{"id":"caulfield-racecourse-reserve-act-2017","name":"Caulfield Racecourse Reserve Act 2017","slug":"caulfield-racecourse-reserve-act-2017","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173951,"registerId":"vic-caulfield-racecourse-reserve-act-2017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Caulfield Racecourse Reserve Act 2017","content":"Version No. 005\n\n**Caulfield Racecourse Reserve Act 2017**\n\n**No. 58 of 2017**\n\nVersion incorporating amendments as at  \n22 October 2025\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 2\n\n3 Definitions 2\n\n4 Filming Approval Act 2014 3\n\nPart 2—Caulfield Racecourse Reserve Trust 4\n\n5 Establishment of the Trust 4\n\n6 Functions and powers of the Trust 4\n\n7 Members of the Trust 5\n\n8 Terms and conditions of appointment to the Trust 5\n\n9 Resignation and removal of members of the Trust 6\n\n10 Vacancies in the membership of the Trust 6\n\n11 Acting members of the Trust 6\n\n12 Validity of decisions of the Trust 7\n\n13 Pecuniary and other interests of members of the Trust 7\n\n14 Membership of the Trust not an office of profit 8\n\n15 Meetings of the Trust 8\n\n16 Convening of meetings of the Trust 9\n\n17 Chief executive officer of the Trust 9\n\n18 Staff of the Trust 9\n\n19 Ministerial directions to the Trust 10\n\n20 Delegation by the Trust 10\n\n21 Trust is a public body 11\n\n22 Trust is a public entity 11\n\nPart 3—Planning and reporting obligations 12\n\n23 Corporate planning documents of the Trust 12\n\n24 Trust must notify the Minister of certain matters 12\n\n25 Statement of obligations 13\n\n26 Draft strategic management plan 14\n\n27 Publication of a draft strategic management plan 15\n\n28 Making and publication of a strategic management plan 15\n\n29 Amendment of a strategic management plan 16\n\n30 Review of a strategic management plan 16\n\n31 Annual report of the Trust 16\n\n32 Annual report of the Department 17\n\nPart 4—Management of the Reserve 18\n\n33 Land use orders 18\n\n34 Event declarations 18\n\n35 General management powers 21\n\n36 Power to determine and collect fees and charges 22\n\n37 Power to grant leases 23\n\n38 Power to grant licences 24\n\n39 Power to grant permits 25\n\nPart 5—Financial provisions 26\n\n40 Borrowing powers of the Trust 26\n\n41 Accounts in the name of the Trust 26\n\n42 Caulfield Racecourse Reserve Trust Fund 26\n\nPart 6—Enforcement and regulations 28\n\n43 Commencement of proceedings 28\n\n44 Regulations 28\n\nPart 7—Revocation of Crown grant—Caulfield Racecourse Reserve 30\n\n45 Revocation of Crown grant—Caulfield Racecourse Reserve land 30\n\n46 Dissolution of Caulfield Racecourse Reserve Trust 30\n\n47 Preservation of certain leases and related interests 31\n\n48 Reservation not affected 32\n\n50 Saving and transfer of certain leases 32\n\n51 Land vests in Trust on commencement of Part 2 33\n\n52 Registrar of Titles to make necessary amendments 34\n\nSchedule 1—Caulfield Racecourse Reserve 35\n\n═════════════\n\nEndnotes 37\n\n1 General information 37\n\n2 Table of Amendments 39\n\n3 Explanatory details 40\n\n**Version No.** **005**\n\n**Caulfield Racecourse Reserve Act 2017**\n\n**No. 58 of 2017**\n\nVersion incorporating amendments as at  \n22 October 2025\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe purposes of this Act are—\n\n(a) to establish a Trust to manage the Caulfield Racecourse Reserve for racing, recreation and public park purposes; and\n\n(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\n\n(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\n\n(d) to allow the Minister to appoint, suspend and remove members of the Trust; and\n\n(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\n\n(f) to provide for other related matters in relation to the management of the Caulfield Racecourse Reserve; and\n\n(g) to revoke a Crown grant and provide for the dissolution of the appointment of trustees under the grant; and\n\n(h) to make consequential amendments to other Acts.\n\n\t2 Commencement\n\n(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.\n\n(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\n(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.\n\n\t3 Definitions\n\nIn this Act—\n\n***Caulfield Racecourse Reserve event*** means an event to which an event declaration applies;\n\n***corporate planning document*** means—\n\n(a) a statement of corporate intent; or\n\n(b) a corporate plan; or\n\n(c) a business plan;\n\nS. 3 def. of *Council* amended by No. 9/2020 s. 390(Sch. 1 item 12).\n\n***Council***  has the same meaning as in the **Local Government Act 2020**;\n\n***event declaration*** means a declaration made under section 34;\n\n***film friendly principles*** has the same meaning as in the **Filming Approval Act 2014**;\n\n***film permit*** has the same meaning as in the **Filming Approval Act 2014**;\n\n***land use order*** means an order made under section 33;\n\n***local Council*** means the Council that governs the municipal district in which the Reserve is located;\n\nS. 3 def. of *municipal district* amended by No. 9/2020 s. 390(Sch. 1 item 12).\n\n***municipal district*** has the same meaning as in the **Local Government Act 2020**;\n\n***Reserve*** means the land described in items 1, 2 and 3 of Schedule 1, subject to any authorised additions, excisions or revocations;\n\n***setting aside determination*** means a determination under section 35(2);\n\n***strategic management plan*** means a strategic management plan made by the Trust under section 28;\n\n***Trust*** means the Caulfield Racecourse Reserve Trust established by section 5;\n\n***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**.\n\n\t4 Filming Approval Act 2014\n\nThis Act is filming approval legislation within the meaning of the **Filming Approval Act 2014**.\n\nPart 2—Caulfield Racecourse Reserve Trust\n\n\t5 Establishment of the Trust\n\n(1) The Caulfield Racecourse Reserve Trust is established.\n\n(2) The Trust—\n\n(a) is a body corporate with perpetual succession; and\n\n(b) has a common seal; and\n\n(c) may sue or be sued in its corporate name; and\n\n(d) is capable of acquiring, holding and disposing of real and personal property; and\n\n(e) is capable of doing or suffering anything which by law a body corporate may do or suffer.\n\n(3) The common seal must be kept as directed by the Trust and must not be used except as authorised by the Trust.\n\n(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.\n\n\t6 Functions and powers of the Trust\n\n(1) The Trust has the following functions—\n\n(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;\n\n(b) to undertake proper financial management of the Reserve;\n\n(c) to accept appointment and act as a committee of management of Crown land under the **Crown Land (Reserves) Act 1978**;\n\n(d) to perform any other function conferred on or given to the Trust by or under this Act or any other Act.\n\n(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**.\n\n(3) The Trust has all powers necessary to perform its functions and duties under this Act.\n\n\t7 Members of the Trust\n\n(1) The Trust consists of at least 5 but not more than 7 members appointed by the Minister.\n\n(2) The Minister must appoint one member of the Trust as chairperson of the Trust.\n\n(3) In making an appointment under this section, the Minister must consider—\n\n(a) a person's capacity to perform the functions of the Trust; and\n\n(b) any qualifications, skills or experience that the Minister considers relevant to the management of the Reserve.