Version No. 020 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Version incorporating amendments as at 19 May 2011 TABLE OF PROVISIONS Section Page PART I—PRELIMINARY 1 2 3 4 1 Short title Commencement Definitions The Chinatown Historic Precinct PART II—CHINATOWN HISTORIC PRECINCT COMMITTEE 5 6 7 8 9 10 Chinatown Historic Precinct Committee Conditions of membership of the Committee Acting members Proceedings of the Committee Pecuniary interests Staff of the Committee PART III—DEVELOPMENT AND MANAGEMENT OF THE PRECINCT 11 12 13 14 15 16 17 18 19 20 21 Powers and functions of the Committee General powers of the Council Delegation Conservation and enhancement of the precinct Regulation of vehicles Local laws Fees Borrowings Separate rates Chinatown Historic Precinct Fund Grants and loans i 1 1 1 2 4 4 5 7 7 8 9 10 10 10 11 11 12 15 16 16 16 17 18 Section Page PART IV—MISCELLANEOUS 22 23 24 25 20 Power to accept donations etc. No compensation payable Sale of land abutting Little Bourke-street Amendment of the Melbourne (Widening of Streets) Act 1940 __________________ SCHEDULE—Provisions with Respect to Pecuniary Interests 1 2 Disclosure of pecuniary interests Register of interests ═══════════════ 20 20 20 22 23 23 27 ENDNOTES 30 1. General Information 30 2. Table of Amendments 31 3. Explanatory Details 33 ii Version No. 020 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Version incorporating amendments as at 19 May 2011 An Act to provide for the operation management development and promotion of Little Bourke Street between Exhibition Street and Swanston Street as the Chinatown Historic Precinct, to establish the Chinatown Historic Precinct Committee, to amend the Melbourne (Widening of Streets) Act 1940, and for other purposes. BE IT 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): PART I—PRELIMINARY 1 Short title This Act may be cited as the Chinatown Historic Precinct Act 1984. 2 Commencement This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette. 3 Definitions In this Act, unless inconsistent with the context or subject-matter— Committee means the Chinatown Historic Precinct Committee established under this Act; 1 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part I—Preliminary s. 4 council means the council of the City of Melbourne; fund means the fund established under section 20; precinct means the Chinatown Historic Precinct established under section 4. 4 The Chinatown Historic Precinct (1) There shall be a Chinatown Historic Precinct which subject to this section shall be comprised of— (a) Little Bourke-street between Exhibitionstreet and Swanston-street in the City of Melbourne; (b) all the streets roads highways alleys thoroughfares lanes squares courts or passages (but not including Swanston-street Bourke-street Russell-street Lonsdale-street or Exhibition-street) on the land bounded by— (i) Swanston-street Bourke-street Russellstreet and Little Bourke-street in the City of Melbourne; (ii) Swanston-street Lonsdale-street Russell-street and Little Bourke-street in the City of Melbourne; (iii) Russell-street Bourke-street Exhibitionstreet and Little Bourke-street in the City of Melbourne; and (iv) Russell-street Lonsdale-street Exhibition-street and Little Bourkestreet in the City of Melbourne— whether or not those streets roads highways alleys thoroughfares lanes squares courts or passages or any of them are or is dedicated to the public as a public highway within the 2 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part I—Preliminary s. 4 meaning of any law now or hereafter in force; and (c) any land declared under subsection (2) to be part of the precinct. (2) The Governor in Council may by Order published in the Government Gazette declare any land described in the Order to be part of the precinct and on and from the day on which the Order is so published the land shall be part of the precinct. (3) The Governor in Council may in the like manner revoke in whole or in part any Order under subsection (2) and on the day on which an Order under this subsection is published in the Government Gazette the land described in the Order under this subsection shall cease to be part of the precinct. _______________ 3 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part II—Chinatown Historic Precinct Committee s. 5 PART II—CHINATOWN HISTORIC PRECINCT COMMITTEE 5 Chinatown Historic Precinct Committee (1) There shall be a Chinatown Historic Precinct Committee. (2) The Committee shall consist of 12 members appointed by the Governor in Council, of whom— (a) one shall be a councillor of the Council nominated by the Council, being a councillor elected in respect of a Ward of the City of Melbourne within which the precinct or part of the precinct is situated; (b) one shall be an officer of the Council or another councillor nominated by the Council; S. 5(2)(c) amended by No. 81/1992 s. 10(3). (c) two shall be nominated by the Chairman of Tourism Victoria; (d) two shall be nominated by the Minister for Planning and Environment, of whom one shall be a person who has experience in relation to the conservation of historic buildings; (e) three shall be nominated by the Federation of Chinese Associations, of whom at least one shall be a member of the Chinese Professional and Businessmen's Association; and (f) three shall be nominated by the Melbourne Chinatown Association, of whom at least one shall be a person involved in or employed by a business carried on on rateable property in the vicinity of the precinct. 