Kardinia Park Stadium Act 2016 (Victoria)

This Act establishes a statutory trust, the Kardinia Park Stadium Trust (the Trust), and creates a statutory framework for the management, reservation and commercial use of specified land at Kardinia Park in Geelong. Mechanically the Act does the following.

Creates the Trust as a body corporate with powers to acquire, hold and dispose of property and a separate common seal (s5). The Trust has express functions to care for, improve, operate and promote the Kardinia Park Trust Land for sports, recreation, entertainment and related activities and to manage parking and related services (s6(1)(a)-(d), (f)). The Trust may also accept appointment as committee of management of Crown land (s6(1)(e)).
Provides for appointment, terms and removal of the Trust’s part‑time members (chairperson plus 4-8 other part‑time members) by the Governor in Council on the Minister’s recommendation, and prescribes standard governance rules such as meetings, quorum, voting and conflict declarations (ss7-16, 13).
Establishes an executive layer: the Trust may appoint a Minister‑approved chief executive officer (CEO) (s17) and employ officers, employees and consultants (s18). The CEO can be appointed for up to five years and cannot be removed without Ministerial approval (s17).
Creates a dedicated Kardinia Park Trust Fund for all monies received in relation to the Trust’s land, and specifies permitted payments out of that fund, including operational costs and debt servicing (ss25-25(3)). The Trust may borrow in accordance with the Borrowing and Investment Powers Act 1987 and maintain bank accounts (ss23-24).
Re‑reserves land and transfers management: the Act revokes earlier permanent reservations and provides for temporary Crown reservations, and it empowers the Governor in Council to make Orders that designate land as Kardinia Park Stadium Land or Kardinia Park Trust Land, with associated effects (ss26-29). Existing leases and agreements held by the Council are preserved and, on relevant Orders coming into effect, taken to be granted by the Trust or entered into by the Trust (ss26(4), 29(5), 43).

Version No. 006

Kardinia Park Stadium Act 2016

No. 7 of 2016

Version incorporating amendments as at
21 August 2024

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 2

3 Definitions 2

4 Filming Approval Act 2014 3

Part 2—Kardinia Park Stadium Trust 4

5 Establishment of Trust 4

6 Functions and powers of Trust 4

7 Members of the Trust 5

8 Terms and conditions of appointment 6

9 Resignation and removal of members 7

10 Vacancies 7

10A Acting chairperson 7

11 Acting members 8

12 Validity of decisions of Trust 8

13 Pecuniary and other interests of members 9

14 Membership not an office of profit 9

15 Convening of meetings 10

16 Procedure of meetings 10

17 Chief executive officer 11

18 Other officers and employees 11

19 Power of Minister to give directions 11

20 Delegation 12

21 Business plan 12

22 Annual report 13

Part 3—Financial provisions 14

23 Borrowing powers of Trust 14

24 Accounts 14

25 Kardinia Park Trust Fund 14

Part 4—Management of Kardinia Park Trust Land 16

26 Re-reservation of Kardinia Park 16

27 Re-reservation of land reserved for recreation of elderly people 18

28 Kardinia Park Stadium Land Order 19

29 Kardinia Park Trust Land Order 20

31 Power to grant leases 22

31A Minister may delegate approval power under section 31 in relation to leases that are not major leases 24

32 Power to grant licences 24

33 Infringements 25

Part 5—Event management declarations for Kardinia Park events 26

34 Event management declarations 26

35 Content of event management declaration 26

36 Management of Kardinia Park 27

37 Suspension of functions, duties and powers 28

38 Powers in relation to agreements and arrangements 29

39 Suspension of local laws 29

40 Transitional provisions—event management declaration 30

41 Event management area to be restored 30

Part 6—General 31

42 Regulations 31

Part 7—Transitional and consequential provisions 33

Division 1—Transitional provisions 33

43 Transitional provisions 33

═══════════════

Endnotes 37

1 General information 37

2 Table of Amendments 39

3 Explanatory details 40

Version No. 006

Kardinia Park Stadium Act 2016

No. 7 of 2016

Version incorporating amendments as at
21 August 2024

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The purposes of this Act are—

(a) to establish the Kardinia Park Stadium Trust to administer the Kardinia Park Trust Land and other land and facilities for the purposes of sports, recreation, entertainment, and related social and other activities; and

(b) to provide for the promotion, use, operation and management of the Kardinia Park Trust Land; and

(c) to provide for the Trust to contribute to the economy, community and liveability of the Geelong region and the State in the performance of the Trust's functions and powers; and

(d) to provide for the planning, development, promotion, use, operation and management of any other sports, recreation, entertainment, or related social or other facilities and services for which the Trust has responsibility; and

(e) to provide power to re-reserve land at Kardinia Park; and

(f) to make consequential amendments to the Geelong (Kardinia Park) Land Act 1950, the Filming Approval Act 2014, the Major Sporting Events Act 2009 and the Borrowing and Investment Powers Act 1987.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 October 2016, it comes into operation on that day.

3 Definitions

In this Act—

S. 3 def. of Central Plan Office repealed by No. 53/2017 s. 78.

chairperson means a member appointed as the chairperson of the Trust under section 7(1)(a);

Council means the Greater Geelong City Council;

event management declaration means a declaration made under section 34 in respect of a Kardinia Park event;

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

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

Kardinia Park means—

(a) the land reserved in accordance with section 26(2); and

(b) the land described as Crown Allotment 2007, City of Geelong, Parish of Corio, County of Grant; and

Kardinia Park Stadium Land means land to which a Kardinia Park Stadium Land Order applies;

Kardinia Park Stadium Land Order means an Order in Council made under section 28;

Kardinia Park Trust Land means—

(a) Kardinia Park Stadium Land; and

(b) any land specified in a Kardinia Park Trust Land Order as Kardinia Park Trust Land;

Kardinia Park Trust Land Order means an Order in Council made under section 29;

land includes a stratum of land;

S. 3 def. of major lease inserted by No. 28/2024 s. 5.

major lease means a lease that—

(a) is for a term of 21 years or more; or

(b) is over the whole of the Kardinia Park Stadium Land;

member means a person appointed to the Trust under section 7(1);

Trust means the Kardinia Park Stadium Trust established by section 5.

4 Filming Approval Act 2014

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

Part 2—Kardinia Park Stadium Trust

5 Establishment of Trust

(1) The Kardinia Park Stadium Trust is established.

(2) The Trust—

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

(d) is capable of acquiring, holding and disposing of real and personal property; and

(e) is capable of doing or suffering anything which by law a body corporate may do or suffer.

(3) The common seal must be kept as directed by the Trust and must not be used except as authorised by the Trust.

6 Functions and powers of Trust

(1) The Trust has the following functions—

(a) to be responsible for the care, improvement, use and promotion of the Kardinia Park Trust Land as facilities for sports, recreation, entertainment, and related social and other activities;

(b) to be responsible for the proper financial management of the Kardinia Park Trust Land;

(c) to provide for the planning, development, promotion, use, operation and management of other sports, recreation and entertainment facilities and services in Victoria for which the Trust has responsibility;

(d) to provide for the planning, development, promotion, management, operation and use of facilities and services for car parking and other necessary services to be used in conjunction with any of the facilities operated or managed by the Trust;

(e) to accept appointment and act as a committee of management of Crown lands;

(f) to be responsible for the operation and management of the Kardinia Park Trust Land with the objective of contributing to the economy, community and liveability of the Geelong region and the State;

(g) to perform any other function conferred on or given to the Trust by or under this Act or any other Act.

(2) The Trust must not perform any of its functions with respect to land, facilities or services outside the Kardinia Park Trust Land or exercise any powers in relation to those functions without the approval of the Premier, the Treasurer and the Minister.

(3) The Trust has all powers necessary to perform its functions.

7 Members of the Trust

(1) The Trust consists of the following members appointed by the Governor in Council, on the recommendation of the Minister—

(a) one part-time member appointed as the chairperson;

(b) not fewer than 4 and not more than 8 other part-time members.

(2) In making a recommendation under subsection (1), the Minister must consider—

(a) a person's capacity to carry out the functions of the Trust; and

(b) any qualifications and experience that the Minister considers appropriate.

8 Terms and conditions of appointment

(1) A member of the Trust—

(a) is appointed for the term, specified in the member's instrument of appointment, not exceeding 3 years; and

(b) subject to subsection (3), is eligible for re‑appointment; and

(2) A member other than a member who is—

(a) a member of the Legislative Council or the Legislative Assembly; or

(b) an employee of the public service within the meaning of the Public Administration Act 2004—

is entitled to receive any remuneration, fees or allowances, if any, that are fixed from time to time for that member by the Minister.

(3) A person who has been a member of the Trust for 9 consecutive years and ceases to hold office as a member is not eligible for re-appointment unless—

(a) that person is, or immediately before the expiry of the ninth consecutive year was, the chairperson; or

(b) a period of 3 years or more has elapsed since that person was last a member of the Trust.

(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Trust in respect of the office of member.

