CO-OPERATIVES (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2015

NORTHERN TERRITORY OF AUSTRALIA CO-OPERATIVES (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2015 As in force at 1 January 2017 Table of provisions 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Definition.......................................................................................... 1 4 Fees ................................................................................................ 1 5 Registrar may exempt, waive or refund fees ................................... 1 6 Fees for applied provisions of Corporations Act .............................. 1 Schedule Fees ENDNOTES -- 1 of 14 -- -- 2 of 14 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 1 January 2017 ____________________ CO-OPERATIVES (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2015 Regulations under the Co-operatives (National Uniform Legislation) Act 2015 1 Citation These Regulations may be cited as the Co-operatives (National Uniform Legislation) Regulations 2015. 2 Commencement These Regulations commence on 1 January 2017. 3 Definition In these Regulations: Law means the Co-operatives National Law (NT). 4 Fees The Schedule specifies the fee payable for each provision of the Law or the Co-operatives National Regulations (NT) in relation to the matter specified opposite the fee. 5 Registrar may exempt, waive or refund fees The Registrar may exempt a person from payment of a fee or waive (wholly or partly) or refund (wholly or partly) payment of a fee specified in these Regulations if the Registrar considers it appropriate to do so. 6 Fees for applied provisions of Corporations Act Fees for anything done by or in relation to the Registrar under provisions of the Corporations Act as applied under the Law that are not otherwise provided for in these Regulations are the same as the fees for chargeable matters under the Corporations (Fees) Act 2001 (Cth). -- 3 of 14 -- Schedule Fees Co-operatives (National Uniform Legislation) Regulations 2015 2 Schedule Fees regulation 4 Item Provision Description Fee (revenue units) 1 section 26(1)(b)(ii) Application for registration of proposed co-operative – draft formation disclosure statement required under section 23 of the Law 310 2 section 26(1)(b)(ii) Application for registration of proposed co-operative – draft formation disclosure statement not required under section 23 of the Law 89 3 section 31(b)(ii) Application for registration of existing corporation – draft formation disclosure statement required under section 23 of the Law 310 4 section 31(b)(ii) Application for registration of existing corporation – draft formation disclosure statement not required under section 23 of the Law 89 5 section 37(b)(ii) Issue of duplicate certificate of registration 27 6 section 60 Application for Registrar's prior approval of certain rule amendments 62 7 section 63(2) Application for registration of rule amendment, other than where pre-approved under section 60 of the Law – per rule (maximum of 133 revenue units per lodgement) Plus fee for late lodgement: 27 (a) within first 28 days after due date 89 -- 4 of 14 -- Schedule Fees Co-operatives (National Uniform Legislation) Regulations 2015 3 Item Provision Description Fee (revenue units) (b) after first 28 days after due date 177 8 section 63(4) Application for issue of certificate of registration of rule amendment 27 9 section 71(1) Application for exemption from any or all provisions of Part 2.4, Division 2 of the Law 62 10 section 82(3)(a) Application for registration of disclosure statement for compulsory share take up 221 11 section 119(5) Application to extend period for carrying on business with too few members 221 12 section 152(3) Application for decision of a member's eligibility to vote on an active membership resolution 221 13 section 171 Application for exemption of co-operative from any or all provisions of Part 2.6, Division 5 of the Law (former member entitlements) 221 14 section 213(1)(d) Application for approval of office at which register may be kept 62 15 section 220(7) Use of "Co-operative", "Cooperative", "Co-op" or "Coop" – application for exemption by Registrar 221 16 section 221(1) Application to approve omission of "Limited" or "Ltd" in name 133 17 section 222(e) Application to approve abbreviation or elaboration of name 27 18 section 224 Application to approve change of name 221 -- 5 of 14 -- Schedule Fees Co-operatives (National Uniform Legislation) Regulations 2015 4 Item Provision Description Fee (revenue units) 19 section 225(2) Restriction on use of "Co-operative", "Cooperative", "Co-op" or "Coop" – application for exemption by Registrar 221 20 section 226(4) Lodgement of notice of change of address Fee for late lodgement: nil (a) within first 28 days after due date 89 (b) after first 28 days after due date 177 21 section 226(6) Application for exemption for a small co-operative or class of small co-operatives from requirement for displaying a notice about the name of a co-operative and its registered office in section 226(3) of the Law 62 22 section 233(2) Application by member for review of voting entitlement 221 23 section 243(2)(c)(ii) Filing fee for registration of special resolution – per resolution (maximum of 133 revenue units per lodgement) Plus fee for late lodgement: 27 (a) within first 28 days after due date 89 (b) after first 28 days after due date 177 24 section 244(3) Application for certificate of registration of special resolution 27 25 section 248(3) Application for approval of disclosure statement for special postal ballot 221 -- 6 of 14 -- Schedule Fees Co-operatives (National Uniform Legislation) Regulations 2015 5 Item Provision Description Fee (revenue units) 26 section 289 Lodgement of annual financial report by large co-operative Plus fee for late lodgement: 221 (a) within first 28 days after due date 89 (b) after first 28 days after due date 177 27 section 290 Lodgement of half yearly report by co-operative that is a disclosing entity Fee for late lodgement: nil (a) within first 28 days after due date 89 (b) after first 28 days after due date 177 28 section 293 Lodgement of annual return by small co-operative Plus fee for late lodgement: 62 (a) within first 28 days after due date 89 (b) after first 28 days after due date 177 29 section 316(1) Application for exemption of certain persons (in relation to a co-operative) from all or specified requirements of "target provisions" 221 30 section 317(1) Application for exemption of certain persons (in respect of a class of co-operatives) from all or specified requirements of "target provisions" 221 31 section 319(1) Application for exemption of certain persons from all or specified requirements of "target provisions" 221 -- 7 of 14 -- Schedule Fees Co-operatives (National Uniform Legislation) Regulations 2015 6 Item Provision Description Fee (revenue units) 32 section 320(1) Application for exemption of certain persons (in respect of a class of audit firms or audit companies) from all or specified requirements of "target provisions" 221 33 section 322 Application for exemption from a provision of National Regulations made under Part 3.3 of the Law 221 34 section 337 Lodgement of disclosure documents for an issue of securities other than an issue of securities under section 338 of the Law 1 946 35 section 337 Application for exemption or modification of disclosure provisions under Chapter 6D of the Corporations Act (as applied) 955 36 section 338(3) Application for approval of disclosure statement for issue of non-share securities to members or employees of co-operative 221 37 section 343(3)(a) Application for approval of disclosure statement for compulsory loan from members to co-operative 221 38 section 343(10) Application for exemption from all or specified provisions of section 343 of the Law (requirements for compulsory loans from members to co- operative) 221 39 section 350(1)(b) and (c) Application for approval of the statement and terms of the issue of CCUs 221 -- 8 of 14 -- Schedule Fees Co-operatives (National Uniform Legislation) Regulations 2015 7 Item Provision Description Fee (revenue units) 40 section 359(3) Application for exemption from a provision of sections 248 and 359 of the Law (requirements in relation to disposal or acquisition of significant assets) 221 41 section 363(2) Application to permit a maximum level of share interest greater than 20% in particular co-operative 221 42 section 372(1) Application by a person for an exemption from the operation of Part 3.5, Division 1 of the Law 221 43 section 374(1)(b) Application for approval of share offers provided for in section 373 of the Law that may result in structural change of co-operative 1 946 44 section 376(5) Application to extend time permitted for board to consider a share offer of the kind specified in section 373(1) of the Law 62 45 section 380(1) Application for exemption from a provision of Part 3.5, Division 2 and section 248 of the Law (requirements for share offers under Part 3.5, Division 2 of the Law) 955 46 section 396(2) Application for consent to merger or transfer of engagements by way of board approval 62 47 section 397(2) Application for approval of disclosure statement for purposes of a merger