4 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part II—Chinatown Historic Precinct Committee s. 6 (3) Where any body or person referred to in subsection (2) fails to make a nomination within two months after being requested in writing by the Minister to do so, the Governor in Council may appoint any person considered suitable and any person so appointed shall be deemed to have been nominated by the body or person who failed to make the nomination. (4) The Governor in Council shall appoint one of the members of the Committee nominated under subsection (1)(a), (b), (c) or (d) to be Chairman of the Committee. (5) In this section, rateable property means property within the City of Melbourne that is rateable property within the meaning of Part 8 of the Local Government Act 1989. 6 Conditions of membership of the Committee (1) A member of the Committee shall— (a) be appointed for the period not exceeding five years specified in the instrument of appointment and be eligible to be reappointed for further periods each not exceeding five years as specified in the instrument of re-appointment; (b) (not being an officer of the Council or a person employed by or on behalf of the Crown or any public statutory authority) be entitled to be paid the remuneration (if any) fixed from time to time by the Governor in Council; and (c) be entitled to be paid the travelling and other allowances (if any) fixed from time to time by the Governor in Council. 5 S. 5(5) amended by No. 125/1993 s. 33(a). Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part II—Chinatown Historic Precinct Committee s. 6 S. 6(2) amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 31), 80/2006 s. 26(Sch. item 13). (2) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Committee in respect of the office of member. (3) The Governor in Council may at any time remove from office any member of the Committee. (4) A member of the Committee may resign by writing delivered to the Governor in Council. (5) The Minister may grant leave of absence to a member of the Committee on such terms and conditions as the Minister determines. (6) The office of a member of the Committee shall become vacant— (a) if the member is removed from office pursuant to subsection (3); (b) if the member resigns in accordance with subsection (4); (c) if the member is absent from four consecutive meetings of the Committee without leave under subsection (5); (d) if the member becomes bankrupt or insolvent; (e) if the member is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; (f) at the expiration of the term of appointment of the member; 6 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part II—Chinatown Historic Precinct Committee s. 7 (g) if the member becomes incapable of performing the duties of a member of the Committee; or (h) if the member dies. 7 Acting members (1) Where any member of the Committee is temporarily unable to perform the duties of a member of the Committee or has been granted leave of absence under section 6(5), the Governor in Council may upon the nomination of the body or person who nominated that member appoint a person to act in the place of that member during the period of inability or absence. (2) A person appointed under this section to act in the place of a member shall while so acting— (a) have all the rights and powers and perform all the duties of the member; (b) (not being an officer of the Council or a person employed by or on behalf of the Crown or any public statutory authority) be entitled to be paid the remuneration (if any) fixed from time to time by the Governor in Council; and (c) be entitled to be paid the travelling and other allowances (if any) fixed from time to time by the Governor in Council. (3) The Governor in Council may at any time revoke any appointment under this section. 8 Proceedings of the Committee (1) Subject to this Act, the Committee may regulate its own proceedings. (2) The Committee shall meet at the times and places fixed by the Chairman. 7 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part II—Chinatown Historic Precinct Committee s. 9 (3) The Chairman shall preside at a meeting of the Committee at which the Chairman is present and if the Chairman is not present the members present shall elect one of their number to preside. (4) A majority of the members of the Committee shall constitute a quorum. (5) Subject to the presence of a quorum the Committee may act notwithstanding any vacancy in its membership. (6) The powers and functions of the Committee may be exercised in accordance with a majority of votes of the members present at any meeting and in the event of an equality of votes the person presiding shall have an additional or casting vote. (7) An act or decision of the Committee shall not be invalid by reason only of— (a) a defect or irregularity in or in connexion with the appointment of a member; (b) a vacancy in the membership of the Committee including a vacancy arising because of the failure to appoint an original member; or (c) in the case of a person appointed to act in the place of a member, on the ground that the occasion for so acting had not arisen or had ceased. 9 Pecuniary interests The provisions of the Schedule shall apply to and in relation to the Committee and the members of the Committee. 