sport and recreation act 1972 - legislation.vic.gov.aufile/72-8344a034.docx · web viewmeans...

Version No. 034

Sport and Recreation Act 1972No. 8344 of 1972

Version incorporating amendments as at1 August 2015

TABLE OF PROVISIONSSection Page

1 Short title and commencement 12 Definitions 13 Objects 35 Duties of the Minister 56 Powers of the Minister 614 Application of moneys for sporting and recreational purposes 914A Power to Treasurer to execute guarantee 1015 Application of moneys for developing Australian Football 1115A Expenses of and charges for camps and other recreational

programmes 12═══════════════

Endnotes 16

1 General information 16

2 Table of Amendments 18

3 Amendments Not in Operation 21

4 Explanatory details 22

1

Version No. 034


Version incorporating amendments as at1 August 2015

An Act to establish a Department of Youth, Sport and Recreation and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1 Short title and commencement

(1) This Act may be cited as the Sport and Recreation Act 1972.

(2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2 Definitions

(1) In this Act, unless inconsistent with the context or subject-matter—

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1

S. 1(1) amended by No. 42/1986 s. 16.

S. 2 amended by No. 9057 s. 2(a)(i).

S. 2(1) def. of Minister repealed by No. 42/1986 s. 16.

S. 2(1) def. of department amended by No. 42/1986 s. 16, repealed by No. 100/1995 s. 58(a).

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sporting activities means sporting activities other than horse racing, harness racing, pony racing and greyhound racing;

sporting or recreational lands means—

(a) lands which have been granted or reserved by Her Majesty for sporting or recreational purposes or are available for such purposes;

(b) lands which are held in fee-simple by a municipal council or public statutory body and which are occupied for sporting or recreational purposes;

(c) lands which are held in fee-simple by or on behalf of a body corporate or unincorporate which exists for the purpose of providing or promoting sport or recreation and which applies its profits in promoting its objects and prohibits the payment of any dividend or amount to its members;

(d) lands which are held on trust in fee-simple for sporting or recreational purposes or on trusts which permit the lands to be used for sporting or recreational purposes;

2

S. 2(1) def. of Director General repealed by No. 100/1995 s. 58(a).

S. 2(1) def. of council repealed by No. 9057 s. 2 (a)(ii).

S. 2(1) def. of sporting activities inserted by No. 10105 s. 4.

S. 2(1) def. of sporting or recreational lands amended by No. 12/1989 s. 4(1) (Sch. 2 item 110.1)

Treasurer means the Treasurer of Victoria;

voluntary organization means any person or body of persons whether corporate or unincorporate carrying on or proposing to carry on an undertaking otherwise than for the personal profit of an individual member or members and includes any person or persons who is or are engaged in any activities which in the opinion of the Minister will assist in the attainment of the objects of this Act.

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3 Objects

The objects of this Act are—

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(b) to promote the fitness and general health of the people of Victoria and for that purpose it shall be the duty of the Minister—

(i) to encourage active participation in sporting activities;

3

S. 2(1) def. of Treasurer inserted by No. 9384 s. 2.

S. 2(2) inserted by No. 9057 s. 2(a)(iii), amended by Nos 10120 ss 6, 9, 42/1986 s. 16, repealed by No. 100/1995 s. 57(a).

S. 3(a) substituted by No. 10120 s. 4, repealed by No. 42/1986 s. 16.

(ii) to encourage and assist in the attainment of higher standards of safety performance and proficiency in sporting activities;

(iii) to assist voluntary organizations, Government departments, public statutory bodies, municipal councils and other persons or bodies to provide facilities and services for sport and to improve existing facilities and services;

(iv) to promote co-operation between voluntary organizations; and

(v) to encourage the co-ordination of the activities of Government departments, public statutory bodies, municipal councils and other persons or bodies concerned with sport;

(c) to improve the facilities available to the people of Victoria for leisure-time pursuits and for that purpose it shall be the duty of the Minister—

(i) to encourage and assist with the provision of additional opportunities for recreation for individuals and family groups;

