QueenslandFriendly
Societies Act 1991FRIENDLYSOCIETIESREGULATION1991Reprinted as in force on 9 October
1996(includes amendments up to SL No. 123 of
1995)Reprint No. 1AThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThisregulationisreprintedasat9October1996.Thereprintshowsthelawasamendedbyallamendmentsthatcommencedonorbeforethatday(ReprintsAct1992 s
5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.This page is specific to this
reprint.See previous reprint for information about
earlierchanges made under the Reprints Act
1992.A table of earlier reprints is included
inthe endnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprint.
s15s4Friendly Societies Regulation 1991FRIENDLY SOCIETIES REGULATION 1991[as
amended by all amendments that commenced on or before 9 October
1996]†PART 1—PRELIMINARY˙Short
title1.ThisregulationmaybecitedastheFriendlySocietiesRegulation1991.˙Commencement2.This
regulation commences on 1 August 1991.˙Registrar may approve forms3.(1)In this
regulation—“approved form”for a purpose
means the form approved by the Registrarfor the
purpose.(2)For the purposes of the Act, the
prescribed forms are the approvedforms.(3)A person may ask the Registrar for a
copy of a document setting outthe approved form
for a purpose.(4)The Registrar must comply promptly
with the request.˙Fees4.The
fees to be paid for the purposes of the Act are the fees set out
inSchedule 2.
s56s6Friendly Societies Regulation 1991˙Lodgment of documents5.(1)A written
document that is lodged with the Registrar—(a)must
be on A4 paper (or a multiple of A4) of medium weightand
good quality; and(b)mustnotbeacarboncopyoracopyreproducedbyaspiritduplication
method; and(c)mustbeabletobereproducedbyameanssatisfactorytotheRegistrar; and(d)must
have written on the first sheet—(i)the
name of the friendly society; and(ii)the
title of the document; and(iii)the name,
address and telephone number of the person bywhom the
document is lodged; and(e)unless it is a
document lodged for the purposes of section 3.1 ofthe
Act, must be signed by an officer of the friendly society.(2)The name of the person who signed the
document must be writtenlegibly under the person’s
signature.†PART 2—REGISTRATION AND
INCORPORATION˙Prescribed particulars—application for
registration of friendly society6.Forthepurposesofsection3.1(4)(c)oftheAct,theprescribedparticulars
are—(a)acopyofthestatementoftheproposedobjectsofthesocietypresented to the
meeting, signed and certified by those who actedas
chairperson and secretary at the meeting; and(b)thefullname,address,directorshipsheld,andnatureofappointment of each proposed executive
officer and director ofthe friendly society; and
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77s 10Friendly Societies
Regulation 1991(c)full particulars of the educational
qualifications and experience ofeach proposed
executive officer of the friendly society.˙Advertising change of name of friendly
society7.For the purposes of section 3.9(5) of
the Act, a friendly society mustadvertise a
change of name in a daily newspaper circulating generally inQueensland within 14 days after the change of
name takes effect.˙Model rules8.For
the purposes of section 3.15 of the Act, the model rules are as
setout in Schedule 3.˙Alteration of rules of friendly
society9.For the purposes of section 3.16 of
the Act, a proposed alteration ofthe rules of a
friendly society is registered as prescribed if application
ismade in the approved form and the Registrar
certifies that the alteration hasbeen
registered.†PART 3—MANAGEMENT˙Disqualification from acting as
director—prescribed authorities10.Forthepurposesofsection4.5(4)(b)oftheAct,theprescribedauthorities
are—(a)for Tasmania—the General Manager of
Corrective Services;(b)for New South
Wales—the Director-General of the Departmentof Corrective
Services;(c)for South Australia—the Executive
Director of the Department ofCorrectional
Services;(d)forVictoria—theDirector-GeneraloftheDepartmentofCorrective Services;
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118s 12Friendly Societies
Regulation 1991(e)for Western Australia—the Executive
Director of the Departmentof Corrective Services;(f)for Queensland—the Director-General of
Corrective Services;(g)for the Northern
Territory—the Director of Correctional Services.˙Loans to directors and related
persons11.For the purposes of section 4.16 of
the Act, a prescribed relationshipto a director is
that of—(a)spouse (including a de facto spouse);
or(b)parent,step-parent,brother,sister,stepbrother,stepsister,daughter, son,
stepdaughter or stepson; or(c)adependentofthedirector(otherthanapersonreferredtoinparagraph (a) or
(b)); or(d)the spouse (including a de facto
spouse) of a person referred to inparagraph (b) or
(c).˙Meetings—advertising
requirements12.For the purposes of section 4.19(9) of
the Act, a notice complies withsection
4.19(8)(b) of the Act if—(a)itisadvertisedinthepublicnoticescolumnofanewspapercirculatinggenerallythroughoutAustraliaandanewspapercirculating generally in the area of the
friendly society’s registeredoffice;
and(b)it is not less than 6 cm in width and
10 cm in depth; and(c)it includes—(i)the
society’s registered name; and(ii)the
address of the society’s registered office; and(iii)the
type of meeting to be held and the venue, date and timeof
the meeting; and(iv)a description of
the business to be discussed at the meeting,including the
details of any special resolution; and
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139s 14Friendly Societies
Regulation 1991(v)if applicable, a statement that the
accounts, statements andreportsreferredtoinsection4.29(1)oftheActwillbeavailable at the meeting and may be
inspected at the society’sregistered office or obtained by
members on request beforethe meeting; and(d)a
copy of the advertisement is lodged with the Registrar before
itis published.˙Special resolution13.For
the purposes of section 4.23(3) of the Act, an application, in
theapproved form, for registration of a special
resolution must be lodged withthe Registrar
