Sporting Venues Authorities Act 2008 No 65

An Act to establish authorities to manage sporting venues for the State and specific regions of the State; and for other purposes.

long title: Am 2011 No 57, Sch 1 [1].

Part 1 Preliminary

1 Name of Act

This Act is the Sporting Venues Authorities Act 2008.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Definitions

(1)  In this Act—

advisory committee means a committee established under section 21C and includes a membership advisory committee.

assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.

authority’s land means, in relation to a sporting venues authority, land vested in or managed by that authority.

Board of Venues NSW means the Board of Venues NSW provided by section 15.

Chief Executive Officer means the Chief Executive Officer of Venues NSW.

controlled land means the lands described in Schedule 4A, Part 3.

designated land means the land described in Schedule 4A, Part 2.

function includes a power, authority or duty, and exercise a function includes perform a duty.

government agency means—

(a)  a public authority constituted by or under an Act, or

(b)  a NSW Government agency, or

(c)  a Division of the Government Service, or

(d)  a local authority, or

(e)  a State owned corporation.

liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).

membership advisory committee means a membership advisory committee established by section 21E.

private corporation means a corporation within the meaning of the Corporations Act 2001 of the Commonwealth formed in or outside New South Wales.

private subsidiary corporation means a private corporation in which a sporting venues authority has a controlling interest.

ranger means a person appointed under section 37 to be a ranger.

rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).

scheduled lands means the land described in Schedule 4A, Part 1.

sporting venues authority means the State Sporting Venues Authority or Venues NSW.

State Sporting Venues Authority means the State Sporting Venues Authority constituted under this Act.

Venues NSW means Venues NSW constituted by this Act.

Venues NSW’s land means the land vested in or managed by Venues NSW and includes land described in Schedule 4A.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)  Notes included in this Act do not form part of this Act.

s 3: Am 2011 No 57, Sch 1 [2]; 2014 No 88, Sch 1.26 [1]; 2020 No 29, Sch 1[1]–[3].

3A Objects of Act

The objects of this Act are as follows—

(a)  to enable the efficient and effective management and coordination of entertainment and sporting venues within the State on a commercial basis,

(b)  to attract and encourage the holding of major events at entertainment and sporting venues within the State,

(c)  to facilitate the development of precincts surrounding the entertainment and sporting venues that Venues NSW owns or operates,

(d)  to ensure a customer-focused approach is applied to the management of entertainment and sporting venues and surrounding lands so they remain accessible to, and meet the needs of, users of and visitors to the venues and the broader community,

(e)  to ensure the provision of entertainment and sporting venues fulfils community service obligations that may be determined by the Minister from time to time.

s 3A: Ins 2020 No 29, Sch 1[4].

Part 2 State Sporting Venues Authority

Division 1 Constitution and administration of State Sporting Venues Authority

4 Constitution of State Sporting Venues Authority

There is constituted by this Act a corporation with the corporate name of State Sporting Venues Authority.

5 Status of State Sporting Venues Authority

The State Sporting Venues Authority is a NSW Government agency.

6 Ministerial control

(1)  The Minister is responsible for the day-to-day management of the affairs of the State Sporting Venues Authority.

(2)  Any act, matter or thing done in the name of, or on behalf of, the State Sporting Venues Authority by the Minister is taken to have been done by the Authority.

7 Delegation of State Sporting Venues Authority’s functions

(1)  The State Sporting Venues Authority may delegate to an authorised person any of its functions, other than this power of delegation.

(2)  A delegate may sub-delegate to an authorised person any function delegated by the State Sporting Venues Authority if the delegate is authorised in writing to do so by the Authority.

(3)  In this section, authorised person means—

(a)  a member of staff of the State Sporting Venues Authority, or

(b)  a government agency or member of staff of a government agency.

(c)    (Repealed)

s 7: Am 2020 No 29, Sch 1[5].

8 (Repealed)

s 8: Rep 2011 No 57, Sch 1 [3].

Division 2 Functions of State Sporting Venues Authority

9 Functions of State Sporting Venues Authority

(1)  The principal functions of the State Sporting Venues Authority are as follows—

(a)  to maintain and improve the authority’s land,

(b)  to establish and manage sporting grounds, sporting facilities and recreational facilities (whether or not on the authority’s land),

(c)  to establish and manage facilities for the purposes of sporting competitions, sports training and sports education (whether or not on the authority’s land),

(c1)  to establish and manage community facilities and to establish and manage facilities for community and recreational purposes (whether or not on the authority’s land),

(d)  to permit the use of the whole or any part of the authority’s land for activities of a sporting, recreational or community nature, including the use of that land for events and general community access,

(e)  to encourage the use and enjoyment of the authority’s land by the public and clubs, associations or other bodies, where appropriate in its opinion,

(f)  to undertake or provide, or facilitate the undertaking or provision of, commercial and retail activities and facilities on the authority’s land,

(g)  to make all reasonable attempts to ensure that any new development carried out on the authority’s land accords with best practice environmental and planning standards,

(h)  to ensure that proper asset management plans are in place and are implemented for the authority’s land.

(2)  The State Sporting Venues Authority may enter into an arrangement with Venues NSW for Venues NSW to manage any land vested in the State Sporting Venues Authority and to perform any function that the State Sporting Venues Authority has in relation to that land.

(3)  The State Sporting Venues Authority may do all such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of its functions, including entering into any contract or arrangement with any person in connection with the carrying out of its functions.

(4)  Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the State Sporting Venues Authority to exercise its functions.

Note—

Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the State Sporting Venues Authority makes use of) may be referred to as officers or employees, or members of staff, of the State Sporting Venues Authority. Section 47A of the Constitution Act 1902 precludes the State Sporting Venues Authority from employing staff.

(5)  The State Sporting Venues Authority has such other functions as are conferred or imposed on it by or under this or any other Act.

s 9: Am 2014 No 88, Sch 1.26 [2] [3]; 2020 No 29, Sch 1[6] [7].

10 Exercise of functions through private subsidiaries, joint ventures etc

Any function of the State Sporting Venues Authority may be exercised—

(a)  by the Authority itself, or

(b)  by a private subsidiary corporation, or

(c)  by the Authority or such a private subsidiary corporation, or both, in a partnership, joint venture or other association with other persons or bodies.

s 10: Am 2020 No 29, Sch 1[8].

11 Private subsidiary corporations etc

(1)    (Repealed)

(2)  The State Sporting Venues Authority may—

(a)  form, or participate in the formation of, private corporations, and

(b)  acquire interests in private corporations, and

(c)  sell or otherwise dispose of interests in private corporations.

(3)  A private subsidiary corporation is not, and does not represent, the Crown.

s 11: Am 2020 No 29, Sch 1[9].

Part 3 Venues NSW

pt 3: Subst 2020 No 29, Sch 1[10].

Division 1 Constitution and administration of Venues NSW

pt 3, div 1: Subst 2020 No 29, Sch 1[10].

12 Constitution of Venues NSW

There is constituted by this Act a corporation with the corporate name of Venues NSW.

s 12: Subst 2020 No 29, Sch 1[10].

13 Status of Venues NSW

Venues NSW is a NSW Government agency.

s 13: Subst 2020 No 29, Sch 1[10].

14 Ministerial control

Venues NSW is subject to the control and direction of the Minister in the exercise of its functions.

s 14: Am 2011 No 57, Sch 1 [4] [5]. Subst 2020 No 29, Sch 1[10].

15 Board of Venues NSW

(1)  There is to be a Board of Venues NSW.

(2)  The Board of Venues NSW is to consist of the following members appointed by the Minister—

(a)  1 person appointed by the Minister as the Chairperson of the Board,

(b)  1 person appointed by the Minister as the Deputy Chairperson of the Board,

(c)  1 person who is a Public Service senior executive within the meaning of the Government Sector Employment Act 2013,

(d)  1 person who resides in the Hunter Region,

(e)  1 person who resides in the Wollongong Region,

(f)  at least 6, but not more than 8, other persons.

(3)  The Board of Venues NSW is responsible for the major sporting facilities in NSW and in particular, the unique heritage and historical role of the Sydney Cricket Ground (since 1854), Sydney Cricket Ground Trust (since 1875) and Sydney Cricket and Sports Ground Trust (since 1952) in the sporting and civic life of the State, when, at various times, the SCG has been the primary home of—

(a)  Cricket: Inter-colonial, Test Match, Sheffield Shield and limited-over international and domestic;

(b)  Rugby League;

(c)  Rugby Union;

(d)  Soccer/Football;

(e)  Australian Football;

(f)  Cycling;

(g)  Baseball; and

(h)  Athletics, hosting the 1938 Empire Games.

And home to military recruitment and barracks during World Wars One and Two; also served as the principal location for the 1901 Australian Federation celebrations; and through the work of the SCG Trust, contributed heavily to charitable and civic-minded causes in NSW.

Note—

Schedule 1 sets out provisions relating to the members and procedure of the Board of Venues NSW.

s 15: Subst 2020 No 29, Sch 1[10].

16 Chief Executive Officer of Venues NSW

(1)  The Minister may, in consultation with the Board of Venues NSW, appoint a Chief Executive Officer of Venues NSW.

(2)  The Chief Executive Officer is responsible for the day-to-day management of the affairs of Venues NSW in accordance with the policies and general directions of the Board of Venues NSW.

(3)  Any act, matter or thing done in the name of, or on behalf of, Venues NSW by the Chief Executive Officer is taken to have been done by Venues NSW.

(4)  The Chief Executive Officer may attend, and participate in discussions at, meetings of the Board of Venues NSW unless otherwise directed by the Board, but is not entitled to vote at the meetings.

Note—

Schedule 2 sets out further provisions relating to the Chief Executive Officer.

s 16: Am 2009 No 56, Sch 4.63 [1]. Subst 2020 No 29, Sch 1[10].

17 Staff of Venues NSW

Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable Venues NSW to exercise its functions.

Note—

Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services Venues NSW makes use of) may be referred to as officers or employees, or members of staff, of Venues NSW. Section 47A of the Constitution Act 1902 precludes Venues NSW from employing staff.

s 17: Am 2009 No 56, Sch 4.63 [1]. Subst 2020 No 29, Sch 1[10].

18 Holder of office not affected by appointment to Venues NSW or its Board

(1)  The doctrine of incompatibility of office—

(a)  does not operate to prevent the holder of a position in a government sector agency (the original position) from being appointed to a position in Venues NSW or on its Board (the additional position), and

(b)  does not operate to effect or require the holder of the original position to surrender or vacate the position as a result of the appointment to the additional position.

(2)  This section applies even if the original position or the additional position is held on an acting or temporary basis.

(3)  This section does not limit section 73 of the Government Sector Employment Act 2013.

(4)  In this section—

government sector agency has the same meaning as in the Government Sector Employment Act 2013.

s 18: Subst 2020 No 29, Sch 1[10].

Division 2 Functions of Venues NSW

pt 3, div 2: Subst 2020 No 29, Sch 1[10].

19 Functions of Venues NSW

(1)  The principal functions of Venues NSW are as follows—

(a)  to provide advice to the Minister on the State’s entertainment and sporting venues management strategy and development of existing or new entertainment and sporting venues and their surrounding precincts,

(b)  to maintain and improve Venues NSW’s land,

(c)  to establish, manage and improve sporting grounds, events grounds and associated facilities for the purposes of sports, events and recreation,

(d)  to establish, manage and improve facilities for the purposes of sporting competitions, sports training and sports education,

(e)  to establish, manage and improve community facilities and to establish, manage and improve facilities for community and recreational purposes,

(f)  to permit the use of the whole or any part of Venues NSW’s land for activities of a sporting, recreational or community nature, including the use of the land for events and general community access,

(g)  to encourage, if Venues NSW considers it appropriate, the use and enjoyment of Venues NSW’s land by the public and clubs, associations or other bodies,

(h)  to collaborate with public sector agencies and other bodies to promote the use of Venues NSW’s land and facilities for commercial purposes,

(i)  to undertake or provide, or facilitate the undertaking or provision of, commercial and retail activities and facilities on Venues NSW’s land,

(j)  to make all reasonable attempts to ensure new development carried out on Venues NSW’s land accords with environmental and planning laws, standards and best practice,

(k)  to contribute to proposals for the design, development and management of land neighbouring Venues NSW’s land,

(l)  to meet the community service obligations determined from time to time by the Minister in relation to the provision of entertainment and sporting venues.

