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Queensland
TREASURY AND OTHER
LEGISLATION
AMENDMENT BILL 1994
Queensland
TREASURY AND OTHER LEGISLATION
AMENDMENT BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF FAMILY SECURITY FRIENDLY
SOCIETY (DISTRIBUTION OF MONEYS) ACT 1991
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Amendment of s 3 (Certain sections of Friendly Societies Act
1991 not to apply etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4A Appointment of administrator of Society . . . . . . . . . . . . . . . . . . . . . . 9
8 Amendment of s 7 (Powers of administrator) . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Amendment of s 9 (Application of moneys) . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Amendment of s 24 (Further moneys available for distribution) . . . . . . . . . 10
11 Replacement of ss 26-27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
26 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
27 Transitional provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
28 Provision for transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 3--AMENDMENT OF FINANCIAL ADMINISTRATION
AND AUDIT ACT 1977
12 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7A Consolidated Fund continues certain funds . . . . . . . . . . . . . . . . . . . . 12
2
Treasury and Other Legislation Amendment
14 Insertion of new s 119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
119 Existing standards and regulations are subordinate legislation . . . . 13
PART 4--AMENDMENT OF FRIENDLY SOCIETIES ACT 1991
15 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Amendment of s 1.3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Amendment of s 3.5 (Certain words to be included in name) . . . . . . . . . . . 14
18 Amendment of s 8.1 (Registrar) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 Replacement of s 8.2 (Deputy Registrar as Registrar) . . . . . . . . . . . . . . . . . 15
8.2 Delegation of Registrar's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20 Amendment of s 8.11 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Amendment of s 8.13 (Appointment and functions of inspectors) . . . . . . . . 16
22 Amendment of s 8.14 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Amendment of s 8.25 (Costs of inquiry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
24 Insertion of new Pt 8 Div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 5--Supervision Fund and levy
8.34 Friendly Societies Supervision Fund . . . . . . . . . . . . . . . . . . . . . . . . . 17
8.35 Supervision levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8.36 Consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
8.37 Failure to make payment an offence . . . . . . . . . . . . . . . . . . . . . . . . . 19
25 Amendment of s 9.3 (Protection against liability) . . . . . . . . . . . . . . . . . . . . 19
26 Insertion of new s 12.21A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
12.21A Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
27 Amendment of s 12.24 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
28 Insertion of new Pt 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 12A--TRANSFER OF INCORPORATION OF CERTAIN
FRIENDLY SOCIETIES TO ASSOCIATIONS INCORPORATION ACT
1981
12A.1 Application of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
12A.2 Special resolution to transfer incorporation . . . . . . . . . . . . . . . . . . . . 21
12A.3 Eligible friendly society may apply for Registrar's certificate . . . . 21
12A.4 Certificate of consent to transfer of incorporation . . . . . . . . . . . . . . . 22
12A.5 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
12A.6 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . 23
3
Treasury and Other Legislation Amendment
12A.7 When transfer of incorporation takes place . . . . . . . . . . . . . . . . . . . . 23
12A.8 Eligible friendly society must surrender its certificate of
incorporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
12A.9 Cancellation of registration and certificate of
incorporation under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
29 Omission of Pt 13 Div 1 (Preliminary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
30 Insertion of new Pt 13 Div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Provisions consequent on enactment of Treasury and
Other Legislation Amendment Act 1994
13.12 Under hand of Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
13.13 Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
13.14 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
PART 5--AMENDMENT OF QUEENSLAND OFFICE OF
FINANCIAL SUPERVISION ACT 1992
31 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
33 Amendment of s 7 (General powers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
34 Amendment of s 10 (QOFS to comply with financial institutions
agreement etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
35 Replacement of s 11 (QOFS does not represent Crown) . . . . . . . . . . . . . . . 26
11 QOFS does not represent State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
36 Amendment of s 26 (Restriction on appointments) . . . . . . . . . . . . . . . . . . . 27
37 Amendment of s 33 (Termination of appointment) . . . . . . . . . . . . . . . . . . . . 27
38 Amendment of s 38 (Restrictions on appointment) . . . . . . . . . . . . . . . . . . . 27
39 Amendment of s 51 (Superannuation for officers who were
previously officers of the public service) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
40 Amendment of s 52 (Register of financial interests of directors
and employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
41 Amendment of s 53 (Directors and employees to act honestly etc.) . . . . . . 28
42 Amendment of s 58 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . . 28
43 Amendment of s 61 (Determination of QOFS's budget) . . . . . . . . . . . . . . . 28
44 Replacement of s 62 (Consultation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
62 Consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
45 Insertion of new s 62A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
62A QOFS may keep fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
4
Treasury and Other Legislation Amendment
46 Insertion of new Pt 5A and new Pt 5B heading . . . . . . . . . . . . . . . . . . . . . . . 29
PART 5A--QOFS AND OTHER ACTS
64A Directions to QOFS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
64B QOFS represents the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
64C Liability of QOFS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 5B--REGULATIONS
47 Insertion of new s 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
68 Persons with financial interests in friendly societies . . . . . . . . . . . . 31
PART 6--AMENDMENT OF ASSOCIATIONS
INCORPORATION ACT 1981
48 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
49 Amendment of s 5 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
50 Insertion of new Pt 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 7A--INCORPORATION OF CERTAIN ELIGIBLE
