Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ASSOCIATIONS INCORPORATION ACT 1991 (NO. 46 OF 1991) - SECT 54

54. (1) Where a trust in relation to property held by an incorporated association has come wholly or partly to an end, the association may apply to the court for an order authorising the disposal of all or part of the property as the case requires.

(2) Application for an order shall be made—

        (a)     if the value of the property does not exceed $50,000—to the Magistrates Court; or

        (b)     in any other case—to the Supreme Court.

(3) On hearing an application, the court may, if it thinks it just to do so, make an order—

        (a)     authorising the disposal of all or part of the property; and

        (b)     directing the manner in which the proceeds from the disposal of the property or part are to be dealt with.

(4) An application may be made, and the court may exercise its powers, notwithstanding that the deed or other instrument creating or embodying the trust does not, or the rules of the association do not, contain any power to dispose of the property or prohibit the disposal of the property.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback