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This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Melbourne Convention and Exhibition Trust Act
1996
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
PART 2--MELBOURNE CONVENTION AND EXHIBITION
TRUST 3
4. Establishment of Trust 3
5. Functions of Trust 3
6. Powers of Trust 4
7. Ministerial directions 5
8. Members of the Trust 5
9. Terms and conditions of appointment 6
10. Chairperson 6
11. Vacancies 6
12. Temporary vacancies 7
13. Trust may act despite vacancy etc. 7
14. Pecuniary interest of members 8
15. Meetings 9
16. Staff 9
PART 3--PARTICULAR POWERS OF THE TRUST 11
Division 1--General Powers 11
17. Power to impose fees or charges 11
18. Arrangements 11
19. Reciprocal arrangements with public sector agencies 12
Division 2--Land 13
20. Trust is an authority under the Land Act 1958 13
21. Restrictions on certain dealings with land 13
PART 4--FINANCES AND REPORTING 14
22. Borrowing and investment powers 14
23. Corporate plan 14
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Clause Page
24. Statement of corporate intent--contents 15
25. Trust to act in accordance with corporate plan 16
26. Nothing void merely because of non-compliance 16
27. Half-yearly reports 16
PART 5--GENERAL 18
28. Regulations 18
PART 6--REPEAL, TRANSITIONAL AND AMENDMENTS 19
29. Definitions 19
30. Repeal 19
31. Abolition of Melbourne Exhibition Centre Trust 19
32. Transfer of assets and liabilities 19
33. Superseded references 20
34. Borrowing and Investment Powers Act 1987 20
35. Historic Buildings Act 1981 20
36. Museums Act 1983 21
NOTES 22
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531112B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
A BILL
to establish a Melbourne Convention and Exhibition Trust to manage
convention and exhibition facilities and services and to carry out
certain other functions, to abolish the Melbourne Exhibition Centre
Trust, to repeal the Melbourne Exhibition Centre Act 1994 and for
other purposes.
Melbourne Convention and Exhibition
Trust Act 1996
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to establish a Melbourne Convention and
Exhibition Trust to manage convention and
5
exhibition facilities and services and to carry
out certain other functions;
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Melbourne Convention and Exhibition Trust Act 1996
s. 2
Act No.
(b) to abolish the Melbourne Exhibition Centre
Trust;
(c) to repeal the Melbourne Exhibition Centre
Act 1994.
2. Commencement
5
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
(2) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
10
3. Definitions
"Exhibition land" means the Exhibition land set
out in the Schedule to the Museums Act
1983;
"member" in relation to the Trust, means a
15
member of the Trust and includes the
chairperson of the Trust;
"Royal Exhibition Building" means the Royal
Exhibition Building on the Exhibition land;
"Trust" means the Melbourne Convention and
20
Exhibition Trust established by this Act.
_______________
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Melbourne Convention and Exhibition Trust Act 1996
s. 4 Act No.
PART 2--MELBOURNE CONVENTION AND EXHIBITION
TRUST
4. Establishment of Trust
(1) There is established by this Act a Trust to be
known as the Melbourne Convention and
5
Exhibition Trust.
(2) The Trust--
(a) is a body corporate with perpetual
succession; and
(b) has a common seal; and
10
(c) may sue or be sued in its corporate name;
and
(d) is capable of acquiring, holding and
disposing of real and personal property; and
(e) is capable of doing or suffering anything
15
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 must not be used except
as authorised by the Trust.
20
(4) All courts 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.
5. Functions of Trust
25
The functions of the Trust are to provide for--
(a) the development, promotion, management,
operation and use of convention and
exhibition facilities and services in the City
of Melbourne and the City of Port Phillip;
30
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(b) with the approval of the Minister, the
development, promotion, management,
operation and use of tourism or hospitality
facilities and services in the City of
Melbourne and the City of Port Phillip;
5
(c) the development, promotion, management,
operation and use of facilities and services
for the parking of vehicles to be used in
conjunction with any of the Trust's facilities;
(d) with the approval of the Minister and for
10
such period as is approved by the Minister,
the promotion, management, operation and
use of--
(i) the Royal Exhibition Building; and
(ii) any part of the Exhibition land that the
15
Trust reasonably requires in
conjunction with the use of the Royal
Exhibition Building--
subject to any agreement or arrangement
between the Trust and the Council of the
20
Museum of Victoria;
(e) any other matter authorised by this Act.
