Friendly Societies Act 1888
An Act to amend the law relating to friendly societies
[Royal Assent 6 December 1887]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Friendly Societies Act 1888 .
[Section 2 Amended by 25 Geo. V No. 78 ]This Act shall commence from 31st December 1887.
Every certified friendly society now subsisting whose rules have been certified, filed, and registered under the Act of the nineteenth Victoria, number 26, intituled "An Act to regulate Friendly Societies", shall be deemed to be a society registered under this Act; and its rules shall, so far as the same are not contrary to any express provision of this Act, continue in force until altered or rescinded.
[Section 4 Amended by 25 Geo. V No. 78 ][Section 4 Amended by No. 80 of 1952, s. 2 ][Section 4 Amended by No. 9 of 1982, s. 7 and Sched. 10 ][Section 4 Amended by No. 47 of 1984, s. 4 ]In this Act, unless the contrary intention appears –actuary means –(a) a person who is a Fellow of the Institute of Actuaries (London) or the Institute of Actuaries (Edinburgh); or(b) a person who is the holder of such degree, certificate, or diploma, awarded by such institution or body, as may be prescribed, or possesses such other qualifications as may be prescribed;amendment of rule includes a new rule and a resolution rescinding a rule;branch means any number of the members of a society under the control of a central body having a special fund administered by themselves, or by a committee or officers appointed by themselves;Commissioner means the Commissioner for Corporate Affairs holding office under section 4 of the Commissioner for Corporate Affairs Act 1980 , and includes any person holding that office in an acting capacity;kindred includes such relatives as may be defined by the rules of any society;meeting includes, when the rules of a society so allow, a meeting of delegates appointed by members;officer extends to any trustee, treasurer, secretary, or member of the committee of management of a society, or to any person appointed to manage any hall or building erected by such society, or person appointed by a society to sue and be sued on its behalf;persons claiming through a member includes the executors, administrators, and assigns of a member, and also his nominees when nomination is allowed;property means all real and personal estate, including books and papers;registered society or registered branch means a society or branch registered or deemed to be registered under this Act.
4A. Companies (Tasmania) Code not to apply to friendly societies, &c.
[Section 4A Inserted by No. 9 of 1982, s. 7 and Sched. 10 ]The provisions of the Companies (Tasmania) Code do not apply to a registered society or a registered branch.
4B. Application of Act to trade unions
[Section 4B Inserted by No. 9 of 1982, s. 7 and Sched. 10 ](1) Except as provided in subsection (2) , this Act does not apply to or in relation to a trade union.(2) Section 26 applies to and in relation to a trade union, whether registered or unregistered, which insures or pays money on the death of a child who has not attained the age of 10 years and, for the purposes of that application in relation to a trade union, a reference in that section to a society or branch shall be read as a reference to that trade union.
5. Objects for which societies may be registered
[Section 5 Amended by No. 80 of 1952, s. 3 ][Section 5 Amended by No. 55 of 1965, s. 5 ]Societies may be registered under this Act to provide by voluntary subscriptions of the members thereof, with or without the aid of donations, for any one or more of the following objects:(a) for the relief or maintenance of members, their husbands, wives, children, or kindred in infancy, old age, widowhood, sickness, or other infirmity, bodily or mental, or any natural state of which the probability may be calculated by way of average;(b) for providing medical attendance, dispensing medicines to the members, their husbands, wives, widows, children, or kindred;(c) for defraying the expenses of the burial of members, their husbands, wives, widows, children or kindred, subject to the restrictions hereinafter contained;(d) for the relief or maintenance of the members when on travel in search of employment, or when in distressed circumstances, or in case of shipwreck, or loss or damage of or to boats or nets;(e) for the insurance against fire to any amount not exceeding $30 of the tools or implements of trade or calling of the members;(f) for insuring a sum of money to be paid to a member or his widow on the birth of any child of such member, or for insuring a sum of money to be paid on the death of any member to the widow or widower, or to the child or children, or to the executor or administrator of such deceased member;(g) for providing hospital benefits or medical benefits or both, to members, their husbands, wives, children, and kindred, in accordance with any law of the Commonwealth relating to the provision of hospital benefits or medical benefits, or both, to members of societies or organizations approved or registered under that law.
5A. Power of societies to carry on business of chemist
[Section 5A Inserted by 7 & 8 Geo. VI No. 101, s. 2 ](1) Notwithstanding anything contained in this Act, a registered society to which this section applies, may establish and carry on, in accordance with the provisions of the Pharmacy Act 1908 , the business of a pharmaceutical and dispensing chemist and druggist, and may –whether or not such person is a member of any registered society.(a) compound or dispense any prescription for medicines for any person; and(b) sell or supply any medicine or drug, and any surgical and medicinal appliance, requisite, comfort, or other article which is usually sold by pharmaceutical chemists, to any person –(2) In respect of the business carried on under the authority of this section, a registered society to which this section applies shall not be entitled to the benefit of any exemption from the payment of stamp duty under any provision in the Stamp Duties Act 1931 .(3) [Section 5A Subsection (3) omitted by No. 9 of 1982, s. 7 and Sched. 10 ]. . . . . . . .(4) [Section 5A Subsection (4) amended by No. 75 of 1973, s. 2 and Sched. 1 ]This section shall apply to the societies registered at the commencement of this section known as the Hobart United Friendly Societies Dispensary and the Launceston United Friendly Societies Dispensary, respectively, and to no others: Provided that the Hobart United Friendly Societies Dispensary shall not carry on business under the authority of this section at any place beyond 11 kilometres from the Hobart General Post Office, and the Launceston United Friendly Societies Dispensary shall not carry on business under the authority of this section at any place beyond 11 kilometres from the Launceston General Post Office.
5B. Power of registered society to participate in Commonwealth hospital and medical benefits schemes
[Section 5B Inserted by No. 80 of 1952, s. 4 ](1) A registered society or branch may, subject to rules of the society or branch, become registered or approved as an organization under any law of the Commonwealth relating to the provision of hospital benefits or medical benefits, or both, and may take such other measures as are necessary to enable the society or branch to be authorized to act under that law.(2) A registered society or branch may, subject to the rules of the society or branch, out of the appropriate fund or funds of the society or branch, make any payment for the purpose of securing to the members, their husbands, wives, children, and kindred, any of the benefits to which they may be entitled under any law of the Commonwealth mentioned in subsection (1) .(3) A registered society or branch may receive from the Commonwealth any amount that, under any law of the Commonwealth mentioned in subsection (1) , is payable to the society or branch in repayment (whether in whole or in part) of any payments made by the society or branch as provided by subsection (2) , and any amount so received shall be paid by the society or branch into the fund or funds from which those payments are made by the society or branch.
5C. Power of registered society to admit members with limited rights
[Section 5C Inserted by No. 80 of 1952, s. 4 ](1) A registered society or branch may, subject to the rules of the society or branch, admit persons to membership of the society or branch on condition that the persons so admitted shall have the right to contribute only to some particular fund or funds of the society or branch.(2) Notwithstanding anything in the rules of a society or branch, a person who is admitted to membership on a condition such as is referred to in subsection (1) shall have the same rights as other members of the society or branch to vote at meetings of the society or branch on any question relating to the fund or funds to which the person so admitted to membership contributes.
6. Friendly societies to be registered
[Section 6 Substituted by No. 80 of 1952, s. 5 ][Section 6 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 7 Repealed by No. 9 of 1982, s. 7 and Sched. 10 ][Section 8 Repealed by 25 Geo. V No. 78 ](1) [Section 6 Subsection (1) amended by No. 46 of 1991, s. 4 and Sched. 2 ]A society or branch (whether formed before or after the commencement of this Act) that –shall, unless exempted from the operation of this section by the Minister on the recommendation of the Commissioner, be registered under this Act within 3 months after the date on which it begins to carry on the business, or perform the functions, for which it is formed, or within 3 months after the commencement of this section, whichever is the earlier.(a) is formed for the purpose of providing, by voluntary subscriptions of the members thereof, with or without the aid of donations, for any of the objects mentioned in section 5 ; and(b) consist of not less than 10 members –(2) [Section 6 Subsection (2) amended by No. 47 of 1984, s. 5 ]If a society or branch to which this section applies is not registered within the time prescribed in subsection (1) , the trustees, and the chairman, treasurer, or secretary, and each member of the committee of management, of the society or branch shall each be guilty of an offence and liable on summary conviction to a fine not exceeding 2 penalty units.
[Section 9 Amended by No. 80 of 1952, s. 6 ][Section 9 Amended by No. 47 of 1984, s. 6 ][Section 9 Amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 9 Subsection (1) amended by No. 47 of 1984, s. 6 ]The Commissioner shall, with the approval of the Minister –(a) prepare or cause to be prepared, and cause to be circulated for the use of societies or branches, model forms of accounts, balance-sheets, and valuations;(b) collect from the returns under this Act and from other sources and publish and circulate, either generally or in any particular district, or otherwise make known such information on the subject of the statistics of life and sickness, and the application thereof to the business of friendly societies or branches, and publish generally or in particular districts such particulars of their returns and valuations, and such other information useful to the members of and to persons interested in friendly societies or branches registered under this Act, as the Commissioner may think fit;(c) cause to be constructed and published tables for the payment of sums of money on death, in sickness, or old age, or on any other contingency for providing against which a society or branch may be registered under this Act, which may appear to be calculable.(2) [Section 9 Subsection (2) added by No. 80 of 1952, s. 6 ]The Commissioner may –(a) on giving not less than 7 days' notice to a society or branch, require the production to him of any books, papers, records, vouchers, or other documents relating to the conduct of the business of the society or branch, and may examine on oath any officer, member, agent, or servant of the society or branch in relation to the conduct of the business of the society or branch, and may administer an oath accordingly;(b) at any time inspect, and make copies of, or take extracts from, any books, papers, records, vouchers, and other documents relating to the conduct of the society or branch; and(c) require the manager or officer in charge of a bank or branch of a bank carrying on business in this State in or by which any moneys or securities of a society or branch are deposited, invested, or held to furnish him with a written statement specifying the amount of the moneys or the amount or value of the securities so deposited, invested, or held, and containing such other particulars, if any, as the Commissioner may think necessary or desirable.(3) [Section 9 Subsection (3) added by No. 80 of 1952, s. 6 ]Any person who –is guilty of an offence and is liable on summary conviction to a fine not exceeding 2 penalty units.(a) fails or refuses to produce any book, paper, record, voucher, or other document, or to furnish to the Commissioner any statement or information, when required so to do by the Commissioner pursuant to subsection (2) , or who knowingly furnishes to the Commissioner any statement or information that is false or misleading in any material particular; or(b) refuses to answer any question when required so to do by the Commissioner pursuant to that subsection –
[Section 10 Substituted by No. 47 of 1984, s. 7 ](1) A registered society or branch shall –(a) keep such accounting records as correctly record and explain the transactions of the society or branch (including any transactions as trustee) and the financial position of the society or branch; and(b) keep its accounting records in such a manner as will enable –(i) the preparation from time to time of true and fair accounts of the society or branch; and(ii) its accounts to be conveniently and properly audited in accordance with this Act.(2) A registered society or branch shall retain the accounting records kept under subsection (1) for such period as may be prescribed for the purposes of this subsection or, if no such period is prescribed, a period of 7 years after the completion of the transactions to which they relate.(3) A registered society or branch shall keep the accounting records referred to in subsection (1) at such place or places as its officers think appropriate.(4) The accounting records of a registered society or branch shall be kept in writing in the English language or so as to enable those records to be readily accessible and readily convertible into writing in the English language.(5) [Section 10 Subsection (5) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A registered society or branch which fails to comply with subsection (1) , (2) , (3) , or (4) is guilty of an offence and is liable on summary conviction to a fine not exceeding 1 penalty unit.
