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Melbourne Cricket Ground Bill 2008
Introduction Print
EXPLANATORY MEMORANDUM
General
The purpose of the Bill is to re-enact and further provide for the law relating
to the Melbourne Cricket Ground (MCG) in order to create a simpler
legislative framework for the MCG. The Bill repeals the existing Acts
relating to the MCG. The Bill includes a preamble that summarises the
background to the Bill including key Orders in Council, Crown grants,
reservations and legislation made and enacted in relation to the MCG since
1861.
Clause Notes
Clause 1 sets out the purpose of the Bill which is to re-enact and further
provide for the law relating to the Melbourne Cricket Ground
(MCG) and repeal the existing Acts relating to the MCG: 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. A further purpose is to make
consequential amendments to various other Acts.
Clause 2 provides for the commencement of the Bill on the day after the
day it receives the Royal Assent.
Clause 3 provides definitions for the terms chairperson, financial
accommodation, financial arrangement, Ground, Melbourne
Cricket Club, member, specified Minister and Trust.
Clause 4 establishes the Melbourne Cricket Ground Trust and provides
that the Trust is a body corporate with perpetual succession; has a
common seal; may sue or be sued in its corporate name; is
capable of acquiring, holding and disposing of real and personal
property; and is capable of doing or suffering anything which by
law bodies corporate may do or suffer.
561296 1 BILL LA INTRODUCTION 2/12/2008
Clause 5 provides that the Trust is deemed to be the grantee of the Ground.
The clause also deems the effect of Crown grant Volume 5925
Folio 1184828 to be altered to give effect to the new Act.
The Ground is deemed to continue to be reserved under the
Crown Land (Reserves) Act 1978 for the public for cricket and
other uses that the Trust thinks are not inconsistent with its use
for cricket.
Clause 6 specifies the Trust's powers and functions. The functions of the
Trust are: to manage, control and make improvements to the
Ground at the Trust's discretion; to carry out any other function
given to the Trust by or under any other Act; and to provide
advice to the Minister when requested in relation to the
construction and management of sporting facilities or the
management of major sporting events. Subclause (2) provides
that the Trust has power to do all things necessary for carrying
out its functions. Subclause (3) articulates a number of
commercial activities that the Trust may engage in with the
approval of the Treasurer for the purpose of carrying out its
functions.
Clause 7 provides that the Trust consists of a chairperson appointed by the
Governor in Council and between 6 and 8 members appointed by
the Governor in Council who have experience in sports, sports
administration, business, financial or community affairs.
Clause 8 provides that a member of the Trust may be appointed for a
period not exceeding 5 years, may be reappointed, is eligible for
fees and allowances as fixed by the Governor in Council and is
subject to terms and conditions specified in the instrument of
appointment.
Clause 9 states that a member may resign by giving notice to the Governor
in Council. Subclause (2) specifies circumstances in which the
Governor in Council may remove a member. Under subclause
(3) if a member of the Trust resigns or is removed the Governor
in Council may appoint another member.
Clause 10 provides that an act or decision of the Trust is not invalid merely
because of a defect or irregularity in, or in connection with, the
appointment of a member, or a vacancy in the membership of the
Trust.
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Clause 11 requires that a member who has an interest in a matter being
considered or about to be considered by the Trust must declare
the nature of the interest at the meeting as soon as practicable
after becoming aware of the relevant facts. Subclause (2)
requires the person presiding at a meeting at which a declaration
of an interest is made to ensure that the declaration is recorded in
the minutes. Subclause (3) states that if a declaration is made
under subclause (1) the person must not be present when the
matter is discussed, unless the Board directs otherwise; the
member cannot vote on the matter and if the member does vote
on the matter the vote must be disallowed.
Clause 12 requires the chairperson to preside at a meeting of the Trust at
which the chairperson is present. If the chairperson is absent, the
members present at the meeting must elect one of those members
to preside at the meeting. Subclause (3) provides that a quorum
is a majority of members at any time. Subclause (4) provides that
a question arising at a meeting must be determined by a majority
vote and subclause (5) specifies that the person presiding at a
meeting has a deliberative vote and, in the event of a tied vote on
any question, a second or casting vote. Subclause (6) enables the
Trust to permit members to participate in a meeting by electronic
or other means of communication. Subclause (7) provides that
subject to this Act, the Trust may regulate its own proceedings.
Clause 13 enables the Trust to employ those persons that are necessary for
the performance of its functions.
