Friendly Societies (Amendment) Act 1976 (NSW)

ANNO VICES1MO QUINTO

E L I Z A B E T H S I I B E G I N S

Act No. 64, 1976.

An Act to amend the Friendly Societies Act, 1912.

[Assented to, 15th November, 1976.]

BE

Council and Legislative Assembly of New South Wales in	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative
Parliament assembled, and by the authority of the same, as follows:—
1. This Act may be cited as the "Friendly Societies (Amendment) Act, 1 9 7 6 " .
2. ( 1 ) This section and sections 1, 3 and 5 shall commence on the date of assent to this Act.

( 2 ) Section 4 shall, in its application to a provision of

Schedules 1 -12 , commence on the day on which that provision commences.

( 3 ) The several provisions of Schedules 1 - 1 2 shall

commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3. This Act contains the following Schedules :—

SCHEDULE 1.—AMENDMENTS TO PART I OF THE

FRIENDLY SOCIETIES ACT, 1 9 1 2 .

SCHEDULE 2.—AMENDMENTS TO PART I I OF THE FRIENDLY SOCIETIES ACT, 1 9 1 2 .

SCHEDULE 3.—INSERTION OF PART IIA INTO THE

FRIENDLY SOCIETIES ACT, 1 9 1 2 .

SCHEDULE 4.—AMENDMENTS TO PART I I I OF THC

FRIENDLY SOCIETIES ACT, 1 9 1 2 .

SCHEDULE 5.—-AMENDMENTS TO PART I V OF THE

FRIENDLY SOCIETIES ACT, 1 9 1 2 .

S C H E D U L E	6.—AMENDMENTS TO PART V OF THE
FRIENDLY SOCIETIES ACT,	1 9 1 2 .
S C H E D U L E	7.—AMENDMENTS TO PART V I OF THE
FRIENDLY SOCIETIES ACT,	1 9 1 2 .
S C H E D U L E	8.—AMENDMENT TO PART V I I OF THE
FRIENDLY SOCIETIES ACT,	1 9 1 2 .
S C H E D U L E	9.—AMENDMENTS TO PART V I I I OF THE
FRIENDLY SOCIETIES ACT,	1 9 1 2 .
S C H E D U L E	10.—AMENDMENTS TO PART I X OF THE
FRIENDLY SOCIETIES ACT,	1 9 1 2 .
S C H E D U L E	11.—AMENDMENTS TO PART X OF THE
FRIENDLY SOCIETIES ACT,	1 9 1 2 .

S C H E D U L E 12.—AMENDMENTS TO THE SCHEDULES

TO THE FRIENDLY SOCIETIES ACT, 1 9 1 2 .

The Friendly Societies Act, 1 9 1 2 , is amended in the manner set forth in Schedules 1 - 1 2 .

4.

( 1 ) A society formed before the commencement of Act, 1 9 1 2 , in accordance with the provisions of that Act in	Schedule 2 ( 4 ) may be registered under the Friendly Societies
force immediately before that commencement.

5 .

( 2 ) An acknowledgment of the establishment of a

new branch issued by the Registrar under section 2 2 ( 2 ) of the Friendly Societies Act, 1 9 1 2 , before the commencement of Schedule 2 ( 1 2 ) shall, after that commencement, be deemed to be an acknowledgment of the registry of that branch issued under that section, as amended by Schedule

2     ( 1 2 ) .

SCHEDULE 1.

AMENDMENTS TO PART I OF THE FRIENDLY SOCIETIES ACT,

1912.

(1) (a) Section 1—

From the matter relating to Part II, omit "19",

insert instead "19A".

(b) Section 1—

After the matter relating to Part II, insert:—

PART HA.—ADVISORY COMMITTEE—

ss. 2 5 B , 25C.

(c) Section 1—

From the matter relating to Part HI, omit

"Accounts", insert instead "Accounts, registers".

(d) Section 1—

From the matter relating to Part in, omit

"Contributions to other societies, and subscrip­

tions to hospitals—ss. 4 3 , 4 4 . " insert instead : —

Contributions to other societies, and subscrip­

tions to charity—ss.	4 3 , 4 4 .
Power to join association under	Co-operation

Act, 1 9 2 3 — s . 44A.

Power to raise loans—s. 44B .

SCHEDULE I—continued.

AMENDMENTS TO PART I OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(e) Section 1—

At the end of the matter relating to Part I V , insert:—

Assignment of certain benefits—s. 59A.

Charge over certain benefits—s. 59B.

(f) Section 1—

Omit the matter relating to Part V I , insert instead :—

PART VI.—INSPECTION AND SUSPENSION OF

BUSINESS—ss. 69-7 1A.

(g) Section 1—

After "Registered office—s. 1 0 7 . " in the matter

relating to Part X, insert:—

Notice of membership of committees of

societies—5. 107A.

(2) (a) Section 4, definition of "Advisory Committee"—

Before the definition of "Amendment of rule", insert :—

"Advisory Committee" means the Friendly Societies Advisory Committee constituted under this Act.

S C H E D U L E 1—continued.

AMENDMENTS TO PART I OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(b) Section 4, definition of "Books"—

After the definition of "Amendment of rule", insert:—

"Books" includes registers, accounting records, documents or other records of informa­ tion however compiled, recorded or stored whether in written or printed form or on microfilm or by electronic process or otherwise.

(c) Section 4 , definition of "Branch"—

Omit "of the rules or establishment".

(d) Section 4 , definition of "Regulation"—

After the definition of "Registrar", insert: —

"Regulation" means regulation made under

this Act.
SCHEDULE 2.

AMENDMENTS TO PART I I OF THE FRIENDLY SOCIETIES ACT,

1912.

(1) Section 6—

Omit "The office of the Registrar shall, with the approval of the Governor", insert instead "The Registrar may".

(2) (a) Section 10 (4)—

Omit "one hundred dollars", insert instead

" $ 1 0 0 " .

(b) Section 10 (5) ( a )—

Omit ", or any Act amending or replacing that

Act".

(3) Sections 11, 12—

Omit "-1963" wherever occurring.

