State Sport Centres Act 1994

Version No. 034

State Sport Centres Act 1994

No. 117 of 1994

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 5

Part 2—State Sport Centres Trust 6

5 Establishment of Trust 6

6 Functions of Trust 6

6A Minister may give directions to Trust 8

6B Minister must approve carrying out of certain functions 8

7 Powers of Trust 8

8 Trust represents the Crown 9

10 Members of the Trust 9

11 Terms and conditions of appointment 9

12 Chairperson 10

13 Vacancies 10

14 Temporary vacancies 11

15 Trust may act despite vacancy etc. 11

16 Pecuniary and other interests of members 11

17 Meetings 12

18 Resolutions without meetings 13

19 Immunity 13

20 Chief executive officer and other staff 14

21 Delegation 14

Part 3—Particular powers of the trust 15

Division 1—Management powers 15

22 General management powers of Trust 15

23 Reciprocal arrangements with public sector agencies 16

23A Management powers over additional land 17

23B Minister may delegate approval power in relation to leases that are not major leases 17

Division 2—Melbourne Sports and Aquatic Centre land 18

24 Albert Park land 18

25 Trust may enter into agreements to operate services and facilities 19

25A Trust to manage Melbourne Sports and Aquatic Centre land 19

25B Powers to enter into leases 20

25C Power to grant licences over Melbourne Sports and Aquatic Centre land 21

26 No compensation payable 23

Division 3—State Netball and Hockey Centre land 23

26A Trust to manage State Netball and Hockey Centre land 23

26B Powers to enter into leases 24

26C Power to grant licences over State Netball and Hockey Centre land 25

Division 3A—Knox Regional Sports Park land and Lakeside Oval Reserve land 27

26FA Knox Regional Sports Park land and Lakeside Oval Reserve land 27

26FB Trust to manage Knox Regional Sports Park land 28

26FC Trust to manage Lakeside Oval Reserve land 29

26FD Powers to enter into leases 29

26FE Power to grant licences over Knox Regional Sports Park land or Lakeside Oval Reserve land 31

Division 4—Additional Melbourne Sports and Aquatic Centre land 33

26G Revocation of reservations—Distance Education Centre land and former railway land 33

26H Additional land included in Albert Park as Melbourne Sports and Aquatic Centre land 34

26I Registrar of Titles to make necessary amendments 34

Part 4—Finances and reporting 35

27 Borrowing and investment powers 35

28 State Sports Centres Fund 35

29 Accounts 37

30 Business plan 37

Part 5—General 39

31 Supreme Court—limitation of jurisdiction 39

32 Regulations 39

33 By-laws 42

34 Proceedings for offences 43

Part 6—Transitional provisions 44

36 References to Act 44

37 Change in name of Trust 44

38 Saving of certain matters in respect of State Netball and Hockey Centre 45

39 Application of Project Development and Construction Management Act 1994 45

40 Transitional provisions—State Sport Centres (Amendment) Act 2004 47

41 Transitional provisions—State Sport Centres Legislation Amendment Act 2022 47

42 Previous decisions, matters or things of the Trust not affected 49

Schedule 1—Melbourne Sports and Aquatic Centre land 50

Schedule 2—Former Distance Education Centre land 51

Schedule 3—Former railway land 52

Schedule 4—Knox Regional Sports Park Land 53

Schedule 5—Lakeside Oval Reserve Land 54

Endnotes 55

1 General information 55

2 Table of Amendments 57

3 Explanatory details 59

Version No. 034

State Sport Centres Act 1994

No. 117 of 1994

Version incorporating amendments as at
21 August 2024

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1 Purposes

The purposes of this Act are—

S. 1(a) amended by No. 60/1999 s. 5(1).

(a) to establish a State Sport Centres Trust;

(b) to provide for the construction, management and operation of a Melbourne Sports and Aquatic Centre;

(c) to provide for the use and promotion of a Melbourne Sports and Aquatic Centre;

(d) to provide for the use of the Melbourne Sports and Aquatic Centre land;

S. 1(e)
inserted by No. 60/1999 s. 5(2), substituted by No. 41/2022 s. 3.

(e) to provide for the management, promotion, operation and use of—

(i) the Knox Regional Sports Park; and

(ii) the Lakeside Stadium; and

(iii) the State Netball and Hockey Centre;

S. 1(f)
inserted by No. 60/1999 s. 5(2), substituted by No. 41/2022 s. 3.

(f) to provide for the use of—

(i) the Knox Regional Sports Park land; and

(ii) the Lakeside Oval Reserve land; and

(iii) the State Netball and Hockey Centre land;

S. 1(g)
inserted by No. 60/1999 s. 5(2).

(g) to provide for the planning, development, management, promotion, operation and use of other sports, recreation and entertainment facilities and services in Victoria.

2 Commencement

(1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3) the remainder of this Act comes into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

3 Definitions

S. 3 def. of Albert Park inserted by No. 70/2004 s. 4(a).

Albert Park has the same meaning as it has in the Australian Grands Prix Act 1994;

S. 3 def. of Centre repealed by No. 60/1999 s. 6(a).

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S. 3 def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 18.1).

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

S. 3 def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 18.1).

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

S. 3 def. of gaming substituted by No. 114/2003 s. 12.1.3(Sch. 6 item 12), repealed by No. 70/2004 s. 4(c).

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S. 3 def. of Knox Regional Sports Park inserted by No. 41/2022 s. 4.

