Part 1Preliminary1Short titleThis regulation may be cited as the Co-operatives National Law Regulation 2020.2CommencementThis regulation commences on 1 December 2020, immediately after the commencement of the Co-operatives National Law Act 2020, section 27.3DefinitionsIn this regulation—the Law means the Co-operatives National Law (Queensland).the Regulation means the Co-operatives National Regulation (Queensland).Part 2Prescribed matters4Unsuitable names for co-operatives—the Law, s 220For section 220(5) of the Law and regulation 3.7 of the Regulation, a name is declared an unsuitable name for a co-operative if the Registrar is satisfied—

(a)the name is likely to mislead, including, for example, because the name is likely to mislead a person about the nature, objects or functions of the co-operative; or

(b)the name is identical to, or closely resembles, the name of another co-operative registered in this jurisdiction or in a participating jurisdiction.

5Entities exempt from using particular words in name—the Law, ss 220 and 225For sections 220(7) and 225(2) of the Law, the following entities are exempt from sections 220(4) and 225(1) of the Law—

(a)a society under the Financial Intermediaries Act 1996;

(b)a corporation that is allowed, under an Act of a State or the Commonwealth, to use ‘co-operative’ or ‘cooperative’ or the abbreviation ‘co-op’ or ‘coop’ in its name.

6Applications for transfer—the Law, s 403For section 403(b) of the Law, a corporation under any of the following laws is prescribed—

(a)the Associations Incorporation Act 1981;

(b)the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth);

(c)the Financial Intermediaries Act 1996;

(d)another Act of a State or the Commonwealth that provides for the incorporation of a building society, credit union or friendly society.

7Allowances and expenses for involved persons—the Law, s 522For section 522(4)(b) of the Law, the allowance and the expenses prescribed are the allowances and the expenses payable under the Uniform Civil Procedure (Fees) Regulation 2019 to a witness in a civil proceeding before a District Court.8Inspection of register of co-operatives—the Law, s 601(1)For section 601(2) of the Law, the following are prescribed for the doing of a thing mentioned in section 601(1) of the Law—

(a)a person must ask the Registrar for approval to do the thing—

(i)in the approved form; or

(ii)if there is no approved form for the request, by written request given to the Registrar;

(b)the time and place for doing the thing is during the department’s usual business hours at an office of the department.

(2)For section 601(5) of the Law, definition prescribed fee, paragraph (b), the prescribed fee for doing a thing mentioned in section 601(1) of the Law is the fee prescribed by schedule 1 for doing the thing.9Procedure for giving exemptions—the Law, s 621(1)For section 621 of the Law, this section states the procedure for the giving of an exemption by the Registrar under the Law.(2)An application for an exemption must be made to the Registrar in the approved form or, if there is no approved form for the application, the application must be made in writing.(3)The application must be made within a reasonable time before the event or the occurrence of the matter for which the exemption is sought.(4)The application must be accompanied by the fee prescribed by schedule 1.Part 3Fees10Fees—Act, s 27(1)For section 27(2)(c) of the Act, the fees payable in relation to the administration of the Law are stated in schedule 1.(2)Without limiting subsection (1), the fee payable for a chargeable matter for the Corporations Act, as applied by the Law, is—

(a)the fee payable for the matter stated in schedule 1; or

(b)if a fee for the matter is not stated in schedule 1—the fee payable for the matter under the Corporations (Fees) Act 2001 (Cwlth).

(3)In this section—chargeable matter see the Corporations (Fees) Act 2001 (Cwlth), section 4(1).11Late fees—Act, s 27(1)This section applies if—

(a)an entity is required under the Law to give a document to, or file a document with, the Registrar by a particular day or within a particular period; and

(b)the entity gives the document to, or files the document with, the Registrar after the day or the end of the period.