FRIENDLY SOCIETIES
49A Application of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
49B Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
49C Notice about special resolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
49D Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
49E Incorporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
49F Chief executive must give Registrar copy of certificate of
incorporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
49G Matters happening on transfer day . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
49H Duty to notify Registrar of Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
49I Directors of former society become members of
management committee of incorporated association . . . . . . . . . . . . 35
49J Secretary of former society becomes secretary of
incorporated association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
49K Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
49L Financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
49M False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
49N False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . 36
51 Insertion of new s 68A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
68A Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
5
Treasury and Other Legislation Amendment
PART 7--AMENDMENT OF ROYAL NATIONAL
AGRICULTURAL AND INDUSTRIAL ASSOCIATION OF
QUEENSLAND ACT 1971
52 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
53 Omission of s 3 (Repeal and savings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
54 Amendment of s 4 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
55 Amendment of s 5 (Association incorporated) . . . . . . . . . . . . . . . . . . . . . . . 38
56 Replacement of ss 6-9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
6 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
7 Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
8 Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
57 Amendment of s 13 (Dealing with Association's land) . . . . . . . . . . . . . . . . 39
58 Insertion of new ss 17A-17C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
17A Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
17B Auditors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
17C Application of Associations Incorporation Act 1981 to
winding-up of Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
59 Replacement of s 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
19 Protection from liability for Council members . . . . . . . . . . . . . . . . . 41
60 Replacement of s 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
21 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
PART 5--TRANSITIONAL
22 Association ceases to be friendly society . . . . . . . . . . . . . . . . . . . . . 42
23 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
1994
A BILL
FOR
An Act to amend certain Acts administered by the Treasurer and
certain other Acts
s1 8 s4
Treasury and Other Legislation Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Treasury and Other Legislation 4
Amendment Act 1994. 5
6
Commencement
2.(1) Section 13 is taken to have commenced on 1 July 1991. 7
(2) Section 14 is taken to have commenced on 1 May 1993. 8
(3) Parts 4 to 7 commence on 1 October 1994. 9
ART 2--AMENDMENT OF FAMILY SECURITY 10
P
FRIENDLY SOCIETY (DISTRIBUTION OF MONEYS) 11
ACT 1991 12
amended 13
Act
3. This Part amends the Family Security Friendly Society (Distribution of 14
Moneys) Act 1991. 15
of long title 16
Amendment
4. Long title-- 17
omit, insert-- 18
`An Act about the Family Security Friendly Society'. 19
s5 9 s7
Treasury and Other Legislation Amendment
of s 2 (Definitions) 1
Amendment
5.(1) Section 2, definition "administrator"-- 2
omit. 3
(2) Section 2-- 4
insert-- 5
` "administrator" means the person appointed under section 4A(1) to be 6
the administrator of the Society. 7
"QOFS" means the Queensland Office of Financial Supervision 8
established under the Queensland Office of Financial Supervision Act 9
1992. 10
"Registrar" has the meaning given by the Friendly Societies Act 1991.'. 11
of s 3 (Certain sections of Friendly Societies Act 1991 not 12
Amendment
to apply etc.) 13
6. Section 3(2), `order in council'-- 14
omit, insert-- 15
`regulation'. 16
of new s 4A 17
Insertion
7. After section 4-- 18
insert-- 19
of administrator of Society 20
`Appointment
`4A.(1) The Minister may, by Gazette notice, appoint a person to be the 21
administrator of the Society. 22
`(2) A person who becomes the administrator is taken to be an 23
administrator under the Friendly Societies Act 1991 and, subject to this Act 24
and the regulations, must perform the same functions and may exercise the 25
same powers as an administrator appointed under section 9.1 of that Act. 26
`(3) If QOFS becomes the administrator, it may perform the functions 27
and exercise the powers of the administrator in addition to its functions and 28
powers under the Queensland Office of Financial Supervision Act 1992.'. 29
s8 10 s 11
Treasury and Other Legislation Amendment
of s 7 (Powers of administrator) 1
Amendment
8. Section 7(i)-- 2
omit, insert-- 3
`(i) appoint agents; and'. 4
of s 9 (Application of moneys) 5
Amendment
9. Section 9(a)-- 6
omit, insert-- 7
`(a) first, in payment of the administrator's expenses of and incidental 8
to the conduct of the Society's affairs by the administrator;'. 9
of s 24 (Further moneys available for distribution) 10
Amendment
10. Section 24(3), `order in council'-- 11
omit, insert-- 12
`regulation'. 13
of ss 26-27 14
Replacement
11. Sections 26 and 27-- 15
omit, insert-- 16
17
`Regulations
`26. The Governor in Council may make regulations under this Act. 18
provisions 19
`Transitional
`27.(1) On the appointment of a person under section 4A(1), the 20
Registrar ceases to be the administrator and the person appointed becomes 21
the administrator. 22
`(2) A reference in this Act, and the regulations in their application to the 23
Society, to-- 24
s 11 11 s 11
Treasury and Other Legislation Amendment
(a) the Registrar as administrator of the Society--is taken to be a 1
reference to the administrator; and 2
(b) the Registrar as trustee of the Society--is taken to be a reference 3
to the administrator as trustee of the Society. 4
5
Examples of references to the Registrar as administrator taken to be references to the
6
administrator--
7
Sections 4.04, 4.05, 4.06, 4.07 and 5.01 of the regulations.
8
Examples of references to the Registrar as trustee taken to be references to the
9
administrator as trustee--
10
Sections 5 and 7 of the Act and section 4.04(3) of the regulations.
`(3) A reference in this Act, and the regulations in their application to the 11
Society, to the Registrar other than as administrator or trustee of the Society 12
continues to be a reference to the Registrar. 13
14
Examples of references to the Registrar other than as administrator or trustee--
15
Parts 2 and 3, Part 4 Division 1, section 5.02 and Part 6 of the regulations.
