Caulfield Racecourse Reserve Act 2017

The Act organises a small set of legal and managerial concepts around the management of a permanently reserved parcel of Crown land described in Schedule 1. Key statutory concepts are defined and repeated through operation clauses; understanding these is essential to mapping the Trust’s powers and limits.

• The Reserve (s 3): the Act defines the Reserve as the land in Schedule 1, subject to authorised additions, excisions or revocations. Schedule 1 records the historical Orders in Council reserving the land for racing, recreation and public park purposes. The reserved status is protected by a provision that “reservation not affected” (s 48), so the Reserve continues to be permanently reserved under the historic instruments.

• The Trust (ss 5-22): the Trust is a body corporate (s 5(1)-(2)), constituted with between 5 and 7 members appointed by the Minister (s 7). The Act sets membership, meeting, conflict-of-interest and reporting rules (ss 7-18). Members are appointed for up to 3 years and may be reappointed (s 8). The Trust is a public body under the Financial Management Act 1994 and a public entity under the Public Administration Act 2004 (ss 21-22), which imports particular financial management and public sector obligations by reference.

• Functions and powers (s 6): the Trust’s core function is to manage the Reserve for racing, recreation and public park purposes, including financial management and accepting appointment as a committee of management under the Crown Land (Reserves) Act 1978 with constraints (s 6(1)-(3)). The Trust is given “all powers necessary” to perform those functions (s 6(3)).

• Land use orders (s 33): on receiving a plan of survey from the Surveyor-General, the Minister may make a land use order specifying that whole or part of the Reserve may be used for racing, recreation or public park purposes (s 33(1)). Orders are required to be published with the survey plan (s 33(2)-(4)). The Act clarifies that making an order is not intended to change the legal status of the reservation or affect leases/licences (s 33(5)).

• Event declarations (s 34): the Trust may declare events to be Caulfield Racecourse Reserve events by Gazette notice (s 34(1)). The Trust must make declarations in response to requests from the Victoria Amateur Turf Club where Racing Victoria has fixed race meeting dates (s 34(2)). Event declarations specify detailed information including person in control, area, timing, suspensions of regulations and event fees (s 34(6)). Publication timing and urgent declaration procedures are prescribed (s 34(9)-(11)).

• Setting-aside determinations (s 35): the Trust may, by Gazette determination, set aside areas for planning, development, management, care or use. Such determinations may prohibit or permit specified activities, restrict access, and confer duties or discretionary authorities; they operate for up to three years unless amended (s 35(2)-(5)). A contravention attracts a penalty of 10 penalty units (s 35(6)).

• Fees and charges (s 36): the Trust may determine and collect entry fees by Gazette determination (s 36(1)), but entry fees cannot be levied for parts used for public park purposes (s 36(2)). The Trust may differentiate fees and waive them for classes of people (s 36(3)). Determinations are published in the Gazette and take effect on publication or a specified later date (s 36(4)).

• Leases, licences and permits (ss 37-39): the Trust may grant leases with Ministerial approval (s 37(1)); leases may be up to 65 years (s 37(3)), but leases exceeding 21 years require additional Ministerial satisfaction concerning substantial works and value (s 37(4)). Licences may be granted for up to 3 years or up to 10 years with Ministerial approval (s 38(3)). Permits may be granted for events or other purposes for up to 6 months (s 39(4)). Each of these provisions expressly applies despite contrary provisions in the Crown Land (Reserves) Act 1978 and the Land Act 1958 (ss 37(7), 38(4), 39(5)).

• Planning and reporting obligations (Part 3): the Act requires strategic management planning (ss 26-30), corporate planning documents on Ministerial request (s 23), and annual reporting with specific content regarding recreation and public park use (s 31). Consultation requirements for strategic plans and prescribed publication and submission periods are set out (ss 26-28).

• Ministerial oversight mechanisms: the Minister can appoint, suspend and remove members (s 1(d), s 9), issue statements of obligations that are binding on the Trust (s 25), and give written directions which the Trust must comply with (s 19). Directions and statements require publication and provide submission rights (s 19(2)-(4), s 25(4)-(7)).

• Transition and vesting mechanics (Part 7): the Act revokes a specified Crown grant (s 45), dissolves an existing trusteeship and vests land and assets temporarily in the administering Minister until Part 2 commences (s 46), preserves and transitions specified historic leases tied to racing stables (s 47), saves and transfers leases on commencement of Part 2 (s 50), vests land in the Trust (s 51) and requires the Registrar of Titles to amend register entries as necessary (s 52).

• Filming framework overlay (s 4, s 44(3)): the Act is statutory filming approval legislation (s 4), and any regulations addressing film permits must be consistent with film friendly principles in the Filming Approval Act 2014 (s 44(3)).

Each of these concepts creates discrete decision points and compliance obligations. The Trust has operational discretion but is embedded within a governance architecture that reserves final approval rights, direction-giving and statutory obligations to the Minister, and ties the Trust into existing public sector financial and administrative statutes (ss 19, 21-22, 25).

The Act identifies and affects a bounded set of stakeholders through statutory roles, rights and duties.

