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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Sydney 2000 Games Administration
Bill 2000
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Sydney Organising Committee for the Olympic Games
4 Amendment of Sydney Organising Committee for the
Olympic Games Act 1993 No 67 4
5 Termination of office of certain persons 4
6 Construction of certain references 5
Part 3 Sydney Paralympic Organising Committee
7 Dissolution of SPOC 6
8 Transfer of contracted employees 6
9 Transfer of SPOC's assets, rights and liabilities 6
Sydney 2000 Games Administration Bill 2000
Contents
Page
10 Payment of duty 7
11 Construction of references to SPOC 7
Part 4 Olympic Roads and Transport Authority
12 Dissolution of ORTA 8
13 Termination of office of Board members 8
14 Chief Executive Officer 8
15 Effect of certain orders 8
16 Transfer of ORTA staff 8
17 Transfer of ORTA's assets, rights and liabilities 9
18 Major events planning 9
19 Payment of duty 10
20 Construction of certain references 10
21 Repeal of Olympic Roads and Transport Authority
Act 1998 No 110 10
Part 5 Olympic Environmental Legacy Archive
22 Creation of archive 11
23 Custody of archive 12
Part 6 Miscellaneous
24 Effect of Act 13
25 Amendment of other Acts and instruments 13
26 Regulations 13
Schedules
1 Amendment of Sydney Organising Committee for the
Olympic Games Act 1993 15
2 Amendment of Acts and instruments 20
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2000
New South Wales
Sydney 2000 Games Administration
Bill 2000
Act No , 2000
An Act to wind-up certain Olympic agencies; consequentially to repeal and to
amend several statutory instruments; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Sydney 2000 Games Administration Bill 2000
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Sydney 2000 Games Administration Act 2000.
2 Commencement
(1) This Act commences on the date of assent, except as provided by this
section.
(2) Part 2, Part 3, Schedule 1 and Schedule 2.2 commence on 1 January
2001.
(3) Part 4 and Schedule 2.1 commence on a day to be proclaimed.
3 Definitions
In this Act:
assets means any legal or equitable estate or interest (whether present
or future and whether vested or contingent) in real or personal property
of any description (including money), and includes securities, choses
in action and documents.
instrument means an instrument (other than this Act) that creates,
modifies or extinguishes rights or liabilities (or would do so if lodged,
filed or registered in accordance with any law), and includes any
judgment, order or process of a court.
liabilities means any liabilities, debts or obligations (whether present
or future and whether vested or contingent).
OCA means the Olympic Co-ordination Authority constituted by the
Olympic Co-ordination Authority Act 1995.
ORTA means the Olympic Roads and Transport Authority constituted
by the Olympic Roads and Transport Authority Act 1998.
rights means any rights, powers, privileges or immunities (whether
present or future and whether vested or contingent).
SOCOG means the Sydney Organising Committee for the Olympic
Games constituted by the Sydney Organising Committee for the
Olympic Games Act 1993.
Page 2
Sydney 2000 Games Administration Bill 2000 Clause 3
Preliminary Part 1
SPOC means the Sydney Paralympic Organising Committee, a
company, incorporated under the Corporations Law, limited by
guarantee.
Page 3
Clause 4 Sydney 2000 Games Administration Bill 2000
Part 2 Sydney Organising Committee for the Olympic Games
Part 2 Sydney Organising Committee for the Olympic
Games
4 Amendment of Sydney Organising Committee for the Olympic Games
Act 1993 No 67
The Sydney Organising Committee for the Olympic Games Act 1993
is amended as set out in Schedule 1.
5 Termination of office of certain persons
(1) A person who held office as a member of the Board of Directors of
SOCOG immediately before the commencement of this Part ceases to
hold that office on that commencement.
(2) The person who held office as the Chief Executive Officer of SOCOG
immediately before the commencement of this Part ceases to hold that
office on that commencement.
(3) A person who ceases to hold office because of this section is not
entitled to any remuneration or compensation because of the loss of
that office, except as provided by subsection (4).
(4) The person who held office as the Chief Executive Officer of SOCOG
immediately before the commencement of this Part is entitled:
(a) to continue to be remunerated after the commencement of this
Part, subject to and in accordance with the terms and conditions
of the contract of employment in force immediately before the
commencement of this Part, and
(b) to accept appointment or secondment to an office or position
determined by the Minister and to occupy the office or position,
until the expiration of that contract or its sooner termination in
accordance with law.
(5) A person who held office as a member of the Board of Directors of
SOCOG before the commencement of this Part is entitled to be
indemnified by the State in respect of any civil liability incurred by the
person in his or her capacity as such a member.
Page 4
Sydney 2000 Games Administration Bill 2000 Clause 6
Sydney Organising Committee for the Olympic Games Part 2
6 Construction of certain references
On the commencement of this Part, a reference in any other Act, in any
instrument made under any Act or in any document of any kind to:
(a) the Board of Directors of SOCOG, or
(b) the Chief Executive Officer of SOCOG,
is taken to be a reference to the Director-General of OCA.
Page 5
Clause 7 Sydney 2000 Games Administration Bill 2000
Part 3 Sydney Paralympic Organising Committee
Part 3 Sydney Paralympic Organising Committee
7 Dissolution of SPOC
SPOC is dissolved.
8 Transfer of contracted employees
(1) A person whose services were, immediately before the commencement
of this Part, engaged under a contract with SPOC becomes, on that
commencement, a person whose services are engaged under a contract
with OCA on the same terms and subject to the same conditions as
those that applied immediately before that commencement, subject to
this section.
(2) Subsection (1) does not apply to a person who has elected by notice in
writing given to the Director-General of OCA at any time on or before
the commencement of this Part not to become contracted to OCA.
(3) Nothing in this section prevents the variation, suspension or
termination, at any time after the commencement of this Part, in
accordance with law of a contract to which this section applies.
9 Transfer of SPOC's assets, rights and liabilities
(1) The assets, rights and liabilities of SPOC are transferred to OCA.
(2) On the transfer, the following provisions have effect:
(a) SPOC's assets vest in OCA by virtue of this section and
without the need for any conveyance, transfer, assignment or
assurance,
(b) SPOC's rights and liabilities become by virtue of this section
the rights and liabilities of OCA,
(c) all proceedings commenced before the transfer by or against
SPOC and pending immediately before the transfer are taken to
be proceedings pending by or against OCA,
(d) any act, matter or thing done or omitted to be done in relation
to the assets, rights or liabilities before the transfer by, to or in
respect of SPOC is (to the extent to which that act, matter or
thing has any force or effect) taken to have been done or
omitted by, to or in respect of OCA.
Page 6
Sydney 2000 Games Administration Bill 2000 Clause 10
Sydney Paralympic Organising Committee Part 3
10 Payment of duty
Duty under the Duties Act 1997 is not chargeable in respect of:
(a) a transfer of assets, rights or liabilities by operation of section 9,
or
(b) anything certified by the Minister as having been done in
consequence of such a transfer (for example, the transfer or
registration of an interest in land).
11 Construction of references to SPOC
A reference in any other Act, in any instrument made under any Act or
in any document of any kind to SPOC is taken to be a reference to
OCA.
Page 7
Clause 12 Sydney 2000 Games Administration Bill 2000
Part 4 Olympic Roads and Transport Authority
Part 4 Olympic Roads and Transport Authority
12 Dissolution of ORTA
ORTA is dissolved.
13 Termination of office of Board members
(1) A person who held office as a member of the Board of ORTA
immediately before the commencement of this Part ceases to hold that
office on that commencement.
(2) A person who so ceases to hold office is not entitled to any
remuneration or compensation because of the loss of that office.
14 Chief Executive Officer
(1) The person who held office as the Chief Executive Officer of ORTA
immediately before the commencement of this Part ceases to hold that
office on that commencement.
(2) The person who so ceases to hold office is not entitled to any
remuneration or compensation because of the loss of that office.
15 Effect of certain orders
An order under section 23 of the Olympic Roads and Transport
Authority Act 1998 in force immediately before the commencement of
this Part ceases to have effect on that commencement.
16 Transfer of ORTA staff
(1) This section applies to a person employed under section 18 of the
Olympic Roads and Transport Authority Act 1998 immediately before
the commencement of this Part.
(2) The Governor may, on the recommendation of the Minister for
Transport, by order published in the Gazette, transfer a person to
whom this section applies to a position in the Public Service.
(3) A person who is the subject of an order under this section is to be
regarded for all purposes as having become an officer of the Public
Service, in accordance with the terms of the order, on the
commencement of this Part.