8 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part II—Chinatown Historic Precinct Committee s. 10 10 Staff of the Committee (1) The Council may provide an officer of the Council to be the Secretary to the Committee. (2) With the approval of the Council, the Committee may make use of any person in the service of the Council for the purposes of the exercise and performance by the Committee of its powers and functions. _______________ 9 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part III—Development and Management of the Precinct s. 11 PART III—DEVELOPMENT AND MANAGEMENT OF THE PRECINCT 11 Powers and functions of the Committee (1) The Committee may make recommendations to the Council with respect to any matter relating to the precinct, whether or not that matter is provided for by or under this Act. (2) The Committee shall have and may exercise and perform the powers and functions delegated to it by the Council under section 13. 12 General powers of the Council S. 12(1) amended by No. 125/1993 s. 33(b). (1) In addition to any powers it may have in respect of the precinct pursuant to this Act, the Local Government Act 1989 or any other Act, the Council may upon the recommendation of the Committee do and shall have power to do all things necessary for or incidental to— (a) the operation management and development of the precinct; and (b) the promotion of the precinct both within and outside the precinct. S. 12(2) amended by No. 74/2000 s. 3(Sch. 1 item 20). (2) The Council may in writing request the Committee to make a recommendation with respect to any thing which the Council is empowered to do in relation to the precinct pursuant to this Act, the Local Government Act 1989 or any other Act. (3) Where the Committee fails within two months after a request is made under subsection (2) to make a recommendation or to determine not to make a recommendation, the Council may notwithstanding anything to the contrary in this Act do the thing to which the request relates as if the Committee had made a recommendation in the terms of the request. 10 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part III—Development and Management of the Precinct s. 13 13 Delegation Subject to and in accordance with section 86 of the Local Government Act 1989, the Council may from time to time by resolution delegate to the Committee, as if it were a Committee to which section 86 of the Local Government Act 1989 applies, any power or function of the Council with respect to the operation management development and promotion of the precinct other than— S. 13 amended by No. 125/1993 s. 33(c)(i)(ii). (a) this power of delegation; (b) a power or function that may not be delegated by a council under section 86 of the Local Government Act 1989; or (c) an application for the approval or consent under this Act of a Minister. 14 Conservation and enhancement of the precinct (1) Upon the recommendation of the Committee, the Council may in writing request the owner of any land abutting or within the precinct to carry out works to or alter or decorate the land or any building or other structure permanently affixed to the land in order to render the external appearance of the land or building or structure consistent with the character of the precinct, but nothing in this Act shall be deemed or taken to require the owner to carry out the works or alteration or decoration. (2) For the purposes of subsection (1), a grant or loan from the Fund may in accordance with section 21 be made to defray wholly or in part the costs of carrying out any works or alteration or decoration. 11 S. 13(b) amended by No. 125/1993 s. 33(c)(ii). Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part III—Development and Management of the Precinct s. 15 (3) For the purposes of subsection (1), the Council may upon the recommendation of the Committee issue guidelines in relation to works to or alteration or decoration of land or any building or other structure permanently affixed to land and any such guidelines may include recommendations as to materials colours and finishes. (4) Where pursuant to any Act or any regulation rule by-law order scheme or other instrument made pursuant to any Act the Council receives any application for permission or approval for the carrying out of any works to or the alteration or decoration of any land abutting or within the precinct or any building or other structure permanently affixed to any such land, the Council shall if practicable refer that application to the Committee for the Committee's comments before the Council makes any determination in relation to that application. (5) The Committee shall send any comments on any application referred to it under subsection (4) to the Council within 21 days after the application was referred. S. 14(6) substituted by No. 125/1993 s. 33(d). (6) In this section, owner in relation to any land, means the person who is entitled to receive the rack-rent for the land or who, if the land were let at a rack-rent, would be entitled to receive the rent. 15 Regulation of vehicles (1) Upon the recommendation of the Committee the Council may by order published in the Government Gazette prohibit or restrict the entry of vehicles to the precinct. 