Australian Capital Territory
Stadiums Authority Act 2000    
A2000-6
Republication No 8
Effective:  1 July 2006 – 1 July 2006
Republication date: 1 July 2006
Last amendment made by A2006-30

Uncommenced repeal: see endnote 3

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Stadiums Authority Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2006.  It also includes any amendment, repeal or expiry affecting the republished law to 1 July 2006.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Stadiums Authority Act 2000

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	3	Notes	2
Part 2	The authority
Division 2.1	Establishment and functions of authority
	4	Establishment of authority	3
	5	Functions of authority	3
	6	Restrictions on dealings with assets	4
Division 2.2	Governing board
	7	Establishment of governing board	5
	8	Governing board members	5
	9	Functions of governing board	5
Part 3	Authority staff and consultants
	10	Staff	6
	11	Consultants	6
Part 4	Miscellaneous
	12	Ministerial directions	7
	13	Authority’s annual report	8
	14	Regulation-making power	8
Dictionary		9
Endnotes
	1	About the endnotes	10
	2	Abbreviation key	10
	3	Legislation history	11
	4	Amendment history	12
	5	 Earlier republications	16

Australian Capital Territory
Stadiums Authority Act 2000

An Act to establish the Stadiums Authority, and for other purposes

    

Part 1	Preliminary
1	Name of Act
This Act is the Stadiums Authority Act 2000.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	The authority
	Note for pt 2
	The governance of territory authorities, including the Stadiums Authority, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.
	The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.
Division 2.1	Establishment and functions of authority
4	Establishment of authority
The Stadiums Authority (the authority) is established.
5	Functions of authority
The authority has the following functions:
	(a)	owning, operating or managing sporting or entertainment facilities prescribed by regulation;
	(b)	organising sporting, cultural, entertainment or commercial events or festivals, or conducting them at facilities mentioned in paragraph (a), either alone or with others;
	(c)	providing facilities (including organisational or catering facilities) for an event or festival mentioned in paragraph (b) or for meetings or functions of any other kind, whether public or private;
	(d)	operating on a sound commercial basis;
	(e)	maximising the sustainable return to the Territory on its investment in the authority;
	(f)	providing services to the community in accordance with an agreement with the Minister;
	(g)	implementing any directions given to the authority by the Minister under this Act;
	(h)	exercising any other function given to it under this Act or any other territory law.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
6	Restrictions on dealings with assets
	(1)	In this section:
subsidiary means a company that, for the Corporations Act, is a subsidiary of the authority.
	(2)	The authority or a subsidiary must not, without the Treasurer’s prior written approval—
	(a)	enter into a contract involving the payment or receipt of a total amount larger than $500 000; or
	(b)	sell or otherwise dispose of, or mortgage or otherwise give security over, a significant asset; or
	(c)	mortgage or give a charge over all, or a significant part, of its undertakings or assets.
	(3)	An approval of the Treasurer may be given subject to conditions or restrictions stated in the approval.
	(4)	For this section, an asset, or part of the undertakings or assets, of the authority or a subsidiary is significant if—
	(a)	it is significant when interpreted in accordance with accounting standards relating to materiality ordinarily used in Australia when the decision about whether it is significant is made; or
	(b)	a document published by the authority or subsidiary identifies it as significant (however described); or
	(c)	a memorandum of understanding or other agreement between the Minister or Treasurer and the authority or subsidiary identifies it as significant (however described); or
	(d)	it is prescribed under the financial management guidelines under the Financial Management Act 1996 for this section.
	(5)	This section is additional to the Financial Management Act 1996, part 9 (Governance of territory authorities).
Division 2.2	Governing board
7	Establishment of governing board
The authority has a governing board.
8	Governing board members
The governing board has at least 5, but not more than 7, members.
Note 1	The chair and deputy chair of the governing board must be appointed under the Financial Management Act 1996, s 79.
Note 2	The chief executive officer of the authority is a member of the governing board (see Financial Management Act 1996, s 80 (4)).
9	Functions of governing board
The governing board has the following functions:
	(a)	advising the Minister on all significant issues relating to the authority and its activities;
	(b)	exercising any other function given to the board under this Act or any other territory law.

Part 3	Authority staff and consultants
    
10	Staff
The authority’s staff must be employed under the Public Sector Management Act 1994.
Note	The Public Sector Management Act 1994, s 24 provides that the chief executive officer of a territory instrumentality has all the powers of a chief executive under the Act in relation to the instrumentality staff to be employed under that Act (including, for example, in relation to the appointment of people to, or the employment of people for, that staff).  Under that Act, s 3, def chief executive officer, the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs.
11	Consultants
	(1)	The authority may engage consultants.
	(2)	However, the authority must not enter into a contract of employment under this section.