Knox Regional Sports Park means the facility or facilities for the purposes of sporting, education, recreational, social, entertainment and related purposes constructed on the Knox Regional Sports Park land;

S. 3 def. of Knox Regional Sports Park land inserted by No. 41/2022 s. 4.

Knox Regional Sports Park land means the land shown in the plan in Schedule 4, being Crown Allotment 2287 on the plan numbered OP124603 lodged in the Central Plan Office;

S. 3 def. of Lakeside Oval Reserve land inserted by No. 41/2022 s. 4.

Lakeside Oval Reserve land means the land shown in the plan in Schedule 5, being Crown Allotment 2343 on the plan numbered OP123110 lodged in the Central Plan Office;

S. 3 def. of Lakeside Stadium inserted by No. 41/2022 s. 4.

Lakeside Stadium means the facility or facilities for the purposes of sporting, education, recreational, social, entertainment and related purposes constructed on the Lakeside Oval Reserve land;

S. 3 def. of major lease inserted by No. 28/2024 s. 45.

major lease means a lease that—

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

(b) is over the whole of any of the lands referred to in paragraphs (a) to (d) of the definition of State Sport Centres land;

S. 3 def. of Melbourne Sports and Aquatic Centre inserted by No. 60/1999 s. 6(b), amended by No. 70/2004 s. 4(d).

Melbourne Sports and Aquatic Centre means the facility or facilities for the purposes of sporting, education, recreational, social, entertainment and related purposes known as the Melbourne Sports and Aquatic Centre constructed by the Trust on Melbourne Sports and Aquatic Centre land;

S. 3 def. of Melbourne Sports and Aquatic Centre land substituted by Nos 68/1997
s. 3(1), 57/2001 s. 62, 70/2004 s. 4(b).

Melbourne Sports and Aquatic Centre land means the land shown hatched in the plan in Schedule 1;

member in relation to the Trust, includes the chairperson and deputy chairperson of the Trust;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 158.1).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3 def. of State Netball and Hockey Centre inserted by No. 60/1999 s. 6(b).

State Netball and Hockey Centre means the facility or facilities for the purposes of sport, recreation, entertainment or social activities and related purposes constructed on the State Netball and Hockey Centre land;

S. 3 def. of State Netball and Hockey Centre land inserted by No. 60/1999 s. 6(b).

State Netball and Hockey Centre land means the land shown hatched on the plan in Schedule 2 to the Royal Park Land Act 1999;

S. 3 def. of State Sport Centres inserted by No. 41/2022 s. 4.

State Sport Centres means the following—

(a) the Knox Regional Sports Park;

(b) the Lakeside Stadium;

(c) the Melbourne Sports and Aquatic Centre;

(d) the State Netball and Hockey Centre;

S. 3 def. of State Sport Centres land inserted by No. 41/2022 s. 4.

State Sport Centres land means the following—

(a) the Knox Regional Sports Park land;

(b) the Lakeside Oval Reserve land;

(c) the Melbourne Sports and Aquatic Centre land;

(d) the State Netball and Hockey Centre land;

S. 3 def. of stratum inserted by No. 60/1999 s. 6(b).

stratum means a part of land consisting of a space of any shape above or below or partly above and partly below the surface of the land, all the dimensions of which are limited;

S. 3 def. of Trust amended by No. 60/1999 s. 6(c).

Trust means the State Sport Centres Trust established by this Act.

S. 4
repealed by No. 68/1997
s. 3(2), new s. 4 inserted by No. 51/2014 s. 9(Sch. 2 item 18.2).

4 Filming Approval Act 2014

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

Pt 2 (Heading) substituted by No. 60/1999 s. 7.

Part 2—State Sport Centres Trust

5 Establishment of Trust

S. 5(1) amended by No. 60/1999 s. 8.

(1) There is established by this Act a Trust to be known as the State Sport Centres Trust.

(2) The Trust—

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

(b) has a common seal; and

(c) may sue or be sued in its corporate name; and

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all acts and things which by law bodies corporate may do or suffer.

(3) The common seal of the Trust must be kept as directed by the Trust and may only be used as authorised by the Trust.

(4) All courts, judges and persons acting judicially must take judicial notice of the common seal of the Trust affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

6 Functions of Trust

The functions of the Trust are to provide for all or any of the following matters—

S. 6(a) amended by No. 70/2004 s. 5(1).

(a) the planning, design and construction of a facility to be known as the Melbourne Sports and Aquatic Centre to be used for sporting, education, recreational, social, entertainment and related purposes;

S. 6(b) amended by Nos 60/1999 s. 9(a), 41/2022 s. 5(a).

(b) the management, operation and maintenance of the State Sport Centres;

S. 6(c) amended by Nos 60/1999 s. 9(b), 41/2022 s. 5(a).

(c) the care, improvement, use and promotion of the State Sport Centres;

S. 6(d) amended by Nos 60/1999 s. 9(c), 41/2022 s. 5(a).

(d) the efficient financial management of the State Sport Centres;

S. 6(da) inserted by No. 60/1999 s. 9(d), amended by No. 41/2022 s. 5(b).

(da) the care, protection and management of the Knox Regional Sports Park land and the State Netball and Hockey Centre land;

S. 6(dab) inserted by No. 70/2004 s. 5(2), amended by No. 41/2022 s. 5(c).

(dab) the care, protection and management of the Lakeside Oval Reserve land and the Melbourne Sports and Aquatic Centre land, including maintaining that land and the facilities on that land to a standard that complements Albert Park;

S. 6(db) inserted by No. 60/1999 s. 9(d).

(db) subject to this Act, the planning, development, management, promotion, operation and use of other sports, recreation and entertainment facilities and services in Victoria;

S. 6(dc) inserted by No. 60/1999 s. 9(d).

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

S. 6(dd) inserted by No. 19/2003 s. 32(1), amended by No. 70/2004 s. 5(3).

(dd) to carry out any other function conferred on or given to the Trust by or under this Act or any other Act;

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

S. 6A
inserted by No. 60/1999 s. 10.

6A Minister may give directions to Trust

(1) The Minister may give the Trust directions in relation to the carrying out of its functions under this Act.

(2) The Trust must comply with the directions of the Minister in carrying out its functions under this Act.

S. 6B
inserted by No. 60/1999 s. 10, amended by No. 41/2022 s. 6.

6B Minister must approve carrying out of certain functions

The Trust must obtain the written approval of the Minister before carrying out any of its functions or exercising any of its powers under this Act with respect to land, facilities or services other than the State Sport Centres or the State Sport Centres land.