within 14 days after the resolution is passed.˙Particulars required to be included in
registers14.For the purposes of section 4.26(3) of
the Act—(a)the register of members of a friendly
society is required to containthe following
particulars in respect of each member—•surname•other names (in full)•address•date
of birth•date of admission to the society;
and(b)the register of directors, principal
executive officer, and secretaryofafriendlysocietyisrequiredtocontainthefollowingparticulars(whererelevant)inrespectofeachdirectorandprincipal executive officer and the
secretary—•surname•other names (in full)•address•date
of birth•occupation
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1410s 14Friendly Societies
Regulation 1991•date of election as director•office held•date
of termination of office; and(c)the
register of loans to, and securities given by, a friendly
societyis required to contain the following
particulars in respect of eachloan or
charge—•name and address of mortgagee or
person entitled to charge•date on which
consent of board or committee was given•date
of loan•amount of charge created•security given, including description
of property mortgagedor charged•registered number of security or
charge•date for repayment of loan•date security released from charge;
and(d)the register of investments made by a
friendly society is requiredtocontainthefollowingparticularsinrespectofeachinvestment—•date
authorised•nature of investment•face value•series number (if applicable)•maturity date•particulars relating to interest including
rate•due date of interest•date purchased•name
of fund (if relevant)•contract note
number (if relevant)•price
paid
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1411s 14Friendly Societies
Regulation 1991•net cost•redemption details (amount and date proceeds
received); and(e)the register of land vested in, or
leased by, a friendly society isrequired to
contain the following particulars in respect of eachparcel of land—•fund
invested and ledger account•locality•street and lot number•title reference•estate held (fee simple, or leasehold and
term)•cost/rental•date
purchased•date of approval of board; and(f)the register of loans made by, and
securities taken by, a friendlysociety is
required to contain the following particulars in respectof
each loan—•name of person to whom loan
made•date loan approved•amount of advance•particulars relating to interest, including
rate•security taken•title reference•mortgage reference•repayment details•ledger account reference; and(g)the register of assignments is
required to contain the followingparticulars in
respect of each assignment—•name
of transferor•table or rule involved
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1512s 15Friendly Societies
Regulation 1991•date of admission to table•date of registration•name of transferee•address of transferee•related dealings (if any).˙ModificationofParts3.6and3.7ofCorporationsLaw—Accountsand audit15.(1)Forthepurposesofsection4.27(i)oftheAct,eachofthefollowing provisions of the
Corporations Law is modified in the followingmanner.Section 290—Synchronisation(2)The following provisions apply instead
of section 290(10), (11), (12),(13) and
(14)—‘(10)IftheRegistrarservesacopyofanordermadeundersubsection (9) on
a holding friendly society, the directors of that societymay,
within 2 months after the service of that order, appeal against the
orderto the Court.‘(11)The
Court is to determine the appeal and may for that purpose—(a)exercise any power that the Registrar
has; and(b)make any order that the Registrar may
make;on an application under this section.‘(12)If an
application under this section is made by the directors of aholding friendly society, subsection (1) does
not apply to the corporationthat is the
subsidiary to which the application relates until the application
isgranted or an appeal against a refusal to
grant that application is determined.‘(13)If
the Registrar or the Court makes an order granting an
applicationunder this section, compliance with the terms
of that order is to be taken tobe compliance
with subsection (1).‘(14)If the Registrar
or the Court makes an order refusing an applicationunder
this section, the directors of the holding friendly society must
complywith subsection (1) within 12 months
after—
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1513s 15Friendly Societies
Regulation 1991(a)ifnoappealislodged—thedateofserviceofthecopyoftheRegistrar’s order; or(b)if an appeal is lodged and the appeal
is withdrawn—the date onwhich the appeal is withdrawn;
or(c)if the order is made by the Court—the
date on which the Courtmakes the order.‘(15)If
an application under this section is refused by the Registrar or
onappeal, the directors of the holding friendly
society are not entitled to make afurther
application under this section within 3 years after the date of
therefusal.’.Section 292—Profit and loss(3)Thefollowingadditionalprovisionappliesintheapplicationofsection 292—‘Allitemsofincomeorexpensethatarebroughtintoaccounttodetermine the surplus or deficit of the
friendly society and each of its fundsmust be
separately itemised.’.Section 313—Relief from requirements as
to accounts and reports(4)In the
application of section 313(8) and (14) a reference to the
Gazetteis to be taken to be a reference to the
Queensland Government Gazette.(5)Thefollowingadditionalprovisionsapplyintheapplicationofsection 313—‘(15)A
friendly society may appeal to the Court against—(a)an order made under subsection (2) or
(6); or(b)the revocation or suspension of such
an order; or(c)the refusal of an application for an
order or for the revocation orsuspension of an
order.‘(16)The appeal is to
be lodged within 2 months after service of noticeof
the making, revocation or suspension of the order or, as the case
may be,within 2 months after publication of notice
of the making, revocation orsuspension of the
order.‘(17)The Court may
confirm, modify or set aside the order and maymake any other
order it thinks fit.’.
