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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Sporting Venues Authorities Bill 2008
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 State Sporting Venues Authority
Division 1 Constitution and administration of
State Sporting Venues Authority
4 Constitution of State Sporting Venues Authority 4
5 Status of State Sporting Venues Authority 4
6 Ministerial control 4
7 Delegation of State Sporting Venues Authority's
functions 4
8 Power to establish advisory committees 4
Sporting Venues Authorities Bill 2008
Contents
Page
Division 2 Functions of State Sporting Venues
Authority
9 Functions of State Sporting Venues Authority 5
10 Exercise of functions through private subsidiaries,
joint ventures etc 6
11 Private subsidiary corporations etc 6
Part 3 Regional sporting venues authorities
Division 1 Constitution and administration of
regional sporting venues authorities
12 Constitution of regional sporting venues authorities 7
13 Status of regional sporting venues authorities 7
14 Boards of management 7
15 Ministerial control 7
16 Amendment of Schedule 1 7
17 Dissolution, amalgamation or change of name of
regional sporting venues authorities 8
18 Consequential and transitional provisions on the
making of orders 8
19 Delegation of regional sporting venues authority's
functions 8
20 Power to establish advisory committees 8
Division 2 Functions of regional sporting venues
authorities
21 Functions of regional sporting venues authorities 9
Part 4 Provisions relating to vesting of and dealings
with land and other property
Division 1 Vesting of land in sporting venues
authorities
22 Definitions 11
23 Transfer of property to sporting venues authorities 11
24 Transfer of additional property to authority--
amendment of Schedule 4 12
25 Effect of transfer of land under this Division 13
Division 2 Dealings with land
26 Land dealings 13
27 Acquisition of property by gift, devise or bequest 13
28 Dealings with certain property that is held by
sporting venues authority subject to a condition 14
29 Acquisition of land 14
Contents page 2
Sporting Venues Authorities Bill 2008
Contents
Page
30 Reservations, dedications and original grants of land 15
Part 5 Plans of management
31 Plan of management 16
32 Adoption of plan of management and amendments 16
33 Review of plan of management 16
Part 6 Miscellaneous
34 Use of sporting venues by Newcastle Agricultural,
Horticultural, and Industrial Association 17
35 Consent of Minister to certain matters 18
36 No duty payable in relation to agreements, vestings
or transfers under Act 18
37 Rangers 18
38 Penalty notices 19
39 Nature of proceedings for offences 20
40 Regulations 20
41 Savings, transitional and other provisions 21
42 Amendment and repeal of other Acts 21
43 Review of Act 21
Schedule 1 Regional sporting venues authorities 22
Schedule 2 Members and procedure of boards of
management 23
Schedule 3 Dissolutions, amalgamations and changes
of name of regional sporting venues
authorities 28
Schedule 4 Land to be vested in sporting venues
authorities 32
Schedule 5 Savings, transitional and other provisions 33
Schedule 6 Amendment of Acts 37
Contents page 3
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, , 2008
New South Wales
Sporting Venues Authorities Bill 2008
Act No , 2008
An Act to establish authorities to manage sporting venues for the State and specific
regions of the State; to establish the Hunter Region Sporting Venues Authority; to
repeal the Sporting Venues Management Act 2002 and the Newcastle International
Sports Centre Act 1967; 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.
Assistant Speaker of the Legislative Assembly.
Clause 1 Sporting Venues Authorities Bill 2008
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Sporting Venues Authorities Act 2008.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
(1) In this Act:
assets means any legal or equitable estate or interest (whether present or
future, whether vested or contingent and whether personal or
assignable) in real or personal property of any description (including
money), and includes securities, choses in action and documents.
authority's land means, in relation to a sporting venues authority, land
vested in or managed by that authority.
board of management means a board of management appointed under
this Act for a regional sporting venues authority.
government agency means:
(a) a public authority constituted by or under an Act, or
(b) a NSW Government agency, or
(c) a Division of the Government Service, or
(d) a local authority, or
(e) a State owned corporation.
liabilities means any liabilities, debts or obligations (whether present or
future, whether vested or contingent and whether personal or
assignable).
member of staff of a sporting venues authority means any person who
is employed in the Division of the Government Service comprising
those persons who are employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 to enable the sporting venues
authority to exercise its functions.
ranger means a person appointed under section 37 to be a ranger.
regional sporting venues authority means a regional sporting venues
authority constituted under this Act.
rights means any rights, powers, privileges or immunities (whether
present or future, whether vested or contingent and whether personal or
assignable).
Page 2
Sporting Venues Authorities Bill 2008 Clause 3
Preliminary Part 1
sporting venues authority means the State Sporting Venues Authority
or a regional sporting venues authority.
State Sporting Venues Authority means the State Sporting Venues
Authority constituted under this Act.
(2) Notes included in this Act do not form part of this Act.
Page 3
Clause 4 Sporting Venues Authorities Bill 2008
Part 2 State Sporting Venues Authority
Part 2 State Sporting Venues Authority
Division 1 Constitution and administration of State Sporting
Venues Authority
4 Constitution of State Sporting Venues Authority
There is constituted by this Act a corporation with the corporate name
of State Sporting Venues Authority.
5 Status of State Sporting Venues Authority
The State Sporting Venues Authority is a NSW Government agency.
6 Ministerial control
(1) The Minister is responsible for the day-to-day management of the
affairs of the State Sporting Venues Authority.
(2) Any act, matter or thing done in the name of, or on behalf of, the State
Sporting Venues Authority by the Minister is taken to have been done
by the Authority.
7 Delegation of State Sporting Venues Authority's functions
(1) The State Sporting Venues Authority may delegate to an authorised
person any of its functions, other than this power of delegation.
(2) A delegate may sub-delegate to an authorised person any function
delegated by the State Sporting Venues Authority if the delegate is
authorised in writing to do so by the Authority.
(3) In this section, authorised person means:
(a) a member of staff of the State Sporting Venues Authority, or
(b) a government agency or member of staff of a government agency,
or
(c) a committee established under this Division or a member of such
a committee.
8 Power to establish advisory committees
(1) The State Sporting Venues Authority has power to establish such
advisory committees as it thinks necessary for the purpose of enabling
the Authority to carry out its functions.
