Untitled document

Melbourne Cricket Ground (Amendment) Act 1998

Act No. 104/1998

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Principal Act	2
4.	Definition	2
5.	Substitution of section 5A	2

5A. Trustees 2

6.	Repeal of sections 6 and 6A	2
7.	Insertion of sections 6C to 6J	3

6C.	Terms and conditions of appointment of members of
the Trust 3
6D.	Resignation, removal and vacancies 3
6E.	Validity of decisions 3
6F.	Pecuniary and other interests of members 4
6G.	Meetings 4
6H.	Staff 5
6I.	Power of Minister to give direction 6
6J.	Delegation 6

8.	Repeal of delegation powers	6
9.	Repeal of section 7A	6
10.	Insertion of new sections 7F to 7J	6

7F.	Business plan	6
7I.	Annual Report	8
7J.	Tendering for management contracts	8

11. New section 8A inserted 9

8A. Commercial exploitation of name prohibited 9

12. Insertion of new sections 12 and 13 9

12.	Transitional provision—Melbourne Cricket Ground (Amendment) Act 1998—rights of former Trustees to access to the ground	9
13.	Transitional provision—Melbourne Cricket Ground
(Amendment) Act 1998—effect of restructuring of
Trust	10

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NOTES 11

i

Victoria

No. 104 of 1998

Melbourne Cricket Ground

(Amendment) Act 1998†

[Assented to 1 December 1998]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Melbourne Cricket Ground Act 1933.

2. Commencement

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

the day on which this Act receives the Royal
Assent.

Melbourne Cricket Ground (Amendment) Act 1998

Act No. 104/1998 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 February 2000, it

comes into operation on that day.

3. Principal Act Act No. 4149. Reprint No. 1

In this Act, the Melbourne Cricket Ground Act	as at 25 July
1996.
1933 is called the Principal Act.

4. Definition

In section 2 of the Principal Act insert the
following definition—

' "member" includes the chairperson of the

Trust;'.

5. Substitution of section 5A

For section 5A of the Principal Act substitute—
"5A. Trustees

On and after the commencement of section 5 of the Melbourne Cricket Ground (Amendment) Act 1998, the trustees are to be as follows—

(a)	a chairperson appointed by the Governor in Council;
(b)	Council, being persons who have experience in sports, sports

6 persons appointed by the Governor in community affairs.".

6. Repeal of sections 6 and 6A

Sections 6 and 6A of the Principal Act are repealed.

Melbourne Cricket Ground (Amendment) Act 1998

s. 7 Act No. 104/1998

7. Insertion of sections 6C to 6J

After section 6B of the Principal Act insert— "6C. Terms and conditions of appointment of

members of the Trust

(1) A member of the Trust holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment.

(2) A member is eligible for re-appointment. (3) A member is entitled to receive the fees,

travelling and other allowances from time to
time fixed by the Governor in Council in
respect of that member.

(4) A member is subject to any other terms and

conditions that are specified in the
instrument of appointment.

6D. Resignation, removal and vacancies

(1) A member of the Trust may resign the office

of member by writing signed by the member

and addressed to the Governor in Council.

(2) The Governor in Council may, at any time,
remove a member of the Trust from office.

(3) If a member of the Trust resigns or is removed from office the Governor in Council, in accordance with this Act, may

fill the vacant office.
6E. Validity of decisions

An act or decision of the Trust is not invalid merely because of—

(a) a defect or irregularity in, or in connection with, the appointment of a member; or

Melbourne Cricket Ground (Amendment) Act 1998

Act No. 104/1998 s. 7

(b) a vacancy in the membership of the Trust, including a vacancy arising from the failure to appoint an original member.

6F. Pecuniary and other interests of members

(1) A member who—

(a)	has a direct or indirect pecuniary interest in; or
(b)	has an interest which would conflict with the proper performance of the member's duties in relation to—

a matter being considered or about to be considered by the Trust must, as soon as practicable after the relevant facts have come

to his or her knowledge, declare the nature of
the interest at the meeting.

(2) A person presiding at a meeting at which a declaration is made must cause a record of the declaration to be made in the minutes of

the meeting.

(3) After a declaration is made by a member—

(a)	unless the Trust otherwise directs, the member must not be present during any deliberation with respect to the matter; and
(b)	the member is not entitled to vote on the matter; and
(c)	if the member does vote on the matter, the vote must be disallowed.

6G. Meetings

(1) The chairperson of the Trust must preside at

a meeting of the Trust at which the
chairperson is present.

Melbourne Cricket Ground (Amendment) Act 1998

s. 7 Act No. 104/1998

(2) If the chairperson is absent from a meeting

of the Trust, the members present at the
meeting must elect one of those members to

preside at the meeting.

(3) A majority of members of the Trust for the

time being constitutes a quorum of the Trust.

(4) A question arising at a meeting of the Trust

must be determined by a majority of votes of members present and voting on that question and, if the voting is equal, the person
presiding has a casting vote as well as a

deliberative vote.

(5) The Trust may permit members to participate

in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.

(6) Subject to this section, the Trust may

regulate its own proceedings.

6H. Staff

(1) The Trust may appoint a natural person as

the chief executive officer of the Trust.

(2) The chief executive officer holds office for

the period, not exceeding 5 years, that is specified in the instrument of his or her appointment and subject to any terms and
conditions that are specified in the
instrument of appointment.

(3) Subject to any terms and conditions specified

in the instrument of appointment, the chief
executive officer is eligible for re-
appointment.

(4) The Trust may engage any other employees that are necessary for the performance of its functions.

