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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
BRISBANE CRICKET
GROUND BILL 1993
Queensland
BRISBANE CRICKET GROUND BILL
1993
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--THE TRUST AND ITS BOARD
Division 1--Establishment, functions and powers of the Trust
3 Establishment of Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Trust is a body corporate etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Trust does not represent State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Trust exempt public authority under Corporations Law . . . . . . . . . . . . . . . . 5
7 Trust's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Management of Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9 Trust's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10 Restriction on Trust's power to sell land . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2--The board of trustees
11 The Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
12 Role of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
13 Composition of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 3--Provisions relating to trustees
14 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
15 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
16 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
17 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2
Brisbane Cricket Ground
18 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 4--Business of the Board
19 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
20 Disclosure of interests by trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 5--Miscellaneous
21 The Trust's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
22 Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
23 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 3--GENERAL
24 Trust property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
25 Park land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
26 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
27 Governor in Council may approve schemes to improve facilities . . . . . . . . 10
28 By-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
29 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 4--TRANSITIONAL AND REPEALS
30 Trustees to continue until new appointments . . . . . . . . . . . . . . . . . . . . . . . . 11
31 Effect of passing of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
32 Gabba Towers scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
33 By-laws in force under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 13
ACTS REPEALED
1993
A BILL
FOR
An Act to consolidate and amend the law relating to the development
and management of the Brisbane Cricket Ground, and for
related purposes
4
Brisbane Cricket Ground
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
PART 1--PRELIMINARY 4
title 5
Short
Clause1. This Act may be cited as the Brisbane Cricket Ground Act 1993. 6
7
Definitions
In this Act-- 8
Clause2.
"Board" means the Board of Trustees constituted by section 11; 9
"Trust" means `The Brisbane Cricket Ground Trust' continued in 10
existence by section 3. 11
ART 2--THE TRUST AND ITS BOARD 12
P
1--Establishment, functions and powers of the Trust 13
Division
of Trust 14
Establishment
The trust established under section 4 of the Brisbane Cricket 15
Clause3.
Ground Act 1958 is continued in existence under the same name `The 16
Brisbane Cricket Ground Trust'. 17
is a body corporate etc. 18
Trust
The Trust-- 19
Clause4.(1)
(a) is a body corporate; and 20
(b) has a seal; and 21
5
Brisbane Cricket Ground
(c) may sue and be sued in its corporate name. 1
(2) The Trust is a statutory body within the meaning of the-- 2
(a) Financial Administration and Audit Act 1977; and 3
(b) Statutory Bodies Financial Arrangements Act 1982. 4
does not represent State 5
Trust
Clause5. The Trust does not represent the State. 6
exempt public authority under Corporations Law 7
Trust
The Trust is an exempt public authority for the purposes of the 8
Clause6.
Corporations Law. 9
functions 10
Trust's
Clause7. The Trust's functions are to-- 11
(a) maintain the Brisbane Cricket Ground as one of Brisbane's major 12
sporting venues of comparable standard to corresponding 13
facilities in other Australian capital cities; and 14
(b) maintain the Brisbane Cricket Ground to a standard appropriate 15
for the conduct of international and interstate sporting events; and 16
(c) provide and maintain facilities for patrons that will encourage 17
public attendance at events conducted at the Brisbane Cricket 18
Ground. 19
of Trust 20
Management
The Trust must manage the Brisbane Cricket Ground in a way 21
Clause8.(1)
that-- 22
(a) is consistent with sound commercial principles and produces an 23
annual cash surplus over operating costs and committed debt 24
repayment; and 25
(b) enables the standard and status of the Brisbane Cricket Ground to 26
be steadily enhanced. 27
6
Brisbane Cricket Ground
(2) In managing the Brisbane Cricket Ground, the Trust is to have regard 1
to the requirements of the tenants of the Brisbane Cricket Ground with a 2
view to implementing policies to the mutual benefit of the tenants and the 3
Trust and for the improvement of the sports played on the Brisbane Cricket 4
Ground. 5
powers 6
Trust's
The Trust has power to do all things necessary or convenient to 7
Clause9.(1)
be done for, or in connection with, the performance of its functions. 8
(2) Without limiting subsection (1), the Trust has the powers that are 9
conferred on it by this Act. 10
(3) Without limiting subsection (1), the Trust has, for or in connection 11
with the performance of its functions, all the powers of an individual, and 12
may, for example-- 13
(a) enter into contracts; and 14
(b) acquire, hold, dispose of, and deal with property; and 15
(c) appoint agents and attorneys; and 16
(d) charge, and fix terms for goods, services and information 17
supplied by it; and 18
(e) engage consultants. 19
on Trust's power to sell land 20
Restriction
Despite section 9, the Trust must not sell an estate in fee 21
Clause10.(1)
simple in Trust land without first obtaining the Governor in Council's 22
approval. 23
(2) The Governor in Council may impose conditions on a sale approved 24
under subsection (1). 25
2--The board of trustees 26
Division
7
Brisbane Cricket Ground
Board 1
The
Clause11. There is a board of trustees of the Trust. 2
of Board 3
Role
Clause12. It is the role of the Board-- 4
(a) to decide the objectives, strategies and policies to be followed by 5
the Trust; and 6
(b) to ensure that the Trust performs its functions in a proper, 7
effective and efficient way. 8
of Board 9
Composition
The Board is to consist of not less than 5 and not more than 7 10
Clause13.
