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MELBOURNE AND OLYMPIC PARKS (AMENDMENT) BILL 1997

                 PARLIAMENT OF VICTORIA

  Melbourne and Olympic Parks (Amendment) Act
                     1997
                                 Act No.


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     New section 18 substituted and sections 17A and 18A repealed      5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

NOTES                                                                      8




                                     i
531195B.I1-20/5/97

 


 

Clause Page THIS PAGE IS TO BE MASKED ii 531195B.I1-20/5/97

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Melbourne and Olympic Parks Act 1985 to extend the functions of the Melbourne and Olympic Parks Trust and for other purposes. Melbourne and Olympic Parks (Amendment) Act 1997 The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Melbourne and Olympic Parks Act 1985 to extend the functions of the Melbourne and 5 Olympic Parks Trust. 1 531195B.I1-20/5/97

 


 

Melbourne and Olympic Parks (Amendment) Act 1997 s. 2 Act No. 2. Commencement (1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent. 5 (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 November 1997, 10 it comes into operation on that date. 3. Purposes In section 3 of the Melbourne and Olympic Parks Act 1985-- (a) in paragraph (a), for "and Olympic Park" 15 substitute ", Olympic Park and certain other land and facilities"; (b) after paragraph (c), insert-- "; and (d) to provide for the development, 20 promotion, management, operation and use of sports, recreation and entertainment facilities and services in Victoria in addition to those at the National Tennis Centre and Olympic 25 Park.". 4. Powers and functions (1) In section 6(1) of the Melbourne and Olympic Parks Act 1985, for paragraphs (e) and (f) substitute-- 30 "(e) to provide for the planning, development, promotion, management, operation and use of other sports, recreation and entertainment facilities and services in Victoria; and 2 531195B.I1-20/5/97

 


 

Melbourne and Olympic Parks (Amendment) Act 1997 s. 5 Act No. (f) to provide for the development, promotion, management, operation and use of facilities and services for the parking of vehicles and other necessary services to be used in 5 conjunction with any of the facilities operated or managed by the Trust; and (g) to accept appointment and act as a committee of management of Crown lands.". (2) After section 6(1) of the Melbourne and 10 Olympic Parks Act 1985 insert-- "(1A) The Trust must not carry out any of its functions with respect to land, facilities or services outside the National Tennis Centre or Olympic Park or exercise any powers in 15 relation to those functions without the approval of the Premier, the Treasurer and the Minister.". 5. Further powers In section 7 of the Melbourne and Olympic 20 Parks Act 1985-- (a) for paragraph (b) substitute-- "(b) in the case of any other land or facilities managed or operated by the Trust-- 25 (i) grant licences or permits for the use or development of the whole or any part of that land or those facilities; or (ii) enter into leases;"; 30 (b) in paragraphs (e)(i) and (f), after "the National Tennis Centre or Olympic Park" insert "or any other land, facilities or services managed or operated by the Trust"; 3 531195B.I1-20/5/97

 


 

Melbourne and Olympic Parks (Amendment) Act 1997 s. 6 Act No. (c) in paragraph (e)(ii), after "Park" insert "or any other facilities or services managed or operated by the Trust". 6. The Association 5 (1) Part 3 of the Melbourne and Olympic Parks Act 1985 is repealed. (2) In section 4 of the Melbourne and Olympic Parks Act 1985 omit the definition of "Association". 10 (3) In section 8(b) of the Melbourne and Olympic Parks Act 1985 for "Association" substitute "Lawn Tennis Association of Australia". 7. Melbourne and Olympic Parks Trust Fund In section 17 of the Melbourne and Olympic 15 Parks Act 1985-- (a) in sub-section (1), for "National Tennis Centre Fund" substitute "Melbourne and Olympic Parks Trust Fund"; (b) in sub-section (2)(a), for "the Centre" 20 substitute "the National Tennis Centre, Olympic Park or any other land, facilities or services operated or managed by the Trust"; (c) in sub-sections (2)(c) and (3)(a), after "the National Tennis Centre" insert ", Olympic 25 Park or any other land, facilities or services operated or managed by the Trust"; (d) in sub-section (3)(b), for "remuneration" substitute "fees"; 4 531195B.I1-20/5/97

