10) (Qld)

SOCIETIES. 8 E liz . II. No. 10,1959. Friendly Societies Acts Amendment Act. 693 An Act to Amend “ The Friendly Societies Acts, 8 i0n 1913 to 1956,” in certain particulars. A cts [A ssented to 6 th A peil , 1959.] acteo ?™59. 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:— 1. (1.) This Act may be cited as “ The Friendly short title. Societies Acts Amendment Act of 1959.” (2.) *“ The Friendly Societies Acts, 1913 to 1956,” ^"ncipal are in this Act referred to as the Principal Act. c' (3.) The Principal Act and this Act may be Collective collectively cited as “ The Friendly Societies Acts, 1913tltle' to 1959.” 2. Section two of the Principal Act is amended— Amendments (а) By repealing therein the definition “ Certifying Barrister ” and inserting, in lieu of that repealed definition, the following definition :— “ “ Certifying Barrister ”—A barrister-at-law Certifying appointed to be certifying barrister for thebarnster- purposes of this Act; ” ; (б) By inserting, after the word “ controi ” where that word appears in paragraph (i.) of the definition “ Friendly Societies ” therein, the words “ maintenance, operation, and management ” ; (c) By repealing therein the definition “ Minister ” and inserting, in lieu of that repealed definition, the following definition:— “ “ Minister ”—The Minister for Health and Home Minister. Affairs or other Minister of the Crown charged for the time being with the administration of this Act; ” ; and (d) By adding to that section the following paragraph :— “ The term “Attorney-General ” wherever appearing in this Act shall be deemed to refer to the Minister.” 4 G. 5 No. 13 and amending Acts.

694 SOCIETIES. Friendly Societies Acts Amendment Act. 8 E liz . II. No. 10, Amendments of s. S. 3. Section eight of the Principal Act is amended— (i.) By repealing paragraph (a) of the proviso thereto and inserting, in lieu of that repealed paragraph, the following paragraph :— “ (a) The benefits specified in this paragraph (a) for the payment whereof a friendly society or branch of a friendly society may contract with any person shall be limited as follows— (i.) An amount or aggregate of annuity benefit not exceeding the rate of two hundred and eight pounds per annum ; (ii.) An amount or aggregate of a gross sum benefit not exceeding two thousand pounds; (iii.) An amount or aggregate of any periodical payment benefit, other than annuity benefit or hospital benefit, not exceeding the rate of four pounds and four shillings per week or, in the case of a person producing to the society or branch medical evidence of good health immediately prior to the making of any contract for an amount, or aggregate or increased aggregate of any such periodical payment benefit exceeding the rate of four pounds and four shillings per week, not exceeding the rate of eight pounds and eight shillings per week ; and (iv.) An amount or aggregate of hospital benefit not exceeding the rate of such amount per week as is determined for the time being by the Governor in Council by Order in Council published in the Gazette (the Governor in Council being hereby so authorised and it being hereby declared that until the publication in the Gazette of the first such Order in Council the rate of the aforesaid amount per week shall not exceed eight pounds and eight shillings), and no friendly society or branch of a friendly society which contracts for the payment of any such benefit in excess of the limitation imposed in relation thereto by this paragraph (a) can be registered under this Act, save that a friendly society which is a

SOCIETIES. 695 1959. Friendly Societies Acts Amendment Act. registered hospital benefits organisation under and within the meaning of the * NationalHealthAct1953-1958 of the Commonwealth may be registered as a friendly society under this Act notwithstanding that it contracts to pay a hospital benefit in excess of the limitation imposed by subparagraph (iv.) of this paragraph (a).” ; and i (ii.) By repealing paragraph (aa) of the proviso thereto. 4. Section nine of the Principal Act is amended by Amendment repealing therein the words “ five guineas ” and inserting, 0 s' ‘ in lieu of those repealed words, the words “ seven guineas”. 5. Subsection one of section thirteen of the Principal Act is amended by repealing the second0 s' paragraph thereof and inserting, in Heu of that repealed paragraph, the following paragraphs “ For that purpose copies of the same, signed by three members and the secretary, shall be sent to the Registrar, accompanied by a fee of four guineas in the case of complete amendment of rules, or a fee of two guineas in the case of an amendment or amendments other than complete amendment of rules. Such fee shall be paid to the certifying barrister for his own use. In the event of any dispute arising as to whether any amendment or amendments is or are a “complete amendment of rules ” within the meaning of this subsection the decision of the Registrar shall be final and conclusive and without appeal to any tribunal whatsoever.”6 ' 6. The following section is inserted after section 20 a New s . 20 b of the Principal Act:— “ [20 b .] ( 1 .) In this section “ registered Registered organisation ” means a registered organisation under nona!1^' and within the meaning of the *National Health Act 1953-1958 of the Commonwealth and “ Commonwealth Act ” means that Act. (2.) Notwithstanding any other provision of this Act a society or branch which is a registered organisation shall not transfer to, or apply for any purpose of, any No. 95 of 1953 of the Commonwealth and amending Acts.