(4) Section 13—

Omit the section, insert instead :—

13. (1) No society formed after the commence­
ment of Schedule 2 (4) to the Friendly Societies

(Amendment) Act, 1976, shall be registered under

this Act unless—

(a) a meeting was held for the purpose of forming the society;

(b) at that meeting there were presented—

(i)   a written statement showing the objects of the proposed society and the reasons for believing that, ii registered, it would be able to carry out its objects successfully; and

S C H E D U L E 2—continued.

AMENDMENTS TO PART I I OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(ii)   a copy of the rules which it was

proposed would be tendered for
registration; and

(c)	at the meeting or any subsequent meeting or
adjourned meeting 1 0 0 or more persons of or above the age of 1 8 years—

(i)   approved the rules with or without amendment;

(ii)   were qualified to be members under the rules as so approved;

(iii) signed duly completed applications
for membership; and

(iv)   elected the first committee and the trustees of the society.

( 2 ) Notwithstanding subsection ( 1 ) (c) , a

society formed with less than 1 0 0 members of or above the age of 1 8 years may, if the Registrar so approves, be registered under this Act.

( 5 ) (a) Section 1 4 ( 1 ) , ( 1 A ) —

Omit section 1 4 ( l ) , insert instead :—

( 1 ) An application to register a society formed after the commencement of Schedule 2

( 4 ) to the Friendly Societies (Amendment) Act,

1 9 7 6 , shall—

(a) be made in the prescribed manner to

the Registrar;

S C H E D U L E 2—continued.

AMENDMENTS TO PART II OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(b) be made within 2 months after the

meeting referred to in section 13 (1) (c) or within such further period as the Registrar may allow; and

(c) be accompanied by—

(i)   a statutory declaration by the

chairman and the secretary of the meeting referred to in section 13 (1) (c) as to com­ pliance with the requirements of section 13;

(ii)   a copy of the statement pre­

sented to that meeting signed by the chairman and secretary of that meeting;

(iii)   2 copies of the rules signed by

the chairman and secretary of that meeting and certified by them as being the rules

approved in accordance with section 13 (1) (c) ;

(iv)   a list containing the full name

and address of each person who attended that meeting and who signed an application for mem­ bership and containing a description of the benefits to be subscribed for by each such person;

S C H E D U L E 2—continued.

AMENDMENTS TO PART I I OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(v)   a list containing the full name,

occupation and address of each committee member, trustee and other officer (if any) autho­ rised to sue and be sued on behalf of the society; and

(vi)   such other particulars as may be prescribed.

(1A) The statutory declaration mentioned in subsection (1) (c) (i) may be accepted by the Registrar as sufficient evidence of compliance with the requirements of section 13.

(b) Section 14 ( 2 ) —

Omit "the society so sent shall", insert instead "a society in respect of which an application for registry is made under subsection ( 1 ) shall, in addition to rules otherwise required by this Act

or the regulations to be included,".

(c) Section 14 (3 )—

Omit "is signed by the secretary and every trustee and other officer", insert instead "referred to in subsection (1) (c) (v) is signed by each committee member, trustee and other officer".

S C H E D U L E 2—continued.

AMENDMENTS TO PART II OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(6) Section 15—

Omit the section, insert instead :—

15. (1) If the Registrar is satisfied—

(a)	that a society in respect of which an applica­ tion for registry is made under section 14 (1) has complied with the provisions of this Act and the regulations in so far as they are applicable;
(b)	that the rules of the society are not contrary to this Act or the regulations and are such as may reasonably be approved by him;
(c)	that there are reasonable grounds for believing that the society, if registered, will be able to carry out its objects successfully; and
(d)	that there is no reasonable cause why the society and its rules should not be registered,

the Registrar shall register the society and its rules

registry specifying the designation of the society and,	and issue to the society an acknowledgment of
if the society has branches, the designation of those branches.
(2) An acknowledgment of registry issued under subsection (1) shall, unless it is proved that the registry of the society has been suspended or cancelled, be conclusive evidence that the society and its rules are duly registered.

SCHEDULE 2—continued.

AMENDMENTS TO PART I I OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(3) The Registrar may refer any application for registry made under section 14 (1) to the Advisory Committee.

(4) The Advisory Committee may recommend to the Registrar that a society whose application for registry is referred to the Committee under subsection (3) should not be registered if the Committee is of the opinion—

(a)	that in the area in which the society proposes to operate, the benefits which it is designed to provide are capable of being provided by an existing registered society or branch;
(b)	that the society is not a bona fide friendly society; or
(c)	that the society is not designed or intended to serve equitably the interests of its members and prospective members.

(5) Notwithstanding subsection (1), upon the receipt within the time specified by the Registrar of a recommendation under subsection (4), the Registrar shall refuse to register the society.

(7) Section 18 (2 )—

After "Act", insert "or the regulations and is such as may reasonably be approved by him and that there is no reasonable cause why the amendment should not be registered".

SCHEDULE 2—continued.

AMENDMENTS TO PART II OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(8) Section 19A—

After section 19, insert:—

19A. ( I ) A registered society or branch shall not, without the approval of the Advisory Committee, commence to advertise for membership after it is registered under this Act.

( 2 ) The Registrar may refuse to register a

society or branch formed after the commencement of Schedule 2 (8) to the Friendly Societies (Amend­ ment) Act, 1976, which did not obtain the approval of the Registrar to the contents of any advertisemenl seeking members for the society or branch that was published before it is registered under this Act.

(9) Section 2 0 A —

After section 2 0 , insert:—

20A. NO society with branches which is formed Friendly Societies (Amendment) Act, 1976, shall be	after the commencement of Schedule 2 ( 4 ) to the
registered under this Act unless—

(a)	the provisions of section 13 are complied with; and
(b)	each branch of the society has elected delegates to the central body of the society and a committee of the branch and, where the rules of the society so provide, trustees of the branch.

S C H E D U L E 2—continued.

AMENDMENTS TO PART II OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(10) (a) Section 21 (b )—

After "names", insert ", occupations and addresses".

