Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963

This Act creates a single body corporate called the Victoria Amateur Turf Club (incorporating the Melbourne Racing Club) and transfers specified real and personal property from two predecessor bodies into that new corporate entity. Mechanically, the Act:

Constitutes the new body corporate and specifies who are its inaugural members: members of the pre-existing Victoria Amateur Turf Club and the Melbourne Racing Club who meet the subscription requirements set out in s 3(1) (notably payment by a specified transitional date) and thereafter any persons admitted under the club rules (s 3(1)(a)-(b)).
Grants the club corporate capacity, perpetual succession, a common seal, the capacity to sue and be sued and broad powers to acquire, hold, dispose of and encumber property (s 3(2)).
Vests, as of 1 August 1963, land and other real and personal property listed in the Second and Third Schedules and property held on behalf of either predecessor club into the new body corporate, subject to recorded encumbrances and certain purchasers’ rights noted in the Third Schedule (s 4(1)-(3); Schs 2-3).
Authorises the predecessor committees to enter an agreement to settle transitional matters for the first committee, office-bearers, subscriptions, employees’ rights and other matters; such an agreement has the effect of club rules once made (s 3(3)-(4)).
Confers broad operational powers on the club to operate racecourses, conduct many types of sporting and entertainment events, build and maintain buildings, run refreshment and liquor services (subject to the Licensing Act 1958), borrow and lend money, impose tolls and charges with member exemptions, employ staff and enter arrangements with government and authorities (s 5(a)-(j)).
Provides governance architecture: annual general meetings and special general meetings (s 6), a committee to manage affairs with elections conducted under the rules (s 7), and rule-making power for membership, committee composition, meeting procedure, by-laws and rules of racing (s 11).

Victorian Legislation and Parliamentary Documentsi Version No. 001 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 Act No. 7015/1963 Version incorporating amendments as at 17 August 2001 TABLE OF PROVISIONS Section Page

Short title 3
Definitions 3
Victoria Amateur Turf Club 4
Vesting in body corporate of real and personal property of or held in trust for Turf Club or Racing Club 6
Powers of club 7
Annual and special general meetings 10
Committee 10
Application of income and property 10
Application of property upon dissolution 11
As to existing rights, actions etc. in relation to Turf Club and Racing Club 11
Power to make vary and amend rules 12
Consequential amendments of the Racing Act 1958 13

SCHEDULES 15 SCHEDULE 1 15 SCHEDULE 2 16 SCHEDULE 3 17 ═══════════════ ENDNOTES 30

General Information 30
Table of Amendments 31
Explanatory Details 32

Victorian Legislation and Parliamentary Documents1 Version No. 001 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 Act No. 7015/1963 Version incorporating amendments as at 17 August 2001 An Act to constitute a Body Corporate by the name of Victoria Amateur Turf Club (incorporating the Melbourne Racing Club) the Members of which shall be the Members of a certain Voluntary Association known as Victoria Amateur Turf Club and the Members of the Melbourne Racing Club a Body Corporate constituted by Melbourne Racing Club Act 1956 and to vest in the said Body Corporate certain Real and Personal Property now held on behalf of the Victoria Amateur Turf Club by the Committee thereof or by Trustees therefor and certain other Real and Personal Property now vested in the Melbourne Racing Club and to provide for the Management of the said Body Corporate and for other purposes. Preamble WHEREAS in or about the year One thousand eight hundred and seventy-five there was formed in the Colony of Victoria a certain voluntary association called Victoria Amateur Turf Club (hereinafter called the "Turf Club"): AND WHEREAS in the year One thousand nine hundred and fifty-six a club called the Melbourne Racing Club (hereinafter called the "Racing Club") was constituted under Melbourne Racing Club Act 1956: AND WHEREAS at a general meeting of the Turf Club held on the fourth day of March One thousand nine hundred and sixty-three it was resolved that a postal ballot be held and pursuant to that resolution a postal ballot was duly held on the nineteenth day of March One thousand nine

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 2 hundred and sixty-three and the resolution set out in Part A of the First Schedule was passed by a majority of the members of the Turf Club who voted at the ballot: AND WHEREAS at a general meeting of the Racing Club held on the fourth day of March One thousand nine hundred and sixty-three the resolution set out in Part B of the First Schedule as passed by an absolute majority of the members of the Racing Club: AND WHEREAS it is expedient that the amalgamation of the said clubs should be facilitated: AND WHEREAS the various items of real property more particularly described in the Second Schedule to this Act are now held upon trust for the members for the time being of the Turf Club and personal property of substantial value is now vested in the committee of the said club for the purposes of the Turf Club: AND WHEREAS the various items of real property more particularly described in the Third Schedule to this Act are now vested in the Racing Club and personal property of substantial value is also vested in the Racing Club: AND WHEREAS for the better management of the affairs of the Turf Club and the Racing Club and the better maintenance and control of the real and personal property aforesaid and for the more efficient development and use of the properties vested in the said clubs it is expedient that the said clubs be amalgamated and for that purpose that there should be constituted a body corporate under the name of Victoria Amateur Turf Club (incorporating the 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 shall be granted by the Parliament of Victoria: Preamble

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 3 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):

Short title This Act may be cited as Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963.
Definitions In this Act unless inconsistent with the context or subject-matter— "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 Victoria Amateur Turf Club (incorporating the 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; "Melbourne Racing Club" means the Melbourne Racing Club constituted under the Melbourne Racing Club Act 1956; "Racing Club" means the Melbourne Racing Club; s. 1

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 4 "rules" means the rules made by the body corporate pursuant to this Act and includes the provisions of any agreement made pursuant to the powers contained in sub- section (3) of section three of this Act; "Secretary" means the principal executive officer or officers of the club by whatever name called; "the body corporate" means Victoria Amateur Turf Club (incorporating the Melbourne Racing Club) as constituted by this Act; "Turf Club" means the voluntary association known as the Victoria Amateur Turf Club. 3. Victoria Amateur Turf Club (1) As on and from the first day of August One thousand nine hundred and sixty-three there shall be a body corporate by the name of Victoria Amateur Turf Club (incorporating the Melbourne Racing Club) consisting of— (a) all persons who immediately before the said first day of August were members of the Turf Club or of the Racing Club and who on or before the first day of September One thousand nine hundred and sixty-three pay the subscription required to be paid by members of the club and who thereafter continue to be members of the club; and (b) all persons who under and in accordance with the provisions of the rules of the club 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 s. 3

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 5 shall be lawful for the body corporate to purchase take on lease or licence or in exchange or otherwise acquire and to receive hold enjoy and take possession of real and personal property of any description whatsoever and also to sell grant exchange convey demise reserve or grant easements over or otherwise dispose of or deal with either absolutely or by way of mortgage charge lien or other encumbrance any of the property real or personal which may at any time be vested in or otherwise belong to the body corporate and generally to exercise all powers incidental to a body corporate. (3) The Committee of the Turf Club and the Committee of the Racing Club are hereby authorized and empowered to enter into an agreement for or with respect to any matter necessary or expedient to be provided for or in relation to the amalgamation of the Turf Club and the Racing Club and without limiting the generality of the foregoing any such agreement may provide— (a) for the constitution and tenure of office of the first committee of the club; (b) for the persons who are to be members of the first committee of the club; (c) for the rights of any member of the committee of the Turf Club or the Racing Club who is not appointed to the committee of the club; (d) as to the office-bearers of the club; (e) as to the subscriptions of members of the club; (f) for the preservation of the rights and privileges of all employés of the Turf Club and the Racing Club; and s. 3

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 6 (g) for any matter or thing in respect of which rules may be made pursuant to section eleven of this Act. (4) Any agreement made pursuant to the provisions of the last preceding sub-section shall notwithstanding anything in this Act operate and have effect in all respects as if the provisions of the agreement were rules of the club duly made pursuant to the provisions of this Act. 4. Vesting in body corporate of real and personal property of or held in trust for Turf Club or Racing Club (1) Upon the first day of August One thousand nine hundred and sixty-three 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 Second and Third Schedules 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 and subject to the rights of the purchasers named in Part B of the Third Schedule; (b) all other real property of whatsoever nature or tenure vested or held immediately before the said date in or by trustees for the use or benefit of the members for the time being of the Turf Club or the Racing Club; (c) all personal property of whatsoever nature or description vested in or held by the committee of the Turf Club or any other person on behalf of or for the use or benefit of the Turf Club or vested in or held on behalf of the Racing Club for the use and benefit of the Racing Club: s. 4 S. 4(1)(a) amended by No. 18/1989 s. 13(Sch. 2 item 100(a)).

