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Queensland
FRIENDLY SOCIETIES
(QUEENSLAND) BILL 1997
Queensland
FRIENDLY SOCIETIES (QUEENSLAND)
BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 State etc. bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 2--FRIENDLY SOCIETIES (QUEENSLAND) CODE AND
FRIENDLY SOCIETIES (QUEENSLAND) REGULATIONS
5 Application in Queensland of the Friendly Societies Code . . . . . . . . . . . . . 5
6 Application of regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Interpretation of some expressions in the Code and Regulations . . . . . . . . 6
8 Prescription of law for s 19(4) of Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 3--CONFERRAL OF FUNCTIONS AND POWERS
9 Conferral of functions and powers on AFIC . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Conferral of functions and powers on Appeals Tribunal . . . . . . . . . . . . . . . . 7
PART 4--STATE SUPERVISORY AUTHORITY
11 QOFS to be SSA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 5--IMPOSITION OF FEES
12 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13 Fees and penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 6--MISCELLANEOUS
14 Decision by friendly society to stop carrying on business of pharmacist . . 8
15 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Friendly Societies (Queensland)
PART 7--SAVINGS, TRANSITIONAL, AMENDMENT
16 Meaning of words and expressions used in Friendly Societies
(Queensland) Code and this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
17 General savings provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
18 Society started to have been formed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19 Disclosure of interests by directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
20 Operation of dispensaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
21 Management contracts about pharmacies . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
22 Copies of management contracts to be given to SSA . . . . . . . . . . . . . . . . . 13
23 Investor information memorandums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
24 Transfers of engagements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
25 Directed transfers of engagements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
26 Mergers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
27 Exemption from stamp duty in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . 15
28 Administrators and appointed directors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
29 Suspension of operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
30 Code not to apply to continuing societies being wound-up . . . . . . . . . . . . . 16
31 Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
32 Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
33 Friendly Societies Act 1991 continues to apply for certain land
vested in continuing society . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
34 Members of continuing societies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
35 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
36 Amendment of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
37 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 20
CONSEQUENTIAL AND OTHER MINOR AMENDMENTS
ACTS INTERPRETATION ACT 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
CRIMINAL CODE ACT 1899 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
FAMILY SECURITY FRIENDLY SOCIETY (DISTRIBUTION
OF MONEYS) ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
FUNERAL BENEFIT BUSINESS ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . 21
QUEENSLAND OFFICE OF FINANCIAL SUPERVISION ACT 1992 . . . 21
1997
A BILL
FOR
An Act to provide for a uniform scheme for friendly societies and for
other purposes
s1 4 s3
Friendly Societies (Queensland)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Friendly Societies (Queensland) Act 4
1997. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
8
Definitions
3. In this Act-- 9
"AFIC" means the Australian Financial Institutions Commission. 10
"Appeals Tribunal" means the Australian Financial Institutions Appeals 11
Tribunal established under the Australian Financial Institutions 12
Commission Act 1992. 13
"financial institutions agreement" see AFIC Code, section 3.1 14
"friendly societies legislation of Queensland" means-- 15
(a) this Act and regulations under this Act; and 16
(b) the Friendly Societies (Queensland) Code; and 17
(c) the Friendly Societies (Queensland) Regulations; and 18
(d) the AFIC (Queensland) Code and the AFIC (Queensland) 19
Regulations and the Financial Institutions (Queensland) Code and 20
the Financial Institutions (Queensland) Regulations as applying to 21
1 Under the AFIC Code sections 3 and 7 the financial institutions agreement is
that agreement made on 22 November 1991 between the States and Territories
and includes the agreement as amended or affected by another agreement.