[Section 10A Inserted by No. 47 of 1984, s. 8 ](1) Within 28 days after the date on which a society or branch is registered, the society or branch shall, subject to subsection (7) , appoint (unless at a general meeting it has appointed a person or persons, a firm or firms, or a person or persons and a firm or firms as auditor or auditors of the society or branch) a person or persons, a firm or firms, or a person or persons and a firm or firms as auditor or auditors of the society or branch.(2) A person or firm appointed as auditor of a registered society or branch under subsection (1) holds office until the first annual general meeting of the society or branch.(3) Subject to subsection (7) , a registered society or branch shall –(a) at its first annual general meeting appoint a person or persons, a firm or firms, or a person or persons and a firm or firms, as auditor or auditors of the company; and(b) at each subsequent annual general meeting, if there is a vacancy in the office of auditor of the society or branch, appoint a person or persons, a firm or firms, or a person or persons and a firm or firms, to fill the vacancy.(4) A person or firm appointed as auditor under subsection (3) holds office until death or removal or resignation from office in accordance with section 10D or until ceasing to be capable of acting as auditor by reason of section 10C (1) or (2) .(5) Within 28 days after a vacancy, other than a vacancy caused by the removal of an auditor from office, occurs in the office of auditor of a registered society or branch, if there is no surviving or continuing auditor of the society or branch, the society or branch shall, unless at a general meeting it has appointed a person or persons, a firm or firms, or a person or persons and a firm or firms, to fill the vacancy, appoint a person or persons, a firm or firms, or a person or persons and a firm or firms, to fill the vacancy.(6) While a vacancy in the office of auditor continues, the surviving or continuing auditor or auditors (if any) may act.(7) A registered society or branch shall not appoint a person or firm as auditor of the company unless that person or firm has, before the appointment, consented by notice in writing given to the society or branch to act as auditor and has not withdrawn his or its consent by notice in writing given to the society or branch.(8) A notice under subsection (7) given by a firm shall be signed in the firm name and in his own name by a member of the firm who is a registered company auditor.(9) [Section 10A Subsection (9) amended by No. 43 of 1991, s. 5 and Sched. 1 ]If a registered society or branch appoints an auditor of the society or branch in contravention of subsection (7) , the purported appointment is of no effect and the society or branch is guilty of an offence and liable on summary conviction to a fine not exceeding 2 penalty units.(10) Where an auditor of a registered society or branch is removed from office at a general meeting in accordance with section 10D –(a) the society or branch may, subject to subsection (7) , at that meeting (without adjournment), by a resolution passed by a majority of not less than three-quarters of such members of the society or branch as, being entitled to do so, vote in person, appoint as auditor or auditors a person or persons, a firm or firms, or a person or persons and a firm or firms, to whom or which has been sent a copy of the notice of nomination in accordance with section 10B (3) ; or(b) if such a resolution is not passed or, by reason only that such a copy of the notice of nomination has not been sent to a person or firm, could not be passed, the meeting may be adjourned to a date not earlier than 20 days and not later than 30 days after the day of the meeting and the society or branch may, subject to subsection (7) , at the adjourned meeting, by ordinary resolution, appoint as auditor or auditors a person or persons, a firm or firms, or a person or persons and a firm or firms, notice of whose nomination for appointment as auditor has been received by the society or branch from a member of the society or branch at least 14 clear days before the date to which the meeting is adjourned.(11) If after the removal from office of an auditor of a registered society or branch the society or branch fails to appoint another auditor under subsection (10) , the society or branch shall, within 7 days after the failure, notify the Commissioner accordingly, and the Commissioner shall, unless there is another auditor of the society or branch whom the Commissioner believes to be able to carry out the responsibilities of auditor alone and who agrees to continue as auditor, appoint as auditor or auditors of the society or branch a person or persons, a firm or firms, or a person or persons and a firm or firms, who or which consents or consent to be so appointed.(12) Subject to subsection (11) , if a registered society or branch does not appoint an auditor when required by this Act to do so, the Commissioner may, on the application in writing of a member of the society or branch, appoint as auditor or auditors of the society or branch a person or persons, a firm or firms, or a person or persons and a firm or firms, who or which consents or consent to be so appointed.(13) A person or firm appointed as auditor of a registered society or branch under subsection (5) , (10) , (11) , or (12) holds office until the next annual general meeting of the society or branch.(14) [Section 10A Subsection (14) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A registered society or branch which fails to comply with subsection (1) , (3) , (5) , or (11) is guilty of an offence and is liable on summary conviction to a fine not exceeding 2 penalty units.
[Section 10B Inserted by No. 47 of 1984, s. 8 ](1) Subject to this section, a registered society or branch is not entitled to appoint a person or persons, a firm or firms, or a person or persons and a firm or firms as auditor of the society or branch at its annual general meeting, not being a meeting at which an auditor is removed from office, unless notice in writing of nomination as auditor was given to the society or branch by a member of the society or branch –(a) before the meeting was convened; or(b) not less that 21 days before the meeting.(2) [Section 10B Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]If a registered society or branch appoints an auditor of the society or branch in contravention of subsection (1) , the purported appointment is of no effect and the society or branch is guilty of an offence and liable on summary conviction to a fine not exceeding 2 penalty units.(3) Where notice of nomination of an auditor of a society or branch is received by the society or branch, whether for appointment at a meeting or an adjourned meeting referred to in section 10A (10) or at an annual general meeting, the society or branch shall –send a copy of the notice of nomination to each person or firm nominated, to each auditor of the society or branch, and to each person entitled to receive notice of general meetings of the society or branch.(a) not less than 7 days before the meeting; or(b) at the time notice of the meeting is given –
10C. Qualifications of auditors
[Section 10C Inserted by No. 47 of 1984, s. 8 ](1) [Section 10C Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Subject to this section, a person shall not –(a) consent to be appointed as auditor of a registered society or branch;(b) act as auditor of a registered society or branch; or(c) prepare a report required by this Act to be prepared by a registered company auditor –if –(d) the person is indebted in an amount exceeding $1 000 to the society or branch; or(e) the person is not a registered company auditor.Penalty: Fine not exceeding 2 penalty units.(2) Subject to this section, a firm shall not –(a) consent to be appointed as auditor of a registered society or branch;(b) act as auditor of a registered society or branch; or(c) prepare a report required by this Act to be prepared by a registered company auditor –unless –(d) at least one member of the firm is a registered company auditor who is ordinarily resident in the State; and(e) no member of the firm is indebted in an amount exceeding $1 000 to the society or branch.(3) The appointment of a firm as auditor of a registered society or branch shall be deemed to be an appointment of all persons who are members of the firm and are registered company auditors, whether resident in the State or not, at the date of the appointment.(4) Where a firm that has been appointed as auditor of a registered society or branch is reconstituted by reason of the death, retirement, or withdrawal of a member or members of the firm or by reason of the admission of a new member or new members to the firm, or both –but nothing in this subsection affects the operation of subsection (2) .(a) a person who was deemed under subsection (3) to be appointed as an auditor of the society or branch and who has so retired or withdrawn from the firm as previously constituted shall be deemed to have resigned as auditor of the society or branch as from the day of his retirement or withdrawal but, unless that person was the only member of the firm who was a registered company auditor and, after the retirement or withdrawal of that person, there is no member of the firm who is a registered company auditor, section 10D does not apply to that registration;(b) a person who is a registered company auditor and who is so admitted to the firm shall be deemed to have been appointed as an auditor of the society or branch as from the date of his admission; and(c) the reconstitution of the firm does not affect the appointment of the continuing members of the firm who are registered company auditors as auditors of the society or branch –(5) Except as provided by subsection (4) , the appointment of the members of a firm as auditors of a registered society or branch that is deemed by subsection (3) to have been made by reason of the appointment of the firm as auditor of the registered society or branch is not affected by the dissolution of the firm.(6) A report or notice that purports to be made or given by a firm appointed as auditor of a registered society or branch shall not be taken to be duly made or given unless it is signed in the firm name and in his own name by a member of the firm who is a registered company auditor.(7) [Section 10C Subsection (7) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Where, in contravention of this section, a firm –each member of the firm is guilty of an offence and is liable on summary conviction to a fine not exceeding 2 penalty units.(a) consents to be appointed, or acts as, auditor of a registered society or branch; or(b) prepares a report required by this Act to be prepared by an auditor of a registered society or branch –(8) [Section 10C Subsection (8) amended by No. 67 of 1994, s. 3 and Sched. 1 ]A person shall not –(a) if he has been appointed auditor of a registered society or branch, knowingly disqualify himself while the appointment continues from acting as auditor of the society or branch; or(b) if he is a member of a firm that has been appointed auditor of a registered society or branch, knowingly disqualify the firm while the appointment continues from acting as auditor of the society or branch.Penalty: Fine not exceeding 2 penalty units.