• The Trust members and staff: The Act creates the Trust as a corporate entity (s 5), places governance duties on its members (conflict of interest rules at s 13; meetings and quorum rules at s 15; minimum meeting frequency at s 16(1)), and permits the Trust to appoint a chief executive officer and employees or consultants (ss 17-18). Members are appointed and remunerated by the Minister (ss 7, 8(2)); the Minister may remove members at any time (s 9). Members who acquire a pecuniary or conflicting interest must declare it and usually must not participate or vote on the matter (s 13).

• The Minister (and other Ministers): The Minister appoints, suspends and removes members, issues statements of obligations (s 25), gives written directions to the Trust that are binding (s 19(1), (3)), approves some leases and licence periods (s 37(1), (4), s 38(3)), and can direct the Trust to review strategic management plans (s 30(2)). The Minister is the temporary vesting counterparty where the Crown grant is revoked until the Trust takes over (s 46). The Minister administering the Racing Act 1958 is expressly involved in event declarations and urgent variations (s 34(2)-(4), (10)).

• Racing bodies and the Victoria Amateur Turf Club (incorporating Melbourne Racing Club): The Act specifically mentions the Club in the definition and gives it a statutory right to request event declarations for race meetings fixed by Racing Victoria (s 3 def., s 34(2)). Existing leases to the Club for the Neerim Road Stables and Western Stables are preserved through the revocation and vesting process (s 47).

• Lessees, licensees and permit-holders: The Trust may grant leases, licences and permits (ss 37-39). Lessees will be affected by conditions, term limits and the Minister’s approval role for substantial leases (s 37(4)). Existing leases identified in the transitional provisions are preserved and treated as assigned (ss 47, 50-51).

• The public and recreational users: The Act makes a specific carve-out that parts of the Reserve used for public park purposes cannot have entry fees imposed (s 36(2)). The Trust must include details on recreational and public park use in its annual report (s 31(3)), and the Department must include details of such use in its annual report (s 32). Users of the Reserve are subject to the Trust’s setting-aside determinations and regulations, and may be excluded or expelled under regulations (ss 35, 44).

• Local Council and the Department: The Trust must consult with the local Council and the Minister (including the Minister responsible for the Racing Act) when preparing the strategic management plan (s 26(3)). The Department of Energy, Environment and Climate Action is required to include details on the Reserve’s public use in its annual report (s 32).

• Surveyor-General and Registrar of Titles: The Surveyor-General’s plan triggers land use orders (s 33(1)), and the Registrar of Titles must record amendments to the land register required by the Part 7 transitional provisions (s 52).

• Financial counterparties and lenders: The Trust may open accounts with authorised deposit-taking institutions (ADIs) (s 41) and obtain financial accommodation subject to the Borrowing and Investment Powers Act 1987 (s 40). Banks and lenders will deal with the Trust’s corporate status, fund and statutory delegation/borrowing regime.

• Filmmakers and film industry bodies: The Act is filming approval legislation (s 4), and any regulations relating to film permits must not be inconsistent with film friendly principles (s 44(3)). Film permit applicants and permit-issuers will be subject to the Trust’s permitting regime and any regulations made under the Act.

• Persons with existing legal interests in the land: The Act preserves specified existing leases and related interests (s 47), prevents the revocation from constituting a default under those leases (s 47(3)(a)), and provides specific transitional assignments (ss 46, 50-51). Those with sureties or other obligations are not released by the transfer (s 47(3)(c)).

• Courts and enforcement actors: The Trust and the chief executive officer (or persons authorised by them) have standing to commence civil proceedings under the Act or regulations (s 43). The courts are vested with the role of recognising the Trust’s corporate seal as prima facie duly affixed (s 5(4)).

Who pays and who decides: The Act makes the Trust responsible for collecting fees (s 36) and managing revenues in the Trust Fund (s 42). Decisions about the use and long-term leasing of the Reserve involve both the Trust (who negotiates and proposes) and the Minister (who approves significant leases and issues binding directions) (ss 19, 37). The Minister also decides appointments and removals (ss 7-9). The Trust administers day-to-day fees, permits, licences and event declarations subject to those higher-level controls (ss 34, 36-39).

The Act creates a framework of duties and rights for the Trust, the Minister and other stakeholders by allocating planning duties, reporting obligations, regulatory powers and authorisations.

Trust duties and rights

• Core functions: The Trust is charged with planning, development, management, operation, care, promotion and use of the Reserve for racing, recreation and public park purposes and must exercise proper financial management (s 6(1)(a)-(b)). These are primary duties rather than permissive objectives.

• Corporate planning and strategic management: The Trust must prepare a draft strategic management plan and, after consultation and consideration of submissions, make and publish a strategic management plan (ss 26-28). The Trust may amend and review the plan, and must follow prescribed consultation and publication procedures (ss 29-30).

• Corporate planning documents on Ministerial request: The Minister may request corporate planning documents and prescribe form and content; the Trust must prepare and may amend such documents with Ministerial approval (s 23).

