Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Sports and Entertainment Trust Bill 2023
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Minister may declare places to be venues 4
5. Act binds Crown 4
Part 2 -- Sports and Entertainment
Trust
6. Trust established 5
7. Trust may use trading or business names 5
8. Trust's status 5
9. Trust's functions 5
10. Trust's powers 7
11. General restrictions on Trust's powers 10
12. Requirement for approval to participate in business
arrangements 10
13. Delegation 11
Part 3 -- Administration of Trust
Division 1 -- Board
Subdivision 1 -- How Board is constituted
14. Board is governing body 12
15. Board membership 12
16. Chairperson and deputy chairperson 13
17. Term of office 13
18. Casual vacancies, resignation and removal from
office 13
19. Extension of term of office 14
115--1 page i
Sports and Entertainment Trust Bill 2023
Contents
20. Alternate Board members 15
21. Remuneration and allowances 15
Subdivision 2 -- Board meetings
22. Holding meetings 15
23. Quorum 15
24. Presiding Board members 16
25. Procedure at meetings 16
26. Voting 16
27. Holding meetings remotely 16
28. Resolution without meeting 16
29. Minutes 17
30. CEO may attend meetings 17
Subdivision 3 -- Committees
31. Committees 17
32. Remuneration and allowances 18
Subdivision 4 -- Disclosure of material personal
interests
33. Disclosure of material personal interests 18
34. Voting by interested member 19
35. Section 34 may be declared inapplicable 19
36. Quorum if s. 34 applies 20
37. Minister may declare s. 34 and 36 inapplicable 20
Subdivision 5 -- Execution of documents
38. Execution of documents of Trust 20
Division 2 -- Staff of Trust
Subdivision 1 -- CEO
39. CEO of Sports and Entertainment Trust 21
40. Appointment 22
41. Remuneration and allowances 22
42. Resignation and removal from office 22
43. Other conditions of service 23
Subdivision 2 -- Acting CEO
44. Acting CEO 23
Subdivision 3 -- Other staff of Trust
45. Term used: employing authority 24
46. Other staff of Trust 24
47. Use of government staff and facilities 24
page ii
Sports and Entertainment Trust Bill 2023
Contents
Part 4 -- Accountability and
financial provisions
Division 1 -- Accountability
48. Minister may give directions 26
49. Minister must be kept informed 26
50. Minister to have access to information 26
51. Protection for disclosure or compliance with
directions 27
Division 2 -- Financial provisions
52. Application of Financial Management Act 2006
and Auditor General Act 2006 28
53. Sports and Entertainment Trust Account 28
54. Trust's funds 28
55. Borrowing 28
56. Treasurer's guarantee 29
57. Charges for guarantee 29
58. Certain property and instruments exempt from
rates, taxes and duty 29
59. Notice of financial difficulty 30
Part 5 -- Control of conduct on Trust
property
Division 1 -- Trust officers
60. Appointment of Trust officers 31
61. Eligibility for appointment as Trust officer 32
62. Restrictions on functions 33
63. Identity cards 33
Division 2 -- Offences
64. Invasion of arena 34
Division 3 -- Removal and identification of
persons
65. Removal of persons 34
66. Trust officer may require person to give personal
details 35
Division 4 -- Exclusion of persons
Subdivision 1 -- Temporary exclusion of persons
67. Temporary exclusion order 36
68. Form and contents of temporary exclusion order 37
page iii
Sports and Entertainment Trust Bill 2023
Contents
69. Person must comply with temporary exclusion
order 37
Subdivision 2 -- Permanent exclusion of persons
70. Permanent exclusion order 38
71. Form and contents of permanent exclusion order 38
72. Person must comply with permanent exclusion
order 39
Subdivision 3 -- Reconsideration and review of
exclusion orders
73. Board may reconsider its decision 39
74. Review by SAT of Board's decision under s. 73(4) 40
Part 6 -- Miscellaneous
75. Protection from liability for wrongdoing 41
76. Confidentiality 41
77. Authorised use or disclosure of information 42
78. Laying documents before House of Parliament not
sitting 42
79. General regulations 43
80. Vehicular traffic regulations 44
81. Review of Act 46
Part 7 -- Transitional and savings
provisions
Division 1 -- Preliminary
82. Terms used 47
83. Interpretation Act 1984 not affected 48
Division 2 -- Western Australian Sports Centre
Trust abolished
84. Western Australian Sports Centre Trust abolished 48
Division 3 -- Transfer of the Western
Australian Sports Centre Trust's assets,
rights and liabilities
85. Assets, rights and liabilities 48
86. Western Australian Sports Centre Trust Account 49
87. Other income 49
88. Reserves 50
89. Registration of documents 51
90. Exemption from State tax 51
page iv
Sports and Entertainment Trust Bill 2023
Contents
Division 4 -- General manager and other staff
of the Western Australian Sports Centre
Trust
91. General manager of Centre 52
92. Other staff 53
Division 5 -- Continuing effect of things done
93. Continuation of functions and powers 54
94. Continuation of directions 54
95. Continuing effect of acts, matters or things done 54
96. Contracts, agreements, arrangements and other
instruments 55
Division 6 -- Other transitional provisions
97. Transitional regulations 55
98. Savings 57
Part 8 -- Repeals and consequential
amendments
Division 1 -- Repeals
99. Written laws repealed 58
Division 2 -- Consequential amendments
100. Constitution Acts Amendment Act 1899 amended 58
101. Financial Management Act 2006 amended 58
102. Perry Lakes Redevelopment Act 2005 amended 59
103. Statutory Corporations (Liability of Directors)
Act 1996 amended 59
Defined terms
page v
Western Australia
LEGISLATIVE COUNCIL
Sports and Entertainment Trust Bill 2023
A Bill for
An Act --
• to establish the Sports and Entertainment Trust; and
• to repeal the Western Australian Sports Centre Trust Act 1986 and
the Western Australian Sports Centre Trust (Traffic)
Regulations 2017; and
• to make consequential amendments to various Acts.
The Parliament of Western Australia enacts as follows:
page 1
Sports and Entertainment Trust Bill 2023
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Sports and Entertainment Trust Act 2023.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 (other than sections 3 to 5) -- on the day on
7 which this Act receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Terms used
11 In this Act --
12 Board means the governing body of the Trust provided for
13 under section 14(1);
14 Board member has the meaning given in section 15(1);
15 CEO has the meaning given in section 39(1);
16 committee means a committee appointed by the Board under
17 section 31(1);
18 direction to leave has the meaning given in section 65(1);
19 exclusion order means --
20 (a) a permanent exclusion order; or
21 (b) a temporary exclusion order;
22 LA Act means the Land Administration Act 1997;
23 permanent exclusion order has the meaning given in
24 section 70(1);
25 Sports and Entertainment Trust Account means the account
26 established under section 53(1);
27 staff member means --
28 (a) the CEO; or
page 2
Sports and Entertainment Trust Bill 2023
Preliminary Part 1
s. 3
1 (b) a person appointed, employed or engaged as mentioned
2 in section 46;
3 temporary exclusion order has the meaning given in
4 section 67(1);
5 Trust means the Sports and Entertainment Trust established by
6 section 6(1);
7 Trust officer means a person appointed under section 60(1) to
8 be a Trust officer;
9 Trust property means --
10 (a) a Trust venue; or
11 (b) any other real or personal property --
12 (i) owned by, or leased to, the Trust; or
13 (ii) vested in, or placed under the care, control and
14 management of, the Trust under a written law;
15 Trust venue means --
16 (a) a place referred to in paragraph (a) in the definition of
17 venue; or
18 (b) a venue --
19 (i) owned by, or leased to, the Trust; or
20 (ii) vested in, or placed under the care, control and
21 management of, the Trust under a written law;
22 venue means --
23 (a) a place declared under section 4(1) to be a venue used,
24 or intended to be used, wholly or partly for sports,
25 entertainment or recreational purposes; or
26 (b) any other place used, or intended to be used, wholly or
27 partly for sports, entertainment or recreational purposes
28 and including any of the following --
29 (i) facilities for holding competitive sporting events
30 of international, national and State standards;
page 3
Sports and Entertainment Trust Bill 2023
Part 1 Preliminary
s. 4
1 (ii) facilities for training sportspersons who are
2 seeking to improve their sporting standards,
3 performances or skills;
4 (iii) sports education facilities for the purpose of
5 developing the skills or potential skills of sports
6 administrators, coaches and sportspersons;
7 (iv) facilities for holding entertainment or
8 recreational events;
9 (v) accommodation or other ancillary facilities as
10 may be required for the effective operation of
11 any place to which this paragraph applies.
12 4. Minister may declare places to be venues
13 (1) The Minister may, by notice published in the Gazette, declare a
14 place to be a venue used, or intended to be used, wholly or
15 partly for sports, entertainment or recreational purposes.
16 (2) The declaration may be expressed to have effect for a period
17 specified in the declaration.
18 5. Act binds Crown
19 This Act binds the Crown in right of Western Australia and, so
20 far as the legislative power of the Parliament permits, the Crown
21 in all its other capacities.
page 4
Sports and Entertainment Trust Bill 2023
Sports and Entertainment Trust Part 2
s. 6
1 Part 2 -- Sports and Entertainment Trust
2 6. Trust established
3 (1) The Sports and Entertainment Trust is established.
4 (2) The Trust is a body corporate with perpetual succession.
5 (3) Proceedings may be taken by or against the Trust in its
6 corporate name.
7 7. Trust may use trading or business names
8 (1) The Trust may use and operate under 1 or more trading or
9 business names that --
10 (a) comply with subsection (2); and
11 (b) are approved by the Minister.
12 (2) A trading or business name may be --
13 (a) an abbreviation or adaptation of the Trust's corporate
14 name; or
15 (b) a name other than the Trust's corporate name.
16 (3) Notice of approval of a name under subsection (1) must be
17 published in the Gazette.
18 8. Trust's status
19 The Trust is an agent of the Crown and has the status,
20 immunities and privileges of the Crown.