6. Powers of Trust
(1) The Trust may do anything necessary or
convenient to be done for or in connection with
25
the performance of its functions.
(2) Without limiting sub-section (1), the Trust--
(a) may acquire, hold and dispose of any real or
personal property or any interest in that
property;
30
(b) may be appointed and act as a committee of
management of any land reserved under the
Crown Land (Reserves) Act 1978 for
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s. 7 Act No.
purposes that are consistent with the
functions of the Trust;
(c) may enter into contracts, agreements,
arrangements, leases and licences;
(d) may engage agents or contractors;
5
(e) may act as agent of another person.
(3) The Trust also has the powers in Part 3 and
section 22 but these powers do not limit its
general powers.
7. Ministerial directions
10
(1) The Minister may give to the Trust--
(a) general directions; or
(b) any specific direction in relation to--
(i) the spending of any amount of the
Trust's funds that is specified by the
15
Minister for the promotion of
Melbourne as a place for holding
conferences, conventions or exhibitions
or for any other purposes specified by
the Minister; or
20
(ii) any matter or class of matters specified
in the direction.
(2) The Trust must carry out its functions and duties
and exercise its powers subject to--
(a) the general direction and control of the
25
Minister; and
(b) any specific direction given by the Minister
under this section.
8. Members of the Trust
The Trust consists of not less than 3, and not more
30
than 7, part-time members appointed by the
Governor in Council having regard to their
5
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s. 9
Act No.
capacity to carry out the functions of the Trust and
having qualifications and experience that the
Governor in Council considers appropriate.
9. Terms and conditions of appointment
(1) A member of the Trust may be appointed for any
5
term not exceeding 3 years that is specified in the
instrument of appointment, but is eligible for re-
appointment.
(2) A member is entitled to be paid any remuneration
or travelling or other allowances that are fixed for
10
that member from time to time by the Governor in
Council.
(3) The Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8) does
not apply to a member in respect of the office of
15
member.
(4) A member is appointed subject to any other terms
and conditions that are specified in the instrument
of appointment.
10. Chairperson
20
(1) The Minister must appoint one member to be
chairperson of the Trust.
(2) The chairperson may resign that office by notice
in writing signed by the chairperson and delivered
to the Minister.
25
11. Vacancies
(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 if the
member--
30
(a) becomes bankrupt; or
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s. 12 Act No.
(b) is convicted of an indictable offence or of an
offence which, if committed in Victoria,
would be an indictable offence; or
(c) is absent from 3 consecutive meetings of the
Trust without the prior leave of the Trust.
5
12. Temporary vacancies
(1) If--
(a) the office of a member is vacant; or
(b) a member is unable, whether because of
illness or otherwise, to perform the duties of
10
the 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) While a person is acting as a member, the person
15
has and may perform all the powers and must
exercise all the 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
20
allowances fixed for an acting member by the
Minister.
13. Trust may act despite vacancy etc.
An act or decision of the Trust is not invalid only
because--
25
(a) of a defect or irregularity in or in connection
with the appointment of a member; or
(b) of a vacancy in the office of a member; or
(c) in the case of an acting member, the
occasion for the member acting has not
30
arisen or had ceased.
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s. 14
Act No.
14. Pecuniary interest of members
(1) If--
(a) a member has a direct or indirect pecuniary
interest in a matter being considered or about
to be considered by the Trust; and
5
(b) the interest could conflict with the proper
performance of the member's duties in
relation to the consideration of the matter--
the member, as soon as practicable after becoming
aware of the relevant facts, must declare the
10
nature of the interest to the Trust.
