52A Circumstances in which corporate society may apply net proceeds to authorised purpose

(1)

A corporate society may apply some or all of its net proceeds to an authorised purpose only if the Secretary is satisfied that the corporate society’s primary activity is itself an authorised purpose and the conduct of gambling by the corporate society is only incidental to that activity.

(2)

When considering whether subsection (1) applies to a corporate society, the Secretary may take the following into account:

(a)

whether the corporate society can demonstrate a significant history of carrying out activities that are authorised purposes; and

(b)

whether the corporate society’s governing document is consistent with the corporate society having a primary objective of carrying out activities that are authorised purposes.

(3)

When considering whether subsection (1) applies to a corporate society that is a club, the Secretary may also take the following into account:

(a)

whether the club has, or had before merging under section 95, a significant history of operating as a club for club purposes; and

(b)

whether the club has substantial active membership.

Section 52A: inserted, on 3 March 2015, by section 29 of the Gambling Amendment Act 2015 (2015 No 3).