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Associations Act 2003
71Reinstatement of dissolved incorporated association by
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71 Reinstatement of dissolved incorporated association by
NTCAT
(1) A person who is aggrieved by the dissolution of an incorporated
association under section 65 may apply to NTCAT for the
reinstatement of the association.
(2) An application under subsection (1):
(a) is a matter within NTCAT's original jurisdiction; and
(b) must be made within 5 years after the dissolution of the
(3) The Director and the CEO are parties to a proceeding commenced
under this section.
(4) On an application under subsection (1), the applicant has the
burden of proving that the incorporated association was, at the time
of its dissolution, carrying out its objects or in operation.
(5) If NTCAT is satisfied that the incorporated association was, at the
time of its dissolution, carrying out its objects or in operation,
NTCAT may order the Director to reinstate the association.
(6) In making an order for the reinstatement of the incorporated
association under subsection (5), NTCAT may give any directions
that it considers appropriate for placing the association and all other
persons in the same position (to the extent it is practicable to do so)
as if the association had not been dissolved.
(7) Without limiting subsection (6), NTCAT may give directions in
relation to:
(a) the transfer to the incorporated association of any property
vested in the CEO under section 67 that has not been sold or
otherwise disposed of under section 68; and
(b) the payment to the association of any money received by the
CEO in the exercise of a function under section 68 and paid to
the Treasurer under that section.
(8) If NTCAT makes an order for the reinstatement of the incorporated
association under subsection (5), the Director must, by Gazette
notice, reinstate the association.
(9) On the reinstatement of the incorporated association under
subsection (8), the association is taken to have continued in
existence as if it had not been dissolved.
Associations Act 2003 49
(10) Without limiting subsection (9), proceedings that might have been
taken if the incorporated association had not been dissolved may
be taken.