Clause 14 provides that the Minister, after consultation with the Treasurer,
may give a written direction to the Trust on the performance,
discharge or exercise of its functions, duties or powers. It also
requires the Trust to comply with a direction given by the
Minister and give the Minister any information the Minister
requires to determine whether the Trust has complied with a
direction.
Clause 15 enables the Trust by instrument under its common seal to
delegate any of its functions, powers and duties, except for the
power of delegation, to a member of the Trust.
Clause 16 provides that the Trust, with the approval of the Minister, may
grant leases for up to 99 years and licences for up to 50 years in
relation to the whole or part of the Ground for purposes that are
consistent with the reservation of the land. This provision applies
despite anything to the contrary in any other Act or law.
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Clause 17 enables the Trust to call for tenders for the management of the
whole or part of the Ground and specifies requirements for the
consideration of such tenders.
Clause 18 provides that the Trust may appoint the Melbourne Cricket Club
(MCC) as the Ground manager for whole or a part of the Ground
when the MCC is the lessee of the whole of the Ground.
The Trust can do this without calling for tenders. While the
MCC is the manager of the whole Ground the Trust must not
engage any other person to manage the whole or any part of the
Ground.
Clause 19 entitles the MCC, when it is the manager of the whole Ground, to
receive and retain all entrance fees and charges and all revenue
and income received in the course of its management of the
Ground.
Clause 20 provides that the Trust, with the approval of the Minister, may
delegate any part of its functions, powers and duties, except for
the power of delegation, to the MCC. If a function or power that
relates to the management, control, improvement or use of the
Ground is delegated to the MCC, the MCC must implement any
policy made by the Trust in relation to that function or power.
Clause 21 provides that the MCC, with the approval of the Trust, may
delegate to any person any function or power delegated to it
except for the power of delegation. If the function or power
relates to the management, control, improvement or use of the
Ground the delegate must implement any policy made by the
Trust in relation to that function or power. Subclause (3)
provides that a policy must not be inconsistent with any
agreement appointing the MCC as manager of the Ground or any
lease of the whole Ground to the MCC.
Clause 22 provides that the Trust, with the approval of the Treasurer, may
obtain financial accommodation and be party to financial
arrangements. Subclause (2) provides that where it does so the
Treasurer may execute a guarantee, in favour of any person,
guaranteeing the repayment of any money payable. Under
subclause (3) such a guarantee must be in the form and subject to
the terms and conditions determined by the Treasurer.
Subclause (4) provides that a sum required to be paid by the
Treasurer to fulfill a guarantee must be paid out of the
Consolidated Fund and subclause (5) specifies that a sum
received in respect of a payment by the Treasurer under a
guarantee must be paid into the Consolidated Fund.
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Clause 23 states that if the MCC obtains financial accommodation or enters
into and performs financial arrangements, the Treasurer may
execute a guarantee, in favour of any person, guaranteeing the
repayment of any money payable. Under subclause (2) such a
guarantee must be in the form and subject to the terms and
conditions determined by the Treasurer. Subclause (3) provides
that the terms and conditions may include a requirement that the
holder of a guarantee hold securities as required by the Treasurer
for repayment of the financial accommodation or financial
arrangements. There may also be a condition that the guarantee
is not enforceable unless the holder's rights and remedies under
all securities have been exercised to the Treasurer's satisfaction.
Subclause (4) provides that a sum required to be paid by the
Treasurer to fulfill a guarantee must be paid out of the
Consolidated Fund and subclause (5) specifies that a sum
received in respect of a payment by the Treasurer under a
guarantee must be paid into the Consolidated Fund. Subclause
(6) provides that the Treasurer must not execute a guarantee if the
liability it would create when added to existing guarantees would
in total exceed the sum as may be determined by the Treasurer
from time to time.
Clause 24 prescribes that the Trust must prepare a business plan for each
year. Subclause (2) states that while the MCC is the Ground
manager it must prepare the business plan on behalf of the Trust
in accordance with the terms and conditions of its appointment
and must submit the plan to the Trust for approval. Subclause (3)
requires the Trust to give a copy of the plan to each specified
Minister (the Minister, the Minister administering the Sport and
Recreation Act 1972 and the Treasurer) by a date determined by
the Minister. Subclause (4) provides that the business plan must
be in the form approved by each specified Minister and must
include a statement of corporate intent, financial statements of
the Trust and any other matter that a Minister directs. Subclause
(5) provides that the Trust must consider any comment on the
plan made by a Minister within 2 months after the plan was
submitted to the Minister. Under subclause (6) if a specified
Minister has made a comment on the plan the Trust must consult
with the Minister, make any agreed changes to the plan and
deliver the settled plan to each Minister. Subclause (7) provides
that the plan must not be published or made available without the
prior approval of each specified Minister.