 


 

Melbourne and Olympic Parks (Amendment) Act 1997 s. 8 Act No. (e) for sub-section (3)(c) substitute-- "(c) in payment of the costs of the management of the National Tennis Centre, Olympic Park or any other land, 5 facilities or services operated or managed by the Trust including the costs of employing people for the purposes of managing and operating the land, facilities or services;"; 10 (f) in sub-section (3), omit paragraph (d); (g) after sub-section (3) (e) insert-- "(f) in payment of any other amount authorised or required to be paid out of the Fund under this Act or agreed to by 15 the Trust and the Minister to be paid out of the Fund.". 8. New section 18 substituted and sections 17A and 18A repealed For sections 17A, 18 and 18A of the Melbourne 20 and Olympic Parks Act 1985 substitute-- "18. Borrowing and investment powers The Trust has the powers conferred on it by the Borrowing and Investment Powers Act 1987.". 25 9. Regulations and powers of removal (1) In section 22 (1)(a) of the Melbourne and Olympic Parks Act 1985, for "or Olympic Park" substitute ", Olympic Park or any other land, facilities or services managed or operated by the 30 Trust". (2) In sections 22(1) (b) and (c) and 22A(1) and (2) of the Melbourne and Olympic Parks Act 1985, 5 531195B.I1-20/5/97

 


 

Melbourne and Olympic Parks (Amendment) Act 1997 s. 10 Act No. for "or Olympic Park" substitute ", Olympic Park or any other land or facilities managed or operated by the Trust". 10. New Part 7 inserted 5 After section 32 of the Melbourne and Olympic Parks Act 1985, insert-- "PART 7--TRANSITIONALS 33. Abolition of Funds and transitional (1) On the commencement of section 7 of the 10 Melbourne and Olympic Parks (Amendment) Act 1997-- (a) the National Tennis Centre Fund and the Olympic Park Fund are abolished; (b) any money or amounts standing to the 15 credit of the National Tennis Centre Fund and the Olympic Park Fund immediately before that date must be taken to form part of the Melbourne and Olympic Parks Trust Fund; 20 (c) any income received by the Trust from investments of the National Tennis Centre Fund and the Olympic Park Fund after that date must be paid into the Melbourne and Olympic Parks 25 Trust Fund. (2) Any sums required by the Treasurer in fulfilling any liability arising under a guarantee given under section 18 or 18A as in force immediately before the 30 commencement of section 8 of the Melbourne and Olympic Parks (Amendment) Act 1997 shall be paid out of the Consolidated Fund which is to the necessary extent appropriated accordingly. 6 531195B.I1-20/5/97

 


 

Melbourne and Olympic Parks (Amendment) Act 1997 s. 11 Act No. (3) Any sums received or recovered by the Treasurer in respect of any sums paid by the Treasurer under a guarantee given under section 18 or 18A as in force immediately 5 before the commencement of section 8 of the Melbourne and Olympic Parks (Amendment) Act 1997 shall be paid into the Consolidated Fund.". 11. Statute law revision 10 For section 22(3) and (4) of the Melbourne and Olympic Parks Act 1985 substitute-- "(3) The regulations are subject to disallowance by a House of the Parliament.". 12. Amendment of Borrowing and Investment Powers Act 15 1987 No.13/1987. In Schedule 1 to the Borrowing and Investment Powers Act 1987, after item 7 insert-- "7AA. Melbourne and Olympic 5, 8, 10, 12, 14, Parks Trust 20, 21". 7 531195B.I1-20/5/97

 


 

Melbourne and Olympic Parks (Amendment) Act 1997 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 8 531195B.I1-20/5/97

 


 

 


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