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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Melbourne Sports and Aquatic Centre
(Amendment) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Principal Act 2
4. Change of title of Act 2
5. Amendment of purposes 2
6. Definitions 3
7. New Part 2 heading 4
8. Change of Trust's name 4
9. Amendment of functions 4
10. New sections 6A and 6B inserted 5
6A. Minister may give directions to Trust 5
6B. Minister must approve carrying out of certain functions 5
11. Section 9 repealed 5
12. Exercise of powers 5
13. New Division 3 of Part 3 inserted 6
Division 3--State Netball and Hockey Centre land 6
26A. Trust to manage State Netball and Hockey Centre land 6
26B. Powers to enter into leases 7
26C. Power to grant licences over State Netball and Hockey
Centre land 8
26D. State Netball and Hockey Centre Advisory Committee 10
26E. Function of State Netball and Hockey Centre Advisory
Committee 11
26F. Procedure 11
14. State Sport Centres Fund 11
28. State Sport Centres Fund 11
28A. The Melbourne Sports and Aquatic Centre Account 11
28B. The State Netball and Hockey Centre Account 14
15. Business plan 15
16. Amendment of regulation-making powers 15
17. By-laws 17
18. Transitional provisions 18
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Clause Page
PART 6--TRANSITIONAL PROVISIONS 18
36. References to Act 18
37. Change in name of Trust 19
38. Saving of certain matters in respect of State Netball and
Hockey Centre 19
39. Application of Project Development and Construction
Management Act 1994 20
19. Amendment of the Borrowing and Investment Powers Act
1987 21
NOTES 22
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PARLIAMENT OF VICTORIA
Initiated in Assembly 24 November 1999
A BILL
to amend the Melbourne Sports and Aquatic Centre Act 1994 to
alter the title of that Act, to alter the name of the Melbourne Sports
and Aquatic Centre Trust and to enable the Trust to manage the State
Netball and Hockey Centre and other sports, recreation and
entertainment facilities and services and for other purposes.
Melbourne Sports and Aquatic Centre
(Amendment) Act 1999
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are--
(a) to rename the Melbourne Sports and Aquatic
Centre Trust as the State Sport Centres
5 Trust;
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Melbourne Sports and Aquatic Centre (Amendment) Act 1999
s. 2
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(b) to extend the powers of the Trust to enable it
to manage the State Netball and Hockey
Centre and other sports, recreation and
entertainment facilities and services.
5 2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision referred to in sub-section (1) does
not come into operation before 31 December
10 2000, it comes into operation on that day.
3. Principal Act
No. 117/1994. In this Act, the Melbourne Sports and Aquatic
Reprint No. 1
Centre Act 1994 is called the Principal Act.
as at 12
March 1998.
Further
amended by
No. 46/1998.
4. Change of title of Act
15 In the title of the Principal Act, for "Melbourne
Sports and Aquatic Centre" substitute "State
Sport Centres".
5. Amendment of purposes
(1) In section 1(a) of the Principal Act, for
20 "Melbourne Sports and Aquatic Centre Trust"
substitute "State Sport Centres Trust".
(2) In section 1 of the Principal Act, after
paragraph (d) insert--
"(e) to provide for the management, promotion,
25 operation and use of the State Netball and
Hockey Centre;
(f) to provide for the use of the State Netball
and Hockey Centre land;
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s. 6
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(g) to provide for the planning, development,
management, promotion, operation and use
of other sports, recreation and entertainment
facilities and services in Victoria.".
5 6. Definitions
In section 3 of the Principal Act--
(a) the definition of "Centre" is repealed;
(b) insert the following definitions--
' "Melbourne Sports and Aquatic Centre"
10 means the facility or facilities for the
purposes of sporting, gaming,
recreational, social, entertainment and
related purposes known as the
Melbourne Sports and Aquatic Centre
15 constructed by the Trust on Melbourne
Sports and Aquatic Centre land;
"State Netball and Hockey Centre" means
the facility or facilities for the purposes
of sport, recreation, entertainment or
20 social activities and related purposes
constructed on the State Netball and
Hockey Centre land;
"State Netball and Hockey Centre land"
means the land shown hatched on the
25 plan in Schedule 2 to the Royal Park
Land Act 1999;
"stratum" means a part of land consisting
of a space of any shape above or below
or partly above and partly below the
30 surface of the land, all the dimensions
of which are limited;';
(c) in the definition of "Trust" for "Melbourne
Sports and Aquatic Centre Trust" substitute
"State Sport Centres Trust".
