Stadiums Authority Act 2000 (ACT)
Stadiums Authority Act 2000 (repealed)
A2000-6
Republication No 9
Effective: 2 July 2006
Republication date: 2 July 2006
As repealed by A2006-30 s 4 (1) (e)
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Stadiums Authority Act 2000 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 2 July 2006.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.
Stadiums Authority Act 2000 (repealed)
Contents
Page
Part 1Preliminary
Name of Act 2
Dictionary 2
Notes 2
Part 2The authority
Division 2.1 Establishment and functions of authority
Establishment of authority 3
Functions of authority 3
Restrictions on dealings with assets 4
Division 2.2 Governing board
Establishment of governing board 5
Governing board members 5
Functions of governing board 5
Part 3Authority staff and consultants
Staff 6
Consultants 6
Part 4Miscellaneous
Ministerial directions 7
Authority’s annual report 8
Regulation-making power 8
Dictionary9
Endnotes
About the endnotes 10
Abbreviation key 10
Legislation history 11
Amendment history 12
Earlier republications 16
Stadiums Authority Act 2000 (repealed)
An Act to establish the Stadiums Authority, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Stadiums Authority Act 2000.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Part 2The authority
Note for pt 2
The governance of territory authorities, including the Stadiums Authority, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.
The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.
Division 2.1 Establishment and functions of authority
Establishment of authority
The Stadiums Authority (the authority) is established.
Functions of authority
The authority has the following functions:
(a)owning, operating or managing sporting or entertainment facilities prescribed by regulation;
(b)organising sporting, cultural, entertainment or commercial events or festivals, or conducting them at facilities mentioned in paragraph (a), either alone or with others;
(c)providing facilities (including organisational or catering facilities) for an event or festival mentioned in paragraph (b) or for meetings or functions of any other kind, whether public or private;
(d)operating on a sound commercial basis;
(e)maximising the sustainable return to the Territory on its investment in the authority;
(f)providing services to the community in accordance with an agreement with the Minister;
(g)implementing any directions given to the authority by the Minister under this Act;
(h)exercising any other function given to it under this Act or any other territory law.
NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
Restrictions on dealings with assets
(1)In this section:
subsidiary means a company that, for the Corporations Act, is a subsidiary of the authority.
(2)The authority or a subsidiary must not, without the Treasurer’s prior written approval—
(a)enter into a contract involving the payment or receipt of a total amount larger than $500 000; or
(b)sell or otherwise dispose of, or mortgage or otherwise give security over, a significant asset; or
(c)mortgage or give a charge over all, or a significant part, of its undertakings or assets.
(3)An approval of the Treasurer may be given subject to conditions or restrictions stated in the approval.
(4)For this section, an asset, or part of the undertakings or assets, of the authority or a subsidiary is significant if—
(a)it is significant when interpreted in accordance with accounting standards relating to materiality ordinarily used in Australia when the decision about whether it is significant is made; or
(b)a document published by the authority or subsidiary identifies it as significant (however described); or
(c)a memorandum of understanding or other agreement between the Minister or Treasurer and the authority or subsidiary identifies it as significant (however described); or
(d)it is prescribed under the financial management guidelines under the Financial Management Act 1996 for this section.
(5)This section is additional to the Financial Management Act 1996, part 9 (Governance of territory authorities).
Division 2.2 Governing board
Establishment of governing board
The authority has a governing board.
Governing board members
The governing board has at least 5, but not more than 7, members.
Note 1The chair and deputy chair of the governing board must be appointed under the Financial Management Act 1996, s 79.
Note 2The chief executive officer of the authority is a member of the governing board (see Financial Management Act 1996, s 80 (4)).
Functions of governing board
The governing board has the following functions:
(a)advising the Minister on all significant issues relating to the authority and its activities;
(b)exercising any other function given to the board under this Act or any other territory law.
Part 3Authority staff and consultants
Staff
The authority’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, s 24 provides that the chief executive officer of a territory instrumentality has all the powers of a chief executive under the Act in relation to the instrumentality staff to be employed under that Act (including, for example, in relation to the appointment of people to, or the employment of people for, that staff). Under that Act, s 3, def chief executive officer, the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs.
Consultants
(1)The authority may engage consultants.
(2)However, the authority must not enter into a contract of employment under this section.
Part 4Miscellaneous
Ministerial directions
(1)The Minister may give the authority written directions in relation to the exercise of its functions.
(2)Before giving a direction the Minister must—
(a)tell the governing board about the effect of the proposed direction; and
(b)give the board a reasonable opportunity to comment on the proposed direction; and
(c)consider any comments made by the board.