(2)  Venues NSW may undertake supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of its functions, including entering into any contract or arrangement with any person in connection with the carrying out of its functions.

(3)  Venues NSW has other functions conferred or imposed on it by or under this Act or any other Act.

s 19: Subst 2020 No 29, Sch 1[10].

20 Delegation of Venues NSW’s functions

(1)  Venues NSW may delegate to an authorised person any of its functions, other than this power of delegation.

(2)  A delegate may sub-delegate to an authorised person any function delegated by Venues NSW if the delegate is authorised in writing to do so by Venues NSW.

(3)  In this section, authorised person means—

(a)  a member of staff of Venues NSW, or

(b)  a government agency or member of staff of a government agency, or

(c)  an advisory committee or member of an advisory committee.

s 20: Rep 2011 No 57, Sch 1 [3]. Ins 2020 No 29, Sch 1[10].

21 Private subsidiary corporations

(1)  Venues NSW may—

(a)  form, or participate in the formation of, private corporations, and

(b)  acquire interests in private corporations, and

(c)  sell or otherwise dispose of interests in private corporations.

(2)  A private subsidiary corporation is not, and does not represent, the Crown.

s 21: Am 2011 No 57, Sch 1 [6] [7]; 2014 No 88, Sch 1.26 [4] [5]. Subst 2020 No 29, Sch 1[10].

21A Exercise of functions through private subsidiary corporations or with other persons or bodies

A function of Venues NSW may be exercised—

(a)  by Venues NSW itself, or

(b)  by a private subsidiary corporation, or

(c)  by Venues NSW or a private subsidiary corporation, or both, in a partnership, joint venture or other association with other persons or bodies.

s 21A: Ins 2020 No 29, Sch 1[10].

Part 3A Advisory committees

pt 3A (ss 21B–21F): Ins 2020 No 29, Sch 1[10].

21B Definitions

In this Part—

commencement day means the day on which this Part commences.

done includes omitted to be done.

liability means civil liability and includes action, claim and demand.

pt 3A (ss 21B–21F): Ins 2020 No 29, Sch 1[10].

21C Advisory Committees—general

(1)  Venues NSW may establish advisory committees to—

(a)  provide advice to the Minister or to Venues NSW, or

(b)  enable Venues NSW to exercise its functions.

(2)  Subject to any directions given by the Minister, the procedure of an advisory committee is to be determined by the Board of Venues NSW.

(3)  A member of an advisory committee is an honorary member and no remuneration is payable to the member in respect of the duties they perform as a member of the advisory committee.

(4)  An advisory committee, other than a membership advisory committee, may be dissolved or merged with another advisory committee at any time.

(5)  The regulations may provide for the following—

(a)  the establishment and functions of an advisory committee,

(b)  the membership of an advisory committee,

(c)  the procedure and dissolution of an advisory committee,

(d)  the appointment, term of office and removal from office of members of an advisory committee.

pt 3A (ss 21B–21F): Ins 2020 No 29, Sch 1[10].

21D Advisory Committees—Hunter and Wollongong Precincts

Venues NSW must, within 6 months of the commencement day, establish an advisory committee in respect of each of the following regions to provide advice to the Minister and to Venues NSW regarding the entertainment and sporting venues and their surrounding precincts in those regions—

(a)  the Hunter Region,

(b)  the Wollongong Region.

pt 3A (ss 21B–21F): Ins 2020 No 29, Sch 1[10].

21E Membership advisory committees

(1)  The following membership advisory committees are established on the commencement day—

(a)  a committee to provide advice to Venues NSW regarding the membership of persons who were formerly Members of the Sydney Cricket Ground, as referred to in clause 37 of the Sydney Cricket Ground and Sydney Football Stadium By-law 2014 before its repeal,

(b)  a committee to provide advice to Venues NSW regarding the membership of persons who were given membership to stadia vested in Venues NSW before the commencement day.

(2)  Venues NSW is to ensure a former member is invited to become a member of—

(a)  if the former member was a member of the Sydney Cricket and Sports Ground Trust—the membership advisory committee established under subsection (1)(a), or

(b)  if the former member was a member of the former board of management of Venues NSW—the membership advisory committee established under subsection (1)(b).

(3)  A person becomes a member of a membership advisory committee—

(a)  if the person is a former member—

(i)  on the day the former member accepts Venues NSW’s invitation to become a member of the membership advisory committee, and

(ii)  in accordance with subsection (2), or

(b)  if the person who is elected, in accordance with Schedule 3, as a member of the membership advisory committee established under subsection (1)(a)—on the date of the person’s election.

(4)  A membership advisory committee may be dissolved or merged with another advisory committee on the expiration of the remainder of the terms of office of—

(a)  for a membership advisory committee established under subsection (1)(a)—all of the former members of the Sydney Cricket and Sports Ground Trust who have been appointed as members of the membership advisory committee, or

(b)  for a membership advisory committee established under subsection (1)(b)—all of the former members of the former board of management of Venues NSW who have been appointed as members of the membership advisory committee.

(5)  A member of a membership advisory committee is not personally subject to any liability for anything done—

(a)  in good faith, and

(b)  for the purpose of executing functions under this Act.

(6)  The liability instead attaches to the Crown.

(7)  In this section—

former board of management of Venues NSW means the board of management of Venues NSW before Venues NSW was reconstituted by Schedule 5, Part 6.

former member means a person who—

(a)  was, immediately before its dissolution, a member of—

(i)  the Sydney Cricket and Sports Ground Trust, or

(ii)  the former board of management of Venues NSW, and

(b)  is not appointed as a member of the Board of Venues NSW.

pt 3A (ss 21B–21F): Ins 2020 No 29, Sch 1[10].

21F Advisory Committee: Sydney Cricket Ground Heritage

Venues NSW must, within 6 months of the commencement day, establish a body to be known as the ‘SCG Heritage Trust’, advising the Minister and Venues NSW on—

(a)  The preservation and public promotion of the unique sporting and civic history of the SCG;

(b)  Proposed changes in the design, amenity and management of the SCG that may affect its heritage values;

(c)  Harnessing the skills and interests of historians and sporting enthusiasts to further develop the historical record and status of the SCG; and

(d)  The custodianship of the highly significant historical role and contribution of the SCG Trust.

Members of this advisory committee must be appointed on the basis of their well-established and meritorious sporting, administrative or research/published association with the ground.

pt 3A (ss 21B–21F): Ins 2020 No 29, Sch 1[10].

Part 4 Provisions relating to vesting of and dealings with land and other property

Division 1 Vesting of land in sporting venues authorities

22 Definitions

In this Division—

land of a government agency means—

(a)  land that is vested in the government agency, or land that is vested in the Crown or Her Majesty and that is controlled and used by the government agency, or

(b)  an interest in land, being an interest that is vested in or held by the government agency.

relevant authority means, in relation to land described in Schedule 4, the sporting venues authority specified opposite the land in that Schedule.

transfer date means—

(a)  in relation to land included in Schedule 4 by order under section 24—the date of publication of the order on the NSW legislation website or a later date specified in the order in respect of the land, or

(b)  in relation to land included in Schedule 4 by an amendment made by an Act—the date on which the amendment takes effect.

transferor, in relation to land included in Schedule 4, means the person or body in whom or which the land was vested immediately before the transfer date.

s 22: Am 2009 No 56, Sch 4.63 [2]; 2009 No 106, Sch 2.36 [1] [2].

23 Transfer of property to sporting venues authorities

(1)  On the transfer date relating to land included in Schedule 4, the land vests in the relevant authority for an estate in fee simple (or such other interest as is specified in the Schedule)—

(a)  without the need for any further conveyance, transfer, assignment or assurance, and

(b)  subject to any trusts, estates, interests, dedications, conditions, restrictions and covenants to which the land was subject immediately before the transfer date.

(2)  On the transfer date relating to land included in Schedule 4, the following provisions have effect—

(a)  the rights or liabilities of the transferor in relation to the land become by virtue of this section the rights or liabilities of the relevant authority,

(b)  all proceedings relating to the land commenced before the transfer date by or on behalf of, or against, the transferor or a predecessor of the transferor and pending immediately before the transfer date are taken to be proceedings pending by or against the relevant authority,

(c)  any act, matter or thing done or omitted to be done in relation to the land before the transfer date by, to or in respect of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the relevant authority,

(d)  a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent that it relates to that land or those rights or liabilities but subject to the regulations), to be read as, or as including, a reference to the relevant authority.

(3)  Regulations may be made for or with respect to the conversion of references to the transferor in any document or class of documents to references to the relevant authority as a consequence of any transfer of land under this Division.

24 Transfer of additional property to authority—amendment of Schedule 4

(1)  The Governor may, by order published on the NSW legislation website—

(a)  amend Schedule 4 by inserting, altering or omitting the name of a sporting venues authority or a description of land, or

(b)  substitute Schedule 4.

(2)  Land is authorised to be included in Schedule 4 by order under this section only if—

(a)  it is land of a government agency (including vacant Crown land), and

(b)  the appropriate consent has been obtained to the land being included in the order.

(3)  For the purposes of subsection (2), the appropriate consent is—

(a)  where the government agency concerned is not a local authority—the consent of the Minister responsible for the government agency, or

(b)  where the government agency concerned is a local authority—the consent of the local authority.

(4)  Subject to section 23 (1) (b), this section does not prevent land, the fee simple in which is vested in Her Majesty, the Crown or a government agency, or vacant Crown land, from being transferred by order under this section even if the land is subject to other interests.

(5)  Subject to the other provisions of this section, land may be transferred by order under this section despite any requirement of any other Act or law that relates to dealing with or disposing of the land.

s 24: Am 2009 No 56, Sch 4.63 [1].

25 Effect of transfer of land under this Division

(1)  No compensation is payable to any person or body in connection with the operation of this Division.

(2)  The operation of this Division is not to be regarded—

(a)  as a breach of contract or confidence or otherwise as a civil wrong, or

(b)  as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

(c)  as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.

(3)  The operation of this Division is not to be regarded as an event of default under any contract or other instrument.

(4)  No attornment to the transferee by a lessee from a transferor is required.

25A Competition authorisations relating to transfer of land under this Division

(1)  Conduct authorised or required by or under the provisions of this Division is specifically authorised by this Act for the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales.

(2)  Conduct authorised by this section is authorised only to the extent (if any) it would otherwise contravene Part IV of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales.

s 25A: Ins 2020 No 29, Sch 1[11].

Division 2 Dealings with land

26 Land dealings

(1)  A sporting venues authority may sell, lease, exchange or otherwise dispose of or deal with any land vested in the authority and grant easements or rights-of-way over such land or any part of it.

(2)  Venues NSW may take action under subsection (1) only with the consent of the Minister.

s 26: Am 2020 No 29, Sch 1[12].

27 Acquisition of property by gift, devise or bequest

(1)  A sporting venues authority may acquire by gift, devise or bequest any property for the purposes of this Act and may agree to carry out the conditions of any such gift, devise or bequest.

(2)  The rule of law against remoteness of vesting does not apply to any condition of a gift, devise or bequest to which the sporting venues authority has agreed.

(3)  The Duties Act 1997 does not apply to or in respect of any gift, devise or bequest made or to be made to a sporting venues authority.

28 Dealings with certain property that is held by sporting venues authority subject to a condition

(1)  If property is held by a sporting venues authority subject to a condition to which the authority has agreed under section 27, the authority is not to dispose of or otherwise deal with any of the property except in accordance with the condition or in accordance with subsection (2).