`(4) Sections 4.02 and 4.03 of the regulations cease to apply to the 16
Society but section 4.04(1) of the regulations continues to have effect. 17
`(5) From the commencement of this section-- 18
(a) all property and liabilities of the Registrar as administrator or 19
trustee of the Society become the property and liabilities of the 20
administrator; and 21
(b) the administrator is substituted for the Registrar as administrator 22
or trustee of the Society in all contracts to which the Registrar as 23
administrator or trustee is a party; and 24
(c) the administrator is substituted for the Registrar as administrator 25
or trustee of the Society in all existing and pending proceedings to 26
which the Registrar as administrator or trustee is a party. 27
`(6) The Registrar of Titles and all other persons responsible for keeping 28
registers about dealings with property must, if asked by the administrator, 29
make in the registers all endorsements necessary to record the vesting of 30
property in the administrator under this section. 31
`(7) The administrator is sufficiently described in a document by use of 32
the title Administrator of the Family Security Friendly Society. 33
s 12 12 s 13
Treasury and Other Legislation Amendment
`(8) A request under subsection (6) is not liable to stamp duty and no 1
fees or charges are payable for the request. 2
`(9) Stamp duty is not otherwise payable because of the operation of this 3
section. 4
for transitional regulations 5
`Provision
`28.(1) A regulation may make provision about anything for which-- 6
(a) it is necessary or convenient to make provision because of the 7
Registrar ceasing to be the administrator of the Society; and 8
(b) this Act does not make provision or sufficient provision. 9
`(2) A regulation under subsection (1) may be given retrospective 10
operation to a date not earlier than the commencement of this section. 11
`(3) This section expires 1 year after it commences.'. 12
PART 3--AMENDMENT OF FINANCIAL 13
ADMINISTRATION AND AUDIT ACT 1977 14
amended 15
Act
12. This Part amends the Financial Administration and Audit Act 1977. 16
of new s 7A 17
Insertion
13. After section 7-- 18
insert-- 19
Fund continues certain funds 20
`Consolidated
`7A.(1) To remove any doubt, it is declared that the Consolidated Fund is 21
a continuation of each of the following funds-- 22
(a) the consolidated revenue fund that was established under the 23
Constitution Act 1867; 24
s 14 13 s 16
Treasury and Other Legislation Amendment
(b) the Loan Fund that was established under this Act. 1
`(2) Without limiting subsection (1), a reference in an Act enacted before 2
the commencement of this section to a payment or funding from the 3
Consolidated Fund is taken to include a reference to a payment or funding 4
from the consolidated revenue fund, the Loan Fund, or both.'. 5
of new s 119 6
Insertion
14. After section 118-- 7
insert-- 8
standards and regulations are subordinate legislation 9
`Existing
`119.(1) To remove any doubt, the standards and regulations that have 10
effect under sections 117 and 118 need not be notified in the Gazette nor 11
laid before the Legislative Assembly to have effect as subordinate 12
legislation. 13
`(2) Section 20A of the Acts Interpretation Act 1954 applies to 14
subsection (1) and sections 117 and 118. 15
`(3) This section and sections 117 and 118 expire on the date of assent of 16
the Treasury and Other Legislation Amendment Act 1994.'. 17
ART 4--AMENDMENT OF FRIENDLY SOCIETIES 18
P
ACT 1991 19
amended 20
Act
15. This Part amends the Friendly Societies Act 1991. 21
of s 1.3 (Definitions) 22
Amendment
16.(1) Section 1.3(1), definitions "bank", "document", "property" and 23
"Registrar"-- 24
omit. 25
s 17 14 s 18
Treasury and Other Legislation Amendment
(2) Section 1.3(1)-- 1
insert-- 2
` "Associations Act" means the Associations Incorporation Act 1981. 3
"eligible friendly society" means a friendly society to which Part 12A 4
applies. 5
"Registrar" means the Queensland Office of Financial Supervision 6
established under the Queensland Office of Financial Supervision Act 7
1992.'. 8
(3) Section 1.3(1), definition "corporation", paragraph (a)-- 9
omit, insert-- 10
`(a) a body corporate that is a public authority, or an instrumentality or 11
agency, of the Commonwealth, a State or a Territory; or'. 12
(4) Section 1.3(2)-- 13
omit, insert-- 14
`(2) The Governor in Council may, by regulation, declare a law of 15
another State or a Territory to be a declared law under this Act.'. 16
of s 3.5 (Certain words to be included in name) 17
Amendment
17. Section 3.5(2), `commencement of section 12.25'-- 18
omit, insert-- 19
`repeal of that Act'. 20
of s 8.1 (Registrar) 21
Amendment
18. Section 8.1(2) and (3), after `policy'-- 22
insert-- 23
`and procedure'. 24
s 19 15 s 20
Treasury and Other Legislation Amendment
of s 8.2 (Deputy Registrar as Registrar) 1
Replacement
19. Section 8.2-- 2
omit, insert-- 3
of Registrar's powers 4
`Delegation
`8.2(1) The Registrar may, by resolution of its board of directors, 5
delegate the Registrar's powers under this Act to a director, or the chief 6
executive officer or other employee, of the Registrar. 7
`(2) However, the Registrar may not delegate the Registrar's powers 8
under section 8.35 (Supervision levy).'. 9
of s 8.11 (Secrecy) 10
Amendment
20.(1) Section 8.11(1) and (2)-- 11
omit, insert-- 12
`8.11(1) A person who is, or has been, appointed or engaged under this 13
Act (an "official") must not, other than under this Act-- 14
(a) make a record of information disclosed to, or obtained by, the 15
person as an official ("protected information"); or 16
(b) whether directly or indirectly, divulge or communicate protected 17
information about a person to someone else; or 18
(c) otherwise make use of the protected information. 19
Maximum penalty--50 penalty units or imprisonment for 6 months.'. 20
(2) Section 8.11(3), `a person from--' 21
omit, insert-- 22
`an official from--'. 23
(3) Section 8.11(3)(a), from `in the performance' to `subsection'-- 24
omit, insert-- 25
`as an official'. 26
(4) Section 8.11(3)(b)(i)-- 27
omit, insert-- 28
s 21 16 s 23
Treasury and Other Legislation Amendment
`(i) to the Minister or a person acting for the Minister (whether 1
the official produces the document or communicates the 2
information under section 12.21A or otherwise); or'. 3
of s 8.13 (Appointment and functions of inspectors) 4
Amendment
21.(1) Section 8.13(1), `an officer of the public service'-- 5
omit, insert-- 6
`its chief executive officer or other employee'. 7
(2) Section 8.13(2), `An officer'-- 8
omit, insert-- 9
`A person'. 10
(3) Section 8.13(2)(b), `officer'-- 11
omit, insert-- 12
`person'. 13
of s 8.14 (Definitions) 14
Amendment
22. Section 8.14, definition "costs", paragraph (c)-- 15
omit, insert-- 16
`(c) the remuneration of a person appointed or engaged under this Act 17
to the extent that the Minister decides the remuneration is 18
attributable to matters connected with the inquiry.'. 19
of s 8.25 (Costs of inquiry) 20
Amendment
23.(1) Section 8.25(2), `Treasurer'-- 21
