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Associations Incorporation Act 1991
95Property vested in registrar-general
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95 Property vested in registrar-general
(1) If the registrar-general is satisfied that under section 92 (1) or 94 any
property or interest in property of a former association is vested in the
registrar-general, whether solely or with any other person, the
registrar-general 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-
general thinks fit.
(2) The power of the registrar-general 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 the manner, for
the consideration and on the terms and conditions the registrar-
general 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-general
thinks fit; and
(ii) to execute any contracts, instruments and documents that
the registrar-general thinks necessary.
(3) There is payable to the Territory, for the exercise of the
registrar-general’s powers under 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, the
commission (if any) prescribed.
(4) The registrar-general must apply any moneys received in the exercise
of a power given 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 must pay the remainder (if any) of the
moneys to the Territory.
(5) A person making a claim in relation to 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 must make an
order for the payment accordingly.
(6) On the making of an order under subsection (5) for payment of an
amount to a person or on the registrar-general notifying the Minister
that the registrar-general 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 stated in the order or the notification, is
payable by the Territory to the person.
(7) Nothing in this section is 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.