Friendly Societies (Further Amendment) Act 1931 (NSW)

FRIENDLY SOCIETIES (FURTHER

AMENDMENT) ACT.

Act No. 72, 1931.

An Act to amend the law regarding subventions to Friendly Societies; and for this and other purposes to amend the Friendly Societies Act, 1912, as amended by sub­ sequent Acts and certain other Acts; to repeal the Friendly Societies (Amendment) Act, 1922; and for purposes connected therewith. [Assented to, 29th December, 1931.]

lative Council and Legislative Assembly of New South	BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Le<ns-
Wales in Parliament assembled, and by the authority of the same, as follows :—
1. (1) This Act may be cited as the "Friendly Societies (Further Amendment) Act, 1931."
(2) In this Act the Friendly Societies Act, 1912, as amended by subsequent Acts, is referred to as the Principal Act.
(3) The Principal Act as amended by this Act may be cited as the Friendly Societies Act, 1912-1931. 2. (1) This section shall be deemed to have com­ menced on the first day of July, one thousand nine
hundred and thirty.

(b)

(2) The Principal Act is amended—

(a) by omitting from section seventy-five the words " moneys to be provided by Parliament" and by inserting in lieu thereof the words " the

amount appropriated by Parliament by the

Friendly Societies Subvention Act, 1931. A proportion of such amount shall be allocated as provided in this Part for each applicant society " ;

(b) by inserting at the end of section seventy-six the words " but does not include a society

formed for the purpose of supplying medical service and/or medicine and/or medical comforts

to the members of other registered societies
and branches " ;

(c) by omitting section seventy-eight;

(d)	by omitting section seventy-nine and by inserting in lieu thereof the following new section :—
79. The subvention in respect of any finan­ cial year shall be paid to applicant societies by

the Colonial Treasurer upon the certificate of the Registrar in the amounts certified to by him in such instalments as the Colonial Treasurer may fix.

(e) by omitting sections eighty and eighty-one and by inserting in lieu thereof the following

new section :—

80. (1) The amount of the subvention appropriated by the Friendly Societies Subven­ tion Act, 1931, shall be apportioned in the manner prescribed by this section.

(2) An applicant society shall forward to the Registrar not later than three months after the commencement of the Friendly Societies (Further Amendment) Act, 1931, and there­ after not earlier than the first day of July and not later than the thirtieth day of September

in each year a return in the form prescribed and verified in the prescribed manner showing the number of its members who on the thirtieth

day of June last preceding the date of the return being males, were not less than sixty-

five years of age, and being females, were not

less than sixty years of age, and who at that date were members subscribing for or in accordance with the rules of the socicty were possessed of the right to receive—

(a) sick pay ; and/or

(b)

(b) a funeral donation payable at the death

of the subscriber; and/or

(c) medical attendance and medicine.

The return shall also show such particulars
as are prescribed.

(3) The amount to be apportioned to an applicant society shall bear the same proportion to the sum of fifty thousand pounds as the membership value of that society ascertained in accordance with subsection four of this section bears to the aggregate of the membership values of all the applicant societies.

(4) The sum of the products ascertained

respectively in accordance with paragraphs (a),

(b), and (c) of this subsection shall be deemed

for the purposes of the apportionment of the

said sum of fifty thousand pounds to be the

membership value of an applicant society—

(a) the total number of members male and

female of the society of the class referred

to in paragraph (a) of subsection two of this section shall be multiplied by five;

(b) the total number of members male and

female of the society of the class referred

to in paragraph (b) of the said subsection shall be multiplied by two and a half;
(c)	the total number of members male and

female of the society of the class referred

to in paragraph (c) of the said subsection
shall be multiplied by nine.

(5) In any apportionment fractional

parts of a pound may be disregarded.

81. (1) The amount apportioned to an

applicant society shall be used by the society

for the purposes firstly of paying the contri­

butions in respect of funeral donations and/or

medical attendance and medicine for male

members of the age of sixty-five years or

more or for female members of the age of sixty
years or more, and secondly for the purposes of its sick and funeral fund and for no other purpose.

(2)

(2) Within one month of the payment to an applicant society of the amount appor­ tioned to it or any instalment thereof the trustees of the society shall furnish to the Registrar a certificate in the form prescribed and verified in the prescribed manner setting out the manner in which the amount paid has been applied in accordance with subsection one

of this section.

(f) by omitting section eighty-two and section eighty-three ;

(g) by omitting section eighty-five ;

(h) by omitting section eighty-six and by inserting in lieu thereof the following new section :—

80. Payments to an applicant society in respect of subvention under this Part shall be in respect of the period covered by the

returns submitted in accordance with section
twenty-seven.

(i)  by omitting from section eighty-seven the

word "registered" and by inserting in lieu
thereof the word " applicant" ;

( j ) (i) by omitting subsection one of section

eighty-eight:

(ii)   by omitting from subsection two of the same section the words "or branch."