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1614s 18Friendly Societies
Regulation 1991Section 329—Removal and resignation of
auditors(6)Thefollowingadditionalprovisionsapplyintheapplicationofsection 329(6)—‘An
auditor, or a firm of auditors, appointed by a friendly society,
who isaggrieved by the Registrar’s refusal to
consent to the auditor’s or the firm’sresignationmayappealtotheCourtwithinonemonthafterthedateofreceiving notice of the refusal.‘The Court may, after giving the
friendly society an opportunity to beheard, confirm
the Registrar’s refusal or consent to the auditor’s
resignationand may make any other order it thinks
fit.’.˙Application of
Division 5 of Part 4 of the Act—Actuarial valuations16.For the purposes of section 4.33 of
the Act, the following funds arebenefit funds to
which Division 5 of Part 4 of the Act apply—(a)sick
and funeral funds;(b)lifeassurancefunds,includingflexibleendowmentassurancefunds;(c)annuity funds.˙Appointment of actuary—qualified
person17.Forthepurposesofsection4.34(7)(c)oftheAct,theprescribedamount is $5
000.†PART 4—FUNDS˙Modification of Part 3.5 of the Corporations
Law—Charges18.For the purposes of section 5.2 of the
Act, a reference in that sectiontoaprovisionoftheCorporationsLawistobetakentoincludeanyregulation made pursuant to those provisions
modified so that—(a)a reference to the register of company
charges is taken to be a
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1915s 20Friendly Societies
Regulation 1991reference to the register of friendly
society charges; and(b)areferencetotheGazetteistakentobeareferencetotheQueensland
Government Gazette.˙Investment of funds19.(1)For
the purposes of section 5.3 of the Act, a friendly society
mayinvest its funds from sources other than
benefit funds as follows—(a)in loans to or
shares in a subsidiary corporation of the friendlysociety;(b)in
loans to or shares in a related body corporate;(c)in
loans to or shares in joint ventures with other friendly
societiesorforeignfriendlysocieties,whetherornotthejointventurearrangement is by way of
incorporation;(d)in loans to or shares in
dispensaries;(e)ifafriendlysocietyisacontinuingsocietythatwasahousesociety under
the former Act—in stock, shares or debentures ofthe
body corporate whose officers and employees comprise thatfriendly society.(2)A
friendly society may also invest its funds from any source—(a)in the withdrawable shares of, or on
the deposit of an amountwith, a building society (other than a
building society approvedfor section 21(1)(k) of theTrusts Act 1973); and(b)in the withdrawable shares of, or on
the deposit of an amountwith, a credit union.(3)In subsection (1)(e)—“continuing society”has the same
meaning as in section 13.2 of the Act;“former
Act”has the same meaning as in section 13.2 of
the Act.˙Benefit fund limit20.For
the purposes of section 5.10(5) of the Act, in the case of a
singlepremiumendowmentfund,theprescribedamount(exclusiveofany
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2116s 25Friendly Societies
Regulation 1991bonuses or additions declared on assurances)
is—(a)$150 000; or(b)0.2%
of the assets of the fund as shown on the last annual returnof
the friendly society;whichever is the higher.˙Dispensing with probate or letters of
administration21.For the purposes of section 5.17(1) of
the Act, the prescribed amountis $10
000.˙Contribution rates22.Section 5.19 of the Act applies to benefits
payable from—(a)sick and funeral funds; or(b)lifeassurancefunds,includingflexibleendowmentassurancefunds; or(c)annuity funds.˙Surrender and alteration of
benefits—applicable benefits23.For
the purposes of section 5.21(b) of the Act, a benefit payable
froma life assurance fund is an applicable
benefit.˙Operating standards—Division 6 of Part
5 of the Act24.Sections 25, 26 and 27 are operating
standards for the purposes ofsections 5.25 to
5.27 of the Act.˙Liquid assets25.(1)For
the purposes of section 5.24 of the Act, the following
assetsare prescribed as liquid assets—(a)cash on hand and at a bank;(b)deposits in a bank;
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2517s 25Friendly Societies
Regulation 1991(c)certificates of deposit issued by a
bank;(d)interest bearing deposits in a
bank;(e)public funds or Commonwealth, State or
Territory Governmentsecurities;(f)securities of which repayment of the amount
secured and intereston that amount is guaranteed by the
Commonwealth or a State orTerritory Government;(g)securities charged on the funds or
other property of the BrisbaneCity Council or
another local authority in the State;(h)investments with or securities issued by the
Queensland IndustryDevelopment Corporation;(i)assets invested with any dealer in the short
term money market,approvedbytheReserveBankofAustraliaasanauthoriseddealer, who has
established lines of credit with that bank as lenderof
last resort;(j)any bill of exchange accepted by a
bank which—(i)at the time of requisition has a
maturity date of not morethan 200 days; and(ii)if
purchased for value—confers on holders in due course aright of recourse against a bank as the
acceptor or endorserof the bill for an amount equal to the
face value of the bill;(k)inthepurchaseofsharesin,orthedepositofmoneyswith,apermanent building society that is
approved under section 227 oftheBuilding Societies Act 1985.(2)An asset or
investment referred to in subsection (1) is not a liquidasset
to the extent of any amount necessary to satisfy a lien or charge
(otherthan a floating charge) over the asset or
investment.(3)The value of the liquid assets of a
friendly society is the total of themonetary value of
each asset or investment referred to in subsection (1) ofthe
society (being the face value or market value of the asset or
investment,whicheveristhelower)afterexcludinganyamountreferredtoinsubsection
(2).
