{"id":"victoria-racing-club-act-2006","name":"Victoria Racing Club Act 2006","slug":"victoria-racing-club-act-2006","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176406,"registerId":"vic-victoria-racing-club-act-2006-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Victoria Racing Club Act 2006","content":"Version No. 005\n\n**Victoria Racing Club Act 2006**\n\n**No. 40 of 2006**\n\nVersion incorporating amendments as at  \n30 August 2017\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 2\n\n3 Definitions 2\n\n3A Filming Approval Act 2014 3\n\nPart 2—VRC Limited and Flemington Racecourse land 4\n\nDivision 1—Functions, powers and responsibilities of VRC Limited in respect of Flemington Racecourse 4\n\n4 VRC Limited has functions while lessee 4\n\n5 Functions of VRC Limited in respect of Flemington Racecourse land 4\n\n6 Use of Flemington Racecourse land as public racecourse 4\n\n7 Other use of Flemington Racecourse land 4\n\n8 Borrowing against Flemington Racecourse land not permitted 5\n\n9 Maintenance of buildings on the Flemington Racecourse land 5\n\n10 Erection of new buildings and improvements 5\n\n11 Further lease of land 6\n\n12 Management of land at end of lease 6\n\nDivision 2—Maintenance of Flemington Racecourse land 6\n\n13 Inspection of land and buildings by authorised officer 6\n\n14 Authorised officer to provide identification 7\n\n15 Inspection certificate 7\n\n16 Notice to repair 7\n\n17 VRC Limited may object to notice to repair 8\n\n18 VRC Limited may request extension 10\n\n19 VRC Limited must comply with notice to repair 10\n\nDivision 3—Regulations for Flemington Racecourse land 11\n\n20 Regulations 11\n\nDivision 4—Resumption of Crown lease 12\n\n21 Crown to resume possession of Flemington Racecourse land if not used as racecourse 12\n\n22 Effect of declaration 13\n\n23 Flemington Racecourse land to revert to Crown if VRC Limited wound up 13\n\n24 Compensation for buildings if Crown takes possession of Flemington Racecourse land 13\n\n25 Registrar of Titles to make necessary amendments to records 13\n\nPart 3—Transfer of property, rights and liabilities to VRC Limited 14\n\n26 Definitions 14\n\n27 Crown lease 14\n\n28 Sub-leases and licences 15\n\n29 Legal proceedings 15\n\n30 Property and rights 15\n\n31 Liabilities 15\n\n32 Race-course licence 16\n\n33 Racing-club licence 16\n\n34 Venue operator's licence 16\n\n35 On-premises licence 16\n\n36 Superseded references 16\n\n37 Taxes 17\n\n38 Validity of things done under this Part 17\n\n39 Registrar of Titles to make necessary amendments to records 18\n\nEndnotes 19\n\n1 General information 19\n\n2 Table of Amendments 21\n\n3 Amendments Not in Operation 22\n\n4 Explanatory details 23\n\n**Version No.** **005**\n\n**Victoria Racing Club Act 2006**\n\n**No. 40 of 2006**\n\nVersion incorporating amendments as at  \n30 August 2017\n\n**Preamble**\n\nThe Chairman of the committee of the Victoria Racing Club (and his or her successors), on behalf of the Victoria Racing Club, was, by operation of **The Victoria Racing Club Act 1871** and **The Victoria Racing Club Act 1956**, granted a Crown lease of land at Flemington to be used for the purpose of a public racecourse.\n\nVictoria Racing Club Limited A.C.N. 119 214 078 was incorporated under the Corporations Act on 10 April 2006.\n\nIt is expedient to provide for Victoria Racing Club Limited to be the lessee under the Crown lease and to be responsible for the management of the public racecourse and the leased land in place of the Chairman of the committee of the Victoria Racing Club.\n\nIt is also expedient to provide for the transfer of all other property, rights and liabilities held by the Victoria Racing Club or the Chairman on behalf of the Victoria Racing Club to Victoria Racing Club Limited.\n\n**The Parliament of Victoria therefore enacts as follows:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to provide for the powers, functions and responsibilities of Victoria Racing Club Limited in respect of the management of Flemington Racecourse;\n\n(b) to transfer the Crown lease vested in the Chairman of the committee of the Victoria Racing Club to Victoria Racing Club Limited;\n\n(c) to transfer all other property, rights and liabilities held by the Victoria Racing Club or the Chairman of the committee of the Victoria Racing Club on behalf of the Victoria Racing Club to Victoria Racing Club Limited;\n\n(d) to repeal **The Victoria Racing Club Act 1871**.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day to be proclaimed.\n\n(2) If this Act does not come into operation before 1 January 2007, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\n***authorised officer*** means a person appointed under Part 9 of the **Conservation, Forests and Lands Act 1987** as an authorised officer for the purposes of this Act;\n\n***Crown Land Minister*** means the Minister for the time being administering the **Crown Land (Reserves) Act 1978**;\n\n***Crown lease*** means Crown Lease Volume 1205 Folio 019 and, in Part 2, includes a lease granted under section 11;\n\nS. 3 def. of *film friendly principles* inserted by No. 51/2014 s. 9(Sch. 2 item 20.1).