1Purposes

The purposes of this Act are—

(a)

to establish a Trust to manage the Caulfield Racecourse Reserve for racing, recreation and public park purposes; and

(b)

to confer functions, duties and powers on the Trust in relation to the management of the Caulfield Racecourse Reserve, including leasing and licensing powers; and

(c)

to allow the Minister to give directions to the Trust in relation to the carrying out of the Trust's functions, duties and powers; and

(d)

to allow the Minister to appoint, suspend and remove members of the Trust; and

(e)

to create a mechanism to define certain areas of the Caulfield Racecourse Reserve that may be used for each of the purposes for which the land is permanently reserved; and

(f)

to provide for other related matters in relation to the management of the Caulfield Racecourse Reserve; and

(g)

to revoke a Crown grant and provide for the dissolution of the appointment of trustees under the grant; and

(h)

to make consequential amendments to other Acts.

2Commencement

(1)

This Part, Part 7 and Schedule 1 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)

Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)

If a provision referred to in subsection (2) does not come into operation before 1 August 2018, it comes into operation on that day.

3Definitions

In this Act—

Caulfield Racecourse Reserve event means an event to which an event declaration applies;

corporate planning document means—

(a)

a statement of corporate intent; or

(b)

a corporate plan; or

(c)

a business plan;

S. 3 def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 12).

Council has the same meaning as in the Local Government Act 2020;

event declaration means a declaration made under section 34;

film friendly principles has the same meaning as in the Filming Approval Act 2014;

film permit has the same meaning as in the Filming Approval Act 2014;

land use order means an order made under section 33;

local Council means the Council that governs the municipal district in which the Reserve is located;

S. 3 def. of municipal district amended by No. 9/2020 s. 390(Sch. 1 item 12).

municipal district has the same meaning as in the Local Government Act 2020;

Reserve means the land described in items 1, 2 and 3 of Schedule 1, subject to any authorised additions, excisions or revocations;

setting aside determination means a determination under section 35(2);

strategic management plan means a strategic management plan made by the Trust under section 28;

Trust means the Caulfield Racecourse Reserve Trust established by section 5;

Victoria Amateur Turf Club (incorporating Melbourne Racing Club) means the Victoria Amateur Turf Club (incorporating Melbourne Racing Club) as constituted under the Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963.

4Filming Approval Act 2014

This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.

Part 2—Caulfield Racecourse Reserve Trust

5Establishment of the Trust

(1)

The Caulfield Racecourse Reserve Trust is established.

(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 a body corporate may do or suffer.

(3)

The common seal 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.

6Functions and powers of the Trust

(1)

The Trust has the following functions—

(a)

to be responsible for the planning, development, management, operation, care, promotion and use of the Reserve for the purposes of racing, recreation and a public park;

(b)

to undertake proper financial management of the Reserve;

(c)

to accept appointment and act as a committee of management of Crown land under the Crown Land (Reserves) Act 1978;

(d)

to perform any other function conferred on or given to the Trust by or under this Act or any other Act.

(2)

The Trust must not accept appointment and act as a committee of management under the Crown Land (Reserves) Act 1978 in respect of land outside the Reserve without the approval of the Minister and the Minister responsible for administering the Racing Act 1958.

(3)

The Trust has all powers necessary to perform its functions and duties under this Act.

7Members of the Trust

(1)

The Trust consists of at least 5 but not more than 7 members appointed by the Minister.

(2)

The Minister must appoint one member of the Trust as chairperson of the Trust.

(3)

In making an appointment under this section, the Minister must consider—

(a)

a person's capacity to perform the functions of the Trust; and

(b)

any qualifications, skills or experience that the Minister considers relevant to the management of the Reserve.

8Terms and conditions of appointment to the Trust

(1)

A member of the Trust—

(a)

is appointed for a term, not exceeding 3 years, specified in the member's instrument of appointment; and

(b)

is eligible for reappointment; and

(c)

is otherwise subject to the terms and conditions specified in the instrument of appointment.

(2)

A member of the Trust is entitled to receive any remuneration, fees or allowances that are fixed from time to time for that member by the Minister, other than a member who is a member of the Legislative Assembly or the Legislative Council.

9Resignation and removal of members of the Trust

(1)

A member of the Trust may resign in writing sent to the Minister.

(2)

The Minister may remove a member of the Trust at any time.

10Vacancies in the membership of the Trust

The office of a member of the Trust becomes vacant if—

(a)

the member becomes bankrupt; or

(b)

the member is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence; or

(c)

the member is absent from 3 consecutive meetings of the Trust without the prior leave of the Trust; or

(d)

the member resigns or is removed under section 9.

11Acting members of the Trust

(1)

The Minister may appoint a person to act as a member of the Trust if—

(a)

the office of a member of the Trust becomes vacant under section 9 or 10; or

(b)

a member of the Trust is unable to perform their duties because of illness or some other reason.

(2)

A person appointed as an acting member—

(a)

has the rights, powers and duties of the member for whom that person acts; and

(b)

is entitled to receive any remuneration, fees or allowances that are fixed from time to time for that member by the Minister.

12Validity of decisions of the Trust

An act or a decision of the Trust is not invalid merely because of—

(a)

a defect or irregularity in, or in connection with, the appointment of a member or acting member; or

(b)

a vacancy in the membership of the Trust; or

(c)

in the case of an acting member, the occasion for the member acting has not arisen.

Caulfield Racecourse Reserve Act 2017

About this Act

Bill & explanatory material

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