{"id":"melbourne-and-olympic-parks-act-1985","name":"Melbourne and Olympic Parks Act 1985","slug":"melbourne-and-olympic-parks-act-1985","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176345,"registerId":"vic-melbourne-and-olympic-parks-act-1985-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\nS. 1  \namended by No. 34/1995 s. 5.\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"\t1 Short title\n\nThis Act may be cited as the **Melbourne and Olympic Parks** **Act 1985**.\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\nThis Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Purposes of this Act","content":"\t3 Purposes of this Act\n\nThe purposes of this Act are—\n\nS. 3(a) substituted by No. 34/1995 s. 6,  \namended by No. 56/1997  \ns. 3(a).\n\n(a) to create a Melbourne and Olympic Parks Trust to administer the National Tennis Centre, Olympic Park and certain other land and facilities for the purposes of tennis, other sports, recreation and entertainment; and\n\nS. 3(b) substituted by No. 34/1995 s. 6.\n\n(b) to provide for the management and operation of the National Tennis Centre and Olympic Park; and\n\nS. 3(c) substituted by No. 34/1995 s. 6,  \namended by No. 56/1997  \ns 3(b).\n\n(c) to provide for the use and promotion of the National Tennis Centre and Olympic Park; and\n\nS. 3(d) inserted by No. 56/1997  \ns. 3(b), amended by No. 62/2007 s. 4(1).\n\n(d) to provide for the development, promotion, management, operation and use of sports, recreation and entertainment facilities and services in Victoria in addition to those at the National Tennis Centre and Olympic Park; and\n\nS. 3(e) inserted by No. 62/2007 s. 4(2).\n\n(e) to provide for the management of Gosch's Paddock by the Trust as a committee of management under the **Crown Land (Reserves) Act 1978**.\n\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"\t4 Definitions\n\nIn this Act unless inconsistent with the context or subject-matter—\n\nS. 4 def. of *association* repealed by No. 56/1997  \ns. 6(2).\n\nS. 4 def. of *Central Plan Office* inserted by No. 62/2007 s. 5(1), substituted by No. 52/2016 s. 3(1), repealed by No. 53/2017 s. 84.\n\nS. 4 def. of *centre* repealed by No. 34/1995 s. 7(b).\n\nS. 4 def. of *film friendly principles* inserted by No. 51/2014 s. 9(Sch. 2 item 9.1).\n\n***film friendly principles*** has the same meaning as in the **Filming Approval Act 2014**;\n\nS. 4 def. of *film permit* inserted by No. 51/2014 s. 9(Sch. 2 item 9.1).\n\n***film permit*** has the same meaning as in the **Filming Approval Act 2014**;\n\nS. 4 def. of *Gosch's Paddock* inserted by No. 62/2007 s. 5(1).\n\n***Gosch's Paddock*** means the land reserved under section 32B;\n\nS. 4 def. of *major lease* inserted by No. 28/2024 s. 12(1).\n\n***major lease*** means a lease that—\n\n(a) is for a term of 21 years or more; or\n\n(b) is over the whole of the National Tennis Centre; or\n\n(c) is over the whole of the Olympic Park;\n\nS. 4 def. of *Melbourne Park*  \ninserted by No. 34/1995 s. 7(a).\n\n***Melbourne Park*** includes the national tennis centre land;\n\nS. 4 def. of *member* amended by No. 34/1995 s. 7(c).\n\n***member*** means a member of the Melbourne and Olympic Parks Trust and includes the chairperson and a person appointed to act as a member or chairperson;\n\nS. 4 def. of *National Tennis Centre* inserted by No. 34/1995 s. 7(a).\n\n***National Tennis Centre*** means the national tennis centre land at Melbourne Park and the facilities for the purposes of tennis, other sports, recreation and entertainment on that land;\n\nS. 4 def. of *national tennis centre land* amended by Nos 90/1994 s. 3, 42/1998  \ns. 4, substituted by No. 62/2007 s. 5(2), amended by Nos 52/2016 s. 3(2), 41/2022 s. 19, 28/2024 s. 12(2).\n\n***national tennis centre land*** means—\n\n(a) the land excised under sections 23, 24 and 25; and\n\n(b) the land reserved under sections 25A, 25B, 25C, 25D, 25E and 25F; and\n\n(c) the land reserved under section 30A; and\n\n(d) the land reserved under section 30C; and\n\n(e) the land reserved under section 30D; and\n\n(f) the land reserved under section 30E shown hatched on plan LEGL./21-548 lodged in the Central Plan Office and in Part 10 of the Schedule; and\n\n(g) the land (including any stratum of land) reserved under section 30FB;\n\nS. 4 def. of *Olympic Park*  \ninserted by No. 34/1995 s. 7(a), amended by No. 28/2024 s. 12(3).\n\n***Olympic Park*** means the Olympic Park land and the facilities for the purposes of sport, recreation and entertainment on that land;\n\nS. 4 def. of *Olympic Park land*  \ninserted by No. 34/1995 s. 7(a), amended by No. 50/1998 s. 41, substituted by Nos 81/2000 s. 41, 62/2007 s. 5(3).\n\n***Olympic Park land*** means—\n\n(a) so much of the land that is described in Part 5 of the Schedule as is shown in the plan numbered LEGL./00–24 lodged in the Central Plan Office as—\n\n(i) parcels A, B and C; and\n\n(ii) a sport recreation and entertainment reserve; and\n\n(b) the land reserved under section 31C; and\n\n(c) the land reserved under section 31D;\n\nS. 4 def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 110.1).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 4 def. of *Trust* amended by No. 34/1995 s. 7(d).\n\n***Trust*** means the Melbourne and Olympic Parks Trust established by this Act.\n\nS. 4A inserted by No. 51/2014 s. 9(Sch. 2 item 9.2).\n\n","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":"Filming Approval Act 2014","content":"\t4A Filming Approval Act 2014\n\nThis Act is filming approval legislation within the meaning of the **Filming Approval Act 2014**.\n\nPt 2 (Heading) inserted by No. 34/1995 s. 8.\n\n","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution of the Trust[[1]](#endnote-2)","content":"Part 2—Constitution of the Trust[[1]](#endnote-2)\n\nS. 5 substituted by No. 34/1995 s. 8.\n\n","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Establishment of Trust[[2]](#endnote-3)","content":"\t5 Establishment of Trust[[2]](#endnote-3)\n\n(1) There is established a Trust to be called the Melbourne and Olympic Parks Trust.\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 and be sued in its corporate name; and\n\n(d) may acquire, hold and dispose of real and personal property; and\n\n(e) may do and suffer all acts and things that a body corporate may, by law, do and 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 seal of the Trust on a document and, until the contrary is proved, must presume that the document was properly sealed.\n\nS. 6  \namended by No. 73/1986 s. 4(a), substituted by No. 34/1995 s. 8.\n\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Powers and functions","content":"\t6 Powers and functions\n\n(1) The Trust has the following functions—\n\n(a) to be responsible for the care, improvement, use and promotion of the National Tennis Centre and Olympic Park as facilities for tennis, other sports, recreation and entertainment;\n\n(b) to operate the National Tennis Centre and Olympic Park efficiently and effectively to obtain the best possible use of the facilities;\n\n(c) to provide planning for the operation of the National Tennis Centre and Olympic Park which is co-ordinated between the two facilities;\n\n(d) to be responsible for proper financial management of the National Tennis Centre and Olympic Park;\n\nS. 6(1)(e) substituted by No. 56/1997  \ns. 4(1).\n\n(e) to provide for the planning, development, promotion, management, operation and use of other sports, recreation and entertainment facilities and services in Victoria; and\n\nS. 6(1)(f) substituted by No. 56/1997  \ns. 4(1).\n\n(f) to provide for the development, promotion, management, 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 operated or managed by the Trust; and\n\nS. 6(1)(fa) inserted by No. 62/2007  \n\n(fa) to be the committee of management under the **Crown Land (Reserves) Act 1978** for Gosch's Paddock; and\n\nS. 6(1)(g) inserted by No. 56/1997  \ns. 4(1), amended by No. 19/2003 s. 31(a).\n\n(g) to accept appointment and act as a committee of management of Crown lands; and\n\nS. 6(1)(h) inserted by No. 19/2003 s. 31(b), amended by No. 62/2007 s. 6(2)\n\n(h) to carry out any other function conferred on or given to the Trust by or under this Act or any other Act.\n\nS. 6(1A) inserted by No. 56/1997  \ns. 4(2), amended by No. 62/2007 s. 6(3).\n\n(1A) The Trust must not carry out any of its functions with respect to land, facilities or services outside the National Tennis Centre, Olympic Park or Gosch's Paddock or exercise any powers in relation to those functions without the approval of the Premier, the Treasurer and the Minister.\n\n(2) The Trust has all the powers necessary to enable it to perform its functions.\n\n(3) The Minister may give the Trust directions in relation to the carrying out of its functions under this Act.\n\n(4) The Trust must comply with the directions of the Minister in carrying out its functions under this Act.\n\nS. 6A inserted by No. 62/2007 s. 7\n\n","sortOrder":8},{"sectionNumber":"6A","sectionType":"section","heading":"Trust is committee of management under the Crown Land (Reserves) Act 1978 for Gosch's Paddock","content":"\t6A Trust is committee of management under the Crown Land (Reserves) Act 1978 for Gosch's Paddock\n\nOn the publication of an Order under section 32B, the Trust is deemed to be the committee of management of Gosch's Paddock appointed under the **Crown Land (Reserves) Act 1978**.\n\nS. 7  \namended by Nos 73/1986 s. 4(b)–(d), 77/1988 s. 4, substituted by No. 34/1995 s. 8, amended by No. 62/2007 s. 8(6) (ILA s. 39B(1)).\n\n","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Further powers[[3]](#endnote-4)","content":"\t7 Further powers[[3]](#endnote-4)\n\n(1) Without limiting section 6(2), the Trust has the power to do all or any of the following—\n\n(a) in the case of the National Tennis Centre and Olympic Park—\n\nS. 7(1)(a)(i) amended by No. 28/2024 s. 13(1).\n\n(i) subject to the approval of the Minister, grant leases of the whole or any part of the National Tennis Centre or Olympic Park;\n\n(ii) grant licences or permits for the use or development of the whole or any part of the National Tennis Centre or Olympic Park;\n\nS. 7(1)(b) substituted by No. 56/1997  \ns. 5(a), amended by No. 62/2007 s. 8(1).\n\n(b) in the case of any other land or facilities (except Gosch's Paddock) managed or operated by the Trust—\n\n(i) grant licences or permits for the use or development of the whole or any part of that land or those facilities; or\n\n(ii) enter into leases;\n\n(d) appoint agents or engage consultants;\n\n(e) impose a fee or charge for—\n\nS. 7(1)(e)(i) amended by Nos 56/1997  \ns. 5(b), 62/2007 s. 8(2).\n\n(i) entry to the whole or any part of the National Tennis Centre or Olympic Park or any other land, facilities or services managed or operated by the Trust (except for Gosch's Paddock), whether or not that entry is for the purposes of a particular event or activity or otherwise and whether or not the fee or charge is collected, either in whole or in part, on behalf of another person; or\n\nS. 7(1)(e)(ii) amended by Nos 56/1997  \ns. 5(c), 62/2007 ss 8(2), 17(1).\n\n(ii) the use of facilities or services at the National Tennis Centre or Olympic Park or any other facilities or services managed or operated by the Trust (except for Gosch's Paddock);\n\nNote to s. 7(1)(e) inserted by No. 62/2007 s. 8(3)\n\nThe Trust is a committee of management under the **Crown Land (Reserves) Act 1978** for Gosch's Paddock.\n\nS. 7(1)(f) amended by Nos 56/1997  \ns. 5(b), 62/2007 s. 8(4).\n\n(f) subject to paragraph (fa), enter into contracts, agreements or arrangements for the carrying out of its functions, including, but not limited to, contracts agreements or arrangements for the provision of goods or services to the Trust or at the National Tennis Centre or Olympic Park or any other land, facilities or services managed or operated by the Trust;\n\nS. 7(1)(fa) inserted by No. 62/2007 s. 8(5).\n\n(fa) in the case of Gosch's Paddock, subject to the **Crown Land (Reserves) Act 1978** and any regulations made under that Act, enter into contracts, agreements or arrangements for the carrying out of its functions in respect of Gosch's Paddock;\n\n(g) apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights;\n\n(h) assign or grant licences in respect of those intellectual property rights, with or without charge;\n\n(i) enter into agreements and arrangements for commercial exploitation of intellectual property rights.\n\nS. 7(2) inserted by No. 62/2007 s. 8(6).\n\n(2) Despite anything to the contrary in the **Crown Land (Reserves) Act 1978** or any regulations made under that Act and subject to subsection (3), the Trust may grant licences for a period of not more than 21 years for the use of the whole or any part of Gosch's Paddock for purposes that are not substantially detrimental to the reservation of Gosch's Paddock as a public park.\n\nS. 7(3) inserted by No. 62/2007 s. 8(6).\n\n(3) The Trust must not grant a licence under subsection (2) unless—\n\nS. 7(3)(a) amended by No. 28/2024 s. 13(2).