28Exceptions relating to disposal of core property—the Act, s 41G

28 Exceptions relating to disposal of core property—the Act, s 41G

28 Exceptions relating to disposal of core property—the Act, s 41G

(1) The Act, section 41E(1) does not apply to the disposal of core property of a registered club in the following circumstances—

(a) the property is being leased or licensed for a period not longer than 10 years on terms that have been the subject of a valuation by a qualified valuer within the meaning of the Act, section 41E(6),

(b) the property is being disposed of to a wholly owned subsidiary of the club,

(c) the property is being leased or licensed to a telecommunications provider for a telecommunication tower,

(d) the property is being disposed of by calling for expressions of interest and a subsequent selective tendering process, and the disposal and the disposal process have been approved by a majority vote of the club’s ordinary members at a general meeting,

(e) the property is being sold by private treaty after the property failed to sell at public auction or by open tender after compliance with the requirements of the Act, section 41E(1),

(f) the terms and nature of the disposal, including details of the parties, property, price and valuation, are disclosed to the club’s ordinary members, and the disposal is approved at a general meeting of the club’s ordinary members,

(g) the property is disposed of to a government department, statutory body representing the Crown, State owned corporation or local council,

(h) the Secretary has, on application by the registered club, approved of the property being disposed of other than in accordance with the Act, section 41E(1).

(2) An application under subsection (1)(h) must—

(a) be made in the way required by the Secretary, and

(b) be accompanied by the information required by the Secretary.

(3) The Act, section 41E(1) does not apply to the leasing or licensing of core property of a registered club if the lease or licence is granted to a person to enable the person to provide goods or services—

(a) exclusively to the club’s members, guests and other persons attending the club in accordance with a club functions authorisation, or