State Sport Centres Act 1994

Version No. 022

State Sport Centres Act 1994

Act No. 117/1994

Version incorporating amendments as at 20 October 2004

table of provisions

Section Page

Part 1—Preliminary 1

1. Purposes 1

2. Commencement 2

3. Definitions 2

4. Repealed 3

Part 2—State Sport Centres Trust 4

5. Establishment of Trust 4

6. Functions of Trust 4

6A. Minister may give directions to Trust 6

6B. Minister must approve carrying out of certain functions 6

7. Powers of Trust 6

8. Trust represents the Crown 6

9. Repealed 6

10. Members of the Trust 7

11. Terms and conditions of appointment 7

12. Chairperson 8

13. Vacancies 8

14. Temporary vacancies 8

15. Trust may act despite vacancy etc. 9

16. Pecuniary and other interests of members 9

17. Meetings 10

18. Resolutions without meetings 10

19. Immunity 11

20. Chief executive officer and other staff 11

21. Delegation 12

Part 3—Particular Powers of the Trust 13

Division 1—Management Powers 13

22. Power to manage the Centre and land 13

23. Reciprocal arrangements with public sector agencies 13

Division 2—Melbourne Sports and Aquatic Centre Land 14

24. Albert Park land 14

25. Trust may enter into agreements to operate services and facilities 15

25A. Trust to manage Melbourne Sports and Aquatic Centre land 16

25B. Powers to enter into leases 16

25C. Power to grant licences over Melbourne Sports and Aquatic Centre land 18

26. No compensation payable 19

26AA. Management powers over additional land 19

Division 3—State Netball and Hockey Centre land 20

26A. Trust to manage State Netball and Hockey Centre land 20

26B. Powers to enter into leases 20

26C. Power to grant licences over State Netball and Hockey Centre land 22

26D. State Netball and Hockey Centre Advisory Committee 23

26E. Function of State Netball and Hockey Centre Advisory Committee 24

26F. Procedure 24

Division 4—Additional Melbourne Sports and Aquatic Centre land 24

26G. Revocation of reservations—Distance Education Centre land
and former railway land 24

26H. Additional land included in Albert Park as Melbourne Sports
and Aquatic Centre land 25

26I. Registrar of Titles to make necessary amendments 26

Part 4—Finances and Reporting 27

27. Borrowing and investment powers 27

28. State Sports Centres Fund 27

28A. The Melbourne Sports and Aquatic Centre Account 27

28B. The State Netball and Hockey Centre Account 29

29. Accounts 30

30. Business plan 30

Part 5—General 32

31. Supreme Court—limitation of jurisdiction 32

32. Regulations 32

33. By-laws 35

34. Proceedings for offences 36

35. Repealed 36

Part 6—Transitional Provisions 37

36. References to Act 37

37. Change in name of Trust 37

38. Saving of certain matters in respect of State Netball and Hockey Centre 38

39. Application of Project Development and Construction Management Act 1994 38

40. Transitional provisions—State Sport Centres (Amendment) Act 2004 40

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SCHEDULES 41

SCHEDULE 1—Melbourne Sports and Aquatic Centre Land 41

SCHEDULE 2—Former Distance Education Centre Land 42

SCHEDULE 3—Former Railway Land 43

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ENDNOTES 44

1. General Information 44

2. Table of Amendments 45

3. Explanatory Details 47

Version No. 022

State Sport Centres Act 1994

Act No. 117/1994

Version incorporating amendments as at 20 October 2004

Part 3—Particular Powers of the Trust

State Sport Centres Act 1994

Act No. 117/1994

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1. Purposes

The purposes of this Act are—

S. 1(a) amended by No. 60/1999 s.5(1).

(a) to establish a State Sport Centres Trust;

(b) to provide for the construction, management and operation of a Melbourne Sports and Aquatic Centre;

(d) to provide for the use of the Melbourne Sports and Aquatic Centre land;

S. 1(e)
inserted by No. 60/1999 s.5(2).

(e) to provide for the management, promotion, operation and use of the State Netball and Hockey Centre;

S. 1(f)
inserted by No. 60/1999 s.5(2).

(f) to provide for the use of the State Netball and Hockey Centre land;

S. 1(g)
inserted by No. 60/1999 s.5(2).

(g) to provide for the planning, development, management, promotion, operation and use of other sports, recreation and entertainment facilities and services in Victoria.