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 7 Provided that nothing in this section shall apply to any lands described in Part B of the Third Schedule to this Act in respect of which a transfer has been executed by the Racing Club before the commencement of this Act. (2) The Registrar of Titles must make any recordings in 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 certificate of title must if requested to do so deliver 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 Act 1958 the Registrar of Titles upon application made to him in that behalf and upon proof of the facts relating thereto and on payment of the proper fees shall give effect in the Register to such vesting by registering the body corporate as the proprietor of such land. 5. Powers of club In addition to the powers otherwise conferred upon it by this Act the club 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 S. 4(2) substituted by No. 18/1989 s. 13(Sch. 2 item 100(b)). S. 4(3) amended by No. 18/1989 s. 13(Sch. 2 item 100(c)). s. 5

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 8 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 and installations 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 or installation as occasion may require; (d) to carry on business as refreshment contractors restaurant keepers and refreshment room proprietors and (subject to the provisions of the Licensing Act 1958) 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 employés as may in the opinion of the committee be required for any of the purposes aforesaid; s. 5

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 9 (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 employés or former employés of the club or the dependants or connexions of such persons and to grant pensions and allowances and to make payments towards insurances and to subscribe or guarantee money for charitable or benevolent objects or for any exhibition or for any public general or useful object; (i) to enter into any arrangement or make any contract or agreement with any Government or any authority (whether statutory or otherwise) for the purpose of exercising or carrying into execution any of the powers or authorities by this Act conferred on the club and to obtain from such Government or authority any rights privileges or concessions 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. s. 5

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 10 6. Annual and special general meetings (1) In each calender 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 powers and authorities conferred by this Act on the club. (2) Elections of members of the committee shall be conducted 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. s. 6

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 11 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 (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 Turf Club and Racing Club 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 Turf Club or any person or persons as representing the Turf Club or by or against the Racing Club or its committee may upon the commencement of this Act be enforced commenced or continued by or (as the case may be) against the club. s. 9

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 12 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; (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 and 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 Act. s. 11

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 13 12. Consequential amendments of the Racing Act 1958 (1) The Racing Act 1958 is hereby amended as follows— (a) in paragraph (e) of section thirteen for the words "Victoria Amateur Turf Club" there shall be substituted the expression "Victoria Amateur Turf Club (incorporating the Melbourne Racing Club)"; (b) in sub-section (1) of section one hundred and sixteen B— (i) for the words "eight members" there shall be substituted the words "seven members"; (ii) in paragraph (b) after the words "Turf Club" there shall be inserted the expression "(incorporating the Melbourne Racing Club)"; (iii) paragraph (d) shall be repealed; (c) in sub-section (1) of section one hundred and sixteen E for the words "five members" there shall be substituted the words "four members"; (d) in paragraphs (a) and (c) of section one hundred and nineteen and in section one hundred and twenty and in sub-section (2) of section one hundred and twenty-two after the words "the Caulfield Race-course" there shall be inserted the words "the Sandown Race-course". (2) This section shall come into force on the first day of August One thousand nine hundred and sixty- three. s. 12

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 14 (3) On the commencement of this section the person appointed a member of the Totalizator Agency Board on the nomination of the Racing Club shall go out of office but the Totalizator Agency Board shall be the same Board after the alteration to its constitution effected by this section as before and nothing shall be affected or abated by the change in the constitution of the said Board.

s. 12

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 15 SCHEDULES FIRST SCHEDULE PART A Resolution passed on a ballot of the members of the Victoria Amateur Turf Club held on the nineteenth day of March One thousand nine hundred and sixty-three. "That this meeting approve the merger with the Melbourne Racing Club and authorize the Committee to do all acts and things necessary to effect and finance the merger including the submission of the proposal to the Government of Victoria for approval and for the passing of appropriate legislation." PART B Resolution passed by the members of the Melbourne Racing Club at a general meeting held on the fourth day of March One thousand nine hundred and sixty-three. "That this meeting approve the merger with the Victoria Amateur Turf Club and authorize the Committee to do all acts and things necessary to effect and finance the merger including the submission of the proposal to the Government of Victoria for approval and for the passing of appropriate legislation.".

Sch. 1

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 16 SECOND SCHEDULE Lands held in trust for the Victoria Amateur Turf Club and to be vested in the Victoria Amateur Turf Club (incorporating the Melbourne Racing Club) by this Act being lands of which Sir Norman de Winton Robinson and Sir Rupert Clarke are the registered proprietors. PART A Being the lands comprised in the following Folios of the Register: Volume Folio Volume Folio 1673 . . 434 5589 . . 727 2323 . . 558 5589 . . 728 2984 . . 740 5738 . . 554 3137 . . 292 6126 . . 137 3166 . . 125 6918 . . 511 3787 . . 382 6918 . . 512 3927 . . 268 7394 . . 601 4220 . . 847 8062 . . 526 4336 . . 128 8141 . . 331 4375 . . 820 8298 . . 057 4600 . . 986 8298 . . 058 5326 . . 054 8298 . . 059 5589 . . 724 8298 . . 060 5589 . . 726 PART B Being an equal undivided one third part or share in the lands comprised in the following Folios of the Register: Volume Folio 7329 . . 695 8298 . . 061 8298 . . 062 8298 . . 063

Sch. 2 amended by No. 18/1989 s. 13(Sch. 2 item 100(d)). Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 17 THIRD SCHEDULE Lands vested in the Melbourne Racing Club to be vested in the Victoria Amateur Turf Club (incorporating the Melbourne Racing Club) by this Act. PART A The lands comprised in the following Folios of the Register: Volume Folio 7973 . . 114 8258 . . 963 8349 . . 488 8349 . . 489 PART B Subdivisional land being the lands hereinafter described which have been sold under terms contracts and which are to be vested in the Victoria Amateur Turf Club (incorporating the Melbourne Racing Club) subject to the rights of the respective purchasers under the said contracts: Lot Plan of Subdivision Volume Folio Purchaser 5 51933 8281 941 Vladimir Bahcesaray and Andre Bahcesaray 9 51933 8281 952 Leon Sxykier and Estrea Szykier 10 51933 8281 953 Stjepan Galjar and Dubravka Galjar 17 51933 8281 960 Wolf Milecki 18 51933 8281 961 Harold Thomas White and Isobel Mary Crawford White 19 51933 8281 962 Maurice Bernard and Esther Bernard 20 51933 8281 963 Norman Richard White and Effie Joy White *21 51933 8281 964 Tullio Cester 22 51933 8281 965 Mendel Szwarcbard and Marya Mithilde Szwarcbard 23 51933 8281 966 William Bright 25 51933 8281 968 Leslie Rosenbloom 26 51933 8281 969 Leslie Rosenbloom 27 51933 8281 970 Robert Hector Bowman 32 51933 8281 975 Gino Erminio Coloretti Sch. 3 amended by No. 18/1989 s. 13(Sch. 2 item 100(d)). Sch. 3

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 18 Lot Plan of Subdivision Volume Folio Purchaser 38 51933 8281 981 Francis Henry Jennings 39 51933 8281 982 Francis Henry Jennings *43 51933 8281 986 Arthur Charles Young 44 51933 8281 987 Eric Revell 49 51933 8281 992 Glenn Francis Carboon 52 51933 8281 995 Grant MacDonald 58 51933 8282 002 Dorothy Annie Alice Stanton 61 51933 8282 005 Glenn Francis Carboon 63 51933 8282 007 Edmund Charles Saultry and Millicent Jean Saultry 65 51933 8282 009 Dow Grajower and Josef Paluch 70 51933 8282 014 Maurice Bernard and Esther Bernard 71 51933 8282 015 Harold Thomas White and Isobel Mary Crawford White 74 51933 8282 018 Francis Charles Hurdle 77 51932 8282 021 Giovanni Lazzara and Maria Lazzara 80 51932 8282 024 Antonio Lazzara and Sarina Lazzara 82 51932 8282 026 Norman Degen 83 51932 8282 027 Chana Ryczywol 84 51932 8282 028 Richard Derrick Egan-Lee and Audrey May Egan-Lee 88 51932 8282 032 Tullio Cester 89 51932 8282 033 Tullio Cester 92 51932 8282 036 Norman Degen 93 51932 8282 037 Ercole Cester 94 51933 8282 038 Ercole Cester 100 51932 8282 044 Tullio Cester 101 51932 8282 045 Frederick William Dudley 103 51932 8282 047 Stephan Wyzga and Herta Wyzga 104 51932 8282 048 Alfred Oldham and Mary Oldham 111 51932 8282 055 Jacob Neiger 112 51932 8282 056 Ian Birner 113 51932 8282 057 Halina Goldwasser 114 51932 8282 058 Hana Milecki 115 51932 8282 059 Hana Milecki 121 51933 8282 065 Szyja Teller 129 51932 8282 073 Kenneth David Provan 130 51932 8282 074 Stanley George Garnsworthy 131 51932 8282 075 Stanley George Garnsworthy Sch. 3

