Melbourne Cricket Club Act 1974 (Vic)
Version No. 014
Melbourne Cricket Club Act 1974
No. 8546 of 1974
Version incorporating amendments as at 23 November 2007
TABLE OF PROVISIONS
Section Page
1Short title
2Definitions
3Incorporation of Melbourne Cricket Club
4Vesting in body corporate of real and personal property of or
held in trust for association4ADelegation
5Powers of body corporate
6Annual and special general meetings
7Committee
8Application of income and property
9Application of property upon dissolution
10As to existing rights, actions, etc., in relation to association
11Power to make vary and amend rules
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SCHEDULE—Lands Vested in Melbourne Cricket Club by this Act
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 014
Melbourne Cricket Club Act 1974
No. 8546 of 1974
Version incorporating amendments as at 23 November 2007
An Act to incorporate by the Name of Melbourne Cricket Club a certain Voluntary Association formed in Melbourne under the said Name and to vest in the said Corporation certain Real and Personal Property now held by or on behalf of the said Association by the Committee thereof or by the Trustee and to provide for the Management of the said Corporation and for other purposes.
Preamble
WHEREAS in the year 1838 there was formed in Melbourne in the State of Victoria a certain voluntary association called "Melbourne Cricket Club":
And whereas the items of real property more particularly described in the Schedule and certain items of personal property are now held upon trust for the members for the time being of the said association and certain personal property is vested in the committee of the said association for the purposes of the said association:
And whereas under the provisions of the Melbourne Cricket Ground Acts the said association is entitled to occupy the ground therein referred to and provision was made that certain loans made to the committee of the said association should be guaranteed by the Government of Victoria and the Treasurer thereof:
And whereas for the management of the affairs of the said association and the better maintenance and control of the real and personal property aforesaid and the buildings and improvements now erected or hereafter to be erected on the said real property it is expedient that the said association be incorporated by the name of "Melbourne Cricket Club" and that all the real and personal property aforesaid be vested in and held by the body corporate and that all such powers and authorities as may be necessary or expedient for that purpose should be conferred upon the body corporate:
Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1Short title
This Act may be cited as the Melbourne Cricket Club Act 1974.
2Definitions
In this Act unless inconsistent with the context or subject-matter—
association means the voluntary association known as "Melbourne Cricket Club".
building means any house out-house stand pavilion or other edifice or erection of any description whatsoever.
club means the body corporate constituted by this Act under the name "Melbourne Cricket Club".
committeemeans the committee for the time being of the club.
land includes any interest in land and any easement right or privilege in over or affecting any land.
the body corporate means the Melbourne Cricket Club incorporated by this Act.
rules means the rules made by the body corporate pursuant to this Act.
3Incorporation of Melbourne Cricket Club
(1)There shall be a body corporate by the name of "Melbourne Cricket Club" consisting of—
(i)all persons who at the date of the passing of this Act are members of the association and who continue to be members of the club; and
(ii)all persons who under and in accordance with the provisions of the rules become and continue to be members of the club.
(2)The body corporate shall have perpetual succession and a common seal and under the name aforesaid may sue and be sued prosecute and defend and take and suffer all other proceedings in all courts civil and criminal and it shall be lawful for the body corporate to purchase take on lease or licence or in exchange or otherwise acquire and to receive hold enjoy and take possession of real and personal property of any description whatsoever and also to sell grant exchange convey demise reserve or grant easements over or otherwise dispose of or deal with either absolutely or by way of mortgage charge lien or other encumbrance any of the property real or personal which may at any time be vested in or otherwise belong to the body corporate and generally to exercise all powers incidental to a body corporate.
(3)The liabilities of members of the club shall be limited to the liabilities and obligations for the time being imposed by the rules of the club.
4Vesting in body corporate of real and personal property of or held in trust for association
(1)On the commencement of this Act—
(a)the club shall become and be the successor in law of the association; and
(b)without limiting the generality of paragraph (a) the club shall have and may exercise all the rights powers and privileges that immediately before the commencement of this Act were held exercisable or enjoyed by the association and shall be subject to all the duties liabilities responsibilities and obligations that immediately before the commencement of this Act the association was subject to.
(2)Upon the commencement of this Act and without any further or other authority than this Act there shall be vested in the body corporate—
(a)all the lands specified in the Schedule for an estate in fee-simple subject however to the encumbrances (if any) recorded on the relevant folios of the Register;
(b)all other real and personal property of whatsoever nature or tenure vested or held immediately before the commencement of this Act in or by trustees for the use or benefit of the members for the time being of the association;
(c)all personal property of whatsoever nature or description vested in or held by the committee of the association or any other person on behalf of or for the use or benefit of the association.
(3)The Registrar of Titles must make any recordings in the Register that are necessary or expedient because of this Act and the holder of any relevant certificate of title must deliver it to the Registrar of Titles.
