Associations Incorporation Amendment (Fees and Other Matters) Regulations 2010

i Associations Incorporation Amendment (Fees and Other Matters) Regulations 2010 S.R. No. 1/2010 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Revocation 2 4 Regulation 1 amended 2 5 New Part 2A inserted 2 PART 2A—OPERATION 2 13A Preparation of financial reports by prescribed associations 2 6 New Part 3A inserted 3 PART 3A—WINDING UP AND CANCELLATION 3 14A Security to be given by liquidator 3 7 Part 4 heading substituted 4 8 New regulation 15A inserted 4 15A Fees 4 9 New regulation 18A inserted 4 18A Fines 4 10 New Schedule 2A inserted 5 SCHEDULE 2A—Fees to be Paid to the Registrar 5 11 Model Rules Amended 9 ═══════════════ ENDNOTES 10 -- 1 of 11 -- 1 STATUTORY RULES 2010 S.R. No. 1/2010 Associations Incorporation Act 1981 Associations Incorporation Amendment (Fees and Other Matters) Regulations 2010 The Governor in Council makes the following Regulations: Dated: 19 January 2010 Responsible Minister: TONY ROBINSON Minister for Consumer Affairs TOBY HALLIGAN Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to amend the Associations Incorporation Regulations 2009— (a) to prescribe accounting requirements for certain incorporated associations; (b) to make provision for the winding up and cancellation of certain incorporated associations; (c) to prescribe fees payable under the Associations Incorporation Act 1981; (d) to prescribe maximum fines which can be imposed by an incorporated association on its members. -- 2 of 11 -- S.R. No. 1/2010 Associations Incorporation Amendment (Fees and Other Matters) Regulations 2010 2 2 Authorising provision These Regulations are made under section 54 of the Associations Incorporation Act 1981. 3 Revocation The Associations Incorporation (Fees and Other Matters) Interim Regulations 2009 1 are revoked. 4 Regulation 1 amended For regulation 1(c) of the Associations Incorporation Regulations 2009 2 substitute— "(c) to prescribe accounting requirements for certain incorporated associations; (d) to make provision for the winding up and cancellation of certain incorporated associations; (e) to prescribe fees payable under the Associations Incorporation Act 1981; (f) to prescribe maximum fines which can be imposed by an incorporated association on its members; (g) to make provision for other matters that are necessary for carrying out or giving effect to the Associations Incorporation Act 1981.". 5 New Part 2A inserted After Part 2 of the Associations Incorporation Regulations 2009 insert— "PART 2A—OPERATION 13A Preparation of financial reports by prescribed associations (1) A prescribed association must for a financial year prepare its financial statements in accordance with the relevant accounting standards that apply to an entity of its kind r. 2 -- 3 of 11 -- S.R. No. 1/2010 Associations Incorporation Amendment (Fees and Other Matters) Regulations 2010 3 and that relate to the preparation of financial statements for that financial year. (2) In this regulation— accounting standard has the same meaning as in the Corporations Act. ___________________". 6 New Part 3A inserted After Part 3 of the Associations Incorporation Regulations 2009 insert— "PART 3A—WINDING UP AND CANCELLATION 14A Security to be given by liquidator For the purposes of section 36B(5) of the Act, the security a liquidator must give is $50 000 in the form of— (a) cash; (b) a cheque drawn on an ADI; (c) a certificate of deposit issued by an ADI; (d) a debenture or security that is guaranteed by the Government of a State or Territory or by the Government of the Commonwealth; or (e) a surety issued by an ADI or a body corporate authorised to carry on insurance business under the Insurance Act 1973 of the Commonwealth. __________________". r. 6 -- 4 of 11 -- S.R. No. 1/2010 Associations Incorporation Amendment (Fees and Other Matters) Regulations 2010 4 7 Part 4 heading substituted For the heading to Part 4 of the Associations Incorporation Regulations 2009 substitute— "PART 4—FORMS AND FEES". 8 New regulation 15A inserted After regulation 15 of the Associations Incorporation Regulations 2009 insert— "15A Fees For the purposes of the section of the Act specified in column 2 of Schedule 2A, the prescribed fee is the amount specified opposite in column 4 of that Schedule.". 