2. Commencement

s. 2

(1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.

(2) Subject to sub-section (3) the remainder of this Act comes into operation on a day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does not come into operation within the period of 12months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

3. Definitions

S. 3 def. of "Albert Park" insertedby No. 70/2004 s.4(a).

"Albert Park" has the same meaning as it has in the Australian Grands Prix Act1994;

S. 3 def. of "Centre" repealed by No. 60/1999 s.6(a).

* * * * *

S. 3 def. of "gaming" substitutedby No. 114/2003 s.12.1.3(Sch. 6 item12), repealedby No.70/2004 s.4(c).

* * * * *

S. 3 def. of "Melbourne Sports and Aquatic Centre" inserted by No. 60/1999 s.6(b), amendedby No.70/2004 s.4(d).

"Melbourne Sports and Aquatic Centre" means the facility or facilities for the purposes of sporting, education, recreational, social, entertainment and related purposes known as the Melbourne Sports and Aquatic Centre constructed by the Trust on Melbourne Sports and Aquatic Centre land;

S. 3 def. of "Melbourne Sports and Aquatic Centre land" substituted by Nos 68/1997
s. 3(1), 57/2001 s. 62, 70/2004 s.4(b).

"Melbourne Sports and Aquatic Centre land" means the land shown hatched in the plan in Schedule 1;

"member" in relation to the Trust, includes the chairperson and deputy chairperson of the Trust;

S. 3 def. of "State Netball and Hockey Centre" inserted by No. 60/1999 s.6(b).

"State Netball and Hockey Centre" means the facility or facilities for the purposes of sport, recreation, entertainment or social activities and related purposes constructed on the State Netball and Hockey Centre land;

S. 3 def. of "State Netball and Hockey Centre land" inserted by No. 60/1999 s.6(b).

"State Netball and Hockey Centre land" means the land shown hatched on the plan in Schedule 2 to the Royal Park Land Act 1999;

s. 3

S. 3 def. of "stratum" inserted by No. 60/1999 s.6(b).

"stratum" means a part of land consisting of a space of any shape above or below or partly above and partly below the surface of the land, all the dimensions of which are limited;

S. 3 def. of "Trust" amended by No. 60/1999 s.6(c).

"Trust" means the State Sport Centres Trust established by this Act.

S. 4
repealed by No. 68/1997
s. 3(2).

* * * * *

______

Pt 2 (Heading) substituted by No. 60/1999 s.7.

Part 2—State Sport Centres Trust

5. Establishment of Trust

s. 5

S. 5(1) amended by No. 60/1999 s.8.

(1) There is established by this Act a Trust to be known as the State Sport Centres Trust.

(2) The Trust—

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all acts and things which by law bodies corporate may do or suffer.

(3) The common seal of the Trust must be kept as directed by the Trust and may only be used as authorised by the Trust.

(4) All courts, judges and persons acting judicially must take judicial notice of the common seal of the Trust affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

6. Functions of Trust

The functions of the Trust are to provide for all or any of the following matters—

S. 6(a) amendedby No.70/2004 s.5(1).

(a) the planning, design and construction of a facility to be known as the Melbourne Sports and Aquatic Centre to be used for sporting, education, recreational, social, entertainment and related purposes;

S. 6(b) amended by No. 60/1999 s.9(a).

(b) the management, operation and maintenance of the Melbourne Sports and Aquatic Centre and the State Netball and Hockey Centre;

S. 6(c) amended by No. 60/1999 s.9(b).

(c) the care, improvement, use and promotion of the Melbourne Sports and Aquatic Centre and the State Netball and Hockey Centre;

S. 6(d) amended by No. 60/1999 s.9(c).

(d) the efficient financial management of the Melbourne Sports and Aquatic Centre and the State Netball and Hockey Centre;

