QueenslandBRISBANECRICKETGROUND ACT1993Reprinted as in force on 27 July
2001(includes amendments up to Act No. 45 of
2001)Reprint No. 1BThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 27 July 2001.The reprint shows
the law as amended by allamendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes.Minor editorial changes allowed under the
provisions of the Reprints Act 1992 have beenmade to use
aspects of format and printing style consistent with current
drafting practice(s 35).This page is
specific to this reprint.See previous reprints for information
about earlierchanges made under the Reprints Act
1992.A table of earlier reprints is included in
theendnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.
s13s3Brisbane Cricket Ground Act 1993BRISBANE CRICKET GROUND ACT 1993[as
amended by all amendments that commenced on or before 27 July
2001]An Act to consolidate and amend the law
relating to the developmentand management of the Brisbane Cricket
Ground, and for relatedpurposesPART
1—PRELIMINARY1Short titleThis Act may be
cited as theBrisbane Cricket Ground Act 1993.2DefinitionsIn
this Act—“Board”means the Board
of Trustees constituted by section 11;“Trust”means‘TheBrisbaneCricketGroundTrust’continuedinexistence by section 3.PART 2—THE TRUST
AND ITS BOARDDivision 1—Establishment, functions and
powers of the Trust3Establishment of TrustThetrustestablishedundersection 4oftheBrisbaneCricketGroundAct 1958iscontinuedinexistenceunderthesamename‘TheBrisbaneCricket Ground Trust’.
s44s8Brisbane Cricket Ground Act 19934Trust is a body corporate etc.(1)The Trust—(a)is a
body corporate; and(b)has a seal; and(c)may
sue and be sued in its corporate name.(2)The
Trust is a statutory body within the meaning of the—(a)Financial Administration and Audit Act
1977; and(b)Statutory Bodies Financial Arrangements Act
1982.(3)TheStatutory Bodies Financial Arrangements Act
1982, part 2B setsout the way in
which the Trust’s powers under this Act are affected by theStatutory Bodies Financial Arrangements Act
1982.5Trust does not
represent StateThe Trust does not represent the
State.7Trust’s functionsThe Trust’s
functions are to—(a)maintain the Brisbane Cricket Ground
as one of Brisbane’s majorsportingvenuesofcomparablestandardtocorrespondingfacilities in
other Australian capital cities; and(b)maintain the Brisbane Cricket Ground to a
standard appropriatefortheconductofinternationalandinterstatesportingevents;and(c)provideandmaintainfacilitiesforpatronsthatwillencouragepublicattendanceateventsconductedattheBrisbaneCricketGround.8Management of Trust(1)The Trust must manage the Brisbane
Cricket Ground in a way that—(a)is
consistent with sound commercial principles and produces anannualcashsurplusoveroperatingcostsandcommitteddebtrepayment; and
s
95s 11Brisbane Cricket
Ground Act 1993(b)enables the standard and status of the
Brisbane Cricket Ground tobe steadily enhanced.(2)In managing the Brisbane Cricket
Ground, the Trust is to have regardto the
requirements of the tenants of the Brisbane Cricket Ground with
aview to implementing policies to the mutual
benefit of the tenants and theTrust and for the
improvement of the sports played on the Brisbane CricketGround.9Trust’s powers(1)The
Trust has power to do all things necessary or convenient to
bedone for, or in connection with, the
performance of its functions.(2)Withoutlimitingsubsection (1),theTrusthasthepowersthatareconferred on it by this Act.(3)Without limiting subsection (1), the
Trust has, for or in connectionwith the
performance of its functions, all the powers of an individual,
andmay, for example—(a)enter into contracts; and(b)acquire, hold, dispose of, and deal
with property; and(c)appoint agents and attorneys;
and(d)charge,andfixtermsforgoods,servicesandinformationsupplied by it;
and(e)engage consultants.10Restriction on Trust’s power to sell
land(1)Despite section 9, the Trust must not
sell an estate in fee simple inTrust land
without first obtaining the Governor in Council’s approval.(2)The Governor in Council may impose
conditions on a sale approvedunder subsection
(1).Division 2—The board of trustees11The BoardThere is a board
of trustees of the Trust.
