New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 41)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActPublic Sector Restructure (Miscellaneous Acts Amendments) Act 2009Sporting Venues Authorities Amendment (Venues NSW) Act 2011
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part, "former Trust" means:
(a) the Newcastle International Sports Centre Trust, or
(b) the Newcastle Showground and Exhibition Centre Trust.
The State Sporting Venues Authority is a continuation of, and the same legal entity as, the corporation sole with the corporate name “Minister administering the Sporting Venues Management Act 2002 ” incorporated by that Act.
(1) The Newcastle International Sports Centre Trust is dissolved.
(2) The Newcastle Showground and Exhibition Centre Trust is dissolved.
(3) On the dissolution of a former Trust, each person who was a trustee of the Trust immediately before its dissolution ceases to hold office as such. No compensation is payable to any such person as the result of the operation of this subclause.
(1) In this clause:
"transferor", in relation to the transfer of an asset, right or liability by or under this clause, means the former Trust from which the asset, right or liability is transferred.
(2) On the commencement of this clause, the assets, rights or liabilities of a former Trust are transferred to the Hunter Region Sporting Venues Authority.
(3) When any asset, right or liability is transferred by operation of this clause, the following provisions have effect with respect to the transfer:(a) the assets of the transferor vest in the Hunter Region Sporting Venues Authority by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,(b) the rights and liabilities of the transferor become by virtue of this clause the rights and liabilities of the Hunter Region Sporting Venues Authority,(c) all proceedings relating to the assets, rights or liabilities commenced before the transfer by or on behalf of, or against, the transferor and pending immediately before the transfer are taken to be proceedings pending by or against the Hunter Region Sporting Venues Authority,(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Hunter Region Sporting Venues Authority,(e) a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent that it relates to those assets, rights or liabilities but subject to the regulations), to be read as, or as including, a reference to the Hunter Region Sporting Venues Authority.
(4) The operation of this clause is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or(d) as an event of default under any contract or other instrument.
(5) No attornment to the transferee by a lessee from a transferor is required.
(6) For all purposes, a former Trust is taken to have had a fee simple, immediately before the commencement of this clause, in land in respect of which it was a reserve trust under the Crown Lands Act 1989 immediately before that commencement.
(7) Subclause (6) has effect despite any provision of the Crown Lands Act 1989 and, in particular, section 100 of that Act.
(1) The Minister may, by notice in writing, confirm a transfer of particular assets, rights or liabilities by operation of this Part.
(2) Such a notice is conclusive evidence of that transfer.
Land of a former Trust transferred by operation of this Act is transferred free of any reservation, grant or dedication to which the land was subject under any Act or law.
No compensation is payable to or in respect of the Newcastle Agricultural, Horticultural, and Industrial Association as the result of the operation of this Act.
(1) The club established under section 9 of the Newcastle International Sports Centre Act 1967 may continue as a registered club and may be operated and managed by the Hunter Region Sporting Venues Authority.
(2) For the purposes of the Registered Clubs Act 1976 , the Hunter Region Sporting Venues Authority:(a) is taken to be the governing body of the club responsible for the management of the business and affairs of the club, and(b) is taken to have been elected annually by the full members of the club.
(3) Subclause (2) is taken to be a rule of the club for the purposes of the Registered Clubs Act 1976 .
(4) Subject to this Act, the Hunter Region Sporting Venues Authority may make rules for the conduct and management of the club and may amend or revoke any such rules.
(5) Any rules made under section 9 of the Newcastle International Sports Centre Act 1967 and in force immediately before the repeal of that section are taken to have been made by the Hunter Region Sporting Venues Authority under this clause and may be revoked or amended accordingly.
In this Part:
"former Trust" means the Wollongong Sportsground Trust.
"new Authority" means the Illawarra Region Sporting Venues Authority.
The Wollongong Sportsground Act 1986 is repealed.
(1) The Wollongong Sportsground Trust is dissolved.
(2) On the dissolution of the former Trust, each person who was a member of the Trust immediately before its dissolution ceases to hold office as such. No compensation is payable to any such person as the result of the operation of this subclause.