(b) Section 21 ( b l ) —

After section 21 (b), insert :—

(bl ) a list of the names, occupations and addresses of the delegates from each branch to the central body of the society and of the members of the committee of each branch; and

(11) Section 22 (1) (c )—

After "names", insert ", occupations and addresses".

(12) Section 22 (2), ( 3 ) —

Omit section 22 (2), insert instead :— (2) If the Registrar is satisfied—

(a)	that the establishment of the new branch and its rules are not contrary to this Act or the regulations;
(b)	that the rules of the new branch are such as may reasonably be approved by him; and
(c)	that there is no reasonable cause why the new branch and its rules should not be registered,

SCHEDULE 2—continued.

AMENDMENTS TO PART I I OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

the Registrar shall register the branch and its rules and issue to the society of which the branch forms part an acknowledgment of registry.

(3) An acknowledgment of registry issued under subsection (2) shall, unless it is proved that the registry of the branch has been suspended or cancelled, be conclusive evidence that the branch and its rules are duly registered.

(13) Section 23—

Omit "acknowledge the establishment of a new branch or to register the rules of", insert instead "register".

(14) (a) Section 25 (1) (a)—

Omit "or".

(b) Section 25 (1) (b )—

Omit ", or of any Act hereby repealed, or

has ceased to exist; or", insert instead "the

regulations or its rules;".

(c) Section 25 (1) (c), (d), (e), (f), (g)—

Omit section 25 (1) (c), insert instead:—

(c)	with the approval of the Governor, in any case where he may award the dissolution of a society or branch under
section 66 ( 4 ) ;

SCHEDULE 2—continued.

AMENDMENTS TO PART I I OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(d)	if a society or branch has terminated or been dissolved under section 6 4 or has otherwise ceased to exist;
(e)	if a society or branch has not commenced business within a year of registry or has suspended business for more than 6 months;
(f)	if there are, and have been for a period of one month immediately before the date of the cancellation of the registry of a society or branch, insufficient members to form a quorum of the committee of the society or branch; or
(g)	if, in the case of a society formed after the commencement of Schedule 2 ( 4 ) to the Friendly Societies (Amendment) Act,

1 9 7 6 , the number of members of the

society is reduced to less than the mini­

mum number of members required at the time of its registry, or if, in any other

case, the number of members of the

society is reduced to less than 7,

(d) Section 25 ( 1 ) —

After "cancel", insert ", or suspend for any term not exceeding 3 months,".

SCHEDULE 2—continued.

AMENDMENTS TO PART I I OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(e) Section 2 5 ( 2 ) —

Omit the subsection, insert instead :—

( 2 ) The Registrar may, with the approval of the Governor in the case of a suspension of registry under subsection ( 1 ) (b) or (c), renew the suspension of the registry of a society or branch for any term not exceeding 3 months.

(f) Section 2 5 ( 3 ) —

Omit "except at its request", insert instead "except pursuant to subsection ( 1 ) (a) or (d)".

(g) Section 2 5 ( 3 ) , proviso—

Omit "in pursuance of subsection two of this section the Registrar with the approval of the Governor", insert instead "the Registrar".

(h) Section 2 5 ( 7 ) —

Omit "forty dollars", insert instead " $ 1 0 0 " .

SCHEDULE 3.

INSERTION OF PART IIA INTO THE FRIENDLY SOCIETIES ACT, 1 9 1 2 .

Part I IA—

After Part I I , insert :—

PART IIA.

ADVISORY COMMITTEE.

2 5 B . ( 1 ) There shall be a Friendly Societies Advisory Committee consisting of such number of members as may be determined by the Minister, being

SCHEDULE 3—continued.

INSERTION OF PART IIA INTO THE FRIENDLY SOCIETIES ACT,

1912—continued.

not less than five and not exceeding nine or, where some other maximum number is prescribed, not exceeding the prescribed maximum number.

( 2 ) One of the members of the Advisory

Committee shall be the person who for the time being holds the office of Registrar and he shall, by virtue of that office, be the chairman and executive member of the Advisory Committee.

( 3 ) A majority of the members of the

Advisory Committee shall be officers of a registered society or of registered societies.

( 4 ) A deputy or alternate member may be

appointed to attend any meeting of the Advisory Committee at which a member is unable to be present.

(5) The members (other than the chairman) and deputy or alternate members of the Advisory Committee shall be appointed by the Minister and shall hold office for such period as he may deem fit and may be removed from office by him.

( 6 ) Meetings of the Advisory Committee may

be convened by the chairman or by any 2 members.

(7) Each member and deputy or alternate member of the Advisory Committee shall, unless he is an officer of the Public Service or a member of the Legislative Council or the Legislative Assembly of New South Wales, be entitled to receive such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of him.

S C H E D U L E 3—continued.

INSERTION OF PART IIA INTO THE FRIENDLY SOCIETIES ACT,

1912—continued.

25c. It shall be the duty of the Advisory Com­ mittee—

(a) to submit recommendations to the Minister

for the more effective operation of friendly societies and in respect of proposed regula­ tions ;

(b) to report on such other matters relating to

friendly societies and the provision of benefits as may be referred to it by the Minister;

(c) to tender advice to the Registrar on such

matters as may be referred to it by him; and

(d) to perform such other functions as are

prescribed by this Act or the regulations.

SCHEDULE 4.

AMENDMENTS TO PART II OF THE FRIENDLY SOCIETIES ACT,

1912.

(1) (a) Section 26 (2) (a) (iii)—

After section 26 (2) (a) (ii), insert:—

(iii)   which is governed solely by delegates from other registered societies or branches pursuant to section 43 (1) , by those delegates;

(b) Section 26 (3 )—

Omit "as amended by subsequent Acts,".
SCHEDULE 4—continued.

AMENDMENTS TO PART II OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(c) Section 26 (6 )—

After "thereof", insert "and in the case of a registered society governed solely by delegates pursuant to section 43 (1) to those delegates".

(d) Section 26 (7 )—

After "branch" where secondly occurring, insert ", and in the case of a registered society governed solely by delegates pursuant to section 43 (1) , be transmitted to those delegates".

(2) Section 27 (2) (b )—

Omit ", as amended by subsequent Acts".

(3) Section 29—

Omit the section.