(2)  If the authority resolves that any property held by the authority subject to such a condition is no longer required for the purposes of the authority or can no longer be used for those purposes, the authority may, despite that condition—

(a)  sell the property and retain the proceeds of sale as property of the authority, or

(b)  exchange the property for other property that is capable of being used for the purposes of the authority, or

(c)  give the property to an institution that engages in activities of a sporting, recreational, educational or cultural nature, or

(d)  if the authority is of the opinion that the property is of no commercial value—dispose of or otherwise deal with the property without valuable consideration.

(3)  Venues NSW is not to sell, exchange, give, dispose of or otherwise deal with property under this section except with the consent of the Minister and in accordance with any condition that the Minister may impose on the grant of that consent.

(4)  The Minister may consent to the sale, exchange, gift or disposal of, or to any other dealing with, property for the purposes of this section and may impose any condition that the Minister thinks fit on the grant of that consent.

s 28: Am 2020 No 29, Sch 1[12].

29 Acquisition of land

(1)  The State Sporting Venues Authority may acquire land or any interest in land, for the purposes of this Act, by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

(2)  Venues NSW may acquire land or any interest in land, for the purposes of this Act, by agreement.

(3)  For the purposes of the Public Works Act 1912, any acquisition of land under this Act is taken to be an authorised work, and the sporting venues authority that acquired the land is, in relation to that authorised work, taken to be the Constructing Authority.

(4)  Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply to or in respect of works constructed under this Act.

s 29: Am 2020 No 29, Sch 1[12].

30 Reservations, dedications and original grants of land

(1)  A sporting venues authority may manage, develop and otherwise deal with the authority’s land in accordance with this Act despite the terms of any grant, reservation or dedication to which the land is or was subject under any Act or law.

(2)  This section is subject to Divisions 2A and 2B.

s 30: Am 2020 No 29, Sch 1[13].

Division 2A Crown land management

pt 4, div 2A: Ins 2020 No 29, Sch 1[14].

30AA Definitions

In this Division—

commencement day means the day on which this Division commences.

Crown land Minister means the Minister administering the Crown Land Management Act 2016.

pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].

30AB Dedication of scheduled lands

The scheduled lands continue, on and from the commencement day, to be Crown land dedicated for the purpose of public recreation under the Crown Land Management Act 2016.

pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].

30AC Venues NSW is Crown land manager of scheduled lands

(1)  On and from the commencement day—

(a)  the appointment of the Sydney Cricket and Sports Ground Trust as Crown land manager for the scheduled lands under the Crown Land Management Act 2016 is taken to be revoked, and

(b)  Venues NSW is taken to have been appointed under the Crown Land Management Act 2016 as the Crown land manager for the scheduled lands.

(2)  The Crown Land Management Act 2016 applies in relation to the scheduled lands and to Venues NSW in its capacity as the Crown land manager, subject to the following modifications—

(a)  Venues NSW’s appointment as the Crown land manager of the scheduled lands cannot be revoked under the Crown Land Management Act 2016,

(b)  no other person can be appointed under the Crown Land Management Act 2016 as a Crown land manager of the scheduled lands,

(c)  Venues NSW is taken to have been assigned as a category 1 non-council manager of the scheduled lands for the purposes of Division 3.5 of the Crown Land Management Act 2016,

(d)  if the Minister is not also the Crown land Minister, the Minister can—

(i)  exercise the functions of the Crown land Minister under Part 2 of the Crown Land Management Act 2016 instead of the Crown land Minister in relation to the scheduled lands, except a function prescribed under paragraph (e), and

(ii)  grant written consent for the purposes of Division 3.5 of the Crown Land Management Act 2016,

(e)  the regulations under this Act may prescribe kinds of functions for the purposes of section 3.26(2)(d) of the Crown Land Management Act 2016,

(f)  Venues NSW is not required to obtain the Minister’s consent for the exercise of a function prescribed for the purposes of section 3.26(2)(d) of the Crown Land Management Act 2016 or paragraph (e),

(g)  the following provisions of the Crown Land Management Act 2016 do not apply in relation to the scheduled lands or Venues NSW—

(i)  Division 2.2,

(ii)  Division 2.4 (except for sections 2.12 and 2.14),

(iii)  section 2.21,

(iv)  Division 3.2,

(v)  sections 3.14–3.16 and 3.18,

(vi)  sections 3.29–3.31,

(vii)  Division 3.6,

(viii)  section 3.45,

(ix)  sections 9.12 and 9.25,

(x)  Schedule 5,

(xi)  any other provisions prescribed by the regulations.

(3)  If the Minister exercises a function of the Crown land Minister permitted by this section, the exercise of the function has the same effect as if it had been duly exercised by the Crown land Minister.

pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].

Division 2B Particular provisions relating to controlled land, designated land and scheduled lands

pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].

30AD Carrying out of development on designated land

(1)  The Minister may approve the following proposals—

(a)  the carrying out of development on designated land,

(b)  plans or specifications relating to the development.

(2)  The Minister’s approval must certify the Minister has consulted the following Ministers in relation to the proposals—

(a)  the Minister for the time being administering the Public Works and Procurement Act 1912,

(b)  the Minister for the time being administering the Environmental Planning and Assessment Act 1979.

(3)  This section is repealed at the beginning of the day that is 12 months after the commencement of this section.

pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].

30AE Application of certain laws to development on designated land

(1)  The excluded laws do not apply to the following—

(a)  the approval of the Minister to the carrying out of development approved by the Minister under section 30AD (the approved development),

(b)  the carrying out of the approved development by—

(i)  Venues NSW, or

(ii)  a person on behalf of, or with the authority of, Venues NSW,

(c)  the use of the approved development from time to time,

(d)  the designated land on which the approved development is carried out or used, or is proposed to be carried out or used.

(2)  In this section, excluded laws means—

(a)  the Environmental Planning and Assessment Act 1979, and

(b)  the Local Government Act 1993, and

(c)  an instrument in force made under the Acts.

pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].

30AF Additional uses allowed on scheduled lands

(1)  Subject to section 30AI, the scheduled lands may be used for purposes permitted on the lands by a State environmental planning policy.

(2)  A State environmental planning policy may not permit the use of scheduled lands for a purpose unless the use of the land for the purpose has been approved by the Minister.

(3)  Section 30AE does not prevent a provision being included in a State environmental planning policy that applies to designated land.

(4)  If a provision included in a State environmental planning policy applies to designated land, section 30AE ceases to apply to the part of the land except in relation to development or use of the land in accordance with an approval under section 30AD—

(a)  granted before the day on which the State environmental planning policy took effect, or

(b)  granted on or after the day on which the State environmental planning policy took effect in response to an application made by Venues NSW before the day.

(5)  This section—

(a)  does not affect a provision of a State environmental planning policy in force before the relevant day, and

(b)  affects a provision included in a State environmental planning policy after the relevant day only to the extent the provision relates to the scheduled lands.

(6)  In this section—

relevant day means the commencement day of the Sydney Cricket and Sports Ground Amendment Act 2006.

State environmental planning policy has the same meaning as in the Environmental Planning and Assessment Act 1979.

pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].

30AG Variation or cessation of agreements relating to scheduled lands

(1)  To enable work to be carried out in relation to the scheduled lands, the Minister may determine an agreement relating to the scheduled lands—

(a)  ceases to be binding on a party to the agreement, and

(b)  is varied to the extent the Minister deems equitable.

(2)  The Minister must not make a determination on an agreement before receiving a report from Venues NSW that recommends the alteration of the agreement.

(3)  Notice of the Minister’s determination must be given to the parties to the agreement in writing.

(4)  An agreement ceases to have effect or is varied—

(a)  in accordance with the terms of the Minister’s notice, and

(b)  from the date specified in the Minister’s notice.

(5)  In this section—

agreement includes a lease and a licence.

pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].

30AH Ancillary provisions relating to development and use of scheduled lands for additional purposes

(1)  The dedication of the scheduled lands for public recreation does not prevent or otherwise affect—

(a)  the use of any part of the scheduled lands for a permissible purpose, or

(b)  the grant of a lease or licence that permits or otherwise provides for its use for a permissible purpose.

(2)  To avoid doubt, a permissible purpose includes a purpose authorised by this Act for the purposes of section 2.12 of the Crown Land Management Act 2016 in its application to the scheduled lands.

(3)  In this section, permissible purpose, in relation to a part of the scheduled lands, means a purpose permitted on that part by a State environmental planning policy referred to in section 30AF.

pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].

30AI Certain uses of Venues NSW’s land restricted

(1)  Despite any other provision of this Act, any other Act or any instrument made under this or any other Act—

(a)  no part of Venues NSW’s land, other than controlled land, may be used for residential accommodation, and

(b)  no part of Venues NSW’s land, other than designated land, may be used for tourist and visitor accommodation.

(2)  In this section—

residential accommodation means a building or place used predominantly as a place of residence, but does not include tourist and visitor accommodation.

tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes hotel accommodation and serviced apartments.

pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].

30AJ No change to dedicated lands except by Act of Parliament

The dedication of the scheduled lands cannot be revoked, changed or abolished unless it is done by an Act of Parliament.

pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].

Division 3 Transfer of assets, rights and liabilities relating to Stadium Australia

pt 4, div 3 (ss 30A, 30B): Ins 2017 No 7, Sch 1 [1].

30A Transfer to Venues NSW of assets, rights and liabilities relating to Stadium Australia

(1)  The Minister may, by order in writing (a vesting order), transfer assets, rights and liabilities of any of the following persons to Venues NSW—

(a)  Stadium Holdings Pty Ltd (ACN 121 891 647),

(b)  Stadium Investments Pty Ltd (ACN 121 891 656),

(c)  Stadium Australia Management Limited (ACN 069 692 253),

(d)  Stadium Australia Operations Pty Ltd (ACN 126 222 099),

(e)  SAT trustee.

(2)  Clauses 4–7 of Schedule 3 apply in relation to the transfer of assets, rights or liabilities by a vesting order under this section in the same way as those clauses apply in relation to the transfer of assets, rights or liabilities by operation of Part 2 of that Schedule. For that purpose—

(a)  a reference in clause 4 to the transferor is to be read as a reference to the person or persons from whom the assets, rights or liabilities are transferred by the vesting order, and

(b)  a reference in clause 4 to the transferee is to be read as a reference to Venues NSW.

(3)  Without limiting subsection (2), any assets of SAT trustee that are vested in Venues NSW as a consequence of the transfer of those assets by a vesting order under this section are vested free of any equitable estates, interests, rights or obligations that attached to the assets immediately before that transfer.

(4)  A vesting order that varies the terms and conditions of any instrument or contract has effect according to its tenor.

(5)  In this section—

SAT trustee means Infrastructure Specialist Asset Management Limited (ACN 098 827 671) in its capacity as trustee of the Stadium Australia Trust.

Stadium Australia Trust means the trust established by the deed that was executed on 19 January 1996 by Australia Stadium 2000 Limited (ACN 069 458 279).

pt 4, div 3 (ss 30A, 30B): Ins 2017 No 7, Sch 1 [1].

30B Competition authorisations relating to transfer under section 30A

(1)  Conduct authorised or required by or under the provisions of any prescribed arrangement is specifically authorised by this Act for the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales.

(2)  Anything authorised to be done by this section is authorised only to the extent that it would otherwise contravene Part IV of the Competition and Consumer Act 2010 of the Commonwealth or the Competition Code of New South Wales.

(3)  In this section—

prescribed arrangement means any contract, arrangement or understanding to which Venues NSW is a party because of the operation of section 30A.

pt 4, div 3 (ss 30A, 30B): Ins 2017 No 7, Sch 1 [1].

Part 5

31–33  (Repealed)

pt 5 (ss 31–33): Rep 2020 No 29, Sch 1[15].

Part 6 Miscellaneous

33A (Repealed)

s 33A: Ins 2011 No 57, Sch 1 [8]. Rep 2020 No 29, Sch 1[16].