\n\n(a) the Minister has given written approval to the granting of the licence; and\n\n(b) the Minister administering the **Crown Land (Reserves) Act 1978** has given approval in accordance with that Act as if the licence were a licence granted under that Act and the approval is in force.\n\nS. 7(4) inserted by No. 62/2007 s. 8(6).\n\n(4) The Trust may grant permits for the use of the whole or any part of Gosch's Paddock for purposes that are not detrimental to the reservation of Gosch's Paddock as a public park.\n\nS. 7(5) inserted by No. 62/2007 s. 8(6).\n\n(5) Despite anything to the contrary in the **Crown Land (Reserves) Act 1978** or any regulations made under that Act, the Trust must not enter into any lease under that Act or any tenancy agreement under that Act in respect of Gosch's Paddock.\n\nS. 7AA inserted by No. 28/2024 s. 14.\n\n\t7AA Minister may delegate approval power under section 7(1) in relation to leases that are not major leases\n\n(1) Subject to subsection (2), the Minister, by instrument, may delegate the Minister's approval power under section 7(1)(a)(i) to—\n\n(a) the Secretary of the Department of the Minister administering this Act; or\n\n(b) a person or class of person employed under Part 3 of the **Public Administration Act 2004** as an executive within the meaning of that Act in the Department of the Minister administering this Act.\n\n(2) A delegation under subsection (1)—\n\n(a) must only be in relation to a lease that is not a major lease; and\n\n(b) may be in relation to a class of leases that are not major leases or a specific lease that is not a major lease; and\n\n(c) may be subject to any conditions or limitations that the Minister specifies in the instrument of delegation.\n\nSee also sections 42 and 42A of the **Interpretation of Legislation Act 1984**.\n\nS. 7A inserted by No. 62/2007 s. 9.\n\n","sortOrder":10},{"sectionNumber":"7A","sectionType":"section","heading":"Minister must approve carrying out of certain functions","content":"\t7A Minister must approve carrying out of certain functions\n\n(1) Despite anything to the contrary in the **Crown Land (Reserves) Act 1978** or any regulations made under that Act, the Trust must not construct or carry out any works in Gosch's Paddock without the written approval of the Minister.\n\n(2) The Minister must consult with the Minister administering the **Crown Land (Reserves) Act 1978** before giving an approval under subsection (1).\n\n(3) In this section ***works*** does not include—\n\n(a) tents, marquees, shelters and other similar temporary structures; or\n\n(b) non-commercial signage; or\n\n(c) maintenance and repair of existing structures; or\n\n(d) horticultural works and plantings; or\n\n(e) works required to maintain public safety; or\n\n(f) any other minor works.\n\nS. 7B inserted by No. 62/2007 s. 9\n\n","sortOrder":11},{"sectionNumber":"7B","sectionType":"section","heading":"Conflict of powers","content":"\t7B Conflict of powers\n\nIn respect of the management of Gosch's Paddock, subject to sections 7 and 7A, to the extent that there is any inconsistency between the powers and functions of the Trust under this Act and the **Crown Land (Reserves) Act 1978** or any regulations made under that Act, the **Crown Land (Reserves) Act 1978** prevails.\n\nS. 8  \namended by No. 73/1986 s. 5(a)(i)(ii), substituted by No. 34/1995 s. 8, amended by No. 28/2024 s. 15(2) (ILA s. 39B(1)).\n\n","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Membership","content":"\t8 Membership\n\n(1) The Trust is to consist of 12 members appointed by the Governor in Council of whom—\n\n(a) 9 persons are to be appointed on the nomination of the Minister;\n\nS. 8(1)(b) amended by Nos 56/1997  \ns. 6(3), 28/2024 s. 15(1)(a).\n\n(b) 2 persons are to be appointed on the nomination of the Minister to represent Tennis Australia Limited;\n\nS. 8(1)(c) amended by No. 28/2024 s. 15(1)(b).\n\n(c) 1 person is to be appointed on the nomination of the Minister to represent the Victorian Tennis Association.\n\nS. 8(2) inserted by No. 28/2024 s. 15(2).\n\n(2) For the purposes of subsection (1)(b), Tennis Australia Limited may provide the Minister with recommended persons to consider for nomination as representative members on the Trust.\n\nS. 8(3) inserted by No. 28/2024 s. 15(2).\n\n(3) For the purposes of subsection (1)(c), the Victorian Tennis Association may provide the Minister with recommended persons to consider for nomination as representative members on the Trust.\n\nS. 9 substituted by No. 34/1995 s. 8.\n\n","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Membership not an office of profit","content":"\t9 Membership not an office of profit\n\nA member of the Trust shall not be taken by reason of being such a member of the Trust to hold an office or place of profit under the Crown which would—\n\n(a) prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or\n\n(b) make void the member's election to the Legislative Council or Legislative Assembly; or\n\n(c) prevent the Member continuing to be a member of the Legislative Council or Legislative Assembly; or\n\n(d) subject the member to liability to a penalty under the **Constitution Act 1975**.\n\nS. 10 substituted by No. 34/1995 s. 8.\n\n","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Terms of office","content":"\t10 Terms of office\n\nS. 10(1) amended by No. 28/2024 s. 16.\n\n(1) A member of the Trust holds office—\n\n(a) for the period, not exceeding 4 years; and\n\n(b) upon the terms and conditions—\n\nspecified in the member's instrument of appointment.\n\n(2) A member of the Trust is eligible for reappointment.\n\nS. 10(3) amended by No. 46/1998  \ns. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 127.1), 80/2006 s. 26(Sch. item 65).\n\n(3) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a member in respect of the office of member.\n\nS. 11 amended by No. 73/1986 s. 5(b), substituted by No. 34/1995 s. 8.\n\n","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Resignation and Removal","content":"\t11 Resignation and Removal\n\nS. 11(1) amended by No. 28/2024 s. 17.\n\n(1) A member of the Trust may resign the office of member by writing signed by the member and addressed to the Minister.\n\n(2) The Governor in Council may at any time remove a member of the Trust from office.\n\n(3) If a member of the Trust dies, resigns or is removed from office, the Governor in Council may, in accordance with this Act, fill the vacant office.\n\nS. 12 substituted by No. 34/1995 s. 8.\n\n","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Chairperson","content":"\t12 Chairperson\n\n(1) The chairperson must be appointed by the Governor in Council from the members of the Trust.\n\nS. 12(2) amended by No. 28/2024 s. 18(1).\n\n(2) The chairperson holds that office for the term specified in the chairperson's instrument of appointment and is eligible for reappointment.\n\nS. 12(3) amended by No. 28/2024 s. 18(2).\n\n(3) The chairperson may resign that office by writing signed by the chairperson and addressed to the Minister.\n\n(4) The Governor in Council may at any time remove the chairperson from office.\n\n(5) The chairperson ceases to hold that office on ceasing to be a member of the Trust.\n\nS. 13 substituted by No. 34/1995 s. 8.\n\n","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Acting member","content":"\t13 Acting member\n\nS. 13(1) amended by No. 28/2024 s. 19(1).\n\n(1) If a member of the Trust is unable to perform the duties or functions of the member's office, the Minister may appoint a person qualified to be appointed to that office to act in that office during the period of inability.\n\nS. 13(2) amended by No. 28/2024 s. 19(2).\n\n(2) The Minister—\n\n(a) subject to this Act, may determine the terms and conditions of appointment of an acting member; and\n\n(b) may at any time terminate the appointment.\n\n(3) While the appointment of an acting member remains in force, the acting member has and may exercise all the powers and perform all the duties and functions of the office in which that person is acting.\n\nS. 13(4) inserted by No. 28/2024 s. 19(3).\n\n(4) An acting member is entitled to receive the same fees and allowances as a member.\n\nS. 13A inserted by No. 28/2024 s. 20.\n\n","sortOrder":18},{"sectionNumber":"13A","sectionType":"section","heading":"Acting chairperson","content":"\t13A Acting chairperson\n\n(1) The Minister may appoint a member of the Trust to act as chairperson during a period of vacancy if—\n\n(a) the office of chairperson of the Trust becomes vacant under section 12; or\n\n(b) the chairperson of the Trust is unable to perform the duties of office of chairperson because of illness or otherwise.\n\n(2) An acting chairperson is entitled to receive the same fees and allowances as a person appointed as chairperson of the Trust.\n\nS. 14 substituted by No. 34/1995 s. 8.\n\n","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Payment of members","content":"\t14 Payment of members\n\n(1) A member other than a member who is—\n\n(a) a member of the Legislative Council or the Legislative Assembly; or\n\nS. 14(1)(b) amended by Nos 46/1998  \ns. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 127.2), 28/2024 s. 21(a).\n\n(b) an employee of the public service within the meaning of the **Public Administration Act 2004**—\n\nS. 14(1)(c) repealed by No. 28/2024 s. 21(b).\n\nis entitled to receive the fees, if any, that are fixed from time to time by the Governor in Council for that member.\n\n(2) A member is entitled to receive the allowances that are fixed from time to time by the Governor in Council.\n\nS. 15 substituted by No. 34/1995 s. 8.\n\n","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Procedure of Trust","content":"\t15 Procedure of Trust\n\nS. 15(1) amended by No. 28/2024 s. 22.\n\n(1) The chairperson or, in the absence of the chairperson, a person appointed as acting chairperson, must preside at a meeting of the Trust at which the chairperson or person appointed as acting chairperson. is present.\n\n(2) If neither the chairperson nor an acting chairperson is present at a meeting the members present may elect a member to preside at the meeting.\n\n(3) A question arising at a meeting of the Trust is to be determined by a majority of votes of the members who are present and voting on that question.\n\n(4) The person presiding at a meeting has a deliberative vote and a second or casting vote.\n\n(5) A majority of the members of the Trust currently holding office constitutes a quorum.\n\n(6) Except as otherwise provided for in this Act, the Trust may regulate its own proceedings.\n\nS. 16 substituted by No. 34/1995 s. 8.\n\n","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Convening of meetings","content":"\t16 Convening of meetings\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\nS. 16A inserted by No. 34/1995 s. 8.\n\n","sortOrder":22},{"sectionNumber":"16A","sectionType":"section","heading":"Effect of vacancy or defect","content":"\t16A Effect of vacancy or defect\n\nAn act or decision of the Trust is not invalid only because—\n\n(a) of a vacancy in its membership; or\n\n(b) of a defect or irregularity in the appointment of any of its members; or\n\nS. 16A(c) amended by No. 28/2024 s. 23.\n\n(c) in the case of an acting chairperson or acting member, the occasion for that member so acting had not arisen or had ceased.\n\nS. 16B inserted by No. 34/1995 s. 8.\n\n","sortOrder":23},{"sectionNumber":"16B","sectionType":"section","heading":"Member's pecuniary interest","content":"\t16B Member's pecuniary interest\n\n(1) A member who has a pecuniary interest in any matter in which the Trust is concerned must—\n\n(a) if the member is present at a meeting of the Trust at which the matter is to be considered, disclose the nature of the interest immediately before the consideration of that matter; or\n\n(b) if the member is aware that the matter is to be considered at a meeting of the Trust at which the member does not intend to be present, disclose the nature of the interest to the chairperson before the meeting is held.\n\n(2) The member—\n\n(a) may take part in the discussion of the matter in the meeting with the consent of the Trust; and\n\n(b) must leave the meeting while any vote is taken on a question relating to the matter.\n\nS. 16C inserted by No. 34/1995 s. 8.\n\n","sortOrder":24},{"sectionNumber":"16C","sectionType":"section","heading":"Immunity","content":"\t16C Immunity\n\n(1) A member is not personally liable for anything done or omitted to be done in good faith—\n\n(a) in the exercise of a power or the discharge of a duty under this Act; or\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act.\n\n(2) Any liability resulting from an act or omission that would but for subsection (1), attach to a member of the Trust, attaches instead to the Trust.\n\nS. 16D inserted by No. 34/1995 s. 8.\n\n","sortOrder":25},{"sectionNumber":"16D","sectionType":"section","heading":"Staff","content":"\t16D Staff\n\nS. 16D(1) amended by No. 62/2007 s. 17(2).