Friendly Societies Acts Amendment Act of 1963 (Qld)

146 (Qtt"ttslaiRt ANNO DUODECIMO ELIZABETHAE SECUNDAE REGINAE No. 26 of 1963 An Act to Amend "The Friendly Societies Acts, 1913 to 1959," in certain particulars [ASSENTED TO 12TH DECEMBER, 1963] 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. (1) Short title . This Act may be cited as " The Friendly Societies Acts Amendment Act of 1963." (2) Principal Act. " The Friendly Societies Acts, 1913 to 1959," - are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Friendly Societies Acts, 1913 to 1963." 2. Amendments to s. 50B . Section 50B of the Principal Act is amended in the following respects:- (a) by inserting as subsection (4) the following subsection:- "(4.) On and from the date of commencement of " The Friendly Societies Acts Amendment Act of 1963," a person shall not become registered under this Act to carry on any sickness, medical or funeral benefit business unless that person is a corporation within the meaning of " The Companies Act of 1961." "; (b) by re-numbering the existing subsection (4.) as subsection (5.).

Friendly Societies Acts Amendment Act of 1963, No. 26 147 3. New s. 50F inserted . The Principal Act is amended by inserting the following section:- " [ 50F.] Power to sell a business and continuance of agreements. (1.) Any person registered under this Act to carry on any sickness, medical or funeral benefit business and carrying on any such business, and the personal representative. or trustee of the estate of any person so registered or of any person who is recorded in the office of the Registrar as a member of a firm which is so registered. and who at the date of his death or incapacity was carrying on any such business (such person or, as the case may require, personal representative or trustee being hereinafter in this Act called the assignor ") may, at any time, with the prior approval of the Registrar, sell, assign, or dispose of such business and all property vested in the assignor in relation to such business, to any person who is registered under this Act to carry on such a business (such person being hereinafter in this Act called " the assignee "). (2.) Any purported sale, assignment or disposal of any such business without the prior approval of the Registrar shall be absolutely void and shall render every registration under this Act in respect of such business liable to be cancelled. (3.) Upon the sale, assignment or disposal of any such business every agreement entered into in respect of a benefit to be provided by or through that business which, at the date.of such sale, assignment or disposal, has not been performed by both the assignor and the contributor thereunder shall continue to have full force and effect unless and until cancelled in accordance with the registered rules of that.business and the provisions of that agreement, if any, notwithstanding that the contributor has not consented to such sale, assignment or disposal, and every such agreement shall be read and construed as if the assignee were and had, at all times, been a party to that agreement in place of the assignor. The provisions of this subsection shall not be construed so as to prejudice any claim that the assignee or any contributor may have against the assignor in respect of a liability incurred by the assignor prior to such sale, assignment or disposal and which has not been performed by the assignor at the date of such sale, assignment or disposal." 4. Amendment to rule 4 of Schedule H. The Second Schedule to the Principal Act is amended by omitting from paragraph (iii) of rule 4 thereof the words " two shillings " and inserting in their stead the words " ten shillings, or the actual cost of printing such copy, whichever is the less ". 5. Amendments to rule 5 of Schedule III. Rule 5 of the Third Schedule to the Principal Act is amended as follows:- (a) by omitting subparagraph (d) of sub-rule (2) and by inserting ;n its stead the following subparagraph:- (d) The name and address of the chairman and of each of the other members of the governing body of the applicant and of the public officer (if any) of the applicant; ' ; (b) by omitting sub-rule (3) and by inserting in its stead the following sub-rule:- (3.) Every such application shall- (a) Be signed by the chairman of the governing body of the applicant and by the public officer (if any) of the applicant; and (b) Be verified by a statutory declaration of such chairman and such public officer (if any).";

