Version No. 026
Commonwealth Games Arrangements Act
2001
No. 57 of 2001
Version incorporating amendments as at 16 December 2009
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
3
3A
3B
3C
3D
4
4A
1
Purposes
Commencement
Definitions
Declaration of Games related facilities
Declaration of test events
Declaration of Games periods
Declaration of prohibited items
Act binds the Crown
Extraterritorial operation
PARTS 1A, 1B—Repealed
16
4B–4ZH Repealed
16
PART 2—COMMONWEALTH GAMES ADVISORY
COMMITTEES
5
6
7
8
9
10
11
12
13
1
2
2
14
14
15
15
15
16
Commonwealth Games Advisory Committees
Functions of Advisory Committees
Membership of Advisory Committees
Terms of appointment
Resignation and removal
Procedure at meetings
Public consultation
Disclosure of interests
Advisory Committee may continue work of existing
committee
i
17
17
17
18
19
19
19
20
21
21
Section
Page
PART 3—COMMONWEALTH GAMES VENUES AND
FACILITIES AND GAMES MANAGEMENT AREAS
23
Division 1—Orders
23
14
15
16
17
18
19
Declaration of Commonwealth Games venue
Declaration of Commonwealth Games project
Declaration of designated access areas
Project Orders must designate person responsible
Orders to be tabled in Parliament
Amendment and revocation of Orders
Division 2—Application of laws
20
21
22
23
24
25
23
23
25
25
26
26
26
Planning and Environment Act 1987
Heritage Act 1995
Environment Effects Act 1978
Coastal Management Act 1995
Crown Land (Reserves) Act 1978
Building Act 1993
Division 3—Role of Secretary
26
26
27
27
27
28
28
25A The Secretary is a body corporate
26
Role of Secretary
27
Contracts and agreements
28
Delegation by Secretary
28AA
Delegation of prescribed powers and functions
28A Secretary is subject to Ministerial control
28B Department Head's powers are not affected
28
29
30
31
31
31
32
PART 3A—Repealed
32
28C–28H Repealed
32
PART 4—GENERAL POWERS AND DUTIES IN RELATION
TO COMMONWEALTH GAMES PROJECTS AND GAMES
MANAGEMENT AREAS
33
Division 1—Obtaining Land for the purposes of a project
33
29
30
31
32
33
Grant of land to Secretary
Surrender or divesting of land of other bodies
Surrender of interests in unreserved Crown land
Acquisition by agreement
Compulsory acquisition
33
35
36
38
38
Division 2—Compensation for surrendered or divested land
39
34
Right to compensation on surrender or divesting
ii
39
Section
Page
Division 3—Entry into possession of surrendered or divested land
35
36
37
38
39
40
41
42
Interpretation
Power to enter into possession
Entry into possession
Recovery of rent
Proceedings where refusal to give up possession
Residential Tenancies Act 1997 not to apply
Giving of notice
Minor misdescription not to invalidate notice
Division 4—Disposing of land not required for a project
43
44
Secretary may surrender land to the Crown
Disposing of land
Division 5—Powers relating to roads
44A
44B
45
45A
General powers relating to roads
Closing roads
Temporary closure of roads
Deemed permit under section 99B of Road Safety Act 1986
Division 6—Government guarantees
46
39
39
40
40
43
43
44
44
45
45
45
45
47
47
49
49
50
51
Treasurer may execute guarantees in respect of project
51
Division 7—Restoration of temporary venues or designated
access areas
52
47
Restoration of designated access area or temporary venue
Division 8—Action by Registrar of Titles
48
Action by Registrar of Titles
52
54
54
PART 4A—COMMONWEALTH GAMES VILLAGE
55
Division 1—Planning powers
55
48A Games Village
48B Minister to have planning powers
Division 2—Revocation of reservations on Games Village land
48C Revocation of reservations
48D Consequences of revoking reservations
48E Registrar of Titles to make necessary amendments
iii
55
55
55
55
56
56
Section
Page
PART 5—PROTECTION OF COMMONWEALTH GAMES
PROJECT WORKS AND GAMES MANAGEMENT AREAS
49
Restricted access areas
50
Certificates of authorisation
50A Declaration of persons authorised to be in restricted access
areas other than during Games period
50B Authorisation to be in restricted access areas by Corporation
during Games period
51
Secretary may warn people to leave declared area
51A Warning people to leave restricted access area
51B Direction not to enter restricted access area
52
Offence to enter any part of restricted access area
53
Evidence as to area being marked off
54
Interference with activities
55
Offence not to produce certificate on demand
56
Power to remove offenders
57
57
57
58
59
60
60
61
61
62
62
63
64
PARTS 5AA–5B—Repealed
66
56AA–56ZZK Repealed
66
PART 6—GENERAL
67
Division 1—Authorised officers
67
57AA
57AB
57AC
57AD
57AE
57AF
Appointment of authorised officers
Identification of authorised officers
Offence to hinder or obstruct authorised officer
Offence to impersonate authorised officer
Monitoring
Delegation under this Part by Secretary
Division 2—Powers of authorised officers
57AG
57AH
57AI
Power to require name and address
Refusal to give name and address
Inspection—ticketed venues
Division 3—Miscellaneous enforcement matters
57AJ
57AK
Infringement notices
Police may use reasonable force to remove person
Division 4—Miscellaneous
67
68
69
69
69
69
70
70
71
71
73
73
73
74
57AL
No compensation
57
Regulations
57A Transitional provision—Secretary
57B Savings provision—Advisory Committees
iv
74
75
77
78
Section
Page
57C Date of abolition of Corporation
57D Corporation abolished and transfer of assets and liabilities
58
Expiry
PARTS 7–9—Repealed
59–67
78
78
78
79
Repealed
79
__________________
SCHEDULES
80
SCHEDULE 1—Land in Respect of which Reservations are
Revoked
80
SCHEDULES 2–5—Repealed
81
SCHEDULE 6—Corporation Abolished and Transfer of Assets
and Liabilities
83
1
2
3
4
5
6
Definition
Abolition of Corporation
Members of Board go out of office
Abolition of committees
Transfer of assets and liabilities
Validity of things done under this Schedule
═══════════════
83
83
83
83
83
84
ENDNOTES
86
1. General Information
86
2. Table of Amendments
87
3. Explanatory Details
89
v
Version No. 026
Commonwealth Games Arrangements Act
2001
No. 57 of 2001
Version incorporating amendments as at 16 December 2009
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1 Purposes
The main purposes of this Act are—
S. 1
substituted by
No. 16/2003
s. 4.
(a) to facilitate preparations for the
Commonwealth Games to be held in
Melbourne in 2006;
(b) to facilitate—
(i) the development of the Commonwealth
Games Village; and
(ii) the development, re-development and
use of the Games Village land after the
Commonwealth Games;
(c) to provide for the development and use of
Commonwealth Games projects,
Commonwealth Games venues and Games
related facilities, including facilities which
can be used by all Victorians after the
Commonwealth Games;
S. 1(c)
amended by
No. 64/2003
s. 4(1).
(d) to establish the Melbourne 2006
Commonwealth Games Corporation and
provide for its powers and functions;
S. 1(d)
inserted by
No. 64/2003
s. 4(2).
1
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 1—Preliminary
s. 2
S. 1(e)
inserted by
No. 64/2003
s. 4(2).
(e) to provide for various matters relating to the
organisation and conduct of the
Commonwealth Games and events and
programs associated with the
Commonwealth Games.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Definitions
(1) In this Act—
S. 3(1) def. of
ACGA
inserted by
No. 64/2003
s. 5.
ACGA means the Australian Commonwealth
Games Association Inc.;
S. 3(1) def. of
ACGA
director
inserted by
No. 64/2003
s. 5.
ACGA director means a director of the Board
appointed pursuant to section 4J(2)(b);
S. 3(1) def. of
ACGA indicia
or images
inserted by
No. 64/2003
s. 11.
ACGA indicia or images means—
(a) the name "Australian Commonwealth
Games Association";
(b) the ACGA logo, the general design of
which is set out in Part 1 of Schedule 3;
S. 3(1) def. of
advertising on
boats
authorisation
inserted by
No. 37/2005
s. 4(1).
advertising on boats authorisation means an
authorisation given by the Corporation under
section 56KJA;
Advisory Committee means a Commonwealth
Games Advisory Committee established
under Part 2;
2
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 1—Preliminary
s. 3
aerial advertising authorisation means an
authorisation given by the Corporation under
section 56KG;
S. 3(1) def. of
aerial
advertising
authorisation
inserted by
No. 13/2004
s. 4.
Australian Commonwealth Games Team means
the athletes and officials selected by ACGA
to represent Australia in the Commonwealth
Games and who are accredited by CGF as
participants in the Commonwealth Games;
S. 3(1) def. of
Australian
Commonwealth Games
Team
inserted by
No. 64/2003
s. 11.
authorised officer means a person appointed
under Division 1 of Part 6 to be an
authorised officer;
S. 3(1) def. of
authorised
officer
inserted by
No. 37/2005
s. 4(1).
Board means the board of directors of the
Melbourne 2006 Commonwealth Games
Corporation;
S. 3(1) def. of
Board
inserted by
No. 64/2003
s. 5.
broadcasting authorisation means an
authorisation given by the Corporation under
section 56KA;
S. 3(1) def. of
broadcasting
authorisation
inserted by
No. 13/2004
s. 4.
broadcasting equipment means equipment used—
S. 3(1) def. of
broadcasting
equipment
inserted by
No. 13/2004
s. 4.
(a) to broadcast, telecast or transmit by any
means whatever any sound or image; or
(b) to make a sound recording; or
(c) to make a recording of moving images,
whether by film, television, video,
digitally or otherwise—
and includes a film, digitally recorded
images and a sound recording;
3
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 1—Preliminary
s. 3
S. 3(1) def. of
CGF
inserted by
No. 64/2003
s. 5.
CGF means The Commonwealth Games
Federation;
S. 3(1) def. of
CGF director
inserted by
No. 64/2003
s. 5.
CGF director means a director of the Board
appointed pursuant to section 4J(2)(a);
S. 3(1) def. of
CGF indicia or
images
inserted by
No. 64/2003
s. 11.
CGF indicia or images means—
(a) the name "The Commonwealth Games
Federation";
(b) the CGF logo, the general design of
which is set out in Part 2 of Schedule 3;
S. 3(1) def. of
chief
executive
officer
inserted by
No. 64/2003
s. 5.
chief executive officer means the chief executive
officer of the Corporation employed under
section 4T;
Commonwealth Games means the
Commonwealth Games to be held principally
in Melbourne in 2006;
S. 3(1) def. of
Commonwealth Games
event
inserted by
No. 13/2004
s. 4.
Commonwealth Games event means an event
conducted as part of the Commonwealth
Games and includes—
(a) a sporting event; and
(b) the Queen's Baton Relay; and
(c) a test event; and
(d) a live site associated with the
Commonwealth Games; and
(e) a cultural event associated with the
Commonwealth Games;
4
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 1—Preliminary
s. 3
Commonwealth Games logo means—
(a) a Commonwealth Games logo or any
part of a Commonwealth Games logo,
the general design of which is set out in
Schedule 4;
S. 3(1) def. of
Commonwealth Games
logo
inserted by
No. 64/2003
s. 11.
(b) any other logo that is prescribed to be a
Commonwealth Games logo or any part
of such a logo;
Commonwealth Games project means a project
declared under section 15 to be a
Commonwealth Games project;
Commonwealth Games reference means—
(a) any of the following words, expressions
or figures—
(i) "Melbourne 2006 Commonwealth
Games";
(ii) "Melbourne 2006 Games";
(iii) "Melbourne Games";
(iv) "Melbourne Commonwealth
Games";
(v) "Melbourne2006";
(vi) "M2006";
(vii) "M06";
(viii) "Australian Commonwealth
Games";
(ix) "Commonwealth Games";
(x) "the Friendly Games";
(xi) any other combination of the
words "Commonwealth Games"
or "Games" and the numbers
"2006", "18th" or "XVIIIth";
5
S. 3(1) def. of
Commonwealth Games
reference
inserted by
No. 64/2003
s. 11.
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 1—Preliminary
s. 3
(xii) "Australian Commonwealth
Games Team";
(xiii) "Commonwealth Games Cultural
Program";
(xiv) "Melbourne 2006 Cultural
Program";
(xv) "M06 Cultural Program";
(xvi) "Queen's Baton Relay";
(xvii) "bronze", "silver" or "gold";
(b) any words, expressions or figures that
are prescribed to be Commonwealth
Games references;
Note
It may be an offence under this Act to use these terms
in the circumstances set out in sections 56L, 56M,
56N and 56O.
Commonwealth Games venue means an area
declared under section 14 to be a
Commonwealth Games venue;
S. 3(1) def. of
Corporation
inserted by
No. 64/2003
s. 5.
