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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Melbourne Cricket Ground Bill 2008
TABLE OF PROVISIONS
Clause Page
1 Purpose 4
2 Commencement 4
3 Definitions 4
4 Melbourne Cricket Ground Trust 5
5 Grant of Ground to Trust 6
6 Powers and functions 7
7 Constitution of Trust 8
8 Terms and conditions of appointment of members 8
9 Resignation, removal and vacancies 8
10 Validity of decisions of Trust 9
11 Pecuniary and other interests of members 9
12 Meetings 10
13 Staff 10
14 Power of Minister to give direction 10
15 Delegation 11
16 Leases and licences 11
17 Tendering for management contracts 11
18 Melbourne Cricket Club may be Ground manager 12
19 Melbourne Cricket Club may receive fees and charges 12
20 Delegation to Melbourne Cricket Club 13
21 Delegation by Melbourne Cricket Club 13
22 Borrowing powers of Trust 13
23 Guarantees for Melbourne Cricket Club 14
24 Business plan 16
25 Annual report 17
26 Commercial exploitation of name prohibited 17
27 Spectator stands 18
28 Floodlight towers 18
29 Ministerial determination in relation to floodlights 18
30 Operation of floodlights 19
31 No injunction or other relief 19
32 Regulations 20
33 Transitional provisions 21
561296B.I-2/12/2008 i BILL LA INTRODUCTION 2/12/2008
Clause Page
34 Repeal of Melbourne Cricket Ground Acts 25
35 Consequential amendments to various Acts 25
ENDNOTES 26
561296B.I-2/12/2008 ii BILL LA INTRODUCTION 2/12/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Melbourne Cricket Ground Bill 2008
A Bill for an Act to re-enact and further provide for the law relating to
the Melbourne Cricket Ground, to repeal the Melbourne Cricket
Ground Act 1933, the Melbourne Cricket Ground Act 1951, the
Melbourne Cricket Ground (Trustees) Act 1957, the Melbourne
Cricket Ground Act 1983, the Melbourne Cricket Ground Act
1984, the Melbourne Cricket Ground (Guarantees) Act 1984 and
the Melbourne Cricket Ground Trust Act 1989, to make
consequential amendments to various other Acts and for other
purposes.
Preamble
By an Order in Council dated 9 December 1861
land known as the Melbourne Cricket Ground was
permanently reserved as a metropolitan cricket
ground.
By a Crown grant dated 17 June 1862 the
Melbourne Cricket Ground was granted to the
trustees of the Melbourne Cricket Ground upon
trust that the Ground and the buildings on it be
maintained and used as and for a place for playing
cricket and for related conveniences.
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Preamble
By an Order in Council dated 9 June 1873 land
described in Crown grant Volume 600 Folio
119902 was permanently reserved as a site for a
public park.
By a Crown grant dated 13 June 1873 land
described in Crown grant Volume 600 Folio
119902 and the buildings on it were for the time
being granted to the Board of Land and Works and
the City of Melbourne upon trust to be maintained
and used as a public park and related
conveniences.
By a deed executed by the Board of Land and
Works on 2 October 1929 and by the City of
Melbourne on 6 November 1929 the Board and the
City of Melbourne as trustees of the land described
in Crown grant Volume 600 Folio 119902 granted
to the Melbourne Cricket Club permission to
occupy and use in connection with the Melbourne
Cricket Ground an area of land being part of the
land described in the Crown grant.
In order to provide more adequate accommodation
for the public at the Melbourne Cricket Ground,
particular areas of land described in Crown grant
Volume 600 Folio 119902 were subsequently
added to and included in the Melbourne Cricket
Ground.
Certain adjustments to the boundaries of the
Melbourne Cricket Ground and particular areas of
the land described in Crown grant Volume 600
Folio 119902, and further provision with respect to
the use and management of the Melbourne Cricket
Ground, were made by the Melbourne Cricket
Ground Act 1933.
Under the Melbourne Cricket Ground Act 1933,
the permanent reservation and the Crown grant of
the Melbourne Cricket Ground and particular areas
of the land described in Crown grant Volume 600
Folio 119902 were revoked. Land described in the
Fifth Schedule to that Act and known as the
ground was granted to the trustees of the
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Preamble
Melbourne Cricket Ground upon trust that the
Ground be maintained and used as and for a place
for playing at cricket and for conveniences
connected therewith and when not required for
cricket for such other purposes not inconsistent
with the foregoing as the trustees think fit and for
no other purpose whatsoever.
By a Crown grant dated 4 December 1933 land
including the Melbourne Cricket Ground and
particular areas of the land formerly described in
Crown grant Volume 600 Folio 119902 were
entered as a Crown grant in the register book of the
Office of Titles Volume 5925 Folio 1184828.
By an Order in Council dated 20 February 1934
land described in Crown grant Volume 5925 Folio
1184828 was permanently reserved as a site for the
Melbourne Cricket Ground.
Under the Melbourne Cricket Ground
(Trustees) Act 1957 amendments were made in
relation to the trustees of the Melbourne Cricket
Ground.
Certain adjustments to the boundaries of the
Melbourne Cricket Ground were made by the
Melbourne Cricket Ground Act 1951, the
Melbourne Cricket Ground Act 1962 and the
Melbourne Cricket Ground Act 1963.
Under the Melbourne Cricket Ground Act 1984
provision was made for the construction and
operation of floodlights at the Melbourne Cricket
Ground.
Under the Melbourne Cricket Ground
(Guarantees) Act 1984 the Treasurer was
authorised to guarantee the repayment or
satisfaction of money borrowed or advances or
other financial accommodation obtained by the
Melbourne Cricket Club and amendments were
made with respect to the borrowing powers of the
Melbourne Cricket Club.
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s. 1
The trustees of the Melbourne Cricket Ground
were incorporated and the powers of the
Melbourne Cricket Ground Trust widened under
the Melbourne Cricket Ground Trust Act 1989.
It is expedient to re-enact the law relating to the
Melbourne Cricket Ground.
The Parliament of Victoria therefore enacts:
1 Purpose
The purpose of this Act is to--
(a) re-enact and further provide for the law
relating to the Melbourne Cricket Ground;
5 and
(b) repeal the Melbourne Cricket Ground Act
1933, the Melbourne Cricket Ground Act
1951, the Melbourne Cricket Ground
(Trustees) Act 1957, the Melbourne
10 Cricket Ground Act 1983, the Melbourne
Cricket Ground Act 1984, the Melbourne
Cricket Ground (Guarantees) Act 1984
and the Melbourne Cricket Ground Trust
Act 1989; and
15 (c) make consequential amendments to various
other Acts.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
20 3 Definitions
In this Act--
chairperson means a person appointed under
section 7(a);
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s. 4
financial accommodation has the same meaning
as in the Borrowing and Investment
Powers Act 1987;
financial arrangement means an arrangement
5 entered into for the purpose of managing,
lessening, hedging or protecting against
movements in interest or discount rates or
other costs of obtaining financial
accommodation;
10 Ground means the land and strata described as
Crown Allotments 1, 1A, 1B, 1C and 1D of
Section 19C and Crown Allotments 2003,
2013, 2014, 2015, 2016, 2017, 2018 and
2065 at East Melbourne, City of Melbourne,
15 Parish of Melbourne North;
Melbourne Cricket Club means the body
corporate constituted by the Melbourne
Cricket Club Act 1974 under the name
"Melbourne Cricket Club";
20 member means a person appointed to the Trust
under section 7(a) or section 7(b);
specified Minister means--
(a) the Minister; or
(b) the Minister administering the Sport
25 and Recreation Act 1972; or
(c) the Treasurer;
Trust means the Melbourne Cricket Ground Trust
established under section 4.
4 Melbourne Cricket Ground Trust
30 (1) There is established a trust known as the
Melbourne Cricket Ground Trust.
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s. 5
(2) The Trust--
(a) is a body corporate with perpetual
succession; and
(b) has a common seal; and
5 (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
10 which by law bodies corporate may do or
suffer.
5 Grant of Ground to Trust
(1) The Trust is deemed to be the grantee of the
Ground.
15 (2) Crown grant Volume 5925 Folio 1184828 is
deemed to have effect subject to subsection (1) as
follows--
(a) all land and strata set out in the definition of
the Ground are deemed to be included in,
20 and form part of, the land referred to in the
Crown grant; and
(b) the Trust is deemed to be the body to which
the land and strata is granted under the
Crown grant.
25 (3) The Ground is deemed to continue to be
permanently reserved under section 4(1) of the
Crown Land (Reserves) Act 1978 for the public
to be maintained and used as and for a place for
playing at cricket and for conveniences connected
30 therewith and, when not required for cricket, for
such other purposes not inconsistent with the
foregoing as the Trust thinks fit, and for no other
purpose whatsoever.
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s. 6
6 Powers and functions
(1) The functions of the Trust are--
(a) to manage, control and make improvements
to the Ground at the Trust's discretion; and
5 (b) to carry out any other function conferred on
or given to the Trust by or under this Act or
any other Act; and
(c) upon the request of the Minister, to provide
to the Minister advice in relation to--
10 (i) the construction and management of
sporting facilities; or
(ii) the management of major sporting
events.
(2) The Trust has power to do all things necessary for
15 carrying out its functions.
(3) Without limiting subsection (2), the Trust, with
the approval of the Treasurer and for the purposes
of carrying out its functions, may--
(a) invest money of the Trust in any manner
20 approved by the Treasurer;
(b) form, or participate in the formation of, a
corporation, trust or partnership;
(c) subscribe for or otherwise acquire, hold and
dispose of or otherwise deal with any
25 securities of a corporation;
(d) subscribe for or otherwise acquire, hold and
dispose of units in a unit trust;
(e) become a member of a corporation, trust,
partnership or joint venture;
30 (f) enter into any arrangement for the sharing of
profits.
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s. 7
7 Constitution of Trust
The Trust consists of--
(a) a chairperson appointed by the Governor in
Council; and
5 (b) not less than 6 and not more than 8 members
appointed by the Governor in Council, being
persons who have experience in sports,
sports administration, business, financial or
community affairs.
10 8 Terms and conditions of appointment of members
A member--
(a) may be appointed for the period not
exceeding 5 years that is specified in the
member's instrument of appointment; and
15 (b) is eligible for reappointment; and
(c) is entitled to receive fees, travelling and
other allowances from time to time fixed by
the Governor in Council; and
(d) is subject to any other terms and conditions
20 that are specified in the member's instrument
of appointment.
9 Resignation, removal and vacancies
(1) A member may resign by giving notice in writing
to the Governor in Council.
25 (2) The Governor in Council may remove a member
at any time if the member--
(a) becomes incapable of performing his or her
duties as a member; or
(b) is negligent in the performance of his or her
30 duties as a member; or
(c) engages in improper conduct; or
(d) fails to disclose a conflict of interest; or
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s. 10
(e) becomes insolvent under administration; or
(f) is found guilty of an offence against the
Corporations Act.
(3) If a member of the Trust resigns or is removed,
5 the Governor in Council may appoint another
member in accordance with this Act.
10 Validity of decisions of Trust
An act or decision of the Trust is not invalid
merely because of--
10 (a) a defect or irregularity in, or in connection
with, the appointment of a member; or
(b) a vacancy in the membership of the Trust.
11 Pecuniary and other interests of members
(1) If a member--
15 (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--
20 a matter being considered or about to be
considered by the Trust at a meeting, the member
must declare the nature of the interest at the
meeting, as soon as practicable after the relevant
facts have come to his or her knowledge.
25 (2) The person presiding at a meeting at which a
declaration under subsection (1) is made must
ensure that the declaration is recorded in the
minutes of the meeting.
(3) If a declaration is made under subsection (1)--
30 (a) unless the Trust otherwise directs, the
member must not be present during any
deliberation with respect to the matter; and
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s. 12
(b) the member is not entitled to vote on the
matter; and
(c) if the member votes on the matter, the vote
must be disallowed.
