Melbourne Convention and Exhibition Trust Amendment Act 2024 (Vic)

Melbourne Convention and Exhibition Trust Amendment Act 2024

No. 38 of 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendment of Melbourne Convention and Exhibition Trust Act 1996

4Change to title of Principal Act

5Purposes

6Definitions

7Part 2 heading amended

8Establishment of Trust

9Functions of Trust

10New section 5A inserted

11Members of the Trust

12New sections 10A and 10B inserted

13Vacancies

14Temporary vacancies

15Meetings

16Part 6 substituted

Part 3—Consequential amendment of other Acts

17Reciprocal arrangements about the Exhibition land—Museums Act 1983

18Definitions—Public Authorities (Dividends) Act 1983

19Definitions—Crown Land (Reserves) Act 1978

20Management of Carlton Gardens Reserve—Crown Land (Reserves) Act 1978

Part 4—Repeal of this Act

21Repeal of this Act

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Endnotes

1      General information

Melbourne Convention and Exhibition Trust Amendment Act 2024

No. 38 of 2024

[Assented to 22 October 2024]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to amend the Melbourne Convention and Exhibition Trust Act 1996—

(i)to change the name of that Act and the Trust established by that Act; and

(ii)to expand the functions of the Trust; and

(iii)to modernise Trust membership and governance arrangements; and

(b)to make consequential amendments to other Acts.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 May 2025, it comes into operation on that day.

3Principal Act

In this Act, the Melbourne Convention and Exhibition Trust Act 1996 is called the Principal Act.

PART 2—AMENDMENT OF MELBOURNE CONVENTION AND EXHIBITION TRUST ACT 1996

4Change to title of Principal Act

In the title of the Principal Act, for "Melbourne Convention and Exhibition" substitute "Victorian Convention and Event".

5Purposes

In section 1(a) of the Principal Act, for "Melbourne Convention and Exhibition" substitute "Victorian Convention and Event".

6Definitions

In section 3 of the Principal Act—

(a)insert the following definitions—

"acting chairperson means a person appointed under section 10B;

chairperson means a person appointed under section 10;

deputy chairperson means a person appointed under section 10A;";

(b)for the definition of Trust substitute—

"Trust means the Victorian Convention and Event Trust established by this Act.".

7Part 2 heading amended

In the heading to Part 2 of the Principal Act, for "Melbourne Convention and Exhibition" substitute "Victorian Convention and Event".

8Establishment of Trust

In section 4(1) of the Principal Act, for "Melbourne Convention and Exhibition" substitute "Victorian Convention and Event".

9Functions of Trust

After section 5(d) of the Principal Act insert—

"(da)the support of Victoria's tourism or events industry in relation to any matter determined by the Minister under section 5A;".

10New section 5A inserted

After section 5 of the Principal Act insert—

"5A   Minister may determine matters in relation to support of tourism or events industry

(1)Without limiting section 7, for the purposes of section 5(da) the Minister may make a determination specifying any matter in relation to which the Trust has the function of providing for the support of Victoria's tourism or events industry.

(2)A determination under subsection (1)—

(a)must be published in the Government Gazette; and

(b)takes effect on the day it is published in the Government Gazette or on such later date as specified in the determination.".

11Members of the Trust

In section 8 of the Principal Act, for "7" substitute "9".

12New sections 10A and 10B inserted

After section 10 of the Principal Act insert—

"10A Deputy chairperson

(1)The Minister may appoint one member to be deputy chairperson of the Trust.

(2)The deputy chairperson must act as chairperson if—

(a)the chairperson is absent or unable to perform duties as the chairperson for a period of not more than 3 months; and

(b)there is no acting chairperson.

(3)When acting as chairperson, the deputy chairperson—

(a)has and may exercise all the powers of the chairperson; and

(b)must perform all the functions and duties of the chairperson; and

(c)is entitled to receive any remuneration or travelling or other allowances to which the chairperson would have been entitled.

(4)The deputy chairperson may resign that office by written notice signed by the deputy chairperson and delivered to the Minister.

10BActing chairperson

(1)If the chairperson is unable to perform the chairperson's duties for a period of not more than 3 months, the Minister may appoint a member to be acting chairperson of the Trust during that period.

(2)A member appointed as acting chairperson under subsection (1) must act as chairperson.

