Victoria Racing Club Act 2006
Act No. 40/2006
table of provisions
SectionPage
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Part 1—Preliminary
1.Purposes
2.Commencement
3.Definitions
Part 2—VRC Limited and Flemington Racecourse Land
Division 1—Functions, Powers and Responsibilities of VRC
Limited in respect of Flemington Racecourse
4.VRC Limited has functions while lessee
5.Functions of VRC Limited in respect of Flemington
Racecourse land
6.Use of Flemington Racecourse land as public racecourse
7.Other use of Flemington Racecourse land
8.Borrowing against Flemington Racecourse land not permitted
9.Maintenance of buildings on the Flemington Racecourse land
10.Erection of new buildings and improvements
11.Further lease of land
12.Management of land at end of lease
Division 2—Maintenance of Flemington Racecourse Land
13.Inspection of land and buildings by authorised officer
14.Authorised officer to provide identification
15.Inspection certificate
16.Notice to repair
17.VRC Limited may object to notice to repair
18.VRC Limited may request extension
19.VRC Limited must comply with notice to repair
Division 3—Regulations for Flemington Racecourse Land
20.Regulations
Division 4—Resumption of Crown Lease
21.Crown to resume possession of Flemington Racecourse land
if not used as racecourse
22.Effect of declaration
23.Flemington Racecourse land to revert to Crown if VRC
Limited wound up
24.Compensation for buildings if Crown takes possession of Flemington Racecourse land
25.Registrar of Titles to make necessary amendments to records
Part 3—Transfer of Property, Rights and Liabilities to VRC Limited
26.Definitions
27.Crown lease
28.Sub-leases and licences
29.Legal proceedings
30.Property and rights
31.Liabilities
32.Race-course licence
33.Racing-club licence
34.Venue operator's licence
35.On-premises licence
36.Superseded references
37.Taxes
38.Validity of things done under this Part
39.Registrar of Titles to make necessary amendments to records
Part 4—Repeals and Consequential Amendments
40.Repeal of Acts
41.Amendment to Racing Act 1958
42.Amendment to Conservation, Forests and Lands Act 1987
43.Amendment to Cultural and Recreational Lands Act 1963
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Endnotes
INDEX22
1
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Victoria
No. 40 of 2006
1
SectionPage
1
SectionPage
Victoria Racing Club Act 2006[†]
[Assented to 20 June 2006]
Preamble
1
Act No. 40/2006
Victoria Racing Club Act 2006
The Chairman of the committee of the Victoria Racing Club (and his or her successors), on behalf of the Victoria Racing Club, was, by operation of The Victoria Racing Club Act 1871 and The Victoria Racing Club Act 1956, granted a Crown lease of land at Flemington to be used for the purpose of a public racecourse.
Victoria Racing Club Limited A.C.N. 119 214 078 was incorporated under the Corporations Act on 10April 2006.
It is expedient to provide for Victoria Racing Club Limited to be the lessee under the Crown lease and to be responsible for the management of the public racecourse and the leased land in place of the Chairman of the committee of the Victoria Racing Club.
It is also expedient to provide for the transfer of all other property, rights and liabilities held by the Victoria Racing Club or the Chairman on behalf of the Victoria Racing Club to Victoria Racing Club Limited.
1
Act No. 40/2006
Victoria Racing Club Act 2006
The Parliament of Victoriatherefore enacts as follows:
1
Part 4—Repeals and Consequential Amendments
Victoria Racing Club Act 2006
Act No. 40/2006
Part 1—Preliminary
1.Purposes
s. 1
The main purposes of this Act are—
(a)to provide for the powers, functions and responsibilities of VictoriaRacing Club Limited in respect of the management of Flemington Racecourse;
(b) to transfer the Crown lease vested in the Chairman of the committee of the Victoria Racing Club to Victoria Racing Club Limited;
(c)to transfer all other property, rights and liabilities held by the Victoria Racing Club or the Chairman of the committee of the Victoria Racing Club on behalf of the Victoria Racing Club to Victoria Racing Club Limited;
(d)to repealThe Victoria Racing Club Act 1871.