s4 5 s5
Friendly Societies (Queensland)
the code and regulations mentioned in paragraphs (b) and (c). 1
"Friendly Societies (Queensland) Code" means the provisions applying 2
because of section 5.2 3
"Friendly Societies (Queensland) Regulations" means the provisions 4
applying because of section 6.3 5
"Friendly Societies (Victoria) Act" means the Friendly Societies 6
(Victoria) Act 1996 of Victoria. 7
"Ministerial Council" means the Ministerial Council established under the 8
financial institutions agreement. 9
etc. bound 10
State
4.(1) The friendly societies legislation of Queensland binds the State and, 11
as far as the legislative authority of the Parliament permits, the 12
Commonwealth and the other States. 13
(2) Nothing in this Act permits the Commonwealth or a State to be 14
prosecuted for an offence. 15
PART 2--FRIENDLY SOCIETIES (QUEENSLAND) 16
CODE AND FRIENDLY SOCIETIES (QUEENSLAND) 17
REGULATIONS 18
in Queensland of the Friendly Societies Code 19
Application
5. The Friendly Societies Code set out in the Friendly Societies (Victoria) 20
Act, schedule 1, as in force for the time being-- 21
(a) applies as a law of Queensland; and 22
(b) as so applying may be referred to as the Friendly Societies 23
(Queensland) Code. 24
2 Section 5 (Application in Queensland of Friendly Societies Code)
3 Section 6 (Application of regulations)
s6 6 s8
Friendly Societies (Queensland)
of regulations 1
Application
6. The regulations in force for the time being under the Friendly Societies 2
(Victoria) Act, part 4-- 3
(a) apply as regulations in force for the purposes of the Friendly 4
Societies (Queensland) Code; and 5
(b) as so applying may be referred to as the Friendly Societies 6
(Queensland) Regulations. 7
of some expressions in the Code and Regulations 8
Interpretation
7. In the Friendly Societies (Queensland) Code and the Friendly Societies 9
(Queensland) Regulations-- 10
"continuing society" means a friendly society constituted under the 11
Friendly Societies Act 1991 and existing immediately before the 12
commencement of this section. 13
"Corporations Law" has the meaning given by the Corporations 14
(Queensland) Act 1990, part 3. 15
"Corporations Regulations" has the meaning given by the Corporations 16
(Queensland) Act 1990, part 3. 17
"Legislature of this State" means the Legislative Assembly of 18
Queensland. 19
"pharmacy law of this State" means the Pharmacy Act 1976. 20
"Supreme Court" means the Supreme Court of Queensland. 21
"the Code" or "this Code" means the Friendly Societies (Queensland) 22
Code. 23
"the previous law" means the Friendly Societies Act 1991. 24
"the State" or "this State" means Queensland. 25
of law for s 19(4) of Code 26
Prescription
8. The Corporations (Queensland) Act 1990, and the applicable 27
s9 7 s 11
Friendly Societies (Queensland)
provisions of Queensland under that Act, are prescribed for the Friendly 1
Societies (Queensland) Code, section 19(4).4 2
ART 3--CONFERRAL OF FUNCTIONS AND 3
P
POWERS 4
of functions and powers on AFIC 5
Conferral
9. AFIC has the functions and powers conferred or expressed to be 6
conferred on it under the friendly societies legislation of Queensland. 7
of functions and powers on Appeals Tribunal 8
Conferral
10. The Appeals Tribunal has the functions and powers conferred or 9
expressed to be conferred on it under the friendly societies legislation of 10
Queensland. 11
PART 4--STATE SUPERVISORY AUTHORITY 12
OFS to be SSA 13
Q
11. The Queensland Office of Financial Supervision is the State 14
supervisory authority for Queensland. 15
4 Friendly Societies (Queensland) Code, section 19 (Corporations Law applying
under its own force)
s 12 8 s 14
Friendly Societies (Queensland)
PART 5--IMPOSITION OF FEES 1
2
Fees
12. This section imposes the fees prescribed by the Friendly Societies 3
(Queensland) Regulations, or by the AFIC (Queensland) Regulations for 4
matters referred to in the friendly societies legislation of Queensland. 5
and penalties 6
Fees
13.(1) All fees and other amounts that, under the friendly societies 7
