Victorian Legislation and Parliamentary Documentsi
Version No. 001
Melbourne Racing Club Act 1956
Act No. 6000/1956
Version incorporating amendments as at 6 July 1999
TABLE OF PROVISIONS
Section Page
Short title 2
Definitions 2
Incorporation of Melbourne Racing Club 3
Vesting in body corporate of real and personal property of or
held in trust for association 4
Powers of body corporate 5
Annual and special general meetings 7
Committee 7
Application of income and property 8
Application of property upon dissolution 8
As to existing rights, actions etc. in relation to association 9
Power to make vary and amend rules 9
SCHEDULE—Lands vested in Melbourne Racing Club by this Act 11
═══════════════
ENDNOTES 16
General Information 16
Table of Amendments 17
Explanatory Details 18
Victorian Legislation and Parliamentary Documents1
Version No. 001
Melbourne Racing Club Act 1956
Act No. 6000/1956
Version incorporating amendments as at 6 July 1999
An Act to incorporate by the Name of Melbourne Racing 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 on behalf of the said Voluntary
Association by the Committee thereof or by Trustees and to
provide for the Management of the said Corporation, and for
other purposes.
Preamble
WHEREAS in the year One thousand nine hundred
and forty-eight there was formed in Melbourne in
the State of Victoria a certain voluntary association
called "Melbourne Racing Club":
AND WHEREAS the various items of real
property more particularly described in the
Schedule to this Act are now held upon trust for
the members for the time being of the said
association and personal property of substantial
value is now vested in the committee of the said
association for the purposes of the said association:
AND WHEREAS the said association proposes to
expend very considerable sums of money in
improving the said real property and in particular
in erecting upon part thereof good and substantial
buildings (including grandstands) fences and other
structures to enable such property to be used for
the purposes of a race-course:
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
Victorian Legislation and Parliamentary DocumentsAct No. 6000/1956
Melbourne Racing Club Act 1956
2
improvements now erected or hereafter to be
erected on the said real property it is expedient that
the said association be incorporated by the name of
"Melbourne Racing 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):
Section 1 - Melbourne Racing Club Act 1956 - Melbourne Racing Club Act 1956 | Zoe
Short title
This Act may be cited as the Melbourne Racing
Club Act 1956.
Definitions
In this Act unless inconsistent with the context or
subject-matter—
"association" means the voluntary association
known as "Melbourne Racing Club";
"building" means any house out-house stand
booth stable shed tent fence or other edifice
or erection of any description whatsoever;
"Club" means the body corporate constituted by
this Act under the name "Melbourne Racing
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;
s. 1
Victorian Legislation and Parliamentary DocumentsAct No. 6000/1956
Melbourne Racing Club Act 1956
3
"the body corporate" means the Melbourne
Racing Club as incorporated by this Act;
"rules" means the rules made by the body
corporate pursuant to this Act.
3. Incorporation of Melbourne Racing Club
(1) There shall be a body corporate by the name of
"Melbourne Racing 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 person 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.
s. 3
Victorian Legislation and Parliamentary DocumentsAct No. 6000/1956
Melbourne Racing Club Act 1956
4
4. Vesting in body corporate of real and personal
property of or held in trust for association
(1) 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 to this
Act for an estate in fee simple subject
however to the encumbrances (if any)
recorded in the respective folios of the
Register of the said lands or otherwise
affecting the same;
(b) all other real 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;
(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.
(2) The Registrar of Titles must make any recordings
on the folio of the Register referred to in sub-
section (1)(a) that are necessary or expedient in
consequence of this Act, and the holders of any
relevant certificates of title must if requested to do
so deliver them to the Registrar of Titles.
(3) Where any property vested in the body
corporate under or by virtue of paragraph (b) or
paragraph (c) of sub-section (1) of this section
consists of land registered under the Transfer of
Land Acts 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
s. 4
S. 4(1)(a)
amended by
No. 18/1989
s. 13(Sch. 2
item 52(a)(i)
(ii)).
S. 4(2)
substituted by
No. 18/1989
s. 13(Sch. 2
item 52(b)).
S. 4(3)
amended by
No. 18/1989
s. 13(Sch. 2
item 52(c)).
Victorian Legislation and Parliamentary DocumentsAct No. 6000/1956
Melbourne Racing Club Act 1956
5
vesting by registering the body corporate as the
proprietor of such land.
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 carry on the business of race-course
proprietor and for that purpose to lay out and
prepare lands for the conduct of horse pony
dog and greyhound races of every kind,
coursing, drilling and reviewing of troops
and for all kinds of athletic sports games and
competitions including cricket football bowls
golf hockey baseball tennis polo agricultural
horse dog flower and other shows
exhibitions and competitions and other forms
of amusement recreation and entertainment
and to promote hold and conduct or assist in
holding or conducting all or any of the same
and to utilize the property of the club for all
or any of the said purposes and to give or
contribute towards prizes cups stakes or
other rewards;
(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;
s. 5
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Melbourne Racing Club Act 1956
6
(d) to carry on business as refreshment
contractors restaurant keepers and
refreshment room proprietors and (subject to
the provisions of the Licensing Acts) to sell
and dispose of or make provision 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;
(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;
(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
s. 5
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Melbourne Racing Club Act 1956
7
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
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 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 one 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 hereinafter appearing and such
committee is hereby authorized to exercise all
s. 6
Victorian Legislation and Parliamentary DocumentsAct No. 6000/1956
Melbourne Racing Club Act 1956
8
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 members.