7 Powers of Trust

(1) The Trust has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

(2) For the purpose of achieving its functions, the Trust also has the powers listed in Parts 3 and 4, but these powers do not limit its general powers.

8 Trust represents the Crown

In performing its functions and exercising its powers and duties under this Act, the Trust represents the Crown.

S. 9
repealed by No. 60/1999 s. 11.

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S. 10 amended by No. 28/2024 s. 46.

10 Members of the Trust

The Trust shall consist of not less than 5, and not more than 11, part-time members appointed by the Governor in Council having regard to their capacity to carry out the functions of the Trust and having qualifications and experience that the Governor in Council considers appropriate.

11 Terms and conditions of appointment

(1) A member of the Trust may be appointed for any term not exceeding 3 years specified in the instrument of appointment but, subject to subsection (2), is eligible for re-appointment.

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

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

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

(3) A member of the Trust is entitled to be paid any remuneration or travelling or other allowances fixed for that member from time to time by the Governor in Council.

S. 11(4) amended by No. 46/1998
s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 188), 80/2006 s. 26(Sch. item 97).

(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.

(5) A member is appointed subject to any other terms and conditions that are specified in the instrument of appointment.

12 Chairperson

(1) The Minister must appoint one of the members as chairperson of the Trust and may appoint another of the members as deputy chairperson of the Trust.

(2) The chairperson and deputy chairperson may resign their office by notice in writing delivered to the Minister.

13 Vacancies

(1) A member may resign by notice in writing signed by the member and delivered to the Minister.

(2) The office of a member becomes vacant—

(a) if the member becomes bankrupt; or

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

(c) if the member is absent from 3 consecutive meetings of the Trust without the prior leave of the Trust.

14 Temporary vacancies

(1) If the office of a member of the Trust is vacant or a member of the Trust is unable, whether because of illness or otherwise, to perform the duties of office of member, the Minister may appoint a person to act as a member while the office is vacant or during that period of inability.

S. 14(2) amended by No. 28/2024 s. 47.

(2) A person appointed to act as a member of the Trust has, while so acting, the rights, powers and duties of the member for whom the person acts.

(3) A person appointed to act as a member is entitled to receive any remuneration, travelling and other allowances fixed for that member by the Minister.

15 Trust may act despite vacancy etc.

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

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

(b) a vacancy in the office of member; or

(c) in the case of an acting member, the occasion for the member acting has not arisen.

16 Pecuniary and other interests of members

S. 16(1) amended by No. 28/2024 s. 48.

(1) A member who—

(a) has a direct or indirect pecuniary interest in; 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 must, as soon as practicable after the relevant facts have come to the member's knowledge, declare the nature of the interest at a meeting.

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

(3) After a declaration is made by a member—

(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 the matter; and

(c) if the member does vote on the matter, the vote must be disallowed.

17 Meetings

S. 17(1) amended by No. 28/2024 s. 49.

(1) The chairperson of the Trust, or in the chairperson's absence, the deputy chairperson of the Trust or, in the absence of both of them, a member appointed by the members present, must preside at a meeting of the Trust.

(2) A question must not be determined at a meeting of the Trust unless a quorum consisting of a majority of its current membership is present.

(3) A question arising at a meeting of the Trust shall be determined by a majority of the members present and voting on that question and, in the event of an equality of votes, the person presiding at a meeting shall have a second or casting vote.

(4) The Trust must meet at the times and places determined by it or, in the absence of a determination by the Trust, by the chairperson of the Trust.

(5) The Trust may permit members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.

18 Resolutions without meetings

(1) If the members for the time being (other than a member who is absent from Australia when the other members sign) sign a document containing a statement that those members are in favour of a resolution in terms set out in the document, a resolution in those terms shall be taken to have been passed at a meeting of the Trust held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last member to sign signs the document.

(2) If a resolution is, under subsection (1), taken to have been passed at a meeting of the Trust, each member must be advised as soon as practicable and given a copy of the terms of the resolution.

(3) For the purposes of subsection (1), two or more separate documents containing a statement in identical terms, each of which is signed by one or more members, shall be taken to constitute one document.

19 Immunity

(1) A member or the chief executive officer of the Trust is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—

(a) in the exercise of a power or the performance of a function or duty under this Act; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function or duty under this Act.

(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to the member or chief executive officer, attaches instead to the Trust.

20 Chief executive officer and other staff

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

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

(3) The Trust must not remove the chief executive officer from office except with the approval of the Minister.

(4) The Trust may engage such other officers and employees as are necessary for the performance of its functions.

(5) The Trust may engage any consultants that it requires to exercise its functions.

(6) The terms and conditions of appointment, employment or engagement are as determined by the Trust.

21 Delegation

The Trust may, by instrument under its common seal, delegate to one or more members of the Trust or to the chief executive officer any function, power or duty of the Trust except this power of delegation.

Part 3—Particular powers of the trust

Division 1—Management powers

S. 22 (Heading) inserted by No. 41/2022 s. 7(1).

22 General management powers of Trust

The Trust has power to—

S. 22(a) amended by No. 19/2003 s. 32(2).

(a) enter into contracts, agreements or arrangements with any person or body for carrying out all or any of its functions, powers and duties under this Act or any other Act;

(b) apply for, acquire and hold any licence under any Act;

S. 22(c) amended by No. 60/1999 s. 12(a), substituted by No. 41/2022 s. 7(2).

(c) charge fees for entry to the State Sport Centres or any part of the State Sport Centres land or for the use of any facilities or services at the Centres or on the land;

S. 22(d) inserted by No. 60/1999 s. 12(b), repealed by No. 41/2022 s. 7(2).

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S. 22(e) inserted by No. 60/1999 s. 12(b).

(e) charge fees for entry to any other sports, recreation and entertainment facilities or services managed or operated by the Trust.

23 Reciprocal arrangements with public sector agencies

(1) With the consent of the Governor in Council given on the Minister's recommendation the Trust may enter into an agreement or arrangement with a public sector agency concerning—

(a) the carrying out by the Trust and the public sector agency of any of their respective functions or powers; or

(b) the carrying out or providing by the Trust for the public sector agency, or by the public sector agency for the Trust, of any works or services; or

(c) the use or joint use by the Trust and the public sector agency of their respective facilities or the services of their respective staff; or

(d) the allocation of funds collected under the agreement or arrangement.

