Commonwealth Games Arrangements Act 2011

An Act to establish the Gold Coast 2018 Commonwealth Games Corporation, to regulate the use of references and images associated with the XXI Commonwealth Games, and for related purposes

Long title amd 2013 No. 12 s 3

ch 1 hdg ins 2013 No. 12 s 4

ch 1 pt 1 hdg om 2013 No. 12 s 4

ch 1 pt 2 hdg om 2013 No. 12 s 7

1Short title

This Act may be cited as the Commonwealth Games Arrangements Act 2011.

2Commencement

This Act commences on 1 January 2012.

3Purposes of Act

The purposes of this Act are to—

(a)establish the Gold Coast 2018 Commonwealth Games Corporation to plan, organise and deliver the Commonwealth Games, in conjunction with the ACGA and the CGF; and

(b)protect the integrity of images or expressions, and sponsorship arrangements, associated with the Commonwealth Games by—

(i)prohibiting the unauthorised use of protected images and protected references; and

(ii)prohibiting conduct falsely inferring a person’s association with the Commonwealth Games; and

(iii)conferring rights of redress on entities associated with the Commonwealth Games who are affected by a person’s contravention of a prohibition mentioned in subparagraph (i) or (ii).

s 3 sub 2013 No. 12 s 5

4Act binds all persons

This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

5Definitions

The dictionary in schedule 4 defines particular words used in this Act.

s 5 amd 2013 No. 12 s 6

ch 2 hdg ins 2013 No. 12 s 7

ch 2 pt 1 hdg ins 2013 No. 12 s 7

6Establishment

(1)The Gold Coast 2018 Commonwealth Games Corporation is established.

(2)The corporation—

(a)is a body corporate; and

(b)has a seal; and

(c)may sue and be sued in its corporate name.

(3)The corporation does not represent the State.

7Application of other Acts

(1)The corporation is a public authority under the Civil Liability Act 2003.

(2)The corporation is a statutory body under the Financial Accountability Act 2009.

(3)The corporation is a statutory body under the Statutory Bodies Financial Arrangements Act 1982.

(4)The Statutory Bodies Financial Arrangements Act 1982, part 2B explains how that Act affects the corporation’s powers.

(5)The corporation is a relevant EEO agency under the Public Service Act 2008.

8Functions

(1)The functions of the corporation are as follows—

(a)to undertake and facilitate the organisation, conduct, promotion and commercial and financial management of the Commonwealth Games;

(b)to do all the things necessary for or in connection with a matter mentioned in paragraph (a).

(2)The corporation’s functions also include any other function given to the corporation under this Act.

(3)In this section—

Commonwealth Games includes events and programs associated with the Commonwealth Games.

9Corporation’s powers

(1)The corporation has all the powers of an individual, and may, for example—

(a)enter into contracts; and

(b)acquire, hold, deal with and dispose of property; and

(c)appoint agents and attorneys; and

(d)engage consultants; and

(e)charge a fee for its services; and

(f)do anything else necessary or convenient to be done in the performance of its functions.

(2)Without limiting subsection (1), the corporation has the powers given to it under this Act or another Act.

(3)However, the powers of the corporation do not include the following—

(a)making a loan to a member, member’s spouse, relative of a member or relative of a member’s spouse;

(b)giving a guarantee, or providing security, in connection with a loan made, or to be made, by another person to a member, member’s spouse, relative of a member or relative of a member’s spouse;

(c)exempting, or indemnifying, a member from or against any liability for a breach of duty relating to the corporation.

(4)Subsection (3)(c) is subject to section 29.

10Ministerial direction

(1)The Minister may give the corporation a written direction about the performance of its functions or the exercise of its powers if the Minister is satisfied it is reasonably necessary to give the direction.

(2)Without limiting subsection (1), the Minister may give the corporation a written direction—

(a)to give the Minister a document or information held by or in the control of the corporation; or

(b)to submit to the Minister a document for the Minister’s approval.

(3)The corporation must ensure a direction given under this section is complied with.

(4)The corporation—

(a)must include in its annual report, prepared under the Financial Accountability Act 2009, section 63, details of any direction given by the Minister under subsection (1) during the financial year to which the report relates; and

(b)may include in the report a comment about the effect on the corporation’s activities of complying with the direction.

11Delegation

(1)The corporation may delegate its functions to—

(a)a member; or

(b)an appropriately qualified officer or employee of the corporation.

(2)In this section—

appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.