(2) Subject to any directions of the State Sporting Venues Authority, the
procedure of an advisory committee is to be as determined by the
committee.
Page 4
Sporting Venues Authorities Bill 2008 Clause 9
State Sporting Venues Authority Part 2
(3) A member of an advisory committee established under this section is
entitled to be paid such remuneration and allowances (if any) as the
Minister may determine in respect of the member.
Division 2 Functions of State Sporting Venues Authority
9 Functions of State Sporting Venues Authority
(1) The principal functions of the State Sporting Venues Authority are as
follows:
(a) to maintain and improve the authority's land,
(b) to establish and manage sporting grounds, sporting facilities and
recreational facilities (whether or not on the authority's land),
(c) to establish and manage facilities for the purposes of sporting
competitions, sports training and sports education (whether or
not on the authority's land),
(d) to permit the use of the whole or any part of the authority's land
for activities of a sporting, recreational or community nature,
including the use of that land for events and general community
access,
(e) to encourage the use and enjoyment of the authority's land by the
public and clubs, associations or other bodies, where appropriate
in its opinion,
(f) to undertake or provide, or facilitate the undertaking or provision
of, commercial and retail activities and facilities on the
authority's land,
(g) to make all reasonable attempts to ensure that any new
development carried out on the authority's land accords with best
practice environmental and planning standards,
(h) to ensure that proper asset management plans are in place and are
implemented for the authority's land.
(2) The State Sporting Venues Authority may enter into an arrangement
with a regional sporting venues authority for the regional sporting
venues authority to manage any land vested in the State Sporting
Venues Authority and to perform any function that the State Sporting
Venues Authority has in relation to that land.
(3) The State Sporting Venues Authority may do all such supplemental,
incidental or consequential acts as may be necessary or expedient for
the exercise of its functions, including entering into any contract or
arrangement with any person in connection with the carrying out of its
functions.
Page 5
Clause 10 Sporting Venues Authorities Bill 2008
Part 2 State Sporting Venues Authority
(4) The State Sporting Venues Authority cannot, however, employ any
staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to enable
the State Sporting Venues Authority to exercise its functions.
(5) The State Sporting Venues Authority has such other functions as are
conferred or imposed on it by or under this or any other Act.
10 Exercise of functions through private subsidiaries, joint ventures etc
Any function of the State Sporting Venues Authority may be exercised:
(a) by the Authority itself, or
(b) by a private subsidiary corporation (within the meaning of
section 11), or
(c) by the Authority or such a private subsidiary corporation, or both,
in a partnership, joint venture or other association with other
persons or bodies.
11 Private subsidiary corporations etc
(1) In this section:
private corporation means a corporation within the meaning of the
Corporations Act 2001 of the Commonwealth formed in or outside New
South Wales.
private subsidiary corporation means a private corporation in which
the State Sporting Venues Authority has a controlling interest.
(2) The State Sporting Venues Authority may:
(a) form, or participate in the formation of, private corporations, and
(b) acquire interests in private corporations, and
(c) sell or otherwise dispose of interests in private corporations.
(3) A private subsidiary corporation is not, and does not represent, the
Crown.
Page 6
Sporting Venues Authorities Bill 2008 Clause 12
Regional sporting venues authorities Part 3
Part 3 Regional sporting venues authorities
Division 1 Constitution and administration of regional
sporting venues authorities
12 Constitution of regional sporting venues authorities
(1) On the insertion of the name of a body in Schedule 1, there is constituted
by this section a body corporate with that name as its corporate name.
(2) Each such body corporate is a regional sporting venues authority.
13 Status of regional sporting venues authorities
Each regional sporting venues authority is a NSW Government agency.
14 Boards of management
(1) Each regional sporting venues authority has a board of management
consisting of not more than 7 members appointed by the Governor on
the recommendation of the Minister.
(2) Of the members appointed by the Governor, one is, in and by the
instrument of appointment or another instrument made by the Governor,
to be appointed Chairperson of the board of management.
(3) Any act, matter or thing done in the name of, or on behalf of, a regional
sporting venues authority by its board of management, or with the
authority of that board, is taken to have been done by the regional
sporting venues authority.
(4) Schedule 2 has effect with respect to the members and procedure of a
board of management.
15 Ministerial control
Each board of management is subject to the control and direction of the
Minister in the exercise of its functions.
16 Amendment of Schedule 1
The Governor may, by order published in the Gazette:
(a) amend Schedule 1 by inserting, altering or omitting the name of
a body, or
(b) omit Schedule 1 and insert instead a Schedule containing the
names of bodies.
Page 7
Clause 17 Sporting Venues Authorities Bill 2008
Part 3 Regional sporting venues authorities
17 Dissolution, amalgamation or change of name of regional sporting
venues authorities
(1) The Governor may, by order published in the Gazette:
(a) dissolve a regional sporting venues authority, or
(b) amalgamate 2 or more regional sporting venues authorities, or
(c) change the name of a regional sporting venues authority,
and may, in the order, amend Schedule 1 accordingly.
(2) An order under this section must specify the date (being a date that is on
or after the date it is published in the Gazette) on which it takes effect.
However, if no date is specified in the order, the order is taken to have
specified the date on which it is published in the Gazette as the date on
which it takes effect.
18 Consequential and transitional provisions on the making of orders
(1) Schedule 3 has effect with respect to orders made under this Part.
(2) An order under this Part may contain provisions, not inconsistent with
the provisions of or made under Schedule 3, of a savings and
transitional nature consequent on the making of the order.
19 Delegation of regional sporting venues authority's functions
(1) A regional sporting venues authority may delegate to an authorised
person any of its functions, other than this power of delegation.
(2) A delegate may sub-delegate to an authorised person any function
delegated by the regional sporting venues authority if the delegate is
authorised in writing to do so by the authority.
(3) In this section, authorised person means:
(a) a member of the board of management of the regional sporting
venues authority, or
(b) a member of staff of the regional sporting venues authority, or
(c) a government agency or member of staff of a government agency,
or
(d) a person, or committee of persons, of a class approved by the
Minister or prescribed by the regulations.
