Version incorporating amendments as at
5 February 2025
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
S. 1(a) amended by No. 38/2024 s. 5.
(a) to establish a Victorian Convention and Event Trust to manage convention and exhibition facilities and services and to carry out certain other functions;
(b) to abolish the Melbourne Exhibition Centre Trust;
(c) to repeal the Melbourne Exhibition Centre Act 1994.
2 Commencement
(1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into operation on a day or days to be proclaimed.
3 Definitions
S. 3 def. of acting chairperson inserted by No. 38/2024 s. 6(a).
acting chairperson means a person appointed under section 10B;
S. 3 def. of chairperson inserted by No. 38/2024 s. 6(a).
chairperson means a person appointed under section 10;
S. 3 def. of deputy chairperson inserted by No. 38/2024 s. 6(a).
deputy chairperson means a person appointed under section 10A;
Exhibition land means the Exhibition land set out in the Schedule to the Museums Act 1983;
member in relation to the Trust, means a member of the Trust and includes the chairperson of the Trust;
Royal Exhibition Building means the Royal Exhibition Building on the Exhibition land;
S. 3 def. of Trust substituted by No. 38/2024 s. 6(b).
Trust means the Victorian Convention and Event Trust established by this Act.
Pt 2 (Heading) amended by No. 38/2024 s. 7.
Part 2—Victorian Convention and Event Trust
4 Establishment of Trust
S. 4(1) amended by No. 38/2024 s. 8.
(1) There is established by this Act a Trust to be known as the Victorian Convention and Event Trust.
(2) The Trust—
(a) is a body corporate with perpetual succession; and
(b) has a common seal; and
(c) may sue or be sued in its corporate name; and
(d) is capable of acquiring, holding and disposing of real and personal property; and
(e) is capable of doing or suffering anything which by law bodies corporate may do or suffer.
(3) The common seal of the Trust must be kept as directed by the Trust and must not be used except as authorised by the Trust.
(4) All courts must take judicial notice of the common seal of the Trust affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
5 Functions of Trust
The functions of the Trust are to provide for—
S. 5(a) amended by No. 66/2009 s. 9(1).
(a) the development, promotion, management, operation and use of convention and exhibition facilities and services in Victoria, including the use of those facilities and services for entertainment purposes;
S. 5(b) amended by No. 66/2009 s. 9(1).
(b) with the approval of the Minister, the development, promotion, management, operation and use of tourism or hospitality facilities and services in Victoria, including the use of those facilities and services for entertainment purposes;
(c) the development, promotion, management, operation and use of facilities and services for the parking of vehicles to be used in conjunction with any of the Trust's facilities;
S. 5(d) amended by No. 66/2009 s. 9(2).
(d) with the approval of the Minister and for such period as is approved by the Minister, the promotion, management, operation and use of—
(i) the Royal Exhibition Building; and
(ii) any part of the Exhibition land that the Trust reasonably requires in conjunction with the use of the Royal Exhibition Building—
subject to any agreement or arrangement between the Trust and the Museums Board of Victoria;
S. 5(da) inserted by No. 38/2024 s. 9.
(da) the support of Victoria's tourism or events industry in relation to any matter determined by the Minister under section 5A;
(e) any other matter authorised by this Act.
S. 5A inserted by No. 38/2024 s. 10.
5A Minister may determine matters in relation to support of tourism or events industry
(1) Without limiting section 7, for the purposes of section 5(da) the Minister may make a determination specifying any matter in relation to which the Trust has the function of providing for the support of Victoria's tourism or events industry.
(2) A determination under subsection (1)—
(a) must be published in the Government Gazette; and
(b) takes effect on the day it is published in the Government Gazette or on such later date as specified in the determination.
6 Powers of Trust
(1) The Trust may do anything necessary or convenient to be done for or in connection with the performance of its functions.
(2) Without limiting subsection (1), the Trust—
(a) may acquire, hold and dispose of any real or personal property or any interest in that property;
(b) may be appointed and act as a committee of management of any land reserved under the Crown Land (Reserves) Act 1978 for purposes that are consistent with the functions of the Trust;
(c) may enter into contracts, agreements, arrangements, leases and licences;
(d) may engage agents or contractors;
(e) may act as agent of another person.
(3) The Trust also has the powers in Part 3 and section 22 but these powers do not limit its general powers.
7 Ministerial directions
(1) The Minister may give to the Trust—
(a) general directions; or
(b) any specific direction in relation to—
(i) the spending of any amount of the Trust's funds that is specified by the Minister for the promotion of Melbourne as a place for holding conferences, conventions or exhibitions or for any other purposes specified by the Minister; or
(ii) any matter or class of matters specified in the direction.
(2) The Trust must carry out its functions and duties and exercise its powers subject to—
(a) the general direction and control of the Minister; and
(b) any specific direction given by the Minister under this section.