(2) If the Trust proposes to enter into an agreement or arrangement providing for the allocation of funds to be collected under the agreement or arrangement, the Minister must consult the Treasurer about the proposal before making any recommendation under subsection (1).

(3) In this section public sector agency means a Minister, government department, a body established by or under an Act for a public purpose, a municipal council or a committee of management of Crown lands.

S. 23A inserted by No. 41/2022 s. 8.

23A Management powers over additional land

If the Trust is appointed as a committee of management under the Crown Land (Reserves) Act 1978 over any land, then—

(a) despite anything to the contrary in the Crown Land (Reserves) Act 1978 or any regulations made under that Act, the Trust may exercise its powers and functions under this Act (other than section 25) in relation to that land as if it were State Sport Centres land; and

(b) to the extent that there is any inconsistency between the powers and functions of the Trust under this Act and the Crown Land (Reserves) Act 1978 or any regulations made under that Act, this Act prevails.

S. 23B inserted by No. 28/2024 s. 50.

23B Minister may delegate approval power 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 25B, 26B or 26FD 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 State Sport Centres land; and

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

(c) may be in relation to a class of leases that are not major leases or a specific 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.

Division 2—Melbourne Sports and Aquatic Centre land

24 Albert Park land

(1) Despite anything to the contrary in any Act or any regulations made under the Crown Land (Reserves) Act 1978—

S. 24(1)(a) amended by No. 68/1997
s. 4(1).

(a) that part of the land reserved by Order in Council dated 21 March 1876 that is Melbourne Sports and Aquatic Centre land and the whole of the land reserved by Order in Council dated 10 October 1995 and published in the Government Gazette on 12 October 1995 may be used for—

S. 24(1)(a)(i) amended by No. 70/2004 s. 6(1).

(i) the purposes of sport, education, recreation, entertainment or social activities; or

(ii) purposes connected with the purposes in subparagraph (i); or

(iii) the erection of buildings or structures or the carrying out of works for those purposes;

S. 24(1)(b) repealed by No. 70/2004 s. 6(2).

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S. 24(2) repealed by No. 70/2004 s. 6(3).

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S. 24(3) inserted by No. 68/1997 s. 4(2), amended by No. 57/2001 s. 63, repealed by No. 70/2004 s. 6(3).

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S. 25 substituted by No. 70/2004 s. 7.

25 Trust may enter into agreements to operate services and facilities

The Trust may enter into agreements to operate services and facilities on the Melbourne Sports and Aquatic Centre land for the purposes described in section 24(1).

S. 25A inserted by No. 70/2004 s. 8.

25A Trust to manage Melbourne Sports and Aquatic Centre land

(1) The Trust is responsible for the care, protection and management of the Melbourne Sports and Aquatic Centre land.

(2) On the commencement of section 8 of the State Sport Centres (Amendment) Act 2004—

(a) the appointment of any committee of management of that land under the Crown Land (Reserves) Act 1978 is revoked to the extent that it relates to the Melbourne Sports and Aquatic Centre land; and

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

S. 25B inserted by No. 70/2004 s. 8.

25B Powers to enter into leases

(1) The Trust may grant a lease of the Melbourne Sports and Aquatic Centre land or any part (including a stratum) of that land for any of the purposes described in section 24(1).

S. 25B(2) amended by No. 28/2024 s. 51.

(2) Subject to section 23B, the Trust may only grant a lease under subsection (1) with the approval of the Minister.

(3) 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 (in the lease or otherwise) 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 (in the lease or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or communications systems) 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.

(4) A lease granted under subsection (1) may be for a term not exceeding 50 years.

(5) 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.

(6) This section has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978.

S. 25C inserted by No. 70/2004 s. 8.

25C Power to grant licences over Melbourne Sports and Aquatic Centre land

(1) The Trust may grant a licence to enter and use any part (including a stratum) of the Melbourne Sports and Aquatic Centre land or any building on that land for any of the purposes described in section 24(1).

(2) The Trust must not grant a licence under subsection (1) unless the Trust is satisfied that, to the extent that the licence applies to a stratum of land—

(a) the licensee for the time being under the licence can obtain reasonable access to and use of the land to be licensed; and

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

(c) provision has been made (in the licence or otherwise) 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 (in the licence or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or communications systems) 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 licensee's rights or obligations under the licence will not interfere with the public use of that land as a road.

(3) A licence granted under this section—

(a) may be for a period not exceeding 50 years; and

(b) is subject to the terms and conditions determined by the Trust.

(4) This section has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978.

26 No compensation payable

No compensation is payable by the Crown in respect of anything done under or arising out of section 24(1) or because of the granting of a lease to the Trust or the transfer or assignment of any of the Trust's interest under a lease by or under this Division.

S. 26AA inserted by No. 57/2001
s. 64, amended by No. 70/2004 s. 9, repealed by No. 41/2022 s. 9.

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Pt 3 Div. 3 (Heading and ss 26A–26F) inserted by No. 60/1999 s. 13.

Division 3—State Netball and Hockey Centre land

S. 26A inserted by No. 60/1999 s. 13.

26A Trust to manage State Netball and Hockey Centre land

(1) The Trust is responsible for the care, protection and management of the State Netball and Hockey Centre land.

(2) On the commencement of section 13 of the Melbourne Sports and Aquatic Centre (Amendment) Act 1999—

(a) the appointment of any committee of management of that land under the Crown Land (Reserves) Act 1978 is revoked to the extent that it relates to the State Netball and Hockey Centre land; and

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

S. 26B inserted by No. 60/1999 s. 13.

26B Powers to enter into leases

(1) The Trust may grant a lease of the State Netball and Hockey Centre land or any part (including a stratum) of that land for any of the purposes described in section 4 of the Royal Park Land Act 1999.