\n\n***film friendly principles*** has the same meaning as in the **Filming Approval Act 2014**;\n\nS. 3 def. of *film permit* inserted by No. 51/2014 s. 9(Sch. 2 item 20.1).\n\n***film permit*** has the same meaning as in the **Filming Approval Act 2014**;\n\n***Flemington Racecourse land*** means the land—\n\n(a) for the time being described in the Crown lease; and\n\n(b) any land adjoining that land that is leased to VRC Limited under the **Land Act 1958** for a purpose relating to the public racecourse;\n\n***inspection certificate*** means an inspection certificate completed under section 15(1);\n\n***Racing Minister*** means the Minister for the time being administering the **Racing Act 1958**;\n\n***Secretary*** means the body corporate established by Part 2 of the **Conservation, Forests and Lands Act 1987**;\n\n***VRC*** means the Victoria Racing Club;\n\n***VRC Limited*** means Victoria Racing Club Limited A.C.N. 119 214 078.\n\nS. 3A inserted by No. 51/2014 s. 9(Sch. 2 item 20.2).\n\n\t3A Filming Approval Act 2014\n\nThis Act is filming approval legislation within the meaning of the **Filming Approval Act 2014**.\n\nPart 2—VRC Limited and Flemington Racecourse land\n\nDivision 1—Functions, powers and responsibilities of VRC Limited in respect of Flemington Racecourse\n\n\t4 VRC Limited has functions while lessee\n\nVRC Limited has the functions, powers and responsibilities conferred on it under this Part only while it is the lessee of the Flemington Racecourse land.\n\n\t5 Functions of VRC Limited in respect of Flemington Racecourse land\n\nThe functions of VRC Limited in respect of the Flemington Racecourse land are—\n\n(a) to manage the land for the purpose of a public racecourse; and\n\n(b) to maintain and use that land for that purpose and any other purpose authorised under this Part.\n\n\t6 Use of Flemington Racecourse land as public racecourse\n\nVRC Limited may use the Flemington Racecourse land—\n\n(a) as a site for a public racecourse; and\n\n(b) for any other purpose not inconsistent with the use of the land as a public racecourse.\n\n\t7 Other use of Flemington Racecourse land\n\n(1) VRC Limited may use or grant sub-leases or licences in respect of any part of the Flemington Racecourse land for any purpose approved in writing by the Crown Land Minister.\n\n(2) The Crown Land Minister must not grant an approval under subsection (1) unless the Crown Land Minister considers that the purpose—\n\n(a) is connected with and for the benefit of horse-racing in Victoria; and\n\n(b) will not prevent or hinder the use or development of the remainder of the land as a public racecourse.\n\n(3) VRC Limited may determine the terms and conditions on which a sub-lease or licence is granted under subsection (1).\n\n\t8 Borrowing against Flemington Racecourse land not permitted\n\nVRC Limited must not charge or borrow against the Flemington Racecourse land.\n\n\t9 Maintenance of buildings on the Flemington Racecourse land\n\nVRC Limited must ensure that all buildings on the Flemington Racecourse land are maintained.\n\n\t10 Erection of new buildings and improvements\n\n(1) VRC Limited may erect or re-erect buildings and improvements on the Flemington Racecourse land if this is—\n\n(a) necessary or expedient for the use of the land as a public racecourse; or\n\n(b) not inconsistent with the use of the land as a public racecourse.\n\n(2) With the approval of the Crown Land Minister, VRC Limited may erect other buildings and other improvements on the Flemington Racecourse land.\n\n(3) The Crown Land Minister may only approve a proposal under subsection (2) if the Minister is of the opinion that the erection of the proposed new buildings or improvements will not be detrimental to the use of the Flemington Racecourse land as a public racecourse.\n\n\t11 Further lease of land\n\n(1) The Governor in Council may grant a further lease or leases of any part of the land described in Crown lease Volume 1205 Folio 019 to VRC Limited for a term not exceeding 99 years.\n\n(2) A lease granted under this section may contain options for the lessee to renew the lease for a further term or terms.\n\n(3) If the lease contains options for renewal of the lease by the lessee, the aggregate of the original term and the further term or terms must not exceed 99 years.\n\n\t12 Management of land at end of lease\n\nVRC Limited may continue to manage the Flemington Racecourse land for a period of 3 months after the end of the term of the Crown lease on the same terms as if the land were still subject to that lease.\n\nDivision 2—Maintenance of Flemington Racecourse land\n\n\t13 Inspection of land and buildings by authorised officer\n\nAn authorised officer may enter the Flemington Racecourse land at any reasonable time and on reasonable notice to inspect the land and buildings.