Version No. 034
Melbourne and Olympic Parks Act 1985
Act No. 10206/1985
Version incorporating amendments as at 1 July 2003
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1.Short title
2.Commencement
3.Purposes of this Act
4.Definitions
Part 2—Constitution of the Trust
5.Establishment of Trust
6.Powers and functions
7.Further powers
8.Membership
9.Membership not an office of profit
10.Terms of office
11.Resignation and Removal
12.Chairperson
13.Acting member
14.Payment of members
15.Procedure of Trust
16.Convening of meetings
16A.Effect of vacancy or defect
16B.Member's pecuniary interest
16C.Immunity
16D.Staff
16E.Delegation
16F.Business plan
Part 3—Repealed14
16G–16J. Repealed14
Part 4—Financial and General Provisions
17.Melbourne and Olympic Parks Trust Fund
17A.Repealed
18.Borrowing and investment powers
18A–21. Repealed
22.Regulations
22A.Powers of removal
22B.Proceedings for offences
Part 5—Melbourne Park
23.Power to excise an area to be surveyed from Flinders Park
24.Power to excise an area to be surveyed from Yarra Park
25.Power to excise an area to be surveyed from the Public Park Reserve
25A.Divesting and reservation of railway land
25B.Further power to excise area to be surveyed from Flinders Park
25C.Further power to excise area to be surveyed from Yarra Park
25D.Further power to excise area to be surveyed from the Public Park Reserve
25E.Power to excise additional area from Yarra Park
25F.Power to excise additional area from Public Park Reserve
26.No compensation payable by Crown
26A.Supreme Court—limitation of jurisdiction
27.Total area of excisions
28.Obligations of Registrar of Titles
29.Power to enter and use reserved lands
30.Transitional provision
Part 6—Olympic Park Land
31.Olympic Park Reservation
31A.Revocation of part of Melbourne City Link Reservation and reservation as Olympic Park land
31B.Reservation of former City Link land
32.Registrar of Titles to make necessary amendments to Register
Part 7—Transitionals
33.Abolition of Funds and transitional
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SCHEDULE
Part 1—Lands as to part of which the Reservations and Crown
Grant are revoked by this Act
Part 2—Land in the City of Melbourne
Part 3—Extension of National Tennis Centre Reserve
Part 4—Extension of National Tennis Centre Reserve
Part 4A—National Tennis Centre Reserve
Part 5—Land as to which reservations are affected by Part 6 of thisAct
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 034
Melbourne and Olympic Parks Act 1985
Act No. 10206/1985
Version incorporating amendments as at 1 July 2003
An Act to establish a National Tennis Centre Trust to administer a national tennis centre and for other purposes.
1
Melbourne and Olympic Parks Act 1985
Act No. 10206/1985
The Parliament of Victoria enacts as follows:
Pt 1 (Heading) inserted by No. 34/1995 s.4.
Part 1—Preliminary
S. 1
amended by No. 34/1995 s.5.
1.Short title
This Act may be cited as the Melbourne and Olympic ParksAct 1985.
2.Commencement
This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
3.Purposes of this Act
The purposes of this Act are—
S. 3(a) substituted by No. 34/1995 s.6,
amended by No. 56/1997
s. 3(a).
(a)to create a Melbourne and Olympic Parks Trust to administer the National Tennis Centre, Olympic Park and certain other land and facilities for the purposes of tennis, other sports, recreation and entertainment; and
S. 3(b) substituted by No. 34/1995 s.6.
(b)to provide for the management and operation of the National Tennis Centre and Olympic Park; and
S. 3(c) substituted by No. 34/1995 s.6,
amended by No. 56/1997
s 3(b).
(c)to provide for the use and promotion of the National Tennis Centre and Olympic Park; and
S. 3(d) inserted by No. 56/1997
s. 3(b).
(d)to provide for the development, promotion, management, operation and use of sports, recreation and entertainment facilities and services in Victoria in addition to those at the National Tennis Centre and Olympic Park.
4.Definitions
s. 4
In this Act unless inconsistent with the context or subject-matter—
S. 4 def. of "association" repealed by No. 56/1997
s. 6(2).
*****
S. 4 def. of "centre" repealed by No. 34/1995 s.7(b).
*****
S. 4 def. of "Melbourne Park"
inserted by No. 34/1995 s.7(a).