S. 26B(2) amended by No. 28/2024 s. 52.

(2) Subject to section 23B, the Trust may only grant a lease under subsection (1) with the approval of the Minister.

(3) 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 (in the lease or otherwise) 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 (in the lease or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or communications systems) 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.

(4) A lease granted under subsection (1) may be for a term not exceeding 50 years.

(5) 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.

(6) This section has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978.

S. 26C inserted by No. 60/1999 s. 13.

26C Power to grant licences over State Netball and Hockey Centre land

(1) The Trust may grant a licence to enter and use any part (including a stratum) of the State Netball and Hockey Centre land or any building on that land for any of the purposes described in section 4 of the Royal Park Land Act 1999.

(2) The Trust must not grant a licence under subsection (1) unless the Trust is satisfied that, to the extent that the licence applies to a stratum of land—

(a) the licensee for the time being under the licence can obtain reasonable access to and use of the land to be licensed; and

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

(c) provision has been made (in the licence or otherwise) 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 (in the licence or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or communications systems) 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 licensee's rights or obligations under the licence will not interfere with the public use of that land as a road.

(3) A licence granted under this section—

(a) may be for a period not exceeding 50 years; and

(b) is subject to the terms and conditions determined by the Trust.

(4) This section has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978.

S. 26D inserted by No. 60/1999 s. 13, amended by No. 41/2022 s. 10, repealed by No. 28/2024 s. 53(1).[1]

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S. 26E inserted by No. 60/1999 s. 13, repealed by No. 28/2024 s. 54.

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S. 26F inserted by No. 60/1999 s. 13, repealed by No. 28/2024 s. 55.

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Pt 3 Div. 3A (Heading and ss 26FA–26FE) inserted by No. 41/2022 s. 11.

Division 3A—Knox Regional Sports Park land and Lakeside Oval Reserve land

S. 26FA inserted by No. 41/2022 s. 11.

26FA Knox Regional Sports Park land and Lakeside Oval Reserve land

(1) Despite anything to the contrary in any Act or any regulations made under the Crown Land (Reserves) Act 1978, that part of the land reserved by Order in Council published in the Government Gazette on 4 December 2001 that is the Knox Regional Sports Park land may be used for—

(a) the purposes of sporting, education, recreational, social or entertainment activities; or

(b) purposes connected with the purposes in paragraph (a); or

(c) the erection of buildings or structures or the carrying out of works for those purposes.

(2) Despite anything to the contrary in any Act or any regulations made under the Crown Land (Reserves) Act 1978, that part of the land reserved by Order in Council dated 21 March 1876 that is the Lakeside Oval Reserve land may be used for—

(a) the purposes of sporting, education, recreational, social or entertainment activities; or

(b) purposes connected with the purposes in paragraph (a); or

(c) the erection of buildings or structures or the carrying out of works for those purposes.

S. 26FB inserted by No. 41/2022 s. 11.

26FB Trust to manage Knox Regional Sports Park land

(1) This section applies subject to section 41(1)(a).

(2) The Trust is responsible for the care, protection and management of the Knox Regional Sports Park land.

(3) On the commencement of the State Sport Centres Legislation Amendment Act 2022—

(a) the appointment of any committee of management of that land under the Crown Land (Reserves) Act 1978 is revoked to the extent that it relates to the Knox Regional Sports Park land; and

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

S. 26FC inserted by No. 41/2022 s. 11.

26FC Trust to manage Lakeside Oval Reserve land

(1) The Trust is responsible for the care, protection and management of the Lakeside Oval Reserve land.

(2) On the commencement of the State Sport Centres Legislation Amendment Act 2022—

(a) the appointment of any committee of management of that land under the Crown Land (Reserves) Act 1978 is revoked to the extent that it relates to the Lakeside Oval Reserve land; and

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

S. 26FD inserted by No. 41/2022 s. 11.

26FD Powers to enter into leases

(1) The Trust may grant a lease of the Knox Regional Sports Park land or any part (including a stratum) of that land for any of the purposes described in section 26FA(1).

(2) The Trust may grant a lease of the Lakeside Oval Reserve land or any part (including a stratum) of that land for any of the purposes described in section 26FA(2).

S. 26FD(3) amended by No. 28/2024 s. 56.

(3) Subject to section 23B, the Trust may only grant a lease under subsection (1) or (2) with the approval of the Minister.

(4) The Minister must not approve the granting of a lease under subsection (1) or (2) 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 (in the lease or otherwise) 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 (in the lease or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or communications systems) 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.

(5) A lease granted under subsection (1) or (2) may be for a term not exceeding 50 years.

(6) A lease granted under subsection (1) or (2)—

(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.

(7) This section has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978.

S. 26FE inserted by No. 41/2022 s. 11.

26FE Power to grant licences over Knox Regional Sports Park land or Lakeside Oval Reserve land

(1) The Trust may grant a licence to enter and use any part (including a stratum) of the Knox Regional Sports Park land or any building on that land for any of the purposes described in section 26FA(1).

(2) The Trust may grant a licence to enter and use any part (including a stratum) of the Lakeside Oval Reserve land or any building on that land for any of the purposes described in section 26FA(2).

(3) The Trust must not grant a licence under subsection (1) or (2) unless the Trust is satisfied that, to the extent that the licence applies to a stratum of land—

(a) the licensee for the time being under the licence can obtain reasonable access to and use of the land to be licensed; and

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

(c) provision has been made (in the licence or otherwise) 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 (in the licence or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or communications systems) 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 licensee's rights or obligations under the licence will not interfere with the public use of that land as a road.

(4) A licence granted under this section—

(a) may be for a period not exceeding 50 years; and

(b) is subject to the terms and conditions determined by the Trust.

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

Pt 3 Div. 4 (Heading and ss 26G–26I) inserted by No. 70/2004 s. 10.

Division 4—Additional Melbourne Sports and Aquatic Centre land

S. 26G inserted by No. 70/2004 s. 10.

26G Revocation of reservations—Distance Education Centre land and former railway land

(1) The Order in Council dated 17 July 2001 and published in the Government Gazette on 19 July 2001 at page 1688 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 2.