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7. New Part 2 heading
For the heading to Part 2 of the Principal Act
substitute--
"PART 2--STATE SPORT CENTRES TRUST".
5 8. Change of Trust's name
In section 5(1) of the Principal Act, for
"Melbourne Sports and Aquatic Centre Trust"
substitute "State Sport Centres Trust".
9. Amendment of functions
10 In section 6 of the Principal Act--
(a) in paragraph (b), after "Centre" insert "and
the State Netball and Hockey Centre";
(b) in paragraph (c), for "Centre" substitute
"Melbourne Sports and Aquatic Centre and
15 the State Netball and Hockey Centre";
(c) in paragraph (d), for "Centre" substitute
"Melbourne Sports and Aquatic Centre and
the State Netball and Hockey Centre";
(d) after paragraph (d) insert--
20 "(da) the care, protection and management of
the State Netball and Hockey Centre
land;
(db) subject to this Act, the planning,
development, management, promotion,
25 operation and use of other sports,
recreation and entertainment facilities
and services in Victoria;
(dc) the development, management,
promotion, operation and use of
30 facilities and services for the parking of
vehicles and other necessary services to
be used in conjunction with any of the
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facilities or services managed or
operated by the Trust;".
10. New sections 6A and 6B inserted
After section 6 of the Principal Act, insert--
5 "6A. Minister may give directions to Trust
(1) The Minister may give the Trust directions
in relation to the carrying out of its functions
under this Act.
(2) The Trust must comply with the directions of
10 the Minister in carrying out its functions
under this Act.
6B. Minister must approve carrying out of
certain functions
The Trust must obtain the written approval
15 of the Minister before carrying out any of its
functions or exercising any of its powers
under this Act with respect to land, facilities
or services other than the Melbourne Sports
and Aquatic Centre, the State Netball and
20 Hockey Centre, the Melbourne Sports and
Aquatic Centre land or the State Netball and
Hockey Centre land.".
11. Section 9 repealed
Section 9 of the Principal Act is repealed.
25 12. Exercise of powers
In section 22 of the Principal Act--
(a) in paragraph (c) for "the Centre" (where first
occurring) substitute "the Melbourne Sports
and Aquatic Centre";
30 (b) after paragraph (c) insert--
"(d) charge fees for entry to the State
Netball and Hockey Centre or any part
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of the State Netball and Hockey Centre
land or for the use of any facilities or
services at that Centre or on that land;
(e) charge fees for entry to any other
5 sports, recreation and entertainment
facilities or services managed or
operated by the Trust.".
13. New Division 3 of Part 3 inserted
In Part 3 of the Principal Act, after section 26
10 insert--
'Division 3--State Netball and Hockey Centre
land
26A. Trust to manage State Netball and Hockey
Centre land
15 (1) The Trust is responsible for the care,
protection and management of the State
Netball and Hockey Centre land.
(2) On the commencement of section 13 of the
Melbourne Sports and Aquatic Centre
20 (Amendment) Act 1999--
(a) the appointment of any committee of
management of that land under the
Crown Land (Reserves) Act 1978 is
revoked to the extent that it relates to
25 the State Netball and Hockey Centre
land; and
(b) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to
30 that land.
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26B. Powers to enter into leases
(1) The Trust may grant a lease of the State
Netball and Hockey Centre land or any part
(including a stratum) of that land for any of
5 the purposes described in section 4 of the
Royal Park Land Act 1999.
(2) The Trust may only grant a lease under sub-
section (1) with the approval of the Minister.