2.Commencement
(1)Subject to sub-section (2), this Act comes into operation on a day to be proclaimed.
(2)If this Act does not come into operation before 1January 2007, it comes into operation on that day.
3.Definitions
In this Act—
"authorised officer" means a person appointed under Part 9 of the Conservation, Forests and Lands Act 1987 as an authorised officer for the purposes of this Act;
"CrownLand Minister" means the Minister for the time being administering the CrownLand (Reserves) Act 1978;
"Crown lease" means Crown Lease Volume 1205 Folio 019 and, in Part 2, includes a lease granted under section 11;
"Flemington Racecourse land" means the land—
(a)for the time being described in the Crown lease; and
(b)any land adjoining that land that is leased to VRC Limited under the Land Act 1958 for a purpose relating to the public racecourse;
"inspection certificate" means an inspection certificate completed under section 15(1);
"Racing Minister" means the Minister for the time being administering the Racing Act 1958;
"Secretary" means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;
"VRC" means the Victoria Racing Club;
"VRC Limited" means Victoria Racing Club Limited A.C.N. 119 214 078.
s. 3
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Part 2—VRC Limited and FlemingtonRacecourseLand
Division 1—Functions, Powers and Responsibilities of VRC Limited in respect of Flemington Racecourse
4.VRC Limited has functions while lessee
s. 4
VRC Limited has the functions, powers and responsibilities conferred on it under this Part only while it is the lessee of the Flemington Racecourse land.
5.Functions of VRC Limited in respect of Flemington Racecourse land
The functions of VRC Limited in respect of the Flemington Racecourse land are—
(a)to manage the land for the purpose of a public racecourse; and
(b)to maintain and use that land for that purpose and any other purpose authorised under this Part.
6.Use of Flemington Racecourse land as public racecourse
VRC Limited may use the Flemington Racecourse land—
(a)as a site for a public racecourse; and
(b)for any other purpose not inconsistent with the use of the land as a public racecourse.
7.Other use of Flemington Racecourse land
(1)VRC Limited may use or grantsub-leases or licences in respect of any part of the Flemington Racecourse land for any purpose approved in writing by the Crown Land Minister.
(2)The CrownLand Minister must not grant an approval under sub-section (1) unless the Crown Land Minister considers that the purpose—
(a)is connected with and for the benefit of horse-racing in Victoria;and
(b)will not prevent or hinder the use or development of the remainder of the land as a public racecourse.
(3)VRC Limited may determine the terms and conditions on which a sub-lease or licence is granted under sub-section (1).
8.Borrowing against Flemington Racecourse land not permitted
s. 8
VRC Limited must not charge or borrow against the Flemington Racecourse land.
9.Maintenance of buildings on theFlemington Racecourse land
VRC Limited must ensure that all buildings on the Flemington Racecourse land are maintained.
10.Erection of new buildings and improvements
(1)VRC Limited may erect or re-erect buildings and improvements on the Flemington Racecourse land if this is—
(a)necessary or expedient for the use of the land as a public racecourse; or
(b)not inconsistent with the use of the land as a public racecourse.
(2)With the approval of the Crown Land Minister, VRC Limited may erect other buildings and other improvements on the Flemington Racecourse land.
(3)TheCrownLand Minister may only approve a proposal under sub-section (2) if the Minister is of the opinion that the erection of the proposed new buildings or improvementswillnot bedetrimental to the use of the Flemington Racecourse land as a public racecourse.
11.Further lease of land
s. 11
(1)The Governor in Council may grant a further lease or leases of any part of the land described in Crown lease Volume 1205 Folio 019 to VRC Limited for a term not exceeding 99 years.
(2)A lease granted under this section may contain options for the lessee to renew the lease for a further term or terms.
(3) If the lease contains options for renewal of the lease by the lessee, the aggregate of the original term and the further term or terms must not exceed 99 years.
12.Management of land at end of lease
VRC Limited may continue to manage the Flemington Racecourse land for a period of 3months after the end of the term of the Crown lease on the same terms as if the land were still subject to that lease.
