{"id":"nsw:sl-2025-0390","name":"Co-operative Housing and Starr-Bowkett Societies Regulation 2025","slug":"co-operative-housing-and-starr-bowkett-societies-regulation-2025","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"390 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173755,"registerId":"nsw-sl-2025-0390-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Co-operative Housing and Starr-Bowkett Societies Regulation 2025](/view/html/inforce/current/sl-2025-0390).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2025.\n> \n> Note—\n> \n> This regulation replaces the [Co-operative Housing and Starr-Bowkett Societies Regulation 2020](/view/html/repealed/current/sl-2020-0505), which is repealed on 1 September 2025 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> inner envelope, for Schedule 1—see Schedule 1, section 1.\n> \n> outer envelope, for Schedule 1—see Schedule 1, section 1.\n> \n> returning officer, for Schedule 1—see Schedule 1, section 1.\n> \n> the Act means the [Co-operative Housing and Starr-Bowkett Societies Act 1998](/view/html/inforce/current/act-1998-011).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Management of societies","content":"# Part 2 Management of societies\n\nPart 2 Management of societies","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed registers","content":"#### 4 Prescribed registers\n\n4 Prescribed registers\n\n> For the Act, section 117(1) and (2), the following registers are prescribed—\n> \n> > (a) a register of loans made to members and securities taken that contains the following particulars—\n> > \n> > > (i) the name of each member to whom a loan is made,\n> > \n> > > (ii) the amount of the loan,\n> > \n> > > (iii) the date the loan was approved,\n> > \n> > > (iv) a reference identifying the account created for the loan,\n> > \n> > > (v) the date and amount of each advance made in relation to the loan,\n> > \n> > > (vi) if the loan is secured by the mortgage of real property—the address and particulars of title of the property and a reference identifying the mortgage agreement,\n> > \n> > > (vii) if the loan is secured by another kind of security—particulars of the security taken and a reference identifying the security agreement,\n> > \n> > > (viii) the location of documents relating to the security taken for the loan,\n> > \n> > > (ix) the date of the final repayment for the loan,\n> \n> > (b) a register of loans raised and securities given.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Register of members","content":"#### 5 Register of members\n\n5 Register of members\n\n> For the Act, section 119(1)(c), the following information is prescribed—\n> \n> > (a) in relation to shares held by members—\n> > \n> > > (i) the date the shares were subscribed, and\n> > \n> > > (ii) the amount paid on the shares,\n> \n> > (b) the date and reason a person’s membership ended.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Annual returns","content":"#### 6 Annual returns\n\n6 Annual returns\n\n> > (1) For the Act, section 148(1), a return must be—\n> > \n> > > (a) in the approved form, and\n> > \n> > > (b) lodged with the Registrar within 3 months after the end of each financial year of the society.\n> \n> > (2) For the Act, section 190, the Act, section 148(1) is prescribed.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"External administration","content":"# Part 3 External administration\n\nPart 3 External administration","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Modification to application of Corporations Act—schemes of arrangement and reconstruction","content":"#### 7 Modification to application of Corporations Act—schemes of arrangement and reconstruction\n\n7 Modification to application of Corporations Act—schemes of arrangement and reconstruction\n\n> For the Act, section 173(d), a reference to an explanatory statement in the Corporations Act, section 412 must be read as a reference to an explanatory statement in the approved form.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Modifications to application of Corporations Act—winding up","content":"#### 8 Modifications to application of Corporations Act—winding up\n\n8 Modifications to application of Corporations Act—winding up\n\n> > (1) For the Act, section 177(1)(d), the modifications specified in this section are prescribed.\n> \n> > (2) The Corporations Act, section 461 is modified by replacing section 461(1)(h) with the following—\n> > \n> > > > (h) the Registrar has, because of an investigation under the [Co-operative Housing and Starr-Bowkett Societies Act 1998](/view/html/inforce/current/act-1998-011) into the affairs of the society, stated that—\n> > > > \n> > > > > (i) the society cannot pay its debts and should be wound up; or\n> > > > \n> > > > > (ii) it is in the interests of the public or of members or creditors that the society be wound up; or\n> \n> > (3) The Corporations Act, section 462 is modified by omitting section 462(2)(h).