victoria racing club act 2006 - victorian legislation and ...file/06-40a003.docx · web...

Version No. 003

Victoria Racing Club Act 2006No. 40 of 2006

Version incorporating amendments as at 22 June 2011

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 23 Definitions 2

PART 2—VRC LIMITED AND FLEMINGTON RACECOURSE LAND 4

Division 1—Functions, powers and responsibilities of VRC Limited in respect of Flemington Racecourse 4

4 VRC Limited has functions while lessee 45 Functions of VRC Limited in respect of Flemington

Racecourse land 46 Use of Flemington Racecourse land as public racecourse 47 Other use of Flemington Racecourse land 48 Borrowing against Flemington Racecourse land not

permitted 59 Maintenance of buildings on the Flemington Racecourse

land 510 Erection of new buildings and improvements 511 Further lease of land 612 Management of land at end of lease 6

Division 2—Maintenance of Flemington Racecourse land 6

13 Inspection of land and buildings by authorised officer 614 Authorised officer to provide identification 715 Inspection certificate 716 Notice to repair 717 VRC Limited may object to notice to repair 818 VRC Limited may request extension 1019 VRC Limited must comply with notice to repair 10

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Division 3—Regulations for Flemington Racecourse land 11

20 Regulations 11

Division 4—Resumption of Crown lease 12

21 Crown to resume possession of Flemington Racecourse land if not used as racecourse 12

22 Effect of declaration 1223 Flemington Racecourse land to revert to Crown if VRC

Limited wound up 1324 Compensation for buildings if Crown takes possession of

Flemington Racecourse land 1325 Registrar of Titles to make necessary amendments to records 13

PART 3—TRANSFER OF PROPERTY, RIGHTS AND LIABILITIES TO VRC LIMITED 14

26 Definitions 1427 Crown lease 1428 Sub-leases and licences 1529 Legal proceedings 1530 Property and rights 1531 Liabilities 1532 Race-course licence 1633 Racing-club licence 1634 Venue operator's licence 1635 On-premises licence 1636 Superseded references 1637 Taxes 1738 Validity of things done under this Part 1739 Registrar of Titles to make necessary amendments to records 18

PART 4—Repealed 18

40–43 Repealed 18═══════════════

ENDNOTES 19

1. General Information 19

2. Table of Amendments 20

3. Explanatory Details 21

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Version No. 003


Version incorporating amendments as at 22 June 2011

PreambleThe Chairman of the committee of the Victoria Racing Club (and his or her successors), on behalf of the Victoria Racing Club, was, by operation of The Victoria Racing Club Act 1871 and The Victoria Racing Club Act 1956, granted a Crown lease of land at Flemington to be used for the purpose of a public racecourse.

Victoria Racing Club Limited A.C.N. 119 214 078 was incorporated under the Corporations Act on 10 April 2006.

It is expedient to provide for Victoria Racing Club Limited to be the lessee under the Crown lease and to be responsible for the management of the public racecourse and the leased land in place of the Chairman of the committee of the Victoria Racing Club.

It is also expedient to provide for the transfer of all other property, rights and liabilities held by the Victoria Racing Club or the Chairman on behalf of the Victoria Racing Club to Victoria Racing Club Limited.

The Parliament of Victoria therefore enacts as follows:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to provide for the powers, functions and responsibilities of Victoria Racing Club

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Limited in respect of the management of Flemington Racecourse;

(b) to transfer the Crown lease vested in the Chairman of the committee of the Victoria Racing Club to Victoria Racing Club Limited;

(c) to transfer all other property, rights and liabilities held by the Victoria Racing Club or the Chairman of the committee of the Victoria Racing Club on behalf of the Victoria Racing Club to Victoria Racing Club Limited;

(d) to repeal The Victoria Racing Club Act 1871.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day to be proclaimed.

(2) If this Act does not come into operation before 1 January 2007, it comes into operation on that day.

3 Definitions

In this Act—

authorised officer means a person appointed under Part 9 of the Conservation, Forests and Lands Act 1987 as an authorised officer for the purposes of this Act;

Crown Land Minister means the Minister for the time being administering the Crown Land (Reserves) Act 1978;

Crown lease means Crown Lease Volume 1205 Folio 019 and, in Part 2, includes a lease granted under section 11;

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s. 2

Flemington Racecourse land means the land—

(a) for the time being described in the Crown lease; and

(b) any land adjoining that land that is leased to VRC Limited under the Land Act 1958 for a purpose relating to the public racecourse;

inspection certificate means an inspection certificate completed under section 15(1);

Racing Minister means the Minister for the time being administering the Racing Act 1958;

Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;

VRC means the Victoria Racing Club;

VRC Limited means Victoria Racing Club Limited A.C.N. 119 214 078.

