62Closure

62 Closure (1) If the Minister proposes that a registered funded agency should be closed, the Minister must cause a report of the proposal to be prepared and made available to persons who request it. (2) A report under subsection (1) must include— (a) a statement of the circumstances giving rise to the proposal; and (b) a statement of any other available options in relation to continuing the services of the agency. S. 62(3) amended by Nos 44/2001 s. 3(Sch. item 61.3), 36/2011 s. 34, 20/2012 s. 226(Sch. 5 item 15(1)). (3) If a report under subsection (1) relates to a registered funded agency that is an incorporated association under the **Associations Incorporation Reform Act 2012** or a company within the meaning of the Corporations Act that is taken to be registered in Victoria, the Minister must cause a copy of the report to be given to the Registrar of Incorporated Associations or ASIC within the meaning of the ASIC Act, as the case requires. (4) The Minister, after consideration of any submissions made on a report under subsection (1) within 90 days after the report is made available to interested persons— (a) must decide whether or not to recommend the closure of the agency; and (b) must give notice in writing of his or her decision to— (i) the agency; and S. 62(4)(b)(ii) amended by No. 36/2011 s. 34. (ii) in a case to which subsection (3) applies, to the Registrar of Incorporated Associations or ASIC within the meaning of the ASIC Act, as the case requires. (5) The Governor in Council, on the recommendation of the Minister, may by Order published in the Government Gazette direct that the registered funded agency be closed on and after the date fixed in the Order. (6) If an Order is published under subsection (5)— S. 62(6)(a) amended by No. 20/2012 s. 226(Sch. 5 item 15(2)). (a) in the case of an agency that is an incorporated association, the Order has effect as if it were an order of the Supreme Court for the winding up of the association under Part 10 of the **Associations Incorporation Reform Act 2012**; and S. 62(6)(b) substituted by No. 44/2001 s. 3(Sch. item 61.4). (b) in the case of an agency that is a company within the meaning of the Corporations Act that is taken to be registered in Victoria, the Order has effect as if it were an order of the Court for the winding up of the company under Part 5.4A of the Corporations Act; and (c) in the case of an agency that is incorporated in any other manner, the Order has effect in the manner specified in the Order; and (d) in any other case— (i) the agency shall be closed subject to and in accordance with the directions contained in the Order; and (ii) the property of the agency becomes the property of the Crown and may be dealt with or disposed of accordingly; and (iii) the liabilities of the agency become liabilities of the Crown. (7) This section does not apply to a denominational hospital. Pt 3 Div. 8A (Heading and ss 63–63D) inserted by No. 52/2004 s. 19.