Version No. 014
Melbourne Cricket Club Act 1974
No. 8546 of 1974
Version incorporating amendments as at 23 November 2007
TABLE OF PROVISIONS
Section Page
1 Short title 2
2 Definitions 2
3 Incorporation of Melbourne Cricket Club 3
4 Vesting in body corporate of real and personal property of or
held in trust for association 4
4A Delegation 5
5 Powers of body corporate 6
6 Annual and special general meetings 9
7 Committee 9
8 Application of income and property 10
9 Application of property upon dissolution 10
10 As to existing rights, actions, etc., in relation to association 11
11 Power to make vary and amend rules 11
SCHEDULE—Lands Vested in Melbourne Cricket Club by this Act 13
═══════════════
ENDNOTES 14
General Information 14
Table of Amendments 15
Explanatory Details 16
i
Version No. 014
Melbourne Cricket Club Act 1974
No. 8546 of 1974
Version incorporating amendments as at 23 November 2007
An Act to incorporate by the Name of Melbourne Cricket Club a
certain Voluntary Association formed in Melbourne under the
said Name and to vest in the said Corporation certain Real and
Personal Property now held by or on behalf of the said
Association by the Committee thereof or by the Trustee and to
provide for the Management of the said Corporation and for
other purposes.
Preamble
WHEREAS in the year 1838 there was formed in
Melbourne in the State of Victoria a certain
voluntary association called "Melbourne Cricket
Club":
And whereas the items of real property more
particularly described in the Schedule and certain
items of personal property are now held upon trust
for the members for the time being of the said
association and certain personal property is vested
in the committee of the said association for the
purposes of the said association:
And whereas under the provisions of the
Melbourne Cricket Ground Acts the said
association is entitled to occupy the ground therein
referred to and provision was made that certain
loans made to the committee of the said association
should be guaranteed by the Government of
Victoria and the Treasurer thereof:
And whereas for the management of the affairs of
the said association and the better maintenance and
control of the real and personal property aforesaid
and the buildings and improvements now erected
1
Melbourne Cricket Club Act 1974
No. 8546 of 1974
s. 1
or hereafter to be erected on the said real property
it is expedient that the said association be
incorporated by the name of "Melbourne Cricket
Club" and that all the real and personal property
aforesaid be vested in and held by the body
corporate and that all such powers and authorities
as may be necessary or expedient for that purpose
should be conferred upon the body corporate:
Be it therefore enacted by the Queen's Most Excellent
Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria
in this present Parliament assembled and by the authority of
the same as follows (that is to say):
1 Short title
This Act may be cited as the Melbourne Cricket
Club Act 1974.
2 Definitions
In this Act unless inconsistent with the context or
subject-matter—
association means the voluntary association
known as "Melbourne Cricket Club".
building means any house out-house stand
pavilion or other edifice or erection of any
description whatsoever.
club means the body corporate constituted by this
Act under the name "Melbourne Cricket
Club".
committee means the committee for the time
being of the club.
land includes any interest in land and any
easement right or privilege in over or
affecting any land.
2
Section 1 - Melbourne Cricket Club Act 1974 - Melbourne Cricket Club Act 1974 | Zoe
Melbourne Cricket Club Act 1974
No. 8546 of 1974
s. 3
the body corporate means the Melbourne Cricket
Club incorporated by this Act.
rules means the rules made by the body corporate
pursuant to this Act.
3 Incorporation of Melbourne Cricket Club
(1) There shall be a body corporate by the name of
"Melbourne Cricket Club" consisting of—
(i) all persons who at the date of the passing of
this Act are members of the association and
who continue to be members of the club; and
(ii) all persons who under and in accordance
with the provisions of the rules become and
continue to be members of the club.
(2) The body corporate shall have perpetual
succession and a common seal and under the
name aforesaid may sue and be sued prosecute
and defend and take and suffer all other
proceedings in all courts civil and criminal and it
shall be lawful for the body corporate to purchase
take on lease or licence or in exchange or
otherwise acquire and to receive hold enjoy and
take possession of real and personal property of
any description whatsoever and also to sell grant
exchange convey demise reserve or grant
easements over or otherwise dispose of or deal
with either absolutely or by way of mortgage
charge lien or other encumbrance any of the
property real or personal which may at any time
be vested in or otherwise belong to the body
corporate and generally to exercise all powers
incidental to a body corporate.
(3) The liabilities of members of the club shall be
limited to the liabilities and obligations for the
time being imposed by the rules of the club.