\n\n\t8 Terms and conditions of appointment to the Trust\n\n(1) A member of the Trust—\n\n(a) is appointed for a term, not exceeding 3 years, specified in the member's instrument of appointment; and\n\n(b) is eligible for reappointment; and\n\n(c) is otherwise subject to the terms and conditions specified in the instrument of appointment.\n\n(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.\n\n\t9 Resignation and removal of members of the Trust\n\n(1) A member of the Trust may resign in writing sent to the Minister.\n\n(2) The Minister may remove a member of the Trust at any time.\n\n\t10 Vacancies in the membership of the Trust\n\nThe office of a member of the Trust becomes vacant if—\n\n(a) the member becomes bankrupt; or\n\n(b) the member is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence; or\n\n(c) the member is absent from 3 consecutive meetings of the Trust without the prior leave of the Trust; or\n\n(d) the member resigns or is removed under section 9.\n\n\t11 Acting members of the Trust\n\n(1) The Minister may appoint a person to act as a member of the Trust if—\n\n(a) the office of a member of the Trust becomes vacant under section 9 or 10; or\n\n(b) a member of the Trust is unable to perform their duties because of illness or some other reason.\n\n(2) A person appointed as an acting member—\n\n(a) has the rights, powers and duties of the member for whom that person acts; and\n\n(b) is entitled to receive any remuneration, fees or allowances that are fixed from time to time for that member by the Minister.\n\n\t12 Validity of decisions of the Trust\n\nAn act or a decision of the Trust is not invalid merely because of—\n\n(a) a defect or irregularity in, or in connection with, the appointment of a member or acting member; or\n\n(b) a vacancy in the membership of the Trust; or\n\n(c) in the case of an acting member, the occasion for the member acting has not arisen.\n\n\t13 Pecuniary and other interests of members of the Trust\n\n(1) As soon as practicable after the relevant facts have come to a member's knowledge, a member must declare the nature of an interest at a meeting, if that member—\n\n(a) has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Trust; or\n\n(b) has an interest which would conflict with the proper performance of the member's duties in relation to a matter being considered or about to be considered by the Trust.\n\n(2) A person presiding at a meeting at which a declaration is made must make a record of the declaration in the minutes of the meeting.\n\n(3) After a declaration is made by a member under subsection (1)—\n\n(a) unless the Trust otherwise directs, the member must not be present during any deliberation with respect to that matter; and\n\n(b) the member is not entitled to vote on that matter.\n\n(4) Despite subsection (3), if a declaration is made by a member under this section and that member subsequently votes on a matter which is the subject of the declaration, the vote must be disallowed.\n\n\t14 Membership of the Trust not an office of profit\n\nA member of the Trust is not taken, by reason of being a member of the Trust, to hold an office or place of profit under the Crown which would prevent the member sitting, voting, being elected or continuing as a member of the Legislative Assembly or the Legislative Council.\n\n\t15 Meetings of the Trust\n\n(1) The chairperson must preside at a meeting of the Trust at which the chairperson is present.\n\n(2) If the chairperson is absent, the members present at the meeting must elect one of the members to preside at the meeting.\n\n(3) A majority of members for the time being constitutes a quorum of the Trust.\n\n(4) A question arising at a meeting must be determined by a majority of votes of members present and voting on that question.\n\n(5) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote.\n\n(6) The Trust may permit members to participate in a meeting by electronic means or any other means of communication.\n\n(7) Subject to this Act, the Trust may regulate its own proceedings.\n\n\t16 Convening of meetings of the Trust\n\n(1) The Trust must hold at least 4 meetings in any calendar year.\n\n(2) The chairperson must convene the meetings of the Trust.\n\n(3) The chairperson must convene a meeting of the Trust if the chairperson has received a written request from at least 2 members to hold a meeting.\n\n\t17 Chief executive officer of the Trust\n\n(1) The Trust may appoint a person as the chief executive officer of the Trust.\n\n(2) The function of the chief executive officer is to assist the Trust to perform its functions and duties and exercise its powers under this Act.\n\n(3) The chief executive officer has the power to do all things necessary to be done for, in connection with or incidental to, the performance of the chief executive officer's function.\n\n\t18 Staff of the Trust\n\n(1) The Trust may employ any employees that are necessary to enable the Trust to perform its functions and duties and exercise its powers under this Act.\n\n(2) The Trust may engage any consultants that it requires to perform its functions and duties and exercise its powers under this Act.\n\n(3) The terms and conditions of any appointment, employment or engagement are as determined by the Trust.\n\n\t19 Ministerial directions to the Trust\n\n(1) The Minister may give the Trust written directions in relation to the performance of its functions and duties and the exercise of its powers under this Act, including directions in relation to the expenditure of funds.\n\n(2) The Minister must give the Trust at least 14 days' written notice of the Minister's intention to give the Trust a direction under subsection (1).\n\n(3) The Trust must comply with a direction received under subsection (1).\n\n(4) The Trust must publish a direction—\n\n(a) in the Government Gazette within 14 days of receiving the direction; and\n\n(b) on its Internet site; and\n\n(c) in its annual report.\n\n(5) On request from the Minister, the Trust must give the Minister any information the Minister requires to assist the Minister to determine whether the Trust has complied with a direction.\n\n\t20 Delegation by the Trust\n\nThe Trust, by instrument, may delegate any function, duty or power of the Trust, other than this power of delegation, to—\n\n(a) one or more members of the Trust; or\n\n(b) the chief executive officer.\n\n\t21 Trust is a public body\n\nThe Trust is a public body to which Part 7 of the **Financial Management Act 1994** applies.\n\n\t22 Trust is a public entity\n\nThe Trust is a public entity within the meaning of the **Public Administration Act 2004**.\n\nPart 3—Planning and reporting obligations\n\n\t23 Corporate planning documents of the Trust\n\n(1) The Minister, in writing, may request the Trust to prepare a corporate planning document to provide to the Minister.\n\n(2) The Trust must prepare a corporate planning document if requested by the Minister.\n\n(3) A request under subsection (1) must—\n\n(a) specify the date by which the corporate planning document must be provided to the Minister; and\n\n(b) specify the information to be included in the corporate planning document and the form in which the information must be provided.\n\n(4) A corporate planning document may be amended at any time by the Trust with the approval of the Minister.\n\n(5) The Minister, in writing, may direct the Trust to amend a corporate planning document at any time by including or omitting any specified information.\n\n(6) The Trust must comply with a direction under subsection (5).