Northern Territory Consolidated Acts

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RACING AND BETTING ACT 1983 - SECT 38

Dissolution of registered club

    (1)     Subject to this section, a club that has ceased to be registered by a control body shall promptly take such steps and do such acts and things as are provided by the club's constitution, the Rules of Racing, Rules of Trotting or Greyhound Racing Rules 1981 , as the case may be, and the Act with a view to the dissolution of that club.

    (2)     Where there is an inconsistency between the constitution of a club referred to in subsection (1), the appropriate Rules or this Act, to the extent of that inconsistency the Rules shall prevail over the club's constitution and this Act shall prevail over the Rules and the club's constitution.

    (3)     Where, for reasons accepted by the Commission, it is inappropriate to proceed immediately to dissolution of a club referred to in subsection (1), the control body to which that club was subject, upon being satisfied as to the adequacy and accuracy of books and accounts kept by the club and the security of the club's assets, may grant to the club, in writing, approval to postpone dissolution for a period, in the first instance, not exceeding 12 months from the date on which the club ceased to be registered by the control body.

    (4)     In the case of:

        (a)     a race club – with the prior approval of the Commission, a principal club; or

        (b)     a club referred to in subsection (1) – the Commission,

may grant to the club further postponements of its dissolution, subject to subsection (5), for a period not exceeding in any case 6 months.

    (5)     Where the Commission is satisfied that extenuating circumstances prevail and no omission or neglect by the committee, a member, officer or agent of a club referred to in subsection (1) contributed to the delay in completing the dissolution of the club, the Commission may grant such extension of time as it thinks fit.

    (6)     A club referred to in subsection (1) that has failed to complete dissolution within 6 months after the date upon which that club ceased to be registered, or within such longer period as is approved under subsection (3) or (4) by the control body or granted under subsection (5) by the Commission, shall be deemed to be dissolved immediately upon the expiration of such period or periods, as the case may be, and, notwithstanding section 26, the assets of that club shall not thereafter be dealt with or disposed of in a manner other than expressly provided in subsection (7).

    (7)     The assets of a club to which subsection (6) applies shall, immediately upon the deemed dissolution of the club, devolve upon and vest in the Minister who may direct that such assets, after realization to the extent approved by him and after the payment of all debts and liabilities, if any, of the club, shall be paid or delivered or transferred to him to be held in trust for distribution at some later date to or amongst, as he thinks fit:

        (a)     the Central Holding Authority; or

        (b)     where the club was a race club:

            (i)     the principal club exercising jurisdiction in the locality of the dissolved club, to be used for such purposes as it thinks fit; or

            (ii)     a club that holds or commences to hold race meetings in the same locality as that in which the dissolved club operated; or

        (c)     where the club was not a race club:

            (i)     the Commission, to be used for such purposes as it thinks fit; or

            (ii)     a registered club that holds or commences to hold meetings in the same locality as the dissolved club; or

        (d)     for such other purposes as he thinks fit.

    (8)     Upon the dissolution or deemed dissolution of a club pursuant to subsection (1), (3) or (6), the control body to which the club was subject shall be responsible to the Minister for the lawful and effective conclusion of that dissolution and may take such steps and do such acts and things as are necessary and lawfully permissible to achieve a proper dissolution.



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