\n> \n> > (4) The Corporations Act, section 464 is modified—\n> > \n> > > (a) by omitting “Where ASIC is investigating, or has investigated, under Division 1 of Part 3 of the ASIC Act:” from section 464(1), and\n> > \n> > > (b) by inserting instead “If the Registrar is conducting or has conducted an investigation under the [Co-operative Housing and Starr-Bowkett Societies Act 1998](/view/html/inforce/current/act-1998-011):”.\n> \n> > (5) The Corporations Act, Part 5.6 is modified by inserting the following after section 543—\n> \n> > (6) The Corporations Act, Part 5.7B is modified by omitting sections 588J–588L and 588Q.","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Additional functions of associations","content":"#### 9 Additional functions of associations\n\n9 Additional functions of associations\n\n> > (1) For the Act, section 183(b), the following functions are prescribed—\n> > \n> > > (a) to guarantee the payment of amounts a relevant society is or will be liable to pay,\n> > \n> > > (b) to make secured loans to members of a relevant society for purposes supporting the objects of the society,\n> > \n> > > (c) to make secured loans to body corporates if a relevant society can purchase shares in the body corporate under the Act, section 53(1)(c).\n> \n> > (2) In this section—\n> > \n> > relevant society means a society that is a member of the association.\n> > \n> > secured loan means a loan secured by mortgage, including debenture, lien or charge, given by the person to whom the loan is made that makes property of the person liable as security.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Voting by postal ballot","content":"#### 10 Voting by postal ballot\n\n10 Voting by postal ballot\n\n> For the Act, sections 115(1)(b) and 153(4)(b), a postal ballot must be conducted in accordance with Schedule 1.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Fees","content":"#### 11 Fees\n\n11 Fees\n\n> > (1) For the Act, section 225(1A), the fees set out in Schedule 2 are prescribed.\n> \n> > (2) The fee payable for a matter relating to the Registrar under the Corporations Act as applied by the Act, sections 173, 174 and 177 is—\n> > \n> > > (a) the fee specified in Schedule 2 for the matter, or\n> > \n> > > (b) if no fee is specified—the fee payable under the [Corporations (Fees) Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (3) For the Act, section 225(1B)(b), the Registrar may waive, reduce or refund, in whole or in part, a fee payable or paid under this section if the Registrar is satisfied the refund is appropriate because—\n> > \n> > > (a) the person who must pay, or has paid, the fee is suffering financial hardship, or\n> > \n> > > (b) special circumstances exist.\n> > > \n> > > Example of special circumstances—\n> > > \n> > > circumstances involving a natural disaster or recovery from a natural disaster","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Repeal and savings","content":"#### 12 Repeal and savings\n\n12 Repeal and savings\n\n> An act, matter or thing that, immediately before the repeal of the [Co-operative Housing and Starr-Bowkett Societies Regulation 2020](/view/html/repealed/current/sl-2020-0505), had effect under that regulation continues to have effect under this regulation.","sortOrder":16},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Postal ballots","content":"# Schedule 1 Postal ballots\n\nSchedule 1 Postal ballots\n\nsection 10","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Keeping ballot papers","content":"#### 13 Keeping ballot papers\n\n13 Keeping ballot papers\n\n> After determining the result of the ballot, the returning officer must keep in secure storage for at least 8 weeks after the close of the ballot the following used in connection with the ballot—\n> \n> > (a) the roll,\n> \n> > (b) rejected outer envelopes,\n> \n> > (c) ballot papers.","sortOrder":30},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Fees","content":"# Schedule 2 Fees\n\nSchedule 2 Fees\n\nsection 11\n\n| Item | Provision of Act | Type of fee | Fee |\n| 1 | section 23(1)(a) | Inspection of document | $25 |\n| 2 | section 23(1)(b) | Certified copy of document— |  |\n|  |  | (a) for the first page | $28 |\n|  |  | (b) for each subsequent page | $3 |\n| 3 | section 25 | Application for extension or abridgement of time | $54 |\n| 4 | section 67(1) | Registration of alteration of society’s rules | $23 per rule to a maximum of $206 |\n| 5 | section 80(2) | Application for issue of amended or new certificate of incorporation | $108 |\n| 6 | section 80(4) | Application for approval to use name other than registered name | $54 |\n| 7 | section 115(7) | Submission of special resolution for registration | $23 |\n| 8 | section 148(1) | Lodgment of return— |  |\n|  |  | (a) on or before due date | Nil |\n|  |  | (b) 1 or more days, but less than 28 days, after due date | $151 |\n|  |  | (c) 28 or more days after due date | $308 |\n| 9 | section 149(1) | Application for order for relief from accounts and audit requirements | $410 |\n| 10 | section 152 | Application for certification that co-operative housing societies are of same type | $108 |\n| 11 | section 153(1) | Application for registration of merger or transfer of engagements | $108 |\n| 12 | section 153(2) | Application for determination that co-operative housing societies’ boards may approve proposed merger or transfer of engagements | $108 |\n| 13 | section 153(3) | Application for approval of statement to be sent to members about proposed merger or transfer of engagements | $410 |\n| 14 | section, 153(5) | Application for exemption from requirement to send statement to members | $108 |","sortOrder":31}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original purpose of providing operational detail for co-operative housing and Starr-Bowkett societies. It replaces the 2020 regulation with substantially similar content, updating references and maintaining the same structural approach covering registers, administration, and procedural rules."},"complexity_factors":["Moderate cross-referencing to the parent Act (Co-operative Housing and Starr-Bowkett Societies Act 1998) and federal Corporations Act","Detailed procedural requirements in Schedule 1 (postal ballots) with 13 sections covering granular steps like envelope handling and ballot rejection criteria","Modification provisions that rewrite specific sections of the Corporations Act for application to these societies","Nested conditions in fee structures (e.g., late lodgment penalties based on number of days overdue)","Specific technical terminology requiring definitions (inner envelope, outer envelope, returning officer, surplus funds)"],"plain_english_summary":"This regulation sets out the detailed rules for how co-operative housing societies and Starr-Bowkett societies (a type of mutual financial organisation) operate in New South Wales. It replaces an earlier 2020 version.\n\n**What it does:**\n\n*   **Record-keeping:** Specifies exactly what information societies must keep in their registers—such as details of loans to members, securities (legal claims over property), and member shareholdings.\n*   **Annual reporting:** Requires societies to lodge annual returns within 3 months of their financial year end.\n*   **Winding up (closing down):** Adapts parts of the federal *Corporations Act* for when these societies go broke or close. Importantly, it adds a rule that any leftover money after paying debts must go to another similar society or organisation—not to members. If no suitable recipient exists, the money becomes \"unclaimed money\" under NSW law.\n*   **Associations:** Allows industry associations to guarantee loans for their member societies and make secured loans to members.\n*   **Postal voting:** Provides a complete step-by-step process for how societies must run postal ballots when members vote on important decisions like mergers. This includes appointing a returning officer, preparing ballot papers, the double-envelope system (inner and outer envelopes), how to reject invalid votes, and how to count votes.\n*   **Fees:** Sets out fees for various administrative actions—like registering rule changes, getting certified copies of documents, or lodging late returns. The Registrar can waive or reduce fees for people suffering financial hardship.\n\n**Who it affects:**\n\n*   Co-operative housing societies (member-owned housing organisations).\n*   Starr-Bowkett societies (a specific type of terminating building society).\n*   Members and directors of these societies.\n*   The Registrar who oversees these organisations.\n\n**Why it matters:**\n\nThis regulation provides the practical \"how-to\" for these societies to comply with their governing Act. The postal ballot rules ensure democratic processes are transparent and secure. The winding-up rules protect the mutual nature of these organisations by preventing private benefit when they close down."