Australian Capital Territory Numbered Acts

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ASSOCIATIONS INCORPORATION ACT 1991 (NO. 46 OF 1991) - SECT 95

Property vested in Registrar

95. (1) Where the Registrar is satisfied that by virtue of subsection 92 (1) or section 94 any property or interest in property of a former association is vested in the Registrar, whether solely or with any other person, the Registrar may, subject to any trust affecting the property or interest, get in, sell or otherwise dispose of or deal with the property or interest or any part of the property or interest as the Registrar thinks fit.

(2) The power of the Registrar to sell or otherwise dispose of or deal with property or an interest in property—

        (a)     may be exercised solely or with any other person, by public auction, public tender or private contract, and in such manner, for such consideration and upon such terms and conditions as the Registrar thinks fit; and

        (b)     includes the power—

              (i)     to rescind any contract and resell or otherwise dispose of or deal with the property or interest as the Registrar thinks fit; and

              (ii)     to execute such contracts, instruments and documents as the Registrar thinks necessary.

(3) There is payable to the Territory, in respect of the exercise of the powers conferred on the Registrar by subsections (1) and (2), out of any income derived from, or the proceeds of sale of, disposition of or other dealing with, any property or interest in property, such commission as is prescribed.

(4) The Registrar shall apply any moneys received in the exercise of a power conferred by this section in defraying the costs and expenses of and incidental to the exercise of the power and in making payments authorised by this section, and shall pay the remainder (if any) of the moneys to the Territory.

(5) A person making a claim in respect of any money paid to the Territory under subsection (4) may apply to the Supreme Court for an order for payment of an amount to the person and, if the court is satisfied that an amount should be paid to the person, it shall make an order for the payment accordingly.

(6) Upon the making of an order under subsection (5) for payment of an amount to a person or upon the Registrar notifying the Minister that he or she is satisfied that an amount should be paid to a person out of money paid to the Territory under subsection (4), an amount equal to the amount specified in the order or the notification, as the case requires, is payable by the Territory to the person.

(7) Nothing in this section shall be taken to deprive a person of another right or remedy to which the person is entitled against a liquidator of an incorporated association or another person.



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