omit, insert-- 22
`Minister'. 23
(2) Section 8.25(3), (4), (5) and (7), `Crown'-- 24
omit, insert-- 25
`State'. 26
s 24 17 s 24
Treasury and Other Legislation Amendment
of new Pt 8 Div 5 1
Insertion
24. After section 8.33-- 2
insert-- 3
`Division 5--Supervision Fund and levy 4
Societies Supervision Fund 5
`Friendly
`8.34.(1) A fund called the Friendly Societies Supervision Fund is 6
established. 7
`(2) The Registrar must pay into the Fund-- 8
(a) all amounts received as supervision levy under this Division; and 9
(b) income from the investment of amounts credited to the Fund and 10
the proceeds of the sale of any investment. 11
`(3) The Registrar may pay out of the Fund-- 12
(a) any payment for or towards the expenses of performing the 13
Registrar's functions and exercising the Registrar's powers under 14
this Act; and 15
(b) expenses incurred in administering the Fund. 16
`(4) The Registrar may invest amounts in the Fund in the way the 17
Registrar considers appropriate. 18
levy 19
`Supervision
`8.35.(1) The Registrar may decide that an amount is to be paid to the 20
Registrar by friendly societies as a supervision levy. 21
`(2) The amount of the levy may be fixed by the Registrar as-- 22
(a) a stated amount; or 23
(b) a stated percentage of an amount to be decided, on a stated day, 24
by reference to stated factors about friendly societies (including, 25
for example, the number of members in a society, reserves, 26
obligations and debts and total assets); or 27
(c) both a stated amount and a stated percentage. 28
s 24 18 s 24
Treasury and Other Legislation Amendment
`(3) If the levy is fixed, wholly or partly, as mentioned in 1
subsection (2)(b), the Registrar may include in the decision directions about 2
how the levy is to be decided. 3
`(4) The Registrar may-- 4
(a) fix the amount of the levy differently for different friendly 5
societies; and 6
(b) decide that the levy is not payable by stated friendly societies. 7
`(5) The Registrar may, in the decision, require the levy to be paid in 1 8
amount by a stated time or permit the levy to be paid by stated instalments. 9
`(6) If the Registrar permits the levy to be paid by instalments, the 10
Registrar may, in the decision, allow a discount for payment in 1 amount by 11
a stated time or require payment of an additional amount or percentage, by 12
way of interest, in the instalments. 13
`(7) The Registrar may, in the decision, require the payment of amounts, 14
by way of late payment charge, interest, or both, for amounts of levy not 15
paid as required by the decision. 16
`(8) The Registrar may include in the decision directions about how 17
amounts of late payment charge and interest are to be decided. 18
`(9) Amounts of levy, when they are payable, are debts payable by the 19
friendly society concerned to the Registrar, and may be sued for and 20
recovered in a court having jurisdiction for the recovery of debts up to the 21
amount of levy. 22
`(10) On the application of a friendly society, the Registrar may 23
change-- 24
(a) an amount of levy payable by the friendly society; or 25
(b) the time within which an amount of levy is payable by the 26
friendly society. 27
`(11) An amount paid by a friendly society as levy is treated as an 28
expense in the accounts of the friendly society. 29
`(12) In subsections (9) to (11)-- 30
"levy" includes late payment charge and interest for levy. 31
s 25 19 s 26
Treasury and Other Legislation Amendment
1
`Consultation
`8.36. In deciding the amount to be paid as supervision levy under 2
section 8.35 (Supervision levy), the Registrar may consult with industry 3
bodies and friendly societies if it is appropriate and practicable to consult 4
with them. 5
to make payment an offence 6
`Failure
`8.37. If a friendly society does not make a payment required to be made 7
under section 8.35 (Supervision levy), the friendly society and any officer 8
of the friendly society who is in default each commit an offence. 9
Maximum penalty--350 penalty units.'. 10
of s 9.3 (Protection against liability) 11
Amendment
25.(1) Section 9.3(1)-- 12
omit, insert-- 13
`9.3(1) An administrator of a friendly society does not incur civil liability 14
for an act done or omission made, honestly and without negligence, under 15
this Act. 16
`(1A) If subsection (1) prevents a civil liability attaching to an 17
administrator, the liability attaches instead to the State.'. 18
`(2) Section 9.3(2), `The friendly society is not'-- 19
omit, insert-- 20
`However, neither the State nor a friendly society is'. 21
of new s 12.21A 22
Insertion
26. After section 12.21-- 23
insert-- 24
s 27 20 s 28
Treasury and Other Legislation Amendment
of information 1
`Disclosure
`12.21A(1) If a person is acting for the Minister, the person may ask the 2
Registrar for information about anything under this Act. 3
`(2) The Registrar must comply with the request.'. 4
of s 12.24 (Regulations) 5
Amendment
27. Section 12.24(1), from `make regulations' to `respect to--'-- 6
omit, insert-- 7
`make regulations under this Act. 8
`(1A) A regulation may provide for--'. 9
of new Pt 12A 10
Insertion
28. After section 12.24-- 11
insert-- 12
ART 12A--TRANSFER OF INCORPORATION OF 13
`P
CERTAIN FRIENDLY SOCIETIES TO 14
ASSOCIATIONS INCORPORATION ACT 1981 15
of Part 16
`Application
`12A.1(1) This Part applies to a friendly society that does not provide a 17
benefit or keep a benefit fund. 18
`(2) However, this Part does not apply to a friendly society if-- 19
(a) there is a charge required to be registered under this Act over any 20
of the society's property; or 21
(b) a direction by the Registrar for the society to transfer its 22
engagements to another friendly society is in force; or 23
(c) an administrator has been appointed and is conducting the 24
society's affairs; or 25
(d) a direction by the Registrar for the society to suspend its 26
operations is in force; or 27
s 28 21 s 28
Treasury and Other Legislation Amendment
(e) the society is being wound-up; or 1
(f) an application to wind-up the society has been made but has not 2
been dealt with; or 3
(g) the society is being dissolved; or 4
(h) a receiver, or a receiver and manager, has been appointed and is 5
acting for the society; or 6
(i) the society has entered into a compromise or arrangement with its 7
creditors but the administration of the compromise or 8
arrangement has not been concluded; or 9
(j) an application has been made to a court for approval of a 10
compromise or arrangement by the society with creditors but the 11
court has not dealt with the application. 12
resolution to transfer incorporation 13
`Special
`12A.2(1) An eligible friendly society may, by special resolution, decide 14
to transfer its incorporation to the Associations Act. 15
`(2) If relevant, the society must also resolve-- 16
(a) to change the society's name to a name that is not an undesirable 17
name under the Associations Act; and 18
(b) to change the society's rules to comply with the Associations Act. 19
`(3) The special resolution takes effect on the incorporation of the society 20
as an incorporated association under the Associations Act. 21
`(4) Section 4.23(3) (Special resolution) of this Act does not apply to a 22
special resolution made under this section. 23
friendly society may apply for Registrar's certificate 24
`Eligible
`12A.3(1) An eligible friendly society that has decided, by special 25
resolution, to transfer its incorporation to the Associations Act may, within 26
14 days after the making of the resolution, apply to the Registrar for the 27
Registrar's consent to the transfer. 28
`(2) The application must be in the form approved by the Registrar. 29
s 28 22 s 28
Treasury and Other Legislation Amendment
`(3) The application must be accompanied by-- 1
(a) a copy of the special resolution; and 2
(b) a statutory declaration by the society's directors stating the society 3
is an eligible friendly society. 4
`(4) The Registrar may require the society to give the Registrar further 5
information about the application. 6
of consent to transfer of incorporation 7
`Certificate
`12A.4(1) If, after considering the application by an eligible friendly 8
society, the Registrar is satisfied about the matters mentioned in 9
subsection (2), the Registrar must promptly issue a certificate consenting to 10
the society transferring its incorporation to the Associations Act. 11
`(2) The matters about which the Registrar must be satisfied are-- 12
(a) the society is an eligible friendly society; and 13
(b) the society has decided by special resolution to transfer its 14
incorporation to the Associations Act; and 15
(c) there are reasonable grounds for believing the society will, if its 16
incorporation is transferred to the Associations Act, be able to 17
comply with that Act. 18
`(3) The certificate must also state the Registrar is satisfied about the 19
matters mentioned in subsection (2). 20
`(4) The Registrar must promptly give the certificate to the society. 21
`(5) The certificate remains in force for 30 days. 22
`(6) The Registrar may accept a statutory declaration of the society's 23
directors as sufficient evidence that the society is an eligible friendly society. 24
or misleading information 25
`False
`12A.5(1) A person must not, for this Part-- 26
(a) state anything to the Registrar that the person knows is false or 27
misleading in a material particular; or 28
s 28 23 s 28
Treasury and Other Legislation Amendment
(b) omit from a statement made to the Registrar anything without 1
which the statement is, to the person's knowledge, misleading in 2
a material particular. 3
Maximum penalty--10 penalty units. 4
`(2) A complaint against a person for an offence against subsection (1)(a) 5
or (b) is sufficient if it states the statement made was false or misleading to 6
the person's knowledge. 7
misleading or incomplete documents 8
`False,
`12A.6(1) A person must not, for this Part, give the Registrar a 9
document containing information the person knows is false, misleading or 10
incomplete in a material particular. 11
Maximum penalty--10 penalty units. 12
`(2) Subsection (1) does not apply to a person who, when giving the 13
document-- 14
(a) informs the Registrar, to the best of the person's ability, how it is 15
false, misleading or incomplete; and 16
(b) gives the correct information to the Registrar if the person has, or 17
can reasonably obtain, the correct information. 18
`(3) A complaint against a person for an offence against subsection (1) is 19
sufficient if it states the document was false, misleading or incomplete to 20
the person's knowledge. 21
transfer of incorporation takes place 22
`When
`12A.7(1) The transfer of incorporation of an eligible friendly society1 23
takes effect on the issue of a certificate of incorporation for the society under 24
the Associations Act. 25
`(2) The society is no longer a friendly society when the transfer takes 26
effect. 27
1 For the effect of the friendly society becoming incorporated as an incorporated
association, see Part 7A of the Associations Act.
s 29 24 s 30
Treasury and Other Legislation Amendment
friendly society must surrender its certificate of incorporation 1
`Eligible
`12A.8 Within 30 days of the transfer of incorporation taking effect, the 2
former friendly society must either-- 3
(a) surrender its certificate of incorporation under this Act to the 4
Registrar for cancellation; or 5
(b) if the certificate of incorporation has been lost or destroyed--give 6
the Registrar a certificate stating the certificate has been lost or 7
destroyed. 8
Maximum penalty--2 penalty units. 9
of registration and certificate of incorporation under 10
`Cancellation
this Act 11
`12A.9 On receiving a copy of the certificate of incorporation under the 12
Associations Act for the former friendly society, the Registrar must-- 13
(a) cancel both the registration of the society, and its certificate of 14
incorporation, under this Act; and 15
(b) give all records about the society to the chief executive of the 16
department within which the Associations Act is administered.'. 17
of Pt 13 Div 1 (Preliminary) 18
Omission
29. Part 13, Division 1-- 19
omit. 20
of new Pt 13 Div 3 21
Insertion
30. After section 13.11-- 22
insert-- 23
3--Provisions consequent on enactment of Treasury and 24
`Division
Other Legislation Amendment Act 1994 25
s 30 25 s 30
Treasury and Other Legislation Amendment
hand of Registrar 1
`Under
`13.12 If a provision of this Act allows or requires anything to be under 2
the hand of the Registrar, it is sufficient if the thing is-- 3
(a) under the seal of the Queensland Office of Financial Supervision 4
("QOFS"); or 5
(b) signed by a delegate of QOFS. 6
7
`Documents
`13.13(1) This section applies to a certificate or another document about a 8
friendly society issued or given by the Registrar under this Act before the 9
commencement of this section. 10
`(2) The certificate or document, as in force at any time before the 11
commencement of this section, has effect as if it were a certificate or 12
document issued or given by QOFS as Registrar.'. 13
regulations 14
`Transitional
`13.14(1) A regulation may make provision about anything for which-- 15
(a) it is necessary or convenient to make provision because of-- 16
(i) an eligible friendly society applying to become an 17
incorporated association; or 18
(ii) QOFS becoming the Registrar; and 19
(b) this Act does not make provision or sufficient provision. 20
`(2) A regulation under subsection (1) may be given retrospective 21
operation to a date not earlier than 1 October 1994. 22
`(3) This section expires 1 year after it commences.'. 23
s 31 26 s 35
Treasury and Other Legislation Amendment
ART 5--AMENDMENT OF QUEENSLAND OFFICE 1
P
OF FINANCIAL SUPERVISION ACT 1992 2
amended 3
Act
31. This Part amends the Queensland Office of Financial Supervision Act 4
1992. 5
of s 3 (Definitions) 6
Amendment
32. Section 3-- 7
insert-- 8
` "friendly society" has the meaning given by the Friendly Societies Act 9
1991.'. 10
of s 7 (General powers) 11
Amendment
33. Section 7(2), after `legislation'-- 12
insert-- 13
`or any Act'. 14