legislation of Queensland, are authorised or directed to be imposed on a 8
person and are not, under the legislation or an Act, fees, levies or other 9
amounts payable to, authorised to be kept by, or required to be dealt with in 10
a specified way by, a specified person must be paid to the consolidated 11
fund. 12
(2)The Acts Interpretation Act 1954, section 43, applies for the 13
appropriation of penalties that, under the friendly societies legislation of 14
Queensland, are authorised or directed to be imposed on a person. 15
ART 6--MISCELLANEOUS 16
P
by friendly society to stop carrying on business of 17
Decision
pharmacist 18
14.(1) A friendly society may give effect to a decision of the society to 19
stop carrying on the business of a pharmacist (a "pharmacy decision") 20
only if the decision is made by means of a special resolution under the 21
Friendly Societies (Queensland) Code, section 307.5 22
(2) A friendly society that is to make a pharmacy decision must send to 23
each of its members a statement approved by the SSA specifying-- 24
5 Friendly Societies (Queensland) Code, section 307 (Special resolutions of
societies)
s 14 9 s 14
Friendly Societies (Queensland)
(a) any interest that a director of the friendly society has in the 1
proposed decision or in another entity affected by the proposed 2
decision; and 3
(b) any compensation or other consideration to be paid, or any other 4
incentive proposed to be given, to any officer or member of the 5
friendly society in relation to the proposed decision; and 6
(c) the reasons for the proposed decision; and 7
(d) any other matter specified by the SSA. 8
(3) The statement must be sent to the members so that it will, in the 9
ordinary course of post, reach each member not later than 21 days before 10
the day on or before which the ballot papers must be returned under the 11
Friendly Societies (Queensland) Regulations by members voting in the 12
postal ballot. 13
(4) The SSA may exempt a friendly society from having to comply with 14
subsection (2). 15
(5) For making a special resolution under the Friendly Societies 16
(Queensland) Code, section 307, for this section, that section is taken to 17
require the resolution to be voted on by a postal ballot conducted in 18
accordance with the regulations made for the purpose of subsection (1)(b) 19
of that section. 20
(6) In this section-- 21
"director" see the Friendly Societies (Queensland) Code, section 3.6 22
"friendly society" means a society within the meaning of the Friendly 23
Societies (Queensland) Code. 24
"member" of a friendly society, means a person who is a member of the 25
society under the Friendly Societies (Queensland) Code. 26
6 Friendly Societies (Queensland) Code, section 3--
"director" has the meaning given by section 5.
s 15 10 s 17
Friendly Societies (Queensland)
"officer" see the Friendly Societies (Queensland) Code, section 3.7 1
"SSA" see the Friendly Societies (Queensland) Code, section 3.8 2
power 3
Regulation-making
15. The Governor in Council may make regulations under this Act. 4
ART 7--SAVINGS, TRANSITIONAL, AMENDMENT 5
P
AND REPEAL 6
of words and expressions used in Friendly Societies 7
Meaning
(Queensland) Code and this part 8
16. Words and expressions used in the Friendly Societies (Queensland) 9
Code and this part have the same respective meanings in this part as they 10
have in that code. 11
savings provision 12
General
17.(1) All persons, things and circumstances appointed or created under 13
the Friendly Societies Act 1991, or existing or continuing under the Act, 14
immediately before the commencement of this section continue, under and 15
subject to the friendly societies legislation of Queensland, to have the same 16
status, operation and effect as they would have had if this Act had not been 17
enacted. 18
(2) Subsection (1) is subject to any contrary intention appearing in this 19
Act or the Friendly Societies (Queensland) Code. 20
7 Friendly societies (Queensland) Code, section 3--
"officer" has the meaning given by section 9.