(4) (a) Section 32 (3 )— Omit "in the form prescribed by regulations made under this Act", insert instead "in the prescribed form".

(b) Section 32 (4 )—

Omit the subsection.

SCHEDULE 4—continued.

AMENDMENTS TO PART III OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

( 5 ) Sections 32A, 3 2 B —

After section 3 2 , insert:—

32A. ( 1 ) A person shall not be qualified to be a

trustee of a registered society or a branch of that
society—

(a)	unless he is a member of that society or of any branch of that society;
(b)	if he is the secretary, treasurer or employee of that society or of that branch; or
(c)	if he, his partner, a person in his employ­ ment or his employer acts as solicitor or auditor to that society or to that branch.

( 2 ) A person who, immediately before the

commencement of Schedule 4 ( 5 ) to the Friendly Societies (Amendment) Act, 1 9 7 6 , was a trustee of a registered society or branch and who, after that com­ mencement, was not qualified under subsection ( 1 ) to

be such a trustee shall, unless he sooner dies or resigns	or is removed from his office, be deemed to have
vacated his office on the expiry of the period of 1 2 months after that commencement.

3 2 B . ( 1 ) Where a trustee of a registered society or

branch—

(a) is absent from New South Wales or is about to depart therefrom; or

SCHEDULE 4—continued.

AMENDMENTS TO PART III OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(b) is by reason of illness or of any other cause unable to perform his duties as trustee,

he may, by an instrument in writing sent to and registered by the Registrar, delegate his duties as trustee.

( 2 ) A trustee may not delegate his duties

under subsection ( 1 ) unless—

(a)	his co-trustees and the committee of the registered society or branch consent to the delegation; and
(b)	the delegation is to a person residing in New South Wales who is a co-trustee or is capable of being appointed a trustee of the registered society or branch.

(3) A delegation may be made under sub section ( 1 ) in respect of the whole or any part of the duties of the trustee.

operate until revoked by the trustee who made the ( 4 ) A delegation under subsection ( 1 ) shall	delegation or by the committee of the registered society
or branch by a notice of revocation sent to and registered by the Registrar.

( 5 ) A delegation shall not be made under

subsection ( 1 ) unless there will be remaining in New South Wales to perform the duties of trustee of the registered society or branch 3 persons whether as trustee or delegate.

S C H E D U L E 4—continued.

AMENDMENTS TO PART III OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(6) Two or more trustees may delegate their duties under subsection (1) concurrently.

(7) A trustee of a registered society or branch shall remain answerable for all acts and omissions of his delegate within the scope of the delegation as if they were the acts or omissions of the trustee and the delegate shall be subject to the pro­ visions of this Act so far as it relates to the performance of the duties delegated in the same manner as if he were the trustee.

(6) (a) Section 36 (1) ( a )—

Omit "or".

(b) Section 36 (1) (b) , ( c )—

Omit the paragraphs, insert instead :—

(b) becomes bankrupt, applies to take the	benefit of any law for the relief of bank­
rupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;
(c)	becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act, 1958, or a person under detention under Part VII of that Act;

S C H E D U L E 4—continued.

AMENDMENTS TO PART I I I OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(c) Section 36 (1) (d )—

After "trustee;", insert "or".

(7) (a) Section 38, short heading—

After "Accounts", insert ", registers'".

(b) Section 38 (3 )— Omit "forty dollars", insert instead "$100".

(8) Section 38A—

After section 38, insert: —

Registers and accounts.

38A. (1) A registered society or branch shall keep such registers and accounts as may be prescribed.

(2) The registers shall include—

(a) a register of members;

(b) a register of trustees and of committee

members;
(c)	in the case of a society, a register of loans raised and securities given by the society;
(d)	a register of the investments made by the society or branch;
(e)	a register of lands held by the society or branch;
(f)	a register of nominations made under section 4 9 ; and
S C H E D U L E	4—continued.

AMENDMENTS TO PART I I I OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(g) a register of loans made and of securities

taken by the society or branch.

(3) The registers shall be kept in such manner and shall contain such particulars as may be prescribed.

(9) (a) Section 39 (1) (c)—

Omit the paragraph.

(b) Section 39 (1) (d)—

Omit "fund.", insert instead "fund; or".

(c) Section 39 (1) (e)—

After section 39 (1) (d), insert :—

(e) subject to subsection (1A), in shares in, or deposits with, any permanent building society registered under the Permanent Building Societies Act, 1967.

(d) Section 39 (1A)—

After section 39 (1), insert :—

(1A) The total nominal value of shares in, or deposits with, permanent building societies that may be acquired or made pursuant to subsection (1) (e)—

(a)	in the case of a registered society with­
out branches—by the trustees of that society; or

SCHEDULE 4—continued.

AMENDMENTS TO PART I I I OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(b) in the case of a registered society with branches—by the trustees of that society or any of those branches,

shall not exceed $50,000, or where some other

amount is prescribed, the prescribed amount.

(10) Section 40—

Omit "in the form in the Schedule Three hereto", insert instead "in the prescribed form".

(11) Section 43, short heading—

Omit "hospitals", insert instead "charity".

(12) Section 44—

Omit the section, insert instead :—

44. If authorised by its rules, a registered society or, with the approval of the central body, a branch may, out of any surplus which has arisen in its management or benevolent fund, make contributions for charitable purposes that do not exceed an amount specified in the rules for the purposes of this section.

(13) Sections 44A, 44B—

After section 44, insert :—

Power to join association under Co-operation Act,

1923.

44A. (1) A registered society may join an associa­ tion of societies registered under the Co-operation Act,

1923.

SCHEDULE

S C H E D U L E 4—continued.

AMENDMENTS TO PART I I I OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(2) Nothing in subsection (1) shall

authorise a registered society to subscribe by any means to the funds of any such association a sum which exceeds $2,000 or such greater amount as may be approved by the Advisory Committee.

Power to raise loans.

4 4 B . ( 1 ) Subject to this section, a registered society may, if authorised by its rules and within the limits provided in this section, raise money on loan to be applied to the purposes of the society.