(2) The Order in Council dated 10 October 1995 and published in the Government Gazette on 12 October 1995 at page 2900 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 3.

(3) Subject to section 26H, on the revocation by this section of the Orders in Council reserving land—

(a) that land is deemed 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 that land is revoked to the extent that it relates to that land; and

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

S. 26H inserted by No. 70/2004 s. 10.

26H Additional land included in Albert Park as Melbourne Sports and Aquatic Centre land

On the revocation of the reservations referred to in section 26G, the land—

(a) is deemed to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 as a site for a Public Park; and

(b) is deemed to be included in, and form part of, the land reserved as a site for a Public Park by Order in Council dated 21 March 1876 and published in the Government Gazette on 24 March 1876 at page 568; and

(c) is part of the Melbourne Sports and Aquatic Centre land.

S. 26I inserted by No. 70/2004 s. 10.

26I Registrar of Titles to make necessary amendments

The Registrar of Titles must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Act.

Part 4—Finances and reporting

27 Borrowing and investment powers

The Trust has the powers conferred on it by the Borrowing and Investment Powers Act 1987.

S. 28 substituted by No. 60/1999 s. 14.

28 State Sports Centres Fund

(1) The Trust must establish and maintain a fund to be known as the "State Sports Centres Fund".

S. 28(2) substituted by No. 41/2022 s. 12.

(2) There must be paid into the State Sports Centres Fund—

(a) all money received by or paid to the Trust in respect of the State Sport Centres or the State Sport Centres land; and

(b) all money received by or paid to the Trust in respect of any other sports, recreation and entertainment facilities or services (other than State Sport Centres) managed or operated by the Trust; and

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

(d) any income received by the Trust from the investment of moneys in the Fund.

S. 28(3) inserted by No. 41/2022 s. 12.

(3) Money in the Fund may be applied only—

(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 State Sport Centres or the State Sport Centres land; and

(ii) any other sports, recreation and entertainment facilities or services (other than the State Sport Centres) managed or operated by the Trust; and

(b) in payment of the costs of the management of the State Sport Centres or the State Sport Centres land or the provision of services at the Centres or on that land, including the costs of employing and engaging people for the purposes of managing and operating the Centres and that land or the provision of services at the Centres or on that land; and

(c) in payment of the costs of the management of any other sports, recreation and entertainment facilities or services (other than the State Sport Centres) managed or operated by the Trust or the provision of services at those facilities, including the costs of employing and engaging people for the purposes of managing and operating the facilities or the provision of those services; and

(d) in payment of any other amount—

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

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

S. 28A inserted by No. 60/1999 s. 14, repealed by No. 41/2022 s. 13.

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S. 28B inserted by No. 60/1999 s. 14, repealed by No. 41/2022 s. 13.

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S. 29
substituted by No. 11/2001 s. 3(Sch. item 70).

29 Accounts

The Trust may open and maintain one or more accounts in the name of the Trust with any authorised deposit-taking institution or institutions within the meaning of the Banking Act 1959 of the Commonwealth.

30 Business plan

S. 30(1) amended by Nos 60/1999 s. 15(a), 41/2022 s. 14(a).

(1) The Trust must prepare a business plan for the State Sport Centres each year.

S. 30(2) amended by Nos 60/1999 s. 15(b), 41/2022 s. 14(b).

(2) The Trust must give a copy of the proposed plan to the Minister on or before the date in each year that is determined by the Minister.

S. 30(3) amended by Nos 60/1999 s. 15(c), 41/2022 s. 14(c).

(3) 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 and performance measures;

(b) financial statements containing the information required by the Minister;

(c) any other matters that the Minister directs.

S. 30(4) amended by Nos 60/1999 s. 15(d)(i)(ii), 41/2022 s. 14(d).

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

S. 30(5) amended by Nos 60/1999 s. 15(e)(i)(ii), 41/2022 s. 14(d).

(5) The Trust must consult in good faith with the Minister following communication to it of the comments, must make such changes to the plan as are agreed between the Minister and the Trust and must deliver the completed plan to the Minister within 3 months after the plan was submitted to the Minister.

S. 30(6) amended by Nos 60/1999 s. 15(f)(i)(ii), 41/2022 s. 14(e).

(6) The plan, or any part of the plan, must not be published or made available except for the purposes of this Part without the prior approval of the Trust and the Minister.

Part 5—General

31 Supreme Court—limitation of jurisdiction

It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in respect of anything done under or arising out of section 24(1) or because of the granting of a lease to the Trust or the transfer or assignment of any of the Trust's interest under a lease by or under Division 2 of Part 3.

32 Regulations

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

S. 32(1)(a) substituted by No. 60/1999 s. 16(a).

(a) the control, management and use of—

S. 32(1)(a)(i) substituted by No. 41/2022 s. 15(a).

(i) the State Sport Centres and the State Sport Centres land; and

S. 32(1)(a)(ii) repealed by No. 41/2022 s. 15(a).

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(iii) any other sports, recreation and entertainment facilities or services managed or operated by the Trust;

S. 32(1)(b) substituted by No. 60/1999 s. 16(b).

(b) the prohibition or regulation of any activity—

S. 32(1)(b)(i) substituted by No. 41/2022 s. 15(b).

(i) at the State Sport Centres or on the State Sport Centres land; or

S. 32(1)(b)(ii) repealed by No. 41/2022 s. 15(b).

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(iii) at any other sports, recreation and entertainment facilities or services managed or operated by the Trust;

S. 32(1)(c) amended by No. 60/1999 s. 16(c)(i)(ii), substituted by No. 41/2022 s. 15(c).

(c) the protection of people in the State Sport Centres or on the State Sport Centres land from injury or nuisance;

S. 32(1)(ca) inserted by No. 60/1999 s. 16(d).

(ca) the protection of people at any other sports, recreation and entertainment facilities or services managed or operated by the Trust from injury or nuisance;

(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;

S. 32(1)(e) substituted by No. 60/1999 s. 16(e).

(e) the exclusion or expulsion of persons found contravening the regulations from—

S. 32(1)(e)(i) substituted by No. 41/2022 s. 15(d).

(i) the State Sport Centres or the State Sport Centres land; or

S. 32(1)(e)(ii) repealed by No. 41/2022 s. 15(d).

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(iii) any other sports, recreation and entertainment facilities or services managed or operated by the Trust;

(f) 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;

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

(c) may confer a discretionary authority or impose a duty on a specified person or class of persons;

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

(e) 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.