\n\n\t24 Trust must notify the Minister of certain matters\n\nIf the Trust considers that matters have arisen that may prevent or significantly affect the achievement of the objectives of a corporate planning document, the Trust must notify the Minister.\n\n\t25 Statement of obligations\n\n(1) The Minister may issue a statement of obligations to the Trust specifying obligations of the Trust in performing its functions and duties and exercising its powers.\n\n(2) The Trust must comply with a statement of obligations issued to the Trust under subsection (1).\n\n(3) The Minister may amend, vary or revoke a statement of obligations issued to the Trust.\n\n(4) Before issuing a statement of obligations to the Trust, or amending, varying or revoking a statement of obligations, the Minister must give the Trust written notice of the proposed statement, amendment, variation or revocation.\n\n(5) A written notice under subsection (4) must include a statement that the Trust may make a written submission to the Minister, and the date by which the submission must be received by the Minister, being at least 28 days after the notice is given.\n\n(6) After issuing a statement of obligations, or amending, varying or revoking a statement of obligations, the Minister must ensure that notice of the statement, amendment, variation or revocation is published in the Government Gazette.\n\n(7) A statement of obligations or amendment, variation or revocation of a statement of obligations takes effect on—\n\n(a) the date that notice of it is published in the Government Gazette; or\n\n(b) any later date specified in the notice.\n\n(8) The Trust must publish notice of a statement of obligations or amendment, variation or revocation of a statement of obligations on the Internet site of the Trust within 14 days of publication of the notice in the Government Gazette.\n\n(9) The Trust's annual report under section 31 must include a statement as to how the Trust has complied with any statement of obligations issued to the Trust by the Minister.\n\n\t26 Draft strategic management plan\n\n(1) The Trust must prepare a draft strategic management plan for the Reserve.\n\n(2) A draft strategic management plan must include—\n\n(a) a statement of the strategic objectives and directions for the promotion, management, use and development of the Reserve; and\n\n(b) a long-term plan for the Reserve that sets out a clear direction for the future promotion, management, use and development of the Reserve in a manner that is consistent with the objectives of this Act and the purposes for which the land is reserved.\n\n(3) In preparing a draft strategic management plan, the Trust must consult with—\n\n(a) the Minister; and\n\n(b) the Minister responsible for administering the **Racing Act 1958**; and\n\n(c) the local Council; and\n\n(d) the holders of any lease or licence over the Reserve; and\n\n(e) any other persons or bodies that the Trust considers are likely to be affected by the plan.\n\n\t27 Publication of a draft strategic management plan\n\n(1) The Trust must publish on its Internet site—\n\n(a) a draft strategic management plan; and\n\n(b) a statement that any person may make a written submission to the Trust in respect of the draft plan; and\n\n(c) the date by which a submission must be received by the Trust, being at least 28 days after publication of the draft plan.\n\n(2) In addition to subsection (1), the Trust must publish in a newspaper circulating in the municipal district of the local Council and in a newspaper circulating throughout the State—\n\n(a) details as to where a copy of the draft strategic management plan may be obtained; and\n\n(b) a statement that any person may make a written submission to the Trust in respect of the draft plan; and\n\n(c) the date by which a submission must be received by the Trust, being at least 28 days after publication of the draft plan.\n\n\t28 Making and publication of a strategic management plan\n\n(1) After considering any written submissions in relation to a draft strategic management plan, the Trust may make a strategic management plan.\n\n(2) The Trust must publish a strategic management plan on its Internet site as soon as practicable after making the plan.\n\n\t29 Amendment of a strategic management plan\n\n(1) The Trust may amend a strategic management plan at any time.\n\n(2) The Trust must publish an up-to-date consolidated version of a strategic management plan on its Internet site as soon as practicable after amending the plan.\n\n(3) Sections 26, 27 and 28 apply to the amendment of a strategic management plan (other than a minor, technical amendment) as if the amendment were a draft strategic management plan.\n\n\t30 Review of a strategic management plan\n\n(1) Subject to subsection (2), the Trust may undertake a review of a strategic management plan at any time, but at least every 10 years after the making of the plan.\n\n(2) The Minister may direct the Trust to undertake a review of a strategic management plan at any time and the Trust must undertake that review.\n\n\t31 Annual report of the Trust\n\n(1) The Trust must prepare an annual report of operations for each financial year under Part 7 of the **Financial Management Act 1994**.\n\n(2) The Trust is required to table an annual report despite section 46(2) of the **Financial Management Act 1994**.\n\n(3) The Trust must include in its annual report details regarding the use of the Caulfield Racecourse Reserve for the purposes of recreation and for public park purposes during the preceding financial year.\n\nS. 32 amended by No. 41/2025 s. 4(Sch. 2 item 3).\n\n\t32 Annual report of the Department\n\nThe Department of Energy, Environment and Climate Action must include in its annual report of operations for each financial year, details regarding the use of the Caulfield Racecourse Reserve for the purposes of recreation and for public park purposes during that year.\n\nPart 4—Management of the Reserve\n\n\t33 Land use orders\n\n(1) On receiving a plan of survey signed by the Surveyor-General of the whole or any part of the Reserve, or that land as nearly as practicable, the Minister may make an order specifying that the whole or part of the Reserve may be used for one or more of the following purposes—\n\n(a) racing purposes;\n\n(b) recreation purposes;\n\n(c) public park purposes.\n\n(2) An order under subsection (1) must be published in the Government Gazette.\n\n(3) An order must include a copy of the plan of survey specifying the land to which the order applies.\n\n(4) An order takes effect on—\n\n(a) the date that it is published in the Government Gazette; or\n\n(b) any later day specified in the order.\n\n(5) The making of an order is not intended to—\n\n(a) revoke or affect in any other way the legal status of any reservation of land that is subject to the order; or\n\n(b) affect the status or continuity of any lease, licence or other agreement in relation to that land.\n\n\t34 Event declarations\n\n(1) The Trust, by notice published in the Government Gazette, may declare an event to be held at the Reserve a Caulfield Racecourse Reserve event.\n\n(2) The Trust, by notice published in the Government Gazette, must make an event declaration if the Trust receives a request from the Victoria Amateur Turf Club (incorporating Melbourne Racing Club) for an event declaration to be made because dates and times for horse race-meetings have been fixed by Racing Victoria (within the meaning of the **Racing Act 1958**) to be conducted by the Club at the Caulfield Racecourse Reserve.