5 12 Meetings
(1) The chairperson must preside at a meeting of the
Trust at which the chairperson is present.
(2) If the chairperson is absent, the members present
at the meeting must elect one of those members to
10 preside at the meeting.
(3) A majority of members for the time being
constitutes a quorum of the Trust.
(4) A question arising at a meeting must be
determined by a majority of votes of members
15 present and voting on that question.
(5) The person presiding at a meeting has a
deliberative vote and, in the event of an equality
of votes on any question, a second or casting vote.
(6) The Trust may permit members to participate in a
20 meeting by electronic or other means of
communication.
(7) Subject to this Act, the Trust may regulate its own
proceedings.
13 Staff
25 The Trust may employ any such persons as are
necessary for the performance of its functions.
14 Power of Minister to give direction
(1) The Minister, after consultation with the
Treasurer, may give a written direction to the
30 Trust on the performance, discharge or exercise
by it of any of its functions, duties or powers
under this Act.
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s. 15
(2) The Trust must comply with a direction given
under subsection (1).
(3) The Trust must give the Minister any information
the Minister requires to enable the Minister to
5 determine whether the Trust has complied with
such a direction.
15 Delegation
The Trust, by instrument under its common seal,
may delegate to a member of the Trust any
10 function, power or duty of the Trust, other than
this power of delegation.
16 Leases and licences
Despite anything to the contrary in the Crown
Land (Reserves) Act 1978 or any other Act or
15 law, the Trust, with the approval of the Minister--
(a) may grant leases for terms not exceeding
99 years; and
(b) may grant licences for terms not exceeding
50 years--
20 in respect of the whole or a part of the Ground for
purposes consistent with the purpose for which the
land is reserved.
17 Tendering for management contracts
(1) The Trust, by public notice, may call for tenders
25 for the management of the whole or a part of the
Ground.
(2) Before entering into a contract for the
management of the whole or a part of the Ground,
the Trust must consider all tenders received by it
30 before the date specified in the public notice as the
closing date for the receipt of tenders.
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s. 18
(3) The Trust may only award a contract to a person
who has submitted a tender in response to and in
accordance with the public notice but the Trust is
not required to award a contract to the lowest
5 tenderer.
18 Melbourne Cricket Club may be Ground manager
(1) The Trust may appoint, by agreement, the
Melbourne Cricket Club as Ground manager of
the whole or a part of the Ground during a period
10 that the Melbourne Cricket Club is the lessee of
the whole of the Ground.
(2) The Trust is not required to call for tenders before
making an appointment under subsection (1).
(3) While the Melbourne Cricket Club is the Ground
15 manager of the whole of the Ground, the Trust
must not enter into a contract with any other
person to manage the whole or any part of the
Ground.
19 Melbourne Cricket Club may receive fees and
20 charges
(1) While the Melbourne Cricket Club is the Ground
manager of the whole of the Ground, the
Melbourne Cricket Club is entitled to receive and
retain all entrance fees and charges and all
25 revenue and income arising in the course of its
management of the Ground.
(2) Subsection (1) is subject to the terms and
conditions of any agreement for the appointment
of the Melbourne Cricket Club as Ground
30 manager and all money collected by the
Melbourne Cricket Club under that subsection
must be allocated and disbursed in accordance
with that agreement.
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s. 20
20 Delegation to Melbourne Cricket Club
(1) The Trust, with the approval of the Minister, may
delegate by instrument to the Melbourne Cricket
Club any part of the functions or powers of the
5 Trust, other than this power of delegation.
(2) If the Trust delegates a function or power under
subsection (1), and the function or power relates
to the management, control, improvement or use
of the Ground, the Melbourne Cricket Club must
10 implement any policy from time to time made by
the Trust in relation to that function or power.
21 Delegation by Melbourne Cricket Club
(1) The Melbourne Cricket Club, with the approval of
the Trust, may delegate by instrument to any
15 person any function or power delegated to the
Melbourne Cricket Club by the Trust, other than
this power of delegation.
