QueenslandFRIENDLYSOCIETIES(QUEENSLAND)ACT1997Reprinted as in force on 2 October
1997(Act not amended up to this date)Reprint No. 1This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 2 October 1997.MinoreditorialchangesallowedundertheprovisionsoftheReprintsAct1992mentioned in the following list have
also been made to—•omit provisions that are no longer
required (s 40)•make all necessary consequential
amendments (s 7(1)(k)).See endnotes for information about when
provisions commenced.
s13s3Friendly Societies (Queensland) Act
1997FRIENDLY SOCIETIES (QUEENSLAND) ACT1997[reprinted as in force on 2 October
1997]An Act to provide for a uniform scheme for
friendly societies and forother purposes†PART
1—PRELIMINARY˙Short title1.ThisActmaybecitedastheFriendlySocieties(Queensland)Act1997.˙Commencement2.This
Act commences on a day to be fixed by proclamation.˙Definitions3.In
this Act—“AFIC”means the
Australian Financial Institutions Commission.“AppealsTribunal”means the
Australian Financial Institutions AppealsTribunalestablishedundertheAustralianFinancialInstitutionsCommission Act
1992.“financial institutions
agreement”see AFIC Code, section 3.11UndertheAFICCodesections3and7thefinancialinstitutionsagreementisthatagreementmadeon22November1991betweentheStatesandTerritoriesand includes the
agreement as amended or affected by another agreement.
s44s4Friendly Societies (Queensland) Act
1997“friendly societies legislation of
Queensland”means—(a)this
Act and regulations under this Act; and(b)the
Friendly Societies (Queensland) Code; and(c)the
Friendly Societies (Queensland) Regulations; and(d)theAFIC(Queensland)CodeandtheAFIC(Queensland)Regulations and
the Financial Institutions (Queensland) Code andthe
Financial Institutions (Queensland) Regulations as applying
tothe code and regulations mentioned in
paragraphs (b) and (c).“Friendly Societies (Queensland)
Code”means the provisions applyingbecause of section 5.2“FriendlySocieties(Queensland)Regulations”meanstheprovisionsapplying because
of section 6.3“FriendlySocieties(Victoria)Act”meanstheFriendlySocieties(Victoria) Act 1996of
Victoria.“Ministerial Council”means the
Ministerial Council established under thefinancial
institutions agreement.˙State etc.
bound4.(1)The friendly
societies legislation of Queensland binds the State and,asfarasthelegislativeauthorityoftheParliamentpermits,theCommonwealth and the other
States.(2)NothinginthisActpermitstheCommonwealthoraStatetobeprosecuted for an offence.2Section 5 (Application in Queensland
of Friendly Societies Code)3Section 6 (Application of
regulations)
s55s7Friendly Societies (Queensland) Act
1997†PART 2—FRIENDLY SOCIETIES
(QUEENSLAND)CODE AND FRIENDLY SOCIETIES
(QUEENSLAND)REGULATIONS˙Application in Queensland of the Friendly
Societies Code5.The Friendly Societies Code set out in
the Friendly Societies (Victoria)Act, schedule 1,
as in force for the time being—(a)applies as a law of Queensland; and(b)assoapplyingmaybereferredtoastheFriendlySocieties(Queensland)
Code.˙Application of regulations6.The regulations in force for the time
being under the Friendly Societies(Victoria) Act,
part 4—(a)applyasregulationsinforceforthepurposesoftheFriendlySocieties
(Queensland) Code; and(b)assoapplyingmaybereferredtoastheFriendlySocieties(Queensland)
Regulations.˙Interpretation of some expressions in
the Code and Regulations7.In the Friendly
Societies (Queensland) Code and the Friendly Societies(Queensland) Regulations—“continuingsociety”meansafriendlysocietyconstitutedundertheFriendlySocietiesAct1991andexistingimmediatelybeforethecommencement of this section.“CorporationsLaw”hasthemeaninggivenbytheCorporations(Queensland) Act
1990, part 3.“Corporations
Regulations”has the meaning given by theCorporations(Queensland) Act
1990, part 3.“LegislatureofthisState”meanstheLegislativeAssemblyofQueensland.
