Version No. 025
State Sport Centres Act 1994
No. 117 of 1994
Version incorporating amendments as at 1 February 2008
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4Repealed3
Part 2—State Sport Centres Trust
5Establishment of Trust
6Functions of Trust
6AMinister may give directions to Trust
6BMinister must approve carrying out of certain functions
7Powers of Trust
8Trust represents the Crown
9Repealed
10Members of the Trust
11Terms and conditions of appointment
12Chairperson
13Vacancies
14Temporary vacancies
15Trust may act despite vacancy etc.
16Pecuniary and other interests of members
17Meetings
18Resolutions without meetings
19Immunity
20Chief executive officer and other staff
21Delegation
Part 3—Particular Powers of the Trust
Division 1—Management powers
22Power to manage the Centre and land
23Reciprocal arrangements with public sector agencies
Division 2—Melbourne Sports and Aquatic Centre land
24Albert Park land
25Trust may enter into agreements to operate services and
facilities
25ATrust to manage Melbourne Sports and Aquatic Centre land
25BPowers to enter into leases
25CPower to grant licences over Melbourne Sports and Aquatic Centre land
26No compensation payable
26AAManagement powers over additional land
Division 3—State Netball and Hockey Centre land
26ATrust to manage State Netball and Hockey Centre land
26BPowers to enter into leases
26CPower to grant licences over State Netball and Hockey Centre land
26DState Netball and Hockey Centre Advisory Committee
26EFunction of State Netball and Hockey Centre Advisory Committee
26FProcedure
Division 4—Additional Melbourne Sports and Aquatic Centre
land
26GRevocation of reservations—Distance Education Centre land
and former railway land
26HAdditional land included in Albert Park as Melbourne Sports
and Aquatic Centre land
26IRegistrar of Titles to make necessary amendments
Part 4—Finances and Reporting
27Borrowing and investment powers
28State Sports Centres Fund
28AThe Melbourne Sports and Aquatic Centre Account
28BThe State Netball and Hockey Centre Account
29Accounts
30Business plan
Part 5—General
31Supreme Court—limitation of jurisdiction
32Regulations
33By-laws
34Proceedings for offences
35Repealed
Part 6—Transitional Provisions
36References to Act
37Change in name of Trust
38Saving of certain matters in respect of State Netball and
Hockey Centre
39Application of Project Development and Construction Management Act 1994
40Transitional provisions—State Sport Centres (Amendment) Act 2004
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SCHEDULES
SCHEDULE 1—Melbourne Sports and Aquatic Centre Land
SCHEDULE 2—Former Distance Education Centre Land
SCHEDULE 3—Former Railway Land
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 025
State Sport Centres Act 1994
No. 117 of 1994
Version incorporating amendments as at 1 February 2008
1
State Sport Centres Act 1994
No. 117 of 1994
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
S. 1(a) amended by No. 60/1999 s.5(1).
(a)to establish a State Sport Centres Trust;
(b)to provide for the construction, management and operation of a Melbourne Sports and Aquatic Centre;
(c)to provide for the use and promotion of a Melbourne Sports and Aquatic Centre;
(d)to provide for the use of the Melbourne Sports and Aquatic Centre land;
S. 1(e)
inserted by No. 60/1999 s.5(2).
(e)to provide for the management, promotion, operation and use of the State Netball and Hockey Centre;
S. 1(f)
inserted by No. 60/1999 s.5(2).
(f)to provide for the use of the State Netball and Hockey Centre land;
S. 1(g)
inserted by No. 60/1999 s.5(2).
(g)to provide for the planning, development, management, promotion, operation and use of other sports, recreation and entertainment facilities and services in Victoria.
2Commencement
s. 2
(1)Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3) the remainder of this Act comes into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation within the period of 12months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.