21 9. Trust's functions
22 (1) In this section --
23 promote, in relation to an activity, includes attract, organise,
24 commission, fund, invest in, support, market, advertise and act
25 as project manager.
page 5
Sports and Entertainment Trust Bill 2023
Part 2 Sports and Entertainment Trust
s. 9
1 (2) The Trust has the following functions --
2 (a) to establish, care for, control, manage, operate, maintain,
3 develop and improve Trust venues and other Trust
4 property;
5 (b) to use, or authorise the use of, Trust venues and other
6 Trust property for --
7 (i) the holding of competitive sporting events of
8 international, national and State standards; or
9 (ii) the training of sportspersons who are seeking to
10 improve their sporting standards, performances
11 or skills; or
12 (iii) the development of skills of sports
13 administrators, coaches and sportspersons; or
14 (iv) the purpose of public entertainment or recreation;
15 or
16 (v) the holding of entertainment or recreational
17 events; or
18 (vi) activities of a cultural or educational nature; or
19 (vii) any other purpose approved by the Minister; or
20 (viii) any purpose ancillary to activities or purposes
21 referred to in subparagraphs (i) to (vii);
22 (c) to encourage, foster, promote and facilitate the use and
23 enjoyment of Trust venues and other Trust property;
24 (d) without limiting paragraph (c), to promote, or take part
25 in promoting, activities conducted at Trust venues;
26 (e) to promote public awareness of, and foster public
27 interest in, matters relating or incidental to sports and
28 entertainment;
29 (f) without limiting paragraph (e), to promote and provide
30 educational and training activities in relation to sports
31 and entertainment;
page 6
Sports and Entertainment Trust Bill 2023
Sports and Entertainment Trust Part 2
s. 10
1 (g) to do any other thing consistent with the use and
2 enjoyment by the public of a Trust venue as the Board
3 considers appropriate;
4 (h) to undertake or provide, or facilitate the undertaking or
5 provision of, promotional, commercial, operational or
6 retail activities and facilities in, or in relation to, a Trust
7 venue;
8 (i) to perform any other functions that are conferred or
9 imposed on it by this Act or another written law.
10 10. Trust's powers
11 (1) In this section --
12 acquire includes taking on lease or licence or in any other
13 manner in which an interest in property may be acquired;
14 business arrangement means a company, a partnership, a trust,
15 a joint venture, an arrangement or agreement for sharing profits
16 or an arrangement or agreement for sponsorship;
17 dispose of includes to dispose of by way of lease or licence or in
18 any other manner;
19 participate in a business arrangement includes to form,
20 promote, establish, enter into, manage, dissolve, wind up and do
21 anything incidental to the business arrangement;
22 work includes the following --
23 (a) the development or redevelopment of an area of land;
24 (b) the construction, reconstruction or demolition of any
25 building;
26 (c) the provision of audience accommodation, either seating
27 or standing or both.
28 (2) The Trust has all the powers it needs to perform its functions.
page 7
Sports and Entertainment Trust Bill 2023
Part 2 Sports and Entertainment Trust
s. 10
1 (3) Without limiting subsection (2), the Trust may, for the purposes
2 of performing any of its functions, do all or any of the
3 following --
4 (a) acquire, hold, dispose of or otherwise deal in real or
5 personal property;
6 (b) carry out, or arrange to be carried out, work in
7 connection with the maintenance, development and
8 improvement of any Trust venue or other Trust property
9 and, in particular, for the purpose of making any Trust
10 venue or other Trust property suitable for the activities
11 or purposes referred to in section 9(2)(b);
12 (c) enter into a contract or other arrangement, including a
13 contract or arrangement for the provision of services to
14 the Trust;
15 (d) without limiting paragraph (c), enter into a contract or
16 arrangement for any person to manage any Trust venue;
17 (e) provide, or permit any person to provide, refreshments
18 (including liquor) at Trust venues and apply for, hold
19 and dispose of any licence, permit or other authority
20 required in connection with the provision of those
21 refreshments;
22 (f) participate in a business arrangement and acquire, hold
23 and dispose of shares, units or other interests in or
24 relating to a business arrangement;
25 (g) cooperate with, and provide financial or other assistance
26 to, other bodies and individuals;
27 (h) produce and deal in any equipment, facilities or system
28 associated with the performance of its functions;
29 (i) develop and turn to account any technology, software,
30 resource or intellectual property that relates to its
31 functions and, for that purpose, apply for, hold, receive,
32 exploit and dispose of any intellectual property;
page 8
Sports and Entertainment Trust Bill 2023
Sports and Entertainment Trust Part 2
s. 10
1 (j) provide and turn to account advertising opportunities or
2 opportunities to participate in arrangements in the nature
3 of advertising or having a purpose similar to advertising;
4 (k) use its expertise and resources to provide consultancy,
5 management, advisory or other services for a fee or
6 otherwise;
7 (l) require payment of rent, fees or other charges for, or in
8 connection with --
9 (i) the hire or use of a Trust venue, or any part of a
10 Trust venue, or any other Trust property; or
11 (ii) entry to a Trust venue or any part of a Trust
12 venue; or
13 (iii) admission to any activity at a Trust venue; or
14 (iv) the parking of vehicles on or in any part of a
15 Trust venue;
16 (m) fix the amount of rent, fees or charges referred to in
17 paragraphs (k) and (l) with power to waive, reduce or
18 refund the amount payable in particular cases;
19 (n) produce and publish information on matters related to its
20 functions;
21 (o) appoint or engage agents or attorneys;
22 (p) act as agent for other persons.
23 (4) Subsection (3) does not limit subsection (2) or any of the Trust's
24 other powers.
25 (5) The Trust may --
26 (a) make any gift for a charitable purpose or any other
27 purpose of benefit to the community or a section of the
28 community; or
29 (b) accept any gift, bequest or other payment if it is
30 absolute, or subject to conditions that the Trust would be
31 able to satisfy.
page 9
Sports and Entertainment Trust Bill 2023
Part 2 Sports and Entertainment Trust
s. 11
1 (6) In exercising any power under this section, the Trust may act in
2 conjunction with --
3 (a) any person or firm, or public authority; or
4 (b) any department of the Public Service, or other agency or
5 instrumentality, of this State, another State or Territory
6 or the Commonwealth.
7 11. General restrictions on Trust's powers
8 (1) The Trust's power to dispose of real property does not extend to
9 the transfer of Crown land for an estate in fee simple.
10 (2) If any real property is vested in or placed under the care, control
11 and management of the Trust under a written law, the operation
12 of section 10(3)(a) in relation to the property is subject to --
13 (a) the conditions upon which it is vested in or placed under
14 the care, control and management of the Trust; and
15 (b) in the case of land to which the LA Act applies -- that
16 Act.
17 (3) The Trust must not exercise the following powers without the
18 Minister's written approval --
19 (a) the power conferred by section 10(3)(a) to acquire or
20 dispose of real property;
21 (b) the power conferred by section 10(3)(d).
22 12. Requirement for approval to participate in business
23 arrangements
24 (1) The Trust must not exercise a power conferred by
25 section 10(3)(f) in relation to a business arrangement unless the
26 terms and conditions of that business arrangement are terms and
27 conditions approved by the Minister and the Treasurer in respect
28 of --
29 (a) that business arrangement; or
30 (b) business arrangements of that class; or
page 10
Sports and Entertainment Trust Bill 2023
Sports and Entertainment Trust Part 2
s. 13
1 (c) business arrangements generally.
2 (2) The Treasurer may, by written notice given to the Trust, exempt
3 any business arrangement, or class of business arrangement,
4 from the operation of subsection (1) either unconditionally or on
5 conditions specified in the notice.
6 (3) A notice under subsection (2) may be revoked or amended by
7 the Treasurer by written notice given to the Trust.
8 (4) The Treasurer may also give directions to be complied with
9 generally by the Trust in the exercise of the power referred to in
10 subsection (1).
11 13. Delegation
12 (1) The Trust may delegate any power or duty of the Trust under
13 another provision of this Act to --
14 (a) a Board member; or
15 (b) a staff member; or
16 (c) a committee.
17 (2) The delegation must be in writing executed by the Trust.
18 (3) A person or committee to whom or which a power or duty is
19 delegated under this section cannot delegate the power or duty.
20 (4) A person or committee exercising or performing a power or
21 duty that has been delegated to the person or committee under
22 this section is taken to do so in accordance with the terms of the
23 delegation unless the contrary is shown.
24 (5) Nothing in this section limits the ability of the Trust to perform
25 a function through a staff member or an agent.
26 (6) This section does not apply to the execution of documents but
27 authority to execute documents on behalf of the Trust can be
28 given under section 38(5).
page 11
Sports and Entertainment Trust Bill 2023
Part 3 Administration of Trust
Division 1 Board
s. 14
1 Part 3 -- Administration of Trust
2 Division 1 -- Board
3 Subdivision 1 -- How Board is constituted
4 14. Board is governing body
5 (1) The Trust must have a Board.
6 (2) The Board is the governing body of the Trust and, in the name
7 of the Trust, must perform the Trust's functions.
8 15. Board membership
9 (1) The Board consists of 7 persons, each of whom is appointed by
10 the Minister as a Board member.
11 (2) The Minister must ensure that each Board member has
12 knowledge of, and experience in, 1 or more of the following --
13 (a) commerce;
14 (b) law;
15 (c) financial management;
16 (d) human resource management;
17 (e) management of major events;
18 (f) infrastructure planning and management;
19 (g) sport;
20 (h) public administration.
21 (3) A person is not eligible to be appointed as a Board member if
22 the person is, according to the Interpretation Act 1984
23 section 13D, a bankrupt or a person whose affairs are under
24 insolvency laws.
page 12
Sports and Entertainment Trust Bill 2023
Administration of Trust Part 3
Board Division 1
s. 16
1 16. Chairperson and deputy chairperson
2 (1) The Minister must designate a Board member to be the
3 chairperson of the Board and another Board member to be the
4 deputy chairperson of the Board.
5 (2) If the chairperson is unable to act or if there is no chairperson,
6 the deputy chairperson must act in the chairperson's place.
7 (3) An act or omission of the deputy chairperson acting in the
8 chairperson's place cannot be questioned on the ground that the
9 occasion to act in the chairperson's place had not arisen or had
10 ceased.
11 17. Term of office
12 (1) A Board member --
13 (a) holds office for the period, not exceeding 3 years,
14 specified in the instrument of appointment; and
15 (b) is eligible for reappointment once or more than once.
16 (2) A Board member cannot hold office for more
17 than 3 consecutive terms.
18 18. Casual vacancies, resignation and removal from office
19 (1) The office of a Board member becomes vacant if the Board
20 member --
21 (a) dies, resigns or is removed from office under this
22 section; or
23 (b) becomes, according to the Interpretation Act 1984
24 section 13D, a bankrupt or a person whose affairs are
25 under insolvency laws; or
26 (c) is convicted of an offence punishable by imprisonment
27 for more than 12 months; or
28 (d) is convicted of an offence under section 33(1) or (2)
29 or 76(1).
page 13
Sports and Entertainment Trust Bill 2023
Part 3 Administration of Trust
Division 1 Board
s. 19
1 (2) A Board member may at any time resign from office by written
2 notice given to the Minister.