9 Resignation and removal of members

(1) A member of the Trust may resign in writing sent to the Minister.

(2) The Governor in Council at any time may remove a member of the Trust.

10 Vacancies

The office of a member becomes vacant if—

(a) the member becomes bankrupt; or

(b) the member is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence; or

(d) the member resigns or is removed under section 9.

S. 10A inserted by No. 28/2024 s. 6.

10A Acting chairperson

(1) The Minister may appoint a member of the Trust to act as the chairperson during a period of vacancy if—

(a) the office of chairperson of the Trust becomes vacant under section 9 or 10; or

(b) the chairperson of the Trust is unable to perform the duties of office of chairperson because of illness or otherwise.

(2) A person appointed to act as chairperson under subsection (1)—

(a) has the rights, powers and duties of the chairperson for whom that person acts; and

(b) is entitled to receive any remuneration, fees or allowances, if any, that are fixed from time to time for the chairperson by the Minister.

11 Acting members

(1) The Minister may appoint a person to act as a member during a period of vacancy if—

(a) the office of a member of the Trust becomes vacant under section 9 or 10; or

(b) a member of the Trust is unable to perform the duties of office of member because of illness or otherwise.

(2) A person appointed to act as a member under subsection (1)—

(a) has the rights, powers and duties of the member for whom that person acts; and

(b) is entitled to receive any remuneration, fees or allowances, if any, that are fixed from time to time for that member by the Minister.

12 Validity of decisions of Trust

An act or decision of the Trust is not invalid merely because of—

(a) a defect or irregularity in, or in connection with, the appointment of a member; or

(b) a vacancy in the membership of the Trust; or

13 Pecuniary and other interests of members

(1) As soon as practicable after the relevant facts have come to a member's knowledge, a member must declare the nature of the interest at a meeting, if that member—

(a) has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Trust; or

(b) has an interest which would conflict with the proper performance of the member's duties in relation to a matter being considered or about to be considered by the Trust.

(2) A person presiding at a meeting at which a declaration is made must make a record of the declaration in the minutes of the meeting.

(3) After a declaration is made by a member under subsection (1)—

(a) unless the Trust otherwise directs, the member must not be present during any deliberation with respect to that matter; and

(b) the member is not entitled to vote on that matter.

(4) Despite subsection (3), if a declaration is made by a member under this section and that member subsequently votes on a matter which is the subject of the declaration, the vote must be disallowed.

14 Membership not an office of profit

A member of the Trust is not taken, by reason of being such a member of the Trust, to hold an office or place of profit under the Crown which would prevent the member sitting, voting, being elected or continuing as a member of the Legislative Council or Legislative Assembly.

15 Convening of meetings

(1) The Trust must hold at least 4 meetings in any calendar year.

(2) Subject to subsection (3), the chairperson is responsible for convening the meetings of the Trust.

(3) The chairperson must convene a meeting of the Trust if the chairperson receives a written request from at least 2 members to hold a meeting.

16 Procedure of meetings

(1) The chairperson must preside at a meeting of the Trust at which the chairperson is present.

S. 16(2) amended by No. 28/2024 s. 7.

(2) If the chairperson is absent, and there is no acting chairperson, the members present at the meeting must elect one of those members to preside at the meeting.

(3) A majority of members for the time being constitutes a quorum of the Trust.

(4) A question arising at a meeting must be determined by a majority of votes of members present and voting on that question.

(5) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote.

(6) The Trust may allow members to participate in a meeting by electronic or other means of communication.

(7) Subject to this Act, the Trust may regulate its own proceedings.

17 Chief executive officer

(1) The Trust may appoint a person approved by the Minister as the chief executive officer of the Trust for the term specified in the person's instrument of appointment, not exceeding 5 years.

(2) Subject to this Act, the chief executive officer holds office on the terms and conditions specified in the instrument of appointment.

(3) The chief executive officer is eligible for re‑appointment.

(4) The Trust must not remove the chief executive officer from office without the approval of the Minister.

18 Other officers and employees

(1) The Trust may engage any other officers or employees that are necessary for the performance of the Trust's functions.

(2) The Trust may engage any consultants that it requires to perform its functions.

(3) The Trust may determine the terms and conditions of appointment, employment or engagement.

19 Power of Minister to give directions

(1) The Minister may give the Trust directions in relation to the performance of its functions and duties and the exercise of its powers under this Act.

(2) The Trust must comply with a direction given under subsection (1).

(3) The Trust must give the Minister any information the Minister requires to assist the Minister to determine whether the Trust has complied with a direction.

20 Delegation

The Trust, by instrument, may delegate any function, duty or power of the Trust, other than this power of delegation, to—

(a) one or more members of the Trust; or

(b) the chief executive officer; or

21 Business plan

(1) The Trust must—

(a) prepare a business plan each year; and

(b) provide a copy of the proposed business plan to the Minister each year on or before a date as determined by the Minister.

(2) The proposed business plan must be in, or to the effect of, a form approved by the Minister and must include—

(a) a statement of corporate intent, being information about the objectives, main undertakings, activities, accounting policies, performance measures of the Trust and information about how the planned activities of the Trust are proposed or designed to contribute to the economy, community and liveability of the Geelong region and the State; and

(b) financial statements containing information requested by the Minister; and

(3) The Trust must consider any comments on the proposed business plan that are made to it by the Minister within 2 months after the plan is submitted to the Minister.

(4) Following the communication of any comments from the Minister under subsection (3), the Trust must—

(a) consult in good faith with the Minister; and

(b) make any changes to the plan that are agreed between the Minister and the Trust; and

22 Annual report

The Trust must prepare an annual report of operations for each financial year under Part 7 of the Financial Management Act 1994.

Note

The Trust is required to prepare an annual report despite section 46(2) of the Financial Management Act 1994.

Part 3—Financial provisions

23 Borrowing powers of Trust

The Trust may obtain financial accommodation subject to and in accordance with the powers conferred on it under the Borrowing and Investment Powers Act 1987.

24 Accounts

The Trust may open and maintain one or more accounts in the name of the Trust with any ADI.

25 Kardinia Park Trust Fund

(1) The Trust must establish and maintain a fund called the Kardinia Park Trust Fund.

(2) There must be paid into the Kardinia Park Trust Fund—

(a) all money received by or paid to the Trust in respect of the Kardinia Park Trust Land and any other land, facilities or services managed or operated by the Trust; and

(b) all money required or authorised by or under this Act or any other Act to be paid into the Kardinia Park Trust Fund; and

(3) Money may be paid out of the Kardinia Park Trust Fund—

(a) in payment or discharge of the debts and liabilities of the Trust in, or in connection with, the performance and exercise of the functions and powers of the Trust in relation to—

(i) the Kardinia Park Trust Land; and

(ii) any other land, facilities or services managed or operated by the Trust; or

(b) in payment of the costs of the management of the Kardinia Park Trust Land and any other land, facilities or services managed or operated by the Trust or the provision of services on that land or at those facilities, including the costs of employing and engaging people for the purposes of managing and operating the land, the facilities or the provision of services; or

(i) authorised or required to be paid out of the Kardinia Park Trust Fund under this Act; or

(ii) agreed to jointly by the Trust and the Minister to be paid out of the Kardinia Park Trust Fund.

Part 4—Management of Kardinia Park Trust Land

26 Re-reservation of Kardinia Park

(1) On the commencement of this section—

(a) the permanent reservation of the land described in the First Schedule to the Geelong (Kardinia Park) Land Act 1950 (less authorised excisions made by the Revocation and Excision of Crown Reservations Act 1955 and the Revocation and Excision of Crown Reservations Act 1980) as a site for a public park is revoked; and

(b) the permanent reservation of the land described in the Second Schedule to the Geelong (Kardinia Park) Land Act 1950 as a site for public recreation is revoked; and

(c) subject to this section, the land referred to in subsection (1)(a) is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(d) subject to this section, the land referred to in subsection (1)(b) is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.

(2) On the revocation of a reservation of land under subsection (1)—

(a) the land described as Crown Allotments 11 and 14 of Section 31B and Crown Allotment 2025, City of Geelong, Parish of Corio, County of Grant is taken to be temporarily reserved under the Crown Land (Reserves) Act 1978 for the purposes of a public park; and

(b) the land described as Crown Allotment 12 of Section 31B, City of Geelong, Parish of Corio, County of Grant is taken to be temporarily reserved under the Crown Land (Reserves) Act 1978 for the purposes of public recreation; and

(c) if any land referred to under subsection (1) is not re-reserved under paragraphs (a) and (b), that land is taken to be temporarily reserved under the Crown Land (Reserves) Act 1978 for the purposes of public recreation.

(3) Despite subsection (1), the Council continues to be the committee of management of land at Kardinia Park appointed under the Geelong (Kardinia Park) Land Act 1950 until a Kardinia Park Stadium Land Order or a Kardinia Park Trust Land Order is made in respect of that land.

