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Victoria Racing Club Bill
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill.
Clause 2 provides for the commencement of the Bill. The Bill comes into
operation on a day to be proclaimed. However, the Bill will
come into operation on 1 January 2007 if not proclaimed before
then.
This commencement allows time for the preparation of
regulations under Division 3 of Part 2 of the Bill.
Clause 3 sets out the definitions of terms used in the Bill. In particular
"authorised officer" is a person who has been appointed under
Part 9 of the Conservation, Forests and Lands Act 1987 as an
authorised officer; and "Secretary" refers to the body corporate
established by Part 2 of the Conservation, Forests and Lands
Act 1987.
PART 2--VRC LIMITED AND FLEMINGTON RACECOURSE
LAND
Division 1--Functions, Powers and Responsibilities of VRC
Limited in respect of Flemington Racecourse
Clause 4 provides that the powers and functions conferred on VRC
Limited by this Part are only conferred while VRC Limited is the
lessee of the Flemington Racecourse land.
Clause 5 sets out the functions of VRC Limited in relation to the
Flemington Racecourse land which are to manage the land for the
purposes of a public racecourse and to maintain and use the land
for that purpose or any other purpose that is authorised under this
Part of the Bill.
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Clause 6 sets out what VRC Limited may use the Flemington Racecourse
land for.
Paragraph (a) provides that VRC Limited may use the land as a
public racecourse and paragraph (b) provides that VRC Limited
may also use the land for any purpose that is not inconsistent
with its use as a public racecourse.
Clause 7 Sub-clause (1) provides that VRC Limited may use or grant sub-
leases or licences in respect of the Flemington Racecourse land
for any purpose approved in writing by the Crown Land Minister.
Sub-clause (2) provides that the Crown Land Minister may only
approve a purpose under sub-clause (1) if the Minister considers
the purpose--
· to be connected with and beneficial to horse racing in
Victoria; and
· will not prevent or hinder the use or development of the
remaining racecourse land as a public racecourse.
Sub-clause (3) provides that VRC Limited may decide on the
terms and conditions for any sub-lease or licence granted under
sub-clause (1).
Clause 8 provides that VRC Limited must not charge or borrow against the
Flemington Racecourse land.
Clause 9 provides that VRC Limited must ensure that all the buildings at
Flemington Racecourse are maintained.
Clause 10 Sub-clause (1) allows VRC Limited to erect or re-erect buildings
and improvements on the Flemington Racecourse land if they are
necessary or expedient for the land being used as a public
racecourse or not inconsistent with the use of the land as a public
racecourse.
Sub-clause (2) provides that VRC Limited may erect other
buildings and improvements with the approval of the Crown
Land Minister.
Sub-clause (3) provides that the Crown Land Minister may only
grant an approval under sub-clause (2) if the Minister considers
that the erection of the proposed buildings or improvements is
not detrimental to the use of the land as a public racecourse.
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Clause 11 Sub-clause (1) provides that the Governor in Council may grant a
further lease or leases of any part of the land described in the
Crown lease to VRC Limited for a maximum term of 99 years.
Sub-clause (2) provides that a lease granted under sub-clause (1)
may contain options for VRC Limited to renew the lease for a
further term.
Sub-clause (3) provides that if the lease contains options for
renewal, the period of the original term and any further term must
not exceed 99 years in total.
Clause 12 provides that when the Crown Lease over Flemington
Racecourse land expires, VRC Limited may continue to manage
the land for a period of three months on the same terms as if the
land was still subject to the Crown Lease.
Division 2--Maintenance of Flemington Racecourse Land
Clause 13 provides that an authorised officer (defined in clause 3) may
enter the Flemington Racecourse land at any reasonable time and
on reasonable notice to conduct an inspection of the land and
buildings.
Clause 14 provides that an authorised officer must, when conducting an
inspection under clause 13, produce evidence of his or her
appointment as an authorised officer on the request of an officer
or employee of VRC Limited.
Clause 15 Sub-clause (1) provides that if an authorised officer completes an
inspection under clause 13 and the authorised officer believes the
Flemington Racecourse land or buildings on the Flemington
Racecourse land are unfit for the purposes of a public racecourse
or unsafe to the public, the authorised officer must provide an
inspection certificate to the Secretary (defined in clause 3).
Sub-clause (2) provides that an inspection certificate under sub-
clause (1) must be provided to the Secretary as soon as possible
after the inspection has taken place.
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Clause 16 Sub-clause (1) provides that if an inspection certificate is
provided to the Secretary under clause 15, the Secretary may
issue a notice to repair to VRC Limited.