\n\n(1) The Trust may appoint a person approved by the Minister as the Chief Executive Officer to the Trust.\n\n(2) The Trust may employ any other persons that are necessary for the purposes of the administration of the Trust and the carrying out of its powers and functions.\n\nS. 16E inserted by No. 34/1995 s. 8.\n\n","sortOrder":26},{"sectionNumber":"16E","sectionType":"section","heading":"Delegation","content":"\t16E Delegation\n\nThe Trust may, in writing delegate its powers or functions under this or any other Act, other than this power to delegate, to—\n\n(a) a member of the Trust; or\n\n(b) a sub-committee of the Trust comprised—\n\n(i) entirely of members of the Trust; or\n\nS. 16E(b)(ii) amended by No. 62/2007 s. 17(3).\n\n(ii) of the Chief Executive Officer and otherwise entirely of members of the Trust; or\n\nS. 16E(c) amended by No. 62/2007 s. 17(3).\n\n(c) the Chief Executive Officer.\n\nS. 16F inserted by No. 34/1995 s. 8.\n\n","sortOrder":27},{"sectionNumber":"16F","sectionType":"section","heading":"Business plan","content":"\t16F Business plan\n\n(1) The Trust must prepare a business plan each year.\n\n(2) The Trust must give a copy of the proposed business plan to the Minister on or before the date in the year determined by the Minister.\n\n(3) The proposed business plan must be in or to the effect of a form approved by the Minister and must include—\n\n(a) a statement of corporate intent, being information about the objectives, main undertakings, activities, accounting policies and performance measures of the Trust;\n\n(b) financial statements containing information requested by the Minister;\n\n(c) such other matters as the Minister directs.\n\n(4) The Trust must consider any comments on the proposed plan that are made to it by the Minister within 2 months after the plan was submitted to the Minister.\n\n(5) The Trust must consult in good faith with the Minister following communication to it of the comments, must make any changes to the plan that are agreed between the Minister and the Trust and must deliver the completed plan to the Minister within 3 months after the plan was submitted to the Minister.\n\nNew s. 16G inserted by No. 62/2007 s. 10.\n\n","sortOrder":28},{"sectionNumber":"16G","sectionType":"section","heading":"Reporting","content":"\t16G Reporting\n\nIn its report of operations for a financial year under Part 7 of the **Financial Management Act 1994** the Trust must include information, as required by the Minister, on its performance in maintaining public access to Gosch's Paddock during that financial year.\n\nPt 3  \n(Heading and ss 16G–16J)  \ninserted by No. 34/1995 s. 8,  \n\nPt 4  \n(Heading) inserted by No. 34/1995 s. 9.\n\n","sortOrder":29},{"sectionNumber":"Part 4","sectionType":"part","heading":"Financial and general provisions","content":"Part 4—Financial and general provisions\n\n","sortOrder":30},{"sectionNumber":"17","sectionType":"section","heading":"Melbourne and Olympic Parks Trust Fund","content":"\t17 Melbourne and Olympic Parks Trust Fund\n\nS. 17(1) amended by No. 56/1997  \ns. 7(a).\n\n(1) The Trust shall establish and maintain a fund to be called the Melbourne and Olympic Parks Trust Fund.\n\n(2) There shall be paid into the Fund—\n\nS. 17(2)(a) amended by No. 56/1997  \ns. 7(b).\n\n(a) fees paid to or received by the Trust by or from persons for the right to use or attend the National Tennis Centre, Olympic Park or any other land, facilities or services operated or managed by the Trust;\n\n(b) income received by the Trust from the investment of moneys in the Fund; and\n\nS. 17(2)(c) amended by Nos 34/1995 s. 10(a), 56/1997  \ns. 7(c).\n\n(c) all other moneys received by or paid to the Trust in respect of the National Tennis Centre, Olympic Park or any other land, facilities or services operated or managed by the Trust.\n\n(3) Moneys in the Fund may be applied only—\n\nS. 17(3)(a) amended by Nos 34/1995 s. 10(b)(i), 56/1997  \ns. 7(c).\n\n(a) in payment or discharge of the debts and liabilities of the Trust in or in connexion with the performance and exercise of the functions and powers of the Trust with respect to the National Tennis Centre, Olympic Park or any other land, facilities or services operated or managed by the Trust;\n\nS. 17(3)(b) amended by No. 56/1997  \ns. 7(d).\n\n(b) in payment of fees and allowances payable to members;\n\nS. 17(3)(c) substituted by Nos 34/1995 s. 10(b)(ii), 56/1997  \ns. 7(e).\n\n(c) in payment of the costs of the management of the National Tennis Centre, Olympic Park or any other land, facilities or services operated or managed by the Trust including the costs of employing people for the purposes of managing and operating the land, facilities or services;\n\nS. 17(3)(d) repealed by No. 56/1997  \ns. 7(f).\n\n(e) in payment or discharge of any debts or liabilities incurred by or on behalf of the Crown in connexion with the planning, design and construction of the Centre before the coming into operation of this Act;\n\nS. 17(3)(f) inserted by No. 56/1997  \ns. 7(g).\n\n(f) in payment of any other amount authorised or required to be paid out of the Fund under this Act or agreed to by the Trust and the Minister to be paid out of the Fund.\n\n(4) The Trust may invest any money in the Fund in any manner approved by the Treasurer.\n\nS. 17(5) substituted by No. 11/2001 s. 3(Sch. item 47).\n\n(5) The Trust may open and maintain one or more accounts in the name of the Trust with any authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth.\n\nS. 17A inserted by No. 34/1995 s. 11,  \n\nS. 18 substituted by No. 56/1997  \n\n","sortOrder":31},{"sectionNumber":"18","sectionType":"section","heading":"Borrowing and investment powers","content":"\t18 Borrowing and investment powers\n\nThe Trust has the powers conferred on it by the **Borrowing and Investment** **Powers Act 1987**.\n\nS. 18A inserted by No. 73/1986 s. 6,  \namended by No. 34/1995  \ns. 12(a)(b),  \n\nSs 19–21 repealed by No. 31/1994 s. 4(Sch. 2 item 59).\n\nS. 22 substituted by No. 8/1992 s. 3.\n\n","sortOrder":32},{"sectionNumber":"22","sectionType":"section","heading":"Regulations","content":"\t22 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\nS. 22(1)(a) substituted by No. 34/1995 s. 13,  \namended by Nos 56/1997  \ns. 9(1), 62/2007 s. 11(1).\n\n(a) the control, management and use of the National Tennis Centre, Olympic Park or any other land, facilities or services managed or operated by the Trust (except Gosch's Paddock);\n\nS. 22(1)(b) substituted by No. 34/1995 s. 13, amended by  \nNos 56/1997  \ns. 9(2), 62/2007 s. 11(1).\n\n(b) the prohibition or regulation of any activity at the National Tennis Centre, Olympic Park or any other land or facilities managed or operated by the Trust (except Gosch's Paddock);\n\nS. 22(1)(c) substituted by No. 34/1995 s. 13,  \namended by  \nNos 56/1997  \ns. 9(2), 62/2007 s. 11(1).\n\n(c) the protection of people at the National Tennis Centre, Olympic Park or any other land or facilities managed or operated by the Trust (except Gosch's Paddock) from injury or nuisance;\n\nS. 22(1)(d)  \namended by  \nNo. 62/2007 s. 11(2).\n\n(d) the removal of any structures or other works (except in Gosch's Paddock) 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) generally 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; and\n\n(b) may differ according to differences in time, place or circumstance; and\n\n(c) may confer a discretionary authority or impose a duty on a specified person or class of persons; and\n\n(d) may impose penalties not exceeding 10 penalty units for a contravention of the regulations.\n\nS. 22(2A) inserted by No. 51/2014 s. 9(Sch. 2 item 9.3).\n\n(2A) 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\nS. 22(3) substituted by No. 56/1997  \ns. 11.\n\n(3) The regulations are subject to disallowance by a House of the Parliament.\n\nS. 22(4) repealed by No. 56/1997  \ns. 11.\n\n(5) Where, under subsection (3), either House of Parliament disallows any regulation, no regulation, being the same in substance as the regulation so disallowed, shall be made within 6 months after the date of the disallowance, unless the House of the Parliament in which notice of the motion to disallow the regulation was given by resolution approves the making of a regulation the same in substance as the regulation deemed to have been disallowed.\n\n(6) Any regulation made in contravention of subsection (5) shall be void and of no effect.\n\nNote to s. 22 inserted by No. 62/2007 s. 11(2)\n\nIn relation to Gosch's Paddock, regulations may be made under the **Crown Land (Reserves) Act 1978**.\n\nS. 22A inserted by No. 8/1992  \ns. 3.\n\n","sortOrder":33},{"sectionNumber":"22A","sectionType":"section","heading":"Powers of removal","content":"\t22A Powers of removal\n\nS. 22A(1) amended by Nos 34/1995 s. 14(a), 56/1997  \ns. 9(2).\n\n(1) A person authorised by the Trust for the purposes of this section may remove any person found contravening the regulations from the National Tennis Centre, Olympic Park or any other land or facilities managed or operated by the Trust.\n\nS. 22A(2) amended by Nos 34/1995 s. 14(b), 56/1997  \ns. 9(2).\n\n(2) It is lawful for an authorised person using no more force than is reasonably necessary to remove a person found contravening the regulations or cause the person to be removed from the National Tennis Centre, Olympic Park or any other facilities managed or operated by the Trust.\n\nS. 22A(3) amended by No. 33/2004 s. 206.\n\n(3) Nothing in this section authorises a person to do anything in contravention of the **Private Security Act 2004**.\n\nS. 22B inserted by No. 8/1992  \ns. 3, amended by No. 37/2014 s. 10(Sch. item 110.2).\n\n","sortOrder":34},{"sectionNumber":"22B","sectionType":"section","heading":"Proceedings for offences","content":"\t22B Proceedings for offences\n\nProceedings for an offence against the regulations may be brought by a police officer or a person authorised to do so, either generally or in a particular case, by the Trust.\n\nPt 5 (Heading) inserted by No. 34/1995 s. 15.\n\n","sortOrder":35},{"sectionNumber":"Part 5","sectionType":"part","heading":"Melbourne Park","content":"Part 5—Melbourne Park\n\n","sortOrder":36},{"sectionNumber":"23","sectionType":"section","heading":"Power to excise an area to be surveyed from Flinders Park","content":"\t23 Power to excise an area to be surveyed from Flinders Park\n\nS. 23(1) amended by No. 46/1998  \n\n(1) The Minister administering the **Crown Land (Reserves) Act 1978** upon receiving a plan of survey of a portion of the land known as Flinders Park signed by the Surveyor-General and upon being satisfied that the land described in the plan of survey corresponds as nearly as practicable with the land shown cross hatched in the Plan in Part 2 of the Schedule may recommend to the Governor in Council that the land shown in the plan of survey be excised from the reservation of the land known as Flinders Park.\n\n(2) Upon receiving such a recommendation the Governor in Council may by proclamation published in the Government Gazette revoke the Order in Council of 9 June 1873 and Crown grant Volume 600 Folium 119903 so far as they relate to the land shown in the plan of survey.\n\n(3) On the day on which a proclamation revoking the said Order in Council as provided in subsection (2) is published in the Government Gazette every other Order in Council or proclamation so far as it reserves or affects or purports to reserve or affect the land shown in the plan of survey shall also be revoked and the said land—\n\n(a) shall notwithstanding anything in the Act become and be unalienated land of the Crown freed and discharged from all trusts encumbrances reservations limitations and restrictions whatsoever and from every estate or interest therein; and\n\n(b) shall be deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act** **1978** for public purposes being in particular the purposes of a national tennis centre.\n\n(4) For the purposes of this section ***the land known as Flinders Park*** means the land the title particulars of which are described in paragraph 1 of Part 1 of the Schedule.\n\n","sortOrder":37},{"sectionNumber":"24","sectionType":"section","heading":"Power to excise an area to be surveyed from Yarra Park","content":"\t24 Power to excise an area to be surveyed from Yarra Park\n\nS. 24(1) amended by No. 46/1998  \n\n(1) The Minister administering the **Crown Land (Reserves) Act 1978** upon receiving a plan of survey of a portion of the land known as Yarra Park signed by the Surveyor-General and upon being satisfied that the land described in the plan of survey corresponds as nearly as practicable with the land shown diagonally hatched on the Plan in Part 2 of the Schedule may recommend to the Governor in Council that the land shown in the plan of survey be excised from the reservation of the land known as Yarra Park.\n\n(2) Upon receiving such a recommendation the Governor in Council may by proclamation published in the Government Gazette revoke the Order in Council of 9 June 1873 and Crown grant Volume 600 Folium 119902 so far as they relate to the land shown in the plan of survey.