Corporation means the Melbourne 2006
Commonwealth Games Corporation
established under Part 1A;
designated access area means an area declared
under section 16 to be a designated access
area;
designated access area Order means an Order
made under section 16;
development has the same meaning as it has in the
Planning and Environment Act 1987;
6
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 1—Preliminary
s. 3
distress signal means a pyrotechnic device
intended for signalling, warning, rescue or
similar purposes, and includes marine flares
and signals, landing flares, highway fusees,
line-carrying rockets, anti-hail rockets, cloud
rockets, avalanche rockets and smoke
generators;
facilities means—
(a) facilities required for, convenient for or
ancillary to the hosting of the
Commonwealth Games, including, but
not limited to—
(i) facilities for the conduct of
sporting events;
(ii) training facilities for competitors;
(iii) hydrotherapy facilities;
(iv) media centres and other
communications facilities for the
media;
(v) residential accommodation for
competitors, officials and
members of the media;
(vi) storage facilities for sporting,
communication or other
equipment;
(vii) catering facilities for sports
venues, training facilities, media
centres and residential
accommodation;
(viii) helicopter landing facilities;
(ix) support services facilities;
(b) Games related facilities;
7
S. 3(1) def. of
distress
signal
inserted by
No. 37/2005
s. 4(1).
S. 3(1) def. of
facilities
substituted by
No. 16/2003
s. 5(1).
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 1—Preliminary
s. 3
(c) transport facilities and other
infrastructure facilities associated
with—
(i) any facilities set out in
paragraph (a); or
(ii) Games related facilities;
S. 3(1) def. of
Games
management
area
inserted by
No. 37/2005
s. 4(1).
Games management area means—
S. 3(1) def. of
Games period
inserted by
No. 37/2005
s. 4(1).
Games period means—
S. 3(1) def. of
Games
related
facilities
inserted by
No. 16/2003
s. 5(2).
Games related facilities means any works,
development, infrastructure or services
declared under section 3A to be Games
related facilities;
S. 3(1) def. of
Games
related indicia
or images
inserted by
No. 64/2003
s. 11.
Games related indicia or images means—
(a) a Commonwealth Games venue;
(b) a designated access area;
(a) March 2006; or
(b) if any order under section 3C is in
force, the period specified in that order;
(a) a Commonwealth Games logo;
(b) an insignia that is prescribed to be a
Commonwealth Games insignia or any
part of such an insignia;
(c) a mascot that is prescribed to be a
Commonwealth Games mascot or any
part of such a mascot;
(d) a pictogram that is prescribed to be a
Commonwealth Games pictogram or
any part of such a pictogram;
8
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 1—Preliminary
s. 3
(e) any other indicia or image that refers to
or represents the Commonwealth
Games and that is prescribed to be a
Commonwealth Games indicia or
image or any part of such an indicia or
image;
(f) a Commonwealth Games reference;
Games Village land means the land
shown hatched on the plan numbered
LEGL./03–014 and lodged in the Central
Plan Office of the Department of
Sustainability and Environment but does
not include any land excluded under
subsection (2);
S. 3(1) def. of
Games Village
land
inserted by
No. 16/2003
s. 5(2).
Games Village project means the project for—
S. 3(1) def. of
Games Village
project
inserted by
No. 16/2003
s. 5(2).
(a) the development of the Commonwealth
Games Village and the use of the
Games Village land before and during
the Commonwealth Games; and
(b) the development, re-development and
use of the Games Village land after the
Commonwealth Games;
goods seizure period means the period
commencing on 1 January 2006 and ending
on 31 March 2006;
S. 3(1) def. of
goods seizure
period
inserted by
No. 64/2003
s. 11.
laser pointer means a hand-held battery-operated
article designed or adapted to emit laser
beams;
S. 3(1) def. of
laser pointer
inserted by
No. 37/2005
s. 4(1).
9
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 1—Preliminary
s. 3
S. 3(1) def. of
Office of
Commonwealth Games
Coordination
inserted by
No. 64/2003
s. 11.
Office of Commonwealth Games Coordination
means staff of the Department for Victorian
Communities engaged in the administration
of this Act;
S. 3(1) def. of
person
inserted by
No. 64/2003
s. 11.
person, in Part 5A, includes a body or association
(corporate or unincorporated) and a
partnership;
S. 3(1) def. of
prohibited
item
inserted by
No. 37/2005
s. 4(1).
prohibited item means—
(a) an animal (other than, if the person is
blind, deaf or otherwise suffering a
disability, a guide dog used by that
person or to assist that person);
(b) a laser pointer;
(c) fireworks or a distress signal;
(d) a dangerous article within the meaning
of the Control of Weapons Act 1990;
(e) a whistle or loud hailer;
(f) a public address system, electronic
equipment, broadcast equipment or
similar device which may interfere with
broadcast equipment or similar devices
being used by the Secretary, the
Corporation or a person authorised
under this Act to use such equipment or
devices;
(g) a prohibited weapon or controlled
weapon within the meaning of the
Control of Weapons Act 1990, the
possession of which would constitute
an offence under that Act;
10
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 1—Preliminary
s. 3
(h) a firearm within the meaning of the
Firearms Act 1996, the possession of
which would constitute an offence
under that Act;
(i) a flag or banner which—
(i) is larger than 1 metre by 1 metre;
or
(ii) has a handle longer than
18 metres;
(j) a bicycle, scooter, skateboard, roller
skates or roller blades;
(k) any items which are in such a quantity
that a reasonable person could infer that
those items are to be used for
commercial purposes;
(l) any item which the Minister declares
under section 3D to be a prohibited
item;
project Order means an Order made under
section 15;
Queen's Baton Relay means the community relay
event by which a message from Her Majesty
the Queen to open the Commonwealth
Games is conveyed, including all associated
activities and celebrations relating to the
journey of that message;
S. 3(1) def. of
Queen's
Baton Relay
inserted by
No. 13/2004
s. 4.
restricted access area means an area that has been
marked off or caused to be marked off under
section 49;
S. 3(1) def. of
restricted
access area
inserted by
No. 37/2005
s. 4(1).
11
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 1—Preliminary
s. 3
S. 3(1) def. of
Secretary
substituted by
Nos 16/2003
s. 12, 37/2005
s. 4(2).
Secretary means—
(a) in Division 1 of Part 6, the person who
for the time being is the Department
Head under the Public Administration
Act 2004 of the Department for
Victorian Communities;
(b) except in Division 1 of Part 6, the
body corporate constituted under
section 25A;
S. 3(1) def. of
seized goods
or advertising
material
inserted by
No. 64/2003
s. 11.
seized goods or advertising material means goods
or advertising material seized under
section 56V;
S. 3(1) def. of
sponsorshiplike
arrangement
inserted by
No. 64/2003
s. 11.
sponsorship-like arrangement means—
(a) a right to associate a person or a
person's goods or services with—
(i) the Corporation; or
(ii) the Australian Commonwealth
Games Team; or
(iii) ACGA; or
(iv) CGF; or
(v) the Commonwealth Games or any
event or program associated with
the Commonwealth Games; or
(b) an affiliation or association (whether
commercial or non-commercial) with—
(i) the Corporation; or
(ii) the Australian Commonwealth
Games Team; or
12
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 1—Preliminary
s. 3
(iii) ACGA; or
(iv) CGF; or
(v) the Commonwealth Games or any
event or program associated with
the Commonwealth Games;
State director means a director of the Board
appointed pursuant to section 4J(2)(c);
S. 3(1) def. of
State director
inserted by
No. 64/2003
s. 5.
test event means an event—
S. 3(1) def. of
test event
inserted by
No. 13/2004
s. 4.
(a) conducted before the Commonwealth
Games are held for the purpose of
testing the capacity and operational
functions of a venue or facilities to
provide for a Commonwealth Games
event; and
(b) in respect of which a declaration under
section 3B is in force.
ticketed venue means a Commonwealth Games
venue to which entry is only permitted by a
ticket issued by or on behalf of the
Corporation;
S. 3(1) def. of
ticketed
venue
inserted by
No. 37/2005
s. 4(1).
vehicle has the same meaning as it has in the
Road Safety Act 1986;
S. 3(1) def. of
vehicle
inserted by
No. 37/2005
s. 4(1).
venue Order means an Order made under
section 14;
works has the same meaning as it has in the
Planning and Environment Act 1987.
(2) The Governor in Council, by Order published in
the Government Gazette, may declare land to be
excluded from the Games Village land.
13
S. 3(2)
substituted by
No. 16/2003
s. 5(3).
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 1—Preliminary
s. 3A
S. 3(3)
inserted by
No. 37/2005
s. 4(3).
(3) If under the Public Administration Act 2004 the
name of the Department for Victorian
Communities is changed, the reference in
subsection (1) in the definition of Secretary to that
Department must, from the date when the name is
changed, be treated as a reference to the
Department by its new name.
S. 3A
inserted by
No. 16/2003
s. 6.
3A Declaration of Games related facilities
S. 3B
inserted by
No. 13/2004
s. 5,
amended by
No. 37/2005
s. 5 (ILA
s. 39B(1)).
3B Declaration of test events
S. 3B(2)
inserted by
No. 37/2005
s. 5.
The Minister, by Order published in the
Government Gazette, may declare any works,
development, infrastructure or services of any
kind to be provided before, during or after the
Commonwealth Games to be Games related
facilities.
(1) The Minister, by Order published in the
Government Gazette, may declare an event
conducted before the Commonwealth Games are
held to be a test event for the purposes of this Act.
(2) An Order made under subsection (1) may specify
that—
(a) all the provisions of the Act or only
particular provisions of the Act as specified
in the Order apply to the test event; or
(b) all the provisions of the regulations or only
particular provisions of the regulations as
specified in the Order apply to the test event;
or
(c) a combination of the provisions referred to in
paragraphs (a) and (b) as specified in the
Order apply to the test event.
14
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 1—Preliminary
s. 3C
3C Declaration of Games periods
(1) The Minister, by order published in the
Government Gazette, may declare that a period
specified in the order is a Games period for the
purposes of this Act.
S. 3C
inserted by
No. 37/2005
s. 6.
(2) An order under subsection (1)—
(a) must specify a Games period not exceeding
90 days which includes March 2006 or part
of March 2006;
(b) may specify different Games periods for
different Games management areas;
(c) may be of general or limited application;
(d) may differ according to differences in time,
place or circumstance.
3D Declaration of prohibited items
(1) Subject to subsection (2), the Minister may
declare any item to be a prohibited item for the
purposes of this Act.
(2) The Minister must consult with the Minister
administering the Control of Weapons Act 1990
and the Minister administering the Fair Trading
Act 1999 before making a declaration under this
section.
(3) A declaration under subsection (1) must be
published in the Government Gazette.
4 Act binds the Crown
This Act binds the Crown, not only in right of
Victoria, but also, so far as the legislative power
of the Parliament permits, the Crown in all its
other capacities.
15
S. 3D
inserted by
No. 37/2005
s. 6.
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 1—Preliminary
s. 4A
S. 4A
inserted by
No. 64/2003
s. 6.
4A Extraterritorial operation
It is the intention of the Parliament that the
operation of this Act should, as far as the
legislative power of the Parliament permits,
include operation in relation to acts, transactions
and matters done, entered into or occurring
outside Victoria, whether in or outside Australia.
__________________
Pt 1A
(Heading and
ss 4B–4V)
inserted by
No. 64/2003
s. 7,
amended by
No. 37/2005
s. 28,
expired by
force of
No. 57/2001
s. 58(1AA)1.
*
*
*
*
*
*
*
__________________
Pt 1B
(Heading and
ss 4W–4ZH)
inserted by
No. 64/2003
s. 8,
expired by
force of
No. 57/2001
s. 58(1AA)2.
*
*
*
__________________
16
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 2—Commonwealth Games Advisory Committees
s. 5
PART 2—COMMONWEALTH GAMES ADVISORY
COMMITTEES
5 Commonwealth Games Advisory Committees
The Governor in Council, on the recommendation
of the Minister, may establish one or more
Commonwealth Games Advisory Committees.
6 Functions of Advisory Committees
(1) The functions of an Advisory Committee are—
(a) to consider any matters that are referred to it
by the Minister relating to—
(i) the development of facilities under this
Act; and
S. 6(1)(a)(i)
amended by
No. 16/2003
s. 7(1).
(ii) the preparations for the Commonwealth
Games; and
(iii) the development of the Games Village
project; and
(b) if required by the Minister, to carry out
public consultation on those matters; and
(c) to report to the Minister on those matters;
and
(d) to carry out any other functions conferred on
an Advisory Committee under this Act.
(2) Without limiting subsection (1), the matters
referred to in subsection (1)(a) that the Minister
may refer to an Advisory Committee include—
(a) matters relating to planning, environment
and heritage issues in relation to the
development;
17
S. 6(1)(a)(iii)
inserted by
No. 16/2003
s. 7(2).
