Commonwealth Games Arrangements Act 2001

Version No. 010

Commonwealth Games Arrangements Act 2001

Act No. 57/2001

Version incorporating amendments as at 5 November 2003

table of provisions

SectionPage

Part 1—Preliminary

1.Purposes

2.Commencement

3.Definitions

3A.Declaration of Games related facilities

4.Act binds the Crown

4A.Extraterritorial operation

Part 1A—Melbourne 2006 Commonwealth Games Corporation

Division 1—Preliminary

4B.Objective of Part

Division 2—Melbourne 2006 Commonwealth Games Corporation

4C.Melbourne 2006 Commonwealth Games Corporation
established

4D.Corporation does not represent Crown

4E.Functions of Corporation

4F.Corporation to carry out functions in accordance with
contractual arrangements and obligations

4G.Powers of Corporation

4H.Delegation

4I.Borrowing and investment powers

Division 3—Board of Directors of Corporation

4J.Membership of Board

4K.Responsibilities of Board

4L.Board to provide information to Minister

4M.Directions to Board

4N.Duties of directors of the Board

4O.Corporation or Minister may bring proceedings

4P.Corporation not to make loans to directors

4Q.Indemnity

4R.Committees

4S.Immunity

4T.Chief executive officer

4U.Other staff

4V.Directors of M2006 transferred to Board

Part IB—Transfers

4W.Definitions

4X.Transfer of assets and liabilities from M2006 to Corporation

4Y.Corporation becomes successor in law of M2006 on dissolution date

4Z.Substitution of party to agreement

4ZA.Former instruments

4ZB.Interests in land

4ZC.Amendment of Register

4ZD.Taxes

4ZE.Evidence

4ZF.Validity of things done under this Part

4ZG.Transfer of staff

4ZH.Future terms and conditions of transferred employees

Part 2—Commonwealth Games Advisory Committees

5.Commonwealth Games Advisory Committees

6.Functions of Advisory Committees

7.Membership of Advisory Committees

8.Terms of appointment

9.Resignation and removal

10.Procedure at meetings

11.Public consultation

12.Disclosure of interests

13.Advisory Committee may continue work of existing committee

Part 3—Commonwealth Games Venues and Facilities

Division 1—Orders

14.Declaration of Commonwealth Games venue

15.Declaration of Commonwealth Games project

16.Declaration of designated access areas

17.Project Orders must designate person responsible

18.Orders to be tabled in Parliament

19.Amendment and revocation of Orders

Division 2—Application of Laws

20.Planning and Environment Act 1987

21.Heritage Act 1995

22.Environment Effects Act 1978

23.Coastal Management Act 1995

24.Crown Land (Reserves) Act 1978

25.Building Act 1993

Division 3—Role of Secretary

25A.The Secretary is a body corporate

26.Role of Secretary

27.Contracts and agreements

28.Delegation by Secretary

28A.Secretary is subject to Ministerial control

28B.Department Head's powers are not affected

Part 4—General Powers and Duties in Relation
to Commonwealth Games Projects

Division 1—Obtaining Land for the Purposes of a Project

29.Grant of land to Secretary

30.Surrender or divesting of land of other bodies

31.Surrender of interests in unreserved Crown land

32.Acquisition by agreement

33.Compulsory acquisition

Division 2—Compensation for Surrendered or Divested Land

34.Right to compensation on surrender or divesting

Division 3—Entry into Possession of Surrendered or Divested Land

35.Interpretation

36.Power to enter into possession

37.Entry into possession

38.Recovery of rent

39.Proceedings where refusal to give up possession

40.Residential Tenancies Act 1997 not to apply

41.Giving of notice

42.Minor misdescription not to invalidate notice

Division 4—Disposing of Land Not Required for a Project

43.Secretary may surrender land to the Crown

44.Disposing of land

Division 5—Powers Relating to Roads

44A.General powers relating to roads

44B.Closing roads

45.Temporary closure of roads

Division 6—Government Guarantees

46.Treasurer may execute guarantees in respect of project

Division 7—Restoration of Temporary Venues or Designated
Access Areas

47.Restoration of designated access area or temporary venue

Division 8—Action by Registrar of Titles