Example of standing for an officer or employee of the corporation—

the classification level in the corporation of the officer or employee

function includes power.

ch 2 pt 2 hdg (prev pt 3 hdg) renum 2013 No. 12 s 8

12The board

The corporation has a board of members.

13Role of the board

(1)The board is responsible for the way the corporation performs its functions and exercises its powers.

(2)Without limiting subsection (1), it is the board’s role to ensure the corporation performs its functions in an appropriate, effective and efficient way.

14Composition of board

(1)The board consists of at least 8 members.

(2)The Minister must consult with ACGA about the appointment of each member.

(3)Each member must be appointed by the Governor in Council.

15Duration of appointment

(1)Subject to this division, a member holds office for the period stated in the member’s instrument of appointment.

(2)The period of appointment can be a period ending no later than the dissolution day.

(3)If otherwise qualified, a member who completes a period of office may be reappointed.

16Terms and conditions of appointment

(1)A member may be paid the remuneration and allowances decided by the Governor in Council.

(2)A member holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.

17Vacancy in office

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

(a)completes a period of office; or

(b)resigns office by signed notice given to the Minister; or

(c)is removed from office by the Governor in Council under subsection (2); or

(d)is convicted of an indictable offence; or

(e)is a person who is an insolvent under administration under the Corporations Act, section 9; or

(f)becomes employed by, or becomes a contractor of, the corporation.

(2)The Governor in Council may at any time remove a member from office for any reason or none.

18Ineligibility of member of Parliament or councillor

A member of the Commonwealth Parliament or a State Parliament or a councillor of a local government is not eligible for appointment as a member.

19Chairperson

The chairperson is a member nominated by the Minister after consultation with ACGA.

20Deputy chairperson

(1)There is to be a deputy chairperson of the board.

(2)If the president of ACGA is a member, the president is the deputy chairperson.

(3)If the president stops being the president of ACGA—

(a)the president ceases to be the deputy chairperson; and

(b)the deputy chairperson is a member nominated by the Minister after consultation with ACGA.

21Time and place of meetings

(1)The board may hold its meetings when and where it decides.

(2)However, the board must meet at least twice each year.

(3)The chairperson—

(a)may at any time call a meeting of the board; and

(b)must call a meeting if asked by at least 4 other members.

22Quorum

A quorum for a meeting of the board is at least half of the members.

23Presiding at meetings

(1)The chairperson presides at all meetings of the board at which the chairperson is present.

(2)If the chairperson is absent, the deputy chairperson presides.

(3)If the chairperson and deputy chairperson are absent, a member chosen by the members present presides.

24Conduct of meetings

(1)Subject to this division, the board may conduct its proceedings, including its meetings, as it considers appropriate.

(2)The board may conduct its proceedings by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the proceedings.

(3)A member who takes part in a meeting of the board under subsection (2) is taken to be present at the meeting.

(4)A question at a meeting of the board is to be decided by a majority of the votes of the members present at the meeting.

(5)If the votes are equal, the chairperson has a casting vote.

(6)A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if—

(a)at least half the members give written agreement to the resolution; and

(b)notice of the resolution is given in accordance with procedures approved by the board.

25Minutes and other records

The board must keep—

(a)minutes of its meetings; and

(b)a record of any of its decisions and resolutions.

26Duty to act honestly and exercise care and diligence

(1)A member must act honestly, and must exercise a reasonable degree of care and diligence, when performing the member’s functions and exercising the member’s powers.

(2)A member or former member must not make improper use of information acquired because of the member’s position as a member—

(a)to gain, directly or indirectly, an advantage for the member or for any other person; or

(b)to cause detriment to the corporation.

(3)A member must not make improper use of the member’s position as a member—

(a)to gain, directly or indirectly, an advantage for the member or for any other person; or

(b)to cause detriment to the corporation.

(4)This section—

(a)has effect in addition to, and not in derogation of, any law relating to the civil or criminal liability of a member of the governing body of a corporation; and

(b)does not prevent the starting of a civil or criminal proceeding in respect of civil or criminal liability.

27Corporation or Minister may bring proceedings

(1)If a member contravenes section 26, the corporation or the Minister may recover from the member as a debt due to the corporation either or both of the following—

(a)if the member or any other person made a profit as a result of the contravention—an amount equal to the profit;

(b)if the corporation has suffered loss or damage as a result of the contravention—an amount equal to the loss or damage.

(2)A proceeding mentioned in subsection (1) may be—

(a)brought in the name of the corporation; and

(b)started in a court of competent jurisdiction.

