Victorian Legislation and Parliamentary Documentsi
Version No. 001
Victoria Park Land Act 1992
Act No. 86/1992
Version incorporating amendments as at 6 July 1999
TABLE OF PROVISIONS
Section Page
Purposes 2
Commencement 2
Definitions 3
Deposit of documents 3
Implementing documents 5
Legal effect of deposited documents 6
Legal effect of implementing documents 6
Can documents be varied? 8
Non-compliance—appointment of agent 8
What can an agent do? 10
Revocation or variation of agency 12
Interference with implementation or agent's activities 12
Registrar of Titles' additional powers 13
Administration of Building Act—Victoria Park 13
Application of Subdivision Act 14
Compensation and damages 14
Agent's immunity from action 15
Supreme Court—limitation of jurisdiction 15
Repeal of Collingwood Land (Victoria Park) Act 1992 16
SCHEDULES 17
SCHEDULE 1—Victoria Park 17
SCHEDULE 2—Scheme for ownership and use of Victoria Park 18
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ENDNOTES 19
General Information 19
Table of Amendments 20
Explanatory Details 21
Victorian Legislation and Parliamentary Documents1
Version No. 001
Victoria Park Land Act 1992
Act No. 86/1992
Version incorporating amendments as at 6 July 1999
The Parliament of Victoria enacts as follows:
Preamble
Land at Collingwood known as Victoria Park was
subject to a covenant restricting its sale and use:
The land has for many years been used by the
Collingwood Football Club (now the Collingwood
Football Club Limited):
The registered proprietor of the land is the Council
of the City of Collingwood (whose predecessor
was the municipality of the City of Collingwood)
under the name of the Mayor, Councillors and
citizens of the City of Collingwood:
The Council and the Club entered into negotiations
under which part of the land was to be sold to the
Club and most of the rest of it leased to the Club:
To facilitate those negotiations the Collingwood
(Victoria Park) Land Act 1990 extinguished the
covenant:
The Council and the Club completed negotiations
for the sale and leasing of the land which included,
among other things, a requirement that the Club
was to improve and upgrade certain facilities at
Victoria Park and, in every three year period
during a period of 25 years, is to play at least
21 Australian Football League matches at Victoria
Park:
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The Council has not proceeded with the sale to the
Club of part of Victoria Park and, because of this,
arrangements for the leasing to the Club of other
parts of the Park cannot be implemented:
In the public interest and in the interest of effective
land management it is desirable to provide, by
force of this Act, for the implementation of those
arrangements and for the ownership, improvement
and use of Victoria Park:
The Parliament of Victoria enacts as follows:
Purposes
The purposes of this Act are—
(a) to provide, by force of this Act, for the
implementation of arrangements between the
Council of the City of Collingwood and the
Collingwood Football Club Limited
concerning the sale, leasing, improvement
and use of Victoria Park;
(b) to give legal effect to those arrangements, by
force of this Act, and make them available
for inspection by the public;
(c) to provide for alternative implementation
mechanisms if the parties fail to implement
the arrangements;
(d) to provide for the application to Victoria
Park of laws concerning subdivision and
building control.
Commencement
(1) This Act, except sections 1 to 4, comes into
operation on a day to be proclaimed.
(2) Sections 1 to 4 come into operation on the day on
which this Act receives the Royal Assent.
s. 1
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3. Definitions
In this Act—
"Club" means the Collingwood Football Club
Limited;
"Council" means the Council of the City of
Collingwood;
"deposited document" means a document
deposited under section 4 and includes that
document as varied under this Act but does
not include an implementing document and a
document mentioned in section 4(2)(b)(iii);
"implementing document" means a document
referred to in section 5 and includes that
document as varied under this Act;
"social club land" means the land shown hatched
on the plan in Schedule 1, being part of the
land in Folio of the Register Volume 1320
Folio 908;
"Victoria Park" means the land shown hatched
and cross-hatched on the plan in Schedule 1,
being part of the land in Folio of the Register
Volume 1320 Folio 908.