(2) If the Melbourne Cricket Club delegates a
function or power under subsection (1), and the
20 function or power relates to the management or
use of the Ground, the delegate must implement
any policy made from time to time by the Trust in
relation to the function or power.
(3) A policy referred to in subsection (2) must not be
25 inconsistent with--
(a) any agreement appointing the Melbourne
Cricket Club as Ground manager of the
whole or a part of the Ground; or
(b) any lease to the Melbourne Cricket Club of
30 the whole of the Ground.
22 Borrowing powers of Trust
(1) The Trust, with the approval of the Treasurer, may
obtain financial accommodation and enter into
and perform financial arrangements.
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s. 23
(2) If the Trust obtains financial accommodation or
enters into and performs financial arrangements
under subsection (1), the Treasurer may execute a
guarantee, in favour of any person, guaranteeing
5 the repayment of any money payable under, or the
satisfaction of, that financial accommodation or
those financial arrangements, including any
interest charges or expenses chargeable by the
creditor against the Trust and any expenses of
10 enforcing that financial accommodation or those
financial arrangements.
(3) A guarantee given by the Treasurer under
subsection (2) must be in the form and subject to
the terms and conditions determined by the
15 Treasurer.
(4) A sum required to be paid by the Treasurer in
fulfilling a guarantee under this section must be
paid out of the Consolidated Fund which is
appropriated to the necessary extent for the
20 payment to be made.
(5) A sum received or recovered by the Treasurer
from the Trust or any other sum received in
respect of payment by the Treasurer under a
guarantee must be paid into the Consolidated
25 Fund.
23 Guarantees for Melbourne Cricket Club
(1) If the Melbourne Cricket Club obtains financial
accommodation or enters into and performs
financial arrangements, the Treasurer may execute
30 a guarantee, in favour of any person, guaranteeing
the repayment of any money payable under, or the
satisfaction of, that financial accommodation or
those financial arrangements, including any
interest charges or expenses chargeable by the
35 creditor against the Melbourne Cricket Club and
any expenses of enforcing that financial
accommodation or those financial arrangements.
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s. 23
(2) A guarantee given by the Treasurer under
subsection (1) must be in the form and subject to
the terms and conditions determined by the
Treasurer.
5 (3) Without limiting subsection (2), the guarantee
may be subject to the following conditions--
(a) that the holder of the guarantee must hold
securities as required by the Treasurer for the
repayment of the financial accommodation
10 or financial arrangements;
(b) that the guarantee is not enforceable against
the Treasurer unless the holder of the
guarantee has exercised, to the Treasurer's
satisfaction, the holder's rights and remedies
15 under all securities held by or for the holder
in respect of the financial accommodation or
financial arrangements.
(4) A sum required to be paid by the Treasurer in
fulfilling a guarantee under this section must be
20 paid out of the Consolidated Fund which is
appropriated to the necessary extent for the
payment to be made.
(5) A sum received or recovered by the Treasurer
from the Melbourne Cricket Club or any other
25 sum received in respect of payment by the
Treasurer under a guarantee must be paid into the
Consolidated Fund.
(6) The Treasurer must not execute a guarantee under
this section if the guarantee would involve the
30 Treasurer in a liability in respect of a principal
sum which when added to the total liabilities then
subsisting in respect of other principal sums
guaranteed under this section would in total
exceed the sum as may be determined by the
35 Treasurer from time to time.
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s. 24
24 Business plan
(1) The Trust must prepare a business plan for each
year.
(2) While the Melbourne Cricket Club is Ground
5 manager of the whole of the Ground, the
Melbourne Cricket Club must--
(a) prepare the business plan on behalf of the
Trust in accordance with the terms and
conditions of the Melbourne Cricket Club's
10 appointment as Ground manager; and
(b) submit the plan to the Trust for approval.
(3) On or before the date in each year that is
determined by the Minister, the Trust must give a
copy of the plan it has prepared under subsection
15 (1) or has approved under subsection (2) to each
specified Minister.