• Statements of obligations and directions: The Minister may issue binding statements of obligations (s 25(1)-(2)) and give written directions relating to the performance of the Trust’s functions including expenditure matters (s 19(1)). The Trust must comply with directions (s 19(3)). The Act prescribes notice and publication procedures for these instruments (s 19(2), (4); s 25(4)-(7)).

• Governance obligations: Members must observe conflict-of-interest rules and declare relevant pecuniary or other conflicting interests at meetings; declarations must be recorded and the member is normally excluded from deliberations and votes (s 13). The Trust must meet at least four times a year (s 16(1)).

• Regulatory powers over the Reserve: The Trust may make setting-aside determinations (s 35), determine and collect entry fees except where land is used for public park purposes (s 36(1)-(2)), and grant leases, licences and permits subject to statutory limits and Ministerial approvals (ss 37-39). The Trust can regulate use of the Reserve by delegating authorities and imposing duties via setting-aside determinations (s 35(3)(e)).

• Financial duties: The Trust must establish and maintain the Trust Fund into which receipts are paid and from which authorised payments can be made (s 42). It is a public body under the Financial Management Act, so it will be subject to financial reporting and control frameworks beyond this Act (s 21).

Ministerial duties and rights

• Appointments and removals: The Minister appoints Trust members (s 7), fixes remuneration for members (s 8(2)), and may remove a member at any time (s 9(2)).

• Directives and oversight: The Minister may give written directions to the Trust (s 19(1)) and issue a statement of obligations that the Trust must comply with (s 25(1)-(3)). The Minister must give at least 14 days’ notice before giving a direction (s 19(2)) and must publish the statement of obligations in the Government Gazette (s 25(6)-(7)).

• Lease approvals: Leases over the Reserve require Ministerial approval (s 37(1)). The Minister must be satisfied that the lease is not detrimental to the reservation purposes and is in the public interest (s 37(2)). For leases exceeding 21 years, the Minister must also be satisfied that substantial works or improvements justify the longer term (s 37(4)).

Other rights and duties

• Event declaration mechanics: The Trust may declare events to be Caulfield Racecourse Reserve events (s 34(1)). The Victoria Amateur Turf Club has a statutory right to request event declarations for race meetings fixed by Racing Victoria, which the Trust must make (s 34(2)). Event declarations set out the person in control, area, timing, fees, any suspended regulations, and other prescribed information (s 34(6)). The Trust must publish event declarations in the Government Gazette with advance notice requirements (s 34(9)) except in prescribed urgent cases where Ministers concur (s 34(10)-(11)).

• Regulatory and enforcement duties: The Governor in Council may make regulations covering planning, use, protection of persons, removal of non-compliant structures and exclusion of persons (s 44(1)). The Trust and its chief executive officer (or authorised persons) may commence civil proceedings under the Act or regulations (s 43). The Trust must comply with the Financial Management Act and Public Administration Act obligations (ss 21-22).

• Transitional duties relating to revocation and vesting: On revocation of the Crown grant, the Act requires the Trustee dissolution and temporary vesting of land, assets and liabilities in the Minister until the Trust is established (s 46). The Trust takes vesting when Part 2 commences and is substituted as party to proceedings; the Registrar is required to update title records accordingly (ss 51, 52).

Constraints and limits

• Public park fee prohibition: The Trust cannot charge entry fees for parts of the Reserve used for public park purposes (s 36(2)).

• Ministerial preconditions: Ministerial satisfaction requirements operate as legal constraints on certain disposals and long-term arrangements (s 37(2), (4)).

• Regulatory penalties and enforcement thresholds: Contravention of a setting-aside determination attracts a penalty of 10 penalty units (s 35(6)). Regulations may impose penalties up to 20 penalty units for contraventions (s 44(2)(d)).

Documentation, publication and transparency duties

• The Trust must publish strategic documents, event declarations, directions and statements in prescribed public fora , Internet site and Government Gazette , and include compliance reporting in the annual report (ss 19(4), 25(6)-(9), 27-28, 31(1), 31(3)). These are statutory rights of public access and duties of the Trust.

Collectively, these duties and rights create a structure where operational execution (fees, permits, day-to-day management, strategic planning implementation) sits with the Trust, while strategic approvals and oversight (appointments, directions, long-term leases) rest with the Minister. The Act embeds transparency by prescribing publication and reporting mechanisms and imposes statutory constraints intended to protect the Reserve’s reserved purposes.

The Act provides a limited, largely civil enforcement architecture paired with regulatory penalty-making power.

Express statutory penalties

• Setting-aside determinations: A person must not contravene a setting-aside determination. The Act prescribes a penalty of 10 penalty units for contravention (s 35(6)). The setting-aside power is exercised by the Trust by Gazette determination and can prohibit, restrict or permit activities, or prohibit access (s 35(2)-(5)).

• Regulations: The Governor in Council may make regulations for the Reserve (s 44(1)). Regulations may impose a penalty not exceeding 20 penalty units for contraventions of regulations made under the Act (s 44(2)(d)).