10D. Removal and resignation of auditors
[Section 10D Inserted by No. 47 of 1984, s. 8 ](1) An auditor of a registered society or branch may be removed from office by resolution of the society at a general meeting of which special notice has been given, but not otherwise.(2) Where special notice of a resolution to remove an auditor is received by a registered society or branch, it shall send a copy of the notice to the auditor and lodge a copy of the notice with the Commissioner.(3) Within 7 days after receiving a copy of the notice referred to in subsection (2) , the auditor may make representations in writing, not exceeding a reasonable length, to the society or branch and request that, before the meeting at which the resolution is to be considered, a copy of the representations be sent by the society or branch at its expense to every member of the society or branch to whom notice of the meeting is sent.(4) Unless the Commissioner on the application of a registered society or branch otherwise orders, the society or branch shall send a copy of the representations in accordance with the auditor's request, and the auditor may, without prejudice to his right to be heard orally or, where a firm is the auditor, to have a member of the firm heard orally on its behalf, require that the representations be read out at the meeting.(5) A registered society or branch shall, after the removal from office of an auditor of the society or branch, lodge with the Commissioner a notice in writing of the removal.(6) An auditor of a registered society or branch may, by notice in writing given to the society or branch, resign as auditor of the society or branch if –(a) he has, by notice in writing given to the Commissioner, applied for consent to his resignation and stated the reasons for his application and, at or about the same time as he gave the notice to the Commissioner, notified the society or branch in writing of his application to the Commissioner; and(b) he has received the consent of the Commissioner.
10E. Duties and powers of auditors
[Section 10E Inserted by No. 47 of 1984, s. 8 ](1) An auditor of a registered society or branch shall, within 2 months after the date on which he receives the accounts of a registered society or branch pursuant to section 14 (1) (a) (iii) , report to the members of the society or branch on the accounts and other records of the society or branch.(2) An auditor shall, in a report under this section, state –(a) whether the accounts are in his opinion properly drawn up –(i) so as to give a true and fair view of the matters required to be dealt with in the accounts; and(ii) in accordance with the provisions of this Act;(b) whether the accounting records and other records and the registers required by this Act to be kept by a registered society or branch have been, in his opinion, properly kept in accordance with the provisions of this Act;(c) any defect or irregularity in the accounts and any matter not set out in the accounts without regard to which a true and fair view of the matters dealt with by the accounts would not be obtained; and(d) if he is not satisfied as to any matter referred to in paragraph (a) or (b) , his reasons for not being so satisfied.(3) It is the duty of an auditor of a registered society or branch to form an opinion as to each of the following matters:and he shall state in his report particulars of any deficiency, failure, or shortcoming in respect of any matter referred to in this subsection.(a) whether he has obtained all the information and explanations that he required;(b) whether proper accounting records and other records, including registers, have been kept by the society or branch as required by this Act;(c) whether the returns received from branch offices of the society are adequate –(4) An auditor of a registered society or branch has a right of access at all reasonable times to the accounting records and other records, including registers, of the society or branch, and is entitled to require from any officer of the society or branch such information and explanations as he desires for the purposes of audit.(5) The report of an auditor of a registered society or branch made pursuant to subsection (1) shall be attached to or endorsed on the accounts of the society or branch and shall, if a member of the society or branch so requires, be read before the society or branch in general meeting, and is open to inspection by a member of the society or branch at any reasonable time.(6) An auditor of a registered society or branch, or his agent authorized by him in writing for the purpose, is entitled to attend any general meeting of the society or branch and to receive all notices of, and other communications relating to, any general meeting that a member of the society or branch is entitled to receive, and to be heard at any general meeting that he attends on any part of the business of the meeting that concerns the auditor in his capacity as auditor, and is entitled so to be heard notwithstanding that he retires at that meeting or a resolution to remove him from office is passed at that meeting.(7) If an auditor, in the course of the performance of his duties as auditor of a registered society or branch, is satisfied that –he shall report the matter in writing to the Commissioner.(a) there has been a contravention of, or failure to comply with, any of the provisions of this Act; and(b) the circumstances are such that in his opinion the matter has not been, or will not be, adequately dealt with by comment in his report on the accounts or by bringing the matter to the notice of the officers of the society or branch –(8) The reasonable fees and expenses of an auditor of a registered society or branch are payable by the society or branch.
[Section 10F Inserted by No. 47 of 1984, s. 8 ][Section 10F Amended by No. 43 of 1991, s. 5 and Sched. 1 ]An officer of a registered society or branch who refuses or fails without lawful excuse –is guilty of an offence and is liable on summary conviction to a fine not exceeding 2 penalty units.(a) to allow an auditor of the society or branch access, in accordance with the provisions of this Act, to any accounting records and other records, including registers, of the society or branch in his custody or control;(b) to give any information or explanation as and when required under those provisions; or(c) hinders, obstructs, or delays an auditor in the performance of his duties or the exercise of his powers –
[Section 11 Amended by 25 Geo. V No. 78 ][Section 11 Amended by No. 80 of 1952, s. 7 ][Section 11 Amended by No. 55 of 1965, s. 5 ][Section 11 Amended by No. 9 of 1982, s. 7 and Sched. 10 ][Section 11 Amended by No. 47 of 1984, s. 9 ]With respect to the registry of societies, the following provisions shall have effect:(a) no society or branch can be registered under this Act which does not consist of 10 persons at least;(b) for the purpose of registry, an application to register the society or branch, signed by 10 members and the secretary, and 3 copies of the rules written or printed, or partly written and partly printed, and accompanied by the certificate hereinafter mentioned, together with a list of the names of the secretary, and of every trustee or other officer authorized to sue and be sued on behalf of the society or branch, shall be sent to the Commissioner;(c) the copies of the rules sent to the Commissioner for the purpose of registry shall be accompanied by a certificate signed by the Attorney-General or Solicitor-General, to the effect that the said rules are in conformity with law and with the provisions of this Act; and the Attorney-General, or, in his absence or the vacancy of the office, the Solicitor-General, is hereby required, upon receipt of such 3 copies as aforesaid of the said rules, signed by 3 members and the secretary, to examine without unnecessary delay the said rules, and see that the same are framed in conformity with law, and that no rule or part thereof is repugnant to another, and that the same are reasonable and proper, and, upon being satisfied that such rules are as aforesaid, to give a certificate in the Form 1 Schedule 1 ;(d) for every such certificate of the rules of any friendly society a fee of $4·20 shall be paid to the Attorney-General or Solicitor-General, and for every certificate of amendment, repeal, or alteration of the rules of any society or branch a fee of $2·10 shall be paid to the Attorney-General or Solicitor-General;(e) no society or branch shall be registered under a name identical with that under which any existing society or branch is registered, or so nearly resembling such name as to be likely or in any name likely in the opinion of the Commissioner to deceive the members or the public as to its identity, and no society or branch shall change its name without the sanction of the Commissioner as after provided;(f) a society or branch shall not be disentitled to registry by reason of any rule for or practice of dividing any part of the funds thereof, if the rules thereof contain distinct provision for meeting all claims upon the society existing at the time of division before any such division takes place;(g) no society or branch shall be entitled to registry unless the tables of contributions certified by an actuary be sent to the Commissioner with the application for registry;(h) the Commissioner, on being satisfied that a society or branch has complied with the provisions as to registry in force under this Act, shall issue to such society or branch an acknowledgment of registry;(i) if the Commissioner refuse to register the society or branch, or any rules, the society or branch may appeal from such refusal to the Supreme Court or a judge, and the judges may make rules or orders as to the form of appeals and the trying thereof, and otherwise relating thereto;(j) if the refusal of registry be overruled on appeal, an acknowledgment of registry shall thereupon be given to the society or branch by the Commissioner;(k) the acknowledgment of registry shall be conclusive evidence that the society or branch therein mentioned is duly registered, unless it be proved that the registry of the society or branch has been suspended or cancelled;(l) the provisions of this section shall apply to the registration of any branch of any society in any case in which application is made to register such branch separately.
12. Cancelling and suspension of registry
[Section 12 Amended by 25 Geo. V No. 78 ][Section 12 Amended by No. 9 of 1982, s. 7 and Sched. 10 ]With respect to the cancelling or suspension of registry the following provisions shall have effect:(a) the Commissioner may cancel the registry of a society or any branch by writing under his hand –(i) if he thinks fit, at the request of a society or branch, to be evidenced in such manner as he may direct, or on proof to his satisfaction that the society or branch has less than 10 members;(ii) with the approval of the Minister, on proof to his satisfaction that an acknowledgment of registry has been obtained by fraud or mistake, or that a society or branch exists for an illegal purpose, or has wilfully and after notice from the Commissioner violated any of the provisions of this Act, or has ceased to exist;(b) the Commissioner, in any case in which he might, with the approval of the Minister, cancel the registry of a society or branch, may suspend the same by writing under his hand for any term not exceeding 3 months, and may, with the approval of the Minister, renew such suspension for the like period;(c) except in cases where the society or branch has ceased to exist, or, where the cancellation or suspension is at the request of the society or branch, not less than 2 months' previous notice in writing, specifying briefly the ground of any proposed cancelling or suspension of registry, shall be given by the Commissioner to a society or branch before the registry of the same can be cancelled or suspended; and notice of every cancelling or suspension shall be published in the Gazette and in a newspaper as soon as practicable after the same takes place;(d) a society or branch may appeal from the cancelling of its registry, or from any suspension of the same, which is renewed after 6 months, in manner herein provided for appeals from the Commissioner's refusal to register;(e) a society or branch whose registry has been suspended or cancelled shall from the time of such suspension or cancelling (but if suspended only while under such suspension, and subject also to the right of appeal hereby given), absolutely cease to enjoy as such the privileges of a registered society or branch, but without prejudice to any liability actually incurred by such society or branch, which may be enforced against the same as if such suspension or cancelling had not taken place;(f) such suspension shall not relieve any trustee or other officer of the society or branch so suspended from liability to account for any funds belonging to such suspended society or branch, and in the control or custody of such trustee or other officer, and shall not remove any protection afforded by this Act to any funds or investments of such society or branch.