(3) The Minister must not approve the granting
10 of a lease under sub-section (1) unless the
Minister is satisfied that, to the extent that
the lease applies to a stratum of land--
(a) the lessee for the time being under the
lease can obtain reasonable access to
15 and use of the land to be leased; and
(b) the granting of the lease will not
interfere with the exercise of rights by
the registered proprietor, lessee or
licensee of other land; and
20 (c) provision has been made (in the lease
or otherwise) for any necessary rights
of support of the stratum or other land
or of any building or structure erected
or to be erected on those lands; and
25 (d) provision has been made (in the lease
or otherwise) for any necessary rights
of passage or provision of services
(including drainage, sewerage or the
supply of water, gas, electricity or
30 communications systems) to or through
the stratum, where those rights are
reasonably necessary for the reasonable
enjoyment of the stratum or other land;
and
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Act No.
(e) if the surface of the land above the
stratum is a road, the exercise of any of
the lessee's rights or obligations under
the lease will not interfere with the
5 public use of that land as a road.
(4) A lease granted under sub-section (1) may be
for a term not exceeding 50 years.
(5) A lease granted under sub-section (1)--
(a) may contain provision for the term of
10 the lease to be extended one or more
times, but the aggregate of the initial
term and any extensions of the term
must not exceed 50 years; and
(b) may contain provision for a lessee to
15 remain in occupation of the land under
the same terms and conditions as
existed under the lease, at the discretion
of the lessor, for a period of not more
than 3 months from the expiry of the
20 lease; and
(c) is subject to any covenants, exceptions,
reservations and conditions that are
determined by the Trust and approved
in writing by the Minister.
25 (6) This section has effect despite anything to
the contrary in the Land Act 1958 and the
Crown Land (Reserves) Act 1978.
26C. Power to grant licences over State Netball
and Hockey Centre land
30 (1) The Trust may grant a licence to enter and
use any part (including a stratum) of the
State Netball and Hockey Centre land or any
building on that land for any of the purposes
described in section 4 of the Royal Park
35 Land Act 1999.
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s. 13
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(2) The Trust must not grant a licence under
sub-section (1) unless the Trust is satisfied
that, to the extent that the licence applies to a
stratum of land--
5 (a) the licensee for the time being under
the licence can obtain reasonable access
to and use of the land to be licensed;
and
(b) the granting of the licence will not
10 interfere with the exercise of rights by
the registered proprietor, lessee or
licensee of other land; and
(c) provision has been made (in the licence
or otherwise) for any necessary rights
15 of support of the stratum or other land
or of any building or structure erected
or to be erected on those lands; and
(d) provision has been made (in the licence
or otherwise) for any necessary rights
20 of passage or provision of services
(including drainage, sewerage or the
supply of water, gas, electricity or
communications systems) to or through
the stratum, where those rights are
25 reasonably necessary for the reasonable
enjoyment of the stratum or other land;
and
(e) if the surface of the land above the
stratum is a road, the exercise of any of
30 the licensee's rights or obligations
under the licence will not interfere with
the public use of that land as a road.
(3) A licence granted under this section--
(a) may be for a period not exceeding
35 50 years; and
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s. 13
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(b) is subject to the terms and conditions
determined by the Trust.
(4) This section has effect despite anything to
the contrary in the Land Act 1958 and the
5 Crown Land (Reserves) Act 1978.
26D. State Netball and Hockey Centre Advisory
Committee
(1) There is established by this Act an advisory
committee to be known as the "State Netball
10 and Hockey Centre Advisory Committee".
(2) The State Netball and Hockey Centre
Advisory Committee consists of members
appointed by the Minister including--
(a) a person nominated by the Trust, being
15 either a member of the Trust or the
chief executive officer of the Trust;
(b) a person nominated by the Zoological
Parks and Gardens Board established
under the Zoological Parks and
20 Gardens Act 1995;
(c) a person nominated by the Melbourne
City Council;
(d) such other persons as the Minister
thinks fit to appoint to represent
25 community groups and organisations
interested in the operation and
management of the State Netball and
Hockey Centre and the State Netball
and Hockey Centre land.
30 (3) The chairperson of the State Netball and
Hockey Centre Advisory Committee is the
member appointed under sub-section (2)(a).
