112 Orders regarding application or distribution of net proceeds

(1)

The Secretary may apply for orders in accordance with subsections (2) and (3) if—

(a)

a corporate society ceases to conduct class 4 gambling, whether temporarily or permanently; or

(b)

a corporate society fails to apply or distribute net proceeds from class 4 gambling within a time period prescribed by regulations made under section 114; or

(c)

the Secretary considers that it is necessary in order to recover net proceeds from class 4 gambling that have been improperly paid to a person.

(2)

An application for an order must be made to—

(a)

the High Court if the net proceeds from class 4 gambling are, or are estimated to be, more than $350,000; or

(b)

the District Court if the net proceeds from class 4 gambling are, or are estimated to be, $350,000 or less.

(3)

On application by the Secretary under this section, the High Court or the District Court may—

(a)

make whatever orders are necessary to recover an amount improperly paid out, applied, or distributed; or

(b)

order the application or distribution of an amount not yet applied or distributed.

Section 112(2)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 112(2)(b): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).