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 19 Lot Plan of Subdivision Volume Folio Purchaser 135 51932 8282 079 Mansell Joseph Thompson 136 51932 8282 080 Colin Charles Finlayson 139 51932 8282 083 Stanley George Garnsworthy 140 51932 8282 084 Stanley George Garnsworthy 141 51932 8282 085 Szyja Teller 143 51932 8282 087 Bertram Smith 144 51932 8282 088 Maria Millo 149 51932 8282 093 Kenneth David Provan 151 51932 8282 095 Kenneth David Provan 152 51932 8282 096 The Roman Catholic Trusts Corporation for the Diocese of Melbourne 153 51932 8282 097 Szyja Teller 154 51932 8282 098 Szyja Teller 155 51932 8282 099 Szyja Teller 165 51934 8282 209 Ruth Ellen Jenkins 166 51934 8282 210 Frederick James McAleer 171 51934 8282 215 Frederick Sydney Whittaker Gay 172 51934 8282 216 Eric Revell 183 51934 8282 227 Ivan Debevec 184 51934 8282 228 Miro Medica 187 51934 8282 231 Stefan Wyzga and Herta Wyzga 188 51934 8282 232 Paul Thurszky and Anna Thurszky *197 51934 8282 241 Stanley George Garnsworthy 198 51934 8282 242 Beryl Myra Jones 199 51934 8282 243 Lado Sluga and Maria Sluga 201 51934 8282 245 Dorothy Alice Jacobs 202 51934 8282 246 Donald Jacobs 203 51934 8282 247 Richard Frank 206 51934 8282 250 Stefan Nowak 208 51934 8282 252 Richard Frank 215 51934 8282 259 Doris Isobel Cawsey 217 51934 8282 261 Faye Mahon 244 51935 8282 469 Phillip John Ramsay 245 51935 8282 470 Phillip John Ramsay 246 51935 8282 471 Phillip John Ramsay 247 51935 8282 472 Phillip John Ramsay 249 51935 8282 474 Phillip John Ramsay 250 51935 8282 475 Phillip John Ramsay 268 51935 8282 493 T. S. Carlyon and Co. Pty. Ltd. 271 51935 8282 496 Graham Morton Clarke Sch. 3

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 20 Lot Plan of Subdivision Volume Folio Purchaser 272 51935 8282 497 Graham Morton Clarke 276 51935 8282 501 Lewis Sherwood Ford and Marjory Joyce Ford 282 51937 8282 680 Johannes Gerardus Verhoeven 284 51937 8282 682 Ardianus Martinus Verhoeven 287 51937 8282 685 Moses Tenenbaum 288 51937 8282 686 Moses Tenenbaum 289 51937 8282 687 Henry Apelbaum 293 51937 8282 691 Spyridon Korosidis, Kon Sapountzis and Savvas Genitzaris 295 51937 8282 693 George Fanourakis and Georgia Fanourakis 296 51937 8282 694 Dimitrios Bakas and Agiliki Bakas 299 51937 8282 697 Alexander Seaforth MacKenzie and Isma Beryl MacKenzie 301 51937 8282 699 Henry Apelbaum 302 51937 8282 700 Moses Tenebaum 303 51937 8282 701 Moses Tenenbaum 307 51937 8282 705 Brian John McLennan 308 51937 8282 706 Johannes Gerardus Verhoeven 312 51937 8282 710 John Peter Bertacco 313 51937 8282 711 Eoin Melville Floyd and Alison Helen Floyd 321 51937 8282 719 Doris Elizabeth Walker 325 51936 8282 610 James Alexander Wells 327 51936 8282 612 Albert Revell 328 51936 8282 613 Eric Revell 329 51936 8282 614 Raymond Fraser Dodds 330 51936 8282 615 Reuben Fraser Dodds and Eileen Gertrude Dodds 331 51936 8282 616 Stefan Wozniak 344 51938 8283 001 M. Bellgrove Pty. Ltd. 346 51938 8283 013 Manson Smith 347 51938 8283 014 Francis Henry Jennings *350 51938 8283 017 Donald McHenry Brown 351 51938 8283 018 William Frederick Hodson 358 51936 8282 627 Denis Austin Dowd and Florence Catherine Dowd 363 51936 8282 632 Tadstan Pty. Limited 364 51936 8282 633 William Howard Quasher 365 51936 8282 634 William Howard Quasher Sch. 3

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 21 Lot Plan of Subdivision Volume Folio Purchaser 366 51936 8282 635 William Howard Quasher 367 51936 8282 636 William Howard Quasher *368 51936 8282 637 William Howard Quasher *369 51936 8282 638 William Howard Quasher 370 51936 8282 639 Lou Frankel 374 51936 8282 643 Ronald Morton Stone 376 51936 8282 645 Aron Worth and Frances Rebecca Worth 377 51936 8282 646 Maxwell Golding Price Howgate 379 51936 8282 648 Aron Worth and Frances Rebecca Worth 380 51936 8282 649 Aron Worth and Frances Rebecca Worth 381 51936 8282 650 Aron Worth and Frances Rebecca Worth 382 51936 8282 651 Aron Worth and Frances Rebecca Worth 383 51936 8282 652 Lou Frankel and Hyman Goldberg 384 51936 8282 653 William Howard Quasher 385 51936 8282 654 William Howard Quasher 386 51936 8282 655 William Howard Quasher 387 51936 8282 656 William Howard Quasher 388 51936 8282 657 Donald Arthur Armstrong and Betty Lorraine Armstrong 389 51936 8282 658 Donald Arthur Armstrong and Betty Lorraine Armstrong 390 51938 8283 022 Lucyna Firestone 391 51938 8283 023 Szymon Rogozinski and Anna Rogozinski 393 51938 8283 025 Olga Kyatt 394 51938 8283 026 Olga Kyatt 395 51938 8283 027 John Jopling and Joan Jopling 396 51938 8283 028 Mario Girolimini and Liana Girolimini 399 51940 8283 082 John Ernest Doyle Harcombe 400 51940 8283 083 Charles Francis Fitzgerald 401 51940 8283 084 James Albert Ryan and Arthur Herbert Ryan 402 51940 8283 085 James Albert Ryan and Arthur Herbert Ryan 404 51936 8282 659 Charles Francis Fitzgerald 407 51936 8282 662 Lucyna Firestone Sch. 3

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 22 Lot Plan of Subdivision Volume Folio Purchaser 410 51936 8282 665 Aron Worth and Francis Rebecca Worth *413 51936 8282 668 Edna May Thomas 414 51936 8282 669 Edna May Thomas 415 51936 8282 670 Edna May Thomas 417 51936 8282 672 Lou Frankel and Hyman Goldberg 429 51938 8283 036 M. A. Mitchell and Son Pty. Ltd. 432 51938 8283 039 Frank Alexander Clark 434 51938 8283 041 Michael Fermelis 436 51938 8283 043 Walter Raymond Turnbull 442 51938 8283 049 Joyce Sheppard 445 51938 8283 052 Noreen Mary Simonds 446 51938 8283 053 Frank William Wood and Jeannie Phyllis Wood 449 51938 8283 056 Colin James Renshaw 450 51938 8283 057 Dora Mortimer 451 51940 8283 087 Kyle Christie and Miriam Christie 453 51940 8283 089 Francesco Ellero and Luciano Stefanon 454 51940 8283 090 Francesco Ellero and Luciano Stefanon 455 51938 8283 088 Francesco Ellero and Luciano Stefanon 456 51938 8283 089 Russell William Dunn and Valerie Joan Dunn 457 51940 8283 091 Ray Nathan 462 51940 8283 092 Roy Phillip Keatch and Pauline Keatch 471 51940 8283 101 Larch Constructions Pty. Ltd. 472 51940 8283 102 Larch Constructions Pty. Ltd. 473 51940 8283 103 Larch Constructions Pty. Ltd. 480 51940 8283 110 Shandford Estates Pty. Ltd. 483 51940 8283 113 A. G. Woodland Pty. Ltd. 487 51940 8283 117 Lois Marjorie Wheelan 488 51940 8283 118 Charles Keith Geer 489 51940 8283 119 Charles Keith Geer 490 51940 8283 120 Charles Keith Geer 491 51940 8283 121 Charles Keith Geer 493 51940 8283 123 Ruth Figdor *494 51940 8283 124 Phillip John Ramsay 500 51940 8283 130 Larch Constructions Pty. Ltd. Sch. 3