(ii) to encourage and assist voluntary organizations, Government departments, public statutory bodies, municipal councils and other persons or bodies to provide facilities and services or to improve existing facilities and services for recreation of all kinds;

(iii) to promote co-operation between voluntary organizations;

4

S. 3(b)(iii) amended by No. 12/1989 s. 4(1)(Sch. 2 item 110.2).

S. 3(b)(v) amended by No. 12/1989 s. 4(1)(Sch. 2 item 110.2).

S. 3(c)(ii) amended by No. 12/1989 s. 4(1)(Sch. 2 item 110.2).

(iv) to encourage the co-ordination of the activities of Government departments, public statutory bodies, municipal councils and other persons or bodies concerned with recreation; and

(v) to encourage and assist the attainment of high standards of safety in recreational activities.

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5 Duties of the Minister

For the purposes of this Act the Minister shall—

(a) take such steps as he considers necessary or desirable to achieve the objects of this Act;

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(c) make proposals for the co-ordinated use of the resources of the Government and of the community for the purposes of this Act;

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5

S. 3(c)(iv) amended by No. 12/1989 s. 4(1)(Sch. 2 item 110.2).

S. 4 amended by No. 42/1986 s. 16, repealed by No. 100/1995 s. 58(b).

S. 5(b) repealed by No. 100/1995 s. 58(b).

S. 5(d) amended by Nos 9057 s. 2(b), 10120 ss 6, 9, 42/1986 s. 16 repealed by No. 100/1995 s. 57(a).

S. 5(e) repealed by No. 100/1995 s. 58(b).

6 Powers of the Minister

(1) For the purposes of this Act the Minister may—

(a) arrange for such surveys investigations and research to be carried out as are in his opinion necessary or desirable;

(b) cause the results of any such surveys investigations or research to be published;

(c) cause any information relating to the objects of the Act to be published and disseminated;

(d) authorize the payment of financial grants or subsidies subject to such terms and conditions as the Minister thinks fit;

(e) initiate or encourage planning and co-ordination;

(f) promote means of communication and consultation;

(g) provide or assist with the provision of training and coaching courses, programmes, services and facilities;

(h) establish and maintain camps and other facilities for recreation;

(i) provide sport or recreation programmes;

(j) make such charges for courses, programmes, publications, services and goods as he considers necessary or desirable.

6

S. 6(1) amended by No. 9057 s. 2(c)(i)(ii).

S. 6(1)(d) amended by No. 9449 s. 2.

S. 6(1)(h) inserted by No. 9057 s. 2(c)(ii).

S. 6(1)(i) inserted by No. 9057 s. 2(c)(ii), amended by No. 42/1986 s. 16.

S. 6(1)(j) inserted by No. 9057 s. 2(c)(ii).

(2) Where under the powers conferred by this Act the Minister is providing courses programmes publications services or goods which are directly comparable with those provided by any other person and he is providing them in direct competition with that other person, he shall not avail himself of any privilege or advantage that pertains to him by reason of his position as a Minister of the Crown.

(3) Without derogating from the power of the Minister to enter into any agreement or arrangement for or in connexion with the administration of this Act or the carrying out of his functions under this Act, the Minister may enter into any agreement or arrangement with any voluntary organization, person (including a Minister of the Crown) or body of persons, municipal council or public statutory authority to carry out any works or undertaking or to provide any services which the Minister has power to carry out or provide under this Act on such terms and conditions as are agreed upon between the Minister and the voluntary organization, person or body of persons, municipal council or public statutory authority as the case may be.

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7

S. 6(2) inserted by No. 9057 s. 2(c)(ii).

S. 6(3) inserted by No. 9449 s. 3, amended by No. 12/1989 s. 4(1)(Sch. 2 item 110.3).

S. 7 repealed by No. 100/1995 s. 58(b).

S. 8 amended by No. 9268 s. 2, substituted by No. 10120 s. 5, repealed by No. 42/1986 s. 16.

S. 9 amended by No. 9861 s. 3(1), substituted by No. 10120 s. 5, repealed by No. 42/1986 s. 16.

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8

S. 10 amended by Nos 8550 s. 2, 9861 s. 3(1), repealed by No. 42/1986 s. 16.

S. 11 amended by No. 9057 s. 2(d)(e), substituted by No. 10105 s. 5 (as amended by No. 10120 s. 13(a)–(c)), repealed by No. 100/1995 s. 57(a).