(4)Where any property vested in the body corporate under or by virtue of paragraph (b) or paragraph (c) of subsection (2) consists of land registered under the Transfer of Land Act 1958 the Registrar of Titles upon application made to him in that behalf and upon proof of the facts relating thereto and on payment of the proper fees shall give effect in the Register to such vesting by registering the body corporate as the proprietor of such land.
(5)Where the transfer of any property vested in the body corporate in or by virtue of paragraph (b) or paragraph (c) of subsection (2) is required to be registered the transfer shall be registered upon application made to the person authorized to effect the registration of the transfer and upon proof of the facts relating thereto and production where appropriate of any certificate of title relating thereto.
4ADelegation
The Melbourne Cricket Club, with the approval of the Melbourne Cricket Ground Trust, may, by instrument, delegate to any person any power of the Club under this Act, other than this power of delegation.
5Powers of body corporate
In addition to the powers otherwise conferred upon it by this Act the body corporate is hereby empowered and authorized—
(a)to sponsor encourage and promote the playing of cricket football bowls hockey baseball tennis lacrosse squash rackets rifle shooting and other athletic sports games and competitions and other forms of amusement recreation and entertainment and to promote hold or conduct or assist in holding or conducting any or all of the same and to utilize the property of the club and the Melbourne Cricket Ground for all or any of the said purposes;
(b)to use and maintain for all or any of the purposes aforesaid any lands and any other property of whatsoever description which may from time to time be vested in or under the control or in the possession of the club;
(c)from time to time to build or erect upon any of the lands aforesaid all such buildings as may in the opinion of the committee be necessary or expedient for or in connexion with all or any of the purposes aforesaid and to maintain repair and demolish any such buildings as occasion may require;
(d)to carry on business as refreshment contractors restaurant keepers and refreshment room proprietors and (subject to the provisions of the Liquor Control Reform Act 1998) to sell and dispose of or make provisions for the sale and disposal of spirituous and fermented liquors on or in any land or building for the time being vested in or in the possession or under the control of the club;
(e)to borrow or lend money with or without security and upon such terms as the committee may think fit and to invest or deal with the moneys of the club in such manner as the committee may from time to time determine;
(f)to employ a secretary and all such other officials or employees as may in the opinion of the committee be required for any of the purposes aforesaid;
(g)from time to time to prescribe vary and take tolls and charges for admission to any land or building for the time being vested in or under the control or in the possession of the club: Provided however that members of the club shall be exempt either wholly or to such extent as is specified in the rules from payment of all or any such tolls and charges;
(h)to establish and support or aid in the establishment or support of associations institutions funds trusts and conveniences calculated to benefit employees or former employees of the club or the dependants or connexions of such persons and to grant pensions and allowances and to make payments towards insurances and to subscribe or guarantee money for charitable or benevolent objects or for any exhibition or for any public general or useful object;
(i)to enter into any arrangement or make any contract or agreement with any Government or any authority (whether statutory or otherwise) for the purpose of exercising or carrying into execution any of the powers or authorities by this Act conferred on the club and to obtain from such Government or authority any rights privileges or concessions which the club might think it desirable to obtain and to carry out exercise and comply with any such arrangement contract right privilege or concession;
(j)to form or join in the formation of or acquire an interest or become a member of any company which is formed for the purpose of or is intended to acquire or take over all or any of the activities property rights and liabilities of the club or for any other purpose which may seem directly or indirectly calculated to benefit the club. In this paragraph the word company shall be deemed to include any body of persons whether incorporated or not incorporated and whether domiciled in Victoria or elsewhere and whether now existing or hereafter to be formed;
(ja)with the approval of the Treasurer—
(i)to form, or participate in the formation of, a body corporate, trust or partnership;
(ii)the subscribe for or otherwise acquire, hold and dispose of or otherwise deal with any securities of a body corporate;
(iii)to subscribe for or otherwise acquire, hold and dispose of units in a unit trust;
(iv)to become a member of a body corporate, trust, partnership or joint venture;
(v)to enter into any arrangement for the sharing of profits;
(vi)to enter into and perform arrangements for the purpose of managing, lessening, hedging or protecting against movements in interest or discount rates or other costs of obtaining financial arrangements;
(k)to do all such acts and things as may be incidental or conducive to the exercise of any power or authority conferred on the club by this Act.
6Annual and special general meetings
(1)In each calendar year there shall be a general meeting (called the annual general meeting) at which (subject to any provision to the contrary contained in the rules) all members of the club shall be entitled to be present and to vote. There shall be transacted at such meeting all such business as is prescribed in that behalf by the rules.
(2)Special general meetings may be summoned from time to time in the manner and for the purposes specified in the rules.
7Committee
(1)The business and affairs of the club shall be managed and controlled by a committee to be elected in manner specified in the rules and such committee is hereby authorized to exercise all powers and authorities conferred by this Act on the club.
