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WEST BEACH RECREATION RESERVE ACT 1987 - SECT 22

WEST BEACH RECREATION RESERVE ACT 1987 - SECT 22

22—Dividends

        (1)         The Trust must, before the end of each financial year, recommend by writing to the Treasurer, that the Trust pay a specified dividend, or not pay a dividend, for that financial year, as the Trust considers appropriate.

        (2)         The Treasurer may, after consultation with the Minister, by notice in writing to the Trust—

            (a)         approve a recommendation of the Trust under subsection (1); or

            (b)         determine that a dividend specified by the Treasurer be paid, or that no dividend be paid,

as the Treasurer considers appropriate.

        (3)         The Trust must, if so required by the Treasurer by notice in writing to the Trust at any time during a financial year, recommend by writing to the Treasurer that a specified interim dividend or specified interim dividends be paid by the Trust for that financial year, or that no such dividend or dividends be paid by the Trust, as the Trust considers appropriate.

        (4)         The Treasurer may, after consultation with the Minister, by notice in writing to the Trust—

            (a)         approve a recommendation of the Trust under subsection (3); or

            (b)         determine that an interim dividend or interim dividends specified by the Treasurer be paid, or that no interim dividend be paid,

as the Treasurer considers appropriate.

        (5)         Any determination relating to whether a dividend should be paid under this section and, if so, the amount of any dividend must take into account the nature and scope of any non-commercial operations of the Trust, and any funding requirements or arrangements associated with those operations.

        (6)         If a dividend or interim dividend or dividends is or are to be paid by the Trust, the dividend or dividends must be paid to the Treasurer in the manner and at the time or times determined by the Treasurer after consultation with the Minister.

        (7)         If the Treasurer receives an amount from the Trust under this section, the Treasurer may, after consultation with the Minister—

            (a)         allocate that amount, or a part of that amount, in a manner determined by the Treasurer; or

            (b)         pay that account, or a part of that amount, for the credit of the Consolidated Account.

        (8)         A recommendation under this section must be made by the Trust itself and may not be made by a person, committee or other body under a delegation.