(3)The Minister must present a copy of a direction to the Legislative Assembly within 6 sitting days after the day the Minister makes it.
(4)On receiving a direction under this section, the authority must comply with it.
(5)The Territory must reimburse the authority for the net reasonable expense of complying with a direction.
(6)The net reasonable expense of complying with a direction is—
(a)if the direction requires the authority to do something that, apart from the direction, it would not have done—the reasonable cost of, and the estimated revenue foregone in, complying with the direction; or
(b)if the direction requires the authority to do something in a way that is different from how the authority had intended to do it—the additional cost incurred, and the estimated revenue foregone, in doing the thing the activity in accordance with the direction; or
(c)if the direction requires the authority not to do something that, apart from the direction, it would have done—the difference (if any) between any estimated foregone revenue and the savings resulting from not doing the thing.
(7)An amount is not payable under subsection (5) unless it is agreed to by the Minister and the authority or, failing agreement, is decided by the Treasurer.
Authority’s annual report
A report prepared by the authority under the Annual Reports (Government Agencies) Act 2004 for a financial year must include—
(a)a copy of any direction given under section 12 (Ministerial directions) during the year; and
(b)a statement by the authority about action taken during the year to give effect to any direction given (whether before or during the year) under that section.
NoteFinancial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004.
Regulation-making power
The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Dictionary
(see s 2)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act dict, pt 1, defines the following terms:
· exercise
· function.
authority means the Stadiums Authority.
governing board means the governing board of the authority.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired
Legislation history
Stadiums Authority Act 2000 No 6
notified 23 March 2000 (Gaz 2000 No 12)
s 1, s 2 commenced 23 March 2000 (IA s 10B)remainder (ss 3-41) commenced 13 April 2000 (s 2 (2) and Gaz 2000 No 15)
as amended by
Legislation (Consequential Amendments) Act 2001 No 44 pt 367
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 367 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2002 No 30 pt 3.78
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))pt 3.78 commenced 17 September 2002 (s 2 (1))
Taxation (Government Business Enterprises) Act 2003 A2003-12 sch 1 pt 1.9
notified LR 27 March 2003
s 1, s 2 taken to have commenced 1 July 2002 (LA s 75 (2))sch 1 pt 1.9 commenced 28 March 2003 (s 2 (2))
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.31
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))sch 1 pt 1.31 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Financial Management Legislation Amendment Act 2005 A2005-52 sch 1 pt 1.20
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))sch 1 pt 1.20 commenced 1 January 2006 (s 2 (2))
Administrative (Miscellaneous Amendments) Act 2006 A2006-30 sch 1 pt 1.12
notified LR 16 June 2006
s 1, s 2 commenced 16 June 2006 (LA s 75 (1))sch 1 pt 1.12 commenced 1 July 2006 (s 2 (2) and CN2006-15)
as repealed by
Administrative (Miscellaneous Amendments) Act 2006 A2006-30 s 4 (1) (e)
notified LR 16 June 2006
s 1, s 2 commenced 16 June 2006 (LA s 75 (1))s 4 (1) (e) commenced 1 July 2006 (s 2 (3) and CN2006-15)
Amendment history
Dictionary
s 2om 2001 No 44 amdt 1.3911
ins 2002 No 30 amdt 3.788
am A2005-52 amdt 1.260
Notes
s 3sub 2002 No 30 amdt 3.788
The authority
pt 2 hdgsub A2005-52 amdt 1.261
Establishment and functions of authority
div 2.1 hdgsub A2005-52 amdt 1.261
Establishment of authority
s 4sub A2005-52 amdt 1.261
Functions of authority
s 5am 2002 No 30 amdt 3.789
sub A2005-52 amdt 1.261
Restrictions on dealings with assets
