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This is a Bill, not an Act. For current law, see the Acts databases.


COMMONWEALTH GAMES ARRANGEMENTS (GOVERNANCE) BILL 2003

                                                                     PARLIAMENT OF VICTORIA

                                                               Commonwealth Games Arrangements
                                                                    (Governance) Act 2003
Victorian Legislation and Parliamentary Documents




                                                                                          Act No.


                                                                          TABLE OF PROVISIONS
                                                    Clause                                                                    Page

                                                    PART 1--PRELIMINARY                                                          1
                                                      1.     Purposes                                                            1
                                                      2.     Commencement                                                        2
                                                      3.     Principal Act                                                       2

                                                    PART 2--GOVERNANCE                                                           3
                                                      4.     Section 1 amended                                                   3
                                                      5.     Definitions                                                         3
                                                      6.     New section 4A inserted                                             4
                                                             4A.      Extraterritorial operation                                 4
                                                      7.     New Part 1A inserted                                                4
                                                             PART 1A--MELBOURNE 2006 COMMONWEALTH
                                                             GAMES CORPORATION                                                   4
                                                             Division 1--Preliminary                                             4
                                                             4B.      Objective of Part                                          4
                                                             Division 2--Melbourne 2006 Commonwealth Games
                                                             Corporation                                                         5
                                                             4C.      Melbourne 2006 Commonwealth Games Corporation
                                                                      established                                                5
                                                             4D.      Corporation does not represent Crown                       6
                                                             4E.      Functions of Corporation                                   6
                                                             4F.      Corporation to carry out functions in accordance with
                                                                      contractual arrangements and obligations                   7
                                                             4G.      Powers of Corporation                                      7
                                                             4H.      Delegation                                                 8
                                                             4I.      Borrowing and investment powers                            8
                                                             Division 3--Board of Directors of Corporation                       8
                                                             4J.      Membership of Board                                        8
                                                             4K.      Responsibilities of Board                                  9
                                                             4L.      Board to provide information to Minister                   9



                                                                                             i
                                                    551070B.I1-6/6/2003                              BILL LA CIRCULATION 6/6/2003

 


 