12 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part III—Development and Management of the Precinct s. 15 (2) An order under subsection (1) shall specify— (a) the points at which vehicles will be prevented from entering the precinct; and (b) the times during which vehicles generally or vehicles of a particular class or used by persons of a particular class or used in particular circumstances shall not be permitted to enter the precinct and the times (if any) during which such vehicles may enter and remain in the precinct. (3) An order under subsection (1) may in the like manner be varied or revoked. (4) An order under subsection (1) or (3) may specify the day on which it comes into operation, being a day not earlier than the day of publication, but if an order does not specify the day on which it comes into operation it shall come into operation on the day on which it is published. (5) A person shall not allow a vehicle to enter or remain in the precinct in contravention of an order under subsection (1) except in accordance with a permit under subsection (6). Penalty: 5 penalty units. (6) The Council may upon the recommendation of the Committee or an officer of the Council authorized in that behalf by the Council may grant to any person a permit for a vehicle to enter and remain in the precinct for the purposes and for the period and subject to the conditions (if any) specified in the permit. (7) The Council may upon the recommendation of the Committee or an officer of the Council authorized in that behalf by the Council may vary or revoke a permit under subsection (6). 13 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part III—Development and Management of the Precinct s. 15 (8) A person shall not allow a vehicle to which a permit under subsection (6) applies to enter or remain in the precinct in contravention of the permit. Penalty: 5 penalty units. (9) Subsections (5) and (8) do not apply to or in relation to an ambulance fire brigade vehicle police vehicle or other vehicle the entry of which to and presence of which in the precinct is necessary or desirable because of an emergency. S. 15(10) amended by No. 85/1998 s. 24(Sch. item 10(a)). S. 15(11) substituted by No. 18/1989 s. 13(Sch. 2 item 14), repealed by No. 85/1998 s. 24(Sch. item 10(b)). S. 15(11A) inserted by No. 18/1989 s. 13(Sch. 2 item 14). S. 15(12) amended by No. 125/1993 s. 33(e)(i). (10) On the coming into operation of an order under subsection (1) or (3) the Council shall submit to the Registrar of Titles a copy of the order together with notice in writing of the relevant title particulars of land abutting the precinct which has appurtenant rights of carriageway over the precinct. * * * * * (11A) The Registrar of Titles must, upon the receipt of notices under subsection (10), make such recordings in the Register as are deemed necessary without fee. (12) The Council shall have in relation to the precinct the same responsibilities as it has under the Local Government Act 1989 in relation to a street or road within the meaning of that Act, and all powers and rights in relation to such streets or roads conferred on or given to the Council by that or any other Act or any regulations made under that or any other Act may upon the 14 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part III—Development and Management of the Precinct s. 16 recommendation of the Committee be exercised by the Council in relation to the precinct. (12A) The Council has in relation to the precinct the same responsibilities as it has as a road authority under the Road Management Act 2004 in relation to a road within the meaning of that Act and all powers and rights in relation to roads conferred or given to a Council as a road authority by that Act or any regulations made under that Act may upon the recommendation of the Committee be exercised by the Council in relation to the precinct. S. 15(12A) inserted by No. 12/2004 s. 152(1). (13) The Council may upon the recommendation of the Committee place or maintain or cause or permit to be placed or maintained obstructions or barriers in the precinct for the purposes of this section. * * * * * (15) For the purposes of any proceedings in respect of offences against the Transport (Compliance and Miscellaneous) Act 1983, the Road Safety Act 1986, the Road Management Act 2004 or any regulation made under any of those Acts the precinct shall be deemed to be a street or road within the meaning of the Local Government Act 1989. S. 15(14) repealed by No. 125/1993 s. 33(e)(ii). S. 15(15) amended by Nos 127/1986 s. 102(Sch. 4 item 2), 125/1993 s. 33(e)(i), 12/2004 s. 152(2), 6/2010 s. 203(1) (Sch. 6 item 7) (as amended by No. 45/2010 s. 22). 16 Local laws (1) The Council may upon the recommendation of the Committee make local laws regulating controlling or prohibiting any activity in or in public places in the vicinity of the precinct that is, in the opinion of the Council, likely to adversely affect the use or enjoyment of the precinct. 15 S. 16(1) amended by No. 125/1993 s. 33(f)(i). Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part III—Development and Management of the Precinct s. 17 S. 16(2) amended by No. 125/1993 s. 33(f)(ii)(iii). S. 16(3) amended by No. 125/1993 s. 33(f)(ii)(iv). (2) Any local law to be made pursuant to subsection (1) shall be made as if the making thereof were authorized by Part 5 of the Local Government Act 1989. (3) Any local law made pursuant to subsection (1) shall be deemed for all purposes under the Local Government Act 1989 to be a local law made pursuant to that Act. 17 Fees The Council may upon the recommendation of the Committee fix vary or revoke fees or charges for the use of the precinct or any part of the precinct for any display activity or entertainment or for any service provided or permit issued or granted for or in connexion with the precinct. 