(2)For section 27(2)(c) of the Act, the entity must pay the late fee stated in schedule 1 for the document.(3)The late fee is payable in addition to any penalty imposed under the Law for failure to give or file the document by the day or within the period.12Waiving, refunding or reducing fees—Act, s 27For section 27(2)(d) of the Act, the Registrar may waive or refund all or part of a fee, or reduce a fee, payable under the Law if satisfied there are special circumstances for doing so.Schedule 1Feessections 8(2), 9(4), 10 and 11$1Submission for approval, under section 23 of the Law, of—(a)the draft rules proposed for a co-operative81.45(b)a draft formation disclosure statement for a co-operative285.002Application for registration of a proposed co-operative if a draft formation disclosure statement is required under section 23 of the Law (the Law, s 26(1)(b)(ii))30.553Application for registration of a proposed co-operative if a draft formation disclosure statement is not required under section 23 of the Law (the Law, s 26(1)(b)(ii))30.554Application for registration of an existing corporation if a draft formation disclosure statement is required under section 23 of the Law (the Law, s 31(b)(ii))30.555Application for registration of an existing corporation if a draft formation disclosure statement is not required under section 23 of the Law (the Law, s 31(b)(ii))30.556Issue of a duplicate certificate of registration (the Law, s 37(b)(ii))47.957Copy of the rules of a co-operative under section 57(3) of the Law (the Law, s 57(3)(b))—(a)first page9.30(b)each additional page1.708Submission of a proposed amendment of rules for approval under section 60 of the Law—(a)for each rule to be altered 19.15(b)maximum fee 81.459Application for registration of an amendment of rules under section 63(2) of the Law47.9510Application for the giving of a certificate of registration of an amendment of rules under section 63(4) of the Law47.9511Application for an exemption under section 71 of the Law384.0012Registration of a disclosure statement for a required share take up or subscription under section 82(3)(a) of the Law384.0013Application under section 119(5) of the Law to further extend the period mentioned in section 119(1) of the Law47.9514Application under section 152(3) of the Law for a decision about a member’s eligibility to vote191.7015Application for an exemption under section 171 of the Law384.0016Application for approval under section 213(1)(d) of the Law to keep a register at another office47.9517Application for an exemption under section 220(6A) of the Law384.0018Application for approval to omit ‘Limited’ or ‘Ltd’ from a co-operative’s name under section 221 of the Law47.9519Application for approval of an abbreviation or elaboration of a co-operative’s name mentioned in section 222(e) of the Law47.9520Application for approval of a change to a co-operative’s name mentioned in section 224(1) of the Law47.9521Application for an exemption under section 225(1A) of the Law384.0022Giving notice of a change of address under section 226(4) of the Lawnil*23Application for an exemption under section 226(6) of the Law384.0024Application by a member for review of voting entitlement under section 233(2) of the Law191.7025Filing fee for registration of a special resolution (the Law, s 243(2)(c)(ii))47.9526Giving of a certificate of registration of a special resolution under section 244(1) of the Law47.9527Application for approval of a disclosure statement for a special postal ballot mentioned in section 248(3) of the Law285.0028Lodging an annual financial report by a large co-operative under section 289 of the Lawnil*29Lodging a report for a half-year under section 290 of the Lawnil*30Lodging an annual return by a small co-operative under section 293 of the Lawnil*31Application for an exemption under section 316 of the Law384.0032Application for an exemption under section 317 of the Law384.0033Application for an exemption under section 319 of the Law384.0034Application for an exemption under section 320 of the Law384.0035Application for an exemption under section 322 of the Law384.0036Lodging disclosure documents for issue of debentures for a purpose of a provision of the Corporations Act as applied by section 337 of the Law2,443.0037Application to the Registrar under the Corporations Act for an exemption from or declaration in relation to a provision of the Corporations Act as applied by section 337 of the Law384.0038Application for approval of a disclosure statement for issue of debentures to members or employees of a co-operative mentioned in section 338(3) of the Law285.0039Application for approval of a disclosure statement for a compulsory loan from members to a co-operative mentioned in section 343(3)(a) of the Law384.0040Application for an exemption under section 343(10) of the Law384.0041Application for approval of a statement and terms of issue of CCUs mentioned in section 350(1)(b) and (c) of the Law384.0042Application for an exemption under section 359(3) of the Law384.0043Application to state a greater maximum under section 363(2) of the Law384.0044Application by an individual for an exemption under section 372(1) of the Law384.0045Application for approval mentioned in section 374(1)(b) of the Law384.0046Application to extend the period mentioned in section 376(5) of the Law95.8547Application for an exemption under section 380(1) of the Law384.0048Application for consent mentioned in section 396(2) of the Law95.8549Application for approval of a disclosure statement mentioned in section 397(2) of the Law384.0050Application for an exemption under section 397(4) of the Law384.0051Application for approval of a merger or transfer of engagements under section 398(1) of the Law384.0052Application for an exemption under section 404(4) of the Law384.0053Application for Registrar’s permission to shorten notice period mentioned in section 416(1)(a) of the Law95.8554Application for a direction mentioned in section 418(1)(f) of the Law384.0055Application for a statement of no objection to a compromise or arrangement mentioned in section 424(1)(b) of the Law384.0056Filing a Supreme Court order with the Registrar under section 425(4) of the Lawnil*57Application for approval of an explanatory statement mentioned in section 428(1) of the Law946.8058Application for an exemption under section 445(3) of the Law384.0059Application to the Registrar under the Corporations Act, section 601AE or 601AF, as applied under section 453 of the Law384.0060Application for consent mentioned in section 476(2)(a) of the Law95.8561Application for approval by the Registrar of a disclosure statement mentioned in section 477(2) of the Law384.0062Application to the Registrar for an exemption under section 477(4) of the Law384.0063Application to the Registrar for approval of a merger or transfer of engagements under section 478(1) of the Law384.0064Application to call a special meeting under section 531(1)(a) of the Law384.0065Application to hold an inquiry under section 531(1)(b) of the Law 384.0066Application for certification that a thing had or had not been done within a specified period or by a specified date under section 588(1) of the Law47.9567Application for a certificate under section 588(2) of the Law stating that a requirement of the Law—(a)had, or had not, been complied with at a date or within a specified period47.95(b)had been complied with at a specified date but not before the date47.9568Application for a certificate under section 588(3) of the Law47.9569Inspection of the register of co-operatives (the Law, s 601(1)(a))19.1570Inspection of documents mentioned in section 601(1)(b) of the Law (the Law, s 601(1)(b))19.1571Extract from the register of co-operatives inspected under section 601(1)(a) of the Law (the Law, s 601(1)(c))19.1572Certified copy of a document that may be inspected under section 601(1)(b) of the Law (the Law, s 601(1)(d))—(a)first page38.35(b)each additional page3.5573Copy of a document that may be inspected under section 601(1)(b) of the Law (the Law, s 601(1)(e))—(a)first page9.30(b)each additional page1.7074Application for extension or shortening of time under section 609(1) of the Law95.8575Application for permission to give notice to members by newspaper mentioned in section 611(2)(c)(iii) of the Law95.8576Application by a co-operative under regulation 1.4(5) of the Regulation for a declaration that it is a small co-operative for a particular financial year384.0077Making an application or request to the Registrar to exercise a power, or to do an act, the Registrar is authorised or required under the Law to exercise or do on application or request, for which no other fee is prescribed under this regulation47.9578Lodging a supplementary or replacement document with the Registrar under the Corporations Act, section 719 as applied by the Lawnil*79Lodging any other document with the Registrar under the Corporations Act as applied by the Lawnil*80Late fee—(a)less than 28 days late95.85(b)28 days late or later384.00* indicates late fee stated in item 80 applies