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 23 Lot Plan of Subdivision Volume Folio Purchaser 503 51940 8283 133 Larch Constructions Pty. Ltd. 506 51940 8283 136 Ormond Builders Pty. Limited 508 51940 8283 138 Christopher Alfred Fry and Doris Ross Fry 515 51940 8283 142 Tadeusz Irlicht 519 51940 8283 146 Barrie Maxwell Goldsmith and Marilyn Pearl Goldsmith 521 51940 8283 148 Elias Harris and Ena Phyllis Harris 525 51937 8282 724 George Edward Muspratt and Dorothy Maud Muspratt 532 51937 8282 731 George Alfred Bright 535 51937 8282 734 Shandford Estates Pty. Ltd. 536 51937 8282 735 Shandford Estates Pty. Ltd. 537 51937 8282 736 Shandford Estates Pty. Ltd. 538 51937 8282 737 Shandford Estates Pty. Ltd. 539 540 51937 51937 8282 8282 738 739    Zygmunt Kruszynski and Barbara Kruszynski 541 51937 8282 740 Ruth Figdor 547 51937 8282 746 Pinkus Grafman and Halina Grafman 548 51935 8282 505 Aron Worth and Frances Rebecca Worth 549 51935 8282 506 Aron Worth and Frances Rebecca Worth 550 51935 8282 507 Lou Frankel and Hyman Goldberg 553 51939 8283 060 Raymond Harold Quinn and Irene Valda Quinn 554 51939 8283 061 Jacques Rosenberg, Adam Frydman and Gerald Norman Grant 557 51939 8283 064 Jacques Rosenberg, Adam Frydman and Gerald Norman Grant 558 51939 8283 065 Antonio Conti and Camillo Conti 559 51939 8283 066 Eugenio Taranto 560 51939 8283 067 Eugenio Taranto 566 51939 8283 073 Eugenio Taranto 567 51939 8283 074 Eugenio Taranto 568 51939 8283 075 Robert Russo 569 51939 8283 076 Leda Ciccarelli Sch. 3

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 24 Lot Plan of Subdivision Volume Folio Purchaser 570 51939 8283 077 Jacob Israel Neiger and Helen Neiger 571 51939 8283 078 Jan Birner 573 51939 8283 080 Jack Lederman and Henrietta Lederman 153 12207 6869 615 Lawrence Edward Gardner 156 12207 7965 134 Peter William Salthouse 157 12207 6930 848 Nola Neuparth 159 12207 5612 323 Stanley Alois Kovar and Frances Marie Kovar 174 12207 7925 161 Maurice Randall Pinch and Peta Emilie Pinch 181 12207 7493 011 John Joseph Lawless 183 12207 5612 319 David William Drummond and Carol Ann McFarlane 185 12207 7422 340 Raymond Harold Quinn and Irene Valda Quinn 186 12207 5612 321 Florence Emily Lessing 187 12207 5612 321 Florence Emily Lessing 200 12207 7817 048 M. A. Mitchell and Son Pty. Limited 201 12207 5631 013 M. A. Mitchell and Son Pty. Limited 202 12207 6003 585 Maurice Randall Pinch and Peta Emilie Pinch 203 12207 7925 162 Anthony James Rockley and Yvonne Helen Rockley 204 12207 5646 108 M. A. Mitchell and Son Pty. Limited 205 12207 7601 194 M. A. Mitchell and Son Pty. Limited 206 12207 6005 883 M. A. Mitchell and Son Pty. Limited 208 12207 7525 114 John Roy Brown and Gloria June Brown 209 12207 7809 025 M. A. Mitchell and Son Pty. Limited 211 12207 8070 638 M. A. Mitchell and Son Pty. Limited 212 12207 5743 598 M. A. Mitchell and Son Pty. Limited 213 12207 7029 666 M. A. Mitchell and Son Pty. Limited Sch. 3

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 25 Lot Plan of Subdivision Volume Folio Purchaser 214 12207 7029 666 M. A. Mitchell and Son Pty. Limited 215 12207 5612 318 M. A. Mitchell and Son Pty. Limited 216 12207 6930 848 M. A. Mitchell and Son Pty. Limited 217 12207 6930 848 M. A. Mitchell and Son Pty. Limited 234 12207 5785 818 M. A. Mitchell and Son Pty. Limited 235 12207 8031 322 M. A. Mitchell and Son Pty. Limited 236 12207 6843 448 M. A. Mitchell and Son Pty. Limited 237 12207 6844 777 M. A. Mitchell and Son Pty. Limited 238 12207 6488 525 M. A. Mitchell and Son Pty. Limited 242 12207 8355 389 M. A. Mitchell and Son Pty. Limited 243 12207 6488 524 Walter Ramstein and Johanna Ramstein 245 12207 8355 389 Leighton Estates Pty. Ltd. 246 12207 5631 014 Leighton Estates Pty. Ltd. 247 12207 5631 014 Leighton Estates Pty. Ltd. 248 12207 5853 520 Leighton Estates Pty. Ltd. 249 12207 5853 520 Leighton Estates Pty. Ltd. 250 12207 5853 520 Leighton Estates Pty. Ltd. 251 12207 5853 520 Leighton Estates Pty. Ltd. 252 12207 7709 058 Leighton Estates Pty. Ltd. 253 12207 7709 058 Luxor Distributors Pty. Ltd. 254 12207 7709 088 Luxor Distributors Pty. Ltd. 256 55797 8364 177 Elias Harris and Ena Phyllis Harris 257 55797 8364 177 Elias Harris and Ena Phyllis Harris 258 Part 55797 12207 8364 8355 178 389    Elias Harris and Ena Phyllis Harris 259 12207 8355 389 Donald Alexander Urwin and Judith Lesley Urwin 260 12207 8355 206 Donald McHenry Brown 266 12207 7415 856 Tiberio Fragiacomo and Tosca Fragiacomo Sch. 3

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 26 Lot Plan of Subdivision Volume Folio Purchaser 269 12207 6403 423 Walter Clive Dexter and Gloria Elsie Dexter 3 17712 7871 002 John Taylor 4 17712 7871 002 William Cornelius Pay and Violet Margaret Pay 23 17712 7197 211 Bartholomeus Meulenkamp and Nancy Lynette Meulenkamp 24 17712 7197 211 Ronald Raymond Pay

Paid in full but Title not taken by Purchasers. PART C Subdivisional land being the lands hereinafter described vested in the Melbourne Racing Club and not yet sold which are to be vested in the Victoria Amateur Turf Club (incorporating the Melbourne Racing Club). Lot Plan of Subdivision Volume Folio 443 51938 8283 050 563 51939 8283 070 564 51939 8283 071 572 51939 8283 079 4 61 62      9395 9395 9395 7414 7414 7414 730 730 730 5 6    9395 9395 6158 6158 458 458 7 9395 8094 800 8 9395 8094 799 9 9395 5544 745 10 11    9395 9395 5448 5448 435 435 13 9395 6764 722 14 9395 6915 927 17 9395 4796 130 71 9395 4796 130 18 9395 5558 598 19 20    9395 9395 7414 7414 729 729 23 24    9395 9395 7222 7222 380 380 26 9395 7143 421 28 9395 4796 131 Sch. 3