S. 8 amended by No. 38/2024 s. 11.
8 Members of the Trust
The Trust consists of not less than 3, and not more than 9, part-time members appointed by the Governor in Council having regard to their capacity to carry out the functions of the Trust and having qualifications and experience that the Governor in Council considers appropriate.
9 Terms and conditions of appointment
(1) A member of the Trust may be appointed for any term not exceeding 3 years that is specified in the instrument of appointment, but is eligible for re‑appointment.
(2) A member is entitled to be paid any remuneration or travelling or other allowances that are fixed for that member from time to time by the Governor in Council.
S. 9(3) amended by No. 46/1998
s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 129), 80/2006 s. 26(Sch. item 66).
(3) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member.
(4) A member is appointed subject to any other terms and conditions that are specified in the instrument of appointment.
10 Chairperson
(1) The Minister must appoint one member to be chairperson of the Trust.
(2) The chairperson may resign that office by notice in writing signed by the chairperson and delivered to the Minister.
S. 10A inserted by No. 38/2024 s. 12.
10A Deputy chairperson
(1) The Minister may appoint one member to be deputy chairperson of the Trust.
(2) The deputy chairperson must act as chairperson if—
(a) the chairperson is absent or unable to perform duties as the chairperson for a period of not more than 3 months; and
(b) there is no acting chairperson.
(3) When acting as chairperson, the deputy chairperson—
(a) has and may exercise all the powers of the chairperson; and
(b) must perform all the functions and duties of the chairperson; and
(c) is entitled to receive any remuneration or travelling or other allowances to which the chairperson would have been entitled.
(4) The deputy chairperson may resign that office by written notice signed by the deputy chairperson and delivered to the Minister.
S. 10B inserted by No. 38/2024 s. 12.
10B Acting chairperson
(1) If the chairperson is unable to perform the chairperson's duties for a period of not more than 3 months, the Minister may appoint a member to be acting chairperson of the Trust during that period.
(2) A member appointed as acting chairperson under subsection (1) must act as chairperson.
(3) When acting as chairperson, the acting chairperson—
(a) has and may exercise all the powers of the chairperson; and
(b) must perform all the functions and duties of the chairperson; and
(c) is entitled to receive any remuneration or travelling or other allowances to which the chairperson would have been entitled.
11 Vacancies
(1) A member may resign by notice in writing signed by the member and delivered to the Minister.
(2) The office of a member becomes vacant if the member—
S. 11(2)(a) amended by No. 38/2024 s. 13(1).
(a) becomes insolvent under administration; or
(b) is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or
(c) is absent from 3 consecutive meetings of the Trust without the prior leave of the Trust.
S. 11(3) inserted by No. 38/2024 s. 13(2).
(3) In the circumstances specified in subsection (4), on the recommendation of the Minister, the Governor in Council may—
(a) suspend a member from the Trust for any period equal to or less than the remainder of the member's term of office; or
(b) remove a member from the Trust.
S. 11(4) inserted by No. 38/2024 s. 13(2).
(4) For the purposes of subsection (3), the specified circumstances are that the member—
(a) is convicted or found guilty of an offence relating to the performance of duties as a member; or
(b) engages in improper conduct in performing duties as a member; or
(c) is negligent in performing or failing to perform duties as a member; or
(d) fails to disclose a conflict of interest; or
(e) is absent or unable to perform duties as a member for a period of more than 3 months.
12 Temporary vacancies
(1) If—
(a) the office of a member is vacant; or
(b) a member is unable, whether because of illness or otherwise, to perform the duties of the office of member—
the Minister may appoint a person to act as a member while the office is vacant or during that period of inability.
S. 12(2) substituted by No. 38/2024 s. 14.
(2) While a person is acting as a member, the person—
(a) has and may exercise all the powers of the member for whom the person acts; and
(b) must perform all the functions and duties of that member; and
(c) has the same voting rights as that member.
(3) A person appointed to act as a member is entitled to receive any remuneration, travelling and other allowances fixed for an acting member by the Minister.
13 Trust may act despite vacancy etc.
An act or decision of the Trust is not invalid only because—
(a) of a defect or irregularity in or in connection with the appointment of a member; or
(b) of a vacancy in the office of a member; or
(c) in the case of an acting member, the occasion for the member acting has not arisen or had ceased.
14 Pecuniary interest of members
(1) If—
(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Trust; and
(b) the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter—
the member, as soon as practicable after becoming aware of the relevant facts, must declare the nature of the interest to the Trust.
(2) The Trust or the chairperson must cause a record of the declaration to be tabled and recorded in the minutes of the meeting or, if the declaration is not made at a meeting of the Trust, at the next meeting of the Trust.
(3) A member who has a conflict of interest in a matter—
(a) must not be present during any deliberations on the matter, unless the Trust directs otherwise; and
(b) is not entitled to vote on the matter.
