Stadiums Tasmania Act 2022

Stadiums Tasmania Act 2022

This Act may be cited as the Stadiums Tasmania Act 2022.

This Act commences on a day to be proclaimed.

In this Act, unless the contrary intention appears –

accounts has the same meaning as it has in the Audit Act 2008;

applicable in relation to a direction, statement or plan mentioned in any provision, means the particular direction, statement or plan in effect at or during the time or period to which the provision applies or is being considered;

asset means any of the following that relate to, or are used mainly for, major sporting activities and, to a lesser extent, entertainment, events and recreation:legal or equitable estate or interest in real or personal property; chose in action; money, documents or securities; infrastructure; plant and equipment; intellectual property; goodwill; records; any other right;

assigned means owned or managed by the Authority or assigned to it by the Crown;

Authority means Stadiums Tasmania established by section 5;

Authority’s staff means the persons appointed or employed in accordance with section 23;

Board means the Board of the Authority constituted under section 8;

business plan means a business plan referred to in section 19;

CEO means the chief executive officer;

chairperson means the chairperson of the Board appointed under section 8(1)(a);

chief executive officer means the chief executive officer of the Authority appointed in accordance with section 20;

commencement day means the day on which this Act commences;

Committee means a committee established in accordance with section 13;

contract includes an agreement or arrangement;

financial year means a period of 12 months ending on 30 June in any year or any other period of 12 months in respect of which the Authority is required by any written law to maintain accounts;

function includes duty;

major asset means an asset worth in excess of $5,000,000;

member means a person appointed as a member of the Board in accordance with this Act;

Ministerial directions– see section 16;

Ministerial statement of expectations– see section 15;

non-Crown entity means a legal entity other than the Crown;

notice means written notice;

property means – any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property; and money, documents and securities; and any other rights and property;

regulations means regulations made and in force under this Act;

strategic plan– see section 17;

transfer agreement means an agreement made in accordance with section 23E;

transfer day means the day on which a transfer notice or transfer agreement, or the relevant part of a transfer notice or transfer agreement, takes effect;

transfer notice means – a notice made under section 23A; or a notice made under section 23D; or a notice made under sections 23A and 23D; or a part of any such notice;

transferor, in relation to a transfer notice, transfer agreement or transfer day, means – the Authority if the relevant transfer notice or transfer agreement transfers any assets, liabilities, contracts or employees to the Crown or a non-Crown entity; or the Crown if the relevant transfer notice or transfer agreement transfers any assets, liabilities, contracts or employees to the Authority; or a non-Crown entity if the relevant transfer notice or transfer agreement transfers any assets, liabilities, contracts or employees to the Authority;

transfer recipient, in relation to a transfer notice, transfer agreement or transfer day, means – the Authority if the relevant transfer notice or transfer agreement transfers any assets, liabilities, contracts or employees to the Authority; or the Crown if the relevant transfer notice or transfer agreement transfers any assets, liabilities, contracts or employees to the Crown; or a non-Crown entity if the relevant transfer notice or transfer agreement transfers any assets, liabilities, contracts or employees to the non-Crown entity;

transferred employee means a person who becomes an employee of the Authority on the transfer day by the operation of section 23A;

written law has the same meaning as it has in the Audit Act 2008.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

Stadiums Tasmania is established.

The Authority – is a body corporate with perpetual succession; and may have a seal; and may sue and be sued in its corporate name; and is an instrumentality of the Crown.

If the Authority has a seal – it is to be kept and used as authorised by the Authority; and all courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Authority.

The Authority has the following functions:

to be the custodian of major public stadiums and other assigned assets on behalf of the Crown and the Tasmanian community;

to own, acquire, manage, operate, maintain, plan for and invest in the development of, assigned assets;

to attract and deliver international and national sporting, entertainment and event content;

to host statewide, regional and local sporting, entertainment and event content and related services, programs and activities;

to ensure the safe, accessible, effective and efficient operation, use and development of assigned assets over their lifetime;

to use assigned assets to help foster excellence in sporting codes and facilitate Tasmania’s engagement in international, national, statewide and local competitions;

to attract, produce, promote and host content that draws audiences to events that stimulate employment and the local and visitor economies;

to operate in a commercial manner that maximises value for the state, using all the financial resources available to it, and adhere to public policy directions and prescribed community service obligations;

to proactively communicate and engage with the users of the assigned assets, as well as the community of interest surrounding each of the assigned assets;

to provide advice to the Minister and Treasurer in relation to these functions, and the strategic development, investment in and management of assigned assets;

to conduct research and provide advice to the Government on existing and potential future assets, policy and strategy, as requested;

to perform other functions requested in writing by the Minister or Treasurer.

Subject to subsection (2), the Authority has the following powers:to acquire, hold, dispose of and otherwise deal with property; to borrow funds and hold debt with the consent of the Treasurer; to enter into contracts and agreements; to transfer any of its property, rights, liabilities and obligations (whether for valuable consideration or otherwise) to a subsidiary; to form, and participate in the formation of, bodies corporate with the Treasurer’s approval; to appoint agents and attorneys; to participate, with the Treasurer’s approval, in partnerships, trusts, joint ventures and arrangements for the sharing of profits; to enter into a contract with another person for the performance or exercise of any of the Authority’s functions or powers either jointly with that other person or by that other person; to set charges, terms and conditions relating to work done, or services, goods or information supplied, by it; to engage consultants and provide consultancy services; to carry on any business which may conveniently be carried on in conjunction with the performance of its functions; to control access to, and the uses to be made of, any material, or assets, owned or developed by the Authority; to do all other things it is authorised to do by or under this or any other Act; to do all things necessary or convenient to be done in connection with, or incidental to, the performance of its functions and the exercise of its powers.

The Authority must not acquire, dispose of or demolish major assets or property without the approval of the Minister and the Treasurer.

The Authority has a Board consisting of the following members:the chairperson of the Board; not less than 4, and not more than 6, other persons.

The chairperson and the other members of the Board are to be appointed by the Minister following a public process.

In making an appointment under subsection (2), the Minister is to ensure that the chairperson and the other members, collectively, have expertise relevant to the Authority’s powers and functions in addition to qualifications or experience in, or including expert knowledge of, most of the following matters:business and financial management; communications, marketing and sponsorship; infrastructure development, delivery and asset management; legal, corporate governance and risk management; major event management and operation; management of major stadiums and venues; sports administration or high performance sport at a senior level.

Schedule 1 has effect in respect of the members of the Board.

Schedule 2 has effect in respect of meetings of the Board.

The Board is responsible to the Minister and the Treasurer for – the exercise of the Authority’s powers under this or any other Act; and the performance of the Authority’s functions under this Act.

The Board has the power to do all things necessary or convenient to be done in connection with the performance and exercise of its responsibilities and powers under this or any other Act.

In performing and exercising its responsibilities and powers, the Board is not to favour any individual, organisation, business or industry sector and must consider the impacts on all relevant parties with a material interest.

The Board may, in writing, delegate any of the Authority’s functions and powers other than this power of delegation to any one or more of the following persons:

the chairperson or other member of the Board;

the chief executive officer;

a Committee or the chairperson of a Committee;

a person appointed or employed for the purposes of this Act.

The Board must notify the Minister and the Treasurer of any risks or developments which, in the opinion of the Board, may – have a significant impact on the Board performing and exercising the Authority’s functions, powers and responsibilities under this Act; or prevent or significantly affect the achievement of the performance objectives under the current strategic plan or business plan; or significantly affect the financial viability or operating ability of the Authority.

A notification under subsection (1) is to be given as soon as practicable after the Board becomes aware of the development.