Clause Page 4M. Directions to Board 9 4N. Duties of directors of the Board 10 4O. Corporation or Minister may bring proceedings 11 Victorian Legislation and Parliamentary Documents 4P. Corporation not to make loans to directors 11 4Q. Indemnity 12 4R. Committees 12 4S. Immunity 13 4T. Chief executive officer 13 4U. Other staff 14 4V. Directors of M2006 transferred to Board 14 8. New Part 1B inserted 15 PART 1B--TRANSFERS 15 4W. Definitions 15 4X. Transfer of assets and liabilities from M2006 to Corporation 16 4Y. Corporation becomes successor in law of M2006 on dissolution date 17 4Z. Substitution of party to agreement 17 4ZA. Former instruments 18 4ZB. Interests in land 18 4ZC. Amendment of Register 18 4ZD. Taxes 19 4ZE. Evidence 19 4ZF. Validity of things done under this Part 19 4ZG. Transfer of staff 20 4ZH. Future terms and conditions of transferred employees 21 9. Schedule 2 inserted 22 SCHEDULE 2--Membership and Procedure of Board 22 10. Amendment of the Borrowing and Investment Powers Act 1987 30 PART 3--COMMONWEALTH GAMES COMMERCIAL ARRANGEMENTS 31 11. Definitions 31 12. New Part 5A inserted 35 PART 5A--COMMONWEALTH GAMES COMMERCIAL ARRANGEMENTS 35 Division 1--Other Rights Not Affected 35 56A. Part does not derogate from other rights 35 56B. Part does not affect rights relating to use of business or company names 35 56C. Part does not affect rights in respect of passing off 36 ii 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Clause Page Division 2--Authorising Use of Games Related Indicia or Images and Other Indicia or Images 37 56D. Corporation may authorise use of Games related indicia Victorian Legislation and Parliamentary Documents or images 37 56E. ACGA may authorise use of ACGA indicia or images 37 56F. CGF may authorise use of CGF indicia or images 37 56G. Minister may authorise non-commercial use of Commonwealth Games references 37 56H. Notification of authorisations by other entities 38 56I. What can an authorisation contain? 38 56J. Register of authorisations 40 56K. Use of Commonwealth Games references which do not need authorisation 41 Division 3--Enforcement 43 56L. Offence to engage in conduct that suggests sponsorship, approval or affiliation 43 56M. Offence to use Games related indicia or images without authorisation 44 56N. Offence to use ACGA indicia or images without authorisation 45 56O. Offence to use CGF indicia or images without authorisation 46 56P. Injunctions 46 56Q. Power to rescind or vary injunctions 48 56R. Power of court to require corrective advertising 49 56S. Actions for damages 50 56T. Account of profits 51 56U. No entitlement to both damages and account of profits 52 56V. Seizure of goods and advertising material during goods seizure period 52 56W. Seized goods or advertising material to be given to Office of Commonwealth Games Coordination 53 56X. Voluntary forfeiture to Crown 54 56Y. Recovery of seized goods or advertising material and compensation 55 56Z. Meaning of marked with indicia or images 57 56ZA. Court may order forfeiture to the Crown 57 56ZB. Offences by corporations and partnerships etc. 58 13. Section 57 substituted 59 57. Regulations 59 14. Expiry 60 iii 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Clause Page 15. Schedules 3 and 4 inserted 61 SCHEDULE 3--ACGA Logo and CGF Logo 61 Victorian Legislation and Parliamentary Documents SCHEDULE 4--Commonwealth Games Logos 62 ENDNOTES 68 iv 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 3 June 2003 Victorian Legislation and Parliamentary Documents A BILL to further amend the Commonwealth Games Arrangements Act 2001 to establish the Melbourne 2006 Commonwealth Games Corporation and provide for its functions and powers, to provide for various matters relating to commercial arrangements and the use of logos and other insignia and for other purposes. Commonwealth Games Arrangements (Governance) Act 2003 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The main purposes of this Act are to amend the Commonwealth Games Arrangements Act 2001-- 5 1 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 1--Preliminary s. 2 (a) to establish the Melbourne 2006 Commonwealth Games Corporation and to provide for its powers and functions; and Victorian Legislation and Parliamentary Documents (b) to provide for various matters relating to commercial arrangements and the use of 5 logos and insignia for the Commonwealth Games and events and programs associated with the Commonwealth Games. 2. Commencement (1) Subject to sub-section (2), this Act comes into 10 operation on a day or days to be proclaimed. (2) If this Act does not come into operation before 1 July 2004, it comes into operation on that day. 3. Principal Act See: In this Act, the Commonwealth Games 15 Act No. Arrangements Act 2001 is called the Principal 57/2001 and Act. amending Act No. 16/2003. LawToday: www.dms. dpc.vic. gov.au __________________ 2 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 4 PART 2--GOVERNANCE Victorian Legislation and Parliamentary Documents 4. Section 1 amended (1) In section 1(c) of the Principal Act, for "Games." substitute "Games;". (2) After section 1(c) of the Principal Act insert-- 5 "(d) to establish the Melbourne 2006 Commonwealth Games Corporation and provide for its powers and functions; (e) to provide for various matters relating to the organisation and conduct of the 10 Commonwealth Games and events and programs associated with the Commonwealth Games.". 5. Definitions In section 3(1) of the Principal Act, insert the 15 following definitions-- ' "ACGA" means the Australian Commonwealth Games Association Inc.; "ACGA director" means a director of the Board appointed pursuant to section 4J(2)(b); 20 "Board" means the board of directors of the Melbourne 2006 Commonwealth Games Corporation; "CGF" means The Commonwealth Games Federation; 25 "CGF director" means a director of the Board appointed pursuant to section 4J(2)(a); "chief executive officer" means the chief executive officer of the Corporation employed under section 4T; 30 3 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 6 "Corporation" means the Melbourne 2006 Commonwealth Games Corporation established under Part 1A; Victorian Legislation and Parliamentary Documents "State director" means a director of the Board appointed pursuant to section 4J(2)(c);'. 5 6. New section 4A inserted After section 4 of the Principal Act insert-- "4A. Extraterritorial operation It is the intention of the Parliament that the operation of this Act should, as far as the 10 legislative power of the Parliament permits, include operation in relation to acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia.". 15 7. New Part 1A inserted After Part 1 of the Principal Act insert-- 'PART 1A--MELBOURNE 2006 COMMONWEALTH GAMES CORPORATION Division 1--Preliminary 20 4B. Objective of Part The objective of this Part is to establish the Melbourne 2006 Commonwealth Games Corporation to plan, organise and deliver the Commonwealth Games, together with CGF 25 and ACGA, in a manner which-- (a) delivers a high quality sporting program for high performance athletes of the Commonwealth of Nations; and (b) enhances the reputation of the 30 Commonwealth Games as a major international sporting event; and 4 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 7 (c) promotes Melbourne, Victoria and Australia; and Victorian Legislation and Parliamentary Documents (d) delivers social, economic and environmental benefits to Victorians and Australians; and 5 (e) raises the profile of the Commonwealth of Nations by celebrating its values and its diversity of cultures; and (f) demonstrates a high standard of safety; and 10 (g) demonstrates a high standard of financial responsibility, probity and transparency. Division 2--Melbourne 2006 Commonwealth Games Corporation 15 4C. Melbourne 2006 Commonwealth Games Corporation established (1) There is established the Melbourne 2006 Commonwealth Games Corporation. (2) The Corporation-- 20 (a) is a body corporate with perpetual succession; and (b) has an official seal; and (c) may sue and be sued in its corporate name; and 25 (d) may acquire, hold and dispose of real and personal property; and (e) may do and suffer all acts and things that a body corporate may by law do and suffer. 30 5 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 7 (3) The official seal of the Corporation-- (a) must be kept as directed by the Victorian Legislation and Parliamentary Documents Corporation; and (b) must only be used as authorised by the Corporation. 5 (4) All courts must take judicial notice of the official seal of the Corporation on a document and, until the contrary is proved, must presume that it was duly affixed. 4D. Corporation does not represent Crown 10 The Corporation is a public authority but does not represent the Crown. 4E. Functions of Corporation The functions of the Corporation are-- (a) to negotiate, enter into and agree to 15 vary agreements under which the Commonwealth Games and events and programs associated with the Commonwealth Games are held; (b) to undertake and facilitate the 20 organisation, conduct, management and promotion of the Commonwealth Games and events and programs associated with the Commonwealth Games; 25 (c) to do all other things necessary for or in connection with the conduct and financial and commercial management of the Commonwealth Games and events and programs associated with 30 the Commonwealth Games; (d) any other functions conferred on the Corporation by or under this Act. 6 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 7 4F. Corporation to carry out functions in accordance with contractual arrangements and obligations Victorian Legislation and Parliamentary Documents In carrying out its functions, the Corporation must do so-- 5 (a) in accordance with any contractual arrangements or obligations of the Corporation under which the Corporation is authorised to organise, conduct and market the Commonwealth 10 Games; and (b) in an efficient manner. 4G. Powers of Corporation (1) The Corporation may do anything necessary or convenient for or in connection with, or 15 incidental to, the performance of its functions. (2) Without limiting sub-section (1), the Corporation may-- (a) enter into contracts, agreements, leases 20 and licences; (b) acquire or dispose of real or personal property; (c) employ or engage staff or consultants; (d) appoint agents and attorneys and act as 25 agent; (e) with the approval of the Minister, after consultation with the Treasurer, form, or participate in the formation of, a body corporate, association, 30 partnership, trust or other body or enter into a joint venture with another person or other persons. 7 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 7 4H. Delegation The Corporation, by instrument under its Victorian Legislation and Parliamentary Documents official seal, may delegate to a director of the Board, the chief executive officer, an officer or an employee of the Corporation any 5 power of the Corporation, other than this power of delegation. 