20 Power to establish advisory committees
(1) A regional sporting venues authority has power to establish such
advisory committees as it thinks necessary for the purpose of enabling
the authority to carry out its functions.
Page 8
Sporting Venues Authorities Bill 2008 Clause 21
Regional sporting venues authorities Part 3
(2) Subject to any directions of the regional sporting venues authority, the
procedure of an advisory committee is to be as determined by the
committee.
(3) A member of an advisory committee established under this section is
entitled to be paid such remuneration and allowances (if any) as the
Minister may determine in respect of the member.
Division 2 Functions of regional sporting venues authorities
21 Functions of regional sporting venues authorities
(1) The principal functions of a regional sporting venues authority are as
follows:
(a) to maintain and improve the authority's land,
(b) to establish and manage sporting grounds, sporting facilities and
recreational facilities (whether or not on the authority's land),
(c) to establish and manage facilities for the purposes of sporting
competitions, sports training and sports education (whether or
not on the authority's land),
(d) to permit the use of the whole or any part of the authority's land
for activities of a sporting, recreational or community nature,
including the use of that land for events and general community
access,
(e) to encourage the use and enjoyment of the authority's land by the
public and clubs, associations or other bodies, where appropriate
in its opinion,
(f) to undertake or provide, or facilitate the undertaking or provision
of, commercial and retail activities and facilities on the
authority's land,
(g) to make all reasonable attempts to ensure that any new
development carried out on the authority's land accords with best
practice environmental and planning standards.
(2) A regional sporting venues authority may enter into an arrangement
with the State Sporting Venues Authority for the regional sporting
venues authority to manage land vested in the State Sporting Venues
Authority and to perform any of the functions that the State Sporting
Venues Authority has in relation to that land.
(3) A regional sporting venues authority may only exercise the functions
referred to in subsection (1) (b) and (c) in relation to land that is not the
authority's land if the Minister has given consent. This subsection does
not apply to the exercise of such functions in relation to land of the State
Sporting Venues Authority.
Page 9
Clause 21 Sporting Venues Authorities Bill 2008
Part 3 Regional sporting venues authorities
(4) A regional sporting venues authority may do all such supplemental,
incidental or consequential acts as may be necessary or expedient for
the exercise of its functions, including entering into any contract or
arrangement with any person in connection with the carrying out of the
authority's other functions.
(5) A regional sporting venues authority cannot, however, employ any
staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to enable
a regional sporting venues authority to exercise its functions.
(6) A regional sporting venues authority has such other functions as are
conferred or imposed on it by or under this or any other Act.
Page 10
Sporting Venues Authorities Bill 2008 Clause 22
Provisions relating to vesting of and dealings with land and other property Part 4
Part 4 Provisions relating to vesting of and dealings
with land and other property
Division 1 Vesting of land in sporting venues authorities
22 Definitions
In this Division:
land of a government agency means:
(a) land that is vested in the government agency, or land that is
vested in the Crown or Her Majesty and that is controlled and
used by the government agency, or
(b) an interest in land, being an interest that is vested in or held by the
government agency.
relevant authority means, in relation to land described in Schedule 4,
the sporting venues authority specified opposite the land in that table.
transfer date means:
(a) in relation to land included in Schedule 4 by order under
section 24--the date of publication of the order in the Gazette or
a later date specified in the order in respect of the property, or
(b) in relation to land included in Schedule 4 by an amendment made
by an Act--the date on which the amendment takes effect.
transferor, in relation to land included in Schedule 4, means the person
or body in whom or which the land was vested immediately before the
transfer date.
23 Transfer of property to sporting venues authorities
(1) On the transfer date relating to land included in Schedule 4, the land
vests in the relevant authority for an estate in fee simple (or such other
interest as is specified in the Schedule):
(a) without the need for any further conveyance, transfer, assignment
or assurance, and
(b) subject to any trusts, estates, interests, dedications, conditions,
restrictions and covenants to which the land was subject
immediately before the transfer date.
(2) On the transfer date relating to land included in Schedule 4, the
following provisions have effect:
(a) the rights or liabilities of the transferor in relation to the land
become by virtue of this section the rights or liabilities of the
relevant authority,
Page 11
Clause 24 Sporting Venues Authorities Bill 2008
Part 4 Provisions relating to vesting of and dealings with land and other property
(b) all proceedings relating to the land commenced before the
transfer date by or on behalf of, or against, the transferor or a
predecessor of the transferor and pending immediately before the
transfer date are taken to be proceedings pending by or against
the relevant authority,
(c) any act, matter or thing done or omitted to be done in relation to
the land before the transfer date by, to or in respect of the
transferor 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 the relevant authority,
(d) a reference in any Act, in any instrument made under any Act or
in any document of any kind to the transferor or a predecessor of
the transferor is (to the extent that it relates to that land or those
rights or liabilities but subject to the regulations), to be read as, or
as including, a reference to the relevant authority.
(3) Regulations may be made for or with respect to the conversion of
references to the transferor in any document or class of documents to
references to the relevant authority as a consequence of any transfer of
land under this Division.
24 Transfer of additional property to authority--amendment of Schedule 4
(1) The Governor may, by order published in the Gazette:
(a) amend Schedule 4 by inserting, altering or omitting the name of
a sporting venues authority or a description of land, or
(b) substitute Schedule 4.
(2) Land is authorised to be included in Schedule 4 by order under this
section only if:
(a) it is land of a government agency (including vacant Crown land),
and
(b) the appropriate consent has been obtained to the land being
included in the order.
(3) For the purposes of subsection (2), the appropriate consent is:
(a) where the government agency concerned is not a local
authority--the consent of the Minister responsible for the
government agency, or
(b) where the government agency concerned is a local authority--the
consent of the local authority.
Page 12
Sporting Venues Authorities Bill 2008 Clause 25
Provisions relating to vesting of and dealings with land and other property Part 4
(4) Subject to section 23 (1) (b), this section does not prevent land, the fee
simple in which is vested in Her Majesty, the Crown or a government
agency, or vacant Crown land, from being transferred by order under
this section even if the land is subject to other interests.
(5) Subject to the other provisions of this section, land may be transferred
by order under this section despite any requirement of any other Act or
law that relates to dealing with or disposing of the land.