__________________

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s. 3

PART 2—VRC LIMITED AND FLEMINGTON RACECOURSE LAND

Division 1—Functions, powers and responsibilities of VRC Limited in respect of Flemington Racecourse

4 VRC Limited has functions while lessee

VRC Limited has the functions, powers and responsibilities conferred on it under this Part only while it is the lessee of the Flemington Racecourse land.

5 Functions of VRC Limited in respect of Flemington Racecourse land

The functions of VRC Limited in respect of the Flemington Racecourse land are—

(a) to manage the land for the purpose of a public racecourse; and

(b) to maintain and use that land for that purpose and any other purpose authorised under this Part.

6 Use of Flemington Racecourse land as public racecourse

VRC Limited may use the Flemington Racecourse land—

(a) as a site for a public racecourse; and

(b) for any other purpose not inconsistent with the use of the land as a public racecourse.

7 Other use of Flemington Racecourse land

(1) VRC Limited may use or grant sub-leases or licences in respect of any part of the Flemington Racecourse land for any purpose approved in writing by the Crown Land Minister.

s. 4Part 1—Preliminary


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(2) The Crown Land Minister must not grant an approval under subsection (1) unless the Crown Land Minister considers that the purpose—

(a) is connected with and for the benefit of horse-racing in Victoria; and

(b) will not prevent or hinder the use or development of the remainder of the land as a public racecourse.

(3) VRC Limited may determine the terms and conditions on which a sub-lease or licence is granted under subsection (1).

8 Borrowing against Flemington Racecourse land not permitted

VRC Limited must not charge or borrow against the Flemington Racecourse land.

9 Maintenance of buildings on the Flemington Racecourse land

VRC Limited must ensure that all buildings on the Flemington Racecourse land are maintained.

10 Erection of new buildings and improvements

(1) VRC Limited may erect or re-erect buildings and improvements on the Flemington Racecourse land if this is—

(a) necessary or expedient for the use of the land as a public racecourse; or

(b) not inconsistent with the use of the land as a public racecourse.

(2) With the approval of the Crown Land Minister, VRC Limited may erect other buildings and other improvements on the Flemington Racecourse land.



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(3) The Crown Land Minister may only approve a proposal under subsection (2) if the Minister is of the opinion that the erection of the proposed new buildings or improvements will not be detrimental to the use of the Flemington Racecourse land as a public racecourse.

11 Further lease of land

(1) The Governor in Council may grant a further lease or leases of any part of the land described in Crown lease Volume 1205 Folio 019 to VRC Limited for a term not exceeding 99 years.

(2) A lease granted under this section may contain options for the lessee to renew the lease for a further term or terms.

(3) If the lease contains options for renewal of the lease by the lessee, the aggregate of the original term and the further term or terms must not exceed 99 years.

12 Management of land at end of lease

VRC Limited may continue to manage the Flemington Racecourse land for a period of 3 months after the end of the term of the Crown lease on the same terms as if the land were still subject to that lease.

Division 2—Maintenance of Flemington Racecourse land

13 Inspection of land and buildings by authorised officer

An authorised officer may enter the Flemington Racecourse land at any reasonable time and on reasonable notice to inspect the land and buildings.



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14 Authorised officer to provide identification

An authorised officer must, at any time during the exercise of a power under section 13, produce evidence of his or her appointment as an authorised officer for inspection on request by an officer or employee of VRC Limited.

15 Inspection certificate

(1) After completing an inspection under section 13, an authorised officer must complete an inspection certificate if the authorised officer is of the opinion that—

(a) the Flemington Racecourse land is not fit for the purposes of a public racecourse; or

(b) a building on the Flemington Racecourse land is—

(i) in want of repair; or

(ii) unsafe to the public; or

(iii) unfit for use in any other respect.

(2) An inspection certificate must be provided to the Secretary as soon as possible after the inspection is completed.

16 Notice to repair

(1) The Secretary may issue a notice to repair to VRC Limited if the Secretary has been provided with an inspection certificate.

(2) A notice to repair must—

(a) contain a detailed statement of the matters identified by the authorised officer in the inspection certificate;

(b) set out how each matter is expected to be repaired, remedied or otherwise addressed;



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(c) direct VRC Limited to repair, remedy or otherwise address those matters;

(d) state the date by which those matters are expected to be repaired, remedied or otherwise addressed;

(e) state that VRC Limited may object to the notice to repair in accordance with section 17;

(f) state the date (being not less than 14 days after the date of the notice) by which the objection must be made.

(3) A date set out in a notice to repair by which a matter must be addressed must be reasonable in the circumstances having regard to the nature and extent of the matters identified and must not be less than 21 days after the date of the notice.

(4) The Secretary must cause a notice to repair to be served on VRC Limited by registered post addressed to the registered office of VRC Limited.