S. 12 substituted by No. 9057 s. 2(f), amended by Nos 9427 s. 6(1)(Sch. 5 item 195), 9861 s. 3(1), substituted by No. 10105 s. 7, repealed by No. 100/1995 s. 57(a).

S. 12A inserted by No. 9057 s. 2(f), substituted by No. 10120 s. 8, repealed by No. 100/1995 s. 57(a).

S. 12B inserted by No. 9057 s. 2(f), amended by No. 9861 s. 3(1), substituted by No. 10120 s. 8, repealed by No. 100/1995 s. 57(a).

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14 Application of moneys for sporting and recreational purposes

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(3) Out of the moneys available for sporting and recreational purposes there shall be paid all such moneys as the Minister directs for or with respect to sport or recreation and without limiting the generality of the foregoing the Minister may pay out of the moneys appropriated by Parliament for sporting and recreational purposes an amount by way of loan or grant to a municipal council or

9

S. 13 substituted by No. 9057 s. 2(f), amended by Nos 10120 ss 6, 9, 42/1986 s. 16, repealed by No. 100/1995 s. 57(a).

S. 14(1) repealed by No. 9861 s. 3(1).

S. 14(2) amended by Nos 8550 s. 3, 8581 s. 14, 9057 s. 3(a)(i)(ii), repealed by No. 9861 s. 3(1).

S. 14(3) amended by Nos 9861 s. 3(1), 12/1989 s. 4(1)(Sch. 2 item 110.4), 31/1994 s. 3(Sch. 1 item 51).

other public statutory authority or to a voluntary organization for or towards—

(a) the cost incurred in making permanent improvements to sports grounds sports premises or recreational facilities established on sporting or recreational lands;

(b) the cost of amenities for participants or spectators at such grounds premises or facilities;

(c) the cost of sports or recreational equipment and aids;

(d) the cost of training or coaching services facilities, equipment and aids; and

(e) the cost of providing assistance to schools for the promotion of sport and recreation in schools.

14A Power to Treasurer to execute guarantee

(1) Upon the recommendation of the Minister, the Treasurer may execute in favour of any person a guarantee guaranteeing the repayment of the whole or part of a loan to be made by that person to a voluntary organization for the purpose of providing sporting or recreational facilities.

(2) A guarantee by the Treasurer pursuant to subsection (1)—

(a) shall, subject to this subsection be in such form and subject to such terms and conditions as he thinks fit;

(b) may extend to any interest charges and other expenses chargeable by the person making the loan to the borrower and the expenses of enforcing or obtaining or endeavouring to

10

S. 14A inserted by No. 9384 s. 3.

S. 14A (1) amended by Nos 10120 ss 6, 9, 42/1986 s.16, 100/1995 s. 57(b).

S. 14A(2)(b) amended by No. 9549 s. 2(1)(Sch. item 264).

enforce or obtain repayment of the loan and those interest charges and expenses;

(c) may be subject to a condition that the person making the loan shall obtain, take and hold or retain and hold securities of such nature as the Treasurer may require for the repayment of the loan and the payment of any interest charges and expenses;

(d) shall be subject to a condition that the person making the loan shall not without the prior consent in writing of the Treasurer assign or encumber the benefit of the guarantee; and

(e) shall not be enforceable against the Treasurer unless and until the person making the loan has, to the Treasurer's satisfaction, exercised its rights and remedies under all securities held by or for it in respect of the loan and any interest charges and expenses.

(3) Any sums required by the Treasurer of Victoria for fulfilling any guarantee given under this Act shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sums received or recovered by the said Treasurer in respect of any sums so paid by the Treasurer shall be paid into the Consolidated Fund.

15 Application of moneys for developing Australian Football

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11

S. 15(1) amended by No. 9057 s. 3(b), repealed by No. 9861 s. 3(1).

S. 15(2) amended by Nos 8550 s. 4, 8581 s. 15, 9057 s. 3(e), repealed by No. 9861 s. 3(1).

(3) Out of the moneys available for the purposes of encouraging and developing Australian Football there shall be paid all such moneys as the Minister directs for or towards all or any of the following purposes—

(a) the encouragement promotion and development of Australian Football;

(aa) the improvement of football grounds used for Australian Football and the facilities and amenities at those grounds;

(b) assisting persons schools clubs or associations to obtain equipment to be used in or in connexion with the playing of Australian Football; and

(c) improving the standards of Australian Football.

15A Expenses of and charges for camps and other recreational programmes

(1) There shall be paid out of the moneys available for the purposes of camps and recreational programmes such expenses as are incurred by the Minister for or in relation to the administration of such camps and recreational programmes.

(2) All fees and charges received for camps or other recreational programmes and all moneys received for the sale of goods, services and publications shall be paid into the Consolidated Fund.

12

S. 15(3) amended by Nos 9861 s. 3(1), 31/1994 s. 3 (Sch. 1 item 51).

S. 15(3)(a) amended by No. 9057 s. 3(c).

S. 15(3)(aa) inserted by No. 9057 s. 3(d).

S. 15A inserted by No. 9057 s. 4, substituted by No. 9861 s. 3 (1).

S. 15A(1) amended by No. 31/1994 s. 3(Sch. 1 item 51).

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13

S. 16 substituted by No. 8499 s. 2, amended by Nos 8799 s. 4, 9019 s. 2(1) (Sch. item 251), repealed by No. 42/1986 s.16.

S. 17 amended by No. 10120 ss 11, 12, repealed by No. 100/1995 s. 57(c).

S. 18 amended by Nos 9057 s. 3(f)(g), 10120 s. 12, repealed by No. 100/1995 s. 57(c).

S. 19 repealed by No. 8550 s. 5, new s. 19 inserted by No. 9057 s. 5, substituted by No. 10105 s. 8 (as amended by No. 10120 s. 15), amended by No. 42/1986 s. 16, repealed by No. 100/1995 s. 57(c).

S. 20 amended by No. 8656 s. 2(1), repealed by No. 100/1995 s. 58(b).

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S. 22 repealed by No. 31/1994 s. 4(Sch. 2 item 77).

S. 23 substituted by No. 9057 s. 6, amended by No. 9212 s. 2(2), repealed by No. 100/1995 s. 58(b).


S. 25 repealed by No. 100/1995 s. 57(c).

S. 26 repealed by No. 9863 s. 2.

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Sch. (Heading)repealed by No. 21/2015 s. 3(Sch. 1 item 50).

Sch. repealed by No. 100/1995 s. 58(b).


15

Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Sport and Recreation Act 1972 was assented to on 12 December 1972 and came into operation on 19 December 1972: Government Gazette 13 December 1972 page 3978.

The name of this Act was changed from the Youth, Sport and Recreation Act 1972 to the Sport and Recreation Act 1972 by Act No. 42/1986, section 16.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).


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http://www.legislation.vic.gov.au/

• 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).


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2 Table of AmendmentsThis publication incorporates amendments made to the Sport and Recreation Act 1972 by Acts and subordinate instruments.

