Friendly Societies (Tasmania) Act 1997
An Act to make provision for a uniform legislative scheme for friendly societies, to repeal the Friendly Societies Act 1888 , to make consequential amendments to the Tasmanian Office of Financial Supervision Act 1992 and for other purposes
[Royal Assent 22 December 1997]
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:
PART 1 - Preliminary
This Act may be cited as the Friendly Societies (Tasmania) Act 1997 .
This Act commences on a day to be proclaimed.
(1) In this Act, unless the contrary intention appears –Friendly Societies Act means the Friendly Societies (Victoria) Act 1996 of Victoria;friendly societies legislation of Tasmania means –(a) this Act and the regulations under this Act; and(b) the Friendly Societies (Tasmania) Code; and(c) the Friendly Societies (Tasmania) Regulations; and(d) the AFIC (Tasmania) Code, the AFIC (Tasmania) Regulations, the Financial Institutions (Tasmania) Code and the Financial Institutions (Tasmania) Regulations as applying to the Code and regulations referred to in paragraphs (b) and (c) ;Friendly Societies (Tasmania) Code means the provisions applying because of section 5 ;Friendly Societies (Tasmania) Regulations means the provisions applying because of section 6 ;Ministerial Council means the Ministerial Council established under the financial institutions agreement within the meaning of the Financial Institutions (Tasmania) Code.(2) Words and expressions used in the Friendly Societies (Tasmania) Code and in this Act have the same respective meanings in this Act as they have in that Code.(3) Subsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.
(1) The friendly societies legislation of Tasmania binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.(2) Nothing in this section permits the Crown in any of its capacities to be prosecuted for an offence.
PART 2 - Friendly Societies (Tasmania) Code and Friendly Societies (Tasmania) regulations
5. Application in Tasmania of Friendly Societies Code
The Friendly Societies Code set out in Schedule 1 of the Friendly Societies Act as in force for the time being –(a) applies as a law of Tasmania; and(b) as so applying, may be referred to as the Friendly Societies (Tasmania) Code.
The regulations in force for the time being under Part 4 of the Friendly Societies Act –(a) apply as regulations in force for the purposes of the Friendly Societies (Tasmania) Code; and(b) as so applying, may be referred to as the Friendly Societies (Tasmania) Regulations.
7. Interpretation of some expressions in Code and regulations
(1) In the Friendly Societies (Tasmania) Code and the Friendly Societies (Tasmania) Regulations –Code means the Friendly Societies (Tasmania) Code;continuing society means a society to which the Friendly Societies Act 1888 applied immediately before the commencement of this section;Corporations Law has the meaning given by Part 3 of the Corporations (Tasmania) Act 1990 ;Corporations Regulations has the meaning given by Part 3 of the Corporations (Tasmania) Act 1990 ;Legislature of this State means the Legislature of Tasmania;pharmacy law of this State means the Pharmacy Act 1908 ;previous law means the Friendly Societies Act 1888 as in force immediately before the commencement of this section;Supreme Court means the Supreme Court of Tasmania;the State or "this State" means Tasmania.(2) The Corporations (Tasmania) Act 1990 and the applicable provisions in relation to Tasmania, within the meaning of that Act, are prescribed for the purposes of section 19(4) of the Friendly Societies (Tasmania) Code.
PART 3 - Conferral of functions and powers
8. Conferral of functions and powers on Commission
The Australian Financial Institutions Commission (established by the Australian Financial Institutions Commission Act 1992 of Queensland) has the functions and powers conferred or expressed to be conferred on it by or under the friendly societies legislation of Tasmania.
9. Conferral of functions and powers on Tribunal
The Australian Financial Institutions Appeals Tribunal (established by the Australian Financial Institutions Commission Act 1992 of Queensland) has the functions and powers conferred or expressed to be conferred on it by or under the friendly societies legislation of Tasmania.
PART 4 - Levies, fees and other amounts
This section imposes the fees prescribed by the Friendly Societies (Tasmania) Regulations or by the AFIC (Tasmania) Regulations in respect of matters referred to in the friendly societies legislation of Tasmania.
(1) This section imposes –(a) the levy payable under sections 119 and 120 of the AFIC (Tasmania) Code by a society; and(b) the supervision levy payable under section 51 of the Friendly Societies (Tasmania) Code by a society.(2) An expression has in subsection (1) the meaning it would have if this section were in the AFIC (Tasmania) Code or the Friendly Societies (Tasmania) Code, as the case requires.
All fees, fines and penalties and other money that, under or by virtue of the friendly societies legislation of Tasmania, are authorised or directed to be imposed on a person and are not, under that legislation, fees, levies or other amounts payable to a specified person must be paid to the State.
PART 5 - General
13. State supervisory authority
The Tasmanian Office of Financial Supervision is the State supervisory authority for the purposes of the friendly societies legislation of Tasmania.
(1) The Governor may make regulations for the purposes of this Act.(2) Without limiting subsection (1) , a regulation may fix penalties not exceeding 50 penalty units for contravention of a regulation.
(1) All persons, things and circumstances appointed or created under the Friendly Societies Act 1888 or existing or continuing under that Act immediately before the commencement of this Act continue, under and subject to the friendly societies legislation of Tasmania, to have the same status, operation and effect as they would have had if this Act had not been enacted.(2) Subsection (1) is subject to any contrary intention appearing in this Act or the Friendly Societies (Tasmania) Code.
16. Special savings and transitional regulations for Tasmania
(1) The Governor may make regulations of a savings or transitional nature consequent on the enactment of this Act.(2) If such a regulation so provides, it has effect despite any provision of this Act, including the Friendly Societies (Tasmania) Code.(3) A provision of a regulation made under this section may, if the regulation so provides, take effect from the day of assent to the Act concerned or from a later day.
The Friendly Societies Act 1888 is repealed.
See Schedule 1 .
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Finance; and(b) the Department responsible to the Minister for Finance in relation to the administration of this Act is the Department of Treasury and Finance.
SCHEDULE 1 - Amendment of ActsThe amendments effected by Section 18 and this Schedule have been incorporated into the authorised version of the appropriate Acts.