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Version No. 030

State Sport Centres Act 1994No. 117 of 1994

Version incorporating amendments as at30 September 2013

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 23 Definitions 2

PART 2—STATE SPORT CENTRES TRUST 4

5 Establishment of Trust 46 Functions of Trust 46A Minister may give directions to Trust 66B Minister must approve carrying out of certain functions 67 Powers of Trust 68 Trust represents the Crown 610 Members of the Trust 711 Terms and conditions of appointment 712 Chairperson 813 Vacancies 814 Temporary vacancies 815 Trust may act despite vacancy etc. 916 Pecuniary and other interests of members 917 Meetings 1018 Resolutions without meetings 1019 Immunity 1120 Chief executive officer and other staff 1121 Delegation 12

PART 3—PARTICULAR POWERS OF THE TRUST 13

Division 1—Management powers 13

22 Power to manage the Centre and land 1323 Reciprocal arrangements with public sector agencies 13

Division 2—Melbourne Sports and Aquatic Centre land 14

1

24 Albert Park land 1425 Trust may enter into agreements to operate services and

facilities 1525A Trust to manage Melbourne Sports and Aquatic Centre land 1625B Powers to enter into leases 1625C Power to grant licences over Melbourne Sports and Aquatic

Centre land 1826 No compensation payable 1926AA Management powers over additional land 19

Division 3—State Netball and Hockey Centre land 20

26A Trust to manage State Netball and Hockey Centre land 2026B Powers to enter into leases 2026C Power to grant licences over State Netball and Hockey Centre

land 2226D State Netball and Hockey Centre Advisory Committee 2326E Function of State Netball and Hockey Centre Advisory

Committee 2426F Procedure 24

Division 4—Additional Melbourne Sports and Aquatic Centre land 24

26G Revocation of reservations—Distance Education Centre land and former railway land 24

26H Additional land included in Albert Park as Melbourne Sports and Aquatic Centre land 25

26I Registrar of Titles to make necessary amendments 26

PART 4—FINANCES AND REPORTING 27

27 Borrowing and investment powers 2728 State Sports Centres Fund 2728A The Melbourne Sports and Aquatic Centre Account 2728B The State Netball and Hockey Centre Account 2929 Accounts 3030 Business plan 30

PART 5—GENERAL 32

31 Supreme Court—limitation of jurisdiction 3232 Regulations 3233 By-laws 3434 Proceedings for offences 36

PART 6—TRANSITIONAL PROVISIONS 37

2

36 References to Act 3737 Change in name of Trust 3738 Saving of certain matters in respect of State Netball and

Hockey Centre 3839 Application of Project Development and Construction

Management Act 1994 3840 Transitional provisions—State Sport Centres (Amendment)

Act 2004 40__________________

SCHEDULES 41

SCHEDULE 1—Melbourne Sports and Aquatic Centre Land 41

SCHEDULE 2—Former Distance Education Centre Land 42

SCHEDULE 3—Former Railway Land 43

═══════════════

ENDNOTES 44

1. General Information 44

2. Table of Amendments 45

3. Explanatory Details 47

3

Version No. 030


Version incorporating amendments as at30 September 2013

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1 Purposes

The purposes of this Act are—

(a) to establish a State Sport Centres Trust;

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

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

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

(e) to provide for the management, promotion, operation and use of the State Netball and Hockey Centre;

(f) to provide for the use of the State Netball and Hockey Centre land;

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

1

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

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

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

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

2 Commencement

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

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

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

3 Definitions

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

* * * * *

* * * * *

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

2

s. 2

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

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

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

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

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

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

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

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

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

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

* * * * *

_______________

3

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

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

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

s. 3

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

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

S. 4 repealed by No. 68/1997 s. 3(2).

PART 2—STATE SPORT CENTRES TRUST

5 Establishment of Trusts. 5

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

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

(2) The Trust—

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

(b) has a common seal; and

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

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

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

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

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

6 Functions of Trust

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

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

Part 2—State Sport Centres Trust


4

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

(b) the management, operation and maintenance of the Melbourne Sports and Aquatic Centre and the State Netball and Hockey Centre;