(4) The business plan must be in the form approved
by each specified Minister and must include--
(a) a statement of corporate intent, being
20 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
25 specified Minister;
(c) any other matter that a specified Minister
directs.
(5) The Trust must consider any comment on the plan
prepared under subsection (4) that is made by a
30 specified Minister within 2 months after the plan
was submitted to the Minister.
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s. 25
(6) If a specified Minister has made a comment under
subsection (5), the Trust must--
(a) consult in good faith with the Minister; and
(b) make any changes to the plan that are agreed
5 upon between the Minister and the Trust; and
(c) deliver the settled plan to each specified
Minister.
(7) The whole or a part of the plan must not be
published or made available except for the
10 purposes of this section without the prior approval
of each specified Minister.
25 Annual report
(1) In each year, within 3 months after the end of its
financial year, the Trust must submit a report to
15 each specified Minister in respect of the preceding
financial year.
(2) A report under subsection (1) must contain--
(a) a report of the operations of the Trust during
the financial year; and
20 (b) financial statements for the financial year.
26 Commercial exploitation of name prohibited
A person, in the course of a trade or business,
must not assign the name "Melbourne Cricket
Ground" or the initials "MCG" as the name, or
25 part of the name, of any place that is not the
Ground, or a part of the Ground, unless authorised
by the Trust.
Penalty: in the case of a natural person,
100 penalty units;
30 in the case of a body corporate,
600 penalty units.
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s. 27
27 Spectator stands
Nothing in the Planning and Environment Act
1987 or in any planning scheme made under that
Act applies to the development or use of any
5 spectator stand on the Ground.
28 Floodlight towers
(1) Despite anything to the contrary in the Planning
and Environment Act 1987 or in any planning
scheme made under that Act, the Trust may--
10 (a) replace, remove, refurbish or upgrade the
floodlight towers on the Ground; and
(b) operate the floodlights affixed to those
floodlight towers.
(2) Any building or works associated with a
15 floodlight tower under subsection (1) must be
undertaken in accordance with the plans and
specifications approved by the Minister
administering the Crown Land (Reserves) Act
1978 and the Minister administering the Planning
20 and Environment Act 1987.
29 Ministerial determination in relation to floodlights
(1) The Minister may make a determination
specifying a day or days on which the floodlights
affixed to the floodlight towers may be operated.
25 (2) A determination under subsection (1) may make
provision for any of the following matters--
(a) times of the day when the floodlights may be
used;
(b) the purpose for which the floodlights may be
30 used;
(c) entrance into and exit from Yarra Park
Reserve of vehicles on any day when the
floodlights may be used;
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s. 30
(d) parking of vehicles in Yarra Park Reserve on
any day when the floodlights may be used;
(e) any other relevant matter specified in the
determination.
5 (3) A determination under subsection (1) must be
published in the Government Gazette.
(4) In this section, Yarra Park Reserve means the
land described as Crown Allotment 2B of
section 19C and Crown Allotment 2019 at East
10 Melbourne, City of Melbourne, Parish of
Melbourne North.
30 Operation of floodlights
The Trust or the Ground manager must operate
the floodlights affixed to the floodlight towers in
15 accordance with a determination of the Minister
under section 29.
31 No injunction or other relief
(1) An action seeking relief by way of an injunction
or seeking any other form of relief does not lie
20 against any person specified in subsection (2)
merely because that person--
(a) replaces, removes, refurbishes or upgrades
the floodlight towers; or
(b) operates the floodlights affixed to the
25 floodlight towers--
in accordance with this Act.
(2) For the purposes of subsection (1), the following
persons are specified--
(a) the Trust;
30 (b) any member of the Trust;
(c) the Melbourne Cricket Club;
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s. 32
(d) any person employed in the administration of
this Act;
(e) any person conducting an event at the
Ground;
5 (f) an employee of the Trust, Melbourne Cricket
Club, or any person conducting an event at
the Ground.
32 Regulations
(1) Despite anything to the contrary in the Land Act
10 1958, or the Crown Land (Reserves) Act 1978,
the Trust, with the approval of the Governor in
Council, may make regulations with respect to the
functions of the Trust.