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2618s 27Friendly Societies
Regulation 1991˙Maintenance of liquid assets26.(1)A friendly
society that maintains a health insurance fund (otherthan
a fund required to maintain a solvency ratio under any provision of
theNationalHealthAct1953(Cwlth)orasaconditionofanyexemptiongrantedbytheMinisteradministeringthatAct)isrequiredtomaintainliquid assets of
not less than two-twelfths of the total contributions made
tothe fund during the friendly society’s
previous financial year.(2)A friendly
society that maintains a benefit fund in which a contributorsubscribes for a bond (whether or not it
includes any death benefit) whichmay be
surrendered or withdrawn at any time is required to maintain
liquidassets of not less than 25% of the balance of
the fund, after subtracting anyloansfromthefundtofundmembersonthesecurityofthemembers’interest in the fund.(3)Afriendlysocietythatmaintainsabenefitfundnotincludedinsubsection (1) or (2) is required to maintain
liquid assets of not less than10% of the
balance of the fund, after subtracting any loans from the fund
tofund members on the security of the members’
interest in the fund.(4)A friendly
society that maintains a fund in which the assets of anybenefit fund are not required under section
5.11(8) of the Act to be keptseparate from
other assets of the friendly society, is required to
maintainliquid assets of not less than 10% of the
balance of the combined fund, aftersubtracting any
loans from the fund to fund members on the security of themembers’ interest in the fund.˙Requirements for managed funds27.(1)In this
section—“managedfund”meansabenefitfundforwhichanactuarymustbeappointed under section 4.34 of the
Act and any other benefit fund thecontributors to
which are led to expect profits, interests or monetarygain
from participation in that benefit fund;“unencumberedassets”meansthemonetaryvalueoftheassetsofthefriendly society
which are not the assets of a benefit fund (being thecost
of the assets as recorded in the books of the society with
properallowance for depreciation or diminution in
value and reduced by theamount necessary to satisfy any lien
or charge on those assets).
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2819s 29Friendly Societies
Regulation 1991(2)Afriendlysocietymustnotestablishormaintainabenefitfundwhich
is a managed fund unless the society maintains unencumbered
assetsof not less than—(a)5%
of the aggregate of all managed funds of the society; or(b)$1 000 000;whichever is the
lower.˙Inspection of documents in Registrar’s
Office—prescribed documents28.Forthepurposesofsection8.8(1)(c)oftheAct,thefollowingdocuments are
prescribed documents—(a)documents lodged
with the Registrar under section 4.29(1) of theAct;(b)documents provided to the Registrar
under section 5.27(1) of theAct;(c)documents (other than a form of annual
return) provided to theRegistrar under section 8.4 of the
Act.˙ModificationofParts5.2and5.3ofCorporationsLaw—OfficialManagement29.Forthepurposesofsection10.1oftheAct,theprescribedmodificationstoParts5.2and5.3oftheCorporationsLawincludemodifications by
means of which, in those Parts and in regulations madefor
the purposes of those Parts—(a)references to a company are taken to be
references to a friendlysociety; and(b)references to a special resolution or an
extraordinary resolutionaretakentobereferencestoaspecialresolutionwithinthemeaning of theFriendly
Societies Act 1991; and(c)referencestotheGazettearetakentobereferencestotheQueensland Government
Gazette.
