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This is a Bill, not an Act. For current law, see the Acts databases.
Sporting Venues Authorities Amendment (Venues NSW) Bill 2011 No , 2011 A Bill for An Act to amend the Sporting Venues Authorities Act 2008 and to repeal the Parramatta Stadium Trust Act 1988, to constitute Venues NSW, to abolish existing regional sporting venues authorities and the Parramatta Stadium Trust and to transfer the assets and liabilities of those bodies to Venues NSW; and for other purposes. Clause 1 Sporting Venues Authorities Amendment (Venues NSW) Bill 2011 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Sporting Venues Authorities Amendment (Venues NSW) 3 Act 2011. 4 2 Commencement 5 This Act commences on a day or days to be appointed by proclamation. 6 3 Repeals 7 The following are repealed: 8 (a) Parramatta Stadium Trust Act 1988, 9 (b) Parramatta Stadium Trust By-law 2010. 10 Page 2 Sporting Venues Authorities Amendment (Venues NSW) Bill 2011 Amendment of Sporting Venues Authorities Act 2008 No 65 Schedule 1 Schedule 1 Amendment of Sporting Venues 1 Authorities Act 2008 No 65 2 [1] Long title 3 Omit "to establish the Hunter Region Sporting Venues Authority; to repeal the 4 Sporting Venues Management Act 2002 and the Newcastle International 5 Sports Centre Act 1967;". 6 [2] Section 3 Definitions 7 Insert in alphabetical order in section 3 (1): 8 function includes a power, authority or duty, and exercise a 9 function includes perform a duty. 10 [3] Sections 8 and 20 11 Omit the sections. 12 [4] Section 14 Boards of management 13 Omit section 14 (1) and (2). Insert instead: 14 (1) Each regional sporting venues authority has a board of 15 management consisting of at least 7 and not more than 16 11 members appointed by the Minister. 17 (2) Of the members appointed by the Minister, one is, in and by the 18 instrument of appointment or another instrument made by the 19 Minister, to be appointed Chairperson of the board of 20 management. 21 [5] Section 14 (5) 22 Insert after section 14 (4): 23 (5) The regulations may provide for the circumstances in which the 24 functions of a board of management may be exercised by the 25 State Sporting Venues Authority or by some other person or body 26 prescribed by the regulations (whether or not to the exclusion of 27 the board of management). 28 [6] Section 21 Functions of regional sporting venues authorities 29 Insert after section 21 (1) (c): 30 (c1) to establish and manage community facilities and to 31 establish and manage facilities for community and 32 recreational purposes (whether or not on the authority's 33 land), 34 Page 3 Sporting Venues Authorities Amendment (Venues NSW) Bill 2011 Schedule 1 Amendment of Sporting Venues Authorities Act 2008 No 65 [7] Section 21 (3) 1 Omit "subsection (1) (b) and (c)". Insert instead "subsection (1) (b)-(c1)". 2 [8] Section 33A 3 Insert before section 34: 4 33A Advisory committees 5 (1) A sporting venues authority may establish advisory committees 6 to provide advice to the authority or to enable the authority to 7 exercise its functions. 8 (2) The Minister may also establish advisory committees to provide 9 advice to the Minister or to an authority or to enable an authority 10 to exercise its functions. 11 (3) Subject to any directions given by the sporting venues authority 12 or the Minister, the procedure of an advisory committee is to be 13 as determined by the committee. 14 (4) A member of an advisory committee established under this 15 section is entitled to be paid such remuneration and allowances 16 (if any) as the Minister may determine in respect of the member. 17 (5) An advisory committee established by the Minister may be 18 dissolved by the Minister only. 19 (6) An advisory committee established by a sporting venues 20 authority may be dissolved by the authority or by the Minister. 21 (7) The regulations may provide for the establishment, functions, 22 membership, procedure and dissolution of an advisory committee 23 and for the appointment, term of office and removal from office 24 of members of any such committee. 25 [9] Section 34 Use of Newcastle Showground land 26 Omit the definition of Authority from section 34 (5). Insert instead: 27 Authority means the sporting venues authority in which the 28 Showground land is vested. 29 [10] Section 37 Rangers 30 Omit "Department of the Arts, Sport and Recreation" from section 37 (1). 31 Insert instead "Department of Education and Communities". 32 Page 4 Sporting Venues Authorities Amendment (Venues NSW) Bill 2011 Amendment of Sporting Venues Authorities Act 2008 No 65 Schedule 1 [11] Section 40 Regulations 1 Insert ", including the imposition of conditions on any such admission" after 2 "part of it" in section 40 (1) (d). 3 [12] Section 40 (1) (e) 4 Omit the paragraph. Insert instead: 5 (e) the removal of persons from land or any part of land vested 6 in or managed by a sporting venues authority where those 7 persons commit offences, fail to comply with conditions of 8 entry or cause inconvenience to other persons, and 9 [13] Schedule 1 Regional sporting venues authorities 10 Omit "Hunter Region Sporting Venues Authority" and "Illawarra Venues 11 Authority". 12 Insert instead "Venues NSW". 13 [14] Schedule 2 Members and procedure of boards of management 14 Omit "4 years" from clause 2. Insert instead "3 years". 15 [15] Schedule 5 Savings, transitional and other provisions 16 Insert at the end of clause 1 (1): 17 Sporting Venues Authorities Amendment (Venues NSW) Act 2011 18 [16] Schedule 5, Part 4 19 Insert after Part 3: 20 Part 4 Provisions consequent on enactment of 21 Sporting Venues Authorities Amendment 22 (Venues NSW) Act 2011 23 14 Dissolution of Parramatta Stadium Trust 24 (1) The Parramatta Stadium Trust is dissolved. 25 (2) Each person who was a member of the Trust immediately before 26 its dissolution ceases to hold office as such. No compensation is 27 payable to any such person as the result of the operation of this 28 subclause. 29 Page 5 Sporting Venues Authorities Amendment (Venues NSW) Bill 2011 Schedule 1 Amendment of Sporting Venues Authorities Act 2008 No 65 15 Dissolution of regional sporting venues authorities 1 (1) Hunter Region Sporting Venues Authority and Illawarra Venues 2 Authority are dissolved. 3 (2) Each person who was a member of a board of management for 4 either of those regional sporting venues authorities immediately 5 before its dissolution ceases to hold office as such. No 6 compensation is payable to any such person as the result of the 7 operation of this subclause. 8 16 Transfer of assets, rights and liabilities 9 (1) In this clause: 10 former body means the following: 11 (a) Hunter Region Sporting Venues Authority, 12 (b) Illawarra Venues Authority, 13 (c) Parramatta Stadium Trust. 14 (2) On the date of commencement of this clause, the following 15 provisions have effect: 16 (a) the assets of each former body vest in Venues NSW by 17 virtue of this clause and without the need for any 18 conveyance, transfer, assignment or assurance, 19 (b) the rights and liabilities of each former body become by 20 virtue of this clause the rights and liabilities of Venues 21 NSW, 22 (c) all proceedings relating to those assets, rights or liabilities 23 commenced before that date by or on behalf of, or against, 24 each former body and pending immediately before the 25 transfer are taken to be proceedings pending by or against 26 Venues NSW, 27 (d) any act, matter or thing done or omitted to be done in 28 relation to those assets, rights or liabilities before that date 29 by, to or in respect of each former body is (to the extent to 30 which that act, matter or thing has any force or effect) 31 taken to have been done or omitted by, to or in respect of 32 Venues NSW, 33 (e) Venues NSW has all the entitlements and obligations of 34 each former body in relation to those assets, rights and 35 liabilities that the former body would have had but for this 36 clause, whether or not the entitlements and obligations 37 were actual or potential on the commencement of this 38 clause, 39 Page 6 Sporting Venues Authorities Amendment (Venues NSW) Bill 2011 Amendment of Sporting Venues Authorities Act 2008 No 65 Schedule 1 (f) a reference in any Act, in any instrument made under any 1 Act or in any document of any kind to any former body or 2 a predecessor of any former body is (to the extent that it 3 relates to those assets, rights or liabilities but subject to the 4 regulations) to be read as, or as including, a reference to 5 Venues NSW. 6 (3) The operation of this clause is not to be regarded: 7 (a) as a breach of contract or confidence or otherwise as a civil 8 wrong, or 9 (b) as a breach of any contractual provision prohibiting, 10 restricting or regulating the assignment or transfer of 11 assets, rights or liabilities, or 12 (c) as giving rise to any remedy by a party to an instrument, or 13 as causing or permitting the termination of any instrument, 14 because of a change in the beneficial or legal ownership of 15 any asset, right or liability, or 16 (d) as an event of default under any contract or other 17 instrument. 18 (4) No attornment to the transferee by a lessee from any former body 19 is required. 20 (5) For all purposes, a former body is taken to have had a fee simple, 21 immediately before the commencement of this clause, in land in 22 respect of which it was a reserve trust under the Crown Lands Act 23 1989 immediately before that commencement. 24 (6) Subclause (5) has effect despite any provision of the Crown 25 Lands Act 1989 and, in particular, section 100 of that Act. 26 (7) Land of a former body transferred by operation of this clause is 27 transferred free of any reservation, grant or dedication to which 28 the land was subject under any Act or law. 29 17 Confirmation of vesting 30 (1) The Minister may, by notice in writing, confirm a transfer of 31 particular assets, rights or liabilities by operation of this Part. 32 (2) Such a notice is conclusive evidence of that transfer. 33 Page 7 Sporting Venues Authorities Amendment (Venues NSW) Bill 2011 Schedule 1 Amendment of Sporting Venues Authorities Act 2008 No 65 18 Local Venues Councils 1 (1) The following advisory committees are taken to be established by 2 the Minister under section 33A (2) with the following functions: 3 (a) Hunter Local Venues Council--to provide advice to 4 Venues NSW in relation to the authority's sporting venues 5 in the Hunter Region, 6 (b) Illawarra Local Venues Council--to provide advice to 7 Venues NSW in relation to the authority's sporting venues 8 in the Illawarra Region, 9 (c) Western Sydney Local Venues Council--to provide 10 advice to Venues NSW in relation to the authority's 11 sporting venues in Western Sydney. 12 (2) The Minister is, under section 33A, to appoint at least 3 and no 13 more than 7 members to each of these committees within 14 3 months after the commencement of this clause. 15 (3) Section 33A (including section 33A (5)) applies to a committee 16 established under this clause in the same way as it applies to a 17 committee established under that section. 18 Page 8
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