34 Use of Newcastle Showground land

(1)  The Authority is to allow the Association to use the Showground land for the Association’s annual show—

(a)  for such period and at such time during each year as may be agreed to between Venues NSW and the Association, and

(b)  free of rent or any fee, and

(c)  on such other terms and conditions as may be agreed to between Venues NSW and the Association (including, but not limited to, terms and conditions in respect of catering, parking and reimbursing Venues NSW for any costs arising from that use, such as, electricity, gas or water costs or the costs of the repair of damage caused to the Showground land).

(2)  In the absence of agreement between Venues NSW and the Association on any of the matters referred to in subsection (1), the Minister is to determine that matter and Venues NSW is to allow the Association to use the Showground land in accordance with the Minister’s determination.

(3)  A provision of any contract, lease or other arrangement relating to the Showground land that would prevent the use of the Showground land by the Association in accordance with this section has no effect to the extent that it would prevent that use.

(4)  The Minister may, by notice in writing to Venues NSW—

(a)  direct that subsection (3) does not apply to the provisions of a specified contract, lease or other arrangement, and

(b)  modify the obligations of Venues NSW under this section to ensure that those provisions can be complied with by Venues NSW.

(5)  In this section—

Association means the Newcastle Agricultural, Horticultural, and Industrial Association.

Showground land means the land in respect of which the Newcastle Showground and Exhibition Centre Trust was trustee immediately before the dissolution of the Trust by this Act.

s 34: Am 2011 No 57, Sch 1 [9]; 2020 No 29, Sch 1[17] [18].

35 Consent of Minister to certain matters

Any consent of the Minister required by this Act—

(a)  may be given generally or in a particular case or class of cases, and

(b)  may be subject to conditions, and

(c)  may be varied from time to time, and

(d)  may be withdrawn (but any such withdrawal of consent does not affect any disposition of or dealing with land or property made, or the subject of a binding agreement made, before the withdrawal).

36 No duty payable in relation to agreements, vestings or transfers under Act

Duty under the Duties Act 1997 is not chargeable for or in respect of—

(a)  a vesting or transfer effected under this Act or in accordance with arrangements entered into under this Act, or

(b)  anything certified by the Minister as having been done in consequence of such a vesting or transfer or under any such arrangements.

37 Rangers

(1)  The Chief Executive Officer may appoint a person employed by Venues NSW to be a ranger for the purposes of this Act.

(2)  A ranger may exercise such functions, and has the powers and duties, as are conferred on a ranger by this Act or the regulations.

(3)  The Chief Executive is to provide each ranger with an identification card.

(4)  An identification card is a card that—

(a)  states that it is issued under this Act, and

(b)  gives the name of the person to whom it is issued, and

(c)  describes the nature of the powers conferred, and

(d)  states the date (if any) on which it expires, and

(e)  is signed by the Chief Executive.

(5)  In the course of exercising the functions of a ranger under this Act, the ranger must, if requested to do so by a person affected by the exercise of any such function, produce the ranger’s identification card to the person.

(6)  The Chief Executive may delegate the exercise of any function of the Chief Executive under this section (other than this power of delegation) to a person employed in Venues NSW.

(7)  In this section—

Chief Executive means the Chief Executive of Venues NSW.

s 37: Am 2011 No 57, Sch 1 [10]; 2014 No 88, Sch 1.26 [6]–[8]; 2020 No 29, Sch 1[19]–[21].

38 Penalty notices

(1)  An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.

(2)  A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.

(3)  The Fines Act 1996 applies to a penalty notice issued under this section.

Note—

The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.

(4)  The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).

(5)  This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.

(6)  In this section, authorised officer means a police officer or a ranger.

s 38: Subst 2017 No 22, Sch 3.70.

39 Nature of proceedings for offences

Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.

s 39: Am 2009 No 106, Sch 4.28.

40 Regulations

(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—

(a)  the care, control and management of land and personal property vested in or managed by a sporting venues authority, and

(a1)  the protection of property, including buildings, structures and machinery, situated on the authority’s land, and

(a2)  the preservation or protection of trees or other vegetation on the authority’s land, and

(b)  the use of land vested in or managed by a sporting venues authority or of any specified part of it, and the regulation of its use and enjoyment or the use and enjoyment of any specified part of it, and

(c)  the admission of persons and classes of persons (whether or not as members) to land vested in or managed by a sporting venues authority or any specified part of it, including the determination of admission charges, membership fees or subscriptions and the collection and disposal of those amounts, and

(c1)  the admission to memberships that enable the access to, and use of, areas of Venues NSW’s land reserved for the use of members, including the determination of membership fees or subscriptions, and

(d)  the regulation or prohibition of admission of persons to land vested in or managed by a sporting venues authority or any specified part of it, including the imposition of conditions on any such admission, and

(e)  the removal of persons from land or any part of land vested in or managed by a sporting venues authority where those persons commit offences, fail to comply with conditions of entry or cause inconvenience to other persons, and

(f)  the regulation or prevention of the taking of liquor or other intoxicants on to, and the consumption of any such liquor or intoxicants on, land vested in or managed by a sporting venues authority or any specified part of it, and

(g)  the regulation, control or prohibition of parking of vehicles on land vested in or managed by a sporting venues authority or any specified part of it, the making of charges for any such parking and the collection and disposal of any such charges, and

(h)  the reservation of any portion of land vested in or managed by a sporting venues authority for such separate or exclusive uses as the regulations may prescribe or authorise, and

(h1)  the closing of lands, or a part of the lands, vested in or managed by a sporting venues authority, and the conditions that may apply to the closing of the lands or as a consequence of the closing of the lands, and

(i)  the regulation, control or prohibition of private trading on land vested in or managed by a sporting venues authority or any specified part of it.

(2)  A regulation may create an offence punishable by a penalty not exceeding 10 penalty units.

s 40: Am 2011 No 57, Sch 1 [11] [12]; 2020 No 29, Sch 1[22]–[24].

41 Savings, transitional and other provisions

Schedule 5 has effect.

42 (Repealed)

s 42: Rep 2008 No 114, Sch 4.

43 Review of Act

(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.

(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.

Schedule 1 Constitution and procedure of Board of Venues NSW

section 15

Part 1 Preliminary

1 Interpretation

In this Schedule—

Board means the Board of Venues NSW.

member means a member of the Board and includes a non-GSE member.

non-GSE member means a member of the Board appointed by the Minister under section 15(2)(a), (b) or (d).

Part 2 Constitution

2 Terms of office of members

(1)  Subject to this Schedule and the regulations, a non-GSE member of the Board—

(a)  holds office for the term, not exceeding 3 years, specified in the member’s instrument of appointment, and

(b)  is eligible, if otherwise qualified, for re-appointment.

(2)  A non-GSE member is not eligible to be a member of the Board for consecutive terms totalling more than 9 years.

3 Part-time appointments

Non-GSE members hold office as part-time members.

4 Remuneration

The Minister may, from time to time, determine in consultation with the Public Service Commissioner an amount of remuneration, including travelling and subsistence allowances, in respect of the office of non-GSE members.

5 Deputies

(1)  The Minister may—

(a)  from time to time, appoint a person to be the deputy of a non-GSE member, and

(b)  revoke the appointment at any time.

(2)  In the absence of a non-GSE member, the member’s deputy may, if available, act in the place of the member.

(3)  While acting in the place of the non-GSE member, a person has all the functions of the member and is taken to be a member.

(4)  For the purposes of this clause, a vacancy in the office of a non-GSE member is taken to be an absence of the member.

(5)  This clause does not operate to confer on the deputy of a non-GSE member who is the Chairperson the member’s functions as Chairperson.

6 Vacancy in office of member

(1)  The office of a member becomes vacant if the member—

(a)  dies, or

(b)  completes a term of office and is not re-appointed, or

(c)  resigns the office by instrument in writing addressed to the Minister, or

(d)  is nominated for election as a member of the Legislative Council or of the Legislative Assembly or as a member of a House of Parliament or a legislature of another State or Territory or of the Commonwealth, or

(e)  is absent from 3 consecutive meetings of the Board of which reasonable notice has been given to the member personally or by post, except on leave granted by the Minister or unless the member is excused by the Minister for having been absent from the meetings, or

(f)  becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit, or

(g)  becomes a mentally incapacitated person, or

(h)  is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or

(i)  is removed from office by the Minister under this clause.

(2)  The Minister may remove a member from office at any time.

7 Chairperson and Deputy Chairperson

(1)  The Chairperson or Deputy Chairperson vacates office as Chairperson or Deputy Chairperson if they—

(a)  are removed from the office by the Minister under this clause, or

(b)  resign the office by instrument in writing addressed to the Minister, or

(c)  cease to be a member of the Board.

(2)  The Minister may remove the Chairperson or Deputy Chairperson from office as Chairperson or Deputy Chairperson at any time.

8 Filling of vacancy in office of member

If the office of a member becomes vacant, a person is, subject to this Act and the regulations, to be appointed to fill the vacancy.

9 Casual vacancy in office of non-GSE member

(1)  A casual vacancy in the office of a non-GSE member is to be filled by a person appointed by the Minister.

(2)  The person who fills the casual vacancy holds office, subject to this Act, for the remainder of the term of the member who has vacated office.

(3)  In this clause, casual vacancy means a vacancy that occurs other than because of the completion of a term of office.

10 Disclosure of pecuniary interests

(1)  A member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose at a meeting of the Board—

(a)  that the member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at the meeting, and

(b)  the nature of that interest.

(2)  A member is not required to disclose an interest under subclause (1) if the interest does not appear to raise a conflict with the proper performance of the member’s duties in relation to consideration of the matter.

(3)  One or more of the following disclosures by a member at a meeting of the Board is a sufficient disclosure of the nature of the interest in any matter relating to a specified company or other body or to a specified person that may arise after the date of the disclosure and that is required to be disclosed under subclause (1)—

(a)  that the member is a member, or is in the employment, of that company or other body, or

(b)  that the member is a partner, or is in the employment, of that person, or

(c)  that the member has some other specified interest relating to that company or other body or that person.

(4)  Particulars of any disclosure made under this clause must be recorded by the Board in a book kept for the purpose and that book must be open at all reasonable hours for inspection by any person on payment of the fee determined by the Board.

(5)  After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Board otherwise determines—

(a)  be present during a deliberation of the Board with respect to the matter, or

(b)  take part in any decision of the Board with respect to the matter.

(6)  For the purposes of the making of a determination by the Board under subclause (5), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not—

(a)  be present during any deliberation of the Board for the purpose of making the determination, or

(b)  take part in the making by the Board of the determination.

(7)  A contravention of this clause does not invalidate any decision of the Board.

11 Effect of certain other Acts

(1)  The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a non-GSE member.

(2)  A provision made by or under another Act requiring a person who is the holder of a specified office under that Act to devote the whole of his or her time to the duties of that office, or prohibiting the person from engaging in employment outside the duties of that office, does not operate to disqualify a person from—

(a)  holding the specified office and also the office of a member under this Act, or

(b)  from accepting and retaining remuneration payable to the person under this Act as a member, if any.

12 Personal liability

(1)  A protected person is not personally subject to any liability for anything done—

(a)  in good faith, and

(b)  for the purpose of executing functions under this Act.

(2)  The liability instead attaches to the Crown.

(3)  In this clause—

done includes omitted to be done.

liability means civil liability and includes action, claim or demand.

protected person means—

(a)  the Board, or

(b)  a member of the Board, or

(c)  a person acting under the direction of the Board.

Part 3 Procedure

13 General procedure

Subject to this Act and the regulations, the Board may call and conduct meetings of the Board as it determines.

14 Quorum

The quorum for a Board meeting is a majority of its members for the time being.

15 Presiding member

(1)  The Chairperson presides at a Board meeting.

(2)  If the Chairperson is absent from a Board meeting, the Deputy Chairperson presides at the meeting.

(3)  If the Chairperson and the Deputy Chairperson are absent from a Board meeting, another member elected by the members present at the meeting presides at the meeting.

16 Voting

(1)  A decision supported by a majority of the votes cast at a Board meeting at which a quorum is present is the decision of the Board.

(2)  If there is an equality of votes at a Board meeting, the member presiding at the meeting also has a casting vote.