"Melbourne Park" includes the national tennis centre land;
S. 4 def. of "member" amended by No. 34/1995 s.7(c).
"member" means a member of the Melbourne and Olympic Parks Trust and includes the chairperson and a person appointed to act as a member or chairperson;
S. 4 def. of "National Tennis Centre" inserted by No. 34/1995 s.7(a).
"National Tennis Centre" means the national tennis centre land at Melbourne Park and the facilities for the purposes of tennis, other sports, recreation and entertainment on that land;
S. 4 def. of "national tennis centre land" amended by Nos 90/1994 s.3, 42/1998
s. 4.
"national tennis centre land" means the land excised under sections 23, 24 and 25 and land reserved under sections 25A, 25B, 25C, 25D, 25E and 25F;
S. 4 def. of "Olympic Park"
inserted by No. 34/1995 s.7(a).
"Olympic Park" means the olympic park land and the facilities for the purposes of sport, recreation and entertainment on that land;
S. 4 def. of "Olympic Park land"
inserted by No. 34/1995 s.7(a), amended by No. 50/1998 s.41, substituted by No. 81/2000 s.41.
"Olympic Park land" means so much of the land that is described in Part 5 of the Schedule as is shown as—
(a)parcels A, B and C; and
s. 4
(b)a sport recreation and entertainment reserve—
in the plan numbered LEGL./00–24 lodged in the Central Plan Office of the Department of Natural Resources and Environment;
S. 4 def. of "Trust" amended by No. 34/1995 s.7(d).
"Trust" means the Melbourne and Olympic Parks Trust established by this Act.
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Pt 2 (Heading) inserted by No. 34/1995 s.8.
Part 2—Constitution of the Trust[1]
S. 5 substituted by No. 34/1995 s.8.
5.Establishment of Trust[2]
s. 5
(1)There is established a Trust to be called the Melbourne and Olympic Parks Trust.
(2)The Trust—
(a)is a body corporate with perpetual succession; and
(b)has a common seal; and
(c)may sue and be sued in its corporate name; and
(d)may acquire, hold and dispose of real and personal property; and
(e)may do and suffer all acts and things that a body corporate may, by law, do and suffer.
(3)The common seal must be kept as directed by the Trust and must not be used except as authorised by the Trust.
(4)All courts must take judicial notice of the seal of the Trust on a document and, until the contrary is proved, must presume that the document was properly sealed.
S. 6
amended by No. 73/1986 s.4(a), substituted by No. 34/1995 s.8.
6.Powers and functions
(1)The Trust has the following functions—
(a)to be responsible for the care, improvement, use and promotion of the National Tennis Centre and Olympic Park as facilities for tennis, other sports, recreation and entertainment;
(b)to operate the National Tennis Centre and Olympic Park efficiently and effectively to obtain the best possible use of the facilities;
(c)to provide planning for the operation of the National Tennis Centre and Olympic Park which is co-ordinated between the two facilities;
(d)to be responsible for proper financial management of the National Tennis Centre and Olympic Park;
S. 6(1)(e) substituted by No. 56/1997
s. 4(1).
(e)to provide for the planning, development, promotion, management, operation and use of other sports, recreation and entertainment facilities and services in Victoria; and
S. 6(1)(f) substituted by No. 56/1997
s. 4(1).
(f)to provide for the development, promotion, management, 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 operated or managed by the Trust; and
s. 6
S. 6(1)(g) inserted by No. 56/1997
s. 4(1), amended by No.19/2003 s.31(a).
(g)to accept appointment and act as a committee of management of Crown lands; and
S. 6(1)(h) insertedby No.19/2003 s.31(b).
(h)to carry out any other function conferred on or given to the Trust by or under any other Act.
S. 6(1A) inserted by No. 56/1997
s. 4(2).
(1A)The Trust must not carry out any of its functions with respect to land, facilities or services outside the National Tennis Centre or Olympic Park or exercise any powers in relation to those functions without the approval of the Premier, the Treasurer and the Minister.
(2)The Trust has all the powers necessary to enable it to perform its functions.
(3)The Minister may give the Trust directions in relation to the carrying out of its functions under this Act.
(4)The Trust must comply with the directions of the Minister in carrying out its functions under this Act.
S. 7
amended by Nos 73/1986 s.4(b)–(d), 77/1988 s.4, substituted by No. 34/1995 s.8.
7.Further powers[3]
s. 7
Without limiting section 6(2), the Trust has the power to do all or any of the following—
(a)in the case of the National Tennis Centre and Olympic Park—
(i)subject to the consent of the Minister administering the Crown Land (Reserves) Act 1978, grant leases of the whole or any part of the National Tennis Centre or Olympic Park;
(ii)grant licences or permits for the use or development of the whole or any part of the National Tennis Centre or Olympic Park;
S. 7(b) substituted by No. 56/1997
s. 5(a).