(2) The Trust or the chairperson must cause a record
of the declaration to be tabled and recorded in the
minutes of the meeting or, if the declaration is not
made at a meeting of the Trust, at the next
15
meeting of the Trust.
(3) A member who has a conflict of interest in a
matter--
(a) must not be present during any deliberations
on the matter, unless the Trust directs
20
otherwise; and
(b) is not entitled to vote on the matter.
(4) If a member votes on a matter in contravention of
sub-section (3)(b), the member's vote must be
disallowed.
25
(5) A member who has a conflict of interest in a
matter must not be present during any
deliberations leading to a direction, or take part in
making a direction, under sub-section (3)(a).
(6) For the purposes of this section, a member is not
30
to be regarded as having a conflict of interest--
(a) in relation to the supply of goods or services
to the member if the goods or services are, or
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s. 15 Act No.
are to be, available to members of the public
on the same terms and conditions; or
(b) in a contract or arrangement because that
contract or arrangement may benefit a
company or other body in which the member
5
has a beneficial interest that does not exceed
1% of the total nominal value of beneficial
interests in that company or body.
15. Meetings
(1) At any meeting of the Trust, the chairperson shall
10
preside or, in the absence of the chairperson, the
members may elect one of their number to
preside.
(2) A question must not be determined at a meeting of
the Trust unless a quorum consisting of a majority
15
of its current membership is present.
(3) A question arising at a meeting of the Trust shall
be determined by a majority of the members
present and voting on that question and, in the
event of an equality of votes, the person presiding
20
has a second or casting vote.
(4) The Trust must meet at the times and places
determined by it or, in the absence of a
determination by the Trust, by the chairperson.
16. Staff
25
(1) The Trust may appoint an executive officer and
may employ or engage any other officers,
employees or persons that are necessary for the
performance of its functions.
(2) The executive officer holds office--
30
(a) for the term not exceeding 5 years that is
specified in the instrument of appointment
but is eligible for re-appointment; and
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s. 16
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(b) on any other terms and conditions that are
specified in the instrument of appointment.
_______________
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s. 17 Act No.
PART 3--PARTICULAR POWERS OF THE TRUST
Division 1--General Powers
17. Power to impose fees or charges
The Trust has power to impose fees or charges for
providing any facilities or services.
5
18. Arrangements
The Trust, with the approval of the Minister, may
do all or any of the following for the purposes of
performing its functions under this Act--
(a) form, or participate in the formation of, a
10
corporation, trust, partnership or other body;
(b) subscribe for, or otherwise acquire, and hold
and dispose of shares in, or debentures or
other securities of, a corporation;
(c) subscribe for, or otherwise acquire, and hold
15
and dispose of, units in a trust;
(d) acquire and hold and dispose of an interest in
a partnership or other body;
(e) enter into any contract, agreement or
arrangement with a person for the sharing of
20
profits, a union of interest, co-operation, a
joint venture, a reciprocal concession or
otherwise.
(2) Sub-section (1) applies whether a person or body
referred to in that sub-section or a party to a
25
contract, agreement or arrangement under sub-
section (1)(e) is formed in Victoria or elsewhere.
(3) An approval under this section may be given for a
particular case or a class of cases.
30
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Melbourne Convention and Exhibition Trust Act 1996
s. 19
Act No.
19. Reciprocal arrangements with public sector agencies
(1) With the consent of the Governor in Council
given on the Minister's recommendation, the Trust
may enter into an agreement or arrangement with
a public sector agency concerning--
5
(a) the performance or exercise by the Trust and
the public sector agency of any of their
respective functions or powers; or
(b) the carrying out or providing by the Trust for
the public sector agency, or by the public
10
sector agency for the Trust, of any works or
services; or
(c) the use or joint use by the Trust and the
public sector agency of their respective
facilities or the services of their respective
15
staff; or
(d) the allocation of funds collected under the
agreement or arrangement.
(2) If the Trust proposes to enter into an agreement or
arrangement providing for the allocation of funds
20
to be collected under the agreement or
arrangement, the Minister must consult the
Treasurer about the proposal before making any
recommendation under sub-section (1).
