Northern Territory Numbered Acts

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RACING AND WAGERING ACT 2024 (NO 8 OF 2024) - SECT 68

Dissolution if deregistered

    (1)     A race club that is no longer registered must take all reasonable steps to dissolve itself in accordance with:

    (a)     its constitution; and

    (b)     this Act; and

    (c)     any other law applicable to the dissolution.

    (2)     If there is an inconsistency between the constitution of a race club in relation to its dissolution and this Act, this Act prevails to the extent of the inconsistency.

    (3)     The Commission may, in writing, allow a race club to postpone its dissolution for a period not exceeding 12 months from the date on which the club ceased to be registered if satisfied that:

    (a)     the financial records of the race club are adequate and accurate; and

    (b)     the assets of the race club are secure.

    (4)     The Commission may allow a race club further postponements of its dissolution for:

    (a)     subsequent periods not exceeding 6 months at a time; or

    (b)     an indefinite period specified by the Commission if the race club and its officers or members caused no delay in the race club's dissolution.

    (5)     If a race club fails to complete its dissolution within the period required under this section, on the day after the period expires:

    (a)     the race club is automatically dissolved; and

    (b)     the assets of the race club are forfeited to the Territory.

    (6)     Subject to any Act of the Commonwealth, a thing forfeited to the Territory under this Act becomes the public property of the Territory and extinguishes all other interests in the thing.

Notes for subsection (6)

1     The Personal Property Securities Act 2009 (Cth) protects security interests in goods.

2     The sale and disposal of public property is also governed by the Financial Management Act 1995.

    (7)     Any amount realised from the forfeited assets of a race club must be paid as follows:

    (a)     first for the payment of all debts and liabilities, if any, of the race club;

    (b)     second for any reasonable expenses incurred by the race control body in relation to the dissolution of the race club;

    (c)     any remaining balance to the Territory.



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