Version incorporating amendments as at
6 September 2023
table of provisions
Section Page
1 Short title and commencement 1
2 Definitions 1
3 Objects 3
5 Duties of the Minister 5
6 Powers of the Minister 6
14 Application of moneys for sporting and recreational purposes 9
14A Power to Treasurer to execute guarantee 10
15 Application of moneys for developing Australian Football 11
15A Expenses of and charges for camps and other recreational programmes 12
Endnotes 16
1 General information 16
2 Table of Amendments 18
3 Explanatory details 21
Version No.035
Sport and Recreation Act 1972
No. 8344 of 1972
Version incorporating amendments as at
6 September 2023
An Act to establish a Department of Youth, Sport and Recreation and for other purposes.
BE IT 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 and commencement
S. 1(1) amended by No. 42/1986
s. 16.
(1) This Act may be cited as the Sport and Recreation Act 1972.
(2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
S. 2
amended by No. 9057
s. 2(a)(i).
2 Definitions
(1) In this Act, unless inconsistent with the context or subject-matter—
S. 2(1) def. of Minister repealed by No. 42/1986
s. 16.
S. 2(1) def. of department amended by No. 42/1986
s. 16,
repealed by No. 100/1995
s. 58(a).
S. 2(1) def. of Director General repealed by No. 100/1995 s. 58(a).
S. 2(1) def. of repealed by No. 9057
s. 2 (a)(ii).
Section 1 - Sport and Recreation Act 1972 - Sport and Recreation Act 1972 | Zoe
council
S. 2(1) def. of sporting activities inserted by No. 10105 s. 4.
sporting activities means sporting activities other than horse racing, harness racing, pony racing and greyhound racing;
S. 2(1) def. of sporting or recreational lands amended by Nos 12/1989
s. 4(1) (Sch. 2 item 110.1), 25/2023 s. 7(Sch. 1 item 25).
sporting or recreational lands means—
(a) lands which have been granted or reserved by His Majesty for sporting or recreational purposes or are available for such purposes;
(b) lands which are held in fee-simple by a municipal council or public statutory body and which are occupied for sporting or recreational purposes;
(c) lands which are held in fee-simple by or on behalf of a body corporate or unincorporate which exists for the purpose of providing or promoting sport or recreation and which applies its profits in promoting its objects and prohibits the payment of any dividend or amount to its members;
(d) lands which are held on trust in fee‑simple for sporting or recreational purposes or on trusts which permit the lands to be used for sporting or recreational purposes;
S. 2(1) def. of Treasurer inserted by No. 9384 s. 2.
Treasurer means the Treasurer of Victoria;
voluntary organization means any person or body of persons whether corporate or unincorporate carrying on or proposing to carry on an undertaking otherwise than for the personal profit of an individual member or members and includes any person or persons who is or are engaged in any activities which in the opinion of the Minister will assist in the attainment of the objects of this Act.
S. 2(2) inserted by No. 9057
s. 2(a)(iii), amended by Nos 10120
ss 6, 9, 42/1986
s. 16,
repealed by No. 100/1995 s. 57(a).
3 Objects
The objects of this Act are—
S. 3(a) substituted by No. 10120 s. 4, repealed by No. 42/1986
s. 16.
(b) to promote the fitness and general health of the people of Victoria and for that purpose it shall be the duty of the Minister—
(i) to encourage active participation in sporting activities;
(ii) to encourage and assist in the attainment of higher standards of safety performance and proficiency in sporting activities;
S. 3(b)(iii) amended by No. 12/1989
s. 4(1)(Sch. 2 item 110.2).
(iii) to assist voluntary organizations, Government departments, public statutory bodies, municipal councils and other persons or bodies to provide facilities and services for sport and to improve existing facilities and services;
(iv) to promote co-operation between voluntary organizations; and
S. 3(b)(v) amended by No. 12/1989
s. 4(1)(Sch. 2 item 110.2).