(c) the care, improvement, use and promotion of the Melbourne Sports and Aquatic Centre and the State Netball and Hockey Centre;

(d) the efficient financial management of the Melbourne Sports and Aquatic Centre and the State Netball and Hockey Centre;

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

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

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

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

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

S. 6(b) amended by No. 60/1999 s. 9(a).

S. 6(c) amended by No. 60/1999 s. 9(b).

S. 6(d) amended by No. 60/1999 s. 9(c).

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

s. 6

S. 6(dab) inserted by No. 70/2004 s. 5(2).

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

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



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

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

6A Minister may give directions to Trust

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

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

6B Minister must approve carrying out of certain functions

The Trust must obtain the written approval of the Minister before carrying out any of its functions or exercising any of its powers under this Act with respect to land, facilities or services other than the Melbourne Sports and Aquatic Centre, the State Netball and Hockey Centre, the Melbourne Sports and Aquatic Centre land or the State Netball and Hockey Centre land.

7 Powers of Trust

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

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

8 Trust represents the Crown

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

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

s. 6A

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



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

* * * * *

10 Members of the Trust

The Trust shall consist of not less than 5, and not more than 7, part-time members appointed by the Governor in Council having regard to their capacity to carry out the functions of the Trust and having qualifications and experience that the Governor in Council considers appropriate.

11 Terms and conditions of appointment

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

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

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

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

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

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

s. 10Part 2—State Sport Centres Trust


7

(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Trust in respect of the office of member.

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

12 Chairperson

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

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

13 Vacancies

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

(2) The office of a member becomes vacant—

(a) if the member becomes bankrupt; or

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

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

14 Temporary vacancies

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



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

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

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

15 Trust may act despite vacancy etc.

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

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

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

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

16 Pecuniary and other interests of members

(1) A member who—

(a) has a direct or indirect pecuniary interest in; or

(b) has an interest which would conflict with the proper performance of the member's duties in relation to—

a matter being considered or about to be considered by the Trust must, as soon as practicable after the relevant facts have come to his or her knowledge, declare the nature of the interest at a meeting.



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

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

(a) unless the Trust otherwise directs, the member must not be present during any deliberation with respect to that matter; and

(b) the member is not entitled to vote on the matter; and

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

17 Meetings

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

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

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

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

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



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18 Resolutions without meetings

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

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

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

19 Immunity

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

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

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

(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to the

s. 17s. 19Part 2—State Sport Centres Trust


11

member or chief executive officer, attaches instead to the Trust.

20 Chief executive officer and other staff

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

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

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

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

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

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

21 Delegation

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

_______________



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PART 3—PARTICULAR POWERS OF THE TRUST

Division 1—Management powers

22 Power to manage the Centre and land

The Trust has power to—

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

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

(c) charge fees for entry to the Melbourne Sports and Aquatic Centre or any part of the Melbourne Sports and Aquatic Centre land or for the use of any facilities or services at the Centre or on the land;

(d) charge fees for entry to the State Netball and Hockey Centre or any part of the State Netball and Hockey Centre land or for the use of any facilities or services at that Centre or on that land;

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

23 Reciprocal arrangements with public sector agencies

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

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

s. 22

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

S. 22(c) amended by No. 60/1999 s. 12(a).

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

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



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

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

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

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

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

Division 2—Melbourne Sports and Aquatic Centre land

24 Albert Park land

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

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

s. 24

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



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

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

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

* * * * *

* * * * *

* * * * *

25 Trust may enter into agreements to operate services and facilities

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

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

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

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

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

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



15

25A Trust to manage Melbourne Sports and Aquatic Centre land

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

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

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

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

25B Powers to enter into leases

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

(2) The Trust may only grant a lease under subsection (1) with the approval of the Minister.

(3) The Minister must not approve the granting of a lease under subsection (1) unless the Minister is satisfied that, to the extent that the lease applies to a stratum of land—

(a) the lessee for the time being under the lease can obtain reasonable access to and use of the land to be leased; and

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


s. 25A




16

(c) provision has been made (in the lease or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and

(d) provision has been made (in the lease or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or communications systems) to or through the stratum, where those rights are reasonably necessary for the reasonable enjoyment of the stratum or other land; and

(e) if the surface of the land above the stratum is a road, the exercise of any of the lessee's rights or obligations under the lease will not interfere with the public use of that land as a road.

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

(5) A lease granted under subsection (1)—

(a) may contain provision for the term of the lease to be extended one or more times, but the aggregate of the initial term and any extensions of the term must not exceed 50 years; and

(b) may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease; and

(c) is subject to any covenants, exceptions, reservations and conditions that are determined by the Trust and approved in writing by the Minister.

s. 25BPart 2—State Sport Centres Trust


17

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

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

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

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

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

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

(c) provision has been made (in the licence or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and

(d) provision has been made (in the licence or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or communications systems) to or through the stratum, where those rights are reasonably necessary for the reasonable enjoyment of the stratum or other land; and

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

s. 25CPart 2—State Sport Centres Trust


18

(e) if the surface of the land above the stratum is a road, the exercise of any of the licensee's rights or obligations under the licence will not interfere with the public use of that land as a road.

(3) A licence granted under this section—

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

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


26 No compensation payable

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

26AA Management powers over additional land

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

(a) despite anything to the contrary in the Crown Land (Reserves) Act 1978 or any regulations made under that Act, the Trust may exercise its powers and functions under this Act in relation to that land; and

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

s. 26

S. 26AA (Heading) amended by No. 70/2004 s. 9(1).S. 26AA inserted by No. 57/2001 s. 64, amended by No. 70/2004 s. 9(2).



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Division 3—State Netball and Hockey Centre land

26A Trust to manage State Netball and Hockey Centre land

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

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

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

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

26B Powers to enter into leases

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

(2) The Trust may only grant a lease under subsection (1) with the approval of the Minister.

(3) The Minister must not approve the granting of a lease under subsection (1) unless the Minister is satisfied that, to the extent that the lease applies to a stratum of land—

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


s. 26APart 2—State Sport Centres Trust


20

(a) the lessee for the time being under the lease can obtain reasonable access to and use of the land to be leased; and

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

(c) provision has been made (in the lease or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and

(d) provision has been made (in the lease or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or communications systems) to or through the stratum, where those rights are reasonably necessary for the reasonable enjoyment of the stratum or other land; and

(e) if the surface of the land above the stratum is a road, the exercise of any of the lessee's rights or obligations under the lease will not interfere with the public use of that land as a road.

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

(5) A lease granted under subsection (1)—

(a) may contain provision for the term of the lease to be extended one or more times, but the aggregate of the initial term and any extensions of the term must not exceed 50 years; and



21

(b) may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease; and

(c) is subject to any covenants, exceptions, reservations and conditions that are determined by the Trust and approved in writing by the Minister.


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

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

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

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

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

(c) provision has been made (in the licence or otherwise) for any necessary rights of support of the stratum or other land or of any

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

s. 26CPart 2—State Sport Centres Trust


22

building or structure erected or to be erected on those lands; and

(d) provision has been made (in the licence or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or communications systems) to or through the stratum, where those rights are reasonably necessary for the reasonable enjoyment of the stratum or other land; and

(e) if the surface of the land above the stratum is a road, the exercise of any of the licensee's rights or obligations under the licence will not interfere with the public use of that land as a road.

(3) A licence granted under this section—

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

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


26D State Netball and Hockey Centre Advisory Committee

(1) There is established by this Act an advisory committee to be known as the "State Netball and Hockey Centre Advisory Committee".