s 6om 2002 No 30 amdt 3.790
ins A2005-52 amdt 1.261
am A2006-30 amdt 1.88; ss renum R8 LA
Governing board
div 2.2 hdgsub A2005-52 amdt 1.261
Establishment of governing board
s 7sub A2005-52 amdt 1.261
Governing board members
s 8sub A2005-52 amdt 1.261
Functions of governing board
s 9am 2002 No 30 amdt 3.791
sub A2005-52 amdt 1.261
Procedures
div 2.3 hdgom A2005-52 amdt 1.261
Authority staff and consultants
pt 3 hdgsub A2005-52 amdt 1.262
The chief executive
div 3.1 hdgom A2005-52 amdt 1.263
Staff
s 10sub 2002 No 30 amdt 3.792
om A2005-52 amdt 1.261
ins A2005-52 amdt 1.265
Consultants
s 11am 2002 No 30 amdts 3.793–3.795
om A2005-52 amdt 1.261
ins A2005-52 amdt 1.265
Staff and consultants
div 3.2 hdgom A2005-52 amdt 1.264
Miscellaneous
pt 4 hdgsub A2005-52 amdt 1.266
Ministerial directions
s 12am 2002 No 30 amdt 3.796
om A2005-52 amdt 1.261
ins A2005-52 amdt 1.268
Authority’s annual report
s 13am 2002 No 30 amdt 3.797
om A2005-52 amdt 1.261
ins A2005-52 amdt 1.268
Regulation-making power
s 14om 2002 No 30 amdt 3.798
ins A2005-52 amdt 1.268
Ending of appointment of director
s 15 hdgsub 2002 No 30 amdt 3.799
s 15am 2002 No 30 amdts 3.800–3.805
om A2005-52 amdt 1.261
Disclosure of interest
s 16am 2002 No 30 amdt 3.806, amdt 3.807
om A2005-52 amdt 1.261
Calling meetings of board
s 17sub 2002 No 30 amdt 3.808
om A2005-52 amdt 1.261
Procedure at meetings
s 18om A2005-52 amdt 1.261
Quorum
s 19om A2005-52 amdt 1.261
Appointment of chief executive
s 20sub 2002 No 30 amdt 3.809
om A2005-52 amdt 1.263
Functions of chief executive
s 21 hdgsub 2002 No 30 amdt 3.810
s 21om A2005-52 amdt 1.263
Staff
s 22om A2005-52 amdt 1.265
Consultants
s 23om A2005-52 amdt 1.265
Requests for information
s 24om A2005-52 amdt 1.266
Notification of significant occurrences
s 25om A2005-52 amdt 1.266
Ministerial directions
s 26am 2002 No 30 amdt 3.811, amdt 3.812
om A2005-52 amdt 1.266
Business plans
s 27am 2002 No 30 amdt 3.813
om A2005-52 amdt 1.266
Compliance with business plans
s 28om A2005-52 amdt 1.266
Dividends
s 29am 2002 No 30 amdt 3.814
om A2005-52 amdt 1.266
Other reporting requirements
s 30om A2005-52 amdt 1.266
Miscellaneous
pt 5 hdgom A2005-52 amdt 1.266
Conduct of persons associated with the authority
div 5.1 hdgom A2005-52 amdt 1.266
Meaning of relevant person for div 5.1
s 31om A2005-52 amdt 1.266
Improper use of position
s 32om A2005-52 amdt 1.266
Improper use of information
s 33om A2005-52 amdt 1.266
General
div 5.2 hdgom A2005-52 amdt 1.266
Power to bind authority
s 34om A2005-52 amdt 1.266
Authority’s annual report
s 35sub A2004-9 amdt 1.41
om A2005-52 amdt 1.266
Taxation
s 36om A2003-12 amdt 1.12
Regulation-making power
s 37am 2001 No 44 amdt 1.3912
om A2005-52 amdt 1.266
Transitional provisions
pt 6 hdgsub 2002 No 30 amdt 3.815
exp 31 December 2003 (s 42)
Transfer of assets, rights and liabilities
s 38am 2001 No 44 amdt 1.3913, amdt 1.3914
exp 31 December 2003 (s 42)
Evidentiary certificate
s 39exp 31 December 2003 (s 42)
Registration of changes in title to certain assets
s 40exp 31 December 2003 (s 42)
Proceedings and evidence
s 41am 2002 No 30 amdt 3.816
exp 31 December 2003 (s 42)
Expiry of pt 6
s 42ins 2002 No 30 amdt 3.817
exp 31 December 2003 (s 42)
Dictionary
dictins 2002 No 30 amdt 3.818
sub A2005-52 amdt 1.267
def appointed director ins 2002 No 30 amdt 3.818
om A2005-52 amdt 1.267
def authority ins 2002 No 30 amdt 3.818
sub A2005-52 amdt 1.267
def board ins 2002 No 30 amdt 3.818
om A2005-52 amdt 1.267
def chief executive ins 2002 No 30 amdt 3.818
om A2005-52 amdt 1.267
def director ins 2002 No 30 amdt 3.818
om A2005-52 amdt 1.267
def governing board ins A2005-52 amdt 1.267
def relevant person ins 2002 No 30 amdt 3.818
om A2005-52 amdt 1.267
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 not amended 31 May 2000 2 Act 2001 No 44 20 December 2001 3 Act 2002 No 30 10 October 2002 4 A2003-12 28 March 2003 5 A2003-12 24 December 2003 6 A2004-9 13 April 2004 7 A2005-52 1 January 2006 8 A2006-30 1 July 2006
© Australian Capital Territory 2006
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