[Section 13 Amended by 14 Geo. V No. 69, s. 3 and Sched. 2 ][Section 13 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 13 Subsection (1) amended by No. 9 of 1982, s. 7 and Sched. 10 ][Section 13 Subsection (1) amended by No. 47 of 1984, s. 10 ](1) [Section 13 Subsection (1) amended by No. 80 of 1952, s. 8 ]With respect to the rules of societies or branches, the following provisions shall have effect:(a) the rules of every society or branch sent for registry shall contain provisions in respect of the several matters mentioned in the Form 2 in Schedule 1 ;(b) no rule or amendment of a rule of a society or branch shall be disentitled to registry by reason of its expressing or implying any subordination to the central body of the same order outside Tasmania, or by reason of its containing any reference to or incorporating with such rules any one or more of the general rules of the said order: Provided that such general laws shall be or have been forwarded to the Commissioner by such society or branch; but nothing herein contained shall have the effect of giving force to any general law that is contrary to the express provisions of this Act. If such rules and the general laws incorporated therewith provide for the matters provided in the Form 2 in Schedule 1 , the society or branch shall be deemed to have sufficiently complied with this subsection;(c) no amendment of a rule made by a registered society or branch shall be valid until the same has been registered under this Act, for which purpose 3 copies of the same, signed by 3 members and the secretary, shall be sent to the Commissioner, accompanied by a certificate signed by the Attorney-General or Solicitor-General that such amendment is in conformity with law and the provisions of this Act, and the Attorney-General, or, in his absence or vacancy of the office, the Solicitor-General, is, subject to paragraph (d) , hereby required, upon the receipt of such 3 copies as aforesaid of such amendment signed as aforesaid, to examine the same without unnecessary delay, and see that the same is in conformity with law and not repugnant to any of the rules of such society or branch, and upon being satisfied thereof to give such certificate as aforesaid;(d) the Attorney-General or the Solicitor-General, as the case may be, shall not give the certificate referred to in paragraph (c) in respect of any amendment of a rule that relates to the contributions to be paid by members or the benefits to be provided in respect thereof, or that might, in any way, affect the sufficiency of the contributions to provide those benefits, unless an actuary has certified that –(i) the contributions, as amended, are sufficient to provide the benefits; or(ii) the amendment will improve, or will not in any way prejudice, the financial position of the society or branch;(e) the provisions herein contained as to appeals from a refusal of registry shall apply to amendments of rules;(f) the Commissioner shall, on being satisfied that any amendment of a rule is not contrary to the provisions of this Act, issue to the society or branch an acknowledgment of registry of the same, which shall be conclusive evidence that the same is duly registered;(g) a copy of the rules of a registered society or branch shall be delivered by the society or branch, as the case may be, to every person on demand on payment of a sum not exceeding 35 cents.(h) . . . . . . . .(2) [Section 13 Subsection (2) added by No. 39 of 1966, s. 2 ] Paragraph (d) of subsection (1) does not apply to an amendment of a rule of a society or branch, being a society or branch registered or approved as is referred to in section 5B , if that amendment is approved under or for the purposes of such a law as is referred to in that section.
14. Duties and obligations of societies
[Section 14 Subsection (1) amended by No. 80 of 1952, s. 9 ][Section 14 Subsection (1) amended by No. 9 of 1982, s. 7 and Sched. 10 ][Section 14 Subsection (1) amended by No. 47 of 1984, s. 11 ][Section 14 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 14 Subsection (1) amended by No. 46 of 1991, s. 4 and Sched. 2 ][Section 14 Amended by No. 47 of 1984, s. 11 ](1) [Section 14 Subsection (1) amended by 25 Geo. V No. 78 ]With respect to the duties and obligations of registered societies, the following provisions shall have effect:(a) every registered society or branch shall –(i) have a registered office to which all communications and notices may be addressed, and send to the Commissioner notice of the situation of such office and of every change therein; and specially summoned meetings may be held in such office or other convenient place;(ii) at some meeting of the society or branch convened in such manner as may be provided by the rules and by a resolution of a majority of the members present and entitled to vote thereat, appoint not less than 3 nor more than 5 trustees of the society or branch; and every trustee may in like manner remove, and as vacancies occur by the death, resignation, or removal of any trustee or trustees, in like manner appoint, so many new trustees as may be necessary to fill up the number of trustees of the society or branch to not less than 3, and send to the Commissioner a copy of every resolution appointing or removing a trustee signed, in case of a resolution appointing a trustee, by the trustee so appointed and by the secretary of the society or branch, and in case of a resolution removing a trustee, by the secretary of the society or branch;(iii) as soon as practicable after 31st December in each year, submit its accounts and securities for audit to an auditor appointed under section 10A ;(iv) once in every year before the first day of February send to the Commissioner a general statement (to be called return A) of the receipts and expenditure, funds and effects of the society or branch as audited, which shall show separately the expenditure in respect of the several objects of the society or branch, and shall be made out up to the last day of balancing the books prior to the 31st day of December then last, and a copy of the auditor's report, if any, shall also be sent to the Commissioner with such general statement; and such return shall state whether the audit has been conducted by a public auditor appointed as in this Act provided, and by whom, and if by any person or persons other than a public auditor, shall state the name, address, and calling or profession of each of such persons, and the manner in which and the authority under which they were respectively appointed; and also a return (to be called return B) containing a list of the members of the society or branch, together with the age of each, and the periods of sickness, deaths, and other contingencies in respect of which benefits are given by the society or branch, experienced by the society or branch during the year ending 31st December then last, specifying the members in respect of whom such sickness, deaths, or contingencies have been experienced, and such other information as the Commissioner, with the approval of the Governor, may prescribe;(v) once at least in the 5 years next after the commencement of this Act or the registry of the society or branch, and so again within 6 months after the expiration of every 5 years succeeding the date of the first valuation under this Act, either cause its assets and liabilities to be valued by an actuary to be appointed by the society or branch, and send to the Commissioner a report signed by the actuary, and which shall also state his address and calling or profession, on the condition of the society or branch, and an abstract to be made by him of the results of his valuation, together with a return containing such information with respect to the benefits assured and contributions receivable by the society or branch, and of its funds and effects, debts, and credits as the Commissioner may require; or send to the Commissioner a return of the benefits assured and contributions receivable from all the members of the society or branch, and of all its funds and effects, debts and credits, accompanied by such evidence in support thereof as the Commissioner may prescribe; in which case the Commissioner shall cause the assets and liabilities of the society or branch to be valued and reported on by an actuary and shall send to the society a copy of the report and an abstract of the results of the valuation;(vi) allow any member or person having an interest in the funds of the society or branch to inspect the books at all reasonable hours at the registered office of the society or branch, or at any place where the same are kept;(vii) keep a copy of the last annual balance-sheet for the time being, and of the last quinquennial valuation for the time being, together with the report of the auditors, if any, always hung up in a conspicuous place at the registered office of the society or branch;(b) no society or branch shall pay any sum of money upon the death of a member or other person whose death is or ought to be entered in any register of deaths except upon the production of a certificate of such death under the hand of the Registrar of Births and Deaths, Deputy Registrar of Births and Deaths, or other person having the care of the register of deaths in which such death is or ought to be entered, or a certificate of such death under the hand of a duly qualified medical practitioner, or other satisfactory proof of such death;(c) in all societies and branches all moneys received or paid on account of each and every particular fund or benefit shall, except as provided by paragraph (d) , be kept separate and distinct, and shall be entered in a separate account distinct from the moneys received and paid on account of any other fund or benefit; and the moneys belonging to one fund or benefit shall not be used in any manner for the advantage or otherwise of any other fund or benefit;(d) notwithstanding anything in paragraph (c) , if a valuation of the assets and liabilities of a society or branch that is made by an actuary discloses a surplus of assets over liabilities in respect of any fund or benefit, the Commissioner may, with the approval of the actuary, authorize the society or branch to apply the whole or any part of that surplus in such manner as the society or branch may think fit for the purposes of the same or some other fund or benefit, and the society or branch may thereupon, subject to the rules of the society or branch, apply that surplus accordingly;(e) any society or branch which –is guilty of an offence and is liable on summary conviction to a fine not exceeding 2 penalty units;(i) fails to give any notice, send any return or document, or do or allow to be done any act or thing which the society or branch, as the case may be, is by this Act required to give, send, do, or allow to be done;(ii) wilfully neglects or refuses to do any act or to furnish any information required for the purposes of this Act by the Commissioner or other person authorized under this Act, or does any act or thing forbidden by this Act; or(iii) makes a return or wilfully furnishes information in any respect false or insufficient –(f) . . . . . . . .(g) every annual, quinquennial, or other return, abstract of valuation, or other document required for the purposes of this Act, if the same be required to be made to the Commissioner, shall be made in such form and contain such particulars as the Commissioner, with the approval of the Governor, may prescribe; otherwise the same shall be made in such form and shall contain such particulars as the Commissioner may prescribe;(h) all documents by this section required to be sent to the Commissioner shall be deposited with the rules of the societies or branches to which the same respectively relate, and shall be registered or recorded by the Commissioner, with such observations thereon, if any, as to the Commissioner shall seem fit: Provided that the Commissioner, with the approval of the Minister, may dispense with return B and with the valuation herein required in respect of societies to whose purposes or to the nature of whose operations he may deem the same inapplicable; and may also dispense with return B in cases where at the request of a society or branch he may, by inspection of the books thereof through any person whom he may appoint, obtain such information as he deems sufficient of the sickness, mortality, and other contingencies experienced by the society.(2) [Section 14 Subsection (2) added by No. 80 of 1952, s. 9 ]Where it appears to the Commissioner, from a report made by an actuary, that the assets of a society or branch are insufficient to meet the liabilities of the society or branch, the Commissioner shall, by notice in writing delivered or forwarded by post to the secretary or the chairman of the committee of management of the society or branch, notify the secretary or chairman accordingly.(3) [Section 14 Subsection (3) added by No. 80 of 1952, s. 9 ]A notice under subsection (2) shall specify –(a) the apparent cause, and the nature and extent, of the insufficiency; and(b) the nature and extent of the changes in the contributions or benefits, or both, and the nature of the changes, if any, in the manner of conducting the business of the society or branch, that, in the opinion of the Commissioner, are necessary in order to enable the society or branch to discharge its liabilities.(4) [Section 14 Subsection (4) added by No. 80 of 1952, s. 9 ]It shall be the duty of a society or branch to which a notice under subsection (2) relates, within 6 months after the date of the notice or such further time, if any, as the Commissioner may allow in that behalf, to do or cause to be done, to the satisfaction of the Commissioner, all such acts and things as may be necessary to ensure compliance with the requirements of the notice, in default whereof the Commissioner shall cause to be published, on at least 2 occasions, in a daily newspaper published or circulating in the district in which the society or branch carries on business or has its principal office, a notice specifying –and containing such comments as the Commissioner may think desirable.(a) the name of the society or branch; and(b) the nature and extent of the insufficiency in the assets of the society or branch –(5) [Section 14 Subsection (5) added by No. 80 of 1952, s. 9 ]Any expenses that are incurred by the Commissioner in connection with the publication of a notice under subsection (4) shall be paid to the Commissioner, on demand, by the society or branch, or in default of payment may be recovered by the Commissioner from the society or branch by action in any court of competent jurisdiction.