4. Deposit of documents
(1) The Minister or a person authorised in writing by
the Minister may deposit with the Registrar-
General the documents listed in sub-section (2).
(2) The documents are—
(a) a copy of a document expressed to be a
contract of sale for the social club land
between the Council and the Club for a price
of $2 000 000, being a document approved
for execution, by a majority of the Council,
on 1 August 1991 (after being notified under
section 189 of the Local Government Act
s. 3
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1989 on 26 June 1991 and subsequently
reviewed, having regard to submissions
received) to which is annexed—
(i) a form of mortgage to be given by the
Club to the Council to secure the
purchase price, which the Council is to
lend to the Club; and
(ii) a form of option agreement under
which the Club grants the Council an
option to repurchase the land and a
right of pre-emption if certain things
happen; and
(b) a document embodying the terms of a
document expressed to be an agreement for
lease between the Council and the Club,
covering the area marked B on the plan in
Schedule 2 (excluding the areas marked C,
D, E and F on that plan) or that area as
nearly as practicable, being a document
executed on 3 May 1991, as amended by
exchanges of letters on 3 May 1991 and
28 May 1991, and notified under section 190
of the Local Government Act 1989 on
4 May 1991, to which document is
annexed—
(i) a form of lease to be given by the
Council to the Club for 25 years with
five five-year options, at an initial rent
of $25 000 per year; and
(ii) a form of lease, expressed to be an
indenture, to be made between the
Council and the Club, extending the
term of the lease described in sub-
paragraph (iii) and otherwise modifying
its terms; and
s. 4
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(iii) a lease dated 23 July 1956 between the
Municipality of the City of
Collingwood (now the Council) and the
Collingwood Football Club (now the
Club).
(3) For each document to be lodged under sub-section
(1), the Minister must sign a certificate identifying
the document, stating whether sub-section (2)(a)
or (b) applies to it, and that the document accords
with the description of it in whichever of those
paragraphs applies to it.
(4) That certificate must be lodged with the Registrar-
General with the document to which it relates.
(5) The Minister's certificate is conclusive proof of
the matters stated in it.
(6) Sections 15 and 15A of the Property Law Act
1958 apply to a document deposited under this
section.
(7) Section 16 of the Property Law Act 1958 applies
to a document deposited under this section but no
fees are payable for inspecting, copying or making
extracts from it.
5. Implementing documents
An implementing document is any of the
following documents annexed to a document
which has been deposited under section 4—
(a) a document mentioned in section 4(2)(a)(i);
(b) a document mentioned in section 4(2)(a)(ii);
(c) a document mentioned in section 4(2)(b)(i);
(d) a document mentioned in section 4(2)(b)(ii).
s. 5
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6. Legal effect of deposited documents
(1) By force of this Act, on and from the date of
commencement of this section the deposited
documents—
(a) replace and supersede any agreements or
arrangements made during previous
negotiations between the Council and the
Club concerning the future sale, leasing and
use of Victoria Park; and
(b) have effect as binding and enforceable
agreements between the Council and the
Club; and
(c) is deemed to have been duly made and
executed by the Council and the Club on the
date of commencement of this section; and
(d) must be given effect to by the Council and
the Club.
(2) The Council is deemed, by force of this Act, to
have complied with all the provisions of the Local
Government Act 1989 and (so far as it is in
force) the Local Government Act 1958 which are
required to be complied with before the Council is
authorised to enter into an agreement having
effect by force of sub-section (1), and is deemed,
by force of this Act, to be authorised by those
Acts to enter into and to give effect to that
agreement.
(3) This section applies despite anything to the
contrary in any Act, statutory instrument or rule of
law.
7. Legal effect of implementing documents
(1) On the settlement date in the deposited document
having effect as a contract of sale for the social
club land—
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(a) the Council and the Club must ensure that
the lease described in section 4(2)(b)(iii) is
surrendered to the extent necessary to enable
the sale to be completed; and
(b) the Council must lend to the Club the
amount of the purchase price under the
contract in accordance with the terms and
conditions in the implementing document
mentioned in section 5(a); and
(c) the Club must give to the Council a
mortgage to secure that amount in the form
of the implementing document mentioned in
section 5(a); and
(d) the Club must grant to the Council an option
to purchase and a right of pre-emption in the
form of the implementing document
mentioned in section 5(b).