25 Effect of transfer of land under this Division
(1) No compensation is payable to any person or body in connection with
the operation of this Division.
(2) The operation of this Division 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.
(3) The operation of this Division is not to be regarded as an event of
default under any contract or other instrument.
(4) No attornment to the transferee by a lessee from a transferor is required.
Division 2 Dealings with land
26 Land dealings
(1) A sporting venues authority may sell, lease, exchange or otherwise
dispose of or deal with any land vested in the authority and grant
easements or rights-of-way over such land or any part of it.
(2) A regional sporting venues authority may take action under subsection
(1) only with the consent of the Minister.
27 Acquisition of property by gift, devise or bequest
(1) A sporting venues authority may acquire by gift, devise or bequest any
property for the purposes of this Act and may agree to carry out the
conditions of any such gift, devise or bequest.
Page 13
Clause 28 Sporting Venues Authorities Bill 2008
Part 4 Provisions relating to vesting of and dealings with land and other property
(2) The rule of law against remoteness of vesting does not apply to any
condition of a gift, devise or bequest to which the sporting venues
authority has agreed.
(3) The Duties Act 1997 does not apply to or in respect of any gift, devise
or bequest made or to be made to a sporting venues authority.
28 Dealings with certain property that is held by sporting venues authority
subject to a condition
(1) If property is held by a sporting venues authority subject to a condition
to which the authority has agreed under section 27, the authority is not
to dispose of or otherwise deal with any of the property except in
accordance with the condition or in accordance with subsection (2).
(2) If the authority resolves that any property held by the authority subject
to such a condition is no longer required for the purposes of the
authority or can no longer be used for those purposes, the authority may,
despite that condition:
(a) sell the property and retain the proceeds of sale as property of the
authority, or
(b) exchange the property for other property that is capable of being
used for the purposes of the authority, or
(c) give the property to an institution that engages in activities of a
sporting, recreational, educational or cultural nature, or
(d) if the authority is of the opinion that the property is of no
commercial value--dispose of or otherwise deal with the
property without valuable consideration.
(3) A regional sporting venues authority is not to sell, exchange, give,
dispose of or otherwise deal with property under this section except
with the consent of the Minister and in accordance with any condition
that the Minister may impose on the grant of that consent.
(4) The Minister may consent to the sale, exchange, gift or disposal of, or
to any other dealing with, property for the purposes of this section and
may impose any condition that the Minister thinks fit on the grant of that
consent.
29 Acquisition of land
(1) The State Sporting Venues Authority may acquire land or any interest
in land, for the purposes of this Act, by agreement or by compulsory
process in accordance with the Land Acquisition (Just Terms
Compensation) Act 1991.
(2) A regional sporting venues authority may acquire land or any interest in
land, for the purposes of this Act, by agreement.
Page 14
Sporting Venues Authorities Bill 2008 Clause 30
Provisions relating to vesting of and dealings with land and other property Part 4
(3) For the purposes of the Public Works Act 1912, any acquisition of land
under this Act is taken to be an authorised work, and the sporting venues
authority that acquired the land is, in relation to that authorised work,
taken to be the Constructing Authority.
(4) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply
to or in respect of works constructed under this Act.
30 Reservations, dedications and original grants of land
A sporting venues authority may manage, develop and otherwise deal
with the authority's land in accordance with this Act despite the terms
of any grant, reservation or dedication to which the land is or was
subject under any Act or law.
Page 15
Clause 31 Sporting Venues Authorities Bill 2008
Part 5 Plans of management
Part 5 Plans of management
31 Plan of management
(1) A regional sporting venues authority is to prepare and maintain a plan
of management for the authority's land.
(2) The plan of management is to:
(a) set out how the regional sporting venues authority proposes to
exercise its functions in relation to the authority's land and the
key issues for the authority in doing so, and
(b) identify the priorities of the regional sporting venues authority in
exercising its functions having regard to the resources available
to it.
(3) The regional sporting venues authority may prepare an amendment to
the plan of management or a replacement plan of management.
(4) The plan of management or amendment of the plan of management has
no effect unless it is adopted by the Minister under section 32.
32 Adoption of plan of management and amendments
(1) A regional sporting venues authority is to submit a plan of management
or amendment of such a plan to the Minister, together with a report that
includes a summary of the results of any consultation that has been
undertaken with any other government agency.
(2) The Minister may:
(a) adopt the plan of management or amendment, without alteration
or with such alterations as the Minister thinks fit, or
(b) refer the plan of management or amendment back to the regional
sporting venues authority for further consideration.
(3) The Minister is to make the plan of management publicly available if it
is adopted.
33 Review of plan of management
(1) A regional sporting venues authority is to review its plan of
management at such times as the Minister directs.
(2) The Minister is to have regard to any recommendations of the regional
sporting venues authority and any public submissions made in relation
to the plan of management from time to time and may direct the
authority to prepare an amendment to the plan of management or a
replacement plan.
Page 16
Sporting Venues Authorities Bill 2008 Clause 34
Miscellaneous Part 6
Part 6 Miscellaneous
34 Use of sporting venues by Newcastle Agricultural, Horticultural, and
Industrial Association
(1) The Authority is to allow the Association to use the Showground land
for the Association's annual show:
(a) for such period and at such time during each year as may be
agreed to between the Authority and the Association, and
(b) free of rent or any fee, and
(c) on such other terms and conditions as may be agreed to between
the Authority and the Association (including, but not limited to,
terms and conditions in respect of catering, parking and
reimbursing the Authority for any costs arising from that use,
such as, electricity, gas or water costs or the costs of the repair of
damage caused to the Showground land).
(2) In the absence of agreement between the Authority and the Association
on any of the matters referred to in subsection (1), the Minister is to
determine that matter and the Authority is to allow the Association to
use the Showground land in accordance with the Minister's
determination.
(3) A provision of any contract, lease or other arrangement relating to the
Showground land that would prevent the use of the Showground land
by the Association in accordance with this section has no effect to the
extent that it would prevent that use.
(4) The Minister may, by notice in writing to the Authority:
(a) direct that subsection (3) does not apply to the provisions of a
specified contract, lease or other arrangement, and
(b) modify the obligations of the Authority under this section to
ensure that those provisions can be complied with by the
Authority.