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s. 14
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26E. Function of State Netball and Hockey
Centre Advisory Committee
The function of the State Netball and
Hockey Centre Advisory Committee is to
5 advise the Trust on the operation and
management of the State Netball and Hockey
Centre and the State Netball and Hockey
Centre land.
26F. Procedure
10 Subject to this Act, the State Netball and
Hockey Centre Advisory Committee may
regulate its own proceedings.'.
14. State Sport Centres Fund
For section 28 of the Principal Act substitute--
15 '28. State Sport Centres Fund
(1) The Trust must establish and maintain a fund
to be known as the "State Sports Centres
Fund".
(2) The Trust must establish and maintain within
20 the Fund the following separate accounts--
(a) the Melbourne Sports and Aquatic
Centre Account; and
(b) the State Netball and Hockey Centre
Account.
25 28A. The Melbourne Sports and Aquatic Centre
Account
(1) There must be paid into the Melbourne
Sports and Aquatic Centre Account--
(a) any amount standing to the credit of the
30 Melbourne Sports and Aquatic Centre
Fund immediately before the
commencement of section 14 of the
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Melbourne Sports and Aquatic
Centre (Amendment) Act 1999;
(b) all money received by or paid to the
Trust in respect of the Melbourne
5 Sports and Aquatic Centre or the
Melbourne Sports and Aquatic Centre
land;
(c) all money received by or paid to the
Trust in respect of any other sports,
10 recreation and entertainment facilities
or services (other than the State Netball
and Hockey Centre) managed or
operated by the Trust;
(d) all money required or authorised by or
15 under this Act or any other Act to be
paid into the Melbourne Sports and
Aquatic Centre Account;
(e) any income received by the Trust from
the investment of moneys in the
20 Melbourne Sports and Aquatic Centre
Account.
(2) Money in the Melbourne Sports and Aquatic
Centre Account may be applied only--
(a) in payment or discharge of the debts
25 and liabilities of the Trust in or in
connection with the performance and
exercise of the functions and powers of
the Trust in relation to--
(i) the Melbourne Sports and Aquatic
30 Centre and the Melbourne Sports
and Aquatic Centre land; and
(ii) any other sports, recreation and
entertainment facilities or services
(other than the State Netball and
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s. 14
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Hockey Centre) managed or
operated by the Trust; and
(b) in payment of the costs of the
management of the Melbourne Sports
5 and Aquatic Centre and the Melbourne
Sports and Aquatic Centre land or the
provision of services at the Centre or on
that land, including the costs of
employing and engaging people for the
10 purposes of managing and operating the
Centre and that land or the provision of
services at the Centre or on that land;
and
(c) in payment of the costs of the
15 management of any other sports,
recreation and entertainment facilities
or services (other than the State Netball
and Hockey Centre) managed or
operated by the Trust or the provision
20 of services at those facilities, including
the costs of employing and engaging
people for the purposes of managing
and operating the facilities or the
provision of those services; and
25 (d) in payment of any other amount--
(i) authorised or required to be paid
out of the Account under this Act;
or
(ii) agreed to by the Trust and the
30 Minister to be paid out of the
Account.
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s. 14
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28B. The State Netball and Hockey Centre
Account
(1) There must be paid into the State Netball and
Hockey Centre Account--
5 (a) all money received by or paid to the
Trust in respect of the State Netball and
Hockey Centre or the State Netball and
Hockey Centre land;
(b) all money required or authorised by or
10 under this Act or any other Act to be
paid into the State Netball and Hockey
Centre Account;
(c) any income received by the Trust from
the investment of moneys in the State
15 Netball and Hockey Centre Account.
(2) Money in the State Netball and Hockey
Centre Account may be applied only--
(a) in payment or discharge of the debts
and liabilities of the Trust in or in
20 connection with the performance and
exercise of the functions and powers of
the Trust in relation to the State Netball
and Hockey Centre and the State
Netball and Hockey Centre land; and
25 (b) in payment of the costs of the
management of the State Netball and
Hockey Centre and the State Netball
and Hockey Centre land or the
provision of services at the Centre or on
30 that land, including the costs of
employing and engaging people for the
purposes of managing and operating the
State Netball and Hockey Centre and
that land or the provision of services at
35 the Centre or on that land; and
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Melbourne Sports and Aquatic Centre (Amendment) Act 1999
s. 15
16
Act No.