8 Under section 11 of this Act the Queensland Office of Financial Supervision is
the SSA.
s 18 11 s 18
Friendly Societies (Queensland)
started to have been formed 1
Society
18.(1) This section applies if, before the commencement of this section, 2
the formation of a body as a friendly society started under the Friendly 3
Societies Act 1991, section 3.1, but the body has not been registered under 4
the Act as a friendly society. 5
(2) The formation of the body as a friendly society under the Act is taken 6
to have started if a meeting has been called to form the friendly society. 7
(3) Despite the repeal of the Act, section 3.1 continues to apply to the 8
formation of the body as a friendly society but application may be made 9
under the Friendly Societies (Queensland) Code, section 60, for the body to 10
be registered under the code as a society. 11
(4) For the application-- 12
(a) the reference in the Friendly Societies (Queensland) Code, 13
section 60(2)(b)(i), to section 599 is taken to be a reference to the 14
Friendly Societies Act 1991, section 3.1(1) and (2); and 15
(b) the reference in the Friendly Societies (Queensland) Code, 16
section 60(2)(b)(v), to 25 or more adults is taken to be a reference 17
to at least the appropriate number, under the Friendly Societies 18
Act 1991, section 3.1, of adults. 19
(5) The society may be registered under the Friendly Societies 20
(Queensland) Code if its rules are not contrary to the Friendly Societies Act 21
1991 even though they are contrary to the friendly societies legislation. 22
(6) On registration, the rules have effect subject to the friendly societies 23
legislation. 24
(7) If on registration of the society its rules are contrary to the friendly 25
societies legislation, the society must ensure the rules are amended to 26
comply with the legislation within 1 year of registration. 27
Maximum penalty--133 penalty units. 28
(8) Subsection (7) does not limit subsection (6). 29
9 Friendly Societies (Queensland) Code, section 59 (Formation of societies)
s 19 12 s 21
Friendly Societies (Queensland)
of interests by directors 1
Disclosure
19.(1) Subsection (2) applies if a director of a continuing society 10 has 2
given a general written notice under the Friendly Societies Act 1991, 3
section 4.7(5), to all the other directors of the society. 4
(2) The notice is taken to have been given by the director under the 5
Friendly Societies (Queensland) Code, section 292(5). 6
(3) Subsection (4) applies if a director of a continuing society has made a 7
declaration under the Friendly Societies Act 1991, section 4.7(6) and (7), at 8
a meeting of the society's board 9
(4) The declaration is taken to have been made under the Friendly 10
Societies (Queensland) Code, section 292(6) and (7). 11
of dispensaries 12
Operation
20.(1) This section applies if, immediately before the commencement of 13
this section, under the Friendly Societies Act 1991, section 2.2(3), a 14
continuing society is authorised to sell or supply medical requisites and 15
dispense or sell medicines to members of the public generally. 16
(2) The society's rules are taken to include, as an object of the society, the 17
following-- 18
· to sell or supply medical requisites and therapeutic goods and 19
dispense or sell medicines to members of the public. 20
contracts about pharmacies 21
Management
21.(1) This section applies to a management contract entered into under 22
an approval mentioned in the Friendly Societies Act 1991, section 4.15(14), 23
by a continuing society for the management of a pharmacy. 24
10 Section 7--
"continuing society" means a friendly society constituted under the Friendly
Societies Act 1991 and existing immediately before the commencement of this
section.
s 22 13 s 23
Friendly Societies (Queensland)
(2) Subject to the Friendly Societies (Queensland) Code, section 297(5)11 1
and the management contract's terms, the contract continues in force. 2
of management contracts to be given to SSA 3
Copies
22.(1) This section applies to a management contract entered into by a 4
continuing society before the commencement of this section and that is in 5
force immediately before the commencement. 6
(2) The continuing society must give the SSA a copy of the contract 7
within 1 month after the commencement of this section. 8