(5) In this section:
Association means the Newcastle Agricultural, Horticultural, and
Industrial Association.
Authority means the Hunter Region Sporting Venues Authority.
Showground land means the land in respect of which the Newcastle
Showground and Exhibition Centre Trust was trustee immediately
before the dissolution of the Trust by this Act.
Page 17
Clause 35 Sporting Venues Authorities Bill 2008
Part 6 Miscellaneous
35 Consent of Minister to certain matters
Any consent of the Minister required by this Act:
(a) may be given generally or in a particular case or class of cases,
and
(b) may be subject to conditions, and
(c) may be varied from time to time, and
(d) may be withdrawn (but any such withdrawal of consent does not
affect any disposition of or dealing with land or property made,
or the subject of a binding agreement made, before the
withdrawal).
36 No duty payable in relation to agreements, vestings or transfers under
Act
Duty under the Duties Act 1997 is not chargeable for or in respect of:
(a) a vesting or transfer effected under this Act or in accordance with
arrangements entered into under this Act, or
(b) anything certified by the Minister as having been done in
consequence of such a vesting or transfer or under any such
arrangements.
37 Rangers
(1) The Director-General of the Department of the Arts, Sport and
Recreation may appoint a person employed under Chapter 1A of the
Public Sector Employment and Management Act 2002 in the
Government Service, or a person of a class prescribed by the
regulations, to be a ranger for the purposes of this Act.
(2) A ranger may exercise such functions as are conferred on a ranger by
this Act or the regulations.
(3) The Director-General is to provide each ranger with an identification
card.
(4) An identification card is a card that:
(a) states that it is issued under this Act, and
(b) gives the name of the person to whom it is issued, and
(c) describes the nature of the powers conferred, and
(d) states the date (if any) on which it expires, and
(e) is signed by the Director-General.
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Sporting Venues Authorities Bill 2008 Clause 38
Miscellaneous Part 6
(5) In the course of exercising the functions of a ranger under this Act, the
ranger must, if requested to do so by a person affected by the exercise
of any such function, produce the ranger's identification card to the
person.
38 Penalty notices
(1) An authorised officer may serve a penalty notice on a person if it
appears to the officer that the person has committed an offence against
this Act or the regulations, being an offence prescribed by the
regulations as a penalty notice offence.
(2) A penalty notice is a notice to the effect that, if the person served does
not wish to have the matter determined by a court, the person can pay,
within the time and to the person specified in the notice, the amount of
the penalty prescribed by the regulations for the offence if dealt with
under this section.
(3) A penalty notice may be served personally or by post.
(4) If the amount of penalty prescribed for an alleged offence is paid under
this section, no person is liable to any further proceedings for the
alleged offence.
(5) Payment under this section is not to be regarded as an admission of
liability for the purpose of, and does not in any way affect or prejudice,
any civil claim, action or proceeding arising out of the same occurrence.
(6) The regulations may:
(a) prescribe an offence for the purposes of this section by specifying
the offence or by referring to the provision creating the offence,
and
(b) prescribe the amount of penalty payable for the offence if dealt
with under this section, and
(c) prescribe different amounts of penalties for different offences or
classes of offences.
(7) The amount of a penalty prescribed under this section for an offence is
not to exceed the maximum amount of penalty that could be imposed for
the offence by a court.
(8) This section does not limit the operation of any other provision of, or
made under, this or any other Act relating to proceedings that may be
taken in respect of offences.
(9) In this section, authorised officer means a police officer or a ranger.
Page 19
Clause 39 Sporting Venues Authorities Bill 2008
Part 6 Miscellaneous
39 Nature of proceedings for offences
Proceedings for an offence under this Act or the regulations may be
dealt with summarily before a Local Court.
40 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 and, in particular, for or with
respect to:
(a) the care, control and management of land and personal property
vested in or managed by a sporting venues authority, and
(b) the use of land vested in or managed by a sporting venues
authority or of any specified part of it, and the regulation of its use
and enjoyment or the use and enjoyment of any specified part of
it, and
(c) the admission of persons and classes of persons (whether or not
as members) to land vested in or managed by a sporting venues
authority or any specified part of it, including the determination
of admission charges, membership fees or subscriptions and the
collection and disposal of those amounts, and
(d) the regulation or prohibition of admission of persons to land
vested in or managed by a sporting venues authority or any
specified part of it, and
(e) the removal of persons found committing offences or causing
annoyance or inconvenience to persons who are lawfully and
peaceably on land vested in or managed by a sporting venues
authority, and
(f) the regulation or prevention of the taking of liquor or other
intoxicants on to, and the consumption of any such liquor or
intoxicants on, land vested in or managed by a sporting venues
authority or any specified part of it, and
(g) the regulation, control or prohibition of parking of vehicles on
land vested in or managed by a sporting venues authority or any
specified part of it, the making of charges for any such parking
and the collection and disposal of any such charges, and
(h) the reservation of any portion of land vested in or managed by a
sporting venues authority for such separate or exclusive uses as
the regulations may prescribe or authorise, and
(i) the regulation, control or prohibition of private trading on land
vested in or managed by a sporting venues authority or any
specified part of it.
Page 20
Sporting Venues Authorities Bill 2008 Clause 41
Miscellaneous Part 6
(2) A regulation may create an offence punishable by a penalty not
exceeding 10 penalty units.
41 Savings, transitional and other provisions
Schedule 5 has effect.
42 Amendment and repeal of other Acts
(1) The Acts specified in Schedule 6 are amended as set out in that
Schedule.
(2) The following Acts are repealed:
(a) Newcastle Agricultural, Horticultural, and Industrial
Association Act of 1905,
(b) Newcastle International Sports Centre Act 1967,
(c) Sporting Venues Management Act 2002.
43 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of
5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the end of the period of 5 years.