(v) to encourage the co-ordination of the activities of Government departments, public statutory bodies, municipal councils and other persons or bodies concerned with sport;
(c) to improve the facilities available to the people of Victoria for leisure-time pursuits and for that purpose it shall be the duty of the Minister—
(i) to encourage and assist with the provision of additional opportunities for recreation for individuals and family groups;
S. 3(c)(ii) amended by No. 12/1989
s. 4(1)(Sch. 2 item 110.2).
(ii) to encourage and assist voluntary organizations, Government departments, public statutory bodies, municipal councils and other persons or bodies to provide facilities and services or to improve existing facilities and services for recreation of all kinds;
(iii) to promote co-operation between voluntary organizations;
S. 3(c)(iv) amended by No. 12/1989
s. 4(1)(Sch. 2 item 110.2).
(iv) to encourage the co-ordination of the activities of Government departments, public statutory bodies, municipal councils and other persons or bodies concerned with recreation; and
(v) to encourage and assist the attainment of high standards of safety in recreational activities.
S. 4
amended by No. 42/1986 s. 16,
repealed by No. 100/1995
s. 58(b).
5 Duties of the Minister
For the purposes of this Act the Minister shall—
(a) take such steps as he considers necessary or desirable to achieve the objects of this Act;
S. 5(b) repealed by No. 100/1995 s. 58(b).
(c) make proposals for the co-ordinated use of the resources of the Government and of the community for the purposes of this Act;
S. 5(d) amended by Nos 9057
s. 2(b), 10120 ss 6, 9, 42/1986 s. 16 repealed by No. 100/1995 s. 57(a).
S. 5(e) repealed by No. 100/1995 s. 58(b).
6 Powers of the Minister
S. 6(1) amended by No. 9057
s. 2(c)(i)(ii).
(1) For the purposes of this Act the Minister may—
(a) arrange for such surveys investigations and research to be carried out as are in his opinion necessary or desirable;
(b) cause the results of any such surveys investigations or research to be published;
(c) cause any information relating to the objects of the Act to be published and disseminated;
S. 6(1)(d) amended by No. 9449 s. 2.
(d) authorize the payment of financial grants or subsidies subject to such terms and conditions as the Minister thinks fit;
(e) initiate or encourage planning and co‑ordination;
(f) promote means of communication and consultation;
(g) provide or assist with the provision of training and coaching courses, programmes, services and facilities;
S. 6(1)(h) inserted by No. 9057
s. 2(c)(ii).
(h) establish and maintain camps and other facilities for recreation;
S. 6(1)(i) inserted by No. 9057
s. 2(c)(ii), amended by No. 42/1986
s. 16.
(i) provide sport or recreation programmes;
S. 6(1)(j) inserted by No. 9057
s. 2(c)(ii).
(j) make such charges for courses, programmes, publications, services and goods as he considers necessary or desirable.
S. 6(2) inserted by No. 9057
s. 2(c)(ii).
(2) Where under the powers conferred by this Act the Minister is providing courses programmes publications services or goods which are directly comparable with those provided by any other person and he is providing them in direct competition with that other person, he shall not avail himself of any privilege or advantage that pertains to him by reason of his position as a Minister of the Crown.
S. 6(3) inserted by No. 9449 s. 3, amended by No. 12/1989
s. 4(1)(Sch. 2 item 110.3).
(3) Without derogating from the power of the Minister to enter into any agreement or arrangement for or in connexion with the administration of this Act or the carrying out of his functions under this Act, the Minister may enter into any agreement or arrangement with any voluntary organization, person (including a Minister of the Crown) or body of persons, municipal council or public statutory authority to carry out any works or undertaking or to provide any services which the Minister has power to carry out or provide under this Act on such terms and conditions as are agreed upon between the Minister and the voluntary organization, person or body of persons, municipal council or public statutory authority as the case may be.
S. 7
repealed by No. 100/1995
s. 58(b).
S. 8
amended by No. 9268
s. 2, substituted by No. 10120 s. 5, repealed by No. 42/1986
s. 16.