Maximum penalty for subsection (2)--66 penalty units. 9
information memorandums 10
Investor
23.(1) This section applies to an investor information memorandum for a 11
continuing society that is lawfully being used for investment in the society 12
immediately before the commencement of this section. 13
(2) While the investor information memorandum continues in force, the 14
Friendly Societies Act 1991, part 6, divisions 1 and 2 continue to apply in 15
relation to the memorandum and to a form of application for investment in 16
a friendly society to which the memorandum relates, and the Friendly 17
Societies (Queensland) Code, part 4B, divisions 1 to 3, do not apply in 18
relation to an investment to which the memorandum relates. 19
(3) For this section an investor information memorandum continues in 20
force until whichever of the following first happens-- 21
(a) the anniversary of the date of the memorandum's issue under the 22
Friendly Societies Act 1991, section 6.3(3); 23
(b) a disclosure document relating to the investment to which the 24
memorandum relates is lodged under the Friendly Societies 25
(Queensland) Code with the SSA. 26
(4) This section has effect despite the repeal of the Friendly Societies Act 27
1991. 28
(5) In this section-- 29
11 Friendly Societies (Queensland) Code, section 297 (Management contracts)
s 24 14 s 24
Friendly Societies (Queensland)
"investor information memorandum", means an investor information 1
memorandum under the Friendly Societies Act 1991 approved under 2
section 6.2(1)(a) of that Act or lodged under section 6.2(1)(b) of that 3
Act. 4
of engagements 5
Transfers
24.(1) Subsection (2) applies if-- 6
(a) a continuing society has by special resolution under the Friendly 7
Societies Act 1991, section 7.1-- 8
(i) decided to transfer the society's engagements, or the 9
engagements relating to a fund of the society, to another 10
continuing society; or 11
(ii) undertaken to fulfil the engagements, or the engagements 12
relating to a fund, of another continuing society; and 13
(b) the resolution has not been registered under the Act before the 14
commencement of this section. 15
(2) For the Friendly Societies(Queensland) Code, section 364(2), the 16
special resolution is taken to be a special resolution approving a proposed 17
transfer of engagements. 18
(3) Subsection (4) applies if, before the commencement of this section, a 19
continuing society, by ordinary resolution, or by ordinary resolution of the 20
society's board, under the Friendly Societies Act 1991, section 7.1, 21
undertook to fulfil the engagements of another continuing society, or the 22
engagements relating to a fund of another continuing society. 23
(4) The resolution is taken to be an approval, with the consent of the 24
SSA, of a proposed transfer of engagements by the continuing society's 25
board under the Friendly Societies(Queensland) Code, section 364(2). 26
(5) Compliance, before the commencement of this section, by a 27
continuing society with the Friendly Societies Act 1991, section 7.1(3) and 28
(4) about a transfer of engagements is taken to be compliance by the society 29
with the Friendly Societies (Queensland) Code, section 364(3) and(4). 30
(6) An exemption for a continuing society given under the Friendly 31
Societies Act 1991, section 7.1(3) is taken to have been given under the 32
Friendly Societies (Queensland) Code, section 364(5). 33
s 25 15 s 27
Friendly Societies (Queensland)
transfers of engagements 1
Directed
25.(1) This section applies if a direction under the Friendly Societies Act 2
1991, section 7.2, for a continuing society is in force immediately before the 3
commencement of this section. 4
(2) The direction is taken to be a direction to the continuing society given 5
by the SSA under the Friendly Societies (Queensland) Code, section 367. 6
7
Mergers
26.(1) Subsection (2) applies if a continuing society has, by special 8
resolution under the Friendly Societies Act 1991, section 7.4, decided to 9
amalgamate with another continuing society and the resolution has not been 10
registered under the Act before the commencement of this section. 11
(2) For the Friendly Societies (Queensland) Code, section 364(2), the 12
special resolution is taken to be a special resolution approving a proposed 13
