Western Australian Current Acts

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134 .         Position where conditions attached to grant

        (1)         In this section —

        body includes a public authority;

        public authority means —

            (a)         Minister of the State or the Commonwealth; or

            (b)         a government department, agency or organisation of the State or the Commonwealth; or

            (c)         a body, corporate or unincorporated, that is established or continued for a public purpose by the State or the Commonwealth, regardless of the way it is established; or

            (d)         a local government or regional local government;

        relevant contract means a contract as to the manner in which property referred to in subsection (2), or any part of the property, is to be dealt with if an incorporated association is wound up or its incorporation is cancelled.

        (2)         Where property has been provided to an incorporated association by any body, a distribution plan in respect of the association must give effect to any relevant contract that has been made between the association and the body.

        (3)         Subsection (2) —

            (a)         applies only if, and to the extent that, the contract is binding on the association; and

            (b)         does not apply if, or to the extent that, the body concerned agrees otherwise.

        (4)         Subject to subsection (2), property of the association consisting of property provided by a public authority, must be returned to —

            (a)         the public authority that provided the property; or

            (b)         a body nominated by that public authority.

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