48.Action by Registrar of Titles

Part 4A—Commonwealth Games Village

Division 1—Planning Powers

48A.Games Village

48B.Minister to have planning powers

Division 2—Revocation of Reservations on Games Village Land

48C.Revocation of reservations

48D.Consequences of revoking reservations

48E.Registrar of Titles to make necessary amendments

Part 5—Protection of Commonwealth Games Project Works

49.Restricted access areas

50.Certificates of authorisation

51.Secretary may warn people to leave declared area

52.Offence to enter any part of restricted access area

53.Evidence as to area being marked off

54.Interference with activities

55.Offence not to produce certificate on demand

56.Power to remove offenders

Part 5A—Commonwealth Games Commercial Arrangements

Division 1—Other Rights Not Affected

56A.Part does not derogate from other rights

56B.Part does not affect rights relating to use of business or
company names

56C.Part does not affect rights in respect of passing off

Division 2—Authorising Use of Games Related Indicia or Images
and Other Indicia or Images

56D.Corporation may authorise use of Games related indicia or images

56E.ACGA may authorise use of ACGA indicia or images

56F.CGF may authorise use of CGF indicia or images

56G.Minister may authorise non-commercial use of Commonwealth Games references

56H.Notification of authorisations by other entities

56I.What can an authorisation contain?

56J.Register of authorisations

56K.Use of Commonwealth Games references which do not need authorisation

Division 3—Enforcement

56L.Offence to engage in conduct that suggests sponsorship,
approval or affiliation

56M.Offence to use Games related indicia or images without authorisation

56N.Offence to use ACGA indicia or images without authorisation

56O.Offence to use CGF indicia or images without authorisation

56P.Injunctions

56Q.Power to rescind or vary injunctions

56R.Power of court to require corrective advertising

56S.Actions for damages

56T.Account of profits

56U.No entitlement to both damages and account of profits

56V.Seizure of goods and advertising material during goods seizure period

56W.Seized goods or advertising material to be given to Office of Commonwealth Games Coordination

56X.Voluntary forfeiture to Crown

56Y.Recovery of seized goods or advertising material and compensation

56Z.Meaning of marked with indicia or images

56ZA.Court may order forfeiture to the Crown

56ZB.Offences by corporations and partnerships etc.

Part 6—General

57.Regulations

57A.Transitional provision—Secretary

57B.Savings provision—Advisory Committees

58.Expiry

PartS 7–9—repealed93

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SCHEDULES

SCHEDULE 1—Land in Respect of which Reservations are Revoked

SCHEDULE 2—Membership and Procedure of Board

SCHEDULE 3—ACGA Logo and CGF Logo

SCHEDULE 4—Commonwealth Games Logos

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

INDEX113

Version No. 010

Commonwealth Games Arrangements Act 2001

Act No. 57/2001

Version incorporating amendments as at 5 November 2003

Commonwealth Games Arrangements Act 2001

Act No. 57/2001

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

S. 1 substitutedby No.16/2003 s.4.

1.Purposes

The main purposes of this Act are—

(a)to facilitate preparations for the Commonwealth Games to be held in Melbourne in 2006;

(b)to facilitate—

(i)the development of the Commonwealth Games Village; and

(ii)the development, re-development and use of the Games Village land after the Commonwealth Games;

S.1(c) amendedby No.64/2003 s.4(1).

(c)to provide for the development and use of Commonwealth Games projects, Commonwealth Games venues and Games related facilities, including facilities which can be used by all Victorians after the Commonwealth Games;

S.1(d) insertedby No.64/2003 s.4(2).

(d)to establish the Melbourne 2006 Commonwealth Games Corporation and provide for its powers and functions;

S.1(e) insertedby No.64/2003 s.4(2).

(e)to provide for various matters relating to the organisation and conduct of the Commonwealth Games and events and programs associated with the Commonwealth Games.

2.Commencement

s. 2

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3.Definitions

(1)In this Act—

S.3(1) def. of "ACGA" insertedby No. 64/2003 s.5.

"ACGA" means the Australian Commonwealth Games Association Inc.;

S.3(1) def. of "ACGA director" insertedby No. 64/2003 s.5.

"ACGA director" means a director of the Board appointed pursuant to section 4J(2)(b);

S.3(1) def. of "ACGA indicia or images" insertedby No. 64/2003 s.11.

"ACGA indicia or images" means—

(a)the name "Australian Commonwealth Games Association";

(b) the ACGA logo, the general design of which is set out in Part 1 of Schedule3;

"Advisory Committee" means a Commonwealth Games Advisory Committee established under Part 2;

S.3(1) def. of "Australian Common-wealth Games Team" insertedby No. 64/2003 s.11.

"Australian Commonwealth Games Team" means the athletes and officials selected by ACGA to represent Australia in the Commonwealth Games and who are accredited by CGF as participants in the Commonwealth Games;

S.3(1) def. of "Board" insertedby No. 64/2003 s.5.

"Board" means the board of directors of the Melbourne 2006 Commonwealth Games Corporation;

S.3(1) def. of "CGF" insertedby No. 64/2003 s.5.

"CGF" means The Commonwealth Games Federation;

S.3(1) def. of "CGF director" insertedby No. 64/2003 s.5.

"CGF director" means a director of the Board appointed pursuant to section 4J(2)(a);

S.3(1) def. of "CGF indicia or images" insertedby No. 64/2003 s.11.

"CGF indicia or images" means—

(a)the name "The Commonwealth Games Federation";

(b) the CGF logo, the general design of which is set out in Part 2 of Schedule3;

S.3(1) def. of "chief executive officer" insertedby No. 64/2003 s.5.

"chief executive officer" means the chief executive officer of the Corporation employed under section 4T;

s. 3

"Commonwealth Games" means the Commonwealth Games to be held principally in Melbourne in 2006;

S.3(1) def. of "Common-
wealth Games logo" insertedby No. 64/2003 s.11.

"Commonwealth Games logo" means—

(a)a Commonwealth Games logo or any part of a Commonwealth Games logo, the general design of which is set out in Schedule 4;

(b)any other logo that is prescribed to be a Commonwealth Games logo or any part of such a logo;

"Commonwealth Games project" means a project declared under section 15 to be a Commonwealth Games project;

S.3(1) def. of "Common-
wealth Games reference" insertedby No. 64/2003 s.11.

"Commonwealth Games reference" means—

(a)any of the following words, expressions or figures—

(i)"Melbourne 2006 Commonwealth Games";

(ii)"Melbourne 2006 Games";

(iii)"Melbourne Games";

(iv)"Melbourne Commonwealth Games";

(v)"Melbourne2006";

(vi)"M2006";

(vii)"M06";

s. 3

(viii)"Australian Commonwealth Games";

(ix)"Commonwealth Games";

(x)"the Friendly Games";

(xi)any other combination of the words "Commonwealth Games" or "Games" and the numbers "2006", "18th" or "XVIIIth";

(xii)"Australian Commonwealth Games Team";

(xiii)"Commonwealth Games Cultural Program";

(xiv)"Melbourne 2006 Cultural Program";

(xv)"M06 Cultural Program";

(xvi)"Queen's Baton Relay";

(xvii)"bronze", "silver" or "gold";

(b)any words, expressions or figures that are prescribed to be Commonwealth Games references;

Note:It may be an offence under this Act to use these terms in the circumstances set out in sections 56L, 56M, 56N and 56O.

"Commonwealth Games venue" means an area declared under section 14 to be a Commonwealth Games venue;

S.3(1) def. of "Corporation" insertedby No. 64/2003 s.5.

"Corporation" means the Melbourne 2006 Commonwealth Games Corporation established under Part 1A;

"designated access area" means an area declared under section 16 to be a designated access area;

s. 3

"designated access area Order" means an Order made under section 16;

"development" has the same meaning as it has in the Planning and Environment Act 1987;

S. 3(1) def. of "facilities" substitutedby No.16/2003 s.5(1).

"facilities" means—

(a)facilities required for, convenient for or ancillary to the hosting of the Commonwealth Games, including, but not limited to—

(i)facilities for the conduct of sporting events;

(ii)training facilities for competitors;

(iii)hydrotherapy facilities;

(iv)media centres and other communications facilities for the media;

(v)residential accommodation for competitors, officials and members of the media;

(vi)storage facilities for sporting, communication or other equipment;

(vii)catering facilities for sports venues, training facilities, media centres and residential accommodation;

(viii)helicopter landing facilities;

(ix)support services facilities;

(b)Games related facilities;

(c)transport facilities and other infrastructure facilities associated with—

s. 3

(i)any facilities set out in paragraph(a); or

(ii)Games related facilities;

S. 3(1) def. of "Games related facilities" insertedby No.16/2003 s.5(2).

"Games related facilities" means any works, development, infrastructure or services declared under section 3A to be Games related facilities;

S.3(1) def. of "Games related indicia or images" insertedby No. 64/2003 s.11.

"Games related indicia or images" means—

(a)a Commonwealth Games logo;

(b)an insignia that is prescribed to be a Commonwealth Games insignia or any part of such an insignia;

(c)a mascot that is prescribed to be a Commonwealth Games mascot or any part of such a mascot;

(d)a pictogram that is prescribed to be a Commonwealth Games pictogram or any part of such a pictogram;

(e)any other indicia or image that refers to or represents the Commonwealth Games and that is prescribed to be a Commonwealth Games indicia or image or any part of such an indicia or image;

(f) a Commonwealth Games reference;

S. 3(1) def. of "Games Village land" insertedby No.16/2003 s.5(2).

"Games Village land" means the land shownhatched on the plan numbered LEGL./03–014 and lodged in the Central Plan Office of the Department of Sustainability and Environment but does notinclude any land excluded under sub-section (2);

s. 3

S. 3(1) def. of "Games Village project" insertedby No.16/2003 s.5(2).

"Games Village project" means the project for—

(a)the development of the Commonwealth Games Village and the use of the Games Village land before and during the Commonwealth Games; and

(b)the development, re-development and use of the Games Village land after the Commonwealth Games;

S.3(1) def. of "goods seizure period" insertedby No. 64/2003 s.11.

"goods seizure period" means the period commencing on 1 January 2006 and ending on 31 March 2006;

S.3(1) def. of "Office of Common-wealth Games Coordination" insertedby No. 64/2003 s.11.

"Office of Commonwealth Games Coordination" means staff of the Department for Victorian Communities engaged in the administration of this Act;

S.3(1) def. of "person" insertedby No. 64/2003 s.11.

"person", in Part 5A, includes a body or association (corporate or unincorporated) and a partnership;

"project Order" means an Order made under section 15;

S. 3(1) def. of "Secretary" substitutedby No. 16/2003 s.12.

"Secretary" means the body corporate constituted under section 25A;

s. 3

S.3(1) def. of "seized goods or advertising material" insertedby No. 64/2003 s.11.

"seized goods or advertising material" means goods or advertising material seized under section 56V;

S.3(1) def. of "sponsorship-like arrangement" insertedby No. 64/2003 s.11.

"sponsorship-like arrangement" means—

(a) a right to associate a person or a person's goods or services with—

(i)the Corporation; or

(ii)the Australian Commonwealth Games Team; or

(iii)ACGA; or

(iv)CGF; or

(v)the Commonwealth Games or any event or program associated with the Commonwealth Games; or

(b)an affiliation or association (whether commercial or non-commercial) with—

(i)the Corporation; or

(ii)the Australian Commonwealth Games Team; or

(iii)ACGA; or

(iv)CGF; or

(v)the Commonwealth Games or any event or program associated with the Commonwealth Games;

S.3(1) def. of "State director" insertedby No. 64/2003 s.5.