s
86s 10Friendly Societies
(Queensland) Act 1997“pharmacy law of this State”means thePharmacy Act
1976.“Supreme Court”means the
Supreme Court of Queensland.“theCode”or“thisCode”means the Friendly Societies
(Queensland)Code.“the previous
law”means theFriendly
Societies Act 1991.“the State”or“this
State”means Queensland.˙Prescription of law for s 19(4) of
Code8.TheCorporations(Queensland)Act1990,andtheapplicableprovisions of
Queensland under that Act, are prescribed for the FriendlySocieties (Queensland) Code, section
19(4).4†PART 3—CONFERRAL
OF FUNCTIONS ANDPOWERS˙Conferral of functions and powers on
AFIC9.AFIChasthefunctionsandpowersconferredorexpressedtobeconferred on it under the friendly
societies legislation of Queensland.˙Conferral of functions and powers on Appeals
Tribunal10.TheAppealsTribunalhasthefunctionsandpowersconferredorexpressed to be conferred on it under
the friendly societies legislation ofQueensland.4FriendlySocieties(Queensland)Code,section19(CorporationsLawapplyingunder its own
force)
s
117s 13Friendly Societies
(Queensland) Act 1997†PART 4—STATE
SUPERVISORY AUTHORITY˙QOFS to be
SSA11.TheQueenslandOfficeofFinancialSupervisionistheStatesupervisory
authority for Queensland.†PART
5—IMPOSITION OF FEES˙Fees12.This section imposes the fees
prescribed by the Friendly Societies(Queensland)
Regulations, or by the AFIC (Queensland) Regulations formatters referred to in the friendly societies
legislation of Queensland.˙Fees and
penalties13.(1)Allfeesandotheramountsthat,underthefriendlysocietieslegislation of Queensland, are authorised or
directed to be imposed on aperson and are
not, under the legislation or an Act, fees, levies or otheramounts payable to, authorised to be kept by,
or required to be dealt with ina specified way
by, a specified person must be paid to the consolidatedfund.(2)TheActsInterpretationAct1954,section43,appliesfortheappropriation of penalties that, under
the friendly societies legislation ofQueensland, are
authorised or directed to be imposed on a person.
s
148s 14Friendly Societies
(Queensland) Act 1997†PART
6—MISCELLANEOUS˙Decision by friendly society to stop
carrying on business ofpharmacist14.(1)A
friendly society may give effect to a decision of the society
tostop carrying on the business of a pharmacist
(a“pharmacy decision”)onlyifthedecisionismadebymeansofaspecialresolutionundertheFriendly Societies (Queensland) Code,
section 307.5(2)A friendly
society that is to make a pharmacy decision must send toeach
of its members a statement approved by the SSA specifying—(a)anyinterestthatadirectorofthefriendlysocietyhasintheproposed decision or in another entity
affected by the proposeddecision; and(b)any
compensation or other consideration to be paid, or any otherincentive proposed to be given, to any
officer or member of thefriendly society in relation to the
proposed decision; and(c)the reasons for
the proposed decision; and(d)any other matter
specified by the SSA.(3)Thestatementmustbesenttothememberssothatitwill,intheordinary course of post, reach each
member not later than 21 days beforethe day on or
before which the ballot papers must be returned under theFriendlySocieties(Queensland)Regulationsbymembersvotinginthepostal
ballot.(4)The SSA may exempt a friendly society
from having to comply withsubsection (2).(5)FormakingaspecialresolutionundertheFriendlySocieties(Queensland) Code, section 307, for this
section, that section is taken torequiretheresolutiontobevotedonbyapostalballotconductedinaccordance with the regulations made
for the purpose of subsection (1)(b)of that
section.(6)In this section—5FriendlySocieties(Queensland)Code,section307(Specialresolutionsofsocieties)
s
159s 15Friendly Societies
(Queensland) Act 1997“director”see the Friendly
Societies (Queensland) Code, section 3.6“friendly society”meansasocietywithinthemeaningoftheFriendlySocieties
(Queensland) Code.“member”of a friendly
society, means a person who is a member of thesociety under
the Friendly Societies (Queensland) Code.“officer”see
the Friendly Societies (Queensland) Code, section 3.7“SSA”see the Friendly
Societies (Queensland) Code, section 3.8˙Copies of certain Victorian legislation
to be tabled in LegislativeAssembly15.(1)A