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 27 Lot Plan of Subdivision Volume Folio 33 9395 8007 143 34 9395 7143 424 36 9395 5145 995 37 9395 7143 418 38 9395 7540 188 39 9395 7143 426 40 9395 7143 425 41 9395 5796 195 63 9395 5403 472 64 9395 7887 187 65 9395 7883 194 66 9395 5693 483 67 68    9395 9395 7045 7045 951 951 69 9395 5381 053 70 9395 5381 054 73 74    9395 9395 7648 7648 121 121 75 9395 5460 969 76 9395 8069 920 77 9395 5392 334 78 79    9395 9395 7143 7143 428 428 81 9395 7143 423 82 9395 5403 474 83 9395 5448 434 84 9395 6808 513 85 9395 7180 979 86 9395 5602 362 87 9395 8124 808 92 93    9395 9395 5403 5403 473 473 94 9395 7359 663 95 9395 7359 664 96 9395 7414 728 97 9395 5392 335 98 9395 6930 855 99 9395 7143 419 100 9395 5497 290 101 9395 6742 296 102 9395 5436 101 105 9395 7461 120 106 9395 7143 427 Sch. 3

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 28 Lot Plan of Subdivision Volume Folio 1 10180 6742 295 2 10180 7143 410 3 10180 8156 491 4 10180 8156 492 5 10180 5656 078 28 10180 8156 490 29 10180 7143 413 30 10180 7143 408 31 10180 8000 182 32 10180 7363 434 33 10180 4958 559 34 10180 7143 417 35 10180 5503 558 36 10180 5187 274 37 10180 7143 416 28 12207 6856 096 111 12207 5865 850 112 12207 5865 850 Part of Lots 112 113       12207 12207 7957 7957 128 128 113 12207 7693 136 114 115    12207 12207 7948 7948 136 136 116 12207 8033 035 117 118    12207 12207 8033 8033 036 036 119 12207 7804 181 120 121    12207 12207 5980 5980 909 909 122 123    12207 12207 7968 7968 096 096 124 125 126      12207 12207 12207 7919 7919 7919 005 005 005 127 12207 7805 076 128 12207 7912 161 143 12207 7817 047 150 12207 5631 015 151 12207 6383 563 152 12207 5864 673 163 12207 7969 064 Sch. 3

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 29 Lot Plan of Subdivision Volume Folio 164 12207 7969 062 169 228 229      12207 12207 12207 7969 7969 7969 061 061 061 170 12207 7969 059 191 12207 5621 098 192 12207 5621 098 193 12207 5621 098 195 12207 7969 063 199 12207 7817 045 218 219    12207 12207 7817 7817 044 044 220 12207 6844 776 221 12207 7915 064 222 12207 6930 849 223 12207 5535 899 224 12207 5535 899 226 12207 6003 584 227 12207 5706 094 230 12207 7424 707 231 12207 6930 850 233 12207 5727 349 408 12207 5738 522 194 12207 8043 016 197 12207 8043 016 198 12207 8043 016 2 18775 7595 065 Part of Lot 2 19535 8202 095 ═══════════════ Sch. 3

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 30 ENDNOTES

General Information The Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 was assented to on 28 May 1963 and came into operation as follows: All of Act (except section 12) on 28 May 1963; section 12 on 1 August 1963: section 12(2). Endnotes

Victorian Legislation and Parliamentary DocumentsAct No. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 31 2. Table of Amendments This Version incorporates amendments made to the Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 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. 7015/1963 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963 32 3. Explanatory Details No entries at date of publication. Endnotes

1 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963

Short title 3
Definitions 3
Victoria Amateur Turf Club 4
Vesting in body corporate of real and personal property of or held in trust for Turf Club or Racing Club 6
Powers of club 7
Annual and special general meetings 10
Committee 10
Application of income and property 10
Application of property upon dissolution 11
As to existing rights, actions etc. in relation to Turf Club and Racing Club 11
Power to make vary and amend rules 12
Consequential amendments of the Racing Act 1958 13

SCHEDULES 15 SCHEDULE 1 15 SCHEDULE 2 16 SCHEDULE 3 17 ═══════════════ ENDNOTES 30

General Information 30
Table of Amendments 31
Explanatory Details 32

The Act rests on a small set of operational and property-law concepts that drive its mechanics and practical effects.

Corporate succession and membership: The Act transforms two voluntary associations into a single statutory body corporate (s 3). Membership is defined both by continuity (existing members who meet the subscription condition) and by rule-based admission thereafter (s 3(1)). The creation of corporate personality centralises rights and liabilities and enables the entity to deal in land and contracts (s 3(2)).
Vesting and title recording: The Act effects vesting of specific lands described in Schs 2 and 3 and other trust-held real and personal property into the new corporate entity from the operative date (s 4(1)). Vesting is subject to existing encumbrances recorded against folios and to purchasers’ rights identified in Sch 3 Part B (s 4(1)(a)). For land under the Transfer of Land system, the Registrar of Titles is directed to make necessary recordings and to register the body corporate as proprietor upon application and proof, following prescribed fees (s 4(2)-(3)). The Schedules provide itemised property lists which set the perimeter of transferred assets.
Rule-making and converted agreements: The Act allows the new club’s members in general meeting to make rules on membership, committee elections, meetings, by-laws and racing rules (s 11(1)-(2)). Critically, agreements reached by the predecessor committees under s 3(3) become effective as if they were rules made under s 11 (s 3(4)). Those agreements can fix the composition and tenure of the initial committee, subscription terms, rights of non-appointed committee members and employees’ rights (s 3(3)(a)-(f)).
Broad operational powers: The club is empowered to be a race-course proprietor and to use its land for a wide range of sporting, cultural and commercial activities; to build infrastructure; to run hospitality and refreshment businesses and, subject to Licensing Act compliance, sell liquor; to borrow, invest, mortgage and encumber assets; to employ staff; and to levy tolls with member exemptions (s 5(a)-(j)). The power set gives the committee substantial discretion over revenue generation and asset management.
Non-distribution constraint and dissolution control: Income and property must be applied solely to club objects; members cannot receive dividends or similar profit distributions (s 8). On dissolution, residual assets must be transferred either to another racing/like club or to a Victorian charitable institution that similarly prohibits distribution to members, and that transfer requires Governor in Council sanction (s 9).
Interaction with other statutory regimes: The Act explicitly defers to the Licensing Act 1958 for liquor sales (s 5(d)) and to the Transfer of Land Act 1958 (as amended and later the computerized register) and the Registrar of Titles for registration mechanics (s 4(2)-(3)). It also effects consequential amendments to the Racing Act 1958 (s 12).

These concepts combine to shift private associations’ ownership and control into a statutory corporate vehicle that has both charitable-like distribution constraints and broad commercial powers. The Act therefore simultaneously imposes constitutional limits on profit distribution while enabling active commercial use and encumbrance of significant land holdings listed in the Schedules.

The Act creates concrete constituencies of persons and entities whose legal position changes.

Members: Persons who immediately prior to 1 August 1963 were members of either the Victoria Amateur Turf Club or the Melbourne Racing Club and who paid the subscription required on or before 1 September 1963 become inaugural members of the new body corporate (s 3(1)(a)). Thereafter persons admitted under the club’s rules become members (s 3(1)(b)). Members’ legal relationship with the organisation changes from membership in a voluntary association to membership of a statutory body corporate with rules made pursuant to an Act (s 3, s 11).
Committees and office-holders: The prior committees of the Turf Club and the Racing Club are empowered to negotiate the transitional agreement for the first committee and office-bearers (s 3(3)). The committee of the new club becomes the primary decision-maker for the club’s affairs (s 7(1)), exercising the Act’s powers (s 7(1), s 5).
Employees and former employees: The Act allows the transitional agreement to preserve the rights and privileges of employees of both predecessor bodies (s 3(3)(f)). Employment arrangements will be subject to whatever terms the agreement and the club’s rules preserve or provide.
Landowners and purchasers described in the Schedules: Title-holders named in the Second Schedule (lands held in trust for the Turf Club) and the Third Schedule (lands vested in the Racing Club) see legal title and proprietary interests vest in the new body corporate on the operative date, subject to recorded encumbrances (s 4(1)(a); Schs 2-3). Purchasers under contracts identified in Third Schedule Part B retain their contractual rights, which the vesting expressly preserves (s 4(1)(a) and Sch 3 Part B). Where transfers had been executed before commencement, the Act provides that those lands are excepted from the general vesting (s 4(1) proviso).
Registrar of Titles and holders of certificates of title: The Registrar is required to make entries consequential upon vesting (s 4(2)) and to register the body corporate as proprietor for land under the Transfer of Land system upon application and proof (s 4(3)). Certificate holders must deliver titles if requested (s 4(2)).
Third parties contracting with the club: The club can enter arrangements and contracts with governments and other authorities and secure rights, privileges and concessions (s 5(i)). Lenders, contractors, event organisers, hospitality operators and licence authorities are potential counterparties.
Regulatory bodies: The Licensing Act 1958 and the Registrar of Titles have roles under this Act, since alcohol sales by the club are to comply with licensing laws (s 5(d)) and land recorded under the Transfer of Land Act is to be registered per s 4(3).
Related statutory bodies: The Act amends the Racing Act 1958 and the composition of appointments to the Totalizator Agency Board, resulting in a direct effect on the Board’s constitution and its membership appointment process (s 12(1)-(3)).