3 (3) Except as provided in subsection (4), the resignation takes effect
4 on the day on which it is received by the Minister.
5 (4) If the resignation specifies a day on which it is to have effect
6 that is later than the day on which the resignation is received by
7 the Minister, the resignation takes effect on the day specified in
8 the resignation.
9 (5) The Minister may remove a Board member from office --
10 (a) on the grounds of neglect of duty; or
11 (b) on the grounds of misconduct or incompetence; or
12 (c) on the grounds of mental or physical incapacity, other
13 than temporary illness, impairing the performance of the
14 Board member's duties; or
15 (d) on the grounds of absence, without leave, from 3
16 consecutive meetings of the Board of which the Board
17 member has had notice; or
18 (e) for any other reasonable cause.
19 19. Extension of term of office
20 If the office of a Board member becomes vacant because the
21 Board member's term of office expires by effluxion of time, the
22 Board member continues to be a Board member during that
23 vacancy until the earliest of the following --
24 (a) the end of the period of 3 months immediately following
25 the expiry of the term of office;
26 (b) the vacancy being filled;
27 (c) the Board member resigning;
28 (d) the Board member being removed from office under
29 section 18(5).
page 14
Sports and Entertainment Trust Bill 2023
Administration of Trust Part 3
Board Division 1
s. 20
1 20. Alternate Board members
2 (1) If a Board member is unable to act, the Minister may appoint
3 another person as an alternate Board member to act temporarily
4 in the Board member's place.
5 (2) Subsection (1) does not apply in relation to the chairperson.
6 (3) If the deputy chairperson is acting in the chairperson's place, the
7 Minister may, under subsection (1), appoint another person as
8 an alternate Board member to act temporarily in the deputy
9 chairperson's place.
10 (4) While acting in accordance with the appointment, the alternate
11 Board member is taken to be, and to have any entitlement of, a
12 Board member.
13 21. Remuneration and allowances
14 A Board member is entitled to be paid any remuneration and
15 allowances as the Minister may from time to time determine on
16 the recommendation of the Public Sector Commissioner.
17 Subdivision 2 -- Board meetings
18 22. Holding meetings
19 (1) The first meeting of the Board must be convened by the
20 chairperson and subsequent meetings, unless convened under
21 subsection (2), must be held at times and places determined by
22 the Board.
23 (2) A special meeting of the Board may at any time be convened by
24 the chairperson.
25 23. Quorum
26 The quorum for a meeting of the Board is 4 Board members.
page 15
Sports and Entertainment Trust Bill 2023
Part 3 Administration of Trust
Division 1 Board
s. 24
1 24. Presiding Board members
2 (1) The chairperson, if present, must preside at a meeting of the
3 Board.
4 (2) If neither the chairperson, nor the deputy chairperson acting as
5 the chairperson, is presiding under subsection (1), the Board
6 members present at the meeting must elect 1 of their number to
7 preside.
8 25. Procedure at meetings
9 The Board must determine its own meeting procedures to the
10 extent that they are not fixed by this Act.
11 26. Voting
12 (1) At a meeting of the Board, each Board member present has a
13 deliberative vote unless section 34 prevents the member from
14 voting.
15 (2) In the case of an equality of votes, the presiding Board member
16 has a casting vote in addition to a deliberative vote.
17 (3) A question is resolved according to how a majority of the votes
18 are cast.
19 27. Holding meetings remotely
20 The presence of a Board member at a meeting of the Board need
21 not be by attendance in person but may be by that Board
22 member and each other Board member at the meeting being
23 simultaneously in contact by telephone or other means of
24 instantaneous communication.
25 28. Resolution without meeting
26 A resolution in writing signed or otherwise assented to in
27 writing by at least 4 Board members has the same effect as if it
28 had been passed at a meeting of the Board.
page 16
Sports and Entertainment Trust Bill 2023
Administration of Trust Part 3
Board Division 1
s. 29
1 29. Minutes
2 The Board must cause accurate minutes to be kept of the
3 proceedings at each meeting of the Board.
4 30. CEO may attend meetings
5 (1) In this section --
6 relevant person means --
7 (a) the CEO; or
8 (b) a person authorised in writing by the CEO to attend a
9 meeting of the Board as the representative of the CEO.
10 (2) Except as provided in subsection (3), a relevant person may
11 attend meetings of the Board and participate in its deliberations
12 but cannot vote at a meeting of the Board.
13 (3) If the Board requests a relevant person not to attend a particular
14 meeting, or part of a particular meeting, the relevant person
15 must comply with the request.
16 (4) Sections 27, 33, 34 and 35 apply, with any necessary
17 modifications, to a relevant person in relation to attendance at
18 meetings of the Board as if the relevant person were a Board
19 member.
20 Subdivision 3 -- Committees
21 31. Committees
22 (1) The Board may --
23 (a) appoint committees to investigate and advise the Trust
24 on any aspect of its functions or assist the Trust in the
25 performance of its functions; and
26 (b) discharge or alter any committee it has appointed.
27 (2) A committee may include persons who are not Board members
28 but must include at least 1 Board member.
page 17
Sports and Entertainment Trust Bill 2023
Part 3 Administration of Trust
Division 1 Board
s. 32
1 (3) The Board may give directions to a committee on the following
2 matters --
3 (a) the committee's functions;
4 (b) the committee's procedures;
5 (c) reporting by the committee on the performance of its
6 functions.
7 (4) A committee must comply with a direction of the Board.
8 (5) A committee may determine its own procedures but they must
9 be consistent with any directions of the Board and the terms of
10 any delegation under which the committee is acting.
11 (6) A committee must --
12 (a) keep minutes of its meetings to a standard approved by
13 the Board; and
14 (b) provide the Board with a copy of the minutes of each
15 meeting.
16 32. Remuneration and allowances
17 A member of a committee is entitled to be paid any
18 remuneration and allowances that the Minister may from time to
19 time determine on the recommendation of the Public Sector
20 Commissioner.
21 Subdivision 4 -- Disclosure of material personal interests
22 33. Disclosure of material personal interests
23 (1) A Board member who has a material personal interest in a
24 matter being considered or about to be considered at a meeting
25 of the Board must, as soon as possible after the relevant facts
26 have come to the Board member's knowledge, disclose the
27 nature of the interest at a meeting of the Board.
28 Penalty for this subsection: a fine of $10 000.
page 18
Sports and Entertainment Trust Bill 2023
Administration of Trust Part 3
Board Division 1
s. 34
1 (2) A member of a committee who has a material personal interest
2 in a matter being considered or about to be considered by the
3 committee must, as soon as possible after the relevant facts have
4 come to the member's knowledge, disclose the nature of the
5 interest at a meeting of the committee.
6 Penalty for this subsection: a fine of $10 000.
7 (3) Subsection (2) applies to a person who is a member of a
8 committee and also a Board member even though the person has
9 already disclosed the nature of the interest at a meeting of the
10 Board.
11 (4) A disclosure under subsection (1) or (2) must be recorded in the
12 minutes of the meeting.
13 34. Voting by interested member
14 (1) A Board member or a member of a committee who has a
15 material personal interest in a matter being considered or about
16 to be considered by the Board or the committee --
17 (a) cannot vote, whether at a meeting or otherwise, on the
18 matter; and
19 (b) must not be present while the matter is being considered
20 at a meeting.
21 (2) A reference in subsection (1)(a) or (b) to a matter includes a
22 reference to a proposed resolution under section 33(1) or (2) in
23 respect of the matter, whether relating to that member or a
24 different member.
25 35. Section 34 may be declared inapplicable
26 Section 34 does not apply if --
27 (a) a Board member or a member of a committee has
28 disclosed under section 33 an interest in a matter; and
page 19
Sports and Entertainment Trust Bill 2023
Part 3 Administration of Trust
Division 1 Board
s. 36
1 (b) the Board or committee, as the case requires, has at any
2 time passed a resolution that --
3 (i) specifies the member, the interest and the matter;
4 and
5 (ii) states that the members voting for the resolution
6 are satisfied that the interest is so trivial or
7 insignificant as to be unlikely to influence the
8 disclosing member's conduct and should not
9 disqualify the member from considering or
10 voting on the matter.
11 36. Quorum if s. 34 applies
12 (1) Despite section 23, if a Board member is disqualified under
13 section 34, a quorum is present during the consideration of the
14 matter if at least 3 Board members who are entitled to vote on
15 any motion that may be moved at the meeting in relation to the
16 matter are present.
17 (2) The Minister may deal with a matter to the extent that the Board
18 cannot deal with it because of subsection (1).
19 37. Minister may declare s. 34 and 36 inapplicable
20 (1) The Minister may in writing declare that section 34 or 36 or
21 both of them do not apply in relation to a specified matter either
22 generally or in voting on particular resolutions.
23 (2) The Minister must cause a copy of a declaration made under
24 subsection (1) to be laid before each House of Parliament within
25 14 sitting days after the declaration is made.
26 Subdivision 5 -- Execution of documents
27 38. Execution of documents of Trust
28 (1) The Trust must have a common seal.
page 20
Sports and Entertainment Trust Bill 2023
Administration of Trust Part 3
Staff of Trust Division 2
s. 39
1 (2) A document is duly executed by the Trust if --
2 (a) the common seal of the Trust is applied to the document
3 in accordance with subsections (3) and (4); or
4 (b) it is signed on behalf of the Trust by a person or persons
5 authorised to do so under subsection (4).
6 (3) The common seal of the Trust must not be applied to any
7 document except as authorised by the Trust.
8 (4) The common seal of the Trust must be applied to a document in
9 the presence of the chairperson, or deputy chairperson, and the
10 CEO, each of whom must sign the document to attest that the
11 common seal was so applied.
12 (5) The Trust may, by writing under its common seal, authorise 1 or
13 more Board members or staff members to sign documents on
14 behalf of the Trust, either generally or subject to the conditions
15 that are specified in the authorisation.
16 (6) A document purporting to be executed in accordance with this
17 section must be presumed to be duly executed unless the
18 contrary is shown.
19 (7) When a document is produced bearing a seal purporting to be
20 the common seal of the Trust, it must be presumed that the seal
21 is the common seal of the Trust unless the contrary is shown.