Division 2—Maintenance of FlemingtonRacecourseLand
13.Inspection of land and buildings by authorised officer
An authorised officer may enter theFlemington Racecourse land at any reasonable time and on reasonable noticeto inspect the land and buildings.
14.Authorised officer to provide identification
s. 14
An authorised officermust, at any time during the exercise of a power under section 13,produce evidence of his or her appointment as an authorised officer for inspection on requestby an officer or employee of VRC Limited.
15.Inspection certificate
(1)After completing an inspection under section 13,an authorised officer must complete an inspection certificate if the authorised officeris of the opinion that—
(a) the Flemington Racecourse land is not fit for the purposes of a public racecourse; or
(b) a building on the Flemington Racecourse land is—
(i) in want of repair; or
(ii) unsafe to the public; or
(iii)unfit for use in any other respect.
(2) An inspection certificate must be provided to the Secretary as soon as possible after the inspection is completed.
16.Notice to repair
(1)The Secretary may issue a notice to repair to VRC Limited if the Secretary has been provided with an inspection certificate.
(2)A notice to repair must—
(a)contain a detailed statement of thematters identified by the authorised officer in the inspection certificate;
(b)set out how each matter is expected to be repaired, remedied or otherwise addressed;
(c)direct VRC Limited to repair, remedy or otherwise address thosematters;
(d)state the dateby which those matters are expected to be repaired, remedied or otherwise addressed;
(e)state that VRC Limited may object to the notice to repair in accordance with section17;
(f)state the date (being not less than 14 days after the date of the notice) by which the objection must be made.
(3)A date set out in a notice to repair by which a matter must be addressed must be reasonable in the circumstances having regard to the nature and extent of the matters identified and must not be less than 21 days after the date of the notice.
(4)The Secretary must cause a notice to repairto be served on VRC Limited by registeredpost addressed to the registered office of VRC Limited.
17.VRC Limited may object to notice to repair
s. 17
(1)VRC Limited may object to the Crown Land Minister against a notice of repair.
(2)An objection to a notice to repair must—
(a)be in writing; and
(b)be given to the Crown Land Minister within the time for objection set out in the notice to repair; and
(c)set out the reasons for objection.
(3)If VRC Limited objects under this section to a notice to repair, it is not required to comply with the notice to repair until a decision is made under this section confirming the notice to repair.
(4)Before making a decision on an objection, the Crown Land Minister must consider—
(a) the authorised officer's inspection certificate; and
(b)the notice to repair issued by the Secretary; and
(c)the reasons for the objection.
(5) After considering the matters under sub-section(4), the Crown Land Minister may—
(a)cancel the notice to repair; or
(b)confirm the notice to repair with or without variations.
s. 17
(6) The CrownLandMinister mustadvise VRC Limited of a decision under sub-section (5).
(7)The advice of the decision must—
(a)be in writing; and
(b)set out the reasons for making the decision; and
(c)if the notice to repair is confirmed, set out—
(i)any variations made by the Crown Land Minister; and
(ii)the date by which the notice to repair must be complied with; and
(d)be served on VRC Limited by registered post addressed to the registered office of VRC Limited.
(8)The date for compliance set out in the advice must be reasonable in the circumstances having regard to the nature and extent of the matters identified and must not be less than 21 days after the date on which the advice was served.
18. VRC Limited may request extension
s. 18
(1)VRC Limited may request the Crown Land Minister for an extension of time to comply with the notice to repair.
(2)A request under sub-section (1) must—
(a)be in writing; and
(b)set out the reasons why VRC Limited is unable to address the matters set out in the notice by the required date.
(3)The CrownLand Minister may grant the request and set a new date for compliance with the notice to repair.
19.VRC Limited must comply with notice to repair
Unless the notice to repair has been cancelled under section 17, VRC Limited must comply with a notice to repair on or before the last of the following to occur—
(a)the date for compliance set out in the notice;
(b)if an objection has been made under section17, the date for compliance advised under that section;
(c)if a date is set by the Crown Land Minister under section 18, that date.
Penalty:60 penalty units.
