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Version No. 001 Melbourne Racing Club Act 1956 Act No. 6000/1956


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Version No. 001

Melbourne Racing Club Act 1956

Act No. 6000/1956

Version incorporating amendments as at 6 July 1999


table of provisions

Section Page



1. Short title 2

2. Definitions 2

3. Incorporation of Melbourne Racing Club 3

4. Vesting in body corporate of real and personal property of or held in trust for association 4

5. Powers of body corporate 5

6. Annual and special general meetings 7

7. Committee 8

8. Application of income and property 8

9. Application of property upon dissolution 9

10. As to existing rights, actions etc. in relation to association 9

11. Power to make vary and amend rules 10

__________________ 11



SCHEDULE 12

Lands vested in Melbourne Racing Club by
this Act 12

═══════════════ 17



ENDNOTES 18

1.General Information 18

2.Table of Amendments 19

3.Explanatory Details 20


Version No. 001

Melbourne Racing Club Act 1956

Act No. 6000/1956

Version incorporating amendments as at 6 July 1999


An Act to incorporate by the Name of Melbourne Racing Club a certain Voluntary Association formed in Melbourne under the said Name and to vest in the said Corporation certain Real and Personal Property now held on behalf of the said Voluntary Association by the Committee thereof or by Trustees and to provide for the Management of the said Corporation, and for other purposes.


Preamble
WHEREAS in the year One thousand nine hundred and forty-eight there was formed in Melbourne in the State of Victoria a certain voluntary association called "Melbourne Racing Club":

AND WHEREAS the various items of real property more particularly described in the Schedule to this Act are now held upon trust for the members for the time being of the said association and personal property of substantial value is now vested in the committee of the said association for the purposes of the said association:

AND WHEREAS the said association proposes to expend very considerable sums of money in improving the said real property and in particular in erecting upon part thereof good and substantial buildings (including grandstands) fences and other structures to enable such property to be used for the purposes of a race-course:

AND WHEREAS for the management of the affairs of the said association and the better maintenance and control of the real and personal property aforesaid and the buildings and improvements now erected or hereafter to be erected on the said real property it is expedient that the said association be incorporated by the name of "Melbourne Racing Club" and that all the real and personal property aforesaid be vested in and held by the body corporate and that all such powers and authorities as may be necessary or expedient for that purpose should be conferred upon the body corporate:



BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1. Short title



s. 1

This Act may be cited as the Melbourne Racing Club Act 1956.

2. Definitions

In this Act unless inconsistent with the context or subject-matter—

"association" means the voluntary association known as "Melbourne Racing Club";

"building" means any house out-house stand booth stable shed tent fence or other edifice or erection of any description whatsoever;

"Club" means the body corporate constituted by this Act under the name "Melbourne Racing Club";

"Committee" means the Committee for the time being of the club;

"land" includes any interest in land and any easement right or privilege in over or affecting any land;

"the body corporate" means the Melbourne Racing Club as incorporated by this Act;

"rules" means the rules made by the body corporate pursuant to this Act.

3. Incorporation of Melbourne Racing Club



s. 3

(1) There shall be a body corporate by the name of "Melbourne Racing Club" consisting of—

(i) all persons who at the date of the passing of this Act are members of the association and who continue to be members of the club; and

(ii) all persons who under and in accordance with the provisions of the rules become and continue to be members of the club.

(2) The body corporate shall have perpetual succession and a common seal and under the name aforesaid may sue and be sued prosecute and defend and take and suffer all other proceedings in all courts civil and criminal and it shall be lawful for the body corporate to purchase take on lease or licence or in exchange or otherwise acquire and to receive hold enjoy and take possession of real and personal property of any description whatsoever and also to sell grant exchange convey demise reserve or grant easements over or otherwise dispose of or deal with either absolutely or by way of mortgage charge lien or other encumbrance any of the property real or person which may at any time be vested in or otherwise belong to the body corporate and generally to exercise all powers incidental to a body corporate.