17 VRC Limited may object to notice to repair

(1) VRC Limited may object to the Crown Land Minister against a notice of repair.

(2) An objection to a notice to repair must—

(a) be in writing; and

(b) be given to the Crown Land Minister within the time for objection set out in the notice to repair; and

(c) set out the reasons for objection.



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(3) If VRC Limited objects under this section to a notice to repair, it is not required to comply with the notice to repair until a decision is made under this section confirming the notice to repair.

(4) Before making a decision on an objection, the Crown Land Minister must consider—

(a) the authorised officer's inspection certificate; and

(b) the notice to repair issued by the Secretary; and

(c) the reasons for the objection.

(5) After considering the matters under subsection (4), the Crown Land Minister may—

(a) cancel the notice to repair; or

(b) confirm the notice to repair with or without variations.

(6) The Crown Land Minister must advise VRC Limited of a decision under subsection (5).

(7) The advice of the decision must—


(b) set out the reasons for making the decision; and

(c) if the notice to repair is confirmed, set out—

(i) any variations made by the Crown Land Minister; and

(ii) the date by which the notice to repair must be complied with; and

(d) be served on VRC Limited by registered post addressed to the registered office of VRC Limited.



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(8) The date for compliance set out in the advice must be reasonable in the circumstances having regard to the nature and extent of the matters identified and must not be less than 21 days after the date on which the advice was served.

18 VRC Limited may request extension

(1) VRC Limited may request the Crown Land Minister for an extension of time to comply with the notice to repair.

(2) A request under subsection (1) must—


(b) set out the reasons why VRC Limited is unable to address the matters set out in the notice by the required date.

(3) The Crown Land Minister may grant the request and set a new date for compliance with the notice to repair.

19 VRC Limited must comply with notice to repair

Unless the notice to repair has been cancelled under section 17, VRC Limited must comply with a notice to repair on or before the last of the following to occur—

(a) the date for compliance set out in the notice;

(b) if an objection has been made under section 17, the date for compliance advised under that section;

(c) if a date is set by the Crown Land Minister under section 18, that date.

Penalty:60 penalty units.



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Division 3—Regulations for Flemington Racecourse land

20 Regulations

(1) The Racing Minister may make regulations for or with respect to—

(a) the care, protection and good order of the Flemington Racecourse land; and

(b) the safety of persons or animals on the Flemington Racecourse land or occupying or using any building or structure or any part of any building or structure on the Flemington Racecourse land; and

(c) the imposition, collection and receipt of tolls, fees, rents or other charges for or in respect of—

(i) entry on the Flemington Racecourse land or any specified part of the Flemington Racecourse land by any person, animal or vehicle; or

(ii) any improvements, services or facilities on the Flemington Racecourse land (including car parks); and

(d) the setting aside by VRC Limited of particular areas of the Flemington Racecourse land for specific purposes; and

(e) any other matter that the Minister considers necessary or convenient to ensure that the Flemington Racecourse land is used and managed in accordance with this Act.

(2) The regulations may confer and impose on VRC Limited any functions, authorities, restrictions and duties that the Minister thinks necessary.

(3) The regulations may impose penalties not exceeding 20 penalty units for a contravention of the regulations.



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(4) The regulations and any amendment or revocation of the regulations must be published in the Government Gazette.

Division 4—Resumption of Crown lease

21 Crown to resume possession of Flemington Racecourse land if not used as racecourse

(1) If the Crown Land Minister is satisfied that—

(a) VRC Limited has for a continuous period of 11 months, without the consent of the Governor in Council, ceased to maintain and use the Flemington Racecourse land as a site for a public racecourse or for a purpose authorised by or under this Part; and

(b) VRC Limited has not rectified the matter within 30 days after receiving notice from the Minister to do so—

the Minister may declare by notice in the Government Gazette that the Crown lease is terminated.

(2) The Crown Land Minister must not declare under subsection (1) that the Crown lease is terminated unless the Minister has first given VRC Limited an opportunity to be heard.

22 Effect of declaration

When a declaration is made under section 21—

(a) any interest created under the lease ceases; and

(b) the Crown is entitled to resume possession of the Flemington Racecourse land; and

(c) the right and title of VRC Limited to the lease and the land is terminated.



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23 Flemington Racecourse land to revert to Crown if VRC Limited wound up

If VRC Limited is wound up, the right to possession of the Flemington Racecourse land reverts to the Crown.

24 Compensation for buildings if Crown takes possession of Flemington Racecourse land

(1) Before taking possession of the Flemington Racecourse land under this Division, the Crown must pay compensation for the value of all buildings and improvements on the land to VRC Limited.

(2) If there is a dispute about the amount of compensation to be paid under subsection (1), the dispute must be determined in accordance with Part 10 of the Land Acquisition and Compensation Act 1986.