of s 10 (QOFS to comply with financial institutions 15
Amendment
agreement etc.) 16
34. Section 10, after `powers'-- 17
insert-- 18
`under the financial institutions legislation'. 19
of s 11 (QOFS does not represent Crown) 20
Replacement
35. Section 11-- 21
omit, insert-- 22
s 36 27 s 39
Treasury and Other Legislation Amendment
does not represent State 1
`QOFS
`11. QOFS does not represent the State.'. 2
of s 26 (Restriction on appointments) 3
Amendment
36. Section 26, after `institution'-- 4
insert-- 5
`or friendly society'. 6
of s 33 (Termination of appointment) 7
Amendment
37. Section 33(f), after `institution'-- 8
insert-- 9
`or friendly society'. 10
of s 38 (Restrictions on appointment) 11
Amendment
38. Section 38(2), after `institution'-- 12
insert-- 13
`or friendly society'. 14
of s 51 (Superannuation for officers who were previously 15
Amendment
officers of the public service) 16
39. Section 51(3), from `approved' to `order in council'-- 17
omit, insert-- 18
`prescribed by regulation'. 19
s 40 28 s 43
Treasury and Other Legislation Amendment
of s 52 (Register of financial interests of directors and 1
Amendment
employees) 2
40. Section 52(2)(a), after `institution'-- 3
insert-- 4
`or friendly society'. 5
of s 53 (Directors and employees to act honestly etc.) 6
Amendment
41.(1) Section 53(2)(b), after `financial body'-- 7
insert-- 8
`or friendly society'. 9
(2) Section 53(4) and (5), `or the financial institutions legislation'-- 10
omit, insert-- 11
`, the financial institutions legislation or the Friendly Societies Act 1991'. 12
(3) Section 53(4)(b) and (5)(b), `or a financial institution'-- 13
omit, insert-- 14
`, a financial institution or a friendly society'. 15
of s 58 (Evidentiary provisions) 16
Amendment
42. Section 58(2)-- 17
insert-- 18
`(c) a supervision levy decided under Part 8, Division 5 of the 19
Friendly Societies Act 1991;'. 20
of s 61 (Determination of QOFS's budget) 21
Amendment
43. Section 61(2)(a)-- 22
omit, insert-- 23
`(a) the amount of supervision levy that QOFS intends to impose in 24
the financial year under-- 25
s 44 29 s 46
Treasury and Other Legislation Amendment
(i) section 95 (Supervision levy) of the Financial Institutions 1
(Queensland) Code; and 2
(ii) section 8.35 (Supervision levy) of the Friendly Societies Act 3
1991; and'. 4
of s 62 (Consultation) 5
Replacement
44. Section 62-- 6
omit, insert-- 7
8
`Consultation
`62. In preparing its draft budget, QOFS must consult with the following 9
entities if it is appropriate and practicable to consult with them-- 10
(a) for its functions under the financial institutions 11
legislation--industry bodies and societies; 12
(b) for its functions under the Friendly Societies Act 1991--industry 13
bodies and friendly societies.'. 14
of new s 62A 15
Insertion
45. After section 62-- 16
insert-- 17
OFS may keep fees 18
`Q
`62A. QOFS may keep, for its own use, fees received by it for the 19
lodging, filing, registration or issuing of a document, or for an act or service 20
required or authorised to be performed by it, under the financial institutions 21
legislation or any Act.'. 22
of new Pt 5A and new Pt 5B heading 23
Insertion
46. After section 64-- 24
insert-- 25
s 47 30 s 47
Treasury and Other Legislation Amendment
`PART 5A--QOFS AND OTHER ACTS 1
to QOFS 2
`Directions
`64A. Despite section 9 (QOFS independent body), QOFS as Registrar 3
under the Friendly Societies Act 1991 is subject to any direction expressly 4
made under that Act. 5
represents the State 6
`QOFS
`64B. Despite section 11 (QOFS does not represent State), QOFS 7
represents the State in QOFS's administration of the Friendly Societies Act 8
1991 and in performing a function, or exercising a power, as Registrar 9
under the Family Security Friendly Society (Distribution of Moneys) Act 10
1991. 11
of QOFS 12
`Liability
`64C.(1) A liability that would, apart from this section, attach to QOFS 13
because of an act or omission happening in QOFS's administration of the 14
Friendly Societies Act 1991 or in QOFS performing a function, or 15
exercising a power, as Registrar under the Family Security Friendly Society 16
(Distribution of Moneys) Act 1991, attaches to the State. 17
`(2) This section applies despite the following sections-- 18
· section 54 (Liability of directors) 19
· section 55 (Liability of staff). 20
ART 5B--REGULATIONS'. 21
`P
of new s 68 22
Insertion
47. After section 67-- 23
insert-- 24
s 48 31 s 50
Treasury and Other Legislation Amendment
with financial interests in friendly societies 1
`Persons
`68.(1) This section applies to a person who is a prescribed person at the 2
commencement of this section and who has a financial interest because of 3
the amendment of section 52 by the Treasury and Other Legislation 4
Amendment Act 1994. 5
`(2) For section 52(5) in its application to the financial interest, the person 6
is taken to have become a prescribed person on the day this section 7
commences. 8
`(3) Words and expressions used in section 52 have the same meanings 9
in this section. 10
`(4) Subsections (1) to (3) are laws to which section 20A of the Acts 11
Interpretation Act 1954 applies. 12
`(5) This section expires 6 months after it commences.'. 13
PART 6--AMENDMENT OF ASSOCIATIONS 14
INCORPORATION ACT 1981 15
amended 16
Act
48. This Part amends the Associations Incorporation Act 1981. 17
of s 5 (Meaning of terms) 18
Amendment
49. Section 5(1), definition "association", paragraph (f)-- 19
omit, insert-- 20
`(f) a friendly society under the Friendly Societies Act 1991 and an 21
entity that should be registered under that Act;'. 22
of new Pt 7A 23
Insertion
50. After section 49-- 24
insert-- 25
s 50 32 s 50
Treasury and Other Legislation Amendment
PART 7A--INCORPORATION OF CERTAIN 1
`
ELIGIBLE FRIENDLY SOCIETIES 2
of Part 3
`Application
`49A.(1) This Part applies to an eligible friendly society. 4
`(2) Subsection (1) has effect despite paragraph (f) of the definition 5
"association" in section 5(1) of this Act. 6
7
`Definitions
`49B. In this Part-- 8
"eligible friendly society" has the meaning given by the Friendly Societies 9
Act 1991. 10
"former society" means an eligible friendly society that becomes an 11
incorporated association under this Part. 12
"Registrar" has the meaning given by the Friendly Societies Act 1991. 13
"transfer day" see section 49E(3). 14
about special resolutions 15
`Notice
`49C.(1) This section applies to an eligible friendly society that has 16
passed a special resolution under section 12A.2 of the Friendly Societies Act 17
1991 to transfer its incorporation to this Act. 18
`(2) Within 14 days of passing the resolution, the society must give the 19
chief executive-- 20
(a) a copy of the resolution approving the proposed transfer of 21
incorporation; and 22
(b) if relevant, a copy of the resolution to change the society's name; 23
and 24
(c) if relevant, a copy of the resolution to change the society's rules. 25
s 50 33 s 50
Treasury and Other Legislation Amendment
1
`Application
`49D.(1) This section applies to an eligible friendly society that has been 2