\n\n\t14 Authorised officer to provide identification\n\nAn authorised officer must, at any time during the exercise of a power under section 13, produce evidence of his or her appointment as an authorised officer for inspection on request by an officer or employee of VRC Limited.\n\n\t15 Inspection certificate\n\n(1) After completing an inspection under section 13, an authorised officer must complete an inspection certificate if the authorised officer is of the opinion that—\n\n(a) the Flemington Racecourse land is not fit for the purposes of a public racecourse; or\n\n(b) a building on the Flemington Racecourse land is—\n\n(i) in want of repair; or\n\n(ii) unsafe to the public; or\n\n(iii) unfit for use in any other respect.\n\n(2) An inspection certificate must be provided to the Secretary as soon as possible after the inspection is completed.\n\n\t16 Notice to repair\n\n(1) The Secretary may issue a notice to repair to VRC Limited if the Secretary has been provided with an inspection certificate.\n\n(2) A notice to repair must—\n\n(a) contain a detailed statement of the matters identified by the authorised officer in the inspection certificate;\n\n(b) set out how each matter is expected to be repaired, remedied or otherwise addressed;\n\n(c) direct VRC Limited to repair, remedy or otherwise address those matters;\n\n(d) state the date by which those matters are expected to be repaired, remedied or otherwise addressed;\n\n(e) state that VRC Limited may object to the notice to repair in accordance with section 17;\n\n(f) state the date (being not less than 14 days after the date of the notice) by which the objection must be made.\n\n(3) A date set out in a notice to repair by which a matter must be addressed must be reasonable in the circumstances having regard to the nature and extent of the matters identified and must not be less than 21 days after the date of the notice.\n\n(4) The Secretary must cause a notice to repair to be served on VRC Limited by registered post addressed to the registered office of VRC Limited.\n\n\t17 VRC Limited may object to notice to repair\n\n(1) VRC Limited may object to the Crown Land Minister against a notice of repair.\n\n(2) An objection to a notice to repair must—\n\n(a) be in writing; and\n\n(b) be given to the Crown Land Minister within the time for objection set out in the notice to repair; and\n\n(c) set out the reasons for objection.\n\n(3) If VRC Limited objects under this section to a notice to repair, it is not required to comply with the notice to repair until a decision is made under this section confirming the notice to repair.\n\n(4) Before making a decision on an objection, the Crown Land Minister must consider—\n\n(a) the authorised officer's inspection certificate; and\n\n(b) the notice to repair issued by the Secretary; and\n\n(c) the reasons for the objection.\n\n(5) After considering the matters under subsection (4), the Crown Land Minister may—\n\n(a) cancel the notice to repair; or\n\n(b) confirm the notice to repair with or without variations.\n\n(6) The Crown Land Minister must advise VRC Limited of a decision under subsection (5).\n\n(7) The advice of the decision must—\n\n(a) be in writing; and\n\n(b) set out the reasons for making the decision; and\n\n(c) if the notice to repair is confirmed, set out—\n\n(i) any variations made by the Crown Land Minister; and\n\n(ii) the date by which the notice to repair must be complied with; and\n\n(d) be served on VRC Limited by registered post addressed to the registered office of VRC Limited.\n\n(8) The date for compliance set out in the advice must be reasonable in the circumstances having regard to the nature and extent of the matters identified and must not be less than 21 days after the date on which the advice was served.\n\n\t18 VRC Limited may request extension\n\n(1) VRC Limited may request the Crown Land Minister for an extension of time to comply with the notice to repair.\n\n(2) A request under subsection (1) must—\n\n(a) be in writing; and\n\n(b) set out the reasons why VRC Limited is unable to address the matters set out in the notice by the required date.\n\n(3) The Crown Land Minister may grant the request and set a new date for compliance with the notice to repair.\n\n\t19 VRC Limited must comply with notice to repair\n\nUnless the notice to repair has been cancelled under section 17, VRC Limited must comply with a notice to repair on or before the last of the following to occur—\n\n(a) the date for compliance set out in the notice;\n\n(b) if an objection has been made under section 17, the date for compliance advised under that section;\n\n(c) if a date is set by the Crown Land Minister under section 18, that date.\n\n1. 60 penalty units.