(3) Members of the committee shall be elected at the
annual general meeting 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 at an election to be held at a
special general meeting called by the committee
for that purpose.
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 racing club or other club having
similar objects carrying on in Victoria to be
determined by members of the club at or
before the time of dissolution; or
s. 8
Victorian Legislation and Parliamentary DocumentsAct No. 6000/1956
Melbourne Racing Club Act 1956
9
(b) if the members so determine, to some
charitable institution or institutions carrying
on 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. 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.
11. Power to make vary and amend rules
(1) The members of the club in general meeting
assembled 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 sub-section and may from time to
time amend or revoke all or any of such rules.
(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;
s. 10
Victorian Legislation and Parliamentary DocumentsAct No. 6000/1956
Melbourne Racing Club Act 1956
10
(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 chairman
and vice chairman of the committee;
(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;
(e) the making or adoption of rules of racing
under which the club shall conduct race
meetings.
(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.
s. 11
Victorian Legislation and Parliamentary DocumentsAct No. 6000/1956
Melbourne Racing Club Act 1956
11
SCHEDULE
LANDS VESTED IN MELBOURNE RACING CLUB BY
THIS ACT
Registered Crown Section or Subdivision Folio of the Register
Proprietors Allotment Portion Parish County Lot No. Plan No. Volume Folio
Patrick Kennedy
of 85 Budd-street,
Collingwood,
Gentleman
Part B
Part 11 12 Dandenong Bourke . . . . 7092 394
William Pulteney
Mein of
482 St. Kilda-
road, Melbourne,
Grazier; Stanley
George
Garnsworthy of
8 Strand,
Williamstown,
Secretary; Bernard
Nolan of
595 Bourke-street,
Melbourne,
Solicitor; and
Patrick Kennedy
of 85 Budd-street,
Collingwood,
Gentleman
. . 10 Dandenong Bourke . . . . 6638 536
William Pulteney
Mein of
482 St. Kilda-
road, Melbourne,
Grazier and
Stanley George
Garnsworthy of
8 Strand,
Williamstown,
Secretary
Part B
Part 11
12
10 at
Springvale
Dandenong
Dandenong
Bourke
Bourke
. .
. .
. .
. .
2972
3009
249
643
William Pulteney
Mein of
482 St. Kilda-
road, Melbourne,
Grazier and
Stanley George
Garnsworthy of
8 Strand,
Williamstown,
Secretary
A 12 Dandenong Bourke 70, 71 4817 7973 114
William Pulteney
Mein of
482 St. Kilda-
road, Melbourne,
Grazier and
Stanley George
Garnsworthy of
8 Strand,
Williamstown,
Secretary
D 12
10
Dandenong Bourke 7, 8, 9, 13,
39, 40, 41,
75, 82, 98
and 101
28
9395
12207
8094
5544
6764
7143
7143
5796
5460
5403
6930
6742
4796
800
745
722
426
425
195
969
474
855
296
131
Sch.
amended by
No. 18/1989
s. 13(Sch. 2
item 52(d)).
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 6000/1956
Melbourne Racing Club Act 1956
12
Registered Crown Section or Subdivision Folio of the Register
Proprietors Allotment Portion Parish County Lot No. Plan No. Volume Folio
Leonard Roberts
Stillman and
Clifford William
Plumpton Wilson,
both of 422 Little
Collins-street,
Melbourne,
Solicitors
D 12 Dandenong Bourke 4, 5, 6, 10,
11, 14, 17,
18, 19, 20,
23, 24, 26,
33, 61, 62,
63, 64, 65,
66, 67, 68,
69, 70, 71,
73, 74, 76,
77, 78, 79,
81, 83, 84,
85, 86, 92,
93, 94, 95,
96, 97, 99,
100, 102,
105 and
106
9395 7414
6158
5448
6915
4796
5558
7414
7222
7143
8007
7143
5145
7143
7540
5403
7887
7883
5693
7045
5381
5381
7648
8069
5392
7143
7143
5448
6808
7180
5602
5403
7359
7359
7414
5392
7143
5497
5436
7461
7143
730
458
435
927
130
598
729
380
421
143
424
995
418
188
472
187
194
483
951
053
054
121
920
334
428
423
434
513
979
362
473
663
664
728
335
419
290
101
120
427
Robert Vivian
Gove of 5
Moralla- road,
Kooyong, Grazier
and Thomas
Symington
Carolyn of
618 Toorak-road,
Toorak, Company
Director
D 12 Dandenong Bourke 87 9395 5173 444
William Pulteney
Mein of
482 St. Kilda-
road, Melbourne,
Grazier and
Stanley George
Garnsworthy of
8 Strand,
Williamstown,
Secretary
D 12 Dandenong Bourke 1, 2, 5, 29,
32 and 36
10180 6742
7143
5656
7143
7363
5187
295