18 Borrowings S. 18(1) amended by No. 125/1993 s. 33(g). (1) Upon the recommendation of the Committee, the Council may subject to and in accordance with the Local Government Act 1989 borrow money for the purposes of operating managing developing and promoting the precinct. (2) The power conferred by subsection (1) is in addition to and not in derogation of any other power which the Council may have under any other Act to borrow money. 19 Separate rates S. 19(1) amended by No. 125/1993 s. 33(h)(i). (1) Upon the recommendation of the Committee, the Council may for the purpose of collecting money to be applied for the purposes of this Act make and levy a rate in respect of rateable land within the meaning of the Local Government Act 1989 which abuts the precinct or is on the land bounded by the streets referred to in section 4(1)(b)(i)(ii)(iii) and (iv). 16 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part III—Development and Management of the Precinct s. 20 (2) A rate under subsection (1) is to be a special rate under section 163 of the Local Government Act 1989 and the provisions of that Act that apply to special rates and sections 12(5) to (9) of the Local Government (Consequential Provisions) Act 1989 apply to the rate. (3) Notwithstanding anything to the contrary in the Local Government Act 1989, section 171 of that Act shall apply to and in relation to a rate under subsection (1). S. 19(2) substituted by No. 125/1993 s. 33(h)(ii). S. 19(3) amended by No. 125/1993 s. 33(h)(iii). 20 Chinatown Historic Precinct Fund (1) For the purposes of this Act there shall be a fund to be called the Chinatown Historic Precinct Fund. (2) The Council shall establish and maintain an account to be used for the purposes of the Fund and that account shall be kept separately from any other account established and maintained by the Council. (3) There shall be paid into the Fund all moneys received by the Council and all moneys collected or borrowed by the Council under this Act. (4) Moneys held in the Fund which are not for the time being required for the purposes of this Act may with the approval of the Minister be invested by the Council in such securities as the Treasurer from time to time approves and any interest earned by investments shall be credited to the Fund. (5) Moneys standing to the credit of the Fund may upon the recommendation of the Committee be applied— (a) in payment of the cost of operating managing developing and promoting the precinct; 17 S. 20(3) amended by No. 31/1994 s. 3(Sch. 1 item 9(a)(b)). Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part III—Development and Management of the Precinct s. 21 (b) in payment of any expenses incurred in the administration of the Fund or of this Act; (c) in payment of remuneration and allowances payable under this Act to members or acting members of the Committee; (d) in repayment of money borrowed under this Act by the Council and in payment of any charges or interest thereon; (e) in making loans and grants under this Act; and (f) in any other way authorized by this Act. S. 20(6) amended by No. 125/1993 s. 33(i)(i). (6) A payment out of the Fund shall not be made except in the manner specified in section 13A of the Melbourne and Geelong Debentures and Inscribed Stock Act 1932 (as in force immediately before the commencement of Item 43 of Schedule 1 to the Local Government (Consequential Provisions) Act 1989). S. 20(7) amended by No. 125/1993 s. 33(i)(ii). (7) The Fund shall be audited at least once in each municipal financial year in accordance with the Local Government Act 1989. (8) A statement of the transactions of the Fund shall be shown separately in the annual statement of accounts of the Council. (9) The Council shall comply with any requirements made by the Minister in relation to the maintaining of the Fund. 21 Grants and loans (1) The Council may upon the recommendation of the Committee and with the approval of the Minister make a grant or loan from the Fund as provided in section 14(2) or for the purpose of defraying wholly or in part the sale price of land to be sold pursuant to section 24. 18 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part III—Development and Management of the Precinct s. 21 (2) Subject to subsection (3), a grant or loan may be made subject to such conditions as are considered appropriate. (3) A loan made by the Council shall— (a) bear interest at the rate for the time being fixed by the Treasurer generally for the purposes of this section; or (b) if the Treasurer so approves— (i) bear interest at such rate as may be fixed by the Treasurer in respect of that loan; or (ii) not bear interest. _______________ 19 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part IV—Miscellaneous s. 22 PART IV—MISCELLANEOUS 22 Power to accept donations etc. The Council may for the purposes of this Act— (a) accept any absolute donation, gift, devise or bequest of real or personal property; or (b) accept any donation, gift, devise or bequest of real or personal property subject to any trust the objects of which are not substantially different from the purposes of this Act and carry out and give effect to the objects of any such trust. 