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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Melbourne Cricket Ground (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Definition 2
5. Substitution of section 5A 2
5A. Trustees 2
6. Repeal of sections 6 and 6A 2
7. Insertion of sections 6C to 6J 3
6C. Terms and conditions of appointment of members of the
Trust 3
6D. Resignation, removal and vacancies 3
6E. Validity of decisions 3
6F. Pecuniary and other interests of members 4
6G. Meetings 4
6H. Staff 5
6I. Power of Minister to give direction 6
6J. Delegation 6
8. Repeal of delegation powers 6
9. Repeal of section 7A 6
10. Insertion of new sections 7F to 7J 6
7F. Business plan 6
7I. Annual Report 8
7J. Tendering for management contracts 8
11. New section 8A inserted 9
8A. Commercial exploitation of name prohibited 9
12. Insertion of new sections 12 and 13 9
12. Transitional provision--Melbourne Cricket Ground
(Amendment) Act 1998--rights of former Trustees to
access to the ground 9
13. Transitional provision--Melbourne Cricket Ground
(Amendment) Act 1998--effect of restructuring of Trust 10
NOTES 11
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PARLIAMENT OF VICTORIA
A BILL
to amend the Melbourne Cricket Ground Act 1933 and for other
purposes.
Melbourne Cricket Ground
(Amendment) Act 1998
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Melbourne Cricket Ground Act 1933.
2. Commencement
(1) Section (1) and this section come into operation
on the day on which this Act receives the Royal
Assent.
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(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 February 2000, it
comes into operation on that day.
Act No. 4149. 3. Principal Act
Reprint No. 1
In this Act, the Melbourne Cricket Ground Act
as at 25 July
1996.
1933 is called the Principal Act.
4. Definition
In section 2 of the Principal Act insert the
following definition--
' "member" includes the chairperson of the
Trust;'.
5. Substitution of section 5A
For section 5A of the Principal Act substitute--
"5A. Trustees
On and after the commencement of section 5
of the Melbourne Cricket Ground
(Amendment) Act 1998, the trustees are to
be as follows--
(a) a chairperson appointed by the
Governor in Council;
(b) 6 persons appointed by the Governor in
Council, being persons who have
experience in sports, sports
administration, business, financial or
community affairs.".
6. Repeal of sections 6 and 6A
Sections 6 and 6A of the Principal Act are
repealed.
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7. Insertion of sections 6C to 6J
After section 6B of the Principal Act insert--
"6C. Terms and conditions of appointment of
members of the Trust
(1) A member of the Trust holds office for the
period, not exceeding 5 years, specified in
his or her instrument of appointment.
(2) A member is eligible for re-appointment.
(3) A member is entitled to receive the fees,
travelling and other allowances from time to
time fixed by the Governor in Council in
respect of that member.
(4) A member is subject to any other terms and
conditions that are specified in the
instrument of appointment.
6D. Resignation, removal and vacancies
(1) A member of the Trust may resign the office
of member by writing signed by the member
and addressed to the Governor in Council.
(2) The Governor in Council may, at any time,
remove a member of the Trust from office.
(3) If a member of the Trust resigns or is
removed from office the Governor in
Council, in accordance with this Act, may
fill the vacant office.
6E. Validity of decisions
An act or decision of the Trust is not invalid
merely because of--
(a) a defect or irregularity in, or in
connection with, the appointment of a
member; or
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Act No.
(b) a vacancy in the membership of the
Trust, including a vacancy arising from
the failure to appoint an original
member.
6F. Pecuniary and other interests of members
(1) A member who--
(a) has a direct or indirect pecuniary
interest in; or
(b) has an interest which would conflict
with the proper performance of the
member's duties in relation to--
a matter being considered or about to be
considered by the Trust must, as soon as
practicable after the relevant facts have come
to his or her knowledge, declare the nature of
the interest at the meeting.
(2) A person presiding at a meeting at which a
declaration is made must cause a record of
the declaration to be made in the minutes of
the meeting.
(3) After a declaration is made by a member--
(a) unless the Trust otherwise directs, the
member must not be present during any
deliberation with respect to the matter;
and
(b) the member is not entitled to vote on
the matter; and
(c) if the member does vote on the matter,
the vote must be disallowed.
6G. Meetings
(1) The chairperson of the Trust must preside at
a meeting of the Trust at which the
chairperson is present.
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Act No.
(2) If the chairperson is absent from a meeting
of the Trust, the members present at the
meeting must elect one of those members to
preside at the meeting.
(3) A majority of members of the Trust for the
time being constitutes a quorum of the Trust.
(4) A question arising at a meeting of the Trust
must be determined by a majority of votes of
members present and voting on that question
and, if the voting is equal, the person
presiding has a casting vote as well as a
deliberative vote.
(5) The Trust may permit members to participate
in a particular meeting, or all meetings, by
telephone, closed circuit television or other
means of communication.
(6) Subject to this section, the Trust may
regulate its own proceedings.
6H. Staff
(1) The Trust may appoint a natural person as
the chief executive officer of the Trust.
(2) The chief executive officer holds office for
the period, not exceeding 5 years, that is
specified in the instrument of his or her
appointment and subject to any terms and
conditions that are specified in the
instrument of appointment.
(3) Subject to any terms and conditions specified
in the instrument of appointment, the chief
executive officer is eligible for re-
appointment.