given a certificate under section 12A.4 of the Friendly Societies Act 1991 3
consenting to the society transferring its incorporation to this Act. 4
`(2) Before the certificate ceases to have effect, the society may apply to 5
the chief executive to transfer its incorporation to this Act. 6
`(3) The application must be in the form approved by the chief executive. 7
`(4) The application must be accompanied by-- 8
(a) the certificate under section 12A.4 of the Friendly Societies Act 9
1991; and 10
(b) a copy of the society's certificate of incorporation under the 11
Friendly Societies Act 1991 certified as a true copy by the 12
society's secretary; and 13
(c) a copy of the society's proposed rules certified as complying with 14
this Act by the society's secretary; and 15
(d) the fee prescribed by regulation. 16
17
`Incorporation
`49E.(1) If, after considering the application by an eligible friendly 18
society, the chief executive is satisfied about the matters mentioned in 19
subsection (2), the chief executive must promptly issue a certificate of 20
incorporation under this Act for the society. 21
`(2) The matters about which the chief executive must be satisfied are-- 22
(a) the society has complied with Part 12A of the Friendly Societies 23
Act 1991; and 24
(b) since the certificate under section 12A.4 of the Friendly Societies 25
Act 1991 was issued by the Registrar, none of the events 26
mentioned in section 12A.1(2) of that Act has happened in 27
relation to the society; and 28
(c) the society has complied with the requirements for incorporation 29
under this Act. 30
s 50 34 s 50
Treasury and Other Legislation Amendment
`(3) When the chief executive issues the society with a certificate of 1
incorporation (the "transfer day"), the society is incorporated as an 2
incorporated association under this Act. 3
executive must give Registrar copy of certificate of 4
`Chief
incorporation 5
`49F. Within 7 days after the transfer day for an incorporated 6
association, the chief executive must give the Registrar a copy of the 7
certificate of incorporation for the association. 8
happening on transfer day 9
`Matters
`49G.(1) On the transfer day for an incorporated association-- 10
(a) the property of the former society vests in the association without 11
any conveyance, transfer or assignment subject to any debt, 12
liability or obligation affecting the property; and 13
(b) the debts and liabilities of the former society become debts and 14
liabilities of the association; and 15
(c) the personality of the former society merges in that of the 16
association. 17
`(2) Subsection (1)-- 18
(a) does not result in the dissolution of the former friendly society; or 19
(b) affect a right or obligation of the society or of a member or other 20
person; or 21
(c) make a legal proceeding by or against the society defective. 22
`(3) However, the right or obligation becomes that of, and the legal 23
proceeding may be continued by or against, the incorporated association that 24
the former society has become. 25
to notify Registrar of Titles 26
`Duty
`49H.(1) Within 30 days after the transfer day for an incorporated 27
association, the secretary of the association must notify-- 28
s 50 35 s 50
Treasury and Other Legislation Amendment
(a) the Registrar of Titles of the vesting of property in the association 1
under section 49G(1); and 2
(b) all other persons responsible for keeping registers about dealings 3
with property affected by section 49G(1). 4
`(2) The Registrar of Titles and any other person notified must make all 5
endorsements necessary to record the vesting of the property in the register 6
for which the person is responsible. 7
`(3) A request under subsection (2) is not liable to stamp duty and no 8
fees or charges are payable for the request. 9
`(4) Stamp duty is not otherwise payable because of the operation of this 10
section. 11
`(5) The Registrar of Titles may approve a form for the purposes of 12
notice under subsection (1)(a). 13
of former society become members of management 14
`Directors
committee of incorporated association 15
`49I. On the transfer day for an incorporated association, the directors of 16
the former society become the members of the management committee of 17
the association. 18
of former society becomes secretary of incorporated 19
`Secretary
association 20
`49J. On the transfer day for an incorporated association, the secretary of 21
the former society becomes the secretary of the incorporated association. 22
23
`Rules
`49K.(1) On the transfer day for an incorporated association, the rules of 24
the former society become the rules of the association as if they had been 25
sanctioned by the chief executive. 26
`(2) However if the former society had, by special resolution under 27
section 12A.2 of the Friendly Societies Act 1991, amended its rules to 28
comply with this Act, and the amendment does not take effect until its 29
incorporation under this Act, subsection (1) applies to the rules as amended. 30
s 50 36 s 50
Treasury and Other Legislation Amendment
year 1
`Financial
`49L. The financial year for a former society continues as the financial 2
year of the incorporated association and section 40 applies to the financial 3
year. 4
or misleading information 5
`False
`49M.(1) A person must not, for this Part-- 6
(a) state anything to the chief executive the person knows is false or 7
misleading in a material particular; or 8
(b) omit from a statement made to the chief executive anything 9
without which the statement is, to the person's knowledge, 10
misleading in a material particular. 11
Maximum penalty--10 penalty units. 12
`(2) A complaint against a person for an offence against subsection (1)(a) 13
or (b) is sufficient if it states the statement made was false or misleading to 14
the person's knowledge. 15
misleading or incomplete documents 16
`False,
`49N.(1) A person must not, for this Part, give the chief executive a 17
document containing information the person knows is false, misleading or 18
incomplete in a material particular. 19
Maximum penalty--10 penalty units. 20
`(2) Subsection (1) does not apply to a person who, when giving the 21
document-- 22
(a) informs the chief executive, to the best of the person's ability, 23
how it is false, misleading or incomplete; and 24
(b) gives the correct information to the chief executive if the person 25
has, or can reasonably obtain, the correct information. 26
`(3) A complaint against a person for an offence against subsection (1) is 27
sufficient if it states the document was false, misleading or incomplete to 28
the person's knowledge.'. 29
s 51 37 s 54
Treasury and Other Legislation Amendment
of new s 68A 1
Insertion
51. After section 68-- 2
insert-- 3
regulations 4
`Transitional
`68A.(1) A regulation may make provision about anything for which-- 5
(a) it is necessary or convenient to make provision because of an 6
eligible friendly society becoming an incorporated association; 7
and 8
(b) this Act does not make provision or sufficient provision. 9
