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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





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           The following are repealed:                                             8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




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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




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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




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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




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