(4) The Trust may engage any other employees
that are necessary for the performance of its
functions.
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Act No.
6I. Power of Minister to give direction
(1) The Minister, after consultation with the
Treasurer, may give a written direction to the
Trust on the performance, discharge or
exercise by it of any of its functions, duties
or powers under this Act.
(2) The Trust must comply with such a
direction.
(3) The Trust must, in the manner and time
specified by the Minister, give the Minister
the information the Minister requires to
enable the Minister to determine whether or
not the Trust has complied with such a
direction.
6J. Delegation
The Trust may, by instrument under its
common seal, delegate to one or more
members of the Trust, any function, power or
duty of the Trust, other than this power of
delegation.".
8. Repeal of delegation powers
In section 7 of the Principal Act, sub-sections (2)
and (3) are repealed.
9. Repeal of section 7A
Section 7A of the Principal Act is repealed.
10. Insertion of new sections 7F to 7J
After section 7E of the Principal Act insert--
'7F. Business plan
(1) The Trust must prepare a business plan for
each year.
(2) The Trust must give a copy of the plan it has
prepared to--
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Act No.
(a) the Minister; and
(b) the Minister administering the Sport
and Recreation Act 1972; and
(c) the Treasurer--
on or before the date in each year that is
determined by the Minister.
(3) The business plan must be in or to the effect
of a form approved by each specified
Minister and must include--
(a) a statement of corporate intent, being
information about the objectives, main
undertakings, activities, accounting
policies and performance measures of
the Trust;
(b) financial statements of the Trust,
containing the information (if any)
required by a specified Minister;
(c) any other matter that a specified
Minister directs.
(4) The Trust must consider any comment on the
plan prepared under sub-section (3) that is
made by a specified Minister within 2
months after the plan was submitted to the
Minister.
(5) If a specified Minister has made a comment
the Trust is required to consider under sub-
section (4), the Trust must consult in good
faith with the Minister, and, must make any
changes to the plan that are agreed upon
between the Minister and the Trust and must
deliver the settled plan to each specified
Minister.
(6) The plan, or any part of the plan, must not be
published or made available except for the
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purposes of this section without the prior
approval of each specified Minister.
(7) In this section and in section 7I--
"specified Minister" means the Treasurer
or a Minister specified under sub-
section (2)(a) or (b).
7I. Annual Report
(1) On or before 30 September in each year the
Trust must submit a report to each specified
Minister in respect of the preceding financial
year.
(2) A report under sub-section (1) must
contain--
(a) a report of the operations of the Trust
during the financial year; and
(b) financial statements for the financial
year.
(3) If all specified Ministers so agree, the Trust
may submit the report on any date after
30 September which has been agreed upon
by the Ministers.
(4) The Minister must cause a copy of the report
to be laid before each House of the
Parliament within 10 sitting days of the
House next following the date on which the
report is submitted.
7J. Tendering for management contracts
(1) If the Trust has decided to enter into a
contract for the management of the whole or
a part of the ground, the Trust may call for
tenders by public notice.
(2) Before awarding the contract, the Trust must
consider all tenders received by it before the
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Act No.
date specified in the public notice as the last
date for the receipt of tenders.
(3) The Trust may only award the contract to a
person who has submitted a tender in
response to and in accordance with a public
notice, but is not required to award the
contract to the lowest tenderer.'.
11. New section 8A inserted
After section 8 of the Principal Act insert--
'8A. Commercial exploitation of name
prohibited
A person must not, in the course of a trade or
business, assign the name "Melbourne
Cricket Ground" or the initials "MCG" as the
name, or part of the name, of any place that
is not the Ground, or a part of the Ground,
unless authorised by the Trust.'.
12. Insertion of new sections 12 and 13
After section 11 of the Principal Act insert--
"12. Transitional provision--Melbourne Cricket
Ground (Amendment) Act 1998--rights of
former Trustees to access to the ground
(1) A person--
(a) who was, immediately before the
commencement of section 5 of the
Melbourne Cricket Ground
(Amendment) Act 1998, a Trustee
appointed under section 5A(1), as in
force immediately before that
commencement; or
(b) who had been, at any time, a Trustee
under that section or any corresponding
previous enactment--
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s. 12
Act No.
is entitled to access, without payment of a
fee, to those areas of the ground to which the
general public has access for all sporting
events for the remainder of his or her life.
(2) Sub-section (1) does not apply to a person--
(a) who was, immediately before the
commencement of section 5 of the
Melbourne Cricket Ground
(Amendment) Act 1998, a Trustee
under section 5A(1)(a) or (d)(i) or (ii),
as in force immediately before that
commencement; or
(b) who had been, at any time, a Trustee
under those provisions or any
corresponding previous enactment.
13. Transitional provision--Melbourne Cricket
Ground (Amendment) Act 1998--effect of
restructuring of Trust
(1) On the commencement of section 5 of the
Melbourne Cricket Ground (Amendment)
Act 1998 the Trustees appointed under
section 5A(1)(a), (b), (c), and (d) (as in force
immediately before that commencement) go
out of office.
(2) Despite the commencement of section 5 of
the Melbourne Cricket Ground
(Amendment) Act 1998, the Trust is
deemed to be the same body on and after that
commencement as it was before that
commencement.".
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Melbourne Cricket Ground (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Melbourne Cricket Ground (Amendment) Act 1998
Act No.
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