Sub-clause (2) sets out the details of what needs to be specified in
a notice to repair which are--
· the matters identified by the authorised officer in the
inspection certificate;
· how each matter identified needs to be remedied or
addressed;
· a direction to VRC Limited to address these matters;
· a date for the matters to be remedied or addressed;
· a statement that VRC Limited may object to the notice
in accordance with clause 17;
· the date by which any such objection must be made.
Sub-clause (3) provides that the date set out in the notice to repair
by which the identified matters must be remedied or addressed
must be reasonable in the circumstances and not less than 21 days
after the date of the notice.
Sub-clause (4) provides that a notice to repair must be served by
registered post to the registered office of VRC Limited.
Clause 17 Sub-clause (1) allows VRC Limited to object against a notice to
repair to the Crown Land Minister.
Sub-clause (2) provides that an objection under sub-clause (1)
must be in writing, be given to the Crown Land Minister within
the time for objection set out in the notice to repair and set out
the reasons for the objection.
Sub-clause (3) provides that if VRC Limited makes an objection
under this clause, VRC Limited is not required to comply with a
notice to repair until the Crown Land Minister has made a
decision confirming the notice to repair.
Sub-clause (4) provides that before making a decision regarding
an objection by VRC Limited, the Crown Land Minister must
consider the inspection certificate, the notice to repair and
VRC Limited's reasons for objection.
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Sub-clause (5) provides that after considering the matters
specified in sub-clause (4) the Crown Land Minister may either
cancel the notice to repair or confirm the notice with or without
variation.
Sub-clause (6) provides that the Crown Land Minister must
advise VRC Limited of a decision under sub-clause (5).
Sub-clause (7) provides that advice under sub-clause (6) must be
in writing and set out the reasons for the decision and be served
by registered post to the registered office of VRC Limited. If the
notice to repair is confirmed the advice must also set out any
variations to the notice and the date by which VRC Limited must
comply with the notice.
Sub-clause (8) provides that the date set out under sub-clause (7)
by which a notice to repair must be complied with must be
reasonable in the circumstances and not less than 21 days after
the date of the advice given by the Crown Land Minister.
Clause 18 Sub-clause (1) allows VRC Limited to apply to the Crown Land
Minister for an extension of time to comply with a notice to
repair.
Sub-clause (2) provides that a request for an extension of time
under sub-clause (1) must be in writing and set out the reasons
why VRC Limited is unable to comply with the notice in the
specified time.
Sub-clause (3) provides that after receiving a request from
VRC Limited under sub-clause (1) the Crown Land Minister may
grant the request and set a new date for compliance with the
notice to repair.
Clause 19 provides that unless the notice to repair is cancelled under
clause 17, VRC Limited must comply with the notice to repair on
or before the last of the following to occur--
· by the date set out in the notice;
· if an objection to the notice has been rejected by the
Crown Land Minister under clause 17, the date
specified by the Minister when the Minister advises
VRC Limited of the rejection;
· if an extension of time to comply with the notice to
repair is granted under clause 18, the new date specified
by the Crown Land Minister.
Failure to comply with this clause will attract a penalty of
60 penalty units.
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Division 3--Regulations for Flemington Racecourse Land
Clause 20 Sub-clause (1) gives the Minister for Racing the power to make
regulations in relation to the care, protection and good order of
the Flemington Racecourse land; the safety of people and animals
on the Flemington Racecourse; the setting of fees for admission
or other charges in respect of services and facilities on the
Flemington Racecourse land; the reservation of particular areas
of the Flemington Racecourse land by VRC Limited for specific
purposes; and any other matter that the Minister for Racing
considers necessary to ensure the Flemington Racecourse land is
managed pursuant to the provisions of this Bill.
Sub-clause (2) provides that the regulations may confer on
VRC Limited any duties and responsibilities the Minister
considers necessary.
Sub-clause (3) provides that the regulations may impose penalties
of not more than 20 penalty units for non-compliance with those
regulations.
Sub-clause (4) provides that the regulations and any revocation of
or amendment to the regulations must be published in the
Government Gazette.
Division 4--Resumption of Crown Lease
Clause 21 Sub-clause (1) provides that the Crown Land Minister may
declare the Crown lease to be terminated by notice in the
Government Gazette if--
(a) he or she is satisfied that the Flemington Racecourse land
has, without the Governor in Council's consent, not been
maintained and used as a public racecourse, or for another
purpose authorised by the Bill, for a continuous period of
11 months; and
(b) VRC Limited has not rectified the matter within 30 days of
receiving notice to do so from the Minister.
Sub-clause (2) provides that the Minister must not declare the
Crown lease to be terminated without giving VRC Limited the
opportunity to be heard.