merger with the other continuing society. 14
(3) Compliance by a continuing society with the Friendly Societies Act 15
1991, section 7.4(2) and (3) before the commencement of this section is, 16
for an amalgamation, taken to be compliance with the Friendly Societies 17
(Queensland) Code, section 364(3) and (4). 18
(4) An exemption for a continuing society given under the Friendly 19
Societies Act 1991, section 7.4(2) is taken to have been given under the 20
Friendly Societies (Queensland) Code, section 364(5). 21
from stamp duty in certain cases 22
Exemption
27.(1) This section applies if, because of section 24, 25 or 26, and 23
because of the Friendly Societies (Queensland) Code, a transfer of 24
engagements takes effect, or a merged society is registered, under the code. 25
(2) The vesting of assets under the Friendly Societies (Queensland) 26
Code, section 374 or 375, because of the transfer of engagements or the 27
merger, and any instrument executed to give effect to the section, do not 28
attract duty under the Stamp Act 1894. 29
s 28 16 s 30
Friendly Societies (Queensland)
and appointed directors. 1
Administrators
28.(1) An administrator of a continuing society appointed under the 2
Friendly Societies Act 1991, section 9.1, is taken to have been appointed by 3
the SSA under the Friendly Societies (Queensland) Code, section 46. 4
(2) A director of a continuing society appointed under the Friendly 5
Societies Act 1991, section 9.4(2)(b) is taken to have been appointed under 6
the Friendly Societies (Queensland) Code, section 46(11)(d). 7
of operations 8
Suspension
29. A direction given to a continuing society under the Friendly Societies 9
Act 1991, section 9.7 that is in force immediately before the commencement 10
of this section is taken to be a direction given to the society by the SSA 11
under the Friendly Societies (Queensland) Code, section 45. 12
not to apply to continuing societies being wound-up 13
Code
30.(1) This section applies if, under the Friendly Societies Act 1991, the 14
winding-up of a continuing society has started but not finished before the 15
commencement of this section. 16
(2) The provisions of the Friendly Societies (Queensland) Code about the 17
winding-up of societies do not apply to the continuing society. 18
(3) Also, section 490 of the code about the winding-up of certain 19
continuing societies does not apply to the continuing society. 20
(4) The continuing society is to be wound-up in the same way as if the 21
sections 5 and 6 of this Act had not been enacted. 22
(5) For the winding-up, the Friendly Societies Act 1991 continues to 23
apply to the continuing society despite the repeal of the Act. 24
(6) For subsection (1), if a continuing society is being wound-up under 25
the Corporations Law, part 5.6, division 8, as applied by the Friendly 26
Societies Act 1991, the winding-up is taken to have started on the day a letter 27
was posted to the society under the Corporations Law, section 572(1). 28
(7) Subsection (1) does not limit the operation of the Acts Interpretation 29
Act 1954. 30
(8) This section applies despite anything in the Friendly Societies 31
s 31 17 s 32
Friendly Societies (Queensland)
(Queensland) Code. 1
(9) In this section-- 2
"winding-up" includes dissolution. 3
4
Investigations
31.(1) This section applies if, immediately before the commencement of 5
this section, an inquiry is being conducted into the affairs of a continuing 6
society under the Friendly Societies Act 1991, part 8, division 3. 7
(2) The inquiry may continue as an investigation under the Friendly 8
Societies (Queensland) Code, part 10. 9
(3) For the purpose of continuing the inquiry, the SSA may appoint an 10
investigator under the Friendly Societies (Queensland) Code, section 411. 11
(4) A document or other information properly obtained by the person 12
conducting the inquiry before the commencement of this section may be 13
had regard to by the person continuing the inquiry 14
15
Warrants
32.(1) This section applies if-- 16
(a) a warrant is issued under the Friendly Societies Act 1991, 17
section 8.30, 8.31 or 8.32; and 18
(b) the warrant is effective immediately before the commencement of 19
this section; and 20
(c) the person to whom the warrant is issued is, on the 21