\n\n(3) If the Minister and the Minister administering the **Racing Act 1958** are satisfied that there are exceptional circumstances that require an event in an event declaration made under subsection (2) to be cancelled or transferred to another venue, the Trust, on request of those Ministers, must vary that event declaration.\n\n(4) The Trust must publish an event declaration variation made under subsection (3) in the Government Gazette at least one day before the Caulfield Racecourse Reserve event to which it applies.\n\n(5) The Trust must not make an event declaration, other than an event declaration referred to in subsection (2), unless the Trust is satisfied that—\n\n(a) the purpose of the proposed event is not detrimental to the purposes for which the land is reserved; and\n\n(b) the making of the declaration is in the public interest.\n\n(6) An event declaration must include the following information—\n\n(a) the title of the Caulfield Racecourse Reserve event and a short description of it;\n\n(b) the dates and times during which the Caulfield Racecourse Reserve event is to take place;\n\n(c) the part of the Reserve to which the declaration applies, described in writing or by way of map or other document;\n\n(d) the name of the person or body who takes control of the part of the Reserve to which the declaration applies;\n\n(e) any regulations made under this Act that are suspended during the Caulfield Racecourse Reserve event;\n\n(f) specification of any event fees to be imposed or collected for the Caulfield Racecourse Reserve event;\n\n(g) any other prescribed information.\n\n(7) The Trust may grant a permit under section 39 in respect of any part of the Reserve for the purposes of a Caulfield Racecourse Reserve event.\n\n(8) Any regulations made under this Act applying to the part of the Reserve to which an event declaration applies continue to apply during a Caulfield Racecourse Reserve event, unless the event declaration provides for the suspension of those regulations.\n\n(9) Subject to subsections (10) and (11)—\n\n(a) an event declaration made under subsection (2) must be published at least 7 days before the first race day that is a Caulfield Racecourse Reserve event; and\n\n(b) any other event declaration must be published at least 7 days before the Caulfield Racecourse Reserve event to which it applies.\n\n(10) The Trust may make an urgent event declaration, other than an event declaration referred to in subsection (2), if—\n\n(a) there are exceptional circumstances that require the event declaration to be made at short notice; and\n\nS. 34(10)(b) amended by No. 41/2025 s. 3(Sch. 1 item 7).\n\n(b) the Minister and the Minister administering the **Racing Act 1958** are satisfied that the urgent event declaration must be made.\n\n(11) The Trust must publish an event declaration made under subsection (10) in the Government Gazette at least one day before the Caulfield Racecourse Reserve event to which it applies.\n\n\t35 General management powers\n\n(1) The Trust is responsible for the management of the Reserve.\n\n(2) Without limiting subsection (1), the Trust, by determination published in the Government Gazette, may set aside an area of the Reserve for the purposes of planning, development, management, care or use of the Reserve.\n\n(3) A setting aside determination—\n\n(a) may apply—\n\n(i) at all times or specified times;\n\n(ii) to all circumstances or to specified circumstances;\n\n(iii) to all persons or to any class or classes of persons; and\n\n(b) must specify the period for which the determination is in operation, not exceeding 3 years; and\n\n(c) may provide that a specified activity or class of specified activity is permitted, prohibited or restricted in the area; and\n\n(d) may provide that all access to an area is prohibited or restricted; and\n\n(e) may confer a discretionary authority on, or impose a specified duty on, a specified person or class of person.\n\n(4) If regulations made under this Act applying to the Reserve or an area of the Reserve are inconsistent with a setting aside determination for an area of the Reserve, those regulations do not apply to the area for the period that the setting aside determination is in operation.\n\n(5) A setting aside determination comes into operation on—\n\n(a) the date that it is published in the Government Gazette; or\n\n(b) any later date specified in the determination.\n\n(6) A person must not contravene a setting aside determination.\n\nPenalty: 10 penalty units.\n\n\t36 Power to determine and collect fees and charges\n\n(1) Subject to subsection (2), the Trust by determination published in the Government Gazette, may determine and collect fees and charges for entry into the Reserve.\n\n(2) A fee or charge cannot be determined or collected for entry into any part of the Reserve used for the purposes of a public park.\n\n(3) The power to determine fees and charges may be exercised by providing for different fees and charges for different activities and different classes of people, including the waiver of fees and charges.\n\n(4) A determination under subsection (1) comes into operation on—\n\n(a) the date that it is published in the Government Gazette; or\n\n(b) any later date specified in the determination.\n\n(5) This section applies despite anything to the contrary in the **Crown Land (Reserves) Act 1978**.\n\n\t37 Power to grant leases\n\n(1) The Trust, with the approval of the Minister, may grant a lease of the whole or any part of the Reserve.\n\n(2) The Minister must not approve the granting of a lease under subsection (1) unless the Minister is satisfied that—\n\n(a) the purpose of the lease is not detrimental to the purposes for which the land is reserved; and\n\n(b) the granting of the lease is in the public interest.\n\n(3) Subject to subsection (4), a lease may be granted for a term not exceeding 65 years.\n\n(4) In the case of a lease for a period exceeding 21 years, the Minister, in addition to the requirements set out in subsection (2), must be satisfied that the proposed use, development, improvements or works that may be carried out under the lease are of a substantial nature and of a value which justifies a longer term lease.\n\n(5) Provided that the aggregate of the original term and the further term or terms must not exceed the maximum term for which the lease may be granted under this section, a lease may contain—\n\n(a) options for the lessee to renew the lease for a further term; and\n\n(b) provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease.\n\n(6) A lease granted by the Trust may be subject to any covenants, exceptions, reservations and conditions that are determined by the Trust and approved by the Minister.\n\n(7) This section applies despite anything to the contrary in the **Crown Land (Reserves) Act 1978** and the **Land Act 1958**.\n\n\t38 Power to grant licences\n\n(1) The Trust may grant a licence to enter and use the whole or any part of the Reserve.\n\n(2) The Trust must not grant a licence under subsection (1) unless the Trust considers that—\n\n(a) the purpose of the licence is not detrimental to the purposes for which the land is reserved; and\n\n(b) the granting of the licence is in the public interest.\n\n(3) A licence may be granted for a period not exceeding 3 years or, with the approval of the Minister, a period not exceeding 10 years.\n\n(4) This section applies despite anything to the contrary in the **Crown Land (Reserves) Act 1978** and the **Land Act 1958**.