(2) Without limiting subsection (1), the Trust may
15 make regulations for or with respect to--
(a) the admission of the public to the whole or
any part of the Ground;
(b) the collection of entrance fees or other
charges for entering upon the whole or any
20 part of the Ground;
(c) the preservation of good order and
behaviour.
(3) Regulations made under this section must--
(a) be published in the Government Gazette; and
25 (b) be posted in a conspicuous place in each part
of the Ground.
(4) A person must comply with any regulations made
under this section.
Penalty: 10 penalty units.
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s. 33
33 Transitional provisions
(1) Subject to section 5, the repeal of section 5 of the
Melbourne Cricket Ground Act 1933 is not to
be taken to affect the Crown grant made under
5 that section.
(2) Despite the repeal of section 5B of the
Melbourne Cricket Ground Act 1933--
(a) the pre-dating Trust is deemed to continue in
existence as if it were established as the
10 Trust under this Act; and
(b) each member of the pre-dating Trust is
deemed to continue in office as a member of
the Trust, as if the member had been
appointed under this Act, for the remaining
15 period of that member's term of appointment.
(3) Despite the repeal of section 5B of the
Melbourne Cricket Ground Act 1933--
(a) any rights, property and assets that
immediately before that repeal were vested
20 in the pre-dating Trust are deemed to be
vested in the Trust established under this
Act; and
(b) any debts, liabilities and obligations of the
pre-dating Trust that were existing
25 immediately before that commencement are
deemed to be the debts, liabilities and
obligations of the Trust established under
this Act; and
(c) the Trust established under this Act is
30 deemed to be substituted as a party to any
proceedings pending in any court to which
the pre-dating Trust was a party immediately
before that repeal; and
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Melbourne Cricket Ground Bill 2008
s. 33
(d) the Trust established under this Act is
substituted as a party to any arrangement or
contract entered into by or on behalf of the
pre-dating Trust and in force immediately
5 before that repeal; and
(e) any reference to the pre-dating Trust in any
Act or in any subordinate instrument,
agreement, instrument, deed or other
document whatsoever, so far as it relates to
10 any period after that repeal and if not
inconsistent with the context or subject
matter, must be construed as a reference to
the Trust established under this Act and the
force and effect of any such document is not
15 to be taken to be affected by that repeal.
(4) The repeal of section 6J of the Melbourne
Cricket Ground Act 1933 is not to be taken to
affect any delegation made under that section as in
force immediately before that repeal and that
20 delegation is to be taken to continue in force as if
made under section 15 of this Act and as if the
Trust were the delegator.
(5) The repeal of section 7A of the Melbourne
Cricket Ground Act 1933 is not to be taken to
25 affect any delegation made under that section as in
force immediately before that repeal and that
delegation is to be taken to continue in force as if
made under section 20 of this Act and as if the
Trust were the delegator.
30 (6) The repeal of section 7AB of the Melbourne
Cricket Ground Act 1933 is not to be taken to
affect any delegation made under that section as in
force immediately before that repeal and that
delegation is to be taken to continue in force as if
35 made under section 21 of this Act and as if the
Trust were the body corporate who approved the
delegation.
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Melbourne Cricket Ground Bill 2008
s. 33
(7) The repeal of section 7B of the Melbourne
Cricket Ground Act 1933 is not to be taken to
affect any lease or licence granted under that
section as in force immediately before that repeal
5 and that lease or licence is to be taken to continue
in force as if made under section 16 of this Act
and as if the Trust were a party to the lease or
licence in place of the pre-dating Trust.
(8) The repeal of section 7C of the Melbourne
10 Cricket Ground Act 1933 is not to be taken to
affect any guarantee made under that section as in
force immediately before that repeal and that
guarantee is to be taken to continue in force as if
made under section 22 of this Act.