s
126s 18Brisbane Cricket
Ground Act 199312Role of BoardIt is the role
of the Board—(a)to decide the objectives, strategies
and policies to be followed bythe Trust;
and(b)toensurethattheTrustperformsitsfunctionsinaproper,effective and
efficient way.13Composition of BoardThe
Board is to consist of not less than 5 and not more than 7
trustees.Division 3—Provisions relating to
trustees14AppointmentThe trustees are
to be appointed by the Governor in Council.15Duration of appointmentThe appointment
of a trustee is for the term (not longer than 3 years)specified in the trustee’s instrument of
appointment.16Conditions of appointmentA
trustee holds office on the conditions not provided in this Act that
aredetermined by the Governor in Council.17ChairpersonTheGovernorinCouncilmustappoint1ofthetrusteesasthechairperson.18Termination of appointment(1)TheGovernorinCouncilmayterminatetheappointmentofatrustee—(a)if
the trustee is convicted of an indictable offence; or
s
197s 20Brisbane Cricket
Ground Act 1993(b)if the trustee is guilty of misconduct
or neglect of duty; or(c)if the trustee
contravenes this Act without reasonable excuse; or(d)if the trustee is unable to perform
the functions of office becauseof physical or
mental incapacity; or(e)if the trustee
becomes bankrupt, applies to take the benefit of anylaw
for the relief of bankrupt or insolvent debtors, compoundswith
his or her creditors or makes an assignment of his or herremuneration for their benefit.(2)TheGovernorinCouncilmay,atanytime,terminatetheappointment of all or any trustees for any
reason or none.Division 4—Business of the Board19Conduct of businessSubject to section 20, the Board may conduct
its business (including itsmeetings) in the
way it considers appropriate.20Disclosure of interests by trustees(1)If—(a)atrusteehasadirectorindirectpecuniaryinterestinamatterbeing
considered, or about to be considered, by the Board; and(b)theinterestcouldconflictwiththeproperperformanceofthetrustee’s duties in relation to
consideration of the matter;the trustee must
disclose the nature of the interest at a meeting of the
Boardassoonaspracticableaftertherelevantfactscometothetrustee’sknowledge.(2)The disclosure must be recorded in the
Board’s minutes and, unlessthe Board
otherwise determines, the trustee must not—(a)be
present during any deliberations of the Board in relation to
thematter; or(b)take
part in any decision of the Board in relation to the matter.(3)A trustee who makes a disclosure must
not—
s
218s 23Brisbane Cricket
Ground Act 1993(a)be present at any deliberation by the
Board for the purpose ofmaking a determination under
subsection (2); or(b)take part in the making by the Board
of a determination undersubsection (2).(4)For
the purposes of this section, a person is not taken to have a
directorindirectpecuniaryinterestinamattermerelybecausethematterconcerns a tenant
of which the person is a member, associate or employee.Division 5—Miscellaneous21The
Trust’s seal(1)The Trust’s seal must be kept in the
custody directed by the Boardand may be used
only as authorised by the Board.(2)JudicialnoticemustbetakenoftheimprintoftheTrust’ssealappearing on a document and the document must
be presumed to have beenproperly sealed until the contrary is
proved.22Judicial notice of certain
signaturesJudicial notice must be taken of—(a)theofficialsignatureofapersonwhoisorhasbeenthechairperson; and(b)the
fact that the person holds or has held the office concerned.23Authentication of documents(1)AdocumentmadebytheTrust(otherthanadocumentthatisrequired to be sealed) is sufficiently
made if it is signed by the chairpersonor a person
authorised by the Trust.(2)A document made
by the Trust under seal is sufficiently made underseal
if it is sealed in the way authorised under section 21(1) and
signed bythe chairperson or a person authorised by the
Trust.
s
249s 28Brisbane Cricket
Ground Act 1993PART 3—GENERAL24Trust
property(1)The Trust holds the property of the
Trust on trust for the tenants fromtime to time of
the Trust’s land.(2)No part of the property of the Trust
is distributable, whether by wayof division of
profits or by way of distribution of assets, among the
tenants.25Park landThe Brisbane
City Council must continue to hold the land described asLot
2onRegisteredPlan
B31553,CountyofStanley,ParishofSouthBrisbane, for
public park and road purposes and for no other purpose.26Register(1)The
Board is to keep a register called ‘The Brisbane Cricket
GroundTrust, Register of Trustees’ in the form that
it considers appropriate.(2)The register
must be kept in the custody directed by the Board.(3)Thepersonwhohascustodyoftheregisteristorecordinitthenames
and other relevant particulars of the trustees.27Governor in Council may approve schemes to
improve facilitiesThe Governor in Council may approve
arrangements that are not withinthe power of the
Board for improving the Brisbane Cricket Ground.28By-laws(1)The
Board may make by-laws for the purposes of this Act.(2)A by-law may be made with respect to
the following matters—(a)the conduct of,
and procedures at, meetings or other proceedingsof
the Board;(b)penaltiesforcontraventionsofaby-law,notexceeding10penalty units.(3)A
by-law has no effect unless approved by the Governor in
Council.