S. 6(da) inserted by No. 60/1999 s.9(d).

(da) the care, protection and management of the State Netball and Hockey Centre land;

s. 6

S. 6(dab) insertedby No.70/2004 s.5(2).

(dab) the care, protection and management of the Melbourne Sports and Aquatic Centre land, including maintaining that land and the facilities on that land to a standard that complements Albert Park;

S. 6(db) inserted by No. 60/1999 s.9(d).

(db) subject to this Act, the planning, development, management, promotion, operation and use of other sports, recreation and entertainment facilities and services in Victoria;

S. 6(dc) inserted by No. 60/1999 s.9(d).

(dc) the development, management, promotion, operation and use of facilities and services for the parking of vehicles and other necessary services to be used in conjunction with any of the facilities or services managed or operated by the Trust;

S. 6(dd) insertedby No.19/2003 s.32(1), amendedby No.70/2004 s.5(3).

(dd) to carry out any other function conferred on or given to the Trust by or under this Act or any other Act;

(e) to accept appointment and act as a committee of management of Crown lands.

S. 6A
inserted by No. 60/1999 s.10.

6A. Minister may give directions to Trust

s. 6A

(1) The Minister may give the Trust directions in relation to the carrying out of its functions under this Act.

(2) The Trust must comply with the directions of the Minister in carrying out its functions under this Act.

S. 6B
inserted by No. 60/1999 s.10.

6B. Minister must approve carrying out of certain functions

The Trust must obtain the written approval of the Minister before carrying out any of its functions or exercising any of its powers under this Act with respect to land, facilities or services other than the Melbourne Sports and Aquatic Centre, the State Netball and Hockey Centre, the Melbourne Sports and Aquatic Centre land or the State Netball and Hockey Centre land.

7. Powers of Trust

(1) The Trust has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

(2) For the purpose of achieving its functions, the Trust also has the powers listed in Parts 3 and 4, but these powers do not limit its general powers.

8. Trust represents the Crown

In performing its functions and exercising its powers and duties under this Act, the Trust represents the Crown.

S. 9
repealed by No. 60/1999 s.11.

* * * * *

10. Members of the Trust

The Trust shall consist of not less than 5, and not more than 7, part-time members appointed by the Governor in Council having regard to their capacity to carry out the functions of the Trust and having qualifications and experience that the Governor in Council considers appropriate.

11. Terms and conditions of appointment

s. 10

(1) A member of the Trust may be appointed for any term not exceeding 3 years specified in the instrument of appointment but, subject to sub-section (2), is eligible for re-appointment.

(2) A person who has been a member of the Trust for 9 consecutive years ceases to hold office and is not eligible for re-appointment unless—

(a) the person is, or immediately before the expiry of the ninth consecutive year the person was, the chairperson; or

(b) a period of 3 years or more has elapsed since the person last was a member of the Trust.

(3) A member of the Trust is entitled to be paid any remuneration or travelling or other allowances fixed for that member from time to time by the Governor in Council.

S. 11(4) amended by No. 46/1998
s. 7(Sch. 1).

(4) The Public Sector Management and Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to a member of the Trust in respect of the office of member.

(5) A member is appointed subject to any other terms and conditions that are specified in the instrument of appointment.

12. Chairperson

(1) The Minister must appoint one of the members as chairperson of the Trust and may appoint another of the members as deputy chairperson of the Trust.

(2) The chairperson and deputy chairperson may resign their office by notice in writing delivered to the Minister.

13. Vacancies

s. 12

(1) A member may resign by notice in writing signed by the member and delivered to the Minister.

(2) The office of a member becomes vacant—

(a) if the member becomes bankrupt; or

(b) if the member is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or

14. Temporary vacancies

(1) If the office of a member of the Trust is vacant or a member of the Trust is unable, whether because of illness or otherwise, to perform the duties of office of member, the Minister may appoint a person to act as a member while the office is vacant or during that period of inability.

(2) A person appointed to act as a member of the Trust has, while so acting, the rights, powers and duties of the member for whom he or she acts.

(3) A person appointed to act as a member is entitled to receive any remuneration, travelling and other allowances fixed for that member by the Minister.

15. Trust may act despite vacancy etc.

An act or decision of the Trust is not invalid only because of—

(a) a defect or irregularity in or in connection with the appointment of a member; or