4. Vesting in body corporate of real and personal property of or held in trust for association



s. 4

(1) Upon the commencement of this Act and without any further or other authority than this Act there shall be vested in the body corporate—

S. 4(1)(a) amended by No. 18/1989
s. 13(Sch. 2 item 52(a)(i) (ii)).


(a) all the lands specified in the Schedule to this Act for an estate in fee simple subject however to the encumbrances (if any) recorded in the respective folios of the Register of the said lands or otherwise affecting the same;

(b) all other real property of whatsoever nature or tenure vested or held immediately before the commencement of this Act in or by trustees for the use or benefit of the members for the time being of the association;

(c) all personal property of whatsoever nature or description vested in or held by the committee of the association or any other person on behalf of or for the use or benefit of the association.



  1. S. 4(2) substituted by No. 18/1989
    s. 13(Sch. 2 item 52(b)).

    The Registrar of Titles must make any recordings on the folio of the Register referred to in sub-section (1)(a) that are necessary or expedient in consequence of this Act, and the holders of any relevant certificates of title must if requested to do so deliver them to the Registrar of Titles.

S. 4(3) amended by No. 18/1989
s. 13(Sch. 2 item 52(c)).


(3) Where any property vested in the body corporate under or by virtue of paragraph (b) or paragraph (c) of sub-section (1) of this section consists of land registered under the Transfer of Land Acts the Registrar of Titles upon application made to him in that behalf and upon proof of the facts relating thereto and on payment of the proper fees shall give effect in the Register to such vesting by registering the body corporate as the proprietor of such land.

5. Powers of body corporate



s. 5

In addition to the powers otherwise conferred upon it by this Act the body corporate is hereby empowered and authorized—

(a) to carry on the business of race-course proprietor and for that purpose to lay out and prepare lands for the conduct of horse pony dog and greyhound races of every kind, coursing, drilling and reviewing of troops and for all kinds of athletic sports games and competitions including cricket football bowls golf hockey baseball tennis polo agricultural horse dog flower and other shows exhibitions and competitions and other forms of amusement recreation and entertainment and to promote hold and conduct or assist in holding or conducting all or any of the same and to utilize the property of the club for all or any of the said purposes and to give or contribute towards prizes cups stakes or other rewards;

(b) to use and maintain for all or any of the purposes aforesaid any lands and any other property of whatsoever description which may from time to time be vested in or under the control or in the possession of the club;

(c) from time to time to build or erect upon any of the lands aforesaid all such buildings as may in the opinion of the committee be necessary or expedient for or in connexion with all or any of the purposes aforesaid and to maintain repair and demolish any such buildings as occasion may require;

(d) to carry on business as refreshment contractors restaurant keepers and refreshment room proprietors and (subject to the provisions of the Licensing Acts) to sell and dispose of or make provision for the sale and disposal of spirituous and fermented liquors on or in any land or building for the time being vested in or in the possession or under the control of the club;

(e) to borrow or lend money with or without security and upon such terms as the committee may think fit and to invest or deal with the moneys of the club in such manner as the committee may from time to time determine;



s. 5

(f) to employ a secretary and all such other officials or employees as may in the opinion of the committee be required for any of the purposes aforesaid;

(g) from time to time to prescribe vary and take tolls and charges for admission to any land or building for the time being vested in or under the control or in the possession of the club: Provided however that members of the club shall be exempt either wholly or to such extent as is specified in the rules from payment of all or any such tolls and charges;

(h) to establish and support or aid in the establishment or support of associations institutions funds trusts and conveniences calculated to benefit employees or former employees of the club or the dependants or connexions of such persons and to grant pensions and allowances and to make payments towards insurances and to subscribe or guarantee money for charitable or benevolent objects or for any exhibition or for any public general or useful object;

(i) to enter into any arrangement or make any contract or agreement with any Government or any authority (whether statutory or otherwise) for the purpose of exercising or carrying into execution any of the powers or authorities by this Act conferred on the club and to obtain from such Government or authority any rights privileges or concessions which the club might think it desirable to obtain and to carry out exercise and comply with any such arrangement contract right privilege or concession;

(j) to do all such acts and things as may be incidental or conducive to the exercise of any power or authority conferred on the club by this Act.