\n\n(3) On the day on which a proclamation revoking the said Order in Council as provided in subsection (2) is published in the Government Gazette every other Order in Council or proclamation so far as it reserves or affects or purports to reserve or affect the land shown in the plan of survey shall also be revoked and the said land—\n\n(a) shall notwithstanding anything in any Act become and be unalienated land of the Crown freed and discharged from all trusts encumbrances reservations limitations and restrictions whatsoever and from every estate or interest therein; and\n\n(b) shall be deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes being in particular the purposes of a national tennis centre.\n\n(4) For the purposes of this section ***the land known as Yarra Park*** means the land the title particulars of which are described in paragraph 2 of Part 1 of the Schedule.\n\n","sortOrder":38},{"sectionNumber":"25","sectionType":"section","heading":"Power to excise an area to be surveyed from the Public Park Reserve","content":"\t25 Power to excise an area to be surveyed from the Public Park Reserve\n\nS. 25(1) amended by No. 46/1998  \n\n(1) The Minister administering the **Crown Land (Reserves) Act 1978** upon receiving a plan of survey of a portion of the land shown as Public Park Reserve on the plan in Part 2 of the Schedule signed by the Surveyor-General and upon being satisfied that the land described in the plan of survey corresponds as nearly as practicable with the land shown horizontally hatched on the Plan in Part 2 of the Schedule may recommend to the Governor in Council that the land shown in the plan of survey be excised from the reservation of the land shown as Public Park Reserve.\n\n(2) Upon receiving such a recommendation the Governor in Council may by proclamation published in the Government Gazette revoke the Order in Council of 13 September 1950 so far as it relates to the land shown in the plan of survey.\n\n(3) On the day on which a proclamation revoking the said Order in Council as provided in subsection (2) is published in the Government Gazette every other Order in Council or proclamation so far as it reserves or affects or purports to reserve or affect the land shown in the plan of survey shall also be revoked and the said land—\n\n(a) shall notwithstanding anything in any Act become and be unalienated land of the Crown freed and discharged from all trusts encumbrances reservations limitations and restrictions whatsoever and from every estate or interest therein; and\n\n(b) shall be deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes being in particular the purposes of a national tennis centre.\n\n(4) For the purposes of this section \"the land shown as Public Park Reserve on the Plan in Part 2 of the Schedule\" is the land the title particulars of which are described in paragraph 3 of Part 1 of the Schedule.\n\nS. 25A inserted by No. 90/1994 s. 4.\n\n","sortOrder":39},{"sectionNumber":"25A","sectionType":"section","heading":"Divesting and reservation of railway land","content":"\t25A Divesting and reservation of railway land\n\n(a) receiving a plan of survey signed by the Surveyor-General of a portion of the land comprised in Folio of the Register Volume 3929 Folio 762, Volume 3740 Folio 927 and Volume 2788 Folio 466; and\n\n(b) being satisfied that the land described in the plan of survey corresponds as nearly as practicable with the land shown diagonally hatched on the plan in Part 3 of the Schedule—\n\nmay recommend to the Governor in Council that the land shown on the plan of survey be divested from the Public Transport Corporation.\n\n(2) Upon receiving the Minister's recommendation, the Governor in Council may by proclamation published in the Government Gazette revoke Folio of the Register, Volume 3929 Folio 762, Volume 3740 Folio 927 and Volume 2788 Folio 466 in so far as they relate to the land shown on the plan of survey.\n\n(3) Upon the publication of the proclamation in the Government Gazette the land—\n\n(a) divests from the Public Transport Corporation and reverts to the Crown as unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, charges, leases, licences, estates or interests; and\n\n(b) is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the national tennis centre.\n\n(4) The Minister upon—\n\n(a) receiving a plan of survey signed by the Surveyor-General of a portion of the land vested in the Public Transport Corporation by virtue of **The Railway Melbourne Lands Exchange Act 1888**; and\n\n(b) being satisfied that the land described in the plan of survey corresponds as nearly as practicable with the land shown cross-hatched on the plan in Part 3 of the Schedule—\n\nmay recommend to the Governor in Council that the land shown on the plan of survey be divested from the Public Transport Corporation.\n\n(5) Upon receiving the Minister's recommendation, the Governor in Council may by proclamation published in the Government Gazette divest the land shown on the plan of survey from the Public Transport Corporation.\n\n(6) Upon publication of the proclamation under subsection (5) in the Government Gazette the land—\n\n(a) divests from the Public Transport Corporation and reverts to the Crown as unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, charges, leases, licences, estates or interests; and\n\n(b) is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the national tennis centre.\n\nS. 25A(7) amended by No. 74/2000 s. 3(Sch. 1 item 79).\n\n(7) Subsection (6) applies despite anything to the contrary in **The Railway** **Melbourne Lands Exchange Act 1888**.\n\n(8) The Minister upon—\n\n(a) receiving a plan of survey signed by the Surveyor-General of a portion of the land in Crown Allotment 4A, Section 19C, County of Bourke; and\n\n(b) being satisfied that the land described in the plan of survey corresponds as nearly as practicable with the land shown horizontally hatched on the plan in Part 3 of the Schedule—\n\nmay recommend to the Governor in Council that the land revert to the Crown.\n\n(9) Upon receiving the Minister's recommendation, the Governor in Council may by proclamation published in the Government Gazette provide that the land shown on the plan of survey reverts to the Crown.\n\n(10) Despite anything to the contrary in any other Act or instrument, upon publication of the proclamation under subsection (9) in the Government Gazette the land—\n\n(a) reverts to the Crown as unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, charges, leases, licences, estates or interests; and\n\n(b) is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the national tennis centre.\n\n(11) In this section ***Public Transport Corporation*** means the Public Transport Corporation established under the **Transport Act 1983**.\n\nS. 25B inserted by No. 90/1994 s. 4.\n\n","sortOrder":40},{"sectionNumber":"25B","sectionType":"section","heading":"Further power to excise area to be surveyed from Flinders Park","content":"\t25B Further power to excise area to be surveyed from Flinders Park\n\n(a) receiving a plan of survey of a portion of the land known as Flinders Park signed by the Surveyor-General; and\n\n(b) being satisfied that the land described in the plan of survey corresponds as nearly as practicable with the land shown cross hatched in the plan in Part 4 of the Schedule—\n\nmay recommend to the Governor in Council that the land shown in the plan of survey be excised from the reservation of the land known as Flinders Park.\n\n(2) Upon receiving the Minister's recommendation, the Governor in Council may, by proclamation published in the Government Gazette, revoke the Order in Council of 9 June 1873 and Crown grant Volume 600 Folio 119903 so far as they relate to the land shown on the plan of survey.\n\n(a) the land reverts to the Crown as unalienated Crown land, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, charges, leases, licences, estates and interests; and\n\n(b) the land is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being in particular, the purposes of the national tennis centre.\n\n(4) For the purposes of this section ***the land known as Flinders Park*** means the land the title particulars of which are described in paragraph 1 of Part 1 of the Schedule, except that the reference to Part II in that paragraph is deemed to be a reference to Part 4.\n\nS. 25C inserted by No. 90/1994 s. 4.\n\n","sortOrder":41},{"sectionNumber":"25C","sectionType":"section","heading":"Further power to excise area to be surveyed from Yarra Park","content":"\t25C Further power to excise area to be surveyed from Yarra Park\n\n(a) receiving a plan of survey of a portion of the land known as Yarra Park signed by the Surveyor-General; and\n\n(b) being satisfied that the land described in the plan of survey corresponds as nearly as practicable with the land shown diagonally hatched in the plan in Part 4 of the Schedule—\n\nmay recommend to the Governor in Council that the land shown in the plan of survey be excised from the reservation of the land known as Yarra Park.\n\n(2) Upon receiving the Minister's recommendation, the Governor in Council may, by proclamation published in the Government Gazette, revoke the Order in Council of 9 June 1873 and Crown grant Volume 600 Folio 119902 so far as they relate to the land shown on the plan of survey.\n\n(a) the land reverts to the Crown as unalienated Crown land, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, charges, leases, licences, estates and interests; and\n\n(b) the land is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being in particular, the purposes of the national tennis centre.\n\n(4) For the purposes of this section ***the land known as Yarra Park*** means the land the title particulars of which are described in paragraph 2 of Part 1 of the Schedule, except that the reference to Part II in that paragraph is deemed to be a reference to Part 4.\n\nS. 25D inserted by No. 90/1994 s. 4.\n\n","sortOrder":42},{"sectionNumber":"25D","sectionType":"section","heading":"Further power to excise area to be surveyed from the Public Park Reserve","content":"\t25D Further power to excise area to be surveyed from the Public Park Reserve\n\n(a) receiving a plan of survey of a portion of the land known as Public Park Reserve signed by the Surveyor-General; and\n\n(b) being satisfied that the land described in the plan of survey corresponds as nearly as practicable with the land shown horizontally hatched in the plan in Part 4 of the Schedule—\n\nmay recommend to the Governor in Council that the land shown in the plan of survey be excised from the reservation of the land known as Public Park Reserve.\n\n(2) Upon receiving the Minister's recommendation, the Governor in Council may, by proclamation published in the Government Gazette, revoke the Order in Council of 13 September 1950 so far as it relates to the land shown on the plan of survey.\n\n(a) the land reverts to the Crown as unalienated Crown land, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, charges, leases, licences, estates and interests; and\n\n(b) the land is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being in particular, the purposes of the national tennis centre.\n\n(4) For the purposes of this section ***the land known as Public Park Reserve*** means the land the title particulars of which are described in paragraph 3 of Part 1 of the Schedule, except that the reference to Part II in that paragraph is deemed to be a reference to Part 4.\n\nS. 25E inserted by No. 42/1998  \ns. 5.\n\n","sortOrder":43},{"sectionNumber":"25E","sectionType":"section","heading":"Power to excise additional area from Yarra Park","content":"\t25E Power to excise additional area from Yarra Park\n\n(1) The Minister administering the **Crown Land (Reserves) Act 1978** upon—\n\n(a) receiving a plan of survey of a portion of the land known as Yarra Park signed by the Surveyor-General; and\n\n(b) being satisfied that the land described in the plan of survey corresponds as nearly as practicable with the land shown cross-hatched in the plan in Part 4A of the Schedule—\n\nmay recommend to the Governor in Council that the land shown in the plan of survey be excised from the reservation of the land known as Yarra Park.\n\n(2) Upon receiving the Minister's recommendation, the Governor in Council may, by proclamation published in the Government Gazette, revoke the Order in Council of 9 June 1873 and Crown grant Volume 600 Folio 119902 so far as they relate to the land shown on the plan of survey.\n\n(a) the land reverts to the Crown as unalienated Crown land, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, charges, leases, licences, estates and interests; and\n\n(b) the land is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being in particular, the purposes of the national tennis centre.\n\n(4) For the purposes of this section ***the land known as Yarra Park*** means the land the title particulars of which are described in paragraph 2 of Part 1 of the Schedule, except that the reference to Part II in that paragraph is deemed to be a reference to Part 4A.