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 2—Commonwealth Games Advisory Committees
s. 7
(b) matters relating to—
(i) the leasing and licensing of land for the
purposes of the development;
(ii) the acquisition of land for the purposes
of the development;
(iii) the disposal of land acquired for the
purposes of the development;
(iv) access to land for the purposes of the
development;
(v) the temporary closure of roads for the
purposes of the development.
(3) Subject to section 11, in carrying out its functions
in relation to a matter referred to it by the
Minister, an Advisory Committee may inquire
into and inform itself in relation to the matter in
any manner it sees fit.
7 Membership of Advisory Committees
(1) An Advisory Committee consists of 3 or more
members appointed by the Governor in Council
on the recommendation of the Minister.
S. 7(2)
amended by
No. 16/2003
s. 7(3).
(2) If an Advisory Committee is to be established to
consider matters referred to in section 6(1)(a)(i)
or (iii), the Minister must ensure that the persons
recommended to be members of the Advisory
Committee include persons with expertise in
planning, environment or heritage matters, as
appropriate.
(3) The Governor in Council must appoint one of the
members of an Advisory Committee to be
chairperson of the committee.
18
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 2—Commonwealth Games Advisory Committees
s. 8
8 Terms of appointment
(1) A member of an Advisory Committee holds office
for the term, not exceeding 3 years, specified in
the instrument of appointment.
(2) A member of an Advisory Committee is eligible
for re-appointment.
(3) A member of an Advisory Committee is appointed
on the terms and conditions specified in the
instrument of appointment.
(4) A member of an Advisory Committee, other than
a member who is an employee of the public
service, is entitled to receive the fees and
allowances from time to time fixed by the
Governor in Council in respect of that member.
(5) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of an
Advisory Committee in respect of the office of
member.
9 Resignation and removal
(1) A member of an Advisory Committee may resign
as a member of the committee by letter signed by
the member and delivered to the Minister.
(2) The Governor in Council may at any time remove
a member of an Advisory Committee from office.
10 Procedure at meetings
(1) The chairperson of an Advisory Committee must
preside at a meeting of the committee at which he
or she is present.
(2) If the chairperson is absent from a meeting of an
Advisory Committee, a person elected by the
members present must preside at the meeting.
19
S. 8(5)
substituted by
Nos 108/2004
s. 117(1)
(Sch. 3
item 36.1),
80/2006
s. 26(Sch.
item 18.1).
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 2—Commonwealth Games Advisory Committees
s. 11
(3) A quorum of an Advisory Committee consists of a
majority of the members of the Advisory
Committee for the time being.
(4) At a meeting of an Advisory Committee, a
decision of the committee is a decision of the
majority of the members present and voting at the
meeting and, if voting is equal, the person
presiding at the meeting has a second or casting
vote.
(5) Subject to this Act, an Advisory Committee may
regulate its own proceedings.
11 Public consultation
(1) If required by the Minister, an Advisory
Committee must undertake public consultation in
accordance with this section in relation to a matter
referred to it by the Minister under section 6.
(2) In carrying out public consultation for the
purposes of subsection (1), the Advisory
Committee must publish a public notice in a
newspaper circulating generally in Victoria calling
for representations on the matters referred to it.
(3) A public notice must specify a time period, being
not less than 21 days after the publication of the
notice, within which representations may be made
to the Advisory Committee in relation to a matter.
(4) An Advisory Committee must consider all
representations received by it within the period
specified in the notice.
(5) An Advisory Committee may consider, but is not
required to consider, any late representations
made to it.
20
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 2—Commonwealth Games Advisory Committees
s. 12
12 Disclosure of interests
(1) A member of an Advisory Committee who has a
direct or indirect pecuniary interest in a matter
being considered or proposed to be considered by
the Advisory Committee must, as soon as
practicable after the relevant facts have come to
his or her knowledge, disclose the nature of his or
her interest at a meeting of the Advisory
Committee.
(2) A disclosure made under subsection (1) must be
recorded in the minutes of the meeting at which it
is made.
(3) A person who makes a disclosure under
subsection (1) must not—
(a) take any further part in any consideration or
discussion of the matter; or
(b) take part in any vote on the matter; or
(c) be counted for the purposes of a quorum.
13 Advisory Committee may continue work of existing
committee
(1) If a matter of the kind referred to in section
6(1)(a) was being considered by a committee
established by the Minister before the
commencement of that section, the Minister may
refer that matter to an Advisory Committee.
(2) If the Minister refers a matter to an Advisory
Committee in accordance with subsection (1)—
(a) the Advisory Committee may continue and
complete the work of the other committee;
and
21
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 2—Commonwealth Games Advisory Committees
s. 13
(b) the Advisory Committee may have regard to
anything done or any information or
evidence received or any decision made by
the other committee in considering the
matter; and
(c) the other committee must cease to consider
the matter.
__________________
22
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 3—Commonwealth Games Venues and Facilities and Games
Management Areas
PART 3—COMMONWEALTH GAMES VENUES AND
FACILITIES AND GAMES MANAGEMENT AREAS
s. 14
Pt 3 (Heading)
amended by
No. 37/2005
s. 7(1).
Division 1—Orders
14 Declaration of Commonwealth Games venue
(1) The Minister, by Order published in the
Government Gazette, may declare an area of land
to be a Commonwealth Games venue.
Note
The definition of land in section 38 of the Interpretation of
Legislation Act 1984 includes land covered by water.
Note to
s. 14(1)
inserted by
No. 37/2005
s. 7(2).
(2) A venue Order may designate a Commonwealth
Games venue as a permanent venue or a
temporary venue.
(3) Without limiting the use of any other means to
describe land, a venue Order may describe land by
reference to a plan of survey attached to the Order
or lodged in the Central Plan Office established
under the Survey Co-ordination Act 1958.
(4) Before the Minister makes a venue Order in
respect of land to which the National Parks Act
1975 applies, the Minister must consult with the
Minister administering that Act.
S. 14(4)
inserted by
No. 37/2005
s. 7(3).
15 Declaration of Commonwealth Games project
(1) The Minister, by Order published in the
Government Gazette, may—
(a) declare to be a Commonwealth Games
project—
(i) a project to develop facilities at a
Commonwealth Games venue or a
designated access area; or
23
S. 15(1)(a)(i)
amended by
No. 37/2005
s. 7(4).
s. 15
S. 15(1)(a)(ii)
amended by
No. 16/2003
s. 8(1).
S. 15(1)(a)(iii)
inserted by
No. 16/2003
s. 8(2).
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 3—Commonwealth Games Venues and Facilities and Games
Management Areas
(ii) a project to develop facilities for the
purposes of the Commonwealth Games;
or
(iii) the Games Village project; and
(b) authorise the development of that project.
(2) Before making a project Order, the Minister—
(a) may refer the matter to an Advisory
Committee for consideration and report; and
(b) must give full consideration to the
recommendations of the Advisory
Committee, if a matter is referred to it.
S. 15(3)
amended by
No. 16/2003
s. 8(3).
(3) If the Minister refers a matter to an Advisory
Committee under subsection (2), the Minister
must not make a project Order unless the Minister
is satisfied that the Advisory Committee has
carried out any required public consultation
in relation to the matter in accordance with
section 11.
S. 15(4)
amended by
No. 16/2003
s. 8(4).
(4) In its report, an Advisory Committee may make
any recommendations it thinks fit concerning the
matter referred to it.
S. 15(4A)
inserted by
No. 16/2003
s. 8(5).
(4A) An Advisory Committee may recommend the
making of more than one project Order in relation
to any matter referred to it under this section.
(5) An Advisory Committee must report to the
Minister within the time specified by the Minister.
24
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 3—Commonwealth Games Venues and Facilities and Games
Management Areas
s. 16
(6) If the Minister refers a matter to an Advisory
Committee under subsection (2), the Minister may
make a project Order without the report of the
Advisory Committee if the Minister does not
receive a report from the Advisory Committee
within the specified time.
(7) The Minister is not bound by a report of an
Advisory Committee in making a project Order.
16 Declaration of designated access areas
(1) Subject to subsection (2), the Minister, by Order
published in the Government Gazette, may declare
an area adjacent to a Commonwealth Games
venue to be a designated access area for the
purposes of this Act.
(2) If a proposed designated access area or any part of
a proposed designated access area is land which is
reserved or deemed to be reserved under the
Crown Land (Reserves) Act 1978, the Minister
must consult with the Minister administering the
Crown Land (Reserves) Act 1978 before making
a designated access area Order in respect of that
land.
(3) If a proposed designated access area or any part of
a proposed designated access area is land to which
the National Parks Act 1975 applies, the
Minister must consult with the Minister
administering that Act before making a designated
access area Order in respect of that land.
Note
The definition of land in section 38 of the Interpretation of
Legislation Act 1984 includes land covered by water.
17 Project Orders must designate person responsible
A project Order must state the name or position of
the person or body responsible for the
Commonwealth Games project to which that
Order applies.
25
S. 16(3)
inserted by
No. 37/2005
s. 7(5).
s. 18
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 3—Commonwealth Games Venues and Facilities and Games
Management Areas
18 Orders to be tabled in Parliament
The Minister must cause an Order made under this
Division to be laid before each House of
Parliament within 7 sitting days of that House
after the Order is published in the Government
Gazette.
19 Amendment and revocation of Orders
(1) The Minister, by Order published in the
Government Gazette, may amend or revoke an
Order made under this Division.
(2) This Division applies to the amendment or
revocation of an Order made under this Division
in the same way as it does to the making of an
Order.
Division 2—Application of laws
S. 20
amended by
No. 16/2003
s. 9 (ILA
s. 39B(1)).
S. 20(2)
inserted by
No. 16/2003
s. 9.
20 Planning and Environment Act 1987
(1) Nothing in the Planning and Environment Act
1987 or in any planning scheme applies to the
development or use of a Commonwealth Games
venue or designated access area for the purposes
of a Commonwealth Games project.
(2) This section does not apply to the Games Village
land.
21 Heritage Act 1995
Despite anything to the contrary in the Heritage
Act 1995, a permit or consent is not required
under that Act for the development or use of a
Commonwealth Games venue or designated
access area for the purposes of a Commonwealth
Games project.
26
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 3—Commonwealth Games Venues and Facilities and Games
Management Areas
22 Environment Effects Act 1978
The Environment Effects Act 1978 does not
apply to any works carried out in a
Commonwealth Games venue or designated
access area for the purposes of a Commonwealth
Games project.
23 Coastal Management Act 1995
Despite anything to the contrary in the Coastal
Management Act 1995, a consent is not required
under that Act for the development or use of a
Commonwealth Games venue or designated
access area for the purposes of a Commonwealth
Games project.
24 Crown Land (Reserves) Act 1978
Despite anything to the contrary in the Land Act
1958, any Crown grant, the Crown Land
(Reserves) Act 1978, any reservation under that
Act or any regulations made under that Act, land
in a designated access area may be entered and
used for any of the following purposes—
(a) access to a Commonwealth Games venue;
(b) the carrying out of works at a
Commonwealth Games venue for the
purposes of a Commonwealth Games
project;
(c) the storage of goods, vehicles and equipment
for the purposes of those works;
(d) the maintenance and repair of those works.
27
s. 22
s. 25
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 3—Commonwealth Games Venues and Facilities and Games
Management Areas
25 Building Act 1993
(1) Despite anything to the contrary in the Building
Act 1993, the Minister administering that Act, by
Order published in the Government Gazette, may
declare that the administration and enforcement,
in relation to all or part of a Commonwealth
Games project, of any of the provisions of that
Act and the regulations made under that Act is to
be carried out—
(a) by the Secretary or any other person or body
specified in the Order; and
(b) in accordance with the terms and conditions
of the Order.
(2) The Building Act 1993 and the regulations under
that Act apply for the purposes of this section as if
any reference to a council or a relevant building
surveyor or a municipal building surveyor were a
reference to the Secretary or the relevant person or
body specified in an Order under this section.
Division 3—Role of Secretary
S. 25A
inserted by
No. 16/2003
s. 13.
S. 25A(1)
amended by
No. 108/2004
s. 117(1)
(Sch. 3
item 36.2).
25A The Secretary is a body corporate
(1) The person who is for the time being the
Department Head (within the meaning of the
Public Administration Act 2004) of the
Department for Victorian Communities and the
successors in office of that person are a body
corporate under the name "Secretary to the
Department for Victorian Communities" which,
by that name—
(a) has perpetual succession;
(b) has an official seal;
28
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 3—Commonwealth Games Venues and Facilities and Games
Management Areas
s. 26
(c) may sue and be sued;
(d) may acquire, hold and dispose of real and
personal property;
(e) may do and suffer all things that a body
corporate may, by law, do and suffer.
(2) The official seal of the Secretary must be kept as
directed by the Secretary and must not be used
except as authorised by the Secretary.
(3) All courts must take judicial notice of the official
seal of the Secretary on a document and, until the
contrary is proved, must presume that the seal was
properly affixed.
26 Role of Secretary
(1) A project Order may specify that the Secretary is
to be responsible for managing or developing the
Commonwealth Games project to which the
project Order applies.