[Section 15 Amended by 25 Geo. V No. 78 ][Section 15 Amended by No. 55 of 1965, s. 5 ][Section 15 Amended by No. 21 of 1973, s. 5 and Sched. 1 ][Section 15 Amended by No. 47 of 1984, s. 12 ][Section 15 Amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. II ]Registered societies or branches shall be entitled to the following privileges:(a) no society or branch, or meeting of a society or branch, shall be affected by any of the provisions of an Act of the Imperial Parliament passed in the 39th year of the reign of His Majesty King George the Third, chapter 79, or by any of the provisions of another Act of the said Parliament passed in the 57th Year of His Majesty King George the Third, chapter 19, if in such society or branch or at such meeting no business is transacted other than that which directly and immediately relates to the objects of the society or branch, as declared in the registered rules thereof; but such society or branch, and all officers of the same, shall, on request in writing by 3 justices, give full information to such justices of the nature, objects, proceedings, and practices of the society or branch, in default whereof the provisions of the Acts in this section referred to shall so far as applicable be in force in respect of such society or branch;(b) if any member of a society or branch dies entitled from the funds thereof to any sum, such society or branch may, unless forbidden by the rules, cause such member to be buried, and defray the reasonable expenses of his funeral out of the sum to which he is so entitled;(c) a member of a society or branch not being under the age of 16 years may, by writing under his hand delivered at or sent to the registered office of the society or branch, as the case may be, nominate any person not being an officer or servant of the society or branch, unless such officer or servant is the husband, wife, child, or of the kindred of the nominator to whom any moneys payable by the society or branch on the death of such member not exceeding, after payment thereout of any funeral expenses payable hereunder, $200, shall be paid at his death; and may revoke or vary such nomination by a writing under his hand similarly delivered or sent; and on receiving satisfactory proof of the death of a nominator, the society or branch shall pay to the nominee the amount due to the deceased member after deducting any funeral expenses payable thereout not exceeding the sum aforesaid: Provided that, on the marriage of any member, all nominations made by him shall be null and void;(d) if any member of a society or branch entitled from the funds thereof to a sum not exceeding, after payment thereout of any funeral expenses payable hereunder, $200, dies intestate and without having made any nomination under this Act which remains unrevoked at his death, such sum shall be payable without letters of administration to the person who appears to a majority of the trustees, upon such evidence as they may deem satisfactory, to be entitled to receive the same;(e) whenever the society or branch, after the death of any member, pays any sum of money to any person who at the time appears to a majority of the trustees entitled under this section, the payment shall be valid and effectual against any demand made upon the trustees or the society or branch by any other person;(f) no moneys payable on the death of a member of any society shall be attached, seized, or taken in execution under the process of any court, nor shall such moneys pass to or become vested in the trustee of his estate under any bankruptcy or liquidation by arrangement, nor become assets for the payment of his debts;(g) if any member of a society or branch become of unsound mind and incapable of managing his affairs, and no committee of his estate has been appointed under Part VI of the Mental Health Act 1963 , any moneys to which such member may be or become entitled out of the funds of the society or branch may be paid or applied for the benefit of such member or his wife or family in any manner the trustees of such society or branch or the majority of them may think fit, and such payment or application shall be valid and effectual against all persons whatever;(h) upon the death or bankruptcy (which term includes liquidation by arrangement or composition with creditors under the law relating to bankruptcy) of any officer of a society or branch having in his possession by virtue of his office any money or property belonging to the society or branch, or if any execution, attachment, or other process be issued against such officer or against his property, his executors or administrators, or trustee in bankruptcy or liquidation by arrangement, or the sheriff or other person executing such process shall upon demand in writing, as the case may be, of the trustees of the society or branch or any 2 of them, or any person authorized by the society or branch, or by the committee of management of the same to make such demand, pay such money, and deliver over such property to the trustees of the society or branch in preference to any other debts or claims against the estate of such officer;(i) a person under the age of 18 years may become a member of a society or branch, unless provision be made in the rules thereof to the contrary, and may, subject to the rules thereof, enjoy all the rights of a member, except as herein provided, and execute all instruments and give all acquittances necessary to be executed or given under the rules, but shall not be a member of the committee of management, trustee, manager, or treasurer: Provided as follows:(i) societies and branches consisting wholly of members of any age under 18 years but exceeding 3 years may be allowed to register under this Act, subject to such regulations as may be made in that behalf;(ii) no rule or practice in force at the commencement of this Act for the admission of members under 18 years of age shall be deemed contrary to any express provision of this Act as respects any society or branch already registered;(j) for the purposes of this Act a certificate of the birth or death of any person shall be given under his hand by the Registrar of Births and Deaths, or Deputy Registrar of Births and Deaths, or other person having the care of the register of births or deaths in which such birth or death is entered, for a sum not exceeding 10 cents in place of all fees or payments in respect of the same, on application being made for the same in such form and under such regulations as shall be approved by the Governor;(k) a society or branch may subscribe out of its funds to any hospital, infirmary, charitable or provident institution any annual or other sum which may be necessary to secure to members of the society or branch and their families the benefits of such hospital, infirmary, or other institution, according to its rules.
16. Property and funds of societies
[Section 16 Amended by 25 Geo. V No. 78 ][Section 16 Amended by No. 19 of 1980, s. 171 and Sched. 1, Pt. II ][Section 16 Amended by No. 55 of 1965, s. 5 ][Section 16 Amended by No. 9 of 1982, s. 7 and Sched. 10 ][Section 16 Amended by No. 47 of 1984, s. 13 ][Section 16 Amended by No. 27 of 1988, s. 8 ][Section 16 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]With respect to the property and funds of registered societies or branches, the following provisions shall have effect:(a) the trustees, with the consent of the committee of management, or a majority of the members of a society or branch, as the case may be, present and entitled to vote in general meeting, may invest the funds of such society or branch, or any part thereof, to any amount in any of the following ways:(i) in any investment authorized by law for investment of trust moneys;(ii) on mortgage of freehold or leasehold property (such leasehold being for a term of years absolute, of which not less than 20 years is unexpired);(iii) on debentures or other securities of the Hobart City Council or the Launceston City Council or any loans raised under the Local Government Act 1993 the interest of which is guaranteed by Government;(iv) in any registered building society;(b) a society, or any branch of a society, may, for the purpose of holding the meetings, and transacting the business of such society or branch, hold, purchase, or take on lease in the names of the trustees for the time being of such society or branch any land, and may sell, exchange, mortgage, lease, or build upon the same, with power to alter and pull down buildings and again rebuild; and no purchaser, assignee, mortgagee, or tenant shall be bound to inquire as to the authority for any sale, exchange, mortgage, or lease by the trustees, and the receipt of the trustees shall be a discharge for all moneys arising from or in connection with such sale, exchange, mortgage, or lease; and for the purpose of this paragraph no branch of a registered society need be separately registered;(c) all property belonging to a society or branch, whether acquired before or after the same is registered, shall vest in the trustees for the time being of the society or branch for the use and benefit of the society or branch and the members thereof, and of all persons claiming through the members, according to the rules of the society or branch; and the property of any branch of a society shall vest in the trustees of such branch or in the trustees of the society or branch, if the rules of the society or branch so provide, for the use and benefit, either of the members of such branch and persons claiming through such members, or of the members of the society or branch generally and persons claiming through them, according to the rules of the society or branch;(d) upon the death, resignation, or removal of a trustee, whether of a society or branch, the property vested in such trustee shall vest in the succeeding trustee of such society or branch, either solely or together with any surviving or continuing trustees, and until the appointment of succeeding trustees in such surviving or continuing trustees only, or in the executors or administrators of the last surviving or continuing trustee, subject to the same trusts without conveyance, assignment, or transfer; and in case any such property be under the Land Titles Act 1980 , the trustees or trustee in whom the same is vested under the provisions of this Act shall be deemed the proprietors or proprietor thereof within the meaning of the Land Titles Act 1980 , as if the names or name of such trustees or trustee appeared or were entered as such proprietors or proprietor in the Register kept under that Act;(e) where by the rules of any society the society generally or the central body is answerable for all or any of the benefits agreed to be given by any branch to the members of such branch, in every such case the trustees in whom the property of such branch is vested shall stand possessed thereof after payment thereout of the benefits to which the members of such branch are entitled according to the rules of the society upon trust for the society generally or central body; and in case the property of such branch is vested in trustees distinct from the trustees of the society, the trustees of such branch shall, if such branch breaks up, or becomes unable to meet its liabilities, or severs its connection with the society, pay and make over all the property of such branch in their hands or vested in them to the trustees of the society, and shall do and execute all acts, assurances, matters, and things necessary for that purpose; and in every case where the trustees of any branch pay or make over to the trustees of the society any property bona fide as under the provisions of this subdivision of this section, the receipt of the trustees of the society shall be a full discharge to them therefor notwithstanding that the branch may not in fact have broken up, be unable to meet its liabilities, or have severed its connection with the society; and every person interested in the property of such branch shall have the same remedies against the trustees of the society that he would otherwise have had against the trustees of such branch;(f) in all legal proceedings whatever concerning any such property, the same shall be stated to be the property of the trustees for the time being in their proper names, as trustees for the society or branch, as the case may be, without further description;(g) . . . . . . . .(h) if any person obtains possession by false representation or imposition of any property of a society or branch, or having the same in his possession, withholds or misapplies the same, or wilfully applies any part thereof to purposes other than those expressed or directed in the rules of the society or branch and authorized by this Act, he shall, on the complaint of the society or branch, or of any member authorized thereby, or the trustees or committee of management of the same, or of the Commissioner, or any person authorized by the Commissioner, be liable to a penalty of $40 and costs, and to be ordered to deliver up all such property and to repay all moneys improperly applied and in default of such delivery or repayment, or of the payment of such penalty and costs aforesaid to be imprisoned for 3 months; but nothing herein contained shall prevent any such person from being prosecuted upon indictment, if not previously convicted of the same offence under the provisions of this Act;(i) if any trustee of a society or branch lends any money the property thereof to any of his co-trustees, or borrows any such money himself, or otherwise applies any such money in breach of trust, in addition to any other remedy in respect thereof, any member of the society may apply to a judge in chambers, and such judge may order any trustee so lending or borrowing such money, or privy to such breach of trust, or any 2 or more of such trustees jointly and severally forthwith to pay the same either to the trustees of such society or branch, or into court; and in case any such money be paid into court may, on the application of the society or branch, as the case may be, or the committee of management thereof, by any subsequent order, order the same to be paid out of court to the trustees of such society or branch; and such judge may order all or any such defaulting trustees to pay the costs of and attending every application under this subdivision of this section, including the costs of the payment of any money into and out of court;(j) trustees of a society or branch shall not be liable to make good any deficiency in the funds of such society or branch, but shall be liable only for moneys, deeds, and documents and other property actually received by them respectively on account of such society or branch;(k) every person elected or appointed to be secretary, treasurer, or other officer of a society or a registered branch registered under this Act, or registered or established under any Act repealed hereby, or who shall act in the capacity of or be employed as such secretary, treasurer, or officer, is, for the purposes of criminal liability, to be deemed to be the servant of the trustees of such society or such registered branch, as the case may be.