22 Division 2 -- Staff of Trust
23 Subdivision 1 -- CEO
24 39. CEO of Sports and Entertainment Trust
25 (1) The Trust must have a chief executive officer (the CEO).
26 (2) The CEO must administer the day-to-day operations of the
27 Trust, subject to the control of the Board.
page 21
Sports and Entertainment Trust Bill 2023
Part 3 Administration of Trust
Division 2 Staff of Trust
s. 40
1 40. Appointment
2 (1) The CEO must be appointed by, and may be removed by, the
3 Board.
4 (2) The CEO must be appointed on a full-time basis.
5 (3) The CEO --
6 (a) holds office for the period, not exceeding 5 years,
7 specified in the instrument of appointment; and
8 (b) is eligible for reappointment.
9 (4) The CEO holds office on the terms and conditions of
10 appointment determined by the Board.
11 41. Remuneration and allowances
12 Except as provided in the Salaries and Allowances Act 1975, the
13 CEO --
14 (a) is entitled to be paid remuneration and allowances at
15 such rates per annum as the Trust determines on the
16 recommendation of the Public Sector Commissioner;
17 and
18 (b) has the same annual leave, personal leave and long
19 service leave entitlements as a permanent officer of the
20 Public Service.
21 42. Resignation and removal from office
22 (1) The CEO may at any time resign from office by written notice
23 given to the Trust.
24 (2) Except as provided in subsection (3), the resignation takes effect
25 on the day on which it is received by the Trust.
26 (3) If the resignation specifies a day on which it is to have effect
27 that is later than the day on which the resignation is received by
28 the Trust, the resignation takes effect on the day specified in the
29 resignation.
page 22
Sports and Entertainment Trust Bill 2023
Administration of Trust Part 3
Staff of Trust Division 2
s. 43
1 (4) The Trust may remove the CEO from office --
2 (a) on the grounds of neglect of duty; or
3 (b) on the grounds of misconduct or incompetence; or
4 (c) on the grounds of mental or physical incapacity, other
5 than temporary illness, impairing the performance of the
6 CEO's duties; or
7 (d) for any other reasonable cause.
8 43. Other conditions of service
9 Except as provided in this Division, the Trust may, on the
10 recommendation of the Public Sector Commissioner, determine
11 other terms and conditions of service (if any) that apply to the
12 CEO.
13 Subdivision 2 -- Acting CEO
14 44. Acting CEO
15 (1) If the CEO is unable to act or the office of CEO is vacant, the
16 Trust may appoint a person to act as the CEO.
17 (2) A person cannot act under an appointment under subsection (1)
18 for a continuous period exceeding 12 months.
19 (3) A person acting as the CEO holds office on the terms and
20 conditions of appointment, including as to remuneration,
21 determined by the Trust.
22 (4) The remuneration of a person acting as the CEO cannot exceed
23 that of the holder of the office or, if the office is vacant, the
24 most recent holder of the office.
25 (5) An act or omission of a person acting as the CEO cannot be
26 questioned on the ground that the occasion for the appointment
27 or acting had not arisen or had ceased.
page 23
Sports and Entertainment Trust Bill 2023
Part 3 Administration of Trust
Division 2 Staff of Trust
s. 45
1 Subdivision 3 -- Other staff of Trust
2 45. Term used: employing authority
3 In this Subdivision --
4 employing authority has the meaning given in the Public Sector
5 Management Act 1994 section 5.
6 46. Other staff of Trust
7 (1) Public service officers may be appointed under the Public
8 Sector Management Act 1994 Part 3 to enable the Trust to
9 perform its functions.
10 (2) The Trust may, subject to any relevant written law or any
11 binding award, order or industrial agreement under the
12 Industrial Relations Act 1979, employ or engage and manage
13 staff otherwise than under the Public Sector Management
14 Act 1994 Part 3.
15 (3) This section does not detract from the power that the Public
16 Sector Management Act 1994 section 100 gives the employing
17 authority of the Trust to engage a person under a contract for
18 services or appoint a person on a casual employment basis.
19 (4) The Trust may, by arrangement on such terms as are agreed
20 with the relevant parties, make use of the services of a person
21 employed by another person.
22 47. Use of government staff and facilities
23 (1) The Trust may, by arrangement with the relevant employing
24 authority, make use, either full-time or part-time, of the services
25 of any officer or employee --
26 (a) in the Public Service; or
27 (b) in a State agency; or
28 (c) otherwise in the service of the State.
page 24
Sports and Entertainment Trust Bill 2023
Administration of Trust Part 3
Staff of Trust Division 2
s. 47
1 (2) The Trust may, by arrangement with a department of the Public
2 Service or a State agency, make use of any facilities of the
3 department or agency.
4 (3) An arrangement under subsection (1) or (2) must be made on
5 terms agreed to by the parties.
page 25
Sports and Entertainment Trust Bill 2023
Part 4 Accountability and financial provisions
Division 1 Accountability
s. 48
1 Part 4 -- Accountability and financial provisions
2 Division 1 -- Accountability
3 48. Minister may give directions
4 (1) The Minister may give written directions to the Trust with
5 respect to the performance of its functions, either generally or in
6 relation to a particular matter, and the Trust must give effect to
7 any such direction.
8 (2) The Minister must cause the text of any direction under
9 subsection (1) to be laid before each House of Parliament within
10 14 days after the day on which the direction is given.
11 (3) The text of a direction under subsection (1) must be included in
12 the annual report submitted by the accountable authority of the
13 Trust under the Financial Management Act 2006 Part 5.
14 49. Minister must be kept informed
15 The Trust must --
16 (a) keep the Minister reasonably informed of the operations,
17 financial performance and financial position of the
18 Trust, including the assets and liabilities, profits and
19 losses and prospects of the Trust; and
20 (b) give the Minister reports and information that the
21 Minister requires for the making of informed
22 assessments of matters referred to in paragraph (a).
23 50. Minister to have access to information
24 (1) In this section --
25 document includes any tape, disk or other device or medium on
26 which information is recorded or stored mechanically,
27 photographically, electronically or otherwise;
page 26
Sports and Entertainment Trust Bill 2023
Accountability and financial provisions Part 4
Accountability Division 1
s. 51
1 information means information specified, or of a description
2 specified, by the Minister that relates to the functions of the
3 Trust.
4 (2) The Minister is entitled --
5 (a) to have information in the possession of the Trust; and
6 (b) if the information is in or on a document, to have, and
7 make and retain copies of, that document.
8 (3) For the purposes of subsection (2), the Minister may --
9 (a) request the Trust to give information to the Minister; or
10 (b) request the Trust to give the Minister access to
11 information; or
12 (c) request the use of a staff member to obtain the
13 information and give it to the Minister.
14 (4) The Trust must comply with a request under subsection (3).
15 51. Protection for disclosure or compliance with directions
16 The Trust or another person performing a function under this
17 Act is not liable --
18 (a) in respect of any claim arising as a consequence of the
19 disclosure of information or documents under --
20 (i) section 49, 50 or 59; or
21 (ii) a requirement imposed under the Financial
22 Management Act 2006 or the Auditor General
23 Act 2006;
24 or
25 (b) for the fact of having done or omitted a thing that is
26 required to be done or omitted by a direction given
27 under this Act.
page 27
Sports and Entertainment Trust Bill 2023
Part 4 Accountability and financial provisions
Division 2 Financial provisions
s. 52
1 Division 2 -- Financial provisions
2 52. Application of Financial Management Act 2006 and Auditor
3 General Act 2006
4 The provisions of the Financial Management Act 2006 and the
5 Auditor General Act 2006 regulating the financial
6 administration, audit and reporting of statutory authorities apply
7 to and in respect of the Trust and its operations.
8 53. Sports and Entertainment Trust Account
9 (1) An account called the Sports and Entertainment Trust Account
10 is established as an agency special purpose account under the
11 Financial Management Act 2006 section 16.
12 (2) Money received by the Trust must be credited to, and money
13 paid by the Trust must be charged to, the Sports and
14 Entertainment Trust Account.
15 54. Trust's funds
16 (1) Except as provided in subsection (2), the funds available for the
17 purposes of enabling the Trust to perform its functions under
18 this or any other Act consist of money that is, under this or any
19 other Act, lawfully received by or made available to the Trust.
20 (2) If any money has been accepted by the Trust upon trust or
21 lawful condition, the Trust must apply the money in accordance
22 with the trust or condition.
23 55. Borrowing
24 The Trust may, with the Treasurer's prior approval --
25 (a) borrow or re-borrow money; and
26 (b) arrange for financial accommodation to be extended to
27 the Trust.
page 28
Sports and Entertainment Trust Bill 2023
Accountability and financial provisions Part 4
Financial provisions Division 2
s. 56
1 56. Treasurer's guarantee
2 (1) The Treasurer, on the Minister's recommendation, may, in the
3 name and on behalf of the State, guarantee the performance by
4 the Trust, in the State or elsewhere, of any financial obligation
5 of the Trust.
6 (2) A guarantee must be in the form, and subject to the terms and
7 conditions, determined by the Treasurer.
8 (3) The due payment of money payable by the Treasurer under a
9 guarantee must be charged to the Consolidated Account, which
10 this subsection appropriates accordingly.
11 (4) The Treasurer must cause any amounts received or recovered,
12 from the Trust or otherwise, in respect of any payment made by
13 the Treasurer under a guarantee to be credited to the
14 Consolidated Account.
15 57. Charges for guarantee
16 (1) The Treasurer may, after consultation with the Trust, fix charges
17 to be paid by the Trust to the Treasurer for the benefit of the
18 Consolidated Account in respect of a guarantee given under
19 section 56.
20 (2) Payments by the Trust to the Treasurer in respect of those
21 charges are required to be made at times, and in instalments, as
22 determined by the Treasurer.
23 58. Certain property and instruments exempt from rates, taxes
24 and duty
25 (1) Without limiting the generality of section 8, a rate or tax must
26 not be made, charged or levied by or under any law of the State
27 on or in respect of any Trust property unless that property is
28 leased to, or occupied by, some other person for a purpose
29 which is not directly related to the performance by the Trust of
30 any of its functions.
page 29
Sports and Entertainment Trust Bill 2023
Part 4 Accountability and financial provisions
Division 2 Financial provisions
s. 59
1 (2) Without limiting section 8, the Duties Act 2008 does not apply
2 to or in respect of --
3 (a) a gift, bequest or devise made to the Trust; or
4 (b) an instrument executed after the coming into operation
5 of this section by which any real or personal property is
6 transferred to, leased to or vested in the Trust, or agreed
7 to be so transferred, leased or vested, for the purposes of
8 this Act.