(2) If a project Order specifies that the Secretary is to
be responsible for managing or developing a
Commonwealth Games project, the Secretary—
(a) has the function of managing or developing
the Commonwealth Games project; and
(b) has all the powers necessary to perform that
function.
(3) The Secretary may perform its functions under
this Act within or outside Victoria.
S. 26(3)
inserted by
No. 16/2003
s. 14.
(4) The Secretary may exercise its powers under this
Act within or outside Victoria.
S. 26(4)
inserted by
No. 16/2003
s. 14.
29
s. 27
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 3—Commonwealth Games Venues and Facilities and Games
Management Areas
(5) Without limiting subsection (2), in the
performance of its functions under this Act, the
Secretary, with the approval of the Treasurer,
may—
(a) form, participate in the formation of or be a
member of a body corporate, association,
partnership, trust or other body; and
(b) enter into a joint venture with any other
person.
S. 27
amended by
No. 16/2003
s. 15 (ILA
s. 39B(1)).
S. 27(2)
inserted by
No. 16/2003
s. 15.
27 Contracts and agreements
(1) The Secretary may enter into contracts and
agreements and other arrangements with any
person for the purposes of the management or
development of a Commonwealth Games project.
(2) The Secretary may enter into any contracts,
agreements or arrangements for the provision by
the Secretary of—
(a) administration in relation to a
Commonwealth Games project; or
(b) management of information systems or
services in relation to a Commonwealth
Games project.
S. 27(3)
inserted by
No. 16/2003
s. 15.
(3) The Secretary may do all things necessary or
convenient to be done to give effect to the
contracts, agreements and arrangements referred
to in subsections (1) and (2).
30
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 3—Commonwealth Games Venues and Facilities and Games
Management Areas
s. 28
28 Delegation by Secretary
(1) The Secretary may in writing delegate any of the
powers conferred on the Secretary under this Act
or the regulations, other than this power of
delegation, to any of the following—
(a) a person or a class of persons employed
under Part 3 of the Public Administration
Act 2004; or
*
*
*
*
*
S. 28
amended by
No. 16/2003
s. 16(3) (ILA
s. 39B(1)).
S. 28(1)(a)
substituted by
No. 16/2003
s. 16(1),
amended by
No. 108/2004
s. 117(1)
(Sch. 3
item 36.2).
S. 28(1)(b)
repealed by
No. 16/2003
s. 16(2).
(c) a body corporate established under an Act
for a public purpose.
(2) The Secretary, with the consent of the Minister,
may in writing delegate any of the powers
conferred on the Secretary under sections 27
and 44 to any other person or body or the holder
of any office.
S. 28(2)
inserted by
No. 16/2003
s. 16(3).
(3) The Minister's consent under subsection (2) may
be in respect of a class or classes of persons or
bodies or offices.
S. 28(3)
inserted by
No. 16/2003
s. 16(3).
28AA Delegation of prescribed powers and functions
The Secretary, in writing, must delegate to the
Corporation any prescribed powers or functions or
any prescribed class of powers or functions under
this Act or the regulations.
28A Secretary is subject to Ministerial control
In the exercise of its powers and functions the
Secretary is subject to the direction and control of
the Minister.
31
S. 28AA
inserted by
No. 37/2005
s. 8.
S. 28A
inserted by
No. 16/2003
s. 17.
s. 28B
S. 28B
inserted by
No. 16/2003
s. 17,
amended by
No. 108/2004
s. 117(1)
(Sch. 3
item 36.2).
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 3—Commonwealth Games Venues and Facilities and Games
Management Areas
28B Department Head's powers are not affected
The powers and functions of the person who for
the time being constitutes the Secretary are in
addition to, and do not affect, that person's powers
and functions as a Department Head under the
Public Administration Act 2004.
__________________
Pt 3A
(Heading and
ss 28C–28H)
inserted by
No. 37/2005
s. 9, expired
by force of
No. 57/2001
s. 58(1A).
*
*
*
__________________
32
*
*
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
s. 29
PART 4—GENERAL POWERS AND DUTIES IN RELATION
TO COMMONWEALTH GAMES PROJECTS AND GAMES
MANAGEMENT AREAS
Pt 4 (Heading)
amended by
No. 37/2005
s. 16.
Division 1—Obtaining Land for the purposes of a project
29 Grant of land to Secretary
(1) The Governor in Council, on behalf of the Crown,
may grant to the Secretary for the purposes of a
Commonwealth Games project for an estate in fee
simple—
(a) land divested or surrendered under
section 30 or 31; or
(b) any other unalienated land of the Crown that
is not reserved or deemed to be reserved
under the Crown Land (Reserves) Act
1978.
(2) A grant of land—
(a) under subsection (1)(a) must be made on the
recommendation of the Minister;
(b) under subsection (1)(b) must be made on the
joint recommendation of the Minister
administering Part IX of the Land Act 1958
and the Minister administering the Crown
Land (Reserves) Act 1978.
(3) The Governor in Council, as a condition of
granting land to the Secretary, may require the
Secretary to agree to pay into the Consolidated
Fund or, if the land was surrendered by or
divested from a public body, to that body, an
amount or amounts at the times or over the period
determined by the Governor in Council.
33
s. 29
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
(4) A condition under subsection (3) may only be
imposed on the joint recommendation of—
(a) the Minister and the Minister responsible for
the public body, in the case of land
surrendered by or divested from a public
body; or
(b) the Minister and the Minister administering
Part IX of the Land Act 1958 and the
Minister administering the Crown Land
(Reserves) Act 1978, in any other case.
(5) The grant—
(a) if it is of land covered with waters of the sea,
must be to a depth not greater than 60 metres
below high water mark; and
(b) if it is for other land, must be to a depth not
greater than 60 metres below the surface of
the land; and
(c) may contain any other terms, covenants,
conditions or limitations that the Governor in
Council determines.
(6) Land may be granted to the Secretary with or
without consideration being given by the
Secretary.
(7) Sections 339A and 339B of the Land Act 1958
apply to a grant of land under this section as if it
were a grant of land in fee simple under that Act.
34
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
30 Surrender or divesting of land of other bodies
(1) The Governor in Council, by Order published in
the Government Gazette, may—
(a) require a public body in which land is vested
to surrender it to the Crown; or
(b) divest land from a public body—
for the purposes of a Commonwealth Games
project.
(2) Subsection (1) does not apply to land which is
reserved or deemed to be reserved under the
Crown Land (Reserves) Act 1978.
(3) A public body must comply with a requirement
under subsection (1)(a).
(4) On—
(a) the conveyance to the Crown or the
registration of an instrument of transfer and
surrender to the Crown of land that a public
body is required to surrender under
subsection (1)(a); or
(b) the publication in the Government Gazette of
an Order under subsection (1)(b)—
the land concerned is deemed to be unalienated
land of the Crown and is freed and discharged
from all limitations.
(5) A power may only be exercised under
subsection (1) on the joint recommendation of the
Minister and the Minister administering the Act
under which the public body is established.
35
s. 30
s. 31
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
31 Surrender of interests in unreserved Crown land
(1) The Minister may recommend to the Governor in
Council that—
(a) the interests (if any) in any Crown land; and
(b) the prescribed contractual rights (if any)
relating to any Crown land—
which is part of a Commonwealth Games venue
be surrendered to the Crown or extinguished.
(2) The Minister may make a recommendation under
subsection (1) on—
(a) receiving a plan of the land signed by the
Surveyor-General; and
(b) being satisfied that the land shown on the
plan represents land—
(i) the interests (if any) in which are to be
surrendered to the Crown; and
(ii) in relation to which prescribed
contractual rights (if any) are to be
extinguished.
(3) This section does not apply to land which is
reserved or deemed to be reserved under the
Crown Land (Reserves) Act 1978.
(4) On receiving the Minister's recommendation, the
Governor in Council, by Order published in the
Government Gazette, may declare that—
(a) the interests (if any) in the land shown on the
plan are surrendered to the Crown; and
(b) the prescribed contractual rights (if any) in
relation to the land shown on the plan are
extinguished.
36
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
(5) On publication of an Order under subsection (4) in
the Government Gazette—
(a) the land is deemed to be unalienated land of
the Crown, freed and discharged from all
limitations; and
(b) all prescribed contractual rights (if any)
relating to the land are extinguished; and
(c) if any part of the land is or is being used as a
road, that part of the land ceases to be a road
and all rights, easements and privileges
existing or claimed in it either in the public
or by any body or person as incident to any
express or implied grant, or past dedication
or supposed dedication or by user or
operation of law or otherwise, cease; and
(d) if any part of the land is the bed, soil and
banks of a river, all rights easements and
privileges existing or claimed in that part of
the land either in the public or by any body
or person as incident to any express or
implied grant, or past dedication or supposed
dedication or by user or operation of law or
otherwise, cease.
(6) Subsection (5) has effect despite anything to the
contrary in section 175A of the Water Industry
Act 1994 or any other Act.
(7) In this section prescribed contractual right means
a right (other than an interest in land) created
under an agreement in writing entered into
between a public body and another person (not
being the Crown).
37
s. 31
s. 32
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
32 Acquisition by agreement
(1) For the purposes of a Commonwealth Games
project, the Secretary, on behalf of the Crown,
may acquire by agreement an interest in land on
any terms (including consideration) that the
Secretary considers appropriate.
(2) Any interest in land acquired by the Secretary
under this section vests in the Crown and is
deemed to be unalienated land of the Crown.
33 Compulsory acquisition
(1) For the purposes of a Commonwealth Games
project, the Secretary, on behalf of the Crown,
may acquire an interest in land by compulsory
process.
(2) The Land Acquisition and Compensation Act
1986 applies to subsection (1) and for that
purpose—
(a) subsection (1) is the special Act; and
(b) the Secretary is the Authority.
(3) Any interest in land acquired by the Secretary
under this section—
(a) vests in the Crown under section 24 of the
Land Acquisition and Compensation Act
1986 despite anything to the contrary in that
section; and
(b) is deemed to be unalienated land of the
Crown.
38
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
Division 2—Compensation for surrendered or divested land
34 Right to compensation on surrender or divesting
(1) Subject to this Act and the Land Acquisition and
Compensation Act 1986, every person (other
than a public body) who immediately before the
publication of an Order under section 30 or 31 had
a legal or equitable estate or interest in land to
which the Order applies has a claim for
compensation.
(2) Subject to this Act and the Land Acquisition and
Compensation Act 1986, every person (other
than a public body) who immediately before the
publication of an Order under section 31 had a
prescribed contractual right (within the meaning
of that section) in relation to land to which the
Order applies, has a claim for compensation.
(3) The Land Acquisition and Compensation Act
1986 (except sections 31 to 36) applies to the
determination of compensation payable under this
section as if the publication of the Order were a
notice of acquisition of that estate or interest or
right and the Minister had acquired that estate or
interest or right on behalf of the Crown.
Division 3—Entry into possession of surrendered or divested
land
35 Interpretation
In this Division—
surrender date in relation to land means the date
of publication of an Order under section 30
or 31 in relation to that land;
39
s. 34
s. 36
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
surrendered land means land which on the
publication of an Order under section 30
or 31 is deemed to be unalienated land of the
Crown.
36 Power to enter into possession
Subject to this Division, the Minister may enter
into possession of surrendered land.
37 Entry into possession
(1) The Minister must diligently endeavour to obtain
agreement with the occupier of surrendered land
as to the terms on which the Minister will enter
into possession of the land.
(2) Subject to this Division, if surrendered land or
part of surrendered land is used, at the surrender
date, by a person as the principal place of
residence or business of that person, the Minister
must not enter into possession of—
(a) the part of the land so used; or
(b) if the whole of the land is so used, that
land—
before the end of 3 months after the surrender date
and unless the Minister has given 7 days' notice in
writing of his or her intention to enter into
possession to the person in occupation of the land.
(3) A person referred to in subsection (2) is not liable
for the payment of rent in respect of the
occupation by that person of that part of the
surrendered land which is used as the principal
place of residence or business of that person
during the period specified in that subsection.
40
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
(4) Subsection (2) does not apply if—
(a) the Governor in Council, on the
recommendation of the Minister, by Order
certifies that having regard to—
(i) the urgency of the case or any other
exceptional circumstances; and
(ii) the public interest—
it is not practicable for the Minister to delay
entry into possession of the surrendered land
until after the end of the period referred to in
subsection (2); or
(b) the Minister and the person in occupation of
the surrendered land have entered into an
agreement in relation to the time of entry
into possession of the surrendered land by
the Minister.
(5) If, at the surrender date, surrendered land is not
used by any person as the principal place of
residence or business of that person, the Minister
may enter into possession of the land at any time
after the surrender date after giving 7 days' notice
in writing of his or her intention to enter into
possession to the person in occupation of the land.