Enforcement standing and civil proceedings

• Commencement of proceedings: Any civil proceeding under the Act or regulations may be commenced by the Trust or a person authorised by the Trust, or the chief executive officer or a person authorised by the chief executive officer (s 43). That gives the Trust and its chief executive officer positive standing to enforce statutory instruments and to seek remedies in civil courts.

• Delegation and discretionary powers: The Trust may delegate functions (s 20), and setting-aside determinations may confer discretionary authority on specified persons (s 35(3)(e)), which creates administrative enforcement routes that may be exercised by delegated officers.

Publication and disclosure as indirect enforcement mechanisms

• Publication requirements for directions, event declarations, and strategic documents are enforcement-adjacent: directions must be published in the Government Gazette, on the Trust’s internet site and in the Trust’s annual report (s 19(4)); event declarations and variations must be published in the Gazette (s 34(1), (4), (11)); strategic management plans and amendments must be published online (ss 27-29). Publication creates public visibility that can function as a compliance check and as a precursor to any legal enforcement action.

Absence of criminal offences

• The Act does not create express criminal offences other than the penalty units attached to contraventions of setting-aside determinations and regulations. The enforcement model is predominantly civil and regulatory. The Act does not, for example, provide for criminal sanctions for failing to comply with directions or statements of obligations; compliance with directions and statements of obligations is expressed as mandatory (ss 19(3), 25(2)) but the means of enforcing compliance are not set out other than the Trust’s statutory obligations, the Trust’s obligations under the Financial Management Act and the potential for civil proceedings under s 43.

Court recognition and validity protections

• The common seal: Courts must take judicial notice of the Trust’s common seal affixed to a document and must presume that it was duly affixed until the contrary is proved (s 5(4)). This facilitates enforcement and contractual dealings by creating evidentiary presumptions for Trust instruments.

• Validity of decisions: The Act provides that a Trust act or decision is not invalid merely because of defects or irregularities in appointment, vacancies or acting member occasions (s 12). This reduces the scope for collateral attacks on Trust decisions on procedural technicalities.

Administrative enforcement levers

• Ministerial directions and statements of obligations: The Minister’s power to give directions (s 19) and issue statements of obligations (s 25), and to require the Trust to provide information about compliance (s 19(5)), functions as an administrative enforcement mechanism. The Act requires that the Trust comply with such instruments (ss 19(3), 25(2)), and requires public reporting of compliance (s 25(9)), but does not specify civil sanction for non-compliance beyond ministerial oversight and public disclosure.

Limitations on enforcement rights

• Standing for third parties: The Act does not expressly confer private right of action for members of the public to enforce the Trust’s obligations. Enforcement is explicitly reserved to the Trust, the chief executive officer and persons authorised by them for civil proceedings under the Act (s 43).

Overall enforcement architecture

• The Act relies on a combination of delegated regulatory rules with modest pecuniary penalties (10-20 penalty units), civil enforcement by the Trust and its authorised officers, administrative enforcement through Ministerial directions and statements of obligations, and publication and transparency duties that create oversight pressure. The Act eschews wide-ranging criminal sanctions and instead creates a regulated, administratively enforced regime supported by ministerial control and limited pecuniary penalties.

The Act expressly interfaces with multiple existing statutes by incorporating concepts, overriding certain provisions and importing external governance rules.

Direct statutory cross-references

• Crown Land (Reserves) Act 1978 and Land Act 1958: The Trust may accept appointment as a committee of management under the Crown Land (Reserves) Act 1978 (s 6(1)(c)) and the Act contains explicit “despite” clauses stating that sections on fees, leases, licences and permits apply despite anything to the contrary in the Crown Land (Reserves) Act 1978 and the Land Act 1958 (s 36(5) (fees), s 37(7) (leases), s 38(4) (licences), s 39(5) (permits)). Those provisions create a statutory priority for the Trust’s powers under this Act over conflicting provisions in those older Acts.

• Filming Approval Act 2014: The Act is declared to be filming approval legislation (s 4). Any regulations under the Caulfield Act dealing with film permits must not be inconsistent with film friendly principles as defined in the Filming Approval Act 2014 (s 44(3)). This imports an external regulatory standard that constrains the exercise of the Trust’s regulatory power regarding filming.

• Financial Management Act 1994: The Trust is declared a public body to which Part 7 of the Financial Management Act applies (s 21). That status brings the Trust within Victoria’s public sector financial control and reporting regime; although the Act does not reproduce those obligations, it makes them applicable to the Trust by cross-reference.

• Public Administration Act 2004: The Trust is declared a public entity within the meaning of the Public Administration Act 2004 (s 22). This subjects the Trust to public sector governance obligations that exist under that Act (for example, public sector employment, probity and accountability frameworks) without repeating them.

• Racing Act 1958: The Act requires consultation and involvement of the Minister responsible for administering the Racing Act 1958 for event declarations and land use matters connected to racing, and references Racing Victoria in the context of fixed race meeting dates (s 34(2), (3), (10)). That connects the Trust’s event-declaration powers to the racing regulatory framework.