696 SOCIETIES. Friendly Societies Acts Amendment Act. 8 E liz . II. No. 10, fund conducted by it pursuant to the Commonwealth Act any moneys, including any interest on any moneys, appertaining to a fund of the society or branch other than a fund thereof conducted by it pursuant to the Commonwealth Act. (3.) In the case of any society or branch which is a registered organisation, moneys, including any interest on moneys, appertaining to a fund of the society or branch other than a fond thereof conducted by it pursuant to the Commonwealth Act shall not be liable in any respect for any liability whatsoever incurred by the society or branch in respect of any fund conducted by it pursuant to the Commonwealth Act. (4.) Subject to this section, in the case of a society or branch which is a registered organisation, the provisions of this Act shall not apply with respect to any fund conducted by it pursuant to the Commonwealth Act, or payments to or from such fund, or rules relating to such fund or payments thereto or therefrom.” Amendment 7. Section twenty-four of the Principal Act is of s. 24. amended by adding thereto the following paragraph:— “ (iii.) The quinquennial return and valuation required by this Act, in respect of any fond of a society or branch whereto he is satisfied, upon the recommendation of the Official Valuer, that such return and valuation is inapplicable or inappropriate.” New s. 50 e 8. The following section is inserted after section 50 d inserted. of the Principal Act:— Personal represen­ tative may carry on business. “ [50 e .] Upon the death of a person registered under this Act to carry on any sickness, medical or funeral benefit business, his personal representative may carry on that business without limit of time and for that purpose shall have and may exercise at any time and from time to time any right, power or remedy which the deceased person would have and could exercise if he were then alive. The personal representative shall not be personally liable upon any contract into which he enters or for any debt which he incurs, bona fide and avowedly as such personal representative, in carrying on the business.”

SOCIETIES. 697 1959. Friendly Societies Acts Amendment Act. 9. The Second Schedule to the Principal Act is Amendments n am mp e n n d a p e d a __ ' oSfchSeedcuolned. (i.) By repealing in rule nine thereof the words “ hospitals, dispensaries, or sanatoria for the members or the wives or dependants of members ” and inserting, in lieu of those repealed words, the words “ hospitals, sanatoria, homes, orphanages and dispensaries for members and other persons entitled to the benefit thereof under the rules of the society or branch ” ; (ii.) By repealing in paragraph (6) of subrule two of rule seventeen thereof the words “ two hundred pounds ” and inserting, in lieu of those repealed words, the words “ five hundred pounds ” ; (iii.) By repealing in paragraph (a) of subrule one of rule twenty-two thereof the words “ one hundred pounds ” and inserting, in lieu of those repealed words, the words “ two hundred pounds ” ; (iv.) By repealing in rule twenty-three thereof the words “ one hundred pounds ” and inserting, in lieu of those repealed words, the words “ two hundred pounds ” ; (v.) By adding to rule twenty-eight thereof the following subrule— “ (10.) Repayment, either with or without interest, simple or compound, at a rate not exceeding four pounds per centum per annum, of premiums or other contributions paid or made in respect of any assurance or endowment or other contract effected on the life of a child shall not be taken into account for the purposes of computing the sum or sums which a society or branch may insure or pay pursuant to this rule.” ; and (vi.) By repealing the first paragraph of rule twenty-nine thereof and inserting, in lieu of that repealed paragraph, the following paragraphs :— “ In the case of any benefit in respect whereof a limitation is imposed by paragraph (a) of the proviso to section eight of this Act. no member of a friendly society or branch of a friendly society, or of two or more such societies or branches, or person claiming through such a member, shall be entitled to receive any payment of an amount or, in the case of a member of two or more such societies or branches, or person claiming through such a member, aggregate of such benefit in excess of the applicable limitation imposed by the said paragraph (a). Bonuses or additions payable in respect of a gross sum benefit shall not be taken into account for the purposes of this rule.”

698 SOCIETIES—STAMP DUTIES. Stamp Acts Amendment Act . 7 Euz. II. No. 44, Amendments 10. Subrule six of rule twelve of the Third Schedule oSfchTehdiurdle. to the Principal Act is amended by repealing the proviso to the first paragraph thereof (being the part of that subrule commencing with the words “ Provided that ” and ending with the words “ shall be paid to the person concerned ”) and inserting, in lieu of that repealed proviso, the following proviso :— “ Provided that where the Registrar is satisfied— (a) That the person concerned has, consequent on a valuation or valuations (including any valuation or valuations made before the enactment of this proviso) revealing a deficiency or deficiencies in the Fund, accepted payments of claims on the Fund at amounts less than those to which that person would otherwise be entitled ; and (b) That the acceptance of such lesser amounts has contributed, in whole or in part, to a surplus in the Fund, the Registrar may, before making such notification in relation to any subsequent valuation (whether made before or after the enactment of this proviso) which reveals a surplus, certify to the Board of Trustees, according as he deems fit and proper in all the circumstances, that so much of such surplus as is required to pay, in whole or in part, the amounts (or in the case of the second or any succeeding such subsequent valuation, the balance not theretofore paid pursuant to this proviso of the amounts) not paid, by reason of the aforementioned acceptance, shall be paid to the person concerned.” STAMP DUTIES. 7 NEoii. z4. 4I. I. An Act to Amend "The Stamp Acts, 1894 to 1956," T he S tamp A mendment in certain particulars. A ct of 1958. [A ssented to 3 rd D ecember , 1958.] Short title. Principal Act. Collective title. 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:— 1. (1.) This Act may be cited as “ The Stamp Acts Amendment Act of 1958.” (2.) *“ The Stamp Acts, 1894 to 1956,” are in this Act referred to as the Principal Act. (3.) The Principal Act and this Act may be collectively cited as “ The Stamp Acts, 1894 to 1958.” * 58 V. No. 8 and amending Acts.