trustees. 11
Division 3--Provisions relating to trustees 12
13
Appointment
Clause14. The trustees are to be appointed by the Governor in Council. 14
of appointment 15
Duration
The appointment of a trustee is for the term (not longer than 3 16
Clause15.
years) specified in the trustee's instrument of appointment. 17
of appointment 18
Conditions
A trustee holds office on the conditions not provided in this Act 19
Clause16.
that are determined by the Governor in Council. 20
21
Chairperson
The Governor in Council must appoint 1 of the trustees as the 22
Clause17.
chairperson. 23
8
Brisbane Cricket Ground
of appointment 1
Termination
The Governor in Council may terminate the appointment of a 2
Clause18.(1)
trustee-- 3
(a) if the trustee is convicted of an indictable offence; or 4
(b) if the trustee is guilty of misconduct or neglect of duty; or 5
(c) if the trustee contravenes this Act without reasonable excuse; or 6
(d) if the trustee is unable to perform the functions of office because 7
of physical or mental incapacity; or 8
(e) if the trustee becomes bankrupt, applies to take the benefit of any 9
law for the relief of bankrupt or insolvent debtors, compounds 10
with his or her creditors or makes an assignment of his or her 11
remuneration for their benefit. 12
(2) The Governor in Council may, at any time, terminate the appointment 13
of all or any trustees for any reason or none. 14
4--Business of the Board 15
Division
onduct of business 16
C
Subject to section 20, the Board may conduct its business 17
Clause19.
(including its meetings) in the way it considers appropriate. 18
of interests by trustees 19
Disclosure
If-- 20
Clause20.(1)
(a) a trustee has a direct or indirect pecuniary interest in a matter 21
being considered, or about to be considered, by the Board; and 22
(b) the interest could conflict with the proper performance of the 23
trustee's duties in relation to consideration of the matter; 24
the trustee must disclose the nature of the interest at a meeting of the Board 25
as soon as practicable after the relevant facts come to the trustee's 26
knowledge. 27
(2) The disclosure must be recorded in the Board's minutes and, unless 28
9
Brisbane Cricket Ground
the Board otherwise determines, the trustee must not-- 1
(a) be present during any deliberations of the Board in relation to the 2
matter; or 3
(b) take part in any decision of the Board in relation to the matter. 4
(3) A trustee who makes a disclosure must not-- 5
(a) be present at any deliberation by the Board for the purpose of 6
making a determination under subsection (2); or 7
(b) take part in the making by the Board of a determination under 8
subsection (2). 9
(4) For the purposes of this section, a person is not taken to have a direct 10
or indirect pecuniary interest in a matter merely because the matter concerns 11
a tenant of which the person is a member, associate or employee. 12
Division 5--Miscellaneous 13
Trust's seal 14
The
The Trust's seal must be kept in the custody directed by the 15
Clause21.(1)
Board and may be used only as authorised by the Board. 16
(2) Judicial notice must be taken of the imprint of the Trust's seal 17
appearing on a document and the document must be presumed to have been 18
properly sealed until the contrary is proved. 19
notice of certain signatures 20
Judicial
Clause22. Judicial notice must be taken of-- 21
(a) the official signature of a person who is or has been the 22
chairperson; and 23
(b) the fact that the person holds or has held the office concerned. 24
of documents 25
Authentication
A document made by the Trust (other than a document that is 26
Clause23.(1)
required to be sealed) is sufficiently made if it is signed by the chairperson 27
10
Brisbane Cricket Ground
or a person authorised by the Trust. 1
(2) A document made by the Trust under seal is sufficiently made under 2
seal if it is sealed in the way authorised under section 21(1) and signed by 3
the chairperson or a person authorised by the Trust. 4
PART 3--GENERAL 5
property 6
Trust
The Trust holds the property of the Trust on trust for the 7
Clause24.(1)
tenants from time to time of the Trust's land. 8
(2) No part of the property of the Trust is distributable, whether by way 9
of division of profits or by way of distribution of assets, among the tenants. 10
land 11
Park
The Brisbane City Council must continue to hold the land 12
Clause25.