• Transfer of Land Act 1958: The Registrar of Titles is required to make necessary recordings or amendments to the land register consequent on vesting and transitional provisions in Part 7 (s 52). This imposes a statutory duty on the land titles system to give effect to vesting changes.

• Borrowing and Investment Powers Act 1987: The Trust’s capacity to obtain financial accommodation is subject to these borrowing powers (s 40). This links the Trust’s borrowing autonomy to established borrowing controls.

Operational interactions and priority rules

• The Act contains express “despite” clauses that give its provisions primacy over contrary provisions in the Crown Land (Reserves) Act 1978 and the Land Act 1958 when dealing with fees, leases, licences and permits (ss 36(5), 37(7), 38(4), 39(5)). Practically, this means the Trust can exercise its powers under this Act even where those exercises would otherwise conflict with the older Crown land regime.

• The Trust’s publication, reporting and planning obligations create overlaps with departmental reporting requirements (s 32) and the Financial Management Act reporting frameworks (s 21). For instance, the Department of Energy, Environment and Climate Action must include Reserve-use details in its annual report (s 32), producing parallel reporting lines.

Transitional and vesting interactions

• Revocation of a specified Crown grant and subsequent vesting transfers rights and liabilities through the Minister and then to the Trust (ss 45-51). Those transfers incorporate duties of the Minister under the Crown Land (Reserves) Act 1978 by temporary vesting and then conversion to the Trust. The Act’s transitional rules are designed to preserve continuity with existing leases while making the Trust the ultimate counterparty (ss 46-51).

Regulatory layering and film permits

• Because the Act is filming approval legislation and regulations concerning film permits must comply with film friendly principles (s 44(3)), film industry regulation will be a layered product of the Filming Approval Act 2014, the Trust’s enabling provisions, and regulations made under the Caulfield Act. Any inconsistency between the Trust’s regulations and the film friendly principles would be constrained by s 44(3).

Administrative law and public sector rules

• Declaring the Trust a public body and public entity (ss 21-22) subjects the Trust to administrative law review and public sector accountability frameworks (for example, the Public Administration Act obligations on employment and probity), although the Act does not set those regimes out. Practitioners should note that actions of the Trust could be reviewable by administrative law processes and subject to public sector governance standards by virtue of ss 21-22.

Interaction with local government responsibilities

• The Trust must consult the local Council when preparing a draft strategic management plan (s 26(3)(c)), and must publish plan notices in a newspaper circulating in the municipal district (s 27(2)). This creates statutory avenues for local government input and public participation, and may intersect with local planning controls and municipal obligations.

In short, the Act is not standalone: it expressly imports and overrides parts of the Crown land regime where necessary, binds the Trust into the state’s financial and public-sector statutory architecture, and creates specific cross-links to racing and filming statutes. Those cross-references affect both legal priority and administrative processes and require practitioners to consider multiple statutory regimes in planning, property dealings, permitting and enforcement.

The version provided incorporates amendments up to 22 October 2025 and records a small set of specific amendments and statutory repeals in the endnotes and Table of Amendments.

Commencement timeline

• The Act received Royal Assent on 22 November 2017. Parts 1 (sections 1-4), Part 7 (sections 45-52) and Schedule 1 commenced on 23 November 2017 (s 2(1) and Endnotes). Parts 2-6 (sections 5-44) and Part 8 (sections 53-56) commenced on 1 August 2018 (s 2(3) and Endnotes). Note: Part 8 (ss 53-56) has been repealed by subsequent amendment (see below).

Recorded amendments and repeals

• Local Government Act 2020 (No. 9/2020): Section 390 (Schedule 1 item 12) of that Act amended definitions in s 3 of the Caulfield Act , specifically, the definition of “Council” and “municipal district” were updated to align with the Local Government Act 2020 (Table of Amendments). The Commencement Date for that amendment is recorded as 6 April 2020.

• Statute Law Revision Act 2025 (No. 41/2025): This Act made style or minor amendments to certain provisions of the Caulfield Act and is recorded as having amended s 34(10)(b) and s 32 (Table of Amendments). The amendments commenced on 22 October 2025.

• Repeals: The Table of Amendments notes that s 49(7) repealed s 49 on 1 August 2018 and that s 56 repealed Part 8 (sections 53-56) on 1 August 2019. A note in the Table of Amendments states that s 49(7) repealed s 49 and s 56 repealed Pt 8 (ss 53-56).

Endnote disclosure

• The Endnotes include a record that there were no explanatory detail entries at the time of publication, and cite the Second Reading speeches in both Houses (Legislative Assembly 24 August 2017; Legislative Council 21 September 2017). The Endnotes also include the standard Interpretation of Legislation Act 1984 commentary on headings, examples and formatting.

Practical implications of amendments

• The Local Government Act 2020 amendment updated definitional cross-references, which matters for consultation and publication obligations that require notices in the municipal district and consultation with the local Council (ss 26(3), 27(2)). Practitioners should check that notices and consultation comply with the updated statutory meanings.

• The Statute Law Revision Act 2025 entries indicate that minor drafting or formatting corrections were made to s 34(10)(b) and s 32. The Table of Amendments records these items; the Act text supplied reflects those changes (for example s 34(10)(b) as amended and s 32 as amended by No. 41/2025 s 4(Sch. 2 item 3)). Where s 34(10)(b) deals with urgent event declarations and Ministerial concurrence, the amendment may relate to the identity or role of Ministers required to concur.

• Repeals of Part 8 and s 49: Part 8 (ss 53-56) was repealed as recorded. Where transitional or residual provisions previously appeared in Part 8, those are no longer operative. Section 49 was repealed; the Table of Amendments notes s 49’s repeal occurred on commencement dates in 2018.

Where to look for further amendment history

• The Act includes an Endnote pointing to the Victorian legislation website for consolidated and current versions of the statute. Practitioners should use the official legislation portal for the authoritative running version and for any amendments post‑22 October 2025.

In sum, the Act’s substantive architecture has been largely steady since commencement. The recorded amendments are definitional and formal (alignment with the Local Government Act 2020; minor revisions under a Statute Law Revision Act), and there have been repeals of a small Part and a section noted in the endnotes. Any practitioner relying on historic versions or transitional provisions should cross-check the official consolidated version and the Registrar of Titles entries resulting from the vesting mechanics (s 52).

The statutory text and endnotes supplied do not cite any judicial decisions or administrative rulings that interpret or apply the Caulfield Racecourse Reserve Act 2017. The Act itself contains no references to case law and does not name any court decisions.

What the Act records

• The Endnotes list the Minister’s second reading speeches in the Legislative Assembly (24 August 2017) and in the Legislative Council (21 September 2017) as legislative history sources, but they do not constitute judicial interpretation. The endnotes make no mention of litigation or case law.

Implications for practitioners

• Because the Act is specific in its allocation of powers, responsibilities and transitional rules, disputes that could give rise to litigation are foreseeable even if no reported decisions are recorded in the Act. Typical categories of disputes likely to arise (and therefore where litigation could eventually occur) include: (a) challenges to the validity or exercise of a ministerial direction or statement of obligations, (b) disputes over the Minister’s satisfaction in approving long leases under s 37(2)-(4), (c) claims concerning alleged breaches of existing leases during the revocation and vesting transition (ss 46-50), (d) enforcement proceedings under setting-aside determinations or regulations where penalties are imposed (ss 35, 44), and (e) judicial review of administrative decisions made by the Trust as a public entity under the Public Administration Act 2004 or general administrative law principles.

• The Act’s provision that Trust acts or decisions are not invalid by reason of defects in appointment, vacancies or acting member occasions (s 12) reduces one common basis for challenging board decisions; litigants will need to identify other legal grounds if contesting Trust decisions.

• The Act gives standing to the Trust and the chief executive officer (or authorised persons) to commence civil proceedings under the Act (s 43). That establishes the Trust’s capacity to enforce rules privately in courts before external parties might bring counterclaims or seek relief.

Practical step for practitioners researching litigation

• The Act’s endnotes direct readers to the Victoria legislation website for up-to-date information. Practitioners should search court databases and administrative tribunal records for post-2017 decisions involving the Trust or the Reserve to identify any litigation developing after the Act’s commencement or subsequent to the version incorporated to 22 October 2025.

In short, the Act itself contains no litigation history. Where judicial interpretation is required, the statutory structure suggests predictable themes for disputes; practitioners should conduct a jurisdictional search for decisions involving the Trust, the Minister’s approvals, setting-aside determinations, and the transitional vesting of leases to determine the current state of the law beyond the statute.

This Act creates several practical traps and friction points for practitioners and stakeholders by concentrating certain controls while delegating operational duties. These are concrete mechanisms in the text that can produce unintended consequences or implementation risk.

Ministerial control and limited member security

• The Minister can remove a member at any time without stated cause (s 9(2)). Members therefore operate with limited tenure security, potentially affecting recruitment, independence and long-term strategic continuity. The Minister also sets remuneration (s 8(2)) which may influence member incentives.

Binding directions and rapid intervention

• Ministerial directions are binding on the Trust (s 19(3)) but the notice requirement is only 14 days before intention to give a direction (s 19(2)). The Act requires publication of the direction in the Government Gazette, on the Trust’s website and in the Trust’s annual report within 14 days of receiving the direction (s 19(4)). The combination of binding effect and a relatively short notice window may allow swift policy shifts that affect planned or in-progress transactions, particularly where the Trust is negotiating leases or development approvals.

Leases: long terms and Ministerial assessments

• The Trust may grant leases up to 65 years (s 37(3)) but the Minister must approve grants (s 37(1)) and be satisfied that a lease is not detrimental and is in the public interest (s 37(2)). For leases exceeding 21 years, the Minister must additionally be satisfied that proposed works or improvements are substantial and justify the term (s 37(4)). Those ministerial satisfaction tests are discretionary and unelaborated in the Act; transactional counterparties face uncertainty about practical criteria the Minister will apply.