Page 21
Sporting Venues Authorities Bill 2008
Schedule 1 Regional sporting venues authorities
Schedule 1 Regional sporting venues authorities
(Sections 12, 16, 17)
Hunter Region Sporting Venues Authority
Page 22
Sporting Venues Authorities Bill 2008
Members and procedure of boards of management Schedule 2
Schedule 2 Members and procedure of boards of
management
(Section 14 (4))
Part 1 General
1 Definitions
In this Schedule:
Chairperson, in relation to a board of management, means the
Chairperson of the board.
member means a member of a board of management.
Part 2 Constitution
2 Terms of office of members
Subject to this Schedule and the regulations, a member holds office for
such period (not exceeding 4 years) as is specified in the member's
instrument of appointment, but is eligible (if otherwise qualified) for
re-appointment.
3 Remuneration
A member is entitled to be paid such remuneration (including travelling
and subsistence allowances) as the Minister may from time to time
determine in respect of the member.
4 Vacancy in office of member
(1) The office of a member becomes vacant if the member:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the
Minister, or
(d) is removed from office by the Minister under this clause, or
(e) is absent from 3 consecutive meetings of the board of
management of which reasonable notice has been given to the
member personally or by post, except on leave granted by the
Minister or unless the member is excused by the Minister for
having been absent from those meetings, or
Page 23
Sporting Venues Authorities Bill 2008
Schedule 2 Members and procedure of boards of management
(f) becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his or her
creditors or makes an assignment of his or her remuneration for
their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is punishable
by imprisonment for 12 months or more or is convicted
elsewhere than in New South Wales of an offence that, if
committed in New South Wales, would be an offence so
punishable.
(2) The Minister may remove a member from office at any time.
5 Filling of vacancy in office of member
If the office of any member becomes vacant, a person is, subject to this
Act and the regulations, to be appointed to fill the vacancy.
6 Chairperson
(1) The Chairperson vacates office as Chairperson if he or she:
(a) is removed from that office by the Minister under this clause, or
(b) resigns that office by instrument in writing addressed to the
Minister, or
(c) ceases to be a member.
(2) The Minister may at any time remove the Chairperson from office as
Chairperson.
7 Deputies
(1) The Minister may, from time to time, appoint a person to be the deputy
of a member, and may revoke any such appointment.
(2) In the absence of a member, the member's deputy may, if available, act
in the place of the member.
(3) While acting in the place of a member, a person has all the functions of
the member and is taken to be a member.
(4) For the purposes of this clause, a vacancy in the office of a member is
taken to be an absence of the member.
(5) A deputy of a member is entitled to be paid such remuneration
(including travelling and subsistence allowances) as the Minister may
from time to time determine in respect of the member.
Page 24
Sporting Venues Authorities Bill 2008
Members and procedure of boards of management Schedule 2
(6) This clause does not operate to confer on the deputy of a member who
is the Chairperson of the board of management the member's functions
as Chairperson.
8 Disclosure of pecuniary interests
(1) If:
(a) a member has a direct or indirect pecuniary interest in a matter
being considered or about to be considered at a meeting of the
board of management, and
(b) the interest appears to raise a conflict with the proper
performance of the member's duties in relation to the
consideration of the matter,
the member must, as soon as possible after the relevant facts have come
to the member's knowledge, disclose the nature of the interest at a
meeting of the board.
(2) A disclosure by a member at a meeting of the board of management that
the member:
(a) is a member, or is in the employment, of a specified company or
other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified company
or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person that may arise
after the date of the disclosure and that is required to be disclosed under
subclause (1).
(3) Particulars of any disclosure made under this clause must be recorded
by the board of management in a book kept for the purpose and that
book must be open at all reasonable hours to inspection by any person
on payment of the fee determined by the board.
(4) After a member has disclosed the nature of an interest in any matter, the
member must not, unless the Minister or the board of management
otherwise determines:
(a) be present during any deliberation of the board with respect to the
matter, or
(b) take part in any decision of the board with respect to the matter.
(5) For the purposes of the making of a determination by the board of
management under subclause (4), a member who has a direct or indirect
pecuniary interest in a matter to which the disclosure relates must not:
Page 25
Sporting Venues Authorities Bill 2008
Schedule 2 Members and procedure of boards of management
(a) be present during any deliberation of the board for the purpose of
making the determination, or
(b) take part in the making by the board of the determination.
(6) A contravention of this clause does not invalidate any decision of the
board of management.
9 Effect of certain other Acts
(1) Chapter 1A of the Public Sector Employment and Management Act
2002 does not apply to or in respect of the appointment of a member.
(2) If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified office to
devote the whole of his or her time to the duties of that office, or
(b) prohibiting the person from engaging in employment outside the
duties of that office,
the provision does not operate to disqualify the person from holding that
office and also the office of a member or from accepting and retaining
any remuneration payable to the person under this Act as a member.
Part 3 Procedure
10 General procedure
The procedure for the calling of meetings of a board of management and
for the conduct of business at those meetings is, subject to this Act and
the regulations, to be as determined by the board.
11 Quorum
The quorum for a meeting of a board of management is a majority of its
members for the time being.
12 Presiding member
(1) The Chairperson (or, in the absence of the Chairperson, a person elected
by the members of the board of management who are present at a
meeting of the board) is to preside at a meeting of the board.
(2) The presiding member has a deliberative vote and, in the event of an
equality of votes, has a second or casting vote.
13 Voting
A decision supported by a majority of the votes cast at a meeting of the
board of management at which a quorum is present is the decision of the
board.
Page 26
Sporting Venues Authorities Bill 2008
Members and procedure of boards of management Schedule 2
14 Transaction of business outside meetings or by telephone
(1) A board of management may, if it thinks fit, transact any of its business
by the circulation of papers among all the members of the board for the
time being, and a resolution in writing approved in writing by a majority
of those members is taken to be a decision of the board.
(2) The board of management may, if it thinks fit, transact any of its
business at a meeting at which members (or some members) participate
by telephone, closed-circuit television or other means, but only if any
member who speaks on a matter before the meeting can be heard by the
other members.
(3) For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each member have the same voting rights as they
have at an ordinary meeting of the board of management.
(4) A resolution approved under subclause (1) is, subject to the regulations,
to be recorded in the minutes of the meetings of the board of
management.
(5) Papers may be circulated among the members for the purposes of
subclause (1) by facsimile or other transmission of the information in
the papers concerned.