( 2 ) Where a registered society is authorised

by its rules to raise money on loan, the society may raise the money in such manner as the trustees may, with the consent of the committee of the society, think fit and in particular by mortgage of all or any part of the property and rights (both present and future) of the society, including subscriptions, loan payments and other money.

(3) Subject to subsection ( 4 ) , a registered society shall not in any financial year raise a loan of an amount that, if added to the amount owing as at the last day of the next preceding financial year in respect of all loans made to it, would produce an amount greater than twenty per centum, or where some other percentage is prescribed, the prescribed percentage of the amount of the assets of the society as at that day.

SCHEDULE 4—continued.

AMENDMENTS TO PART I I I OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(4) Where the Registrar so approves upon the recommendation of the Advisory Committee, a registered society may, in accordance with such limits, terms and conditions as the Registrar may impose, raise a loan of an amount in excess of that prescribed by subsection (3) .

( 5 ) The provisions of sections 7 0 and 7 3 and

Division 7 of Part I V of the Companies Act, 1 9 6 1 , shall, subject to such modifications (if any) as may be prescribed, apply to and in respect of any mortgage or charge created by a registered society, not being a mortgage, charge or encumbrance of specific lands

duly registered under the Real Property Act, 1 9 0 0 , or the Registration of Deeds Act, 1 8 9 7 , in the same way
as they apply to and in respect of debentures and

charges.

( 6 ) For the purposes of subsection ( 5 ) , a

reference in any of the provisions of the Companies Act, 1 9 6 1 , referred to in that subsection to the Corporate Affairs Commission shall be construed as a reference to the Registrar.

( 7 ) An acknowledgment or security of any

kind given by a registered society for a loan shall have printed or written thereon a statement that the society is only entitled to receive loans within the limits provided in this Act.

( 8 ) No person lending money to a registered

society shall be bound to see to the application thereof or be in any way affected or prejudiced by the fact that the society, in borrowing that money, has contravened the provisions of this Act, the regulations or the rules of the society.

SCHEDULE 4—continued.

AMENDMENTS TO PART III OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

( 1 4 ) Section 4 6 ( 2 ) —

Omit "police or".

SCHEDULE 5.

AMENDMENTS TO PART IV OF THE FRIENDLY SOCIETIES

ACT, 1 9 1 2 .

( 1 ) (a) Section 4 9 ( 1 ) —

Omit "book", insert instead "register".

(b) Section 4 9 ( 1 ) —

Omit "one thousand dollars", insert instead
" $ 1 , 2 0 0 or, where a greater sum is prescribed,

that prescribed sum".

( 2 ) Section 5 0 ( 1 ) —

Omit ", not exceeding the said sum of one thousand dollars".

(3) (a) Section 5 1 ( 1 ) —

Omit "one thousand dollars", insert instead
" $ 1 , 2 0 0 or, where a greater sum is prescribed,
that prescribed sum".

SCHEDULE 5—continued.

AMENDMENTS TO PART IV OF THE FRIENDLY SOCIETIES

ACT, 1912—continued.

(b) Section 51 (2) , (2A), (2B) , (2c )—

Omit section 51 (2) , insert instead :—

(2) If any member of a registered society or branch entitled from the funds thereof to a sum not exceeding that referred to in subsection (1) dies testate and without having made any nomina­ tion thereof then subsisting, the society or branch may distribute that sum among such persons as appear to a majority of the trustees, upon such evidence, supported by statutory declaration, as they may deem satisfactory, to be entitled to receive that sum under the will of the deceased member.

(2A) The provisions of this section shall extend to any surplus, not exceeding the sum referred to in subsection (1) , arising on the sale by the registered society or branch as mortgagee of any property mortgaged by the deceased to the society or branch.

(2B) The provisions of this section are subject to section 122 of the Stamp Duties Act, 1920.
(2c) No payment shall be made by a regis­

tered society or branch under this section after

evidence has been produced to that society or

branch that letters of administration of the estate, or probate of the will, of the deceased member have or has been granted.

(4) Section 55—

Omit ", containing the particulars mentioned in this

Act".

(5) Sections 56, 57, 58—

Omit the sections.

S C H E D U L E 5—continued.

AMENDMENTS TO PART IV OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(6) Sections 59A, 5 9 B —

After section 5 9 , insert:—

Assignment of certain benefits.

59A. ( 1 ) In this seotion, "contract" means a con­

tract by which a registered society or branch has
contracted to provide a benefit under section 1 0 ( 1 )
(c) or (d) .

( 2 ) A contract shall not, after the commence­

ment of Schedule 5 ( 6 ) to the Friendly Societies

(Amendment) Aot, 1 9 7 6 , be assigned except—

(a) by way of mortgage for a term which, except

where the rules of the registered society or branch liable under the contract otherwise provide, does not exceed 1 0 years;

(b) to a registered society or branch, a bank

referred to in section 3 9 ( 1 ) (a) , a credit union registered under the Credit Union

Act, 1 9 6 9 , a co-operative society registered
under the Co-operation Act, 1 9 2 3 , a

building society registered under the
Permanent Building Societies Act, 1 9 6 7 , or

the spouse, or a dependant within the meaning of section 1 0 (6) , of the transferor; and

(c)	by memorandum of transfer in or to the
effect of the prescribed form and signed by the transferor and by the transferee.

S C H E D U L E 5—continued.

AMENDMENTS TO PART I V OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(3) An assignment made under subsection (2) is not valid until registered in accordance with this section by the registered society or branch liable under the contract.

(4) The transferor of an assignment made under subsection (2) shall deliver at or send to the registered office of the registered society or branch liable under the contract 2 copies of the memorandum of transfer.

(5) Upon the receipt of a memorandum of transfer under subsection (4), the registered society or branch shall—

(a)	register the assignment in a register provided by the society or branch for that purpose;
(b)	insert the date of registration in both copies of the memorandum;
(c)	cause both copies of the memorandum to be signed by the secretary of the society or branch or a person authorised by him in
writing to do so; and
(d)	retain one copy of the memorandum and send the other copy to the transferee.

(6) A copy of a memorandum of transfer signed as provided by subsection (5) (c )—

(a)	is conclusive evidence of the registration of
the assignment and of the date of registra­ tion; and
S C H E D U L E	5—continued.