6. Annual and special general meetings



s. 6

(1) In each calendar year there shall be one general meeting (called the "annual general meeting") at which (subject to any provision to the contrary contained in the rules) all members of the club shall be entitled to be present and to vote. There shall be transacted at such meeting all such business as is prescribed in that behalf by the rules.

(2) Special general meetings may be summoned from time to time in the manner and for the purposes specified in the rules.

7. Committee

(1) The business and affairs of the club shall be managed and controlled by a committee to be elected in manner hereinafter appearing and such committee is hereby authorized to exercise all powers and authorities conferred by this Act on the club.

(2) Unless otherwise determined at a general meeting of the members of the club the committee shall consist of ten members.

(3) Members of the committee shall be elected at the annual general meeting of the club in accordance with the provisions of the rules: Provided always that any casual vacancy may, if the committee thinks fit, be filled at an election to be held at a special general meeting called by the committee for that purpose.

8. Application of income and property


s. 8

The income and property of the club, whencesoever derived, shall be applied solely towards the promotion of the objects of the club and no portion thereof shall be paid or transferred directly or indirectly by way of dividend bonus or otherwise howsoever by way of profit to members of the club.

9. Application of property upon dissolution

If at any time the club is dissolved and upon its dissolution there remains after satisfaction of all its debts and liabilities any property whatsoever, that property shall not be paid or distributed amongst the members of the club but shall be given or transferred with the sanction of the Governor in Council—

(a) to some racing club or other club having similar objects carrying on in Victoria to be determined by members of the club at or before the time of dissolution; or

(b) if the members so determine, to some charitable institution or institutions carrying on in Victoria—

the constitution or rules of which club or institution or of each of which institutions prohibit the distribution of its income and property amongst its members.

10. As to existing rights, actions etc. in relation to association


s. 10

All contractual and other rights of any kind whatsoever and all actions suits and proceedings at law or in equity which immediately prior to the commencement of this Act might have been enforced commenced or continued by or against the committee of the association or any person or persons as representing the association may upon the commencement of this Act be enforced commenced or continued by or (as the case may be) against the club.

11. Power to make vary and amend rules

(1) The members of the club in general meeting assembled may from time to time make rules (not inconsistent with the provisions of this Act) with respect to all or any of the matters specified in the next succeeding sub-section and may from time to time amend or revoke all or any of such rules.

(2) Rules may be made as aforesaid for or with respect to—

(a) membership of the club including the election or admission of members (including honorary members) into the club, the expulsion of members therefrom, the payment of entrance fees and annual subscriptions, the rights and duties of members, and the cessation of membership;

(b) the election or appointment of the committee, the filling of casual vacancies, the tenure of office of members of the committee, and the election of a chairman and vice chairman of the committee;

(c) the calling and holding of the annual general meeting or of special general meetings of members of the club, the procedure and proceedings thereat, and the business to be transacted thereat;


s. 11

(d) the making of by-laws by the committee for all or any of the purposes specified in that behalf in the rules;

(e) the making or adoption of rules of racing under which the club shall conduct race meetings.

(3) Every member of the club shall be bound by and shall observe all rules and by-laws which are made or are in force under the provisions of this section.

(4) The rules and by-laws of the association in force immediately prior to the commencement of this Act shall (except so far as the same are inconsistent with the provisions of this Act) continue to be the rules and by-laws of the club until the same are amended or revoked in manner provided by this section.

__________________

Sch.
amended by No. 18/1989
s. 13(Sch. 2 item 52(d)).

SCHEDULE

Lands vested in Melbourne Racing Club by
this Act


Sch.




Registered

Crown

Section or







Subdivision

Folio of the Register

Proprietors

Allotment

Portion

Parish

County

Lot No.

Plan No.

Volume

Folio

Patrick Kennedy of 85 Budd-street, Collingwood, Gentleman

Part B 

Part 11 

12

Dandenong

Bourke

. .