4I. Borrowing and investment powers The Corporation has the powers conferred on it by the Borrowing and Investment 10 Powers Act 1987. Division 3--Board of Directors of Corporation 4J. Membership of Board (1) There is to be a Board of the Corporation consisting of not less than 8 directors and not 15 more than 12 directors appointed by the Governor in Council on the recommendation of the Minister in accordance with sub- section (4). (2) Of the persons appointed as directors of the 20 Board-- (a) two directors of the Board are to be the persons nominated to the Minister by CGF; and (b) not more than 4 directors of the Board 25 are to be the persons nominated to the Minister by ACGA; and (c) not more than 6 directors of the Board are to be persons recommended by the Minister after consultation with ACGA. 30 (3) The number of State directors must be equal to the total number of ACGA directors and CGF directors. 8 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 7 (4) In making a recommendation to the Governor in Council under sub-section (1), the Minister-- Victorian Legislation and Parliamentary Documents (a) in the case of a person nominated to the Minister by CGF under sub-section 5 (2)(a), must recommend the appointment of that person; and (b) in the case of a person nominated to the Minister by ACGA under sub-section (2)(b), must recommend the 10 appointment of that person. (5) Schedule 2 has effect with respect to the membership and procedure of the Board. 4K. Responsibilities of Board The Board-- 15 (a) is responsible for the management of the affairs of the Corporation; and (b) may exercise the powers of the Corporation. 4L. Board to provide information to Minister 20 (1) The Minister may require the Board to give the Minister such information as the Minister reasonably requires. (2) A requirement under sub-section (1) must be in writing. 25 4M. Directions to Board (1) The Minister, with the approval of the Treasurer, may from time to time give such directions to the Board as the Minister thinks fit. 30 (2) A direction under sub-section (1) must be by written notice to the Board. 9 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 7 (3) The Board must comply with a direction given under this section. Victorian Legislation and Parliamentary Documents (4) An act or decision of the Board is not invalid merely because of a failure to comply with a direction given under this section. 5 4N. Duties of directors of the Board (1) A director of the Board must at all times act honestly in the performance of the functions of his or her office. (2) A director of the Board must at all times 10 exercise a reasonable degree of care and diligence in the performance of his or her functions. (3) A director of the Board or former director of the Board must not make improper use of 15 information acquired by virtue of his or her position as a director to gain, directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to the Corporation. 20 (4) A director of the Board must not make improper use of his or her position as a director to gain, directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to the 25 Corporation. (5) This section has effect in addition to, and not in derogation of, any Act or law relating to the criminal or civil liability of a member of the governing body of a corporation and does 30 not prevent the institution of any criminal or civil proceedings in respect of such a liability. 10 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 7 4O. Corporation or Minister may bring proceedings Victorian Legislation and Parliamentary Documents (1) If a person contravenes section 4N in relation to the Corporation, the Corporation or the Minister, in the name of the Corporation, 5 may recover from the person as a debt due to the Corporation by action in a court of competent jurisdiction either or both of the following-- (a) if that person or any other person made 10 a profit as a result of the contravention, an amount equal to that profit; (b) if the Corporation has suffered loss or damage as a result of the contravention, an amount equal to that loss or damage. 15 (2) Despite sub-section (1), the Corporation or the Minister cannot recover under this section if, by force of section 4S, a director of the Board is not personally liable for a contravention of section 4N. 20 4P. Corporation not to make loans to directors (1) The powers of the Corporation do not include a power, whether directly or indirectly-- (a) to make a loan to a director of the 25 Board, a spouse of such a director or a relative (as defined in the Corporations Act) of such a director or spouse; or (b) to give a guarantee or provide security in connection with a loan made or to be 30 made by another person to a director of the Board, spouse or relative referred to in paragraph (a). (2) Nothing in sub-section (1) prohibits the Corporation entering into an agreement or 35 11 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 7 arrangement with a person referred to in sub- section (1) if similar agreements or arrangements are entered into by the Victorian Legislation and Parliamentary Documents Corporation with members of the public on the same terms and conditions. 5 4Q. Indemnity (1) The powers of the Corporation do not include a power to exempt, whether directly or indirectly, a director of the Board from, or to indemnify a director of the Board against, 10 any liability that by law would otherwise attach to the director in respect of a wilful breach of duty or a wilful breach of trust of which the director may be guilty in relation to the Corporation. 15 (2) The powers of the Corporation do not include a power to pay, or agree to pay, a premium in respect of a contract of insurance insuring a director of the Board against any liability (other than one for legal costs) that 20 by law would otherwise attach to the director in respect of a wilful breach of duty or a wilful breach of trust of which the director may be guilty in relation to the Corporation. 4R. Committees 25 (1) The Board must establish the following committees to assist it in performing its functions-- (a) a Finance Committee; (b) a Risk Management and Audit 30 Committee; (c) a Sports and Technical Committee; (d) a Senior Appointments and Remuneration Committee. 12 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 7 (2) The Board may establish any other committee as determined from time to time to be required by the Board to assist it in Victorian Legislation and Parliamentary Documents performing any of its functions. (3) The membership and functions of any 5 committee established by the Board are to be determined by the Board. (4) Except as otherwise determined by the Board, the procedure of any committee established by the Board is to be determined 10 by the committee. 4S. Immunity (1) A director of the Board is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith-- 15 (a) in the exercise of a power or the performance of a function or duty under this Act or the regulations; or (b) in the reasonable belief that the act or omission was in the exercise of a power 20 or the performance of a function or duty under this Act or the regulations. (2) Any liability resulting from an act or omission that, but for sub-section (1), would attach to a director of the Board, attaches 25 instead to the Corporation. 4T. Chief executive officer (1) The Corporation may employ a person as the chief executive officer of the Corporation. (2) Subject to this Act, the chief executive 30 officer holds office for the period and on the terms and conditions determined by the Corporation. 13 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 7 4U. Other staff (1) The Corporation may employ such officers Victorian Legislation and Parliamentary Documents and employees as are necessary for the performance of its functions. (2) The terms and conditions of employment are 5 as determined by the Corporation. 4V. Directors of M2006 transferred to Board (1) On the commencement of section 7 of the Commonwealth Games Arrangements (Governance) Act 2003, any person who 10 was a director of M2006 immediately before that commencement-- (a) is deemed to be appointed to the Board as a director of that Board appointed in accordance with this Act; and 15 (b) in the case of a person who, before that commencement, was appointed as a director of M2006 by CGF, is deemed to be appointed as a CGF director pursuant to section 4J(2)(a); and 20 (c) in the case of a person who, before that commencement, was appointed as a director of M2006 by ACGA, is deemed to be appointed as an ACGA director pursuant to section 4J(2)(b); 25 and (d) in the case of a person who, before that commencement, was appointed as a director of M2006 by the Premier or the Premier's nominee, is deemed to be 30 appointed as a State director pursuant to section 4J(2)(c). (2) On the commencement of section 7 of the Commonwealth Games Arrangements (Governance) Act 2003-- 35 14 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 8 (a) the person who was the Chairperson of M2006 immediately before that commencement is deemed to be the Victorian Legislation and Parliamentary Documents Chairperson of the Board appointed in accordance with this Act; and 5 (b) the person who was the Deputy Chairperson of M2006 immediately before that commencement is deemed to be the Deputy Chairperson of the Board appointed in accordance with 10 this Act. (3) In this section, "M2006" means Melbourne 2006 Commonwealth Games Pty Ltd, ACN 088 659 705.'. 8. New Part 1B inserted 15 Before Part 2 of the Principal Act insert-- 'PART 1B--TRANSFERS 4W. Definitions In this Part-- "dissolution date" means the date of the 20 final winding up of M2006 under the Corporations Act or the date of the deregistration of M2006 under the Corporations Act (whichever first occurs); 25 "former M2006 property" means property, rights or liabilities of M2006 that, under this Part, have vested in, or become liabilities of, the Corporation; "former M2006 instrument" means an 30 instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the relevant date-- 15 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 8 (a) to which M2006 was a party; or (b) that was given to, or in favour of, Victorian Legislation and Parliamentary Documents M2006; or (c) that refers to M2006; or (d) under which-- 5 (i) money is, or may become, payable to M2006; or (ii) other property is to be, or may become liable to be, transferred to or by 10 M2006-- but does not include a transfer agreement; "M2006" means Melbourne 2006 Commonwealth Games Pty Ltd, 15 ACN 088 659 705; "relevant date" means the date that section 8 of the Commonwealth Games Arrangements (Governance) Act 2003 comes into operation; 20 "transfer agreement" means an agreement entered into, whether before or after the relevant date, for the purpose of transferring, confirming or further assuring the transfer of property, rights, 25 assets or liabilities of M2006 to the Corporation which are not able to be transferred by virtue of this Part. 4X. Transfer of assets and liabilities from M2006 to Corporation 30 (1) On the relevant date-- (a) all property, rights and assets of M2006 are by virtue of this Part vested in the Corporation; and 16 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 8 (b) all liabilities of M2006 are by virtue of this Part liabilities of the Corporation. Victorian Legislation and Parliamentary Documents (2) Without limiting the generality of sub- section (1), where, immediately before the relevant date-- 5 (a) M2006 was acting in any capacity, the Corporation may, from the relevant date, act in that capacity; (b) proceedings to which M2006 was a party were pending or existing in any 10 court or tribunal, from the relevant date, the Corporation is substituted for M2006 as a party to the proceedings and has the same rights in the proceedings as M2006 had. 15 4Y. Corporation becomes successor in law of M2006 on dissolution date On the dissolution date-- (a) the Corporation is the successor in law of M2006; and 20 (b) any outstanding or residual property, rights, assets or liabilities of M2006 existing at the dissolution date are vested in the Corporation by virtue of this section. 