(b)in the case of any other land or facilities managed or operated by the Trust—
(i)grant licences or permits for the use or development of the whole or any part of that land or those facilities; or
(ii)enter into leases;
(d)appoint agents or engage consultants;
(e)impose a fee or charge for—
S. 7(e)(i) amended by No. 56/1997
s. 5(b).
(i)entry to the whole or any part of the National Tennis Centre or Olympic Park or any other land, facilities or services managed or operated by the Trust, whether or not that entry is for the purposes of a particular event or activity or otherwise and whether or not the fee or charge is collected, either in whole or in part, on behalf of another person; or
S. 7(e)(ii) amended by No. 56/1997
s. 5(c).
(ii)for the use of facilities or services at the National Tennis Centre or Olympic Park or any other facilities or services managed or operated by the Trust;
S. 7(f) amended by No. 56/1997
s. 5(b).
(f)enter into contracts, agreements or arrangements for the carrying out of its functions, including, but not limited to, contracts agreements or arrangements for the provision of goods or services to the Trust or at the National Tennis Centre or Olympic Park or any other land, facilities or services managed or operated by the Trust;
(g)apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights;
(h)assign or grant licences in respect of those intellectual property rights, with or without charge;
(i)enter into agreements and arrangements for commercial exploitation of intellectual property rights.
S. 8
amended by No. 73/1986 s.5(a)(i)(ii), substituted by No. 34/1995 s.8.
8.Membership
s. 8
The Trust is to consist of 12 members appointed by the Governor in Council of whom—
(a)9 persons are to be appointed on the nomination of the Minister;
S. 8(b) amended by No. 56/1997
s. 6(3).
(b)2 persons are to be appointed on the nomination of the Lawn Tennis Association of Australia;
(c)1 person is to be appointed on the nomination of the Victorian Tennis Association.
S. 9 substituted by No. 34/1995 s.8.
9.Membership not an office of profit
s. 9
A member of the Trust shall not be taken by reason of being such a member of the Trust to hold an office or place of profit under the Crown which would—
(a)prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or
(b)make void the member's election to the Legislative Council or Legislative Assembly; or
(c)prevent the Member continuing to be a member of the Legislative Council or Legislative Assembly; or
(d)subject the member to liability to a penalty under the Constitution Act 1975.
S. 10 substituted by No. 34/1995 s.8.
10.Terms of office
(1)A member of the Trust holds office—
(a)for the period, not exceeding 4 years; and
(b)upon the terms and conditions—
specified in his or her instrument of appointment.
(2)A member of the Trust is eligible for reappointment.
S. 10(3) amended by No. 46/1998
s. 7(Sch. 1).
(3)The Public Sector Management and Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.
S. 11 amended by No. 73/1986 s.5(b), substituted by No. 34/1995 s.8.
11.Resignation and Removal
s. 11
(1)A member of the Trust may resign the office of member by writing signed by the member and addressed to the Governor in Council.
(2)The Governor in Council may at any time remove a member of the Trust from office.
(3)If a member of the Trust dies, resigns or is removed from office, the Governor in Council may, in accordance with this Act, fill the vacant office.
S. 12 substituted by No. 34/1995 s.8.
12.Chairperson
(1)The chairperson must be appointed by the Governor in Council from the members of the Trust.
(2)The chairperson holds that office for the term specified in his or her instrument of appointment and is eligible for reappointment.
(3)The chairperson may resign that office by writing signed by him or her and addressed to the Governor in Council.
(4)The Governor in Council may at any time remove the chairperson from office.
(5)The chairperson ceases to hold that office on ceasing to be a member of the Trust.
S. 13 substituted by No. 34/1995 s.8.
13.Acting member
(1)If a member of the Trust is unable to perform the duties or functions of his or her office, the Governor in Council may appoint a person qualified to be appointed to that office to act in that office during the period of inability.
(2)The Governor in Council—
(a)subject to this Act, may determine the terms and conditions of appointment of an acting member; and
(b)may at any time terminate the appointment.
(3)While the appointment of an acting member remains in force, the acting member has and may exercise all the powers and perform all the duties and functions of the office in which that person is acting.
S. 14 substituted by No. 34/1995 s.8.
14.Payment of members
s. 14
(1)A member other than a member who is—
(a)a member of the Legislative Council or the Legislative Assembly; or
S. 14(1)(b) amended by No. 46/1998
s. 7(Sch. 1).
(b)an employee of the public service within the meaning of the Public Sector Management and Employment Act 1998; or
(c)an employee of the Association or of the Victorian Tennis Association—
is entitled to receive the fees, if any, that are fixed from time to time by the Governor in Council for that member.