S. 32(2A) inserted by No. 51/2014 s. 9(Sch. 2 item 18.3).

(2A) 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.

S. 32(3) amended by No. 78/2010 s. 24(Sch. 1 item 30.1).

(3) The regulations may be disallowed, in whole or in part, by resolution of either House of the Parliament.

S. 32(4) repealed by No. 78/2010 s. 24(Sch. 1 item 30.2).

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33 By-laws

S. 33(1) substituted by No. 60/1999 s. 17.

(1) The Trust, with the approval of the Minister, may make by-laws for or with respect to fees and charges for—

(a) admission to—

S. 33(1)(a)(i) substituted by No. 41/2022 s. 16(a).

(i) the State Sport Centres or any part of the State Sport Centres land;

S. 33(1)(a)(ii) repealed by No. 41/2022 s. 16(a).

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(iii) any other sports, recreation and entertainment facilities or services managed or operated by the Trust;

(b) the use of any facilities or services—

S. 33(1)(b)(i) substituted by No. 41/2022 s. 16(b).

(i) at the State Sport Centres or on the State Sport Centres land;

S. 33(1)(b)(ii) repealed by No. 41/2022 s. 16(b).

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(iii) at any other sports, recreation and entertainment facilities or services managed or operated by the Trust.

(2) The by-laws may—

(a) set minimum or maximum fees and charges;

(b) be of general or limited application;

(c) differ according to differences in time, place or circumstance;

(d) 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 by-laws; or

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

(e) confer a discretionary authority or impose a duty on a specified person or class of persons.

S. 33(3) inserted by No. 51/2014 s. 9(Sch. 2 item 18.4).

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

S. 34 amended by No. 37/2014 s. 10(Sch. item 158.2).

34 Proceedings for offences

Proceedings for an offence against the regulations may be brought by a police officer or a person authorised to do so, either generally or in a particular case by the Trust.

S. 35
repealed by No. 68/1997
s. 3(2).

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Pt 6 (Heading and s. 36) substituted as Pt 6 (Heading and ss 36–39) by No. 60/1999 s. 18.

Part 6—Transitional provisions

S. 36 substituted by No. 60/1999 s. 18.

36 References to Act

On and from the commencement of section 4 of the Melbourne Sports and Aquatic Centre (Amendment) Act 1999, a reference to the Melbourne Sports and Aquatic Centre Act 1994 in any Act (other than this Act) or in any subordinate instrument or other document is deemed to be a reference to the State Sport Centres Act 1994.

S. 37
inserted by No. 60/1999 s. 18.

37 Change in name of Trust

(1) The State Sport Centres Trust is deemed to be the same body as the Melbourne Sports and Aquatic Centre Trust despite the change in its name and no act, matter or thing is to be affected because of that change of name.

(2) The members of the Melbourne Sports and Aquatic Centre Trust holding office immediately before the commencement of section 8 of the Melbourne Sports and Aquatic Centre (Amendment) Act 1999 continue to hold office after that commencement as members of the State Sport Centres Trust on the same terms and conditions as those on which they held office as members of the Melbourne Sports and Aquatic Centre Trust.

(3) A reference in any document to the "Melbourne Sports and Aquatic Centre Trust" is deemed to be a reference to the "State Sport Centres Trust".

S. 38
inserted by No. 60/1999 s. 18.

38 Saving of certain matters in respect of State Netball and Hockey Centre

On and from the commencement of section 13 of the Melbourne Sports and Aquatic Centre (Amendment) Act 1999—

(a) any lease or licence entered into by a committee of management in respect of the State Netball and Hockey Centre land and existing immediately before that commencement continues and has effect as if entered into by the Trust as lessor or licensor as the case requires; and

(b) the Trust is substituted as a party to any contract or agreement—

(i) entered into by a committee of management in respect of the State Netball and Hockey Centre or the State Netball and Hockey Centre land; and

(ii) existing immediately before that commencement.

S. 39
inserted by No. 60/1999 s. 18.

39 Application of Project Development and Construction Management Act 1994

(1) The State Netball and Hockey Centre is a nominated project within the meaning of the Project Development and Construction Management Act 1994 by virtue of the nomination order.

(2) Nothing in this Act affects any thing done or to be done, whether before, on or after the commencement of section 18 of the Melbourne Sports and Aquatic Centre (Amendment) Act 1999, in relation to the State Netball and Hockey Centre or the State Netball and Hockey Centre land by—

(a) the responsible Minister for the nominated project under the Project Development and Construction Management Act 1994; or

(b) the facilitating agency for the nominated project under the Project Development and Construction Management Act 1994.

(3) Nothing in this Act affects the operation of any Order made under the Project Development and Construction Management Act 1994 in respect of the State Netball and Hockey Centre or the State Netball and Hockey Centre land.

(4) Nothing in this Act prevents an Order being made under the Project Development and Construction Management Act 1994 in respect of the State Netball and Hockey Centre or the State Netball and Hockey Centre land.

(5) In this section—

nomination order means the Order of the Governor in Council made under the Project Development and Construction Management Act 1994 in relation to the State Netball and Hockey Centre on 1 December 1998 and published in the Government Gazette on 3 December 1998 at page 2958;

nominated project means the State Netball and Hockey Centre declared by the nomination order to be a project to which the Project Development and Construction Management Act 1994 applies.