`(2) A regulation under subsection (1) may be given retrospective 10
operation to a date not earlier than 1 October 1994. 11
`(3) This section expires 1 year after it commences.'. 12
PART 7--AMENDMENT OF ROYAL NATIONAL 13
AGRICULTURAL AND INDUSTRIAL ASSOCIATION 14
OF QUEENSLAND ACT 1971 15
amended 16
Act
52. This Part amends the Royal National Agricultural and Industrial 17
Association of Queensland Act 1971. 18
of s 3 (Repeal and savings) 19
Omission
53. Section 3-- 20
omit. 21
of s 4 (Meaning of terms) 22
Amendment
54.(1) Section 4, heading-- 23
omit, insert-- 24
s 55 38 s 56
Treasury and Other Legislation Amendment
`Definitions'. 1
(2) Section 4, definitions "Minister" and "Society-- 2
omit. 3
(3) Section 4-- 4
insert-- 5
` "registered company auditor" means a person registered as an auditor, 6
or taken to be registered as an auditor, under Part 9.2 of the 7
Corporations Law.'. 8
(4) Section 4, definition "Trust", `repealed Act'-- 9
omit, insert-- 10
`Brisbane Exhibition Grounds Trust Act 1965'. 11
of s 5 (Association incorporated) 12
Amendment
55. Section 5, from `, a society' to `1913-1970', 13
omit. 14
of ss 6-9 15
Replacement
56. Sections 6 to 9-- 16
omit, insert-- 17
18
`Membership
`6.(1) The Association consists of persons who, at the material time, are 19
members of the Association under its rules. 20
`(2) The members of the Association immediately before the 21
commencement of this section continue as members of the Association. 22
23
`Objects
`7.(1) The Association's objects are its objects in force immediately 24
before the commencement of this section. 25
s 57 39 s 57
Treasury and Other Legislation Amendment
`(2) The objects may be amended by a resolution passed by a majority of 1
two-thirds of its members present at a general meeting of which notice is 2
given under the Association's rules. 3
`(3) Within 14 days after the objects are amended, the Association must 4
send a copy of its amended objects, under the seal of the Association, to the 5
chief executive. 6
`(4) The resolution does not have effect until approved by the Minister. 7
8
`Rules
`8.(1) The Association's rules are its rules in force immediately before 9
the commencement of this section. 10
`(2) The rules may be amended in the way mentioned in the rules. 11
`(3) Within 14 days after the rules are amended, the Association must 12
send a copy of its amended rules, under the seal of the Association, to the 13
chief executive. 14
`(4) The amended rules do not have effect until approved by the 15
Minister.'. 16
of s 13 (Dealing with Association's land) 17
Amendment
57.(1) Section 13(2)-- 18
omit, insert-- 19
`(2) A purported sale of an estate in fee simple in land vested in the 20
Association is void unless the approval of the Governor in Council for the 21
sale was obtained before the sale.'. 22
(2) Section 13(3), proviso-- 23
omit, insert-- 24
`(4) However, section 351(3) of the Land Act 1962 does not apply to a 25
mortgagee of the Association's land if, when the land was acquired by the 26
Association (however described), the unimproved value of the land was 27
paid.'. 28
s 58 40 s 58
Treasury and Other Legislation Amendment
of new ss 17A-17C 1
Insertion
58. After section 17-- 2
insert-- 3
4
`Report
`17A.(1) The Association must, for each of its financial years-- 5
(a) prepare a report containing the following particulars-- 6
(i) the income and expenditure of the Association in the 7
financial year; 8
(ii) details sufficient to identify the assets and liabilities of the 9
Association at the end of the financial year; 10
(iii) details sufficient to identify all mortgages, charges and 11
securities of any description affecting the property of the 12
Association at the end of the financial year; and 13
(b) have the report audited by a registered company auditor; and 14
(c) present the audited report to the next annual general meeting of 15
the Association after the end of the financial year for adoption by 16
the Association. 17
Maximum penalty--10 penalty units. 18
`(2) The Association must give the chief executive a copy of the report 19
certified as correct by the auditor. 20
`(3) The report must be given to the chief executive within 1 month after 21
the audited report is adopted by the annual general meeting or, if the chief 22
executive allows a longer period, within the longer period. 23
24
`Auditors
`17B. A person must not-- 25
(a) consent to be appointed as auditor of the Association; or 26
(b) act as auditor of the Association; or 27
(c) prepare a report required to be prepared under section 17A; 28
if-- 29
s 59 41 s 60
Treasury and Other Legislation Amendment
(d) the person is not a registered company auditor; or 1
(e) the person is-- 2
(i) an employee of the Association; or 3
(ii) a member of the Council; or 4
(iii) a partner, employer or employee of a member of the 5
Council. 6
Maximum penalty--10 penalty units. 7
of Associations Incorporation Act 1981 to winding-up of 8
`Application
Association 9
`17C. The Association may be wound-up in the same way as an 10
incorporated association may be wound-up under the Associations 11
Incorporation Act 1981, and for that purpose, the Association is taken to be 12
an incorporated association under that Act.'. 13
of s 19 14
Replacement
59. Section 19-- 15
omit, insert-- 16
from liability for Council members 17
`Protection
`19.(1) A member of the Council does not incur civil liability for an act 18
done or omission made, honestly and without negligence, under this Act. 19
`(2) If subsection (1) prevents a civil liability attaching to a member of 20
the Council, the liability attaches instead to the Council.'. 21
of s 21 22
Replacement
60. Section 21-- 23
omit, insert-- 24
25
`Regulations
`21. The Governor in Council may make regulations under this Act. 26
s 60 42 s 60
Treasury and Other Legislation Amendment
`PART 5--TRANSITIONAL 1
ceases to be friendly society 2
`Association
`22.(1) On the commencement of this section, the Association ceases to 3
be a friendly society under the Friendly Societies Act 1991. 4
`(2) Within 30 days of the Association ceasing to be a friendly society, 5
the Association must either-- 6
(a) surrender its certificate of incorporation under the Friendly 7
Societies Act 1991 to the Registrar within the meaning of that Act 8
for cancellation; or 9
(b) if the certificate has been lost or destroyed--give the Registrar a 10
certificate stating the certificate has been lost or destroyed. 11
Maximum penalty--2 penalty units. 12
`(3) This section expires 6 months after it commences. 13
14
`Regulations
`23.(1) A regulation may make provision about anything for which-- 15
(a) it is necessary or convenient to make provision because of the 16
Association ceasing to be a friendly society; and 17
(b) this Act does not make provision or sufficient provision. 18
`(2) A regulation under subsection (1) may be given retrospective 19
operation to a date not earlier than 1 October 1994. 20
`(3) This section expires 1 year after it commences.'. 21
22
© State of Queensland 1994
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