15 First meeting
The Minister may call the first meeting of a board of management in
such manner as the Minister thinks fit.
Page 27
Sporting Venues Authorities Bill 2008
Schedule 3 Dissolutions, amalgamations and changes of name of regional sporting
venues authorities
Schedule 3 Dissolutions, amalgamations and
changes of name of regional sporting
venues authorities
(Section 18)
Part 1 Interpretation
1 Definitions
In this Schedule:
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.
transferee means the person or body to which any assets, rights or
liabilities are transferred by operation of a provision of this Schedule.
transferor means the person or body from which any assets, rights or
liabilities are transferred by operation of a provision of this Schedule.
Part 2 Dissolution and amalgamation orders
2 Dissolution orders
On and from the date specified in an order under section 17 (1) (a) for
the dissolution of a regional sporting venues authority:
(a) the regional sporting venues authority is dissolved, and
(b) the members of the board of management cease to hold office,
but are not entitled to be paid any compensation by reason of
ceasing to hold office, and
(c) the assets, rights and liabilities of the regional sporting venues
authority are transferred to the Minister (or any other person or
body specified in the order).
3 Amalgamation orders
On and from the date specified in an order under section 17 (1) (b) for
the amalgamation of 2 or more regional sporting venues authorities:
(a) each regional sporting venues authority amalgamated by the
order is dissolved, and
(b) the members of the boards of management cease to hold office,
but are not entitled to be paid any compensation by reason of
ceasing to hold office, and
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Sporting Venues Authorities Bill 2008
Dissolutions, amalgamations and changes of name of regional sporting Schedule 3
venues authorities
(c) the members are eligible (if otherwise qualified) to be appointed
as members of the board of management for the amalgamated
regional sporting venues authority, and
(d) the assets, rights and liabilities of each amalgamating regional
sporting venues authority are transferred to the amalgamated
regional sporting venues authority.
4 Vesting of undertaking in transferee
(1) When any assets, rights or liabilities are transferred by operation of this
Part, the following provisions have effect:
(a) the assets of the transferor vest in the transferee by virtue of this
clause and without the need for any further conveyance, transfer,
assignment or assurance,
(b) the rights or liabilities of the transferor become by virtue of this
clause the rights or liabilities of the transferee,
(c) all proceedings relating to the assets, rights or liabilities
commenced before the transfer by, or on behalf of or against the
transferor or a predecessor of the transferor and pending
immediately before the transfer are taken to be proceedings
pending by or against the transferee,
(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 the transferor 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 the transferee,
(e) a reference in any Act, in any instrument made under any Act or
in any document of any kind to the transferor or a predecessor of
the transferor is (to the extent to which it relates to those assets,
rights or liabilities but subject to the regulations) is to be read as,
or as including, a reference to the transferee.
(2) The operation of this clause 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, or
(d) as an event of default under any contract or other instrument.
Page 29
Sporting Venues Authorities Bill 2008
Schedule 3 Dissolutions, amalgamations and changes of name of regional sporting
venues authorities
(3) No attornment to the transferee by a lessee from the transferor is
required.
(4) A transfer is subject to the terms and conditions of the order by which it
is effected.
(5) No compensation is payable to any person or body in connection with a
transfer to which this Part applies except to the extent (if any) to which
the order giving rise to the transfer so provides.
5 Date of vesting
A transfer referred to in this Part takes effect on the date specified in the
order by which it is effected.
6 Consideration for vesting
The Minister may, by order in writing, specify the consideration on
which a transfer referred to in this Part is made and the value or values
at which the assets, rights or liabilities are transferred.
7 Confirmation of vesting
(1) The Minister may, by notice in writing, confirm a transfer of particular
assets, rights or liabilities by operation of this Part.
(2) Such a notice is conclusive evidence of that transfer.
Part 3 Orders changing names of regional sporting
venues authorities
8 Name changes do not affect status of authority
(1) This clause applies on and from the date specified in an order made
under section 17 (1) (c) changing the name of a regional sporting venues
authority.
(2) A change of name of a regional sporting venues authority by an order
under section 17 (1) (c) does not operate:
(a) to create a new legal entity, or
(b) to prejudice or affect the identity of the body corporate
constituted as a regional sporting venues authority or its
continuity as a body corporate, or
(c) to affect the property, or the rights or obligations, of the regional
sporting venues authority, or
(d) to render defective any legal proceedings by or against the
regional sporting venues authority,
Page 30
Sporting Venues Authorities Bill 2008
Dissolutions, amalgamations and changes of name of regional sporting Schedule 3
venues authorities
and any legal proceedings that could have been continued or
commenced by or against the regional sporting venues authority by its
former name may be continued or commenced by or against it by its
new name.
Part 4 Savings and transitional regulations
9 Regulations
(1) The regulations may contain other provisions of a savings or transitional
nature consequent on the making of an order under section 17.
(2) A provision referred to in subclause (1) which relates to a particular
order may, if the regulations so provide, take effect as from the date of
the order or a later day.
(3) To the extent to which a provision referred to in subclause (1) takes
effect from a date that is earlier than the date of its publication in the
Gazette, the provision does not operate so as:
(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 in the Gazette, 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 in the Gazette.
(4) A provision referred to in subclause (1) has, if the regulations so
provide, effect despite any other clause of this Schedule.
Page 31
Sporting Venues Authorities Bill 2008
Schedule 4 Land to be vested in sporting venues authorities
Schedule 4 Land to be vested in sporting venues
authorities
(Sections 22, 23, 24)
Page 32
Sporting Venues Authorities Bill 2008
Savings, transitional and other provisions Schedule 5
Schedule 5 Savings, transitional and other
provisions
(Section 41)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect from
the date of assent to the Act concerned or a later date.
(3) 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:
(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.
Part 2 Provisions consequent on enactment of this
Act
2 Definitions
In this Part, former Trust means:
(a) the Newcastle International Sports Centre Trust, or
(b) the Newcastle Showground and Exhibition Centre Trust.
3 State Sporting Venues Authority
The State Sporting Venues Authority is a continuation of, and the same
legal entity as, the corporation sole with the corporate name "Minister
administering the Sporting Venues Management Act 2002"
incorporated by that Act.