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3020s 30Friendly Societies
Regulation 1991˙Modification of Parts 5.4 to 5.8 of
Corporations Law—Winding up offriendly
society30.(1)Forthepurposesofsection10.2oftheAct,theprescribedmodificationstoParts5.4to5.8oftheCorporationsLawincludemodifications by
means of which, in those Parts and regulations made forthe
purposes of those Parts.(2)Referencestoacompanyaretakentobereferencestoafriendlysociety.(3)References to a special resolution or
an extraordinary resolution aretakentobereferencestoaspecialresolutionwithinthemeaningoftheFriendly Societies Act 1991.(4)The reference in
section 544 to the Minister is taken to be a referenceto
the Treasurer of Queensland.(5)Thewords‘tobedealtwithunderPart9.7’areomittedfromsection
544.(6)References to the Gazette are taken to
be references to the QueenslandGovernment
Gazette.(7)The application of section 544 is
subject to the following additionalprovisions—‘(6)There must be established and kept in the
Treasury in the publicaccountsaspartoftheTrustandSpecialFundsafundtobecalledtheFriendly Societies Liquidation
Account.‘(7)Moneys paid to
the Treasurer of Queensland are to be paid to thecredit of the Friendly Societies Liquidation
Account.‘(8)Where, at the
expiry of 6 years after the date on which unclaimedmoneyswerepaidtothecreditoftheFriendlySocietiesLiquidationAccount, those
moneys have not been paid out of the account in accordancewith
this section, those moneys are to be paid to the Consolidated
Fund.‘(9)Where a person
claims to be entitled to any moneys paid to the creditof
the Friendly Societies Liquidation Account, the Treasurer of
Queenslandmust, if satisfied that the person is
entitled to that money, direct payment ofthatmoneytobemadetothatpersonoutoftheFriendlySocietiesLiquidation Account or, if the money has been
paid to the ConsolidatedFund under subsection (8), direct
payment to the person of an equivalent
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3021s 30Friendly Societies
Regulation 1991amount.‘(10)A
person who is dissatisfied with a decision of the Treasurer
ofQueensland on a claim made under subsection
(9) may appeal to the Courtand the Court may
confirm or vary the Treasurer’s decision and may makeany
other order it thinks fit.‘(11)If a person
claims to be entitled to moneys that have been paid toanother person under this section, the
Treasurer of Queensland is not liabletothatpersoninrespectofanymoneyspaidingoodfaithandwithoutnegligence but
that person may recover those moneys from the person towhom
they have been paid.‘(12)Ifapersonclaimstobeentitledtomoneys,beingmoneysanamountequivalenttowhichhasbeenpaidtoanotherpersonundersubsection (9)
out of the Consolidated Fund, the Treasurer of Queensland isnot
liable to that person in respect of any moneys paid in good faith
andwithoutnegligencebutthatpersonmayrecoverthosemoneysfromtheperson to whom they have been
paid.’.(8)The reference in
sections 577(3) and (4) to the Minister is to be takento be
a reference to the Treasurer of Queensland.(9)Thewords‘tobedealtwithunderPart9.7’areomittedfromsection
577(4).(10)Section 577 is
subject to the following additional provisions—‘(4A)Moneys paid to the Treasurer of Queensland
under this section areto be paid to the Consolidated
Fund.‘(4B)A person making
a claim in respect of any moneys paid to theTreasurer of
Queensland under subsection (4) may apply to the Court for
anorder for payment of an amount to him or her,
and the Court, if satisfiedthatanamountshouldbepaidtohimorher,mustmakeanorderforpayment.‘(4C)If
the Court makes an order for the payment of an amount undersubsection (4B) or the Treasurer of
Queensland is otherwise of the opinionthatanamountshouldbepaidtoapersonoutofmoneyspaidtotheTreasurer under
this section, the Treasurer must pay that amount to thatperson.’.
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3122s 32Friendly Societies
Regulation 1991†PART 5—FOREIGN FRIENDLY
SOCIETIES˙Certification and verification of
documents31.(1)Forthepurposesofsection11.2(1)(a)oftheAct,thecertifiedcopy of a
certificate of incorporation or registration must be a copy that
hasbeen certified within 3 months before it is
lodged with the Registrar by anofficial holding
an office or purporting to hold an office that correspondswith
the office of Registrar in the State or Territory in which the
foreignfriendly society is formed or
incorporated.(2)For the purposes of section 11.2(1)(b)
of the Act, the certified copyofaforeignfriendlysociety’srulesorotherinstrumentconstitutingordefiningitsconstitutionmustbeacopythathasbeencertifiedwithin3 months before
it is lodged with the Registrar by—(a)anofficialholdingorpurportingtoholdanofficethatcorresponds with the office of Registrar in
the State or Territoryin which the foreign friendly society
is formed or incorporated; or(b)a
director or the secretary of the foreign friendly society.(3)Forthepurposesofsection11.2(1)(e)oftheAct,themannerofverification of a memorandum of appointment
or power of attorney underseal is by statutory declaration in the
approved form.(4)Despite subsections (1) and (2), the
Registrar may, in a particularcase, accept a
document which has been certified by a person referred to inthose
subsections more than 3 months before the documents are lodged
iftheRegistrarissatisfiedthatitwouldbeunreasonabletorequirestrictcompliance with subsection (1) or (2) or both
of them.˙Particulars of change or alteration in
documents etc.32.Forthepurposesofsection11.3(1)oftheAct,thefollowingadditional
documents are to be lodged with the Registrar—(a)where any change or alteration is made in
the rules of a foreignfriendly society or other instrument
lodged with the Registrar—acopy of—(i)the instrument effecting the change or
alteration; or
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3323s 34Friendly Societies
Regulation 1991(ii)the rules or
other instrument as changed or altered;certifiedinthesamemannerasacertifiedcopyreferredtoinsection 31(2);(b)where any change or alteration is made in
the name of a foreignfriendly society—a copy of the
certificate or document evidencingthe change or
alteration, certified in the same manner as a certifiedcopy
referred to in section 31(1);(c)whereanychangeoralterationismadeinthepowersofanydirectors resident in the State who
are members of the local boardofdirectorsoftheforeignfriendlysociety—amemorandumexecuted by or
on behalf of the foreign friendly society stating thechange or alteration made in the powers of
the local directors.†PART
6—GENERAL˙Amount of penalty33.For
the purposes of section 12.20 of the Act, the prescribed
amountof a penalty that a friendly society may
impose on a member is $50.00.˙Notice
concerning assets—continuing societies34.(1)For
the purposes of section 13.4(2) of the Act, the notice that
mustbe given by the secretary of a continuing
society must be accompanied by astatutorydeclarationmadebyatleast1personwhoholdstheestateorinterestinlandreferredtointhenoticeintrustfororonbehalfofthesociety.(2)IfthenoticeistobelodgedwiththeRegistrarofTitles,itmustinclude a
completed backing sheet that complies with theRealPropertyRegulation
1993.(3)If the notice is
to be lodged with some person other than the Registrarof
Titles, the appropriate form and the backing sheet may be modified
forthat purpose.