(4) If a member votes on a matter in contravention of subsection (3)(b), the member's vote must be disallowed.
(5) A member who has a conflict of interest in a matter must not be present during any deliberations leading to a direction, or take part in making a direction, under subsection (3)(a).
(6) For the purposes of this section, a member is not to be regarded as having a conflict of interest—
(a) in relation to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or
(b) in a contract or arrangement because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body.
15 Meetings
S. 15(1) substituted by No. 38/2024 s. 15.
(1) At any meeting of the Trust—
(a) if the chairperson is present, the chairperson must preside; or
(b) if the chairperson is not present and there is an acting chairperson, the acting chairperson must preside; or
(c) if the chairperson is not present and there is no acting chairperson, the deputy chairperson must preside.
(2) A question must not be determined at a meeting of the Trust unless a quorum consisting of a majority of its current membership is present.
(3) A question arising at a meeting of the Trust shall be determined by a majority of the members present and voting on that question and, in the event of an equality of votes, the person presiding has a second or casting vote.
(4) The Trust must meet at the times and places determined by it or, in the absence of a determination by the Trust, by the chairperson.
16 Staff
(1) The Trust may appoint an executive officer and may employ or engage any other officers, employees or persons that are necessary for the performance of its functions.
(2) The executive officer holds office—
(a) for the term not exceeding 5 years that is specified in the instrument of appointment but is eligible for re-appointment; and
(b) on any other terms and conditions that are specified in the instrument of appointment.
Part 3—Particular powers of the Trust
Division 1—General powers
17 Power to impose fees or charges
The Trust has power to impose fees or charges for providing any facilities or services.
18 Arrangements
The Trust, with the approval of the Minister, may do all or any of the following for the purposes of performing its functions under this Act—
(a) form, or participate in the formation of, a corporation, trust, partnership or other body;
(b) subscribe for, or otherwise acquire, and hold and dispose of shares in, or debentures or other securities of, a corporation;
(c) subscribe for, or otherwise acquire, and hold and dispose of, units in a trust;
(d) acquire and hold and dispose of an interest in a partnership or other body;
(e) enter into any contract, agreement or arrangement with a person for the sharing of profits, a union of interest, co-operation, a joint venture, a reciprocal concession or otherwise.
(2) Subsection (1) applies whether a person or body referred to in that subsection or a party to a contract, agreement or arrangement under subsection (1)(e) is formed in Victoria or elsewhere.
(3) An approval under this section may be given for a particular case or a class of cases.
19 Reciprocal arrangements with public sector agencies
(1) With the consent of the Governor in Council given on the Minister's recommendation, the Trust may enter into an agreement or arrangement with a public sector agency concerning—
(a) the performance or exercise by the Trust and the public sector agency of any of their respective functions or powers; or
(b) the carrying out or providing by the Trust for the public sector agency, or by the public sector agency for the Trust, of any works or services; or
(c) the use or joint use by the Trust and the public sector agency of their respective facilities or the services of their respective staff; or
(d) the allocation of funds collected under the agreement or arrangement.
(2) If the Trust proposes to enter into an agreement or arrangement providing for the allocation of funds to be collected under the agreement or arrangement, the Minister must consult the Treasurer about the proposal before making any recommendation under subsection (1).
(3) In this section public sector agency means a Minister, government department, body established by or under an Act for a public purpose, municipal council or committee of management of Crown lands.
Division 2—Land
20 Trust is an authority under the Land Act 1958
(1) The Trust is an authority for the purposes of section 22A of the Land Act 1958.
(2) The powers conferred on the Trust by section 22A of the Land Act 1958 as applied by this section are in addition to and do not derogate from any of the Trust's other functions or powers and any other provisions of this Act.
21 Restrictions on certain dealings with land
The Trust must not—
(a) sell, mortgage or otherwise dispose of land in fee simple or any part of it; or
(b) use or permit to be used any land vested in the Trust or managed or controlled by the Trust or any part of that land otherwise than for the purposes of the Trust—
without the approval in writing of the Minister.
Part 4—Finances and reporting
22 Borrowing and investment powers
The Trust has the powers conferred on it by the Borrowing and Investment Powers Act 1987.
23 Corporate plan
(1) The Trust must prepare a corporate plan each year.
(2) The Trust must give a copy of the proposed plan to the Minister on or before 31 May in each year.
(3) The proposed corporate plan must be in or to the effect of a form approved by the Minister and must include—
(a) a statement of corporate intent in accordance with section 24;
(b) a business plan containing the information required by the Minister;
(c) financial statements containing the information required by the Minister.
(4) The Trust must consider any comments on the proposed plan that are made to it by the Minister within 2 months after the plan was submitted to the Minister.