\n\n\t39 Power to grant permits\n\n(1) Subject to subsections (2) and (3), the Trust may grant a permit over the whole or any part of the Reserve—\n\n(a) in relation to, or for the purpose of, a Caulfield Racecourse Reserve event; or\n\n(b) for any other purpose.\n\n(2) The Trust must not grant a permit in relation to, or for the purpose of, a Caulfield Racecourse Reserve event unless the Trust considers that—\n\n(a) the purpose of the permit is not detrimental to the purposes for which the land is reserved; and\n\n(b) the granting of the permit is in the public interest.\n\n(3) The Trust must not grant a permit for any other purpose unless the Trust considers that the purpose of the permit is not detrimental to the purposes for which the land is reserved.\n\n(4) A permit may be granted for a period not exceeding 6 months.\n\n(5) This section applies despite anything to the contrary in the **Crown Land (Reserves) Act 1978** and the **Land Act 1958**.\n\nPart 5—Financial provisions\n\n\t40 Borrowing powers of the Trust\n\nThe Trust may obtain financial accommodation subject to and in accordance with the powers conferred on it under the **Borrowing and Investment Powers Act 1987**.\n\n\t41 Accounts in the name of the Trust\n\nThe Trust may open and maintain one or more accounts in the name of the Trust with any ADI.\n\n\t42 Caulfield Racecourse Reserve Trust Fund\n\n(1) The Trust must establish and maintain a fund called the Caulfield Racecourse Reserve Trust Fund.\n\n(2) There must be paid into the Caulfield Racecourse Reserve Trust Fund—\n\n(a) all money received by or paid to the Trust in respect of the Reserve; and\n\n(b) all money required or authorised by or under this Act or any other Act to be paid into the Caulfield Racecourse Reserve Trust Fund; and\n\n(c) any income received by the Trust from the investment of moneys in the Caulfield Racecourse Reserve Trust Fund.\n\n(3) There may be paid out of the Caulfield Racecourse Reserve Trust Fund—\n\n(a) in payment or discharge of the debts and liabilities of the Trust in, or in connection with, the performance of the functions and exercise of the powers of the Trust in respect of the Reserve; or\n\n(b) in payment of the costs of the management of the Reserve or the provision of services on that land; or\n\n(c) in payment of any other amount that is authorised or required to be paid out of the Caulfield Racecourse Reserve Trust Fund under this Act.\n\nPart 6—Enforcement and regulations\n\n\t43 Commencement of proceedings\n\nAny civil proceeding under this Act or the regulations may be commenced by—\n\n(a) the Trust or a person authorised by the Trust; or\n\n(b) the chief executive officer or a person authorised by the chief executive officer.\n\n\t44 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) the planning, development, management, care and use of the Reserve;\n\n(b) the prohibition or regulation of any activity on the Reserve;\n\n(c) the protection of persons on the Reserve;\n\n(d) the removal of any structures or other works which do not comply with the requirements of the Trust or in respect of which a lease, licence or permit has expired or has been cancelled;\n\n(e) the exclusion or expulsion of persons found contravening the regulations from the Reserve;\n\n(f) prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations—\n\n(a) may be of general or limited application;\n\n(b) may differ according to differences in time, place or circumstance;\n\n(c) may confer a discretionary authority or impose a duty on a specified person or class of persons;\n\n(d) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.\n\n(3) Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.\n\nPart 7—Revocation of Crown grant—Caulfield Racecourse Reserve\n\n\t45 Revocation of Crown grant—Caulfield Racecourse Reserve land\n\nCrown Grant Volume 7275 Folio 814 is revoked.\n\n\t46 Dissolution of Caulfield Racecourse Reserve Trust\n\nSubject to this Part, on the revocation of the Crown grant by section 45—\n\n(a) the Caulfield Racecourse Reserve Trust is dissolved and the persons appointed or holding office as trustees go out of office; and\n\n(b) the land to which the Crown grant applied, is divested from the dissolved Trust and is vested in the Minister administering the **Crown Land (Reserves) Act 1978** to be managed under that Act until Part 2 of this Act commences; and\n\n(c) all rights, property and assets that, immediately before that revocation, were vested in the dissolved Trust are vested, by virtue of this section, in the Minister referred to in paragraph (b); and\n\n(d) all debts, liabilities and obligations of the dissolved Trust existing immediately before that revocation become debts, liabilities and obligations of the Minister referred to in paragraph (b); and\n\n(e) the Minister referred to in paragraph (b) is substituted as a party to any proceeding pending in any court or tribunal to which the dissolved Trust was a party immediately before that revocation; and\n\n(f) the Minister referred to in paragraph (b) is to hold any funds of the dissolved Trust during the period of management pending the commencement of Part 2.\n\n\t47 Preservation of certain leases and related interests\n\n(1) Nothing done by this Part affects the status or continuity of—\n\n(a) the lease over land in the Crown grant, in force immediately before the revocation of the Crown grant, entered into by the trustees of the Caulfield Racecourse Reserve with the Victoria Amateur Turf Club trading as the Melbourne Racing Club and commencing on 23 April 2008 in relation to the premises known as the Neerim Road Stables, including any sublease, licence, agreement or other interest arising under that lease; or\n\n(b) the lease over land in the Crown grant, in force immediately before the revocation of the Crown grant, entered into by the trustees of the Caulfield Racecourse Reserve with the Victoria Amateur Turf Club and commencing on 1 April 1998 in relation to the premises known as the Western Stables, including any sublease, licence, agreement or other interest arising under that lease.\n\n(2) A lease referred to in subsection (1) has effect from the revocation of the Crown grant until the commencement of Part 2—\n\n(a) as a lease between the Minister administering the **Crown Land (Reserves) Act 1978** as lessor and the lessee for the time being under the lease, as if it had been assigned to the Minister administering the **Crown Land (Reserves) Act 1978**; and\n\n(b) as if the lease referred to that Minister instead of the trustees of the Caulfield Racecourse Reserve.\n\n(3) Nothing done by virtue of this Part—\n\n(a) is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a lease referred to in subsection (1) including any provision prohibiting, restricting or regulating the assignment of the lease; or\n\n(b) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or\n\n(c) releases any surety or other obligor wholly or in part from any obligation.\n\n\t48 Reservation not affected\n\nNothing in this Part affects the status or continuity of the permanent reservation of the Reserve by the Orders in Council specified in items 1, 2 and 3 of Schedule 1.\n\nS. 49 repealed by No. 58/2017 s. 49(7).\n\n* * * * *\n\n\t50 Saving and transfer of certain leases\n\n(1) On and from the commencement of Part 2, any lease referred to in section 47(1) or entered into under section 48 has effect—\n\n(a) as a lease between the Trust established under section 5 as lessor and the lessee for the time being under the lease, as if it had been assigned to the Trust; and\n\n(b) as if the lease referred to the Trust instead of the Minister administering the **Crown Land (Reserves) Act 1978**.