Who pays: members pay subscriptions required for transitional membership (s 3(1)(a)) and may be exempted from certain tolls by rules (s 5(g)). Non-members and public users will typically pay tolls or charges prescribed under s 5(g) unless exempted under the rules.

Who decides: members in general meeting exercise rule-making power (s 11(1)); the committee manages day-to-day and strategic affairs (s 7(1)); the predecessor committees initially decide the transitional agreement (s 3(3)); the Registrar of Titles decides on registration upon application and proof (s 4(3)); and the Governor in Council must sanction property transfer upon dissolution (s 9).

The Act therefore affects corporate governance participants, landholders, purchasers with pre-existing contracts, public regulators, employees and commercial counterparties by altering title, governance, revenue powers and statutory relations.

The Act sets out statutory duties and rights for the club, its members and officials. These are the operative legal obligations and authorities that must be observed.

Rights conferred on the club

Corporate capacity: The club has perpetual succession, a common seal and the capacity to sue and be sued and otherwise to exercise all corporate powers necessary to hold and manage property (s 3(2)).
Property rights: The club becomes proprietor of lands and other real and personal property vested by the Act (s 4(1); Schs 2-3). It may hold, enjoy, take possession of, sell, grant, exchange, convey, demise, reserve, grant easements over, mortgage, charge, lien or otherwise encumber or deal with property (s 3(2)).
Operational rights: The club may conduct race meetings and a wide range of sporting and entertainment events, utilize property for those purposes, award prizes, and run hospitality and refreshment businesses, including selling alcoholic beverages subject to the Licensing Act 1958 (s 5(a)-(d)).
Financial rights: The club can borrow or lend money with or without security and invest or deal with moneys as the committee determines (s 5(e)). It may impose tolls and charges for entry or use of club lands subject to member exemptions set by rules (s 5(g)).

Duties imposed on the club and members

Rule compliance: Members are bound by rules and by-laws made under the Act (s 11(3)). The club’s rule-making power is subject to the Act’s provisions (s 11(1)).
Use of income: The club must apply its income and property solely towards its objects; it may not distribute income or property to members by way of dividend, bonus or profit (s 8). This is a non-distribution duty that must be respected in the club’s financial management.
Record and registration obligations: For land registered under the Transfer of Land Act 1958, the Registrar of Titles must be given effect to vestings on application and proof, and certificate holders must deliver certificates on request (s 4(2)-(3)). The club must engage with these processes to effect title transfers.
Licensing and statutory compliance: Activities such as sale of alcohol are permitted only subject to compliance with the Licensing Act 1958 (s 5(d)). Any borrowing, building, and tenancy arrangements will also be subject to relevant planning, building and statutory regimes not enumerated in this Act but triggered by the club’s activities.
Transitional obligations: The predecessor committees are authorised to enter agreements to settle transitional matters; those agreements have the effect of rules (s 3(3)-(4)). The initial committee must therefore act in accordance with any such agreement.
Dissolution constraints: On dissolution, the club must not distribute assets to members; residual property must be transferred with Governor in Council sanction to an eligible club or charitable institution operating in Victoria that prohibits distribution of income and property to members (s 9).

Enforceability and remedies

Civil remedies: The Act confers the capacity to sue and be sued (s 3(2)), and all pre-existing contractual and other rights, suits and proceedings which were enforceable by or against predecessor committees or clubs may be continued by or against the new club (s 10). The Act does not itself create specific criminal penalties for breach of its provisions; remedies are therefore civil enforcement, contractual relief, and internal rule-based disciplinary measures.
Committee powers and member obligations: The committee is empowered to manage and exercise all powers under the Act (s 7(1)). Members’ rights and duties at meetings, including voting at the annual general meeting, are subject to the rules (s 6; s 11(2)(c)).

These duties and rights define the operational envelope of the club. Rights to commercialise and encumber assets coexist with statutory duties to use income for club objects and prohibit distribution to members. Governance mechanisms allocate decision-making authority primarily to the committee, constrained by rule-making processes at general meetings.

The Act creates governance obligations and property vestings but does not create express statutory penalties, fines or criminal offences for contraventions of its specific provisions. Enforcement and accountability pathways under the Act are therefore principally civil, internal and administrative. The statutory enforcement landscape implied by the Act comprises the following elements.

Absence of express penal provisions

No criminal sanctions: The Act contains no provision specifying offences, monetary penalties, or imprisonment for breaches of its provisions. The club has capacity to sue and be sued (s 3(2)), and pre-existing actions may be continued against or by the club (s 10), indicating reliance on ordinary civil litigation rather than bespoke penal sanctions.

Internal enforcement mechanisms

Rules and by-laws: The Act empowers members in general meeting to make rules (s 11(1)) and provides that members are bound by rules and by-laws made under the Act (s 11(3)). Enforcement of internal obligations therefore depends on the content of the club’s rules and by-laws. Typical internal sanctions such as suspension or expulsion must be provided for in rules to be enforced, and any internal disciplinary action will be subject to civil law review if affected parties litigate.

Civil law and equitable remedies

Remedies at law or in equity: Contractual, property and fiduciary obligations implicated by the Act will be enforceable through civil proceedings. For example, a purchaser named in Sch 3 Part B has preserved rights under their contract which may be enforced in court; the Act recognises this preservation of contractual rights (s 4(1)(a)). Similarly, disputes about title registrations or encumbrances will be resolved through the ordinary land registration and civil court systems.

Regulatory oversight and cross‑statutory enforcement

Licensing and other statutory regimes: Where the club conducts activities regulated by other statutes, non-compliance with those statutes will attract their enforcement mechanisms. The Act explicitly places the club’s liquor sales within the Licensing Act 1958 regime (s 5(d)), so enforcement for unlawful sale of alcohol will be under that Act’s penalties and administrative powers rather than this Act.

Land registration processes and remedies

Registrar of Titles functions: The Registrar of Titles is required to make necessary recordings and to register the body corporate as proprietor for land under the Transfer of Land Act 1958 upon application and proof (s 4(2)-(3)). Disputes over registration or title will be resolved through the statutory processes of the land registration regime and associated remedies.

Board and appointment effects

Totalizator Agency Board appointment: Section 12(3) alters an appointment to the Totalizator Agency Board by providing that a person appointed to the Board on the Racing Club’s nomination shall go out of office on commencement of s 12, while preserving continuity of the Board. Any consequences for appointments will be governed by the Racing Act 1958 and general public law principles.

Practical consequence

Enforcement will typically proceed by internal rule enforcement, civil litigation for contract or property disputes, or by regulators under other statutes for regulated activities. Because the Act does not supply its own enforcement ladder of penalties, compliance incentives stem from private-law remedies, reputational and commercial interests, and cross-compliance with other regulatory regimes.

Legal advisers and compliance officers should therefore rely on well-drafted rules, clear record-keeping of title transfers, and strict compliance with related regulatory licences to minimise enforcement risk.

The Act does not operate in isolation. It establishes specific links with land registration law, licencing statutes and the Racing Act 1958, and it leaves a range of other potential statutory interactions to arise from its operational powers. The principal statutory interactions evident in the text are as follows.

Transfer of Land and Registrar of Titles

Registration mechanics: Section 4(2) directs the Registrar of Titles to make entries in the Register as necessary or expedient in consequence of vesting. Holders of certificates of title must deliver them if requested (s 4(2)). Where property vested consists of land registered under the Transfer of Land Act 1958, the Registrar, on application and proof and payment of proper fees, must give effect in the Register by registering the body corporate as proprietor (s 4(3)). The Act therefore interacts directly with the Transfer of Land Act 1958 and the Registrar’s statutory functions.
Subsequent amendment: The Transfer of Land (Computer Register) Act 1989 later amended s 4(1)(a), s 4(2) and s 4(3) and certain Schedule entries; these amendments are recorded in the Act’s inline annotations and endnotes. The 1989 amendment reflects conversion to the computerized register and affected the administration of vesting and registration obligations.