AMENDMENTS TO PART I V OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

(b) is, as between the registered society or

branch liable under the contract and any person claiming any benefit under the contract, conclusive evidence for all purposes that the transferee was at the time of registration the person legally entitled to receive and give a discharge for the benefit provided by the contract free from all trusts, rights, equities and interests (except any charge that the society or branch has upon that benefit).

( 7 ) The transferee under a duly registered

assignment under this section has all the powers and is subject to all the liabilities of the transferor under the contract and may sue in his own name on the contract but, except as provided in the rules of the registered society or branch liable under the contract, nothing in this section shall be construed to admit the transferee to membership of the society or branch or to deprive the transferor of his membership in respect of his subscription to the benefit provided under the contract.

( 8 ) The receipt of the transferee is a

discharge to the registered society or branch liable under a contract for all money paid by the society or branch under the contract.

( 9 ) A discharge or surrender of or security

over the contract given to the registered society or branch by the transferee is valid and effectual notwith­ standing the existence of any trust, right, equity or interest of any other person.

S C H E D U L E 5—continued.

AMENDMENTS TO PART I V OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

( 1 0 ) A registered society or branch taking a

discharge, surrender or security under subsection ( 9 ) is not required or concerned to inquire or ascertain the circumstances in which or the consideration for which the transferee or any previous transferee became a transferee, or, except as provided in subsection ( 1 2 ) , be affected by express, implied or constructive notice of any trust, right, equity or interest of any other person.

( 1 1 ) Section 48 does not apply to a

transferee under a duly registered assignment under

this section.

( 1 2 ) Notwithstanding anything contained in

this section, a registered society or branch liable under a contract shall not be entitled to any protection under this section or to rely upon any of the provisions of this section if the society or branch has not acted in good faith or has received express notice in writing of any trust, right, equity or interest of any person.

( 1 3 ) The rights and liabilities arising under

a contract shall not be deemed, either at law or in

equity, to be merged or extinguished by reason only	of an assignment of the contract under this section to
the registered society or branch liable under the contract.

Charge over certain benefits.

5 9 B . A registered society or branch shall have a charge over any benefit provided under section 1 0

( 1 ) (c) or (d) which a person is legally entitled

to receive in respect of any debt due to the society or

S C H E D U L E 5—continued.

AMENDMENTS TO PART IV OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

branch by that person arising from any unpaid sub­ scriptions for that benefit or the assignment of that benefit by that person to the society or branch by way of mortgage and the society or branch may set off any money payable to that person in or towards payment of the debt.

S C H E D U L E 6.

AMENDMENTS TO PART V OF THE FRIENDLY SOCIETIES ACT,

1 9 1 2 .

( 1 ) (a) Section 6 4 ( 1 A ) —

After section 6 4 ( 1 ) , insert: —

(1A) In the case of the termination of the

branch of a registered society under subsection

( 1 ) (a) , the secretary of that society shall, within

1 4 days of the termination, send notice of the termination to the Registrar in the prescribed form.

(b) Section 6 4 ( 5 ) —

Omit "of the district within which the chief or any other place of business of the society is situate".

S C H E D U L E 6—continued.

AMENDMENTS TO PART V OF THE FRIENDLY SOCIETIES ACT,

1912—continued

( 2 ) (a) Section 66 ( 2 ) (a) , (b)—

Omit the paragraphs, insert instead :—

(a) the grounds on which it is alleged that the

Registrar may award the dissolution of the society or branch; and

(b) Section 66 (3A) —

After section 66 (3), insert :—

(3A) The Registrar may, on his own motion and without any application, by himself or by his deputy whom he may appoint in writing under his hand, investigate the affairs of a registered society or branch.

(c) Section 66 ( 4 ) —

Omit the subsection, insert instead :—

( 4 ) If, upon an investigation under subsection

( 1 ) or (3A), it appears—

(a) that the funds of the society or branch

are insufficient to meet the existing

claims thereon, or that the rates of contribution are insufficient to cover the benefits assured or that the society or branch is unable to pay its debts as they fall due; or

(b) that, in view of the funds of the society or branch and the rates of contribution, the benefits provided by the society or branch are inadequate,

SCHEDULE

S C H E D U L E 6—continued.

AMENDMENTS TO PART V OF THE FRIENDLY SOCIETIES ACT,

1912—continued.

the Registrar may, if he considers it expedient so to do, award that the society or branch shall be dissolved and its affairs wound up and shall direct the manner in which the assets of the society or branch shall be divided or appropriated.

(3) Section 66A—

After section 66, insert :—

66A. (1) A registered society may be dissolved and its affairs wound up by an award of the Registrar upon application by the society.

( 2 ) An application under subsection ( 1 )

may not be made unless confirmed by a special reso­ lution of the members of the society or, in the case of a society with branches, by a special resolution of the central body of the society.

(3) Section 66 applies to and in respect of

an award of the Registrar under this section in the
same way as it applies to and in respect of an award

of the Registrar under section 66.

(4) Section 67—

After "societies", insert "other than dissolution by the award of the Registrar under section 66".

S C H E D U L E 7.

AMENDMENTS TO PART V I OF THE FRIENDLY SOCIETIES ACT,

1912.

(1) Part V I , heading—

After "INSPECTION", insert "AND SUSPENSION OF

BUSINESS".

(2) Sections 71, 71A—

Omit section 71, insert instead :—

71. A registered society and branch shall at all reasonable hours produce for the inspection of any member or person having an interest in the funds of the society or branch—

(a)	a copy of the last annual return of the society or branch;
(b)	a copy of the last quinquennial valuation of the society or branch;
(c)	the books of the society or branch relating to the account of that member or person at the society or branch; and

(d) a copy of the rules of the society or branch.

71 A. (1) If, with respect to any registered society or branch, the Registrar considers it expedient to do

so in the interests of members of, persons having an

interest in the funds of, or persons who may become members of, the society or branch he may, by notice in writing served on the society or branch with the approval of the Minister, direct that the society or branch shall not accept any new members or enter into a new contract with any member of the society or branch until the expiration of such time as may be specified in the notice or until the direction is with­ drawn under subsection (4), whichever is the earlier.

