Friendly Societies (NT) Act (NT)

NORTHERN TERRITORY OF AUSTRALIA

FRIENDLY SOCIETIES (NT) ACT 1997

As in force at 1 September 1997

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary1 — Short title2 — Commencement3 — Interpretation4 — Crown to be boundPart 2 — Friendly Societies (NT) Code and Friendly Societies (NT) Regulations5 — Application in the Territory of Friendly Societies Code6 — Application of Regulations7 — Interpretation of some expressions in Friendly Societies (NT) Code and in Friendly Societies (NT) RegulationsPart 3 — Conferral of functions and powers8 — Conferral of functions and powers on AFIC9 — Conferral of functions and powers on Tribunal10 — State Supervisory AuthorityPart 4 — Levies, fees and other amounts11 — Fees12 — Levies13 — Fees, fines and penaltiesPart 5 — Miscellaneous14 — RegulationsPart 6 — Amendment of Financial Institutions (NT) Act15 — Amendment of ENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

This reprint shows the Act as in force at 1 September 1997.  Any amendments that commence after that date are not included.

FRIENDLY SOCIETIES (NT) ACT 1997

An Act to provide for the formation, registration, management and regulation of friendly societies, and for related purposes

Part 1Preliminary 1Short title

This Act may be cited as the Friendly Societies (NT) Act 1997.

2Commencement

This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

3Interpretation

• (1)

  In this Act, unless the contrary intention appears:

  AFIC means the Australian Financial Institutions Commission established under the AFIC Act.

  AFIC Act means the Australian Financial Institutions Commission Act 1992 of Queensland.

  friendly societies legislation of the Territory means:

  • (a)

    this Act and the Regulations;

  • (b)

    the Friendly Societies (NT) Code;

  • (c)

    the Friendly Societies (NT) Regulations; and

  • (d)

    the AFIC (NT) Code, the AFIC (NT) Regulations, the Financial Institutions (NT) Code and the Financial Institutions (NT) Regulations as applying to the Code and Regulations referred to in paragraphs (b) and (c).

  Friendly Societies (NT) Code means the provisions applying because of section 5.

  Friendly Societies (NT) Regulations means the provisions applying because of section 6.

  Ministerial Council means the Ministerial Council established under the financial institutions agreement, within the meaning of the Financial Institutions (NT) Code.

• (2)

  Words and expressions used in the Friendly Societies (NT) Code and in this Act have the same respective meanings in this Act as they have in the Code.

• (3)

  Subsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.

4Crown to be bound

• (1)

  The friendly societies legislation of the Territory binds the Crown, not only in right of the Territory but also, so far as the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.

• (2)

  Nothing in this section permits the Crown in any of its capacities to be prosecuted for an offence.

Part 2Friendly Societies (NT) Code and Friendly Societies (NT) Regulations 5Application in the Territory of Friendly Societies Code

The Friendly Societies Code set out in Schedule 1 to the Friendly Societies (Victoria) Act of the State of Victoria, as in force from time to time:

• (a)

  applies as a law of the Territory; and

• (b)

  as so applying may be referred to as the Friendly Societies (NT) Code.

6Application of Regulations

The Regulations as in force from time to time under Part 4 of the Friendly Societies (Victoria) Act of the State of Victoria:

• (a)

  apply as Regulations in force for the purposes of the Friendly Societies (NT) Code; and

• (b)

  as so applying may be referred to as the Friendly Societies (NT) Regulations.

7Interpretation of some expressions in Friendly Societies (NT) Code and in Friendly Societies (NT) Regulations

• (1)

  In the Friendly Societies (NT) Code and the Friendly Societies (NT) Regulations:

  Corporations Law and Corporations Regulations have the meaning provided for by Part 3 of the Corporations (Northern Territory) Act.

  Legislature of this State means the Legislative Assembly.

  pharmacy law of this State means the Pharmacy Act.

  Supreme Court means the Supreme Court of the Northern Territory.

  the Code or this Code means the Friendly Societies (NT) Code.

  the State or this State means the Territory.

• (2)

  The Corporations (Northern Territory) Act, and the applicable provisions of the Territory, within the meaning of that Act, are prescribed for the purpose of section 19(4) of the Friendly Societies (NT) Code.

Part 3Conferral of functions and powers 8Conferral of functions and powers on AFIC

AFIC has the functions and powers conferred or expressed to be conferred on it by or under the friendly societies legislation of the Territory.

9Conferral of functions and powers on Tribunal

The Australian Financial Institutions Appeals Tribunal established under the AFIC Act has the functions and powers conferred or expressed to be conferred on it by or under the friendly societies legislation of the Territory.

10State Supervisory Authority

The Territory Supervisory Authority established under the Financial Institutions (Territory Supervisory Authority) Act is the State supervisory authority for the Territory.

Part 4Levies, fees and other amounts 11Fees

This section imposes the fees prescribed by the Friendly Societies (NT) Regulations or by the AFIC (NT) Code in respect of matters referred to in the friendly societies legislation of the Territory.

12Levies

This section imposes the levy payable under sections 119 and 120 of the AFIC (NT) Code by a society.

13Fees, fines and penalties

All fees, fines and penalties and other money that, under or by virtue of the friendly societies legislation of the Territory are authorised or directed to be imposed on a person and are not, under that legislation, fees, levies or other amounts payable to a specified person, must be paid to the Territory.

Part 5Miscellaneous 14Regulations

The Administrator may make regulations, not inconsistent with this Act, prescribing matters:

• (a)

  required or permitted by this Act to be prescribed; or

• (b)

  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Part 6Amendment of Financial Institutions (NT) Act 15Amendment of

Section 10 of the Financial Institutions (NT) Act is amended by inserting after the definition of Corporation in subsection (1) the following:

"Friendly Societies Code means the Friendly Societies (NT) Code as defined in the Friendly Societies (NT) Act.".

  ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Friendly Societies (NT) Act 1997 (Act No. 22, 1997)
Assent date	22 May 1997
Commenced	1 September 1997 (Gaz G34, 27 August 1997, p 2)