New South Wales Consolidated Acts

CRIMES (SERIOUS CRIME PREVENTION ORDERS) ACT 2016 - SECT 9

9 Winding up of voluntary corporation for contravening serious crime prevention orders

(1) An eligible applicant may apply to the Supreme Court for an order (a
"compulsory winding up order" ) requiring the winding up of a voluntary corporation that has been convicted of an offence against section 8.

(2) The Supreme Court may make a compulsory winding up order against a voluntary corporation if the Court is satisfied that--

(a) the corporation has been convicted of an offence against section 8, and

(b) there are no further avenues of appeal available to the corporation in respect of the conviction, and

(c) it is in the public interest, and just and equitable, for the corporation to be wound up.

(3) If a compulsory winding up order is made against an association, Part 6 of the Associations Incorporation Act 2009 is taken (subject to such modifications as may be prescribed by the regulations) to apply to the winding up of the association as if the Supreme Court had made an order under section 63 (1) (i) of that Act for its winding up.

(4) If a compulsory winding up order is made against a company, the winding up of the company pursuant to that order is declared to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to Chapter 5 of the Corporations Act, subject to the following modifications--

(a) the order is taken to have effect for the purposes of the provisions as if the Supreme Court has made an order for the winding up of the company under section 461 (1) (k) of the Corporations Act,

(b) such other modifications as may be prescribed by the regulations.

Note : Part 3 of the Corporations (Ancillary Provisions) Act 2001 provides for the application of provisions of the Corporations Act 2001 and Part 3 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth as laws of the State in respect of any matter declared by a law of the State (whether with or without modification) to be an applied Corporations legislation matter for the purposes of that Part in relation to those Commonwealth provisions. Section 14 (2) of the Corporations (Ancillary Provisions) Act 2001 ensures that a declaration made for the purposes of Part 3 of that Act only operates to apply a provision of the Corporations legislation to a matter as a law of the State if that provision does not already apply to the matter as a law of the Commonwealth. If a provision referred to in a declaration already applies as a law of the Commonwealth, nothing in the declaration will affect its continued operation as a law of the Commonwealth.

(5) Subsections (1), (2) and (4) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 5 of the Corporations Act.

Note : Section 5G of the Corporations Act enables a State to displace the operation of provisions of the Corporations legislation in favour of provisions of State laws that are declared under State law to be Corporations legislation displacement provisions for the purposes of that section. See, in particular, section 5G (4), (8) and (11) of the Corporations Act in relation to the displacements effected by this subsection.

(6) In this section--

"association" means an association registered under the Associations Incorporation Act 2009 .

"company" means a company within the meaning of the Corporations Act.

"Corporations Act" means the Corporations Act 2001 of the Commonwealth.

"voluntary corporation" means--

(a) a company, or

(b) an association.