\n\n(2) Nothing done by virtue of this section—\n\n(a) is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a lease referred to in subsection (1) including any provision prohibiting, restricting or regulating the assignment of the lease; or\n\n(b) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or\n\n(c) releases any surety or other obligor wholly or in part from any obligation.\n\n\t51 Land vests in Trust on commencement of Part 2\n\nOn the commencement of Part 2—\n\n(a) the land referred to in section 46(b) is divested from the Minister administering the **Crown Land (Reserves) Act 1978** and vests in the Trust established by section 5 and becomes part of the Reserve; and\n\n(b) all rights, property and assets that, immediately before that commencement, were vested in the Minister referred to in paragraph (a) are vested, by virtue of this section, in the Trust; and\n\n(c) all debts, liabilities and obligations of the Minister referred to in paragraph (a) existing immediately before that commencement become debts, liabilities and obligations of the Trust; and\n\n(d) the Trust is substituted as a party to any proceeding pending in any court or tribunal to which the Minister referred to in paragraph (a) was a party immediately before that commencement; and\n\n(e) any funds held by the Minister referred to in paragraph (a) under section 46(f) are transferred to the Trust.\n\n\t52 Registrar of Titles to make necessary amendments\n\nThe Registrar of Titles must make any recordings in or amendments to the Register kept under the **Transfer of Land Act 1958** that are necessary because of the operation of any provision of this Part.\n\nPt 8 (Heading and ss 53–56) repealed by No. 58/2017 s. 56.\n\n* * * * *\n\nSchedule 1—Caulfield Racecourse Reserve\n\n**Item 1**\n\n| Situation of land: | Crown Allotment A, Parish of Prahran at Caulfield, County of Bourke. |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 6 October 1879, published in the Government Gazette on 10 October 1879 at page 2436. |\n| Description of land by reference to Government Gazette: | Government Gazette dated 5 September 1879 at page 2436. |\n| Purpose of reservation: | Site for Racing, Recreation, and Public Park purposes. |\n\n\n**Item 2**\n\n| Situation of land: | Crown Allotment A, Parish of Prahran at Caulfield, County of Bourke. |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 30 January 1884, published in the Government Gazette on 8 February 1884 at page 489. |\n| Description of land by reference to Government Gazette: | Government Gazette dated 4 January 1884 at page 9. |\n| Purpose of reservation: | Site for Racing, Recreation, and Public Park purposes. |\n\n\n**Item 3**\n\n| Situation of land: | Crown Allotment A, Parish of Prahran at Caulfield, County of Bourke. |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 15 July 1930, published in the Government Gazette on 23 July 1930 at page 1974. |\n| Description of land by reference to Government Gazette: | Government Gazette dated 23 July 1930 at page 1974. |\n| Purpose of reservation: | Site for Racing, Recreation, and Public Park purposes. |\n\n\n ═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 24 August 2017*\n\n*Legislative Council: 21 September 2017*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to establish a Trust to manage the Caulfield Racecourse Reserve for racing, recreation and public park purposes, to provide for related matters and to make consequential amendments to other Acts and for other purposes.\"\n\nThe **Caulfield Racecourse Reserve Act 2017** was assented to on 22 November 2017 and came into operation as follows:\n\nParts 1 (sections 1‒4), 7 (sections 45‒52), Schedule 1 on 23 November 2017: section 2(1); Parts 2–6 (sections 5–44), 8 (sections 53–56) on 1 August 2018: section 2(3).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Caulfield Racecourse Reserve Act 2017** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Caulfield Racecourse Reserve Act 2017, No. 58/2017**\n\n| Assent Date: | 22.11.17 |\n| --- | --- |\n| Commencement Date: | S. 49(7) on 23.11.17: s. 2(1); s. 56 on 1.8.18: s. 2(3) |\n| Note: | S. 49(7) repealed s. 49 on 1.8.18; s. 56 repealed Pt 8 (ss 53–56) on 1.8.19 |\n| Current State: | This information relates only to the provision/s amending the **Caulfield Racecourse Reserve Act 2017** |\n\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| --- | --- |\n| Commencement Date: | S. 390(Sch. 1 item 12) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Caulfield Racecourse Reserve Act 2017** |\n\n\n**Statute Law Revision Act 2025, No. 41/2025**\n\n| Assent Date: | 21.10.25 |\n| --- | --- |\n| Commencement Date: | Ss 3(Sch. 1 item 7), 4(Sch. 2 item 3) on 22.10.25: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Caulfield Racecourse Reserve Act 2017** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing a statutory trust to manage the Caulfield Racecourse Reserve for racing, recreation and public park purposes. The 2020 and 2025 amendments were minor housekeeping updates—updating references from the Local Government Act 1989 to the 2020 Act, and updating department names in reporting obligations. No expansion of substantive powers or purposes has occurred."},"complexity_factors":["Multiple overlapping instruments: The Act interacts with at least 6 other Acts (Crown Land (Reserves) Act 1978, Racing Act 1958, Financial Management Act 1994, Public Administration Act 2004, Borrowing and Investment Powers Act 1987, Filming Approval Act 2014, Local Government Act 2020)","Two-phase commencement structure: Part 7 (revocation of Crown grant) commenced immediately, while Parts 2-6 (Trust operations) commenced later, creating interim management by the Minister","Detailed transitional provisions in Part 7 preserving specific existing leases (Neerim Road Stables and Western Stables) and ensuring continuity of subleases and agreements","Multiple approval layers: Ministerial approval required for leases over 21 years, strategic plan amendments, and certain event declarations involving two Ministers","Conditional powers: Event declarations have different procedural requirements depending on whether they are routine (7 days notice), urgent (1 day notice), or racing-related (mandatory upon request)","Nested exceptions: Section 36(2) creates an exception to the fee-setting power (no fees for public park access), and section 35(4) creates regulatory overrides for setting aside determinations"],"plain_english_summary":"This Act creates a new government body called the **Caulfield Racecourse Reserve Trust** to manage the Caulfield Racecourse Reserve—a large parcel of Crown land in Melbourne permanently reserved for **racing, recreation, and public park purposes**.