S. 9
amended by No. 9861
s. 3(1), substituted by No. 10120 s. 5, repealed by No. 42/1986
s. 16.
S. 10 amended by Nos 8550 s. 2, 9861 s. 3(1), repealed by No. 42/1986
s. 16.
S. 11 amended by No. 9057
s. 2(d)(e), substituted by No. 10105 s. 5 (as amended by No. 10120 s. 13(a)–(c)), repealed by No. 100/1995 s. 57(a).
S. 12 substituted by No. 9057
s. 2(f), amended by Nos 9427
s. 6(1)(Sch. 5 item 195), 9861 s. 3(1), substituted by No. 10105 s. 7, repealed by No. 100/1995 s. 57(a).
S. 12A inserted by No. 9057
s. 2(f), substituted by No. 10120 s. 8, repealed by No. 100/1995 s. 57(a).
S. 12B inserted by No. 9057
s. 2(f), amended by No. 9861
s. 3(1), substituted by No. 10120 s. 8, repealed by No. 100/1995 s. 57(a).
S. 13 substituted by No. 9057
s. 2(f), amended by Nos 10120
ss 6, 9, 42/1986 s. 16, repealed by No. 100/1995 s. 57(a).
14 Application of moneys for sporting and recreational purposes
S. 14(1) repealed by No. 9861
s. 3(1).
S. 14(2) amended by Nos 8550 s. 3, 8581 s. 14, 9057
s. 3(a)(i)(ii), repealed by No. 9861
s. 3(1).
S. 14(3) amended by Nos 9861
s. 3(1), 12/1989
s. 4(1)(Sch. 2 item 110.4), 31/1994
s. 3(Sch. 1 item 51).
(3) Out of the moneys available for sporting and recreational purposes there shall be paid all such moneys as the Minister directs for or with respect to sport or recreation and without limiting the generality of the foregoing the Minister may pay out of the moneys appropriated by Parliament for sporting and recreational purposes an amount by way of loan or grant to a municipal council or other public statutory authority or to a voluntary organization for or towards—
(a) the cost incurred in making permanent improvements to sports grounds sports premises or recreational facilities established on sporting or recreational lands;
(b) the cost of amenities for participants or spectators at such grounds premises or facilities;
(c) the cost of sports or recreational equipment and aids;
(d) the cost of training or coaching services facilities, equipment and aids; and
(e) the cost of providing assistance to schools for the promotion of sport and recreation in schools.
S. 14A inserted by No. 9384 s. 3.
14A Power to Treasurer to execute guarantee
S. 14A (1) amended by Nos 10120
ss 6, 9, 42/1986 s.16, 100/1995
s. 57(b).
(1) Upon the recommendation of the Minister, the Treasurer may execute in favour of any person a guarantee guaranteeing the repayment of the whole or part of a loan to be made by that person to a voluntary organization for the purpose of providing sporting or recreational facilities.
(2) A guarantee by the Treasurer pursuant to subsection (1)—
(a) shall, subject to this subsection be in such form and subject to such terms and conditions as he thinks fit;
S. 14A(2)(b) amended by No. 9549
s. 2(1)(Sch. item 264).
(b) may extend to any interest charges and other expenses chargeable by the person making the loan to the borrower and the expenses of enforcing or obtaining or endeavouring to enforce or obtain repayment of the loan and those interest charges and expenses;
(c) may be subject to a condition that the person making the loan shall obtain, take and hold or retain and hold securities of such nature as the Treasurer may require for the repayment of the loan and the payment of any interest charges and expenses;
(d) shall be subject to a condition that the person making the loan shall not without the prior consent in writing of the Treasurer assign or encumber the benefit of the guarantee; and
(e) shall not be enforceable against the Treasurer unless and until the person making the loan has, to the Treasurer's satisfaction, exercised its rights and remedies under all securities held by or for it in respect of the loan and any interest charges and expenses.