25 Registrar of Titles to make necessary amendments to records

The Registrar of Titles, on being requested to do so and on submission of any relevant certificate of title or other document, must make any amendments to the Register that are necessary because of the operation of any provision of this Part.

__________________



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PART 3—TRANSFER OF PROPERTY, RIGHTS AND LIABILITIES TO VRC LIMITED

26 Definitions

In this Part—

commencement day means the day on which this Act comes into operation;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

old Act means The Victoria Racing Club Act 1871;

old body means—

(a) VRC; or

(b) the person who is the Chairman for the time being of the committee of VRC acting on behalf of VRC; or

(c) the members collectively of VRC;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective.

27 Crown lease

(1) On the commencement day the Crown lease vests in VRC Limited as lessee for the remainder of the term of the lease.

(2) On and after the commencement day—

(a) all references in the Crown lease to the lessee (however described) are to be read as references to VRC Limited;



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(b) the reference in the Crown lease to section 44 of the old Act is to be read as a reference to section 24 of this Act.

28 Sub-leases and licences

(1) Any sub-lease or licence authorised under the old Act and existing immediately before the commencement day in respect of the Flemington Racecourse land has effect on and from the commencement day as if it had been granted by VRC Limited.

(2) On and from the commencement day all references to an old body in any sub-lease or licence referred to in subsection (1) are to be read as references to VRC Limited.

(3) Nothing effected by this section in respect of a sub-lease or licence provides a person with a right to repudiate that sub-lease or licence.

29 Legal proceedings

On the commencement day VRC Limited is substituted as a party to any proceeding pending in any court or tribunal to which an old body was a party immediately before the commencement day.

30 Property and rights

On the commencement day all property and rights that, immediately before the commencement day, were vested in an old body are deemed to be vested in VRC Limited.

31 Liabilities

On the commencement day all liabilities of an old body existing immediately before the commencement day are deemed to be liabilities of VRC Limited.



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32 Race-course licence

On the commencement day the race-course licence that immediately before the commencement day was held by or on behalf of VRC under section 24 of the Racing Act 1958 is deemed for the purposes of that Act to be held by VRC Limited.

33 Racing-club licence

On the commencement day the racing-club licence that immediately before the commencement day was held by or on behalf of VRC under section 24A of the Racing Act 1958 is deemed for the purposes of that Act to be held by VRC Limited.

34 Venue operator's licence

On the commencement day the venue operator's licence that immediately before the commencement day was held by or on behalf of VRC under the Gambling Regulation Act 2003 is deemed for the purposes of that Act to be held by VRC Limited.

35 On-premises licence

On the commencement day the on-premises licence that immediately before the commencement day was held by or on behalf of VRC under the Liquor Control Reform Act 1998 is deemed for the purposes of that Act to be held by VRC Limited.

36 Superseded references

Unless the context otherwise requires, on and from the commencement day, in any Act (other than this Act), or in any instrument made under any Act or in any document of any kind, references to an old body are to be read as references to VRC Limited.



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37 Taxes

No duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of an old body.

38 Validity of things done under this Part

Nothing effected by this Part—

(a) is to be regarded as placing an old body, the State, a Minister or VRC Limited in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b) is to be regarded as placing an old body, the State, a Minister or VRC Limited in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

(d) releases any surety or other obligor wholly or in part from any obligation.



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39 Registrar of Titles to make necessary amendments to records

The Registrar of Titles, on being requested to do so and on submission of any relevant certificate of title or other document, must make any amendments to the Register that are necessary because of the operation of any provision of this Part.

__________________

* * * * *

═══════════════

s. 39

Pt 4 (Heading and ss 40–43) repealed by No. 29/2011 s. 3(Sch. 1 item 103).

Part 1—Preliminary


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ENDNOTES

1. General InformationMinister's second reading speech—

Legislative Assembly: 30 May 2006

Legislative Council: 15 June 2006

The long title for the Bill for this Act was "to provide for the functions, powers and responsibilities of Victoria Racing Club Limited in respect of Flemington Racecourse, to provide for the transfer of assets, rights and liabilities held by or on behalf of the Victoria Racing Club to Victoria Racing Club Limited, to repeal The Victoria Racing Club Act 1871 and for other purposes."

The Victoria Racing Club Act 2006 was assented to on 20 June 2006 and came into operation on 1 August 2006: Government Gazette 27 July 2006 page 1534.

EndnotesPart 1—Preliminary


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2. Table of AmendmentsThis Version incorporates amendments made to the Victoria Racing Club Act 2006 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Statute Law Revision Act 2011, No. 29/2011Assent Date: 21.6.11Commencement Date: S. 3(Sch. 1 item 103) on 22.6.11: s. 2(1)Current State: This information relates only to the provision/s

amending the Victoria Racing Club Act 2006

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



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3. Explanatory DetailsNo entries at date of publication.



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