\n\n**What the Trust does:**\n- Plans, develops, and operates the Reserve for horse racing, community recreation, and as a public park\n- Can grant **leases** (up to 65 years), **licences** (up to 10 years), and **permits** (up to 6 months) for using the land\n- Collects fees for entry and events (but cannot charge for public park access)\n- Must prepare long-term strategic management plans and consult with the local council, racing bodies, and the community\n\n**Who controls it:**\n- The Trust has 5–7 members appointed by the Minister\n- The Minister can give directions to the Trust, including on spending, and must approve leases longer than 21 years\n- The Trust must publish annual reports and comply with government financial management rules\n\n**Key mechanisms:**\n- **Land use orders**: The Minister can formally designate which parts of the Reserve are used for racing, recreation, or public park purposes\n- **Event declarations**: The Trust can declare specific events (like race meetings) and temporarily suspend normal regulations during those events\n- **Setting aside determinations**: The Trust can temporarily restrict access to certain areas for up to 3 years for maintenance or development\n\n**Transition arrangements:**\n- The Act revokes an old Crown grant and dissolves the previous trustees\n- Existing leases with the Melbourne Racing Club (for stables) are preserved and transferred to the new Trust\n- The land vests in the new Trust once Part 2 of the Act commences\n\n**Why it matters:**\nThis legislation modernises the governance of a significant Melbourne sporting and recreational asset, balancing commercial racing interests with public access to parkland. It ensures government oversight while giving the Trust flexibility to manage events, generate revenue, and maintain the grounds."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument as presented remains faithful to the Act’s core purpose: establishing a Trust to manage the Caulfield Racecourse Reserve for racing, recreation and public park purposes and to provide the Trust with leasing, licensing, event and planning powers (s1, ss5–6, 33–39). Amendments incorporated to 22 October 2025 appear to be largely technical or procedural: updates to definitions to align with the Local Government Act 2020 (s3), and small procedural changes recorded from the Statute Law Revision Act 2025 (e.g. amendments to timing/approval requirements in the event‑declaration procedure and a minor change to departmental reporting) rather than an expansion of the Trust’s substantive powers. No provision in the incorporated amendments materially extends the Act beyond its original scope of creating the Trust and conferring management, leasing/licensing and planning functions over the Reserve."},"complexity_factors":["Comprehensive structure across 7 substantive Parts plus Schedule 1 (establishment, planning, management, finance, enforcement, land transfer) increasing cross‑part navigation","Approximately 14 defined terms in the interpretation section with cross‑references to other Acts (s3: e.g. event declaration, Reserve, Trust, Council, film permit, etc.)","Multiple cross‑references to at least 10 external Acts (Crown Land (Reserves) Act 1978; Racing Act 1958; Filming Approval Act 2014; Financial Management Act 1994; Public Administration Act 2004; Land Act 1958; Transfer of Land Act 1958; Borrowing and Investment Powers Act 1987; Local Government Act 2020), requiring readers to consult those texts for full effect","Layered ministerial and Trust discretion: Ministerial appointment/removal/directions and Trust delegation powers create nested decision paths (ss7,9,19,20)","Conditional approvals and nested tests for key powers (e.g. leases up to 65 years but leases >21 years require additional Ministerial satisfaction about substantial nature/value) (s37(3)–(4))","Publication and consultation requirements with variable timing (Government Gazette, internet publication, newspapers, minimum submission periods) across strategic planning, event declarations and Ministerial directions (ss19,26–28,34)","Setting‑aside determinations with multiple dimensions (time, classes of persons, permitted/prohibited activities), and partial suspension of inconsistent regulations (s35)","Transition provisions in Part 7 that revoke an earlier Crown grant and vest land in stages (ss45–52) with specific savings for existing leases (ss47–50)","Penalties and regulatory rule‑making powers with delegated discretions and different maximum penalty units for regulations vs setting‑aside contraventions (s35 penalty; s44(2)(d))","Statute updates visible in version history (amendments by Local Government Act 2020 and Statute Law Revision Act 2025), implying ongoing interpretive adjustments"],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes a statutory body called the Caulfield Racecourse Reserve Trust to manage the Caulfield Racecourse Reserve (s5–6).\n- Gives the Trust corporate status and typical powers of a corporation (hold property, sue/be sued, common seal) (s5(2)).\n- Gives the Trust broad land-management powers: it can set aside areas, make event declarations, grant permits, licences and leases, fix entry fees (with a specific exception for public-park areas), and borrow and hold funds in a dedicated Trust fund (ss33–41, 42).\n- Requires the Trust to prepare and publish planning documents (strategic management plan, corporate plans), consult and accept public submissions on its strategic plan, and produce annual reports (ss23–31).\n- Makes the Trust a public body and public entity subject to the Financial Management Act 1994 and Public Administration Act 2004 (ss21–22).\n- Gives the Minister powers to appoint, remove and direct Trust members, to issue statements of obligations, and to approve some Trust actions (notably leases and longer licences) (ss7–9, 19, 25, 37).\n- Revokes an existing Crown grant and provides for a transition of the land from the existing trustees to the Minister and then to the new Trust, while preserving certain existing leases (Part 7, ss45–52).\n- Treats film activity as regulated under the Filming Approval Act 2014 and requires any film‑related regulations to be consistent with film‑friendly principles (s4, s44(3)).\n\n**Who it affects\n\n- The Trust and its members (board governance, appointments, duties) (ss5–20).\n- The Victoria Amateur Turf Club (incorporating Melbourne Racing Club): the Act gives the Club a specific role in event declarations for race dates fixed by Racing Victoria (s3 definition; s34(2)).\n- Current lessees and licence-holders on the Reserve (existing stable leases are preserved and automatically treated as between the Trust and those lessees on transfer) (ss47–51).\n- Commercial users, event operators and potential lessees/licensees who may apply for permits, licences or long leases (ss36–39, 37).\n- The general public using the Reserve for recreation and as a public park (planning and reporting obligations require reporting on recreational use; fee power is explicitly limited for public-park areas) (ss31–32, 36(2)).\n- The Minister and the Minister responsible for the Racing Act, who have approval and direction powers over certain Trust actions (ss19, 37(2), 34(3)).\n- Local government (the local Council must be consulted for the strategic management plan) (s26).\n\n**Why it matters (stated purpose, then practical implications)\n\nStated purpose: the Act says it exists to create a Trust to manage the Reserve for racing, recreation and public park purposes, to give that Trust powers including leasing/licensing, to allow Ministerial oversight, and to provide transition from the prior Crown grant (s1).\n\nPractical implications and the trade-offs they create:\n\n- Transfer of operational control to a specialist statutory Trust centralises decision-making about use, development and commercialisation of the Reserve (s5–6). That concentrates decision authority in the Trust and in the Minister who appoints and can direct the Trust (ss7,19). This changes who decides how the land is used.