Page 8
Sydney 2000 Games Administration Bill 2000 Clause 16
Olympic Roads and Transport Authority Part 4
(4) This section has effect despite anything in the Public Sector
Management Act 1988 and a person transferred under this section is to
be regarded as having been transferred in accordance with any relevant
provision of that Act.
(5) A person who is the subject of an order under this section is taken to
be a person who ceases to be employed in a public sector service and
immediately commences service in another public sector service within
the meaning of Schedule 5A to the Public Sector Management Act
1988 and that Schedule applies to the person accordingly.
17 Transfer of ORTA's assets, rights and liabilities
(1) The assets, rights and liabilities of ORTA are transferred to OCA,
subject to section 18.
(2) On the transfer, the following provisions have effect:
(a) ORTA's assets vest in OCA by virtue of this section and
without the need for any conveyance, transfer, assignment or
assurance,
(b) ORTA's rights and liabilities become by virtue of this section
the rights and liabilities of OCA,
(c) all proceedings commenced before the transfer by or against
ORTA and pending immediately before the transfer are taken
to be proceedings pending by or against OCA,
(d) any act, matter or thing done or omitted to be done in relation
to the assets, rights or liabilities before the transfer by, to or in
respect of ORTA is (to the extent to which that act, matter or
thing has any force or effect) taken to have been done or
omitted by, to or in respect of OCA.
18 Major events planning
(1) If, before the commencement of this Part:
(a) the Director-General of OCA has determined that an asset, right
or liability of ORTA that relates to the planning of future major
events is not to be transferred to OCA under section 17, and
Page 9
Clause 18 Sydney 2000 Games Administration Bill 2000
Part 4 Olympic Roads and Transport Authority
(b) the Minister for Transport has, by order published in the
Gazette, directed that the asset, right or liability is to be
transferred to a person determined by that Minister,
the asset, right or liability is, on the commencement of this Part,
transferred to the person so determined.
(2) Section 17 applies to the transfer of an asset, right or liability under
this section in the same way as it applies to the transfer of an asset,
right or liability under section 17, but so applies as if a reference in
section 17 to OCA were a reference to the relevant person determined
by the Minister for Transport.
19 Payment of duty
Duty under the Duties Act 1997 is not chargeable in respect of:
(a) a transfer of assets, rights or liabilities by operation of section
17 or 18, or
(b) anything certified by:
(i) in the case of a transfer under section 17--the Minister,
or
(ii) in the case of a transfer under section 18--the Minister
for Transport,
as having been done in consequence of such a transfer (for
example, the transfer or registration of an interest in land).
20 Construction of certain references
A reference in any other Act, in any instrument made under any Act or
in any document of any kind to:
(a) ORTA, or
(b) the Board of ORTA, or
(c) the Chief Executive Officer of ORTA,
is taken to be a reference, in the case of a transfer under section 17, to
OCA and, in the case of a transfer under section 18, to the relevant
person determined by the Minister for Transport.
21 Repeal of Olympic Roads and Transport Authority Act 1998 No 110
The Olympic Roads and Transport Authority Act 1998 is repealed.
Page 10
Sydney 2000 Games Administration Bill 2000 Clause 22
Olympic Environmental Legacy Archive Part 5
Part 5 Olympic Environmental Legacy Archive
22 Creation of archive
(1) As soon as practicable after the commencement of this Part, the
Olympic Co-ordination Authority must deposit with the Library
Council of New South Wales copies of all of the following documents
that are in its possession, or that are under its control, and that relate to
an Olympic venue or facility specified in subsection (2):
(a) any call for proposals,
(b) any tenders by any proponents or short-listed consortia that
were accepted or, if not accepted, the deposit of which (in
whole or in part) are consented to by the proponents or
short-listed consortia,
(c) any agreement or contract negotiated and entered into
concerning finance, design, construction, ownership,
management or operation in respect of tenders that were
accepted or, if not accepted, the deposit of which (in whole or
in part) is consented to by the proponents or short-listed
consortia.
(2) The Olympic venues or facilities are as follows:
(a) the Olympic Stadium,
(b) the Olympic Village,
(c) the SuperDome,
(d) the Equestrian Centre at Horsley Park,
(e) the Tennis Centre at Homebush Bay,
(f) the Velodrome at Bankstown,
(g) the Sydney International Regatta Centre at Penrith,
(h) the Novotel Hotel at Homebush Bay,
(i) Infrastructure Packages 1, 2 and 3,
(j) temporary facilities or overlay,
(k) street furniture.