(3) Any sums required by the Treasurer of Victoria for fulfilling any guarantee given under this Act shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sums received or recovered by the said Treasurer in respect of any sums so paid by the Treasurer shall be paid into the Consolidated Fund.
15 Application of moneys for developing Australian Football
S. 15(1) amended by No. 9057
s. 3(b), repealed by No. 9861
s. 3(1).
S. 15(2) amended by Nos 8550 s. 4, 8581 s. 15, 9057 s. 3(e), repealed by No. 9861
s. 3(1).
S. 15(3) amended by Nos 9861
s. 3(1), 31/1994 s. 3 (Sch. 1 item 51).
(3) Out of the moneys available for the purposes of encouraging and developing Australian Football there shall be paid all such moneys as the Minister directs for or towards all or any of the following purposes—
S. 15(3)(a) amended by No. 9057
s. 3(c).
(a) the encouragement promotion and development of Australian Football;
S. 15(3)(aa) inserted by No. 9057
s. 3(d).
(aa) the improvement of football grounds used for Australian Football and the facilities and amenities at those grounds;
(b) assisting persons schools clubs or associations to obtain equipment to be used in or in connexion with the playing of Australian Football; and
(c) improving the standards of Australian Football.
S. 15A inserted by No. 9057 s. 4, substituted by No. 9861
s. 3 (1).
15A Expenses of and charges for camps and other recreational programmes
S. 15A(1) amended by No. 31/1994
s. 3(Sch. 1 item 51).
(1) There shall be paid out of the moneys available for the purposes of camps and recreational programmes such expenses as are incurred by the Minister for or in relation to the administration of such camps and recreational programmes.
(2) All fees and charges received for camps or other recreational programmes and all moneys received for the sale of goods, services and publications shall be paid into the Consolidated Fund.
S. 16 substituted by No. 8499 s. 2, amended by Nos 8799 s. 4, 9019 s. 2(1) (Sch. item 251),
repealed by No. 42/1986 s.16.
S. 17 amended by No. 10120
ss 11, 12, repealed by No. 100/1995 s. 57(c).
S. 18 amended by Nos 9057
s. 3(f)(g), 10120 s. 12, repealed by No. 100/1995 s. 57(c).
S. 19
repealed by No. 8550
s. 5, new s. 19 inserted by No. 9057 s. 5, substituted by No. 10105 s. 8 (as amended by No. 10120 s. 15), amended by No. 42/1986
s. 16,
repealed by No. 100/1995
s. 57(c).
S. 20 amended by No. 8656
s. 2(1), repealed by No. 100/1995 s. 58(b).
S. 21
repealed by No. 100/1995
s. 58(b).
S. 22
repealed by No. 31/1994
s. 4(Sch. 2 item 77).
S. 23 substituted by No. 9057 s. 6, amended by No. 9212
s. 2(2), repealed by No. 100/1995 s. 58(b).
S. 24
repealed by No. 100/1995
s. 58(b).
S. 25
repealed by No. 100/1995 s. 57(c).
S. 26
repealed by No. 9863
s. 2.
Sch. (Heading)
repealed by No. 21/2015 s. 3(Sch. 1 item 50).
Sch.
repealed by No. 100/1995
s. 58(b).
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.
The Sport and Recreation Act 1972 was assented to on 12 December 1972 and came into operation on 19 December 1972: Government Gazette 13 December 1972 page 3978.
The name of this Act was changed from the Youth, Sport and Recreation Act 1972 to the Sport and Recreation Act 1972 by Act No. 42/1986, section 16.
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 Sport and Recreation Act 1972 by Acts and subordinate instruments.
Ss 1, 2 on 31.5.94: s. 2(1); s. 3(Sch. 1 items 1–59, 61–68) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984; s. 4(Sch. 2 items 1–108) on 1.1.95: Government Gazette 28.7.94 p. 2055; s. 3(Sch. 1 item 60) repealed by No. 75/1994 s. 13