23 No compensation payable No compensation shall be payable in respect of any act matter or thing done or authorized permitted required or directed to be done under any provision of this Act. 24 Sale of land abutting Little Bourke-street (1) The Council may upon the recommendation of the Committee sell any land vested in the City of Melbourne, acquired for the purposes of the Melbourne (Widening of Streets) Act 1940 and abutting Little Bourke-street between Exhibitionstreet and Swanston-street in the City of Melbourne. (2) Land to be sold pursuant to subsection (1) may be sold only to the owner of land abutting that land. (3) The sale price of land to be sold pursuant to subsection (1) shall be based upon the current market value of the land as determined by the Valuer-General at a date not more than six months prior to the date of sale. 20 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part IV—Miscellaneous s. 24 (4) The reasonable expenses incurred by the ValuerGeneral in making a valuation for the purposes of this section shall be paid out of the town fund of the City of Melbourne. (5) The proceeds of any sale pursuant to this section shall be paid into the town fund of the City of Melbourne. (6) Upon the registration of any transfer or the execution of any conveyance in respect of land sold pursuant to this section all rights of carriageway over the land shall cease and determine. (7) Notwithstanding subsection (6), where immediately before the registration of any transfer or execution of any conveyance in respect of land sold pursuant to this section a public statutory corporation had or possessed in respect of the land (whether by virtue of any easement or grant or by force of any Act) any right title power authority or interest to which this subsection applies, the public statutory corporation shall continue thereafter to have and possess in respect of the land the same right title power authority or interest. (8) Subsection (7) applies to any right title power authority or interest in land with respect to or in connexion with any drains pipes wires or cables laid or erected in on or over the land or a part of the land for the purpose of drainage or sewerage or for the supply of water gas or electricity or for telegraph or telephone or other like purpose. (9) On and from the registration of any transfer or the execution of any conveyance in respect of land sold pursuant to this section, the Melbourne (Widening of Streets) Act 1940 and any by-laws made pursuant to that Act shall cease to apply to or in relation to that land. 21 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Part IV—Miscellaneous s. 25 S. 24(10) substituted by No. 125/1993 s. 33(j). No. 4760. (10) In subsection (2), owner means the person who is entitled to receive the rack-rent for the land or who, if the land were let at a rack-rent, would be entitled to receive the rent. 25 Amendment of the Melbourne (Widening of Streets) Act 1940 In the Schedule to the Melbourne (Widening of Streets) Act 1940 for the words "Little Bourkestreet" there shall be substituted the words "Little Bourke-street between Spring-street and Exhibition-street and between Swanston-street and Spencer-street''. __________________ 22 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Sch. SCHEDULE S. 9 PROVISIONS WITH RESPECT TO PECUNIARY INTERESTS 1 Disclosure of pecuniary interests (1) If a member of the Committee has any direct or indirect pecuniary interest in any contract or proposed contract or in any other matter in which the Committee is concerned and is present at a meeting of the Committee at which the contract proposed contract or matter is being considered, the member shall as soon as practicable after the commencement of the meeting declare that interest and leave the meeting room until debate and voting on the contract proposed contract or matter has concluded. (2) A member of the Committee shall not be entitled to vote on any question in which the member has a direct or indirect pecuniary interest and the vote of any member so interested shall be disallowed. (3) For the purposes of this clause, a person shall be treated as having an indirect pecuniary interest in a contract proposed contract or other matter if— (a) the person or the person's nominee is a member of a company or other body with which the contract is made or is proposed to be made or which has a direct or indirect pecuniary interest in the contract proposed contract or other matter under consideration; or 23 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Sch. (b) the person is a partner of or is in the employment of a person with whom the contract is made or is proposed to be made or who has a direct or indirect pecuniary interest in the contract proposed contract or other matter under consideration. (4) Notwithstanding subclause (3), a person who is a member of a company or other body shall not, by reason only of that membership, be treated as being so interested if the person has no beneficial interest in any shares of that company or other body. (5) Where a member of the Committee has an indirect pecuniary interest in any contract proposed contract or other matter and would not be treated as having such an interest but for the fact that the member has a beneficial interest in shares of a company or other body and the nominal value of those shares does not exceed $1000 or 