24Friendly Societies Regulation
1991¡SCHEDULE 2†FEESsection 41.For an application for registration of
a friendly society. .2.Foranapplicationforregistrationofaforeignfriendlysociety. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .3.For an application for exemption from
section 3.10(1) ofthe Act. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .4.Foranapplicationforregistrationofanalterationofrules—each rule. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.maximum payable on 1 application . . . . . .
. . . . . . . . . . .5.For an
application for registration of a special resolution .6.For lodging a notice of particulars of
a charge . . . . . . . . .7.For lodging a
notice of assignment of a charge . . . . . . . .8.For lodging a notice of variation in
the terms of a charge9.Forlodgingamemorandumofsatisfactionofdebtrelating to a
registered charge . . . . . . . . . . . . . . . . . . . . .
.10.For issuing a certificate of
registration of a charge . . . . . .11.Foranapplicationforapprovalofastatementrequiredunder section 4.22(3) of the Act. .
. . . . . . . . . . . . . . . . .12.For
an application for approval of an advertisement of aninvestor information memorandum . . . . . .
. . . . . . . . . . .13.For an
application for approval of any other advertisement14.Foranapplicationforapprovalofastatementrequiredunder section 7.1(3) or 7.4(2) of the Act .
. . . . . . . . . . . .15.For registration
of an amalgamation under section 7.7 ofthe Act. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.16.For inspection at the office of the
registrar of registrationdocuments and rules, or a document
lodged under the Act$400.00212.00400.005.00195.005.0056.0033.5033.5033.5014.0053.00107.0021.5053.0021.50
25Friendly Societies Regulation
1991SCHEDULE 2 (continued)or a
corresponding previous law of the State in relationto—(a)a friendly
society; or(b)a foreign friendly society; or(c)a body exempted under section 3.10(1)
of the Act.17.For an inquiry,
other than an inquiry in person, involvingan inspection to
which item 16 refers. . . . . . . . . . . . . . .18.For the supply of each page of a
certified copy of, or anextract from, a document to which item
16 refers . . . . . .19.For the supply
of each page of an uncertified copy of, oran extract from,
a document to which item 16 refers . . . .20.For
an application to the registrar to exercise the powersconferred by section 575 or 577 of the
Corporations Law,as applied by section 10.2 of the Act . . .
. . . . . . . . . . . . .21.For an act done
by the registrar as representing a defunctfriendly society
or its liquidator under section 575 of theCorporations
Law, as applied by section 10.2 of the Act .22.For
an act done by the registrar under section 577 of theCorporations Law, as applied by section 10.2
of the Act .23.For an application made under the Act
for which a fee isnot provided by any other item. .
. . . . . . . . . . . . . . . . . .6.0011.0011.005.0085.0085.0085.0021.50
26Friendly Societies Regulation
1991¡SCHEDULE 3†MODEL RULES˙Name
of society1.The name of the friendly society is
the [insert name].˙Registered office2.Theaddressofthefriendlysociety’sregisteredofficeis[insertaddress].˙Seal3.(1)The
friendly society’s seal must show the society’s name within2
concentric circles around the words ‘Common Seal’.(2)Thesealisonlytobeusedwhenauthorisedbyresolutionoftheboard or of a general meeting and is to
be attested by the signature of adirectorandthesecretaryorbythesecretaryandsomeotherpersonauthorised by the
board.(3)A resolution may confer a continuing
authority to use the seal.˙Custody of books
etc.4.(1)Unless the board
directs otherwise, all books of account, securities,mortgagesandotherdocumentsaretobekeptatthefriendlysociety’sregistered office.(2)Adirectionundersubrule(1)istobegivenonlyiftheboardissatisfied that proper safety and
security for the society’s documents can beprovided at a
place other than the registered office.
27Friendly Societies Regulation
1991SCHEDULE 3 (continued)˙Objects5.The
friendly society’s objects are—[insert relevant
objects permitted by section 2.1 of the Act].˙Membership6.(1)Apersonwhoisacontributortoanyofthefriendlysociety’sbenefit funds is a member of the
society.(2)A dependant of a contributor to any of
the friendly society’s benefitfunds is entitled
to be admitted as a member of the society.(3)A
former contributor to any of the friendly society’s benefit funds
ora dependant of a former contributor is
entitled to be admitted as a memberof the society if
he or she is entitled to a benefit from any of those funds.(4)Apersonwhoisnotamemberofthefriendlysocietymaybeadmitted as an
honorary member of the society.(5)Anhonorarymemberisnotentitledtovoteatameetingofthefriendly society.(6)A
member is only entitled to those benefits and privileges that
attachto the benefit fund to which the member is a
contributor or of which themember is a
beneficiary.˙Cessation of membership7.A member ceases to be a member
if—(a)he or she dies; or(b)his
or her membership contract is rescinded on the grounds ofmisrepresentation or mistake; or(c)his or her eligibility for benefit
from a benefit fund is terminatedunder the fund’s
rules.
