STADIUMS AUTHORITY ACT 2000 (REPEALED) - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 3. Notes PART 2--THE AUTHORITY Division 2.1--Establishment and functions of authority 4. Establishment of authority 5. Functions of authority 6. Restrictions on dealings with assets Division 2.2--Governing board 7. Establishment of governing board 8. Governing board members 9. Functions of governing board PART 3--AUTHORITY STAFF AND CONSULTANTS 10. Staff 11. Consultants PART 4--MISCELLANEOUS 12. Ministerial directions 13. Authority's annual report 14. Regulation-making power DICTIONARY ENDNOTES STADIUMS AUTHORITY ACT 2000 (REPEALED) - LONG TITLE An Act to establish the Stadiums Authority, and for other purposes STADIUMS AUTHORITY ACT 2000 (REPEALED) - SECT 1 Name of Act This Act is the Stadiums Authority Act 2000. STADIUMS AUTHORITY ACT 2000 (REPEALED) - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). STADIUMS AUTHORITY ACT 2000 (REPEALED) - SECT 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. Note for pt 2 The governance of territory authorities, including the Stadiums Authority, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them. The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest. STADIUMS AUTHORITY ACT 2000 (REPEALED) - SECT 4 Establishment of authority The Stadiums Authority (the authority) is established. STADIUMS AUTHORITY ACT 2000 (REPEALED) - SECT 5 Functions of authority The authority has the following functions: (a) owning, operating or managing sporting or entertainment facilities prescribed by regulation; (b) organising sporting, cultural, entertainment or commercial events or festivals, or conducting them at facilities mentioned in paragraph (a), either alone or with others; (c) providing facilities (including organisational or catering facilities) for an event or festival mentioned in paragraph (b) or for meetings or functions of any other kind, whether public or private; (d) operating on a sound commercial basis; (e) maximising the sustainable return to the Territory on its investment in the authority; (f) providing services to the community in accordance with an agreement with the Minister; (g) implementing any directions given to the authority by the Minister under this Act; (h) exercising any other function given to it under this Act or any other territory law. Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). STADIUMS AUTHORITY ACT 2000 (REPEALED) - SECT 6 Restrictions on dealings with assets (1) In this section: "subsidiary" means a company that, for the Corporations Act, is a subsidiary of the authority. (2) The authority or a subsidiary must not, without the Treasurer's prior written approval-- (a) enter into a contract involving the payment or receipt of a total amount larger than $500 000; or (b) sell or otherwise dispose of, or mortgage or otherwise give security over, a significant asset; or (c) mortgage or give a charge over all, or a significant part, of its undertakings or assets. (3) An approval of the Treasurer may be given subject to conditions or restrictions stated in the approval. (4) For this section, an asset, or part of the undertakings or assets, of the authority or a subsidiary is "significant" if-- (a) it is significant when interpreted in accordance with accounting standards relating to materiality ordinarily used in Australia when the decision about whether it is significant is made; or (b) a document published by the authority or subsidiary identifies it as significant (however described); or (c) a memorandum of understanding or other agreement between the Minister or Treasurer and the authority or subsidiary identifies it as significant (however described); or (d) it is prescribed under the financial management guidelines under the Financial Management Act 1996 for this section. (5) This section is additional to the Financial Management Act 1996, part 9 (Governance of territory authorities). STADIUMS AUTHORITY ACT 2000 (REPEALED) - SECT 7 Establishment of governing board The authority has a governing board. STADIUMS AUTHORITY ACT 2000 (REPEALED) - SECT 8 Governing board members The governing board has at least 5, but not more than 7, members. Note 1 The chair and deputy chair of the governing board must be appointed under the Financial Management Act 1996, s 79. Note 2 The chief executive officer of the authority is a member of the governing board (see Financial Management Act 1996, s 80 (4)). STADIUMS AUTHORITY ACT 2000 (REPEALED) - SECT 9 Functions of governing board The governing board has the following functions: (a) advising the Minister on all significant issues relating to the authority and its activities; (b) exercising any other function given to the board under this Act or any other territory law. STADIUMS AUTHORITY ACT 2000 (REPEALED) - SECT 10 Staff The authority's staff must be employed under the Public Sector Management Act 1994. Note The Public Sector