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Youth, Sport and Recreation (State School Premises) Act 1973, No. 8499/1973Assent Date: 11.12.73Commencement Date: 11.12.73Current State: All of Act in operation

Youth, Sport and Recreation (Amendment) Act 1974, No. 8550/1974Assent Date: 7.5.74Commencement Date: 7.5.74Current State: All of Act in operation

Tattersall Consultations (Soccer Football Pools) Act 1974, No. 8581/1974Assent Date: 22.10.74Commencement Date: 22.10.74Current State: All of Act in operation

Public Service Act 1974, No. 8656/1974Assent Date: 20.12.74Commencement Date: 1.8.75: s. 1(2)Current State: All of Act in operation

Education (School Councils) Act 1975, No. 8799/1975Assent Date: 2.12.75Commencement Date: 2.12.75Current State: All of Act in operation

Statute Law Revision Act 1977, No. 9019/1977Assent Date: 17.5.77Commencement Date: 17.5.77: subject to s. 2(2)Current State: All of Act in operation

Youth, Sport and Recreation (State Recreation Council) Act 1977, No. 9057/1977Assent Date: 29.11.77Commencement Date: Ss 1–5, 7 on 1.8.78: Government Gazette

27.7.78 p. 2493; ss 6, 8 on 10.9.78: Government Gazette 30.8.78 p. 2802

Current State: All of Act in operation

Crown Land (Reserves) Act 1978, No. 9212/1978Assent Date: 19.12.78Commencement Date: 1.3.79: Government Gazette 21.2.79 p. 441Current State: All of Act in operation

Youth, Sport and Recreation (State Youth Council) Act 1979, No. 9268/1979Assent Date: 10.7.79Commencement Date: 1.8.79: Government Gazette 1.8.79 p. 2407Current State: All of Act in operation


18

Youth, Sport and Recreation (Guarantees) Act 1980, No. 9384/1980Assent Date: 6.5.80Commencement Date: 29.4.81: Government Gazette 29.4.81 p. 1367Current State: All of Act in operation


Youth, Sport and Recreation (Agreements) Act 1980, No. 9449/1980Assent Date: 2.12.80Commencement Date: 2.12.80Current State: All of Act in operation


Public Account (Trust Funds) Act 1982, No. 9861/1982Assent Date: 5.1.83Commencement Date: 12.1.83: Government Gazette 12.1.83 p. 81Current State: All of Act in operation

Statute Law Revision (Repeals) Act 1982, No. 9863/1982Assent Date: 5.1.83Commencement Date: 5.1.83Current State: All of Act in operation

Youth, Sport and Recreation (State Sports Council) Act 1984, No. 10105/1984 (as amended by No. 10120/1984)

Assent Date: 25.9.84Commencement Date: 8.11.84: Government Gazette 7.11.84 p. 3984Current State: All of Act in operation

Youth, Sport and Recreation (Advisory Councils) Act 1984, No. 10120/1984Assent Date: 7.11.84Commencement Date: Ss 1–3 on 7.11.84: s. 2(2); ss 13–16 on 25.9.84:

s. 2(3); rest of Act on 8.11.84: Government Gazette 7.11.84 p. 3984


Youth Affairs Act 1986, No. 42/1986Assent Date: 20.5.86Commencement Date: 20.5.86Current State: All of Act in operation

Local Government (Consequential Provisions) Act 1989, No. 12/1989Assent Date: 9.5.89Commencement Date: S. 4(1)(Sch. 2 items 110.1–110.4) on 1.11.89:

Government Gazette 1.11.89 p. 2798Current State: This information relates only to the provisions

amending the Sport and Recreation Act 1972


19

Financial Management (Consequential Amendments) Act 1994, No. 31/1994Assent Date: 31.5 94Commencement Date: Ss 1, 2 on 31.5.94: s. 2(1); s. 3(Sch. 1 items

1–59, 61–68) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984; s. 4(Sch. 2 items 1–108) on 1.1.95: Government Gazette 28.7.94 p. 2055; s. 3(Sch. 1 item 60) repealed by No. 75/1994 s. 13


Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995Assent Date: 5.12.95Commencement Date: Ss 57, 58 on 5.12.95: s. 2(1)Current State: This information relates only to the provisions


Statute Law Revision Act 2015, No. 21/2015Assent Date: 16.6.15Commencement Date: S. 3(Sch. 1 item 50) on 1.8.15: s. 2(1)Current State: This information relates only to the provisions


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3 Amendments Not in OperationNot updated for this publication.


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4 Explanatory detailsNo entries at date of publication.


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