65Distribution of surplus assets in winding up

#### 65 Distribution of surplus assets in winding up (1) Subject to this section, where, upon the winding up of an Incorporated Aboriginal Association, there remain any surplus assets and: (a) the rules of the Association make provision for the distribution of the surplus assets of the Association in the event of the Association’s being wound up; or (b) where there are no such rules—a resolution relating to the distribution of the surplus assets of the Association has been passed by at least two‑thirds of the members of the Association; the Court or the liquidator shall distribute those assets in accordance with those rules or that resolution, as the case may be. (2) Where, in a winding up by the Court: (a) a Judge of the Court considers that a distribution of the surplus assets of the Association in accordance with the rules of the Association or with a resolution under paragraph (1)(b) would not be just; or (b) no such rules exist and such a resolution has not been passed; the Judge shall make such orders for the distribution of those assets as, having regard to the objects of the Association, he or she considers just. (3) Where, in a voluntary winding up: (a) the liquidator considers that a distribution of the surplus assets of the Association in accordance with the rules of the Association or with a resolution relating to the distribution of those surplus assets passed by a majority of at least two‑thirds of the members of the Association would not be just; or (b) no such rules exist and such a resolution has not been passed; the liquidator shall apply to a Judge of the Court to exercise all or any of the powers that the Judge might exercise under subsection (2) if the Association were being wound up by the Court.