Management Act 1994, s 24 provides that the chief executive officer of a territory instrumentality has all the powers of a chief executive under the Act in relation to the instrumentality staff to be employed under that Act (including, for example, in relation to the appointment of people to, or the employment of people for, that staff). Under that Act, s 3, def "chief executive officer", the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs. STADIUMS AUTHORITY ACT 2000 (REPEALED) - SECT 11 Consultants (1) The authority may engage consultants. (2) However, the authority must not enter into a contract of employment under this section. STADIUMS AUTHORITY ACT 2000 (REPEALED) - SECT 12 Ministerial directions (1) The Minister may give the authority written directions in relation to the exercise of its functions. (2) Before giving a direction the Minister must-- (a) tell the governing board about the effect of the proposed direction; and (b) give the board a reasonable opportunity to comment on the proposed direction; and (c) consider any comments made by the board. (3) The Minister must present a copy of a direction to the Legislative Assembly within 6 sitting days after the day the Minister makes it. (4) On receiving a direction under this section, the authority must comply with it. (5) The Territory must reimburse the authority for the net reasonable expense of complying with a direction. (6) The net reasonable expense of complying with a direction is-- (a) if the direction requires the authority to do something that, apart from the direction, it would not have done--the reasonable cost of, and the estimated revenue foregone in, complying with the direction; or (b) if the direction requires the authority to do something in a way that is different from how the authority had intended to do it--the additional cost incurred, and the estimated revenue foregone, in doing the thing the activity in accordance with the direction; or (c) if the direction requires the authority not to do something that, apart from the direction, it would have done--the difference (if any) between any estimated foregone revenue and the savings resulting from not doing the thing. (7) An amount is not payable under subsection (5) unless it is agreed to by the Minister and the authority or, failing agreement, is decided by the Treasurer. STADIUMS AUTHORITY ACT 2000 (REPEALED) - SECT 13 Authority's annual report A report prepared by the authority under the Annual Reports (Government Agencies) Act 2004 for a financial year must include-- (a) a copy of any direction given under section 12 (Ministerial directions) during the year; and (b) a statement by the authority about action taken during the year to give effect to any direction given (whether before or during the year) under that section. Note Financial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004. STADIUMS AUTHORITY ACT 2000 (REPEALED) - SECT 14 Regulation-making power The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. STADIUMS AUTHORITY ACT 2000 (REPEALED) - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act dict, pt 1, defines the following terms: o exercise o function. "authority" means the Stadiums Authority. "governing board" means the governing board of the authority. STADIUMS AUTHORITY ACT 2000 (REPEALED) - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history Stadiums Authority Act 2000 No 6 notified 23 March 2000 (Gaz 2000 No 12) s 1, s 2 commenced 23 March 2000 (IA s 10B) remainder (ss 3-41) commenced 13 April 2000 (s 2 (2) and Gaz 2000 No 15) as amended by Legislation (Consequential Amendments) Act 2001 No 44 pt 367 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 367 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2002 No 30 pt 3.78 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.78 commenced 17 September 2002 (s 2 (1)) Taxation (Government Business Enterprises) Act 2003 A2003-12 sch 1 pt 1.9 notified LR 27 March 2003 s 1, s 2 taken to have commenced 1 July 2002 (LA s 75 (2)) sch 1 pt 1.9 commenced 28 March 2003 (s 2 (2)) Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.31 notified LR 19 March 2004 s 1, s 2 commenced 19 March 2004 (LA s 75 (1)) sch 1 pt 1.31 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5) Financial Management Legislation Amendment Act 2005 A2005-52 sch 1 pt 1.20 notified LR 26 October 2005 s 1, s 2 commenced 26 October 2005 (LA s 75 (1)) sch 1 pt 1.20 commenced 1 January 2006 (s 2 (2)) Administrative (Miscellaneous Amendments) Act 2006 A2006-30 sch 1 pt 1.12 notified LR 16 June 2006 s 1, s 2 commenced 16 June 2006 (LA s 75 (1)) sch 1 pt 1.12 commenced 1 July 2006 (s 2 (2) and CN2006-15) as repealed by Administrative (Miscellaneous Amendments) Act 2006 A2006-30 s 4 (1) (e) notified LR 16 June 2006 s 1, s 2 commenced 16 June 2006 (LA s 75 (1)) s 4 (1) (e) commenced 1 July 2006 (s 2 (3) and CN2006-15) 4 Amendment history Dictionarys 