15 (9) The repeal of section 7E of the Melbourne
Cricket Ground Act 1933 is not to be taken to
affect any indemnity executed, or any other
arrangement entered into, under that section as in
force immediately before that repeal and that
20 indemnity or that arrangement is to be taken to
continue in force and the Treasurer is to be taken
to continue to have the power to enter into and
fulfil any liability under that indemnity or that
arrangement and to carry out any duty or
25 obligation under that indemnity or that
arrangement.
(10) The repeal of section 7F of the Melbourne
Cricket Ground Act 1933 is not to be taken to
affect any business plan made under that section
30 as in force immediately before that repeal and that
business plan is to be taken to continue in force as
if made under section 24 of this Act as if it were
made by the Trust.
(11) The repeal of section 7K of the Melbourne
35 Cricket Ground Act 1933 is not to be taken to
affect an appointment made under that section as
in force immediately before that repeal and that
561296B.I-2/12/2008 23 BILL LA INTRODUCTION 2/12/2008
Melbourne Cricket Ground Bill 2008
s. 33
appointment is to be taken to continue in force as
if made under section 18 of this Act and as if it
were made by the Trust.
(12) The repeal of section 9 of the Melbourne Cricket
5 Ground Act 1933 is not to be taken to affect the
Regulations made under that section as in force
immediately before that repeal and the
Regulations are to be taken to continue in force as
if made under section 32 of this Act and as if
10 made by the Trust.
(13) The repeal of section 3 of the Melbourne Cricket
Ground (Guarantees) Act 1984 is not to be
taken to affect any guarantee made under that
section as in force immediately before that repeal
15 and that guarantee is to be taken to continue in
force as if made under section 23 of this Act.
(14) The repeal of section 4 of the Melbourne Cricket
Ground (Guarantees) Act 1984 is not to be
taken to affect any determination made under that
20 section as in force immediately before that repeal
and that determination is to be taken to continue in
force as if made under section 23(6) of this Act.
(15) In this section--
pre-dating Trust means the body corporate that
25 was, immediately before the repeal of
section 5B of the Melbourne Cricket
Ground Act 1933, the Trust within the
meaning of the Melbourne Cricket Ground
Act 1933;
30 the Regulations means the regulations for the
Melbourne Cricket Ground made by the
Melbourne Cricket Ground Trust on
2 December 1994, with the approval of the
Governor in Council on 29 November 1994
35 and published in Special Government
Gazette No. S. 101 (pages 69) on
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Melbourne Cricket Ground Bill 2008
s. 34
21 December 1994 and subsequently
amended by the Melbourne Cricket Ground
(Amendment) Regulations 1997 on
23 September 1997, with the approval of the
5 Governor in Council on 25 November 1997
and published in the Government Gazette
No. G. 48 (pages 33373338) on
4 December 1997.
34 Repeal of Melbourne Cricket Ground Acts
10 The Melbourne Cricket Ground Act 1933, the
Melbourne Cricket Ground Act 1951, the
Melbourne Cricket Ground (Trustees) Act
1957, the Melbourne Cricket Ground Act 1983,
the Melbourne Cricket Ground Act 1984, the
15 Melbourne Cricket Ground (Guarantees) Act
1984 and the Melbourne Cricket Ground Trust
Act 1989 are repealed.
35 Consequential amendments to various Acts
(1) In section 2 of the Cultural and Recreational
20 Lands Act 1963, in the definition of recreational
lands, for paragraph (c) substitute--
"(c) the Melbourne Cricket Ground (which has
the same meaning as Ground has in the
Melbourne Cricket Ground Act 2008); or".
25 (2) In section 3 of the Major Events (Aerial
Advertising) Act 2007, in the definition of MCG,
for "Melbourne Cricket Ground Act 1933"
substitute "Melbourne Cricket Ground Act
2008".
30 (3) In section 3(1) of the Major Events (Crowd
Management) Act 2003, in the definition of
Melbourne Cricket Ground, for "Melbourne
Cricket Ground Act 1933" substitute
"Melbourne Cricket Ground Act 2008".
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Melbourne Cricket Ground Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561296B.I-2/12/2008 26 BILL LA INTRODUCTION 2/12/2008
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