(2)Unless otherwise determined at a general meeting of the members of the club the committee shall consist of ten elected members and a President two Vice-Presidents and a Treasurer who shall be ex officio members thereof.
(3)Members of the committee shall be elected at annual general meetings of the club in accordance with the provisions of the rules: Provided always that any casual vacancy may, if the committee thinks fit, be filled by the committee but any person so appointed shall be subject to retirement at the same time as if he had become a member of the committee on the day on which the member of the committee in whose place he is appointed was last elected to be a member of the committee.
8Application of income and property
The income and property of the club, whencesoever derived, shall be applied solely towards the promotion of the objects of the club and no portion thereof shall be paid or transferred directly or indirectly by way of dividend bonus or otherwise howsoever by way of profit to members of the club.
9Application of property upon dissolution
If at any time the club is dissolved and upon its dissolution there remains after satisfaction of all its debts and liabilities any property whatsoever, that property shall not be paid or distributed amongst the members of the club but shall be given or transferred with the sanction of the Governor in Council—
(a)to some cricket club or other club in Victoria having similar objects to be determined by members of the club at or before the time of dissolution; or
(b)if the members so determine, to some charitable institution or institutions in Victoria—
the constitution or rules of which club or institution or of each of which institutions prohibit the distribution of its income and property amongst its members.
10As to existing rights, actions, etc., in relation to association
All contractual and other rights of any kind whatsoever and all actions suits and proceedings at law or in equity which immediately prior to the commencement of this Act might have been enforced commenced or continued by or against the committee of the association or any person or persons as representing the association may upon the commencement of this Act be enforced commenced or continued by or (as the case may be) against the club, and all references in the Melbourne Cricket Ground Acts or in any other Act enactment regulation proclamation rule or other instrument to the Melbourne Cricket Club shall be read as referring to the club and the references therein to the committee of the Melbourne Cricket Club to the committee of the club and the rights of occupancy of the ground conferred upon the association under the Melbourne Cricket Ground Acts are hereby confirmed as being vested in the club.
11Power to make vary and amend rules
(1)Subject to and in accordance with the rules and by-laws of the association in force immediately prior to the commencement of this Act or subsequently amended the members of the club may from time to time make rules (not inconsistent with the provisions of this Act) with respect to all or any of the matters specified in the next succeeding subsection and may from time to time amend or revoke all or any of such rules.
(2)Rules may be made as aforesaid for or with respect to—
(a)membership of the club including the election or admission of members (including honorary members) into the club, the expulsion of members therefrom, the payment of entrance fees and annual subscriptions, the rights and duties of members, and the cessation of membership;
(b)the election or appointment of the committee, the filling of casual vacancies, the tenure of office of members of the committee, and the election of a President, two Vice-Presidents and a Treasurer;
(c)the calling and holding of the annual general meeting or of special general meetings of members of the club, the procedure and proceedings thereat, and the business to be transacted thereat;
(d)the making of by-laws by the committee for all or any of the purposes specified in that behalf in the rules.
(3)Every member of the club shall be bound by and shall observe all rules and by-laws which are made or are in force under the provisions of this section.
(4)The rules and by-laws of the association in force immediately prior to the commencement of this Act shall (except so far as the same are inconsistent with the provisions of this Act) continue to be the rules and by-laws of the club until the same are amended or revoked in manner provided by this section.
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SCHEDULE
LANDS VESTED IN MELBOURNE CRICKET CLUB BY THIS ACT
| Registered Proprietor | Folio of the Register |
| M.C.C. Nominees Proprietary Limited. | The whole of the land more particularly described in Folios of the Register Volume 4155 Folio 864 and Volume 8139 Folio 774. |
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ENDNOTES
1. General Information
The Melbourne Cricket Club Act 1974 was assented to on 30 April 1974 and came into operation on 30 April 1974.
2. Table of Amendments
This Version incorporates amendments made to the Melbourne Cricket Club Act 1974 by Acts and subordinate instruments.
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Statute Law Revision Act 1983, No. 9902 /1983
Assent Date: 15.6.83 Commencement Date: 15.6.83: subject to s. 2(2) CurrentState: All of Act in operation
Melbourne Cricket Ground (Guarantees) Act 1984, No. 10116/1984
Assent Date: 30.10.84 Commencement Date: 27.11.84: s. 2 CurrentState: All of Act in operation
Transfer of Land (Computer Register) Act 1989, No. 18/1989 (as amended by No. 74/2000)
Assent Date: 16.5.89 Commencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488 CurrentState: All of Act in operation
Melbourne Cricket Ground Trust Act 1989, No. 70/1989
Assent Date: 28.11.89 Commencement Date: 28.11.89 CurrentState: All of Act in operation
Statute Law Revision Act 2000, No. 74/2000
Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 81) on 22.11.00: s. 2(1) CurrentState: This information relates only to the provision/s amending the Melbourne Cricket Club Act 1974
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3. Explanatory Details
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