(4) Nothing in this section affects the status and continuity of any lease, licence or other agreement entered into by the Council and in force immediately before the commencement of this section in respect of land referred to in subsection (1)(a) or (b).

(5) Nothing effected by this section—

(a) is to be regarded as placing any person in a breach of or as constituting a default under any provision prohibiting, restricting or regulating the assignment of a lease, a licence or an agreement referred to in this section; or

(b) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or

27 Re-reservation of land reserved for recreation of elderly people

(1) On receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan numbered LEGL./15-497 lodged in the Central Plan Office, or that land as nearly as practicable, the Minister administering the Crown Land (Reserves) Act 1978 may recommend to the Governor in Council the making of an Order under this section.

(2) The Governor in Council, by Order published in the Government Gazette, may make an Order referred to in subsection (1) reserving the land in the plan of survey for the purposes of public recreation.

(3) On the publication in the Government Gazette of an Order under this section—

(a) the Order in Council dated 6 March 1956 published in the Government Gazette dated 14 March 1956 is revoked to the extent that it applies to the land in the plan of survey; and

(b) subject to paragraph (e), the land in the plan of survey is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(c) the appointment of any committee of management of the land in the plan of survey is revoked to the extent that it relates to that land; and

(d) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land; and

(e) that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purposes of public recreation.

28 Kardinia Park Stadium Land Order

(1) On receiving a plan of survey signed by the Surveyor-General of the whole or any part of the land shown hatched on the plan numbered LEGL./15-504 lodged in the Central Plan Office, or that land as nearly as practicable, the Minister administering the Crown Land (Reserves) Act 1978 may recommend to the Governor in Council the making of an Order specifying that the land or any part of the land shown in the plan of survey be Kardinia Park Stadium Land.

(2) The Governor in Council, by Order published in the Government Gazette, may make an Order referred to in subsection (1) specifying that the land to which the Order applies is Kardinia Park Stadium Land.

(3) An Order made under subsection (2) must include a copy of the plan of survey specifying the land to which the Order applies.

(4) On the date on which an Order under this section takes effect—

(a) subject to section 43 and paragraph (d), the land to which the Order applies is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b) the appointment of any committee of management of the land to which the Order applies is revoked to the extent that it relates to that land; and

(c) any regulations applying to the land to which the Order applies are revoked to the extent that they apply to that land; and

(d) the land to which the Order applies is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, in particular, sports, recreation, entertainment, and related social and other activities; and

(e) the land to which the Order applies becomes part of the Kardinia Park Trust Land and the Trust becomes responsible for the operation and management of that land.

(5) An Order under this section must not be made before an Order is made under section 27.

29 Kardinia Park Trust Land Order

(1) On receiving a plan of survey signed by the Surveyor-General of the whole or any part of Kardinia Park, the Minister administering the Crown Land (Reserves) Act 1978 may recommend to the Governor in Council the making of an Order specifying that the land or any part of the land shown in the plan of survey be Kardinia Park Trust Land.

(2) The Governor in Council, by Order published in the Government Gazette, may make an Order referred to in subsection (1), specifying that the land to which the Order applies is Kardinia Park Trust Land.

(3) An Order made under subsection (2) must include a copy of the plan of survey specifying the land to which the Order applies.

(4) On the date on which an Order under this section takes effect—

(a) subject to subsections (5) and (6) and paragraph (d), the land to which the Order applies is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b) the appointment of any committee of management of the land to which the Order applies is revoked to the extent that it relates to that land; and

(c) any regulations applying to the land to which the Order applies are revoked to the extent that they apply to that land; and

(e) the land to which the Order applies becomes part of the Kardinia Park Trust Land and the Trust becomes responsible for the operation and management of that land.

(5) Nothing in this section affects the status and continuity of any lease, licence or other agreement entered into by the Council and in force immediately before the commencement of a Kardinia Park Trust Land Order in respect of land to which the Order applies and such leases, licences or agreements are taken to be leases, licences or agreements, as the case requires, granted by or entered into by the Trust under this Act.

(6) Nothing effected by this section—

(b) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or

(7) More than one Order may be made under this section.

S. 30 repealed by No. 28/2024 s. 8(1).[1]

31 Power to grant leases

(1) With the approval of the Minister, the Trust may grant a lease of the whole or any part of the Kardinia Park Trust Land, or any other land managed by the Trust.

(2) The Minister must not approve the granting of a lease under subsection (1) unless the Minister is satisfied that, to the extent that the lease applies to a stratum of land—

(a) the lessee for the time being under the lease can obtain reasonable access to and use of the land to be leased; and

(b) the granting of the lease will not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and

(c) provision has been made for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and

(d) provision has been made for any necessary rights of passage or provision of services to or through the stratum, where those rights are reasonably necessary for the reasonable enjoyment of the stratum or other land; and

(e) if the surface of the land above the stratum is a road, the exercise of any of the lessee's rights or obligations under the lease will not interfere with the public use of that land as a road.

(3) A lease may be for a term not exceeding 50 years.

(4) A lease granted under subsection (1)—

(a) may contain provision for the term of the lease to be extended one or more times, but the aggregate of the initial term and any extensions of the term must not exceed 50 years; and

(b) may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease; and

(c) is subject to any covenants, exceptions, reservations and conditions that are determined by the Trust and approved in writing by the Minister.

(5) This section applies despite anything to the contrary in the Crown Land (Reserves) Act 1978 and the Land Act 1958.

S. 31A inserted by No. 28/2024 s. 9.

31A Minister may delegate approval power under section 31 in relation to leases that are not major leases

(1) Subject to subsection (2), the Minister, by instrument, may delegate the Minister's approval power under section 31 to—

(a) the Secretary of the Department of the Minister administering this Act; or

(b) a person or class of person employed under Part 3 of the Public Administration Act 2004 as an executive within the meaning of that Act in the Department of the Minister administering this Act.

(2) A delegation under subsection (1)—

(a) must only be in relation to a lease over the Kardinia Park Stadium Land; and

(b) must only be in relation to a lease that is not a major lease; and

(d) may be subject to any conditions or limitations that the Minister specifies in the instrument of delegation.

Note

See also sections 42 and 42A of the Interpretation of Legislation Act 1984.

32 Power to grant licences

(1) The Trust may grant a licence to enter and use the whole or any part of the Kardinia Park Trust Land or any other land managed by the Trust.

(2) A licence granted under this section—

(a) must not be inconsistent with the purposes for which the Kardinia Park Trust Land is reserved; and

(b) may be for a period not exceeding 3 years or, with the approval of the Minister, a period not exceeding 10 years; and

(3) This section applies despite anything to the contrary in the Crown Land (Reserves) Act 1978 and the Land Act 1958.

33 Infringements

(1) A police officer, or an officer or employee authorised by the Trust, may serve an infringement notice on any person that the police officer, officer or employee has reason to believe has committed a prescribed offence.

(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

(3) The infringement penalty for an offence referred to in subsection (1) is the prescribed penalty in respect of the offence.

Part 5—Event management declarations for Kardinia Park events

34 Event management declarations

S. 34(1) amended by No. 28/2024 s. 10(a).

(1) The Minister, by Order published in the Government Gazette, may declare an event to be a Kardinia Park event.

S. 34(2) amended by No. 28/2024 s. 10(b).

(2) The Minister must not make an event management declaration under subsection (1) unless the Minister is satisfied that—

(a) the event is suitable to be held on land at Kardinia Park Trust Land; and

(b) the event is of significance to the Geelong region or the State.

(3) The Minister must give a copy of an event management declaration to the Council within 7 days after the declaration is published in the Government Gazette.

35 Content of event management declaration

(1) An event management declaration must include the following information—

(a) the date on which the declaration takes effect;

(b) the period for which the declaration applies, being a period not exceeding one year after the date on which the declaration takes effect;

(d) the times and dates during which the Kardinia Park event is to take place;

(e) the area of Kardinia Park to which the declaration applies, described in writing or by way of map or other document;

(f) a statement that the Trust takes control of the area of Kardinia Park to which the declaration applies for the times and dates during which the Kardinia Park event takes place;

(g) any functions, duties and powers conferred on the Trust during the Kardinia Park event in accordance with section 36;

(h) the provision of any car parking on land at Kardinia Park during a Kardinia Park event in accordance with section 36;

(i) any functions, duties and powers of the Council suspended during the Kardinia Park event in accordance with section 37;

(j) any powers conferred on the Trust to enter into agreements or arrangements with an event organiser in accordance with sections 36 and 38;

(k) any local laws suspended in accordance with section 39;

(l) any transitional provisions made in accordance with section 40.

(2) An event management declaration may be made in relation to more than one Kardinia Park event.

36 Management of Kardinia Park

(1) An event management declaration may provide that the Trust is to have specified functions, duties and powers in relation to Kardinia Park during a Kardinia Park event.

(2) The functions, duties and powers specified in an event management declaration may include powers of the Trust to do any of the following—

(a) to enter into agreements or arrangements with an event organiser;

(b) to organise, facilitate or undertake an event;

(d) to impose, collect and retain fees;

(e) to perform any function or duty or exercise any power conferred by any other Act on the Council in relation to its appointment as committee of management of Kardinia Park, or on the Trust.