17 First meeting

The Minister may call the first meeting of the Board in the manner that the Chairperson thinks fit.

18 Transaction of business outside meetings or by telephone

(1)  The Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Board for the time being, and a resolution in writing approved in writing by a majority of the members is taken to be a decision of the Board made at a meeting of the Board.

(2)  The Board may, if it thinks fit, transact any of its business at a meeting at which members, or some members, participate by telephone or other electronic means, but only if any member who speaks on a matter before the meeting can be heard by the other members.

(3)  The Chairperson and each other member have the same voting rights as they have at an ordinary meeting of the Board for the purposes of—

(a)  the approval of a resolution under subclause (1), or

(b)  a meeting held in accordance with subclause (2).

(4)  A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Board.

(5)  Papers may be circulated among the members for the purposes of subclause (1) by electronic means.

sch 1: Am 2009 No 96, Sch 23 [1]; 2010 (108), cl 3; 2011 No 57, Sch 1 [13]. Subst 2020 No 29, Sch 1[25].

Schedule 2 Provisions relating to Chief Executive Officer of Venues NSW

section 16

1 Appointment of Chief Executive Officer of Venues NSW

(1)  The Chief Executive Officer of Venues NSW—

(a)  holds office for the term, not exceeding 5 years, specified in the instrument of appointment, and

(b)  is eligible, if otherwise qualified, for re-appointment.

(2)  A person is not eligible to be a Chief Executive Officer for consecutive terms totalling more than 10 years.

(3)  The office of Chief Executive Officer is a full-time office and the holder of the office is required to hold it on that basis.

2 Remuneration and allowances

(1)  The employment of the Chief Executive Officer is, subject to this Act and the regulations, to be governed by a contract of employment between the Chief Executive Officer and the Minister.

(2)  The office of Chief Executive Officer is a statutory office and the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to that office.

3 Vacancy in office

(1)  The office of Chief Executive Officer becomes vacant if the holder—

(a)  dies, or

(b)  completes a term of office and is not re-appointed, or

(c)  resigns the office by instrument in writing addressed to the Minister, or

(d)  is nominated for election as a member of the Legislative Council or of the Legislative Assembly or as a member of a House of Parliament or a legislature of another State or Territory or of the Commonwealth, or

(e)  becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the Chief Executive Officer’s creditors or makes an assignment of the Chief Executive Officer’s remuneration for their benefit, or

(f)  becomes a mentally incapacitated person, or

(g)  is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or

(h)  is removed from office under clause 4.

(2)  If the office of Chief Executive Officer becomes vacant, a person is, subject to this Act and the regulations, to be appointed to fill the vacancy.

4 Removal from office

The Minister may, in consultation with the Board of Venues NSW, remove the Chief Executive Officer from office at any time.

5 Acting Chief Executive Officer

(1)  The Minister may, from time to time, and in consultation with the Board of Venues NSW, appoint a person to act in the office of Chief Executive Officer during—

(a)  the illness or absence of the Chief Executive Officer, or

(b)  a vacancy in the office of Chief Executive Officer.

(2)  The Minister may remove a person from office as acting Chief Executive Officer at any time.

(3)  An acting Chief Executive Officer is entitled to be paid the remuneration, including travelling and subsistence allowances, as the Minister may from time to time determine.

sch 2: Am 2011 No 57, Sch 1 [14]; 2014 No 88, Sch 1.26 [9]. Subst 2020 No 29, Sch 1[25].

Schedule 3 Election of members of membership advisory committee by SCG Members

section 21E(3)(b)

Part 1 Preliminary

1 Definitions

In this Schedule—

close of nominations date means the date and time fixed by the Returning Officer for the close of nominations for an election.

election means an election, for the purposes of section 21E(3)(b), of persons to be appointed as members of the membership advisory committee constituted under section 21E(1)(a).

Returning Officer means the person appointed by Venues NSW to be the returning officer for an election.

voting SCG Member means a Member of the Sydney Cricket Ground who is of a class prescribed by the regulations.

2 Conduct of election

An election is to be carried out in accordance with this Schedule.

3 Returning Officer

(1)  Venues NSW is, by written instrument, to appoint a person as Returning Officer for the purposes of this Schedule.

(2)  The Electoral Commissioner for New South Wales (or the Commissioner’s delegate) may, if the Commissioner or delegate consents, be appointed as Returning Officer.

4 Voting entitlements

(1)  A voting SCG Member is entitled to vote in an election.

(2)  Voting in an election is voluntary.

(3)  If a voting SCG Member is an organisation, the voting rights of the Member may be exercised by a person authorised by the Member to vote on the Member’s behalf.

(4)  If a voting SCG Member is an organisation and holds more than one membership of a class prescribed in the regulations—

(a)  the voting SCG Member is entitled to one vote for each membership of the prescribed class held, and

(b)  the voting rights attached to each vote are to be exercised by a different person authorised by the voting SCG Member to vote on the voting SCG Member’s behalf.

Part 2 Notice of elections and nomination of candidates

5 Period for conducting election

(1)  As soon as practicable after it has been determined in accordance with this Act that an election is required, Venues NSW is to notify the Returning Officer of the determination.

(2)  An election is to be held no more than 90 days after the notification is given.

6 Notice of election

(1)  The Returning Officer is to cause a notice of an election—

(a)  to be published in the following—

(i)  the Gazette,

(ii)  at least one newspaper circulating generally throughout New South Wales, whether published in print or on a publicly accessible website,

(iii)  a prominent place on Venues NSW’s website, and

(b)  to be sent by email to all voting SCG Members who have consented to receive notices and other documents relating to their SCG membership by email.

(2)  The notice is to—

(a)  state that the election is to be held, and

(b)  fix the polling day for the election, and

(c)  invite nominations from voting SCG Members of candidates to fill the vacancies for elected members of the membership advisory committee, and

(d)  fix the close of nominations date, being a date—

(i)  at least 21 days after the giving of the notice, and

(ii)  at least 30 days before the polling day for the election, and

(e)  state the Returning Officer’s contact details for the purposes of the lodgment of nominations.

(3)  The notice must be given at least 60 days before the polling day for the election.

(4)  The Returning Officer may, by means of a further notice of the same kind, fix a later close of nominations date than that fixed by a previous notice for the election.

7 Nominations

(1)  A nomination of a candidate is to contain the following information—

(a)  the full name of the candidate,

(b)  the date of birth of the candidate,

(c)  the residential address of the candidate,

(d)  the membership card number of the candidate,

(e)  a statement, signed by the candidate, in which the candidate consents to—

(i)  the nomination, and

(ii)  the use of the information contained in the nomination for the purposes of compiling a candidate information sheet,

(f)  the full names, residential addresses, membership card numbers and signatures of at least 6 nominators, being voting SCG Members other than the candidate.

(2)  A nomination is to be in writing and may, if the Returning Officer specifies an email address for lodgment of nominations, be in the form of an electronic document sent to the email address.

(3)  A nomination is to be lodged with the Returning Officer before the close of nominations date.

(4)  A voting SCG Member may nominate no more than 2 candidates in an election.

8 No display of material supporting candidates

A person must not post up, exhibit or distribute on the scheduled lands material in support of a candidate’s candidature at an election.

Maximum penalty—1 penalty unit.

9 Uncontested elections

If, after the close of nominations date, the number of candidates nominated does not exceed the number of persons required for election, the Returning Officer is to declare the nominated candidates elected.

Part 3 Contested elections

10 When poll to be taken

If, after the close of nominations date, the number of candidates nominated exceeds the number of persons required for election, a poll is to be taken.

11 Preparation of roll

(1)  If a poll is to be taken, the Chief Executive Officer of Venues NSW, or the Chief Executive Officer’s delegate, is to certify a copy of the roll of all voting SCG Members and provide that copy to the Returning Officer.

(2)  The roll is to contain the following information about each voting SCG Member—

(a)  the full name of the Member,

(b)  the residential address of the Member or other postal address specified by the Member for the purpose of receiving notices and other documents relating to the Member’s SCG membership,

(c)  if the Member has consented to receiving notices and other documents relating to the Member’s SCG membership by email—the email address specified for that purpose.

(3)  The Returning Officer is to ensure that a copy of the roll is available for inspection free of charge by voting SCG Members.

(4)  A voting SCG Member is to notify the Returning Officer of administrative errors relating to the Member’s entry on the roll at least 14 days before the polling day for the election.

12 Preparation of candidate information sheet

(1)  If a poll is to be taken, the Returning Officer is to compile a candidate information sheet about each nominated candidate.

(2)  The candidate information sheet is to be based on—

(a)  information contained in the candidate’s nomination, and

(b)  further information voluntarily lodged by the candidate with the Returning Officer before the close of nominations date and intended for inclusion in the candidate information sheet.

(3)  Further information referred to in subclause (2)(b) is to be lodged as a statutory declaration in the form of the Eighth Schedule to the Oaths Act 1900, and may include the following—

(a)  the name of the candidate’s employer or, if self-employed, the candidate’s present position,

(b)  trade, academic or professional qualifications held by the candidate,

(c)  organisations of which the candidate is a member,

(d)  offices, other than employment, held by the candidate,

(e)  additional information relevant to the candidate’s candidature, being no more than 4 typewritten lines.

(4)  The Returning Officer may omit or rectify information, or reduce the length of information, from the candidate information sheet that the Returning Officer considers—

(a)  is not appropriate for inclusion in a candidate information sheet, or

(b)  is misleading in any material particular, or

(c)  is of a length greater than the length specified in subclause (3)(e).

(5)  The names of the candidates must be listed on the candidate information sheet in the same order as they are listed on the ballot paper for the election.

13 Preparation of ballot paper

The ballot paper must contain—

(a)  the full names of all candidates nominated for the election, arranged in an order determined by the Returning Officer by drawing lots, and

(b)  a box opposite and to the left of the name of each candidate.

14 Voting pack

(1)  If a poll is to be taken, the Returning Officer must provide a voting pack to each voting SCG Member at least 20 days before the polling day for the election.

(2)  The voting pack is to be provided—

(a)  to a voting SCG Member who has consented to receive notices and other documents relating to the Member’s SCG membership by email—by email to the email address specified for that purpose, and

(b)  to any other SCG Member—by post to the Member’s residential address or other postal address specified by the Member for the purpose of receiving notices and other documents relating to the Member’s SCG membership.

(3)  A voting pack provided by post is to include the following—

(a)  a ballot paper,

(b)  a candidate information sheet,

(c)  instructions for completing and lodging a ballot paper,

(d)  one prepaid envelope addressed to the Returning Officer that contains, on its rear flap, spaces for the insertion of a voting SCG Member’s name, address, signature and membership card number.

(4)  A voting pack provided electronically is to include the following—

(a)  a ballot paper,

(b)  a candidate information sheet,

(c)  instructions for completing and lodging a ballot paper.

(5)  The Returning Officer may, on written application made by a voting SCG Member, provide a duplicate voting pack to that Member if the Returning Officer is satisfied that the original voting pack has been lost or destroyed.

15 Voting pack instructions

(1)  A voting SCG Member who has received a voting pack may vote by completing and lodging a ballot paper in accordance with the instructions included in the voting pack.

(2)  The instructions for completing and lodging a ballot paper are to include the following information—

(a)  the polling day for the election,

(b)  instructions on how to cast a valid vote by prepaid envelope,

(c)  instructions on how to cast a valid vote electronically,

(d)  information about the preferential system applicable to the election,

(e)  any other information relating to the conduct of the election that the Returning Officer considers appropriate to include.

(3)  The instructions on how to cast a valid vote by prepaid envelope are to include the following further information—

(a)  instructions on how a voting SCG Member whose voting pack was provided electronically may obtain a prepaid envelope,

(b)  a statement that a ballot paper may be lodged, as an alternative to posting the ballot paper, by depositing the ballot paper in a sealed ballot box provided for that purpose at the office of Venues NSW.

(4)  The instructions on how to cast a valid vote electronically are to include the following further information—

(a)  the internet address of the voting website,

(b)  the information, including any applicable password, that a voting SCG Member will require to access the voting website.

