South Australian Consolidated Acts

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SOUTH AUSTRALIAN CO-OPERATIVE AND COMMUNITY HOUSING ACT 1991 - SECT 68

68—Paying out the charge

        (1)         Where—

            (a)         investment shares have been issued in relation to property that is subject to a charge under this Division (whether the shares were issued before or after the creation of the charge); and

            (b)         the value of those shares equals (or exceeds) the capital value of the property; and

            (c)         SAHT holds the amount or amounts paid on those shares; and

            (d)         application is made to SAHT in accordance with the regulations for the discharge of the charge; and

            (e)         SAHT is paid any amount that is payable to discharge the charge under the agreement secured by the charge,

then—

            (f)         the charge will be taken to be cancelled; and

            (g)         SAHT must deliver an appropriate notice of cancellation to the Registrar-General; and

            (h)         notwithstanding the other provisions of this Act, the Minister ceases to be liable to make any payment in relation to the shares when those shares are redeemed or cancelled.

        (2)         For the purposes of subsection (1), if investment shares have been issued in relation to the real property of the co-operative generally, the shares will be taken to have been divided up between the pieces of real property owned by the co-operative at the time of the issue according to their relative values and issued on that basis in respect of particular pieces of property.

        (3)         On receipt of a notice under subsection (1), the Registrar-General must make the appropriate entries in the Register Book to give effect to the cancellation of the charge.



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