(1) On the date of commencement of this clause, the following provisions have effect:(a) the assets of the former Trust vest in the new Authority by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,(b) the rights and liabilities of the former Trust become by virtue of this clause the rights and liabilities of the new Authority,(c) all proceedings relating to those assets, rights or liabilities commenced before that date by or on behalf of, or against, the former Trust and pending immediately before the transfer are taken to be proceedings pending by or against the new Authority,(d) any act, matter or thing done or omitted to be done in relation to those assets, rights or liabilities before that date by, to or in respect of the former Trust is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the new Authority,(e) the new Authority has all the entitlements and obligation of the former Trust in relation to those assets, rights and liabilities that the former Trust would have had but for this clause, whether or not the entitlements and obligations were actual or potential on the commencement of this clause,(f) a reference in any Act, in any instrument made under any Act or in any document of any kind to the former Trust or a predecessor of the former Trust is (to the extent that it relates to those assets, rights or liabilities but subject to the regulations) to be read as, or as including, a reference to the new Authority.
(2) The operation of this clause is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or(d) as an event of default under any contract or other instrument.
(3) No attornment to the transferee by a lessee from the former Trust is required.
(1) The Parramatta Stadium Trust is dissolved.
(2) Each person who was a member of the Trust immediately before its dissolution ceases to hold office as such. No compensation is payable to any such person as the result of the operation of this subclause.
(1) Hunter Region Sporting Venues Authority and Illawarra Venues Authority are dissolved.
(2) Each person who was a member of a board of management for either of those regional sporting venues authorities immediately before its dissolution ceases to hold office as such. No compensation is payable to any such person as the result of the operation of this subclause.
(1) In this clause:
"former body" means the following:(a) Hunter Region Sporting Venues Authority,(b) Illawarra Venues Authority,(c) Parramatta Stadium Trust.
(2) On the date of commencement of this clause, the following provisions have effect:(a) the assets of each former body vest in Venues NSW by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,(b) the rights and liabilities of each former body become by virtue of this clause the rights and liabilities of Venues NSW,(c) all proceedings relating to those assets, rights or liabilities commenced before that date by or on behalf of, or against, each former body and pending immediately before the transfer are taken to be proceedings pending by or against Venues NSW,(d) any act, matter or thing done or omitted to be done in relation to those assets, rights or liabilities before that date by, to or in respect of each former body is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of Venues NSW,(e) Venues NSW has all the entitlements and obligations of each former body in relation to those assets, rights and liabilities that the former body would have had but for this clause, whether or not the entitlements and obligations were actual or potential on the commencement of this clause,(f) a reference in any Act, in any instrument made under any Act or in any document of any kind to any former body or a predecessor of any former body is (to the extent that it relates to those assets, rights or liabilities but subject to the regulations) to be read as, or as including, a reference to Venues NSW.
(3) The operation of this clause is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or(d) as an event of default under any contract or other instrument.
(4) No attornment to the transferee by a lessee from any former body is required.
(5) For all purposes, a former body is taken to have had a fee simple, immediately before the commencement of this clause, in land in respect of which it was a reserve trust under the Crown Lands Act 1989 immediately before that commencement.
(6) Subclause (5) has effect despite any provision of the Crown Lands Act 1989 and, in particular, section 100 of that Act.
(7) Land of a former body transferred by operation of this clause is transferred free of any reservation, grant or dedication to which the land was subject under any Act or law.
(1) The Minister may, by notice in writing, confirm a transfer of particular assets, rights or liabilities by operation of this Part.
(2) Such a notice is conclusive evidence of that transfer.
(1) The following advisory committees are taken to be established by the Minister under section 33A (2) with the following functions:(a) Hunter Local Venues Council-to provide advice to Venues NSW in relation to the authority’s sporting venues in the Hunter Region,(b) Illawarra Local Venues Council-to provide advice to Venues NSW in relation to the authority’s sporting venues in the Illawarra Region,(c) Western Sydney Local Venues Council-to provide advice to Venues NSW in relation to the authority’s sporting venues in Western Sydney.
(2) The Minister is, under section 33A, to appoint at least 3 and no more than 7 members to each of these committees within 3 months after the commencement of this clause.
(3) Section 33A (including section 33A (5)) applies to a committee established under this clause in the same way as it applies to a committee established under that section.