Version No. 010
Commonwealth Games Arrangements Act 2001
Act No. 57/2001
Version incorporating amendments as at 5 November 2003
table of provisions
SectionPage
1
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
______
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
═══════════════
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
INDEX113
1
Version No. 010
Commonwealth Games Arrangements Act 2001
Act No. 57/2001
Version incorporating amendments as at 5 November 2003
1
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;