9 59. Notice of financial difficulty
10 (1) The Trust must notify the Minister if it forms the opinion that it
11 is unable to, or will be unlikely to be able to, satisfy any of its
12 financial obligations from the financial resources available to it,
13 or likely to be available to it, at the time the financial obligation
14 is due.
15 (2) The notice must be in writing, giving reasons for the Trust's
16 opinion.
17 (3) Within 7 days after receipt of the notice, the Minister must --
18 (a) confer with the Treasurer and the Trust for the purpose
19 of determining what action is required to ensure that the
20 Trust is able to satisfy the relevant financial obligation
21 when it is due; and
22 (b) initiate such action as is required to ensure that the Trust
23 is able to satisfy the relevant financial obligation when it
24 is due.
25 (4) For the purposes of subsection (3), the Minister may give the
26 Trust a direction under section 48 requiring the Trust to cease or
27 limit the performance of any function.
page 30
Sports and Entertainment Trust Bill 2023
Control of conduct on Trust property Part 5
Trust officers Division 1
s. 60
1 Part 5 -- Control of conduct on Trust property
2 Division 1 -- Trust officers
3 60. Appointment of Trust officers
4 (1) The Trust may, by instrument in writing, appoint a person as a
5 Trust officer.
6 (2) An appointment has effect for the period specified in the
7 instrument of appointment.
8 (3) The Trust may appoint a person as a Trust officer only if --
9 (a) the person is eligible for appointment as a Trust officer
10 under section 61; and
11 (b) the Trust is reasonably satisfied that the person is a
12 suitable person to be appointed as a Trust officer and to
13 perform the functions of a Trust officer, having regard to
14 the following --
15 (i) the person's experience, expertise, training or
16 qualifications;
17 (ii) any requirements specified in the regulations.
18 (4) A person's appointment as a Trust officer ceases to have effect
19 in any of the following circumstances --
20 (a) the Trust revokes the appointment;
21 (b) the person resigns as a Trust officer;
22 (c) the person ceases to be eligible for appointment as a
23 Trust officer under section 61;
24 (d) the period of appointment of the person as a Trust
25 officer ends.
page 31
Sports and Entertainment Trust Bill 2023
Part 5 Control of conduct on Trust property
Division 1 Trust officers
s. 61
1 61. Eligibility for appointment as Trust officer
2 (1) The following persons are eligible for appointment by the Trust
3 as a Trust officer --
4 (a) an employee of the Trust;
5 (b) a person engaged under a contract for services by the
6 Trust;
7 (c) a person employed by a person engaged under a contract
8 for services by --
9 (i) the Trust; or
10 (ii) a person engaged under a contract or
11 arrangement referred to in section 10(3)(d);
12 (d) any other person of a class prescribed by the regulations.
13 (2) The regulations may specify further eligibility requirements for
14 appointment as a Trust officer.
15 (3) The appointment of a person as a Trust officer does not
16 mean that the Public Sector Management Act 1994 Part 3 or any
17 other written law applying to persons as public service officers
18 applies to the Trust officer.
19 (4) The appointment of a public service officer as a Trust officer
20 does not affect --
21 (a) the application to the Trust officer of the Public Sector
22 Management Act 1994 or any other written law applying
23 to persons as public service officers that applied to the
24 Trust officer at the time of appointment, including any
25 code of conduct applicable to the public service officer;
26 or
27 (b) the powers of an employing authority or State agency in
28 relation to the public service officer.
page 32
Sports and Entertainment Trust Bill 2023
Control of conduct on Trust property Part 5
Trust officers Division 1
s. 62
1 (5) This section does not authorise a contravention of the Security
2 and Related Activities (Control) Act 1996.
3 Note for this section:
4 The Security and Related Activities (Control) Act 1996 Part 5 provides
5 that persons who exercise crowd control functions must be licensed as
6 crowd controllers under that Act. It also requires crowd controllers to
7 be employed only by the holder of a crowd control agent's licence.
8 62. Restrictions on functions
9 The functions of a Trust officer are subject to any limitations or
10 conditions specified --
11 (a) in the officer's instrument of appointment; or
12 (b) in a notice in writing given to the officer by the Trust; or
13 (c) in the regulations.
14 63. Identity cards
15 (1) The Trust must give each Trust officer appointed by the Trust
16 an identity card.
17 (2) The identity card must --
18 (a) identify the person as a Trust officer; and
19 (b) contain a recent photograph of the person; and
20 (c) state an expiry date for the card; and
21 (d) contain any other matter required by the regulations.
22 (3) When exercising a power as a Trust officer in relation to a
23 person, the Trust officer must --
24 (a) produce the officer's identity card for the person's
25 inspection; or
26 (b) have the identity card displayed so that it is clearly
27 visible to the person when exercising the power.
page 33
Sports and Entertainment Trust Bill 2023
Part 5 Control of conduct on Trust property
Division 2 Offences
s. 64
1 (4) A person must not, without reasonable excuse, fail to return the
2 person's identity card to the Trust within 21 days after ceasing
3 to be a Trust officer.
4 Penalty for this subsection: a fine of $2 000.
5 Division 2 -- Offences
6 64. Invasion of arena
7 (1) In this section --
8 arena means an area on or within Trust property where a
9 sporting contest or performance is being carried out.
10 (2) A person must not enter or remain on or within an arena unless
11 the person --
12 (a) is a participant in the sporting contest or performance; or
13 (b) is engaged in the control or management of the sporting
14 contest or performance; or
15 (c) is a Trust officer; or
16 (d) has, or is a member of a class of persons who have, been
17 authorised to enter the arena by the Trust or its staff or
18 agents.
19 Penalty for this subsection: a fine of $5 500.
20 Division 3 -- Removal and identification of persons
21 65. Removal of persons
22 (1) A Trust officer may give a direction to a person to leave Trust
23 property immediately (a direction to leave) if --
24 (a) the Trust officer reasonably suspects that the person has
25 committed or is committing an offence under this Act;
26 or
27 (b) in the opinion of the Trust officer, the person has
28 breached or is breaching a condition of entry to the Trust
29 property; or
page 34
Sports and Entertainment Trust Bill 2023
Control of conduct on Trust property Part 5
Removal and identification of persons Division 3
s. 66
1 (c) the person does not comply with a request under
2 section 66(3).
3 (2) A person commits an offence if --
4 (a) the person is given a direction to leave; and
5 (b) the Trust officer warns the person that failure to comply
6 with a direction to leave is an offence; and
7 (c) the person fails to comply with the direction.
8 Penalty for this subsection: a fine of $3 000.
9 (3) If a person does not comply with a direction to leave, a police
10 officer may use reasonable force to enforce the direction.
11 (4) A person who has been given a direction to leave or who has
12 been removed from Trust property under subsection (3) must
13 not re-enter the Trust property for a period of 48 hours after the
14 direction to leave was given or the person was removed,
15 whichever is the later.
16 Penalty for this subsection: a fine of $8 000.
17 66. Trust officer may require person to give personal details
18 (1) In this section--
19 personal details, in relation to a person, means each of the
20 following --
21 (a) the person's full name;
22 (b) the person's date of birth;
23 (c) the address of where the person is living;
24 (d) the address of where the person usually lives.
25 (2) This section applies if a Trust officer reasonably suspects that a
26 person on Trust property --
27 (a) has committed or is committing an offence under this
28 Act; or
page 35
Sports and Entertainment Trust Bill 2023
Part 5 Control of conduct on Trust property
Division 4 Exclusion of persons
s. 67
1 (b) is subject to --
2 (i) a temporary exclusion order that is in effect; or
3 (ii) a permanent exclusion order.
4 (3) If any or all of the person's personal details are unknown to a
5 Trust officer, the Trust officer may request the person to give
6 the Trust officer any or all of the person's personal details.
7 Division 4 -- Exclusion of persons
8 Subdivision 1 -- Temporary exclusion of persons
9 67. Temporary exclusion order
10 (1) Except as provided in this section, the Board may make an order
11 (a temporary exclusion order) that prohibits a person from
12 entering specified Trust property or any Trust property.
13 (2) The Board may make the temporary exclusion order only if the
14 relevant person --
15 (a) has been convicted of an offence under this Act; or
16 (b) has been removed from Trust property under
17 section 65(3); or
18 (c) has been convicted of an offence under another written
19 law on or in relation to Trust property.
20 (3) The Board cannot make the temporary exclusion order unless
21 the Board has --
22 (a) given the relevant person a reasonable opportunity to
23 make submissions or to be heard in relation to the
24 proposed temporary exclusion order; and
25 (b) had regard to --
26 (i) any information or document provided by a Trust
27 officer in relation to the proposed temporary
28 exclusion order; and
page 36
Sports and Entertainment Trust Bill 2023
Control of conduct on Trust property Part 5
Exclusion of persons Division 4
s. 68
1 (ii) any information or document provided by the
2 relevant person under paragraph (a).
3 (4) A temporary exclusion order has effect from when it is given to
4 the relevant person until the end of the period referred to in
5 section 68(2).
6 (5) A temporary exclusion order has effect subject to any conditions
7 specified in the order.
8 (6) The Board may revoke a temporary exclusion order by written
9 notice given to the relevant person.
10 68. Form and contents of temporary exclusion order
11 (1) A temporary exclusion order must be in a form approved by the
12 Board.
13 (2) The Board must specify in a temporary exclusion order the
14 period during which the temporary exclusion order remains in
15 force.
16 (3) The term cannot be more than 5 years.
17 (4) A temporary exclusion order must contain an explanation of the
18 right to apply under section 73(1) for reconsideration of the
19 Board's decision.
20 (5) A temporary exclusion order is not invalid merely because it
21 does not contain the explanation referred to in subsection (4).
22 69. Person must comply with temporary exclusion order
23 A person given a copy of a temporary exclusion order must
24 comply with the order.
25 Penalty: a fine of $3 000.
page 37
Sports and Entertainment Trust Bill 2023
Part 5 Control of conduct on Trust property
Division 4 Exclusion of persons
s. 70
1 Subdivision 2 -- Permanent exclusion of persons
2 70. Permanent exclusion order
3 (1) Except as provided in this section, the Board may make an order
4 (a permanent exclusion order) that permanently prohibits a
5 person from entering specified Trust property or any Trust
6 property.