Fee income constraints

• The Trust may determine and collect fees for entry (s 36(1)) but it cannot charge fees for entry into any part of the Reserve used for public park purposes (s 36(2)). That creates a structural limitation on revenue generation: land classified or used as public park is revenue‑free. The Act does not specify how public park use is to be demarcated in all situations beyond land use orders (s 33) and the strategic management plan process (ss 26-29), creating potential ambiguity over where fees can legally apply.

Setting-aside determinations and regulatory suspensions

• The Trust’s setting-aside determinations can permit, prohibit or restrict activities and can provide for the suspension of regulations that otherwise apply to the area (ss 35(3)(c), 35(4)). Because determinations can be broad and operate for up to 3 years (s 35(3)(b)), stakeholders could find their rights and access changed by determination without the kind of legislative scrutiny otherwise associated with permanent reservation changes. Contravention attracts a 10 penalty-unit sanction (s 35(6)), which is modest but meaningful.

Event declaration timing and urgency mechanics

• Event declarations must generally be published at least 7 days before the event (s 34(9)), but urgent declarations may be made on shorter notice if the Minister and the Minister administering the Racing Act are satisfied (s 34(10)). The amendment history shows s 34(10)(b) was adjusted by the Statute Law Revision Act 2025 (Table of Amendments), suggesting attention to which Ministers must concur. The urgent mechanism allows rapid changes, which can disrupt third-party plans or public access.

Transition and assignment of leases

• The revocation and vesting mechanics (ss 45-51) assign and transfer leases and liabilities from trustees to the Minister and later to the Trust. The Act expressly states that nothing done by the Part is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a saved lease, including assignment restrictions (s 47(3)(a)). Nevertheless, parties relying on assignment protections will need to manage administrative steps: the Minister is substituted as party to pending proceedings (s 46(e)) and the Registrar of Titles must make necessary amendments (s 52). Title updates and procedural transitions can generate practical timing and evidentiary issues.

Limited scope of enforcement remedies for third parties

• The Act gives enforcement standing to the Trust and its chief executive officer (s 43) but does not expressly provide private third parties with litigation rights to enforce Trust obligations or to challenge some administrative acts. Where a member of the public considers the Trust to have acted contrary to the Act or to public interest duties, relief may require administrative review or private law action; the Act does not create a streamlined enforcement pathway for such persons.

Interaction with film‑friendly obligations

• The Act is filming approval legislation (s 4) and limits regulations on film permits to those consistent with film friendly principles (s 44(3)). Practically, this constrains the Trust’s discretion regarding film regulation but requires the Trust and regulators to apply an external standard that may interact with reservation and park-use protections. Ensuring consistency across competing purposes (racing, recreation, public park and filming) may be operationally complex.

Public park classification ambiguity

• The Act does not set a prescriptive test for what constitutes “public park purposes” other than the Reserve’s stated reserved purposes and land use orders (s 33). That leaves some latitude for the Trust to demarcate parts of the Reserve as park versus racing or recreation, with significant consequences for fee eligibility (s 36(2)) and permitted uses. The strategic management plan and land use orders will be the practical instruments to resolve that, but the Act’s silence can produce interim ambiguity.

Publication obligations impose administrative cost

• The Trust must publish many instruments in the Government Gazette and online (ss 19(4), 25(6), 27(1), 28(2), 34(1), 35(5), 36(4)). That increases transparency, but also creates compliance costs and timing constraints that may affect transaction schedules and events.

In summary, the Act embeds mechanisms that favour ministerial oversight and public transparency while creating practical constraints on revenue, timeframes for approvals and risks during transitional vesting. Parties negotiating leases or planning events or developments should pay attention to the Minister’s approval paths, publication and consultation timelines, the public park exemption to fees, and the Trust’s setting-aside powers.

Compliance under the Act requires procedural discipline by the Trust, prospective lessees, permit‑holders and relevant government actors. Below are concrete, section-based compliance steps and practical checkpoints.

For the Trust (core administrative checklist)

• Establish corporate governance and meetings: Ensure the Trust has at least 5 members (s 7(1)) and meets at least four times per calendar year (s 16(1)). Adopt meeting procedures consistent with s 15 (quorum, chairperson duties, electronic participation) and keep minutes that record pecuniary interest declarations (s 13(2)).

• Register and use the common seal properly: Keep the common seal secured and use only as authorised; courts will presume proper affixation unless proved otherwise (s 5(3)-(4)).

• Appoint CEO and staff: Appoint a chief executive officer if required (s 17(1)) and employ staff/consultants under terms set by the Trust (s 18). Ensure delegated authorities are instrumented (s 20).

• Prepare planning documents when requested: Respond to any Ministerial request for corporate planning documents within the specified timeline and form (s 23(1)-(3)). Amend or provide further information if directed by the Minister (s 23(4)-(6)).

• Strategic management plan process: Prepare a draft strategic management plan (s 26(1)). Include required elements (strategic objectives and a long-term plan) (s 26(2)), consult required parties (s 26(3)) and publish the draft online and in newspapers with at least 28 days for submissions (ss 27(1)-(2)). After considering submissions, finalise and publish the plan (s 28). For amendments (other than minor technical ones), follow the full draft-consult-publish sequence (s 29(3)).