. .

7092

394


William Pulteney Mein of
482 St. Kilda-road, Melbourne, Grazier; Stanley George Garnsworthy of 8 Strand, Williamstown, Secretary; Bernard Nolan of 595 Bourke-street, Melbourne, Solicitor; and Patrick Kennedy of 85 Budd-street, Collingwood, Gentleman

. .

10

Dandenong

Bourke

. .

. .

6638

536

William Pulteney Mein of
482 St. Kilda-road, Melbourne, Grazier and Stanley George Garnsworthy of
8 Strand, Williamstown, Secretary

Part B 

Part 11 

12

10 at
Springvale



Dandenong

Dandenong



Bourke

Bourke


. .

. .


. .

. .


2972

3009


249

643


William Pulteney Mein of
482 St. Kilda-road, Melbourne, Grazier and Stanley George Garnsworthy of
8 Strand, Williamstown, Secretary

A

12

Dandenong

Bourke

70, 71

4817

7973

114

William Pulteney Mein of
482 St. Kilda-road, Melbourne, Grazier and Stanley George Garnsworthy of
8 Strand, Williamstown, Secretary

D

12

10


Dandenong

Bourke

7, 8, 9, 13, 39, 40, 41, 75, 82, 98 and 101

28


9395

12207


8094

5544
6764


7143
7143
5796
5460
5403
6930
6742
4796

800

745
722


426
425
195
969
474
855
296
131

Registered

Crown

Section or







Subdivision

Folio of the Register

Proprietors

Allotment

Portion

Parish

County

Lot No.

Plan No.

Volume

Folio

Leonard Roberts Stillman and Clifford William Plumpton Wilson, both of 422 Little Collins-street, Melbourne, Solicitors

D

12

Dandenong

Bourke

4, 5, 6, 10, 11, 14, 17, 18, 19, 20, 23, 24, 26, 33, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 73, 74, 76, 77, 78, 79, 81, 83, 84, 85, 86, 92, 93, 94, 95, 96, 97, 99, 100, 102, 105 and 106

9395

7414
6158
5448
6915
4796
5558
7414
7222
7143
8007
7143
5145
7143
7540
5403
7887
7883
5693
7045
5381
5381
7648
8069
5392
7143
7143
5448
6808
7180
5602
5403
7359
7359
7414
5392
7143
5497
5436
7461
7143

730
458
435
927
130
598
729
380
421
143
424
995
418
188
472
187
194
483
951
053
054
121
920
334
428
423
434
513
979
362
473
663
664
728
335
419
290
101
120
427

Sch.




Robert Vivian Gove of 5 Moralla- road, Kooyong, Grazier and Thomas Symington Carolyn of 618 Toorak-road, Toorak, Company Director

D

12

Dandenong

Bourke

87

9395

5173

444

William Pulteney Mein of
482 St. Kilda-road, Melbourne, Grazier and Stanley George Garnsworthy of 8 Strand, Williamstown, Secretary

D

12

Dandenong

Bourke

1, 2, 5, 29, 32 and 36

10180

6742
7143

5656
7143


7363
5187

295
410

078
413


434
274



























Registered

Crown

Section or







Subdivision

Folio of the Register

Proprietors

Allotment

Portion

Parish

County

Lot No.

Plan No.

Volume

Folio

Leonard Roberts Stillman and Clifford William Plumpton Wilson, both of 422 Little Collins-street, Melbourne, Solicitors

. .

. .

Dandenong

Bourke

30, 31, 33, 34, 35, and 37

10180

7143
8000
4958
5503
7143
7143

408
182
559
558
416
417

Sch.




Robert Vivian Gove of 5 Moralla-road, Kooyong, Grazier and Thomas Symington Carolyn of 618 Toorak-road, Toorak, Company Director

. .