28Duty of disclosure

(1)If—

(a)a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the board; and

(b)the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter;

the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the board.

(2)Particulars of any disclosure made under this section must be recorded by the board in a register of interests kept for the purpose.

(3)After a member has disclosed the nature of an interest in any matter, the member must not—

(a)be present during any deliberation of the board about the matter; or

(b)take part in any decision of the board about the matter.

(4)For the making of a decision by the board under subsection (3), a member who has a direct or indirect pecuniary or other 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 decision; or

(b)take part in the making of the decision by the board.

(5)A contravention of this section does not invalidate any decision of the board.

(6)However, if the board becomes aware a member contravened this section, the board must reconsider any decision made by the board in which the member took part in contravention of this section.

(7)A member may have regard to, or may act in, the interests of the entity that nominated the member for section 14.

(8)However, a member may not act in a way that is contrary to the interests of the corporation.

(9)A reference to an interest or to a conflict of interest is a reference to a matter within its ordinary meaning under the general law, and, in relation to an interest, the definition in the Acts Interpretation Act 1954, schedule 1 does not apply.

s 28 amd 2013 No. 39 s 110 sch 3pt 1

29Protection from liability

(1)A member does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.

(2)If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the corporation.

30Establishment

(1)The board may establish committees to assist it in performing its functions.

(2)The board may decide on the membership and functions of a committee established under subsection (1).

(3)Unless the board decides otherwise, a committee established under subsection (1) may conduct its proceedings, including its meetings, as it considers appropriate.

ch 2 pt 3 hdg ins 2013 No. 12 s 9

ch 2 pt 3 div 1 hdg ins 2013 No. 12 s 9

31Chief executive officer

The Governor in Council may appoint a chief executive officer for the corporation who is nominated by the Minister and approved by ACGA.

32Restriction on appointment

A member of the board must not be appointed as chief executive officer.

33Chief executive officer employed under this Act

The chief executive officer is employed under this Act and not under the Public Service Act 2008.

34Duration of office

(1)Subject to this subdivision, the chief executive officer holds office for the period stated in the officer’s instrument of appointment.

(2)The period of office can be a period ending no later than the dissolution day.

35Functions

The functions of the chief executive officer are to ensure—

(a)the corporation is managed as required by the priorities of the board; and

(b)the efficient and effective administration and operation of the corporation.

36Terms and conditions of appointment

(1)The chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.

(2)The chief executive officer holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.

37Vacancy in office

(1)The office of the chief executive officer becomes vacant if the chief executive officer—

(a)completes a term of office; or

(b)resigns office by signed notice given to the Minister; or

(c)is removed from office by the Governor in Council under subsection (2); or

(d)is convicted of an indictable offence; or

(e)is a person who is an insolvent under administration under the Corporations Act, section 9.

(2)The Governor in Council may at any time remove the chief executive officer from office for any reason or none.

ch 2 pt 3 div 2 hdg ins 2013 No. 12 s 9

38Employment

(1)The corporation may employ other staff it considers appropriate to perform its functions.

(2)The other staff are to be employed under this Act and not the Public Service Act 2008.

ch 2 pt 4 hdg ins 2013 No. 12 s 9

39Minister to approve budget

(1)The corporation must, for each financial year, develop, adopt and submit to the Minister a budget by the day the Minister directs.

(2)A budget has no effect until approved by the Minister.

(3)During a financial year, the corporation may develop, adopt and submit to the Minister amendments to its approved budget for the financial year.

(4)An amendment has no effect until approved by the Minister.

(5)The Minister’s approval under this section may only be given with the consent of the Minister administering the Financial Accountability Act 2009.

(6)A budget, or amendment of a budget, that has not received the approval of the Minister under this section must not be made available to the public.

40Corporation to enter into funding agreement

(1)The corporation must, for each financial year, enter into an agreement (the funding agreement) with the department.

(2)The funding agreement for a financial year must provide for the way funding for the financial year is to be expended.

41Corporation to act in accordance with budget and funding agreement

The corporation must, for a financial year, act in accordance with—

(a)the budget, and any amendment of the budget, for the financial year approved by the Minister under section 39(2) or (4); and

(b)the funding agreement for the financial year.

ch 2 pt 5 hdg (prev pt 4 hdg) renum 2013 No. 12 s 10

42Application of pt 5

This part applies to a proceeding under this Act.

s 42 amd 2013 No. 12 s 11

43Appointments and authority

The following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—

(a)the appointment of the chairperson;

(b)the appointment of the deputy chairperson;

(c)the authority of a person to do anything under this Act.

