Untitled document

Melbourne and Olympic Parks (Amendment) Act

1997

Act No. 56/1997

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Purposes	2
4.	Powers and functions	2
5.	Further powers	3
6.	The Association	4
7.	Melbourne and Olympic Parks Trust Fund	4
8.	New section 18 substituted and sections 17A and 18A repealed	5
18. Borrowing and investment powers	5
9.	Regulations and powers of removal	5
10.	New Part 7 inserted	5
PART 7—TRANSITIONALS	5
33. Abolition of Funds and transitional	5
11.	Statute law revision	6
12.	Amendment of Borrowing and Investment Powers Act 1987	7

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NOTES 8

i

Victoria

No. 56 of 1997

Melbourne and Olympic Parks

(Amendment) Act 1997†

[Assented to 21 October 1997]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the Melbourne and Olympic Parks Act 1985 to extend the functions of the Melbourne and

Olympic Parks Trust.

2. Commencement

(1) Section 1 and this section come into operation on

the day on which this Act receives the Royal
Assent.

Melbourne and Olympic Parks (Amendment) Act 1997

Act No. 56/1997 s. 3

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 November 1997,

it comes into operation on that date.

3. Purposes

In section 3 of the Melbourne and Olympic

Parks Act 1985—

(a) in paragraph (a), for "and Olympic Park" substitute ", Olympic Park and certain other land and facilities";

(b) after paragraph (c), insert—

"; and

(d) promotion, management, operation and
use of sports, recreation and
entertainment facilities and services in

to provide for the development, National Tennis Centre and Olympic Park.".

4. Powers and functions

(1) In section 6(1) of the Melbourne and Olympic

Parks Act 1985, for paragraphs (e) and (f)
substitute—
"(e) to provide for the planning, development,

promotion, management, operation and use of other sports, recreation and entertainment facilities and services in Victoria; and

(f) to provide for the development, promotion, management, operation and use of facilities and services for the parking of vehicles and other necessary services to be used in

Melbourne and Olympic Parks (Amendment) Act 1997

s. 5 Act No. 56/1997

conjunction with any of the facilities

operated or managed by the Trust; and

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

(2) After section 6(1) of the Melbourne and

Olympic Parks Act 1985 insert—

"(1A) The Trust must not carry out any of its

functions with respect to land, facilities or
services outside the National Tennis Centre
or Olympic Park or exercise any powers in
relation to those functions without the
approval of the Premier, the Treasurer and

the Minister.".

5. Further powers

In section 7 of the Melbourne and Olympic

Parks Act 1985—

(a) for paragraph (b) substitute— "(b) in the case of any other land or

facilities managed or operated by the
Trust—

(i)  grant licences or permits for the use or development of the whole or any part of that land or those

facilities; or

(ii) enter into leases;";

(b)	in paragraphs (e)(i) and (f), after "the National Tennis Centre or Olympic Park" insert "or any other land, facilities or services managed or operated by the Trust";
(c)	in paragraph (e)(ii), after "Park" insert "or any other facilities or services managed or operated by the Trust".

Melbourne and Olympic Parks (Amendment) Act 1997

Act No. 56/1997 s. 6

6. The Association

(1) Part 3 of the Melbourne and Olympic Parks Act

1985 is repealed.

(2) In section 4 of the Melbourne and Olympic

Parks Act 1985 omit the definition of

"Association".

(3) In section 8(b) of the Melbourne and Olympic

Parks Act 1985 for "Association" substitute

"Lawn Tennis Association of Australia".

7. Melbourne and Olympic Parks Trust Fund

In section 17 of the Melbourne and Olympic

Parks Act 1985—

(a)

in sub-section (1), for "National Tennis Olympic Parks Trust Fund";

(b)	in sub-section (2)(a), for "the Centre" substitute "the National Tennis Centre, Olympic Park or any other land, facilities or services operated or managed by the Trust";
(c)	in sub-sections (2)(c) and (3)(a), after "the National Tennis Centre" insert ", Olympic Park or any other land, facilities or services operated or managed by the Trust";
(d)	in sub-section (3)(b), for "remuneration" substitute "fees";
(e)	for sub-section (3)(c) substitute— "(c) in payment of the costs of the

management of the National Tennis facilities or services operated or managed by the Trust including the costs of employing people for the purposes of managing and operating the land, facilities or services;";

Melbourne and Olympic Parks (Amendment) Act 1997

s. 8 Act No. 56/1997

(f) in sub-section (3), omit paragraph (d);

(g) after sub-section (3) (e) insert— "(f) in payment of any other amount

authorised or required to be paid out of the Fund under this Act or agreed to by the Trust and the Minister to be paid

out of the Fund.".

8.  New section 18 substituted and sections 17A and 18A repealed

For sections 17A, 18 and 18A of the Melbourne
and Olympic Parks Act 1985 substitute—

"18. Borrowing and investment powers

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

1987.".

9. Regulations and powers of removal

(1) In section 22 (1)(a) of the Melbourne and

Olympic Parks Act 1985, for "or Olympic Park" substitute ", Olympic Park or any other land, facilities or services managed or operated by the Trust".

(2) In sections 22(1) (b) and (c) and 22A(1) and (2) of

the Melbourne and Olympic Parks Act 1985,
for "or Olympic Park" substitute ", Olympic Park
or any other land or facilities managed or operated

by the Trust".

10. New Part 7 inserted

After section 32 of the Melbourne and Olympic

Parks Act 1985, insert—

"PART 7—TRANSITIONALS

33. Abolition of Funds and transitional

Melbourne and Olympic Parks (Amendment) Act 1997

s. 10
s. 11

Act No. 56/1997

(1) On the commencement of section 7 of the

Melbourne and Olympic Parks

(Amendment) Act 1997—

(a)	the National Tennis Centre Fund and the Olympic Park Fund are abolished;
(b)	any money or amounts standing to the credit of the National Tennis Centre Fund and the Olympic Park Fund immediately before that date must be taken to form part of the Melbourne and Olympic Parks Trust Fund;
(c)	any income received by the Trust from investments of the National Tennis Centre Fund and the Olympic Park Fund after that date must be paid into the Melbourne and Olympic Parks Trust Fund.

(2) Any sums required by the Treasurer in

fulfilling any liability arising under a (Amendment) Act 1997 shall be paid out of the Consolidated Fund which is to the necessary extent appropriated accordingly.

guarantee given under section 18 or 18A as
in force immediately before the
commencement of section 8 of the

(3) Any sums received or recovered by the

Treasurer in respect of any sums paid by the section 18 or 18A as in force immediately before the commencement of section 8 of the Melbourne and Olympic Parks (Amendment) Act 1997 shall be paid into the Consolidated Fund.".

11. Statute law revision

Melbourne and Olympic Parks (Amendment) Act 1997

Act No. 56/1997

For section 22(3) and (4) of the Melbourne and
Olympic Parks Act 1985 substitute—

"(3) The regulations are subject to disallowance

by a House of the Parliament.".

12. Amendment of Borrowing and Investment Powers Act 1987

No.13/1987. In Schedule 1 to the Borrowing and Investment
Powers Act 1987, after item 7 insert—

"7AA.	Melbourne and Olympic	5, 8, 10, 12, 14,
Parks Trust	20, 21".

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Melbourne and Olympic Parks (Amendment) Act 1997

Act No. 56/1997 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 22 May 1997

Legislative Council: 8 October 1997

The long title for the Bill for this Act was "to amend the Melbourne and
Olympic Parks Act 1985 to extend the functions of the Melbourne and
Olympic Parks Trust and for other purposes."