25 4Z. Substitution of party to agreement (1) Subject to sub-section (2), where the rights and liabilities of M2006 under an agreement are transferred to the Corporation by virtue of this Part-- 30 (a) the Corporation becomes, on the relevant date, a party to the agreement in place of M2006; and 17 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 8 (b) on and after the relevant date, the agreement has effect as if the Corporation had always been a party to Victorian Legislation and Parliamentary Documents the agreement. (2) Sub-section (1) does not apply to a transfer 5 agreement. 4ZA. Former instruments Each former M2006 instrument relating to former M2006 property continues to have effect according to its tenor on and after the 10 relevant date in relation to that property as if a reference in the instrument to M2006 were a reference to the Corporation. 4ZB. Interests in land Without prejudice to the generality of this 15 Part and despite anything to the contrary in any other Act or law if, immediately before the relevant date, M2006 is, in relation to former M2006 property, the registered proprietor of an interest in land under the 20 Transfer of Land Act 1958, then on and after that date-- (a) the Corporation is to be taken to be the registered proprietor of that interest in land; and 25 (b) the Corporation has the same rights and remedies in respect of that interest as M2006 had. 4ZC. Amendment of Register The Registrar of Titles, on being requested to 30 do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register that are necessary because of the operation of this Part. 35 18 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 8 4ZD. Taxes No stamp duty or other tax is chargeable Victorian Legislation and Parliamentary Documents under any Act in respect of anything effected by or done under this Part or in respect of any act or transaction connected with or 5 necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of 10 M2006 to the Corporation. 4ZE. Evidence (1) Documentary or other evidence that would have been admissible for or against the interests of M2006 in relation to former 15 M2006 property if this Part had not been enacted is admissible for or against the interests of the Corporation. (2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the 20 books of account of M2006 and to entries made in those books of account before the relevant date, whether or not they relate to former M2006 property. 4ZF. Validity of things done under this Part 25 Nothing effected or to be effected by this Part or done or suffered under this Part-- (a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty 30 of a civil wrong; or (b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any 35 agreement, arrangement or 19 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 8 understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the Victorian Legislation and Parliamentary Documents assignment, transfer, sale or disposal of any property or the disclosure of any 5 information; or (c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any 10 agreement or obligation; or (d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or 15 instrument because of a change in the beneficial or legal ownership of any asset, right or liability; or (e) is to be regarded as causing any contract or instrument to be void or 20 otherwise unenforceable; or (f) is to be regarded as frustrating any contract; or (g) releases any surety or other obligor wholly or in part from any obligation. 25 4ZG. Transfer of staff (1) A person who is the chief executive officer of M2006 (by whatever title called) or an officer or employee of M2006 immediately before the relevant date is to be regarded, on 30 and from that date-- (a) as being employed by the Corporation with effect from the relevant date; and 20 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 8 (b) as being employed on the same terms and conditions as those that applied to the person, immediately before the Victorian Legislation and Parliamentary Documents relevant date, as the chief executive officer or an officer or employee of 5 M2006 (as the case requires); and (c) as having accrued an entitlement to benefits, in connection with that employment by the Corporation, that is equivalent to the entitlement that the 10 person had accrued, as the chief executive officer or an officer or employee of M2006, immediately before the relevant date. (2) The service of the chief executive officer of 15 M2006 or an officer or employee of M2006 transferred by virtue of this Part as the chief executive officer or an officer or employee of the Corporation is to be regarded for all purposes as having been continuous with the 20 service of that person, immediately before the relevant date, as the chief executive officer or an officer or employee of M2006 (as the case requires). (3) A person transferred by virtue of this Part is 25 not entitled to receive any payment or other benefit by reason only of having ceased to be the chief executive officer or an officer or employee of M2006 because of this Part. 4ZH. Future terms and conditions of transferred 30 employees Nothing in section 4ZG prevents-- (a) any of the terms and conditions of employment of a person transferred by virtue of this Part from being altered by 35 or under any law, award or agreement 21 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 9 with effect from any time after the relevant date; or Victorian Legislation and Parliamentary Documents (b) a person transferred by virtue of this Part from resigning or being dismissed at any time after the relevant date in 5 accordance with the then existing terms and conditions of his or her employment by the Corporation.'. 9. Schedule 2 inserted After Schedule 1 to the Principal Act insert-- 10 'SCHEDULE 2 MEMBERSHIP AND PROCEDURE OF BOARD 1. Terms of appointment of directors of the Board (1) A director of the Board holds office for the 15 period specified in his or her instrument of appointment. (2) A director of the Board is eligible for re- appointment. (3) The instrument of appointment of a director of 20 the Board may specify terms and conditions of appointment as determined by the Minister. (4) The Public Sector Management and Employment Act 1998 does not apply to a director of the Board in respect of the office of 25 director. 2. Chairperson of Board (1) The Chairperson of the Board is a State director selected from time to time as the Chairperson by the Board. 30 (2) A person selected as Chairperson ceases to hold that office on ceasing to be a director of the Board. 22 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 9 3. Deputy Chairperson (1) The Deputy Chairperson of the Board is-- Victorian Legislation and Parliamentary Documents (a) the President of ACGA, if the President of ACGA is a director of the Board; or 5 (b) if the President of ACGA is not a director of the Board, an ACGA director selected from time to time as Deputy Chairperson by a majority of ACGA directors. (2) The Deputy Chairperson ceases to hold that 10 office on ceasing to be a director of the Board. 4. Appointment of alternate directors (1) ACGA, by instrument, may nominate a person as an alternate ACGA director and the Minister, by instrument, must appoint that person as an 15 alternate ACGA director. (2) CGF, by instrument, may nominate a person as an alternate CGF director and the Minister, by instrument, must appoint that person as an alternate CGF director. 20 (3) The Minister, after consultation with ACGA, by instrument may appoint a person as an alternate State director. (4) An alternate director may, but need not, be a director of the Board in his or her own right. 25 (5) One person may be appointed and act as alternate director for more than one director of the Board. (6) An appointment of an alternate director is-- (a) for the period specified in his or her 30 instrument of appointment; and (b) subject to any other terms and conditions, not inconsistent with this Act, that are specified in his or her instrument of appointment. 35 (7) An alternate director is eligible for re- appointment. 23 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 9 (8) The office of an alternate director is vacated if and when the director of the Board that the alternate director represents vacates office as a Victorian Legislation and Parliamentary Documents director of the Board. 5 (9) Subject to sub-clause (10), the Minister may terminate the appointment of an alternate director at any time even though the period of the appointment of the alternate director has not expired. 10 (10) The Minister must not terminate the appointment of an alternate CGF director or an alternate ACGA director without-- (a) in the case of an alternate CGF director, a written request to the Minister from CGF 15 to terminate the appointment of that alternate director; and (b) in the case of an alternate ACGA director, a written request to the Minister from ACGA to terminate the 20 appointment of that alternate director. 5. Powers of alternate directors (1) If a director of the Board is absent from duty or, for any reason, is unable to attend a meeting of the Board or perform any other duty of the 25 office of director, his or her alternate-- (a) may act in the place of the director; and (b) while so acting, has all the powers, and may perform all the functions and duties, of the director and is to be taken to be a 30 director of the Board. (2) An alternate director who is also a director of the Board in his or her own right is entitled to a separate vote for each director of the Board that the alternate director represents in addition to 35 any vote the alternate director may have as a director of the Board in his or her own right. (3) An alternate director, while acting as a director of the Board, is responsible to the Corporation for his or her own acts and defaults and is not to 40 be taken to be the agent of the director of the Board for whom he or she is the alternate director. 24 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 9 6. Resignation and removal of directors of Board (1) A director of the Board may resign the office of director by writing signed by the director and Victorian Legislation and Parliamentary Documents addressed to the Governor in Council. 