1/100th of the total nominal value of the issue share capital of the company or body (whichever is the less) so much of subclauses (1) and (2) as preclude the member from taking part in the consideration or discussion of or voting or any question with respect to the contract proposed contract or other matter shall not apply to the member. (6) Where the share capital of a company or other body is of more than one class, subclause (5) shall not apply if the total nominal value of all the shares of any one class in which the member has a beneficial interest exceeds 1/100th of the total nominal value of the issued share capital of that class of the company or other body. 24 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Sch. (7) In the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purposes of this clause to be also an interest of that other spouse. (8) A notice given in writing under clause 2 to the Chairman of the Committee by a member of the Committee to the effect that the member or the member's spouse is a member of or is in the employment of a specified company or other body or that the member or the member's spouse is a partner of or is in the employment of a specified person shall, until the notice is withdrawn, be deemed to be a sufficient disclosure of the member's interest in any contract proposed contract or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice. (9) The Chairman of the Committee shall cause to be recorded in the register under clause 2 particulars of any declaration of interest made under subclause (1). (10) A person who fails to comply with subclause (1) or (2) shall be guilty of an offence against this Act unless the person's disability is removed under subclause (11) or the person proves that the person did not know— (a) that the person had a pecuniary interest in the contract proposed contract or other matter; or (b) that a contract proposed contract or other matter in which the person had a pecuniary interest was the subject of consideration at the meeting. Penalty: 10 penalty units. 25 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Sch. (11) The Minister may, subject to such conditions as the Minister thinks fit to impose, remove any disability from taking part in any consideration or discussion of or voting on any question imposed by subclauses (1) and (2) in any case in which the number of members of the Committee so disabled at any one time would be so great a portion of the whole as to impede the transaction of business. (12) The power of the Minister under subclause (11) to remove any disability imposed by subclause (1) or (2) shall include power to remove, either indefinitely or for any period, any such disability which would otherwise attach to a member or class of members by reason of such interests and in respect of such matters as may be specified by the Minister. (13) Nothing in this section shall preclude any person from taking part in the consideration or discussion of or voting on— (a) any question of whether the amount payable for goods or services previously supplied or provided under any contract should be paid from the Fund; or (b) any question whether an application should be made to the Minister for the exercise of the powers conferred by subclause (11). (14) A member of the Committee shall not make improper use of information acquired by virtue of the position as member to gain directly or indirectly an advantage for the member or for any other person or to cause detriment to the Committee. (15) In this clause, shares include stock and share capital shall be construed accordingly. 26 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Sch. 2 Register of interests (1) Every member of the Committee shall within 30 days after appointment complete a primary return in the form approved by the Minister disclosing the information referred to in subclause (3) and shall being the Chairman submit the return to the Minister and in any other case submit the return to the Chairman. Penalty: 10 penalty units. (2) Every member of the Committee shall on 30 June in each year or within 30 days thereafter complete an ordinary return in the form approved by the Minister disclosing in relation to the return period the information referred to in subclause (4) and shall being the Chairman submit the return to the Minister and in any other case submit the return to the Chairman. Penalty: 10 penalty units. (3) A member of the Committee shall disclose in a primary return— (a) the name of any company or other body in which on the date of the primary return the member held any office whether as director or otherwise; and (b) the information as at the date of the primary return referred in subclause (4)(b)(c)(d) and (f). (4) A member of the Committee shall disclose in an ordinary return— (a) where the member has held an office, whether as director or otherwise in any company or body corporate or unincorporate—the name of that company or body; 27 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Sch. (b) the name and description of any company partnership association or other body in which the member holds a beneficial interest which exceeds in value $500; (c) the address or description of any land in which the member has a beneficial interest other than by way of security for any debt; (d) a concise description of any trust in which the member holds a beneficial interest or of which the member