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AUSTRALIAN JOCKEY AND SYDNEY TURF CLUBS MERGER ACT 2010 - SECT 8
Recognition of merger
8 Recognition of merger
(1) The Minister may, by order published in the Gazette, declare a company to
be the merged racing club for the purposes of this Act.
(2) The Minister may
make an order under subsection (1) in relation to a company only if the
following pre-conditions are met: (a) the company is taken under section 119A
of the Corporations Act to be registered in the State,
(b) a copy of the
constitution of the company has been provided to the Minister,
(c) the
Minister is satisfied that the constitution of the company includes the
mandatory corporate governance provisions.
(3) The Minister may specify a day
as the merger finalisation day for the purposes of this Act: (a) in an order
made under subsection (1), or
(b) by a subsequent order published in the
Gazette.
(4) The day on which a declaration made by an order under subsection
(1) takes effect is the day on which the order is published in the Gazette or
such later day as may be specified in the order.
(5) The only limits on the
jurisdiction of the Minister to make orders under this section are: (a) in
relation to the making of an order under subsection (1)--that the
pre-conditions for the making of the order set out in subsection (2) are met,
and
(b) in relation to the making of an order under subsection (3) (b)--that
an order under subsection (1) has previously been made.
(6) The making of an
order under this section cannot be challenged, reviewed or called into
question in proceedings before any court or tribunal except on the grounds
that the making of the order exceeds the jurisdictional limits specified by
subsection (5) for the making of such an order.
Club specified as the
merged racing club: Australian Turf Club Limited ACN 148 157 288. See Gazette
No 12 of 4.2.2011, p 543.
Day specified as the merger finalisation day: 7.2.2011. See Gazette No 12 of
4.2.2011, p 543.
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