(6) The period of occupation of the surrendered land
after the surrender date (including the period
referred to in subsection (2)) may be extended by
agreement in writing between the Minister and the
person in occupation of the surrendered land.
(7) An agreement under subsection (6) must provide
for the payment of rent by the person in
occupation of the relevant land to the Crown.
41
s. 37
s. 37
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
(8) If a person continues to occupy surrendered land
after the period referred to in subsection (2) or the
surrender date (as the case may be) and an
agreement has not been entered into under
subsection (6) in respect of that occupation, that
person is to be taken to be in possession of the
land in pursuance of a tenancy determinable at
will by the Minister and is liable to pay to the
Crown a fair market rent in respect of that
continued occupation.
(9) If a person referred to in subsection (2) ceases of
the person's own accord to occupy the surrendered
land before the end of the period referred to in that
subsection, the entitlement of that person under
this Division to occupy the land without payment
of rent to the Crown also ceases.
(10) An Order under subsection (4)(a) must specify the
date on which the Minister is to take possession.
(11) The Minister must give a copy of the Order under
subsection (4)(a) to the person in occupation of
the land.
(12) The person whose period of occupation of the
surrendered land was abridged under subsection
(4)(a) is entitled to claim compensation under
Division 2 for any loss or damage which is
incurred as a direct, natural and reasonable
consequence of that abridgment and for which the
person could not otherwise make a claim under
that Division.
(13) The compensation payable pursuant to
subsection (12) may be paid to—
(a) the person who is entitled to claim the
compensation; or
(b) the constituted attorney of that person.
42
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
38 Recovery of rent
Any rent payable to the Crown under section 37
may be recovered as a debt due to the Crown in
any court of competent jurisdiction.
39 Proceedings where refusal to give up possession
(1) If the Minister is entitled under this Division to
enter into possession of surrendered land and the
occupier of the land or any other person—
(a) refuses to give up the possession of the land;
or
(b) hinders the Minister from entering on and
taking possession of the land—
the Minister may issue his or her warrant under
this section to the sheriff.
(2) A warrant issued under this section authorises the
sheriff to—
(a) enter onto the land specified in the warrant;
and
(b) deliver possession of the land to the Minister
or the person appointed in the warrant to
receive possession of the land; and
(c) use such force as is reasonably necessary to
execute the warrant.
(3) On receipt of a warrant issued under this section,
the sheriff must deliver possession of the land to
the Minister or the person appointed in the
warrant to receive possession of the land.
(4) The costs incurred in the issuing and execution of
a warrant must be paid by the person refusing to
give up possession.
43
s. 38
s. 40
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
(5) The amount of the costs and the amount of any
rent owed by that person must be deducted and
retained by the Minister from the compensation
(if any) payable under this Part to that person.
(6) If no compensation is payable to that person or if
the compensation payable is less than the amount
of the costs and rent (if any) then payment of the
amount in excess of the compensation must, if not
paid on demand, be enforced by a warrant to seize
property.
(7) On application by the Minister, a magistrate must
issue a warrant for the purposes of subsection (6).
S. 39(8)
repealed by
No. 87/2009
s. 26.
*
*
*
*
*
40 Residential Tenancies Act 1997 not to apply
Nothing in the Residential Tenancies Act 1997
applies to or in relation to any matter provided for
or any proceedings under this Division.
41 Giving of notice
If the whereabouts of a person to whom the
Minister is required to give a notice or document
is not known to the Minister, the notice or
document may be given—
(a) by publication of a copy of it in a newspaper
circulating generally throughout the State;
and
(b) by affixing it in a prominent place on the
land to which it relates.
44
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
42 Minor misdescription not to invalidate notice
The validity of any notice under this Division is
not affected by any misdescription in it of the land
or of any interest in the land if sufficient
information appears on the face of the notice to
identify the land or interest affected.
Division 4—Disposing of land not required for a project
43 Secretary may surrender land to the Crown
The Secretary is an authority for the purposes of
section 22A of the Land Act 1958.
44 Disposing of land
(1) For the purposes of a Commonwealth Games
project, the Secretary may—
(a) grant a lease, licence, easement or privilege
over land vested in the Secretary or
registered in the Secretary's name which was
acquired under this Act; or
(b) sell or dispose of the Secretary's interest in
fee simple in any land which was acquired
under this Act—
on any terms (including consideration) that the
Secretary considers appropriate.
(2) On disposing of the whole of an interest in any
land which was acquired under this Act to another
person, the Secretary may enter into an agreement
with the person concerning the use or
development of the land.
(3) For the purposes of a Commonwealth Games
project, the Minister, may—
(a) grant a lease, licence, easement or privilege
over Crown land; or
45
s. 42
s. 44
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
(b) recommend to the Governor in Council the
grant, sale or disposition of Crown land—
on any terms (including consideration) that the
Minister considers appropriate.
(4) The Minister must consult with the Minister
administering Part IX of the Land Act 1958 and
the Minister administering the Crown Land
(Reserves) Act 1978 before exercising any power
under subsection (3).
(5) Subsection (3) does not apply to land which is
reserved or deemed to be reserved under the
Crown Land (Reserves) Act 1978.
(6) The Governor in Council may grant, sell or
dispose of Crown land to any person in
accordance with the recommendation of the
Minister under this section.
(7) Land may be sold or disposed of to a person under
subsection (6) on condition that the person enter
into an agreement with the Minister concerning
the use or development of the land.
(8) Division 2 of Part 9 of the Planning and
Environment Act 1987 applies to an agreement
under subsection (2) or (7) as if—
(a) it was an agreement under that Division; and
(b) it referred to the Minister or the Secretary (as
the case requires) instead of the responsible
authority for the planning scheme; and
(c) section 174(2)(c) were omitted; and
(d) sections 177(2), 178 and 179(1) referred to
the Minister or the Secretary (as the case
requires) instead of the Minister.
(9) This section applies despite anything to the
contrary in the Land Act 1958.
46
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
s. 44A
Division 5—Powers relating to roads
44A General powers relating to roads
(1) For the purpose of a Commonwealth Games
project, the Minister may—
S. 44A
inserted by
No. 16/2003
s. 10.
(a) construct, realign, relocate, open or close any
road; and
(b) carry out or operate works or facilities
associated with the powers under
paragraph (a).
(2) The Minister must not exercise a power under
subsection (1)(a), unless the Minister has
consulted with the Minister administering the
Road Management Act 2004.
(3) Before making a decision to close, realign or
relocate a road, the Minister must ensure that
provision is made with respect to pipes, wires,
apparatus, sewers, drains, tunnels, conduits, poles,
posts and fixtures lawfully on, over, under or
across the road or part of the road.
(4) If the Minister makes a decision to close, realign
or relocate a road, the Minister must make
provision for the payment of compensation to—
(a) any person in whom the land comprised in
the road or part of the road is vested; and
(b) any owner of property which in the opinion
of the Minister is likely to be substantially
affected by that closure, realignment or
relocation.
47
S. 44A(2)
amended by
No. 12/2004
s. 153.
s. 44A
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
(5) The Minister may certify that, having regard to the
extent to which any person referred to in
subsection (4)(a) or (b) is or is likely to be
affected by the closure, realignment or relocation
of a road, the compensation payable to that person
under subsection (4) should not exceed the
amount stated in the certificate (not being more
than $400).
(6) If the Minister so certifies under subsection (5),
the amount stated in the certificate in respect of
that person is to be the full amount payable to that
person under subsection (4) by the Minister, by
way of compensation.
(7) If the Minister is satisfied that a person who might
be entitled to compensation under subsection (4)
cannot be found, the Minister may direct that no
provision, or such provision as the Minister
specifies, is to be made for payment of
compensation to that person.
(8) If subsection (6) or (7) does not apply, the
compensation payable to a person under
subsection (4) is to be—
(a) the amount agreed between the Minister and
the person; or
(b) if agreement is not reached, the amount
determined as if the amount of compensation
payable were a disputed claim under Part 10
of the Land Acquisition and
Compensation Act 1986.
(9) The Governor in Council, by order published in
the Government Gazette, may provide for any
vesting or divesting of lands necessary because of
the exercise by the Minister of the powers under
subsection (1).
48
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
44B Closing roads
(1) A decision under section 44A to close, realign or
relocate a road has no effect until the Minister
causes notice of it to be published—
s. 44B
S. 44B
inserted by
No. 16/2003
s. 10.
(a) in the Government Gazette; and
(b) in a newspaper circulating generally
throughout the area affected by the closure,
realignment or relocation.
(2) On the publication under subsection (1) of a
decision closing, realigning or relocating a road—
(a) the land over which the closed, realigned or
relocated road ran ceases to be a road; and
(b) all rights, easements and privileges existing
or claimed in the land either in the public or
by any body or person as incident to any
express or implied grant or past dedication or
supposed dedication or by user or operation
of law or otherwise, cease; and
(c) the land is deemed to be unalienated land of
the Crown.
45 Temporary closure of roads
(1) Subject to subsection (2), for the purpose of a
Commonwealth Games project, the Minister may
temporarily close a road to traffic if the Minister
considers it necessary to do so so that works on
the road or neighbouring land can be carried out.
(1A) Subject to subsection (2), the Minister may
temporarily close a road or part of a road to traffic
generally or to a particular class of traffic if the
Minister considers it necessary to do so for the
purposes of conducting a Commonwealth Games
event or any purpose associated with or ancillary
to the conduct of that event.
49
S. 45(1A)
inserted by
No. 37/2005
s. 17(1).
s. 45A
S. 45(2)
amended by
No. 37/2005
s. 17(2).
S. 45(2)(a)
amended by
No. 12/2004
s. 153.
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
(2) The Minister must not temporarily close a road
under subsection (1) or subsection (1A) unless the
Minister has consulted—
(a) with the Minister administering the Road
Management Act 2004; and
(b) if the road is a road to which Division 2 of
Part 9 of the Local Government Act 1989
applies, with the Minister administering that
Act.
S. 45(3)
inserted by
No. 37/2005
s. 17(3).
S. 45A
inserted by
No. 37/2005
s. 18.
(3) In this section, traffic means vehicular traffic,
pedestrian traffic and all other kinds of traffic.
45A Deemed permit under section 99B of Road Safety
Act 1986
(1) For the purposes of preparation for the conducting
of a Commonwealth Games event which involves
conducting a non-road activity within the meaning
of section 99B of the Road Safety Act 1986 on a
highway within the meaning of that Act, the
Secretary is deemed to be a person to whom a
permit under that section has been issued.
(2) For the purposes of conducting a Commonwealth
Games event which involves conducting a nonroad activity within the meaning of section 99B of
the Road Safety Act 1986 on a highway within
the meaning of that Act, the Corporation is
deemed to be a person to whom a permit under
that section has been issued.
50
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
Division 6—Government guarantees
46 Treasurer may execute guarantees in respect of
project
(1) The Treasurer, on such terms and conditions as
the Treasurer thinks fit, may—
(a) execute a guarantee in favour of a person or
body in respect of the performance of any
obligation by a person or body under an
agreement or contract relating to a
Commonwealth Games project; or
(b) execute an indemnity or covenant in favour
of a person or body in respect of any
expense, loss, damage, cost or liability
incurred or that may be incurred by that
person or body under or in respect of an
agreement or contract relating to a
Commonwealth Games project.
(2) The Treasurer must not execute a guarantee,
indemnity or covenant under subsection (1) unless
he or she has first obtained the written consent
of—
(a) in the case of a guarantee, indemnity or
covenant relating to the obligations of the
Crown under an agreement or contract, each
Minister who is a party to the agreement or
contract; or
(b) in any other case—
(i) any public body which is a party to the
agreement or contract in relation to
which the guarantee, indemnity or
covenant is to be given; and
(ii) the Minister administering the Act by
or under which that public body is
constituted.
51
s. 46
s. 47
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
(3) Section 30 of the Borrowing and Investment
Powers Act 1987 applies to a guarantee,
indemnity or covenant under subsection (1) as if it
were a guarantee, indemnity or covenant under
Part 5 of that Act.
Division 7—Restoration of temporary venues or designated
access areas
47 Restoration of designated access area or temporary
venue
(1) If a project Order has been made in respect of a
Commonwealth Games project—
(a) at a temporary Commonwealth Games
venue; or
(b) at a Commonwealth Games venue in respect
of which a designated access area Order has
been made—
then as soon as practicable after the revocation
of—
(c) the venue Order declaring the area to be a
temporary Commonwealth Games venue; or
(d) the designated access area Order—
the responsible person must cause the temporary
venue or the designated access area (as the case
requires) to be restored to the required condition.
(2) For the purposes of subsection (1), the required
condition—
(a) in relation to Crown land, is the condition
determined jointly by the Minister, the
Minister administering Part IX of the Land
Act 1958 and the Minister administering the
Crown Land (Reserves) Act 1978 before
the making of the relevant project Order; and
52
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
(b) in the case of any other land, is a condition
reasonably comparable to its condition
immediately before it became a temporary
venue or a designated access area.