\n\nS. 25F inserted by No. 42/1998  \ns. 5.\n\n","sortOrder":44},{"sectionNumber":"25F","sectionType":"section","heading":"Power to excise additional area from Public Park Reserve","content":"\t25F Power to excise additional area from Public Park Reserve\n\n(1) The Minister administering the **Crown Land (Reserves) Act 1978** upon—\n\n(a) receiving a plan of survey of a portion of the land known as Public Park Reserve signed by the Surveyor-General; and\n\n(b) being satisfied that the land described in the plan of survey corresponds as nearly as practicable with the land shown hatched in the plan in Part 4A of the Schedule—\n\nmay recommend to the Governor in Council that the land shown in the plan of survey be excised from the reservation of the land known as Public Park Reserve.\n\n(2) Upon receiving the Minister's recommendation, the Governor in Council may, by proclamation published in the Government Gazette, revoke the Order in Council of 13 September 1950 so far as it relates to the land shown on the plan of survey.\n\n(a) the land reverts to the Crown as unalienated Crown land, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, charges, leases, licences, estates and interests; and\n\n(b) the land is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being in particular, the purposes of the national tennis centre.\n\n(4) For the purposes of this section ***the land known as Public Park Reserve*** means the land the title particulars of which are described in paragraph 3 of Part 1 of the Schedule, except that the reference to Part II in that paragraph is deemed to be a reference to Part 4A.\n\nS. 26 amended by Nos 90/1994 s. 5, 42/1998  \n\n","sortOrder":45},{"sectionNumber":"26","sectionType":"section","heading":"No compensation payable by Crown","content":"\t26 No compensation payable by Crown\n\nNo compensation shall be payable by the Crown in respect of any act matter or thing done under or arising out of sections 23, 24, 25, 25A, 25B, 25C and 25D and sections 25E and 25F of this Act.\n\nS. 26A inserted by No. 90/1994 s. 6, amended by No. 42/1998 s. 6(2) (ILA  \ns. 39B(1)).\n\n","sortOrder":46},{"sectionNumber":"26A","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t26A Supreme Court—limitation of jurisdiction\n\n(1) It is the intention of this section to alter or vary section 85 of the **Constitution Act 1975** to the extent necessary to prevent the Supreme Court awarding compensation in respect of anything done under or arising out of sections 25A, 25B, 25C, 25D and 26.\n\nS. 26A(2) inserted by No. 42/1998  \ns. 6(2).\n\n(2) It is the intention of section 26 as amended by the **Melbourne and Olympic Parks (Amendment) Act 1998** to alter or vary section 85 of the **Constitution Act 1975**.\n\n","sortOrder":47},{"sectionNumber":"27","sectionType":"section","heading":"Total area of excisions","content":"\t27 Total area of excisions\n\nThe total area of the land excised by any excisions made under sections 23, 24 and 25 shall not exceed six hectares.\n\nS. 28 substituted by No. 18/1989 s. 13(Sch. 2 item 61), amended by Nos 90/1994 s. 7, 42/1998  \ns. 7.\n\n","sortOrder":48},{"sectionNumber":"28","sectionType":"section","heading":"Obligations of Registrar of Titles","content":"\t28 Obligations of Registrar of Titles\n\nThe Registrar of Titles must make any recordings on the Register that are necessary or expedient in consequence of sections 23, 24, 25, 25A, 25B, 25C, 25D, 25E and 25F and the holder of any relevant certificate of title must if requested to do so deliver it to the Registrar of Titles.\n\n","sortOrder":49},{"sectionNumber":"29","sectionType":"section","heading":"Power to enter and use reserved lands","content":"\t29 Power to enter and use reserved lands\n\nThe Trust, its servants, agents, and any persons authorized by it may, in so far as is necessary, for or in connexion with the building of a facility on the national tennis centre land enter into and upon and use any portion of the land reserved by the Orders in Council specified in Part 1 of the Schedule notwithstanding anything contained in those Orders in Council or in any Crown Grant of the land or in the **Land Act 1958**, the **Crown Land (Reserves) Act 1978** or any regulations made under those Acts.\n\n","sortOrder":50},{"sectionNumber":"30","sectionType":"section","heading":"Transitional provision","content":"\t30 Transitional provision\n\nAll rights and liabilities of the Crown under all contracts or agreements entered into by or on behalf of the Crown in connexion with the planning, design and construction of the Centre before the coming into operation of this Act are upon the coming into operation of this Act transferred to the Trust and such contracts and agreements are to be read and construed and have effect as if they had been entered into by the Trust.\n\nPt 5A (Heading and ss. 30A–30F) inserted by No. 62/2007 s. 12.\n\n","sortOrder":51},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Further National Tennis Centre land","content":"Part 5A—Further National Tennis Centre land\n\nS. 30A inserted by No. 62/2007 s. 12.\n\n","sortOrder":52},{"sectionNumber":"30A","sectionType":"section","heading":"Flinders Park land","content":"\t30A Flinders Park land\n\n(1) The Minister administering the **Crown Land (Reserves) Act 1978** on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 6 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.\n\n(2) On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey for public purposes, being, in particular, the purposes of the national tennis centre.\n\n(a) the Order in Council dated 9 June 1873 published in the Government Gazette dated 13 June 1873 at page 1058 is revoked to the extent that it applies to the land in the plan of survey; and\n\n(b) Crown grant Volume 600 Folio 903 is revoked to the extent that it applies to the land in the plan of survey; and\n\n(c) subject to paragraph (g), the land in the plan of survey is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(d) the Minister for Environment and Climate Change and the Melbourne City Council cease to be trustees of the land in the plan of survey; and\n\n(e) the appointment of any committee of management of the land in the plan of survey is revoked to the extent that it relates to that land; and\n\n(f) any regulations under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to the land in the plan of survey; and\n\n(g) the land in the plan of survey is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the national tennis centre.\n\nS. 30B inserted by No. 62/2007 s. 12.\n\n","sortOrder":53},{"sectionNumber":"30B","sectionType":"section","heading":"Closure of road","content":"\t30B Closure of road\n\n(1) The Minister administering the **Crown Land (Reserves) Act 1978** on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 7 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.\n\n(2) On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may close any road on the land in the plan of survey.\n\n(3) On the publication in the Government Gazette of an Order under this section—\n\n(a) the land in the plan of survey ceases to be subject to the declaration published in Special Gazette No. 152 dated 15 October 1999 to the extent that the declaration applies to that land; and\n\n(b) any land in the plan of survey that is a road ceases to be—\n\n(c) all rights, easements and privileges existing or claimed in the land referred to in paragraph (b) either in the public or by any person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease.\n\n(4) This section applies despite anything to the contrary in section 93H of the **Melbourne City Link Act 1995**.\n\nS. 30C inserted by No. 62/2007 s. 12.\n\n","sortOrder":54},{"sectionNumber":"30C","sectionType":"section","heading":"Reservation of land—former part of Flinders Park","content":"\t30C Reservation of land—former part of Flinders Park\n\n(1) The Minister administering the **Crown Land (Reserves) Act 1978** on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 8 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.\n\n(2) On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey for public purposes, being, in particular, the purposes of the national tennis centre.\n\n(3) On publication in the Government Gazette of an Order under this section, the land in the plan of survey is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the national tennis centre.\n\n(4) An Order under this section must not be made before an Order is made under section 30B.\n\nS. 30D inserted by No. 62/2007 s. 12.\n\n","sortOrder":55},{"sectionNumber":"30D","sectionType":"section","heading":"Former VicTrack land","content":"\t30D Former VicTrack land\n\n(1) The Minister administering the **Crown Land (Reserves) Act 1978** on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 9 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.\n\n(2) On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey for public purposes, being, in particular, the purposes of the national tennis centre.\n\n(3) On publication in the Government Gazette of an Order under this section, the land in the plan of survey is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the national tennis centre.\n\nS. 30E inserted by No. 62/2007 s. 12.\n\n","sortOrder":56},{"sectionNumber":"30E","sectionType":"section","heading":"Throwing cages and adjacent land","content":"\t30E Throwing cages and adjacent land\n\n(1) The Minister administering the **Crown Land (Reserves) Act 1978** on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 10 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.\n\n(2) On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey for public purposes, being, in particular, the purposes of the national tennis centre.\n\n(a) the Order in Council dated 9 June 1873 published in the Government Gazette dated 13 June 1873 at page 1059 is revoked to the extent that it applies to the land in the plan of survey; and\n\n(b) Crown grant Volume 600 Folio 902 is revoked to the extent that it applies to the land in the plan of survey; and\n\n(c) the land in the plan of survey ceases to be subject to the reservation referred to in section 253C of the **Transport Act 1983** to the extent that the reservation applies to that land; and\n\n(d) subject to paragraph (h) and section 34, the land in the plan of survey is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(e) the Minister for Environment and Climate Change and the Melbourne City Council cease to be trustees of the land in the plan of survey; and\n\n(f) the appointment of any committee of management of the land in the plan of survey is revoked to the extent that it relates to that land; and\n\n(g) any regulations under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to the land in the plan of survey; and\n\n(h) the land in the plan of survey is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the national tennis centre.\n\nS. 30F inserted by No. 62/2007 s. 12.\n\n","sortOrder":57},{"sectionNumber":"30F","sectionType":"section","heading":"Obligations of Registrar of Titles","content":"\t30F Obligations of Registrar of Titles\n\nThe Registrar of Titles must make any amendments to the Register under the **Transfer of Land Act 1958** that are necessary because of the operation of any provision of this Part.\n\nPt 5B (Heading and ss 30FA–30FC) inserted by No. 52/2016 s. 4.\n\n","sortOrder":58},{"sectionNumber":"Part 5B","sectionType":"part","heading":"Batman Avenue bridge","content":"Part 5B—Batman Avenue bridge\n\nS. 30FA inserted by No. 52/2016 s. 4.\n\n\t30FA Revocation of reservations\n\n(1) The Order in Council dated 24 August 2004 and published in the Government Gazette on 26 August 2004 at page 2416 reserving land in the municipal district of the City of Melbourne is revoked to the extent that it applies to the land and the strata of land shown as Crown Allotments 2359, 2360 and 2361 on the plan numbered OP123991 lodged in the Central Plan Office.\n\n(2) The reservation of land by section 6 of the **Land (Miscellaneous) Act 2004** as in force immediately before its repeal is revoked to the extent that it applies to the stratum of land shown as Crown Allotment 2357 on the plan numbered OP123991 lodged in the Central Plan Office.\n\n(3) The reservation of land by section 20B(2)(b) of the **Melbourne City Link Act 1995** as in force immediately before its repeal is revoked to the extent that it applies to the stratum of land shown as Crown Allotment 2363 on the plan numbered OP123991 lodged in the Central Plan Office.\n\n(4) On the revocation of the reservations of the land and strata of land referred to in subsections (1) to (3)—\n\n(a) that land or strata (as the case requires) is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) the appointment of any trustee or committee of management of that land or strata (as the case requires) is revoked to the extent that it relates to that land or strata; and\n\n(c) any regulations under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to that land or strata (as the case requires).