Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 36F

Vesting of property after cancellation

36F. Vesting of property after cancellation





(1) If the incorporation of an association is cancelled under Subdivision 1-

   (a)  the property of the incorporated association vests in the Registrar;
        and





   (b)  the Registrar may-

   (i)  give any directions as the Registrar thinks just for or with respect
        to the payment of the debts and liabilities of the incorporated
        association, the distribution of its assets and the winding up of its
        affairs; and

   (ii) appoint a person for the purpose of investigating the affairs of the
        incorporated association with a view to the realisation of its assets,
        payment of debts, discharge of its liabilities, distribution of its
        assets and winding up of its affairs; and

   (iii) if the Registrar is not able to arrange for the distribution of any
        property vested in the Registrar under this section, sell or otherwise
        dispose of or deal with that property; and

   (iv) deduct any costs incurred by the Registrar under this section in
        relation to the incorporated association from the sale or disposal of
        the property vested in the Registrar; and

   (v)  do all such other acts and things as are reasonably necessary to be
        done for the purpose of the exercise of the Registrar's powers under
        this section.

(2) This section does not apply to an incorporated association which had been
wound up or commenced to be wound up before the cancellation.

(3) The Registrar must pay into the Consolidated Fund any amount received from
the sale or disposition of property under subsection (1)(b)(iii), after
deduction of costs.

(4) Any person who claims an entitlement to any money paid into the
Consolidated Fund under this section may apply to the Supreme Court for an
order for payment of that amount to the person.

(5) Any amount ordered to be paid to a person under subsection (4) shall be
paid out of the Consolidated Fund (which is hereby to the necessary extent
appropriated accordingly).