5 (2) Subject to sub-clause (3), the Governor in Council, on the recommendation of the Minister, may at any time remove a director of the Board from office. (3) The Minister must not recommend the removal 10 of a CGF director or an ACGA director from the Board without-- (a) in the case of a CGF director, a written request to the Minister from CGF to remove that director; and 15 (b) in the case of an ACGA director, a written request to the Minister from ACGA to remove that director. 7. Vacancies in membership of Board (1) A director's office becomes vacant-- 20 (a) on the expiry of his or her term of office; or (b) if he or she resigns from office; or (c) if he or she is removed from office; or (d) if he or she is convicted of an indictable 25 offence or an offence that, if committed in Victoria, would be an indictable offence; or (e) if he or she becomes an insolvent under administration within the meaning of the 30 Corporations Act; or (f) if he or she, without the Board's approval, fails to attend 3 consecutive meetings of the Board. (2) If a director of the Board resigns, is removed 35 from office or his or her office otherwise becomes vacant, the Governor in Council, in accordance with this Act, may fill the vacant office. 25 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 9 8. Validity of decisions of Board (1) An act or decision of the Board is not invalid merely because of-- Victorian Legislation and Parliamentary Documents (a) a defect or irregularity in, or in 5 connection with, the appointment of a director of the Board or an alternate director; or (b) a vacancy in the membership of the Board, including a vacancy arising from 10 the failure to appoint an original director of the Board. (2) Anything done by or in relation to a person purporting to act as Chairperson, Deputy Chairperson, a director of the Board or an 15 alternate director is not invalid merely because-- (a) the occasion for the appointment had not arisen; or (b) there was a defect or irregularity in, or in 20 connection with, the appointment; or (c) the appointment had ceased to have effect; or (d) the occasion for an alternate director acting in the place of a director of the 25 Board had not arisen or had ceased. 9. Presiding at meetings of Board The person who is to preside at a meeting of the Board is-- (a) the Chairperson, if he or she is present; 30 or (b) in the absence of the Chairperson, the Deputy Chairperson, if he or she is present; or (c) in the absence of both the Chairperson 35 and the Deputy Chairperson, a State director elected to preside by the directors of the Board present at the meeting. 26 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 9 10. Quorum A quorum of the Board is constituted by half of the directors of the Board for the time being Victorian Legislation and Parliamentary Documents and must include at least one ACGA director, 5 one CGF director and 2 State directors. 11. Proceedings of Board (1) Subject to sub-clauses (2) and (3), meetings of the Board are to be held at the times and places that the Chairperson determines. 10 (2) A meeting of the Board may be convened at any time-- (a) by the Chairperson; or (b) by at least 4 directors of the Board. (3) There must be at least 4 meetings of the Board 15 each year. (4) The Board may permit its directors to participate in a particular meeting by-- (a) telephone; or (b) closed-circuit television; or 20 (c) any other means of electronic or instantaneous communication. (5) A director of the Board who participates in a meeting under a permission under sub-clause (4) is deemed to be present at the meeting. 25 (6) A question arising at a meeting must be determined by a majority of votes of directors of the Board 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. 30 (7) The person presiding must ensure that minutes are kept of each of the Board's meetings. (8) Subject to this Act, the Board may regulate its own proceedings. 12. Resolutions without meetings 35 (1) If the directors of the Board for the time being sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those 27 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 9 terms is deemed to have been passed at a meeting of the Board held on the day on which the document is signed or, if the directors do Victorian Legislation and Parliamentary Documents not sign it on the same day, on the day on 5 which the last director to sign signs the document. (2) If a resolution is, under sub-clause (1), deemed to have been passed at a meeting of the Board, each director of the Board must be advised as 10 soon as practicable and given a copy of the terms of the resolution. (3) For the purposes of sub-clause (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one 15 or more directors of the Board, are deemed to constitute one document. (4) In sub-clause (1), "director", in relation to a resolution, does not include-- (a) a director who, because of clause 13, is 20 not permitted to take part in the making of the resolution; or (b) a director who is on leave of absence approved by the Board; or (c) a director who otherwise disqualifies 25 himself or herself from taking part in considering or voting on the resolution in question on the grounds that he or she is not entitled at law to do so or has a conflict of interest; or 30 (d) any director who the directors of the Board reasonably believe is not entitled at law to consider or vote on the resolution in question. 13. Disclosure of interests of directors of the Board 35 (1) A director of the Board who has a direct or indirect pecuniary interest in a contract or other matter being dealt with by the Board must disclose the nature of that interest at a meeting of the Board as soon as possible after becoming 40 aware of the interest. 28 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 9 (2) A director of the Board who holds an office or possesses property as a result of which, directly or indirectly, duties or interests may be created Victorian Legislation and Parliamentary Documents in conflict with the director's duties as a 5 director, must disclose that fact at a meeting of the Board as soon as possible after becoming aware of the potential conflict. (3) The person presiding at a meeting at which a disclosure under this clause is made must cause 10 that disclosure to be recorded in the minutes of the meeting. (4) Subject to sub-clauses (6) and (7), a person who has made a disclosure under this clause must not take any further part in the discussion of or 15 vote on the contract or other matter to which the disclosure relates. (5) Subject to sub-clauses (6) and (7), if a director of the Board votes on a matter in contravention of sub-clause (4), his or her vote must be 20 disallowed. (6) Sub-clauses (4) and (5) do not apply in relation to a matter relating to the supply of goods or services to a director of the Board if the goods or services are, or are to be, available to 25 members of the public on the same terms and conditions. (7) Sub-clauses (4) and (5) do not apply in respect of a matter relating to any contract or arrangement between the Corporation and 30 ACGA or CGF if the interest of the director of the Board is only because that director is an ACGA director or a CGF director. 14. Director of Board may act in interests of appointing body 35 (1) Despite clause 13, an ACGA director or an alternate ACGA director may have regard to and may act in accordance with the interests of ACGA provided that in doing so, the director does not act in a manner contrary to the 40 interests of the Corporation. 29 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 2--Governance s. 10 (2) Despite clause 13, a CGF director or an alternate CGF director may have regard to and may act in accordance with the interests of CGF Victorian Legislation and Parliamentary Documents provided that in doing so, the director does not 5 act in a manner contrary to the interests of the Corporation. (3) Despite clause 13, a State director or an alternate State director may have regard to and may act in accordance with the interests of the 10 State provided that in doing so, the director does not act in a manner contrary to the interests of the Corporation.'. 10. Amendment of the Borrowing and Investment Powers Act 1987 After item 6A in Schedule 1 to the Borrowing 15 and Investment Powers Act 1987 insert-- " 6B. Melbourne 2006 5, 8, 10, 11, Commonwealth 11AA, 11AB, Games Corporation 12, 14, 14A, 15, 20, 20A and 21. ". __________________ 30 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 11 PART 3--COMMONWEALTH GAMES COMMERCIAL ARRANGEMENTS Victorian Legislation and Parliamentary Documents 11. Definitions In section 3(1) of the Principal Act, insert the following definitions-- 5 ' "ACGA indicia or images" means-- (a) the name "Australian Commonwealth Games Association"; (b) the ACGA logo, the general design of which is set out in Part 1 of Schedule 3; 10 "Australian Commonwealth Games Team" means the athletes and officials selected by ACGA to represent Australia in the Commonwealth Games and who are accredited by CGF as participants in the 15 Commonwealth Games; "CGF indicia or images" means-- (a) the name "The Commonwealth Games Federation"; (b) the CGF logo, the general design of 20 which is set out in Part 2 of Schedule 3; "Commonwealth Games logo" means-- (a) a Commonwealth Games logo or any part of a Commonwealth Games logo, the general design of which is set out in 25 Schedule 4; (b) any other logo that is prescribed to be a Commonwealth Games logo or any part of such a logo; 31 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 11 "Commonwealth Games reference" means-- (a) any of the following words, expressions Victorian Legislation and Parliamentary Documents or figures-- (i) "Melbourne 2006 Commonwealth Games"; 5 (ii) "Melbourne 2006 Games"; (iii) "Melbourne Games"; (iv) "Melbourne Commonwealth Games"; (v) "Melbourne2006"; 10 (vi) "M2006"; (vii) "M06"; (viii) "Australian Commonwealth Games"; (ix) "Commonwealth Games"; 15 (x) "the Friendly Games"; (xi) any other combination of the words "Commonwealth Games" or "Games" and the numbers "2006", "18th" or "XVIIIth"; 20 (xii) "Australian Commonwealth Games Team"; (xiii) "Commonwealth Games Cultural Program"; (xiv) "Melbourne 2006 Cultural 25 Program"; (xv) "M06 Cultural Program"; (xvi) "Queen's Baton Relay"; (xvii) "bronze", "silver" or "gold"; 32 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 11 (b) any words, expressions or figures that are prescribed to be Commonwealth Games references; Victorian Legislation and Parliamentary Documents Note: It may be an offence under this Act to use 5 these terms in the circumstances set out in sections 56L, 56M, 56N and 56O. "Games related indicia or images" means-- (a) a Commonwealth Games logo; (b) an insignia that is prescribed to be a Commonwealth Games insignia or any 10 part of such an insignia; (c) a mascot that is prescribed to be a Commonwealth Games mascot or any part of such a mascot; (d) a pictogram that is prescribed to be a 15 Commonwealth Games pictogram or any part of such a pictogram; (e) any other indicia or image that refers to or represents the Commonwealth Games and that is prescribed to be a 20 Commonwealth Games indicia or image or any part of such an indicia or image; (f) a Commonwealth Games reference; "goods seizure period" means the period 25 commencing on 1 January 2006 and ending on 31 March 2006; "Office of Commonwealth Games Coordination" means staff of the Department for Victorian Communities 30 engaged in the administration of this Act; 33 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 11 "person", in Part 5A, includes a body or association (corporate or unincorporated) and a partnership; Victorian Legislation and Parliamentary Documents "seized goods or advertising material" means goods or advertising material seized under 5 section 56V; "sponsorship-like arrangement" means-- (a) a right to associate a person or a person's goods or services with-- (i) the Corporation; or 10 (ii) the Australian Commonwealth Games Team; or (iii) ACGA; or (iv) CGF; or (v) the Commonwealth Games or any 15 event or program associated with the Commonwealth Games; or (b) an affiliation or association (whether commercial or non-commercial) with-- (i) the Corporation; or 20 (ii) the Australian Commonwealth Games Team; or (iii) ACGA; or (iv) CGF; or (v) the Commonwealth Games or any 25 event or program associated with the Commonwealth Games;'. 