described as Lot 2 on Registered Plan B31553, County of Stanley, Parish of 13
South Brisbane, for public park and road purposes and for no other 14
purpose. 15
16
Register
The Board is to keep a register called `The Brisbane Cricket 17
Clause26.(1)
Ground Trust, Register of Trustees' in the form that it considers 18
appropriate. 19
(2) The register must be kept in the custody directed by the Board. 20
(3) The person who has custody of the register is to record in it the 21
names and other relevant particulars of the trustees. 22
in Council may approve schemes to improve facilities 23
Governor
The Governor in Council may approve arrangements that are not 24
Clause27.
within the power of the Board for improving the Brisbane Cricket Ground. 25
11
Brisbane Cricket Ground
1
By-laws
Clause28.(1) The Board may make by-laws for the purposes of this Act. 2
(2) A by-law may be made with respect to the following matters-- 3
(a) the conduct of, and procedures at, meetings or other proceedings 4
of the Board; 5
(b) penalties for contraventions of a by-law, not exceeding 10 penalty 6
units. 7
(3) A by-law has no effect unless approved by the Governor in Council. 8
9
Regulations
The Governor in Council may make regulations for the purposes 10
Clause29.
of this Act. 11
PART 4--TRANSITIONAL AND REPEALS 12
to continue until new appointments 13
Trustees
The persons who, immediately before the commencement of this 14
Clause30.
Act, were trustees of the Trust only continue to be trustees until the 15
appointment of new trustees under this Act. 16
of passing of this Act 17
Effect
To remove any doubt-- 18
Clause31.(1)
(a) all the assets and liabilities of the Trust immediately before the 19
commencement of this Act are the assets and liabilities of the 20
Trust; and 21
(b) all the property of the Trust immediately before the 22
commencement is the property of the Trust freed and discharged 23
from the trusts on which the property of the Trust was held 24
immediately before the commencement. 25
12
Brisbane Cricket Ground
(2) To remove any doubt, this Act does not affect-- 1
(a) any membership rights that a person had to the Brisbane Cricket 2
Ground immediately before the commencement of this Act; and 3
(b) any interest (other than as a beneficiary of the Trust) that a person 4
had in the property of the Trust immediately before the 5
commencement. 6
Towers scheme 7
Gabba
Despite the repeal of the Brisbane Cricket Ground Act 1958, 8
Clause32.
section 22B of that Act continues to apply to matters that have not been 9
completed under that section before the commencement of this Act. 10
in force under repealed Act 11
By-laws
A by-law in force under the Brisbane Cricket Ground Act 12
Clause33.(1)
1958 immediately before the commencement of this Act continues to have 13
effect after the commencement as if it had been made under this Act. 14
(2) Subsection (1) only has effect for 6 months after the commencement 15
of this Act. 16
Acts repealed 17
Clause34. The Acts specified in Schedule are repealed. 18
13
Brisbane Cricket Ground
CHEDULE 1
¡S
CTS REPEALED 2
A
section 34 3
Brisbane Cricket Ground Act 1958 4
Brisbane Cricket Ground Act Amendment Act 1971 5
Brisbane Cricket Ground Act Amendment Act 1978 6
Brisbane Cricket Ground Act Amendment Act 1982 7
Brisbane Cricket Ground Act Amendment Act 1991 8
9
© State of Queensland 1993
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