Licensing and regulated activities

Liquor licensing: The club’s power to sell spirituous and fermented liquors is expressly subject to the Licensing Act 1958 (s 5(d)). That means the club must obtain and comply with relevant licences and conditions under the Licensing Act, and enforcement for liquor-related breaches will be under that statute.

Racing Act 1958

Consequential amendments: Section 12 makes textual and structural amendments to the Racing Act 1958. It substitutes the club’s new name in s 13(e), alters the number of members appointed to certain bodies (e.g. changing "eight members" to "seven members" in s 116B(1)), removes paragraph (d) from s 116B(1), reduces numbers in s 116E(1) and s 119, s 120 and s 122 references to incorporate Sandown Race-course in addition to Caulfield Race-course (s 12(1)(a)-(d)). These changes alter statutory appointment and governance arrangements related to racing governance and the Totalizator Agency Board.
TAB appointment adjustment: Section 12(3) provides that on commencement, the person appointed to the Totalizator Agency Board on the Racing Club’s nomination shall go out of office, while stating the Board itself remains the same; the practical effect is a reconfiguration of Board appointments, leaving the Board intact.

Other regulatory laws and local planning/building laws

Construction, events, employment and safety: The club’s powers to build, maintain installations, employ staff, host large events and run commercial activities (s 5(c), (f), (a)) will trigger planning, building, occupational health and safety, environmental, food safety, labour and taxation laws. The Act does not override those regimes; compliance with such laws is implicit in the club’s authorised activities and any contravention will attract those statutes’ enforcement mechanisms.

Property and contract law

Preservation of contractual rights: The Act expressly preserves contractual and other rights and allows pre-existing suits and proceedings to be continued by or against the new club (s 10). Purchasers under conditional sale contracts named in Sch 3 Part B retain their contractual rights, and vesting is subject to such purchasers’ rights (s 4(1)(a); Sch 3 Part B). Ordinary principles of contract, property and equity therefore govern disputes and obligations arising from transferred assets and contracts.

Governor in Council powers

Dissolution transfers: Under s 9, residual property on dissolution must be transferred to another club or charitable institution with distribution prohibitions, "with the sanction of the Governor in Council". That introduces an executive-government approval step, linking the club’s dissolution events to executive decision-making under public law.

In short, the Act integrates with land registration statutes for title transfers, with the Licensing Act for liquor sales, with the Racing Act for governance effects on racing administration and appointments, and with a range of other regulatory regimes that will be implicated by the club’s commercial activities. Practitioners must therefore consider a cross-disciplinary compliance approach: align corporate and rule instruments with land registration procedures, licensing, planning/building approvals, employment law, and the Racing Act amendments.

The statute text provided includes inline amendment annotations and an endnotes table. The documented amendment history in the source is concise and should be treated as authoritative unless superseded by later legislation not present in the provided text.

Key timestamps

Assent and commencement: The Act was assented to on 28 May 1963. All provisions except s 12 commenced on 28 May 1963; s 12 commenced on 1 August 1963 in accordance with s 12(2) and the endnotes (Endnotes 1).
Version incorporation: The header of the provided text identifies the version as incorporating amendments as at 17 August 2001.

Recorded amendment

Transfer of Land (Computer Register) Act 1989, No. 18/1989: This later enactment amended parts of this Act. The endnotes list that Act (assent 16 May 1989; commencement 3 February 1992 with Gazette reference 18.12.91 p. 3488). Inline annotations in the text identify specific amendments attributed to No. 18/1989 as follows:
- S. 4(1)(a) amended by No. 18/1989 s 13 (Sch 2 item 100(a)).
- S. 4(2) substituted by No. 18/1989 s 13 (Sch 2 item 100(b)).
- S. 4(3) amended by No. 18/1989 s 13 (Sch 2 item 100(c)).
- Schedule 2 and Schedule 3 entries bear amendment notations referencing No. 18/1989 s 13 (Sch 2 item 100(d)).

Nature of amendments

The textual annotations indicate that the 1989 amendment related to the mechanics of vesting and registration, reflecting the transition to a computerized land register. The amendments to s 4 addressed the Registrar of Titles’ recording obligations and the process for registering the body corporate as proprietor.
Schedule amendments likely updated folio and plan references or corrected particulars to align with computerized registration practice. The inline markers identify which schedule items were affected.

Consequential amendment to other Acts

The Act itself effected consequential amendments to the Racing Act 1958 at the time of its original passage (s 12). Those changes altered statutory references, the number of members in specified sections of the Racing Act, and added the Sandown Race-course in multiple provisions (s 12(1)(a)-(d)). Section 12(3) also had immediate governance effect on the Totalizator Agency Board appointments.

Documentation and sources

The endnotes provide the formal record of the 1989 amendment and the dates for assent and commencement. The absence of further entries under "Explanatory Details" in the version provided means no additional legislative history (such as parliamentary debates or explanatory memoranda) is included in this text. The version note at the head of the document identifies that the Act was compiled to incorporate amendments up to 17 August 2001.

Practical implication for users

Any practitioner relying on this version should verify whether further amendments post-dating 17 August 2001 exist. The Act’s land-vesting and registration provisions have been subject to technical amendments to align with land registry modernisation; those are recorded here as the 1989 measures.

In sum, the amendment history recorded in the provided text is limited to the original enactment (1963), consequential changes to the Racing Act 1958 effected by the Act itself, and a notable technical amendment enacted in 1989 to align vesting and registration clauses with a computerized land register.

The provided legislative text contains no entries recording litigation, reported judicial decisions, or case law interpreting this Act. The Act as published does not cite any judicial consideration, and the "Explanatory Details" section in the endnotes contains no entries. Consequently:

There are no cases named in the source material, and no judicial history is supplied that interprets the Act’s provisions, clarifies the operation of its vesting mechanics, or adjudicates disputes arising under its rule-making, property or governance clauses.
The Act does, however, preserve pre-existing rights, actions and proceedings against or on behalf of the predecessor clubs by expressly providing that those matters may be enforced, commenced or continued by or against the new club (s 10). This provision contemplates litigation by acknowledging continuity of rights, but it does not identify any particular proceedings or decisions.

Implication for legal research

Because the document includes no litigation history, practitioners must conduct a separate case-law search if they require judicial interpretation of vesting, registration, rule-making authority, non-distribution obligations, committee powers or disputes concerning purchasers named in the Schedules. Key areas for targeted research would include disputes about title following statutory vesting, enforcement of rules against members, and any litigation arising from the Racing Act amendments or the Totalizator Agency Board appointment changes effected by s 12.
Where statutory text is silent or ambiguous on operational questions (for example, interpretation of member entitlements under converted transitional agreements, or the interaction of club rules with external licensing obligations), judicial authorities may provide guidance. The absence of litigation history in this source does not imply absence of judicial interpretation; it means the provided text does not record it.

In short, the statutory material requires complementary case-law research for authoritative judicial interpretation. The Act anticipates litigation continuity but contains no record of such litigation in the material supplied.

The Act contains several technical and practical traps for the unwary. These are points where statutory wording or Schedule particulars can produce unintended consequences unless addressed carefully.

Transitional membership timing

Inaugural membership is conditional on payment of the subscription by a fixed date: persons who were members immediately before 1 August 1963 become members only if they pay the subscription required "on or before the first day of September One thousand nine hundred and sixty-three" and thereafter continue to be members (s 3(1)(a)). Failure to meet the payment condition deprives an otherwise qualifying person of inaugural membership and the attendant rights. Practitioners should note that this is a statutory condition and not merely a procedural matter.

Vesting subject to encumbrances and pre-existing purchaser rights

Vesting of land into the body corporate is subject to encumbrances recorded in the Register and to the rights of purchasers named in Part B of the Third Schedule (s 4(1)(a); Sch 3 Part B). That means purchasers who hold equitable or contractual rights under sale contracts identified in the Schedule continue to have those rights, and the club inherits property subject to those obligations. Failure to identify and honour those purchaser rights could lead to litigation.
The proviso in s 4(1) excludes lands described in Part B of the Third Schedule where a transfer was executed by the Racing Club before commencement. That timing nuance can affect whether title passed before vesting.