(3) If the responsible person fails to comply with
subsection (1), the Minister may, by written
direction, require that person to restore the land to
the condition that the Minister requires.
(4) If the responsible person fails to comply with a
written direction under subsection (3), the
Minister—
(a) may cause the land to be restored to the
condition that the Minister requires; and
(b) may recover the costs involved from the
responsible person as a debt due to the
Crown in any court of competent
jurisdiction.
(5) The Minister must consult with the Minister
administering Part IX of the Land Act 1958 and
the Minister administering the Crown Land
(Reserves) Act 1978 before giving a direction
under subsection (3) or causing the land to be
restored under subsection (4) in relation to Crown
land.
(6) In this section, responsible person in relation to a
project Order means the person or body
nominated in the project Order in accordance with
section 17 as the person or body responsible for
the Commonwealth Games project to which the
project Order applies.
53
s. 47
s. 48
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4—General Powers and Duties in Relation to Commonwealth Games
Projects and Games Management Areas
Division 8—Action by Registrar of Titles
48 Action by Registrar of Titles
On being requested to do so and on delivery of
any relevant instrument or document, the
Registrar of Titles must make any recordings in
the Register that are necessary because of the
operation of this Part.
__________________
54
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4A—Commonwealth Games Village
s. 48A
PART 4A—COMMONWEALTH GAMES VILLAGE
Pt 4A
(Heading and
ss 48A–48E)
inserted by
No. 16/2003
s. 11.
Division 1—Planning powers
48A Games Village
This Division only applies to the Games Village
land if the Games Village project is declared to be
a Commonwealth Games project under section 15.
48B Minister to have planning powers
(1) The Minister has and may exercise in relation to
the Games Village land all of the powers,
functions and duties of the Minister under the
Planning and Environment Act 1987.
S. 48A
inserted by
No. 16/2003
s. 11.
S. 48B
inserted by
No. 16/2003
s. 11.
(2) Division 5 of Part 6 of the Planning and
Environment Act 1987 does not apply to any
decision (or failure to make a decision) or matter
relating to the Games Village land.
(3) Nothing in this section is intended to limit or
affect the exercise by the Minister for the time
being administering the Planning and
Environment Act 1987 of that Minister's powers,
functions and duties under that Act.
(4) This section applies despite anything to the
contrary in the Planning and Environment Act
1987.
Division 2—Revocation of reservations on Games Village
land
48C Revocation of reservations
The Orders in Council specified in items 1, 2
and 3 of Schedule 1 are revoked.
55
S. 48C
inserted by
No. 16/2003
s. 11.
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 4A—Commonwealth Games Village
s. 48D
S. 48D
inserted by
No. 16/2003
s. 11.
48D Consequences of revoking reservations
On the revocation under this Division of an Order
in Council reserving land—
(a) that land is deemed to be unalienated land of
the Crown, freed and discharged from all
trusts, limitations, reservations, restrictions,
encumbrances, estates and interests; and
(b) the appointment of any committee of
management of that land is revoked to the
extent that it relates to that land; and
(c) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
land.
S. 48E
inserted by
No. 16/2003
s. 11.
48E Registrar of Titles to make necessary amendments
The Registrar of Titles must make any recordings
in or amendments to the Register under the
Transfer of Land Act 1958 that are necessary
because of the operation of any provision of this
Division.
__________________
56
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 5—Protection of Commonwealth Games Project Works and Games
Management Areas
PART 5—PROTECTION OF COMMONWEALTH GAMES
PROJECT WORKS AND GAMES MANAGEMENT AREAS
s. 49
Pt 5 (Heading)
amended by
No. 37/2005
s. 10(1).
49 Restricted access areas
The Secretary may mark off or cause to be marked
off as a restricted access area—
(a) any part of a Commonwealth Games venue;
or
(b) any part of a designated access area—
by—
(c) the use of fencing, barriers or other
permanent or temporary means of physical
demarcation; and
(d) erecting signs or causing signs to be erected
on or in close proximity to the area stating
that the area is a restricted access area and
the restrictions (if any) which apply in
relation to that area.
S. 49(d)
amended by
No. 37/2005
s. 10(2).
50 Certificates of authorisation
(1) The Secretary may issue a certificate in writing
authorising the holder or class of employee or
person to enter and remain on any part of a
restricted access area to any of the following—
S. 50(1)
amended by
No. 37/2005
s. 10(3)(a).
(a) an employee or class of employee of the
Crown or any public authority;
S. 50(1)(a)
amended by
No. 37/2005
s. 10(3)(b).
(b) any other person or class of person requiring
entry to the area for the purposes of a
Commonwealth Games project or for any
other purpose necessary for, or related to, the
safe or effective management or conduct of
the Commonwealth Games or a
Commonwealth Games event.
S. 50(1)(b)
amended by
Nos 37/2005
s. 10(3)(c)(i)(ii),
29/2006
s. 3(Sch. 1
item 8).
57
s. 50A
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 5—Protection of Commonwealth Games Project Works and Games
Management Areas
(2) A certificate under subsection (1)—
(a) is issued for the period specified in the
certificate; and
(b) is subject to the conditions specified in the
certificate; and
(c) may be amended or revoked at any time by
the Secretary.
S. 50A
inserted by
No. 37/2005
s. 11.
50A Declaration of persons authorised to be in restricted
access areas other than during Games period
(1) The Secretary, by declaration, may authorise a
class of person or classes of persons to enter and
remain on any part of a restricted access area for
any of the following purposes or any combination
of those purposes—
(a) the preparation or conduct of, or
participation in, the Commonwealth Games,
a Commonwealth Games event or any
associated event, activity or program;
(b) the carrying out of any activity associated
with or ancillary to the matters specified in
paragraph (a);
(c) the use and occupation of the Games Village;
(d) the use of any facilities.
(2) A declaration under subsection (1)—
(a) must specify the class of person or classes of
persons to whom the authorisation applies;
(b) must specify the terms and conditions
(if any) to which the authorisation is subject;
58
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 5—Protection of Commonwealth Games Project Works and Games
Management Areas
s. 50B
(c) subject to paragraph (d), may specify—
(i) the period during which the
authorisation applies; and
(ii) the area to which the authorisation
applies;
(d) must not specify a period which is a Games
period;
Note
See section 50B.
(e) may be of general or limited application;
(f) may differ according to differences in time,
place or circumstance.
(3) A declaration under subsection (1) must be
published in the Government Gazette.
50B Authorisation to be in restricted access areas by
Corporation during Games period
(1) The Corporation may authorise a person, a class
of person or classes of persons to enter and remain
on any part of a restricted access area during a
Games period for any of the following purposes or
any combination of those purposes—
(a) the preparation or conduct of, or
participation in, the Commonwealth Games,
a Commonwealth Games event or any
associated event, activity or program;
(b) the carrying out of any activity associated
with or ancillary to the matters specified in
paragraph (a);
(c) the use and occupation of the Games Village
during a Games period;
(d) the use of any facilities during a Games
period.
59
S. 50B
inserted by
No. 37/2005
s. 11.
s. 51
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 5—Protection of Commonwealth Games Project Works and Games
Management Areas
(2) An authorisation under subsection (1)—
(a) must be in writing; and
(b) must specify the person, class of person or
classes of persons to whom the authorisation
applies;
(c) must specify the terms and conditions (if
any) to which the authorisation is subject;
(d) may specify—
(i) the period during a Games period to
which the authorisation applies; and
(ii) the area to which the authorisation
applies;
(e) may be of general or limited application;
(f) may differ according to differences in time,
place or circumstance.
51 Secretary may warn people to leave declared area
(1) The Secretary may warn any person (other than
the owner of the land or a person authorised in
writing by the owner) to leave any part of—
(a) a Commonwealth Games venue; or
(b) a designated access area.
(2) For the purposes of section 9(1) of the Summary
Offences Act 1966, the Secretary is deemed to be
the occupier of the land concerned in exercising a
power under subsection (1).
S. 51A
inserted by
No. 37/2005
s. 12.
51A Warning people to leave restricted access area
(1) The Secretary, a member of the police force or an
authorised officer may warn any person who is
not authorised under section 50, 50A or 50B to be
in a restricted access area or otherwise authorised
under this Act to be in that area to leave any part
of a restricted access area.
60
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 5—Protection of Commonwealth Games Project Works and Games
Management Areas
s. 51B
(2) For the purposes of section 9(1) of the Summary
Offences Act 1966, the Secretary is deemed to be
the occupier of the land concerned in exercising a
power under subsection (1).
51B Direction not to enter restricted access area
An authorised officer or a member of the police
force may direct any person who is not authorised
under section 50, 50A or 50B to be in a restricted
access area or otherwise authorised under this Act
to be in that area not to enter a restricted access
area.
S. 51B
inserted by
No. 37/2005
s. 12.
52 Offence to enter any part of restricted access area
(1) A person must not enter into or remain in any part
of a restricted access area unless the person—
(a) has a certificate of authorisation issued under
section 50 or is authorised under section 50A
or 50B or otherwise under this Act; or
S. 52(1)(a)
amended by
No. 37/2005
s. 13(1).
(b) is—
(i) a member of the police force; or
(ii) an employee in the public service
within the meaning of the Public
Administration Act 2004; or
(iii) an officer or employee of a public
body—
acting in the performance of his or her
duties; or
(c) is the owner of that land or a person
authorised in writing by the owner.
Penalty: 10 penalty units.
61
S. 52(1)(b)(ii)
amended by
No. 108/2004
s. 117(1)
(Sch. 3
item 36.2).
s. 53
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 5—Protection of Commonwealth Games Project Works and Games
Management Areas
(2) It is a defence to a charge brought under
subsection (1) against a person to prove that the
person had a reasonable excuse for entering into
or remaining in the area.
53 Evidence as to area being marked off
In any proceedings under this Act, a certificate,
signed by the Secretary, certifying that an area
was a restricted access area is evidence of the
facts stated in the certificate.
54 Interference with activities
(1) A person must not in any way intentionally—
(a) interfere with or hinder; or
(b) cause any other person to interfere with or
hinder—
the carrying out of any works at a Commonwealth
Games venue or in a designated access area for
the purposes of a Commonwealth Games project.
Penalty: 10 penalty units.
S. 54(2)
amended by
No. 37/2005
s. 13(2).
(2) A person must not in any way intentionally—
(a) interfere with or hinder; or
(b) cause any other person to interfere with or
hinder—
the entry into a restricted access area by a person
authorised under section 50 or section 50A or 50B
or otherwise under this Act to do so.
Penalty: 10 penalty units.
62
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 5—Protection of Commonwealth Games Project Works and Games
Management Areas
55 Offence not to produce certificate on demand
(1) A person who is in a restricted access area, when
asked to do so by a member of the police force or
an authorised officer, must—
(a) produce a certificate of authorisation issued
under section 50 or other evidence of that
person's authority to be in that area; or
s. 55
S. 55
amended by
No. 37/2005
s. 13(3)(a)(4)
(ILA s. 39B(1)).
S. 55(1)(a)
amended by
No. 37/2005
s. 13(3)(b).
(b) give his or her name and address.
Penalty: 5 penalty units.
(2) A member of the police force or an authorised
officer must—
(a) produce proof of his or her identity and
official status before exercising a power
under subsection (1) unless, in the case of a
member of the police force, the member is in
uniform; and
S. 55(2)
inserted by
No. 37/2005
s. 13(4).
(b) inform the person that—
(i) the authorised officer or member of the
police force (as the case requires) is
empowered under subsection (1) to ask
the person to produce evidence of that
person's authority to enter or remain on
the restricted access area or to ask the
person to give that person's name and
address; and
(ii) it is an offence to fail to comply with
the requirements of subsection (1); and
(c) make all reasonable attempts to ensure that
the person understands the requirement made
under subsection (1).
(3) It is not an offence for a person to fail to comply
with subsection (1) if the authorised officer or
member of the police force (as the case requires)
did not comply with subsection (2).
63
S. 55(3)
inserted by
No. 37/2005
s. 13(4).
s. 56
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 5—Protection of Commonwealth Games Project Works and Games
Management Areas
56 Power to remove offenders
(1) If a member of the police force believes, on
reasonable grounds, that—
(a) an assembly is being carried on in any part
of—
(i) a Commonwealth Games venue; or
(ii) a designated access area; and
(b) the assembly is being carried on in a manner
involving unlawful physical violence to
persons or unlawful damage to property; and
(c) because of the number of persons involved in
the assembly, it is not practicable to preserve
or restore public order by arresting a person
or persons involved in the assembly who is,
or who are, committing an offence involving
unlawful physical violence to persons or
unlawful damage to property—
the member of the police force may remove that
person or those persons from the Commonwealth
Games venue or the designated access area (as the
case requires).
S. 56(1A)
inserted by
No. 37/2005
s. 14.