410
078
413
434
274
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 6000/1956
Melbourne Racing Club Act 1956
13
Registered Crown Section or Subdivision Folio of the Register
Proprietors Allotment Portion Parish County Lot No. Plan No. Volume Folio
Leonard Roberts
Stillman and
Clifford William
Plumpton Wilson,
both of 422 Little
Collins-street,
Melbourne,
Solicitors
. . . . Dandenong Bourke 30, 31, 33,
34, 35, and
37
10180 7143
8000
4958
5503
7143
7143
408
182
559
558
416
417
Robert Vivian
Gove of 5
Moralla-road,
Kooyong, Grazier
and Thomas
Symington
Carolyn of
618 Toorak-road,
Toorak, Company
Director
. . 10 Dandenong Bourke 114, 115,
119, 120,
121, 122,
123, 124,
125, 126,
127, 153,
154, 155,
156, 157,
164, 169,
170,174,
175, 179,
180, 181,
182, 183,
196, 199,
201, 202,
206, 207,
209, 210,
213, 214,
216, 217,
218, 219,
222, 225,
226, 228,
229, 230,
231, 235,
240, 241,
252, 253,
254, 266,
269, 280,
408
12207 7948
7804
5980
7968
7919
7805
6869
7878
7965
7969
7969
7969
7925
7415
7372
7493
5612
5612
7029
7817
5631
6003
6005
7809
5743
7817
6930
6930
5786
6003
7424
6930
8031
7969
7969
7709
6403
5738
136
181
909
096
005
076
615
089
134
062
061
059
161
856
279
011
317
319
666
045
013
585
883
025
596
044
848
849
175
584
707
850
322
060
065
058
423
522
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 6000/1956
Melbourne Racing Club Act 1956
14
Registered Crown Section or Subdivision Folio of the Register
Proprietors Allotment Portion Parish County Lot No. Plan No. Volume Folio
Leonard Roberts
Stillman and
Clifford William
Plumpton Wilson,
both of 422 Little
Collins-street,
Melbourne,
Solicitors
. . 10 Dandenong Bourke 116, 117,
118, 128,
150, 151,
152, 159,
163, 185,
186, 187,
188, 189,
191, 192,
193, 194,
195, 197,
198, 200,
203, 204,
205, 215,
220, 221,
223, 224,
227, 233,
234, 236,
237, 238,
239, 248,
249, 250,
251, 255,
256
12207 8033
8033
7912
5631
6383
5864
5612
7969
7422
5612
7601
5621
7969
7817
7925
5646
7601
5612
6844
7915
5535
5706
5535
5727
5785
6843
6844
6488
5853
5943
5612
035
036
161
015
563
673
323
064
340
321
195
098
063
048
162
108
194
318
776
064
899
094
902
349
818
448
777
525
520
541
320
William Pulteney
Mein of
482 St. Kilda-
road, Melbourne,
Grazier and
Stanley George
Garnsworthy of
8 Strand,
Williamstown,
Secretary
. . . . Dandenong Bourke 28, 208,
211, 212,
242, 243,
244, 245,
246, 247,
257, 258,
259, 260
12207 6856
7957
7525
5535
5745
6488
7232
5631
6240
096
128
114
902
598
524
206
014
830
Andrew Ammel
Ericksen of
Balmoral-avenue,
Springvale,
Cartage
Contractor
. . 10 at
Springvale
Dandenong Bourke 111, 112,
and 113
12207 5865
7693
850
136
George Dominic
O'Loughlin of
Osborne, via
Mornington,
School Teacher
. . 10 at
Springvale
Dandenong Bourke 184 12207 5535 902
Robert James
Culverell Burns of
8 Glyndon-
avenue, Brighton,
Accountant
. . 13
13
Dandenong
Dandenong
Bourke
Bourke
168, 171,
and 172
3, 4, 5, 6,
23, 24, 29,
30, and 31
16947
17712
7197
7910
7143
7871
7871
7197
7871
202
022
451
002
003
211
004
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 6000/1956
Melbourne Racing Club Act 1956
15
Registered Crown Section or Subdivision Folio of the Register
Proprietors Allotment Portion Parish County Lot No. Plan No. Volume Folio
William Pulteney
Mein of
482 St. Kilda-
road, Melbourne,
Grazier; Stanley
George
Garnsworthy of
8 Strand,
Williamstown,
Secretary; and
Bernard Nolan of
595 Bourke-street,
Melbourne,
Solicitor
A 12 Dandenong Bourke 1 and 2 18775 7595 065
═══════════════
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 6000/1956
Melbourne Racing Club Act 1956
16
ENDNOTES
General Information
The Melbourne Racing Club Act 1956 was assented to on 16 October 1956
and came into operation on 16 October 1956.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 6000/1956
Melbourne Racing Club Act 1956
17
2. Table of Amendments
This Version incorporates amendments made to the Melbourne Racing
Club Act 1956 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date: 16.5.89
Commencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488
Current State: All of Act in operation
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 6000/1956
Melbourne Racing Club Act 1956
18
3. Explanatory Details
No entries at date of publication.
Endnotes