Page 11
Clause 22 Sydney 2000 Games Administration Bill 2000
Part 5 Olympic Environmental Legacy Archive
(3) The Olympic Co-ordination Authority may also deposit with the
Library Council of New South Wales any other documents that are in
its possession, or that are under its control, and that relate to the
provision of Olympic venues or facilities or to the preparations for, or
conduct of, the Sydney Olympic Games.
23 Custody of archive
The Library Council of New South Wales is to maintain the documents
deposited under section 22 as an archive in the State Library of New
South Wales, under the name of "The Olympic Environmental Legacy
Archive."
Page 12
Sydney 2000 Games Administration Bill 2000 Clause 24
Miscellaneous Part 6
Part 6 Miscellaneous
24 Effect of Act
(1) The operation of a provision of this Act is not to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil
wrong, or
(b) as a breach of any contractual provision prohibiting, restricting
or regulating the assignment or transfer of assets, rights or
liabilities, or
(c) as giving rise to any remedy by a party to an instrument, or as
causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of any
asset, right or liability.
(2) The operation of a provision of this Act is not to be regarded as an
event of default under any contract or other instrument.
(3) No attornment to a person to whom a lease is transferred by this Act
by a lessee of a transferee is required.
25 Amendment of other Acts and instruments
An Act or instrument specified in Schedule 2 is amended as set out in
that Schedule.
26 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted
to be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) In particular, the regulations may contain provisions of a savings or
transitional nature consequent on the enactment of this Act.
(3) A provision of a savings or transitional nature consequent on the
enactment of this Act may, if the regulations so provide, take effect
from the date of assent to this Act or a later date.
(4) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
Page 13
Clause 26 Sydney 2000 Games Administration Bill 2000
Part 6 Miscellaneous
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Page 14
Sydney 2000 Games Administration Bill 2000
Amendment of Sydney Organising Committee for the Olympic Games Schedule 1
Act 1993
Schedule 1 Amendment of Sydney Organising
Committee for the Olympic Games
Act 1993
(Section 4)
[1] Section 3 Definitions
Omit the definitions of appointed director, Board, Chief Executive Officer,
director, ex officio director, Secretary and Shadow Minister from
section 3 (1).
[2] Section 3 (1)
Insert in appropriate order:
Director-General means the Director-General of the Olympic
Co-ordination Authority constituted by the Olympic
Co-ordination Authority Act 1995.
[3] Section 3 (2)
Omit the subsection.
[4] Part 4
Omit the Part. Insert instead:
Part 4 Management
12 Management of SOCOG's affairs
(1) The affairs of SOCOG are to be managed and controlled by the
Director-General.
(2) Any act, matter or thing done in the name of, or on behalf of,
SOCOG by the Director-General is taken to have been done by
SOCOG.
Page 15
Sydney 2000 Games Administration Bill 2000
Schedule 1 Amendment of Sydney Organising Committee for the Olympic Games
Act 1993
[5] Part 5 Commissions and sub-committees
Omit the Part.
[6] Section 47 Expenditure
Omit "Board" from subsections (1) and (3) wherever occurring.
Insert instead "Director-General".
[7] Section 47 (2)
Omit "by the Board under this section".
Insert instead "under this section by the former Board of Directors of
SOCOG or the Director-General".
[8] Section 47 (5) (b)
Omit "the Board".
Insert instead "the former Board of Directors of SOCOG or the
Director-General".
[9] Part 7
Omit the Part. Insert instead:
Part 7 Winding up of SOCOG
52 Commencement of Part 7
This Part commences on:
(a) a day to be appointed by proclamation, or
(b) 31 March 2002,
whichever is the earlier.
53 Definitions--Part 7
In this Part:
assets means any legal or equitable estate or interest (whether
present or future and whether vested or contingent) in real or
Page 16
Sydney 2000 Games Administration Bill 2000
Amendment of Sydney Organising Committee for the Olympic Games Schedule 1
Act 1993
personal property of any description (including money), and
includes securities, choses in action and documents.
instrument means an instrument (other than this Act) that
creates, modifies or extinguishes rights or liabilities (or would
do so if lodged, filed or registered in accordance with any law),
and includes any judgment, order or process of a court.
liabilities means any liabilities, debts or obligations (whether
present or future and whether vested or contingent).
OCA means the Olympic Co-ordination Authority constituted
by the Olympic Co-ordination Authority Act 1995.
rights means any rights, powers, privileges or immunities
(whether present or future and whether vested or contingent).
54 Dissolution of SOCOG
SOCOG is dissolved.
55 Transfer of SOCOG's assets, rights and liabilities
(1) The assets, rights and liabilities of SOCOG are transferred to
OCA.
(2) On the transfer, the following provisions have effect:
(a) SOCOG's assets vest in OCA by virtue of this section
and without the need for any conveyance, transfer,
assignment or assurance,
(b) SOCOG's rights and liabilities become by virtue of this
section the rights and liabilities of OCA,
(c) all proceedings commenced before the transfer by or
against SOCOG and pending immediately before the
transfer are taken to be proceedings pending by or
against OCA,
(d) any act, matter or thing done or omitted to be done in
relation to the assets, rights or liabilities before the
transfer by, to or in respect of SOCOG is (to the extent
to which that act, matter or thing has any force or effect)
taken to have been done or omitted by, to or in respect
of OCA.
Page 17
Sydney 2000 Games Administration Bill 2000
Schedule 1 Amendment of Sydney Organising Committee for the Olympic Games
Act 1993
(3) The operation of this section is not to be regarded:
(a) as a breach of contract or confidence or otherwise as a
civil wrong, or
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of
assets, rights or liabilities, or
(c) as giving rise to any remedy by a party to an instrument,
or as causing or permitting the termination of any
instrument, because of a change in the beneficial or
legal ownership of any asset, right or liability.
(4) The operation of this section is not to be regarded as an event
of default under any contract or other instrument.
(5) No attornment to OCA by a lessee from SOCOG is required.
55A Payment of duty
Duty under the Duties Act 1997 is not chargeable in respect of:
(a) a transfer of assets, rights or liabilities by operation of
section 55, or
(b) anything certified by the Minister as having been done
in consequence of such a transfer (for example, the
transfer or registration of an interest in land).
55B Construction of references to SOCOG
A reference in any other Act, in any instrument made under any
Act or in any document of any kind to SOCOG is taken to be
a reference to OCA.
[10] Section 57 Providing information to the Minister
Omit "Board". Insert instead "Director-General".
[11] Sections 58 and 59
Omit the sections.
Page 18
Sydney 2000 Games Administration Bill 2000
Amendment of Sydney Organising Committee for the Olympic Games Schedule 1
Act 1993
[12] Section 60
Omit the section. Insert instead:
60 Personal liability
A matter or thing done or omitted to be done by SOCOG, the
Director-General, or any person acting under the direction of
SOCOG or the Director-General does not, if the matter or thing
was done or omitted in good faith for the purpose of executing
this or any other Act, subject the Director-General or person so
acting to any action, liability or demand.
[13] Section 61 Seal
Omit subsections (1) and (2). Insert instead:
(1) The seal of SOCOG is to be kept by the Director-General, or
by a person authorised in that behalf by the Director-General,
and may be affixed to a document only:
(a) in the presence of the Director-General or that person,
and
(b) with an attestation by the signature of the
Director-General or that person of the fact of the
affixing of the seal.
[14] Section 63 Public Sector Management Act 1988
Omit the section.
[15] Section 65 Effect of certain other Acts
Omit the section.
Page 19
Sydney 2000 Games Administration Bill 2000
Schedule 2 Amendment of Acts and instruments
Schedule 2 Amendment of Acts and instruments
(Section 25)
2.1 Public Sector Management Act 1988 No 33
[1] Schedule 3 Declared authorities
Omit "Olympic Roads and Transport Authority".
[2] Schedule 3A Chief executive positions
Omit "Chief Executive Officer of the Olympic Roads and Transport
Authority" from Part 3 of Schedule 3A.
2.2 Competition Policy Reform (New South Wales) Regulation 1996
[1] Clause 3 Definitions
Omit the definition of SPOC from clause 3 (1).
[2] Clause 6 Authorisations--SOCOG
Omit "either SOCOG or SPOC" wherever occurring.
Insert instead "SOCOG".
Page 20
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