(3)When acting as chairperson, the acting chairperson—

(a)has and may exercise all the powers of the chairperson; and

(b)must perform all the functions and duties of the chairperson; and

(c)is entitled to receive any remuneration or travelling or other allowances to which the chairperson would have been entitled.".

13Vacancies

(1)In section 11(2)(a) of the Principal Act, for "bankrupt" substitute "insolvent under administration".

(2)After section 11(2) of the Principal Act insert—

"(3)In the circumstances specified in subsection (4), on the recommendation of the Minister, the Governor in Council may—

(a)suspend a member from the Trust for any period equal to or less than the remainder of the member's term of office; or

(b)remove a member from the Trust.

(4)For the purposes of subsection (3), the specified circumstances are that the member—

(a)is convicted or found guilty of an offence relating to the performance of duties as a member; or

(b)engages in improper conduct in performing duties as a member; or

(c)is negligent in performing or failing to perform duties as a member; or

(d)fails to disclose a conflict of interest; or

(e)is absent or unable to perform duties as a member for a period of more than 3 months.".

14Temporary vacancies

For section 12(2) of the Principal Act substitute—

"(2)While a person is acting as a member, the person—

(a)has and may exercise all the powers of the member for whom the person acts; and

(b)must perform all the functions and duties of that member; and

(c)has the same voting rights as that member.".

15Meetings

For section 15(1) of the Principal Act substitute—

"(1)At any meeting of the Trust—

(a)if the chairperson is present, the chairperson must preside; or

(b)if the chairperson is not present and there is an acting chairperson, the acting chairperson must preside; or

(c)if the chairperson is not present and there is no acting chairperson, the deputy chairperson must preside.".

16Part 6 substituted

For Part 6 of the Principal Act substitute—

"PART 6—TRANSITIONAL PROVISIONS—MELBOURNE CONVENTION AND EXHIBITION TRUST AMENDMENT ACT 2024

29Transitional provisions—Melbourne Convention and Exhibition Trust Amendment Act 2024

On and from the commencement of Part 2 of the Melbourne Convention and Exhibition Trust Amendment Act 2024—

(a)the Trust continues to be the same body after that commencement as before that commencement, despite the change to its name made by section 8 of that Act, and that change does not affect any act, matter or thing; and

(b)subject to this Act, a member of the Trust appointed under section 8 as in force immediately before the commencement of Part 2 of the Melbourne Convention and Exhibition Trust Amendment Act 2024 remains in office for the remainder of that member's term of office; and

(c)a reference to the Melbourne Convention and Exhibition Trust Act 1996 in any Act, subordinate instrument or other document is taken to be a reference to the Victorian Convention and Event Trust Act 1996, unless the context otherwise requires; and

(d)a reference to the Melbourne Convention and Exhibition Trust in any Act, subordinate instrument or other document is taken to be a reference to the Victorian Convention and Event Trust, unless the context otherwise requires.".

PART 3—CONSEQUENTIAL AMENDMENT OF OTHER ACTS

17Reciprocal arrangements about the Exhibition land—Museums Act 1983

In section 27 of the Museums Act 1983, for "Melbourne Convention and Exhibition" (where twice occurring) substitute "Victorian Convention and Event".

18Definitions—Public Authorities (Dividends) Act 1983

In section 4(1) of the Public Authorities (Dividends) Act 1983, for paragraph (c) of the definition of public authority substitute—

"(c)the Victorian Convention and Event Trust; or".

19Definitions—Crown Land (Reserves) Act 1978

In section 3 of the Crown Land (Reserves) Act 1978, for the definition of Trust substitute—

"Trust means the Victorian Convention and Event Trust established by the Victorian Convention and Event Trust Act 1996;".

20Management of Carlton Gardens Reserve—Crown Land (Reserves) Act 1978

In section 29L(4) of the Crown Land (Reserves) Act 1978, for "Melbourne Convention and Exhibition" substitute "Victorian Convention and Event".

PART 4—REPEAL OF THIS ACT

21Repeal of this Act

This Act is repealed on 1 May 2026.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

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

Minister's second reading speech—

Legislative Assembly: 29 May 2024

Legislative Council: 29 August 2024

The long title for the Bill for this Act was "A Bill for an Act to amend the Melbourne Convention and Exhibition Trust Act 1996 to change the name of that Act, to change the name of the Melbourne Convention and Exhibition Trust and to modernise governance and operational provisions and for other purposes."