Version No. 005
Melbourne Convention and Exhibition Trust Act 1996
No. 71 of 1996
Version incorporating amendments as at 4 January 2008
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
Part 2—Melbourne Convention and Exhibition Trust
4Establishment of Trust
5Functions of Trust
6Powers of Trust
7Ministerial directions
8Members of the Trust
9Terms and conditions of appointment
10Chairperson
11Vacancies
12Temporary vacancies
13Trust may act despite vacancy etc.
14Pecuniary interest of members
15Meetings
16Staff
Part 3—Particular Powers of the Trust
Division 1—General powers
17Power to impose fees or charges
18Arrangements
19Reciprocal arrangements with public sector agencies
Division 2—Land
20Trust is an authority under the Land Act 1958
21Restrictions on certain dealings with land
Part 4—Finances and Reporting
22Borrowing and investment powers
23Corporate plan
24Statement of corporate intent—contents
25Trust to act in accordance with corporate plan
26Nothing void merely because of non-compliance
27Half-yearly reports
Part 5—General
28Regulations
Part 6—Repeal, Transitional and Amendments
29Definitions
30Repeal
31Abolition of Melbourne Exhibition Centre Trust
32Transfer of assets and liabilities
33Superseded references
34Borrowing and Investment Powers Act 1987
35Historic Buildings Act 1981
36Museums Act 1983
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 005
Melbourne Convention and Exhibition Trust Act 1996
No. 71 of 1996
Version incorporating amendments as at 4 January 2008
1
Melbourne Convention and Exhibition Trust Act 1996
No. 71 of 1996
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to establish a Melbourne Convention and Exhibition Trust to manage convention and exhibition facilities and services and to carry out certain other functions;
(b)to abolish the Melbourne Exhibition Centre Trust;
(c)to repeal the Melbourne Exhibition Centre Act 1994.
2Commencement
(1)Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.
(2)The remaining provisions of this Act come into operation on a day or days to be proclaimed.
3Definitions
Exhibition land means the Exhibition land set out in the Schedule to the Museums Act 1983;
member in relation to the Trust, means a member of the Trust and includes the chairperson of the Trust;
Royal Exhibition Building means the RoyalExhibitionBuilding on the Exhibition land;
s. 3
Trust means the Melbourne Convention and Exhibition Trust established by this Act.
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Part 2—Melbourne Convention and Exhibition Trust
4Establishment of Trust
s. 4
(1)There is established by this Act a Trust to be known as the Melbourne Convention and Exhibition 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)is capable of acquiring, holding and disposing of real and personal property; and
(e)is capable of doing or suffering anything 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 must not be used except as authorised by the Trust.
(4)All courts 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.
5Functions of Trust
The functions of the Trust are to provide for—
(a)the development, promotion, management, operation and use of convention and exhibition facilities and services in the City of Melbourne and the City of Port Phillip;
(b)with the approval of the Minister, the development, promotion, management, operation and use of tourism or hospitality facilities and services in the City of Melbourne and the City of Port Phillip;
(c)the development, promotion, management, operation and use of facilities and services for the parking of vehicles to be used in conjunction with any of the Trust's facilities;
(d)with the approval of the Minister and for such period as is approved by the Minister, the promotion, management, operation and use of—
(i)the RoyalExhibitionBuilding; and
(ii)any part of the Exhibition land that the Trust reasonably requires in conjunction with the use of the RoyalExhibitionBuilding—
subject to any agreement or arrangement between the Trust and the Council of the Museum of Victoria;
(e)any other matter authorised by this Act.
6Powers of Trust
s. 6
(1)The Trust may do anything necessary or convenient to be done for or in connection with the performance of its functions.
(2)Without limiting subsection (1), the Trust—
(a)may acquire, hold and dispose of any real or personal property or any interest in that property;
(b)may be appointed and act as a committee of management of any land reserved under the Crown Land (Reserves) Act 1978 for purposes that are consistent with the functions of the Trust;
(c)may enter into contracts, agreements, arrangements, leases and licences;
(d)may engage agents or contractors;
(e)may act as agent of another person.
(3)The Trust also has the powers in Part 3 and section 22 but these powers do not limit its general powers.
7Ministerial directions
s. 7
(1)The Minister may give to the Trust—
(a)general directions; or
(b)any specific direction in relation to—
(i)the spending of any amount of the Trust's funds that is specified by the Minister for the promotion of Melbourne as a place for holding conferences, conventions or exhibitions or for any other purposes specified by the Minister; or
(ii)any matter or class of matters specified in the direction.
