Transfer of property to corporation
6 Transfer of property to corporation
A person—
who, at the commencement of this Act, holds; or
who, at any time after the commencement of this Act acquires; or
to whom is or has been given, devised, or bequeathed (whether before or after the commencement of this Act);
any real property or personal property in this State upon trust for or on behalf of, or for the benefit of, the Association or any branch thereof or any local association, group, or other body formed under the policy organisation and rules of the Association in this State shall, if so required by the corporation, by notice in writing, transfer, convey or assign that real property or personal property to the corporation, at the cost of the corporation, but subject to any conditions or trusts upon which it is or was held, acquired, given, devised or bequeathed.
Notwithstanding subsection (1), any real property or personal property that is vested in, or held by or on behalf of, or that is given, devised or bequeathed to, a controlled group may, subject to any express trust affecting it, be held in trust for such purposes, and be disposed of in such manner, as the controlling authority of that group may determine.
However, if a controlling authority deals with any real property or personal property in a manner contrary to the conditions and trusts upon which it is held, the corporation may, by notice in writing, require the controlling group by which the controlling authority is appointed, or that controlling authority, to transfer, convey or assign, or to cause to be transferred, conveyed or assigned, that property to the corporation.
A notice under subsection (1) or (2A)—
shall be signed by the State executive officer or other officer of the corporation authorised by the corporation in that behalf; and
shall be deemed to have been received by the person to whom it is addressed at the expiration of the period of 3 days after it has been forwarded to that person by registered post at the person’s usual or last-known place of residence in this State or, if it is addressed to more persons than 1, after it has been so forwarded to any 1 of those persons at the person’s usual or last-known place of residence in this State.
Any person, controlled group or controlling authority to whom or to which a notice under this section is given may apply by summons to a Judge of the Supreme Court for an order that the transfer, conveyance or assignment, of the property to which the notice relates shall be subject to such terms and conditions as the Judge may determine, and the Judge may make such order with respect to the terms and conditions to which the transfer, conveyance or assignment shall be subject as the Judge may think just and equitable, having regard to all the circumstances of the case.
If—
after the giving of a notice under this section any person, controlled group or controlling authority to whom or to which the notice is given fails to execute a transfer or conveyance or an assignment, to the corporation, of the property to which the notice relates; or
a person holds any real property or personal property in this State upon trust for or on behalf of, or for the benefit of, the Association or any branch thereof, or any local association, group, or other body formed under the policy organisation and rules of the Association in this State, and the whereabouts of that person are unknown;
the corporation may apply by summons to a Judge of the Supreme Court for an order directing the registrar of the Supreme Court to execute for or on behalf of that person, controlled group, or controlling authority a transfer or conveyance, or an assignment, of that property to the corporation.
Where a summons is taken out by the corporation pursuant to subsection (5), the Judge by whom the summons is heard may, upon proof to the Judge’s satisfaction that—
the property to which the summons relates is held by any person, controlled group, or controlling authority for or on behalf of, or for the benefit of, the Association or any branch thereof, or any local association, group, or body formed under the policy organisation and rules, of the Association in this State; and
notice under this section requiring that person, controlled group, or controlling authority to transfer, convey or assign, or to cause to be transferred, conveyed or assigned, that property has been given to that person, controlled group or controlling authority by the corporation; and
that person, controlled group or controlling authority has failed to execute or to cause to be executed a transfer or conveyance or an assignment of the property to the corporation, or, as the case may be, that the whereabouts of that person are unknown;
the Judge may, by order, direct the said registrar to execute for or on behalf of that person, controlled group or controlling authority a transfer or conveyance or an assignment of that property to the corporation, and the registrar shall thereupon do all such acts and things, and execute all such instruments, as may be necessary to transfer, convey or assign the property to the corporation, but subject, in the case of real property, to any charge, mortgage, lease, or easement affecting it and to any trust upon which it was held by that person, controlled group or controlling authority.
Any act or thing done or any instrument executed by the registrar pursuant to an order made under subsection (6) shall be deemed to have been done or executed for and on behalf of, and as the duly authorised agent of, the person, controlled group or controlling authority concerned and effect shall be given thereto accordingly.
A person who, in this State, has at any time acquired any property by using the name of the Association, or of any branch thereof, or of any local association, group, or other body formed under the policy organisation and rules of the Association in this State shall, for the purposes of this section, be deemed to be a person who holds that property for or on behalf of, or for the benefit of, the Association or of that branch, local association, group, or other body.
Any liabilities (accrued or accruing) in respect of any real or personal property which hereafter becomes vested in the corporation by operation of this section may thereupon be enforced against the corporation.
Any rights (accrued or accruing) in respect of any real or personal property which hereafter becomes vested in the corporation by operation of this section are hereby vested in the corporation and may be enforced by or in favour of the corporation accordingly.
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