3
Melbourne Cricket Club Act 1974
No. 8546 of 1974
s. 4
4 Vesting in body corporate of real and personal
property of or held in trust for association
(1) On the commencement of this Act—
(a) the club shall become and be the successor in
law of the association; and
(b) without limiting the generality of
paragraph (a) the club shall have and may
exercise all the rights powers and privileges
that immediately before the commencement
of this Act were held exercisable or enjoyed
by the association and shall be subject to all
the duties liabilities responsibilities and
obligations that immediately before the
commencement of this Act the association
was subject to.
(2) Upon the commencement of this Act and without
any further or other authority than this Act there
shall be vested in the body corporate—
(a) all the lands specified in the Schedule for an
estate in fee-simple subject however to the
encumbrances (if any) recorded on the
relevant folios of the Register;
S. 4(2)(a)
amended by
No. 18/1989
s. 13(Sch. 2
item 50(a)) (as
amended by
No. 74/2000
s. 3(Sch. 1
item 128.1)).
(b) all other real and personal property of
whatsoever nature or tenure vested or held
immediately before the commencement of
this Act in or by trustees for the use or
benefit of the members for the time being of
the association;
4
Melbourne Cricket Club Act 1974
No. 8546 of 1974
s. 4A
(c) all personal property of whatsoever nature or
description vested in or held by the
committee of the association or any other
person on behalf of or for the use or benefit
of the association.
(3) The Registrar of Titles must make any recordings
in the Register that are necessary or expedient
because of this Act and the holder of any relevant
certificate of title must deliver it to the Registrar
of Titles.
S. 4(3)
amended by
No. 9902
s. 2(1)(Sch.
item 166),
substituted by
No. 18/1989
s. 13(Sch. 2
item 50(b)).
(4) Where any property vested in the body corporate
under or by virtue of paragraph (b) or
paragraph (c) of subsection (2) consists of land
registered under the Transfer of Land Act 1958
the Registrar of Titles upon application made to
him in that behalf and upon proof of the facts
relating thereto and on payment of the proper fees
shall give effect in the Register to such vesting by
registering the body corporate as the proprietor of
such land.
S. 4(4)
amended by
Nos 9902
s. 2(1)(Sch.
item 166),
18/1989
s. 13(Sch. 2
item 50(c)).
(5) Where the transfer of any property vested in the
body corporate in or by virtue of paragraph (b) or
paragraph (c) of subsection (2) is required to be
registered the transfer shall be registered upon
application made to the person authorized to effect
the registration of the transfer and upon proof of
the facts relating thereto and production where
appropriate of any certificate of title relating
thereto.
S. 4(5)
amended by
No. 9902
s. 2(1)(Sch.
item 166).
4A Delegation S. 4A
inserted by
No. 70/1989
s. 12.
The Melbourne Cricket Club, with the approval of
the Melbourne Cricket Ground Trust, may, by
instrument, delegate to any person any power of
the Club under this Act, other than this power of
delegation.
5
Melbourne Cricket Club Act 1974
No. 8546 of 1974
s. 5
5 Powers of body corporate
In addition to the powers otherwise conferred
upon it by this Act the body corporate is hereby
empowered and authorized—
(a) to sponsor encourage and promote the
playing of cricket football bowls hockey
baseball tennis lacrosse squash rackets rifle
shooting and other athletic sports games and
competitions and other forms of amusement
recreation and entertainment and to promote
hold or conduct or assist in holding or
conducting any or all of the same and to
utilize the property of the club and the
Melbourne Cricket Ground for all or any of
the said purposes;
(b) to use and maintain for all or any of the
purposes aforesaid any lands and any other
property of whatsoever description which
may from time to time be vested in or under
the control or in the possession of the club;
(c) from time to time to build or erect upon any
of the lands aforesaid all such buildings as
may in the opinion of the committee be
necessary or expedient for or in connexion
with all or any of the purposes aforesaid and
to maintain repair and demolish any such
buildings as occasion may require;
(d) to carry on business as refreshment
contractors restaurant keepers and
refreshment room proprietors and (subject to
the provisions of the Liquor Control
Reform Act 1998) to sell and dispose of or
make provisions for the sale and disposal of
spirituous and fermented liquors on or in any
land or building for the time being vested in
or in the possession or under the control of
the club;
S. 5(d)
amended by
No. 74/2000
s. 3(Sch. 1
item 81).
6
Melbourne Cricket Club Act 1974
No. 8546 of 1974
s. 5
(e) to borrow or lend money with or without
security and upon such terms as the
committee may think fit and to invest or deal
with the moneys of the club in such manner
as the committee may from time to time
determine;
S. 5(e)
amended by
No. 10116
s. 5.