10

Dandenong

Bourke

114, 115, 119, 120, 121, 122, 123, 124, 125, 126, 127, 153, 154, 155, 156, 157, 164, 169, 170,174, 175, 179, 180, 181, 182, 183, 196, 199, 201, 202, 206, 207, 209, 210, 213, 214, 216, 217, 218, 219, 222, 225, 226, 228, 229, 230, 231, 235, 240, 241, 252, 253, 254, 266, 269, 280, 408

12207

7948
7804
5980
7968
7919
7805
6869
7878
7965
7969
7969
7969
7925
7415
7372
7493
5612
5612
7029
7817
5631
6003
6005
7809
5743
7817
6930
6930
5786
6003
7424
6930
8031
7969
7969
7709
6403
5738

136
181
909
096
005
076
615
089
134
062
061
059
161
856
279
011
317
319
666
045
013
585
883
025
596
044
848
849
175
584
707
850
322
060
065
058
423
522



























Registered

Crown

Section or







Subdivision

Folio of the Register

Proprietors

Allotment

Portion

Parish

County

Lot No.

Plan No.

Volume

Folio

Leonard Roberts Stillman and Clifford William Plumpton Wilson, both of 422 Little Collins-street, Melbourne, Solicitors

. .

10

Dandenong

Bourke

116, 117, 118, 128, 150, 151, 152, 159, 163, 185, 186, 187, 188, 189, 191, 192, 193, 194, 195, 197, 198, 200, 203, 204, 205, 215, 220, 221, 223, 224, 227, 233, 234, 236, 237, 238, 239, 248, 249, 250, 251, 255, 256

12207

8033
8033
7912
5631
6383
5864
5612
7969
7422
5612
7601
5621
7969
7817
7925
5646
7601
5612
6844
7915
5535
5706
5535
5727
5785
6843
6844
6488
5853
5943
5612

035
036
161
015
563
673
323
064
340
321
195
098
063
048
162
108
194
318
776
064
899
094
902
349
818
448
777
525
520
541
320

William Pulteney Mein of
482 St. Kilda-road, Melbourne, Grazier and Stanley George Garnsworthy of 8 Strand, Williamstown, Secretary

. .

. .

Dandenong

Bourke

28, 208, 211, 212, 242, 243, 244, 245, 246, 247, 257, 258, 259, 260

12207

6856
7957
7525
5535
5745
6488
7232
5631
6240

096
128
114
902
598
524
206
014
830

Sch.




Andrew Ammel Ericksen of Balmoral-avenue, Springvale, Cartage Contractor

. .

10 at Springvale

Dandenong

Bourke

111, 112, and 113

12207

5865
7693

850
136

George Dominic O'Loughlin of Osborne, via Mornington, School Teacher

. .

10 at Springvale

Dandenong

Bourke

184

12207

5535

902

Robert James Culverell Burns of 8 Glyndon-avenue, Brighton, Accountant

. .

13

13


Dandenong

Dandenong



Bourke

Bourke


168, 171, and 172

3, 4, 5, 6, 23, 24, 29, 30, and 31



16947

17712


7197
7910
7143
7871
7871
7197
7871

202
022
451
002
003
211
004



























Registered

Crown

Section or







Subdivision

Folio of the Register

Proprietors

Allotment

Portion

Parish

County

Lot No.

Plan No.

Volume

Folio

William Pulteney Mein of
482 St. Kilda-road, Melbourne, Grazier; Stanley George Garnsworthy of 8 Strand, Williamstown, Secretary; and Bernard Nolan of 595 Bourke-street, Melbourne, Solicitor

A

12

Dandenong

Bourke

1 and 2

18775

7595

065

═══════════════


Sch.


ENDNOTES



  1. General Information


Endnotes
The Melbourne Racing Club Act 1956 was assented to on 16 October 1956 and came into operation on 16 October 1956.

  1. Table of Amendments


Endnotes
This Version incorporates amendments made to the Melbourne Racing Club Act 1956 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



Transfer of Land (Computer Register) Act 1989, No. 18/1989

Assent Date:

16.5.89

Commencement Date:

3.2.92: Government Gazette 18.12.91 p. 3488

Current State:

All of Act in operation

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

  1. Explanatory Details


Endnotes
No entries at date of publication.







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