\n\n- The Trust can grant long commercial leases (up to 65 years) with Ministerial approval (s37). Long leases enable large private investment in site improvements but also lock in land use and can limit future competition or alternative public uses unless lease terms are tightly constrained (s37(3)–(4)).\n\n- The Trust can set and collect entry fees for parts of the Reserve (but not for areas used as a public park) and vary fees by activity and class of person (s36). That creates a revenue stream to run the Reserve (s42) but also the possibility of fees reducing casual public access outside formally reserved public‑park areas (s36(2)–(3)).\n\n- The Trust can create temporary or time‑limited restrictions on access and uses by publishing setting‑aside determinations that can prohibit or restrict access, suspend inconsistent regulations and impose duties (s35). This gives operational flexibility (events, maintenance) but also gives the Trust the legal power to exclude people or activities for up to 3 years per determination (s35(2)(b)).\n\n- Event declarations let the Trust designate parts of the Reserve for specific events, including the power to suspend some regulations and to impose event fees (s34(1), (6)(e)–(f)). For race meeting dates fixed by Racing Victoria, the Trust must make those declarations when requested by the racing Club (s34(2)). Urgent event declarations are possible but require Ministerial sign‑off (s34(10)).\n\n- Ministerial oversight mechanisms: the Minister may issue statements of obligations, require corporate planning documents, direct amendments, require reviews and must approve some actions such as long leases (ss23–26, 37, 19). Those controls provide public‑sector checks but also concentrate discretion in the Minister (and in practice political or policy priorities may influence decisions).\n\n- Existing rights and leases are preserved during transition (Parts 7 and 50) so current lessees (for example the stables) keep continuity of occupation and contractual relationships (ss47–50). That reduces immediate legal and commercial disruption on transfer.\n\n**Who pays; who decides; what behaviour changes\n\n- Who pays: event operators, commercial lessees and other users who receive permits/licences may pay fees or charges set by the Trust; the public may face entry fees for non‑public‑park parts of the Reserve (s36). The Trust’s costs are met from the Trust Fund, which holds revenue from fees, leases and other receipts (s42).\n- Who decides: the Trust makes most operational decisions (s6); the Minister appoints and can remove members and give written directions (ss7,9,19); Ministerial approval is required for some matters (notably long leases) (s37(1)).\n- Behaviour changes likely to follow: private parties will be incentivised to seek leases/licences for commercial use and investment; event organisers will engage with the Trust for event declarations and permits; general public users may shift use patterns if fees or access restrictions are introduced (ss36–39, 34–35).\n\n**Compliance burden, discretion and implementation risks\n\n- Compliance and reporting: the Trust must prepare corporate planning documents on request, publish and consult on strategic management plans, maintain annual reports, and publish Ministerial directions and statements of obligations—administrative tasks that carry staffing and information costs (ss23–31, 19, 25).\n- Discretion: the Act grants wide discretionary powers to the Trust (delegations, fees, leasing, licences, setting aside areas) and to the Minister (directing the Trust, approving leases, issuing statements of obligations) (ss20,36–39,19,25,37). Where discretion is broad, outcomes depend on how that discretion is exercised in practice.\n- Implementation risks: a shift from the previous trustee arrangement to a statutory Trust involves legal transfers of land and assets (ss45–52). The Act preserves existing leases to reduce legal risk (ss47–50). Operational risks include potential conflicts between commercial uses (racing events and private lessees) and public access goals—management will rely on strategic planning and Ministerial oversight (ss26–31, 25).\n\n**Market‑effects lens (brief)\n\n- Private enterprise & investment: the ability to grant long leases and licences is likely to encourage private investment in facilities (s37). That is a direct channel for private capital.\n- Competition & contract freedom: the Trust’s control over licensing and leasing terms gives it gatekeeping power; contracting freedom for private parties remains, but the Trust and Minister controls may shape the terms and availability of opportunities (ss37–39).\n- Prices & access: the Trust’s fee power (s36) can affect price signals for use; the statutory prohibition on charging for public‑park parts protects some free public access (s36(2)).\n- Ownership & consolidation: long leases can create durable private control over parts of the Reserve without transferring freehold title (s37).\n\n**Section references for principal mechanics and constraints**\n- Establish Trust, powers: ss5–6\n- Members, appointments, removal: ss7–11\n- Ministerial directions and statements of obligations: ss19,25\n- Strategic plan, consultation and publication: ss26–30\n- Fees and exception for public park areas: s36(1)–(2)\n- Leases, terms and Ministerial approval: s37\n- Licences and permits: ss38–39\n- Setting‑aside determinations and access restrictions: s35\n- Event declarations and racing Club role: s34 (and s3 definition)\n- Trust Fund and financials: s42\n- Transition from previous Crown grant and preservation of existing leases: Part 7 (ss45–52)\n\n(Where a legal term is used: \"Trust\" means the statutory Caulfield Racecourse Reserve Trust established by the Act (s5); an \"event declaration\" is the Trust’s formal notice that an event is a Caulfield Racecourse Reserve event (s3, s34).)\n"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the limited metadata available, there is no clear evidence that the Act's scope shifted from its original intent. The Act appears to have been passed and remains in force as made, with no indication of significant amendments altering its original purpose."},"complexity_factors":["Involves Crown land tenure arrangements, which carry specific legal obligations and restrictions","Likely intersects with multiple other Victorian statutes (Crown Land (Reserves) Act, Racing Act, planning laws)","Balances competing interests: racing industry, public access, commercial development, and government oversight","Site-specific legislation means limited precedent and narrow interpretive context","Insufficient source text provided to assess the full range of provisions, increasing interpretive uncertainty"],"plain_english_summary":"The Act creates a legal framework for managing the Caulfield Racecourse Reserve, setting who may use the Crown land and under what conditions to balance horse racing, events and wider public interest. It primarily affects the Melbourne Racing Club, local residents and government land managers, and shapes what commercial or development activity is permitted on this contested public reserve."}},"importantCases":[],"_links":{"self":"/api/acts/caulfield-racecourse-reserve-act-2017","history":"/api/acts/caulfield-racecourse-reserve-act-2017/history","analysis":"/api/acts/caulfield-racecourse-reserve-act-2017/analysis","conflicts":"/api/acts/caulfield-racecourse-reserve-act-2017/conflicts","importantCases":"/api/acts/caulfield-racecourse-reserve-act-2017/important-cases","documents":"/api/acts/caulfield-racecourse-reserve-act-2017/documents"}}