\n\n\nDivision 3—Regulations for Flemington Racecourse land\n\n\t20 Regulations\n\n(1) The Racing Minister may make regulations for or with respect to—\n\n(a) the care, protection and good order of the Flemington Racecourse land; and\n\n(b) the safety of persons or animals on the Flemington Racecourse land or occupying or using any building or structure or any part of any building or structure on the Flemington Racecourse land; and\n\n(c) the imposition, collection and receipt of tolls, fees, rents or other charges for or in respect of—\n\n(i) entry on the Flemington Racecourse land or any specified part of the Flemington Racecourse land by any person, animal or vehicle; or\n\n(ii) any improvements, services or facilities on the Flemington Racecourse land (including car parks); and\n\n(d) the setting aside by VRC Limited of particular areas of the Flemington Racecourse land for specific purposes; and\n\n(e) any other matter that the Minister considers necessary or convenient to ensure that the Flemington Racecourse land is used and managed in accordance with this Act.\n\n(2) The regulations may confer and impose on VRC Limited any functions, authorities, restrictions and duties that the Minister thinks necessary.\n\n(3) The regulations may impose penalties not exceeding 20 penalty units for a contravention of the regulations.\n\n(4) The regulations and any amendment or revocation of the regulations must be published in the Government Gazette.\n\nS. 20(5) inserted by No. 51/2014 s. 9(Sch. 2 item 20.3), amended by No. 38/2017 s. 96.\n\n(5) 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\nDivision 4—Resumption of Crown lease\n\n\t21 Crown to resume possession of Flemington Racecourse land if not used as racecourse\n\n(1) If the Crown Land Minister is satisfied that—\n\n(a) VRC Limited has for a continuous period of 11 months, without the consent of the Governor in Council, ceased to maintain and use the Flemington Racecourse land as a site for a public racecourse or for a purpose authorised by or under this Part; and\n\n(b) VRC Limited has not rectified the matter within 30 days after receiving notice from the Minister to do so—\n\nthe Minister may declare by notice in the Government Gazette that the Crown lease is terminated.\n\n(2) The Crown Land Minister must not declare under subsection (1) that the Crown lease is terminated unless the Minister has first given VRC Limited an opportunity to be heard.\n\n\t22 Effect of declaration\n\nWhen a declaration is made under section 21—\n\n(a) any interest created under the lease ceases; and\n\n(b) the Crown is entitled to resume possession of the Flemington Racecourse land; and\n\n(c) the right and title of VRC Limited to the lease and the land is terminated.\n\n\t23 Flemington Racecourse land to revert to Crown if VRC Limited wound up\n\nIf VRC Limited is wound up, the right to possession of the Flemington Racecourse land reverts to the Crown.\n\n\t24 Compensation for buildings if Crown takes possession of Flemington Racecourse land\n\n(1) Before taking possession of the Flemington Racecourse land under this Division, the Crown must pay compensation for the value of all buildings and improvements on the land to VRC Limited.\n\n(2) If there is a dispute about the amount of compensation to be paid under subsection (1), the dispute must be determined in accordance with Part 10 of the **Land Acquisition and Compensation Act 1986**.\n\n\t25 Registrar of Titles to make necessary amendments to records\n\nThe Registrar of Titles, on being requested to do so and on submission of any relevant certificate of title or other document, must make any amendments to the Register that are necessary because of the operation of any provision of this Part.\n\nPart 3—Transfer of property, rights and liabilities to VRC Limited\n\n\t26 Definitions\n\nIn this Part—\n\n***commencement day*** means the day on which this Act comes into operation;\n\n***liabilities*** means all liabilities, duties and obligations, whether actual, contingent or prospective;\n\n***old Act*** means **The Victoria Racing Club Act 1871**;\n\n***old body*** means—\n\n(a) VRC; or\n\n(b) the person who is the Chairman for the time being of the committee of VRC acting on behalf of VRC; or\n\n(c) the members collectively of VRC;\n\n***property*** means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;\n\n***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective.\n\n\t27 Crown lease\n\n(1) On the commencement day the Crown lease vests in VRC Limited as lessee for the remainder of the term of the lease.\n\n(2) On and after the commencement day—\n\n(a) all references in the Crown lease to the lessee (however described) are to be read as references to VRC Limited;\n\n(b) the reference in the Crown lease to section 44 of the old Act is to be read as a reference to section 24 of this Act.\n\n\t28 Sub-leases and licences\n\n(1) Any sub-lease or licence authorised under the old Act and existing immediately before the commencement day in respect of the Flemington Racecourse land has effect on and from the commencement day as if it had been granted by VRC Limited.\n\n(2) On and from the commencement day all references to an old body in any sub-lease or licence referred to in subsection (1) are to be read as references to VRC Limited.