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Major Sports Facilities Amendment Bill 2008
Major Sports Facilities Amendment Bill
2008
Clauses and Explanatory Notes
Introduction
The Major Sports Facilities Authority (the Authority) was established on
21 December 2001 with the commencement of the Major Sports Facilities
Act 2001 ("the Act"). The Authority replaced the former Brisbane Cricket
Ground Trust and the former Lang Park Trust.
The Authority is established under the Act to "manage, operate, use and
promote" the State's major sports facilities. The Authority presently has
seven venues under its control, with an eighth currently being constructed:
· Suncorp Stadium;
· Brisbane Cricket Ground (the Gabba);
· Queensland Sport and Athletics Centre (formerly ANZ
Stadium);
· The Sleeman Complex;
· Brisbane Entertainment Centre;
· Dairy Farmers Stadium in Townsville;
· Skilled Park at Robina on the Gold Coast; and
· State Tennis Centre at Tennyson in Brisbane (under construction
and due for completion in December 2008).
Short Title of the Bill
The short title of the Bill is the Major Sports Facilities Amendment Bill
2008.
Objective of the Bill
The objective of the Bill is to amend the Major Sports Facilities Act 2001
(the Act) to:
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Major Sports Facilities Amendment Bill 2008
(1) change the name of the Major Sports Facilities Authority to Stadiums
Queensland, to more readily communicate the Authority's business
and its link to the Queensland Government; and
(2) make explicit the Authority's role in developing major sports
facilities.
Reasons for the Bill
The present name of the Authority does not provide an effective link with
the Queensland Government. The proposed new name, `Stadiums
Queensland', clearly identifies the role of the Authority in owning
Queensland's major stadia, provides greater linkage with the Queensland
Government and will be easily remembered and recognised by the industry
and the public.
The proposed new name will also assist to improve the profile of the
Authority and its venues and is expected to become a brand that is easily
recognised within Queensland and around Australia, helping to position
Queensland as a premier sporting destination.
Secondly, Crown Law has recently identified uncertainty in relation to
whether the Act sufficiently allows the Authority to fulfil a development
role. The Major Sports Facilities Amendment Bill 2008 seeks to remove
this uncertainty by explicitly identifying the development of major sports
facilities and infrastructure associated with major sports facilities as one of
the Authority's functions.
Section 8(3) of the Act provides that "the Authority can only acquire a
facility for its declaration as a major sports facility, with the prior approval
of the Governor in Council".
The Bill will amend section 8 to clarify that approval of the Governor in
Council is to be obtained where land is being acquired by the Authority for
the development of a facility. This will address the situation where the
Authority needs to acquire land to build a facility or associated
infrastructure.
Achievement of the objective
The Bill will change the name of the Major Sports Facilities Authority to
Stadiums Queensland and will ensure that references in law to the
Authority may, within context, be taken as references to Stadiums
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Major Sports Facilities Amendment Bill 2008
Queensland. This will be achieved by amendment of section 5 of the Act
and by inclusion of transitional clauses.
The Bill will amend section 7 of the Act, to include the development of
major sports facilities and infrastructure associated with major sports
facilities, as a function of the Authority.
The Bill will also amend section 8 of the Act, to provide that the approval
of the Governor in Council is to be obtained for the acquisition of land by
the Authority for the development of a facility.
Alternative method of achieving the policy objective
The objective of the Bill can only be achieved through amendment to the
Act.
Estimated cost for Government implementation
The Bill will have no new or additional cost implications for Government.
Fundamental Legislative Principles
The Bill has been drafted with regard to fundamental legislative principles
as defined in section 4 of the Legislative Standards Act 1992.
Consultation
The Major Sports Facilities Authority, Crown Law and the Department of
Public Works have been consulted on the proposals in this Bill.
Clause 1 - Short title
Clause 1 provides that the short title of this Act is the Major Sports
Facilities Amendment Act 2008.
Clause 2 - Act amended
Clause 2 provides that this Act amends the Major Sports Facilities Act
2001.
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Major Sports Facilities Amendment Bill 2008
Clause 3 - Amendment of long title
Clause 3 amends the long title of the Act to include a reference to the Act's
role in providing for the development of facilities in Queensland for
staging national or international sports, recreational or entertainment
events, or special events.
Clause 4 - Replacement of pt 3, hdg
The current heading of Part 3 of the Act is "Major Sports Facilities
Authority".
Clause 4 changes this heading to "Stadiums Queensland".
Clause 5 - Amendment of s 5 (Establishment of authority)
Clause 5 replaces the reference in section 5 of the Act, to the Major Sports
Facilities Authority, with a reference to Stadiums Queensland. The
amended section 5 will now read "Stadiums Queensland (the Authority) is
established."
As a result, the amended section 5 identifies the name of the Authority as
being `Stadiums Queensland' and also identifies references made in the
Act to the `Authority' as being references to Stadiums Queensland.
Clause 5 also makes a minor drafting change to the heading of section 5 by
capitalising the word `Authority'.
Clause 6 - Amendment of s 7 (Authority's functions)
Clause 6 amends section 7(1) to clarify that the Authority's functions
include the development of facilities which are either already declared to
be major sports facilities or are to be subsequently declared as major sports
facilities and in the development of associated infrastructure. This
provision allows the Authority to undertake the development of new
facilities or development to upgrade existing facilities.
Clause 7 - Amendment of s 8 (Authority's powers)
Clause 7 amends section 8 by inserting a provision requiring the approval
of the Governor in Council prior to the acquisition of land by the Authority,
for the development of facilities. New sections 7(1) and 8 are not intended
to restrict the Authority's involvement in the development of facilities and
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Major Sports Facilities Amendment Bill 2008
associated infrastructure to land owned by the Authority. In some instances
it is envisaged that work will be required on land not owned by the
Authority, where there is agreement to the work by the owner.
Clause 8 - Insertion of new pt 6, div 7
Clause 8 introduces a new Division 7 under Part 6 of the Act, inserting
transitional provisions.
The new section 82 will ensure that changing the Authority's name to
Stadiums Queensland will not affect the legal personality, rights or
liabilities of the Authority. This ensures there is no adverse impact on the
business or dealings of Stadiums Queensland as a result of its change in
name.
The new section 83 provides that references to the Authority in other Acts
or documents may, where context permits, be taken to be references to
Stadiums Queensland. This is designed to overcome the need to amend
other Acts which may make reference to the Major Sports Facilities
Authority.
The new section 84 provides that entries in the Authority's name in
registers of property titles must be amended to reflect the Authority's new
name if the appropriate application is made and fee paid by the Authority.
For example, this will provide authority for the Registrar of Titles to amend
details of the owner on the Certificates of Title for each of the venues
presently owned by Stadiums Queensland, should an appropriate
application be made.
These provisions clarify that the proposed change of name is intended only
to alter the name by which the Authority is known, and is not intended to
change the nature of the Authority itself, or its business.
Clause 9 - Amendment of sch 2 (Dictionary)
Clause 9 amends the definition for "Authority" by making reference to the
amended section 5.
The amended section 5 will read "Stadiums Queensland (the Authority) is
established."
© State of Queensland 2008
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