44Signatures

A signature purporting to be the signature of the chairperson or the chief executive officer is evidence of the signature it purports to be.

45Other evidentiary aids

(1)In a proceeding, a certificate purporting to be that of the chief executive officer stating any of the following matters is evidence of the matter—

(a)a stated document is an appointment or direction made or given under this Act;

(b)a stated document is a document given to the corporation or chief executive officer;

(c)a stated document is a copy of a document mentioned in paragraph (a) or (b).

(2)A statement in a complaint for a breach of duty under this Act that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.

ch 2 pt 6 hdg (prev pt 5 hdg) renum 2013 No. 12 s 10

46Dissolution day

(1)A regulation may prescribe a day, not later than 18 months after the end of the closing ceremony of the Commonwealth Games, as the dissolution day.

(2)If, on the day that is 18 months after the end of the closing ceremony of the Commonwealth Games, no day has been prescribed under subsection (1), that day is the dissolution day.

47Dealing with assets and liabilities on winding-up

(1)On the dissolution day the State is the successor in law of the corporation.

(2)Without limiting subsection (1)—

(a)all assets vested in, or held by, the corporation vest in the State; and

(b)all liabilities of the corporation become liabilities of the State; and

(c)the State is substituted for the corporation as a party to—

(i)any contract, lease or other instrument to which the corporation is a party; or

(ii)any current legal proceeding to which the corporation is a party.

ch 4 hdg ins 2013 No. 12 s 13

ch 4 pt 6 hdg om 2013 No. 12 s 13

80Regulation-making power

The Governor in Council may make regulations under this Act.

s 80 (prev s 48) renum 2013 No. 12 s 14

schedule 4, definition ACGA reference, paragraph (a)

1ACGA

2Australian Commonwealth Games Association

sch 1 ins 2013 No. 12 s 16

schedule 4, definition CGF reference, paragraph (a)

1CGF

2Commonwealth Games Federation

sch 2 ins 2013 No. 12 s 16

schedule 4, definition games reference, paragraphs (a) and (b)

1Australian Commonwealth Games

2Coast 2018 Games

3Coast Games

4Comm Games

5Commonwealth Games

6GC18

7GC2018

8Gold Coast 2018 Commonwealth Games

9Gold Coast 2018 Cultural Program

10Gold Coast 2018 Games

11Gold Coast Commonwealth Games

12Gold Coast Games

13GOLDOC

14Queen’s Baton Relay

sch 3 ins 2013 No. 12 s 16

section 5

ACGA means Australian Commonwealth Games Association Inc. A01596.

ACGA image means—

(a)an image prescribed under a regulation as an ACGA image; or

(b)an adaptation of an image mentioned in paragraph (a).

sch 4 def ACGA image ins 2013 No. 12 s 15(2)

ACGA reference means—

(a)an expression mentioned in schedule 1; or

(b)an expression prescribed under a regulation as an ACGA reference; or

(c)an adaptation of an expression mentioned in paragraph (a) or (b).

sch 4 def ACGA reference ins 2013 No. 12 s 15(2)

adaptation means—

(a)for an ACGA image, CGF image or Games image—

(i)if the image is in a two-dimensional form—a version of the image produced in a three-dimensional form; or

(ii)if the image is in a three-dimensional form—a version of the image produced in a two-dimensional form; or

(b)for an ACGA reference, CGF reference or Games reference—

(i)a version of the reference in which all or part of the reference is presented in a language other than English; or

(ii)a version of the reference in which all or part of the reference forms part of a pictorial representation; or

(iii)a version of the reference in which all or part of the reference is changed from upper to lower case or lower to upper case; or

(iv)a version of the reference in which any numbers forming part of the reference are presented in words or Arabic, Roman or other numerals; or

(v)a version of the reference expressed in auditory form.

sch 4 def adaptation ins 2013 No. 12 s 15(2)

aggrieved party, for chapter 3, part 4, see section 58.

sch 4 def aggrieved party ins 2013 No. 12 s 15(2)

appropriate body, for chapter 3, part 5, see section 65.

sch 4 def appropriate body ins 2013 No. 12 s 15(2)

Australian Commonwealth Games Team means the persons who are—

(a)selected by the ACGA to represent Australia, as athletes or officials, in the Commonwealth Games; and

(b)accredited by the CGF as participants in the Commonwealth Games.

sch 4 def Australian Commonwealth Games Team ins 2013 No. 12 s 15(2)

authorised applicant, for chapter 3, part 4, see section 58.

sch 4 def authorised applicant ins 2013 No. 12 s 15(2)

board means the board of the corporation.