Division 3—Regulations for FlemingtonRacecourseLand
20.Regulations
s. 20
(1)The Racing Minister may make regulations for or with respect to—
(a)the care, protection and good order of the Flemington Racecourse land; and
(b)the safety of persons or animals on the Flemington Racecourse land or occupying or using any building or structure or any part of any building or structure on the Flemington Racecourse land; and
(c)the imposition, collection and receipt of tolls, fees, rents or other charges for or in respect of—
(i)entry on the Flemington Racecourse land or any specified part of the Flemington Racecourse land by any person, animal or vehicle; or
(ii)any improvements, services or facilities on the Flemington Racecourse land (including car parks); and
(d) the setting aside by VRC Limited of particular areas of the Flemington Racecourse land for specific purposes; and
(e) any other matter that the Minister considers necessary or convenient to ensure that the Flemington Racecourse land is used and managed in accordance with this Act.
(2)The regulations may confer and impose on VRC Limited any functions, authorities, restrictions and duties that the Minister thinks necessary.
(3)The regulations may impose penalties not exceeding 20 penalty units for a contravention of the regulations.
(4)The regulations and any amendment or revocation of the regulations must be published in the Government Gazette.
Division 4—Resumption of Crown Lease
21.Crown to resume possession of Flemington Racecourse land if not used as racecourse
s. 21
(1) If the Crown Land Minister is satisfied that—
(a) VRC Limited has for a continuous period of 11 months, without the consent of the Governor in Council, ceased to maintain and use the Flemington Racecourse land as a site for a public racecourse or for a purpose authorised by or under this Part; and
(b)VRC Limited has not rectified the matter within 30 days after receiving notice from the Minister to do so—
the Minister may declare by notice in the Government Gazette that the Crown lease is terminated.
(2)The CrownLandMinister must not declare under sub-section (1) that the Crown lease is terminated unless the Minister has first given VRC Limited an opportunity to be heard.
22.Effect of declaration
When a declaration is made under section 21—
(a)any interest created under the lease ceases; and
(b)the Crown is entitled to resume possession of the Flemington Racecourse land; and
(c)the right and title of VRC Limited to the lease and the land is terminated.
23.Flemington Racecourse land to revert to Crown if VRC Limited wound up
s. 23
If VRC Limited is wound up, the right to possession of theFlemington Racecourse land reverts to the Crown.
24. Compensation for buildings if Crown takes possession ofFlemington Racecourse land
(1)Before taking possessionof the Flemington Racecourse landunder this Division, the Crown must pay compensation for the value of all buildings and improvements on the land to VRC Limited.
(2)If there is a dispute about the amount of compensation to be paid under sub-section (1), the dispute must be determined in accordance with Part 10 of the Land Acquisition and Compensation Act 1986.
25.Registrar of Titles to make necessary amendments to records
The Registrar of Titles, on being requested to do so and on submission of any relevant certificate of title or other document, must make any amendments to the Register that are necessary because of the operation of any provision of this Part.
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Part 3—Transfer of Property, Rights and Liabilities to VRC Limited
26.Definitions
s. 26
In this Part—
"commencement day" means the day on which this Act comes into operation;
"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective;
"old Act" means The Victoria Racing Club Act 1871;
"old body" means—
(a)VRC; or
(b)the person who is the Chairman for the time being of the committee of VRC acting on behalf of VRC; or
(c)the members collectively of VRC;
"property" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective.
27. Crown lease
(1)On the commencement day the Crown lease vests in VRC Limitedas lessee for the remainder of the term of the lease.
(2)On and after the commencement day—
(a)all references in the Crown lease to the lessee (however described) are to be read as references to VRC Limited;
(b)the reference in the Crown lease to section44 of the old Act is to be read as a reference to section 24 of this Act.
28.Sub-leases and licences
s. 28
(1)Any sub-lease or licence authorised under the old Act and existing immediately before the commencement day in respect of the Flemington Racecourse landhas effect on and from the commencement dayas if it had been granted by VRC Limited.
(2) On and from the commencement day all references to an old body in any sub-lease or licence referred to in sub-section (1) are to be read as references to VRC Limited.
(3)Nothing effected by this section in respect of a sub-lease or licence provides a person with a right to repudiate that sub-lease or licence.