7 (2) The Board may make a permanent exclusion order only if the
8 relevant person has been convicted of an offence under
9 section 69.
10 (3) The Board cannot make a permanent exclusion order unless the
11 Board has --
12 (a) given the relevant person a reasonable opportunity to
13 make submissions or to be heard in relation to the
14 proposed permanent exclusion order; and
15 (b) had regard to --
16 (i) any information or document provided by a Trust
17 officer in relation to the proposed permanent
18 exclusion order; and
19 (ii) any information or document provided by the
20 relevant person under paragraph (a).
21 (4) A permanent exclusion order has effect from when it is given to
22 the relevant person.
23 (5) A permanent exclusion order has effect subject to any
24 conditions specified in the order.
25 (6) The Board may revoke a permanent exclusion order by written
26 notice given to the relevant person.
27 71. Form and contents of permanent exclusion order
28 (1) A permanent exclusion order must be in a form approved by the
29 Board.
page 38
Sports and Entertainment Trust Bill 2023
Control of conduct on Trust property Part 5
Exclusion of persons Division 4
s. 72
1 (2) A permanent exclusion order must contain an explanation of the
2 right to apply under section 73(1) for reconsideration of the
3 Board's decision.
4 (3) A permanent exclusion order is not invalid merely because it
5 does not contain the explanation referred to in subsection (2).
6 72. Person must comply with permanent exclusion order
7 A person given a permanent exclusion order must comply with
8 the order.
9 Penalty: a fine of $10 000.
10 Subdivision 3 -- Reconsideration and review of exclusion orders
11 73. Board may reconsider its decision
12 (1) A relevant person who is dissatisfied with a decision by the
13 Board to make an exclusion order in respect of the person may
14 apply to the Board for reconsideration of that decision.
15 (2) An application under subsection (1) must be made
16 within 1 month after the later of the following --
17 (a) the day on which the applicant receives a copy of the
18 exclusion order under section 67(4) or 70(4);
19 (b) if the applicant is convicted of an offence referred to in
20 section 67(2)(a) or (c) or 70(2), the day on which --
21 (i) the conviction is set aside or quashed by a court;
22 or
23 (ii) a spent conviction order applying to the
24 conviction is made under the Sentencing
25 Act 1995 section 39.
26 (3) Despite subsection (2), an application under subsection (1) may
27 be made within such longer period as the Board may allow.
page 39
Sports and Entertainment Trust Bill 2023
Part 5 Control of conduct on Trust property
Division 4 Exclusion of persons
s. 74
1 (4) On reconsideration of a decision under this section, the Board
2 may --
3 (a) affirm the decision; or
4 (b) vary the decision; or
5 (c) set aside the decision and substitute another decision.
6 (5) The Board must give the applicant a written notice of the
7 decision under subsection (4) that --
8 (a) states the reasons for the decision; and
9 (b) states that the person may apply under section 74 for a
10 review of the Board's decision; and
11 (c) explains how the application for review is made.
12 74. Review by SAT of Board's decision under s. 73(4)
13 (1) A person who is aggrieved by a decision of the Board under
14 section 73(4) may apply to the State Administrative Tribunal for
15 a review of the Board's decision.
16 (2) The application must be made within 28 days after the day on
17 which the Board gives the applicant notice in accordance with
18 section 73(5).
19 (3) A decision that is the subject of an application under
20 subsection (1) continues to have effect pending the outcome of
21 the review, unless the State Administrative Tribunal orders
22 otherwise.
page 40
Sports and Entertainment Trust Bill 2023
Miscellaneous Part 6
s. 75
1 Part 6 -- Miscellaneous
2 75. Protection from liability for wrongdoing
3 (1) No action or claim for damages lies against a person other than
4 the Trust for anything that the person has done, in good faith, in
5 the performance or purported performance of a function under
6 this Act.
7 (2) The protection given by subsection (1) applies even though the
8 thing done as described in that subsection may have been
9 capable of being done whether or not this Act had been enacted.
10 (3) Despite subsection (1), neither the Trust nor the State is relieved
11 of any liability that it might have for another person having
12 done anything as described in that subsection.
13 (4) In this section, a reference to the doing of anything includes a
14 reference to an omission to do anything.
15 76. Confidentiality
16 (1) Except as provided in section 77, a person must not, directly or
17 indirectly, use or disclose any information obtained by the
18 person because of --
19 (a) the person's office, position, employment or
20 engagement under or for the purposes of this Act; or
21 (b) any disclosure made to the person under or for the
22 purposes of this Act.
23 Penalty for this subsection: a fine of $10 000.
24 (2) Subsection (1) does not apply in relation to the use or disclosure
25 of information that is already in the public domain.
page 41
Sports and Entertainment Trust Bill 2023
Part 6 Miscellaneous
s. 77
1 77. Authorised use or disclosure of information
2 (1) For the purposes of this Act, the use or disclosure of
3 information is authorised if the information is used or disclosed
4 in good faith in any of the following circumstances --
5 (a) for the purpose of, or in connection with, performing a
6 function under this or any other Act;
7 (b) as otherwise authorised or required under or for the
8 purposes of this Act;
9 (c) under another law;
10 (d) to a court or other person or body acting judicially in the
11 course of proceedings before the court, person or body;
12 (e) under an order of a court or other person or body acting
13 judicially;
14 (f) any other circumstances prescribed for the purposes of
15 this subsection.
16 (2) If the use or disclosure of information is authorised under
17 subsection (1) --
18 (a) no civil or criminal liability is incurred in respect of the
19 use or disclosure; and
20 (b) the use or disclosure must not be regarded as --
21 (i) a breach of any duty of confidentiality or secrecy
22 imposed by law; or
23 (ii) a breach of professional ethics or standards or
24 any principles of conduct applicable to a
25 person's employment; or
26 (iii) unprofessional conduct.
27 78. Laying documents before House of Parliament not sitting
28 (1) This section applies if --
29 (a) a provision of this Act requires the Minister to cause a
30 document to be laid before each House of Parliament
31 within a period; and
page 42
Sports and Entertainment Trust Bill 2023
Miscellaneous Part 6
s. 79
1 (b) at the beginning of the period, a House of Parliament is
2 not sitting; and
3 (c) in the Minister's opinion, the House will not sit before
4 the end of the period.
5 (2) The Minister must send the document to the Clerk of the House
6 before the end of the period.
7 (3) When the document is sent to the Clerk of the House it is taken
8 to have been laid before the House.
9 (4) The laying of the document that is taken to have occurred under
10 subsection (3) must be recorded in the Minutes, or Votes and
11 Proceedings, of the House on the first sitting day of the House
12 after the Clerk receives the document.
13 79. General regulations
14 (1) The Governor may make regulations prescribing matters --
15 (a) required or permitted by this Act to be prescribed; or
16 (b) necessary or convenient to be prescribed for giving
17 effect to this Act.
18 (2) Without limiting subsection (1), the regulations may provide
19 for, authorise, prescribe, require, prohibit, restrict or otherwise
20 regulate the following --
21 (a) the care, control, management, maintenance,
22 development and improvement of Trust venues and
23 other Trust property;
24 (b) the use and hiring out of Trust venues or any part of a
25 Trust venue;
26 (c) the conduct of activities at Trust venues, including in
27 relation to noise levels, lighting and pyrotechnics;
28 (d) the times at which a Trust venue, or any part of a Trust
29 venue, must be open or closed to the public;
30 (e) the maintenance of good order at Trust venues;
page 43
Sports and Entertainment Trust Bill 2023
Part 6 Miscellaneous
s. 80
1 (f) the duties and conduct of persons at Trust venues;
2 (g) the admission of persons, vehicles and animals to Trust
3 venues;
4 (h) the things that may be brought into or onto Trust venues;
5 (i) the reservation of any part of a Trust venue for separate
6 or exclusive use specified in the regulations;
7 (j) private trading at Trust venues or any part of a Trust
8 venue;
9 (k) without limiting section 10 or 80, the imposition and
10 payment of fees and charges;
11 (l) the affairs, business and management of the Trust.
12 (3) The regulations may provide that contravention of a regulation
13 is an offence and may provide for the offence to be punishable
14 on conviction by a penalty not exceeding a fine of $5 500.
15 80. Vehicular traffic regulations
16 (1) Without limiting section 79, the regulations may provide for,
17 authorise, prescribe, require, prohibit, restrict or otherwise
18 regulate the following --
19 (a) the use of vehicles on or in any part of Trust property;
20 (b) the control, supervision and management of parking or
21 standing areas on or in any part of Trust property.
22 (2) The regulations may --
23 (a) include provisions as to speed, manner of driving, class
24 of vehicles, routes, entrances and exits, one-way traffic,
25 noise, parking and standing and the control of traffic
26 generally; and
27 (b) provide for the payment of fees to the Trust in respect of
28 the parking of vehicles on or in any part of Trust
29 property and the determination and collection of those
30 fees; and
page 44
Sports and Entertainment Trust Bill 2023
Miscellaneous Part 6
s. 80
1 (c) provide for the issue of permits to park vehicles on or in
2 any part of Trust property for periods, and on other
3 terms and conditions specified in the permits, and the
4 amendment, suspension or revocation of those permits;
5 and
6 (d) provide for the display, erection or marking of signs for
7 the purposes of controlling traffic and the protection of
8 those signs, and any equipment relating to parking and
9 standing areas, against misuse, damage or interference;
10 and
11 (e) require a person in charge of a vehicle on or in any part
12 of Trust property to obey the orders and directions of a
13 Trust officer given for the purposes of controlling
14 traffic; and
15 (f) prescribe the following --
16 (i) the circumstances under which a Trust officer
17 may remove a vehicle, or cause it to be removed,
18 from any area of Trust property to a place
19 specified in the regulations (whether within the
20 area of Trust property or not);
21 (ii) the scale of fees to be paid to the Trust to recover
22 the vehicle from the place;
23 (iii) the circumstances in which the Trust may hold
24 the vehicle until the fees are paid;
25 and
26 (g) prescribe evidentiary provisions in relation to speed
27 measuring equipment and the use of that equipment; and
28 (h) prohibit the removal by any person, other than the driver
29 of a vehicle in respect of which an offence against a
30 regulation is alleged to have been committed, of any
31 notice relating to that offence attached to the vehicle or
32 left in or on the vehicle by a person authorised under the
33 regulations to leave the notice.
page 45
Sports and Entertainment Trust Bill 2023
Part 6 Miscellaneous
s. 81
1 81. Review of Act
2 (1) The Minister must review the operation and effectiveness of this
3 Act, and prepare a report based on the review --
4 (a) as soon as practicable after the 5th anniversary of the day
5 on which this section comes into operation; and
6 (b) after that, at intervals of not more than 10 years.