CGF means the Commonwealth Games Federation.

sch 4 def CGF ins 2013 No. 12 s 15(2)

CGF image means—

(a)an image prescribed under a regulation as an CGF image; or

(b)an adaptation of an image mentioned in paragraph (a).

sch 4 def CGF image ins 2013 No. 12 s 15(2)

CGF reference means—

(a)an expression mentioned in schedule 2; or

(b)an expression prescribed under a regulation as an CGF reference; or

(c)an adaptation of an expression mentioned in paragraph (a) or (b).

sch 4 def CGF reference ins 2013 No. 12 s 15(2)

chief executive officer means the chief executive officer of the corporation.

closing ceremony means the last day of the official sports program for the Commonwealth Games.

commercial purpose means a purpose in relation to which the generation of profit is more than an incidental outcome.

sch 4 def commercial purpose ins 2013 No. 12 s 15(2)

Commonwealth Games means the XXI Commonwealth Games to be held at the Gold Coast in 2018.

compete means compete as an individual or as a member of a team.

sch 4 def compete ins 2013 No. 12 s 15(2)

corporation means Gold Coast 2018 Commonwealth Games Corporation.

deceptively similar see section 50.

sch 4 def deceptively similar ins 2013 No. 12 s 15(2)

dissolution day means the dissolution day under section 46.

expression includes a phrase, reference or word.

sch 4 def expression ins 2013 No. 12 s 15(2)

funding agreement see section 40.

Games image means—

(a)an image prescribed under a regulation as a Games image; or

(b)an adaptation of an image mentioned in paragraph (a).

sch 4 def Games image ins 2013 No. 12 s 15(2)

Games reference means—

(a)an expression mentioned in schedule 3, part 1; or

(b)an expression that combines an expression mentioned in column 1 of an item in schedule 3, part 2, and an expression mentioned in column 2 of that item, whether or not the combined expression includes any other words; or

(c)an expression prescribed under a regulation as a Games reference; or

(d)an adaptation of an expression or phrase mentioned in paragraph (a), (b) or (c).

sch 4 def Games reference ins 2013 No. 12 s 15(2)

Games-related entity means—

(a)the corporation; or

(b)the ACGA; or

(c)the CGF; or

(d)a person who competes, or has been selected to compete, in the Commonwealth Games; or

(e)the Australian Commonwealth Games Team.

sch 4 def Games-related entity ins 2013 No. 12 s 15(2)

marked with, for part 5, see section 65.

sch 4 def marked with ins 2013 No. 12 s 15(2)

member means a member of the board appointed under section 14(3).

OCGC means the Office of Commonwealth Games Coordination.

sch 4 def OCGC ins 2013 No. 12 s 15(2)

offending party, for chapter 3, part 4, see section 58.

sch 4 def offending party ins 2013 No. 12 s 15(2)

owner, for chapter 3, part 5, see section 65.

sch 4 def owner ins 2013 No. 12 s 15(2)

prohibited purpose see section 49.

sch 4 def prohibited purpose ins 2013 No. 12 s 15(2)

protected image means an ACGA image, CGF image or Games image.

sch 4 def protected image ins 2013 No. 12 s 15(2)

protected reference means an ACGA reference, CGF reference or Games reference.

sch 4 def protected reference ins 2013 No. 12 s 15(2)

reasonably believes means believes on reasonable grounds.

sch 4 def reasonably believes ins 2013 No. 12 s 15(2)

reasonably satisfied means satisfied on reasonable grounds.

sch 4 def reasonably satisfied ins 2013 No. 12 s 15(2)

relevant contravention, for chapter 3, part 5, see section 65.

sch 4 def relevant contravention ins 2013 No. 12 s 15(2)

seized item, for chapter 3, part 5, see section 65.

sch 4 def seized item ins 2013 No. 12 s 15(2)

sponsorship arrangement includes—

(a)a relationship of sponsorship, affiliation, approval or association, whether or not for commercial gain; and

(b)an arrangement conferring a right on a person, or a Games-related entity, to associate the person, or the person’s goods or services, with—

(i)a Games-related entity; or

(ii)the Commonwealth Games; or

(iii)an event or program associated with the Commonwealth Games whether or not the event or program relates to sport.

sch 4 def sponsorship arrangement ins 2013 No. 12 s 15(2)

sch 4 (prev sch) num 2013 No. 12 s 15(1)