8Recognition of merger

8 Recognition of merger

8 Recognition of merger

(1) The Minister may, by order published in the Gazette, declare a company to be the merged racing club for the purposes of this Act.

(2) The Minister may make an order under subsection (1) in relation to a company only if the following pre-conditions are met:

(a) the company is taken under section 119A of the Corporations Act to be registered in the State,

(b) a copy of the constitution of the company has been provided to the Minister,

(c) the Minister is satisfied that the constitution of the company includes the mandatory corporate governance provisions.

(3) The Minister may specify a day as the merger finalisation day for the purposes of this Act:

(a) in an order made under subsection (1), or

(b) by a subsequent order published in the Gazette.

(4) The day on which a declaration made by an order under subsection (1) takes effect is the day on which the order is published in the Gazette or such later day as may be specified in the order.

(5) The only limits on the jurisdiction of the Minister to make orders under this section are:

(a) in relation to the making of an order under subsection (1)—that the pre-conditions for the making of the order set out in subsection (2) are met, and

(b) in relation to the making of an order under subsection (3) (b)—that an order under subsection (1) has previously been made.

(6) The making of an order under this section cannot be challenged, reviewed or called into question in proceedings before any court or tribunal except on the grounds that the making of the order exceeds the jurisdictional limits specified by subsection (5) for the making of such an order.

Editorial note—

Club specified as the merged racing club: Australian Turf Club Limited ACN 148 157 288. See Gazette No 12 of 4.2.2011, p 543.

Day specified as the merger finalisation day: 7.2.2011. See Gazette No 12 of 4.2.2011, p 543.