Friendly Societies (Amendment) Act 1935 (NSW)

FRIENDLY SOCIETIES (AMEND-

MENT) ACT.

Act No. 3G, 1935.

An Act to amend the Friendly Societies Act, 1912-1932, in certain respects; and for purposes connected therewith. [Assented to, 11th April, 1935.]

Societies Act, 1912-1935.
BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis-	Wales in Parliament assembled, and by the authority of
the same, as follows :—

1 . (1) This Act may be cited as the " Friendly

Societies (Amendment) Act, 1935."

(2) The Friendly Societies Act, 1912-1932, as
amended by this Act. may be cited as the Friendly

2. (1) The Fr iend ly Societies Act, 1912-1932, is

amended—

(a)	by inserting in subsection one of section ten after the word " following " the word " friendly " ;
(b)	by inserting next after the same subsection the following new subsection:—

(1A) Nothing in this section shall be deemed to requi re or author ise the reg i s t ra t ion of any society the objects of which include any object which is not the provision of any one or more of the benefits set out in subsection one of this section or otherwise au thor ised by this Act.

(c)	by inserting in subsection two of the same sec­ tion af ter the words " such society or branch " the words " to which subsection one of this sec­
t ion e x t e n d s . "

(2) The F r i end ly Societies ( F u r t h e r Amendment )

Act, 1931, is amended by omit t ing s u b p a r a g r a p h one of

p a r a g r a p h (a) of subsection one of section three .

3 . (1) The Fr i end ly Societies Act, 1912-1932, is

fu r ther amended—

(a)	by omitting section nineteen and by inserting in lieu thereof the following section:—
19. (1) A society established for the purpose of p rovid ing by subscript ions of the members
for any of the benefits enumera ted or refer red thereof, with or without the aid of donat ions, to in p a r a g r a p h ( a ) , p a r a g r a p h (c) or pa ra ­ g r a p h (e) of subsection one of section ten of th is Act, shall not be entit led to reg i s t ry unless the tables of contr ibut ions payable for such kinds of benefits in accordance with the rules of the society, certified under the hand of an ac tuary who has exercised his profession for a t least five years , a re t r ansmi t t ed to the Regis­ t r a r , together with the copies of the rules a s aforesaid.

(2)

(2) No amendment of the rules of any reg is te red society or branch re la t ing to contri­ but ions payable for any such benefit, shall be reg is te red unless the table of contr ibutions payable for such kind of benefit, certified under the hand of an ac tua ry who has exercised his profession for at least five years has been t r ans ­ mit ted to the Reg i s t r a r , together with copies of the rules as aforesaid.

(b) by inserting next after section twenty-five the following new sect ion:—

25A. (1) Where a society established for the purpose of provid ing by subscript ions of the members thereof, with or wi thout the aid of donat ions, for any of the benefits enumera ted or re fer red to in p a r a g r a p h ( a ) , p a r a g r a p h (c) or p a r a g r a p h (e) of subsection one of section ten of this Act, was regis tered a t the commence­ ment of the F r i end ly Societies (Amendment ) Act, 1935, and the rules thereof in force a t such commencement do not contain tables of contri­ butions payable for such kinds of benefits or do not contain tables of contr ibut ions payable for such kinds of benefits certified under the hand of an ac tua ry who had, at the da te upon which they were so certified, exercised his profession for at least five years , the society shall, within a per iod of twelve months af ter such commence­ ment , amend i ts rules so as to include tables of

unde r the hand of an ac tua ry who has exercised contr ibut ions for such kinds of benefits certified

his profession for a t least five years .

If any such society does not within the said per iod so amend its rules the R e g i s t r a r shall, by wr i t ing unde r his hand cancel the r eg i s t ry of such society.

(2) The provisions of subsections four
and five of section twenty-five of this Act shall
mu ta t i s mutand i s apply to and in respect of the

cancellation

cancellation, under this section, of the r eg i s t ry of a society, and the effect of such cancellation.