(c) in payment of any other amount--
(i) authorised or required to be paid
out of the Account under this Act;
or
5 (ii) agreed to by the Trust and the
Minister to be paid out of the
Account.'.
15. Business plan
In section 30 of the Principal Act--
10 (a) in sub-section (1), for "business plan"
substitute "separate business plan for the
Melbourne Sports and Aquatic Centre and
for the State Netball and Hockey Centre";
(b) in sub-section (2), for "the proposed"
15 substitute "each proposed";
(c) in sub-section (3), for "The proposed"
substitute "Each proposed";
(d) in sub-section (4)--
(i) for "the proposed" substitute "each
20 proposed";
(ii) for "the plan" substitute "each plan";
(e) in sub-section (5)--
(i) for "the plan" (wherever twice
occurring) substitute "each plan";
25 (ii) for "the completed" substitute "each
completed";
(f) in sub-section (6)--
(i) for "The plan" substitute "A plan;
(ii) for "the plan" substitute "a plan".
30 16. Amendment of regulation-making powers
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Melbourne Sports and Aquatic Centre (Amendment) Act 1999
Act No.
In section 32(1) of the Principal Act--
(a) for paragraph (a) substitute--
"(a) the control, management and use of--
(i) the Melbourne Sports and Aquatic
5 Centre and the Melbourne Sports
and Aquatic Centre land; and
(ii) the State Netball and Hockey
Centre and the State Netball and
Hockey Centre land; and
10 (iii) any other sports, recreation and
entertainment facilities or services
managed or operated by the
Trust;";
(b) for paragraph (b) substitute--
15 "(b) the prohibition or regulation of any
activity--
(i) at the Melbourne Sports and
Aquatic Centre or on the
Melbourne Sports and Aquatic
20 Centre land; or
(ii) at the State Netball and Hockey
Centre or on the State Netball and
Hockey Centre land; or
(iii) at any other sports, recreation and
25 entertainment facilities or services
managed or operated by the
Trust;";
(c) in paragraph (c)--
(i) for "the Centre" substitute "the
30 Melbourne Sports and Aquatic Centre
or the State Netball and Hockey
Centre";
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Melbourne Sports and Aquatic Centre (Amendment) Act 1999
s. 17
Act No.
(ii) after "land" insert "or the State Netball
and Hockey Centre land";
(d) after paragraph (c) insert--
"(ca) the protection of people at any other
5 sports, recreation and entertainment
facilities or services managed or
operated by the Trust from injury or
nuisance;";
(e) for paragraph (e) substitute--
10 "(e) the exclusion or expulsion of persons
found contravening the regulations
from--
(i) the Melbourne Sports and Aquatic
Centre or the Melbourne Sports
15 and Aquatic Centre land; or
(ii) the State Netball and Hockey
Centre or the State Netball and
Hockey Centre land; or
(iii) any other sports, recreation and
20 entertainment facilities or services
managed or operated by the
Trust;".
17. By-laws
For section 33(1) of the Principal Act
25 substitute--
"(1) The Trust, with the approval of the Minister,
may make by-laws for or with respect to fees
and charges for--
(a) admission to--
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s. 18
Act No.
(i) the Melbourne Sports and Aquatic
Centre or any part of the
Melbourne Sports and Aquatic
Centre land;
5 (ii) the State Netball and Hockey
Centre or any part of the State
Netball and Hockey Centre land;
(iii) any other sports, recreation and
entertainment facilities or services
10 managed or operated by the Trust;
(b) the use of any facilities or services--
(i) at the Melbourne Sports and
Aquatic Centre or on the
Melbourne Sports and Aquatic
15 Centre land;
(ii) at the State Netball and Hockey
Centre or on the State Netball and
Hockey Centre land;
(iii) at any other sports, recreation and
20 entertainment facilities or services
managed or operated by the
Trust.".