34 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 12. New Part 5A inserted After Part 5 of the Principal Act insert-- Victorian Legislation and Parliamentary Documents 'PART 5A--COMMONWEALTH GAMES COMMERCIAL ARRANGEMENTS Division 1--Other Rights Not Affected 5 56A. Part does not derogate from other rights Nothing in this Part derogates from any rights subsisting in or any remedy available to any person under any other law or any contract or agreement in relation to-- 10 (a) Games related indicia or images; or (b) ACGA indicia or images; or (c) CGF indicia or images; or (d) any other indicia or images. 15 Note: Other laws which may give rights or provide remedies include the Copyright Act 1968, the Trade Marks Act 1995, the Designs Act 1906 and the Trade Practices Act 1974 of the Commonwealth and the Fair Trading Act 20 1999. 56B. Part does not affect rights relating to use of business or company names Nothing in this Part affects any rights conferred on any person prior to the commencement of section 12 of the 25 Commonwealth Games Arrangements (Governance) Act 2003 in relation to-- (a) a name that is registered in relation to a business under the Business Names Act 1962 or a corresponding law of 30 another State or Territory of the Commonwealth prior to that commencement; or 35 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 (b) a registered name of a company incorporated under the Corporations Act prior to that commencement. Victorian Legislation and Parliamentary Documents 56C. Part does not affect rights in respect of passing off 5 (1) Nothing in this Part affects the use of any indicia or images by a person on or after the commencement of section 12 of the Commonwealth Games Arrangements (Governance) Act 2003 if, immediately 10 before that commencement, the person would have been entitled to prevent another person from passing off by means of the use of the indicia or images or of similar indicia or images, goods, services or a business as 15 the goods, services or business of the first- mentioned person. (2) In an action or proceedings in respect of passing off brought against the Corporation, ACGA, CGF or a person authorised to use 20 Games related indicia or images arising out of the use of indicia or images referred to in sub-section (1), it is a defence if the Corporation, ACGA, CGF or the person authorised to use Games related indicia or 25 images (as the case requires) satisfies the court that at the time of the use, the Corporation, ACGA, CGF or the person authorised to use Games related indicia or images (as the case requires) was not aware 30 that the person bringing the action or proceedings was entitled to prevent the passing off. 36 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 Division 2--Authorising Use of Games Related Indicia or Images and Other Indicia or Images Victorian Legislation and Parliamentary Documents 56D. Corporation may authorise use of Games related indicia or images (1) For the purposes of this Part, the Corporation 5 may authorise a person to use Games related indicia or images. (2) An authorisation under this section must be in writing. 56E. ACGA may authorise use of ACGA indicia 10 or images (1) For the purposes of this Part, ACGA may authorise a person to use ACGA indicia or images. (2) An authorisation under this section must be 15 in writing. 56F. CGF may authorise use of CGF indicia or images (1) For the purposes of this Part, CGF may authorise a person to use CGF indicia or 20 images. (2) An authorisation under this section must be in writing. 56G. Minister may authorise non-commercial use of Commonwealth Games references 25 (1) For the purposes of this Part, the Minister may authorise a person to use any Commonwealth Games reference for non- commercial purposes. 37 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 (2) The Minister must not authorise a person under sub-section (1) unless the Minister has first consulted with the Corporation and Victorian Legislation and Parliamentary Documents ACGA. (3) An authorisation under this section must be 5 in writing. 56H. Notification of authorisations by other entities (1) If ACGA authorises a person to use any ACGA indicia or images under section 56E, 10 ACGA must cause the Corporation to be notified of that authorisation. (2) If CGF authorises a person to use any CGF indicia or images under section 56F, CGF must cause the Corporation to be notified of 15 that authorisation. (3) If the Minister authorises a person to use any Commonwealth Games reference under section 56G, the Minister must cause the Corporation, ACGA and CGF to be notified 20 of that authorisation. 56I. What can an authorisation contain? (1) An authorisation under section 56D, 56E, 56F or 56G is subject to any terms and conditions which the Corporation, ACGA, 25 CGF or the Minister (as the case requires) believes are reasonable to impose, including, but not limited to-- (a) the duration of the authorisation; (b) whether the authorisation applies 30 generally or in specified circumstances; 38 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 (c) whether the authorisation authorises the use of-- Victorian Legislation and Parliamentary Documents (i) in the case of an authorisation by the Corporation under section 56D, all Games related indicia or 5 images or specified kinds of Games related indicia or images; or (ii) in the case of an authorisation by ACGA under section 56E, all 10 ACGA indicia or images or specified kinds of ACGA indicia or images; or (iii) in the case of an authorisation by CGF under section 56F, all CGF 15 indicia or images or specified kinds of CGF indicia or images; or (iv) in the case of an authorisation by the Minister under section 56G, all 20 Commonwealth Games references or specified kinds of Commonwealth Games references. (2) An authorisation under section 56D, 56E, 25 56F or 56G expires at the earlier of-- (a) the expiration date specified in the authorisation; or (b) in the case of an authorisation by the Corporation under section 56D or an 30 authorisation by the Minister under section 56G, 30 June 2006; or (c) in any other case, 31 December 2006. 39 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 56J. Register of authorisations (1) The Corporation must-- Victorian Legislation and Parliamentary Documents (a) maintain a register of authorisations given under sections 56D, 56E, 56F and 56G; and 5 (b) record in the register of authorisations-- (i) each authorisation by the Corporation under section 56D; and 10 (ii) each authorisation by ACGA under section 56E of which the Corporation has been notified under section 56H(1); and (iii) each authorisation by CGF under 15 section 56F of which the Corporation has been notified under section 56H(2); and (iv) each authorisation by the Minister under section 56G of which the 20 Corporation has been notified under section 56H(3). (2) The register of authorisations must include the following-- (a) the name of any person-- 25 (i) authorised by the Corporation under section 56D to use Games related indicia or images; or (ii) authorised by ACGA under section 56E to use ACGA indicia 30 or images; or 40 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 (iii) authorised by CGF under section 56F to use CGF indicia or images; or Victorian Legislation and Parliamentary Documents (iv) authorised by the Minister under section 56G to use 5 Commonwealth Games references; (b) the date of the authorisation and the period of its duration. (3) The register of authorisations may be-- 10 (a) inspected by any person at any reasonable time, without charge; and (b) made available for inspection on the Internet. 56K. Use of Commonwealth Games references 15 which do not need authorisation (1) The following persons may use Commonwealth Games references without the authorisation of the Corporation or the Minister-- 20 (a) ACGA; (b) CGF. (2) Subject to sub-section (4), the following persons may use Commonwealth Games references without the authorisation of the 25 Corporation or the Minister-- (a) coaches of Commonwealth Games athletes, Commonwealth Games athletes and teams; (b) any institute of sport; 30 41 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 (c) any sports organisation which-- (i) in Australia, governs a sport Victorian Legislation and Parliamentary Documents which is on the program of the Commonwealth Games; and (ii) is a member of ACGA. 5 (3) Subject to sub-section (4), the following persons may use Commonwealth Games references without the authorisation of the Corporation or the Minister in the following specified circumstances-- 10 (a) any person if the use is incidental to-- (i) the provision of information, including the reporting of news and the presentation of current affairs; or 15 (ii) the purposes of criticism and review, including criticism or review in a newspaper, magazine or similar periodical, a broadcast or a film; 20 (b) any person if the use is for-- (i) the purposes of professional advice; or (ii) research or study purposes; or (iii) educational purposes. 25 (4) A person referred to in sub-section (2) or (3) is not authorised to use a Commonwealth Games reference if the use of the Commonwealth Games reference-- (a) is for promotional, marketing or 30 commercial purposes; or (b) suggests a sponsorship-like arrangement. 42 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 Division 3--Enforcement 56L. Offence to engage in conduct that suggests Victorian Legislation and Parliamentary Documents sponsorship, approval or affiliation A person must not engage in conduct which would suggest to a reasonable person-- 5 (a) that goods or services have a sponsorship, approval or affiliation that they do not have with-- (i) the Commonwealth Games; or (ii) any event or program associated 10 with the Commonwealth Games; or (iii) the Corporation; or (iv) the Australian Commonwealth Games Team; or 15 (v) ACGA; or (vi) CGF; or (b) that any person has a sponsorship, approval or affiliation that the person does not have with-- 20 (i) the Commonwealth Games; or (ii) any event or program associated with the Commonwealth Games; or (iii) the Corporation; or 25 (iv) the Australian Commonwealth Games Team; or (v) ACGA; or 43 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 (vi) CGF. Penalty: 100 penalty units, in the case of a Victorian Legislation and Parliamentary Documents natural person. 