or transfer of engagements 221 -- 9 of 14 -- Schedule Fees Co-operatives (National Uniform Legislation) Regulations 2015 8 Item Provision Description Fee (revenue units) 48 section 397(4) Application for exemption of co-operative from complying with section 397 of the Law in relation to disclosure statement about a merger or transfer of engagements 221 49 section 398(1) Application for approval of merger or transfer of engagements 62 50 section 404(4) Application for exemption from a provision of sections 248 and 404 of the Law (requirements for transfer of incorporation) 221 51 section 416(1)(a) Application for Registrar's permission to shorten notice 27 52 section 418(1)(f) Application for direction exempting from disqualification from administering compromise or arrangement 221 53 section 424(1)(b) Application for Registrar's statement of no objection to compromise or arrangement 221 54 section 425(4) Lodgement of Supreme Court order with Registrar relating to compromise or arrangement Plus fee for late lodgement 27 (a) within first 28 days after due date 89 (b) after first 28 days after due date 177 55 section 428(1) Application for Registrar's approval of explanatory statement for compromise or arrangement 955 -- 10 of 14 -- Schedule Fees Co-operatives (National Uniform Legislation) Regulations 2015 9 Item Provision Description Fee (revenue units) 56 section 445(3) Application for exemption from a provision of section 248 or 445 of the Law (requirements for voluntary winding up) 221 57 section 453 Application to Registrar to exercise powers in relation to property of a deregistered co- operative 221 58 section 476(2)(a) Application to local Registrar to consent to merger or transfer of engagements occurring as a result of approval by special resolution or decision by the board – merger between local and participating co-operatives 62 59 section 477(2) Application for approval by appropriate Registrar of disclosure statement for merger or transfer of engagements – local and participating co-operatives 221 60 section 477(4) Application to appropriate Registrar for exemption from requirements of section 477 of the Law applying to a merger or transfer of engagements – local and participating co-operatives 221 61 section 478(1) Application for approval of merger or transfer of engagements – local and participating co-operatives 221 62 section 531(1)(a) Application to Registrar for special meeting 221 63 section 531(1)(b) Application to Registrar for inquiry 423 64 section 588(1) Application to Registrar for a certificate stating that a thing had or had not been done within a specified period or by a specified date 62 -- 11 of 14 -- Schedule Fees Co-operatives (National Uniform Legislation) Regulations 2015 10 Item Provision Description Fee (revenue units) 65 section 588(2) Application to Registrar for a certificate stating that a requirement of the Law had or had not been complied with or had been complied with at a specified date or within a specified period 62 66 section 588(3) Application to Registrar for a certificate stating that on a specified date a body was not or had ceased to be registered as a co-operative under the Law 34 67 section 601(1)(a) Fee for inspection of register of co-operatives 17 68 section 601(1)(b) Fee for inspection of documents kept by Registrar relating to a co- operative and prescribed by the National Regulations 17 69 section 601(1)(c) Fee for extract from register of co-operatives inspected under section 601(1)(a) of the Law: (a) first page 17 (b) each additional page 1 70 section 601(1)(d) Fee for certified copy of document that may be inspected under section 601(1)(b) of the Law: (a) first page 19 (b) each additional page 2 71 section 601(1)(e) Fee for copy of document that may be inspected under section 601(1)(b) of the Law: (a) first page 17 (b) each additional page 1 72 section 609(1) Application for extension or shortening of time 62 -- 12 of 14 -- Schedule Fees Co-operatives (National Uniform Legislation) Regulations 2015 11 Item Provision Description Fee (revenue units) 73 section 611(2)(c)(iii) Application for permission to give notice to members by newspaper 62 74 regulation 1.4(5) Application by co-operative for declaration that it is a small co-operative for a particular financial year 221 -- 13 of 14 -- ENDNOTES Co-operatives (National Uniform Legislation) Regulations 2015 12 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 Co-operatives (National Uniform Legislation) Regulations (SL No. 29, 2015) Notified 2 December 2015 Commenced 1 January 2017 (r 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: r 1. -- 14 of 14 --