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Clause 25 requires the Trust to submit a report about the preceding year to
each specified Minister within 3 months of the end of its financial
year. The annual report must contain a report of the operations of
the Trust during the financial year and financial statements for
the financial year.
Clause 26 provides that a person, in the course of a trade or business, must
not use the name "Melbourne Cricket Ground" or the initials
"MCG" as the name or part of the name of another place, unless
authorized by the Trust. A penalty of 100 penalty units for a
natural person and 600 penalty units for a body corporate applies
to a breach of this provision.
Clause 27 provides that 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 spectator stand on the Ground.
Clause 28 provides for the Trust to replace, remove, refurbish or upgrade the
MCG floodlight towers and operate the floodlights despite
anything to the contrary in the Planning and Environment
Act 1987 or in any planning scheme made under that Act.
Subclause (2) provides that any building or works to replace,
remove, refurbish or upgrade a floodlight tower must be done in
accordance with plans and specifications approved by the Minister
administering the Crown Land (Reserves) Act 1978 and the
Minister administering the Planning and Environment Act
1987.
Clause 29 authorises the Minister to make a determination specifying a day
or days when the floodlights may be operated. A determination
may cover a number of matters specified in subclause (2)
including the times when the floodlights may be used, the
purpose of using the floodlights and the entrance, exit and
parking of vehicles in Yarra Park Reserve. Subclause (3)
requires a determination to be published in the Government
Gazette.
Clause 30 provides that the floodlights must be operated in accordance with
a determination by the Minister under clause 29.
Clause 31 provides that no injunction or other form of relief is available
against certain persons merely because they replace, remove,
refurbish or upgrade the floodlight towers, or operate the
floodlights, in accordance with the Bill. The persons to whom
this provision applies are the Trust, any member of the Trust, the
MCC, any person involved in the administration of the Bill, any
person conducting an event at the Ground and an employee of the
Trust, the MCC or the organizer of an event.
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Clause 32 provides that the Trust, with the approval of the Governor in
Council, may make regulations related to the functions of the
Trust despite anything to the contrary in the Land Act 1958.
Subclause (2) specifies that without limiting the matters about
which regulations may be made, the Trust may make regulations
with respect to the admission of the public to the Ground; the
collection of fees or other charges for entering the Ground; and
the preservation of good order and behaviour. Subclause (3)
requires regulations to be published in the Government Gazette
and posted in a conspicuous place in each part of the Ground.
Persons are required to comply with the regulations under
subclause (4) and there is a penalty of 10 penalty units for non-
compliance.
Clause 33 provides for transitional provisions. Subclause (1) states that the
Crown grant is not affected by the repeal of section 5 of the
Melbourne Cricket Ground Act 1933. Subclause (2) provides
that the Trust that existed before the Bill commenced will
continue as if it were established under the Bill. Similarly each
existing member of the Trust will continue to be a member, for
the remaining period of that member's term of appointment.
Subclause (3) provides for the transition of the following: any
rights, property and assets that were vested in the Trust; any
debts liabilities and obligations of the Trust; any proceedings
pending in any court to which the Trust was a party; any
arrangement or contract entered into or on behalf of the Trust;
any reference to the Trust in any Act or any subordinate
instrument, agreement, instrument, deed or other document.
Subclauses (4) to (14) provide that the repeal of relevant
provisions of the old Act by this Bill will not affect any
arrangements of the following kind in place before the
commencement of the Bill and these arrangements will continue
as if they were established under the Bill: any delegation by the
Trust to a member of the Trust; any delegation by the Trust to the
MCC; any delegation by the MCC to another party; any lease or
licence granted by the Trust; any guarantee made in relation to
borrowing by the Trust; any indemnity executed, or any other
arrangement entered into, by the Treasurer; any business plan
prepared or approved by the Trust; any appointment of the MCC
as Ground Manager; any regulations that are in force; and any
guarantee and determination in relation to that guarantee made in
relation to borrowing by the MCC. Subclause (15) includes the
definitions of pre-dating Trust and the Regulations.
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Clause 34 repeals 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.
Clause 35 makes consequential amendments to various other Acts.
8