Melbourne Cricket Ground (Amendment) Act 1998

Act No. 104/1998 s. 8

6I. Power of Minister to give direction

(1) The Minister, after consultation with the

Treasurer, may give a written direction to the exercise by it of any of its functions, duties or powers under this Act.

(2) The Trust must comply with such a

direction.

(3) The Trust must, in the manner and time

specified by the Minister, give the Minister
the information the Minister requires to
enable the Minister to determine whether or
not the Trust has complied with such a

direction.

6J. Delegation

The Trust may, by instrument under its common seal, delegate to one or more members of the Trust, any function, power or

duty of the Trust, other than this power of

delegation.".

8. Repeal of delegation powers

In section 7 of the Principal Act, sub-sections (2) and (3) are repealed.

9. Repeal of section 7A

Section 7A of the Principal Act is repealed.

10. Insertion of new sections 7F to 7J

After section 7E of the Principal Act insert—

'7F. Business plan

(1) The Trust must prepare a business plan for

each year.

(2) The Trust must give a copy of the plan it has prepared to—

Melbourne Cricket Ground (Amendment) Act 1998

s. 10 Act No. 104/1998

(a) the Minister; and

(b) the Minister administering the Sport and Recreation Act 1972; and

(c) the Treasurer—

on or before the date in each year that is
determined by the Minister.

(3) The business plan must be in or to the effect

of a form approved by each specified
Minister and must include—

(a) information about the objectives, main
undertakings, activities, accounting

a statement of corporate intent, being the Trust;

(b)

financial statements of the Trust, required by a specified Minister;

(c) any other matter that a specified Minister directs.

(4) The Trust must consider any comment on the

plan prepared under sub-section (3) that is
made by a specified Minister within 2
months after the plan was submitted to the
Minister.

(5) If a specified Minister has made a comment the Trust is required to consider under sub- section (4), the Trust must consult in good faith with the Minister, and, must make any

changes to the plan that are agreed upon
between the Minister and the Trust and must
deliver the settled plan to each specified
Minister.

(6) The plan, or any part of the plan, must not be published or made available except for the

Melbourne Cricket Ground (Amendment) Act 1998

Act No. 104/1998 s. 10

purposes of this section without the prior

approval of each specified Minister.

(7) In this section and in section 7I—

"specified Minister" means the Treasurer

or a Minister specified under sub-
section (2)(a) or (b).

7I. Annual Report

(1) On or before 30 September in each year the

(2) A report under sub-section (1) must	Trust must submit a report to each specified year.
contain—
(a)	a report of the operations of the Trust during the financial year; and
(b)	financial statements for the financial year.

(3) If all specified Ministers so agree, the Trust

may submit the report on any date after
30 September which has been agreed upon
by the Ministers.

(4) The Minister must cause a copy of the report

Parliament within 10 sitting days of the

to be laid before each House of the report is submitted.

7J. Tendering for management contracts (1) If the Trust has decided to enter into a

contract for the management of the whole or
a part of the ground, the Trust may call for

tenders by public notice.

(2) Before awarding the contract, the Trust must
consider all tenders received by it before the

Melbourne Cricket Ground (Amendment) Act 1998

s. 11 Act No. 104/1998

date specified in the public notice as the last
date for the receipt of tenders.

(3) The Trust may only award the contract to a

person who has submitted a tender in
response to and in accordance with a public
notice, but is not required to award the
contract to the lowest tenderer.'.

11. New section 8A inserted

After section 8 of the Principal Act insert—

'8A. Commercial exploitation of name

prohibited

A person must not, in the course of a trade or
business, assign the name "Melbourne
Cricket Ground" or the initials "MCG" as the
name, or part of the name, of any place that
is not the Ground, or a part of the Ground,

unless authorised by the Trust.'.

12. Insertion of new sections 12 and 13

After section 11 of the Principal Act insert—

"12. Transitional provision—Melbourne Cricket

Ground (Amendment) Act 1998—rights of

former Trustees to access to the ground

(1) A person—

(a) commencement of section 5 of the
Melbourne Cricket Ground
(Amendment) Act 1998, a Trustee
appointed under section 5A(1), as in

who was, immediately before the commencement; or

(b) who had been, at any time, a Trustee under that section or any corresponding previous enactment—

Melbourne Cricket Ground (Amendment) Act 1998

Act No. 104/1998 s. 12

is entitled to access, without payment of a
fee, to those areas of the ground to which the
general public has access for all sporting

events for the remainder of his or her life.

(2) Sub-section (1) does not apply to a person—

(a) commencement of section 5 of the
Melbourne Cricket Ground

who was, immediately before the under section 5A(1)(a) or (d)(i) or (ii), as in force immediately before that commencement; or

(b)	who had been, at any time, a Trustee under those provisions or any corresponding previous enactment.
13.	Transitional provision—Melbourne Cricket Ground (Amendment) Act 1998—effect of restructuring of Trust

(1) On the commencement of section 5 of the

Melbourne Cricket Ground (Amendment) Act 1998 the Trustees appointed under section 5A(1)(a), (b), (c), and (d) (as in force immediately before that commencement) go out of office.

(2) Despite the commencement of section 5 of

the Melbourne Cricket Ground
(Amendment) Act 1998, the Trust is
deemed to be the same body on and after that
commencement as it was before that

commencement.".

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Melbourne Cricket Ground (Amendment) Act 1998

Notes Act No. 104/1998

NOTES

†

Minister's second reading speech—

Legislative Assembly: 8 October 1998

Legislative Council: 10 November 1998

The long title for the Bill for this Act was "to amend the Melbourne
Cricket Ground Act 1933 and for other purposes."