(f) to employ a secretary and all such other
officials or employees as may in the opinion
of the committee be required for any of the
purposes aforesaid;
(g) from time to time to prescribe vary and take
tolls and charges for admission to any land
or building for the time being vested in or
under the control or in the possession of the
club: Provided however that members of the
club shall be exempt either wholly or to such
extent as is specified in the rules from
payment of all or any such tolls and charges;
(h) to establish and support or aid in the
establishment or support of associations
institutions funds trusts and conveniences
calculated to benefit employees or former
employees of the club or the dependants or
connexions of such persons and to grant
pensions and allowances and to make
payments towards insurances and to
subscribe or guarantee money for charitable
or benevolent objects or for any exhibition or
for any public general or useful object;
(i) to enter into any arrangement or make any
contract or agreement with any Government
or any authority (whether statutory or
otherwise) for the purpose of exercising or
carrying into execution any of the powers or
authorities by this Act conferred on the club
and to obtain from such Government or
authority any rights privileges or concessions
7
Melbourne Cricket Club Act 1974
No. 8546 of 1974
s. 5
which the club might think it desirable to
obtain and to carry out exercise and comply
with any such arrangement contract right
privilege or concession;
(j) to form or join in the formation of or acquire
an interest or become a member of any
company which is formed for the purpose of
or is intended to acquire or take over all or
any of the activities property rights and
liabilities of the club or for any other purpose
which may seem directly or indirectly
calculated to benefit the club. In this
paragraph the word company shall be
deemed to include any body of persons
whether incorporated or not incorporated and
whether domiciled in Victoria or elsewhere
and whether now existing or hereafter to be
formed;
(ja) with the approval of the Treasurer—S. 5(ja)
inserted by
No. 70/1989
s. 13. (i) to form, or participate in the formation
of, a body corporate, trust or
partnership;
(ii) the subscribe for or otherwise acquire,
hold and dispose of or otherwise deal
with any securities of a body corporate;
(iii) to subscribe for or otherwise acquire,
hold and dispose of units in a unit trust;
(iv) to become a member of a body
corporate, trust, partnership or joint
venture;
(v) to enter into any arrangement for the
sharing of profits;
(vi) to enter into and perform arrangements
for the purpose of managing, lessening,
hedging or protecting against
movements in interest or discount rates
8
Melbourne Cricket Club Act 1974
No. 8546 of 1974
s. 6
or other costs of obtaining financial
arrangements;
(k) to do all such acts and things as may be
incidental or conducive to the exercise of any
power or authority conferred on the club by
this Act.
6 Annual and special general meetings
(1) In each calendar year there shall be a general
meeting (called the annual general meeting) at
which (subject to any provision to the contrary
contained in the rules) all members of the club
shall be entitled to be present and to vote. There
shall be transacted at such meeting all such
business as is prescribed in that behalf by the
rules.
(2) Special general meetings may be summoned from
time to time in the manner and for the purposes
specified in the rules.
7 Committee
(1) The business and affairs of the club shall be
managed and controlled by a committee to be
elected in manner specified in the rules and such
committee is hereby authorized to exercise all
powers and authorities conferred by this Act on
the club.
(2) Unless otherwise determined at a general meeting
of the members of the club the committee shall
consist of ten elected members and a President
two Vice-Presidents and a Treasurer who shall be
ex officio members thereof.
(3) Members of the committee shall be elected at
annual general meetings of the club in accordance
with the provisions of the rules: Provided always
that any casual vacancy may, if the committee
thinks fit, be filled by the committee but any
person so appointed shall be subject to retirement
9
Melbourne Cricket Club Act 1974
No. 8546 of 1974
s. 8
at the same time as if he had become a member of
the committee on the day on which the member of
the committee in whose place he is appointed was
last elected to be a member of the committee.
8 Application of income and property
The income and property of the club,
whencesoever derived, shall be applied solely
towards the promotion of the objects of the club
and no portion thereof shall be paid or transferred
directly or indirectly by way of dividend bonus or
otherwise howsoever by way of profit to members
of the club.
9 Application of property upon dissolution
If at any time the club is dissolved and upon its
dissolution there remains after satisfaction of all
its debts and liabilities any property whatsoever,
that property shall not be paid or distributed
amongst the members of the club but shall be
given or transferred with the sanction of the
Governor in Council—
(a) to some cricket club or other club in Victoria
having similar objects to be determined by
members of the club at or before the time of
dissolution; or
(b) if the members so determine, to some
charitable institution or institutions in
Victoria—
the constitution or rules of which club or
institution or of each of which institutions prohibit
the distribution of its income and property
amongst its members.
