35Winding up and dissolution

#### 35 Winding up and dissolution 35 Winding up and dissolution > > (1) Where the Minister— > > > > > (a) is satisfied— > > > > > > > (i) that more than one-half of the enrolled producers are, at a poll referred to in section 32, in favour of the dissolution of a particular board, > > > > > > > (ii) that a request has been made, and (if required) confirmed, in accordance with section 33 by a board, or > > > > > > > (iii) that, although such a request has not been made or, if made, has not (if required) been confirmed, in accordance with section 33, and after taking into consideration all representations made in accordance with section 34 on the question of the dissolution of a board, action ought to be taken in the best interests of the producers concerned for that dissolution, and > > > > > (b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a), > > > > the Governor may, by proclamation, direct the board to wind up its affairs. > > > (2) Upon a proclamation under subsection (1) taking effect, the board shall proceed to wind up its affairs. > > > (3) Notwithstanding subsection (2)— > > > > > (a) the Governor may, by proclamation, appoint any person to be liquidator for the purpose of the winding up, and > > > > > (b) the liquidator may, for that purpose, on behalf and in the name and as the act and (where necessary) under the seal of the board, bring and defend such proceedings, and do and execute such acts, deeds and things, as may be necessary. > > > (4) A proclamation under subsection (3) may revoke a declaration of a primary product as a commodity for the purposes of this Act, and may contain such provisions of a savings or transitional nature as the Governor thinks appropriate in consequence of such a revocation. > > > (5) The reasonable costs and expenses (including remuneration) incurred by or in connection with the appointment of, and exercise of the functions of, a liquidator appointed under this section, as certified from time to time by the Minister, shall be payable from the funds of the board. > > > (6) The members of a board may not exercise any functions as members while a person holds office as liquidator of the board. > > > (7) Where the Minister is of the opinion that the affairs of a board are wound up, the Governor may, by proclamation, dissolve the board, and all money and other assets of the board shall become the property of the State and shall be dealt with and disposed of as the Governor may direct.