copy of each amendment of the Friendly Societies Code passedby
the Parliament of Victoria after the commencement of this section
mustbe tabled in the Legislative Assembly by the
Minister within 14 sitting daysafter the
amendment receives the royal assent.(2)AcopyofeachregulationmadeundertheFriendlySocieties(Victoria) Act, part 4, must be tabled in the
Legislative Assembly by theMinister within
14 sitting days after it comes into force in Queensland.(3)This section does not affect the
operation of sections 5 and 6.9(4)In this section—“FriendlySocietiesCode”meansthecodesetoutintheFriendlySocieties
(Victoria) Act, schedule 1.6Friendly Societies (Queensland) Code,
section 3—“director”has the meaning
given by section 5.7Friendly Societies (Queensland) Code,
section 3—“officer”has the meaning
given by section 9.8Undersection11ofthisActtheQueenslandOfficeofFinancialSupervisionisthe
SSA.9Sections5(ApplicationinQueenslandoftheFriendlySocietiesCode)and6(Application of
regulations)
s
1610s 19Friendly Societies
(Queensland) Act 1997˙Attachment—Friendly Societies Code16.(1)Attached to this
Act is a copy of the Friendly Societies Code setout
in the Friendly Societies (Victoria) Act, schedule 1 (as amended by
theFriendly Societies (Victoria) (Amendment) Act
1997(Vic)) (the“FriendlySocieties Code”).(2)The attachment must be revised so that
it is an accurate copy of theFriendly
Societies Code as amended from time to time.(3)The
revision under subsection (2) must happen in the first reprint
ofthis Act after an amendment of the Friendly
Societies Code.(4)However,subsection(2)doesnotapplyiftheFriendlySocieties(Queensland)Codeisreprintedasaseparatereprintandtherevisionmentionedinsubsection(2),totheextentitappliesinQueensland,iscontained in the first reprint of that code
after an amendment of the FriendlySocieties
Code.(5)Despite subsection (2), the attachment
is not part of this Act.˙Regulation-making
power17.The Governor in Council may make
regulations under this Act.†PART
7—SAVINGS, TRANSITIONAL, AMENDMENTAND
REPEAL˙Meaning of words and expressions used
in Friendly Societies(Queensland) Code and this part18.Words and expressions used in the
Friendly Societies (Queensland)Code and this
part have the same respective meanings in this part as theyhave
in that code.˙General savings provision19.(1)All persons,
things and circumstances appointed or created under
s
2011s 20Friendly Societies
(Queensland) Act 1997theFriendly
Societies Act 1991, or existing or continuing under the
Act,immediately before the commencement of this
section continue, under andsubject to the
friendly societies legislation of Queensland, to have the
samestatus, operation and effect as they would
have had if this Act had not beenenacted.(2)Subsection (1) is subject to any
contrary intention appearing in thisAct or the
Friendly Societies (Queensland) Code.˙Society started to have been formed20.(1)This section
applies if, before the commencement of this section,theformationofabodyasafriendlysocietystartedundertheFriendlySocieties Act
1991, section 3.1, but the body has not been
registered underthe Act as a friendly society.(2)The formation of the body as a
friendly society under the Act is takento have started
if a meeting has been called to form the friendly society.(3)Despite the repeal of the Act, section
3.1 continues to apply to theformation of the
body as a friendly society but application may be madeunder
the Friendly Societies (Queensland) Code, section 60, for the body
tobe registered under the code as a
society.(4)For the application—(a)thereferenceintheFriendlySocieties(Queensland)Code,section 60(2)(b)(i), to section 5910is taken to be a reference to
theFriendly Societies Act 1991,
section 3.1(1) and (2); and(b)thereferenceintheFriendlySocieties(Queensland)Code,section 60(2)(b)(v), to 25 or more adults is
taken to be a referenceto at least the appropriate number,
under theFriendly SocietiesAct 1991,
section 3.1, of adults.(5)ThesocietymayberegisteredundertheFriendlySocieties(Queensland) Code if its rules are not
contrary to theFriendly Societies Act1991even
though they are contrary to the friendly societies
legislation.(6)On registration, the rules have effect
subject to the friendly societieslegislation.10Friendly Societies (Queensland) Code,