16 Electronic voting procedures

The voting website must provide a warning message to a voting SCG Member if there are errors on a ballot paper that the Member attempts to lodge electronically.

17 Death of candidate

(1)  If a candidate dies after the close of nominations date and before the polling day, the election is taken to have wholly failed and the Returning Officer is to proceed to give notice of a fresh election in accordance with clause 6.

(2)  If a candidate dies on or after the polling day, but before the Returning Officer advises the Chief Executive Officer and the Minister of the result of the election under clause 24, and the candidate—

(a)  is not elected—the candidate’s preferences are to be distributed in accordance with clause 22, or

(b)  is elected—the candidate who obtained the next highest number of votes is to be declared elected in place of the deceased candidate, or

(c)  is elected with the highest number of votes and the election was for the purpose of electing 2 candidates—the candidate who scored the third highest number of votes is to be declared elected in place of the candidate who scored the second highest number of votes.

Part 4 Election results

18 Scrutineers

(1)  A candidate may appoint, in writing, a scrutineer to represent that candidate.

(2)  Scrutineers may be present during the inspection of prepaid envelopes, the initial scrutiny of ballot papers and the counting of votes.

(3)  A candidate may not act as a scrutineer.

19 Inspection of prepaid envelopes

(1)  The Returning Officer is to ensure that all prepaid envelopes purporting to contain ballot papers that are received before the polling day for an election are stored securely until they are inspected.

(2)  On the polling day, the Returning Officer is to inspect each prepaid envelope and reject the envelope if—

(a)  the envelope does not have legibly marked on its rear flap the name, address, signature and membership card number that appear to the Returning Officer to be of a voting SCG Member, or

(b)  the envelope is not sealed.

20 Initial scrutiny of ballot papers

(1)  On the polling day, the Returning Officer is to—

(a)  examine the contents of all prepaid envelopes that were not rejected under clause 19 and all ballot papers that were lodged by deposit in a sealed ballot box in accordance with clause 15(3), and

(b)  review all ballot papers that were lodged electronically, and

(c)  reject as informal any ballot papers that, in the Returning Officer’s opinion, do not comply with the applicable instructions for casting a valid vote.

(2)  Without limiting subclause (1)(c), the Returning Officer is to reject as informal any ballot paper—

(a)  in an election for the purpose of electing 2 candidates—if it does not have votes for 2 or more candidates indicated on it, or

(b)  in an election for the purpose of electing 1 candidate—if it does not have a vote for 1 or more candidates indicated on it.

(3)  If, in the Returning Officer’s opinion, a person’s voting intention is clearly indicated on the voting SCG Member’s ballot paper, the Returning Officer is not to reject the ballot paper merely because the ballot paper contains an unnecessary mark.

(4)  The Returning Officer’s determination of the formality or informality of a ballot paper is final.

21 Counting of votes

Following the initial scrutiny carried out under clause 20, the Returning Officer is to—

(a)  count the votes recorded for each candidate on all ballot papers that were not rejected as informal in accordance with the preferential system applicable to the election, and

(b)  count the informal ballot papers, and

(c)  ascertain the results of the count, and

(d)  inform the persons present of the result of the count.

22 Preferential system

(1)  Ballot papers are to be counted by the Returning Officer—

(a)  in an election for the purpose of electing 2 candidates—according to a multi-preferential system in which preferences 1 and 2 are regarded as primary votes and the remaining recorded preferences, if any, are regarded as secondary votes, or

(b)  in an election for the purpose of electing 1 candidate—according to a preferential system in which preference 1 is regarded as a primary vote and the remaining recorded preferences, if any, are regarded as secondary votes.

(2)  All preferences recorded on ballot papers are fully transferable.

(3)  A determination by the Returning Officer relating to the manner in which an election is to be conducted is final.

23 Election not invalid despite certain omissions

An election is not invalid merely because—

(a)  a voting SCG Member whose name was on the roll prepared for the election did not receive a voting pack, or

(b)  the Returning Officer did not receive a ballot paper lodged by prepaid envelope and sent to the Returning Officer before the polling day for the election.

24 Advice of election result

The Returning Officer is to advise the Chief Executive Officer and the Minister of the result of the election within 7 days after the polling day.

sch 3: Subst 2020 No 29, Sch 1[25].

Schedule 4 Land to be vested in sporting venues authorities

(Sections 22, 23, 24)

Schedule 4A Venues NSW’s land

section 3(1)

Part 1 Scheduled lands

Division 1 Cricket and Sports Ground

All that piece or parcel of land containing 11.208 hectares situate at Paddington in the City of Sydney Parish of Alexandria County of Cumberland and being Portions 1528 and 1530 of that Parish.

Division 2 Driver Avenue (etc) land

All that piece or parcel of land containing 5851 square metres situate at Paddington in the City of Sydney Parish of Alexandria County of Cumberland and being Portion 1529 of that Parish.

Division 3 Army Engineers Depot, Moore Park

All that piece or parcel of land situated at Moore Park in the Parish of Alexandria and County of Cumberland containing 3.685 hectares, and being Lot 1 in Deposited Plan No 205794 and formerly being the whole of the land in Certificate of Title Volume 9079 Folio 56 but now being Crown land.

Part 2 Designated land

All that piece or parcel of land situated in the Parish of Alexandria County of Cumberland comprising Portion 1528, part of Portion 1530 and part of Lot 1 Deposited Plan 205794: commencing on the eastern side of Driver Avenue at its intersection with the northern side of a right of way shown in Sydney County Council Plan of Survey dated 27 August 1980 File Number S6343; and bounded thence on the west, southwest and northwest by the eastern, northeastern and southeastern sides of Driver Avenue bearing successively 356 degrees 20 seconds 165.48 metres, 355 degrees 36 minutes 68.37 metres, 308 degrees 41 minutes 114.89 metres, 322 degrees 20 minutes 20.115 metres, 346 degrees 20 minutes 20.115 metres, 4 degrees 50 minutes 20.115 metres and 18 degrees 20 minutes 75.74 metres to the intersection of the southeastern side of Driver Avenue with the southwestern side of Moore Park Road; on the northeast by the southwestern side of Moore Park Road bearing successively 103 degrees 22 minutes 30 seconds 50.27 metres, 106 degrees 8 minutes 95.72 metres, 110 degrees 16 minutes 30 seconds 60.13 metres, 113 degrees 4 minutes 27.62 metres, 113 degrees 30 minutes 22.53 metres, 114 degrees 32 minutes 7.15 metres, 115 degrees 40 seconds 21.54 metres, 116 degrees 34 minutes 20 seconds 21.33 metres, 117 degrees 44 minutes 30 seconds 18.18 metres, 119 degrees 56 minutes 20.45 metres, 121 degrees 56 minutes 40 seconds 32.105 metres, 123 degrees 41 minutes 18.3 metres, 125 degrees 29 minutes 30 seconds 22.755 metres, 126 degrees 51 minutes 30 seconds 15.405 metres, 125 degrees 23 minutes 13.72 metres and 122 degrees 24 minutes 19.065 metres to the northeastern corner of the land occupied, as at the date of assent to the Sydney Cricket and Sports Ground (Amendment) Act 1985, by the Department of the Army; on the southeast by a fenced line on the northwestern side of the bitumen sealed access walkway to the Sydney Showground bearing 217 degrees 37 minutes 40 seconds 144.4 metres to the corner of brick garages; along the southeastern face of those brick garages bearing successively 217 degrees 25 minutes 30 seconds 34.65 metres to the angle in the southeastern wall of the garages and a line bearing 231 degrees 46 minutes 30 seconds 39.91 metres; on the south by the southern face of a brick building and prolongation thereof bearing 262 degrees 27 minutes 14.23 metres and a line bearing 262 degrees 55 minutes 40 seconds 10.415 metres to the southeastern corner of the brick wall around the tennis courts, along the southern face of that brick wall to its southwestern corner bearing 262 degrees 12 minutes 30 seconds 37.77 metres and a line bearing 243 degrees 28 minutes 15.465 metres to the northern side of the Sydney County Council right of way aforesaid; generally on the southeast by lines along the generally northwestern sides of the right of way aforesaid bearing 265 degrees 52 minutes 5.8 metres, 262 degrees 29 minutes 7.16 metres, 259 degrees 21 minutes 6.875 metres, 256 degrees 28 minutes 6.955 metres, 253 degrees 1 minute 6.95 metres, 250 degrees 24 minutes 6.81 metres, 246 degrees 11 minutes 11.685 metres, 191 degrees 16 minutes 15.97 metres, 234 degrees 33 minutes 59.24 metres and 266 degrees 7.08 metres to the point of commencement and containing in all an area of 9.832 hectares or thereabout.

Part 3 Controlled land

All that piece or parcel of land situated in the Parish of Alexandria County of Cumberland comprising part of Portion 1528 and part of Portion 1530 being part of the land in Schedule 2A: commencing on the southeastern side of Driver Avenue at its intersection with the southwestern side of Moore Park Road bounded thence on the northeast by the southwestern side of Moore Park Road bearing successively 102 degrees 6 minutes 50.27 metres, 104 degrees 51 minutes 30 seconds 95.72 metres, 109 degrees 60.13 metres and 111 degrees 47 minutes 30 seconds 23.475 metres to the intersection of the southwestern side of Moore Park Road with the northeastern face of a concrete kerb; on the northeast by the northeastern face of a concrete kerb and the prolongation thereof bearing 161 degrees 29 minutes 30 seconds 34.945 metres to the corner of a concrete pavement; on the southeast by a line joining the corner of a concrete pavement to the northeastern corner of a brick wall bearing 246 degrees 23 minutes 20 seconds 19.1 metres; along the southeastern face of a brick wall bearing successively 243 degrees 40 minutes 2.275 metres, 238 degrees 34 minutes 9.515 metres and 233 degrees 19 minutes 5.36 metres to the southeastern corner of a brick wall; by a line joining the southeastern corner of a brick wall to the northeastern corner of a brick wall bearing 230 degrees 52 minutes 10.745 metres; along the southeastern face of a brick wall bearing successively 229 degrees 10 minutes 4.965 metres and 222 degrees 22 minutes 3.77 metres; by a line joining the southeastern corner of a brick wall to the northeastern corner of a brick wall bearing 222 degrees 11 minutes 2.305 metres; along the southeastern face of a brick wall bearing 222 degrees 24 minutes 14.915 metres; by a line joining the southeastern corner of a brick wall to the northeastern corner of a concrete kerb bearing 209 degrees 55 minutes 7.16 metres; along the southeastern face of a concrete kerb bearing successively 209 degrees 27 minutes 12.315 metres, 202 degrees 37 minutes 11.73 metres, 200 degrees 19 minutes 9.26 metres and 192 degrees 25 minutes 8.805 metres; along the southeastern face of a brick wall bearing 189 degrees 13 minutes 2.62 metres; on the south by the southern face of a brick wall bearing 277 degrees 45 minutes 4.53 metres; on the southeast by the southeastern face of a timber retaining wall bearing 252 degrees 25 minutes 4.03 metres; on the east by the eastern edge of a concrete dish drain bearing 186 degrees 36 minutes 14.26 metres; on the south by the southern face of a concrete kerb bearing 273 degrees 34 minutes 10 seconds 58.155 metres to the intersection of the kerb and the eastern side of Driver Avenue; on the southwest, west and northwest by the northeastern, eastern and southeastern sides of Driver Avenue bearing successively 307 degrees 24 minutes 30 seconds 114.89 metres, 321 degrees 3 minutes 30 seconds 20.115 metres, 345 degrees 3 minutes 30 seconds 20.115 metres, 3 degrees 33 minutes 30 seconds 20.115 metres and 17 degrees 3 minutes 30 seconds 75.74 metres to the point of commencement and containing in all an area of 3.2 hectares or thereabout.