10
Melbourne Cricket Club Act 1974
No. 8546 of 1974
s. 10
10 As to existing rights, actions, etc., in relation to
association
All contractual and other rights of any kind
whatsoever and all actions suits and proceedings
at law or in equity which immediately prior to the
commencement of this Act might have been
enforced commenced or continued by or against
the committee of the association or any person or
persons as representing the association may upon
the commencement of this Act be enforced
commenced or continued by or (as the case may
be) against the club, and all references in the
Melbourne Cricket Ground Acts or in any other
Act enactment regulation proclamation rule or
other instrument to the Melbourne Cricket Club
shall be read as referring to the club and the
references therein to the committee of the
Melbourne Cricket Club to the committee of the
club and the rights of occupancy of the ground
conferred upon the association under the
Melbourne Cricket Ground Acts are hereby
confirmed as being vested in the club.
11 Power to make vary and amend rules
(1) Subject to and in accordance with the rules and
by-laws of the association in force immediately
prior to the commencement of this Act or
subsequently amended the members of the club
may from time to time make rules (not
inconsistent with the provisions of this Act) with
respect to all or any of the matters specified in the
next succeeding subsection and may from time to
time amend or revoke all or any of such rules.
11
Melbourne Cricket Club Act 1974
No. 8546 of 1974
s. 11
(2) Rules may be made as aforesaid for or with
respect to—
(a) membership of the club including the
election or admission of members (including
honorary members) into the club, the
expulsion of members therefrom, the
payment of entrance fees and annual
subscriptions, the rights and duties of
members, and the cessation of membership;
(b) the election or appointment of the
committee, the filling of casual vacancies,
the tenure of office of members of the
committee, and the election of a President,
two Vice-Presidents and a Treasurer;
(c) the calling and holding of the annual general
meeting or of special general meetings of
members of the club, the procedure and
proceedings thereat, and the business to be
transacted thereat;
(d) the making of by-laws by the committee for
all or any of the purposes specified in that
behalf in the rules.
(3) Every member of the club shall be bound by and
shall observe all rules and by-laws which are
made or are in force under the provisions of this
section.
(4) The rules and by-laws of the association in force
immediately prior to the commencement of this
Act shall (except so far as the same are
inconsistent with the provisions of this Act)
continue to be the rules and by-laws of the club
until the same are amended or revoked in manner
provided by this section.
12
Melbourne Cricket Club Act 1974
No. 8546 of 1974
Sch.
SCHEDULE Sch.
amended by
No. 18/1989
s. 13(Sch. 2
item 50(d)
(i)(ii)).
LANDS VESTED IN MELBOURNE CRICKET CLUB BY
THIS ACT
Registered Proprietor Folio of the Register
M.C.C. Nominees Proprietary
Limited.
The whole of the land more
particularly described in Folios of
the Register Volume 4155 Folio 864
and Volume 8139 Folio 774.
═══════════════
13
Melbourne Cricket Club Act 1974
No. 8546 of 1974
Endnotes
ENDNOTES
General Information
The Melbourne Cricket Club Act 1974 was assented to on 30 April 1974
and came into operation on 30 April 1974.
14
Melbourne Cricket Club Act 1974
No. 8546 of 1974
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Melbourne Cricket
Club Act 1974 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Statute Law Revision Act 1983, No. 9902 /1983
Assent Date: 15.6.83
Commencement Date: 15.6.83: subject to s. 2(2)
Current State: All of Act in operation
Melbourne Cricket Ground (Guarantees) Act 1984, No. 10116/1984
Assent Date: 30.10.84
Commencement Date: 27.11.84: s. 2
Current State: All of Act in operation
Transfer of Land (Computer Register) Act 1989, No. 18/1989 (as amended by
No. 74/2000)
Assent Date: 16.5.89
Commencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488
Current State: All of Act in operation
Melbourne Cricket Ground Trust Act 1989, No. 70/1989
Assent Date: 28.11.89
Commencement Date: 28.11.89
Current State: All of Act in operation
Statute Law Revision Act 2000, No. 74/2000
Assent Date: 21.11.00
Commencement Date: S. 3(Sch. 1 item 81) on 22.11.00: s. 2(1)
Current State: This information relates only to the provision/s
amending the Melbourne Cricket Club Act 1974
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
15
Melbourne Cricket Club Act 1974
No. 8546 of 1974
Endnotes
3. Explanatory Details
No entries at date of publication
16