Registrar and title delivery mechanics

Section 4(2) and s 4(3) impose duties on the Registrar and require certificate of title holders to deliver certificates if requested. Practically, the club must apply to the Registrar with proof and pay fees to have the Register updated. Delay or incomplete documentation may leave title unregistered, creating practical uncertainty for dealings such as mortgages or leases.

Agreements becoming rules

Agreements made by predecessor committees under s 3(3) are expressly to "operate and have effect in all respects as if the provisions of the agreement were rules of the club duly made pursuant to the provisions of this Act" (s 3(4)). This converts private transitional agreements into statutory-rule equivalents. Any informal or poorly-documented agreement reached at the predecessor committee level therefore becomes enforceable as a rule. Careful drafting, recording and authorisation of transitional agreements is therefore critical.

Broad discretionary powers for the committee

The committee has extensive managerial powers (s 7(1)) and the Act gives the club broad commercial powers (s 5). Without robust rules and governance safeguards, those powers can produce concentrated decision-making on borrowing, asset disposal, tolls, and licensing. The Act does not prescribe checks such as shareholder or member vetoes beyond rule-making at general meeting and any constraints put into transitional agreements.

Member exemptions and preferential treatment

The committee may prescribe tolls and charges for admissions and may exempt members, wholly or in part (s 5(g)). Rules could therefore entrench preferential financial treatment for members, and those exemptions may affect revenue streams. Such arrangements should be transparent and compliant with any constitutional rules to avoid internal disputes.

Non-distribution clause and commercial activity tension

The Act prohibits distribution of income to members (s 8) while simultaneously empowering the club to engage in commercial borrowing, investment and hospitality operations (s 5). There is a potential tension between aggressive commercial exploitation of assets and maintaining the non-distribution constraint and charitable-like obligations on residual property at dissolution (s 9). Care is needed in financial planning and drafting of rules to ensure surplus use aligns with objects and does not create grounds for disputes.

Dissolution requirements and Governor in Council sanction

On dissolution, residual property must be transferred only with Governor in Council sanction and only to eligible bodies (s 9). That executive approval requirement can delay or constrain exit strategies for members and creditors and must be factored into contingency planning.

Racing Act amendment effects on appointments

Section 12 alters appointment numbers in the Racing Act 1958 and provides for a nominated person to go out of office on commencement (s 12(1)-(3)). That has governance knock-on effects for the Totalizator Agency Board and other statutory bodies. Transitional appointment questions may arise that require administrative and legal handling.

Computerised register changes

Amendments effected by the Transfer of Land (Computer Register) Act 1989 altered registration mechanics in s 4. Practitioners should check whether further register modernisation or title re-issue processes affect any listed folios or plans.

Schedules complexity and purchaser listings

The Schedules are lengthy and detailed, listing numerous folios, lots and named purchasers. Errors or omissions in transcribing Schedule details into the Register or failing to respect purchasers’ rights can create protracted disputes. Particular entries are annotated with asterisks and notes such as "Paid in full but Title not taken by Purchasers" in Sch 3 Part B, which can have legal significance for purchaser equities.

No express sanctions in the Act

The lack of penal clauses means enforcement depends on civil remedies and internal rule mechanisms (see s 3(2), s 11(3)). Parties must therefore rely on careful rule drafting, contract terms and civil remedies to enforce obligations, which can be slower and more costly than statutory enforcement mechanisms.

These "gotchas" require attention to dates, Schedule details, registration processes, rule-making formality, governance design and cross-statutory compliance. A practical approach includes verifying registered titles, ensuring transitional agreements are formalised and recorded, and mapping regulatory obligations (licensing, planning, employment) triggered by the club’s activities.

Compliance with the Act requires a combination of statutory formalities, governance steps, property administration and cross-regulatory engagement. The following checklist translates statutory duties into actionable items for lawyers, accountants, compliance officers and club managers.

Confirm membership status and subscription records (s 3(1))
- Verify which persons met the statutory transitional membership condition (payment by 1 September 1963) and maintain documentary evidence.
- Ensure the club’s membership roll and subscription records align with rules made under s 11 and statutory membership definitions.
Formalise transitional agreements under s 3(3) and record them as rules (s 3(4); s 11)
- If transitional agreements were made by predecessor committees, ensure they are documented, dated and incorporated into the club’s rules as required by s 3(4).
- Draft rules addressing committee constitution, tenure, rights of non-appointed committee members, office-bearers, subscriptions and employee protections in a way that is consistent with the Act.
Register property transfers and engage the Registrar of Titles (s 4(2)-(3))
- Assemble proofs of vesting and all necessary documentation to apply to the Registrar of Titles for registration of the body corporate as proprietor where land is registered under the Transfer of Land Act 1958.
- Comply with fee payments and provide certificates of title where the Registrar requests delivery (s 4(2)).
- Validate that the Schedules’ folio/lot references match current register entries and correct any discrepancies through the Registrar’s procedures.
Respect purchasers’ rights and contractual encumbrances (s 4(1)(a); Sch 3 Part B)
- Identify purchasers and contracts listed in Sch 3 Part B and ensure the club honours existing contractual obligations, settlement terms and any easements or encumbrances.
- Where transfer had been executed prior to the Act (per s 4(1) proviso), confirm title status and whether the property was excluded from vesting.
Operational compliance for commercial activities (s 5)
- Obtain and maintain necessary licences for hospitality and alcohol sales under the Licensing Act 1958 (s 5(d)).
- For building works, events and constructions, secure planning and building approvals and comply with health and safety, environmental and food safety laws.
- When employing staff, ensure terms preserve any rights the transitional agreement intended to protect (s 3(3)(f)) and comply with industrial relations and payroll tax obligations.
Financial governance and non-distribution obligations (s 5(e); s 8)
- Ensure financial governance records, accounting policies and distributions comply with s 8; income and property must be applied solely to club objects and not distributed as profit to members.
- Adopt investment and borrowing policies that the committee approves consistent with rules, and document committee resolutions authorising loans, mortgages or charges (s 5(e)).
Rule-making and member processes (s 6; s 7; s 11)
- Convene annual general meetings (s 6) and special general meetings as required by the rules.
- Conduct committee elections at the annual general meeting in accordance with rules (s 7(2)).
- Draft comprehensive rules dealing with member rights, expulsion procedures, meetings, by-laws and rules of racing to provide clear internal enforcement mechanisms (s 11(2)(a)-(e)).
Toll setting and member exemptions (s 5(g))
- If the club intends to impose tolls or charges for admission, set those tolls in accordance with the rules and clearly specify member exemptions to avoid disputes.
Prepare for dissolution contingencies (s 9)
- Maintain records and legal provisions to ensure that, if dissolution is contemplated, residual assets are transferred only to eligible bodies in Victoria with prohibitions on distribution, and secure Governor in Council sanction as required.
Liaise with regulators on Racing Act amendments and board appointments (s 12)
- Where the Act’s consequential amendments affect appointment processes to statutory bodies (e.g. Totalizator Agency Board), coordinate with the relevant agencies to manage transitional appointments and governance changes.
Maintain documentation and legal audit trails
- Keep full minutes of committee meetings, general meetings and transitional agreement documentation; maintain title search copies and correspondence with the Registrar of Titles; archive licence documentation and insurance records.
Seek legal advice for complex issues
- For disputes involving purchasers named in the Schedules, property title inconsistencies, encumbrances, rule enforcement actions or licensing disputes, obtain specialist property and regulatory law advice. The Act preserves pre-existing rights and contemplates civil enforcement mechanisms (s 10), so litigation readiness is important.

Practical drafting tips

Ensure rules are not inconsistent with the Act (s 11(1)). When drafting rules or transitional agreements, reference the relevant statutory sections to avoid conflict.
Include procedural safeguards for committee decisions affecting significant property dealings, such as requiring special resolutions or member approval for asset sales or major encumbrances, even though the Act does not mandate such checks.
For financial transparency, adopt audit and reporting provisions that enable members to verify that income is applied to club objects in compliance with s 8.

Following this checklist will manage the statutory obligations created by the Act, secure title transfers and registrations, preserve contractual rights of purchasers named in the Schedules, and align operational activities with cross-cutting regulatory regimes.

Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963

Plain English Summary

Deep Dive

What it does

Current sections

Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963

Source text: opening excerpt

1 Victoria Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply