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), substituted by No. 41/2022 s. 3.

(e)

to provide for the management, promotion, operation and use of—

(i)

the Knox Regional Sports Park; and

(ii)

the Lakeside Stadium; and

(iii)

the State Netball and Hockey Centre;

S. 1(f) inserted by No. 60/1999 s. 5(2), substituted by No. 41/2022 s. 3.

(f)

to provide for the use of—

(i)

the Knox Regional Sports Park land; and

(ii)

the Lakeside Oval Reserve land; and

(iii)

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

(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 12 months 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 inserted by No. 70/2004 s. 4(a).

Albert Park has the same meaning as it has in the Australian Grands Prix Act 1994;

S. 3 def. of Centre repealed by No. 60/1999 s. 6(a).

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S. 3 def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 18.1).

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

S. 3 def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 18.1).

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

S. 3 def. of gaming substituted by No. 114/2003 s. 12.1.3(Sch. 6 item 12), repealed by No. 70/2004 s. 4(c).

* * * * *

S. 3 def. of Knox Regional Sports Park inserted by No. 41/2022 s. 4.

Knox Regional Sports Park means the facility or facilities for the purposes of sporting, education, recreational, social, entertainment and related purposes constructed on the Knox Regional Sports Park land;

S. 3 def. of Knox Regional Sports Park land inserted by No. 41/2022 s. 4.

Knox Regional Sports Park land means the land shown in the plan in Schedule 4, being Crown Allotment 2287 on the plan numbered OP124603 lodged in the Central Plan Office;

S. 3 def. of Lakeside Oval Reserve land inserted by No. 41/2022 s. 4.

Lakeside Oval Reserve land means the land shown in the plan in Schedule 5, being Crown Allotment 2343 on the plan numbered OP123110 lodged in the Central Plan Office;

S. 3 def. of Lakeside Stadium inserted by No. 41/2022 s. 4.

Lakeside Stadium means the facility or facilities for the purposes of sporting, education, recreational, social, entertainment and related purposes constructed on the Lakeside Oval Reserve land;

S. 3 def. of major lease inserted by No. 28/2024 s. 45.

major lease means a lease that—

(a)

is for a term of 21 years or more; or

(b)

is over the whole of any of the lands referred to in paragraphs (a) to (d) of the definition of State Sport Centres land;

S. 3 def. of Melbourne Sports and Aquatic Centre inserted by No. 60/1999 s. 6(b), amended by 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 police officer inserted by No. 37/2014 s. 10(Sch. item 158.1).

police officer has the same meaning as in the Victoria Police Act 2013;

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 Schedule 2 to the Royal Park Land Act 1999;

S. 3 def. of State Sport Centres inserted by No. 41/2022 s. 4.

State Sport Centres means the following—

(a)

the Knox Regional Sports Park;

(b)

the Lakeside Stadium;

(c)

the Melbourne Sports and Aquatic Centre;

(d)

the State Netball and Hockey Centre;

S. 3 def. of State Sport Centres land inserted by No. 41/2022 s. 4.

State Sport Centres land means the following—

(a)

the Knox Regional Sports Park land;

(b)

the Lakeside Oval Reserve land;

(c)

the Melbourne Sports and Aquatic Centre land;

(d)

the State Netball and Hockey Centre land;

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), new s. 4 inserted by No. 51/2014 s. 9(Sch. 2 item 18.2).

4Filming Approval Act 2014

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

Pt 2 (Heading) substituted by No. 60/1999 s. 7.

5Establishment of Trust

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) amended by 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 Nos 60/1999 s. 9(a), 41/2022 s. 5(a).

(b)

the management, operation and maintenance of the State Sport Centres;

S. 6(c) amended by Nos 60/1999 s. 9(b), 41/2022 s. 5(a).

(c)

the care, improvement, use and promotion of the State Sport Centres;

S. 6(d) amended by Nos 60/1999 s. 9(c), 41/2022 s. 5(a).

(d)

the efficient financial management of the State Sport Centres;

S. 6(da) inserted by No. 60/1999 s. 9(d), amended by No. 41/2022 s. 5(b).

(da)

the care, protection and management of the Knox Regional Sports Park land and the State Netball and Hockey Centre land;

S. 6(dab) inserted by No. 70/2004 s. 5(2), amended by No. 41/2022 s. 5(c).

(dab)

the care, protection and management of the Lakeside Oval Reserve land and 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) inserted by No. 19/2003 s. 32(1), amended by 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

(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, amended by No. 41/2022 s. 6.

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 State Sport Centres or the State Sport Centres 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.

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S. 10 amended by No. 28/2024 s. 46.

10Members of the Trust

The Trust shall consist of not less than 5, and not more than 11, 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

(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), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 188), 80/2006 s. 26(Sch. item 97).

(4)

The Public Administration Act 2004 (other than Part 3 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.

State Sport Centres Act 1994

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