\n\n(3) Nothing effected by this section in respect of a sub-lease or licence provides a person with a right to repudiate that sub-lease or licence.\n\n\t29 Legal proceedings\n\nOn the commencement day VRC Limited is substituted as a party to any proceeding pending in any court or tribunal to which an old body was a party immediately before the commencement day.\n\n\t30 Property and rights\n\nOn the commencement day all property and rights that, immediately before the commencement day, were vested in an old body are deemed to be vested in VRC Limited.\n\n\t31 Liabilities\n\nOn the commencement day all liabilities of an old body existing immediately before the commencement day are deemed to be liabilities of VRC Limited.\n\n\t32 Race-course licence\n\nOn the commencement day the race-course licence that immediately before the commencement day was held by or on behalf of VRC under section 24 of the **Racing Act 1958** is deemed for the purposes of that Act to be held by VRC Limited.\n\n\t33 Racing-club licence\n\nOn the commencement day the racing-club licence that immediately before the commencement day was held by or on behalf of VRC under section 24A of the **Racing Act 1958** is deemed for the purposes of that Act to be held by VRC Limited.\n\n\t34 Venue operator's licence\n\nOn the commencement day the venue operator's licence that immediately before the commencement day was held by or on behalf of VRC under the **Gambling Regulation Act 2003** is deemed for the purposes of that Act to be held by VRC Limited.\n\n\t35 On-premises licence\n\nOn the commencement day the on-premises licence that immediately before the commencement day was held by or on behalf of VRC under the **Liquor Control Reform Act 1998** is deemed for the purposes of that Act to be held by VRC Limited.\n\n\t36 Superseded references\n\nUnless the context otherwise requires, on and from the commencement day, in any Act (other than this Act), or in any instrument made under any Act or in any document of any kind, references to an old body are to be read as references to VRC Limited.\n\n\t37 Taxes\n\nNo duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of an old body.\n\n\t38 Validity of things done under this Part\n\nNothing effected by this Part—\n\n(a) is to be regarded as placing an old body, the State, a Minister or VRC Limited in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or\n\n(b) is to be regarded as placing an old body, the State, a Minister or VRC Limited in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or\n\n(d) releases any surety or other obligor wholly or in part from any obligation.\n\n\t39 Registrar of Titles to make necessary amendments to records\n\nThe Registrar of Titles, on being requested to do so and on submission of any relevant certificate of title or other document, must make any amendments to the Register that are necessary because of the operation of any provision of this Part.\n\nPt 4 (Heading and ss 40–43) repealed by No. 29/2011 s. 3(Sch. 1 item 103).\n\n* * * * *\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 30 May 2006*\n\n*Legislative Council: 15 June 2006*\n\nThe long title for the Bill for this Act was \"to provide for the functions, powers and responsibilities of Victoria Racing Club Limited in respect of Flemington Racecourse, to provide for the transfer of assets, rights and liabilities held by or on behalf of the Victoria Racing Club to Victoria Racing Club Limited, to repeal **The Victoria Racing Club Act 1871** and for other purposes.\"\n\nThe **Victoria Racing Club Act 2006** was assented to on 20 June 2006 and came into operation on 1 August 2006: Government Gazette 27 July 2006 page 1534.\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 **Victoria Racing Club Act 2006** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Statute Law Revision Act 2011, No. 29/2011**\n\n| Assent Date: | 21.6.11 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 103) on 22.6.11: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Victoria Racing Club Act 2006** |\n\n\n**Filming Approval Act 2014, No. 51/2014**\n\n| Assent Date: | 12.8.14 |\n| --- | --- |\n| Commencement Date: | S. 9(Sch. 2 item 20) on 1.3.15: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Victoria Racing Club Act 2006** |\n\n\n**Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017**\n\n| Assent Date: | 29.8.17 |\n| --- | --- |\n| Commencement Date: | S. 96 on 30.8.17: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Victoria Racing Club Act 2006** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: corporatising the governance of Flemington Racecourse. The 2014 amendment adding filming permit provisions (section 3A and section 20(5)) is a minor operational addition consistent with modern land management. The 2011 repeal of Part 4 (transitional provisions) actually narrowed the scope by removing spent provisions. The Act has not expanded beyond its core purpose of transferring the racecourse lease and assets to a corporate entity."