600 penalty units, in the case of a body corporate. 5 56M. Offence to use Games related indicia or images without authorisation (1) A person must not use-- (a) Games related indicia or images; or (b) any thing that is substantially identical 10 to or deceptively similar to Games related indicia or images-- if the use-- (c) is for commercial purposes; or (d) is for promotional, advertising or 15 marketing purposes, whether or not for commercial gain; or (e) would suggest a sponsorship-like arrangement to a reasonable person. Penalty: 100 penalty units, in the case of a 20 natural person. 600 penalty units, in the case of a body corporate. (2) Sub-section (1) does not apply to-- (a) any use of Games related indicia or 25 images that has been authorised by the Corporation under section 56D; or (b) any use of Commonwealth Games references that have been authorised by the Minister under section 56G; or 30 44 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 (c) any use of Games related indicia or images or any other indicia or images that is otherwise authorised by or under Victorian Legislation and Parliamentary Documents this Act or any other law. 56N. Offence to use ACGA indicia or images 5 without authorisation (1) A person must not use-- (a) ACGA indicia or images; or (b) any thing that is substantially identical to or deceptively similar to ACGA 10 indicia or images-- if the use-- (c) is for commercial purposes; or (d) is for promotional, advertising or marketing purposes, whether or not for 15 commercial gain; or (e) would suggest a sponsorship-like arrangement to a reasonable person. Penalty: 100 penalty units, in the case of a natural person. 20 600 penalty units, in the case of a body corporate. (2) Sub-section (1) does not apply to-- (a) any use of ACGA indicia or images that has been authorised by ACGA 25 under section 56E; or (b) any use of ACGA indicia or images or any other indicia or images that is otherwise authorised by or under this Act or any other law. 30 45 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 56O. Offence to use CGF indicia or images without authorisation Victorian Legislation and Parliamentary Documents (1) A person must not use-- (a) CGF indicia or images; or (b) any thing that is substantially identical 5 to or deceptively similar to CGF indicia or images-- if the use-- (c) is for commercial purposes; or (d) is for promotional, advertising or 10 marketing purposes, whether or not for commercial gain; or (e) would suggest a sponsorship-like arrangement to a reasonable person. Penalty: 100 penalty units, in the case of a 15 natural person. 600 penalty units, in the case of a body corporate. (2) Sub-section (1) does not apply to-- (a) any use of CGF indicia or images that 20 has been authorised by CGF under section 56F; or (b) any use of CGF indicia or images or any other indicia or images that is otherwise authorised by or under this 25 Act or any other law. 56P. Injunctions (1) An authorised applicant may apply to the Magistrates' Court for the grant of an injunction restraining a person from 30 engaging in conduct that constitutes-- 46 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 (a) a contravention of section 56L, 56M, 56N or 56O; or Victorian Legislation and Parliamentary Documents (b) attempting or conspiring to contravene section 56L, 56M, 56N or 56O; or (c) aiding, abetting, counselling or 5 procuring a person to contravene section 56L, 56M, 56N or 56O; or (d) inducing or attempting to induce a person, whether by threats, promises or otherwise, to contravene section 56L, 10 56M, 56N or 56O; or (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of section 56L, 56M, 56N or 56O. 15 (2) The Magistrates' Court may grant an injunction restraining a person from engaging in conduct of the kind referred to in paragraphs (a) to (e) of sub-section (1)-- (a) if the Court is satisfied, on the balance 20 of probabilities, that the person is engaging in or has been engaging in conduct of that kind, whether or not it appears to the Court that the person intends to engage again or continue to 25 engage in the conduct; or (b) if it appears to the Court that, in the event that the injunction is not granted, it is likely that the person will engage in conduct of that kind, whether or not 30 that person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in 35 conduct of that kind; or 47 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 (c) if the Court determines it to be appropriate, by consent of all the parties to the proceedings, whether or Victorian Legislation and Parliamentary Documents not the person has engaged in, or is likely to engage in conduct of that kind. 5 (3) Pending determination of an application under this section, the Magistrates' Court may grant an interim injunction if, in the opinion of the Court, it is desirable to do so. (4) An application for an injunction under this 10 section may be made ex parte. (5) In this section "authorised applicant" means-- (a) the Corporation; (b) any person authorised by this Act or 15 any other law to use Games related indicia or images; (c) if the conduct relates to ACGA indicia or images, ACGA; (d) if the conduct relates to CGF indicia or 20 images, CGF; (e) the Director within the meaning of the Fair Trading Act 1999; (f) an inspector within the meaning of the Fair Trading Act 1999. 25 56Q. Power to rescind or vary injunctions The Magistrates' Court may rescind or vary an injunction or an interim injunction granted by it under section 56P. 48 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 56R. Power of court to require corrective advertising Victorian Legislation and Parliamentary Documents (1) If, on the application of an authorised applicant, a court is satisfied, on the balance of probabilities, that there has been a 5 contravention of section 56L, 56M, 56N or 56O, the court may make either or both of the following orders-- (a) an order requiring any person involved in the contravention to disclose any 10 information which is in the person's possession or to which the person has access, which is information specified in the order or information of a class of information specified in the order-- 15 (i) to the public or any person or class of persons specified in the order; and (ii) in the manner specified in the order; 20 (b) an order requiring any person involved in the contravention to publish an advertisement in the terms specified or determined in accordance with the order-- 25 (i) at the expense of the person; and (ii) in the manner and at the times specified in the order. (2) A court may make an order under this section whether or not an injunction is 30 granted under section 56P. 49 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 (3) In this section "authorised applicant" means-- Victorian Legislation and Parliamentary Documents (a) the Corporation; (b) any person authorised by this Act or any other law to use Games related 5 indicia or images; (c) if the application relates to ACGA indicia or images, ACGA; (d) if the application relates to CGF indicia or images, CGF. 10 56S. Actions for damages (1) If the Corporation or any person authorised to use Games related indicia or images suffers any injury or damage because of a contravention of section 56L or 56M, the 15 Corporation or the person authorised to use Games related indicia or images may recover the amount of the loss or damage or damages in respect of the injury by proceeding against any person involved in the contravention. 20 (2) If ACGA suffers any injury or damage because of a contravention of section 56L or 56N in relation to ACGA indicia or images, ACGA may recover the amount of the loss or damage or damages in respect of the 25 injury by proceeding against any person involved in the contravention. (3) If CGF suffers any injury or damage because of a contravention of section 56L or 56O in relation to CGF indicia or images, CGF may 30 recover the amount of the loss or damage or damages in respect of the injury by proceeding against any person involved in the contravention. 50 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 (4) A proceeding under this section may be brought in any court of competent jurisdiction. Victorian Legislation and Parliamentary Documents (5) A proceeding under sub-section (1), (2) or (3) must not be commenced more than 3 5 years after the date on which the cause of action accrued. (6) A court may make an order under this section whether or not an injunction is granted under section 56P. 10 56T. Account of profits (1) The Corporation or any person authorised to use Games related indicia or images may apply to a court for an account of profits in respect of a contravention of section 56L or 15 56M by proceeding against any person involved in the contravention. (2) ACGA may apply to a court for an account of profits in respect of a contravention of section 56L or 56N in relation to ACGA 20 indicia or images by proceeding against any person involved in the contravention. (3) CGF may apply to a court for an account of profits in respect of a contravention of section 56L or 56O in relation to CGF 25 indicia or images by proceeding against any person involved in the contravention. (4) A proceeding under this section may be brought in any court of competent jurisdiction. 30 (5) A proceeding under sub-section (1), (2) or (3) must not be commenced more than 3 years after the date on which the cause of action accrued. 51 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 (6) A court may make an order under this section whether or not an injunction is granted under section 56P. Victorian Legislation and Parliamentary Documents 56U. No entitlement to both damages and account of profits 5 The Corporation, ACGA, CGF or any person authorised to use Games related indicia or images is not entitled to bring proceedings for both damages under section 56S and an account of profits under section 56T in 10 respect of the same contravention under section 56L, 56M, 56N or 56O (as the case requires). 56V. Seizure of goods and advertising material during goods seizure period 15 (1) Subject to sub-section (2), a member of the police force may seize goods or advertising material if the member of the police force-- (a) finds goods or advertising material that are marked with or use-- 20 (i) Games related indicia or images, ACGA indicia or images or CGF indicia or images; or (ii) any thing that is substantially identical to or deceptively similar 25 to Games related indicia or images, ACGA indicia or images or CGF indicia or images; and (b) believes on reasonable grounds that the marking with or use of the indicia or 30 images or thing referred to in paragraph (a), as the case requires, has not been authorised under this Act or by or under any other law. 52 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 (2) A member of the police force may only seize goods or advertising material referred to in sub-section (1) if the goods or advertising Victorian Legislation and Parliamentary Documents material are found in a Commonwealth Games venue or a designated access area 5 during the goods seizure period. 