148 Friendly Societies Acts Amendment Act of 1963, No. 26 (c) by omitting from subparagraph (a) of sub-rule (4) the words "the applicant" and by inserting in their stead the words "such chairman ". 6. Amendments to rule 6 of Schedule III. Rule 6 of the Third Schedule to the Principal Act is amended as follows:- (a) by omitting from sub-rule (2) the words " five pounds " where those words twice appear and by inserting in their stead the words " fifteen pounds "; (b) by omitting sub-rule (4) and by inserting in its stead the following sub-rule:- " (4.) The registered rules relating to the sickness, medical or funeral benefit business of any person registered to carry on such a business prior to the date of commencement of " The Friendly Societies Acts Amendment Act of 1963," and the provisions of every agreement in respect of a benefit to be provided by or through such a business entered into prior to the said date shall, on and from the said date, be deemed to be amended and to provide for a limitation of fifteen pounds in respect of funeral and burial or cremation services for a child under the age of ten years and to give effect to the provisions of paragraph (c) of sub-rule (2.) of this rule and shall be construed accordingly: Provided that this sub-rule shall not affect the operation before the said date of the rules and provisions so deemed to be amended, or anything duly done or suffered, or any right, privilege, obligation, liability, or remedy acquired, accrued or incurred before the said date under such rules or provisions." 7. Amendments to rule 9 of Schedule III. Rule 9 of the Third Schedule to the Principal Act is amended as follows:- (a) by inserting as sub-rule (4) the following sub-rule:- " (4.) Payments from The Fund in special circumstances. Upon application made in writing to the Board of Trustees for the payment from The Fund of a benefit in respect of any sickness, medical or funeral benefit business or a surrender value of contributions paid to any such business or a refund, in whole or in part of contributions paid to any such business, the Board of Trustees, if satisfied- (a) That the application is made in good faith by the applicant; and (b) That a payment of the type applied for would, in the circumstances, be just, may make to the applicant, or to such other person as to the Board of Trustees may seem proper, a payment from The Fund of such amount as the Board of Trustees may deem just notwithstanding any provision of this Act or of the registered rules of the business concerned or of the agreement under which the contributions were paid and notwithstanding that no provision of this Act or of such registered rules or of such agreement authorizes, or envisages, such a payment to any person or to the person to whom the Board of Trustees proposes to make payment."; (b) by re-numbering the existing sub-rule (4.) as sub-rule (5.). 8. Amendments to rule 12 of Schedule M. Rule 12 of the Third Schedule to the Principal Act is amended as follows:- (a) by omitting subparagraph (b) of sub-rule (4) and by inserting in its stead the following subparagraph:- (h) The nature and extent of the changes in respect of the sickness, medical or funeral benefit business concerned that will be necessary to ensure that the assets of the said fund will be sufficient to meet its liabilities; ";

Friendly Societies Acts Amendment Act of 1963, No. 26 149 (b) by adding to sub-rule (4) the words " and, upon recommendation by the actuary or valuer appointed under this Act, may direct the person concerned or his public officer to effect such changes in respect of such business as may be specified by the Registrar. "; (c) by omitting sub-rule (5); (d) by omitting subparagraph (b) of sub-rule (6) and by inserting in its stead the following subparagraph- (b) The nature and extent of the changes in respect of the sickness, medical or funeral benefit business concerned that will be necessary to enable the surplus to be reduced or eliminated; "; (e) by inserting in sub-rule (6) immediately preceding the proviso to that sub-rule the following words:- " and, upon recommendation by the actuary or valuer appointed under this Act, may direct the person concerned or his public officer to effect such changes in respect of such business as may be specified by the Registrar:" ; (f) by renumbering sub-rule (6.) as sub-rule (5.); (g) by omitting sub-rule (7) and by inserting in its stead the following sub-rule:- " (6.) Upon a direction being given by the Registrar pursuant to this rule, the person concerned shall, if it be necessary, forthwith amend the registered rules of the sickness, medical or funeral benefit business carried on by him and forthwith make such other changes as may be necessary to effect the changes directed by the Registrar."; (h) by adding to that rule the following sub-rule:- " (7.) Without in any way limiting the types of changes which the Registrar may direct to be effected under this rule, or his discretion in that regard, the Registrar may direct changes in respect of all or any of the following matters notwithstanding any provision of this Act or any of the registered rules of the sickness, medical or funeral benefit business concerned or the provisions of any agreement entered into in respect of a benefit to be provided by or through that business:- (a) The contributions to be paid to such business; (b) The benefits payable by such business; (c) The basis on which or the method by which the surrender value of contributions paid to such business is computed; (d) The proportion of contributions to be utilized as management expenses in such business; (e) The manner of conducting such business; (f) The payments to be made out of The Fund." 9. Amendments to rule 13 of Schedule III. Rule 13 of the Third Schedule to the Principal Act is amended as follows:- (a) by omitting the word " notified " and by inserting in its stead the word " directed "; (b) by omitting the words " in the manner of conducting such 4b6 uassintheessR, eagsitshtrearcamsaeymdairyecbte" ," . and by inserting in their stead the words

150 Friendly Societies Acts Amendment Act of 1963, No. 26 10. Amendments to rule 15 of Schedule M. Rule 15 of the Third Schedule to the Principal Act is amended by adding the following sub- rules:- " ( 3.) Payment of moneys to The Fund by assignor of a business. When any sickness, medical or funeral benefit business is to be sold, assigned or disposed of. the assignor of that business shall, either on the date on which he ceases to be entitled to receive contributions payable in respect of a benefit to be provided by or through that business or on the next previous day of business to such date, pay to The Fund all moneys and securities standing to the credit of the Benefits Trust Fund of such business and all moneys and securities which would or should be paid by him into such Benefits Trust Fund. (4.) Cancellation of the registration of an assignor. When a registration under this Act is cancelled because the business in respect of which such registration was effected has been sold, assigned or disposed Of- (a) The Minister shall not make either of the orders specified in sub-rule (2.) of this rule; (b) The moneys and securities in The Fund and credited to the account of the Benefits Trust Fund of that business shall be retained in The Fund to the credit of the account of the Benefits Trust Fund of the assignee of that business; (c) The moneys or securities lodged with the Treasurer under Rule 4 of this Schedule as a security for the payment of the value of the benefits of all the contributors upon the winding-up of that business shall be paid to the assignor of that business or as he shall direct in writing."