(3) In this section "public sector agency" means a
25
Minister, government department, body
established by or under an Act for a public
purpose, municipal council or committee of
management of Crown lands.
30
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s. 20 Act No.
Division 2--Land
20. Trust is an authority under the Land Act 1958
(1) The Trust is an authority for the purposes of
section 22A of the Land Act 1958.
(2) The powers conferred on the Trust by section 22A
5
of the Land Act 1958 as applied by this section
are in addition to and do not derogate from any of
the Trust's other functions or powers and any
other provisions of this Act.
21. Restrictions on certain dealings with land
10
The Trust must not--
(a) sell, mortgage or otherwise dispose of land
in fee simple or any part of it; or
(b) use or permit to be used any land vested in
the Trust or managed or controlled by the
15
Trust or any part of that land otherwise than
for the purposes of the Trust--
without the approval in writing of the Minister.
_______________
20
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Melbourne Convention and Exhibition Trust Act 1996
s. 22
Act No.
PART 4--FINANCES AND REPORTING
22. Borrowing and investment powers
The Trust has the powers conferred on it by the
Borrowing and Investment Powers Act 1987.
23. Corporate plan
5
(1) The Trust must prepare a corporate plan each
year.
(2) The Trust must give a copy of the proposed plan
to the Minister on or before 31 May in each year.
(3) The proposed corporate plan must be in or to the
10
effect of a form approved by the Minister and
must include--
(a) a statement of corporate intent in accordance
with section 24;
(b) a business plan containing the information
15
required by the Minister;
(c) financial statements containing the
information required by the Minister.
(4) The Trust must consider any comments on the
proposed plan that are made to it by the Minister
20
within 2 months after the plan was submitted to
the Minister.
(5) The Trust must consult in good faith with the
Minister following communication to it of the
comments, must make such changes to the plan as
25
are agreed between the Minister and the Trust and
must deliver the completed plan to the Minister
within 2 months after the commencement of the
financial year.
(6) The plan, or any part of the plan, must not be
30
published or made available except for the
14
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Melbourne Convention and Exhibition Trust Act 1996
s. 24 Act No.
purposes of this Part without the prior approval of
the Trust and the Minister.
(7) The plan may be modified at any time by the
Trust with the agreement of the Minister.
(8) If the Trust, by written notice to the Minister,
5
proposes a modification of the plan the Trust may,
within 14 days, make the modification unless the
Minister, by written notice to the Trust, directs the
Trust not to make it.
(9) The Minister may, from time to time, by written
10
notice to the Trust, direct the Trust to include in,
or omit from, a statement of corporate intent,
business plan or financial statement, any specified
matters.
(10) Before giving a direction under sub-section (9),
15
the Minister must consult with the Trust as to the
matters to be referred to in the direction.
(11) The Trust must comply with any direction under
sub-section (9).
(12) At any particular time, the statement of corporate
20
intent, the business plan or the financial
statements for the Trust are the statements and
plans last completed, with any modifications or
deletions made in accordance with this Part.
24. Statement of corporate intent--contents
25
Each statement of corporate intent must specify
for the Trust, in respect of the financial year to
which it relates and each of the 2 following
financial years, the following information--
(a) the objectives of the Trust;
30
(b) the main undertakings of the Trust;
(c) the nature and scope of the activities to be
undertaken by the Trust;
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s. 25
Act No.
(d) the accounting policies to be applied in the
accounts;
(e) the performance targets and other measures
by which the performance of the Trust may
be judged in relation to its stated objectives;
5
(f) the kind of information to be provided to the
Minister by the Trust during the course of
those financial years, including the
information to be included in each half-
yearly report;
10
(g) such other matters as may be agreed by the
Minister and the Trust from time to time.
25. Trust to act in accordance with corporate plan
The Trust must act only in accordance with its
corporate plan, as existing from time to time,
15
unless it has first obtained the written approval of
the Minister to do otherwise.
