Northern Territory Consolidated Acts

ASSOCIATIONS ACT - SECT 68

    (1)     If the Commissioner is satisfied an estate or interest in property of any description (whether held solely or together with another person) of a beneficial nature and not merely held in trust, is vested in him or her under section 67 or a corresponding previous law of the Territory, the Commissioner may sell or otherwise dispose of or deal with the estate or interest or all or part of it as the Commissioner considers appropriate.

    (2)     The Commissioner may sell or otherwise dispose of or deal with the property either solely or in concurrence with another person by public auction, public tender or private contract.

    (3)     The Commissioner may:

        (a)     sell or otherwise dispose of or deal with the property in the manner, for the consideration and on the terms and conditions the Commissioner considers appropriate; and

        (b)     rescind a contract and resell or otherwise dispose of or deal with the property as the Commissioner considers appropriate; and

        (c)     for paragraphs (a) and (b), make, execute, sign and give a contract, instrument or document, as the Commissioner considers appropriate.

    (4)     The Commissioner must be remunerated by the prescribed commission, which may be prescribed as a percentage or otherwise, in relation to the exercise of the powers conferred by subsection (1).

    (5)     The Commissioner must:

        (a)     pay the costs and expenses of and incidental to the exercise of a power under this section; and

        (b)     make payments authorised by this section;

out of money received by the Commissioner in the exercise of a power under this section and must pay the remainder of the money (if any) to the Treasurer.

    (6)     The Treasurer must pay all money paid to him or her under this section into the Northern Territory Government Account.

    (7)     A person claiming to be entitled to an amount paid to the Treasurer under this section may apply to the Supreme Court for an order for payment to him or her of that amount and the Court, if satisfied the person is entitled to the amount, must make an order for payment accordingly.

    (8)     If:

        (a)     an order is made under subsection (7) for payment of money to a person; or

        (b)     the Treasurer is otherwise satisfied a person is entitled to money paid to the Treasurer under this section;

the Treasurer must pay the money to the person.

    (9)     This section does not deprive a person of another right or remedy to which the person is entitled against another person.