sec.52Cancellation of registration by QCAT

sec.52 Cancellation of registration by QCAT

The registrar may apply to QCAT for cancellation of the registration of a corporation to carry on funeral benefit business— if within 1 month after being so directed, the corporation does not amend the registered rules of the business or make such other changes or take such action as directed by the registrar pursuant to section 21 , 22 , 23 , 44 , 45 or 46 ; or on the ground that— the registration has been obtained by fraud or mistake; or there has been a purported sale, assignment or disposal by the corporation of the business without the prior approval of the registrar, contrary to section 50 ; or the corporation, after notice from the registrar of contravention or failure to comply with any of the provisions of this Act or any of the provisions of the rules relating to the business, has contravened or failed to comply with the provisions the subject of the notice; or the corporation has ceased to carry on the business. An application shall not be made by the registrar without the prior approval in writing of the Minister. The making of an application by the registrar shall be sufficient evidence of the prior approval in writing of the Minister until the contrary is shown. Where upon the application QCAT is satisfied that the registrar has established any matter or ground referred to in subsection (1) relied upon in the application as a matter or ground for cancellation, QCAT may by its order cancel the registration of the corporation to carry on funeral benefit business. Upon service on the corporation of the originating proceeding in respect of the application, no act or thing shall be done by the corporation, any member of the governing body, by whatever name called, of the corporation or the secretary thereof in relation to— the benefits trust fund of the corporation or the account of the Funeral Benefit Trust Fund applicable to the corporation in the case of a part 3 corporation; or the funeral benefit business trust fund in the case of a part 4 corporation; without the prior approval in writing of the registrar. Maximum penalty—6 penalty units. Such approval may be given by the registrar in such manner as the registrar thinks fit including in respect of particular matters and in respect of general practices and procedures, and in considering matters in relation to approval, the registrar may consult with the State actuary. Upon the making by QCAT of an order cancelling the registration of a corporation— moneys and securities in the Funeral Benefit Trust Fund on account of the funeral benefit business of the corporation and moneys standing to the credit of the benefits trust fund, whether actually deposited in a financial institution account or not, of the corporation, where the corporation is a part 3 corporation; or moneys and all other property constituting the funeral benefit business trust fund of the corporation, where it is a part 4 corporation; shall, without any transfer, assignment or conveyance or notice other than this Act, be divested from the corporation and vest in the registrar and, in relation thereto, all rights, powers, authorities, obligations and duties of the corporation shall be rights, powers, authorities, obligations and duties of the registrar. QCAT may adjourn the hearing of an application under this section on such terms and subject to such conditions as it thinks fit where it is satisfied that effect is to be given or may be given to the provisions of section 50 . Where QCAT makes an order pursuant to subsection (3) , it may make such supplementary or other orders as it thinks fit. In connection with the exercise and performance of the registrar’s rights, powers, authorities, obligations and duties under this section where QCAT has made an order pursuant to subsection (3) , the registrar may apply to QCAT for directions in relation to any particular matter arising out of such exercise or performance and QCAT may give such directions accordingly. The registrar of titles or other person required by any Act or law to make or enter any note or memorial on any instrument of title to land or other record relating to any right, title, estate or interest in land or other property on receiving notice thereof shall, upon the written request of the registrar in respect of any case where any right, title, estate or interest in land or other property vests in the registrar pursuant to this section, register the registrar for or with respect to the right, title, estate or interest in such land or other property, and for that purpose may make every entry, cancellation and correction in any register, record or book in his or her custody or under his or her control and do and execute such other acts, matters and things as shall to the registrar of titles appear necessary and proper. As soon as practicable after such vesting as aforesaid, the registrar shall make the written request referred to. The registrar, after meeting from the fund any claims in respect of benefits accrued before cancellation of registration as aforesaid and after providing for the costs and expenses of getting in property in the fund and of converting into money property in the fund not consisting of money and of distributing moneys to contributors, shall distribute the moneys comprising the fund among contributors according to the amounts of their actuarial interests in the