(b) the
disposal has been approved at a general meeting of the ordinary members of the
club at which a majority of the votes cast supported the approval, and
(c)
any sale is by way of public auction or open tender conducted by an
independent real estate agent or auctioneer.
(2) If core property is disposed
of by a registered club in contravention of subsection (1), the Secretary may
make an application to the Supreme Court for an order in relation to the
disposition of the property.
(3) In determining an application under
subsection (2), the Supreme Court may make such of the following orders as it
thinks fit if it is of the opinion that the disposal of the core property has
not been generally to the benefit of the members of the registered club--
(a)
an order declaring a contract for the disposal of the property void,
(b)
where the property had been owned by the club when it was disposed of, an
order directing that the property be transferred back to the registered club,
(c) an order directing the payment of an amount or a further amount in
relation to the disposal of the property by the person to whom the club
disposed of the property or any person who benefited from the disposal of the
property,
(d) such other orders as the Supreme Court considers necessary or
appropriate in the circumstances.
(4) The Supreme Court may not make an order
under subsection (3) that, in the opinion of the Supreme Court--
(a) would
unfairly and materially prejudice an interest or right of a person who acted
in good faith and with no reasonable grounds to suspect that the disposal of
the property concerned was in contravention of this Act, or
(b) would result
in the extinguishment of an interest in the property (without proper
compensation) held by a person who had no knowledge that the property had been
disposed of in contravention of this Act or no means of preventing the
disposal of the property.
"core property" of a registered club means any real property owned or occupied
by the club that comprises--
(a) the premises of the club, or
(b) any
facility provided by the club for the use of its members and their guests, or
(c) any other property declared, by a resolution passed by a majority of the
members present at a general meeting of the ordinary members of the club, to
be core property of the club,
but does not include any property referred to in
paragraphs (a)-(c) that is declared, by a resolution passed by a majority of
the members present at a general meeting of the ordinary members of the club,
not to be core property of the club.
"dispose" of property means to sell, lease or licence the property or to
otherwise deal with the property in such manner as may be prescribed by the
regulations.
"non-core property" of a registered club means any real property owned or
occupied by the club that is not core property.
"qualified valuer" means a person who--
(a) has membership of the Australian
Valuers Institute (other than associate or student membership), or
(b) has
membership of the Australian Property Institute (other than student or
provisional membership) acquired in connection with his or her occupation as a
valuer, or
(c) has membership of the Royal Institution of Chartered Surveyors
as a chartered valuer, or
(d) is of a class of persons prescribed by the
regulations.