(c)	by omitting subsection two of section one hun­ dred and four.
(d)	by inser t ing in the ma t t e r re la t ing to P a r t I I in section one af ter the figures " 25 " the figures
and l e t t e r " 25A."
(2) The Fr iend ly Societies ( F u r t h e r Amend­

ment) Act, 1931, is fur ther amended by omit t ing pa ra ­

g r a p h (i) of subsection one of section three .

4 . The F r i end ly Societies Act, 1912-1932, is further

amended—

(a)	by omitting from subsection two of section
thir ty-eight the words " and one half "
wherever occurr ing;
(b)	by omit t ing p a r a g r a p h (a) of subsection one of section thir ty-nine and by inser t ing in lieu there­
of the following p a r a g r a p h : —

(a)	In the Commonwealth Savings Bank of Aus t ra l i a or in the Rura l Bank of New
South W a l e s ; or

5 . The F r i end ly Societies Act, 1912-1932, is fur ther

amended—

(a) (i) by omit t ing from subsection one of section
seventy-three the words " unless the rules
of such society or b ranch expressly forbid it " ;

(ii)   by inserting at the end of the same sub­ section the words " but no such reference shall be made unless and unt i l every effort has been made to have the dispute decided in the manner directed by the rules of the society or branch ' ' ;

(iii)   by omitting from subsection two of the same section the words " with the consent of the

Chief Secre ta ry " ;

(b)

(b) by omitting section seventy-four and by insert­ ing in lieu thereof the following sect ion:—

74. Notwi ths tanding any th ing contained in

section seventy-three of th is Act where the rules of a regis tered society or branch direct a manner in which disputes a r e to be decided, and recourse is had to the same, and—

(a)	the dispute is not, within twenty-one days af ter-appl icat ion by any p a r t y to the dispute, set down for hear ing before the t r ibunal const i tuted by or under the rules of the society for the determina­
t ion of the d i spu te ; or
(b)	any appeal against the determination of any t r ibuna l is not, within twenty- one days after appl icat ion by any p a r t y to the dispute, set down for hear ing before the t r ibunal const i tuted by or under the rules of the society for the de terminat ion of such appea l ; or
(c)	a decision in regard to the dispute or appeal is no t given within twenty-one days af ter the las t day of the hea r ing by the a p p r o p r i a t e t r ibuna l of the dis­ pute or appeal ,

any p a r t y to the d ispute may refer the d ispute to the Reg i s t r a r , and the R e g i s t r a r may hea r

and determine the dispute , and his decision shall

be final.

6. (1) The Fr i end ly Societies Act, 1912-1932, is

fur ther amended—

(a) (i) by omit t ing from p a r a g r a p h (b) of sub­

section three of section eighty-one the words " and who had been a member of the society for a continuous per iod of fifteen yea r s in respect of any benefit for which she was eligible by the rules of the soc ie ty , " and by

inser t ing

inser t ing in lieu thereof the words " in respect of any benefit for which such widow or widowed mother may be eligible as such under the rules of the society, but such pay­ ment shall be made only when the per iod du r ing which such widow or widowed mother has been so eligible, added to the per iod of membership of the deceased member in question, amounts to a continuous per iod of a t least fifteen years " ;

(ii) by inserting at the end of the same sub­

section the following p rov i so :—

Prov ided fur ther t ha t a payment under this section shall be made in respect of the benefit of medical a t tendance and medicine on account of every person in respect of whom a payment is made under p a r a g r a p h (a) of this subsection in respect of sickness benefit or funeral donation, notwithstand­ ing tha t such persons may not have been contr ibut ing for or eligible to receive such first-mentioned benefit a t the t imes re fe r red

to in tha t p a r a g r a p h .

(b)	by inserting next after the same subsection the following new subsection:—
(4) The payments to any one or more societies under this section in respect of the funeral donat ion or donat ions of any one person shall not exceed the sum payable in respect of a funeral donat ion of fifty pounds, and if claim is made in respect of contr ibutions for a donat ion or donat ions in excess of such amount the

amount payable as subvention shall be paid to

such societies and in such propor t ions as the

Reg i s t r a r may deem equitable.

(2) The amendments made by this section shall he deemed to have commenced on the th i r t ie th day of June , one thousand nine hundred and thir ty- two.

C O M P A N I E S