28Friendly Societies Regulation
1991SCHEDULE 3 (continued)˙Settlement of disputes8.Disputes between the friendly society
and—(a)any officer of the society; or(b)a member of the society or a person
who claims by or through amember under these rules;that
does not involve determination of a question of law is to be
settled byarbitration under theCommercial
Arbitration Act 1990.˙Board
of directors9.(1)Thefriendlysociety’sboardistoconsistof[insertnumber]directors.(2)The
board may appoint a member who is qualified to be a director
toact during the absence of a director.(3)Amembermaybeelectedatageneralmeetingtofillacasualvacancy in the
office of director for the remainder of the former
director’sterm of office.˙Election of directors10.(1)The
first directors are to be elected at the meeting for the
formationof the friendly society.(2)At
each annual general meeting [insert number] directors are to
retire.(3)The order in which directors are to
retire is to be determined by theboard or, if
necessary, by lot.(4)If the order of retirement is
determined by lot, directors retire in theorder in which
names are withdrawn.(5)The manner in which nominations for
election as a director and theelection is to be
conducted must be determined by the board.(6)Aretiringdirectorwhoisqualifiedforelectioniseligibleforre-election without nomination.(7)The election is to be conducted at an
annual general meeting.
29Friendly Societies Regulation
1991SCHEDULE 3 (continued)(8)If
less than 5 directors are elected, the meeting is to stand
adjournedto a date, time and place notified by the
secretary in writing.(9)A further
election is to be held at the resumed meeting but only to
fillthe remaining vacancies of directors.˙Removal from office11.A
director must not be removed from office unless the director
hasbeen given an opportunity to be heard.˙Board meetings12.(1)Thesecretarymustsummonaboardmeetingwheneverthechairperson directs or 2 or more directors
request a meeting.(2) Except in circumstances which the
chairperson considers are specialcircumstances, at
least 14 days written notice of the date, time and place of
aboard meeting is to be given to
directors.(3)Adecisionofamajorityofthedirectorspresentandvotingisadecision of the board.(4)Thequorumforaboardmeetingisatleasthalfthenumberofdirectors.(5)Ifthenumberofdirectorsfallsbelowaquorumtheremainingdirectors may
only act for the purpose of filling casual vacancies on theboard.(6)If
the chairperson is not present within 5 minutes after the time
whenaboardmeetingistobeheld,thedirectorspresentmaychooseachairperson for the meeting.˙Notices13.A
notice of meeting may be given personally or by post and if
givenby post is to be taken to have been received
on the day when the noticewould ordinarily have been delivered by
post.
30Friendly Societies Regulation
1991SCHEDULE 3 (continued)˙Act
etc. to be available at registered office14.The
board must ensure that a copy of the Act, regulations, modelrules
and rules of the friendly society are at all times available to
membersat the society’s registered office.˙Insurance15.Thefriendlysocietymustatalltimesmaintainwithaninsureradequate
insurance—(a)to protect the society’s assets;
and(b)toindemnifyofficersforthepurposesprescribedbysection 4.9(2) of the Act.˙Annual general meeting—agenda16.The agenda for the friendly society’s
annual general meeting is—(a)toapproveandadoptasarecordtheminutesofthepreviousannual general
meeting and any subsequent general meeting forwhich minutes
have not been approved and adopted;(b)to
receive from the board, auditors, actuaries or other officers
ofthe friendly society reports, on the
society’s transactions;(c)to elect
directors;(d)to determine the remuneration of
directors;(e)to consider any special business of
which notice has been given.˙Special general meetings17.(1)Theboardmayfromtimetotimeconvenespecialgeneralmeetings of the friendly society.(2)If not less than 10% of the members or
20 members, whichever islower, request a special general
meeting, the board must convene such ameeting within 21
days of the date of deposit of the request at the society’sregistered office.
31Friendly Societies Regulation
1991SCHEDULE 3 (continued)(3)A
request must—(a)be signed by all members making the
request; and(b)be deposited at the friendly society’s
registered office;and may consist of any number of similar
documents signed and lodged bymembers.(4)If the board does not convene a
special general meeting that has beenrequestedbymembers,thememberswhorequestedthemeetingmayconvenethemeetingatanytimewithin3monthsafterdepositoftherequest.(5)Allreasonablecostsincurredbymemberswhoconveneaspecialgeneral meeting
are to be refunded by the friendly society and are to bededucted by the society from payments due to
the directors as fees or otherremuneration for
services.˙General meetings18.(1)A
quorum at a general meeting is 8 members.(2)Notice of a resolution proposed to be
submitted at a general meetingis to be given to
the secretary at least 21 days before the date of the
meetingand is to be included in the notice of
meeting given to members.(3)If the
chairperson is not present within 15 minutes after the
notifiedtime for the general meeting, the members
present may choose a memberto chair the
meeting.(4)The chairperson’s declaration that a
resolution has passed on a showof hands is,
prima facie, evidence of that fact.(5)If a
poll is demanded, the poll must be taken immediately.˙Financial year19.The
friendly society’s financial year ends on [insert date] in
eachyear.