\n\nS. 30FB inserted by No. 52/2016 s. 4.\n\n\t30FB Land and strata of land to be added to national tennis centre land—Batman Avenue bridge\n\nOn the revocation of the reservations referred to in section 30FA, the land or strata of land shown as Crown Allotments 2360, 2361 and 2366 on the plan numbered OP123992 lodged in the Central Plan Office is taken to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes being in particular the purposes of the national tennis centre.\n\nS. 30FC inserted by No. 52/2016 s. 4.\n\n\t30FC Obligations of Registrar of Titles\n\nThe Registrar of Titles must make any amendments to the Register under the **Transfer of Land Act 1958** that are necessary because of the operation of any provision of this Part.\n\nPt 6 (Heading and ss 31, 32) inserted by No. 34/1995 s. 16.\n\n","sortOrder":59},{"sectionNumber":"Part 6","sectionType":"part","heading":"Olympic Park land","content":"Part 6—Olympic Park land\n\nS. 31  \ninserted by No. 34/1995 s. 16.\n\n","sortOrder":60},{"sectionNumber":"31","sectionType":"section","heading":"Olympic Park Reservation","content":"\t31 Olympic Park Reservation\n\n(1) Despite anything to the contrary in the Order in Council specified in Part 5 of the Schedule, the purposes of the reservation specified in that Order in Council are deemed to be public purposes, being in particular the purposes of sport, recreation and entertainment.\n\n(2) On the coming into operation of this section—\n\n(a) the appointment of any committee of management is revoked to the extent that it applies to the land referred to in the Order in Council specified in Part 5 of the Schedule; and\n\n(b) any regulations made under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to that land.\n\nS. 31A inserted by No. 50/1998 s. 42.\n\n","sortOrder":61},{"sectionNumber":"31A","sectionType":"section","heading":"Revocation of part of Melbourne City Link Reservation and reservation as Olympic Park land","content":"\t31A Revocation of part of Melbourne City Link Reservation and reservation as Olympic Park land\n\n(1) On the coming into operation of section 16 of the **Melbourne City Link (Exhibition Street Extension) Act 1998**, the temporary reservation of the land which is shown cross-hatched green on the plan numbered LEGL./97-31 and lodged in the Central Plan Office of the Department of Natural Resources and Environment, and, which is at or above a depth of 10 metres from the surface, is revoked.\n\n(2) On the revocation of the temporary reservation under subsection (1)—\n\n(a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservation, restrictions, encumbrances, estates and interests; and\n\n(b) the appointment of the Melbourne City Link Authority is revoked to the extent that it applies to the land; and\n\n(c) any regulations made under section 13 of the **Crown Land (Reserves) Act 1978** are revoked in so far as they apply to the land; and\n\n(d) the Order in Council made under the **Melbourne City Link Act 1995**, dated 26 August 1997, published on page 2297 of the Government Gazette dated 28 August 1997 and relating to the land which is hatched blue on the plan Numbered LEGL./97-42, lodged in the Central Plan Office of the Department of Natural Resources and Environment, and which is at or above a depth of 10 metres from the surface, is revoked; and\n\n(e) on and from the commencement of this section the land is deemed to be permanently reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for the purposes of sport, recreation and entertainment.\n\nS. 31B inserted by No. 81/2000 s. 42.\n\n","sortOrder":62},{"sectionNumber":"31B","sectionType":"section","heading":"Reservation of former City Link land","content":"\t31B Reservation of former City Link land\n\nOn the coming into operation of section 42 of the **Melbourne City Link (Miscellaneous Amendments) Act 2000**, the land shown as parcels A, B and C on the plan numbered LEGL./00–24 lodged in the Central Plan Office of the Department of Natural Resources and Environment is deemed to be permanently reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for the purposes of sport, recreation and entertainment.\n\nS. 31C inserted by No. 62/2007 s. 13.\n\n","sortOrder":63},{"sectionNumber":"31C","sectionType":"section","heading":"Reserved Army Barracks land","content":"\t31C Reserved Army Barracks land\n\n(1) The Minister administering the **Crown Land (Reserves) Act 1978** on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 11 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.\n\n(2) On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey to a depth of 10 metres from the surface for the purposes of sport, recreation and entertainment.\n\n(a) the Order in Council dated 29 October 2002, published in Special Gazette No. 194 dated 29 October 2002, page 1 is revoked to the extent that it applies to the land in the plan of survey; and\n\n(b) subject to paragraph (e) and subsection (4), the land in the plan of survey to a depth of 10 metres from the surface is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(c) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and\n\n(d) any regulations under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to that land; and\n\n(e) the land in the plan of survey to a depth of 10 metres from the surface is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for the purposes of sport, recreation and entertainment.\n\n(4) Nothing in this section affects the status or continuity of any easement created under section 339B of the **Land Act 1958** and existing over the land in the plan of survey immediately before the publication in the Government Gazette of the Order under this section.\n\nS. 31D inserted by No. 62/2007 s. 13.\n\n","sortOrder":64},{"sectionNumber":"31D","sectionType":"section","heading":"Closure of road and reservation of Army Barracks land","content":"\t31D Closure of road and reservation of Army Barracks land\n\n(1) The Minister administering the **Crown Land (Reserves) Act 1978** on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 12 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.\n\n(2) On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey to a depth of 10 metres from the surface for the purposes of sport, recreation and entertainment.\n\n(a) the land in the plan of survey ceases to be subject to the declaration published in Special Gazette No. 200 dated 21 December 2000 to the extent that the declaration applies to that land; and\n\n(b) any land in the plan of survey to a depth of 10 metres from the surface that is a road ceases to be—\n\n(c) subject to subsection (4), all rights, easements and privileges existing or claimed in the land referred to in paragraph (b) either in the public or by any person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and\n\n(d) the land in the plan of survey to a depth from the surface of 10 metres is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for the purposes of sport, recreation and entertainment.\n\n(4) Nothing in this section affects the status or continuity of any easement created under section 339B of the **Land Act 1958** and existing over the land in the plan of survey immediately before the publication in the Government Gazette of the Order under this section.\n\n(5) This section applies despite anything to the contrary in section 61 of the **Melbourne City Link Act 1995**.\n\nS. 32  \ninserted by No. 34/1995 s. 16.\n\n","sortOrder":65},{"sectionNumber":"32","sectionType":"section","heading":"Registrar of Titles to make necessary amendments to Register","content":"\t32 Registrar of Titles to make necessary amendments to Register\n\nS. 32(1) repealed by No. 85/1998 s. 24(Sch. item 40).\n\n(2) The Registrar of Titles must make any amendments to the Register under the **Transfer of Land Act 1958** that are necessary because of the operation of any provision of this Part.\n\n","sortOrder":66},{"sectionNumber":"Part 6A","sectionType":"part","heading":"(Heading and ss 32A, 32B) inserted by No. 62/2007 s. 14.","content":"Part 6A (Heading and ss 32A, 32B) inserted by No. 62/2007 s. 14.\n\nPart 6A—Gosch's Paddock\n\nS. 32A inserted by No. 62/2007 s. 14.\n\n","sortOrder":67},{"sectionNumber":"32A","sectionType":"section","heading":"Road closure—Gosch's Paddock","content":"\t32A Road closure—Gosch's Paddock\n\n(1) The Minister administering the **Crown Land (Reserves) Act 1978** on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 13 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.\n\n(2) On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may close any road on the land in the plan of survey to a depth of 10 metres from the surface.\n\n(3) On the publication in the Government Gazette of an Order under this section—\n\n(a) the land in the plan of survey to a depth of 10 metres from the surface ceases to be subject to the declaration published in Special Gazette No. 200 dated 21 December 2000 to the extent that the declaration applies to that land; and\n\n(b) any land in the plan of survey to a depth of 10 metres from the surface that is a road ceases to be—\n\n(c) subject to subsection (4), all rights, easements and privileges existing or claimed in the land referred to in paragraph (b) either in the public or by any person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease.\n\n(4) Nothing in this section affects the status or continuity of any easement created under section 339B of the **Land Act 1958** and existing over the land in the plan of survey immediately before the publication in the Government Gazette of the Order under this section.\n\n(5) This section applies despite anything to the contrary in section 61 of the **Melbourne City Link Act 1995**.\n\nS. 32B inserted by No. 62/2007 s. 14.\n\n","sortOrder":68},{"sectionNumber":"32B","sectionType":"section","heading":"Gosch's Paddock","content":"\t32B Gosch's Paddock\n\n(1) The Minister administering the **Crown Land (Reserves) Act 1978** on receiving a plan of survey signed by the Surveyor-General of the land shown hatched and the land shown cross-hatched on the plan in Part 14 of the Schedule, or those lands as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.\n\n(2) On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey to a depth of 10 metres from the surface for the purposes of a public park.\n\n(a) the Order in Council dated 9 June 1873 published in the Government Gazette dated 13 June 1873 at page 1059 is revoked to the extent that it applies to the land in the plan of survey; and\n\n(b) Crown grant Volume 600 Folio 902 is revoked to the extent that it applies to the land in the plan of survey; and\n\n(c) subject to paragraph (g), subsection (4) and section 34, the land in the plan of survey to a depth of 10 metres from the surface is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(d) the Minister for Environment and Climate Change and the Melbourne City Council cease to be trustees of any land in the plan of survey; and\n\n(e) the appointment of any committee of management is revoked to the extent that it relates to the land in the plan of survey; and\n\n(f) any regulations under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to the land in the plan of survey; and\n\n(g) the land in the plan of survey to a depth from the surface of 10 metres is deemed to be permanently reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for the purposes of a public park.\n\n(4) Nothing in this section affects the status or continuity of any easement created under section 339B of the **Land Act 1958** and existing over the land in the plan of survey immediately before the publication in the Government Gazette of the Order under this section.\n\n(5) An Order under this section must not be made before an Order is made under section 32A.\n\nPt 7 (Heading and s. 33) inserted by No. 56/1997  \ns. 10.\n\n","sortOrder":69},{"sectionNumber":"Part 7","sectionType":"part","heading":"Transitionals","content":"Part 7—Transitionals\n\nS. 33  \ninserted by No. 56/1997  \ns. 10.\n\n","sortOrder":70},{"sectionNumber":"33","sectionType":"section","heading":"Abolition of Funds and transitional","content":"\t33 Abolition of Funds and transitional\n\n(1) On the commencement of section 7 of the **Melbourne and Olympic Parks (Amendment) Act 1997**—\n\n(a) the National Tennis Centre Fund and the Olympic Park Fund are abolished;\n\n(b) any money or amounts standing to the credit of the National Tennis Centre Fund and the Olympic Park Fund immediately before that date must be taken to form part of the Melbourne and Olympic Parks Trust Fund;\n\n(c) any income received by the Trust from investments of the National Tennis Centre Fund and the Olympic Park Fund after that date must be paid into the Melbourne and Olympic Parks Trust Fund.\n\n(2) Any sums required by the Treasurer in fulfilling any liability arising under a guarantee given under section 18 or 18A as in force immediately before the commencement of section 8 of the **Melbourne and Olympic Parks (Amendment) Act 1997** shall be paid out of the Consolidated Fund which is to the necessary extent appropriated accordingly.