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation replaces the 2020 regulation and, by its savings clause, preserves prior acts and matters (secs 2 and 12). Its material content prescribes administrative procedures (registers, ballots, returns, fees), clarifies association functions and adjusts how Corporations Act provisions apply to societies. The text shows procedural and interpretive adjustments rather than an expansion of the categories of entities or activities covered."},"complexity_factors":["Cross‑references and modifications to the Corporations Act (secs 7–8) — multiple substitutions and omissions create layered application rules and alter insolvency/winding‑up procedures.","Detailed postal ballot regime (Schedule 1, secs 2–13) — stepwise obligations (appointment of returning officer, timing, billet paper form, rejection criteria, scrutineers, counting and retention) increase procedural compliance risk.","Prescribed registers and member records (secs 4–5) — specific loan, security and share particulars required, raising administrative and record‑keeping burdens.","Fees schedule and waiver discretion (sec 11; Schedule 2) — many distinct fees including late lodgment penalties, plus Registrar power to waive or refund for hardship or special circumstances.","Surplus funds distribution rule (inserted s 543A in sec 8) — requires both general meeting approval and Registrar directions, adding dual decision points for distributions on winding up.","Returning officer restrictions and delegation rules (Schedule 1, ss 1, 3) — prohibition on directors acting as returning officers and limited appointment of assistants affects governance and operational arrangements.","Timing and retention requirements (secs 6, Schedule 1 s5, s8, s13) — fixed filing and ballot timelines and an 8‑week storage obligation create discrete deadlines and evidentiary burdens.","Interpretive layering (sec 3, notes referring to the Act and Interpretation Act) — reliance on definitions and external Acts increases legal interpretation complexity.","Transitional continuity (secs 2, 12) — replacement of the 2020 regulation with savings provisions requires attention to continuity of existing acts, matters and rights."],"plain_english_summary":"This regulation sets out administrative and procedural rules for co‑operative housing and Starr‑Bowkett societies. It prescribes required registers and member records, timing and form of annual returns, detailed postal‑ballot procedures, a schedule of fees (with limited waiver power), and modifies how certain Corporations Act winding‑up and scheme provisions apply. It affects society boards, returning officers, the Registrar and members by creating specific compliance, voting, record‑keeping and surplus‑distribution steps that determine who decides, who pays, and what actions societies must take."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the regulation's scope changed from any original intent. The document as supplied contains only metadata, status information, and website navigation elements — no operative provisions are visible."},"complexity_factors":["Only metadata and administrative shell of the regulation was provided — no substantive provisions are available for analysis","The underlying subject matter (co-operative housing and Starr-Bowkett societies) involves niche financial and property law concepts unfamiliar to most people","Interaction with parent legislation (Subordinate Legislation Act 1989 and the Co-operative Housing and Starr-Bowkett Societies Act) adds a layer of complexity not fully visible in the provided text","Automatic staged repeal mechanism requires awareness of a future expiry date that could affect ongoing compliance obligations"],"plain_english_summary":"This NSW regulation governs co‑operative housing and Starr‑Bowkett societies — member‑owned bodies that pool resources for housing or interest‑free loans — and so affects members, directors, operators and anyone setting one up in NSW. Only the administrative shell is available (no substantive rules shown). It commenced 8 Aug 2025, is made under the Subordinate Legislation Act 1989, and will automatically sunset on 1 Sep 2030, so affected parties should note the expiry."}},"importantCases":[],"_links":{"self":"/api/acts/co-operative-housing-and-starr-bowkett-societies-regulation-2025","history":"/api/acts/co-operative-housing-and-starr-bowkett-societies-regulation-2025/history","analysis":"/api/acts/co-operative-housing-and-starr-bowkett-societies-regulation-2025/analysis","conflicts":"/api/acts/co-operative-housing-and-starr-bowkett-societies-regulation-2025/conflicts","importantCases":"/api/acts/co-operative-housing-and-starr-bowkett-societies-regulation-2025/important-cases","documents":"/api/acts/co-operative-housing-and-starr-bowkett-societies-regulation-2025/documents"}}