South Australian Consolidated Acts South Australian Consolidated Acts42—Power of Commission to require transfer of activities
(1) Where
the Commission is of the opinion—
(a) that
an incorporated association has ceased to be an association eligible to be
incorporated under this Act; or
(b) that
the undertaking or operations of an incorporated association are being carried
on by a body corporate incorporated under some other Act, or would more
appropriately be carried on by such a body corporate,
it may give notice to the association under this section.
(2) If, within three
months of the date of a notice under subsection (1), the
incorporated association requests the Commission to transfer its undertaking
to a body corporate specified in the request, the Commission may, by
instrument published in the Gazette, order that the undertaking of the
association be transferred accordingly.
(3) On the date
specified in the order under subsection (2)—
(a) the
incorporated association is dissolved; and
(b) the
property of the association becomes the property of the body corporate
referred to in the order; and
(c) the
rights and liabilities of the association (whether certain or contingent)
become rights and liabilities of the body corporate referred to in the order.
(4) The
Registrar-General must—
(a) on
the application of a body corporate in which any estate or interest in real
property has vested by virtue of this section; and
(b) on
production of such duplicate instruments of title and other documents as the
Registrar-General may require,
register the vesting of that estate or interest in land in the body corporate.
(5) The vesting of
property in a body corporate by virtue of this section, and any instrument
evidencing or giving effect to that vesting, are exempt from stamp duty.