fund as determined by the registrar after consultation with the State actuary. For the purpose of making such determination, the registrar may obtain the report of an actuary or authorised accountant. In subsections (11) , (12) and (18) — the fund means the moneys and securities referred to in subsection (6) (a) in the case of a part 3 corporation and the funeral benefit business trust fund referred to in subsection (6) (b) in the case of a part 4 corporation. For the purpose of compliance with subsection (11) , the registrar may convert into money any part of the fund not consisting of money and shall obtain what appears to the registrar after due inquiry to be the best price obtainable therefor; and in connection with any such conversion into money the registrar shall consult with the State actuary and may obtain the report of a valuer. On the cancellation of registration of a corporation pursuant to this section, the corporation, the members of the governing body, by whatever name called, of the corporation and the secretary thereof shall do all such acts and things as the registrar requires it or them or any of them to do (the registrar being hereby thereunto authorised) in connection with the exercise or carrying out by the registrar of any of his or her rights, powers, authorities, obligations or duties under this section following such cancellation. Maximum penalty—6 penalty units. The provisions of subsection (13) relating to the rights, powers and authorities of the registrar thereunder are additional to and not in diminution of rights, powers and authorities of the registrar otherwise given or conferred under this Act, which other rights, powers and authorities shall be had and may be exercised by the registrar in respect of the corporation and the members of the governing body and secretary as referred to in subsection (13) notwithstanding cancellation of registration. On cancellation of registration of a corporation under this section— the certificate of registration issued to it is void and it shall be surrendered by the corporation to the registrar; and the corporation shall cease to carry on funeral benefit business. Cancellation of registration of a corporation operates without prejudice to any penal or other liability actually incurred by the corporation, which may be enforced against it as if such cancellation had not taken place. Upon completion of the distribution of the fund, the registrar shall notify the corporation. s 52 amd 1990 No. 85 s 5 sch 2 ; 1993 No. 82 s 3 sch 1 ; 1995 No. 58 s 4 sch 1 ; 1996 No. 79 s 47 ; 1997 No. 17 s 15 ; 2001 No. 45 s 29 sch 3 ; 2003 No. 73 s 168 ; 2005 No. 14 s 2 sch ; 2009 No. 24 s 550 ; 2014 No. 8 s 118 (sec.52-ssec.1) The registrar may apply to QCAT for cancellation of the registration of a corporation to carry on funeral benefit business— if within 1 month after being so directed, the corporation does not amend the registered rules of the business or make such other changes or take such action as directed by the registrar pursuant to section 21 , 22 , 23 , 44 , 45 or 46 ; or on the ground that— the registration has been obtained by fraud or mistake; or there has been a purported sale, assignment or disposal by the corporation of the business without the prior approval of the registrar, contrary to section 50 ; or the corporation, after notice from the registrar of contravention or failure to comply with any of the provisions of this Act or any of the provisions of the rules relating to the business, has contravened or failed to comply with the provisions the subject of the notice; or the corporation has ceased to carry on the business. (sec.52-ssec.2) An application shall not be made by the registrar without the prior approval in writing of the Minister. (sec.52-ssec.2A) The making of an application by the registrar shall be sufficient evidence of the prior approval in writing of the Minister until the contrary is shown. (sec.52-ssec.3) Where upon the application QCAT is satisfied that the registrar has established any matter or ground referred to in subsection (1) relied upon in the application as a matter or ground for cancellation, QCAT may by its order cancel the registration of the corporation to carry on funeral benefit business. (sec.52-ssec.4) Upon service on the corporation of the originating proceeding in respect of the application, no act or thing shall be done by the corporation, any member of the governing body, by whatever name called, of the corporation or the secretary thereof in relation to— the benefits trust fund of the corporation or the account of the Funeral Benefit Trust Fund applicable to the corporation in the case of a part 3 corporation; or the funeral benefit business trust fund in the case of a part 4 corporation; without the prior approval in writing of the registrar. Maximum penalty—6 penalty units. (sec.52-ssec.5) Such approval may be given by the registrar in such manner as the registrar thinks fit including in respect of particular matters and in respect of general practices and procedures, and in considering matters in relation to approval, the registrar may consult with the State actuary. (sec.52-ssec.6) Upon the making by QCAT of an order cancelling the registration of a corporation— moneys and securities in the Funeral Benefit Trust Fund on account of the funeral benefit business of the corporation and moneys standing to the credit of the benefits trust