17. Officers in receipt or charge of money
[Section 17 Amended by 25 Geo. V No. 78 ]With respect to officers of registered societies or branches having the receipt or charge of money, the following provisions shall have effect:(a) every officer shall before taking upon himself the execution of his office become bound with one sufficient surety at the least in a bond, which may be in the Form 4 in Schedule 1 , or the security of a guarantee society in such sum as the society or branch may direct, conditioned for his rendering a just and true account of all moneys received and paid by him on account of the society or branch at such times as its rules appoint, or as the society or branch or the trustees or committee of management thereof require him to do, and for the payment by him of all sums due from him to the society or branch;(b) every officer, his executors or administrators, shall at such times as by the rules of the society or branch he should render account, or upon demand made, or upon notice in writing given or left at his last or usual place of residence, give in his account as may be required by the society or branch or by the trustees or committee of management thereof, to be examined and allowed or disallowed by them, and shall on the like demand or notice pay over all moneys and deliver all property for the time being in his hands or custody to such person as the society or branch, or the committee of management, or the trustees appoint; and in case of any neglect or refusal to deliver such account, or to pay over such moneys, or to deliver such property in manner aforesaid, the trustees or authorized officers of the society or branch may sue upon the bond or security before mentioned, or may apply to a judge in chambers, or to any 2 justices; and the order of such judge or justices shall be final and conclusive.
[Section 18 Amended by 25 Geo. V No. 78 ]With respect to legal proceedings by or against registered societies or branches, the following provisions shall have effect:(a) the trustees of any society or branch, or any other officers authorized by the rules thereof, may bring or defend or cause to be brought or defended any action, or other legal proceeding in any court whatsoever touching or concerning any property, right, or claim of the society or branch, as the case may be; and shall sue and be sued, implead and be impleaded in their proper names without other description than the title of their office;(b) in legal proceedings which may be brought under this Act by a member or person claiming through a member, the society or branch may also be sued in the name, as defendant, of any officer or person who receives contributions on its behalf within the jurisdiction of the court in which the legal proceeding is brought, with the addition of the words "on behalf of the society" or "branch" (naming the same);(c) no legal proceeding shall abate or be discontinued by the death, resignation, or removal from office of any officer, or by any act of such officer after the commencement of the proceedings;(d) the summons, writ, process, or other proceeding to be issued to or against the officer or other person sued on behalf of a society or branch shall be sufficiently served by personally serving such officer or other person, or by leaving a true copy thereof at the registered office or place of business of the society or branch, as the case may be, or if such office or place of business be closed, by posting such copy on the outer door of the same; but in all cases where the said summons, writ, process, or other proceeding shall not be served by means of such personal service or by leaving a true copy thereof at the registered office of the society or place of business of the branch, a copy thereof shall be transmitted, addressed to the committee of management at the registered office of the society or place of business of the branch, as the case may be; and the same shall be enclosed in a registered letter posted at least 6 days before any further step shall be taken on such summons, writ, process, or other proceeding;(e) no trustee, officer, or member of a registered society or branch shall as such be under any personal liability to any creditor of the society or branch beyond the property of the society or branch, if any, in his hands.
19. Decision of disputes in manner provided by rules
[Section 19 Amended by 25 Geo. V No. 78 ]Every dispute between a member or person claiming through a member, or under the rules of a registered society or branch, and the society or branch or an officer thereof, or between any registered branch, or an officer thereof, of any registered society or registered branch, and the registered society or branch of which the other party to the dispute is a registered branch or an officer thereof, or between any 2 or more registered branches of any registered society or branch, or any officers thereof, respectively, shall be decided in manner directed by the rules of the society or branch, and the decision so made shall be binding and conclusive on all parties without appeal, and shall not be removable into any court of law, or restrainable by injunction; and application for the enforcement thereof may be made to the Supreme Court or a judge.
20. Special powers of Commissioner on application of members
[Section 20 Amended by 25 Geo. V No. 78 ][Section 20 Amended by No. 9 of 1982, s. 7 and Sched. 10 ]Upon the application of one-fifth of the whole number of members of a registered society or branch, or of 100 members in case of a society or branch of 1 000 members and not exceeding 10 000, or of 500 members in the case of a society or branch of more than 10 000 members, the Commissioner, with the consent of the Minister in every case, may –(a) appoint one or more inspectors to examine into the affairs of such society or branch and to report thereon, who may require the production of all or any of the books and documents of the society or branch, and may examine on oath its officers, members, agents, and servants in relation to its business, and may administer such oath accordingly; and(b) call a special meeting of the society or branch in such manner and in such time and place as the Commissioner may direct, and may direct what matters shall be discussed and determined at such meeting, which shall have all the powers of a meeting called according to the rules of the society or branch; and shall in all cases have power to appoint its own chairman, any rule of the society or branch to the contrary notwithstanding: Provided that –(i) the application herein mentioned shall be supported by such evidence for the purpose of showing that the applicants have good reason for requiring such inspection to be made or meeting to be called, and that they are not actuated by malicious motives in their application, and such notice thereof shall be given to the society or branch as the Commissioner shall direct;(ii) the Commissioner may if he think fit require the applicants to give security for the cost of the proposed inspection or meeting before appointing any inspector or calling such meeting;(iii) all expenses of and incidental to any such inspection or meeting shall be defrayed either by the members applying for the same, or out of the funds of the society or branch, as the Commissioner shall direct;(iv) this section shall not apply to the branches of a registered society without the consent of the central body of such society.
21. Proceedings on special resolutions
[Section 21 Amended by 25 Geo. V No. 78 ][Section 21 Amended by No. 9 of 1982, s. 7 and Sched. 10 ]With respect to special resolutions by registered societies, and to proceedings that may be taken by virtue thereof, the following provisions shall have effect:(a) a special resolution is one which is passed by a majority of not less than three-fourths of such members of a society for the time being entitled under the rules to vote as may be present in person or by proxy (where the rules allow proxies) at any general meeting of which notice specifying the intention to propose such resolution has been duly given according to the rules, and which resolution is confirmed by a majority of such members for the time being entitled under the rules to vote as may be present in person or by proxy at a subsequent general meeting, of which notice has been duly given, held not less than 14 days nor more than one month from the day of the meeting at which such resolution was first passed. At any meeting mentioned in this section a declaration by the chairman that the resolution has been carried shall be deemed conclusive evidence of the fact;(b) a society may by special resolution, with the approval in writing of the Commissioner, change its name, but no such change shall affect any right or obligation of the society or of any member thereof; and any pending legal proceedings may be continued by or against the trustees of the society or any other officer, who may sue or be sued on behalf of the society notwithstanding its new name;(c) any 2 or more societies may, by special resolution of both or all such societies, become amalgamated together as one society, with or without any dissolution or division of the funds of such societies or either of them; and any society may by special resolution transfer its engagements to any other registered society which may undertake to fulfil the engagements of such society;(d) a society may by special resolution determine to convert itself into a company under any Act for the time being in force relating to the incorporation of companies, or to amalgamate with or transfer its engagements to any such company;(e) no amalgamation or transfer of engagements shall prejudice any right of a creditor of either or any society party thereto;(f) a copy of every special resolution for any of the purposes mentioned in this section, signed by the chairman of the meeting and countersigned by the secretary, shall be sent to the Commissioner and registered by him, and until such copy is so registered such special resolution shall not take effect;(g) if a special resolution for converting a society into a company contain the particulars by any Act for the time being in force relating to the incorporation of companies required to be contained in the memorandum of association of a company, and a copy thereof has been registered as aforesaid, a copy thereof under the hand of the Commissioner shall have the same effect as a memorandum of association duly signed and attested under such Act;(h) if a society be registered as, or amalgamated with, or transfers all its engagements to a company, the registry of such society under this Act shall thereupon become void, and the same shall be cancelled by the Commissioner, but the registration of a society as a company shall not affect any right or claim for the time being subsisting against such society, or any penalty for the time being incurred by such society; and for the purpose of enforcing any such right, claim, or penalty, the society may be sued and proceeded against in the same manner as if it had not been registered as a company; and every such right or claim or the liability to such penalty shall have priority as against the property of such company over all other rights or claims against or liabilities of such company: Provided as follows:(i) no special resolution by any society for any amalgamation or transfer of engagements under this section shall be valid unless five-sixths in value (to be calculated as for dissolution) of the members assent thereto, either at the meetings at which such resolution is passed and confirmed or one of them, or in writing, if such members were not present thereat, nor without the written consent of every person for the time being receiving or entitled to any relief or other benefit from the funds of the society unless the claim of such person be first duly satisfied, or adequate provision be made for satisfying such claim;(ii) the provisions hereinafter contained in case of dissolution as to the punishment of officers, and the remedy of members and persons dissatisfied with the provision made for satisfying their claims, shall apply to the case of amalgamation and transfer of engagements;(iii) upon application of the trustees or committee of management of a society desiring to amalgamate or transfer its engagements, notice of such application being published in the Gazette, the Commissioner, after hearing such trustees or committee of management and any other persons whom he may consider entitled to be heard upon the application, may, with the consent of the Minister, order that any of the consents and conditions prescribed in this Act or in any regulations made under this Act be dispensed with, and may confirm the amalgamation or transfer;(iv) the provisions of this section relating to change of name shall apply to all registered branches, and the provisions relating to amalgamation and transfer of engagements shall apply and extend to registered branches of the same society; but no change of name, amalgamation, or transfer of engagements shall take place in such cases unless in accordance with the general rules of the society to which such branches belong, or the consent of the central body of such society is obtained thereto. Except as aforesaid, the provisions of this section shall not apply to branches.