(3) An event management declaration cannot confer any power on the Trust to permit the use of Kardinia Park for a purpose that is inconsistent with the reservation of the land unless the purpose is connected with the Kardinia Park event.

(4) Despite section 17E of the Crown Land (Reserves) Act 1978, car parking may be provided on land at Kardinia Park by the Trust during a Kardinia Park event without the approval of the Minister administering the Crown Land (Reserves) Act 1978.

37 Suspension of functions, duties and powers

(1) An event management declaration may provide for all or specified functions, duties and powers of the Council in relation to its appointment as committee of management of Kardinia Park to be suspended for the times and dates during which a Kardinia Park event takes place.

S. 37(2) amended by No. 28/2024 s. 11.

(2) The Minister must not make an event management declaration to suspend any functions, duties and powers of the Council in respect of its appointment as committee of management of Kardinia Park unless the Minister is satisfied that the suspension is necessary for the purposes of the Kardinia Park event.

(3) If an event management declaration provides for the suspension of any functions, duties or powers of the Council, during the period of suspension the Council must not—

(a) perform any function or duty, or exercise any power that is suspended; or

(b) perform any other function or duty or exercise any other power in a manner that is inconsistent with an event management declaration or the purpose of a declaration.

38 Powers in relation to agreements and arrangements

The power conferred on the Trust by an event management declaration to enter into agreements or arrangements with an event organiser may include agreements or arrangements relating to—

(a) the organisation or conduct of the Kardinia Park event; or

(b) the occupation and use by the event organiser of any part of the area to which the declaration applies; or

(c) the fees to be charged by the event organiser for entry into the area to which the declaration applies and the payment of fees by the event organiser to the Trust.

S. 39 amended by No. 9/2020 s. 390(Sch. 1 item 58).

39 Suspension of local laws

Any local laws made under the Local Government Act 2020 that apply to Kardinia Park continue to apply for the times and dates during which a Kardinia Park event takes place unless—

(a) the event management declaration provides for the suspension of those local laws; or

(b) the local laws are inconsistent with the purposes of the event management declaration.

40 Transitional provisions—event management declaration

An event management declaration may contain provisions of a transitional nature consequent on the making of the declaration, including—

(a) provisions for the construction of references in any instrument or in any other document of any kind; or

(b) provisions relating to the end of a Kardinia Park event.

41 Event management area to be restored

The Trust, immediately after each Kardinia Park event, must restore or ensure the restoration of the area to which an event management declaration applies to a condition reasonably comparable to its condition before the start of the event.

Part 6—General

42 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) the control, management and use of the Kardinia Park Trust Land, any other land managed by the Trust and any facilities or services managed or operated by the Trust; and

(b) the prohibition or regulation of any activity on the Kardinia Park Trust Land, any other land managed by the Trust and any facilities or services managed or operated by the Trust; and

(c) the protection of persons on the Kardinia Park Trust Land and any other land managed by the Trust, and using any facilities or services managed or operated by the Trust; and

(d) the removal of any structures or other works which do not comply with the requirements of the Trust or in respect of which a lease, licence, permit or agreement has expired or has been cancelled; and

(e) the exclusion or expulsion of persons found contravening the regulations from the Kardinia Park Trust Land or any other land managed by the Trust; and

(f) the administration by the Trust of proposals regarding the naming of the Kardinia Park Trust Land and any other land managed by the Trust, in accordance with the Geographic Place Names Act 1998; and

(g) prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations—

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstance; and

(d) may prescribe infringement offences and infringement penalties for the purposes of section 33; and

(e) may prescribe penalties not exceeding one penalty unit for infringement offences prescribed under paragraph (d); and

(f) may impose a penalty not exceeding 10 penalty units for a contravention of the regulations; and

(g) may apply, adopt or incorporate any matter contained in any document issued or adopted by any person whether—

(i) wholly or partially or as amended by the regulations; or

(ii) as issued or adopted at the time the regulations are made or at any time before then; or

(iii) as issued, prescribed or published from time to time.

(3) Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.

Part 7—Transitional and consequential provisions

Division 1—Transitional provisions

43 Transitional provisions

(1) On the commencement of the Kardinia Park Stadium Land Order, the following leases granted by the Council with respect to Kardinia Park Trust Land and in force immediately before that commencement are taken to be leases granted by the Trust under section 31—

(a) a lease for the exclusive use of areas of the Kardinia Park Stadium entered into by the Council with Basketball Victoria Incorporated, A0006883X on 27 May 2014;

(b) a lease for the exclusive use of areas of the Kardinia Park Stadium entered into by the Council with Barwon Sports Academy Incorporated, A0049723T on 1 July 2015;

(c) a lease for the exclusive use of areas of the Kardinia Park Stadium entered into by the Council with Victorian Tennis Association Incorporated, A0015774V on 1 July 2015;

(d) a lease for the exclusive use of areas of the Kardinia Park Stadium entered into by the Council with Football Federation Victoria Incorporated, A0014492Y on 1 February 2015;

(e) a lease for the exclusive use of areas of the Kardinia Park Stadium entered into by the Council with Football Federation Victoria Incorporated, A0014492Y on 1 July 2013;

(f) a lease for the exclusive use of areas of the Kardinia Park Stadium entered into by the Council with Victorian Cricket Association, ACN 004 128 812 on 1 February 2015;

(g) a lease for the exclusive use of areas of the Kardinia Park Stadium entered into by the Council with Geelong Football Club Limited, ACN 005 150 818 on 12 October 2009;

(h) a lease for the exclusive use of areas of the Kardinia Park Stadium entered into by the Council with Leisure Networks Association Incorporated, A0019936C on 1 July 2013.

(2) On the commencement of the Kardinia Park Stadium Land Order, the following agreements entered into by the Council with respect to Kardinia Park Trust Land and in force immediately before that commencement are taken to be agreements entered into by the Trust—

(a) a user or operational agreement for areas of the Kardinia Park Stadium entered into by the Council with Geelong Football Club Limited, ACN 005 150 818 on 12 October 2009;

(b) a user or operational agreement for areas of the Kardinia Park Stadium entered into by the Council with AFL Barwon Football Commission Limited, ABN 90 160 417 845 on 2 August 2015;

(c) a user or operational agreement for areas of the Kardinia Park Stadium entered into by the Council with Geelong Football Club Limited, ACN 005 150 818 on 23 June 2015;

(d) a user or operational agreement for areas of the Kardinia Park Stadium entered into by the Council with Australian Football League, ACN 004 155 211 on 13 April 2015;

(e) an agreement for the management and operation of match days entered into by the Council with Melbourne Victory Limited, ABN 62 111 441 868 on 10 December 2014;

(f) the contract for the maintenance of the Daktronics 15HD LED Scoreboard at the Kardinia Park Stadium entered into by the Council with Outdoor Elements Pty Ltd, ABN 90 097 363 801 on 1 July 2014;

(g) the contract for the management of the "Big Screen" Daktronics 15HD LED Scoreboard at the Kardinia Park Stadium entered into by the Council with Geelong Football Club Limited, ACN 005 150 818 and Momentum Energy Pty Ltd ABN 42 100 569 159 on 28 May 2013;

(h) the contract for the provision of turf management services at the Kardinia Park Stadium entered into by the Council with Pitchcraft Pty Ltd, ABN 52 129 006 631 on 1 December 2013;

(i) the contract for the provision of cleaning services at the Kardinia Park Stadium entered into by the Council with QuayClean Australia Pty Ltd, ABN 40 102 238 933 on 6 February 2012.

(3) Nothing effected by this section—

(a) is to be regarded as placing any person in a breach of or as constituting a default under any provision prohibiting, restricting or regulating the assignment of the relevant lease or agreement referred to in this section; or

(b) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or

S. 44 repealed by No. 7/2016 s. 44(4).

Pt 7 Div. 2 (Heading and ss 45–49) repealed by No. 7/2016 s. 49.

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 11 November 2015

Legislative Council: 10 December 2015

The long title for the Bill for this Act was "A Bill for an Act to establish the Kardinia Park Stadium Trust to administer certain land and facilities at Kardinia Park, to provide the functions and powers of the Trust, to provide power to re-reserve land at Kardinia Park, and to make consequential amendments to the Geelong (Kardinia Park) Land Act 1950 and other Acts and for other purposes."

The Kardinia Park Stadium Act 2016 was assented to on 1 March 2016 and came into operation on 16 March 2016: Special Gazette (No. 55) 15 March 2016 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes 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.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All 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).

• Examples, diagrams or notes

All 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).

• Punctuation

All 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).

• Provision numbers

All 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).