3Definitions
S. 3 def. of Albert Park insertedby No. 70/2004 s.4(a).
Albert Park has the same meaning as it has in the Australian Grands Prix Act1994;
S. 3 def. of Centre repealed by No. 60/1999 s.6(a).
*****
S. 3 def. of gaming substitutedby No. 114/2003 s.12.1.3(Sch. 6 item12), repealedby No.70/2004 s.4(c).
*****
S. 3 def. of Melbourne Sports and Aquatic Centre inserted by No. 60/1999 s.6(b), amendedby No.70/2004 s.4(d).
Melbourne Sports and Aquatic Centre means the facility or facilities for the purposes of sporting, education, recreational, social, entertainment and related purposes known as the Melbourne Sports and Aquatic Centre constructed by the Trust on Melbourne Sports and Aquatic Centre land;
S. 3 def. of Melbourne Sports and Aquatic Centre land substituted by Nos 68/1997
s. 3(1), 57/2001 s. 62, 70/2004 s.4(b).
Melbourne Sports and Aquatic Centre land means the land shown hatched in the plan in Schedule 1;
member in relation to the Trust, includes the chairperson and deputy chairperson of the Trust;
S. 3 def. of State Netball and Hockey Centre inserted by No. 60/1999 s.6(b).
State Netball and Hockey Centre means the facility or facilities for the purposes of sport, recreation, entertainment or social activities and related purposes constructed on the State Netball and Hockey Centre land;
S. 3 def. of State Netball and Hockey Centre land inserted by No. 60/1999 s.6(b).
State Netball and Hockey Centre land means the land shown hatched on the plan in Schedule2 to the RoyalParkLand Act 1999;
s. 3
S. 3 def. of stratum inserted by No. 60/1999 s.6(b).
stratum means a part of land consisting of a space of any shape above or below or partly above and partly below the surface of the land, all the dimensions of which are limited;
S. 3 def. of Trust amended by No. 60/1999 s.6(c).
Trust means the State Sport Centres Trust established by this Act.
S. 4
repealed by No. 68/1997
s. 3(2).
*****
______
Pt 2 (Heading) substituted by No. 60/1999 s.7.
Part 2—State Sport Centres Trust
5Establishment of Trust
s. 5
S. 5(1) amended by No. 60/1999 s.8.
(1)There is established by this Act a Trust to be known as the State Sport Centres Trust.
(2)The Trust—
(a)is a body corporate with perpetual succession; and
(b)has a common seal; and
(c)may sue or 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 which by law bodies corporate may do or suffer.
(3)The common seal of the Trust must be kept as directed by the Trust and may only be used as authorised by the Trust.
(4)All courts, judges and persons acting judicially must take judicial notice of the common seal of the Trust affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
6Functions of Trust
The functions of the Trust are to provide for all or any of the following matters—
S. 6(a) amendedby No.70/2004 s.5(1).
(a)the planning, design and construction of a facility to be known as the Melbourne Sports and Aquatic Centre to be used for sporting, education, recreational, social, entertainment and related purposes;
S. 6(b) amended by No. 60/1999 s.9(a).
(b)the management, operation and maintenance of the Melbourne Sports and Aquatic Centre and the State Netball and Hockey Centre;
S. 6(c) amended by No. 60/1999 s.9(b).
(c)the care, improvement, use and promotion of the Melbourne Sports and Aquatic Centre and the State Netball and Hockey Centre;
S. 6(d) amended by No. 60/1999 s.9(c).
(d)the efficient financial management of the Melbourne Sports and Aquatic Centre and the State Netball and Hockey Centre;
S. 6(da) inserted by No. 60/1999 s.9(d).
(da)the care, protection and management of the State Netball and Hockey Centre land;
s. 6
S. 6(dab) insertedby No.70/2004 s.5(2).
(dab)the care, protection and management of the Melbourne Sports and Aquatic Centre land, including maintaining that land and the facilities on that land to a standard that complements Albert Park;
S. 6(db) inserted by No. 60/1999 s.9(d).
(db)subject to this Act, the planning, development, management, promotion, operation and use of other sports, recreation and entertainment facilities and services in Victoria;
S. 6(dc) inserted by No. 60/1999 s.9(d).
(dc)the development, management, promotion, operation and use of facilities and services for the parking of vehicles and other necessary services to be used in conjunction with any of the facilities or services managed or operated by the Trust;
S. 6(dd) insertedby No.19/2003 s.32(1), amendedby No.70/2004 s.5(3).
(dd)to carry out any other function conferred on or given to the Trust by or under this Act or any other Act;
(e)to accept appointment and act as a committee of management of Crown lands.