SCHEDULE 7—continued.

AMENDMENTS TO PART VI OF THE FRIENDLY SOCIETIES

ACT, 1912—continued.

(2) The Registrar may, with the approval of
the Minister and by a further notice, extend the time

specified in any notice served under subsection (1).

( 3 ) A registered society or branch to which

subsection (1) applies may make representations to the Advisory Committee with respect to the direction within one month of the direction being given and the Advisory Committee shall report thereon to the Minister.

(4) Upon receipt of a report under subsec­ tion (3), the Minister may direct the Registrar to withdraw the direction and the Registrar shall there­ upon withdraw the direction.

(5) A registered society or branch shall not

contravene a direction given to it and in force under

subsection (1) .

SCHEDULE 8.

AMENDMENT TO PART VII OF THE FRIENDLY SOCIETIES

ACT, 1912.

Section 72—

Omit "a judge of a District Court", insert instead
"the District Court".

S C H E D U L E 9.

AMENDMENTS TO PART VIII OF THE FRIENDLY SOCIETIES

ACT , 1912.

(1) (a) Section 81 (1 )—

Omit "There", insert instead "Subject to sections

81B, 81c and 8ID, there".

(b) Section 81 (1) (a) , (b )—

Omit "to provide" wherever occurring, insert instead "to assure the payment of sickness benefits and funeral donations and to provide".

(c) Section 81 (5 )—

Omit the subsection, insert instead :—

(5) The regulations may prescribe an amount for the purposes of subsection (1) (a) by reference to a determination of the Minister or of the Registrar and may prescribe the manner in which any such determination shall be made.

(2) Sections 81B, 81c, 81D—

After section 81 A, insert:—

81B. NO payments shall be made, or be deemed to have been authorised to be made, under section 81 (1) for any year subsequent to that ending on 30th June, 1975, in respect of contributions chargeable under the rules of a registered society to provide the benefits of medical attendance and reimbursement

for medical attendance.

81c. (1) No payments shall be made under section 81 (1) for any year subsequent to that ending on the appointed day in respect of contributions chargeable under the rules of a registered society to provide the benefits of medicine and reimbursement for medicine.

(2) In subsection (1) , "appointed day" means a day (being 30th June, 1977, or 30th June in any subsequent year) appointed for the purposes of this section by the Governor by proclamation published in the Gazette.

SCHEDULE 9—continued.

A M E N D M E N T S T O PART V I I I O F T H E F R I E N D L Y S O C I E T I E S

A C T , 1912—continued.

8 I D . ( 1 ) A registered society which elects to be paid, or which the Minister directs shall be entitled to be paid, a terminating payment under this section shall not be entitled to any payment under section 8 1 ( 1 ) in respect of contributions chargeable under the rules of that society to assure the payment of sickness benefits and funeral donations.

( 2 ) For the purposes of subsection ( 1 ) , the

terminating payment which a registered society shall be paid under this section shall be an amount which the Minister determines, with the concurrence of the Treasurer, to be the value of all future payments that that society would be entitled to be paid under section

81 ( 1 ) in respect of contributions chargeable under

the rules of that society to assure the payment of

sickness benefits and funeral donations.

( 3 ) A terminating payment under this section

may be paid in a lump sum or by instalments of such amounts and over such period as the Minister, with the concurrence of the Treasurer, may approve.

( 4 ) An election or a direction under subsec­

tion ( 1 ) in respect of a registered society shall not
take effect until the end of a financial year of that

society.

( 3 ) Section 8 9 —

Omit "two hundred dollars", insert instead "$200".

( 4 ) Sections 9 0 , 9 1 —

Omit the sections.

SCHEDULE 10.

A M E N D M E N T S T O P A R T L X O F T H E F R I E N D L Y S O C I E T I E S

A C T , 1 9 1 2 .

( 1 ) Section 9 3 A —

After section 9 3 , insert:—

9 3 A . ( 1 ) A person who, being an undischarged bankrupt, acts as a committee member or trustee of, or directly or indirectly takes part in or is concerned in the management of, a registered society or branch except with the leave of the Supreme Court shall be guilty of an offence against this Act and, upon sum­ mary conviction, liable to a penalty of $ 1 , 0 0 0 or to imprisonment for a period of 6 months or to both such penalty and imprisonment.

(2) Where a person is convicted whether within or without the State—

(a) on indictment of any offence in connection with the promotion, formation or manage­ ment of a society, company or other corporation;

(b) of an offence involving fraud or dishonesty

punishable on conviction with imprisonment
for 3 months or more;
(c)	of any offence and sentenced to any period of imprisonment without the option of a fine; or
(d)	of an offence under section 124 of the Companies Act, 1961, or any other provision of that Act that may be prescribed,

SCHEDULE 10—continued.

A M E N D M E N T S TO PART I X OF T H E F R I E N D L Y S O C I E T I E S A C T ,

1912—continued.

and that person, within a period of 5 years after his conviction, or if he is sentenced to imprisonment, after his release from prison, without the leave of the Supreme Court is a committee member or trustee or promoter of, or is in any way, whether directly or indirectly, concerned or takes part in the management of, a registered society or branch, he shall be guilty of an offence against this Act and, upon summary con­ viction, liable to a penalty of $1,000 or to imprison­ ment for a period of 6 months or to both such penalty and imprisonment.

( 3 ) A person intending to apply for the leave

of the Court under this section shall give to the Minister not less than ten days' notice of his intention :so to apply.

(4) On the hearing of any application under this section the Minister may be represented at the hearing of, and may oppose the granting of, the application.

(2 ) (a) Section 96 (3 )—

Omit "forty dollars and costs", insert instead

"$100".

(b) Section 96 (3)—

Omit "and costs" where secondly occurring.

(c) Section 96 (3 )—

Omit ", with or without hard labour,".

(3) Section 97—

Omit "one hundred dollars", insert instead "$100".

S C H E D U L E 10—continued.

A M E N D M E N T S TO PART I X OF THE F R I E N D L Y S O C I E T I E S A C T ,

1912—continued.