• Location of "legislative items"

A "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.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Kardinia Park Stadium Act 2016 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Kardinia Park Stadium Act 2016, No. 7/2016

Assent Date:	1.3.16
Commencement Date:	Ss 44(4), 49 on 16.3.16: Special Gazette (No. 55) 15.3.16 p. 1
Note:	S. 49 repealed Pt 7 Div. 2 (ss 45–49) on 1.10.17; s. 44(4) repealed s. 44 on 16.3.18
Current State:	This information relates only to the provision/s amending the Kardinia Park Stadium Act 2016

Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017

Assent Date:	24.10.17
Commencement Date:	S. 78 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1
Current State:	This information relates only to the provision/s amending the Kardinia Park Stadium Act 2016

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 58) on 1.7.21: s. 2(4)
Current State:	This information relates only to the provision/s amending the Kardinia Park Stadium Act 2016

State Sporting Legislation Amendment Act 2024, No. 28/2024

Assent Date:	20.8.24
Commencement Date:	Ss 5–11 on 21.8.24: s. 2
Current State:	This information relates only to the provision/s amending the Kardinia Park Stadium Act 2016

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3 Explanatory details

S. 30 (repealed): See section 8(2) and (3) of the State Sporting Legislation Amendment Act 2024, No. 28/2024, in relation to this repeal.

Section 8(2) and (3) read as follows:

8 Section 30 repealed

(2) The Kardinia Park Advisory Committee established by section 30 of the Kardinia Park Stadium Act 2016 is abolished.

(3) A person holding office as a member of the Kardinia Park Advisory Committee under section 30(3) of the Kardinia Park Stadium Act 2016 immediately before the commencement of this Part—

(a) ceases to hold that office; and

(b) is not entitled to any remuneration or compensation because of the loss of that office. ↑

1 Kardinia Park Stadium Act 2016

Version No. 006

Kardinia Park Stadium Act 2016

No. 7 of 2016

Version incorporating amendments as at
21 August 2024

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 2

3 Definitions 2

4 Filming Approval Act 2014 3

Part 2—Kardinia Park Stadium Trust 4

5 Establishment of Trust 4

6 Functions and powers of Trust 4

7 Members of the Trust 5

8 Terms and conditions of appointment 6

9 Resignation and removal of members 7

10 Vacancies 7

10A Acting chairperson 7

11 Acting members 8

12 Validity of decisions of Trust 8

13 Pecuniary and other interests of members 9

14 Membership not an office of profit 9

15 Convening of meetings 10

16 Procedure of meetings 10

17 Chief executive officer 11

18 Other officers and employees 11

19 Power of Minister to give directions 11

20 Delegation 12

21 Business plan 12

22 Annual report 13

Part 3—Financial provisions 14

23 Borrowing powers of Trust 14

24 Accounts 14

25 Kardinia Park Trust Fund 14

Part 4—Management of Kardinia Park Trust Land 16

26 Re-reservation of Kardinia Park 16

27 Re-reservation of land reserved for recreation of elderly people 18

28 Kardinia Park Stadium Land Order 19

29 Kardinia Park Trust Land Order 20

31 Power to grant leases 22

31A Minister may delegate approval power under section 31 in relation to leases that are not major leases 24

32 Power to grant licences 24

33 Infringements 25

Part 5—Event management declarations for Kardinia Park events 26

34 Event management declarations 26

35 Content of event management declaration 26

36 Management of Kardinia Park 27

37 Suspension of functions, duties and powers 28

38 Powers in relation to agreements and arrangements 29

This Act revolves around a compact set of statutory concepts that structure governance, land status and event control.

Kardinia Park, Kardinia Park Stadium Land, Kardinia Park Trust Land (definitions, s3). The Act distinguishes the specific subset of land to be designated by order as "Kardinia Park Stadium Land" (s28) and the broader "Kardinia Park Trust Land" which can include stadium land and any other land specified in a Trust Land Order (s3, s29). The Governor in Council makes Orders (s28(2), s29(2)) following a plan of survey signed by the Surveyor‑General (s28(1), s29(1)).
Trust as a statutory corporation (s5). The Trust is a body corporate with perpetual succession and property capacity; it holds a common seal and is separately accountable (s5(2)). It has specific functions and all powers necessary to perform those functions (s6(1), s6(3)).
Ministerial control and oversight (ss7, 19, 31(1)). The Minister recommends members for appointment (s7(1)), may issue binding directions to the Trust (s19(1)-(2)), and must approve leases (s31(1)). The Minister receives and approves the Trust’s business plan and may comment on it (s21). The CEO requires Ministerial approval for appointment and may only be removed with Ministerial consent (s17).
Financial architecture (ss23-25). The Trust operates its own Kardinia Park Trust Fund into which it must pay all moneys relating to the land and from which operational and authorised payments are made (s25). The Trust can borrow under the Borrowing and Investment Powers Act (s23) and hold accounts with ADIs (s24).
Leases, licences and “major lease” concept (s3, s31-31A, s32). A "major lease" is defined as a lease of 21 years or more or a lease over the whole stadium land (s3). The Trust can grant leases up to 50 years (s31(3)) but must obtain Minister approval for leases generally (s31(1)); the Minister can delegate approval for non‑major leases to senior departmental officers (s31A).
Event management declarations (ss34-41). The Minister may declare an event to be a Kardinia Park event if satisfied of suitability and significance (s34). An event management declaration specifies date, area, duration and confers control on the Trust for those times (s35(1)(a)-(f)). Declarations can confer functions on the Trust to enter into agreements with event organisers, collect fees, fix access times, provide car parking and suspend certain Council functions and local laws where specified (ss36-39). The Trust must restore the area after an event (s41).
Preservation and transition of existing arrangements (ss26(4)-(5), 29(5)-(6), 43). The Act preserves existing leases, licences and agreements entered into by Greater Geelong City Council and takes specified existing leases and agreements to be Trust leases and agreements upon commencement of a Stadium Land Order (s43(1)-(2)). The Act expressly provides that those effects do not constitute breaches or terminations for assignment, remedy or surety purposes (s26(5), s29(6), s43(3)).

Mechanically, these concepts distribute decision authority: the Governor in Council formalises land designation; the Minister appoints and directs, and approves major commercial arrangements; and the Trust executes management, commercial transactions, event operations and day‑to‑day governance. The Act links statutory land status, commercial leasing powers and event control into a single institutional vehicle.

The Act allocates decision rights, obligations and revenue streams among particular actors. The principal affected parties and how they are affected are as follows.

The Trust (s5-6). The Trust is the primary actor charged with care, improvement, promotion, operation and appropriate financial management of Kardinia Park Trust Land (s6(1)(a)-(b), (f)). The Trust is responsible for planning, development, car parking and for entering leases and licences under Ministerial approval rules (ss21, 31-32).
The Minister and Governor in Council (ss7, 28-29, 31, 34). The Minister recommends Trust members to the Governor in Council (s7(1)). The Governor in Council makes the key re‑reservation and land designation Orders (ss27-29). The Minister may direct the Trust (s19) and must approve leases and the appointment and removal of the CEO (ss17, 31(1)).
Greater Geelong City Council (Council) (s26(3), s37). The Council is the outgoing committee of management under the Geelong (Kardinia Park) Land Act 1950 until the relevant Orders are made (s26(3)). The Act preserves existing Council leases and agreements until the Trust assumes responsibility (s26(4), s29(5)). During a declared Kardinia Park event the Minister may specify suspension of some or all Council functions in relation to its committee of management role (s37(1)-(3)).
Commercial lessees, licensees and event organisers. Entities holding existing leases or agreements listed in the transitional provision (s43) have their arrangements taken to be Trust leases or agreements when the Stadium Land Order commences (s43(1)-(2)). Future lessees may obtain leases up to 50 years under Ministerial‑approved terms (s31). Event organisers will interface with the Trust for event approvals, access fees and occupation arrangements where an event management declaration applies (ss34-38).
Members of the public and stadium visitors. The Trust may set opening and closing times, collect and retain fees during events (s36(2)(c)-(d)), and impose regulations under s42 that can exclude or expel persons for contraventions (s42(1)(e)). During declared events the Trust is stated to "take control" of the area for those times (s35(1)(f)).
Local government law and regulators. Local laws made under the Local Government Act 2020 continue to apply unless the event management declaration suspends them or they are inconsistent with the declaration’s purposes (s39). Other Acts implicated by the Act include the Crown Land (Reserves) Act 1978, the Filming Approval Act 2014 (the Act is film‑friendly legislation, s4) and the Financial Management Act 1994 (annual reporting, s22).
Trust employees and consultants (ss17-18). The Trust employs staff, engages consultants and determines terms and conditions; the CEO must be Minister‑approved (s17). Members (including part‑time members) are entitled to remuneration fixed by the Minister except where they are parliamentarians or public servants (s8(2)).

Who pays and who decides. The Trust receives revenues from activities on Trust land into a dedicated fund (s25(2)), and allocates payments for operations, debt and agreed items from that fund (s25(3)). The Minister decides appointments (s7), lease approvals (s31), and may declare events (s34) and direct the Trust (s19). The Trust decides day‑to‑day operations, commercial terms within Ministerial approvals, event agreements when empowered by a declaration (ss36, 38).