S. 6A
inserted by No. 60/1999 s.10.
6AMinister may give directions to Trust
s. 6A
(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 the Minister in carrying out its functions under this Act.
S. 6B
inserted by No. 60/1999 s.10.
6BMinister must approve carrying out of certain functions
The Trust must obtain the written approval 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 Hockey Centre, the Melbourne Sports and Aquatic Centre land or the State Netball and Hockey Centre land.
7Powers of Trust
(1)The Trust has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(2)For the purpose of achieving its functions, the Trust also has the powers listed in Parts 3 and 4, but these powers do not limit its general powers.
8Trust represents the Crown
In performing its functions and exercising its powers and duties under this Act, the Trust represents the Crown.
S. 9
repealed by No. 60/1999 s.11.
*****
10Members of the Trust
The Trust shall consist of not less than 5, and not more than 7, part-time members appointed by the Governor in Council having regard to their capacity to carry out the functions of the Trust and having qualifications and experience that the Governor in Council considers appropriate.
11Terms and conditions of appointment
s. 10
(1)A member of the Trust may be appointed for any term not exceeding 3 years specified in the instrument of appointment but, subject to subsection (2), is eligible for re-appointment.
(2)A person who has been a member of the Trust for 9 consecutive years ceases to hold office and is not eligible for re-appointment unless—
(a)the person is, or immediately before the expiry of the ninth consecutive year the person was, the chairperson; or
(b)a period of 3 years or more has elapsed since the person last was a member of the Trust.
(3)A member of the Trust is entitled to be paid any remuneration or travelling or other allowances fixed for that member from time to time by the Governor in Council.
S. 11(4) amended by No. 46/1998
s. 7(Sch. 1), substitutedby Nos108/2004 s.117(1) (Sch.3 item188), 80/2006 s.26(Sch. item97).
(4)The Public Administration Act 2004 (other than Part3 of that Act) applies to a member of the Trust in respect of the office of member.
(5)A member is appointed subject to any other terms and conditions that are specified in the instrument of appointment.
12Chairperson
(1)The Minister must appoint one of the members as chairperson of the Trust and may appoint another of the members as deputy chairperson of the Trust.
(2)The chairperson and deputy chairperson may resign their office by notice in writing delivered to the Minister.
13Vacancies
s. 12
(1)A member may resign by notice in writing signed by the member and delivered to the Minister.
(2)The office of a member becomes vacant—
(a)if the member becomes bankrupt; or
(b)if the member is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or
(c)if the member is absent from 3 consecutive meetings of the Trust without the prior leave of the Trust.
14Temporary vacancies
(1)If the office of a member of the Trust is vacant or a member of the Trust is unable, whether because of illness or otherwise, to perform the duties of office of member, the Minister may appoint a person to act as a member while the office is vacant or during that period of inability.
(2)A person appointed to act as a member of the Trust has, while so acting, the rights, powers and duties of the member for whom he or she acts.
(3)A person appointed to act as a member is entitled to receive any remuneration, travelling and other allowances fixed for that member by the Minister.
15Trust may act despite vacancy etc.
An act or decision of the Trust is not invalid only because of—
(a)a defect or irregularity in or in connection with the appointment of a member; or
(b)a vacancy in the office of member; or
(c)in the case of an acting member, the occasion for the member acting has not arisen.
16Pecuniary and other interests of members
s. 15
(1)A member who—
(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—
a matter being considered or about to be considered by the Trust must, as soon as practicable after the relevant facts have come to his or her knowledge, declare the nature of the interest at a meeting.
(2)A person presiding at a meeting at which a declaration is made must cause a record of the declaration to be made in the minutes of the meeting.
(3)After a declaration is made by a member—
(a)unless the Trust otherwise directs, the member must not be present during any deliberation with respect to that matter; and
(b)the member is not entitled to vote on the matter; and
(c)if the member does vote on the matter, the vote must be disallowed.