• Produce and publish statements of obligations and directions: If the Minister issues statements of obligations or directions, ensure publication in Government Gazette and the Trust’s website as required and include compliance reporting in the annual report (ss 19(4), 25(6)-(9)).

• Event declarations and permits: For events, make event declarations in the Government Gazette with required content (s 34(6)) and timing (s 34(9)). For urgent events, comply with the exceptional procedural requirements and consult the required Ministers (s 34(10)-(11)). Ensure permits for events or other purposes are granted in accordance with s 39 and for permitted durations (s 39(4)).

• Fees and charges: Any determination to charge entry fees must be published in the Gazette (s 36(4)). Do not impose fees for parts used for public park purposes (s 36(2)). Implement fee differentiation and waiver policies transparently (s 36(3)).

• Leases and licences: For leases, obtain Ministerial approval (s 37(1)) and ensure the Minister’s satisfaction tests are addressed in ministerial submissions (s 37(2)-(4)). For licences longer than 3 years, secure Ministerial approval where needed (s 38(3)). Record covenants and conditions and ensure they are approved by the Minister when the lease is submitted (s 37(6)).

• Setting‑aside determinations and regulations: If making a setting-aside determination, publish it in the Gazette and ensure it specifies scope, duration (not exceeding 3 years), and permitted/prohibited activities (s 35(2)-(5)). Be aware of the penalty for contravention (s 35(6)). Where regulations are necessary, ensure they are consistent with film friendly principles if they address film permits (s 44(3)).

• Financial compliance: Open accounts with ADIs as required (s 41); establish and maintain the Trust Fund and ensure receipts and authorised disbursements are handled according to s 42. Comply with the Financial Management Act obligations applicable to a public body (s 21).

• Annual reporting: Prepare an annual report under Part 7 of the Financial Management Act that includes details of use of the Reserve for recreation and public park purposes in the preceding financial year (s 31(1), (3)).

For lessees, licensees and prospective developers

• Verify Ministerial approval requirements: If the transaction is a lease, verify whether Ministerial approval is required (s 37(1)) and for terms exceeding 21 years prepare submissions that demonstrate substantial works, value and public interest (s 37(4)).

• Check existing lease preservation and transition: For historic leases (Neerim Road and Western Stables), confirm that transitional protections under s 47 apply and that the lease will be treated as between the Minister (during the interim) and later the Trust (s 47(2), s 50).

• Title updates and assignment implications: Ensure the Registrar of Titles records necessary amendments after vesting (s 52) and be attentive to any assignment-restrictions in the lease documents even though the Act states that assignment via the revocation and vesting is not to be regarded as constituting breach (s 47(3)(a)).

For event organisers and the Victoria Amateur Turf Club

• Event declaration procedure: Where race meeting dates are fixed by Racing Victoria, request event declarations as provided for (s 34(2)). The Trust is required to make those event declarations (s 34(2)).

• Comply with event declaration content and timing: Ensure event organisers understand that declarations must specify area, timing, person in control and fees (s 34(6)) and that the Trust must publish declarations in accordance with prescribed timing (s 34(9)-(11)).

For filmmakers and film permit applicants

• Consistency with film friendly principles: Any film permit regime under the Act must be consistent with film friendly principles (s 44(3)). When applying for film permits, engage early with the Trust and ensure applications align with the Trust’s strategic plan, event declaration requirements and any setting-aside determinations affecting the location.

For the Department and local Council

• Reporting and consultation obligations: The Department must include Reserve-use details in its annual report (s 32). The local Council must be consulted on the draft strategic management plan (s 26(3)(c)); ensure the Trust’s public notices are published in a newspaper circulating in the municipal district (s 27(2)).

Practical document and timing checklist

• Government Gazette publication is frequently required: directions (s 19(4)), event declarations and variations (s 34(1), (4), (11)), setting-aside determinations (s 35(5)), fee determinations (s 36(4)) and statements of obligations (s 25(6)). Account for Gazette timelines in project schedules.

• Allow for statutory consultation windows: Draft strategic management plans and statements of obligations require a minimum 28-day submission window (ss 27(1)(c), 25(5)). Factor these into planning and budgeting.

• Records and minutes: Record pecuniary interest declarations in meeting minutes (s 13(2)), and maintain clear records sufficient to evidence compliance with Ministerial directions and statements of obligations (ss 19(5), 25(9)).

Delegations and authorisations

• Use the delegation power (s 20) for day-to-day operations but retain ministerially sensitive approvals centrally: delegate operational functions to members, the CEO or staff for permitting and enforcement, but ensure leases and ministerially sensitive approvals are escalated for Ministerial sign-off where required (s 37).

By following the statutory publication, consultation and approval processes and by mapping transaction timelines against Gazette and submission windows, the Trust and stakeholders can reduce legal and operational risk. The Act’s cross-references to other statutes (Financial Management Act, Public Administration Act, Borrowing and Investment Powers Act, Filming Approval Act) mean compliance programmes should include those regimes in their internal compliance frameworks.