The Act therefore affects public administration (transfer of committee of management functions), commercial counterparties (lessees, licensees, event organisers), local government operational capacity during events and stadium users who may face fees, access restrictions and local rules set by the Trust and regulations.

The Act creates duties and rights across distinct actors: the Trust, its members and officers, the Minister, the Council, lessees and event organisers. Key legal obligations and entitlements follow.

Duties and powers of the Trust

Core functions and powers: to care for and promote the land, to manage facilities and car parking, to manage finances and to perform any functions conferred by the Act (s6(1)(a)-(d), (f)-(g)). The Trust has "all powers necessary" to perform its functions (s6(3)).
Financial duties: to establish and maintain the Kardinia Park Trust Fund and to deposit specified moneys into it (s25(1)-(2)). Payments out of the Fund are limited to debts and liabilities related to the Trust’s land, management costs, and amounts authorised by the Act or agreed with the Minister (s25(3)).
Corporate governance duties: to prepare a business plan annually in a form approved by the Minister and provide it by a date set by the Minister; to consider Ministerial comments within two months, to consult in good faith and deliver a completed plan within three months (s21(1)-(4)). To prepare an annual report under the Financial Management Act 1994 (s22).
Meetings and conflict rules: minimum of four meetings a year (s15(1)); members must declare pecuniary and conflicting interests as soon as practicable, record declarations and generally refrain from participation and voting on declared matters (s13(1)-(4)).
Event and restoration duties: where an event management declaration confers control, the Trust takes control of the area for the specified times (s35(1)(f)) and must restore the area to a condition reasonably comparable to its pre‑event state immediately after each event (s41).

Rights and obligations relating to property and commercial arrangements

Leasing and licensing rights: the Trust may grant leases (s31) and licences (s32), subject to the Minister’s approval for leases and to specified term limits for licences (s32(2)). Leases may be up to 50 years and may include rights to extend, subject to aggregate term limits (s31(3)-(4)). Licences are generally up to three years or up to 10 with Minister approval (s32(2)(b)).
Ministerial approval: the Minister must approve leases and is empowered to delegate approval for non‑major leases to senior departmental officers (s31(1), s31A). The Minister also approves the CEO and may issue directions to the Trust which are binding (s17(1), s19(1)-(2)).
Event‑specific powers: an event management declaration can confer powers on the Trust to enter into agreements with event organisers, impose and collect fees, control opening hours and provide parking (s36(1)-(2), s38). Declarations may also suspend Council functions (s37) and some local laws (s39) where consistent with the declaration.

Members’ duties and protections

Members’ appointment and tenure: members are appointed by Governor in Council on the Minister’s recommendation and hold office for terms up to three years, eligible for re‑appointment subject to tenure limits (ss7-8). A member’s office becomes vacant on bankruptcy, conviction of indictable offences, absence without leave, resignation or removal (s10).
Conflict rules and remuneration: members must declare interests (s13), and non‑parliamentary/non‑public service members are entitled to remuneration fixed by the Minister (s8(2)). Membership is not an office of profit that would disqualify parliamentarians (s14).

Council duties and constraints

Committee of management: the Council remains committee of management until a Kardinia Park Stadium Land Order or Trust Land Order is made (s26(3)). An event management declaration can suspend Council functions in relation to its committee of management role for the declared period (s37(1)). During suspension the Council must not perform the suspended functions or act inconsistently with the declaration (s37(3)).

Enforcement and regulatory apparatus

Infringements and regulations: police or authorised Trust officers may serve infringement notices for prescribed offences (s33). Regulations may create infringement offences, prescribe penalties (up to one penalty unit for infringement offences, s42(2)(d)-(e)) and impose penalties up to 10 penalty units for contravening regulations (s42(2)(f)). Regulations can incorporate external documents (s42(2)(g)) and must not be inconsistent with film friendly principles when dealing with film permits (s42(3)).

Rights to continuity and protection of contractual expectations

Preservation of leases and agreements: the Act expressly preserves the status and continuity of leases and agreements previously entered by the Council that are in force (s26(4), s29(5), s43(1)-(2)). It also provides that nothing in the re‑reservation or transfer provisions is to be regarded as a breach, a condition for termination, or release of a surety or obligor (s26(5), s29(6), s43(3)).

Overall, the Act creates a statutory manager with broad commercial powers and a constrained but significant supervisory relationship with the Minister and, in event contexts, with the Council. It creates duties of transparency (business plan, annual report), financial ringfencing (Trust Fund) and site restoration after events.

The Act establishes an enforcement framework concentrated in delegated regulatory instruments, authorised officers and infringement processes. Enforcement operates at three layers: infringement notices, regulatory offences, and administrative directions.

Infringement notices and prescribed offences (s33)

A police officer, or an officer or employee authorised by the Trust, may issue an infringement notice where they have reason to believe a person has committed a prescribed offence (s33(1)). The Act treats these offences as "infringement offences" within the meaning of the Infringements Act 2006 (s33(2)).
The infringement penalty is "the prescribed penalty" for the offence (s33(3)). The regulations may prescribe what those infringement offences are and their corresponding penalties (s42(2)(d)-(e)).

Regulations and penalty limits (s42)

The Governor in Council may make regulations covering the control, management and use of the Trust land, prohibitions on activity, protection of persons, removal of non‑complying structures, exclusion or expulsion, naming and other matters necessary to give effect to the Act (s42(1)(a)-(g)).
Regulations may prescribe infringement offences and penalties for the purposes of s33 (s42(2)(d)); for such infringement offences the regulations may prescribe penalties not exceeding one penalty unit (s42(2)(e)). The regulations may also impose penalties not exceeding 10 penalty units for contraventions of regulations (s42(2)(f)). These numeric maxima frame the regulatory penalty exposure under the Act.
Regulations may be of general or limited application, may vary by time and place, and may confer discretionary authority or impose duties on specified persons or classes (s42(2)(a)-(c)). They may also adopt external documents (s42(2)(g)).

Authorised officers and police

Enforcement powers under s33 rely on police and Trust‑authorised officers to investigate and serve infringement notices. The Act does not create bespoke arrest, search or seizure powers; it relies on infringement and existing police powers.

Ministerial directions and administrative compliance (s19)

The Minister may issue directions to the Trust relating to the performance of its functions and duties and the exercise of its powers (s19(1)). The Trust must comply with directions (s19(2)). The Trust is also required to supply the Minister with information to determine compliance (s19(3)). Compliance with Ministerial directions is an administrative duty enforceable through public law mechanisms and political accountability rather than a specified criminal penalty in the Act.

Restoration obligation after events (s41)

The Trust must restore or ensure restoration of the event management area to a condition reasonably comparable to its pre‑event condition "immediately after each Kardinia Park event" (s41). The duty is expressed as a statutorily mandated operational obligation; the Act does not specify a penalty for failure, so enforcement would be by administrative or possibly non‑statutory contractual or civil remedies.

Contractual and property protections (ss26(5), 29(6), 43(3))

The Act contains provisions that preserve the legal effect of pre‑existing leases and agreements and expressly states that their conversion or the change in land reservation is not to be regarded as causing breach, providing grounds for termination, or releasing sureties (s26(5), s29(6), s43(3)). Those provisions reduce the risk of enforcement disputes arising purely from the statutory transfer of management.

Limits and gaps

The Act centralises infringement rulemaking in regulation rather than specifying detailed offences in the principal Act. The maximum prescribed fines are capped in the regulations (one penalty unit for prescribed infringement offences, and up to 10 penalty units for contraventions of regulations; s42(2)(e)-(f)). The Act leaves the definition of "prescribed offence" and the scale of routine enforcement to subordinate instruments.

In short, enforcement under the Act primarily proceeds by infringement notices issued by police or authorised Trust officers for offences prescribed in regulations, with penalty caps set out in the regulations (s33, s42). Administrative enforcement occurs through Ministerial directions that bind the Trust (s19) and through contractual arrangements with event organisers and lessees created under the Act (ss36, 38, 31).

The Act expressly interacts with and amends the operation of several other statutes through definitions, references, preservation clauses and prescribed consistency requirements.

Crown land and local government legislation

The Act interacts with the Crown Land (Reserves) Act 1978. Re‑reservation and designation of Crown land as temporarily reserved or as Kardinia Park Stadium Land is implemented under the Crown Land (Reserves) Act machinery and through the Minister’s recommendations to the Governor in Council following plans of survey (ss26(2), 27(1)-(3), 28(1)-(4), 29(1)-(4)). It also creates an explicit temporary reservation under s4(1) of the Crown Land (Reserves) Act for land subject to Orders under ss28 and 29 (ss28(4)(d), 29(4)(d)).
The Act preserves the Council’s committee of management role until Orders are made (s26(3)), and the Act contemplates suspension of some of those Council functions during declared events (s37). Section 39 confirms that local laws made under the Local Government Act 2020 continue to apply for event times unless the event management declaration suspends them or they are inconsistent with the declaration’s purposes (s39).