18. Transitional provisions
For Part 6 of the Principal Act substitute--
25 'PART 6--TRANSITIONAL PROVISIONS
36. References to Act
On and from the commencement of section 4
of the Melbourne Sports and Aquatic
Centre (Amendment) Act 1999, a reference
30 to the Melbourne Sports and Aquatic
Centre Act 1994 in any Act (other than this
Act) or in any subordinate instrument or
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s. 18
Act No.
other document is deemed to be a reference
to the State Sport Centres Act 1994.
37. Change in name of Trust
(1) The State Sport Centres Trust is deemed to
5 be the same body as the Melbourne Sports
and Aquatic Centre Trust despite the change
in its name and no act, matter or thing is to
be affected because of that change of name.
(2) The members of the Melbourne Sports and
10 Aquatic Centre Trust holding office
immediately before the commencement of
section 8 of the Melbourne Sports and
Aquatic Centre (Amendment) Act 1999
continue to hold office after that
15 commencement as members of the State
Sport Centres Trust on the same terms and
conditions as those on which they held office
as members of the Melbourne Sports and
Aquatic Centre Trust.
20 (3) A reference in any document to the
"Melbourne Sports and Aquatic Centre
Trust" is deemed to be a reference to the
"State Sport Centres Trust".
38. Saving of certain matters in respect of State
25 Netball and Hockey Centre
On and from the commencement of section
13 of the Melbourne Sports and Aquatic
Centre (Amendment) Act 1999--
(a) any lease or licence entered into by a
30 committee of management in respect of
the State Netball and Hockey Centre
land and existing immediately before
that commencement continues and has
effect as if entered into by the Trust as
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Melbourne Sports and Aquatic Centre (Amendment) Act 1999
s. 18
Act No.
lessor or licensor as the case requires;
and
(b) the Trust is substituted as a party to any
contract or agreement--
5 (i) entered into by a committee of
management in respect of the
State Netball and Hockey Centre
or the State Netball and Hockey
Centre land; and
10 (ii) existing immediately before that
commencement.
39. Application of Project Development and
Construction Management Act 1994
(1) The State Netball and Hockey Centre is a
15 nominated project within the meaning of the
Project Development and Construction
Management Act 1994 by virtue of the
nomination order.
(2) Nothing in this Act affects any thing done or
20 to be done, whether before, on or after the
commencement of section 18 of the
Melbourne Sports and Aquatic Centre
(Amendment) Act 1999, in relation to the
State Netball and Hockey Centre or the State
25 Netball and Hockey Centre land by--
(a) the responsible Minister for the
nominated project under the Project
Development and Construction
Management Act 1994; or
30 (b) the facilitating agency for the
nominated project under the Project
Development and Construction
Management Act 1994.
(3) Nothing in this Act affects the operation of
35 any Order made under the Project
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Melbourne Sports and Aquatic Centre (Amendment) Act 1999
s. 19
Act No.
Development and Construction
Management Act 1994 in respect of the
State Netball and Hockey Centre or the State
Netball and Hockey Centre land.
5 (4) Nothing in this Act prevents an Order being
made under the Project Development and
Construction Management Act 1994 in
respect of the State Netball and Hockey
Centre or the State Netball and Hockey
10 Centre land.
(5) In this section--
"nomination order" means the Order of the
Governor in Council made under the
Project Development and
15 Construction Management Act 1994
in relation to the State Netball and
Hockey Centre on 1 December 1998
and published in the Government
Gazette on 3 December 1998 at
20 page 2958;
"nominated project" means the State
Netball and Hockey Centre declared by
the nomination order to be a project to
which the Project Development and
25 Construction Management Act 1994
applies.'.
19. Amendment of the Borrowing and Investment Powers
Act 1987
In Schedule 1 to the Borrowing and Investment
30 Powers Act 1987, in column 1 of item 35, for
"Melbourne Sports and Aquatic Centre Trust"
substitute "State Sport Centres Trust".
21
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Melbourne Sports and Aquatic Centre (Amendment) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
22
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