(1A) A member of the police force may remove a
person from a Games management area if the
member of the police force believes on reasonable
grounds that—
(a) the person is not authorised to be in a
restricted access area; and
(b) the person has been given a warning to leave
the restricted access area under section 51A
or has been directed under section 51B not to
enter the area and the person has refused to
comply with the warning or the direction, as
the case requires.
64
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 5—Protection of Commonwealth Games Project Works and Games
Management Areas
(2) A member of the police force may, in order to
remove a person from an area, use such force as is
reasonable in the circumstances.
(3) Nothing in this section limits any powers of arrest
that a member of the police force has under any
other law.
(4) Any action taken under this section does not
prevent the institution of proceedings in respect of
an offence.
__________________
65
s. 56
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
s. 56AA
Pt 5AA
(Heading and
ss 56AA–
56AF)
inserted by
No. 37/2005
s. 15,
amended by
No. 93/2005
s. 11, expired
by force of
No. 57/2001
s. 58(1A).
*
*
*
*
*
*
*
*
*
__________________
Pt 5A
(Heading and
ss 56A–56ZB)
inserted by
No. 64/2003
s. 12,
amended by
Nos 13/2004
ss 6–8,
37/2005 ss 19,
26, expired by
force of
No. 57/2001
s. 58(1A).
*
*
*
__________________
Pt 5B
(Heading and
ss 56ZC,
56ZD)
inserted by
No. 13/2004
s. 9,
amended by
No. 37/2005
ss 20–22,
expired by
force of
No. 57/2001
s. 58(1A).
*
*
*
__________________
66
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 6—General
s. 57AA
PART 6—GENERAL
Division 1—Authorised officers
57AA Appointment of authorised officers
(1) The Secretary, after consultation with the Chief
Commissioner of Police, may appoint a person to
be an authorised officer if—
(a) the person holds under Part IIA of the
Private Agents Act 1966—
(i) a security guard's licence; or
(ii) a crowd controller's licence; or
(b) on and from the commencement of section 3
of the Private Security Act 2004, the person
holds under the Private Security Act 2004 a
private security individual operator licence
that authorises that person to act as a security
guard or a crowd controller; or
(c) the person is a person who the Secretary
believes has the appropriate skills,
knowledge or experience to be appointed as
an authorised officer; or
(d) the person is a member of a class of person
appropriate to be appointed as an authorised
officer.
67
Pt 6 Div. 1
(Heading and
ss 57AA–
57AF)
inserted by
No. 37/2005
s. 23.
S. 57AA
inserted by
No. 37/2005
s. 23.
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 6—General
s. 57AB
(2) An appointment under subsection (1)—
(a) must be in writing; and
(b) must specify the terms and conditions on
which the person is appointed; and
(c) may specify particular Games management
areas in which the person may exercise
powers, functions or duties as an authorised
officer.
(3) The Secretary may require an authorised officer
appointed under this section to undertake
specified training before exercising any powers,
functions or duties under this Act.
S. 57AB
inserted by
No. 37/2005
s. 23.
57AB Identification of authorised officers
(1) The Secretary must issue to each person appointed
as an authorised officer an identity card that—
(a) contains a photograph of the person; and
(b) states the full name of the person to whom it
is issued; and
(c) states that the person is an authorised officer
for the purposes of this Act.
(2) An authorised officer must produce his or her
identity card for inspection at any time during the
exercise of a power under this Act or the
regulations, if asked to do so.
(3) If a person appointed to be an authorised officer
proposes to exercise the functions of an authorised
officer and fails to produce on demand his or her
identity card, the person is not authorised to
exercise those functions in relation to the person
making the demand.
68
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 6—General
s. 57AC
(4) In any proceedings under this Act, an identity card
purporting to be issued to a person by the
Secretary under this Division is evidence of the
appointment of that person as an authorised
officer.
57AC Offence to hinder or obstruct authorised officer
A person must not obstruct or hinder an
authorised officer in the exercise of his or her
powers, functions or duties under this Act or the
regulations.
S. 57AC
inserted by
No. 37/2005
s. 23.
Penalty: 60 penalty units.
57AD Offence to impersonate authorised officer
A person must not impersonate an authorised
officer.
S. 57AD
inserted by
No. 37/2005
s. 23.
Penalty: 60 penalty units.
57AE Monitoring
The Secretary must ensure that an appropriate
system is in place to monitor the exercise of
powers, duties and functions of authorised officers
under this Act.
57AF Delegation under this Part by Secretary
The Secretary, in writing, may delegate any of the
powers conferred on the Secretary under this Part,
other than this power of delegation, to a person
employed under Part 3 of the Public
Administration Act 2004 as an executive within
the meaning of that Act.
69
S. 57AE
inserted by
No. 37/2005
s. 23.
S. 57AF
inserted by
No. 37/2005
s. 23.
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 6—General
s. 57AG
Pt 6 Div. 2
(Heading and
ss 57AG–
57AI)
inserted by
No. 37/2005
s. 23.
S. 57AG
inserted by
No. 37/2005
s. 23.
Division 2—Powers of authorised officers
57AG Power to require name and address
(1) An authorised officer may require a person to give
his or her name and address to the authorised
officer if the authorised officer believes on
reasonable grounds that the person has committed
an offence against section 56ZG, 56ZK, 56ZL,
56ZM, 56ZN, 56ZO, 56ZP or 56ZQ or an offence
against the regulations.
(2) Before requiring a person to state his or her name
and address, an authorised officer must—
(a) produce his or her identity card; and
(b) inform the person that the authorised officer
believes that the person has committed an
offence against section 56ZG, 56ZK, 56ZL,
56ZM, 56ZN, 56ZO, 56ZP or 56ZQ or an
offence against the regulations (as the case
requires); and
(c) inform the person that it is an offence against
this Act—
(i) to fail or refuse to give his or her name
and address to an authorised officer
when directed to do so; or
(ii) to give a false or misleading name and
address to an authorised officer.
70
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 6—General
s. 57AH
57AH Refusal to give name and address
A person in a Games management area must
not—
S. 57AH
inserted by
No. 37/2005
s. 23.
(a) fail or refuse to give his or her name and
address to an authorised officer when
required to do so under section 57AG; or
(b) give a false or misleading name and address
to an authorised officer when required to
give his or her name and address under
section 57AG.
Penalty: 5 penalty units.
57AI Inspection—ticketed venues
(1) An authorised officer or a member of the police
force may—
(a) request a person to produce and open for
inspection, and search by an authorised
officer or member of the police force any
bag, basket, or other receptacle that the
person intends to take into or has in a
ticketed venue;
(ab) request a person to produce and empty of its
contents any bag, basket or other receptacle
that the person intends to take into or has in a
ticketed venue;
(b) request a person who intends to enter or has
entered a ticketed venue to turn out that
person's pockets;
71
S. 57AI
inserted by
No. 37/2005
s. 23.
S. 57AI(1)(a)
amended by
No. 80/2005
s. 20(1).
S. 57AI(1)(ab)
inserted by
No. 80/2005
s. 20(2).
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 6—General
s. 57AI
(c) request a person who intends to enter or has
entered a ticketed venue—
(i) to walk through screening equipment;
(ii) to allow an authorised officer or a
member of the police force to pass
hand-held screening equipment over or
around the person or around things in
the person's possession;
(iii) to allow things in the person's
possession to pass through screening
equipment or to be examined by x-ray.
S. 57AI(1A)
inserted by
No. 80/2005
s. 20(3).
(1A) For the purposes of inspection and search under
this section, an authorised officer or member of
the police force may—
(a) search through any bag, basket or other
receptacle; or
(b) search through and move the contents of that
bag, basket or other receptacle; or
(c) search through and move the contents of a
person's pockets turned out in accordance
with subsection (1)(b).
(2) An authorised officer or a member of the police
force may direct a person not to enter a ticketed
venue if the person refuses to comply with a
request made under subsection (1).
(3) An authorised officer or a member of the police
force may direct a person who is in a ticketed
venue and who refuses to comply with a request
under subsection (1)—
(a) to leave the ticketed venue; and
(b) not re-enter the ticketed venue for a period of
24 hours.
72
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 6—General
s. 57AJ
(4) A person must not, contrary to a direction given
by an authorised officer or a member of the police
force under this section—
(a) enter, re-enter or remain in a ticketed venue;
or
(b) attempt to enter, re-enter or remain in a
ticketed venue.
Penalty: 20 penalty units.
(5) In this section—
screening equipment means a metal detector or
similar device for detecting objects or
particular substances.
(6) Nothing in this section affects the operation of
section 8G or 10 of the Control of Weapons Act
1990.
Division 3—Miscellaneous enforcement matters
57AJ Infringement notices
Schedule 5 has effect.
57AK Police may use reasonable force to remove person
(1) A member of the police force, using no more
force than is reasonably necessary, may—
(a) prevent a person from entering or attempting
to enter a Games management area contrary
to a direction under section 56ZV(2), 56ZZA
or 57AI;
73
Pt 6 Div. 3
(Heading and
ss 57AJ,
57AK)
inserted by
No. 37/2005
s. 23.
S. 57AJ
inserted by
No. 37/2005
s. 23.
S. 57AK
inserted by
No. 37/2005
s. 23.
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 6—General
s. 57AL
(b) remove a person from a Games management
area after the person has refused to comply
with a direction under section 56ZV(2),
56ZZA or 57AI;
(c) prevent a person from re-entering or
attempting to re-enter a Games management
area contrary to a direction under section
56ZV(2), 56ZZA or 57AI.
(2) Nothing in this section limits any powers of arrest
that a member of the police force has under any
other law.
(3) Any action taken under this section does not
prevent the institution of proceedings in respect of
an offence.
Pt 6 Div. 4
(Heading and
s. 57AL)
inserted by
No. 37/2005
s. 23.
S. 57AL
inserted by
No. 37/2005
s. 23.
Division 4—Miscellaneous
57AL No compensation
No compensation is payable in respect of any loss,
damage or injury, other than the death of, or
personal or bodily injury to, a person, resulting
from or arising out of any act or omission done in
good faith by any person in the administration or
purported administration of this Act or the
regulations in relation to the management and
conduct of—
(a) the Commonwealth Games; or
(b) any Commonwealth Games event or any
associated event, activity or program; or
(c) any activity associated with or ancillary to
the Commonwealth Games, a
Commonwealth Games event or an
associated event, activity or program.
74
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 6—General
s. 57
57 Regulations
(1) The Governor in Council may make regulations
for or with respect to—
S. 57
substituted by
No. 64/2003
s. 13.
(a) prescribing for the purposes of Part 5A—
(i) Commonwealth Games logos; and
(ii) Commonwealth Games insignia; and
(iii) Commonwealth Games mascots; and
(iv) Commonwealth Games pictograms;
and
(v) other Commonwealth Games indicia or
images that refer to or represent the
Commonwealth Games;
(b) prescribing Commonwealth Games
references for the purposes of Part 5A;
(ba) the care, control, management and use of a
Games management area;
S. 57(1)(ba)
inserted by
No. 37/2005
s. 25(1).
(bb) prohibiting or regulating any activity in a
Games management area;
S. 57(1)(bb)
inserted by
No. 37/2005
s. 25(1).
(bc) regulating the behaviour of persons in a
Games management area to ensure public
safety, good order and decency;
S. 57(1)(bc)
inserted by
No. 37/2005
s. 25(1).
(bd) prohibiting or regulating the entry or
admission of persons to a Games
management area, including the banning of
persons from a Games management area;
S. 57(1)(bd)
inserted by
No. 37/2005
s. 25(1).
(be) prohibiting or regulating the driving, parking
or leaving parked of vehicles within a Games
management area;
S. 57(1)(be)
inserted by
No. 37/2005
s. 25(1).
75
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 6—General
s. 57
S. 57(1)(bf)
inserted by
No. 37/2005
s. 25(1).
S. 57(1)(bg)
inserted by
No. 37/2005
s. 25(1).
(bf) prescribing powers and functions or classes
of powers and functions for the purposes of
section 28AA, including, but not limited to,
prescribing powers and functions or classes
of powers and functions in respect of specific
land or specific classes of land;
(bg) prescribing penalties not exceeding
20 penalty units for a contravention of the
regulations;
(c) any other matter or thing that is required or
permitted by this Act to be prescribed or that
is necessary to be prescribed for carrying out
or giving effect to this Act.
(2) Regulations made under subsection (1)(a) may
prescribe the matters referred to in
subsection (1)(a)—
(a) in any form or any combination of forms;
and
(b) whether or not by reference to particular
colours or combinations of colours or in any
colours or combinations of colours or both.
(3) Regulations made under this Act—
(a) may be of general or limited application;
S. 57(3)(b)
amended by
No. 37/2005
s. 25(2)(a).
(b) may differ according to differences in time,
place or circumstance;
S. 57(3)(c)
inserted by
No. 37/2005
s. 25(2)(b).
(c) may confer a discretionary authority or
impose a duty on a specified person or class
of persons;
S. 57(3)(d)
inserted by
No. 37/2005
s. 25(2)(b).