7 (2) The review must address the following --
8 (a) the effectiveness of the operations of the Trust;
9 (b) the need for the continuation of the functions of the
10 Trust;
11 (c) any other matters that appear to the Minister to be
12 relevant to the operation and effectiveness of this Act.
13 (3) The Minister must cause the report to be laid before each House
14 of Parliament as soon as practicable after the report is prepared,
15 but not later than 12 months after the 5th anniversary or the
16 expiry of the period of 10 years, as the case may be.
page 46
Sports and Entertainment Trust Bill 2023
Transitional and savings provisions Part 7
Preliminary Division 1
s. 82
1 Part 7 -- Transitional and savings provisions
2 Division 1 -- Preliminary
3 82. Terms used
4 In this Part --
5 asset --
6 (a) means any legal or equitable estate or interest (whether
7 present or future, whether vested or contingent and
8 whether personal or assignable) in real or personal
9 property of any description; and
10 (b) includes any money, security, chose in action or
11 document;
12 Centre means the Western Australian Sports Centre established
13 under the repealed Act section 8(1), including --
14 (a) facilities forming part of the Centre; and
15 (b) facilities managed or operated under the repealed Act
16 section 8(3);
17 commencement day means the day on which section 6 comes
18 into operation;
19 general manager means the person designated general manager
20 of the Centre under the repealed Act section 12(1);
21 liability means any liability, duty or obligation whether actual,
22 contingent or prospective, liquidated or unliquidated, or whether
23 owed alone or jointly or jointly and severally with any other
24 person;
25 repealed Act means the Western Australian Sports Centre Trust
26 Act 1986 as it was in force immediately before commencement
27 day;
28 right means any right, power, privilege or immunity whether
29 actual, contingent or prospective;
30 Sports and Entertainment Trust means the Sports and
31 Entertainment Trust established under section 6(1);
page 47
Sports and Entertainment Trust Bill 2023
Part 7 Transitional and savings provisions
Division 2 Western Australian Sports Centre Trust abolished
s. 83
1 this Part includes regulations referred to in section 97(2);
2 Western Australian Sports Centre Trust means the Western
3 Australian Sports Centre Trust established under the repealed
4 Act section 4(1).
5 83. Interpretation Act 1984 not affected
6 This Part is in addition to the provisions of the Interpretation
7 Act 1984 and, unless the contrary intention appears, does not
8 limit or otherwise affect the operation of those provisions in
9 relation to the repeals effected by section 99.
10 Division 2 -- Western Australian Sports Centre Trust
11 abolished
12 84. Western Australian Sports Centre Trust abolished
13 On commencement day the Western Australian Sports Centre
14 Trust is abolished and the trustees of the Western Australian
15 Sports Centre Trust go out of office.
16 Division 3 -- Transfer of the Western Australian Sports Centre
17 Trust's assets, rights and liabilities
18 85. Assets, rights and liabilities
19 (1) On commencement day --
20 (a) the assets and rights of the Western Australian Sports
21 Centre Trust immediately before commencement day
22 are assigned to and become assets and rights of the
23 Sports and Entertainment Trust; and
24 (b) the liabilities of the Western Australian Sports Centre
25 Trust immediately before commencement day are
26 assigned to and become liabilities of the Sports and
27 Entertainment Trust.
28 (2) On and after commencement day, any proceedings that
29 immediately before commencement day might have been
page 48
Sports and Entertainment Trust Bill 2023
Transitional and savings provisions Part 7
Transfer of the Western Australian Sports Centre Trust's Division 3
assets, rights and liabilities
s. 86
1 brought or continued by the Western Australian Sports Centre
2 Trust may be brought or continued by the Sports and
3 Entertainment Trust.
4 (3) On and after commencement day, any remedy that immediately
5 before commencement day might have been available against or
6 to the Western Australian Sports Centre Trust is available
7 against or to the Sports and Entertainment Trust.
8 86. Western Australian Sports Centre Trust Account
9 (1) On commencement day, any money standing to the credit of the
10 Western Australian Sports Centre Trust Account referred to in
11 section 15(2) of the repealed Act (the former account) must be
12 credited to the Sports and Entertainment Trust Account, and the
13 former account must then be closed.
14 (2) Money referred to in subsection (1) may be applied --
15 (a) in the payment of any liabilities of the former account
16 arising before commencement day; and
17 (b) for the purposes of this Act.
18 (3) The Sports and Entertainment Trust Account must be credited
19 with any money payable to the former account before
20 commencement day that is paid on or after commencement day.
21 (4) If in a contract, agreement, instrument or other document there
22 is a reference to the former account, that reference is, unless the
23 context otherwise requires, to be read or to have effect from
24 commencement day as if it were a reference to the Sports and
25 Entertainment Trust Account.
26 87. Other income
27 (1) Income derived by the Trust from fees or other sums mentioned
28 in section 9(2)(g) of the repealed Act that was authorised under
29 section 15(1)(b) of the repealed Act immediately before
30 commencement day must be credited to the Sports and
31 Entertainment Trust Account.
page 49
Sports and Entertainment Trust Bill 2023
Part 7 Transitional and savings provisions
Division 3 Transfer of the Western Australian Sports Centre Trust's
assets, rights and liabilities
s. 88
1 (2) Income derived from the sale, leasing, or other disposal of Trust
2 property that was authorised under section 15(1)(c) of the
3 repealed Act immediately before commencement day must be
4 credited to the Sports and Entertainment Trust Account.
5 (3) Any other income received by the Trust for the purposes of the
6 repealed Act authorised under section 15(1)(d) of the repealed
7 Act immediately before commencement day must be credited to
8 the Sports and Entertainment Trust Account.
9 88. Reserves
10 (1) This section applies to any Crown land that, immediately before
11 commencement day, was a reserve under the LA Act section 41
12 for which the Western Australian Sports Centre Trust was the
13 management body under the LA Act section 46(1).
14 (2) On commencement day --
15 (a) Crown land to which this section applies is taken to be a
16 reserve under the LA Act section 41 for the purposes of
17 this Act; and
18 (b) the Sports and Entertainment Trust is taken to be the
19 management body of the reserve under the LA Act
20 section 46(1).
21 (3) For the purposes of section 89 and the purposes of the
22 LA Act --
23 (a) subsection (2)(a) must be treated as if it were an order
24 made under the LA Act section 51 changing the purpose
25 of the reserve; and
26 (b) subsection (2)(b) must be treated as if it were --
27 (i) an order made under the LA Act section 50(1)(a)
28 revoking the management order placing the care,
29 control and management of the reserve with the
30 Western Australian Sports Centre Trust and
31 specifying that any interests that existed in, or
32 any caveats that existed in respect of, the reserve
page 50
Sports and Entertainment Trust Bill 2023
Transitional and savings provisions Part 7
Transfer of the Western Australian Sports Centre Trust's Division 3
assets, rights and liabilities
s. 89
1 immediately before commencement day continue
2 to exist in respect of the reserve on and after
3 commencement day; and
4 (ii) a management order made under the LA Act
5 section 46(1) placing the care, control and
6 management of the reserve with the Sports and
7 Entertainment Trust subject to any conditions
8 (with any necessary changes) to which the
9 management order referred to in subparagraph (i)
10 was subject immediately before commencement
11 day.
12 89. Registration of documents
13 (1) In this section --
14 relevant official means --
15 (a) the Registrar of Titles under the Transfer of Land
16 Act 1893; or
17 (b) the Registrar of Deeds and Transfers under the
18 Registration of Deeds Act 1856; or
19 (c) any other person authorised by a written law to record
20 and give effect to the registration of documents.
21 (2) A relevant official must --
22 (a) take notice of this Part; and
23 (b) record and register in the appropriate manner the
24 documents necessary to give effect to this Part.
25 90. Exemption from State tax
26 (1) In this section --
27 State tax includes --
28 (a) duty chargeable under the Duties Act 2008; and
29 (b) any other tax, duty, fee, levy or charge under a law of
30 the State.
page 51
Sports and Entertainment Trust Bill 2023
Part 7 Transitional and savings provisions
Division 4 General manager and other staff of the Western Australian
Sports Centre Trust
s. 91
1 (2) State tax is not payable in relation to --
2 (a) anything that occurs by operation of this Part; or
3 (b) anything done (including a transaction entered into or an
4 instrument or document of any kind made, executed,
5 lodged or given) under this Part, or to give effect to this
6 Part, or for a purpose connected with or arising out of
7 giving effect to this Part.
8 (3) The Minister may certify in writing that --
9 (a) a specified thing occurred by operation of this Part; or
10 (b) a specified thing was done under this Part, or to give
11 effect to this Part, or for a purpose connected with or
12 arising out of giving effect to this Part.
13 (4) For all purposes and in all proceedings, a certificate under
14 subsection (3) is sufficient evidence of the matters it certifies,
15 except so far as the contrary is shown.
16 Division 4 -- General manager and other staff of the Western
17 Australian Sports Centre Trust
18 91. General manager of Centre
19 (1) On and after commencement day, the person who immediately
20 before commencement day occupied the office of general
21 manager of the Centre continues in office under this Act as the
22 CEO.
23 (2) Except as provided in the Public Sector Management Act 1994,
24 the person's employment as the CEO continues to be governed
25 by the terms and conditions of employment that applied
26 immediately before commencement day to the person as the
27 general manager of the Centre.
28 (3) Except as otherwise agreed by the person referred to in
29 subsection (1), the operation of that subsection does not --
30 (a) affect the person's remuneration; or
page 52
Sports and Entertainment Trust Bill 2023
Transitional and savings provisions Part 7
General manager and other staff of the Western Australian Division 4
Sports Centre Trust
s. 92
1 (b) affect the person's existing or accruing rights in respect
2 of annual leave, long service leave, personal leave or
3 any other leave; or
4 (c) affect any rights under a superannuation scheme; or
5 (d) interrupt the continuity of the person's service.
6 92. Other staff
7 (1) A person who immediately before commencement day was a
8 public service officer appointed under the Public Sector
9 Management Act 1994 Part 3 to enable the Western Australian
10 Sports Centre Trust to perform its functions as referred to in
11 section 11(3) of the repealed Act is, on and after
12 commencement day, taken to be a public service officer
13 appointed under that Act for the purposes of section 46(1) of
14 this Act on the same terms and conditions that applied to the
15 person immediately before commencement day.