},"complexity_factors":["Straightforward structure with only 3 Parts (one Part repealed), 39 sections total","Minimal cross-referencing - primarily references to the Racing Act 1958, Land Act 1958, and Conservation, Forests and Lands Act 1987","Clear defined terms section with 11 definitions, plus 6 additional definitions in Part 3","Procedural mechanisms (inspections, notices to repair, objections) follow linear logic without nested exceptions","Some conditional logic in sections 17 and 21 (objections and lease termination) but these are clearly structured with numbered subsections","Transfer provisions in Part 3 are standard 'successor in law' boilerplate commonly found in corporatisation statutes","Amendments are minor (filming permits in 2014, repeal of Part 4 in 2011) and do not significantly complicate the original structure"],"plain_english_summary":"This Act modernises the governance of Flemington Racecourse (home of the Melbourne Cup) by transferring control from the traditional Victoria Racing Club committee to a new corporate entity, Victoria Racing Club Limited (VRC Limited).\n\n**What it does:**\n- **Transfers the Crown lease**: The lease of Flemington Racecourse land moves from the Chairman of the Victoria Racing Club to VRC Limited, a company incorporated under corporations law.\n- **Transfers assets and liabilities**: All property, rights, debts, and legal obligations previously held by the Victoria Racing Club or its Chairman now belong to VRC Limited.\n- **Sets rules for land use**: VRC Limited must use the land primarily as a public racecourse. It can erect buildings and grant sub-leases for horse-racing related purposes with ministerial approval, but cannot borrow money using the land as security.\n- **Creates oversight mechanisms**: Government authorised officers can inspect the racecourse. If buildings are unsafe or the land is poorly maintained, the Secretary can issue a \"notice to repair.\" VRC Limited can object to these notices, with the Crown Land Minister making the final decision.\n- **Protects public interest**: If VRC Limited stops using the land as a racecourse for 11 months, the Crown can terminate the lease and take back the land. If this happens, the government must pay compensation for any buildings on the site.\n- **Updates licensing**: Various licences (race-course, gambling venue, liquor) automatically transfer to the new company.\n- **Repeals old law**: The 1871 Victoria Racing Club Act is repealed, ending the old governance structure.\n\n**Who it affects:**\n- **VRC Limited**: Now responsible for managing Flemington Racecourse.\n- **Racing fans and the public**: Ensures the racecourse remains maintained and accessible.\n- **Government**: The Crown Land Minister and Racing Minister have oversight powers.\n- **Tenants and sub-lessees**: Their agreements continue unchanged but now with VRC Limited as landlord.\n\n**Why it matters:**\nThis is a corporate restructuring of one of Australia's most iconic sporting venues. It moves governance from a 19th-century committee structure to a modern corporate framework while ensuring the land remains a public racecourse through strict use requirements and government oversight powers."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act’s core scope remains the mechanical transfer of the Flemington Racecourse lease and related assets/liabilities to a corporate lessee and the setting of lessee duties (Preamble; s 1). Subsequent amendments have made technical and limited substantive additions — for example, alignment with the Filming Approval Act 2014 (s 3A and related definitions, and s 20(5) requiring film permit regulations to follow film‑friendly principles) and a repeal of a now‑redundant Part (Pt 4). These changes broadened regulatory interaction (notably with film permitting) but did not substantially change the Act’s primary purpose or create a material new policy role beyond the original transfer and lessee‑duty framework."},"complexity_factors":["Single focused Act with 39 sections and Parts 1–3 (relatively short)","Approximately 12 defined terms in s 3 (several cross‑defined by reference to other Acts)","Multiple cross‑references to other Acts (Conservation, Filming Approval Act 2014, Crown Land (Reserves) Act 1978, Racing Act 1958, Land Act 1958, Gambling Regulation Act 2003, Liquor Control Reform Act 1998, Land Acquisition and Compensation Act 1986) increasing interpretive load","Conditional administrative processes with nested steps (inspection → inspection certificate → Secretary notice to repair → VRC objection → Minister decision → compliance/extension) (ss 13–19)","Discretionary ministerial powers (Crown Land Minister approval for non‑race uses and building approvals; Racing Minister regulation‑making) (ss 7, 10, 20)","Legal transfer mechanics and protections in Part 3 (vesting, substitution in proceedings, tax exemption, non‑breach clauses) introduce many sweeping effects despite concise drafting (ss 27–38)","Statutory ceilings and penalties referenced (20 penalty units for regulations; 60 penalty units noted for s 19)"],"plain_english_summary":"**What this Act does (mechanically)**\n\n- Transfers the Crown lease of Flemington Racecourse and all related property, rights and liabilities from the historic Victoria Racing Club (VRC) and its chairman to a new corporate entity, Victoria Racing Club Limited (VRC Limited) (Part 3, especially ss 27–31, 36–39).