4 Dissolution of former Trusts
(1) The Newcastle International Sports Centre Trust is dissolved.
(2) The Newcastle Showground and Exhibition Centre Trust is dissolved.
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Sporting Venues Authorities Bill 2008
Schedule 5 Savings, transitional and other provisions
(3) On the dissolution of a former Trust, each person who was a trustee of
the Trust immediately before its dissolution ceases to hold office as
such. No compensation is payable to any such person as the result of the
operation of this subclause.
5 Transfer of assets, rights and liabilities of former Trusts
(1) In this clause:
transferor, in relation to the transfer of an asset, right or liability by or
under this clause, means the former Trust from which the asset, right or
liability is transferred.
(2) On the commencement of this clause, the assets, rights or liabilities of a
former Trust are transferred to the Hunter Region Sporting Venues
Authority.
(3) When any asset, right or liability is transferred by operation of this
clause, the following provisions have effect with respect to the transfer:
(a) the assets of the transferor vest in the Hunter Region Sporting
Venues Authority by virtue of this clause and without the need
for any conveyance, transfer, assignment or assurance,
(b) the rights and liabilities of the transferor become by virtue of this
clause the rights and liabilities of the Hunter Region Sporting
Venues Authority,
(c) all proceedings relating to the assets, rights or liabilities
commenced before the transfer by or on behalf of, or against, the
transferor and pending immediately before the transfer are taken
to be proceedings pending by or against the Hunter Region
Sporting Venues Authority,
(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 the transferor 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 the Hunter Region Sporting Venues
Authority,
(e) a reference in any Act, in any instrument made under any Act or
in any document of any kind to the transferor or a predecessor of
the transferor is (to the extent that it relates to those assets, rights
or liabilities but subject to the regulations), to be read as, or as
including, a reference to the Hunter Region Sporting Venues
Authority.
(4) The operation of this clause is not to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil
wrong, or
Page 34
Sporting Venues Authorities Bill 2008
Savings, transitional and other provisions Schedule 5
(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, or
(d) as an event of default under any contract or other instrument.
(5) No attornment to the transferee by a lessee from a transferor is required.
(6) For all purposes, a former Trust is taken to have had a fee simple,
immediately before the commencement of this clause, in land in respect
of which it was a reserve trust under the Crown Lands Act 1989
immediately before that commencement.
(7) Subclause (6) has effect despite any provision of the Crown Lands Act
1989 and, in particular, section 100 of that Act.
6 Confirmation of vesting
(1) The Minister may, by notice in writing, confirm a transfer of particular
assets, rights or liabilities by operation of this Part.
(2) Such a notice is conclusive evidence of that transfer.
7 Previous grants, reservation or dedications
Land of a former Trust transferred by operation of this Act is transferred
free of any reservation, grant or dedication to which the land was
subject under any Act or law.
8 Newcastle Agricultural, Horticultural, and Industrial Association
No compensation is payable to or in respect of the Newcastle
Agricultural, Horticultural, and Industrial Association as the result of
the operation of this Act.
9 Establishment of club within the Centre
(1) The club established under section 9 of the Newcastle International
Sports Centre Act 1967 may continue as a registered club and may be
operated and managed by the Hunter Region Sporting Venues
Authority.
(2) For the purposes of the Registered Clubs Act 1976, the Hunter Region
Sporting Venues Authority:
(a) is taken to be the governing body of the club responsible for the
management of the business and affairs of the club, and
Page 35
Sporting Venues Authorities Bill 2008
Schedule 5 Savings, transitional and other provisions
(b) is taken to have been elected annually by the full members of the
club.
(3) Subclause (2) is taken to be a rule of the club for the purposes of the
Registered Clubs Act 1976.
(4) Subject to this Act, the Hunter Region Sporting Venues Authority may
make rules for the conduct and management of the club and may amend
or revoke any such rules.
(5) Any rules made under section 9 of the Newcastle International Sports
Centre Act 1967 and in force immediately before the repeal of that
section are taken to have been made by the Hunter Region Sporting
Venues Authority under this clause and may be revoked or amended
accordingly.
Page 36
Sporting Venues Authorities Bill 2008
Amendment of Acts Schedule 6
Schedule 6 Amendment of Acts
(Section 42)
6.1 Fines Act 1996 No 99
Schedule 1 Statutory provisions under which penalty notices issued
Insert in alphabetical order:
Sporting Venues Authorities Act 2008, section 38
6.2 Native Title (New South Wales) Act 1994 No 45
[1] Section 104A Saving of native title rights and interests with respect to
national parks and other reservations, dedications or declarations
Insert ", the Sporting Venues Authorities Act 2008" after "Western Sydney
Parklands Act 2006" in section 104A (1) (a).
[2] Section 104A (1) (d)
Insert after section 104A (1) (c):
(d) an order under section 24 of the Sporting Venues
Authorities Act 2008 that vests land in a sporting venues
authority,
6.3 Public Finance and Audit Act 1983 No 152
[1] Schedule 2 Statutory bodies
Insert in alphabetical order:
Hunter Region Sporting Venues Authority
State Sporting Venues Authority
[2] Schedule 2
Omit:
Newcastle International Sports Centre Trust
Newcastle Showground and Exhibition Centre Trust
Page 37
Sporting Venues Authorities Bill 2008
Schedule 6 Amendment of Acts
6.4 Registered Clubs Act 1976 No 31
[1] Section 10 Requirements to be met by clubs
Omit "section 9 (1) of the Newcastle International Sports Centre Act 1967"
from section 10 (3).
Insert instead "clause 9 of Schedule 5 to the Sporting Venues Authorities Act
2008".
[2] Section 30 Rules of registered clubs
Omit "section 9 (1) of the Newcastle International Sports Centre Act 1967"
from section 30 (6) (a).
Insert instead "clause 9 of Schedule 5 to the Sporting Venues Authorities Act
2008".
[3] Section 72 Sydney Cricket Ground Club and Newcastle International
Sports Centre Club
Omit "section 9 (1) of the Newcastle International Sports Centre Act 1967"
from section 72 (1).
Insert instead "clause 9 of Schedule 5 to the Sporting Venues Authorities Act
2008".
Page 38
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