(2) On the day after the settlement date in the
deposited document having effect as a contract of
sale for the social club land the Council and the
Club must enter into leases in the form described
in the implementing documents mentioned in
section 5(c) and (d).
(3) The Council is deemed, by force of this Act, to
have complied with all the provisions of the Local
Government Act 1989 and (so far as it is in
force) the Local Government Act 1958 which are
required to be complied with before the Council is
authorised to lend the money and enter into the
agreements required by this section, and is
deemed, by force of this Act, to be authorised by
those Acts to lend that money and enter into those
agreements.
(4) This section has effect despite anything to the
contrary in any Act, statutory instrument or rule of
law.
s. 7
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8. Can documents be varied?
(1) A deposited document or an implementing
document cannot be varied or terminated except—
(a) as provided by the document; or
(b) by agreement between the Council and the
Club.
(2) The Council must deposit with the Registrar-
General a copy of a variation or termination
document as soon as possible after the document
is executed.
(3) Sections 15 and 15A of the Property Law Act
1958 apply to a document deposited under this
section.
(4) Section 16 of the Property Law Act 1958 applies
to a document deposited under this section, but no
fees are payable for inspecting, copying or making
extracts from it.
9. Non-compliance—appointment of agent
(1) The Minister may appoint an agent to act for the
Council or the Club for the purposes of this Act if
he or she is satisfied that there are grounds for the
appointment.
(2) The grounds for appointment are any of the
following—
(a) that the Council or the Club has not
complied with section 7;
(b) that the Council or the Club—
(i) is in breach of a term of a deposited
document or an implementing
document;
(ii) has failed within a reasonable time or
refused to make a decision, exercise a
power or discretion, or carry out a duty
s. 8
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necessary to give effect to a deposited
document or implementing document;
(iii) has unreasonably attempted to prevent
or hinder a deposited document or an
implementing document being given
effect to;
(c) that the Council or Club has expressed an
intention (whether by writing, orally or by
conduct) to do any of the things listed in
paragraph (a) or (b).
(3) The appointment must be made by notice
published in the Government Gazette.
(4) The notice of appointment must specify whether
the agent is to act for the Council or the Club.
(5) The appointment is subject to any terms,
conditions and restrictions that the Minister in his
or her absolute discretion determines and specifies
in the notice of appointment.
(6) As soon as possible after the appointment the
Minister must give written notice of it to the
Council and the Club.
(7) The production of a copy of the Government
Gazette containing a notice of an appointment
under this section is conclusive proof that grounds
for the appointment existed at the time it was
made and continue to exist while the appointment
is in force.
(8) As soon as possible after making an appointment
under this section, the Minister must give to the
person appointed a certificate of appointment
signed by the Minister, which includes a statement
of the terms, conditions and restrictions of the
appointment.
(9) An agent must produce the agent's certificate of
appointment on being requested to do so.
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(10) The certificate of appointment—
(a) is conclusive proof that—
(i) the agent is duly appointed;
(ii) the appointment has not been revoked;
(iii) the terms, conditions and restrictions of
appointment are as set out in the
certificate;
(b) may be relied on by any person, without
need for further enquiry or production of any
further authority, as evidence of the agent's
authority to act for the Council or the Club.
(11) Despite sub-section (10), if a person has notice
that the appointment of an agent has been revoked
the certificate of the agent's appointment cannot
be relied on by that person—
(a) as conclusive proof that the appointment is
still in force; or
(b) as evidence of the agent's authority to act for
the Council or the Club.
10. What can an agent do?
(1) An agent appointed under this Act may, in
accordance with the terms, conditions and
restrictions of that appointment, do anything
which the person for whom the agent is appointed
to act may do to give effect to—
(a) a provision of this Act; or
(b) a deposited document or implementing
document.