(2)The Trust must carry out its functions and duties and exercise its powers subject to—
(a)the general direction and control of the Minister; and
(b)any specific direction given by the Minister under this section.
8Members of the Trust
s. 8
The Trust consists of not less than 3, 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.
9Terms and conditions of appointment
(1)A member of the Trust may be appointed for any term not exceeding 3 years that is specified in the instrument of appointment, but is eligible for reappointment.
(2)A member is entitled to be paid any remuneration or travelling or other allowances that are fixed for that member from time to time by the Governor in Council.
S. 9(3) amended by No. 46/1998
s. 7(Sch. 1) substituted by Nos 108/2004 s. 117(1) (Sch.3 item129), 80/2006 s.26(Sch. item66).
(3)The Public Administration Act 2004 (other than Part3 of that Act) applies to a member in respect of the office of member.
(4)A member is appointed subject to any other terms and conditions that are specified in the instrument of appointment.
10Chairperson
(1)The Minister must appoint one member to be chairperson of the Trust.
(2)The chairperson may resign that office by notice in writing signed by the chairperson and delivered to the Minister.
11Vacancies
s. 11
(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 if the member—
(a)becomes bankrupt; or
(b)is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or
(c)is absent from 3 consecutive meetings of the Trust without the prior leave of the Trust.
12Temporary vacancies
(1)If—
(a)the office of a member is vacant; or
(b)a member is unable, whether because of illness or otherwise, to perform the duties of the 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)While a person is acting as a member, the person has and may perform all the powers and must exercise all the 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 an acting member by the Minister.
13Trust may act despite vacancy etc.
s. 13
An act or decision of the Trust is not invalid only because—
(a)of a defect or irregularity in or in connection with the appointment of a member; or
(b)of a vacancy in the office of a member; or
(c)in the case of an acting member, the occasion for the member acting has not arisen or had ceased.
14Pecuniary interest of members
(1)If—
(a)a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Trust; and
(b)the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter—
the member, as soon as practicable after becoming aware of the relevant facts, must declare the nature of the interest to the Trust.
(2)The Trust or the chairperson must cause a record of the declaration to be tabled and recorded in the minutes of the meeting or, if the declaration is not made at a meeting of the Trust, at the next meeting of the Trust.
(3)A member who has a conflict of interest in a matter—
(a)must not be present during any deliberations on the matter, unless the Trust directs otherwise; and
(b)is not entitled to vote on the matter.
(4)If a member votes on a matter in contravention of subsection (3)(b), the member's vote must be disallowed.
(5)A member who has a conflict of interest in a matter must not be present during any deliberations leading to a direction, or take part in making a direction, under subsection (3)(a).
(6)For the purposes of this section, a member is not to be regarded as having a conflict of interest—
(a)in relation to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or
(b)in a contract or arrangement because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body.
15Meetings
s. 15
(1)At any meeting of the Trust, the chairperson shall preside or, in the absence of the chairperson, the members may elect one of their number to preside.
(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 has 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.
16Staff
s. 16
(1)The Trust may appoint an executive officer and may employ or engage any other officers, employees or persons that are necessary for the performance of its functions.
(2)The executive officer holds office—
(a)for the term not exceeding 5 years that is specified in the instrument of appointment but is eligible for re-appointment; and
(b)on any other terms and conditions that are specified in the instrument of appointment.
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Part 3—Particular Powers of the Trust
Division 1—General powers
17Power to impose fees or charges
s. 17
The Trust has power to impose fees or charges for providing any facilities or services.
18Arrangements
The Trust, with the approval of the Minister, may do all or any of the following for the purposes of performing its functions under this Act—
(a)form, or participate in the formation of, a corporation, trust, partnership or other body;
(b)subscribe for, or otherwise acquire, and hold and dispose of shares in, or debentures or other securities of, a corporation;
(c)subscribe for, or otherwise acquire, and hold and dispose of, units in a trust;
(d)acquire and hold and dispose of an interest in a partnership or other body;
(e)enter into any contract, agreement or arrangement with a person for the sharing of profits, a union of interest, co-operation, a joint venture, a reciprocal concession or otherwise.
(2)Subsection (1) applies whether a person or body referred to in that subsection or a party to a contract, agreement or arrangement under subsection (1)(e) is formed in Victoria or elsewhere.
(3)An approval under this section may be given for a particular case or a class of cases.
19Reciprocal arrangements with public sector agencies
s. 19
(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 performance or exercise 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).
(3)In this section public sector agency means a Minister, government department, body established by or under an Act for a public purpose, municipal council or committee of management of Crown lands.
Division 2—Land
20Trust is an authority under the Land Act 1958
s. 20
(1)The Trust is an authority for the purposes of section 22A of the Land Act 1958.
(2)The powers conferred on the Trust by section 22A of the Land Act 1958 as applied by this section are in addition to and do not derogate from any of the Trust's other functions or powers and any other provisions of this Act.
21Restrictions on certain dealings with land
The Trust must not—
(a)sell, mortgage or otherwise dispose of land in fee simple or any part of it; or
(b)use or permit to be used any land vested in the Trust or managed or controlled by the Trust or any part of that land otherwise than for the purposes of the Trust—
without the approval in writing of the Minister.
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Part 4—Finances and Reporting
22Borrowing and investment powers
s. 22
The Trust has the powers conferred on it by the Borrowing and Investment Powers Act 1987.
23Corporate plan
(1)The Trust must prepare a corporate plan each year.
(2)The Trust must give a copy of the proposed plan to the Minister on or before 31 May in each year.
(3)The proposed corporate plan must be in or to the effect of a form approved by the Minister and must include—
(a)a statement of corporate intent in accordance with section 24;
(b)a business plan containing the information required by the Minister;
(c)financial statements containing the information required by the Minister.
(4)The Trust must consider any comments on the proposed plan that are made to it by the Minister within 2 months after the plan was submitted to the Minister.
(5)The Trust must consult in good faith with the Minister following communication to it of the comments, must make such changes to the plan as are agreed between the Minister and the Trust and must deliver the completed plan to the Minister within 2 months after the commencement of the financial year.
(6)The plan, or any part of the plan, must not be published or made available except for the purposes of this Part without the prior approval of the Trust and the Minister.
(7)The plan may be modified at any time by the Trust with the agreement of the Minister.
(8)If the Trust, by written notice to the Minister, proposes a modification of the plan the Trust may, within 14 days, make the modification unless the Minister, by written notice to the Trust, directs the Trust not to make it.
(9)The Minister may, from time to time, by written notice to the Trust, direct the Trust to include in, or omit from, a statement of corporate intent, business plan or financial statement, any specified matters.
(10)Before giving a direction under subsection (9), the Minister must consult with the Trust as to the matters to be referred to in the direction.
(11)The Trust must comply with any direction under subsection (9).
(12)At any particular time, the statement of corporate intent, the business plan or the financial statements for the Trust are the statements and plans last completed, with any modifications or deletions made in accordance with this Part.
24Statement of corporate intent—contents
s. 24
Each statement of corporate intent must specify for the Trust, in respect of the financial year to which it relates and each of the 2 following financial years, the following information—
(a)the objectives of the Trust;
(b)the main undertakings of the Trust;
(c)the nature and scope of the activities to be undertaken by the Trust;
(d)the accounting policies to be applied in the accounts;
(e)the performance targets and other measures by which the performance of the Trust may be judged in relation to its stated objectives;
(f)the kind of information to be provided to the Minister by the Trust during the course of those financial years, including the information to be included in each half-yearly report;
(g)such other matters as may be agreed by the Minister and the Trust from time to time.
25Trust to act in accordance with corporate plan
s. 25
The Trust must act only in accordance with its corporate plan, as existing from time to time, unless it has first obtained the written approval of the Minister to do otherwise.
26Nothing void merely because of non-compliance
Nothing done by the Trust is void or unenforceable merely because the Trust has failed to comply with this Part.
27Half-yearly reports
(1)The Trust must give to the Minister a report of the operations of the Trust during the period of 6months ending on the preceding 31 December and financial statements for that period.
(2)The report must be given to the Minister in February in each year or at any other time that the Minister approves or requires.
(3)If the Minister, by notice in writing given to the Trust, requires certain information to be included in a report, that information must be included in the report.
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Part 5—General
28Regulations
s. 28
(1)The Governor in Council may make regulations prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2)The regulations are subject to disallowance by a House of the Parliament.
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Part 6—Repeal, Transitional and Amendments
29Definitions
s. 29
In this Part—
new Trustmeans the Melbourne Convention and Exhibition Trust established by this Act;
old Trustmeans the Melbourne Exhibition Centre Trust abolished by this Act.
30Repeal
TheMelbourne Exhibition Centre Act 1994 is repealed.
31Abolition of Melbourne Exhibition Centre Trust
(1)The Melbourne Exhibition Centre Trust established by the Melbourne Exhibition Centre Act 1994 is abolished and its members go out of office.