fund, whether actually deposited in a financial institution account or not, of the corporation, where the corporation is a part 3 corporation; or moneys and all other property constituting the funeral benefit business trust fund of the corporation, where it is a part 4 corporation; shall, without any transfer, assignment or conveyance or notice other than this Act, be divested from the corporation and vest in the registrar and, in relation thereto, all rights, powers, authorities, obligations and duties of the corporation shall be rights, powers, authorities, obligations and duties of the registrar. (sec.52-ssec.7) QCAT may adjourn the hearing of an application under this section on such terms and subject to such conditions as it thinks fit where it is satisfied that effect is to be given or may be given to the provisions of section 50 . (sec.52-ssec.8) Where QCAT makes an order pursuant to subsection (3) , it may make such supplementary or other orders as it thinks fit. (sec.52-ssec.9) In connection with the exercise and performance of the registrar’s rights, powers, authorities, obligations and duties under this section where QCAT has made an order pursuant to subsection (3) , the registrar may apply to QCAT for directions in relation to any particular matter arising out of such exercise or performance and QCAT may give such directions accordingly. (sec.52-ssec.10) The registrar of titles or other person required by any Act or law to make or enter any note or memorial on any instrument of title to land or other record relating to any right, title, estate or interest in land or other property on receiving notice thereof shall, upon the written request of the registrar in respect of any case where any right, title, estate or interest in land or other property vests in the registrar pursuant to this section, register the registrar for or with respect to the right, title, estate or interest in such land or other property, and for that purpose may make every entry, cancellation and correction in any register, record or book in his or her custody or under his or her control and do and execute such other acts, matters and things as shall to the registrar of titles appear necessary and proper. (sec.52-ssec.10A) As soon as practicable after such vesting as aforesaid, the registrar shall make the written request referred to. (sec.52-ssec.11) The registrar, after meeting from the fund any claims in respect of benefits accrued before cancellation of registration as aforesaid and after providing for the costs and expenses of getting in property in the fund and of converting into money property in the fund not consisting of money and of distributing moneys to contributors, shall distribute the moneys comprising the fund among contributors according to the amounts of their actuarial interests in the fund as determined by the registrar after consultation with the State actuary. (sec.52-ssec.11A) For the purpose of making such determination, the registrar may obtain the report of an actuary or authorised accountant. (sec.52-ssec.11B) In subsections (11) , (12) and (18) — the fund means the moneys and securities referred to in subsection (6) (a) in the case of a part 3 corporation and the funeral benefit business trust fund referred to in subsection (6) (b) in the case of a part 4 corporation. (sec.52-ssec.12) For the purpose of compliance with subsection (11) , the registrar may convert into money any part of the fund not consisting of money and shall obtain what appears to the registrar after due inquiry to be the best price obtainable therefor; and in connection with any such conversion into money the registrar shall consult with the State actuary and may obtain the report of a valuer. (sec.52-ssec.13) On the cancellation of registration of a corporation pursuant to this section, the corporation, the members of the governing body, by whatever name called, of the corporation and the secretary thereof shall do all such acts and things as the registrar requires it or them or any of them to do (the registrar being hereby thereunto authorised) in connection with the exercise or carrying out by the registrar of any of his or her rights, powers, authorities, obligations or duties under this section following such cancellation. Maximum penalty—6 penalty units. (sec.52-ssec.14) The provisions of subsection (13) relating to the rights, powers and authorities of the registrar thereunder are additional to and not in diminution of rights, powers and authorities of the registrar otherwise given or conferred under this Act, which other rights, powers and authorities shall be had and may be exercised by the registrar in respect of the corporation and the members of the governing body and secretary as referred to in subsection (13) notwithstanding cancellation of registration. (sec.52-ssec.15) On cancellation of registration of a corporation under this section— the certificate of registration issued to it is void and it shall be surrendered by the corporation to the registrar; and the corporation shall cease to carry on funeral benefit business. (sec.52-ssec.16) Cancellation of registration of a corporation operates without prejudice to any penal or other liability actually incurred by the corporation, which may be enforced against it as if such cancellation had not taken place. (sec.52-ssec.18) Upon completion of the distribution of the fund, the registrar shall notify the corporation.