S. 40 inserted by No. 70/2004 s. 11.

40 Transitional provisions—State Sport Centres (Amendment) Act 2004

Any sub-lease, licence or agreement entered into by the Trust under section 25(2) and in existence immediately before the commencement of section 7 of the State Sport Centres (Amendment) Act 2004 continues to have effect, on and from that commencement for the remainder of the term of that sub-lease, licence or agreement as if any reference to the Trust as the lessee of the land under a lease under section 24 (as in force immediately before its amendment by the State Sport Centres (Amendment) Act 2004) were a reference to the Trust as the body responsible for the care, protection and management of the Melbourne Sports and Aquatic Centre land under section 25A.

S. 41 inserted by No. 41/2022 s. 17.

41 Transitional provisions—State Sport Centres Legislation Amendment Act 2022

(1) On and from the commencement of the State Sport Centres Legislation Amendment Act 2022—

(a) the Knox Regional Sports Park land lease, and any agreements, leases or licences entered into under the Knox Regional Sports Park land lease—

(i) continue and have effect for the duration of the terms of those agreements, leases or licences as agreements, leases or licences under the Crown Land (Reserves) Act 1978; and

(ii) if there is any inconsistency between the terms of the Knox Regional Sports Park land lease and this Act, the terms of that lease prevail; and

(b) the Lakeside Oval Reserve land lease continues and has effect as if it were made under this Act, and—

(i) a reference in the Lakeside Oval Reserve land lease to the Minister for Energy, Environment and Climate Change is taken to be a reference to the State Sport Centres Trust; and

(ii) to the extent that there is any inconsistency or duplication between the responsibilities, rights and obligations of the Trust as Minister or Manager under the Lakeside Oval Reserve land lease, the responsibilities, rights and obligations of the Trust as Minister prevail; and

(c) the Lakeside Oval Reserve land licence continues and has effect as if it were granted by the Trust as licensor under this Act.

(2) Nothing effected by this section—

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

(3) In this section—

Knox Regional Sports Park land lease means the lease entered into between the Minister for Environment and Climate Change and Knox City Council made on 23 November 2009, as assigned by the Deed of Assignment of Lease made on 13 July 2022 by Knox City Council and the State Sport Centres Trust;

Lakeside Oval Reserve land lease means the lease entered into between the Minister for Energy, Environment and Climate Change, the State Sport Centres Trust and South Melbourne Hellas Limited dated 30 June 2016;

Lakeside Oval Reserve land licence means the licence granted by the State Sport Centres Trust to South Melbourne Hellas Limited dated 30 June 2016 and approved by the Minister for Energy, Environment and Climate Change on 25 July 2016.

S. 42 inserted by No. 28/2024 s. 57.

42 Previous decisions, matters or things of the Trust not affected

(1) On and from the commencement of Part 7 of the State Sporting Legislation Amendment Act 2024, the Trust is taken to be the same body as it was immediately before the commencement, despite the changes to the constitution of the Trust made by that Act, and no decision, matter or thing is to be affected by those changes.

(2) The members of the Trust holding office immediately before the commencement of Part 7 of the State Sporting Legislation Amendment Act 2024 continue to hold office as members after that commencement on the same terms and conditions on which they held office as members immediately before the commencement.

Sch. substituted by No. 68/1997
s. 5,
re-numbered as Sch. 1 by No. 57/2001 s. 65, substituted by No. 70/2004 s. 12.

Schedule 1—Melbourne Sports and Aquatic Centre land

551154

Sch. 2 (Heading) substituted by No. 70/2004 s. 13.

Sch. 2 inserted by No. 57/2001 s. 66.

Schedule 2—Former Distance Education Centre land

94-117

Sch. 3 inserted by No. 70/2004 s. 14.

Schedule 3—Former railway land

551154_1

Sch. 4 inserted by No. 41/2022 s. 18.

Schedule 4—Knox Regional Sports Park Land

View image in the official source

Sch. 5 inserted by No. 41/2022 s. 18.

Schedule 5—Lakeside Oval Reserve Land

View image in the official source

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: 10 November 1994

Legislative Council: 7 December 1994

The long title for the Bill for this Act was "A Bill to establish a Melbourne Sports and Aquatic Centre Trust to administer a Melbourne Sports and Aquatic Centre, and to provide for the use of certain Albert Park land and for other purposes.".

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 10 November 1994

Legislative Council: 7 December 1994

Absolute majorities:

Legislative Assembly: 6 December 1994

Legislative Council: 13 December 1994

The Melbourne Sports and Aquatic Centre Act 1994 was assented to on 20 December 1994 and came into operation as follows:

Sections 1, 2 on 20 December 1994: section 2(1); rest of Act on 1 June 1995: Special Gazette (No. 45) 31 May 1995 page 1

The name of this Act was changed from the Melbourne Sports and Aquatic Centre Act 1994 to the State Sport Centres Act 1994 by Act No. 60/1999 section 4.

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 State Sport Centres Act 1994 by Acts and subordinate instruments.

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

Melbourne Sports and Aquatic Centre (Amendment) Act 1997, No. 68/1997

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Melbourne Sports and Aquatic Centre (Amendment) Act 1999, No. 60/1999

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Commonwealth Games Arrangements Act 2001, No. 57/2001

Major Events (Crowd Management) Act 2003, No. 19/2003

Gambling Regulation Act 2003, No. 114/2003

State Sport Centres (Amendment) Act 2004, No. 70/2004

Public Administration Act 2004, No. 108/2004

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Subordinate Legislation Amendment Act 2010, No. 78/2010

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Filming Approval Act 2014, No. 51/2014

State Sport Centres Legislation Amendment Act 2022, No. 41/2022

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

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

3 Explanatory details

1. S. 26D (repealed): See section 53(2) and (3) of the State Sporting Legislation Amendment Act 2024, No. 28/2024, in relation to this repeal.

Section 53(2) and (3) read as follows:

53 Section 26D repealed

(2) The State Netball and Hockey Centre Advisory Committee established by section 26D of the State Sport Centres Act 1994 is abolished.

(3) A person holding office as a member of the State Netball and Hockey Centre Advisory Committee under section 26D(2), (2A) or (3) of the State Sport Centres Act 1994 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. ↑