Financial and public administration statutes

The Trust must prepare an annual report under Part 7 of the Financial Management Act 1994 (s22). The Note to s22 confirms the Trust is required to prepare an annual report despite section 46(2) of the Financial Management Act 1994. The Trust’s borrowing powers are subject to the Borrowing and Investment Powers Act 1987 (s23). The Public Administration Act 2004 applies to members of the Trust except Part 3 (s8(4)), and the CEO appointment and remuneration mechanisms sit within that administrative framework (s17).

Filming and major events legislation

The Act is film‑friendly legislation under the Filming Approval Act 2014 (s4) and the regulations about issuing film permits must not be inconsistent with the film friendly principles (s42(3)). The Act also makes consequential amendments to the Major Sporting Events Act 2009 and others as part of its purposes statement (s1(f)), though the text provided does not reproduce the consequential amendments themselves beyond this statement.

Interpretation of legislation and regulation incorporation

The Act allows regulations to apply, adopt or incorporate documents issued by other persons either wholly or partially, and as amended over time (s42(2)(g)). This enables use of external standards or codes as part of the regulatory regime, but also links compliance to non‑statutory documents.

Contracts and rights under prior leases

The Act contains explicit transitional and protective provisions that preserve the status and continuity of leases, licences and agreements entered into by the Council and that are in force when Orders are made (s26(4), s29(5), s43). It then provides that these converted contracts should not be regarded as breached, terminated or as discharging sureties simply because of the statutory transfer (s26(5), s29(6), s43(3)). Those clauses limit the interaction between this Act’s land‑status changes and existing contract law remedies arising from assignment or alteration in parties to agreements.

Delegation and interpretation Acts

Section 31A contemplates delegation of Ministerial approval under s31 and notes the Interpretation of Legislation Act 1984 (s42 and s42A references; s31A note). The Endnotes reflect the ILA’s effect on headings and notes, but those are general interpretative points rather than substantive interactions.

Operational overlaps and possible frictions

During declared events the Act permits suspension of certain local laws and Council functions (ss37-39). Where other statutory regimes impose duties or limits on land use (for example environmental, planning or occupational health and safety obligations not addressed in this Act), those regimes continue to apply unless the Act’s express suspension power or a regulatory exemption intervenes. The Act does not displace other Acts generally; it instead provides targeted allocations of control and an administrative structure for running the park and stadium.

Overall, the Act is designed to operate in concert with Crown land, public finance, local government and filming legislation: it depends on survey and Orders under Crown land law; it requires financial and reporting compliance under public finance statutes; it preserves Council contracts; it builds on film‑friendly policy settings; and it delegates certain regulatory content to subordinate instruments that may incorporate external documents.

The Act, assented on 1 March 2016 and commenced on 16 March 2016, has been amended by multiple subsequent instruments. The source material lists the relevant amending Acts and key changes. The main amendments and their mechanical effects in the statute are as follows.

Parks and Crown Land Legislation Amendment Act 2017 (No. 53/2017) (assent 24 October 2017; commencement s78 on 15 December 2017). The Endnotes record that this Act made changes incorporated into the current version. The text notes that the definition of Central Plan Office was repealed by s78 of that Act (see s3 note). The 2017 Act also led to the repeal of Part 7 Division 2 (ss45-49) of the principal Act on 1 October 2017, as noted in the Table of Amendments (Table of Amendments: s49 repealed Pt 7 Div. 2 on 1.10.17).
Local Government Act 2020 (No. 9/2020) (assent 24 March 2020; commencement s390(Sch.1 item 58) on 1 July 2021). This amendment is recorded as affecting s39: the source cites s39 amended by No.9/2020 s390(Sch.1 item 58). The operative effect is that local laws made under the Local Government Act 2020 continue to apply during events unless suspended by an event management declaration or inconsistent with the declaration’s purposes (s39 as presently drafted).
State Sporting Legislation Amendment Act 2024 (No. 28/2024) (assent 20 August 2024; commencement ss5-11 on 21 August 2024). The 2024 amending Act made several targeted changes recorded in the text and endnotes:
- Inserted the definition of "major lease" into s3 (No.28/2024 s5), defining it as a lease of 21 years or more or a lease over the whole of the Kardinia Park Stadium Land.
- Inserted s10A (Acting chairperson) (No.28/2024 s6).
- Amended s16(2) (procedure of meetings) (No.28/2024 s7).
- Repealed s30 (the Kardinia Park Advisory Committee) and abolished the committee (s8(2)-(3) of the amending Act), as discussed in Explanatory details; this removed the advisory committee and ended associated remuneration entitlements.
- Inserted s31A permitting the Minister to delegate the approval power under s31 in relation to leases that are not major leases (No.28/2024 s9).
- Amended s34(1) and (2) textual elements (No.28/2024 s10) and s37(2) (No.28/2024 s11) in the event management declarations and suspension provisions. The 2024 Act overall adjusted governance mechanisms, added the "major lease" gate and delegation route, and removed the advisory committee.
Table of Amendments indicates other technical repeals and commencement notes. Specific repeals, such as s30 being repealed by the 2024 amending Act, are noted in the Explanatory details appended to the source.

Transitional amendments and savings

The original Act included transitional provisions (s43) that convert specified Council leases and agreements to Trust leases and agreements upon the Kardinia Park Stadium Land Order. The Table of Amendments notes that some earlier transitional provisions and Part 7 Division 2 were repealed in 2017 (see endnotes table). The Explanatory details explain that the Kardinia Park Advisory Committee established by the now‑repealed s30 was abolished by the 2024 amendments and staff holding office on that committee ceased to hold office without entitlement to remuneration or compensation (State Sporting Legislation Amendment Act 2024 s8(2)-(3)).

Form and interpretation changes

The Endnotes reference style changes and interpretive matters relating to the Interpretation of Legislation Act 1984 (ILA). These are legislative housekeeping measures affecting headings, notes and punctuation but do not change policy content; they confirm that headings and notes form part of the Act where authorised (ILA effects described in the Endnotes).

Practical effect of amendments

The 2024 amendments tightened the control over long‑term leases by defining "major lease" (s3) and retaining Ministerial signoff for those while enabling administrative delegation for non‑major leases (s31A). The abolition of the Advisory Committee removed a body that had been created in the original Act. The 2020 change to s39 embeds the 2020 Local Government Act context for local laws during declared events. The 2017 amendments adjusted Crown land references and removed some transitional machinery.

The amendment history in the source is explicit about the dates of assent and commencement for the amending Acts and provides section references for the changes they made; refer to the Table of Amendments and Explanatory details for line items and the specific sections noted above.

The Act’s text and endnotes do not record any judicial decisions or litigation. The Endnotes contain only legislative history (assent, commencement and amendment details) and explanatory details about repeals and transitional effects; no judicial cases are cited anywhere in the source material. Therefore, based on the provided statute text and endnotes alone, there is no litigation history included in the source to report.

What is present in the source is administrative and parliamentary history relevant for legal practice:

Assent and commencement: the Act was assented to on 1 March 2016 and came into operation on 16 March 2016 (Special Gazette (No. 55) 15 March 2016 p. 1). This is recorded in the Endnotes.
Repeals and amendments: later Acts (Parks and Crown Land Legislation Amendment Act 2017; Local Government Act 2020; State Sporting Legislation Amendment Act 2024) amended, inserted and repealed specified sections. The Explanatory details show, for example, the repeal of s30 and the abolition of the Kardinia Park Advisory Committee by the 2024 amending Act (see Explanatory details para 1).
Transitional preservation: the Act contains explicit transitional provisions converting specified Council leases and agreements into Trust leases and agreements (s43) and protective clauses ensuring statutory transfer does not itself result in breach or termination of those agreements (s26(5), s29(6), s43(3)). Those provisions are the type that typically reduce litigation risk arising from statutory re‑assignment of management and property.

For practical purposes when advising clients, the absence of reported litigation in the Act text means statutory interpretation questions and disputes would likely be resolved by reference to the statutory text, the regulations that implement enforcement and offences, and the terms of converted or new leases and agreements. If litigation arises it would likely concern:

whether the Minister properly exercised the discretion to make an event management declaration (s34(2) requires satisfaction that the event is suitable and significant), and whether suspension of Council functions was necessary (s37(2));
whether the Trust complied with restoration obligations (s41) or with Ministerial directions (s19);
disputes over lease approvals, delegation under s31A, and the boundaries between "major leases" and non‑major leases; and
interpretation of transitional conversion clauses and whether statutory transfer amounted to a breach of supplier, tenant or surety obligations notwithstanding the express protective language.

However, any such litigation is not referenced in the statute text provided; practitioners requiring litigation precedent will need to search Victorian case law databases and tribunal decisions outside the Act.

The Act contains specific mechanics and drafting choices that can produce practical pitfalls. These are discrete legal and operational features to watch for.