9 New regulation 18A inserted After regulation 18 of the Associations Incorporation Regulations 2009 insert— "18A Fines The committee of an incorporated association may determine to impose on a member of the association who has committed a breach of the rules of the association a fine not exceeding $500, payable to the incorporated association.". r. 7 -- 5 of 11 -- S.R. No. 1/2010 Associations Incorporation Amendment (Fees and Other Matters) Regulations 2010 5 10 New Schedule 2A inserted After Schedule 2 of the Associations Incorporation Regulations 2009 insert— "SCHEDULE 2A Regulation 15A FEES TO BE PAID TO THE REGISTRAR Item Section of the Act Type of fee Amount 1 5 Application for incorporation of proposed association lodged by electronic transmission 2⋅5 fee units if association adopts the model rules 7⋅5 fee units if association adopts rules other than the model rules 2 5 Application for incorporation of proposed association lodged manually 5 fee units if association adopts the model rules 10 fee units if association adopts rules other than the model rules 3 9(2) Application to the Registrar to make recordings in the Register in relation to the vesting of land in an incorporated association 10 fee units 4 10 Application to bring companies etc. under the Act 10 fee units r. 10 -- 6 of 11 -- S.R. No. 1/2010 Associations Incorporation Amendment (Fees and Other Matters) Regulations 2010 6 Item Section of the Act Type of fee Amount 5 13 Application for approval to change the name of an incorporated association 3 fee units 6 22 Application for approval to alter the statement of purposes or rules 3⋅5 fee units if the application is lodged by electronic transmission 6 fee units if the application is lodged manually 7 30(4) Lodgment of annual statement by public officer 3⋅5 fee units 8 30(5) Application for extension of time for holding a general meeting or giving an annual statement under section 30(4) 2 fee units 9 30B(4) Application for exemption from audit requirements 6 fee units 10 31(3) Application by two or more incorporated associations to be incorporated as an amalgamated incorporated association 10 fee units 11 33A Lodgment of notice of special resolution relating to the distribution of assets on voluntary winding up 6 fee units r. 10 -- 7 of 11 -- S.R. No. 1/2010 Associations Incorporation Amendment (Fees and Other Matters) Regulations 2010 7 Item Section of the Act Type of fee Amount 12 40(1)(a) Inspection of the register 1 fee unit for first page and $2 per subsequent page to a maximum of 5 fee units (for all pages inspected) 1⋅5 fee units per document if provided electronically 13 40(1)(b) Inspection of prescribed documents or documents of a prescribed class kept by the Registrar 1 fee unit for first page and $2 per subsequent page to a maximum of 5 fee units (for all pages inspected) 1⋅5 fee units per document if provided electronically 14 40(1)(c) For the provision of a certified copy of a document that a person may inspect under section 40(1)(b) 1 fee unit for first page and $2 per subsequent page to a maximum of 5 fee units (for all pages provided) r. 10 -- 8 of 11 -- S.R. No. 1/2010 Associations Incorporation Amendment (Fees and Other Matters) Regulations 2010 8 Item Section of the Act Type of fee Amount 15 40(1)(d) For the provision of a copy of a document that a person may inspect under section 40(1)(b) 1 fee unit for first page and $2 per subsequent page to a maximum of 5 fee units (for all pages provided) 1⋅5 fee units per document if provided electronically 16 40(1)(d) For the provision of a copy of a document that a person may inspect under section 40(1)(b) containing particulars of one incorporated association 1⋅2 fee units 17 40A For the provision of a certified duplicate of a certificate of incorporation 1⋅5 fee units 18 54 (a) For the provision of an electronic copy of a document held by the Registrar— (i) containing a report of all associations incorporated in the past 12 months 7⋅5 fee units r. 10 -- 9 of 11 -- S.R. No. 1/2010 Associations Incorporation Amendment (Fees and Other Matters) Regulations 2010 9 Item Section of the Act Type of fee Amount 18 54 (ii) for each earlier year in addition to the report in paragraph (i) (b) For provision of the copy on computer disk 2⋅5 fee units to a maximum of 12⋅5 fee units (for all copies provided) 2⋅5 fee units for each disk __________________". 11 Model Rules Amended For rule 7(1) of the Model rules in Schedule 4 of the Associations Incorporation Regulations 2009 substitute— "(1) Subject to these Rules, if the committee is of the opinion that a member has refused or neglected to comply with these Rules, or has been guilty of conduct unbecoming a member or prejudicial to the interests of the Association, the committee may by resolution— (a) suspend that member from membership of the Association for a specified period; or (b) expel that member from the Association; or (c) fine that member an amount not exceeding $500.". ═══════════════ r. 11 -- 10 of 11 -- S.R. No. 1/2010 Associations Incorporation Amendment (Fees and Other Matters) Regulations 2010 10 ENDNOTES 1 Reg. 3: S.R. No. 113/2009. 2 Reg. 4: S.R. No. 85/2009 as amended by S.R. No. 113/2009. Endnotes -- 11 of 11 --