\n\n(3) Any sums received or recovered by the Treasurer in respect of any sums paid by the Treasurer under a guarantee given under section 18 or 18A as in force immediately before the commencement of section 8 of the **Melbourne and Olympic Parks (Amendment) Act 1997** shall be paid into the Consolidated Fund.\n\nS. 34  \ninserted by No. 62/2007  \ns. 15.\n\n","sortOrder":71},{"sectionNumber":"34","sectionType":"section","heading":"Certain leases and licences not affected","content":"\t34 Certain leases and licences not affected\n\n(1) Nothing in section 30E affects the status or continuity of any lease or licence which is in existence immediately before the date of publication in the Government Gazette of an Order under that section over any land to which that Order applies.\n\n(2) Nothing in section 32B affects the status or continuity of any lease or licence which is in existence immediately before the date of publication in the Government Gazette of an Order under that section over any land to which that Order applies.\n\n(3) A lease or licence referred to in subsection (1) or (2) has effect from the publication of the relevant Order—\n\n(a) as a lease or licence between the Trust as lessor or licensor and the lessee or licensee for the time being under the lease or licence, as if it had been assigned to the Trust; and\n\n(b) as if it referred to the Trust instead of the lessor or licensor.\n\n(4) Nothing done by virtue of this section is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a lease or licence, including any provision prohibiting, restricting or regulating the assignment of the lease or licence.\n\n(5) In this section ***lease*** includes an agreement, option to renew or other interest arising under or in relation to a lease (whether or not the lease has expired) and an interest in the nature of a lease.\n\nS. 35 inserted by No. 28/2024 s. 24.\n\n","sortOrder":72},{"sectionNumber":"35","sectionType":"section","heading":"Previous decisions, matters or things of the Trust not affected","content":"\t35 Previous decisions, matters or things of the Trust not affected\n\n(1) On and from the commencement of Part 4 of the **State Sporting Legislation Amendment Act 2024**, the Trust is taken to be the same body as it was immediately before the commencement, despite the changes to the constitution of the Trust made by that Act, and no decision, matter or thing is to be affected by those changes.\n\n(2) The members of the Trust holding office immediately before the commencement of Part 4 of the **State Sporting Legislation Amendment Act 2024** continue to hold office as members after that commencement on the same terms and conditions on which they held office as members immediately before the commencement.\n\nSchedule\n\nSch. Pt 2 substituted by No. 73/1986 s. 7.\n\nPart 2—Land in the City of Melbourne\n\nSch. Pt 3 inserted by No. 90/1994 s. 8.\n\nSch. Pt 4 inserted by No. 90/1994 s. 8.\n\nSch. Pt 4A inserted by No. 42/1998  \n\nSch. Pt 5 inserted by No. 34/1995 s. 17, amended by No. 73/1996  \ns. 62.\n\n- Land as to which reservations are affected by Part 6 of this Act\n- Situation and area of land Instrument\nand Date of Reservation Description of land by reference to the Government Gazette Purpose of Reservation\n- East Melbourne, City of Melbourne, Parish of Melbourne North, County of Bourke, 10·40 hectares, being Crown Allotment 2, Section 19D Order in Council 17 March 1970 11 February 1970, page 375, and 25 March 1970, page 831 Site for recreation, convenience and amusement of the people and children's playground\n\nSch. Pt 6 inserted by No. 62/2007  \n\n![LEGL07-045]()\n\nSch. Pt 7 inserted by No. 62/2007  \n\n![LEGL07-055 VERSION 2]()\n\nSch. Pt 8 inserted by No. 62/2007  \n\n![LEGL07-046]()\n\nSch. Pt 9 inserted by No. 62/2007  \n\n![LEGL07-049 VERSION 2]()\n\nSch. Pt 10 inserted by No. 62/2007  \ns. 16, substituted by No. 41/2022 s. 20.\n\n**Part 10**\n\nSch. Pt 11 inserted by No. 62/2007  \n\n![LEGL07-051]()\n\nSch. Pt 12 inserted by No. 62/2007  \n\n![LEGL07-052]()\n\nSch. Pt 13 inserted by No. 62/2007  \n\n![LEGL07-054]()\n\nSch. Pt 14 inserted by No. 62/2007  \n\n![LEGL07-053]()\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: 17 September 1985*\n\n*Legislative Council: 16 October 1985*\n\nThe **Melbourne and Olympic Parks Act 1985** was assented to on 6 November 1985 and came into operation on 13 November 1985: Government Gazette 13 November 1985 page 4268.\n\nThe name of this Act was changed from the **National Tennis Centre Act 1985** to the **Melbourne and Olympic Parks Act 1985** by section 5 of the **Melbourne and Olympic Parks (Amendment) Act 1995**, No. 34/1995.\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 **Melbourne and Olympic Parks Act 1985** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**National Tennis Centre (Amendment) Act 1986, No. 73/1986**\n\n| Assent Date: | 6.11.86 |\n| Commencement Date: | 6.11.86 |\n\n**Victorian Arts Centre (Amendment) Act 1988, No. 77/1988**\n\n| Assent Date: | 15.12.88 |\n| Commencement Date: | 15.12.88 |\n\n**Transfer of Land (Computer Register) Act 1989, No. 18/1989**\n\n| Assent Date: | 16.5.89 |\n| Commencement Date: | 3.2.92: Government Gazette 18.12.91 p. 3488 |\n\n**National Tennis Centre (Amendment) Act 1992, No. 8/1992**\n\n| Assent Date: | 5.5.92 |\n| Commencement Date: | 5.5.92 |\n\n**Financial Management (Consequential Amendments) Act 1994, No. 31/1994**\n\n| Assent Date: | 31.5.94 |\n| Commencement Date: | Ss 1, 2 on 31.5.94: s. 2(1); s. 3, Sch. 1 (*except* item 60) on 7.7.94: Government Gazette 7.7.94 p. 1878—see **Interpretation of Legislation Act 1984**; s. 4, Sch. 2 on 1.1.95: Government Gazette 28.7.94 p. 2055. Sch. 1 item 60 was never proclaimed, repealed by No. 75/1994 |\n\n**Land (Miscellaneous Matters) and National Tennis Centre (Amendment) Act 1994, No. 90/1994**\n\n| Assent Date: | 6.12.94 |\n| Commencement Date: | Ss 3–8 on 6.12.94: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n**Melbourne and Olympic Parks (Amendment) Act 1995, No. 34/1995**\n\n| Assent Date: | 6.6.95 |\n| Commencement Date: | Ss 1, 2 on 6.6.95: s. 2(1); ss 3–23 on 5.10.95: Government Gazette 5.10.95 p. 2794; Pts 4, 5    (ss 24–28) on 9.11.95: Government Gazette 9.11.95 p. 3099 |\n\n**Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996**\n\n| Assent Date: | 17.12.96 |\n| Commencement Date: | Pt 17 (s. 62) on 5.10.95: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n**Melbourne and Olympic Parks (Amendment) Act 1997, No. 56/1997**\n\n| Assent Date: | 21.10.97 |\n| Commencement Date: | Ss 3–11 on 1.11.97: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n**Melbourne and Olympic Parks (Amendment) Act 1998, No. 42/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | 26.5.98 |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n**Melbourne City Link (Exhibition Street Extension) Act 1998, No. 50/1998**\n\n| Assent Date: | 2.6.98 |\n| Commencement Date: | 2.6.98 |\n\n**Transfer of Land (Single Register) Act 1998, No. 85/1998**\n\n| Assent Date: | 17.11.98 |\n| Commencement Date: | S. 24(Sch. item 40) on 1.1.99: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n**Statute Law Revision Act 2000, No. 74/2000**\n\n| Assent Date: | 21.11.00 |\n| Commencement Date: | S. 3(Sch. 1 item 79) on 22.11.00: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n**Melbourne City Link (Miscellaneous Amendments) Act 2000, No. 81/2000**\n\n| Assent Date: | 28.11.00 |\n| Commencement Date: | Ss 41, 42 on 14.6.02: Government Gazette 13.6.02 p. 1306 |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n**Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001**\n\n| Assent Date: | 8.5.01 |\n| Commencement Date: | S. 3(Sch. item 47) on 1.6.01: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n**Major Events (Crowd Management) Act 2003, No. 19/2003**\n\n| Assent Date: | 13.5.03 |\n| Commencement Date: | S. 31 on 1.7.03: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n**Private Security Act 2004, No. 33/2004**\n\n| Assent Date: | 1.6.04 |\n| Commencement Date: | S. 206 on 1.7.05: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 117(1)(Sch. 3 item 127) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n**Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | S. 26(Sch. item 65) on 11.10.06: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n**Melbourne and Olympic Parks Amendment Act 2007, No. 62/2007**\n\n| Assent Date: | 4.12.07 |\n| Commencement Date: | Ss 4–17 on 5.12.07: s. 2 |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| Commencement Date: | S. 10(Sch. item 110) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n**Filming Approval Act 2014, No. 51/2014**\n\n| Assent Date: | 12.8.14 |\n| Commencement Date: | S. 9(Sch. 2 item 9) on 1.3.15: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n**Melbourne and Olympic Parks Amendment Act 2016**, **No. 52/2016**\n\n| Assent Date: | 18.10.16 |\n| Commencement Date: | Ss 3, 4 on 12.12.16: Special Gazette (No. 375) 6.12.16 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n**Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017**\n\n| Assent Date: | 24.10.17 |\n| Commencement Date: | S. 84 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n**State Sport Centres Legislation Amendment Act 2022**, **No. 41/2022**\n\n| Assent Date: | 6.9.22 |\n| Commencement Date: | Ss 19, 20 on 7.9.22: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n**State Sporting Legislation Amendment Act 2024, No. 28/2024**\n\n| Assent Date: | 20.8.24 |\n| Commencement Date: | Ss 12–24 on 21.8.24: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Melbourne and Olympic Parks Act 1985** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Pt 2: Part 3 of the **Melbourne and Olympic Parks (Amendment) Act 1995**, No. 34/1995 (*repealed*) read as follows:\n\n","sortOrder":73},{"sectionNumber":"Part 3","sectionType":"part","heading":"TRANSITIONAL—NATIONAL TENNIS CENTRE AND OLYMPIC PARK","content":"  PART 3—TRANSITIONAL—NATIONAL TENNIS CENTRE AND OLYMPIC PARK\n\n  18 Definitions\n\n  In this Part—\n\n  ***Centre*** has the same meaning as in section 4 of the Principal Act immediately before the commencement of section 7;\n\n  ***committee*** means the committee of management known as Olympic Park Management and incorporated under the **Crown Land (Reserves) Act 1978** by Order in Council of 23 June 1981;\n\n  ***National Tennis Centre*** has the same meaning as in section 4 of the Principal Act as in force on and from the commencement of section 7;\n\n  ***National Tennis Centre Fund*** means the fund established under section 17 of the Principal Act as in force on and from the commencement of section 10;\n\n  ***new Trust*** means the Melbourne and Olympic Parks Trust established under the **Melbourne and Olympic Parks Act 1985** on and from the commencement of section 8;\n\n  ***old Trust*** means the National Tennis Centre Trust established under the **National Tennis Centre Act 1985** immediately before the commencement of section 8;\n\n  ***Olympic Park fund*** means the fund established under section 17A of the Principal Act as in force on and from the commencement of section 11.\n\n","sortOrder":74},{"sectionNumber":"19","sectionType":"section","heading":"Trust succeeds old Trust","content":"  19 Trust succeeds old Trust\n\n  (1) On the commencement of section 8—\n\n  (a) the old Trust is abolished and its members go out of office; and\n\n  (b) the new Trust is the successor in law of the old Trust; and\n\n  (c) all rights, assets, liabilities and obligations of the old Trust, immediately before its abolition, become rights, assets, liabilities and obligations of the new Trust; and\n\n  (d) the new Trust is substituted for the old Trust as a party to any proceeding, contract, agreement or arrangement commenced or made by, against or in relation to the old Trust; and\n\n  (e) the new Trust may continue and complete any other continuing matter or thing commenced by, against or in relation to the old Trust; and\n\n  (f) any reference to the old Trust in—\n\n  (i) an Act other than this Act; or\n\n  (ii) a subordinate instrument within the meaning of the **Interpretation of Legislation Act 1984**; or\n\n  (iii) any document whatever—\n\n  must so far as it relates to any period on or after the commencement of this section, and if not inconsistent with the context or subject matter, be taken to be a reference to the new Trust.\n\n  (2) On and from the commencement of section 8, the assets that become assets of the new Trust under sub-section (1)—\n\n  (a) if they are moneys or amounts standing to the credit of any fund or account of the old Trust, must be taken to form part of the National Tennis Centre Fund; and\n\n  (b) if they are assets in which the funds of the old Trust have been invested, must be taken to be investments of the National Tennis Centre Fund.