17Meetings
(1)The chairperson of the Trust, or in his or her absence, the deputy chairperson of the Trust or, in the absence of both of them, a member appointed by the members present, must preside at a meeting of the Trust.
(2)A question must not be determined at a meeting of the Trust unless a quorum consisting of a majority of its current membership is present.
(3)A question arising at a meeting of the Trust shall be determined by a majority of the members present and voting on that question and, in the event of an equality of votes, the person presiding at a meeting shall have a second or casting vote.
(4)The Trust must meet at the times and places determined by it or, in the absence of a determination by the Trust, by the chairperson of the Trust.
(5)The Trust may permit members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.
18Resolutions without meetings
s. 17
(1)If the members for the time being (other than a member who is absent from Australia when the other members sign) sign a document containing a statement that those members are in favour of a resolution in terms set out in the document, a resolution in those terms shall be taken to have been passed at a meeting of the Trust held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last member to sign signs the document.
(2)If a resolution is, under subsection (1), taken to have been passed at a meeting of the Trust, each member must be advised as soon as practicable and given a copy of the terms of the resolution.
(3)For the purposes of subsection (1), two or more separate documents containing a statement in identical terms, each of which is signed by one or more members, shall be taken to constitute one document.
19Immunity
s. 19
(1)A member or the chief executive officer of the Trust is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—
(a)in the exercise of a power or the performance of a function or duty under this Act; or
(b)in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function or duty under this Act.
(2)Any liability resulting from an act or omission that, but for subsection (1), would attach to the member or chief executive officer, attaches instead to the Trust.
20Chief executive officer and other staff
(1)The Trust may appoint a person approved by the Minister as the chief executive officer of the Trust for the term, not exceeding 5 years, that is specified in the instrument of appointment.
(2)The chief executive officer holds office, subject to this Act, on the terms and conditions that are specified in the instrument of appointment.
(3)The Trust must not remove the chief executive officer from office except with the approval of the Minister.
(4)The Trust may engage such other officers and employees as are necessary for the performance of its functions.
(5)The Trust may engage any consultants that it requires to exercise its functions.
(6)The terms and conditions of appointment, employment or engagement are as determined by the Trust.
21Delegation
s. 21
The Trust may, by instrument under its common seal, delegate to one or more members of the Trust or to the chief executive officer any function, power or duty of the Trust except this power of delegation.
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Part 3—Particular Powers of the Trust
Division 1—Management powers
22Power to manage the Centre and land
s. 22
The Trust has power to—
S. 22(a) amendedby No.19/2003 s.32(2).
(a)enter into contracts, agreements or arrangements with any person or body for carrying out all or any of its functions, powers and duties under this Act or any other Act;
(b)apply for, acquire and hold any licence under any Act;
S. 22(c) amended by No. 60/1999 s.12(a).
(c)charge fees for entry to the Melbourne Sports and Aquatic Centre or any part of the Melbourne Sports and Aquatic Centre land or for the use of any facilities or services at the Centre or on the land;
S. 22(d) inserted by No. 60/1999 s.12(b).
(d)charge fees for entry to the State Netball and Hockey Centre or any part of the State Netball and Hockey Centre land or for the use of any facilities or services at that Centre or on that land;
S. 22(e) inserted by No. 60/1999 s.12(b).
(e)charge fees for entry to any other sports, recreation and entertainment facilities or services managed or operated by the Trust.
23Reciprocal arrangements with public sector agencies
(1)With the consent of the Governor in Council given on the Minister's recommendation the Trust may enter into an agreement or arrangement with a public sector agency concerning—
(a)the carrying out by the Trust and the public sector agency of any of their respective functions or powers; or
(b)the carrying out or providing by the Trust for the public sector agency, or by the public sector agency for the Trust, of any works or services; or
(c)the use or joint use by the Trust and the public sector agency of their respective facilities or the services of their respective staff; or
(d)the allocation of funds collected under the agreement or arrangement.
(2)If the Trust proposes to enter into an agreement or arrangement providing for the allocation of funds to be collected under the agreement or arrangement, the Minister must consult the Treasurer about the proposal before making any recommendation under subsection (1).