Friendly Societies (Amendment) Act 1900 (NSW)
Act No. 77, 1900.
An Act to amend the F r i end ly Societies Act,
1899. [ l i f t December', 1900.]
BE it enacted by the Queen 's Most Excellent Majesty, by and with
Assembly of New South Wales in Par l i ament assembled, and by the the advice and consent of the Legislat ive Council and Legislat ive au thor i ty of the same, as follows:—
1. This Act shall be construed as one with the Fr iend ly Societies Act, 1899 (hereinaf ter called the Pr inc ipa l Ac t ) , and may be cited as the " Fr iend ly Societies (Amendment) Act, 1900."
2. The provisions of section eight of the Pr inc ipa l Act shall not
apply in respect of any society regis tered before the commencement of
tha t Act. 3. The period of twelve months mentioned in section ninety- one of the Pr inc ipa l Act shall be deemed to have been and to be a period of two yea r s .
4. (1) The par t i es to a dispute in a regis tered society or branch may by mutual consent, unless the rules of the society or branch expressly forbid it, refer the d ispute to the reg is t ra r .
(2) The reg is t ra r , with the consent of the Colonial Secre tary ei ther by himself or by one deputed by him for the purpose , shall hea r and determine a d ispute refer red to him, and shall have power to order the expenses of de termining the dispute, to be paid ei ther out of the funds of the society or branch, or by such par t ies to the dispute as he may think fit, and his determinat ion and order shall have the same effect and be enforceable in like manner as a decision made in the manner directed by the rules of the society or branch.
(3) When a dispute is refer red as aforesaid the r eg i s t r a r or officer so deputed by him may adminis ter oaths and may require the a t tendance of all pa r t i e s concerned, and of witnesses, and the product ion of all books and documents re la t ing to the ma t t e r in question.
5. W h e r e the rules contain no direction as to disputes, or where
no decision is made on a dispute within for ty days after appl icat ion to
the society or branch for a reference under its rules, the member orperson
person aggrieved may apply either to the District Court , or to a s t ipendiary or police magis t ra te , or two justices of the peace si t t ing as a court of pe t ty sessions, and the court to which applicat ion is so made may hear and determine the ma t t e r in d i spu te ; but in the case of a society with branches the said forty days shall not begin to run until application had been made in succession to all the bodies entitled to determine the dispute under the rules of the society or branch, so how ever tha t no rules shall require a g rea t e r delay than three months between each successsive determinat ion.
Co-operative Trading and Industrial Societies.
6. The r eg i s t r a r may, a t the request of such number of members
as represent five-sixths of the shares in the society, cancel the regis t ry of a society regis tered under Par t V of the Fr iendly Societies Act of 1873, and regis ter such society under the provisions of section six of the F r i end ly Societies Act, 1899, provided tha t the rules and consti tution of the society shall first be made to accord with the provisions of the said section, and tha t it is proved to the satisfaction of the r eg i s t r a r tha t the requirements of the credi tors of the society have been fully met.
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