\n\n","sortOrder":75},{"sectionNumber":"20","sectionType":"section","heading":"Trust succeeds committee","content":"  20 Trust succeeds committee\n\n  (1) On the commencement of section 8—\n\n  (a) the committee is abolished and its members go out of office; and\n\n  (b) the new Trust is the successor in law of the committee; and\n\n  (c) all rights, assets, liabilities and obligations of the committee, immediately before its abolition, become rights, assets, liabilities and obligations of the new Trust; and\n\n  (d) the new Trust is substituted for the committee as a party to any proceeding, contract, agreement or arrangement commenced or made by, against or in relation to the committee; and\n\n  (e) the new Trust may continue and complete any other continuing matter or thing commenced by, against or in relation to the committee; and\n\n  (f) any reference to the committee in—\n\n  (i) an Act other than this Act; or\n\n  (ii) a subordinate instrument within the meaning of the **Interpretation of Legislation Act 1984**; or\n\n  (iii) any document whatever—\n\n  must so far as it relates to any period on or after the commencement of this section, and if not inconsistent with the context or subject matter, be taken to be a reference to the new Trust.\n\n  (2) On and from the commencement of section 8, the assets that become assets of the new Trust under sub-section (1)—\n\n  (a) if they are moneys or amounts standing to the credit of any fund or account of the committee, must be taken to form part of the Olympic Park Fund; and\n\n  (b) if they are assets in which the funds of the committee have been invested, must be taken to be investments of the Olympic Park Fund.\n\n  (3) On and from the commencement of section 8, any guarantee issued by the Treasurer under section 14C of the **Crown Land (Reserves) Act** **1978** continues in force as if the new Trust were the Committee of Management in respect of Olympic Park.\n\n","sortOrder":76},{"sectionNumber":"21","sectionType":"section","heading":"Committee Staff","content":"  21 Committee Staff\n\n  A person who, immediately before the commencement of section 8, was a member of the staff of the committee is deemed to be employed by the new Trust on the same terms and conditions and with the same accrued or accruing entitlements as applied to that person immediately before that commencement.\n\n  22 References\n\n  (1) In—\n\n  (a) an Act;\n\n  (b) a subordinate instrument within the meaning of the **Interpretation of Legislation Act 1984**; or\n\n  (c) any document whatever—\n\n  in relation to any period occurring on or after the commencement of section 5 of this Act and unless inconsistent with the context or subject matter, a reference to the **National Tennis Centre Act 1985** must be taken to be a reference to the **Melbourne and Olympic Parks Act 1985**.\n\n  (2) In—\n\n  (a) an Act; or\n\n  (b) a subordinate instrument within the meaning of the **Interpretation of Legislation Act 1984**; or\n\n  (c) any document whatever—\n\n  in relation to any period occurring on or after the commencement of section 7 of this Act and unless inconsistent with the context or subject matter, a reference to the Centre must be taken to be a reference to the National Tennis Centre.\n\n  23 Continuation of Agreement\n\n  (1) Despite the abolition of the old Trust, the agreement continues in force on and from the commencement of section 8 as if it is an agreement between the new Trust and the Association.\n\n  (2) Subject to the Principal Act and sub-section (3), the new Trust—\n\n  (a) has the rights and powers conferred on the old Trust by the agreement; and\n\n  (b) is subject to the obligations of the old Trust under the agreement; and\n\n  (c) is responsible for carrying out the agreement.\n\n  (3) For the purposes of Part 6 of the agreement, all money paid to or expended by the old Trust in the financial year in which this section comes into operation are to be deemed to have been paid to or expended by the new Trust.\n\n  (4) In this section—\n\n  ***agreement*** means the management agreement entered into between the old Trust and the Association and dated 30 December 1993;\n\n  ***Association*** has the same meaning as in the Principal Act. [↑](#endnote-ref-2)\n\n2. S. 5: See note 1. [↑](#endnote-ref-3)\n\n3. S. 7: Section 5 of the **Victorian Arts Centre (Amendment) Act 1988**,  \nNo. 77/1988 (*repealed*) read as follows:\n\n    5 Approval of agreements\n\n  The Agreements referred to in the Schedule and any subsequent agreements to the like effect between Olympic Park Management and Victorian Arts Centre Trust or between National Tennis Centre Trust and Victorian Arts Centre Trust, are specifically authorised and approved.\n\n  \t                        **THE SCHEDULE** S. 5\n\n  Agreements relating to the sale of tickets\n\n  1. Agreement dated 28 April 1988 between Olympic Park Management and Victorian Arts Centre Trust.\n\n  2. Agreement dated 18 May 1988 between National Tennis Centre Trust and Victorian Arts Centre Trust. [↑](#endnote-ref-4)","sortOrder":77}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act was originally enacted in 1985 to manage a more limited precinct around the then-new National Tennis Centre. Over subsequent decades, as Melbourne Park expanded significantly (adding new arenas, the rectangular stadium, and adjacent facilities), the Act's scope was broadened through amendments to cover a substantially larger and more commercially diverse precinct than originally contemplated."},"complexity_factors":["Involves a specialised statutory body (the Trust) with specific governance obligations under Victorian public administration law","Intersects with multiple areas of law including property law, contract law, and public finance","Precinct boundaries and land management provisions can involve technical legal descriptions","Has been amended multiple times since 1985, meaning the current operative version differs significantly from the original","Limited complexity overall as it is primarily an administrative/governance statute rather than a regulatory or criminal law framework"],"plain_english_summary":"The Melbourne and Olympic Parks Act 1985 sets up and empowers the Melbourne and Olympic Parks Trust to manage Melbourne’s major sporting and entertainment precinct (including facilities used for the Australian Open). It governs who can use the sites, how the land and facilities are run, how public funds are handled, and the conduct rules on-site — affecting visitors, event organisers, tenants and taxpayers."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act originally focused on a National Tennis Centre but has been expanded to cover Olympic Park and broader sports, recreation and entertainment facilities and services, and to make the Trust committee of management for Gosch's Paddock (see purposes in s.3; expanded functions in s.6, including s.6(1)(e) and (fa); and land/reservation provisions in Parts 5–6A). It now combines commercial powers (leasing, fees, IP) with Crown land reservation mechanics and Ministerial approval controls, broadening both operational and territorial scope."},"complexity_factors":["Extensive land-title mechanics: multiple provisions for excising, reserving and divesting Crown land tied to survey plans and Governor in Council instruments (Parts 5, 5A, 5B, 6, 6A).","Interlocking approvals and delegations: Ministerial approvals, delegation limits for non-major leases, and consultation requirements create multi-step decision paths (ss.6(3–4),7(1)(a)(i),7AA,7A).","Cross‑legislation references: repeated reliance on Crown Land (Reserves) Act 1978, Transfer of Land Act 1958, Filming Approval Act 2014 and others, increasing interpretive burden (e.g. ss.4A,6A,16G,22).","Mixed governance and commercial powers: Trust combines public‑park committee functions with commercial leasing, contracts, IP exploitation and fee-setting (ss.6,7,17).","Detailed transitional and continuity rules tied to historical orders and schedules, plus immunity and staffing/delegation rules (ss.16A,16C,30,33, Schedule).","Penalties/regulations and enforcement mechanisms delegating removal and prosecution powers increase administrative discretion (ss.22,22A,22B).","Frequent amendments and inserted sections over time create layered obligations and exceptions (numerous amendment notes and endnotes)."],"plain_english_summary":"This Act creates the Melbourne and Olympic Parks Trust and gives it corporate powers to run, develop, lease and charge for use of the National Tennis Centre, Olympic Park and related facilities; it also provides for altering Crown land reservations for those sites (ss.5–7,17; Parts 5–6A). The Minister retains approval and delegation controls over major actions (ss.6(3–4),7A,7AA), while users, licensees and lessees pay fees and must follow Trust regulations (ss.7,17,22)."},"kimi_summary":{"_metrics":{"completionTokens":849},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally the 'National Tennis Centre Act 1985' focused solely on establishing a tennis facility. Through 24 amending Acts, scope expanded dramatically to include: Olympic Park management (1995), broader sports/recreation/entertainment facilities statewide (1997), Gosch's Paddock as public parkland (2007), extensive land acquisitions from rail and road authorities (1994-2016), filming permit coordination (2014), and most recently (2024) streamlined governance with delegated ministerial powers. The Trust evolved from a single-purpose tennis body to a multi-venue entertainment precinct manager with public park responsibilities."},"complexity_factors":["39-year legislative history with 24 amending Acts creating layered, sometimes inconsistent provisions","Multiple overlapping land management regimes: Trust powers vs Crown Land (Reserves) Act 1978 powers for Gosch's Paddock","14 separate Parts in the Schedule dealing with specific land parcels, each with unique excision/reservation mechanics","Nested approval requirements: Minister approval for leases, dual ministerial approval for Gosch's Paddock licences, delegation provisions with conditions","Extensive cross-referencing to other Acts (Crown Land (Reserves) Act 1978, Transport Act 1983, Melbourne City Link Act 1995, etc.)","Stratum/depth-specific land reservations (e.g., 'to a depth of 10 metres from the surface')","Transitional provisions preserving pre-existing leases, licences, and Trust decisions across multiple restructures","Conflict of powers provision (s. 7B) requiring hierarchical resolution between this Act and Crown land legislation"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **Melbourne and Olympic Parks Trust** — a government body that runs Melbourne's major sports and entertainment precinct, including the **National Tennis Centre** (home of the Australian Open) and **Olympic Park**.\n\n**Who it affects:**\n- **Sports fans and event-goers** — anyone attending tennis, concerts, or other events at these venues\n- **Tennis Australia and the Victorian Tennis Association** — they get guaranteed seats on the Trust's board\n- **Businesses** — those leasing space or filming at the venues\n- **The general public** — particularly users of **Gosch's Paddock**, a public park also managed by the Trust\n\n**Key things the Trust can do:**\n- Run and improve the tennis centre and Olympic Park facilities\n- Grant **leases and licences** for events, businesses, and filming\n- Charge **entry fees** for events and venue access\n- Manage **Gosch's Paddock** as a public park (with some restrictions — no long-term leases, and ministerial approval needed for major works)\n- Borrow money and invest funds\n\n**Important checks and balances:**\n- The **Minister** must approve major leases (21+ years or covering whole venues)\n- The **Governor in Council** appoints all 12 board members, including 2 nominated by Tennis Australia and 1 by the Victorian Tennis Association\n- Members can serve up to 4 years and must disclose conflicts of interest\n- The Trust must submit annual **business plans** to the Minister and report on public access to Gosch's Paddock\n\n**Land powers:**\nThe Act contains extensive machinery to **transfer land** from other government bodies (like VicTrack, Public Transport Corporation, and Crown land reserves) to the Trust's control — including complex provisions for closing roads, revoking old reservations, and updating land titles.\n\n**Why it matters:**\nThis law ensures Melbourne's premier sports precinct operates efficiently while maintaining public accountability. It balances commercial event management with public access — particularly protecting Gosch's Paddock as open parkland despite being managed by a body also running major commercial venues."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/melbourne-and-olympic-parks-act-1985","history":"/api/acts/melbourne-and-olympic-parks-act-1985/history","analysis":"/api/acts/melbourne-and-olympic-parks-act-1985/analysis","conflicts":"/api/acts/melbourne-and-olympic-parks-act-1985/conflicts","importantCases":"/api/acts/melbourne-and-olympic-parks-act-1985/important-cases","documents":"/api/acts/melbourne-and-olympic-parks-act-1985/documents"}}