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Clause 22 provides that the effect of a declaration under clause 21 is that
any interest under the lease ceases and the right and title of
VRC Limited to the lease is terminated. The Crown is entitled to
resume possession of the Flemington Racecourse land.
Clause 23 provides that the Flemington Racecourse land will revert to the
Crown in the event that VRC Limited is wound up.
Clause 24 Sub-clause (1) provides that if the Crown takes possession of the
Flemington Racecourse land under Division 4, the Crown must
pay VRC Limited compensation for the value of all buildings and
improvements on the Flemington Racecourse land.
Sub-clause (2) provides that any dispute in relation to the amount
of compensation to be paid under sub-clause (1) must be resolved
in accordance with Part 10 of the Land Acquisition and
Compensation Act 1986.
Clause 25 provides that the Registrar of Titles must make any necessary
amendments to the Register because of the operation of this Part
of the Bill upon request and submission of relevant
documentation.
PART 3--TRANSFER OF PROPERTY, RIGHTS AND
LIABILITIES TO VRC LIMITED
Clause 26 sets out the definitions of terms used in this Part of the Bill.
In particular "old body" means the Victoria Racing Club (VRC),
the Chairman of the VRC, or the collective members of the VRC.
Clause 27 Sub-clause (1) provides that the Crown lease for the Flemington
Racecourse land will vest in VRC Limited on the day that the
Bill comes into operation.
Sub-clause (2) provides that on and after the day that the Bill
comes into operation all references to the lessee in the Crown
lease will be read as references to VRC Limited.
Clause 28 Sub-clause (1) provides that any existing sub-lease or licence will
have effect as if it had been granted by VRC Limited from the
day that the Bill comes into operation.
Sub-clause (2) provides that any reference to an old body in any
existing sub-lease or licence will be read as a reference to
VRC Limited from the day that the Bill comes into operation.
Sub-clause (3) provides that nothing in this clause regarding
existing sub-leases and licences gives any person the right to
repudiate any existing sub-lease or licence.
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Clause 29 provides that VRC Limited will be substituted as a party to any
legal proceedings that an old body was party to from the day the
Bill comes into operation.
Clause 30 provides that all existing property and rights that were vested in
an old body will be vested in VRC Limited from the day the Bill
comes into operation.
Clause 31 provides that all existing liabilities of an old body will be deemed
to be liabilities of VRC Limited from the day the Bill comes into
operation.
Clause 32 provides that the VRC's race-course licence held under the
Racing Act 1958 will be deemed to be held by VRC Limited
from the day the Bill comes into operation.
Clause 33 provides that the VRC's racing-club licence held under the
Racing Act 1958 will be deemed to be held by VRC Limited
from the day the Bill comes into operation.
Clause 34 provides that the VRC's venue operator's licence held under the
Gambling Regulation Act 2003 will be deemed to be held by
VRC Limited from the day the Bill comes into operation.
Clause 35 provides that the VRC's on-premise licence held under the
Liquor Control Reform Act 1998 will be deemed to be held by
VRC Limited from the day the Bill comes into operation.
Clause 36 provides that all references to an old body in any Act, instrument
or document will be read as references to VRC Limited from the
day the Bill comes into operation.
Clause 37 provides that no duty or tax will be payable on acts or
transactions done under or by reason of this Part including a
transaction entered into or an instrument made or connected with
the transfer of rights, assets, liabilities, property, debts or
liabilities from an old body to VRC Limited.
This clause only applies to Part 3 of the Bill regarding the
transfer of assets, rights and liabilities to VRC Limited.
Clause 38 provides that nothing done under this Part of the Bill will place
the old body, the State, a Minister or VRC Limited in breach of
contract; guilty of any civil wrong; in breach of any Act or other
law or agreement.
Nothing done under this Part of the Bill will give a person the
right to terminate any obligations or agreement; or release any
person or entity from any obligation.
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Clause 39 provides that the Registrar of Titles must make any necessary
amendments to the Register in relation to this Part of the Bill
upon request and submission of relevant documentation.
PART 4--REPEALS AND CONSEQUENTIAL AMENDMENTS
Clause 40 repeals the following Acts--
· The Victoria Racing Club Act 1871;
· Victoria Racing Club Act 1881;
· The Victoria Racing Club Act 1930;
· The Victoria Racing Club Act 1956;
· The Victoria Racing Club (Amendment) Act 1993.
Clause 41 makes a consequential amendment to the Racing Act 1958.
Clause 42 inserts the "Victoria Racing Club Act 2006" into Schedule 1 to
the Conservation, Forests and Lands Act 1987 so that the Bill
is a relevant law for the purposes of the Conservation, Forests
and Lands Act 1987.
Clause 43 makes a consequential amendment to the Cultural and
Recreational Lands Act 1963.
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