commencement of this section, an inspector. 22
(2) The warrant is taken to have been issued to the inspector under the 23
corresponding provision of the Friendly Societies (Queensland) Code and 24
the code applies accordingly. 25
(3) In this section-- 26
"corresponding provision" of the Friendly Societies (Queensland) Code 27
means-- 28
(a) for the Friendly Societies Act 1991, section 8.30, section 38 of the 29
s 33 18 s 35
Friendly Societies (Queensland)
code; and 1
(b) for the Friendly Societies Act 1991, section 8.31, section 39 of the 2
code; and 3
(c) for the Friendly Societies Act 1991, section 8.32, section 40 of the 4
code. 5
Societies Act 1991 continues to apply for certain land vested 6
Friendly
in continuing society 7
33.(1) This section applies to an interest in land vested in a continuing 8
society under the Friendly Societies Act 1991, section 13.4. 9
(2) Despite the repeal of that Act-- 10
(a) that section continues to apply for recording the vesting; and 11
(b) subsection (4) of that section continues to apply to the vesting and 12
to any instruments executed as a consequence of the section to 13
give the section effect. 14
of continuing societies 15
Members
34.(1) Until the end of the first annual general meeting of a continuing 16
society held after the commencement of this section, subsection (2) applies 17
for deciding who the members of the society are. 18
(2) The members are the individuals admitted to membership of the 19
continuing society under the society's rules. 20
(3) From the end of the meeting, the Friendly Societies (Queensland) 21
Code applies for deciding who the members of the continuing society are. 22
regulations 23
Transitional
35.(1) A regulation may provide for matters of a savings or transitional 24
nature consequent on the enactment of this Act and for which this Act does 25
not make provision or sufficient provision. 26
(2) Subject to subsection (3), a regulation under this section expires 1 27
year after it is made unless it is earlier repealed. 28
(3) This section expires 2 years after it commences. 29
s 36 19 s 37
Friendly Societies (Queensland)
of Acts 1
Amendment
36. The schedule amends the Acts mentioned in it. 2
3
Repeal
37. The Friendly Societies Act 1991 is repealed. 4
20
Friendly Societies (Queensland)
CHEDULE 1
¡S
ONSEQUENTIAL AND OTHER MINOR 2
C
AMENDMENTS 3
section 36 4
CTS INTERPRETATION ACT 1954 5
´A
1. Section 36-- 6
insert-- 7
` "Friendly Societies (Queensland) Code" means the provisions applying 8
because of the Friendly Societies (Queensland) Act 1997, section 5, 9
and includes the Friendly Societies (Queensland) Regulations. 10
"Friendly Societies (Queensland) Regulations" means the provisions 11
applying because of the Friendly Societies (Queensland) Act 1997, 12
section 6.'. 13
RIMINAL CODE ACT 1899 14
´C
1. Schedule 1, section 1, definitions "clerk" and "servant", `, and also 15
includes' to `or branch of a friendly society'-- 16
omit. 17
AMILY SECURITY FRIENDLY SOCIETY 18
´F
(DISTRIBUTION OF MONEYS) ACT 1991 19
1. After section 27-- 20
insert-- 21
21
Friendly Societies (Queensland)
`Continued application of repealed Friendly Societies Act 1991 1
`28.(1) This section applies despite the repeal of the Friendly Societies 2
Act 1991. 3
`(2) To the extent that it is necessary or convenient, the Friendly Societies 4
Act 1991 and the regulations continue to apply for the purposes of this Act 5
including the winding-up and dissolution of the Society. 6
`Society not a continuing society 7
`29. The Society is not a continuing society under the Friendly Societies 8
(Queensland) Act 1997 or the Friendly Societies (Queensland) Code.'. 9
UNERAL BENEFIT BUSINESS ACT 1982 10
´F
1. Section 55(a)-- 11
omit, insert-- 12
`(a) a society under the Friendly Societies (Queensland) Code; or'. 13
QUEENSLAND OFFICE OF FINANCIAL 14
´
SUPERVISION ACT 1992 15
1. Section 3, definitions "Financial Institutions (Queensland) Code" 16
and "friendly society"-- 17
omit. 18
2. Section 3-- 19
insert-- 20
` "Financial Institutions (Queensland) Code" means the provisions 21
applying because of the Financial Institutions (Queensland) Act 1992, 22
section 4, and includes the Financial Institutions (Queensland) 23
Regulations. 24
22
Friendly Societies (Queensland)
