Victorian Consolidated Legislation

Melbourne Cricket Ground Act 2009 - SECT 34

Transitional provisions

34. 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 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 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 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 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 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 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



   (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 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 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 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 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 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 21 of this Act and as if the Trust were the
delegator.

(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 made under section 22 of this Act and as if the Trust were the
body corporate who approved the delegation.

(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 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 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 23 of this Act.

(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
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 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 as in force
immediately before that repeal and that business plan is to be taken to
continue in force as if made under section 25 of this Act as if it were made
by the Trust.

(11) The repeal of section 7K of the Melbourne 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 appointment is to be taken to continue
in force as if made under section 19 of this Act and as if it were made by the
Trust.

(12) The repeal of section 9 of the Melbourne Cricket 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 33 of this Act and as if 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 and that guarantee is to be taken to
continue in force as if made under section 24 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 section as
in force immediately before that repeal and that determination is to be taken
to continue in force as if made under section 24(6) of this Act.

(15) In this section-

pre-dating Trust means the body corporate that 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; 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 and published in Special Government
Gazette No. S. 101 (pages 6-9) on 21 December 1994 and subsequently amended by
the Melbourne Cricket Ground (Amendment) Regulations 1997 on 23 September
1997, with the approval of the Governor in Council on 25 November 1997 and
published in the Government Gazette No. G. 48 (pages 3337-3338) on 4 December
1997.