Associations Incorporation Act 2009

In a winding up of an association, the surplus property of the association must be distributed in accordance with the following—

if the constitution of the association contains provisions addressing the distribution of surplus property—the constitution of the association,

if paragraph (a) does not apply—a special resolution passed by the association,

if paragraph (a) does not apply and the association has not or cannot pass a special resolution—a direction of the Secretary.

Subject to subsection (3), the distribution of surplus property of an association—

must not be made to, or for the benefit of—

a member or former member of the association, or

a person to be held on trust for a member or former member of the association, and

is subject to any trust affecting the property or a part of the property, and

must be approved by the Secretary unless the property is distributed in accordance with a direction of the Secretary.

Surplus property that is property supplied by a government department or public authority, including an unexpended portion of a grant, if any, must be returned—

to the department or authority that supplied it, or

to a body nominated by the department or authority.

A person aggrieved by the operation of this section in relation to an association’s surplus property may apply to the Supreme Court for an order as to its disposal.

The Supreme Court may deal with an application by making the orders it thinks fit in relation to the disposal of the association’s surplus property.

In this section—

an entity or organisation, whether incorporated or unincorporated, and

at the time of the distribution, prohibited from distributing property to its members.