16 (2) A person who immediately before commencement day was
17 appointed and employed by the Western Australian Sports
18 Centre Trust under section 11(1) of the repealed Act is, on and
19 after commencement day, taken to have been appointed and
20 employed by the Sports and Entertainment Trust under
21 section 46(2) of this Act on the same terms and conditions that
22 applied to the person immediately before commencement day.
23 (3) A person who immediately before commencement day was
24 engaged under contract for the performance of services for or on
25 behalf of the Western Australian Sports Centre Trust under
26 section 11(4) of the repealed Act is, on and after
27 commencement day, taken to have been engaged under contract
28 for the performance of services for or on behalf of the Sports
29 and Entertainment Trust under section 46(2) of this Act on the
30 same terms and conditions that applied to the person
31 immediately before commencement day.
page 53
Sports and Entertainment Trust Bill 2023
Part 7 Transitional and savings provisions
Division 5 Continuing effect of things done
s. 93
1 (4) Except as otherwise agreed by a person referred to in this
2 section, the operation of this section does not --
3 (a) affect the person's remuneration; or
4 (b) affect the person's existing or accruing rights in respect
5 of annual leave, long service leave, personal leave or
6 any other leave; or
7 (c) affect any rights under a superannuation scheme; or
8 (d) interrupt the continuity of the person's service.
9 Division 5 -- Continuing effect of things done
10 93. Continuation of functions and powers
11 Anything commenced by the Western Australian Sports Centre
12 Trust before commencement day may be continued on and after
13 commencement day by the Sports and Entertainment Trust as if
14 the repealed Act had not been repealed.
15 94. Continuation of directions
16 (1) A direction given to the Western Australian Sports Centre Trust
17 before commencement day under section 8(3) of the repealed
18 Act continues in force on and after the commencement day as if
19 it were a direction given to the Sports and Entertainment Trust
20 under section 48(1).
21 (2) A direction given to the Western Australian Sports Centre Trust
22 before commencement day under section 14(1) of the repealed
23 Act continues in force on and after the commencement day as if
24 it were a direction given to the Sports and Entertainment Trust
25 under section 48(1).
26 95. Continuing effect of acts, matters or things done
27 (1) In this section --
28 relevant act means an act, matter or thing done or omitted to be
29 done before commencement day by, to or in respect of the
30 Western Australian Sports Centre Trust.
page 54
Sports and Entertainment Trust Bill 2023
Transitional and savings provisions Part 7
Other transitional provisions Division 6
s. 96
1 (2) To the extent that a relevant act has force or significance on or
2 after commencement day it is taken, on and after
3 commencement day, to have been done or omitted by, to or in
4 respect of the Sports and Entertainment Trust so far as the act,
5 matter or thing is relevant to the Sports and Entertainment
6 Trust's functions or powers.
7 (3) This section does not affect the operation of any other provision
8 of this Part.
9 96. Contracts, agreements, arrangements and other instruments
10 (1) In this section --
11 relevant agreement means a contract, agreement, arrangement,
12 or other instrument subsisting immediately before
13 commencement day to which the Western Australian Sports
14 Centre Trust is a party or which contains a reference to the
15 Western Australian Sports Centre Trust.
16 (2) A relevant agreement has effect on and after commencement
17 day as if --
18 (a) the Sports and Entertainment Trust were substituted for
19 the Western Australian Sports Centre Trust as a party to
20 the relevant agreement; and
21 (b) any reference in the relevant agreement to the Western
22 Australian Sports Centre Trust were, unless the context
23 otherwise requires, amended to be or include a reference
24 to the Sports and Entertainment Trust.
25 Division 6 -- Other transitional provisions
26 97. Transitional regulations
27 (1) In this section --
28 publication day, for transitional regulations, means the day on
29 which the transitional regulations are published in the Gazette;
page 55
Sports and Entertainment Trust Bill 2023
Part 7 Transitional and savings provisions
Division 6 Other transitional provisions
s. 97
1 specified, in relation to transitional regulations, means specified
2 or described in the transitional regulations;
3 transitional matter --
4 (a) means a matter of a transitional nature that arises as a
5 result of --
6 (i) the repeals effected by section 99; or
7 (ii) an amendment made under Part 8; or
8 (iii) the enactment of this Act;
9 and
10 (b) includes a saving or application matter;
11 transitional regulations means regulations referred to in
12 subsection (2).
13 (2) If there is not sufficient provision in this Act for dealing with a
14 transitional matter, regulations under this Act may prescribe all
15 matters that are required or necessary or convenient to be
16 prescribed for dealing with the matter.
17 (3) Transitional regulations may provide that specified provisions
18 of a written law --
19 (a) do not apply to or in relation to a specified matter; or
20 (b) apply with specified modifications to or in relation to
21 any matter.
22 (4) If transitional regulations provide that a specified state of affairs
23 is taken to have existed, or not to have existed, on and after a
24 day that is earlier than publication day but not earlier than the
25 day on which this section comes into operation, the transitional
26 regulations have effect according to their terms.
27 (5) If transitional regulations contain a provision referred to in
28 subsection (4), the provision does not operate so as --
29 (a) to affect in a manner prejudicial to any person (other
30 than the State or an authority of the State) the rights of
31 that person existing before publication day; or
page 56
Sports and Entertainment Trust Bill 2023
Transitional and savings provisions Part 7
Other transitional provisions Division 6
s. 98
1 (b) to impose liabilities on any person (other than the State
2 or an authority of the State) in respect of anything done
3 or omitted to be done before publication day.
4 98. Savings
5 The operation of this Part must not be regarded as --
6 (a) a breach of contract or confidence or otherwise as a civil
7 wrong; or
8 (b) a breach of any contractual provision prohibiting,
9 restricting or regulating the assignment or transfer of
10 assets, rights or liabilities or the disclosure of
11 information; or
12 (c) giving rise to any right to damages or compensation; or
13 (d) giving rise to any remedy by a party to an instrument, or
14 as causing or permitting the termination of any
15 instrument, because of a change in the beneficial or legal
16 ownership of any asset, right or liability; or
17 (e) causing any contract or instrument to be void or
18 otherwise unenforceable; or
19 (f) releasing or allowing the release of any surety.
page 57
Sports and Entertainment Trust Bill 2023
Part 8 Repeals and consequential amendments
Division 1 Repeals
s. 99
1 Part 8 -- Repeals and consequential amendments
2 Division 1 -- Repeals
3 99. Written laws repealed
4 (1) The Western Australian Sports Centre Trust Act 1986 is
5 repealed.
6 (2) The Western Australian Sports Centre Trust (Traffic)
7 Regulations 2017 are repealed.
8 Division 2 -- Consequential amendments
9 100. Constitution Acts Amendment Act 1899 amended
10 (1) This section amends the Constitution Acts Amendment Act 1899.
11 (2) In Schedule V Part 3 delete the item relating to the board of
12 management of the Western Australian Sports Centre Trust.
13 (3) In Schedule V Part 3 insert in alphabetical order:
14
15 The board of management of the Sports and Entertainment Trust
16 constituted under the Sports and Entertainment Trust
17 Act 2023.
18
19 101. Financial Management Act 2006 amended
20 (1) This section amends the Financial Management Act 2006.
21 (2) In Schedule 1 delete "Western Australian Sports Centre Trust".
22 (3) In Schedule 1 insert in alphabetical order:
23
24 Sports and Entertainment Trust
25
page 58
Sports and Entertainment Trust Bill 2023
Repeals and consequential amendments Part 8
Consequential amendments Division 2
s. 102
1 102. Perry Lakes Redevelopment Act 2005 amended
2 (1) This section amends the Perry Lakes Redevelopment Act 2005.
3 (2) In section 3(1) in the definition of AK Reserve Minister delete
4 "Western Australian Sports Centre Trust Act 1986;" and insert:
5
6 Sports and Entertainment Trust Act 2023;
7
8 Note: The heading to amended section 3 is to read:
9 Terms used
10 103. Statutory Corporations (Liability of Directors) Act 1996
11 amended
12 (1) This section amends the Statutory Corporations (Liability of
13 Directors) Act 1996.
14 (2) In Schedule 1 insert in alphabetical order:
15
Sports and a Board member Sports and
Entertainment Trust Entertainment Trust
Act 2023
16
page 59
Sports and Entertainment Trust Bill 2023
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
acquire............................................................................................................ 10(1)
arena ............................................................................................................... 64(1)
asset..................................................................................................................... 82
Board..................................................................................................................... 3
Board member............................................................................................ 3, 15(1)
business arrangement ..................................................................................... 10(1)
Centre .................................................................................................................. 82
CEO ........................................................................................................... 3, 39(1)
commencement day ............................................................................................ 82
committee .............................................................................................................3
direction to leave ........................................................................................ 3, 65(1)
dispose of ....................................................................................................... 10(1)
document........................................................................................................ 50(1)
employing authority ............................................................................................ 45
exclusion order ......................................................................................................3
former account ............................................................................................... 86(1)
general manager .................................................................................................. 82
information..................................................................................................... 50(1)
LA Act .................................................................................................................. 3
liability ................................................................................................................ 82
participate ...................................................................................................... 10(1)
permanent exclusion order ......................................................................... 3, 70(1)
personal details .............................................................................................. 66(1)
promote ............................................................................................................ 9(1)
publication day ............................................................................................... 97(1)
relevant act ..................................................................................................... 95(1)
relevant agreement ......................................................................................... 96(1)
relevant official .............................................................................................. 89(1)
relevant person ............................................................................................... 30(1)
repealed Act ........................................................................................................ 82
right ..................................................................................................................... 82
specified ......................................................................................................... 97(1)
Sports and Entertainment Trust........................................................................... 82
Sports and Entertainment Trust Account .............................................................. 3
staff member .........................................................................................................3
State tax ......................................................................................................... 90(1)
temporary exclusion order ......................................................................... 3, 67(1)
this Part ............................................................................................................... 82
transitional matter .......................................................................................... 97(1)
page 60
Sports and Entertainment Trust Bill 2023
Defined terms
transitional regulations ................................................................................... 97(1)
Trust ...................................................................................................................... 3
Trust officer ..........................................................................................................3
Trust property .......................................................................................................3
Trust venue ...........................................................................................................3
venue ..................................................................................................................... 3
Western Australian Sports Centre Trust ............................................................. 82
work ............................................................................................................... 10(1)
[Index] [Search] [Download] [Related Items] [Help]