(3) The Friendly Societies (Amendment) Act,

1922, is hereby repealed.

3. (1) The Principal Act is further amended—

(a) (i) by omitting from subsection one of section

ten the word " friendly " ;

(ii)   by inserting at the end of the same subsec­ tion the words: "This section shall not extend to a society registered under the Companies Act, 1899, or any Act amend­ ing or replacing that Act, or to a society company, association, or union formed in pursuance of some other Act, or incorporated by a Royal Charter or Letters Patent" ;

(b)

(b) (i) by inserting in paragraph (b) of subsection one of section twenty-five after the word

"society" the woi*ds "or branch";

(ii)  by inserting at the end of subsection three

of the same section the words : " Provided

that when the registry of a society or

branch has been suspended for a period

of three months in pursuance of subsec­

tion two of this section the Registrar with the approval of the Governor may cancel the registry of the society or branch with­ out giving the notice prescribed by this subsection " ;

(iii)  by inserting in subsection five of the same section after the word " society" where

secondly occurring the words " or branch " ;

(c) by omitting subsection two of section twenty-

eight ;

(d) by inserting at the end of subsection two of section thirty-two the words " A casual vacancy in the office of a trustee of a society may be filled in such manner as is provided in the rules of the society, or, if there is no pro­ vision in such rules in that behalf, by reso­ lution of the committee of management.

A trustee appointed to fill a casual vacancy shall hold office until the next ordinary annual meeting of the society " ;

(e) by inserting at the end of section fifty-four the

following proviso :—

Provided that the repayment by a society or

branch of premiums received on endowment

insurances issued on the life of a child under ten years of age shall be excluded for the pur­ pose of calculating the maximum sum which may be insured or paid on the death of a child under ten years of age.

(f) by omitting from section seventy the words " in connection with the annual returns or with the valuation of the assets and liabilities

of any friendly society " ;

(g ) by omitting section ninety-two;

(h)

(h) ( i) by inserting in section one hundred and

two after the word " subscription " where
firstly occurring the words " or fine " ;

(ii)   by inserting in the same section after the

word "resignation" the words "and for
fines then due";

(i)   by inserting at the end of section one hundred and four the following new subsection : —

(2) In the case of a society whose objects include the payment of money for the relief

or maintenance of members, their husbands, wives, children, fathers, mothers, brothers or
sisters, nephews or nieces, or wards during sickness or for any purpose set out in para­ graph (c) or paragraph (e) of subsection one of section ten the "words "unassured benefit" shall be included as part of the name of the

society unless the tables of contributions
payable for such kinds of assurance have been certified under the hand of an actuary

who has exercised his profession for at least

five years.

( j ) (i) by inserting in subsection one of section

one hundred and eighteen after the word "regulations" the words "not inconsistent

with this Act prescribing any matter which by this Act is authorised or permitted to

be prescribed or which is necessary or con­ venient to be prescribed for carrying this Act into effect, and without limiting the

make regulations" ; generality of the foregoing power may

(ii)  by omitting subsection two of the same section and by inserting in lieu thereof the following new subsection:—

(2) The regulations shall—

(a) he published in the Gazette ;

(b) take effect from the date of publica­ tion, or from a later date specified in the regulations ;

x (c)

(c) be laid before both Houses of Parlia­ ment within fourteen sitting days if Parliament is then in session, and if not, then within fourteen sitting days after the commencement of the next session.

I f either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after the regulations have been laid before such House disallowing any regulation or part thereof, the regulation or part shall thereupon cease to have effect.

(iii)  by omitting subsections three and four of the same section.

(2) Every regulation made prior to the commence­ ment of this Act and in force at such commencement shall continue in force until repealed by a regulation made after such commencement.

4.     (1) Notwithstanding any provision of the Friendly

Societies Act, 1912-1931, a society may, with the

approval of the Registrar transfer from its accumulated sick and funeral funds each year an amount not

exceeding one per centum of such funds to a fund
established in accordance with the rules of the society

for the purpose of enabling grants to be made towards
the payment of contributions of any member of the

society who satisfies the committee of management of
the societv that through necessitous circumstances he

is unable to pay any such contributions.

The committee of management of a society may make regulations not inconsistent with the rules of the society relating to the disbursement of any amount so trans-

ferred.

(2) The Governor may by proclamation pub­

lished in the Gazette vary the rate per centum of the accumulated sick and funeral funds which may be transferred in accordance with subsection one of this section.

(3) Subsection one of this section shall cease to

have effect upon the expiration of two years from the

commencement

commencement of tin's Act or upon such later date as the Governor may before the expiration of such two years by proclamation published in the Gazette appoint.

(-1) Where a society makes a transfer from its

sick or funeral funds in pursuance of subsection one of this section the Registrar may by writing under his hand require the society to impose such levy upon its members as he may deem necessary for the purpose of maintaining the financial position of the society.

The amount of such levy shall, notwithstanding any

provision of the Friendly Societies Act, 1912-1931, be

recoverable as a subscription due.