\n- Sets out the powers, duties and limits of VRC Limited as lessee of the Flemington Racecourse land while it holds that lease (Part 2, especially ss 4–12). Key points include:\n  - VRC Limited’s primary function is to manage and maintain the land as a public racecourse (ss 5–6).\n  - VRC Limited may grant sub-leases or licences for parts of the land only with the written approval of the Crown Land Minister and only for purposes connected with and benefiting horse-racing that will not prevent the racecourse use (s 7).\n  - VRC Limited is expressly prohibited from charging or borrowing against the Flemington Racecourse land (s 8).\n  - VRC Limited must maintain buildings on the land and may erect buildings necessary for a racecourse; other new buildings require Crown Land Minister approval (ss 9–10).\n- Creates an inspection and repair regime: authorised officers may inspect the land (s 13), produce inspection certificates (s 15), and the Secretary may issue notices to repair (s 16). VRC Limited may object, seek extensions, and must comply with confirmed notices (ss 17–19). Failure to comply can attract a penalty (see s 19 footnote).\n- Gives the Racing Minister power to make regulations about care, order, safety and charges on the Flemington Racecourse land (s 20). Regulations on film permits must be consistent with film‑friendly principles (s 20(5); s 3A declares the Act as filming approval legislation).\n- Allows the Crown to resume possession of the land (end the lease) if VRC Limited ceases to use or maintain the land as a racecourse for a continuous 11 months without Governor in Council consent and fails to rectify after notice (ss 21–22). If VRC Limited is wound up, possession reverts to the Crown (s 23). The Crown must pay compensation for buildings and improvements if it takes possession (s 24).\n- Requires the Registrar of Titles to make any necessary land title amendments occasioned by the transfers (ss 25, 39).\n\n**Who is affected**\n\n- VRC Limited: becomes the lessee and takes on all rights, property and liabilities that previously belonged to the historical VRC bodies (Part 3).\n- The Crown (via the Crown Land Minister, Governor in Council, Racing Minister and the Secretary): retains oversight and approval powers over non‑racecourse uses, major building work, and enforcement of maintenance (ss 7, 10, 16–19, 20, 21).\n- Sub‑lessees, licensees and third parties with existing agreements: their arrangements continue, but references to the old VRC bodies are read as references to VRC Limited (s 28). Transfers are protected from duty/tax charges (s 37).\n- Lenders and financiers: cannot take security over the land because charging/borrowing against the land is prohibited (s 8).\n- Users and the public: are affected by rules and fees the Racing Minister may make for entry, services and safety (s 20).\n\n**Why it matters (stated purpose and operational consequences)**\n\n- Stated purpose: to place management, rights and liabilities for Flemington Racecourse with a corporate entity (VRC Limited) and repeal the 1871 Act (s 1; Preamble).\n\n- Practical consequences and trade‑offs:\n  - Financial structure: VRC Limited assumes responsibility for upkeep and improvements (s 9), but cannot use the land as security for borrowing (s 8). That reduces one source of financing (affects lenders’ ability to take a mortgage over the land) while leaving open revenue options through minister‑approved sub‑leases and regulatory fees (s 7; s 20(c)).\n  - Regulatory and administrative discretion: several important permissions are exercised by Ministers or the Secretary (approval of non‑racecourse uses, approval of some new buildings, issuing and confirming repair notices, regulation‑making) which centralises decision‑making in government officials (ss 7, 10, 16–19, 20). That creates implementation risk and operational dependence on public decision processes.\n  - Protections for third parties and continuity: existing licences and sub‑leases continue in force and legal proceedings are simply transferred to the new company (ss 28–29). The Act also removes tax/duty barriers to effecting the transfer (s 37) and avoids treating the transfer as a contractual breach (s 38).\n  - Enforcement and compliance costs: regular inspections and a statutory notice/objection process impose compliance obligations and potential penalties on VRC Limited (ss 13–19; s 20(3)).\n  - Reversion and compensation: the Crown can resume the lease for prolonged non‑use or on winding up; the Crown must pay compensation for buildings and improvements if it repossesses (ss 21–24). This preserves public control over land use while recognising private investment in improvements.