section 59 (Formation of societies)
s
2112s 22Friendly Societies
(Queensland) Act 1997(7)If on
registration of the society its rules are contrary to the
friendlysocietieslegislation,thesocietymustensuretherulesareamendedtocomply with the legislation within 1 year of
registration.Maximum penalty—133 penalty units.(8)Subsection (7) does not limit
subsection (6).˙Disclosure of interests by
directors21.(1)Subsection (2)
applies if a director of a continuing society11hasgivenageneralwrittennoticeundertheFriendlySocietiesAct1991,section 4.7(5), to all the other directors of
the society.(2)ThenoticeistakentohavebeengivenbythedirectorundertheFriendly Societies (Queensland) Code,
section 292(5).(3)Subsection (4) applies if a director
of a continuing society has made adeclaration under
theFriendly Societies Act 1991,
section 4.7(6) and (7), ata meeting of the society’s board(4)ThedeclarationistakentohavebeenmadeundertheFriendlySocieties
(Queensland) Code, section 292(6) and (7).˙Operation of dispensaries22.(1)This
section applies if, immediately before the commencement ofthissection,undertheFriendlySocietiesAct1991,section2.2(3),acontinuingsocietyisauthorisedtosellorsupplymedicalrequisitesanddispense or sell medicines to members of the
public generally.(2)The society’s rules are taken to
include, as an object of the society, thefollowing—•tosellorsupplymedicalrequisitesandtherapeuticgoodsanddispense or sell medicines to members
of the public.11Section 7—“continuingsociety”meansafriendlysocietyconstitutedundertheFriendlySocietiesAct1991andexistingimmediatelybeforethecommencementofthis
section.
s
2313s 25Friendly Societies
(Queensland) Act 1997˙Management
contracts about pharmacies23.(1)This section
applies to a management contract entered into underan
approval mentioned in theFriendly Societies Act 1991,
section 4.15(14),by a continuing society for the management of
a pharmacy.(2)Subject to the Friendly Societies
(Queensland) Code, section 297(5)12and
the management contract’s terms, the contract continues in
force.˙Copies of management contracts to be
given to SSA24.(1)This section
applies to a management contract entered into by acontinuing society before the commencement of
this section and that is inforce immediately
before the commencement.(2)ThecontinuingsocietymustgivetheSSAacopyofthecontractwithin 1 month
after the commencement of this section.Maximum penalty
for subsection (2)—66 penalty units.˙Investor information memorandums25.(1)This section
applies to an investor information memorandum for acontinuing society that is lawfully being
used for investment in the societyimmediately
before the commencement of this section.(2)While the investor information memorandum
continues in force, theFriendly Societies Act 1991,
part 6, divisions 1 and 2 continue to apply inrelation to the
memorandum and to a form of application for investment inafriendlysocietytowhichthememorandumrelates,andtheFriendlySocieties(Queensland)Code,part4B,divisions1to3,donotapplyinrelation to an investment to which the
memorandum relates.(3)For this section an investor
information memorandum continues inforce until
whichever of the following first happens—(a)the
anniversary of the date of the memorandum’s issue under theFriendly Societies Act 1991,
section 6.3(3);(b)adisclosuredocumentrelatingtotheinvestmenttowhichthememorandumrelatesislodgedundertheFriendlySocieties12Friendly Societies (Queensland) Code,
section 297 (Management contracts)
s
2614s 26Friendly Societies
(Queensland) Act 1997(Queensland) Code with the SSA.(4)This section has effect despite the
repeal of theFriendly Societies Act1991.(5)In this
section—“investorinformationmemorandum”,meansaninvestorinformationmemorandum under
theFriendly Societies Act 1991approved undersection
6.2(1)(a) of that Act or lodged under section 6.2(1)(b) of
thatAct.˙Transfers of engagements26.(1)Subsection (2) applies if—(a)a continuing society has by special
resolution under theFriendlySocieties Act
1991, section 7.1—(i)decidedtotransferthesociety’sengagements,ortheengagementsrelatingtoafundofthesociety,toanothercontinuing
society; or(ii)undertakentofulfiltheengagements,ortheengagementsrelating to a
