Page 2626 - Week 09 - Wednesday, 8 August 1990
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creating a Registrar of Incorporated Associations, a Registrar of Business Names and a Registrar of Unclaimed Moneys. It is envisaged that these responsibilities will be incorporated into the existing Registrar's office.
The Bills will also change the ways in which fees will be set and will determine how forms will be used under the Acts. Previously the relevant fees were prescribed in the schedules for the Associations Incorporation Act 1953 and the Business Names Act 1963. While the forms were prescribed in the regulations, the relevant Bills now enable fees to be set by ministerial determination published in the Gazette, and a form is to be approved by the Registrar. These changes will allow the fees to more accurately take account of the changing costs of the services that the Registrar will provide. As the forms used under the Acts do not affect the rights of applicants and are required purely for administrative purposes there is no necessity for the Assembly to examine the forms as part of the package. The Registrar can, and should be capable of approving the required forms.
The Bills also incorporate savings and transitional provisions which are designed to preserve actions of the Corporate Affairs Commission and activities of existing associations. Actions such as applications for incorporation that have been lodged with the Corporate Affairs Commission but have not yet been determined at the time of the administrative transfer will also be covered by these provisions, so that no-one's rights are adversely affected by the changeover.
As a result of the creation of three new registrars a consequential amendment will be made to the Evidence (Laws and Instruments) Act 1989 by the Evidence (Laws and Instruments) (Amendment) Bill. This Bill will insert provisions into section 10 of the Act to enable the courts to take judicial notice of the existence of the registrars and any deputy or acting registrars who may also be appointed. This is for the purpose of recognising the signature and seal of the relevant Registrar and of recognising the fact that such a person holds, or held such an office.
Mr Acting Speaker, I present the explanatory memorandum to this Bill.
Debate (on motion by Mr Connolly) adjourned.
UNCLAIMED MONEYS (AMENDMENT) BILL 1990
MR COLLAERY (Attorney-General) (4.34): I present the Unclaimed Moneys (Amendment) Bill 1990. I move:
That the Bill be agreed to in principle.
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