Version No. 020
State Sport Centres Act 1994
Act No. 117/1994
Version incorporating amendments as at 1 July 2003
table of provisions
Section Page
iii
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 Repealed 3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 5
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 Repealed 6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 6
11. Terms and conditions of appointment 7
12. Chairperson 7
13. Vacancies 8
14. Temporary vacancies 8
15. Trust may act despite vacancy etc. 8
16. Pecuniary and other interests of members 9
17. Meetings 9
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. Power to sub-lease etc. the land 16
26. No compensation payable 17
26AA. Management powers over additional Melbourne Sports andAquatic Centre land 17
Division 3—State Netball and Hockey Centre land 17
26A. Trust to manage State Netball and Hockey Centre land 17
26B. Powers to enter into leases 18
26C. Power to grant licences over State Netball and Hockey Centreland 20
26D. State Netball and Hockey Centre Advisory Committee 21
26E. Function of State Netball and Hockey Centre Advisory Committee 22
26F. Procedure 22
Part 4—Finances and Reporting 23
27. Borrowing and investment powers 23
28. State Sports Centres Fund 23
28A. The Melbourne Sports and Aquatic Centre Account 23
28B. The State Netball and Hockey Centre Account 25
29. Accounts 26
30. Business plan 26
Part 5—General 28
31. Supreme Court—limitation of jurisdiction 28
32. Regulations 28
33. By-laws 31
34. Proceedings for offences 32
35. Repealed 32
Part 6—Transitional Provisions 33
36. References to Act 33
37. Change in name of Trust 33
38. Saving of certain matters in respect of State Netball and HockeyCentre 34
39. Application of Project Development and Construction Management Act 1994 34
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SCHEDULE 1—Melbourne Sports and Aquatic Centre Land 36
SCHEDULE 2—Additional Melbourne Sports and Aquatic Centre Land 37
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ENDNOTES 38
1. General Information 38
2. Table of Amendments 39
3. Explanatory Details 40
iii
Version No. 020
State Sport Centres Act 1994
Act No. 117/1994
Version incorporating amendments as at 1 July 2003
2
Part 1—Preliminary
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;
(c) to provide for the use and promotion 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 "Centre" repealed by No. 60/1999 s.6(a).
* * * * *
"gaming" means gaming within the meaning of the Gaming Machine Control Act 1991;
S. 3 def. of "Melbourne Sports and Aquatic Centre" inserted by No. 60/1999 s.6(b).
"Melbourne Sports and Aquatic Centre" means the facility or facilities for the purposes of sporting, gaming, 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.
"Melbourne Sports and Aquatic Centre land" means—
(a) the land shown delineated on the plan in Schedule 1 being the land more particularly described in certified plan number 118242 lodged in the Central Plan Office of the Department of Natural Resources and Environment; and
(b) the land shown hatched on the plan in Schedule 2, being the land temporarily reserved under the Crown Land (Reserves) Act 1978 by Order in Council dated 17 July 2001 published in the Government Gazette on 19 July 2001 at page 1688;
"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
(c) may sue or 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 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—
(a) the planning, design and construction of a facility to be known as the Melbourne Sports and Aquatic Centre to be used for sporting, gaming, 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(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).
(dd) to carry out any other function conferred on or given to the Trust by or under 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
s. 6B
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. 11
(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. 13
(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
(c) if the member is absent from 3 consecutive meetings of the Trust without the prior leave of the Trust.
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
(b) a vacancy in the office of member; or
(c) in the case of an acting member, the occasion for the member acting has not arisen.
16. Pecuniary and other interests of members
s. 16
(1) A member who—
(a) has a direct or indirect pecuniary interest in; or
(b) has an interest which would conflict with the proper performance of the member's duties in relation to—
a matter being considered or about to be considered by the Trust must, as soon as practicable after the relevant facts have come to his or her knowledge, declare the nature of the interest at a meeting.
(2) A person presiding at a meeting at which a declaration is made must cause a record of the declaration to be made in the minutes of the meeting.