Gambling Act 2003

Gambling - Licensing of class 4 gambling - Net proceeds and costs of class 4 gambling

112: Orders regarding application or distribution of net proceeds

You could also call this:

"Rules for fixing mistakes with gambling money"

The Secretary can ask for orders if a corporate society stops doing class 4 gambling, or if it does not use or give out the money it makes from class 4 gambling on time. The Secretary can also ask for orders if they think money from class 4 gambling was paid to the wrong person. You need to know that the Secretary must ask the High Court or the District Court for these orders. The High Court or the District Court can then make orders to get back money that was paid out wrongly, or to make a corporate society use or give out money it has not used yet, and this is done according to regulations made under section 114. The Secretary asks the High Court if the money is more than $350,000, or the District Court if it is $350,000 or less. The court can make orders to recover money that was paid out, used, or given out wrongly, or to use or give out money that has not been used yet.

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111: Application or distribution of net proceeds when corporate society ceases class 4 gambling, or

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Part 2Gambling
Licensing of class 4 gambling: Net proceeds and costs of class 4 gambling

112Orders regarding application or distribution of net proceeds

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

  2. a corporate society ceases to conduct class 4 gambling, whether temporarily or permanently; or
    1. 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
      1. 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.
        1. An application for an order must be made to—

        2. the High Court if the net proceeds from class 4 gambling are, or are estimated to be, more than $350,000; or
          1. the District Court if the net proceeds from class 4 gambling are, or are estimated to be, $350,000 or less.
            1. On application by the Secretary under this section, the High Court or the District Court may—

            2. make whatever orders are necessary to recover an amount improperly paid out, applied, or distributed; or
              1. order the application or distribution of an amount not yet applied or distributed.
                Notes
                • Section 112(2)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 112(2)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).