[Section 22 Amended by 25 Geo. V No. 78 ][Section 22 Amended by No. 9 of 1982, s. 7 and Sched. 10 ]With respect to the dissolution of registered societies or branches, the following provisions shall have effect:(a) a society or branch may terminate or be dissolved in any of the following ways:(i) upon the happening of any event declared by the rules to be the termination of the society or branch;(ii) by the consent of five-sixths in value of the members, including honorary members, if any, testified by their signature to the instrument of dissolution, together with the written consent of every person for the time being receiving or entitled to receive any relief or other benefit from the funds of the society or branch, unless the claim of such person be first duly satisfied or adequate provision made for satisfying such claim, and in the case of a branch society, with the consent of the central body of the society, or in accordance with the general rules of the society or branch;(iii) by the award of the Commissioner in the cases herein specified;(b) the instrument of dissolution shall set forth –(i) the liabilities and assets of the society or branch in detail;(ii) the number of members and the nature of their interests in the society or branch respectively;(iii) the claims of creditors, if any, and the provision to be made for their payment; and(iv) the intended appropriation or division of the funds and property of the society or branch, unless the same be stated in the instrument of dissolution to be left to the award of the Commissioner;(c) alterations in the instrument of dissolution may be made with the like consents as hereinbefore provided, certified in the same manner;(d) a statutory declaration shall be made by one of the trustees or by 3 members and the secretary of the society or branch that the provisions of this Act have been complied with, and shall be sent to the Commissioner with the instrument of dissolution;(e) the instrument of dissolution and all alterations therein shall be registered in manner herein provided for the registry of rules, and shall be binding upon all members of the society or branch;(f) the Commissioner shall cause a notice of the dissolution to be advertised at the expense of the society or branch in the manner provided by this Act for advertising an award of the Commissioner for dissolution; and unless within 3 months from the date of the Gazette in which such advertisement appears a member or other person interested in or having any claim on the funds of the society or branch commences proceedings to set aside the dissolution of the society or branch, and such dissolution is set aside accordingly, the society or branch shall be legally dissolved from the date of such advertisement; and the requisite consents to the instrument of dissolution shall be considered to have been duly obtained, without proof of the signatures thereto;(g) the value of members shall be ascertained by giving one vote to every member and an additional vote for every 5 years that he has been a member, but to no one member more than 5 votes in all;(h) no instrument of dissolution shall direct or contain any provision for a division or appropriation of the funds of the society or branch or any part thereof otherwise than for the purpose of carrying into effect the objects of the society or branch as declared in the rules thereof, unless the claim of every member or person claiming any relief or other benefit from the funds thereof be first duly satisfied, or adequate provision be made for satisfying such claim;(i) any officer or person aiding or abetting in the dissolution of a society or branch otherwise that as in this Act provided shall be liable to imprisonment for 3 months;(j) if any member of a dissolved society or branch or person claiming any relief or other benefit from the funds thereof be dissatisfied with the provisions made for satisfying his claim, such member or other person may apply to a judge for relief or other order; and such judge shall have the same powers in the matter as in regard to the settlement of disputes under this Act;(k) with respect to dissolution and the distribution of funds upon the award of the Commissioner –(i) upon the application of one-fifth of the whole number of members of any registered society or branch, or of 100 members in the case of a society or branch of 1 000 members and not exceeding 10 000, or of 500 members in the case of a society or branch of more than 10 000 members, made in writing under their hands, setting forth that the funds of the society or branch are insufficient to meet the existing claims thereon, or that the rates of contribution fixed in the rules of such society or branch are insufficient to cover the benefits assured, and the grounds upon which such insufficiency is alleged, and requesting an investigation into the affairs of such society or branch with a view to the dissolution thereof, the Commissioner may by himself or by any actuary or public auditor whom he may appoint in writing under his hand, investigate the affairs of the society or branch, giving nevertheless not less than 2 months' previous notice in writing to the society or branch whose affairs are to be investigated at the registered office of such society or branch;(ii) if upon such investigation it appears that the funds of the society or branch are insufficient to meet existing claims thereon, or that the rate of contribution fixed in the rules of the society or branch are insufficient to cover the benefits assured to be given by the same, the Commissioner may, if he considers it expedient so to do, award that the society or branch be dissolved and its affairs wound up, and direct in what manner the assets of the society or branch shall be divided or appropriated: Provided always that the Commissioner may suspend his award for such period as he may deem necessary to enable the society or branch to make such alterations and adjustments of contributions and benefits as will in his judgment prevent the necessity of such award of dissolution being made;(iii) the Commissioner proceeding under this section shall have all the same powers and authorities enforceable by the same penalties as in the case of a dispute referred to him under this Act;(iv) every award under this or section 21 , whether for dissolution or distribution of funds, shall be final and conclusive on the society or branch in respect of which the same is made, and on all members of the same, and other persons having any claim on the funds of the society or branch, without appeal, and shall be enforced in the same manner as a decision on a dispute under this Act; and the expenses of every investigation and award and of publishing every notice of dissolution shall be paid out of the funds of the society or branch before any other appropriation thereof is made;(v) notice of every award for dissolution shall within 21 days after the same has been made be advertised by the Commissioner in the Gazette and in a newspaper; and unless within 3 months from the date of the Gazette in which such advertisement appears a member or other person interested in or having any claim on the funds of the society or branch commences proceedings to set aside the dissolution of the society or branch consequent upon such award, and such dissolution is set aside accordingly, the society or branch shall be legally dissolved from the date of such advertisement; and the requisite consents to the application to the Commissioner shall be considered to have been duly obtained without proof of the signatures thereto;(vi) for the purposes of this section, the Commissioner, when any dispute is referred to him, may administer oaths, and may require the attendance of all parties concerned and of witnesses, and the production of all books and documents relating to the matter in question; and any person refusing to attend, or to produce any documents, or to give evidence before such Commissioner, shall be guilty of an offence under this Act;(l) notice shall be sent to the Commissioner of any proceeding to set aside the dissolution of a society or branch not less than 7 days before it is commenced by the person taking such proceeding, and of any order setting a dissolution asideby the society or branch, within 7 days after such order is made;(m) this section shall not apply to a society with branches unless with the consent of the central body of such society.
23. Persons serving in the Defence Force not to lose benefits
No person by reason of his enrolment or service in the Defence Force shall lose or forfeit any interest he possesses at the time of his being so enrolled or serving, in any friendly society or any branch thereof, registered or unregistered, or be fined for absence from or non-attendance at any meeting of the society or branch, such absence or non-attendance being occasioned by the discharge of his military or naval duty, as certified by his commanding officer, any rules of such society or branch to the contrary notwithstanding; and any dispute between any such society or branch and such person by reason of such enrolment or service shall be decided before any 2 justices.[Section 24 Repealed by No. 80 of 1952, s. 11 ][Section 25 Repealed by No. 80 of 1952, s. 11 ]
26. Payments on death of children
[Section 26 Amended by 25 Geo. V No. 78 ][Section 26 Amended by No. 80 of 1952, s. 10 ][Section 26 Amended by No. 55 of 1965, s. 5 ][Section 26 Amended by No. 47 of 1984, s. 14 ][Section 26 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]With respect to payments on the death of children under the age of 10 years, the following provisions shall have effect:(a) . . . . . . . .(b) . . . . . . . .(c) whenever a certificate of the death of a child is applied for for the purpose of obtaining a sum of money from a society or branch, the name of such society or branch and the sum sought to be obtained therefrom shall be stated to the Registrar of Births and Deaths, or Deputy Registrar of Births and Deaths, who shall write on or at the foot of such certificate the words "to be produced to the ____ society" (naming the society or branch, as the case may be) "said to be liable for the payment of the funeral expenses of the abovenamed ____ " (naming the child)"to an amount not exceeding ____ " (stating the sum), and all certificates of the same death shall be numbered in consecutive order; and the sum charged by the Registrar of Births and Deaths, or Deputy Registrar of Births and Deaths, for each certificate shall not exceed 10 cents;(d) the Registrar of Births and Deaths, or Deputy Registrar of Births and Deaths, shall not give any one or more certificates of death for payment in the whole of any sum of money exceeding $10 for the funeral expenses of any child under the age of 10 years; and no such certificate shall be granted unless the cause of death has been previously entered in the register of deaths on the certificate of a coroner or legally qualified medical practitioner who attended such deceased child during its last illness, or except upon the production of a certificate of the probable cause of death under the hand of a medical practitioner or other satisfactory evidence of the same;(e) any society or branch to which is produced a certificate of the death of a child which does not purport to be the first shall, before paying any money thereon, be bound to inquire whether any and what sums of money have been paid on the same death by any other society or branch;(f) any society or branch which pays money on the death of a child otherwise than in accordance with this Act is guilty of an offence and is liable on summary conviction to a fine not exceeding 2 penalty units;(g) any person who, on claiming money on the death of a child produces to the society or branch from which the money is claimed –is guilty of an offence and is liable on summary conviction to a fine not exceeding 2 penalty units;(i) a certificate of the death other than that provided for in this section;(ii) a false certificate of the death; or(iii) a certificate of the death fraudulently obtained –(h) any person who attempts to defeat the provisions of this Act with respect to any payments payable on the death of a child is guilty of an offence and is liable on summary conviction to a fine not exceeding 2 penalty units.