2 om 2001 No 44 amdt 1.3911 ins 2002 No 30 amdt 3.788 am A2005-52 amdt 1.260 Notess 3 sub 2002 No 30 amdt 3.788 The authoritypt 2 hdg sub A2005-52 amdt 1.261 Establishment and functions of authoritydiv 2.1 hdg sub A2005-52 amdt 1.261 Establishment of authoritys 4 sub A2005-52 amdt 1.261 Functions of authoritys 5 am 2002 No 30 amdt 3.789 sub A2005-52 amdt 1.261 Restrictions on dealings with assetss 6 om 2002 No 30 amdt 3.790 ins A2005-52 amdt 1.261 am A2006-30 amdt 1.88; ss renum R8 LA Governing boarddiv 2.2 hdg sub A2005-52 amdt 1.261 Establishment of governing boards 7 sub A2005-52 amdt 1.261 Governing board memberss 8 sub A2005-52 amdt 1.261 Functions of governing boards 9 am 2002 No 30 amdt 3.791 sub A2005-52 amdt 1.261 Proceduresdiv 2.3 hdg om A2005-52 amdt 1.261 Authority staff and consultantspt 3 hdg sub A2005-52 amdt 1.262 The chief executivediv 3.1 hdg om A2005-52 amdt 1.263 Staffs 10 sub 2002 No 30 amdt 3.792 om A2005-52 amdt 1.261 ins A2005-52 amdt 1.265 Consultantss 11 am 2002 No 30 amdts 3.793-3.795 om A2005-52 amdt 1.261 ins A2005-52 amdt 1.265 Staff and consultantsdiv 3.2 hdg om A2005-52 amdt 1.264 Miscellaneouspt 4 hdg sub A2005-52 amdt 1.266 Ministerial directionss 12 am 2002 No 30 amdt 3.796 om A2005-52 amdt 1.261 ins A2005-52 amdt 1.268 Authority's annual reports 13 am 2002 No 30 amdt 3.797 om A2005-52 amdt 1.261 ins A2005-52 amdt 1.268 Regulation-making powers 14 om 2002 No 30 amdt 3.798 ins A2005-52 amdt 1.268 Ending of appointment of directors 15 hdg sub 2002 No 30 amdt 3.799s 15 am 2002 No 30 amdts 3.800-3.805 om A2005-52 amdt 1.261 Disclosure of interests 16 am 2002 No 30 amdt 3.806, amdt 3.807 om A2005-52 amdt 1.261 Calling meetings of boards 17 sub 2002 No 30 amdt 3.808 om A2005-52 amdt 1.261 Procedure at meetingss 18 om A2005-52 amdt 1.261 Quorums 19 om A2005-52 amdt 1.261 Appointment of chief executives 20 sub 2002 No 30 amdt 3.809 om A2005-52 amdt 1.263 Functions of chief executives 21 hdg sub 2002 No 30 amdt 3.810s 21 om A2005-52 amdt 1.263 Staffs 22 om A2005-52 amdt 1.265 Consultantss 23 om A2005-52 amdt 1.265 Requests for informations 24 om A2005-52 amdt 1.266 Notification of significant occurrencess 25 om A2005-52 amdt 1.266 Ministerial directionss 26 am 2002 No 30 amdt 3.811, amdt 3.812 om A2005-52 amdt 1.266 Business planss 27 am 2002 No 30 amdt 3.813 om A2005-52 amdt 1.266 Compliance with business planss 28 om A2005-52 amdt 1.266 Dividendss 29 am 2002 No 30 amdt 3.814 om A2005-52 amdt 1.266 Other reporting requirementss 30 om A2005-52 amdt 1.266 Miscellaneouspt 5 hdg om A2005-52 amdt 1.266 Conduct of persons associated with the authoritydiv 5.1 hdg om A2005-52 amdt 1.266 Meaning of relevant person for div 5.1s 31 om A2005-52 amdt 1.266 Improper use of positions 32 om A2005-52 amdt 1.266 Improper use of informations 33 om A2005-52 amdt 1.266 Generaldiv 5.2 hdg om A2005-52 amdt 1.266 Power to bind authoritys 34 om A2005-52 amdt 1.266 Authority's annual reports 35 sub A2004-9 amdt 1.41 om A2005-52 amdt 1.266 Taxations 36 om A2003-12 amdt 1.12 Regulation-making powers 37 am 2001 No 44 amdt 1.3912 om A2005-52 amdt 1.266 Transitional provisionspt 6 hdg sub 2002 No 30 amdt 3.815 exp 31 December 2003 (s 42) Transfer of assets, rights and liabilitiess 38 am 2001 No 44 amdt 1.3913, amdt 1.3914 exp 31 December 2003 (s 42) Evidentiary certificates 39 exp 31 December 2003 (s 42) Registration of changes in title to certain assetss 40 exp 31 December 2003 (s 42) Proceedings and evidences 41 am 2002 No 30 amdt 3.816 exp 31 December 2003 (s 42) Expiry of pt 6s 42 ins 2002 No 30 amdt 3.817 exp 31 December 2003 (s 42) Dictionarydict ins 2002 No 30 amdt 3.818 sub A2005-52 amdt 1.267 def appointed director ins 2002 No 30 amdt 3.818 om A2005-52 amdt 1.267 def authority ins 2002 No 30 amdt 3.818 sub A2005-52 amdt 1.267 def board ins 2002 No 30 amdt 3.818 om A2005-52 amdt 1.267 def chief executive ins 2002 No 30 amdt 3.818 om A2005-52 amdt 1.267 def director ins 2002 No 30 amdt 3.818 om A2005-52 amdt 1.267 def governing board ins A2005-52 amdt 1.267 def relevant person ins 2002 No 30 amdt 3.818 om A2005-52 amdt 1.267 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 not amended 31 May 2000 2 Act 2001 No 44 20 December 2001 3 Act 2002 No 30 10 October 2002 4 A2003-12 28 March 2003 5 A2003-12 24 December 2003 6 A2004-9 13 April 2004 7 A2005-52 1 January 2006 8 A2006-30 1 July 2006 (c) Australian Capital Territory 2006 STADIUMS AUTHORITY ACT 2000 (REPEALED) - NOTES Australian Capital Territory A2000-6 Republication No 9 Effective: 2 July 2006 Republication date: 2 July 2006 As repealed by A2006-30 s 4 (1) (e)Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Stadiums Authority Act 2000 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 2 July 2006. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Stadiums Authority Act 2000 (repealed) Endnotes Australian Capital Territory Stadiums Authority Act 2000 (repealed)