32Friendly Societies Regulation
1991SCHEDULE 3 (continued)˙Banking20.(1)The
board must establish as many bank accounts in the name ofthe
friendly society as the board considers necessary.(2)All moneys received by or on behalf of
the friendly society must bedeposited to the
credit of the appropriate bank account as soon as possibleafter
it is received.(3)Cheques drawn on a friendly society
account and all drafts, bills ofexchange,promissorynotesandothernegotiableinstrumentsfororonbehalfofthesocietymustbesignedby2directorsorany2personsauthorised by the board.˙Winding up21.If
the friendly society is wound up, any surplus on the winding
upmust, subject to any lawful claim against the
surplus, be vested in the [insertname of friendly
society].˙Raising of funds22.Thefriendlysocietymayraisefundsby[insertmethodbywhichfunds are to be
raised].˙Investments23.The
friendly society may invest its funds in [insert nature and
extentof investments authorised by section 5.3 of
the Act and section 20].˙Loans and
advances24.(1)An applicant for
a loan on the security of real property must—(a)complete and lodge an application in the
form approved by theboard; and(b)pay
any fees required by the board; and(c)provide any information that is necessary to
enable a valuation of
33Friendly Societies Regulation
1991SCHEDULE 3 (continued)thepropertytobemadeandthetitletothepropertytobeinvestigated.(2)The
board may impose any conditions that it considers necessary
inmaking an advance, including but not limited
to conditions—(a)that a guarantor acceptable to the
board guarantee the advance;(b)that
the borrower effect a life insurance policy or benefit of anamount fixed by the board, the proceeds of
which may be appliedtowards repayment of the
advance;(c)that a policy of mortgage insurance
for the amount of the advancebeeffectedattheborrower’sexpensewithanauthorisedmortgage
insurer;(d)thatsuchothercollateralorsecurityastheboardconsidersappropriate be given.(3)If
an advance is to be secured by a mortgage over real property
theboardmayrequirethatasurveyofthepropertybecarriedoutattheborrower’s
expense.(4)A mortgage must—(a)containsuchusualandothercovenantsastheboardconsidersappropriate and
necessary to secure the advance; and(b)secure the payment of the advance (including
any further advancethatthesocietymaymake)andthepaymentofsubscriptions,levies, duties,
fines, interest, charges and other money to which aborrower is or may become liable under the
mortgage.˙Solicitor25.The
Board must engage a solicitor to act as solicitor for the
friendlysociety.˙Assignment of benefits26.Amemberservingonthefriendlysocietyaninstrumentofassignment of a contract for the provision
of—
34Friendly Societies Regulation
1991SCHEDULE 3 (continued)(a)life
insurance benefits; or(b)superannuation
benefits; or(c)a benefit in the form of an
annuity;must pay the fee of [insert fee].˙Nomination under section 5.16 of the
Act27.The form of nomination to be used for
the purposes of section 5.16of the Act is the
form set out in Schedule 1.˙Change
of address28.A member of the friendly society who
changes his or her addressmust notify the secretary in writing
within 7 days of that change.
35Friendly Societies Regulation
1991SCHEDULE 3 (continued)SCHEDULE
1NOMINATION FORM(For completion
by a member who desires that any particular life insurance,superannuationorannuitybenefitpayableasaresultofsuchmember’sdeath, be paid subject to the Act and the
Rules to a nominated person.)TO: THE BOARD OF
DIRECTORSPursuant to section 5.16 of theFriendly Societies Act 1991,
I,.............................................................................direct
that upon my death my entitlementand benefits
accrued on or due in respect of the
...................................Fund,Policy
Certificate No. ....................to which I am entitled, be paid
in thepercentages indicated to each of the
following persons—1.2.3.SURNAME OF NOMINEE:FIRST NAME OF
NOMINEE:ADDRESS:RELATIONSHIP TO
MEMBER (if any):PERCENTAGE OF BENEFIT PAYABLE TO
NOMINEE:This nomination revokes all previous
nominations made by me with respectto the benefit
specified in this nomination.Member’s
signature:Member’s address:Date:Witness’s signature:Witness’s
address:Date:
37Friendly Societies Regulation
1991´4Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint number includes an arabic letter, the reprint was released
inunauthorised, electronic form only]Reprint No.Amendments
includedReprint date1to SL
No. 457 of 199321 December 1993´5List of legislationFriendly Societies Regulation 1991 SL No.
29pubd gaz 27 July 1991 pp 1707–53commenced 1 August 1991 (see s 2)as
amended by—Friendly Societies Amendment Regulation 1991
SL No. 121pubd gaz 2 November 1991 pp 998–1001commenced on date of publicationTreasury (Variation of Fees) Regulation 1992
SL No. 184 s 3 sch 4pubd gaz 26 June 1992 pp 2070–81ss
1–2 commenced on date of publicationremaining
provisions commenced 1 July 1992 (see s 2)Friendly Societies
Amendment Regulation (No. 1) 1993 SL No. 457notfd gaz 17
December 1993 pp 1812–21commenced on date of
notificationFriendly Societies Amendment Regulation (No.
1) 1995 SL No. 123notfd gaz 12 May 1995 pp 668–9commenced on date of notification´6List of
annotationsShort titles 1sub
1991 SL No. 121 s 5Registrar may approve formss
2sub 1993 No. 457 s 3Alteration of
rules of friendly societys 9amd 1993 No. 457
s 4Meetings—advertising requirementss
12amd 1991 SL No. 121 s 4