[Section 27 Amended by 25 Geo. V No. 78 ][Section 27 Amended by No. 9 of 1982, s. 7 and Sched. 10 ]The provisions of this section shall apply only to societies having branches:(a) the application for registry shall be accompanied with –(i) a list of every branch and of the place wherein the same is established;(ii) if any branch is to have trustees or officers authorized to sue and be sued on its behalf other than the trustees or officers authorized to sue and be sued on behalf of the society, a list of the names of all such trustees or officers, distinguishing the branches for which they are authorized to sue and be sued;(iii) if the rules of all the branches (herein called branch rules) are or are intended to be identical, a statement to that effect and copies of such rules; and(iv) if the branch rules are not or are not intended to be identical, a statement to that effect and copies of all branch rules;(b) a society having a fund under the control of a central body to which every branch is bound to contribute may be registered as a single society;(c) notice of the establishment of every new branch by a registered society and of the place where the same is established, and if such branch is to have trustees or officers authorized to sue and be sued on behalf of the society a list of the names of such trustees or officers, and a statement whether or not the rules of such branch are identical with those of the other branches of the society; and if not so, a copy of the rules of such branch shall be sent under the hand of the secretary to the Commissioner;(d) until a copy of the rules of a branch has been registered the society shall not be entitled to any of the privileges of this Act in respect of such branch; and until a copy of any amendment of the rules of a branch has been registered, such amendment shall not take effect as respects such branch;(e) the provisions of this Act as to appeals and the results thereof, as to amendments of rules, as to the acknowledgment of registry and the evidence of registry and of rules, shall apply to branch rules;(f) when a society has no funds under the control of a central body to which every branch is bound to contribute, every branch shall be deemed to be and must be registered as a separate society, whether its rules are identical with those of other branches or not;(g) in case the rules of a society provide that the branches shall have trustees distinct from the trustees of the society, the provisions herein contained as to the appointment and removal of trustees of the society shall apply to the appointment and removal of trustees of branches, the word "society" in such provisions being read "branch": Provided always that the copy of the resolution appointing or removing a trustee of a branch forwarded to the Commissioner shall be signed by the secretary of the society and by one of the trustees thereof, as well as by the secretary of the branch.
28. Power of registered societies to convert themselves into branches of other societies
[Section 28 Amended by No. 9 of 1982, s. 7 and Sched. 10 ]With respect to the conversion of registered societies into branches, the following provisions shall have effect:(a) a society registered before the commencement of this Act may, by a resolution passed by three-fourths of the members present and entitled to vote at any general meeting of the society, of which notice specifying the intention to propose such resolution has been duly given according to the rules, determine to become a branch under this Act of any other registered society, and also if thought fit of any registered branch thereof; and if the rules of such society do not comply with all the provisions of this Act and of the regulations of the Governor with respect to the registry of branches, the meeting at which such resolution is passed may amend such rules so as to bring the same into compliance with this Act and with such regulations;(b) a copy of the rules of such first-mentioned society marked to show the amendments, if any, made at such meeting, and 2 copies of such resolution as aforesaid and of such amendment of rules, if any, each signed by the chairman of the meeting and by the secretary of the society so determining to become a branch of any other society, and countersigned by the secretary of such other society, shall be sent to the Commissioner, and if the Commissioner finds that such rules, with or without such amendment as aforesaid, comply with the provisions of this Act and of the regulations of the Governor hereunder, he shall cancel the registry of such first-mentioned society and register the same as a branch of such other society, and also, if so specified in the resolution before-mentioned, of any branch of such other society, without further request or notice, and shall register such amendment of rules without further application or evidence; and until such registry such resolution as aforesaid shall not take effect;(c) no advertisement of any cancelling of registry under this section shall be requisite;(d) the rules of a society which becomes a branch under this section shall, so far as the same are not contrary to any express provision of this Act or of the regulations of the Governor thereunder, and subject to any amendment thereof as hereinbefore provided, continue in force as the rules of such branch until amended.
29. Power of societies to contribute to funds, &c., of other societies
Nothing in this Act contained shall prevent any registered society or branch from contributing to the funds or taking part by delegates or otherwise in the government of any other registered society or registered branch of a society as may be provided in the rules of such first-mentioned society or branch, without becoming a branch under this Act of such other society or branch.
The acknowledgment of registry of a society or a branch and of any amendment of the rules thereof respectively shall be in the forms provided in the Form 5 in Schedule 1 .
[Section 31 Substituted by No. 47 of 1984, s. 15 ](1) Every offence committed by a registered society or branch under this Act shall be deemed to have been also committed by –(a) every officer of that society or branch who is bound by the rules of the society or branch to carry out any duty the breach of which constitutes an offence under this Act; or(b) where there is no such officer, every member of the committee of management of the society or branch.(2) It shall be a defence to proceedings for an offence referred to in subsection (1) for a member of the committee of management of a registered society or branch to prove –(a) that he was ignorant of the commission of the offence;(b) that he attempted to prevent the commission of the offence; or(c) where the offence involved a failure to comply with a provision of this Act, that he had reasonable grounds to believe and did believe that a competent and reliable person who was a member of the committee of management was charged with the duty of seeing that the provision was complied with and was in a position to discharge that duty.(3) Every default under this Act which constitutes an offence shall constitute a new offence in every week during which the default continues.
32. Power of societies to impose penalties on their officers and members
[Section 32 Amended by No. 55 of 1965, s. 5 ][Section 32 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]A registered society or branch may by its rules impose fines on its officers and members for acts or defaults contrary to such rules not exceeding for any such act or default a fine not exceeding 2 penalty units; and such penalties shall be recoverable in a summary way as aforesaid and shall be payable to such society or branch, and shall be applicable in the manner directed by its rules; or the rules of the society or branch may provide that any such penalty shall be imposed by any meeting of the society or branch, or by any person or persons designated by the rules in that behalf, and that the officer or member on whom the same may be imposed shall be suspended from all benefits to which he would otherwise be entitled under the rules until such penalty is paid.
33. Moneys paid to Public Trustee and not claimed to be returned to society
[Section 33 Substituted by 25 Geo. V No. 78 ](1) Where any moneys have been paid by any society or branch on the death of any member of such society to the Public Trustee, and no legal claimant can be found for such moneys, the Public Trustee, in lieu of paying the same to the Treasurer, shall pay the balance of such moneys, after deducting thereout the charges to which he is entitled, to the society or branch from which the same were received by him.(2) Such balance shall be the absolute property of such society or branch, and shall be placed by it to the credit of the fund out of which such moneys were paid to the Public Trustee.
34. Falsification of accounting records, &c.
[Section 34 Inserted by No. 47 of 1984, s. 16 ][Section 34 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]Any person who causes or permits to be made any entry in, erasure in, or omission from, any accounting record or other record relating to the affairs of a registered society or branch required to be sent, produced, or delivered for the purposes of this Act, with intent to falsify that record or to evade any of the provisions of this Act is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.
The Governor may appoint and remove public auditors and valuers for the purposes of this Act, and may by any order to be published in the Gazette determine the rates of remuneration to be paid by societies or branches for the services of such auditors and valuers; but the employment of such auditors and valuers shall not be compulsory on any society or branch.
[Section 36 Amended by 25 Geo. V No. 78 ][Section 36 Amended by No. 9 of 1982, s. 7 and Sched. 10 ]The Governor may make regulations respecting the inspection of documents kept by the Commissioner, the determination of a scale of fees to be paid for matters transacted, or the inspection of documents under this Act, and generally for carrying this Act into effect.
[Section 37 Amended by 25 Geo. V No. 78 ][Section 37 Amended by No. 9 of 1982, s. 7 and Sched. 10 ]All courts, judges, and persons acting judicially shall take judicial notice of the seal of the Commissioner, and every instrument or document bearing such seal shall be received in evidence without further proof; and every document purporting to be signed by the Commissioner or any inspector or public auditor or valuer under this Act shall be received in evidence without proof of the signature.
38. Commissioner's certificate evidence of trustees
[Section 38 Amended by No. 9 of 1982, s. 7 and Sched. 10 ]A certificate in the Form 6 in Schedule 1 in writing, under the hand of the Commissioner, of the names of the trustees of any society or branch, shall, until the contrary is proved, be evidence that the persons named therein are the trustees of such society or branch.[Section 39 Repealed by 25 Geo. V No. 78 ]
SCHEDULE 1[Schedule 1 Amended by 25 Geo. V No. 78 ][Schedule 1 Amended by No. 9 of 1982, s. 7 and Sched. 10 ][Schedule 1 Amended by No. 47 of 1984, s. 17 ][Schedule 1 Amended by No. 27 of 1988, s. 8 ][Schedule 1 Form 2 amended by No. 47 of 1984, s. 17 ][Schedule 1 Form 3 omitted by No. 27 of 1988, s. 8 ][Schedule 1 Form 4 amended by No. 55 of 1965, s. 5 ][Schedule 1 Form 5 amended by No. 9 of 1982, s. 7 and Sched. 10 ]
Form 1 - Form Of Attorney-General's Or Solicitor-General's Certificate To Rules of Societies
Form 2 - Matters To Be Provided For By The Rules Of Societies Or Branches Registered Under This Act
Form 3
Form 4 - Form Of Bond
Form 5
Form 6
SCHEDULE 2 - Repeals
Date and number of Act. | Title of Act. | Extent of repeal. | 19 Vict. No. 26 | An Act to regulate Friendly Societies | The whole | 20 Vict. No. 14 | An Act to make permanent the Act of this Island, intituled An Act to regulate Friendly Societies | The whole | 41 Vict. No. 15 | An Act to Facilitate the Collection of Statistical Information | Section 11 |