"Financial Institutions (Queensland) Regulations" means the 1
provisions applying because of the Financial Institutions 2
(Queensland) Act 1992, section 5. 3
"friendly association" means an association within the meaning of the 4
Friendly Societies (Queensland) Code. 5
"friendly institution" means a friendly association or friendly society. 6
"Friendly Societies (Queensland) Code" means the provisions applying 7
because of the Friendly Societies (Queensland) Act 1997, section 5, 8
and includes the Friendly Societies (Queensland) Regulations. 9
"Friendly Societies (Queensland) Regulations" means the provisions 10
applying because of the Friendly Societies (Queensland) Act 1997, 11
section 6. 12
"friendly society" means a society within the meaning of the Friendly 13
Societies (Queensland) Code.'. 14
3. Section 4, heading, at the end-- 15
insert-- 16
`or Friendly Societies (Queensland) Code'. 17
4. Section 4, after `Code have'-- 18
omit, insert-- 19
`Code or Friendly Societies (Queensland) Code have'. 20
5. Section 6, after `legislation'-- 21
insert-- 22
`, the friendly societies legislation'. 23
6. Section 7(2), after `legislation'-- 24
insert-- 25
`, the friendly societies legislation'. 26
23
Friendly Societies (Queensland)
7. Section 9, after `legislation'-- 1
insert-- 2
`, the friendly societies legislation'. 3
8. Section 10, after `legislation'-- 4
insert-- 5
`or friendly societies legislation'. 6
9. Section 26, `friendly society'-- 7
omit, insert-- 8
`friendly institution'. 9
10. Section 33(f), `friendly society'-- 10
omit, insert-- 11
`friendly institution'. 12
11. Section 38(2), `friendly society'-- 13
omit, insert-- 14
`friendly institution'. 15
12. Section 53(2)(b), `friendly society'-- 16
omit, insert-- 17
`friendly institution'. 18
13. Section 53(4), after `legislation,'-- 19
insert-- 20
`the friendly societies legislation,'. 21
24
Friendly Societies (Queensland)
14. Section 53(4)(b), `friendly society'-- 1
omit, insert-- 2
`friendly institution'. 3
15. Section 53(5), after `legislation,'-- 4
insert-- 5
`the friendly societies legislation,'. 6
16. Section 53(5)(b), `friendly society'-- 7
omit, insert-- 8
`friendly institution'. 9
17. Section 58(1), `Act or the financial institutions legislation'-- 10
omit, insert-- 11
`Act, the financial institutions legislation or the friendly societies 12
legislation'. 13
18. Section 58(2)-- 14
insert-- 15
`(g) a supervision levy decided under the Friendly Societies 16
(Queensland) Code, part 2, division 2, subdivision 7.'. 17
19. Section 59(1), after `legislation'-- 18
insert-- 19
`or the friendly societies legislation'. 20
20. Section 59(1)(c), after `an'-- 21
insert-- 22
`appropriately qualified'. 23
25
Friendly Societies (Queensland)
21. Section 59(2)-- 1
omit, insert-- 2
`(2) Also, QOFS may, by resolution of the board, delegate its powers 3
under the Financial Intermediaries Act 1996 to a director, the chief 4
executive officer or an appropriately qualified employee of QOFS. 5
`(2A) The powers under the Financial Institutions (Queensland) Code, 6
section 95, the Friendly societies (Queensland) Code, section 51, or the 7
Financial Intermediaries Act 1996, section 62, may not be delegated.'. 8
22. Section 59-- 9
insert-- 10
`(5) In subsections (1) and (2)-- 11
"appropriately qualified" includes having the qualifications, experience or 12
standing appropriate to exercise the power. 13
14
Example of `standing'--
15
The seniority of an employee's position with QOFS.'.
23. Section 60, after `legislation'-- 16
insert-- 17
`or the friendly societies legislation'. 18
24. Section 61(2)(a)(ii)-- 19
omit, insert-- 20
`(ii) the Friendly Societies (Queensland) Code, section 51;12 21
and'. 22
25. Section 62(b)-- 23
omit, insert-- 24
12 Section 51 (Supervision levy)
26
Friendly Societies (Queensland)
`(b) for its functions under the friendly societies legislation--industry 1
bodies and friendly societies; and'. 2
26. Section 62A, after `legislation'-- 3
insert-- 4
`, the friendly societies legislation'. 5
27. Section 67-- 6
insert-- 7
`(2) In an Act or document, a reference to the Friendly Societies Act 1991 8
may, if the context permits, be taken to be a reference to the Friendly 9
Societies (Queensland) Code.'. 10
11
© State of Queensland 1997
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