26. Nothing void merely because of non-compliance
Nothing done by the Trust is void or
unenforceable merely because the Trust has failed
20
to comply with this Part.
27. Half-yearly reports
(1) The Trust must give to the Minister a report of the
operations of the Trust during the period of 6
months ending on the preceding 31 December and
25
financial statements for that period.
(2) The report must be given to the Minister in
February in each year or at any other time that the
Minister approves or requires.
30
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s. 27 Act No.
(3) If the Minister, by notice in writing given to the
Trust, requires certain information to be included
in a report, that information must be included in
the report.
5 _______________
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Melbourne Convention and Exhibition Trust Act 1996
s. 28
Act No.
PART 5--GENERAL
28. Regulations
(1) The Governor in Council may make regulations
prescribing any matter or thing required or
permitted by this Act to be prescribed or
5
necessary to be prescribed to give effect to this
Act.
(2) The regulations are subject to disallowance by a
House of the Parliament.
10 _______________
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Melbourne Convention and Exhibition Trust Act 1996
s. 29 Act No.
PART 6--REPEAL, TRANSITIONAL AND AMENDMENTS
29. Definitions
In this Part--
"new Trust" means the Melbourne Convention
and Exhibition Trust established by this Act;
5
"old Trust" means the Melbourne Exhibition
Centre Trust abolished by this Act.
30. Repeal
The Melbourne Exhibition Centre Act 1994 is
repealed.
10
31. Abolition of Melbourne Exhibition Centre Trust
(1) The Melbourne Exhibition Centre Trust
established by the Melbourne Exhibition Centre
Act 1994 is abolished and its members go out of
office.
15
(2) A person holding office as a member of the
Melbourne Exhibition Centre Trust immediately
before the commencement of this section--
(a) ceases to hold that office; and
(b) is not entitled to any remuneration or
20
compensation because of that loss of office.
32. Transfer of assets and liabilities
(1) The new Trust is the successor in law of the old
Trust.
(2) All assets, property (including intellectual
25
property) and rights vested in or held by the old
Trust immediately before the commencement of
this section vest, by force of this section, in the
new Trust.
(3) All liabilities of the old Trust existing
30
immediately before the commencement of this
19
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Melbourne Convention and Exhibition Trust Act 1996
s. 33
Act No.
section become, by force of this section, liabilities
of the new Trust.
(4) The new Trust is, by force of this section,
substituted as a party to any current agreement,
contract, lease or other arrangement (including
5
one relating to the terms and conditions of
employment of a person referred to in section 17
of the Melbourne Exhibition Centre Act 1994),
and to any proceedings pending in any court or
tribunal, to which the old Trust was a party
10
immediately before the commencement of this
section.
(5) The new Trust may continue and complete any
other continuing matter or thing commenced by or
against or in relation to the old Trust.
15
(6) The operation of sub-section (4) does not confer
on a party to an agreement, contract, lease or other
arrangement any right or benefit not existing
before the commencement of this section.
33. Superseded references
20
A reference in any Act (other than this Act) or in
any instrument made under any Act to the old
Trust is to be construed as a reference to the new
Trust, unless the context requires otherwise.
34. Borrowing and Investment Powers Act 1987
25
No. 13/1987.
In Schedule 1 to the Borrowing and Investment
Powers Act 1987 for item 31 substitute--
Melbourne Convention 5, 8, 10, 11, 11AA, 12,
"31. and Exhibition Trust 14, 20, 21".
35. Historic Buildings Act 1981
No. 9667.
In section 3 of the Historic Buildings Act 1981,
in the definition of "public authority", for
30
"Melbourne Exhibition Centre Trust" substitute
"Melbourne Convention and Exhibition Trust".
20
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Melbourne Convention and Exhibition Trust Act 1996
s. 36 Act No.
36. Museums Act 1983
No. 9903. In section 27 of the Museums Act 1983 for
"Melbourne Exhibition Centre Trust" (where
twice occurring) substitute "Melbourne
Convention and Exhibition Trust".
5
21
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Melbourne Convention and Exhibition Trust Act 1996
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
22
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