Part 4	Miscellaneous
    
12	Ministerial directions
	(1)	The Minister may give the authority written directions in relation to the exercise of its functions.
	(2)	Before giving a direction the Minister must—
	(a)	tell the governing board about the effect of the proposed direction; and
	(b)	give the board a reasonable opportunity to comment on the proposed direction; and
	(c)	consider any comments made by the board.
	(3)	The Minister must present a copy of a direction to the Legislative Assembly within 6 sitting days after the day the Minister makes it.
	(4)	On receiving a direction under this section, the authority must comply with it.
	(5)	The Territory must reimburse the authority for the net reasonable expense of complying with a direction.
	(6)	The net reasonable expense of complying with a direction is—
	(a)	if the direction requires the authority to do something that, apart from the direction, it would not have done—the reasonable cost of, and the estimated revenue foregone in, complying with the direction; or
	(b)	if the direction requires the authority to do something in a way that is different from how the authority had intended to do it—the additional cost incurred, and the estimated revenue foregone, in doing the thing the activity in accordance with the direction; or
	(c)	if the direction requires the authority not to do something that, apart from the direction, it would have done—the difference (if any) between any estimated foregone revenue and the savings resulting from not doing the thing.
	(7)	An amount is not payable under subsection (5) unless it is agreed to by the Minister and the authority or, failing agreement, is decided by the Treasurer.
13	Authority’s annual report
A report prepared by the authority under the Annual Reports (Government Agencies) Act 2004 for a financial year must include—
	(a)	a copy of any direction given under section 12 (Ministerial directions) during the year; and
	(b)	a statement by the authority about action taken during the year to give effect to any direction given (whether before or during the year) under that section.
Note	Financial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004.
14	Regulation-making power
The Executive may make regulations for this Act.
Note 	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act dict, pt 1, defines the following terms:
·	exercise
·	function.
authority means the Stadiums Authority.
governing board means the governing board of the authority.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Stadiums Authority Act 2000 No 6
notified 23 March 2000 (Gaz 2000 No 12)
s 1, s 2 commenced 23 March 2000 (IA s 10B)
remainder (ss 3-41) commenced 13 April 2000 (s 2 (2) and Gaz 2000 No 15)
as amended by
Legislation (Consequential Amendments) Act 2001 No 44 pt 367
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 367 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2002 No 30 pt 3.78
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.78 commenced 17 September 2002 (s 2 (1))
Taxation (Government Business Enterprises) Act 2003 A2003-12 sch 1 pt 1.9
notified LR 27 March 2003
s 1, s 2 taken to have commenced 1 July 2002 (LA s 75 (2))
sch 1 pt 1.9 commenced 28 March 2003 (s 2 (2))
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.31
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.31 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Financial Management Legislation Amendment Act 2005 A2005-52 sch 1 pt 1.20
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.20 commenced 1 January 2006 (s 2 (2))
Administrative (Miscellaneous Amendments) Act 2006 A2006-30 sch 1 pt 1.12
notified LR 16 June 2006
s 1, s 2 commenced 16 June 2006 (LA s 75 (1))
sch 1 pt 1.12 commenced 1 July 2006 (s 2 (2) and CN2006-15)
as repealed by
Administrative (Miscellaneous Amendments) Act 2006 A2006-30 s 4 (1) (e)
notified LR 16 June 2006
s 1, s 2 commenced 16 June 2006 (LA s 75 (1))
s 4 (1) (e) commenced 1 July 2006 (s 2 (3) and CN2006-15)
4	Amendment history
Dictionary
s 2	om 2001 No 44 amdt 1.3911
	ins 2002 No 30 amdt 3.788
	am A2005-52 amdt 1.260
Notes
s 3	sub 2002 No 30 amdt 3.788
The authority
pt 2 hdg	sub A2005-52 amdt 1.261
Establishment and functions of authority
div 2.1 hdg	sub A2005-52 amdt 1.261