Ministerial control over leases and appointments (ss7, 17, 19, 31)

The Minister recommends and effectively controls membership appointments (s7(1)), approves the CEO and removal (s17(1), (4)), and must approve leases (s31(1)). While the Trust is operationally independent, these controls permit executive oversight over key governance and commercial decisions. The Minister may delegate lease approval for non‑major leases only under s31A; major leases remain Ministerial decisions.

Broad commercial powers with long maximum lease terms (s31)

The Trust may grant leases for up to 50 years and extend terms within an aggregate cap (s31(3)-(4)(a)). The definition of "major lease" (s3) means that leases of 21 years or more or leases over the whole stadium land are treated with elevated procedural protections. Practitioners should check whether particular proposed arrangements will be classed as major leases triggering Ministerial signoff and possibly different procurement or valuation processes.

Event management declarations can suspend Council functions and local laws (ss35-39)

An event management declaration gives the Trust effective operational control of a specified area for the declared period (s35(1)(f)), and can suspend Council functions in relation to committee of management duties if the Minister is satisfied it is necessary (s37(2)). Local laws under the Local Government Act 2020 continue to apply unless the declaration suspends them or they are inconsistent with the declaration (s39). For Council, event organisers and local businesses, an event declaration can temporarily change regulatory and enforcement regimes; parties should verify the content of any declaration and any transitional provisions (s40).

Transitional conversions and non‑breach protections (ss26(4)-(5), 29(5)-(6), 43)

The Act expressly takes existing Council leases and agreements into Trust hands on relevant Orders and provides that such statutory change does not necessarily constitute breach or termination or release sureties (s26(5), s29(6), s43(3)). However, contractual counterparties should still review assignment and consent clauses and be aware that the Act’s protection is statutory only; there may still be practical impact (e.g. changes in management practices or branding) even if legal rights remain preserved.

Regulations can adopt external documents and confer discretionary powers (s42(2)(g))

Regulations may incorporate external documents and may be dynamic in that they can adopt updated versions of those documents (s42(2)(g)). Compliance may therefore require monitoring non‑statutory documents or codes referenced by regulation.

Enforcement relies on subordinate regulation for offence definitions and penalties (ss33, 42)

The Act leaves the prescription of offences and infringement penalties to the regulations (s42(2)(d)-(e)). The cap on infringement penalties (one penalty unit) and contravention penalties (10 penalty units) may be insufficiently granular for some enforcement needs. Parties should check the current regulations to determine exact offences, penalties and authorised officers.

Restoration obligation timing and standard (s41)

The Trust must restore event areas to a "condition reasonably comparable" to pre‑event condition immediately after each event (s41). The Act does not define "reasonably comparable" or prescribe an enforcement mechanism beyond administrative and contractual remedies. Event organisers should anticipate contractual obligations and bonds or security to ensure restoration.

Film friendly overlay (s4, s42(3))

The Act is declared to be filming approval legislation (s4) and the regulations must not be inconsistent with film friendly principles (s42(3)). Users seeking to film on the land should understand both Trust approvals and film‑friendly obligations in subordinate instruments.

Delegation limits (s31A)

The Minister’s delegation power under s31A is limited to approvals for non‑major leases over Kardinia Park Stadium Land and may be subject to conditions the Minister specifies (s31A(1)-(2)). Delegation cannot be assumed for major leases or for other categories of land without explicit instrument.

No express statutory judicial review carve‑out but strong Ministerial direction (s19)

The Minister can issue binding directions to the Trust (s19(1)-(2)); the Trust must comply. While administrative law remedies (judicial review) remain available outside the Act, the Act’s direction power formalises a supervisory relationship that can be operationally decisive.

In practice, these features mean that parties negotiating leases, licences or event contracts should validate whether proposed rights are "major leases", check Ministerial consent requirements and any delegation instruments, review the exact content and scope of any event management declaration, and inspect the current regulations to confirm offence and penalty regimes.

This section sets out practical compliance steps for the Trust, the Minister, Council, lessees, event organisers and third parties, grounded in the Act’s operative provisions.

For the Trust (operative compliance list)

Governance and meetings

Ensure at least four Trust meetings per calendar year (s15(1)). Maintain minutes that record declarations of interest when made (s13(2)). Implement procedures to manage conflict disclosures so that members do not be present for deliberations or vote on matters where they have declared interests (s13(3)-(4)).

Business plan and annual reporting

Prepare a business plan each year in the form approved by the Minister and provide it to the Minister by the date the Minister determines (s21(1)-(2)). Be ready to consider Ministerial comments within two months and consult in good faith to reach agreed changes, delivering the completed plan within three months after initial submission (s21(3)-(4)). Prepare an annual report under Part 7 of the Financial Management Act 1994 (s22).

Financial and fund management

Establish and maintain the Kardinia Park Trust Fund and pay into it all money relating to the Trust’s land, services and any authorised receipts (s25(1)-(2)). Account for permitted payments out of the Fund, including operational costs and debt servicing (s25(3)). Maintain accounts with ADIs as needed (s24). If borrowing, follow the Borrowing and Investment Powers Act 1987 (s23).

Employment and CEO matters

Appoint a Minister‑approved CEO for a term not exceeding five years and ensure removal cannot occur without Minister approval (s17(1)-(4)). Engage other officers, employees and consultants under terms decided by the Trust (s18).

Lease and licence process

For proposed leases, obtain Minister approval before granting (s31(1)). For licences, ensure terms are not inconsistent with the reservation purposes and that terms remain within three years, or up to ten years with Minister approval (s32(1)-(2)). For leases that could be characterised as major leases (21+ years or whole stadium), follow Ministerial approval and any additional processes (s3, s31A). If a lease concerns a strata, ensure the lease satisfies the Minister’s satisfaction criteria about access, rights of passage, support and interference with other land rights (s31(2)(a)-(e)).

Event and operations

When an event management declaration covers an area, exercise only the functions, duties and powers conferred by the declaration (s35-36). If collecting fees or providing parking, ensure compliance with the declared terms (s36(2)(d), 36(4) , car parking allowed despite s17E Crown Land (Reserves) Act limits).

Records and compliance with directions

Maintain records and supply information required by the Minister to demonstrate compliance with any directions (s19(3)). Ensure business practices and policies align with Ministerial directions where issued (s19(2)).

For the Minister and Governor in Council

Follow the statutory prerequisites before making an event management declaration: be satisfied the event is suitable for Kardinia Park and is significant to the Geelong region or the State (s34(2)). When making Orders under ss27-29, ensure plans of survey signed by the Surveyor‑General are in place (ss27(1), 28(1), 29(1)), and include the plan in Orders (ss28(3), 29(3)). When approving leases, apply the statutory criteria in s31(2) for strata and access matters; where delegation is used under s31A, observe the delegation conditions in the instrument.

For the Council

Be prepared for the Council’s committee of management role to continue until Orders are made (s26(3)) and to be subject to temporary suspension during declared events (s37). If functions are suspended, do not perform those functions or act inconsistently with the declaration (s37(3)). Ensure existing Council leases and agreements are documented and available for conversion under s43 or s29(5) and that counterparties are notified as required (s34(3) requires the Minister to give a copy of an event management declaration to the Council within seven days).

For lessees and event organisers

Check whether a proposed or existing arrangement will be converted into a Trust agreement under s43 or s29(5), and obtain copies of the Trust’s instrument if conversion has occurred. Review the Trust’s business plan, any event management declaration, and the terms on fees, opening hours and restoration obligations (s36(2), s41). For events, expect the Trust to collect and retain fees and to enter into agreements with event organisers (s36(2)(d), s38). Negotiate contractual protections for restoration obligations, security bonds, insurance and indemnities recognising the Trust’s statutory restoration duty (s41) but also the Minister’s control over event framing (s34).

For film and media producers

Note the Act is filming approval legislation (s4) and that any regulations on film permits must be consistent with the film friendly principles (s42(3)). Seek film permits in line with Trust procedures and monitor any regulations the Governor in Council makes in this area.

For all parties monitoring compliance

Check the regulations made under s42 for prescribed offences, infringement penalties and regulatory requirements. Regulations may adopt external documents (s42(2)(g)), so maintain a process to monitor non‑statutory guidance and codes that may be incorporated.

Administrative checklist

Maintain a register of Trust land, leases and licences, and crosscheck which parts of Kardinia Park are subject to Orders under ss28-29.
Keep an up‑to‑date copy of any Kardinia Park Stadium Land Order or Kardinia Park Trust Land Order with the plan of survey attached (ss28(3), 29(3)).
Ensure public signage and information for event times and conditions is consistent with declared opening/closing times and access arrangements set under a declaration (s36(2)(c)).

Compliance under the Act is largely administrative and contractual: implement governance processes, document Ministerial approvals and directions, keep accurate financial accounts into the Kardinia Park Trust Fund, and ensure event contracts address restoration, insurance and security consistent with statutory obligations.

Kardinia Park Stadium Act 2016

Plain English Summary

Deep Dive

What it does

Current sections

Kardinia Park Stadium Act 2016

Source text: opening excerpt

1 Kardinia Park Stadium Act 2016

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply