Commonwealth Games Arrangements (Governance) Act 2003 (Vic)
Commonwealth Games Arrangements
(Governance) Act 2003
| ts | Act No. 64/2003 |
| n | |
| e | |
| m | |
| u | TABLE OF PROVISIONS |
| c |
| o | Section | Page |
| D | PART 1—PRELIMINARY | 1 |
| ry | 1. | Purposes | 1 |
| ta | 2. | Commencement | 2 |
| 3. | Principal Act | 2 | |
| n |
| e | PART 2—GOVERNANCE | 3 |
| m | 4. | Section 1 amended | 3 |
| ia | 5. | Definitions | 3 |
| rl | 6. | New section 4A inserted | 4 |
| a | 4A. | Extraterritorial operation | 4 |
| P | 7. | New Part 1A inserted | 4 |
| d | PART 1A—MELBOURNE 2006 COMMONWEALTH | ||
| GAMES CORPORATION | 4 | ||
| n | |||
| a | Division 1—Preliminary | 4 | |
| n | 4B. | Objective of Part | 4 |
| o |
| ti | Division 2—Melbourne 2006 Commonwealth Games | ||
| |||
| la |
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| is | established | 5 |
| g | 4D. | Corporation does not represent Crown | 6 |
| e | 4E. | Functions of Corporation | 6 |
| L | 4F. | Corporation to carry out functions in accordance with | |
| contractual arrangements and obligations | 7 | ||
| n | 4G. | Powers of Corporation | 7 |
| a | |||
| ri | 4H. | Delegation | 8 |
| 4I. | Borrowing and investment powers | 8 | |
| to | |||
| ic | |||
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Section Page
4M. Directions to Board 9 4N. Duties of directors of the Board 10 4O. Corporation or Minister may bring proceedings 11
| ts | 4P. | Corporation not to make loans to directors | 11 |
| 4Q. | Indemnity | 12 | |
| n | 4R. | Committees | 12 |
| e | 4S. | Immunity | 13 |
| m | 4T. | Chief executive officer | 13 |
| u | 4U. | Other staff | 14 |
| c | 4V. | Directors of M2006 transferred to Board | 14 |
| o | 8. | New Part 1B inserted | 15 |
| D | PART 1B—TRANSFERS | 15 | |
| ry | 4W. | Definitions | 15 |
| 4X. | Transfer of assets and liabilities from M2006 to | ||
| ta | Corporation | 17 | |
| n | 4Y. | Corporation becomes successor in law of M2006 on | |
| e | dissolution date | 17 | |
| 4Z. | Substitution of party to agreement | 18 | |
| m | 4ZA. | Former instruments | 18 |
| ia | 4ZB. | Interests in land | 18 |
| rl | 4ZC. | Amendment of Register | 19 |
| a | 4ZD. | Taxes | 19 |
| 4ZE. | Evidence | 19 | |
| P | 4ZF. | Validity of things done under this Part | 20 |
| d | 4ZG. | Transfer of staff | 21 |
| n | 4ZH. | Future terms and conditions of transferred employees | 22 |
| a | 9. | Schedule 2 inserted | 22 |
| n | SCHEDULE 2—Membership and Procedure of Board | 22 | |
| o | |||
| ti | 10. | Amendment of the Borrowing and Investment Powers Act | |
| 1987 | 30 | ||
| la |
| is | PART 3—COMMONWEALTH GAMES COMMERCIAL | |
| ||
| g |
| e | 11. | Definitions | 31 |
| L | 12. | New Part 5A inserted | 35 |
| n | PART 5A—COMMONWEALTH GAMES | ||
| a | COMMERCIAL ARRANGEMENTS | 35 | |
| ri | Division 1—Other Rights Not Affected | 35 | |
| to | 56A. | Part does not derogate from other rights | 35 |
| ic | |||
| V |
ii
Section Page Division 2—Authorising Use of Games Related Indicia or
Images and Other Indicia or Images 37 56D. Corporation may authorise use of Games related indicia
| ts | or images | 37 |
| n | 56E. | ACGA may authorise use of ACGA indicia or images | 37 |
| e | 56F. | CGF may authorise use of CGF indicia or images | 37 |
| 56G. | Minister may authorise non-commercial use of | ||
| m | Commonwealth Games references | 37 | |
| u | 56H. | Notification of authorisations by other entities | 38 |
| c | 56I. | What can an authorisation contain? | 38 |
| o | 56J. | Register of authorisations | 40 |
| D | 56K. | Use of Commonwealth Games references which do | |
| not need authorisation | 41 |
| ry | Division 3—Enforcement | 43 | ||
| ta | 56L. | Offence to engage in conduct that suggests sponsorship, | ||
| n |
| |||
| e | 56M. | Offence to use Games related indicia or images without | ||
| m |
| |||
| ia | 56N. | Offence to use ACGA indicia or images without | ||
| rl |
| |||
| 56O. | Offence to use CGF indicia or images without | |||
| a |
| |||
| P | 56P. |
| ||
| 56Q. |
| |||
| d | 56R. |
| ||
| n | 56S. |
| ||
| a | 56T. |
| ||
| n | 56U. |
| ||
| o | ||||
| ti | ||||
| 56V. | Seizure of goods and advertising material during goods | |||
| ||||
| la | 56W. | Seized goods or advertising material to be given to | ||
| ||||
| is | 56X. |
| ||
| g | 56Y. | Recovery of seized goods or advertising material and | ||
| e |
| |||
| L | 56Z. |
| ||
| 56ZA. |
| |||
| n | 56ZB. |
| ||
| a |
| ri | 13. | Section 57 substituted | 59 |
57. Regulations 59
| to | 14. | Expiry | 60 |
| ic | |||
| V |
iii
Section Page
15. Schedules 3 and 4 inserted 61 SCHEDULE 3—ACGA Logo and CGF Logo 61
| ts | SCHEDULE 4—Commonwealth Games Logos | 62 |
| n | ═══════════════ |
| e |
ENDNOTES 68
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| o | Victoria |
| D | |
| ry | |
| ta | |
| n | No. 64 of 2003 |
| e | |
| m | |
| ia | |
| rl | Commonwealth Games Arrangements |
| a | (Governance) Act 2003† |
| P |
[Assented to 30 September 2003]
d
n
a
n
o
| ti | The Parliament of Victoria enacts as follows: |
| la | |
| is | |
| g | PART 1—PRELIMINARY |
| e | |
| L | 1. Purposes |
| n | The main purposes of this Act are to amend the |
| a | |
| ri | Commonwealth Games Arrangements Act |
| 2001— | |
| to | (a) to establish the Melbourne 2006 |
| ic | Commonwealth Games Corporation and to |
| V | provide for its powers and functions; and |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 1—Preliminary
s. 2
(b)
to provide for various matters relating to commercial arrangements and the use of logos and insignia for the Commonwealth
| ts | Games and events and programs associated |
| n | with the Commonwealth Games. |
| e |
2. Commencement
m
| u | (1) Subject to sub-section (2), this Act comes into |
| c | operation on a day or days to be proclaimed. |
| o | |
| D | (2) If this Act does not come into operation before |
| ry | 1 July 2004, it comes into operation on that day. |
| ta | See: |
3. Principal Act
In this Act, the Commonwealth Games
| n | Act No. |
| e | 57/2001 | Arrangements Act 2001 is called the Principal |
| and | Act. | |
| m | amending | |
| ia | Act No. | |
| rl | 16/2003. | |
| LawToday: | ||
| a | ||
| dpc.vic. | ||
| P | gov.au |
| d | __________________ |
| n | |
| a | |
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| ti | |
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| e | |
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| n | |
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| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 4
PART 2—GOVERNANCE
| ts | 4. Section 1 amended |
| n | (1) In section 1(c) of the Principal Act, for "Games." |
| e | substitute "Games;". |
| m | |
| u | (2) After section 1(c) of the Principal Act insert— |
| c | "(d) to establish the Melbourne 2006 |
| o | Commonwealth Games Corporation and |
| D | provide for its powers and functions; |
| ry | (e) to provide for various matters relating to the |
| ta | organisation and conduct of the |
| n | Commonwealth Games and events and |
| e | programs associated with the |
| m | Commonwealth Games.". |
| ia | |
| rl | 5. Definitions |
| a | In section 3(1) of the Principal Act, insert the |
| P | following definitions— |
| d | ' "ACGA" means the Australian Commonwealth |
| n | Games Association Inc.; |
| a |
"ACGA director" means a director of the Board
| n | appointed pursuant to section 4J(2)(b); |
| o | |
| ti | "Board" means the board of directors of the |
| la | Melbourne 2006 Commonwealth Games |
| is | Corporation; |
| g | "CGF" means The Commonwealth Games |
| e | Federation; |
| L | |
| n | "CGF director" means a director of the Board |
| a | appointed pursuant to section 4J(2)(a); |
| ri | "chief executive officer" means the chief |
| to | executive officer of the Corporation |
| ic | employed under section 4T; |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 6
"Corporation" means the Melbourne 2006 Commonwealth Games Corporation
| ts | established under Part 1A; |
| n | "State director" means a director of the Board |
| e | appointed pursuant to section 4J(2)(c);'. |
| m | 6. New section 4A inserted |
| u | |
| c | After section 4 of the Principal Act insert— |
| o | "4A. Extraterritorial operation |
| D |
It is the intention of the Parliament that the
| ry | operation of this Act should, as far as the |
| ta | legislative power of the Parliament permits, |
| n | include operation in relation to acts, |
| e | transactions and matters done, entered into or |
| m | occurring outside Victoria, whether in or |
| ia | |
| rl | |
| outside Australia.". |
7. New Part 1A inserted
a
| P | After Part 1 of the Principal Act insert— |
| d | 'PART 1A—MELBOURNE 2006 |
| n | COMMONWEALTH GAMES CORPORATION |
| a | |
| n | Division 1—Preliminary |
| o | |
| ti | 4B. Objective of Part |
| la | |
| is | The objective of this Part is to establish the |
| g | Melbourne 2006 Commonwealth Games |
| e | Corporation to plan, organise and deliver the |
| L | Commonwealth Games, together with CGF |
| n | and ACGA, in a manner which— |
| a | |
| ri | (a) delivers a high quality sporting |
program for high performance athletes
| to | of the Commonwealth of Nations; and |
| ic | (b) enhances the reputation of the |
| V | Commonwealth Games as a major international sporting event; and |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 7
(c) promotes Melbourne, Victoria and
Australia; and
| ts | (d) | delivers social, economic and |
| n | environmental benefits to Victorians | |
| e | and Australians; and |
| m | (e) raises the profile of the Commonwealth |
| u | of Nations by celebrating its values and |
| c | its diversity of cultures; and |
| o | |
| D | (f) demonstrates a high standard of safety; |
| ry | and |
| ta | (g) demonstrates a high standard of |
financial responsibility, probity and
n
| e | transparency. |
| m | Division 2—Melbourne 2006 Commonwealth |
| ia | Games Corporation |
| rl | |
| a | 4C. Melbourne 2006 Commonwealth Games |
| P | Corporation established |
| d | (1) There is established the Melbourne 2006 |
| n | Commonwealth Games Corporation. |
| a |
(2) The Corporation—
n
o
| ti | (a) is a body corporate with perpetual |
succession; and
la
| is | (b) has an official seal; and |
| g | (c) may sue and be sued in its corporate |
| e | name; and |
| L | (d) may acquire, hold and dispose of real |
| n | and personal property; and |
| a | |
| ri | (e) may do and suffer all acts and things |
| to | that a body corporate may by law do |
| ic | and suffer. |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 7
(3) The official seal of the Corporation—
(a) must be kept as directed by the
| ts | Corporation; and |
| n | (b) must only be used as authorised by the |
| e | Corporation. |
| m | (4) All courts must take judicial notice of the |
| u | |
| c | official seal of the Corporation on a |
| o | document and, until the contrary is proved, |
| D | must presume that it was duly affixed. |
| ry | 4D. Corporation does not represent Crown |
| ta | The Corporation is a public authority but |
| n | does not represent the Crown. |
| e | 4E. Functions of Corporation |
| m | |
| ia | |
| rl |
The functions of the Corporation are—
(a) to negotiate, enter into and agree to
| a | vary agreements under which the |
| P | Commonwealth Games and events and |
| d | programs associated with the |
| n | Commonwealth Games are held; |
| a | (b) to undertake and facilitate the |
| n | organisation, conduct, management and |
| o | |
| ti | promotion of the Commonwealth |
| Games and events and programs | |
| la | associated with the Commonwealth |
| is | Games; |
| g | |
| e | (c) to do all other things necessary for or in |
| L | connection with the conduct and |
| n | financial and commercial management |
| a | of the Commonwealth Games and |
| ri | events and programs associated with |
| to | the Commonwealth Games; |
| ic | (d) | any other functions conferred on the |
| V | Corporation by or under this Act. |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 7
4F. Corporation to carry out functions in accordance with contractual
| ts | arrangements and obligations |
| n | In carrying out its functions, the Corporation |
| e | must do so— |
| m | (a) in accordance with any contractual |
| u | arrangements or obligations of the |
| c | Corporation under which the |
| o | Corporation is authorised to organise, |
| D | conduct and market the Commonwealth |
| ry | Games; and |
| ta | (b) in an efficient manner. |
| n | 4G. Powers of Corporation |
| e | |
| (1) The Corporation may do anything necessary | |
| m | |
| ia | or convenient for or in connection with, or |
| rl | incidental to, the performance of its |
| a | functions. |
| P | (2) Without limiting sub-section (1), the |
| d | Corporation may— |
| n | (a) enter into contracts, agreements, leases and licences; |
| a | |
| n | |
| o | (b) acquire or dispose of real or personal |
| ti | property; |
| la | (c) employ or engage staff or consultants; |
| is | (d) appoint agents and attorneys and act as |
| g | |
| e | agent; |
| L | (e) with the approval of the Minister, after |
| n | consultation with the Treasurer, form, |
| a | |
| ri | or participate in the formation of, a |
| body corporate, association, | |
| to | partnership, trust or other body or enter |
| ic | into a joint venture with another person |
| V | or other persons. |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 7
4H. Delegation
The Corporation, by instrument under its
| ts | official seal, may delegate to a director of the |
| n | Board, the chief executive officer, an officer |
| e | or an employee of the Corporation any |
| m | power of the Corporation, other than this |
| u | power of delegation. |
| c | 4I. Borrowing and investment powers |
| o | |
| D | The Corporation has the powers conferred on it by the Borrowing and Investment |
| ry | Powers Act 1987. |
| ta | |
| n | Division 3—Board of Directors of Corporation |
| e | |
| 4J. Membership of Board | |
| m | |
| ia | (1) There is to be a Board of the Corporation |
| rl | consisting of not less than 8 directors and not |
| a | more than 12 directors appointed by the |
| P | Governor in Council on the recommendation |
| d | of the Minister in accordance with sub- |
| n | section (4). |
| a | (2) Of the persons appointed as directors of the |
| n | Board— |
| o | |
| ti | (a) two directors of the Board are to be the |
| la | persons nominated to the Minister by |
| is | CGF; and |
| g | (b) not more than 4 directors of the Board |
| e | are to be the persons nominated to the |
| L | Minister by ACGA; and |
| n | (c) not more than 6 directors of the Board |
| a | |
| ri | are to be persons recommended by the |
| to | Minister after consultation with ACGA. |
| ic | (3) The number of State directors must be equal |
to the total number of ACGA directors and
| V | CGF directors. |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 7
(4) In making a recommendation to the Governor in Council under sub-section (1),
| ts | the Minister— |
| n | (a) in the case of a person nominated to the |
| e | Minister by CGF under sub-section |
| m | (2)(a), must recommend the |
| u | appointment of that person; and |
| c | (b) in the case of a person nominated to the |
| o | Minister by ACGA under sub-section |
| D | (2)(b), must recommend the |
| ry | appointment of that person. |
| ta | (5) Schedule 2 has effect with respect to the |
| n | membership and procedure of the Board. |
| e | 4K. Responsibilities of Board |
| m | |
| ia | |
| rl |
The Board—
(a) is responsible for the management of
| a | the affairs of the Corporation; and |
| P |
(b) may exercise the powers of the
| d | Corporation. |
| n | |
| a | 4L. Board to provide information to Minister |
| n | (1) The Minister may require the Board to give |
| o | |
| ti | the Minister such information as the Minister |
| la | reasonably requires. |
| is | (2) A requirement under sub-section (1) must be |
| g | in writing. |
| e | 4M. Directions to Board |
| L |
(1) The Minister, with the approval of the
n
| a | Treasurer, may from time to time give such |
| ri | directions to the Board as the Minister thinks |
| to | fit. |
| ic | (2) A direction under sub-section (1) must be by |
| V | written notice to the Board. |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 7
(3) The Board must comply with a direction given under this section.
| ts | (4) An act or decision of the Board is not invalid |
| n | merely because of a failure to comply with a |
| e | direction given under this section. |
| m | 4N. Duties of directors of the Board |
| u | |
| c | (1) A director of the Board must at all times act |
| o | honestly in the performance of the functions |
| D | of his or her office. |
| ry | (2) A director of the Board must at all times |
| ta | exercise a reasonable degree of care and |
| diligence in the performance of his or her | |
| n | |
| e | functions. |
(3) A director of the Board or former director of
m
| ia | the Board must not make improper use of |
| rl | information acquired by virtue of his or her |
| a | position as a director to gain, directly or |
| P | indirectly, an advantage for himself or herself or for any other person or to cause |
| d | |
| n | detriment to the Corporation. |
| a | (4) A director of the Board must not make |
| n | improper use of his or her position as a |
| o | director to gain, directly or indirectly, an |
| ti | advantage for himself or herself or for any |
| la | other person or to cause detriment to the |
| is | Corporation. |
| g | (5) This section has effect in addition to, and not |
| e | in derogation of, any Act or law relating to |
| L | the criminal or civil liability of a member of |
| n | the governing body of a corporation and does |
| a | |
| ri | not prevent the institution of any criminal or civil proceedings in respect of such a |
| to | liability. |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 7
4O. Corporation or Minister may bring
proceedings
| ts | (1) If a person contravenes section 4N in relation |
| n | to the Corporation, the Corporation or the |
| e | Minister, in the name of the Corporation, |
| m | may recover from the person as a debt due to |
| u | the Corporation by action in a court of |
| c | competent jurisdiction either or both of the |
| o | following— |
| D | (a) if that person or any other person made |
| ry | a profit as a result of the contravention, |
| ta | an amount equal to that profit; |
| n | (b) if the Corporation has suffered loss or |
| e | damage as a result of the contravention, |
| m | an amount equal to that loss or damage. |
| ia | (2) Despite sub-section (1), the Corporation or |
| rl | the Minister cannot recover under this |
| a | section if, by force of section 4S, a director |
| P | of the Board is not personally liable for a |
| d | contravention of section 4N. |
| n | |
| a | 4P. Corporation not to make loans to |
directors
n
| o | (1) The powers of the Corporation do not |
| ti | include a power, whether directly or |
| la | indirectly— |
| is | (a) to make a loan to a director of the |
| g | Board, a spouse of such a director or a |
| e | relative (as defined in the Corporations |
| L | Act) of such a director or spouse; or |
| n | |
| a | (b) to give a guarantee or provide security |
| ri | in connection with a loan made or to be |
| to | made by another person to a director of |
| ic | the Board, spouse or relative referred to in paragraph (a). |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 7
(2) Nothing in sub-section (1) prohibits the
Corporation entering into an agreement or arrangement with a person referred to in sub-
| ts | section (1) if similar agreements or |
| n | arrangements are entered into by the |
| e | Corporation with members of the public on |
| m | the same terms and conditions. |
| u | |
| c | 4Q. Indemnity |
| o | (1) The powers of the Corporation do not |
| D | include a power to exempt, whether directly |
| ry | or indirectly, a director of the Board from, or |
| ta | to indemnify a director of the Board against, any liability that by law would otherwise |
| n | |
| e | attach to the director in respect of a wilful breach of duty or a wilful breach of trust of |
| m | |
| ia | which the director may be guilty in relation |
| rl | to the Corporation. |
| a | (2) The powers of the Corporation do not |
| P | include a power to pay, or agree to pay, a |
| d | premium in respect of a contract of insurance |
| n | insuring a director of the Board against any |
| a | liability (other than one for legal costs) that |
| n | by law would otherwise attach to the director |
| o | in respect of a wilful breach of duty or a |
| ti | wilful breach of trust of which the director |
| la | may be guilty in relation to the Corporation. |
| is | 4R. Committees |
| g | (1) The Board must establish the following |
| e | |
| L | committees to assist it in performing its functions— |
| n | |
| a | (a) a Finance Committee; |
| ri | (b) a Risk Management and Audit |
| to | Committee; |
| ic | (c) a Sports and Technical Committee; |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 7
(d)
a Senior Appointments and Remuneration Committee.
| ts | (2) The Board may establish any other |
| n | committee as determined from time to time |
| e | to be required by the Board to assist it in |
| m | performing any of its functions. |
| u | (3) The membership and functions of any |
| c | committee established by the Board are to be |
| o | determined by the Board. |
| D |
(4) Except as otherwise determined by the
| ry | Board, the procedure of any committee |
| ta | established by the Board is to be determined |
| n | by the committee. |
| e | 4S. Immunity |
| m | |
| ia | (1) A director of the Board is not personally |
| rl | liable for anything necessarily or reasonably |
| a | done or omitted to be done in good faith— |
| P | (a) | in the exercise of a power or the |
| d | performance of a function or duty under | |
| n | this Act or the regulations; or | |
| a |
(b) in the reasonable belief that the act or
| n | omission was in the exercise of a power |
| o | |
| ti | or the performance of a function or |
| la | duty under this Act or the regulations. |
| is | (2) Any liability resulting from an act or |
| g | omission that, but for sub-section (1), would |
| e | attach to a director of the Board, attaches |
| L | instead to the Corporation. |
| n | 4T. Chief executive officer |
| a | |
| ri | (1) The Corporation may employ a person as the |
| to | chief executive officer of the Corporation. |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 7
(2) Subject to this Act, the chief executive
officer holds office for the period and on the
terms and conditions determined by the
| ts | Corporation. |
| n | |
| e | 4U. Other staff |
| m | (1) The Corporation may employ such officers |
| u | and employees as are necessary for the |
| c | performance of its functions. |
| o | |
| D | (2) The terms and conditions of employment are |
| ry | as determined by the Corporation. |
| ta | 4V. Directors of M2006 transferred to Board |
| n | (1) On the commencement of section 7 of the |
| e | Commonwealth Games Arrangements |
| m | (Governance) Act 2003, any person who |
| ia | was a director of M2006 immediately before |
| rl | that commencement— |
| a | (a) is deemed to be appointed to the Board |
| P | as a director of that Board appointed in |
| d | accordance with this Act; and |
| n | (b) in the case of a person who, before that commencement, was appointed as a |
| a | |
| n | director of M2006 by CGF, is deemed |
| o | |
| ti | to be appointed as a CGF director |
| la | pursuant to section 4J(2)(a); and |
| is | (c) | in the case of a person who, before that |
| g | commencement, was appointed as a | |
| e | director of M2006 by ACGA, is | |
| L | deemed to be appointed as an ACGA | |
| n | director pursuant to section 4J(2)(b); | |
| a | ||
| ri | ||
| and |
(d) in the case of a person who, before that
| to | commencement, was appointed as a |
| ic | director of M2006 by the Premier or the |
| V | Premier's nominee, is deemed to be |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 8
appointed as a State director pursuant to
section 4J(2)(c).
| ts | (2) On the commencement of section 7 of the |
| n | Commonwealth Games Arrangements |
| e | (Governance) Act 2003— |
| m | (a) the person who was the Chairperson of |
| u | M2006 immediately before that |
| c | commencement is deemed to be the |
| o | Chairperson of the Board appointed in |
| D | accordance with this Act; and |
| ry | (b) the person who was the Deputy |
| ta | Chairperson of M2006 immediately |
| n | before that commencement is deemed |
| e | to be the Deputy Chairperson of the |
| m | Board appointed in accordance with |
| ia | this Act. |
| rl | (3) In this section, "M2006" means Melbourne |
| a | 2006 Commonwealth Games Pty Ltd, |
| P | ACN 088 659 705.'. |
| d | 8. New Part 1B inserted |
| n | |
| a | Before Part 2 of the Principal Act insert— |
| n | |
| o | |
| ti |
'PART 1B—TRANSFERS
| la | 4W. Definitions |
| is | In this Part— |
| g | "dissolution date" means the date of the |
| e | |
| L | final winding up of M2006 under the Corporations Act or the date of the |
| n | |
| a | deregistration of M2006 under the |
| ri | Corporations Act (whichever first |
| to | occurs); |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 8
"former M2006 property" means property,
rights or liabilities of M2006 that, under this Part, have vested in, or
| ts | become liabilities of, the Corporation; |
| n | |
| e | "former M2006 instrument" means an |
| m | instrument (including a legislative |
| u | instrument other than this Act) or an |
| c | oral agreement subsisting immediately |
| o | before the relevant date— |
| D | (a) to which M2006 was a party; or |
| ry | (b) that was given to, or in favour of, |
| ta | M2006; or |
| n | (c) that refers to M2006; or |
| e | |
| (d) under which— | |
| m | |
| ia | (i) money is, or may become, |
| rl | payable to M2006; or |
| a | (ii) other property is to be, or |
| P |
may become liable to be,
| d | transferred to or by |
| n | |
| a | M2006— |
| n | but does not include a transfer |
| o | agreement; |
| ti | "M2006" means Melbourne 2006 |
| la | Commonwealth Games Pty Ltd, |
| is | ACN 088 659 705; |
| g | |
| e | "relevant date" means the date that |
| L | section 8 of the Commonwealth |
| n | Games Arrangements (Governance) |
| a | Act 2003 comes into operation; |
| ri | "transfer agreement" means an agreement |
| to | entered into, whether before or after the |
| ic | relevant date, for the purpose of |
| V | transferring, confirming or further assuring the transfer of property, rights, |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 8
assets or liabilities of M2006 to the
Corporation which are not able to be
| ts | transferred by virtue of this Part. |
| n | 4X. Transfer of assets and liabilities from |
| e | M2006 to Corporation |
| m | (1) On the relevant date— |
| u | |
| c | (a) all property, rights and assets of M2006 |
| o | are by virtue of this Part vested in the |
| D | Corporation; and |
| ry | (b) | all liabilities of M2006 are by virtue of |
| ta | this Part liabilities of the Corporation. |
| n | (2) Without limiting the generality of sub- |
| e | section (1), where, immediately before the |
| m | relevant date— |
| ia | (a) M2006 was acting in any capacity, the |
| rl | Corporation may, from the relevant |
| a | date, act in that capacity; |
| P |
(b) proceedings to which M2006 was a
| d | party were pending or existing in any |
| n | |
| a | court or tribunal, from the relevant date, the Corporation is substituted for |
| n | M2006 as a party to the proceedings |
| o | |
| ti | and has the same rights in the |
| la | proceedings as M2006 had. |
| is | 4Y. Corporation becomes successor in law of |
| g | M2006 on dissolution date |
| e | On the dissolution date— |
| L |
(a) the Corporation is the successor in law
n
of M2006; and
a
ri
(b) any outstanding or residual property,
| to | rights, assets or liabilities of M2006 |
| ic | existing at the dissolution date are |
| V | vested in the Corporation by virtue of this section. |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 8
4Z. Substitution of party to agreement
(1) Subject to sub-section (2), where the rights
| ts | and liabilities of M2006 under an agreement |
| n | are transferred to the Corporation by virtue |
| e | of this Part— |
| m | (a) the Corporation becomes, on the |
| u | relevant date, a party to the agreement |
| c | in place of M2006; and |
| o | |
| D | (b) on and after the relevant date, the agreement has effect as if the |
| ry | Corporation had always been a party to |
| ta | the agreement. |
| n | (2) Sub-section (1) does not apply to a transfer |
| e | agreement. |
| m | |
| ia | 4ZA. Former instruments |
| rl | Each former M2006 instrument relating to |
| a | former M2006 property continues to have |
| P | effect according to its tenor on and after the |
| d | relevant date in relation to that property as if |
| n | a reference in the instrument to M2006 were |
| a | a reference to the Corporation. |
| n | 4ZB. Interests in land |
| o | |
| ti | Without prejudice to the generality of this |
| la | Part and despite anything to the contrary in |
| is | any other Act or law if, immediately before |
| g | the relevant date, M2006 is, in relation to |
| e | former M2006 property, the registered |
| L | proprietor of an interest in land under the |
| n | Transfer of Land Act 1958, then on and |
| a | |
| ri | |
| after that date— |
(a) the Corporation is to be taken to be the
| to | registered proprietor of that interest in |
| ic | land; and |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 8
(b)
the Corporation has the same rights and remedies in respect of that interest as
| ts | M2006 had. |
| n | 4ZC. Amendment of Register |
| e | The Registrar of Titles, on being requested to |
| m | do so and on delivery of any relevant |
| u | certificate of title or instrument, must make |
| c | any amendments in the Register that are |
| o | necessary because of the operation of this |
| D | Part. |
| ry | 4ZD. Taxes |
| ta | No stamp duty or other tax is chargeable |
| n | under any Act in respect of anything effected |
| e | by or done under this Part or in respect of |
| m | any act or transaction connected with or |
| ia | necessary to be done by reason of this Part, |
| rl | including a transaction entered into or an |
| a | instrument made, executed, lodged or given, |
| P | for the purpose of, or connected with the |
| d | transfer of property, rights or liabilities of |
| n | M2006 to the Corporation. |
| a |
4ZE. Evidence
n
| o | (1) Documentary or other evidence that would |
| ti | have been admissible for or against the |
| la | interests of M2006 in relation to former |
| is | M2006 property if this Part had not been |
| g | enacted is admissible for or against the |
| e | interests of the Corporation. |
| L | (2) Division 3A of Part III of the Evidence Act |
| n | 1958 continues to apply with respect to the |
| a | |
| ri | books of account of M2006 and to entries made in those books of account before the |
| to | relevant date, whether or not they relate to |
| ic | former M2006 property. |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 8
4ZF. Validity of things done under this Part
Nothing effected or to be effected by this
| ts | Part or done or suffered under this Part— |
| n | (a) is to be regarded as placing any person |
| e | in breach of contract or confidence or |
| m | as otherwise making any person guilty |
| u | of a civil wrong; or |
| c | |
| o | (b) is to be regarded as placing any person |
| D | in breach of, or as constituting a default under, any Act or other law or |
| ry | obligation or any provision in any |
| ta | agreement, arrangement or |
| n | understanding including, but not |
| e | limited to, any provision or obligation |
| m | prohibiting, restricting or regulating the |
| ia | assignment, transfer, sale or disposal of |
| rl | any property or the disclosure of any |
| a | information; or |
| P | (c) is to be regarded as fulfilling any |
| d | condition that allows a person to |
| n | exercise a power, right or remedy in |
| a | respect of or to terminate any |
| n | agreement or obligation; or |
| o |
| ti | (d) | is to be regarded as giving rise to any |
| la | remedy for a party to a contract or an | |
| instrument or as causing or permitting | ||
| is | the termination of any contract or | |
| g | ||
| e | instrument because of a change in the | |
| L | beneficial or legal ownership of any asset, right or liability; or | |
| n |
| a | (e) is to be regarded as causing any |
| ri | contract or instrument to be void or |
| to | otherwise unenforceable; or |
| ic | (f) is to be regarded as frustrating any |
| V | contract; or |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 8
(g)
releases any surety or other obligor wholly or in part from any obligation.
| ts | 4ZG. Transfer of staff |
| n | (1) A person who is the chief executive officer |
| e | of M2006 (by whatever title called) or an |
| m | officer or employee of M2006 immediately |
| u | before the relevant date is to be regarded, on |
| c | and from that date— |
| o | |
| D | (a) as being employed by the Corporation |
| ry | with effect from the relevant date; and |
| ta | (b) as being employed on the same terms |
and conditions as those that applied to
| n | the person, immediately before the |
| e | relevant date, as the chief executive |
| m | officer or an officer or employee of |
| ia | |
| rl | M2006 (as the case requires); and |
| a | (c) as having accrued an entitlement to |
| P | benefits, in connection with that employment by the Corporation, that is |
| d | |
| n | equivalent to the entitlement that the |
| a | person had accrued, as the chief executive officer or an officer or |
| n | |
| o | employee of M2006, immediately |
| ti | before the relevant date. |
| la | (2) The service of the chief executive officer of |
| is | M2006 or an officer or employee of M2006 |
| g | transferred by virtue of this Part as the chief |
| e | executive officer or an officer or employee |
| L | of the Corporation is to be regarded for all |
| n | purposes as having been continuous with the |
| a | service of that person, immediately before |
| ri | the relevant date, as the chief executive |
| to | officer or an officer or employee of M2006 |
| ic | (as the case requires). |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 9
(3) A person transferred by virtue of this Part is not entitled to receive any payment or other benefit by reason only of having ceased to be
| ts | the chief executive officer or an officer or |
| n | employee of M2006 because of this Part. |
| e |
4ZH. Future terms and conditions of
m
| u | transferred employees |
| c | Nothing in section 4ZG prevents— |
| o | |
| D | (a) any of the terms and conditions of employment of a person transferred by |
| ry | virtue of this Part from being altered by |
| ta | or under any law, award or agreement |
| n | with effect from any time after the |
| e | relevant date; or |
| m | (b) a person transferred by virtue of this |
| ia | Part from resigning or being dismissed |
| rl | at any time after the relevant date in |
| a | accordance with the then existing terms |
| P | and conditions of his or her |
| d | employment by the Corporation.'. |
| n | |
| a | 9. Schedule 2 inserted |
| n | After Schedule 1 to the Principal Act insert— |
| o | |
| ti | 'SCHEDULE 2 |
| la | |
| is | MEMBERSHIP AND PROCEDURE OF BOARD |
| g | 1. | Terms of appointment of directors of the Board |
| e |
| L | (1) A director of the Board holds office for the period specified in his or her instrument of |
| n | appointment. |
| a | |
| ri | (2) A director of the Board is eligible for re- |
| to | appointment. |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 9
(4) The Public Sector Management and
Employment Act 1998 does not apply to a director of the Board in respect of the office of
| ts | director. |
| n | 2. Chairperson of Board |
| e | (1) | The Chairperson of the Board is a State director |
| m | selected from time to time as the Chairperson | |
| u | by the Board. |
| c | (2) A person selected as Chairperson ceases to hold |
| o | that office on ceasing to be a director of the |
| D | Board. |
| ry | 3. Deputy Chairperson |
| ta | (1) The Deputy Chairperson of the Board is— |
| n | (a) the President of ACGA, if the President |
| e | of ACGA is a director of the Board; or |
| m | (b) | if the President of ACGA is not a director |
| ia | of the Board, an ACGA director selected | |
| rl | from time to time as Deputy Chairperson by a majority of ACGA directors. | |
| a |
| P | (2) The Deputy Chairperson ceases to hold that |
office on ceasing to be a director of the Board.
| d | 4. Appointment of alternate directors |
| n | |
| a | (1) ACGA, by instrument, may nominate a person |
| n | as an alternate ACGA director and the Minister, |
| o | by instrument, must appoint that person as an |
| ti | alternate ACGA director. |
| la | (2) CGF, by instrument, may nominate a person as an alternate CGF director and the Minister, by |
| is | instrument, must appoint that person as an |
| g | alternate CGF director. |
| e | (3) The Minister, after consultation with ACGA, by |
| L | instrument may appoint a person as an alternate |
| n | State director. |
| a | |
| ri | (4) An alternate director may, but need not, be a director of the Board in his or her own right. |
| to | |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 9
(6) An appointment of an alternate director is—
(a) for the period specified in his or her
| ts | instrument of appointment; and |
(b) subject to any other terms and conditions,
| n | not inconsistent with this Act, that are |
| e | specified in his or her instrument of |
| m | appointment. |
| u | (7) An alternate director is eligible for re- |
| c | appointment. |
| o |
(8) The office of an alternate director is vacated if
| D | and when the director of the Board that the |
| ry | alternate director represents vacates office as a director of the Board. |
| ta | (9) Subject to sub-clause (10), the Minister may |
| n | terminate the appointment of an alternate |
| e | director at any time even though the period of |
| m | the appointment of the alternate director has not |
| ia | |
| rl | |
| expired. |
(10) The Minister must not terminate the
| a | appointment of an alternate CGF director or an |
| P | alternate ACGA director without— |
(a) in the case of an alternate CGF director, a
| d | written request to the Minister from CGF |
| n | to terminate the appointment of that |
| a | alternate director; and |
| n | (b) in the case of an alternate ACGA |
| o | |
| ti | director, a written request to the Minister from ACGA to terminate the |
| la | appointment of that alternate director. |
| is | 5. Powers of alternate directors |
| g | (1) | If a director of the Board is absent from duty or, |
| e | for any reason, is unable to attend a meeting of | |
| L | the Board or perform any other duty of the | |
| n | office of director, his or her alternate— | |
| a | ||
| ri | (a) | may act in the place of the director; and |
| to | (b) | while so acting, has all the powers, and |
| may perform all the functions and duties, | ||
| ic | ||
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 9
(2) An alternate director who is also a director of
the Board in his or her own right is entitled to a separate vote for each director of the Board that
| ts | the alternate director represents in addition to any vote the alternate director may have as a |
| n | director of the Board in his or her own right. |
| e |
(3) An alternate director, while acting as a director
| m | of the Board, is responsible to the Corporation |
| u | for his or her own acts and defaults and is not to |
| c | be taken to be the agent of the director of the |
| o | Board for whom he or she is the alternate |
| D | director. |
| ry | 6. Resignation and removal of directors of Board |
| ta | (1) | A director of the Board may resign the office of director by writing signed by the director and |
| n | addressed to the Governor in Council. | |
| e |
(2) Subject to sub-clause (3), the Governor in
| m | Council, on the recommendation of the |
| ia | Minister, may at any time remove a director of |
| rl | the Board from office. |
| a | (3) The Minister must not recommend the removal |
| P | of a CGF director or an ACGA director from |
| d | the Board without— |
| n | (a) | in the case of a CGF director, a written |
| a | request to the Minister from CGF to remove that director; and | |
| n |
| o | (b) in the case of an ACGA director, a |
| ti | written request to the Minister from |
| la | ACGA to remove that director. |
| is | 7. Vacancies in membership of Board |
| g | (1) A director's office becomes vacant— |
| e | (a) | on the expiry of his or her term of office; |
| L | or | |
| n | (b) | if he or she resigns from office; or |
| a | ||
| ri | (c) | if he or she is removed from office; or |
| to | (d) | if he or she is convicted of an indictable |
| ic | ||
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 9
(e)
if he or she becomes an insolvent under administration within the meaning of the Corporations Act; or
| ts | (f) if he or she, without the Board's |
| n | approval, fails to attend 3 consecutive |
| e | meetings of the Board. |
| m | (2) | If a director of the Board resigns, is removed |
| u | from office or his or her office otherwise | |
| c | becomes vacant, the Governor in Council, in | |
| o | accordance with this Act, may fill the vacant | |
| D | office. |
| ry | 8. Validity of decisions of Board |
(1) An act or decision of the Board is not invalid
| ta | merely because of— |
| n | (a) a defect or irregularity in, or in |
| e | connection with, the appointment of a |
| m | director of the Board or an alternate |
| ia | |
| rl | |
| director; or |
(b) a vacancy in the membership of the
| a | Board, including a vacancy arising from the failure to appoint an original director |
| P | of the Board. |
| d | (2) Anything done by or in relation to a person |
| n | purporting to act as Chairperson, Deputy |
| a | Chairperson, a director of the Board or an |
| n | alternate director is not invalid merely |
| o | because— |
| ti | (a) the occasion for the appointment had not |
| la | arisen; or |
| is | (b) | there was a defect or irregularity in, or in |
| g | connection with, the appointment; or |
| e | (c) the appointment had ceased to have |
| L | effect; or |
| n | (d) the occasion for an alternate director |
| a | |
| ri | acting in the place of a director of the Board had not arisen or had ceased. |
| to | |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 9
9. Presiding at meetings of Board
The person who is to preside at a meeting of the
| ts | Board is— |
(a) the Chairperson, if he or she is present;
| n | or |
| e |
(b) in the absence of the Chairperson, the
| m | Deputy Chairperson, if he or she is |
| u | present; or |
| c | |
| o | (c) in the absence of both the Chairperson and the Deputy Chairperson, a State |
| D | director elected to preside by the |
| ry | directors of the Board present at the meeting. |
| ta | 10. Quorum |
| n | |
| e | A quorum of the Board is constituted by half of the directors of the Board for the time being |
| m | and must include at least one ACGA director, |
| ia | one CGF director and 2 State directors. |
| rl | 11. Proceedings of Board |
| a | |
| P | (1) Subject to sub-clauses (2) and (3), meetings of |
the Board are to be held at the times and places
| d | that the Chairperson determines. | ||
| n | (2) A meeting of the Board may be convened at | ||
| a | any time— | ||
| n | (a) by the Chairperson; or | ||
| o | |||
| ti |
|
| la | (3) | There must be at least 4 meetings of the Board |
| is | each year. |
| g | (4) The Board may permit its directors to | ||
| e | participate in a particular meeting by— | ||
| L | (a) telephone; or | ||
| n | (b) closed-circuit television; or | ||
| a | |||
| ri |
| ||
| to | instantaneous communication. | ||
| ic | |||
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 9
(6) A question arising at a meeting must be
determined by a majority of votes of directors
of the Board present and voting on that question
| ts | and, if the voting is equal, the person presiding has a casting vote as well as a deliberative vote. |
| n | |
| e | (7) The person presiding must ensure that minutes are kept of each of the Board's meetings. |
| m | |
| u | (8) Subject to this Act, the Board may regulate its |
| c | own proceedings. |
| o | 12. Resolutions without meetings |
| D | (1) | If the directors of the Board for the time being |
| ry | sign a document containing a statement that they are in favour of a resolution in the terms | |
| ta | set out in the document, a resolution in those | |
| n | terms is deemed to have been passed at a | |
| e | meeting of the Board held on the day on which the document is signed or, if the directors do | |
| m | not sign it on the same day, on the day on | |
| ia | which the last director to sign signs the | |
| rl | document. |
| a | (2) If a resolution is, under sub-clause (1), deemed to have been passed at a meeting of the Board, each director of the Board must be advised as |
| P | |
| d | soon as practicable and given a copy of the |
| n | |
| a | terms of the resolution. |
(3) For the purposes of sub-clause (1), 2 or more
| n | separate documents containing a statement in |
| o | |
| ti | identical terms, each of which is signed by one or more directors of the Board, are deemed to |
| la | constitute one document. |
| is | (4) In sub-clause (1), "director", in relation to a |
| g | resolution, does not include— |
| e | (a) | a director who, because of clause 13, is |
| L | not permitted to take part in the making | |
| n | of the resolution; or | |
| a | ||
| ri | (b) | a director who is on leave of absence approved by the Board; or |
| to | (c) a director who otherwise disqualifies |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 9
not entitled at law to do so or has a
conflict of interest; or
(d) any director who the directors of the
| ts | Board reasonably believe is not entitled |
| n | at law to consider or vote on the |
| e | resolution in question. |
| m | 13. | Disclosure of interests of directors of the Board |
| u | (1) | A director of the Board who has a direct or |
| c | indirect pecuniary interest in a contract or other | |
| o | matter being dealt with by the Board must | |
| D | disclose the nature of that interest at a meeting of the Board as soon as possible after becoming | |
| ry | aware of the interest. | |
| ta | (2) | A director of the Board who holds an office or |
| n | possesses property as a result of which, directly | |
| e | or indirectly, duties or interests may be created in conflict with the director's duties as a | |
| m | director, must disclose that fact at a meeting of | |
| ia | the Board as soon as possible after becoming | |
| rl | aware of the potential conflict. |
| a | (3) The person presiding at a meeting at which a |
| P | disclosure under this clause is made must cause that disclosure to be recorded in the minutes of |
| d | the meeting. |
| n | |
| a | (4) Subject to sub-clauses (6) and (7), a person who has made a disclosure under this clause must |
| n | not take any further part in the discussion of or |
| o | |
| ti | vote on the contract or other matter to which the disclosure relates. |
| la | (5) Subject to sub-clauses (6) and (7), if a director |
| is | of the Board votes on a matter in contravention |
| g | of sub-clause (4), his or her vote must be |
| e | disallowed. |
| L | (6) Sub-clauses (4) and (5) do not apply in relation |
| n | to a matter relating to the supply of goods or |
| a | services to a director of the Board if the goods |
| ri | or services are, or are to be, available to |
| to | members of the public on the same terms and |
| conditions. | |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 2—Governance
s. 10
ACGA or CGF if the interest of the director of
the Board is only because that director is anACGA director or a CGF director.
| ts | 14. | Director of Board may act in interests of |
| n | appointing body |
| e | (1) Despite clause 13, an ACGA director or an |
| m | alternate ACGA director may have regard to |
| u | and may act in accordance with the interests of |
| c | ACGA provided that in doing so, the director |
| o | does not act in a manner contrary to the |
| D | interests of the Corporation. |
(2) Despite clause 13, a CGF director or an
| ry | alternate CGF director may have regard to and |
| ta | may act in accordance with the interests of CGF provided that in doing so, the director does not |
| n | act in a manner contrary to the interests of the |
| e | Corporation. |
| m | (3) Despite clause 13, a State director or an |
| ia | alternate State director may have regard to and |
| rl | may act in accordance with the interests of the |
| a | State provided that in doing so, the director does not act in a manner contrary to the |
| P | interests of the Corporation.'. |
| d | |
| n | 10. Amendment of the Borrowing and Investment |
| a | Powers Act 1987 |
| n | After item 6A in Schedule 1 to the Borrowing |
| o | |
| ti | and Investment Powers Act 1987 insert— |
| la | " |
| is | 6B. | Melbourne 2006 | 5, 8, 10, 11, |
| Commonwealth | 11AA, 11AB, | ||
| g | Games Corporation | 12, 14, 14A, 15, | |
| e | 20, 20A and 21. | ||
| L |
".
n
a
| ri | __________________ |
| to | |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 11
PART 3—COMMONWEALTH GAMES COMMERCIAL
ARRANGEMENTS
ts
| n | 11. Definitions |
| e | In section 3(1) of the Principal Act, insert the |
| m | following definitions— |
| u | |
| c | ' "ACGA indicia or images" means— |
| o | (a) the name "Australian Commonwealth |
| D | Games Association"; |
| ry | (b) the ACGA logo, the general design of |
| ta | which is set out in Part 1 of Schedule 3; |
| n | "Australian Commonwealth Games Team" |
| e | means the athletes and officials selected by |
| m | ACGA to represent Australia in the |
| ia | Commonwealth Games and who are |
| rl | accredited by CGF as participants in the |
| a | Commonwealth Games; |
| P |
"CGF indicia or images" means—
d
| n | (a) the name "The Commonwealth Games |
| a | Federation"; |
| n | (b) the CGF logo, the general design of |
| o | |
| ti | which is set out in Part 2 of Schedule 3; |
| la | "Commonwealth Games logo" means— |
| is | (a) a Commonwealth Games logo or any |
| g | part of a Commonwealth Games logo, |
| e | the general design of which is set out in |
| L | Schedule 4; |
| n | |
| a | (b) any other logo that is prescribed to be a |
| ri | Commonwealth Games logo or any part |
| to | of such a logo; |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 11
"Commonwealth Games reference" means—
(a) any of the following words, expressions
| ts | or figures— |
| n | (i) "Melbourne 2006 Commonwealth |
| e | Games"; |
| m | (ii) "Melbourne 2006 Games"; |
| u | |
| c | (iii) "Melbourne Games"; |
| o | |
| D | (iv) "Melbourne Commonwealth |
| ry | Games"; |
(v) "Melbourne2006";
| ta | (vi) "M2006"; |
| n | |
| e | (vii) "M06"; |
| m | (viii) "Australian Commonwealth |
| ia | |
| rl | Games"; |
| a | (ix) "Commonwealth Games"; |
| P | (x) "the Friendly Games"; |
| d | (xi) any other combination of the |
| n | |
| a | words "Commonwealth Games" or "Games" and the numbers |
| n | "2006", "18th" or "XVIIIth"; |
| o | |
| ti | (xii) "Australian Commonwealth |
| la | Games Team"; |
| is | (xiii) "Commonwealth Games Cultural |
| g | Program"; |
| e |
| L | (xiv) | "Melbourne 2006 Cultural |
| n | Program"; (xv) "M06 Cultural Program"; |
| a | |
| ri | |
| to | (xvi) "Queen's Baton Relay"; |
| ic | (xvii) "bronze", "silver" or "gold"; |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 11
(b)
any words, expressions or figures that are prescribed to be Commonwealth
| ts | Games references; |
Note: It may be an offence under this Act to use
| n | these terms in the circumstances set out in |
| e | sections 56L, 56M, 56N and 56O. |
| m | |
| u | "Games related indicia or images" means— |
| c | (a) a Commonwealth Games logo; |
| o | |
| D | (b) an insignia that is prescribed to be a Commonwealth Games insignia or any |
| ry | part of such an insignia; |
| ta | (c) a mascot that is prescribed to be a |
| n | Commonwealth Games mascot or any |
| e | part of such a mascot; |
| m | |
| ia | (d) a pictogram that is prescribed to be a |
| rl | Commonwealth Games pictogram or |
| a | any part of such a pictogram; |
| P | (e) | any other indicia or image that refers to |
| d | or represents the Commonwealth | |
| n | Games and that is prescribed to be a | |
| a | Commonwealth Games indicia or | |
| n | image or any part of such an indicia or | |
| o | ||
| ti | image; |
(f) a Commonwealth Games reference;
la
| is | "goods seizure period" means the period |
| g | commencing on 1 January 2006 and ending |
| e | on 31 March 2006; |
| L | "Office of Commonwealth Games |
| n | Coordination" means staff of the |
| a | |
| ri | Department for Victorian Communities |
| engaged in the administration of this Act; | |
| to | |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 11
"person", in Part 5A, includes a body or association (corporate or unincorporated)
| ts | and a partnership; | ||
| n | "seized goods or advertising material" means | ||
| e | goods or advertising material seized under | ||
| m | section 56V; | ||
| u | "sponsorship-like arrangement" means— | ||
| c | |||
| o | (a) a right to associate a person or a | ||
| D | person's goods or services with— | ||
| ry | (i) the Corporation; or | ||
| ta |
| ||
| n | Games Team; or | ||
| e | (iii) ACGA; or | ||
| m | |||
| ia | |||
| rl | |||
| (iv) CGF; or | |||
| (v) the Commonwealth Games or any | |||
| a | event or program associated with | ||
| P | the Commonwealth Games; or | ||
| d | (b) an affiliation or association (whether | ||
| n | commercial or non-commercial) with— | ||
| a |
(i) the Corporation; or
n
o
| ti | (ii) the Australian Commonwealth |
Games Team; or
la
| is | (iii) ACGA; or |
| g | (iv) CGF; or |
| e | (v) the Commonwealth Games or any |
| L | event or program associated with |
| n | the Commonwealth Games;'. |
| a | |
| ri | |
| to | |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 12
12. New Part 5A inserted
After Part 5 of the Principal Act insert—
| ts | 'PART 5A—COMMONWEALTH GAMES |
| n | |
| e | COMMERCIAL ARRANGEMENTS |
| m | |
| u | Division 1—Other Rights Not Affected |
| c | |
| o | 56A. Part does not derogate from other rights |
| D | Nothing in this Part derogates from any |
| ry | rights subsisting in or any remedy available |
| ta | to any person under any other law or any |
| contract or agreement in relation to— | |
| n | |
| e | (a) Games related indicia or images; or |
| m | (b) ACGA indicia or images; or |
| ia | |
| rl | (c) CGF indicia or images; or |
| a | (d) any other indicia or images. |
| P | Note: Other laws which may give rights or provide |
| d | remedies include the Copyright Act 1968, the |
| n | Trade Marks Act 1995, the Designs Act 1906 |
| a | and the Trade Practices Act 1974 of the Commonwealth and the Fair Trading Act |
| n | 1999. |
| o | |
| ti | 56B. Part does not affect rights relating to use |
| la | of business or company names |
| is | Nothing in this Part affects any rights |
| g | conferred on any person prior to the |
| e | commencement of section 12 of the |
| L | Commonwealth Games Arrangements |
| n | (Governance) Act 2003 in relation to— |
| a |
| ri | (a) | a name that is registered in relation to a |
| to | business under the Business Names | |
| Act 1962 or a corresponding law of | ||
| ic | another State or Territory of the | |
| V | Commonwealth prior to that commencement; or |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 12
(b)
a registered name of a company incorporated under the Corporations
| ts | Act prior to that commencement. |
| n | 56C. Part does not affect rights in respect of |
| e | passing off |
| m | (1) Nothing in this Part affects the use of any |
| u | indicia or images by a person on or after the |
| c | commencement of section 12 of the |
| o | Commonwealth Games Arrangements |
| D | (Governance) Act 2003 if, immediately |
| ry | before that commencement, the person |
| ta | would have been entitled to prevent another |
| person from passing off by means of the use | |
| n | |
| e | of the indicia or images or of similar indicia or images, goods, services or a business as |
| m | |
| ia | the goods, services or business of the first- |
| rl | mentioned person. |
| a | (2) In an action or proceedings in respect of |
| P | passing off brought against the Corporation, |
| d | ACGA, CGF or a person authorised to use |
| n | Games related indicia or images arising out |
| a | of the use of indicia or images referred to in |
| n | sub-section (1), it is a defence if the |
| o | Corporation, ACGA, CGF or the person |
| ti | authorised to use Games related indicia or |
| la | images (as the case requires) satisfies the |
| is | court that at the time of the use, the Corporation, ACGA, CGF or the person |
| g | |
| e | authorised to use Games related indicia or |
| L | images (as the case requires) was not aware that the person bringing the action or |
| n | |
| a | proceedings was entitled to prevent the |
| ri | passing off. |
| to | |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 12
Division 2—Authorising Use of Games Related Indicia or Images and Other Indicia or Images
| ts | 56D. Corporation may authorise use of Games |
| n | related indicia or images |
| e |
(1) For the purposes of this Part, the Corporation
m
| u | may authorise a person to use Games related |
| c | indicia or images. |
| o | (2) An authorisation under this section must be |
| D | in writing. |
| ry | 56E. ACGA may authorise use of ACGA |
| ta | indicia or images |
| n | (1) For the purposes of this Part, ACGA may |
| e | authorise a person to use ACGA indicia or |
| m | images. |
| ia | |
| rl | (2) An authorisation under this section must be |
| a | in writing. |
| P | 56F. CGF may authorise use of CGF indicia or |
| d | images |
| n | (1) For the purposes of this Part, CGF may |
| a | authorise a person to use CGF indicia or |
| n | images. |
| o | |
| ti | (2) An authorisation under this section must be |
| la | in writing. |
| is | 56G. Minister may authorise non-commercial |
| g | use of Commonwealth Games references |
| e | |
| L | (1) For the purposes of this Part, the Minister may authorise a person to use any |
| n | |
| a | Commonwealth Games reference for non- |
| ri | commercial purposes. |
| to | |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 12
(2) The Minister must not authorise a person
under sub-section (1) unless the Minister has
first consulted with the Corporation and
| ts | ACGA. |
| n | |
| e | (3) An authorisation under this section must be |
| m | in writing. |
| u | 56H. Notification of authorisations by other |
| c | entities |
| o | |
| D | (1) If ACGA authorises a person to use any ACGA indicia or images under section 56E, |
| ry | ACGA must cause the Corporation to be |
| ta | notified of that authorisation. |
| n | (2) If CGF authorises a person to use any CGF |
| e | indicia or images under section 56F, CGF |
| m | must cause the Corporation to be notified of |
| ia | |
| rl | that authorisation. |
| a | (3) If the Minister authorises a person to use any |
| P | Commonwealth Games reference under section 56G, the Minister must cause the |
| d | |
| n | Corporation, ACGA and CGF to be notified |
| a | of that authorisation. |
| n | 56I. What can an authorisation contain? |
| o | |
| ti | (1) An authorisation under section 56D, 56E, |
| la | 56F or 56G is subject to any terms and |
| conditions which the Corporation, ACGA, | |
| is | CGF or the Minister (as the case requires) |
| g | believes are reasonable to impose, including, |
| e | |
| L | but not limited to— |
(a) the duration of the authorisation;
n
a
| ri | (b) whether the authorisation applies |
generally or in specified circumstances;
to
ic
V
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 12
(c)
whether the authorisation authorises the use of—
| ts | (i) | in the case of an authorisation by |
| n | the Corporation under section | |
| e | 56D, all Games related indicia or | |
| m | images or specified kinds of | |
| u | Games related indicia or images; | |
| c | or |
| o | (ii) in the case of an authorisation by |
| D | ACGA under section 56E, all |
| ry | ACGA indicia or images or |
| ta | specified kinds of ACGA indicia |
| or images; or | |
| n |
| e | (iii) | in the case of an authorisation by |
| m | CGF under section 56F, all CGF | |
| ia | indicia or images or specified | |
| rl | kinds of CGF indicia or images; | |
| a | or |
| P | (iv) in the case of an authorisation by |
| d | the Minister under section 56G, all |
| n | Commonwealth Games references |
| a | or specified kinds of |
| n | Commonwealth Games |
| o | |
| ti | references. |
| la | (2) An authorisation under section 56D, 56E, |
| is | 56F or 56G expires at the earlier of— |
| g | (a) the expiration date specified in the |
| e | authorisation; or |
| L | (b) in the case of an authorisation by the |
| n | Corporation under section 56D or an |
| a | |
| ri | authorisation by the Minister under |
| to | section 56G, 30 June 2006; or |
| ic | (c) in any other case, 31 December 2006. |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 12
56J. Register of authorisations
(1) The Corporation must—
| ts | (a) maintain a register of authorisations |
| n | given under sections 56D, 56E, 56F and |
| e | 56G; and |
| m | (b) record in the register of |
| u | |
| c | authorisations— |
| o | (i) each authorisation by the |
| D | Corporation under section 56D; |
| ry | and |
| ta | (ii) | each authorisation by ACGA |
| n | under section 56E of which the | |
| e | Corporation has been notified | |
| m | under section 56H(1); and |
| ia | (iii) each authorisation by CGF under |
| rl | section 56F of which the |
| a | Corporation has been notified |
| P | under section 56H(2); and |
| d | (iv) each authorisation by the Minister |
| n | |
| a | under section 56G of which the Corporation has been notified |
| n | under section 56H(3). |
| o | |
| ti | (2) The register of authorisations must include |
| la | the following— |
| is | (a) the name of any person— |
| g | |
| e | (i) authorised by the Corporation |
| L | under section 56D to use Games |
| n | related indicia or images; or |
| a | |
| ri | (ii) authorised by ACGA under |
section 56E to use ACGA indicia
| to | or images; or |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 12
(iii) authorised by CGF under
section 56F to use CGF indicia or
| ts | images; or |
| n | (iv) authorised by the Minister under |
| e | section 56G to use |
| m | Commonwealth Games |
| u | references; |
| c | (b) the date of the authorisation and the |
| o | period of its duration. |
| D |
(3) The register of authorisations may be—
ry
| ta | (a) inspected by any person at any |
reasonable time, without charge; and
n
| e | (b) | made available for inspection on the |
| m | Internet. |
| ia | 56K. Use of Commonwealth Games references |
| rl | which do not need authorisation |
| a | (1) The following persons may use |
| P |
Commonwealth Games references without
| d | the authorisation of the Corporation or the |
| n | |
| a | Minister— |
| n | (a) ACGA; |
| o | |
| ti | (b) CGF. |
| la | (2) Subject to sub-section (4), the following |
| is | persons may use Commonwealth Games |
| g | references without the authorisation of the |
| e | Corporation or the Minister— |
| L | (a) coaches of Commonwealth Games |
| n | athletes, Commonwealth Games |
| a | |
| ri | athletes and teams; |
| to | (b) any institute of sport; |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 12
(c) any sports organisation which—
(i) in Australia, governs a sport
| ts | which is on the program of the |
| n | Commonwealth Games; and |
| e | (ii) is a member of ACGA. |
| m | (3) Subject to sub-section (4), the following |
| u | |
| c | persons may use Commonwealth Games |
| o | references without the authorisation of the |
| D | Corporation or the Minister in the following |
| ry | specified circumstances— |
| ta | (a) any person if the use is incidental to— |
| n | (i) the provision of information, |
| e | including the reporting of news |
| m | and the presentation of current |
| ia | |
| rl | |
| affairs; or |
(ii) the purposes of criticism and
| a | review, including criticism or |
| P | review in a newspaper, magazine |
| d | or similar periodical, a broadcast |
| n | or a film; |
| a |
(b) any person if the use is for—
n
| o | (i) the purposes of professional |
| ti | advice; or |
| la | (ii) research or study purposes; or |
| is | (iii) educational purposes. |
| g | |
| e | (4) A person referred to in sub-section (2) or (3) |
| L | is not authorised to use a Commonwealth |
| n | Games reference if the use of the |
| a | |
| ri | Commonwealth Games reference— |
| to | (a) is for promotional, marketing or |
commercial purposes; or
| ic | (b) suggests a sponsorship-like |
| V | arrangement. |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 12
Division 3—Enforcement
56L. Offence to engage in conduct that suggests
| ts | sponsorship, approval or affiliation |
| n | |
| e | A person must not engage in conduct which would suggest to a reasonable person— |
| m | |
| u | (a) that goods or services have a |
| c | sponsorship, approval or affiliation that |
| o | they do not have with— |
| D |
(i) the Commonwealth Games; or
| ry | (ii) any event or program associated |
| ta | with the Commonwealth Games; |
| n | or |
| e |
(iii) the Corporation; or
m
| ia | (iv) the Australian Commonwealth |
| rl | Games Team; or |
| a | (v) ACGA; or |
| P | |
| (vi) CGF; or | |
| d | |
| n | (b) that any person has a sponsorship, |
| a | approval or affiliation that the person |
| n | does not have with— |
| o | |
| ti | (i) the Commonwealth Games; or |
| la | (ii) any event or program associated |
| is | with the Commonwealth Games; |
| g | or |
| e | (iii) the Corporation; or |
| L | |
| n | (iv) the Australian Commonwealth |
| a | Games Team; or |
| ri | (v) ACGA; or |
| to | |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 12
(vi) CGF.
Penalty: 100 penalty units, in the case of a
| ts | natural person. |
| n | 600 penalty units, in the case of a |
| e | body corporate. |
| m | 56M. Offence to use Games related indicia or |
| u | |
| c | images without authorisation |
| o | (1) A person must not use— |
| D |
(a) Games related indicia or images; or
| ry | (b) any thing that is substantially identical |
| ta | to or deceptively similar to Games |
| n | related indicia or images— |
| e | |
| m | if the use— |
| ia | (c) is for commercial purposes; or |
| rl | (d) is for promotional, advertising or |
| a | marketing purposes, whether or not for |
| P | commercial gain; or |
| d | |
| n | (e) would suggest a sponsorship-like |
| a | arrangement to a reasonable person. |
| n | Penalty: | 100 penalty units, in the case of a |
| o | ||
| ti | natural person. | |
| la | 600 penalty units, in the case of a | |
| is | body corporate. |
| g | (2) Sub-section (1) does not apply to— |
| e | (a) any use of Games related indicia or |
| L | images that has been authorised by the |
| n | Corporation under section 56D; or |
| a | |
| ri | (b) any use of Commonwealth Games |
| to | references that have been authorised by |
| ic | the Minister under section 56G; or |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 12
(c)
any use of Games related indicia or images or any other indicia or images that is otherwise authorised by or under
| ts | this Act or any other law. |
| n | |
| e | 56N. Offence to use ACGA indicia or images |
| m | without authorisation |
| u | (1) A person must not use— |
| c | |
| o | (a) ACGA indicia or images; or |
| D | (b) any thing that is substantially identical |
| ry | to or deceptively similar to ACGA |
| ta | indicia or images— |
| n | if the use— |
| e | (c) is for commercial purposes; or |
| m | |
| ia | (d) is for promotional, advertising or |
| rl | marketing purposes, whether or not for |
| a | commercial gain; or |
| P | (e) | would suggest a sponsorship-like |
| d | arrangement to a reasonable person. | |
| n | Penalty: | 100 penalty units, in the case of a |
| a | natural person. | |
| n | ||
| o | 600 penalty units, in the case of a | |
| ti | body corporate. |
| la | (2) Sub-section (1) does not apply to— |
| is | (a) any use of ACGA indicia or images |
| g | |
| e | that has been authorised by ACGA |
| L | under section 56E; or |
| n | (b) any use of ACGA indicia or images or |
| a | any other indicia or images that is |
| ri | otherwise authorised by or under this |
| to | Act or any other law. |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 12
56O. Offence to use CGF indicia or images without authorisation
| ts | (1) A person must not use— |
| n | (a) CGF indicia or images; or |
| e | |
| (b) any thing that is substantially identical | |
| m | |
| u | to or deceptively similar to CGF indicia |
| c | or images— |
| o | if the use— |
| D |
(c) is for commercial purposes; or
| ry | (d) is for promotional, advertising or |
| ta | marketing purposes, whether or not for |
| n | commercial gain; or |
| e |
(e) would suggest a sponsorship-like
m
arrangement to a reasonable person.
ia
rl
Penalty: 100 penalty units, in the case of a
| a | natural person. |
| P | 600 penalty units, in the case of a |
| d | body corporate. |
| n | |
| a | (2) Sub-section (1) does not apply to— |
| n | (a) any use of CGF indicia or images that |
| o | |
| ti | has been authorised by CGF under |
| section 56F; or | |
| la | |
| is | (b) any use of CGF indicia or images or |
any other indicia or images that is
g
| e | otherwise authorised by or under this |
| L | Act or any other law. |
| n | 56P. Injunctions |
| a | |
| ri | (1) An authorised applicant may apply to the Magistrates' Court for the grant of an |
| to | injunction restraining a person from |
| ic | engaging in conduct that constitutes— |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
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s. 12
(a)
a contravention of section 56L, 56M, 56N or 56O; or
| ts | (b) | attempting or conspiring to contravene |
| n | section 56L, 56M, 56N or 56O; or |
| e | (c) aiding, abetting, counselling or |
| m | procuring a person to contravene |
| u | section 56L, 56M, 56N or 56O; or |
| c | |
| o | (d) inducing or attempting to induce a |
| D | person, whether by threats, promises or otherwise, to contravene section 56L, |
| ry | 56M, 56N or 56O; or |
| ta | (e) being in any way, directly or indirectly, |
| n | knowingly concerned in, or party to, |
| e | the contravention by a person of |
| m | section 56L, 56M, 56N or 56O. |
| ia | |
| rl | (2) The Magistrates' Court may grant an |
| a | injunction restraining a person from |
| P | engaging in conduct of the kind referred to in paragraphs (a) to (e) of sub-section (1)— |
| d | |
| n | (a) if the Court is satisfied, on the balance |
| a | of probabilities, that the person is |
| n | engaging in or has been engaging in |
| o | conduct of that kind, whether or not it |
| ti | appears to the Court that the person |
| la | intends to engage again or continue to |
| is | engage in the conduct; or |
| g | (b) if it appears to the Court that, in the |
| e | event that the injunction is not granted, |
| L | it is likely that the person will engage in |
| n | conduct of that kind, whether or not |
| a | |
| ri | that person has previously engaged in conduct of that kind and whether or not |
| to | there is an imminent danger of |
| ic | substantial damage to any person if the |
| V | first-mentioned person engages in conduct of that kind; or |
Commonwealth Games Arrangements (Governance) Act 2003
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Part 3—Commonwealth Games Commercial Arrangements
s. 12
(c)
if the Court determines it to be appropriate, by consent of all the parties to the proceedings, whether or
| ts | not the person has engaged in, or is |
| n | likely to engage in conduct of that kind. |
| e |
(3) Pending determination of an application
m
| u | under this section, the Magistrates' Court |
| c | may grant an interim injunction if, in the |
| o | opinion of the Court, it is desirable to do so. |
| D | (4) An application for an injunction under this |
| ry | section may be made ex parte. |
| ta | (5) In this section "authorised applicant" |
| n | means— |
| e | (a) the Corporation; |
| m | |
| ia | (b) any person authorised by this Act or |
| rl | any other law to use Games related |
| a | indicia or images; |
| P | (c) | if the conduct relates to ACGA indicia |
| d | or images, ACGA; |
| n | (d) if the conduct relates to CGF indicia or images, CGF; |
| a | |
| n | |
| o | (e) the Director within the meaning of the |
| ti | Fair Trading Act 1999; |
| la | (f) an inspector within the meaning of the |
| is | Fair Trading Act 1999. |
| g | |
| e | 56Q. Power to rescind or vary injunctions |
| L | The Magistrates' Court may rescind or vary |
| n | an injunction or an interim injunction |
| a | |
| ri | granted by it under section 56P. |
| to | |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 12
56R. Power of court to require corrective
advertising
| ts | (1) If, on the application of an authorised |
| n | applicant, a court is satisfied, on the balance |
| e | of probabilities, that there has been a |
| m | contravention of section 56L, 56M, 56N or |
| u | 56O, the court may make either or both of |
| c | the following orders— |
| o | (a) an order requiring any person involved |
| D | in the contravention to disclose any |
| ry | information which is in the person's |
| ta | possession or to which the person has |
| access, which is information specified | |
| n | |
| e | in the order or information of a class of information specified in the order— |
| m | |
| ia | (i) to the public or any person or |
| rl | class of persons specified in the |
| a | order; and |
| P | (ii) in the manner specified in the |
| d | order; |
| n | |
| a | (b) an order requiring any person involved in the contravention to publish an |
| n | |
| o | advertisement in the terms specified or |
| ti | determined in accordance with the |
| la | order— |
| is | (i) at the expense of the person; and |
| g | (ii) in the manner and at the times |
| e | |
| L | specified in the order. |
(2) A court may make an order under this
n
| a | section whether or not an injunction is |
| ri | granted under section 56P. |
| to | |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
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s. 12
(3) In this section "authorised applicant"
means—
| ts | (a) the Corporation; |
| n | (b) any person authorised by this Act or |
| e | any other law to use Games related |
| m | indicia or images; |
| u | |
| c | (c) if the application relates to ACGA |
| o | indicia or images, ACGA; |
| D | (d) if the application relates to CGF indicia |
| ry | or images, CGF. |
| ta | 56S. Actions for damages |
| n | (1) If the Corporation or any person authorised |
| e | to use Games related indicia or images |
| m | suffers any injury or damage because of a |
| ia | contravention of section 56L or 56M, the |
| rl | Corporation or the person authorised to use |
| a | Games related indicia or images may recover |
| P | the amount of the loss or damage or damages |
| d | in respect of the injury by proceeding against |
| n | any person involved in the contravention. |
| a |
(2) If ACGA suffers any injury or damage
| n | because of a contravention of section 56L or |
| o | |
| ti | 56N in relation to ACGA indicia or images, |
| la | ACGA may recover the amount of the loss or damage or damages in respect of the |
| is | injury by proceeding against any person |
| g | involved in the contravention. |
| e | |
| L | (3) If CGF suffers any injury or damage because |
| n | of a contravention of section 56L or 56O in |
| a | relation to CGF indicia or images, CGF may |
| ri | recover the amount of the loss or damage or |
| to | damages in respect of the injury by |
| ic | proceeding against any person involved in |
| the contravention. | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
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s. 12
(4) A proceeding under this section may be brought in any court of competent
| ts | jurisdiction. |
| n | (5) A proceeding under sub-section (1), (2) or |
| e | (3) must not be commenced more than 3 |
| m | years after the date on which the cause of |
| u | action accrued. |
| c | (6) A court may make an order under this |
| o | section whether or not an injunction is |
| D | granted under section 56P. |
| ry | 56T. Account of profits |
| ta | (1) The Corporation or any person authorised to |
| n | use Games related indicia or images may |
| e | apply to a court for an account of profits in |
| m | respect of a contravention of section 56L or |
| ia | 56M by proceeding against any person |
| rl | involved in the contravention. |
| a | |
| P | (2) ACGA may apply to a court for an account of profits in respect of a contravention of |
| d | |
| n | section 56L or 56N in relation to ACGA |
| a | indicia or images by proceeding against any person involved in the contravention. |
| n | |
| o | (3) CGF may apply to a court for an account of |
| ti | profits in respect of a contravention of |
| la | section 56L or 56O in relation to CGF |
| is | indicia or images by proceeding against any |
| g | person involved in the contravention. |
| e | (4) A proceeding under this section may be |
| L | brought in any court of competent |
| n | jurisdiction. |
| a | |
| ri | (5) A proceeding under sub-section (1), (2) or |
| to | (3) must not be commenced more than |
| ic | 3 years after the date on which the cause of |
| action accrued. | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
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Part 3—Commonwealth Games Commercial Arrangements
s. 12
(6) A court may make an order under this
section whether or not an injunction is
| ts | granted under section 56P. |
| n | 56U. No entitlement to both damages and |
| e | account of profits |
| m | The Corporation, ACGA, CGF or any person |
| u | authorised to use Games related indicia or |
| c | images is not entitled to bring proceedings |
| o | for both damages under section 56S and an |
| D | account of profits under section 56T in |
| ry | respect of the same contravention under |
| ta | section 56L, 56M, 56N or 56O (as the case |
| requires). | |
| n | |
| e | 56V. Seizure of goods and advertising material |
| m | during goods seizure period |
| ia | (1) Subject to sub-section (2), a member of the |
| rl | police force may seize goods or advertising |
| a | material if the member of the police force— |
| P |
(a) finds goods or advertising material that
d
| n | are marked with or use— |
| a | (i) | Games related indicia or images, |
| n | ACGA indicia or images or CGF | |
| o | ||
| ti | indicia or images; or |
| la | (ii) any thing that is substantially |
identical to or deceptively similar
| is | to Games related indicia or |
| g | images, ACGA indicia or images |
| e | |
| L | or CGF indicia or images; and |
(b) believes on reasonable grounds that the
n
| a | marking with or use of the indicia or |
| ri | images or thing referred to in paragraph |
| to | (a), as the case requires, has not been |
| ic | authorised under this Act or by or under |
| any other law. | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
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s. 12
(2) A member of the police force may only seize
goods or advertising material referred to in
sub-section (1) if the goods or advertising
| ts | material are found in a Commonwealth |
| n | Games venue or a designated access area |
| e | during the goods seizure period. |
| m | |
| u | 56W. Seized goods or advertising material to be |
| c | given to Office of Commonwealth Games |
| o | Coordination |
| D | (1) A member of the police force, as soon as |
| ry | practicable, must give seized goods or |
| ta | advertising material to the Office of Commonwealth Games Coordination. |
| n | |
| e | (2) Subject to sub-section (3), the Office of |
| m | Commonwealth Games Coordination must |
| ia | retain seized goods or advertising material |
| rl | until the seized goods or advertising |
| a | material— |
| P | (a) are forfeited to the Crown under section |
| d | 56X or 56ZA; or |
| n | |
| a | (b) are returned to the person from whom they were seized in accordance with |
| n | section 56Y; or |
| o | |
| ti | (c) are returned to their lawful owner by |
| la | court order or otherwise. |
| is | (3) If seized goods or advertising material are |
| g | still being retained under this section on |
| e | 30 December 2006 and no on-going |
| L | proceedings in respect of the goods or |
| n | advertising material are in existence at that |
| a | |
| ri | date, the seized goods or advertising material |
| to | are forfeited to the Crown. |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
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Part 3—Commonwealth Games Commercial Arrangements
s. 12
(4) If seized goods or advertising material are forfeited to the Crown under sub-section
| ts | (3)— |
| n | (a) the Minister may direct that the goods |
| e | or material be disposed of in any |
| m | manner that the Minister thinks fit; and |
| u | (b) if the Minister directs that the goods or |
| c | material are to be disposed of by sale— |
| o | |
| D | (i) the Minister must consult with the Corporation, ACGA or CGF (as |
| ry | the case requires) before that sale; |
| ta | and |
| n | (ii) the proceeds of the sale must be |
| e | paid into the Consolidated Fund. |
| m | |
| ia | |
| rl |
56X. Voluntary forfeiture to Crown
(1) Before proceedings are instituted for an
| a | offence against section 56L, 56M, 56N or |
| P | 56O in relation to any seized goods or |
| d | advertising material, the person from whom |
| n | they were seized may voluntarily forfeit |
| a | those seized goods or advertising material to |
| n | the Crown. |
| o | |
| ti | (2) A forfeiture under sub-section (1) must be by |
| la | written notice given to the Office of |
| is | Commonwealth Games Coordination. |
(3) On receipt of a notice of forfeiture under
g
| e | sub-section (2)— |
| L | (a) the seized goods or advertising material |
| n | are forfeited to the Crown; and |
| a |
| ri | (b) | the Office of Commonwealth Games |
| to | Coordination must cause the | |
| Corporation, ACGA and CGF to be | ||
| ic | notified that the seized goods or | |
| V | advertising material have been voluntarily forfeited to the Crown. |
Commonwealth Games Arrangements (Governance) Act 2003
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Part 3—Commonwealth Games Commercial Arrangements
s. 12
(4) If any seized goods or advertising material are forfeited to the Crown under this
| ts | section— |
| n | (a) the Minister may direct that the goods |
| e | or material be disposed of in any |
| m | manner that the Minister thinks fit; and |
| u | (b) if the Minister directs that the goods or |
| c | material are to be disposed of by sale— |
| o | |
| D | (i) the Minister must consult with the Corporation, ACGA or CGF (as |
| ry | the case requires) before that sale; |
| ta | and |
| n | (ii) the proceeds of the sale must be |
| e | paid into the Consolidated Fund. |
| m | |
| ia | 56Y. Recovery of seized goods or advertising |
| rl | material and compensation |
| a | (1) If any goods or advertising material have |
| P | been seized under section 56V and the goods |
| d | or advertising material have not been |
| n | voluntarily forfeited under section 56X |
| a | and— |
| n | (a) proceedings are not instituted for an |
| o | |
| ti | offence against section 56L, 56M, 56N |
| la | or 56O in relation to the seized goods or advertising material within 6 months |
| is | of the seizure; or |
| g | |
| e | (b) after proceedings have been instituted |
| L | and completed, the defendant is not |
| n | found guilty— |
| a | |
| ri | the person from whom they were seized is |
| entitled to recover— | |
| to | (c) the seized goods or advertising material |
| ic | or, if they have been destroyed, |
| V | compensation equal to the market value |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 12
of the goods or advertising material at
the time of the seizure; and
| ts | (d) | compensation for any loss suffered by |
| n | reason of the seizure of the seized | |
| e | goods or advertising material. |
| m | (2) An action for the payment of compensation |
| u | under sub-section (1) may be brought in any |
| c | court of competent jurisdiction against— |
| o | |
| D | (a) the Corporation, if the seized goods or advertising material were marked with |
| ry | or used— |
| ta | (i) Games related indicia or images; |
| n | |
| e | or |
(ii) any thing that is substantially
m
| ia | identical to or deceptively similar |
| rl | to Games related indicia or |
| a | images; or |
| P | (b) | ACGA, if the seized goods or |
| d | advertising material were marked with | |
| n | or used— | |
| a |
(i) ACGA indicia or images; or
n
| o | (ii) any thing that is substantially |
| ti | identical to or deceptively similar |
| la | to ACGA indicia or images; or |
| is | (c) CGF, if the seized goods or advertising |
| g | material were marked with or used— |
| e | |
| L | (i) CGF indicia or images; or |
| n | (ii) any thing that is substantially |
| a | |
| ri | identical to or deceptively similar |
| to CGF indicia or images. | |
| to | |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 12
56Z. Meaning of marked with indicia or images
For the purposes of this Part, goods are to be
| ts | taken to be marked with Games related |
| n | indicia or images, ACGA indicia or images, |
| e | CGF indicia or images or any thing that is |
| m | substantially identical to or deceptively |
| u | similar to Games related indicia or images, |
| c | ACGA indicia or images or CGF indicia or |
| o | images if the indicia or images are affixed to, |
| D | annexed to, marked on or incorporated in or |
| ry | with— |
| ta | (a) the goods; or |
| n | (b) any covering or container in which the |
| e | goods are wholly or partly enclosed; or |
| m | (c) anything placed in or attached to any |
| ia | covering or container in which the |
| rl | goods are wholly or partly enclosed; or |
| a | |
| P | (d) anything that is attached to the goods or around which the goods are wrapped or |
| d | |
| n | wound. |
| a | 56ZA. Court may order forfeiture to the Crown |
| n | (1) A court which finds a person guilty of an |
| o | |
| ti | offence against section 56L, 56M, 56N or |
| la | 56O may order that any goods or advertising |
| material to which the offence relates be | |
| is | forfeited to the Crown. |
| g | |
| e | (2) If any goods or advertising material are |
| L | forfeited to the Crown under sub-section |
| n | (1)— |
| a | |
| ri | (a) the Minister may direct that the goods |
or material be disposed of in any
| to | manner that the Minister thinks fit; and |
| ic | (b) if the Minister directs that the goods or |
| V | material are to be disposed of by sale— Commonwealth Games Arrangements (Governance) Act 2003 |
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 12
(i) the Minister must consult with the the case requires) before that sale;
| ts | and |
| n | |
| e | (ii) the proceeds of the sale must be |
| m | paid into the Consolidated Fund. |
| u | 56ZB. Offences by corporations and |
| c | partnerships etc. |
| o | |
| D | (1) In this section, "officer"— |
| ry | (a) | in relation to a corporation within the |
| ta | meaning of the Corporations Act, has | |
| the same meaning as in section 9 of that | ||
| n | ||
| e | Act; and |
(b) in relation to a corporation that is not a
m
| ia | corporation within the meaning of that |
| rl | Act, means any person (by whatever |
| a | name called) who is concerned or takes |
| P | part in the management of the corporation— |
| d | |
| n | but does not include an employee of the |
| a | corporation. |
| n | (2) If a corporation is guilty of an offence |
| o | |
| ti | against this Part, any officer of the |
| la | corporation who was in any way, by act or |
| omission, directly or indirectly, knowingly | |
| is | concerned in or party to the commission of |
| g | the offence is also guilty of that offence and |
| e | |
| L | liable to the penalty for that offence. |
(3) If in a proceeding for an offence against this
n
| a | Part it is necessary to establish the intention |
| ri | of a corporation, it is sufficient to show that |
| to | a servant or agent of the corporation had that |
| ic | intention. |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
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s. 13
(4) A statement made by an officer of a
corporation is admissible as evidence against the corporation in any proceeding against the
| ts | corporation for an offence against this Part. |
| n | |
| e | (5) If this Part provides that a person is guilty of |
| m | an offence, that reference to a person must— |
| u | (a) if the person is a partnership, be read as |
| c | a reference to each member of the |
| o | partnership; and |
| D |
(b) if the person is an unincorporated
| ry | association, be read as a reference to |
| ta | each member of the committee of |
| n | management of the association.'. |
| e | 13. Section 57 substituted |
| m | |
| ia | |
| rl |
For section 57 of the Principal Act substitute—
"57. Regulations
| a | (1) The Governor in Council may make regulations for or with respect to— |
| P | |
| d | |
| n | (a) prescribing for the purposes of |
| a | Part 5A— |
| n | (i) Commonwealth Games logos; and |
| o | |
| ti | (ii) Commonwealth Games insignia; |
| la | and |
| is | (iii) Commonwealth Games mascots; |
| g | and |
| e | |
| L | (iv) Commonwealth Games |
pictograms; and
n
| a | (v) other Commonwealth Games |
| ri | indicia or images that refer to or |
| to | represent the Commonwealth |
| ic | Games; |
| V | (b) | prescribing Commonwealth Games references for the purposes of Part 5A; |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 14
(c)
any other matter or thing that is required or permitted by this Act to be prescribed or that is necessary to be
| ts | prescribed for carrying out or giving |
| n | effect to this Act. |
| e |
(2) Regulations made under sub-section (1)(a)
m
| u | may prescribe the matters referred to in |
| c | sub-section (1)(a)— |
| o | (a) in any form or any combination of |
| D | forms; and |
| ry | (b) whether or not by reference to |
| ta | particular colours or combinations of |
| n | colours or in any colours or |
| e | combinations of colours or both. |
| m | (3) Regulations made under this Act— |
| ia |
| rl | (a) | may be of general or limited |
| a | application; | |
| P | (b) | may differ according to differences in |
| d | time, place or circumstance.". |
| n | 14. Expiry |
| a | |
| n | (1) After section 58(1) of the Principal Act insert— |
| o | |
| ti | "(1A) Parts 1A, 1B and 5A of this Act and |
Schedules 2, 3 and 4 to this Act expire on
| la | 31 December 2006.". |
| is | (2) In section 58(2) of the Principal Act, for "This Act |
| g | |
| e | expires" substitute "The remaining provisions of |
| L | this Act expire". |
| n | |
| a | |
| ri | |
| to | |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 15
15. Schedules 3 and 4 inserted
At the end of the Principal Act insert—
| ts | "SCHEDULE 3 |
| n | |
| e |
ACGA LOGO AND CGF LOGO
m
u
| c | PART 1—ACGA LOGO |
| o | |
| D | |
| ry | |
| ta | |
| n | |
| e | |
| m | |
| ia | |
| rl | |
| a | |
| P | PART 2—CGF LOGO |
| d | |
| n | |
| a | |
| n | |
| o | |
| ti | |
| la | |
| is | |
| g | |
| e | |
| L | |
| n | __________________ |
| a | |
| ri | |
| to | |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 15
SCHEDULE 4
| ts | COMMONWEALTH GAMES LOGOS |
| n | |
| e | |
| m | |
| u | |
| c | |
| o | |
| D | |
| ry | |
| ta | |
| n | |
| e | |
| m | |
| ia | |
| rl | |
| a | |
| P | |
| d | |
| n | |
| a | |
| n | |
| o | |
| ti | |
| la | |
| is | |
| g | |
| e | |
| L | |
| n | |
| a | |
| ri | |
| to | |
| ic | |
| V |
Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 15
ts
n
e
m
u
c
o
D
ry
ta
n
| e |
| m |
| ia |
| rl |
| a |
| P |
| d |
| n |
| a |
| n |
| o |
| ti |
| la |
| is |
| g |
| e |
| L |
| n |
| a |
| ri |
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Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
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Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 15
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Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 15
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Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Part 3—Commonwealth Games Commercial Arrangements
s. 15
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Commonwealth Games Arrangements (Governance) Act 2003
Act No. 64/2003
Endnotes
ENDNOTES
| ts | † |
Minister's second reading speech—
| n | Legislative Assembly: 5 June 2003 |
| e | |
| Legislative Council: 16 September 2003 | |
| m | |
| u | The long title for the Bill for this Act was "to further amend the |
| c | Commonwealth Games Arrangements Act 2001 to establish the |
| o | Melbourne 2006 Commonwealth Games Corporation and provide for its |
| D | functions and powers, to provide for various matters relating to commercial arrangements and the use of logos and other insignia and for |
| ry | other purposes." |
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