56W. Seized goods or advertising material to be given to Office of Commonwealth Games Coordination (1) A member of the police force, as soon as 10 practicable, must give seized goods or advertising material to the Office of Commonwealth Games Coordination. (2) Subject to sub-section (3), the Office of Commonwealth Games Coordination must 15 retain seized goods or advertising material until the seized goods or advertising material-- (a) are forfeited to the Crown under section 56X or 56ZA; or 20 (b) are returned to the person from whom they were seized in accordance with section 56Y; or (c) are returned to their lawful owner by court order or otherwise. 25 (3) If seized goods or advertising material are still being retained under this section on 30 December 2006 and no on-going proceedings in respect of the goods or advertising material are in existence at that 30 date, the seized goods or advertising material are forfeited to the Crown. 53 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 (4) If seized goods or advertising material are forfeited to the Crown under sub-section (3)-- Victorian Legislation and Parliamentary Documents (a) the Minister may direct that the goods or material be disposed of in any 5 manner that the Minister thinks fit; and (b) if the Minister directs that the goods or material are to be disposed of by sale-- (i) the Minister must consult with the Corporation, ACGA or CGF (as 10 the case requires) before that sale; and (ii) the proceeds of the sale must be paid into the Consolidated Fund. 56X. Voluntary forfeiture to Crown 15 (1) Before proceedings are instituted for an offence against section 56L, 56M, 56N or 56O in relation to any seized goods or advertising material, the person from whom they were seized may voluntarily forfeit 20 those seized goods or advertising material to the Crown. (2) A forfeiture under sub-section (1) must be by written notice given to the Office of Commonwealth Games Coordination. 25 (3) On receipt of a notice of forfeiture under sub-section (2)-- (a) the seized goods or advertising material are forfeited to the Crown; and (b) the Office of Commonwealth Games 30 Coordination must cause the Corporation, ACGA and CGF to be notified that the seized goods or advertising material have been voluntarily forfeited to the Crown. 35 54 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 (4) If any seized goods or advertising material are forfeited to the Crown under this section-- Victorian Legislation and Parliamentary Documents (a) the Minister may direct that the goods or material be disposed of in any 5 manner that the Minister thinks fit; and (b) if the Minister directs that the goods or material are to be disposed of by sale-- (i) the Minister must consult with the Corporation, ACGA or CGF (as 10 the case requires) before that sale; and (ii) the proceeds of the sale must be paid into the Consolidated Fund. 56Y. Recovery of seized goods or advertising 15 material and compensation (1) If any goods or advertising material have been seized under section 56V and the goods or advertising material have not been voluntarily forfeited under section 56X 20 and-- (a) proceedings are not instituted for an offence against section 56L, 56M, 56N or 56O in relation to the seized goods or advertising material within 6 months 25 of the seizure; or (b) after proceedings have been instituted and completed, the defendant is not found guilty-- the person from whom they were seized is 30 entitled to recover-- (c) the seized goods or advertising material or, if they have been destroyed, compensation equal to the market value 55 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 of the goods or advertising material at the time of the seizure; and Victorian Legislation and Parliamentary Documents (d) compensation for any loss suffered by reason of the seizure of the seized goods or advertising material. 5 (2) An action for the payment of compensation under sub-section (1) may be brought in any court of competent jurisdiction against-- (a) the Corporation, if the seized goods or advertising material were marked with 10 or used-- (i) Games related indicia or images; or (ii) any thing that is substantially identical to or deceptively similar 15 to Games related indicia or images; or (b) ACGA, if the seized goods or advertising material were marked with or used-- 20 (i) ACGA indicia or images; or (ii) any thing that is substantially identical to or deceptively similar to ACGA indicia or images; or (c) CGF, if the seized goods or advertising 25 material were marked with or used-- (i) CGF indicia or images; or (ii) any thing that is substantially identical to or deceptively similar to CGF indicia or images. 30 56 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 56Z. Meaning of marked with indicia or images For the purposes of this Part, goods are to be Victorian Legislation and Parliamentary Documents taken to be marked with Games related indicia or images, ACGA indicia or images, CGF indicia or images or any thing that is 5 substantially identical to or deceptively similar to Games related indicia or images, ACGA indicia or images or CGF indicia or images if the indicia or images are affixed to, annexed to, marked on or incorporated in or 10 with-- (a) the goods; or (b) any covering or container in which the goods are wholly or partly enclosed; or (c) anything placed in or attached to any 15 covering or container in which the goods are wholly or partly enclosed; or (d) anything that is attached to the goods or around which the goods are wrapped or wound. 20 56ZA. Court may order forfeiture to the Crown (1) A court which finds a person guilty of an offence against section 56L, 56M, 56N or 56O may order that any goods or advertising material to which the offence relates be 25 forfeited to the Crown. (2) If any goods or advertising material are forfeited to the Crown under sub-section (1)-- (a) the Minister may direct that the goods 30 or material be disposed of in any manner that the Minister thinks fit; and (b) if the Minister directs that the goods or material are to be disposed of by sale-- 57 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 12 (i) the Minister must consult with the Corporation, ACGA or CGF (as the case requires) before that sale; Victorian Legislation and Parliamentary Documents and (ii) the proceeds of the sale must be 5 paid into the Consolidated Fund. 56ZB. Offences by corporations and partnerships etc. (1) In this section, "officer"-- (a) in relation to a corporation within the 10 meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and (b) in relation to a corporation that is not a corporation within the meaning of that 15 Act, means any person (by whatever name called) who is concerned or takes part in the management of the corporation-- but does not include an employee of the 20 corporation. (2) If a corporation is guilty of an offence against this Part, any officer of the corporation who was in any way, by act or omission, directly or indirectly, knowingly 25 concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for that offence. (3) If in a proceeding for an offence against this Part it is necessary to establish the intention 30 of a corporation, it is sufficient to show that a servant or agent of the corporation had that intention. 58 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 13 (4) A statement made by an officer of a corporation is admissible as evidence against the corporation in any proceeding against the Victorian Legislation and Parliamentary Documents corporation for an offence against this Part. (5) If this Part provides that a person is guilty of 5 an offence, that reference to a person must-- (a) if the person is a partnership, be read as a reference to each member of the partnership; and (b) if the person is an unincorporated 10 association, be read as a reference to each member of the committee of management of the association.'. 13. Section 57 substituted For section 57 of the Principal Act substitute-- 15 "57. Regulations (1) The Governor in Council may make regulations for or with respect to-- (a) prescribing for the purposes of Part 5A-- 20 (i) Commonwealth Games logos; and (ii) Commonwealth Games insignia; and (iii) Commonwealth Games mascots; and 25 (iv) Commonwealth Games pictograms; and (v) other Commonwealth Games indicia or images that refer to or represent the Commonwealth 30 Games; (b) prescribing Commonwealth Games references for the purposes of Part 5A; 59 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 14 (c) any other matter or thing that is required or permitted by this Act to be prescribed or that is necessary to be Victorian Legislation and Parliamentary Documents prescribed for carrying out or giving effect to this Act. 5 (2) Regulations made under sub-section (1)(a) may prescribe the matters referred to in sub-section (1)(a)-- (a) in any form or any combination of forms; and 10 (b) whether or not by reference to particular colours or combinations of colours or in any colours or combinations of colours or both. (3) Regulations made under this Act-- 15 (a) may be of general or limited application; (b) may differ according to differences in time, place or circumstance.". 14. Expiry 20 (1) After section 58(1) of the Principal Act insert-- "(1A) Parts 1A, 1B and 5A of this Act and Schedules 2, 3 and 4 to this Act expire on 31 December 2006.". (2) In section 58(2) of the Principal Act, for "This Act 25 expires" substitute "The remaining provisions of this Act expire". 60 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 15 15. Schedules 3 and 4 inserted At the end of the Principal Act insert-- Victorian Legislation and Parliamentary Documents "SCHEDULE 3 ACGA LOGO AND CGF LOGO PART 1--ACGA LOGO 5 PART 2--CGF LOGO __________________ 61 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 15 SCHEDULE 4 Victorian Legislation and Parliamentary Documents COMMONWEALTH GAMES LOGOS 62 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 15 Victorian Legislation and Parliamentary Documents 63 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 15 Victorian Legislation and Parliamentary Documents 64 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 15 Victorian Legislation and Parliamentary Documents 65 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 15 Victorian Legislation and Parliamentary Documents 66 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Part 3--Commonwealth Games Commercial Arrangements s. 15 Victorian Legislation and Parliamentary Documents ". 67 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

Commonwealth Games Arrangements (Governance) Act 2003 Act No. Endnotes ENDNOTES Victorian Legislation and Parliamentary Documents By Authority. Government Printer for the State of Victoria. 68 551070B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003

 


 

 


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