is a trustee and in which a member of the member's family holds a beneficial interest; (e) particulars of any gifts of or above the amount or value of $500 received by the member from a person other than a person related to the member by blood or marriage; and (f) any other substantial interest whether of a pecuniary nature or not of the member or of a member of the member's family of which the member is aware and which the member considers might appear to raise a material conflict between the member's private interest and the member's public duty as a member of the Committee. (5) Where a member of the Committee has already submitted one or more ordinary returns the member shall disclose in any second or subsequent ordinary return any change or variation in the information disclosed in the last return submitted by the member and any new or additional information of the kind referred to in subclause (4) required to be disclosed but the member shall not be required to disclose any information disclosed in a previous return. Penalty: 10 penalty units. 28 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Sch. (6) The Chairman shall cause a register of interests of members of the Committee to be maintained and shall cause to be entered therein all the information furnished to the Chairman or the Minister under this clause. (7) The Chairman shall allow a person to inspect the register where that person has previously made written application to the Chairman to do so. (8) The register may be inspected at the offices of the Committee during normal office hours. (9) The Chairman shall take all reasonable steps to ensure that no person other than a person who has made written application under subclause (7) has access to or is permitted to inspect the register or any information furnished under this clause. (10) In this clause, return period, in relation to the ordinary return of a member of the Committee, means— (a) where the last return of the member was a primary return, the period between the date of the primary return and 30 June next following; and (b) where the last return of the member was an ordinary return, the period between the date of the last return and 30 June next following. ═══════════════ 29 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Endnotes ENDNOTES 1. General Information The Chinatown Historic Precinct Act 1984 was assented to on 20 November 1984 and came into operation 6 February 1985: Government Gazette 6 February 1985 page 246. 30 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Endnotes 2. Table of Amendments This Version incorporates amendments made to the Chinatown Historic Precinct Act 1984 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Road Safety Act 1986, No. 127/1986 Assent Date: 23.12.86 Commencement Date: S. 102 on 1.3.87: Government Gazette 25.2.87 p. 445; Sch. 4 item 2 on 1.7.87: Special Gazette (No. 27) 25.6.87 p. 1 Current State: This information relates only to the provision/s amending the Chinatown Historic Precinct Act 1984 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 Victorian Tourism Commission (Tourism Victoria) Act 1992, No. 81/1992 Assent Date: 24.11.92 Commencement Date: 24.11.92 Current State: All of Act in operation Local Government (Miscellaneous Amendments) Act 1993, No. 125/1993 Assent Date: 7.12.93 Commencement Date: S. 33 on 7.12.93: s. 2(4) Current State: This information relates only to the provision/s amending the Chinatown Historic Precinct Act 1984 Financial Management (Consequential Amendments) Act 1994, No. 31/1994 Assent Date: 31.5.94 Commencement Date: S. 3(Sch. 1 items 9(a)(b)) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984 Current State: This information relates only to the provision/s amending the Chinatown Historic Precinct Act 1984 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s amending the Chinatown Historic Precinct Act 1984 Transfer of Land (Single Register) Act 1998, No. 85/1998 Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 10) on 1.1.99: s. 2(3) Current State: This information relates only to the provision/s amending the Chinatown Historic Precinct Act 1984 31 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Endnotes Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 20) on 22.11.00: s. 2(1) Current State: This information relates only to the provision/s amending the Chinatown Historic Precinct Act 1984 Road Management Act 2004, No. 12/2004 Assent Date: 11.5.04 Commencement Date: S. 152 on 1.7.04: s. 2(2) Current State: This information relates only to the provision/s amending the Chinatown Historic Precinct Act 1984 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 31) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Chinatown Historic Precinct Act 1984 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 13) on 11.10.06: s. 2(1) Current State: This information relates only to the provision/s amending the Chinatown Historic Precinct Act 1984 Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010) Assent Date: 2.3.10 Commencement Date: S. 203(1)(Sch. 6 item 7) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 Current State: This information relates only to the provision/s amending the Chinatown Historic Precinct Act 1984 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 32 Chinatown Historic Precinct Act 1984 No. 10165 of 1984 Endnotes 3. Explanatory Details No entries at date of publication. 33