(2) Anything done by an agent in accordance with
sub-section (1) must be taken to have been done
on behalf and with the authority of the person for
whom the agent is appointed to act and has effect
as if done by that person.
s. 10
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(3) Without limiting sub-section (1), an agent under
this Act may, in accordance with the terms,
conditions and restrictions of the agent's
appointment, do any of the following—
(a) execute any document relating to land;
(b) subject to any Act or law applying to the
person for whom the agent acts—
(i) enter into any contract or arrangement
that the person for whom the agent acts
may enter into;
(ii) make deposits or withdrawals or
otherwise operate on any account in the
name of the person for whom the agent
is appointed to act;
(iii) exercise any other power or discretion
or perform any other duty of that
person;
(c) execute any document requiring the seal of
the person for whom the agent acts.
(4) A document executed by an agent appointed under
this Act that is required to be executed under the
seal of the person for whom the agent acts must be
taken for all purposes to have effect as if executed
under seal by that person.
(5) The Council has the same immunity in respect of
anything done on its behalf by an agent appointed
under this Act as it would have if it did the thing
itself.
(6) The Council or the Club must give to an agent
appointed under this Act to act for it any
document, information or assistance that the agent
requests and it is able to give.
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(7) An action lies for breach of statutory duty for a
contravention of sub-section (6), but no action
under this sub-section may be brought without the
consent in writing of the Attorney-General.
11. Revocation or variation of agency
(1) The Minister may at any time by notice published
in the Government Gazette—
(a) revoke an agent's appointment; or
(b) vary the terms, conditions and restrictions of
an agent's appointment.
(2) The revocation or variation of an agent's
appointment does not affect anything previously
done by the agent.
(3) The revocation of an agent's appointment cancels
the certificate of the agent's appointment.
(4) As soon as possible after revoking or varying an
agent's appointment the Minister must give
written notice of this to the Club, the Council and
the agent.
(5) An agent's appointment cannot otherwise be
revoked or varied.
(6) On receiving notice of revocation or variation of
appointment, the agent must return the certificate
of appointment to the Minister.
(7) The Minister must, as appropriate, issue a new
certificate of appointment or endorse the
certificate of appointment as cancelled.
12. Interference with implementation or agent's
activities
(1) The Council or the Club must not act in a way that
would—
s. 11
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(a) prevent a deposited document or
implementing document being given effect
to or limit its effect; or
(b) be inconsistent with anything done on its
behalf by an agent appointed under this Act;
or
(c) prevent or hinder an agent from acting under
his or her or its appointment.
(2) Anything done or purported to be done in
contravention of sub-section (1) is void.
13. Registrar of Titles' additional powers
(1) If requested to do so by a party to an agreement in
a deposited document or implementing document
having effect by force of this Act or by an agent
appointed under this Act, the Registrar of Titles
may, in giving effect to that agreement, do all or
any of the following—
(a) dispense with the submission of any
certificate of title, plan or other document; or
(b) register an instrument or application by
recordings in the relevant folio of the
Register only; or
(c) delete any relevant folio of the Register,
cancel the certificate of title for that folio and
create a new folio of the Register and
certificate of title.
(2) This section is in addition to and does not take
away from any other provision of this Act.
14. Administration of Building Act—Victoria Park
(1) If the Minister considers that it is necessary to do
so to facilitate the use or development of Victoria
Park in accordance with a deposited document or
an implementing document, he or she, by Order
published in the Government Gazette, may declare
s. 13
S. 14(1)
amended by
No. 126/1993
s. 264(Sch. 5
item 21).
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14
that the administration and enforcement of any of
the provisions of the Building Act 1993 and the
building regulations in relation to all or any part of
Victoria Park is to be carried out by any person or
body specified in the Order and in accordance
with the terms and conditions of the Order.
(2) An Order under sub-section (1) has effect despite
anything to the contrary in the Building Act 1993.
