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Associations Act 2003
77Prescribed property in winding up
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77 Prescribed property in winding up
(1) Prescribed property, or a part of prescribed property, is not an asset
in the winding up of an incorporated association unless consent in
writing has been given by:
(a) in the case of a lease under the Special Purposes Leases
Act 1953 – the Minister administering that Act; or
(b) in the case of a lease under the Crown Lands Act 1992 – the
Minister administering that Act; or
(c) in any other case – the Minister.
(2) If consent required under subsection (1) is refused, the prescribed
property or part thereof vests in the Territory.
(3) Property vested in the Territory under subsection (2) is liable and
subject to all charges, claims and liabilities imposed on or affecting
Associations Act 2003 52
the property by reason of a law as to rates, taxes, charges or
another matter or thing to which the property would have been
liable or subject had the property continued in the possession,
ownership or occupation of the association.
(4) If there is an acquisition of property by the Territory as a result of
property vesting in the Territory under subsection (2), the Territory
is liable to pay just compensation to the person from whom the
property was acquired.
(5) If there is no acquisition of property by the Territory as a result of
property vesting in the Territory under subsection (2), the Minister
may pay an amount in relation to any claim for improvements made
to the property before the property vested in the Territory.
(6) If:
(a) a secured creditor sells prescribed property or part thereof
after the commencement of the winding up of an incorporated
(b) consent required under subsection (1) is subsequently
refused;
any surplus after all secured debts and any allowable costs and
expenses have been deducted from the proceeds of the sale vests
in the Territory.