fund, of another continuing society; and(b)the
resolution has not been registered under the Act before thecommencement of this section.(2)FortheFriendlySocieties(Queensland)Code,section364(2),thespecial resolution is taken to be a
special resolution approving a proposedtransfer of
engagements.(3)Subsection (4) applies if, before the
commencement of this section, acontinuing
society, by ordinary resolution, or by ordinary resolution of
thesociety’sboard,undertheFriendlySocietiesAct1991,section7.1,undertook to fulfil the engagements of
another continuing society, or theengagements
relating to a fund of another continuing society.(4)The resolution is taken to be an
approval, with the consent of theSSA, of a
proposed transfer of engagements by the continuing society’sboard
under the Friendly Societies(Queensland) Code, section
364(2).(5)Compliance,beforethecommencementofthissection,byacontinuing
society with theFriendly Societies Act 1991,
section 7.1(3) and
s
2715s 29Friendly Societies
(Queensland) Act 1997(4) about a transfer of engagements is
taken to be compliance by the societywith the Friendly
Societies (Queensland) Code, section 364(3) and(4).(6)AnexemptionforacontinuingsocietygivenundertheFriendlySocieties Act
1991, section 7.1(3) is taken to have been given
under theFriendly Societies (Queensland) Code, section
364(5).˙Directed transfers of
engagements27.(1)This section
applies if a direction under theFriendly
Societies Act1991, section 7.2, for a continuing
society is in force immediately before thecommencement of
this section.(2)The direction is taken to be a
direction to the continuing society givenby the SSA under
the Friendly Societies (Queensland) Code, section 367.˙Mergers28.(1)Subsection(2)appliesifacontinuingsocietyhas,byspecialresolution under
theFriendly Societies Act 1991,
section 7.4, decided toamalgamate with another continuing
society and the resolution has not beenregistered under
the Act before the commencement of this section.(2)For the Friendly Societies
(Queensland) Code, section 364(2), thespecial
resolution is taken to be a special resolution approving a
proposedmerger with the other continuing
society.(3)Compliance by a continuing society
with theFriendly Societies Act1991,
section 7.4(2) and (3) before the commencement of this section
is,for an amalgamation, taken to be compliance
with the Friendly Societies(Queensland)
Code, section 364(3) and (4).(4)AnexemptionforacontinuingsocietygivenundertheFriendlySocieties Act
1991, section 7.4(2) is taken to have been given
under theFriendly Societies (Queensland) Code, section
364(5).˙Exemption from stamp duty in certain
cases29.(1)Thissectionappliesif,becauseofsection26,27or28,andbecauseoftheFriendlySocieties(Queensland)Code,atransferofengagements takes effect, or a merged society
is registered, under the code.
s
3016s 32Friendly Societies
(Queensland) Act 1997(2)ThevestingofassetsundertheFriendlySocieties(Queensland)Code, section 374
or 375, because of the transfer of engagements or themerger, and any instrument executed to give
effect to the section, do notattract duty
under theStamp Act 1894.˙Administrators and appointed
directors.30.(1)AnadministratorofacontinuingsocietyappointedundertheFriendly Societies Act 1991,
section 9.1, is taken to have been appointed bythe SSA under the
Friendly Societies (Queensland) Code, section 46.(2)AdirectorofacontinuingsocietyappointedundertheFriendlySocieties Act
1991, section 9.4(2)(b) is taken to have been
appointed underthe Friendly Societies (Queensland) Code,
section 46(11)(d).˙Suspension of operations31.A direction given to a continuing
society under theFriendly SocietiesAct 1991,
section 9.7 that is in force immediately before the
commencementof this section is taken to be a direction
given to the society by the SSAunder the
Friendly Societies (Queensland) Code, section 45.˙Code not to apply to continuing
societies being wound-up32.(1)This section
applies if, under theFriendly Societies Act 1991,
thewinding-up of a continuing society has
started but not finished before thecommencement of
this section.(2)The provisions of the Friendly
Societies (Queensland) Code about thewinding-up of
societies do not apply to the continuing society.(3)Also,section490ofthecodeaboutthewinding-upofcertaincontinuing
societies does not apply to the continuing society.(4)The continuing society is to be
wound-up in the same way as if thesections 5 and 6
of this Act had not been enacted.(5)Forthewinding-up,theFriendlySocietiesAct1991continuestoapply to the continuing society despite
the repeal of the Act.(6)For subsection
(1), if a continuing society is being wound-up undertheCorporationsLaw,part5.6,division8,asappliedbytheFriendly
s
3317s 34Friendly Societies
(Queensland) Act 1997Societies Act 1991, the winding-up
is taken to have started on the day a letterwas posted to the
society under the Corporations Law, section 572(1).(7)Subsection (1) does not limit the
operation of theActs InterpretationAct 1954.(8)ThissectionappliesdespiteanythingintheFriendlySocieties(Queensland)
Code.(9)In this section—“winding-up”includes
dissolution.˙Investigations33.(1)This
section applies if, immediately before the commencement ofthis
section, an inquiry is being conducted into the affairs of a
continuingsociety under theFriendly
Societies Act 1991, part 8, division 3.(2)TheinquirymaycontinueasaninvestigationundertheFriendlySocieties
(Queensland) Code, part 10.(3)For the purpose
of continuing the inquiry, the SSA may appoint aninvestigator under the Friendly Societies
(Queensland) Code, section 411.(4)A
document or other information properly obtained by the
personconducting the inquiry before the
commencement of this section may behad regard to by
the person continuing the inquiry˙Warrants34.(1)This
section applies if—(a)awarrantisissuedundertheFriendlySocietiesAct1991,section 8.30, 8.31 or 8.32; and(b)the warrant is effective immediately
before the commencement ofthis section; and(c)thepersontowhomthewarrantisissuedis,onthecommencement of
this section, an inspector.(2)The warrant is
taken to have been issued to the inspector under thecorresponding provision of the Friendly
Societies (Queensland) Code andthe code applies
accordingly.
s
3518s 37Friendly Societies
(Queensland) Act 1997(3)In this
section—“corresponding provision”of the Friendly
Societies (Queensland) Codemeans—(a)for theFriendly
Societies Act 1991, section 8.30, section 38 of thecode; and(b)for
theFriendly Societies Act 1991,
section 8.31, section 39 of thecode; and(c)for theFriendly
Societies Act 1991, section 8.32, section 40 of thecode.˙Friendly Societies Act 1991 continues to
apply for certain land vestedin continuing
society35.(1)This section
applies to an interest in land vested in a continuingsociety under theFriendly
Societies Act 1991, section 13.4.(2)Despite the repeal of that Act—(a)that section continues to apply for
recording the vesting; and(b)subsection (4)
of that section continues to apply to the vesting andto
any instruments executed as a consequence of the section togive
the section effect.˙Members of continuing societies36.(1)Until the end of
the first annual general meeting of a continuingsociety held after the commencement of this
section, subsection (2) appliesfor deciding who
the members of the society are.(2)Themembersaretheindividualsadmittedtomembershipofthecontinuing society under the society’s
rules.(3)From the end of the meeting, the
Friendly Societies (Queensland)Code applies for
deciding who the members of the continuing society are.˙Transitional regulations37.(1)A regulation may
provide for matters of a savings or transitionalnature consequent on the enactment of this
Act and for which this Act does
s
3719s 37Friendly Societies
(Queensland) Act 1997not make provision or sufficient
provision.(2)Subjecttosubsection(3),aregulationunderthissectionexpires1 year after it
is made unless it is earlier repealed.(3)This
section expires 2 years after it commences.˙Repeal39.TheFriendly Societies Act 1991is
repealed.ATTACHMENTsection
16FRIENDLY SOCIETIES CODE[TheFriendly Societies (Queensland) Act
1997section 5 applies theFriendly Societies
Code set out in theFriendly Societies (Victoria) Act1996(Vic),schedule1asalawofQueenslandandprovidesthatitmay be referred to as the Friendly
Societies (Queensland) Code.UndertheFriendlySocieties(Queensland)Act1997,section16(4)the Friendly
Societies (Queensland) Code is reprinted as a separatereprint.]