s
2910s 32Brisbane Cricket
Ground Act 199329RegulationsThe Governor in
Council may make regulations for the purposes of thisAct.PART 4—TRANSITIONAL AND REPEALS30Trustees to continue until new
appointmentsThe persons who, immediately before the
commencement of this Act,were trustees of the Trust only
continue to be trustees until the appointmentof new trustees
under this Act.31Effect of passing of this Act(1)To remove any doubt—(a)all the assets and liabilities of the
Trust immediately before thecommencementofthis
ActaretheassetsandliabilitiesoftheTrust; and(b)allthepropertyoftheTrustimmediatelybeforethecommencement is the property of the
Trust freed and dischargedfromthetrustsonwhichthepropertyoftheTrustwasheldimmediately
before the commencement.(2)To remove any
doubt, this Act does not affect—(a)any
membership rights that a person had to the Brisbane CricketGround immediately before the commencement
of this Act; and(b)any interest (other than as a
beneficiary of the Trust) that a personhadinthepropertyoftheTrustimmediatelybeforethecommencement.32Gabba
Towers schemeDespite the repeal of theBrisbane Cricket Ground Act 1958,
section 22Bofthat Actcontinuestoapplytomattersthathavenotbeencompletedunder
that section before the commencement of this Act.
s
3311s 33Brisbane Cricket
Ground Act 199333By-laws in force under repealed
Act(1)Aby-lawinforceundertheBrisbaneCricketGroundAct1958immediately
before the commencement of this Act continues to have effectafter
the commencement as if it had been made under this Act.(2)Subsection (1) only has effect for 6
months after the commencementof this
Act.
12Brisbane Cricket Ground Act 1993ENDNOTES1Index to endnotesPage2Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.123Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .124Table of earlier
reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .135List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .136List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .132Date to which amendments
incorporatedThis is the reprint date mentioned in the
Reprints Act 1992, section 5(c). Accordingly, thisreprint includes all amendments that
commenced operation on or before 27 July 2001.Future amendments
of the Brisbane Cricket Ground Act 1993 may be made in
accordancewith this reprint under the Reprints Act
1992, section 49.3KeyKey to
abbreviations in list of legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdo in comorigpparaprecpresExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=order
in council=omitted=original=page=paragraph=preceding=presentKeyprev(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASIRSLsubunnumExplanation=previous=previously=proclamation=provision=part=published=Reprint No.[X]=Reprints Act 1992=relocated=renumbered=repealed=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
1992=subordinate legislation=substituted=unnumbered
13Brisbane Cricket Ground Act 19934Table of earlier reprintsTABLE
OF EARLIER REPRINTS[If a reprint number includes a roman
letter, the reprint was released in unauthorised,electronic form only.]Reprint
No.11AAmendments
includednoneto Act No. 54 of 1996Reprint date26 July
199322 October 19975List
of legislationBrisbane Cricket Ground Act 1993 No.
30date of assent 2 June 1993commenced on date of assentas
amended by—Statutory Bodies Financial Arrangements
Amendment Act 1996 No. 54 ss 1–2, 9 schdate of assent 20
November 1996ss 1–2 commenced on date of assentremaining provisions commenced 1 June 1997
(1997 SL No. 128)Corporations (Ancillary Provisions) Act 2001
No. 45 ss 1–2, 29 sch 3date of assent 28 June 2001ss
1–2 commenced on date of assentsch3commenced15July2001(sees2(2)ofAct2001No.45(Qld)andCorporations Act 2001 No. 50 (Cwlth) and
proc pubd Cwlth of Australia gaz13 July 2001, No.
S285)remaining provision commenced immediately
before 15 July 2001 (see s 2(1) of Act2001 No. 45 (Qld)
and Corporations Act 2001 No. 50 (Cwlth) and proc pubdCwlth
of Australia gaz 13 July 2001, No. S285)6List
of annotationsTrust is a body corporate etc.s
4amd 1996 No. 54 s 9 schTrust exempt
public authority under Corporations Laws 6om
2001 No. 45 s 29 sch 3By-laws in force under repealed
Acts 33(1) ceased to have effect 2 December
1993 (see s 33(2))Acts repealeds 34om R1
(see RA s 40)