(2) The State Netball and Hockey Centre Advisory Committee consists of members appointed by the Minister including—

(a) a person nominated by the Trust, being either a member of the Trust or the chief executive officer of the Trust;

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

s. 26DPart 2—State Sport Centres Trust


23

(b) a person nominated by the Zoological Parks and Gardens Board established under the Zoological Parks and Gardens Act 1995;

(c) a person nominated by the Melbourne City Council;

(d) such other persons as the Minister thinks fit to appoint to represent community groups and organisations interested in the operation and management of the State Netball and Hockey Centre and the State Netball and Hockey Centre land.

(3) The chairperson of the State Netball and Hockey Centre Advisory Committee is the member appointed under subsection (2)(a).

26E Function of State Netball and Hockey Centre Advisory Committee

The function of the State Netball and Hockey Centre Advisory Committee is to advise the Trust on the operation and management of the State Netball and Hockey Centre and the State Netball and Hockey Centre land.

26F Procedure

Subject to this Act, the State Netball and Hockey Centre Advisory Committee may regulate its own proceedings.

Division 4—Additional Melbourne Sports and Aquatic Centre land

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

(1) The Order in Council dated 17 July 2001 and published in the Government Gazette on 19 July

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

s. 26E

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

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

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



24

2001 at page 1688 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 2.

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

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

(a) that land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

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

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

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

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

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

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

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

s. 26HPart 2—State Sport Centres Trust


25

26I Registrar of Titles to make necessary amendments

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

_______________

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

s. 26IPart 2—State Sport Centres Trust


26

PART 4—FINANCES AND REPORTING

27 Borrowing and investment powers

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

28 State Sports Centres Fund

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

(2) The Trust must establish and maintain within the Fund the following separate accounts—

(a) the Melbourne Sports and Aquatic Centre Account; and

(b) the State Netball and Hockey Centre Account.

28A The Melbourne Sports and Aquatic Centre Account

(1) There must be paid into the Melbourne Sports and Aquatic Centre Account—

(a) any amount standing to the credit of the Melbourne Sports and Aquatic Centre Fund immediately before the commencement of section 14 of the Melbourne Sports and Aquatic Centre (Amendment) Act 1999;

(b) all money received by or paid to the Trust in respect of the Melbourne Sports and Aquatic Centre or the Melbourne Sports and Aquatic Centre land;

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

s. 27





27

(d) all money required or authorised by or under this Act or any other Act to be paid into the Melbourne Sports and Aquatic Centre Account;

(e) any income received by the Trust from the investment of moneys in the Melbourne Sports and Aquatic Centre Account.

(2) Money in the Melbourne Sports and Aquatic Centre Account may be applied only—

(a) in payment or discharge of the debts and liabilities of the Trust in or in connection with the performance and exercise of the functions and powers of the Trust in relation to—

(i) the Melbourne Sports and Aquatic Centre and the Melbourne Sports and Aquatic Centre land; and

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

(b) in payment of the costs of the management of the Melbourne Sports and Aquatic Centre and the Melbourne Sports and Aquatic Centre land or the provision of services at the Centre or on that land, including the costs of employing and engaging people for the purposes of managing and operating the Centre and that land or the provision of services at the Centre or on that land; and

(c) in payment of the costs of the management of any other sports, recreation and entertainment facilities or services (other than the State Netball and Hockey Centre) managed or operated by the Trust or the

s. 28APart 2—State Sport Centres Trust


28

provision of services at those facilities, including the costs of employing and engaging people for the purposes of managing and operating the facilities or the provision of those services; and

(d) in payment of any other amount—

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

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

28B The State Netball and Hockey Centre Account

(1) There must be paid into the State Netball and Hockey Centre Account—

(a) all money received by or paid to the Trust in respect of the State Netball and Hockey Centre or the State Netball and Hockey Centre land;

(b) all money required or authorised by or under this Act or any other Act to be paid into the State Netball and Hockey Centre Account;

(c) any income received by the Trust from the investment of moneys in the State Netball and Hockey Centre Account.

(2) Money in the State Netball and Hockey Centre Account may be applied only—

(a) in payment or discharge of the debts and liabilities of the Trust in or in connection with the performance and exercise of the functions and powers of the Trust in relation to the State Netball and Hockey Centre and the State Netball and Hockey Centre land; and




29

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

(c) in payment of any other amount—

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

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

29 Accounts

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

30 Business plan

(1) The Trust must prepare a separate business plan for the Melbourne Sports and Aquatic Centre and for the State Netball and Hockey Centre each year.

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

(3) Each proposed business plan must be in or to the effect of a form approved by the Minister and must include—

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

s. 29

S. 30(1) amended by No. 60/1999 s. 15(a).

S. 30(2) amended by No. 60/1999 s. 15(b).

S. 30(3) amended by No. 60/1999 s. 15(c).



30

(a) a statement of corporate intent, being information about the objectives, main undertakings, activities, accounting policies and performance measures;

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

(c) any other matters that the Minister directs.

(4) The Trust must consider any comments on each proposed plan that are made to it by the Minister within 2 months after each 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 each plan as are agreed between the Minister and the Trust and must deliver each completed plan to the Minister within 3 months after each plan was submitted to the Minister.

s. 30S. 30(6) amended by No. 60/1999 s. 15(f)(i)(ii).

(6) A plan, or any part of a 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.

_______________

S. 30(4) amended by No. 60/1999 s. 15(d)(i)(ii).

S. 30(5) amended by No. 60/1999 s. 15(e)(i)(ii).



31

PART 5—GENERAL

31 Supreme Court—limitation of jurisdiction

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

32 Regulations

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

(a) the control, management and use of—

(i) the Melbourne Sports and Aquatic Centre and the Melbourne Sports and Aquatic Centre land; and

(ii) the State Netball and Hockey Centre and the State Netball and Hockey Centre land; and

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

(b) the prohibition or regulation of any activity—

(i) at the Melbourne Sports and Aquatic Centre or on the Melbourne Sports and Aquatic Centre land; or

(ii) at the State Netball and Hockey Centre or on the State Netball and Hockey Centre land; or

s. 31

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

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



32

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

(c) the protection of people in the Melbourne Sports and Aquatic Centre or the State Netball and Hockey Centre or on the Melbourne Sports and Aquatic Centre land or the State Netball and Hockey Centre land from injury or nuisance;

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

(d) the removal of any structures or other works which do not comply with the requirements of the Trust or in respect of which a lease, licence, permit or agreement has expired or has been cancelled;

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

(i) the Melbourne Sports and Aquatic Centre or the Melbourne Sports and Aquatic Centre land; or

(ii) the State Netball and Hockey Centre or the State Netball and Hockey Centre land; or


(f) prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

S. 32(1)(c) amended by No. 60/1999 s. 16(c)(i)(ii).

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

s. 32

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



33

(2) The regulations—

(a) may be of general or limited application;

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

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

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

(e) may apply, adopt or incorporate any matter contained in any document issued or adopted by any person whether—

(i) wholly or partially or as amended by the regulations; or

(ii) as issued or adopted at the time the regulations are made or at any time before then.

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

* * * * *

33 By-lawss. 33

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

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

(a) admission to—

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

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



34

(i) the Melbourne Sports and Aquatic Centre or any part of the Melbourne Sports and Aquatic Centre land;

(ii) the State Netball and Hockey Centre or any part of the State Netball and Hockey Centre land;


(b) the use of any facilities or services—

(i) at the Melbourne Sports and Aquatic Centre or on the Melbourne Sports and Aquatic Centre land;

(ii) at the State Netball and Hockey Centre or on the State Netball and Hockey Centre land;

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

(2) The by-laws may—

(a) set minimum or maximum fees and charges;

(b) be of general or limited application;

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

(d) apply, adopt or incorporate any matter contained in any document issued or adopted by any person whether—

(i) wholly or partially or as amended by the by-laws; or

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



35

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

34 Proceedings for offences

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

* * * * *

_______________

s. 34

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



36

PART 6—TRANSITIONAL PROVISIONS

36 References to Act

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

37 Change in name of Trust

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

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

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

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


s. 36

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



37

a reference to the "State Sport Centres Trust".

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

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

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

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

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

(ii) existing immediately before that commencement.

39 Application of Project Development and Construction Management Act 1994

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

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

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

s. 38

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



38

Centre or the State Netball and Hockey Centre land by—

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

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

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

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

(5) In this section—

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

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



39

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

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

__________________

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



40

SCHEDULE 1

MELBOURNE SPORTS AND AQUATIC CENTRE LAND

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

Sch. 1Part 2—State Sport Centres Trust


41

—————————



42

SCHEDULE 2

FORMER DISTANCE EDUCATION CENTRE LAND

__________________

Sch. 2 (Heading) substituted by No. 70/2004 s. 13.Sch. 2 inserted by No. 57/2001 s. 66.



43

SCHEDULE 3

FORMER RAILWAY LAND

═══════════════

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



44

ENDNOTES

1. General InformationMinister's second reading speech—

Legislative Assembly: 10 November 1994

Legislative Council: 7 December 1994

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

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 10 November 1994


Absolute majorities:

Legislative Assembly: 6 December 1994


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

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

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

EndnotesPart 2—State Sport Centres Trust


45

2. Table of AmendmentsThis Version incorporates amendments made to the State Sport Centres Act 1994 by Acts and subordinate instruments.

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

Melbourne Sports and Aquatic Centre (Amendment) Act 1997, No. 68/1997Assent Date: 18.11.97Commencement Date: 18.11.97: s. 2Current State: All of Act in operation

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998Assent Date: 26.5.98Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)Current State: This information relates only to the provision/s

amending the State Sport Centres Act 1994

Melbourne Sports and Aquatic Centre (Amendment) Act 1999, No. 60/1999Assent Date: 21.12.99Commencement Date: Ss 4–18 on 3.2.00: Government Gazette 3.2.00 p. 169Current State: This information relates only to the provision/s


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

Assent Date: 8.5.01Commencement Date: S. 3(Sch. item 70) on 1.6.01: s. 2(2)Current State: This information relates only to the provision/s


Commonwealth Games Arrangements Act 2001, No. 57/2001Assent Date: 16.10.01Commencement Date: Ss 62–66 on 17.10.01: s. 2Current State: This information relates only to the provision/s


Major Events (Crowd Management) Act 2003, No. 19/2003Assent Date: 13.5.03Commencement Date: S. 32 on 1.7.03: s. 2(2)Current State: This information relates only to the provision/s


Gambling Regulation Act 2003, No. 114/2003Assent Date: 16.12.03Commencement Date: S. 12.1.3(Sch. 6 item 12) on 1.7.04: Government

Gazette 1.7.04 p. 1843Current State: This information relates only to the provision/s




46

State Sport Centres (Amendment) Act 2004, No. 70/2004Assent Date: 19.10.04Commencement Date: Ss 4–14 on 20.10.04: s. 2Current State: This information relates only to the provision/s


Public Administration Act 2004, No. 108/2004Assent Date: 21.12.04Commencement Date: S. 117(1)(Sch. 3 item 188) on 5.4.05: Government

Gazette 31.3.05 p. 602Current State: This information relates only to the provision/s


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

Assent Date: 10.10.06Commencement Date: S. 26(Sch. item 97) on 11.10.06: s. 2(1)Current State: This information relates only to the provision/s


Subordinate Legislation Amendment Act 2010, No. 78/2010Assent Date: 19.10.10Commencement Date: S. 24(Sch. 1 item 30) on 1.1.11: s. 2(1)Current State: This information relates only to the provision/s


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



47

3. Explanatory DetailsNo entries at date of publication.



48

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