(5) The Trust must consult in good faith with the Minister following communication to it of the comments, must make such changes to the plan as are agreed between the Minister and the Trust and must deliver the completed plan to the Minister within 2 months after the commencement of the financial year.
(6) The plan, or any part of the plan, must not be published or made available except for the purposes of this Part without the prior approval of the Trust and the Minister.
(7) The plan may be modified at any time by the Trust with the agreement of the Minister.
(8) If the Trust, by written notice to the Minister, proposes a modification of the plan the Trust may, within 14 days, make the modification unless the Minister, by written notice to the Trust, directs the Trust not to make it.
(9) The Minister may, from time to time, by written notice to the Trust, direct the Trust to include in, or omit from, a statement of corporate intent, business plan or financial statement, any specified matters.
(10) Before giving a direction under subsection (9), the Minister must consult with the Trust as to the matters to be referred to in the direction.
(11) The Trust must comply with any direction under subsection (9).
(12) At any particular time, the statement of corporate intent, the business plan or the financial statements for the Trust are the statements and plans last completed, with any modifications or deletions made in accordance with this Part.
24 Statement of corporate intent—contents
Each statement of corporate intent must specify for the Trust, in respect of the financial year to which it relates and each of the 2 following financial years, the following information—
(a) the objectives of the Trust;
(b) the main undertakings of the Trust;
(c) the nature and scope of the activities to be undertaken by the Trust;
(d) the accounting policies to be applied in the accounts;
(e) the performance targets and other measures by which the performance of the Trust may be judged in relation to its stated objectives;
(f) the kind of information to be provided to the Minister by the Trust during the course of those financial years, including the information to be included in each half-yearly report;
(g) such other matters as may be agreed by the Minister and the Trust from time to time.
25 Trust to act in accordance with corporate plan
The Trust must act only in accordance with its corporate plan, as existing from time to time, unless it has first obtained the written approval of the Minister to do otherwise.
26 Nothing void merely because of non-compliance
Nothing done by the Trust is void or unenforceable merely because the Trust has failed to comply with this Part.
27 Half-yearly reports
(1) The Trust must give to the Minister a report of the operations of the Trust during the period of 6 months ending on the preceding 31 December and financial statements for that period.
(2) The report must be given to the Minister in February in each year or at any other time that the Minister approves or requires.
(3) If the Minister, by notice in writing given to the Trust, requires certain information to be included in a report, that information must be included in the report.
Part 5—General
28 Regulations
(1) The Governor in Council may make regulations prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2) The regulations are subject to disallowance by a House of the Parliament.
Pt 6 (Heading and ss 29–36) amended by No. 29/2011 s. 3(Sch. 1 item 59), substituted as Pt 6 (Heading and s. 29) by No. 38/2024 s. 16.
Part 6—Transitional provisions—Melbourne Convention and Exhibition Trust Amendment Act 2024
S. 29 substituted by No. 38/2024 s. 16.
29 Transitional provisions—Melbourne Convention and Exhibition Trust Amendment Act 2024
On and from the commencement of Part 2 of the Melbourne Convention and Exhibition Trust Amendment Act 2024—
(a) the Trust continues to be the same body after that commencement as before that commencement, despite the change to its name made by section 8 of that Act, and that change does not affect any act, matter or thing; and
(b) subject to this Act, a member of the Trust appointed under section 8 as in force immediately before the commencement of Part 2 of the Melbourne Convention and Exhibition Trust Amendment Act 2024 remains in office for the remainder of that member's term of office; and
(c) a reference to the Melbourne Convention and Exhibition Trust Act 1996 in any Act, subordinate instrument or other document is taken to be a reference to the Victorian Convention and Event Trust Act 1996, unless the context otherwise requires; and
(d) a reference to the Melbourne Convention and Exhibition Trust in any Act, subordinate instrument or other document is taken to be a reference to the Victorian Convention and Event Trust, unless the context otherwise requires.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 14 November 1996
Legislative Council: 5 December 1996
The long title for the Bill for this Act was "to establish a Melbourne Convention and Exhibition Trust to manage convention and exhibition facilities and services and to carry out certain other functions, to abolish the Melbourne Exhibition Centre Trust, to repeal the Melbourne Exhibition Centre Act 1994 and for other purposes."
The Melbourne Convention and Exhibition Trust Act 1996 was assented to on 17 December 1996 and came into operation as follows:
Sections 1 and 2 on 17 December 1996: section 2(1); rest of Act on 5 February 1997: Special Gazette (No. 16) 5 February 1997 page 1.
The title of this Act was changed from the Melbourne Convention and Exhibition Trust Act 1996 to the Victorian Convention and Event Trust Act 1996 by section 4 of the Melbourne Convention and Exhibition Trust Amendment Act 2024, No. 38/2024.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Victorian Convention and Event Trust Act 1996 by Acts and subordinate instruments.