\n\n**How it affects private enterprise, competition and choice (market lens)**\n\n- Ownership and contract freedom: the Act completes a clean transfer of ownership, rights and liabilities from a traditional club form to a corporate entity and protects continuity of contracts (ss 27–31, 38). That reduces transaction costs and legal uncertainty when switching organisational form.\n- Access to finance and investment incentives: the prohibition on charging or borrowing against the land (s 8) constrains conventional mortgage‑backed lending secured on the land. VRC Limited therefore faces a narrower set of financing instruments (e.g. operating revenue, secured charges over other assets, or minister‑approved sub‑leases generating income) which can affect investment scale and timing.\n- Competitive uses of the land: the Crown Land Minister’s approval power for non‑racecourse uses and the requirement that such uses be connected to and for the benefit of horse‑racing (s 7(2)) narrows the range of commercial activities allowed, limiting alternative revenue‑generating uses and third‑party enterprise opportunities on the site.\n- Prices and fees: the Racing Minister may make regulations authorising tolls, fees and charges for entry or facilities (s 20(c)). That permits the lessee or the regulatory framework to set user prices, with the degree of discretion guided by regulation.\n\n**Costs, incentives and risks**\n\n- Who pays: VRC Limited bears maintenance and improvement costs (s 9, s 10(1)). If the Crown resumes the land, it pays compensation for buildings and improvements (s 24).\n- Incentives: because VRC Limited cannot mortgage the land, it may prefer short‑term revenue strategies (sub‑leases, events) to fund upkeep; ministerial approval requirements may slow or block some commercial opportunities (s 7).\n- Administrative burden and discretion: inspection/repair processes and multiple ministerial approvals create compliance costs and give officials discretion affecting operational decisions (ss 13–19, 7, 10, 20). That introduces a risk of delay and uncertainty in development decisions.\n- Opportunity cost: restrictions on charging the land and on allowable uses reduce the pool of potential investors and uses, which could lower the value enterprises place on the land compared with an unencumbered freehold.\n\n**Key sections to note for operational use**\n- Lease and vesting: ss 27–31, 36–39\n- Use, sub‑leasing and building work: ss 6–11\n- Inspection and repair regime: ss 13–19\n- Regulation powers and fees: s 20 (including film permit constraint in s 20(5))\n- Resumption and compensation: ss 21–24\n\n**Bottom line (mechanical summary)**\nThis Act moves the Flemington Racecourse lease and all associated rights, property and liabilities into a modern corporate lessee, establishes statutory duties to maintain the racecourse, sets limits on financing (no charging against the land), allows controlled commercial use via ministerial approval, and creates an inspection/repair enforcement mechanism and the Crown’s power to resume possession if the racecourse purpose is not maintained."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient legislative content was provided to determine whether the Act's scope changed from its original intent. The text supplied contains only version history metadata and no substantive provisions to analyse."},"complexity_factors":["Extremely limited legislative content provided — only metadata and version information, making detailed analysis impossible","Corporate governance legislation for a specific entity (the VRC) typically involves moderately complex rules around membership, powers, and property","Intersection of racing industry regulation with general corporate/association law adds some complexity","As a relatively focused single-entity Act, it is unlikely to be highly complex compared to broader regulatory frameworks","No amendments or schedules visible in the provided text to assess layering or complexity over time"],"plain_english_summary":"The Victoria Racing Club Act 2006 gives statutory recognition and legal footing to the Victoria Racing Club, the body that runs major racing events at Flemington, including the Melbourne Cup carnival. It sets out the club’s governance, powers and responsibilities and governs its role in managing Flemington Racecourse.\n\nThat affects VRC members, racing participants, event businesses and the public who attend or are impacted by VRC operations."}},"importantCases":[],"_links":{"self":"/api/acts/victoria-racing-club-act-2006","history":"/api/acts/victoria-racing-club-act-2006/history","analysis":"/api/acts/victoria-racing-club-act-2006/analysis","conflicts":"/api/acts/victoria-racing-club-act-2006/conflicts","importantCases":"/api/acts/victoria-racing-club-act-2006/important-cases","documents":"/api/acts/victoria-racing-club-act-2006/documents"}}