(2)A member is entitled to receive the allowances that are fixed from time to time by the Governor in Council.
S. 15 substituted by No. 34/1995 s.8.
15.Procedure of Trust
(1)The chairperson or, in the absence of the chairperson, a person appointed as acting chairperson, must preside at a meeting of the Trust at which he or she is present.
(2)If neither the chairperson nor an acting chairperson is present at a meeting the members present may elect a member to preside at the meeting.
(3)A question arising at a meeting of the Trust is to be determined by a majority of votes of the members who are present and voting on that question.
(4)The person presiding at a meeting has a deliberative vote and a second or casting vote.
(5)A majority of the members of the Trust currently holding office constitutes a quorum.
(6)Except as otherwise provided for in this Act, the Trust may regulate its own proceedings.
S. 16 substituted by No. 34/1995 s.8.
16.Convening of meetings
s. 16
(1)The Trust must hold at least 4 meetings in any calendar year.
(2)The chairperson must convene the meetings of the Trust.
(3)The chairperson must convene a meeting of the Trust if the chairperson has received a written request from at least 2 members to hold a meeting.
S. 16A inserted by No. 34/1995 s.8.
16A.Effect of vacancy or defect
An act or decision of the Trust is not invalid only because—
(a)of a vacancy in its membership; or
(b)of a defect or irregularity in the appointment of any of its members; or
(c)in the case of an acting member, the occasion for that member so acting had not arisen or had ceased.
S. 16B inserted by No. 34/1995 s.8.
16B.Member's pecuniary interest
s. 16B
(1)A member who has a pecuniary interest in any matter in which the Trust is concerned must—
(a)if the member is present at a meeting of the Trust at which the matter is to be considered, disclose the nature of the interest immediately before the consideration of that matter; or
(b)if the member is aware that the matter is to be considered at a meeting of the Trust at which the member does not intend to be present, disclose the nature of the interest to the chairperson before the meeting is held.
(2)The member—
(a)may take part in the discussion of the matter in the meeting with the consent of the Trust; and
(b)must leave the meeting while any vote is taken on a question relating to the matter.
S. 16C inserted by No. 34/1995 s.8.
16C.Immunity
(1)A member is not personally liable for anything done or omitted to be done in good faith—
(a)in the exercise of a power or the discharge of a duty under this Act; or
(b)in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act.
(2)Any liability resulting from an act or omission that would but for sub-section (1), attach to a member of the Trust, attaches instead to the Trust.
S. 16D inserted by No. 34/1995 s.8.
16D.Staff
s. 16D
(1)The Trust may appoint a person approved by the Minister as the Secretary to the Trust.
(2)The Trust may employ any other persons that are necessary for the purposes of the administration of the Trust and the carrying out of its powers and functions.
S. 16E inserted by No. 34/1995 s.8.
16E.Delegation
The Trust may, in writing delegate its powers or functions under this or any other Act, other than this power to delegate, to—
(a)a member of the Trust; or
(b)a sub-committee of the Trust comprised—
(i)entirely of members of the Trust; or
(ii)of the Secretary and otherwise entirely of members of the Trust; or
(c)the Secretary.
S. 16F inserted by No. 34/1995 s.8.
16F.Business plan
(1)The Trust must prepare a business plan each year.
(2)The Trust must give a copy of the proposed business plan to the Minister on or before the date in the year determined by the Minister.
(3)The proposed business plan must be in or to the effect of a form approved by the Minister and must include—
(a)a statement of corporate intent, being information about the objectives, main undertakings, activities, accounting policies and performance measures of the Trust;
(b)financial statements containing information requested by the Minister;
(c)such other matters as the Minister directs.
(4)The Trust must consider any comments on the proposed plan that are made to it by the Minister within 2 months after the plan was submitted to the Minister.
(5)The Trust must consult in good faith with the Minister following communication to it of the comments, must make any changes to the plan that are agreed between the Minister and the Trust and must deliver the completed plan to the Minister within 3 months after the plan was submitted to the Minister.
s. 16F
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Pt 3 (Heading and ss16G–16J)
inserted by No. 34/1995 s.8,
repealed by No. 56/1997
s. 6(1).
*****
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Pt 4
(Heading) inserted by No. 34/1995 s.9.
Part 4—Financial and General Provisions
17.Melbourne and Olympic Parks Trust Fund
s. 17
S. 17(1) amended by No. 56/1997
s. 7(a).
(1)The Trust shall establish and maintain a fund to be called the Melbourne and Olympic Parks Trust Fund.