(d) may leave any matter or thing to be from
time to time determined, approved or
dispensed with by the Secretary;
76
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 6—General
s. 57A
(e) may exempt specified persons or classes of
persons from complying with all or any of
the regulations;
(f) may apply, adopt or incorporate any matter
contained in any document, code, standard,
rule, specification or method, formulated,
issued, prescribed or published by any other
person, whether—
S. 57(3)(e)
inserted by
No. 37/2005
s. 25(2)(b).
S. 57(3)(f)
inserted by
No. 37/2005
s. 25(2)(b).
(i) wholly or partially or as amended by
the regulations; or
(ii) as formulated, issued, prescribed or
published at the time the regulations are
made or at any time before then; or
(iii) as formulated, issued, prescribed or
published from time to time.
57A Transitional provision—Secretary
On and from the commencement of the
Commonwealth Games Arrangements
(Amendment) Act 2003, each instrument issued
or made by the Secretary to the Department of
Innovation, Industry and Regional Development
under this Act and existing immediately before
that commencement has effect and continues to
have effect according to its tenor as if a reference
in the instrument to the Secretary to the
Department of Innovation, Industry and Regional
Development were a reference to the body
corporate constituted under section 25A.
77
S. 57A
inserted by
No. 16/2003
s. 18.
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 6—General
s. 57B
S. 57B
inserted by
No. 16/2003
s. 18.
S. 57C
inserted by
No. 80/2006
s. 17.
57B Savings provision—Advisory Committees
Nothing in this Act, as amended by the
Commonwealth Games Arrangements
(Amendment) Act 2003, prevents or restricts an
Advisory Committee from continuing to consider
and carry out its functions in relation to any matter
referred to it under section 6 or 15 before the
commencement of the Commonwealth Games
Arrangements (Amendment) Act 2003
(including any matter relating to the Games
Village land or the Games Village project).
57C Date of abolition of Corporation
(1) The Governor in Council, on the recommendation
of the Minister, by Order published in the
Government Gazette, may fix a date (being a date
before 31 December 2006) as the date on which
the Corporation is to be abolished.
(2) Before the Minister makes a recommendation to
the Governor in Council to make an Order under
subsection (1), the Minister must consult with
CGF and ACGA.
S. 57D
inserted by
No. 80/2006
s. 17.
S. 58
substituted by
No. 16/2003
s. 19.
S. 58(1AA)
inserted by
No. 80/2006
s. 18(1).
57D Corporation abolished and transfer of assets and
liabilities
Schedule 6 has effect.
58 Expiry
(1) Part 2, Divisions 1 and 2 of Part 3, Part 4 and
Part 5 cease to apply to any project other than the
Games Village project on 31 December 2006.
(1AA) Parts 1A and 1B of this Act and Schedule 2 to this
Act expire on—
(a) the date fixed by an Order made under
section 57C(1); or
(b) 31 December 2006—
whichever is the earlier date.
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Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Part 6—General
s. 58
(1A) Parts 3A, 5AA, 5A and 5B of this Act and
Schedules 3, 4 and 5 to this Act expire on
31 December 2006.
S. 58(1A)
inserted by
No. 64/2003
s. 14(1),
amended by
No. 13/2004
s. 10,
substituted by
No. 37/2005
s. 27(1),
amended by
No. 80/2006
s. 18(2).
(2) The remaining provisions of this Act expire on
31 December 2011.
S. 58(2)
amended by
No. 64/2003
s. 14(2).
(3) The following Acts expire on 31 December
2006—
S. 58(3)
inserted by
No. 37/2005
s. 27(2).
(a) the Commonwealth Games Arrangements
(Amendment) Act 2003;
(b) the Commonwealth Games Arrangements
(Governance) Act 2003;
(c) the Commonwealth Games Arrangements
(Further Amendment) Act 2004;
(d) the Commonwealth Games Arrangements
(Miscellaneous Amendments) Act 2005.
__________________
*
*
*
__________________
79
*
*
Pts 7–9
(Headings
and ss 59–67)
repealed by
No. 16/2003
s. 20.
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Sch. 1
SCHEDULES
Sch. 1
inserted by
No. 16/2003
s. 21.
SCHEDULE 1
LAND IN RESPECT OF WHICH RESERVATIONS ARE
REVOKED
Item 1—Melbourne land (State School site)
Situation and area of land:
City of Melbourne, Parish of Jika Jika,
being 8491 square metres, being Crown
allotment 6, Section 99A.
Instrument and date of
reservation:
Order in Council dated 29 November
1983.
Description of land by
reference to Government
Gazette:
Government Gazette dated 7 December
1983, page 3920.
Purpose of reservation:
State School purposes
Extent of revocation:
The entire reserve.
Item 2—Melbourne land (Hospital for Acute Mental Diseases)
Situation and area of land:
City of Melbourne, at Royal Park, Parish
of Jika Jika, County of Bourke, being 60
acres 17 perches, less authorised excisions.
Instrument and date of
reservation:
Order in Council dated 12 January 1932.
Description of land by
reference to Government
Gazette:
Government Gazette dated 20 January
1932, page 144.
Purpose of reservation:
Site for Hospital for Acute Mental
Diseases.
Extent of revocation:
The entire reserve.
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Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Sch. 1
Item 3—Melbourne land (Day Training Centre for Mentally Retarded
Children)
Situation and area of land:
Parish of Jika Jika, County of Bourke,
being 2 acres 15 perches more or less.
Instrument and date of
reservation:
Order in Council dated 27 February 1973.
Description of land by
reference to Government
Gazette:
Government Gazette dated 7 March 1973,
page 525.
Purpose of reservation:
Site for Public purposes (Day Training
Centre for Mentally Retarded Children).
Extent of revocation:
The entire reserve.
__________________
*
*
*
*
*
Sch. 2
inserted by
No. 64/2003
s. 9,
amended by
No. 108/2004
s. 117(1)
(Sch. 3 item
36.3), 80/2006
s. 26(Sch.
item 18.2),
expired by
force of
No. 57/2001
s. 58(1AA)3.
*
*
Schs 3, 4
inserted by
No. 64/2003
s. 15, expired
by force of
No. 57/2001
s. 58(1A).
__________________
*
*
*
__________________
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Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Sch. 5
Sch. 5
inserted by
No. 37/2005
s. 24,
amended by
No. 93/2005
s. 12, expired
by force of
No. 57/2001
s. 58(1A).
*
*
*
__________________
82
*
*
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Sch. 6
SCHEDULE 6
Section 57D
CORPORATION ABOLISHED AND TRANSFER OF ASSETS
AND LIABILITIES
1 Definition
In this Schedule, abolition date means the date
that Part 1A of this Act expires.
2 Abolition of Corporation
On the abolition date, the Corporation is
abolished.
3 Members of Board go out of office
A person holding office as a member of the Board
immediately before the abolition date ceases to
hold that office on that date.
4 Abolition of committees
On the abolition date—
(a) any committee established by the
Corporation under section 4R is abolished;
and
(b) a person holding office as a member of a
committee referred to in paragraph (a)
immediately before the abolition date ceases
to hold that office.
5 Transfer of assets and liabilities
(1) On the abolition date, all assets, property
(including intellectual property) and rights vested
in or held by the Corporation immediately before
the abolition date vest, by force of this subclause,
in the State.
83
Sch. 6
inserted by
No. 80/2006
s. 19.
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Sch. 6
(2) On the abolition date, all liabilities of the
Corporation existing immediately before the
abolition date become, by force of this subclause,
liabilities of the State.
(3) On the abolition date, the State is, by force of this
subclause, substituted as a party to—
(a) subject to subclause (5), any current
agreement, contract, lease or other
arrangement; and
(b) any proceedings pending in any court or
tribunal—
to which the Corporation or the Board was a party
immediately before the abolition date.
(4) The operation of subclause (3) does not confer on
a party (other than the State) to an agreement,
contract, lease or other arrangement any right or
benefit not existing before the abolition date.
(5) Nothing in this clause operates to transfer to the
State any current agreement, contract or other
arrangement relating to terms or conditions of
employment of persons employed under
section 4G, 4T or 4U.
6 Validity of things done under this Schedule
Nothing effected or to be effected by this
Schedule or done or suffered under this
Schedule—
(a) is to be regarded as placing any person in
breach of contract or confidence or as
otherwise making any person guilty of a civil
wrong; or
(b) is to be regarded as placing any person in
breach of, or as constituting a default under,
any Act or other law or obligation or any
provision in any agreement, arrangement or
understanding including, but not limited to,
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Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Sch. 6
any provision or obligation prohibiting,
restricting or regulating the assignment,
transfer, sale or disposal of any property or
the disclosure of any information; or
(c) is to be regarded as fulfilling any condition
that allows a person to exercise a power,
right or remedy in respect of or to terminate
any agreement or obligation; or
(d) is to be regarded as giving rise to any remedy
for a party to a contract or an instrument or
as causing or permitting the termination of
any contract or instrument because of a
change in the beneficial or legal ownership
of any asset, right or liability; or
(e) is to be regarded as causing any contract or
instrument to be void or otherwise
unenforceable; or
(f) is to be regarded as frustrating any contract;
or
(g) releases any surety or other obligor wholly or
in part from any obligation.
═══════════════
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Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Endnotes
ENDNOTES
1. General Information
Minister's second reading speech—
Legislative Assembly: 23 August 2001
Legislative Council: 27 September 2001
The long title for the Bill for this Act was "A Bill to facilitate preparations for
the Commonwealth Games to be held in Melbourne in 2006, to amend the
Melbourne Cricket Ground Act 1933, the State Sport Centres Act 1994
and the Project Development and Construction Management Act 1994
and for other purposes."
The Commonwealth Games Arrangements Act 2001 was assented to on
16 October 2001 and came into operation on 17 October 2001: section 2.
86
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Commonwealth Games
Arrangements Act 2001 by Acts and subordinate instruments.
Where a provision has expired, the provision has been omitted and an
explanatory sidenote included.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Commonwealth Games Arrangements (Amendment) Act 2003, No. 16/2003
Assent Date:
13.5.03
Commencement Date:
Ss 4–21 on 14.5.03: s. 2
Current State:
This information relates only to the provisions
amending the Commonwealth Games
Arrangements Act 2001
Commonwealth Games Arrangements (Governance) Act 2003, No. 64/2003
Assent Date:
30.9.03
Commencement Date:
Ss 4–7, 9, 11–15 on 7.10.03: Special Gazette
(No. 182) 7.10.03 p. 1; s. 8 on 5.11.03: Special Gazette
(No. 182) 7.10.03 p. 1
Current State:
This information relates only to the provisions
amending the Commonwealth Games
Arrangements Act 2001
Road Management Act 2004, No. 12/2004
Assent Date:
11.5.04
Commencement Date:
S. 153 on 1.7.04: s. 2(2)
Current State:
This information relates only to the provisions
amending the Commonwealth Games
Arrangements Act 2001
Commonwealth Games Arrangements (Further Amendment) Act 2004,
No. 13/2004
Assent Date:
18.5.04
Commencement Date:
19.5.04: s. 2
Current State:
All of Act in operation
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 36) on 5.4.05: Government
Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s
amending the Commonwealth Games
Arrangements Act 2001
Commonwealth Games Arrangements (Miscellaneous Amendments) Act 2005,
No. 37/2005
Assent Date:
27.7.05
Commencement Date:
28.7.05: s. 2
Current State:
All of Act in operation
87
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Endnotes
Major Events (Crowd Management) and Commonwealth Games Arrangements
Acts (Crowd Safety Amendment) Act 2005, No. 80/2005
Assent Date:
22.11.05
Commencement Date:
23.11.05: s. 2
Current State:
All of Act in operation
Road Safety and Other Acts (Vehicle Impoundment and Other Amendments)
Act 2005, No. 93/2005
Assent Date:
29.11.05
Commencement Date:
Ss 11, 12 on 30.11.05: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Commonwealth Games
Arrangements Act 2001
Statute Law (Further Revision) Act 2006, No. 29/2006
Assent Date:
6.6.06
Commencement Date:
S. 3(Sch. 1 item 8) on 7.6.06: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Commonwealth Games
Arrangements Act 2001
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006,
No. 80/2006
Assent Date:
10.10.06
Commencement Date:
Ss 17–19, 26(Sch. item 18) on 11.10.06: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Commonwealth Games
Arrangements Act 2001
Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009
Assent Date:
15.12.09
Commencement Date:
S. 26 on 16.12.09: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Commonwealth Games
Arrangements Act 2001
–––––––––––––––––––––––––––––––––––––––––––––––––––
88
Commonwealth Games Arrangements Act 2001
No. 57 of 2001
Endnotes
3. Explanatory Details
1
Pt 1A (expired): This Part expired on 30 November 2006, being the date
fixed for the abolition of the Commonwealth Games Corporation.
See Government Gazette 19 October 2006 page 2261.
2
Pt 1B (expired): See note 1.
3
Sch. 2 (expired): See note 1.
89