Pt 2 (Heading) substituted by No. 60/1999 s. 7. 5 Establishment of Trust s. 5 S. 5(1) amended by No. 60/1999 s. 8. (1) There is established by this Act a Trust to be known as the State Sport Centres Trust. (2) The Trust— (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue or be sued in its corporate name; and (d) may acquire, hold and dispose of real and personal property; and (e) may do and suffer all acts and things which by law bodies corporate may do or suffer. (3) The common seal of the Trust must be kept as directed by the Trust and may only be used as authorised by the Trust. (4) All courts, judges and persons acting judicially must take judicial notice of the common seal of the Trust affixed to a document and, until the contrary is proved, must presume that it was duly affixed. 6 Functions of Trust The functions of the Trust are to provide for all or any of the following matters— S. 6(a) amended by No. 70/2004 s. 5(1). (a) the planning, design and construction of a facility to be known as the Melbourne Sports and Aquatic Centre to be used for sporting, education, recreational, social, entertainment and related purposes;
S. 6(b) amended by No. 60/1999 s. 9(a). (b) the management, operation and maintenance of the Melbourne Sports and Aquatic Centre and the State Netball and Hockey Centre; S. 6(c) amended by No. 60/1999 s. 9(b). (c) the care, improvement, use and promotion of the Melbourne Sports and Aquatic Centre and the State Netball and Hockey Centre; S. 6(d) amended by No. 60/1999 s. 9(c). (d) the efficient financial management of the Melbourne Sports and Aquatic Centre and the State Netball and Hockey Centre; S. 6(da) inserted by No. 60/1999 s. 9(d). (da) the care, protection and management of the State Netball and Hockey Centre land; s. 6 S. 6(dab) inserted by No. 70/2004 s. 5(2). (dab) the care, protection and management of the Melbourne Sports and Aquatic Centre land, including maintaining that land and the facilities on that land to a standard that complements Albert Park; S. 6(db) inserted by No. 60/1999 s. 9(d). (db) subject to this Act, the planning, development, management, promotion, operation and use of other sports, recreation and entertainment facilities and services in ; S. 6(dc) inserted by No. 60/1999 s. 9(d). (dc) the development, management, promotion, operation and use of facilities and services for the parking of vehicles and other necessary services to be used in conjunction with any of the facilities or services managed or operated by the Trust; S. 6(dd) inserted by No. 19/2003 s. 32(1), amended by No. 70/2004 s. 5(3). (dd) to carry out any other function conferred on or given to the Trust by or under this Act or any other Act; (e) to accept appointment and act as a committee of management of Crown lands.
(4) The Trust may engage such other officers and employees as are necessary for the performance of its functions. (5) The Trust may engage any consultants that it requires to exercise its functions. (6) The terms and conditions of appointment, employment or engagement are as determined by the Trust. 21 Delegation s. 21 The Trust may, by instrument under its common seal, delegate to one or more members of the Trust or to the chief executive officer any function, power or duty of the Trust except this power of delegation. _______________ Division 1—Management powers 22 Power to manage the Centre and land s. 22 The Trust has power to— S. 22(a) amended by No. 19/2003 s. 32(2). (a) enter into contracts, agreements or arrangements with any person or body for carrying out all or any of its functions, powers and duties under this Act or any other Act; (b) apply for, acquire and hold any licence under any Act; S. 22(c) amended by No. 60/1999 s. 12(a). (c) charge fees for entry to the Melbourne Sports and Aquatic Centre or any part of the Melbourne Sports and Aquatic Centre land or for the use of any facilities or services at the Centre or on the land;
provision of services at the Centre or on that land; and (c) in payment of any other amount— (i) authorised or required to be paid out of the Account under this Act; or (ii) agreed to by the Trust and the Minister to be paid out of the Account. S. 29 substituted by No. 11/2001 s. 3(Sch. item 70). 29 Accounts s. 29 The Trust may open and maintain one or more accounts in the name of the Trust with any authorised deposit-taking institution or institutions within the meaning of the Banking Act 1959 of the Commonwealth. 30 Business plan S. 30(1) amended by No. 60/1999 s. 15(a). (1) The Trust must prepare a separate business plan for the Melbourne Sports and Aquatic Centre and for the State Netball and Hockey Centre each year. S. 30(2) amended by No. 60/1999 s. 15(b). (2) The Trust must give a copy of each proposed plan to the Minister on or before the date in each year that is determined by the Minister. S. 30(3) amended by No. 60/1999 s. 15(c). (3) Each proposed business plan must be in or to the effect of a form approved by the Minister and must include— (a) a statement of corporate intent, being information about the objectives, main undertakings, activities, accounting policies and performance measures; (b) financial statements containing the information required by the Minister; (c) any other matters that the Minister directs.
(i) wholly or partially or as amended by the regulations; or (ii) as issued or adopted at the time the regulations are made or at any time before then. S. 32(3) amended by No. 78/2010 s. 24(Sch. 1 item 30.1). (3) The regulations may be disallowed, in whole or in part, by resolution of either House of the Parliament. S. 32(4) repealed by No. 78/2010 s. 24(Sch. 1 item 30.2). * * * * * 33 By-laws s. 33 S. 33(1) substituted by No. 60/1999 s. 17. (1) The Trust, with the approval of the Minister, may make by-laws for or with respect to fees and charges for— (a) admission to— (i) the Melbourne Sports and Aquatic Centre or any part of the Melbourne Sports and Aquatic Centre land; (ii) the State Netball and Hockey Centre or any part of the State Netball and Hockey Centre land; (iii) any other sports, recreation and entertainment facilities or services managed or operated by the Trust; (b) the use of any facilities or services—
State Sport Centres (Amendment) Act 2004, No. 70/2004 Assent Date: 19.10.04 Commencement Date: Ss 4–14 on 20.10.04: s. 2 : This information relates only to the provision/s amending the State Sport Centres Act 1994 Endnotes Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 188) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the State Sport Centres Act 1994 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 97) on 11.10.06: s. 2(1) : This information relates only to the provision/s amending the State Sport Centres Act 1994 Subordinate Legislation Amendment Act 2010, No. 78/2010 Assent Date: 19.10.10 Commencement Date: S. 24(Sch. 1 item 30) on 1.1.11: s. 2(1) : This information relates only to the provision/s amending the State Sport Centres Act 1994 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.