"State director" means a director of the Board appointed pursuant to section 4J(2)(c);

"venue Order" means an Order made under section 14;

"works" has the same meaning as it has in the Planning and Environment Act 1987.

S. 3(2) substitutedby No. 16/2003 s.5(3).

(2)The Governor in Council, by Order published in the Government Gazette, may declare land to be excluded from the Games Village land.

S. 3A insertedby No. 16/2003 s.6.

3A.Declaration of Games related facilities

s. 3A

The Minister, by Order published in the Government Gazette, may declare any works, development, infrastructure or services of any kind to be provided before, during or after the Commonwealth Games to be Games related facilities.

4.Act binds the Crown

s. 4

This Act binds the Crown, not only in right of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

S.4A insertedby No.64/2003 s.6.

4A.Extraterritorial operation

It is the intention of the Parliament that the operation of this Act should, as far as the legislative power of the Parliament permits, include operation in relation to acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia.

______

Pt 1A (Heading and ss4B–4V) insertedby No.64/2003 s.7.

Part 1A—Melbourne 2006 Commonwealth Games Corporation

Division 1—Preliminary

S.4B insertedby No.64/2003 s.7.

4B.Objective of Part

s. 4B

The objective of this Part is to establish the Melbourne 2006 Commonwealth Games Corporation to plan, organise and deliver the Commonwealth Games, together with CGF and ACGA, in a manner which—

(a)delivers a high quality sporting program for high performance athletes of the Commonwealth of Nations; and

(b)enhances the reputation of the Commonwealth Games as a major international sporting event; and

(c)promotes Melbourne, Victoria and Australia; and

(d)delivers social, economic and environmental benefits to Victorians and Australians; and

(e)raises the profile of the Commonwealth of Nations by celebrating its values and its diversity of cultures; and

(f)demonstrates a high standard of safety; and

(g)demonstrates a high standard of financial responsibility, probity and transparency.

Division 2—Melbourne 2006 Commonwealth Games Corporation

S.4C insertedby No.64/2003 s.7.

4C.Melbourne 2006 Commonwealth Games Corporation established

s. 4C

(1)There is established the Melbourne 2006 Commonwealth Games Corporation.

(2)The Corporation—

(a)is a body corporate with perpetual succession; and

(b)has an official seal; and

(c)may sue and be sued in its corporate name; and

(d)may acquire, hold and dispose of real and personal property; and

(e)may do and suffer all acts and things that a body corporate may by law do and suffer.

(3)The official seal of the Corporation—

(a)must be kept as directed by the Corporation; and

(b)must only be used as authorised by the Corporation.

(4)All courts must take judicial notice of the official seal of the Corporation on a document and, until the contrary is proved, must presume that it was duly affixed.

S.4D insertedby No.64/2003 s.7.

4D.Corporation does not represent Crown

The Corporation is a public authority but does not represent the Crown.

S.4E insertedby No.64/2003 s.7.

4E.Functions of Corporation

s. 4E

The functions of the Corporation are—

(a)to negotiate, enter into and agree to vary agreements under which the Commonwealth Games and events and programs associated with the Commonwealth Games are held;

(b)to undertake and facilitate the organisation, conduct, management and promotion of the Commonwealth Games and events and programs associated with the Commonwealth Games;

(c)to do all other things necessary for or in connection with the conduct and financial and commercial management of the Commonwealth Games and events and programs associated with the Commonwealth Games;

(d)any other functions conferred on the Corporation by or under this Act.

S.4F insertedby No.64/2003 s.7.

4F.Corporation to carry out functions in accordance with contractual arrangements and obligations

In carrying out its functions, the Corporation must do so—

(a)in accordance with any contractual arrangements or obligations of the Corporation under which the Corporation is authorised to organise, conduct and market the Commonwealth Games; and

(b)in an efficient manner.

S.4G insertedby No.64/2003 s.7.

4G.Powers of Corporation

(1)The Corporation may do anything necessary or convenient for or in connection with, or incidental to, the performance of its functions.

(2)Without limiting sub-section (1), the Corporation may—

(a)enter into contracts, agreements, leases and licences;