Establishment of authority
s 4	sub A2005-52 amdt 1.261
Functions of authority
s 5	am 2002 No 30 amdt 3.789
	sub A2005-52 amdt 1.261
Restrictions on dealings with assets
s 6	om 2002 No 30 amdt 3.790
	ins A2005-52 amdt 1.261
	am A2006-30 amdt 1.88; ss renum R8 LA
Governing board
div 2.2 hdg	sub A2005-52 amdt 1.261
Establishment of governing board
s 7	sub A2005-52 amdt 1.261
Governing board members
s 8	sub A2005-52 amdt 1.261
Functions of governing board
s 9	am 2002 No 30 amdt 3.791
	sub A2005-52 amdt 1.261
Procedures
div 2.3 hdg	om A2005-52 amdt 1.261
Authority staff and consultants
pt 3 hdg	sub A2005-52 amdt 1.262
The chief executive
div 3.1 hdg	om A2005-52 amdt 1.263
Staff
s 10	sub 2002 No 30 amdt 3.792
	om A2005-52 amdt 1.261
	ins A2005-52 amdt 1.265
Consultants
s 11	am 2002 No 30 amdts 3.793–3.795
	om A2005-52 amdt 1.261
	ins A2005-52 amdt 1.265
Staff and consultants
div 3.2 hdg	om A2005-52 amdt 1.264
Miscellaneous
pt 4 hdg	sub A2005-52 amdt 1.266
Ministerial directions
s 12	am 2002 No 30 amdt 3.796
	om A2005-52 amdt 1.261
	ins A2005-52 amdt 1.268
Authority’s annual report
s 13	am 2002 No 30 amdt 3.797
	om A2005-52 amdt 1.261
	ins A2005-52 amdt 1.268
Regulation-making power
s 14	om 2002 No 30 amdt 3.798
	ins A2005-52 amdt 1.268
Ending of appointment of director
s 15 hdg	sub 2002 No 30 amdt 3.799
s 15	am 2002 No 30 amdts 3.800–3.805
	om A2005-52 amdt 1.261
Disclosure of interest
s 16	am 2002 No 30 amdt 3.806, amdt 3.807
	om A2005-52 amdt 1.261
Calling meetings of board
s 17	sub 2002 No 30 amdt 3.808
	om A2005-52 amdt 1.261
Procedure at meetings
s 18	om A2005-52 amdt 1.261
Quorum
s 19	om A2005-52 amdt 1.261
Appointment of chief executive
s 20	sub 2002 No 30 amdt 3.809
	om A2005-52 amdt 1.263
Functions of chief executive
s 21 hdg	sub 2002 No 30 amdt 3.810
s 21	om A2005-52 amdt 1.263
Staff
s 22	om A2005-52 amdt 1.265
Consultants
s 23	om A2005-52 amdt 1.265
Requests for information
s 24	om A2005-52 amdt 1.266
Notification of significant occurrences
s 25	om A2005-52 amdt 1.266
Ministerial directions
s 26	am 2002 No 30 amdt 3.811, amdt 3.812
	om A2005-52 amdt 1.266
Business plans
s 27	am 2002 No 30 amdt 3.813
	om A2005-52 amdt 1.266
Compliance with business plans
s 28	om A2005-52 amdt 1.266
Dividends
s 29	am 2002 No 30 amdt 3.814
	om A2005-52 amdt 1.266
Other reporting requirements
s 30	om A2005-52 amdt 1.266
Miscellaneous
pt 5 hdg	om A2005-52 amdt 1.266
Conduct of persons associated with the authority
div 5.1 hdg	om A2005-52 amdt 1.266
Meaning of relevant person for div 5.1
s 31	om A2005-52 amdt 1.266
Improper use of position
s 32	om A2005-52 amdt 1.266
Improper use of information
s 33	om A2005-52 amdt 1.266
General
div 5.2 hdg	om A2005-52 amdt 1.266
Power to bind authority
s 34	om A2005-52 amdt 1.266
Authority’s annual report
s 35	sub A2004-9 amdt 1.41
	om A2005-52 amdt 1.266
Taxation
s 36	om A2003-12 amdt 1.12
Regulation-making power
s 37	am 2001 No 44 amdt 1.3912
	om A2005-52 amdt 1.266
Transitional provisions
pt 6 hdg	sub 2002 No 30 amdt 3.815
	exp 31 December 2003 (s 42)
Transfer of assets, rights and liabilities
s 38	am 2001 No 44 amdt 1.3913, amdt 1.3914
	exp 31 December 2003 (s 42)
Evidentiary certificate
s 39	exp 31 December 2003 (s 42)
Registration of changes in title to certain assets
s 40	exp 31 December 2003 (s 42)
Proceedings and evidence
s 41	am 2002 No 30 amdt 3.816
	exp 31 December 2003 (s 42)
Expiry of pt 6
s 42	ins 2002 No 30 amdt 3.817
	exp 31 December 2003 (s 42)
Dictionary
dict	ins 2002 No 30 amdt 3.818
	sub A2005-52 amdt 1.267
	def appointed director ins 2002 No 30 amdt 3.818
	om A2005-52 amdt 1.267
	def authority ins 2002 No 30 amdt 3.818
	sub A2005-52 amdt 1.267
	def board ins 2002 No 30 amdt 3.818
	om A2005-52 amdt 1.267
	def chief executive ins 2002 No 30 amdt 3.818
	om A2005-52 amdt 1.267
	def director ins 2002 No 30 amdt 3.818
	om A2005-52 amdt 1.267
	def governing board ins A2005-52 amdt 1.267
	def relevant person ins 2002 No 30 amdt 3.818
	om A2005-52 amdt 1.267

5		Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	31 May 2000	
2	Act 2001 No 44	20 December 2001	
3	Act 2002 No 30	10 October 2002	
4	A2003-12	28 March 2003	
5	A2003-12	24 December 2003	
6	A2004-9	13 April 2004	
7	A2005-52	1 January 2006	

©  Australian Capital Territory 2006