Part 4 Venues

Illawarra Region

Lot 143 in Deposited Plan 786508

Lot 1 in Deposited Plan 1091530

Lot 6 in Deposited Plan 1091530

Lot 7 in Deposited Plan 1091530

Lot 96 in Deposited Plan 751299

Lot 101 in Deposited Plan 872951

Newcastle Region

Lot 31 in Deposited Plan 1091407

Lot 32 in Deposited Plan 1091407

Lot 3238 in Deposited Plan 1013870

Lot 3239 in Deposited Plan 1013870

Lot 3241 in Deposited Plan 1013870

Lot 3242 in Deposited Plan 1013870

Lot 3243 in Deposited Plan 1013870

Lot 3244 in Deposited Plan 1013870

Lot 3245 in Deposited Plan 1013870

Lot 3235 in Deposited Plan 821124

Lot 7322 in Deposited Plan 1159253

Lot 3236 in Deposited Plan 821124

Lot 3284 in Deposited Plan 1049501

Lot 7302 in Deposited Plan 1143612

Lot 7303 in Deposited Plan 1143612

Lot 2498 in Deposited Plan 755247

Lot 2583 in Deposited Plan 755247

Lot A in Deposited Plan 186497

Parramatta Region

Lot 963 in Deposited Plan 42643

sch 4A: Ins 2020 No 29, Sch 1[26].

Schedule 5 Savings, transitional and other provisions

(Section 41)

Part 1 General

1 Regulations

(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—

this Act

Public Sector Restructure (Miscellaneous Acts Amendments) Act 2009

Sporting Venues Authorities Amendment (Venues NSW) Act 2011

any other Act that amends this Act

(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—

(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 Provisions consequent on enactment of this Act

2 Definitions

In this Part, former Trust means—

(a)  the Newcastle International Sports Centre Trust, or

(b)  the Newcastle Showground and Exhibition Centre Trust.

3 State Sporting Venues Authority

The State Sporting Venues Authority is a continuation of, and the same legal entity as, the corporation sole with the corporate name “Minister administering the Sporting Venues Management Act 2002” incorporated by that Act.

4 Dissolution of former Trusts

(1)  The Newcastle International Sports Centre Trust is dissolved.

(2)  The Newcastle Showground and Exhibition Centre Trust is dissolved.

(3)  On the dissolution of a former Trust, each person who was a trustee of the Trust immediately before its dissolution ceases to hold office as such. No compensation is payable to any such person as the result of the operation of this subclause.

5 Transfer of assets, rights and liabilities of former Trusts

(1)  In this clause—

transferor, in relation to the transfer of an asset, right or liability by or under this clause, means the former Trust from which the asset, right or liability is transferred.

(2)  On the commencement of this clause, the assets, rights or liabilities of a former Trust are transferred to the Hunter Region Sporting Venues Authority.

(3)  When any asset, right or liability is transferred by operation of this clause, the following provisions have effect with respect to the transfer—

(a)  the assets of the transferor vest in the Hunter Region Sporting Venues Authority by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,

(b)  the rights and liabilities of the transferor become by virtue of this clause the rights and liabilities of the Hunter Region Sporting Venues Authority,

(c)  all proceedings relating to the assets, rights or liabilities commenced before the transfer by or on behalf of, or against, the transferor and pending immediately before the transfer are taken to be proceedings pending by or against the Hunter Region Sporting Venues Authority,

(d)  any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Hunter Region Sporting Venues Authority,

(e)  a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent that it relates to those assets, rights or liabilities but subject to the regulations), to be read as, or as including, a reference to the Hunter Region Sporting Venues Authority.

(4)  The operation of this clause is not to be regarded—

(a)  as a breach of contract or confidence or otherwise as a civil wrong, or

(b)  as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

(c)  as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or

(d)  as an event of default under any contract or other instrument.

(5)  No attornment to the transferee by a lessee from a transferor is required.

(6)  For all purposes, a former Trust is taken to have had a fee simple, immediately before the commencement of this clause, in land in respect of which it was a reserve trust under the Crown Lands Act 1989 immediately before that commencement.

(7)  Subclause (6) has effect despite any provision of the Crown Lands Act 1989 and, in particular, section 100 of that Act.

6 Confirmation of vesting

(1)  The Minister may, by notice in writing, confirm a transfer of particular assets, rights or liabilities by operation of this Part.

(2)  Such a notice is conclusive evidence of that transfer.

7 Previous grants, reservation or dedications

Land of a former Trust transferred by operation of this Act is transferred free of any reservation, grant or dedication to which the land was subject under any Act or law.

8 Newcastle Agricultural, Horticultural, and Industrial Association

No compensation is payable to or in respect of the Newcastle Agricultural, Horticultural, and Industrial Association as the result of the operation of this Act.

9 Establishment of club within the Centre

(1)  The club established under section 9 of the Newcastle International Sports Centre Act 1967 may continue as a registered club and may be operated and managed by the Hunter Region Sporting Venues Authority.

(2)  For the purposes of the Registered Clubs Act 1976, the Hunter Region Sporting Venues Authority—

(a)  is taken to be the governing body of the club responsible for the management of the business and affairs of the club, and

(b)  is taken to have been elected annually by the full members of the club.

(3)  Subclause (2) is taken to be a rule of the club for the purposes of the Registered Clubs Act 1976.

(4)  Subject to this Act, the Hunter Region Sporting Venues Authority may make rules for the conduct and management of the club and may amend or revoke any such rules.

(5)  Any rules made under section 9 of the Newcastle International Sports Centre Act 1967 and in force immediately before the repeal of that section are taken to have been made by the Hunter Region Sporting Venues Authority under this clause and may be revoked or amended accordingly.

Part 3 Provisions consequent on enactment of Public Sector Restructure (Miscellaneous Acts Amendments) Act 2009

10 Definitions

In this Part—

former Trust means the Wollongong Sportsground Trust.

new Authority means the Illawarra Region Sporting Venues Authority.

11 Repeal of Act

The Wollongong Sportsground Act 1986 is repealed.

12 Dissolution of former Trust

(1)  The Wollongong Sportsground Trust is dissolved.

(2)  On the dissolution of the former Trust, each person who was a member of the Trust immediately before its dissolution ceases to hold office as such. No compensation is payable to any such person as the result of the operation of this subclause.

13 Transfer of assets, rights and liabilities of former Trust

(1)  On the date of commencement of this clause, the following provisions have effect—

(a)  the assets of the former Trust vest in the new Authority by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,

(b)  the rights and liabilities of the former Trust become by virtue of this clause the rights and liabilities of the new Authority,

(c)  all proceedings relating to those assets, rights or liabilities commenced before that date by or on behalf of, or against, the former Trust and pending immediately before the transfer are taken to be proceedings pending by or against the new Authority,

(d)  any act, matter or thing done or omitted to be done in relation to those assets, rights or liabilities before that date by, to or in respect of the former Trust is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the new Authority,

(e)  the new Authority has all the entitlements and obligation of the former Trust in relation to those assets, rights and liabilities that the former Trust would have had but for this clause, whether or not the entitlements and obligations were actual or potential on the commencement of this clause,

(f)  a reference in any Act, in any instrument made under any Act or in any document of any kind to the former Trust or a predecessor of the former Trust is (to the extent that it relates to those assets, rights or liabilities but subject to the regulations) to be read as, or as including, a reference to the new Authority.

(2)  The operation of this clause is not to be regarded—

(a)  as a breach of contract or confidence or otherwise as a civil wrong, or

(b)  as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

(c)  as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or

(d)  as an event of default under any contract or other instrument.

(3)  No attornment to the transferee by a lessee from the former Trust is required.

Part 4 Provisions consequent on enactment of Sporting Venues Authorities Amendment (Venues NSW) Act 2011

14 Dissolution of Parramatta Stadium Trust

(1)  The Parramatta Stadium Trust is dissolved.

(2)  Each person who was a member of the Trust immediately before its dissolution ceases to hold office as such. No compensation is payable to any such person as the result of the operation of this subclause.

15 Dissolution of regional sporting venues authorities

(1)  Hunter Region Sporting Venues Authority and Illawarra Venues Authority are dissolved.

(2)  Each person who was a member of a board of management for either of those regional sporting venues authorities immediately before its dissolution ceases to hold office as such. No compensation is payable to any such person as the result of the operation of this subclause.

16 Transfer of assets, rights and liabilities

(1)  In this clause—

former body means the following—

(a)  Hunter Region Sporting Venues Authority,

(b)  Illawarra Venues Authority,

(c)  Parramatta Stadium Trust.

(2)  On the date of commencement of this clause, the following provisions have effect—

(a)  the assets of each former body vest in Venues NSW by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,

(b)  the rights and liabilities of each former body become by virtue of this clause the rights and liabilities of Venues NSW,

(c)  all proceedings relating to those assets, rights or liabilities commenced before that date by or on behalf of, or against, each former body and pending immediately before the transfer are taken to be proceedings pending by or against Venues NSW,

(d)  any act, matter or thing done or omitted to be done in relation to those assets, rights or liabilities before that date by, to or in respect of each former body is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of Venues NSW,

(e)  Venues NSW has all the entitlements and obligations of each former body in relation to those assets, rights and liabilities that the former body would have had but for this clause, whether or not the entitlements and obligations were actual or potential on the commencement of this clause,

(f)  a reference in any Act, in any instrument made under any Act or in any document of any kind to any former body or a predecessor of any former body is (to the extent that it relates to those assets, rights or liabilities but subject to the regulations) to be read as, or as including, a reference to Venues NSW.

(3)  The operation of this clause is not to be regarded—

(a)  as a breach of contract or confidence or otherwise as a civil wrong, or

(b)  as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

(c)  as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or

(d)  as an event of default under any contract or other instrument.

(4)  No attornment to the transferee by a lessee from any former body is required.

(5)  For all purposes, a former body is taken to have had a fee simple, immediately before the commencement of this clause, in land in respect of which it was a reserve trust under the Crown Lands Act 1989 immediately before that commencement.

(6)  Subclause (5) has effect despite any provision of the Crown Lands Act 1989 and, in particular, section 100 of that Act.

(7)  Land of a former body transferred by operation of this clause is transferred free of any reservation, grant or dedication to which the land was subject under any Act or law.

17 Confirmation of vesting

(1)  The Minister may, by notice in writing, confirm a transfer of particular assets, rights or liabilities by operation of this Part.

(2)  Such a notice is conclusive evidence of that transfer.

18 Local Venues Councils

(1)  The following advisory committees are taken to be established by the Minister under section 33A (2) with the following functions—

(a)  Hunter Local Venues Council—to provide advice to Venues NSW in relation to the authority’s sporting venues in the Hunter Region,

(b)  Illawarra Local Venues Council—to provide advice to Venues NSW in relation to the authority’s sporting venues in the Illawarra Region,

(c)  Western Sydney Local Venues Council—to provide advice to Venues NSW in relation to the authority’s sporting venues in Western Sydney.

(2)  The Minister is, under section 33A, to appoint at least 3 and no more than 7 members to each of these committees within 3 months after the commencement of this clause.

(3)  Section 33A (including section 33A (5)) applies to a committee established under this clause in the same way as it applies to a committee established under that section.

Part 5 Provisions consequent on enactment of Sporting Venues Authorities Amendment Act 2017

19 Regulations consequent on making of vesting order

(1)  The regulations may contain provisions of a savings or transitional nature consequent on the making of a vesting order under section 30A.

(2)  A provision referred to in subclause (1) that relates to a particular vesting order may, if the regulations so provide, take effect as from the date of the order or a later day.

(3)  To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—

(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

(4)  A provision referred to in subclause (1) has, if the regulations so provide, effect despite section 30A.

20 Preservation of rights of members of Stadium Australia Club Limited

(1)  In this clause—

Stadium Australia means the land comprised in Lots 4000 and 4001, DP 1004512.

vesting day means the day on which the assets, rights and liabilities as lessee and sub-lessor of Stadium Australia are transferred to Venues NSW by a vesting order under section 30A.