(4) Sections 97A, 9 7 B —

After section 97, insert

97A. (1) If any person—

(a)	seeks, claims or receives any commission, fee or reward, whether pecuniary or other­ wise, from any person as a consideration or charge for procuring or obtaining, or offering or attempting to procure or obtain, for any person a loan from any registered society or branch; or
(b)	advertises or otherwise holds himself out as being able to arrange or obtain finance for any persons through or from any registered society or branch,

he shall be guilty of an offence and shall be liable to

a penalty not exceeding $200.

(2) Any sum received in contravention of
this section may be recovered by the person who paid

it from the person by whom it was received in an

action for debt in any court of competent jurisdiction. 97B. (1) If any officer of a registered society or

branch accepts any commission, fee or reward, whether pecuniary or otherwise, from any person for or in connection with a transaction had or to be had by that person with the society or branch, he shall be guilty of an offence and shall, upon summary convic­ tion, be liable to imprisonment for any term not exceeding 3 months or to a penalty not exceeding $200.

S C H E D U L E 10—continued.

A M E N D M E N T S TO PART I X OF T H E F R I E N D L Y S O C I E T I E S A C T ,

1912—continued.

(2) An officer who is guilty of any offence under subsection (1) shall further be liable to pay to the society or branch double the value or amount of the commission, fee or reward.

(5) Section 98—

Omit "of not less than two dollars and not more than ten dollars", insert instead "not exceeding $50".

(6) Section 99—

Omit "with hard labour".

(7) Section 100—

Omit the section, insert instead : —

100. (1) A penalty imposed by this Act or by any
regulation or by any rule of a registered society or

branch shall, except where otherwise expressly

provided in this Act, be recoverable summarily before	a stipendiary magistrate or any two justices of the
peace.
(2) Any penalty recoverable summarily under subsection (1) shall, if imposed by this Act or by any regulation, be recoverable at the suit of the Registrar or a member of the police force and, if imposed by any rule of a registered society or branch, shall be recoverable at the suit of the society or branch.

S C H E D U L E 10—continued.

A M E N D M E N T S TO PART I X O F T H E F R I E N D L Y S O C I E T I E S A C T ,

1912—continued.

(3) Notwithstanding anything in any Act, summary proceedings for any offence punishable under this Act and committed—

(a)	after the commencement of this subsection; or
(b)	before the commencement of this sub­ section, where the time for commencing summary proceedings under the law, as in force before the commencement of this subsection, had not, as at that commence­ ment, expired in respect of that offence,

may be brought within 3 years after the commission

of the offence.

SCHEDULE 1 1 .

A M E N D M E N T S TO PART X O F T H E F R I E N D L Y S O C I E T I E S A C T ,

1 9 1 2 .

( 1 ) Sections 104 , 1 0 4 A —

Omit section 104 , insert instead :—

( 1 ) Except with the consent of the Minister, a society shall not be registered by a name that, in the opinion of the Registrar, is undesirable, or is a name, or a name of a kind, that the Minister has directed the Registrar not to accept for registry.

1 0 4 .

( 2 ) The Minister shall cause a direction

given by him under subsection ( 1 ) to be published in
the Gazette.

S C H E D U L E 11—continued.

A M E N D M E N T S TO PART X O F T H E F R I E N D L Y S O C I E T I E S A C T ,

1912—continued.

104A. (1) No registered society or branch shall use any name or title other than its registered name or any abbreviation or elaboration of that name approved in writing by the Registrar to be used for any specified purpose.

( 2 ) A registered society or branch shall

cause its name to appear in legible characters on all business letters, notices, advertisements and other official publications of the society or branch and on all bills of exchange, cheques, promissory notes, endorsements, orders for money or goods, invoices, receipts and other documents required in the business of the society or branch.

(3) A registered society or branch shall paint or affix and keep painted or affixed on the outside of its registered office in a conspicuous position in letters easily legible its name and the words "Registered under the Friendly Societies Act, 1912".

( 2 ) Section 1 0 6 ( 1 ) —

After "name" where firstly occurring, insert "to a name by which it could be registered without con­

travening this Act".

(3) Section 1 0 7 A —

After seotion 107 , insert:—

Notice of membership of committees of societies.

107A. The secretary of a registered society shall, within 1 4 days after the re-election of the committee of the society or of the appointment of any member

SCHEDULE 11—continued.

A M E N D M E N T S TO PART X O F T H E F R I E N D L Y S O C I E T I E S A C T ,

1912—continued.

to fill a casual vacancy in the committee, send to the Registrar a list of the full name, occupation and address of each member elected to the committee or of the member appointed to fill the casual vacancy, as the case may be.

(4) (a) Section 113—

Omit ", or produce for his inspection,".

(b) Section 113 (b )—

Omit "receipts", insert instead "income".

(5) Section 114 (2 )—

Omit "police or".

(6) (a) Section 115 (1 )—

Omit "The Governor may determine", insert instead "The regulations may prescribe".

(b) Section 115 (3 )— After "Treasury", insert "to be carried to the

Consolidated Revenue Fund".

(7) (a) Section 117 (1)—

Omit the subsection, insert instead : —

(1) Acknowledgments of registry issued by the Registrar under this Act shall be in or to the effect of the prescribed form.

(b) Section 117 (3 )—

Omit the subsection.

SCHEDULE 11—continued.

A M E N D M E N T S TO PART X O F T H E F R I E N D L Y S O C I E T I E S A C T ,

1912—continued.

( 8 ) Section 1 1 8 ( 2 A ) —

After section 1 1 8 ( 2 ) , insert :—

(2A) A regulation may impose a penalty not exceeding $50 for any breach thereof.

SCHEDULE 12 .

A M E N D M E N T S TO T H E S C H E D U L E S TO T H E F R I E N D L Y

S O C I E T I E S A C T , 1 9 1 2 .

( 1 ) (a) Schedule Two, paragraph 6 —

Omit "receipts", insert instead "income".

(b) Schedule Two, paragraph 7—

Omit the paragraph.

( 2 ) Schedule T h r e e -

Omit the Schedule.