15. Application of Subdivision Act
(1) If the Minister considers it necessary to do so to
facilitate subdivision, use or development of
Victoria Park in accordance with a deposited
document or implementing document, the
Minister may, by Order published in the
Government Gazette, transfer from the Council to
the Minister the Council's powers and duties under
the Subdivision Act 1988 in relation to plans
under that Act.
(2) The Subdivision Act 1988 applies to land in an
Order in sub-section (1) as if it referred to the
Minister instead of the Council.
(3) Anything done by a Council in carrying out a
power or duty under the Subdivision Act 1988
that is transferred to the Minister must be taken to
have been done by the Minister.
(4) The Minister may, by Order published in the
Government Gazette, transfer a power or duty
back to the Council.
16. Compensation and damages
No amount is payable by the Crown, the Council
or the Club in respect of anything done under or
arising out of this Act, or because of the variation
or termination by this Act of any agreement or
arrangement or the creation, variation or
S. 14(2)
amended by
No. 126/1993
s. 264(Sch. 5
item 21).
s. 15
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extinguishment by or under this Act of any
liability or right except—
(a) in accordance with a deposited document or
an implementing document; or
(b) as damages for breach of an agreement in a
deposited document or implementing
document having effect by force of this Act;
or
(c) as otherwise provided by this Act.
17. Agent's immunity from action
An agent appointed under this Act is not
personally liable for anything done or omitted to
be done in good faith, in accordance with any
terms, conditions and restrictions on the agent's
appointment, in the exercise of a power or the
discharge of a duty of the agent under this Act.
18. Supreme Court—limitation of jurisdiction
It is the intention of this section to alter or vary
section 85 of the Constitution Act 1975 to
prevent the Supreme Court—
(a) awarding compensation or damages in
respect of anything done under or arising out
of this Act, or because of the variation or
termination by this Act of any agreement or
arrangement or the creation, variation or
extinguishment by or under this Act of any
liability or right except in circumstances set
out in section 16; or
(b) entertaining an action of a kind referred to in
section 17.
s. 17
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19. Repeal of Collingwood Land (Victoria Park) Act
1992
(1) The Collingwood Land (Victoria Park) Act
1992 is repealed.
(2) Any document which by force of section 6 of the
Collingwood Land (Victoria Park) Act 1992
may have had effect as a binding and enforceable
agreement, and any rights or obligations which
may have been created in consequence of that
agreement, are deemed, by force of this Act, never
to have had effect and never to have been created.
s. 19
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SCHEDULES
SCHEDULE 1
Section 3
VICTORIA PARK
Sch. 1
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SCHEDULE 2
Section 4
SCHEME FOR OWNERSHIP AND USE OF VICTORIA PARK
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Sch. 2
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ENDNOTES
General Information
Minister's second reading speech—
Legislative Assembly: 13 November 1992
Legislative Council: 17 November 1992
The long title for the Bill for this Act was "A Bill to implement arrangements
between the Council of the City of Collingwood and the Collingwood
Football Club Limited concerning land at Victoria Park and to repeal the
Collingwood Land (Victoria Park) Act 1992 and for other purposes.".
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 14 November 1992
Legislative Council: 17 November 1992
Absolute majorities:
Legislative Assembly: 14 November 1992
Legislative Council: 17 November 1992
The Victoria Park Land Act 1992 was assented to on 24 November 1992
and came into operation as follows:
Sections 1–4 on 24 November 1992: section 2(2); rest of Act on 1 February
1993: Government Gazette 28 January 1993 page 174.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 86/1992
Victoria Park Land Act 1992
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2. Table of Amendments
This Version incorporates amendments made to the Victoria Park Land Act
1992 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Building Act 1993, No. 126/1993
Assent Date: 14.12.93
Commencement Date: S. 264(Sch. 5 item 21) on 1.7.94: Special Gazette
(No. 42) 1.7.94 p. 1
Current State: This information relates only to the provision/s
amending the Victoria Park Land Act 1992
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Endnotes
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21
3. Explanatory Details
No entries at date of publication.
Endnotes