(2)  On and after the vesting day, a reference in the following documents to the termination of any sub-lease under which Stadium Australia is sub-let to Stadium Australia Management Limited (ACN 069 692 253) is to be read as a reference to the termination of the lease between the Sydney Olympic Park Authority and Venues NSW of Stadium Australia—

(a)  the constitution of Stadium Australia Club Limited (ACN 083 753 637),

(b)  the agreement that, immediately before the vesting day, was in force between Stadium Australia Club Limited and Stadium Australia Management Limited, and made on 21 December 1998.

(3)  This clause is subject to any amendment made to the constitution or agreement on or after the vesting day.

Part 6 Provisions consequent on enactment of Sporting Venues Authorities Amendment (Venues NSW) Act 2020

Division 1 Introduction

21 Interpretation

(1)  In this Part—

amending Act means the Sporting Venues Authorities Amendment (Venues NSW) Act 2020.

existing Venues NSW—see clause 24.

instrument means an instrument, except this Act or an instrument made under this Act, or any other document that creates, modifies or extinguishes rights or liabilities, or would do so if lodged, filed or registered in accordance with any law, and includes any judgment, order, process or other instrument issued by a court or tribunal.

Local Venues Council means an advisory committee that was, under clause 18(1) of this Schedule, taken to be established by the Minister under section 33A(2) as in force before the repeal day.

reconstituted Venues NSW—see clause 24.

repeal day means the day on which the Sydney Cricket and Sports Ground Act 1978 is repealed by this Act.

Sydney Cricket and Sports Ground Trust means the Sydney Cricket and Sports Ground Trust constituted by the Sydney Cricket and Sports Ground Act 1978 before its repeal.

(2)  If this Act provides for an event or other thing to occur on a particular day, that event or thing is taken to occur at the beginning of the day.

Division 2 Dissolution or reconstitution of certain bodies

22 Dissolution of Sydney Cricket Ground Trust

(1)  On and from the repeal day—

(a)  the Sydney Cricket and Sports Ground Trust is dissolved, and

(b)  the Trust’s assets, rights and liabilities immediately before its dissolution are transferred to reconstituted Venues NSW.

(2)  Division 4 applies to a transfer of assets, rights and liabilities under this clause.

23 Dissolution of Local Venues Council

(1)  On and from the repeal day—

(a)  each Local Venues Council is dissolved, and

(b)  the Council’s assets, rights and liabilities immediately before its dissolution are transferred to reconstituted Venues NSW.

(2)  Division 4 applies to a transfer of assets, rights and liabilities under this clause.

24 Reconstitution of Venues NSW

(1)  On and from repeal day—

(a)  Venues NSW as in existence immediately before the repeal day (existing Venues NSW) is taken to have been reconstituted by section 12 of this Act, as inserted by the amending Act, as a corporation with the same name (reconstituted Venues NSW), and

(b)  the board of management of existing Venues NSW is dissolved.

(2)  Reconstituted Venues NSW is taken for all purposes, including the rules of private international law, to be a continuation of, and the same legal entity as, the existing Venues NSW.

Note—

As a result of this subclause, reconstituted Venues NSW retains all the assets, rights and liabilities of existing Venues NSW.

Division 3 Members of dissolved or reconstituted bodies

25 Abolition of certain offices

(1)  Each of the following offices are abolished (an abolished office) on and from the repeal day—

(a)  member of the Sydney Cricket Ground Trust,

(b)  member of the board of management of existing Venues NSW,

(c)  member of a Local Venues Council.

(2)  Accordingly, a person who held an abolished office immediately before its abolition ceases to hold the office on and from the repeal day.

(3)  A person who ceases to hold an abolished office because of this clause—

(a)  is not entitled to any remuneration or compensation because of the loss of the office, and

(b)  is eligible, if qualified, to be appointed as a member of the Board of reconstituted Venues NSW.

(4)  Section 21E requires reconstituted Venues NSW to invite persons mentioned in subclause (1)(a) or (b) to become members of a membership advisory committee if they are not appointed members of the Board of reconstituted Venues NSW.

(5)  A person invited to be a member of a membership advisory committee—

(a)  is taken to be appointed for the balance of the term for which the person was appointed to the abolished office, and

(b)  is entitled, despite section 21C(3), to payment of the remuneration and allowances, if any, determined by the Minister during the period.

Division 4 Transfers of assets, rights and liabilities

26 Application

This Division applies to the transfer of assets, rights or liabilities made by another provision of this Part if the provision provides for this Division to apply.

27 Interpretation

In this Division, the person or body from which any assets, rights or liabilities are transferred is called the transferor and the person or body to which they are transferred is called the transferee.

28 Vesting in transferee

(1)  When any assets, rights or liabilities are transferred by a transfer to which this Division applies, the following provisions have effect—

(a)  the assets of the transferor vest in the transferee by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,

(b)  the rights or liabilities of the transferor become by virtue of this Division the rights or liabilities of the transferee,

(c)  all proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the transferor or a predecessor of the transferor and pending immediately before the transfer are taken to be proceedings pending by or against the transferee,

(d)  any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the transferor or a predecessor of the transferor is, to the extent to which that act, matter or thing has any force or effect, taken to have been done or omitted by, to or in respect of the transferee,

(e)  the transferee has all the entitlements and obligations of the transferor in relation to the assets, rights and liabilities that the transferor would have had but for the transfer, whether or not the entitlements and obligations were actual or potential at the time the transfer took effect,

(f)  a reference in any Act, in any instrument made under any Act or in any document of any kind to—

(i)  the transferor, or

(ii)  any predecessor of the transferor,

to the extent to which the reference relates to the assets, rights or liabilities, is taken to be, or include, a reference to the transferee.

(2)  The operation of this Division is not to be regarded as—

(a)  a breach of contract or confidence or otherwise as a civil wrong, or

(b)  a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

(c)  giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or

(d)  an event of default under any contract or other instrument.

(3)  No attornment to the transferee by a lessee from the transferor is required.

29 No compensation payable

No compensation is payable to any person or body in connection with a transfer to which this Division applies.

30 Date of vesting

A transfer of assets, rights or liabilities to which this Division applies takes effect on the day specified by the provision of this Part that gives rise to the transfer.

31 State taxes not chargeable

(1)  State tax is not payable in relation to—

(a)  an exempt matter, or

(b)  anything done because of, or for a purpose connected with or arising out of, an exempt matter.

(2)  In this clause—

exempt matter means any of the following—

(a)  the transfer of any assets, rights or liabilities by operation of this Division, including, without limitation, any instrument executed only for a purpose ancillary to or consequential on the operation of this Division,

(b)  anything certified by the Minister in writing as having been done in consequence of the transfer, for example, the transfer or registration of an interest in land.

State tax means application or registration fees, duty or any other tax, fee or charge imposed by any legislation or other law of the State.

32 Confirmation of vesting

(1)  The Minister may, by written notice, confirm a transfer of particular assets, rights or liabilities by operation of this Part.

(2)  The notice is conclusive evidence of that transfer.

Division 5 Regulatory authorisations

33 Transfer of certain regulatory authorisations

(1)  This clause applies to a regulatory authorisation held by or on behalf of the Sydney Cricket Ground Trust or a Local Venues Council (an existing regulatory authorisation).

(2)  An existing regulatory authorisation becomes a regulatory authorisation of reconstituted Venues NSW (the transferred regulatory authorisation) on and from the repeal day for the purposes of the Act or statutory rule (the relevant State legislation) under which the existing regulatory authorisation was issued.

(3)  The provisions of the relevant State legislation apply to reconstituted Venues NSW in relation to a transferred regulatory authorisation, subject to any modifications prescribed by the regulations.

(4)  The Minister must not recommend the making of a regulation for the purposes of subclause (3) unless the Minister administering the Act or statutory rule proposed to be modified has consented to the modification concerned.

(5)  A person or body (a regulatory body) that has the function under the relevant State legislation of issuing regulatory authorisations of the same kind as a transferred regulatory authorisation must, at the request of reconstituted Venues NSW, re-issue the transferred regulatory authorisation in the name of reconstituted Venues NSW with substantially the same terms, conditions and endorsements as the transferred regulatory authorisation.

(6)  No fee or charge is payable by reconstituted Venues NSW to a regulatory body for the exercise of a function by the regulatory body in connection with the transfer or re-issue of a regulatory authorisation by operation of this clause.

(7)  In this clause—

issued includes given.

regulatory authorisation means a licence, permit, consent, entitlement, accreditation or other authority under an Act or statutory rule, and includes, but is not limited to, the following—

(a)  a licence under the Liquor Act 2007,

(b)  a licence under the Water Management Act 2000,

(c)  a master licence under the Security Industry Act 1997,

(d)  registration of a plant under the Work Health and Safety Regulation 2017,

(e)  registration of a vehicle issued under the Road Transport Act 2013,

(f)  a licence, permit, consent, entitlement, accreditation or other authority of a kind prescribed by the regulations.

Division 6 Employees

34 Employees of Sydney Cricket and Sports Ground Trust

(1)  The persons employed under the Sydney Cricket and Sports Ground Act 1978 in the Sydney Cricket and Sports Ground Trust immediately before the repeal day are transferred to the employment of reconstituted Venues NSW.

(2)  A transfer of employment under this clause does not require the consent of the employee transferred.

35 Provisions applying to transferred employees

The following provisions apply in relation to an employee transferred under clause 34—

(a)  the employee is entitled to continue as a contributor, member or employee for the purposes of any superannuation scheme in respect of which they were a contributor, member or employee, as an employee of the current employer, immediately before the transfer of employment and remains so entitled subject to any variation to that entitlement made either by agreement or otherwise in accordance with law,

(b)  reconstituted Venues NSW is taken to be an employer for the purposes of any superannuation scheme in respect of which the employee continues as a contributor, member or employee pursuant to an entitlement under this clause,

(c)  the employee retains their rights to annual leave, extended or long service leave or sick leave accrued or accruing immediately before the transfer of employment,

(d)  the continuity of employment of the employee is not broken by the transfer of employment,

(e)  service of the employee with the body from which the employee was transferred, including any service taken to be service as an employee, that is continuous service up to the time of the transfer of employment is, for all purposes, service with reconstituted Venues NSW,

(f)  the conditions of employment applying to the employee immediately before the transfer of employment, whether under a State industrial instrument or contract of employment, continue to apply to the employee until the time that provision is otherwise made in accordance with any other Act or law.

36 Operation of Commonwealth law

(1)  A provision of this Division, including a provision to the extent it imposes or continues a term or condition of employment, has no effect to the extent of any inconsistency with the Fair Work Act 2009 of the Commonwealth.

(2)  To avoid doubt, this clause does not limit the application of the provisions of this Part in relation to reconstituted Venues NSW if reconstituted Venues NSW is declared to be a non-national scheme employer under section 9A of the Industrial Relations Act 1996.

Division 7 Miscellaneous

37 Reference to Schedule 3 in section 30A

A reference in section 30A to Schedule 3 is taken, on and from the repeal day, to be a reference to Schedule 3 as in force immediately before the substitution of the Schedule by the amending Act.

38 Authorised persons under Sydney Cricket Ground and Sydney Football Stadium By-law 2014

A person who was authorised by the Sydney Cricket and Sports Ground Trust for a function referred to in Part 6 or 7 the Sydney Cricket Ground and Sydney Football Stadium By-law 2014 immediately before its repeal is taken, on and from the repeal day, to have been appointed as a ranger under section 37 of this Act.

39 References to dissolved, abolished or reconstituted bodies or offices

(1)  Unless the regulations provide differently, a reference in any instrument to any of the following is, on and from the repeal day, to be read as including a reference to reconstituted Venues NSW—

(a)  the Sydney Cricket and Sports Ground Trust,

(b)  existing Venues NSW,

(c)  a Local Venues Council.

(2)  The regulations may make provision for or with respect to how references in instruments to bodies or offices dissolved, abolished or reconstituted by this Part should be read.

sch 5: Am 2009 No 96, Sch 23 [2] [3]; 2011 No 57, Sch 1 [15] [16]; 2017 No 7, Sch 1 [2] [3]; 2020 No 29, Sch 1[27].

Schedule 6 (Repealed)

sch 6: Rep 2008 No 114, Sch 4.