Version No. 011
Chinatown Historic Precinct Act 1984
Act No. 10165/1984
Version incorporating amendments as at 22 November 2000
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1.
2.
3.
4.
1
Short title
Commencement
Definitions
The Chinatown Historic Precinct
PART 2—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 3—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 4—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
20
20
20
22
23
═══════════════
ENDNOTES
28
1. General Information
28
2. Table of Amendments
29
3. Explanatory Details
31
ii
Version No. 011
Chinatown Historic Precinct Act 1984
Act No. 10165/1984
Version incorporating amendments as at 22 November 2000
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
Act No. 10165/1984
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
2
Chinatown Historic Precinct Act 1984
Act No. 10165/1984
Part I—Preliminary
s. 4
the public as a public highway within the
meaning of any law now or hereafter in
force; and
(c) any land declared under sub-section (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 sub-section is published in the
Government Gazette the land described in the
Order under this sub-section shall cease to be part
of the precinct.
_______________
3
Chinatown Historic Precinct Act 1984
Act No. 10165/1984
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
Act No. 10165/1984
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
Act No. 10165/1984
Part II—Chinatown Historic Precinct Committee
s. 6
S. 6(2)
amended by
No. 46/1998
s. 7(Sch. 1).
(2) The members of the Committee shall not in
respect of their offices as members be subject to
the Public Sector Management and
Employment Act 1998.
(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 sub-section (3);
(b) if the member resigns in accordance with
sub-section (4);
(c) if the member is absent from four
consecutive meetings of the Committee
without leave under sub-section (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
Act No. 10165/1984
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
Act No. 10165/1984
Part II—Chinatown Historic Precinct Committee
s. 8
(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
Act No. 10165/1984
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
Act No. 10165/1984
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 sub-section (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
10
Chinatown Historic Precinct Act 1984
Act No. 10165/1984
Part III—Development and Management of the Precinct
s. 13
the Committee had made a recommendation in the
terms of the request.
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 sub-section (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
Act No. 10165/1984
Part III—Development and Management of the Precinct
s. 15
(3) For the purposes of sub-section (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 sub-section (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
Act No. 10165/1984
Part III—Development and Management of the Precinct
s. 15
(2) An order under sub-section (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 sub-section (1) may in the like
manner be varied or revoked.
(4) An order under sub-section (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 sub-section (1) except in accordance with a
permit under sub-section (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 sub-section (6).
13
Chinatown Historic Precinct Act 1984
Act No. 10165/1984
Part III—Development and Management of the Precinct
s. 15
(8) A person shall not allow a vehicle to which a
permit under sub-section (6) applies to enter or
remain in the precinct in contravention of the
permit.
Penalty: 5 penalty units.
(9) Sub-sections (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
sub-section (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 sub-section (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
Act No. 10165/1984
Part III—Development and Management of the Precinct
s. 16
recommendation of the Committee be exercised
by the Council in relation to the precinct.
(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 Act 1983, the
Road Safety Act 1986 or any regulation made
under either 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).
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.
S. 16(1)
amended by
No. 125/1993
s. 33(f)(i).
(2) Any local law to be made pursuant to sub-section
(1) shall be made as if the making thereof were
authorized by Part 5 of the Local Government
Act 1989.
S. 16(2)
amended by
No. 125/1993
s. 33(f)(ii)(iii).
(3) Any local law made pursuant to sub-section (1)
shall be deemed for all purposes under the Local
Government Act 1989 to be a local law made
pursuant to that Act.
S. 16(3)
amended by
No. 125/1993
s. 33(f)(ii)(iv).
15
Chinatown Historic Precinct Act 1984
Act No. 10165/1984
Part III—Development and Management of the Precinct
s. 17
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 sub-section (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).
S. 19(2)
substituted by
No. 125/1993
s. 33(h)(ii).
(2) A rate under sub-section (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.
16
Chinatown Historic Precinct Act 1984
Act No. 10165/1984
Part III—Development and Management of the Precinct
s. 20
(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
sub-section (1).
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;
(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;
17
S. 20(3)
amended by
No. 31/1994
s. 3(Sch. 1
item 9(a)(b)).
Chinatown Historic Precinct Act 1984
Act No. 10165/1984
Part III—Development and Management of the Precinct
s. 21
(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.
(2) Subject to sub-section (3), a grant or loan may be
made subject to such conditions as are considered
appropriate.
18
Chinatown Historic Precinct Act 1984
Act No. 10165/1984
Part III—Development and Management of the Precinct
s. 21
(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
Act No. 10165/1984
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 sub-section (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 ValuerGeneral at a date not more than six months prior
to the date of sale.
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Chinatown Historic Precinct Act 1984
Act No. 10165/1984
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 sub-section (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 sub-section 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) Sub-section (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
Act No. 10165/1984
Part IV—Miscellaneous
s. 25
S. 24(10)
substituted by
No. 125/1993
s. 33(j).
No. 4760.
(10) In sub-section (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''.
__________________
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Chinatown Historic Precinct Act 1984
Act No. 10165/1984
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
(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 sub-clause (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
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Chinatown Historic Precinct Act 1984
Act No. 10165/1984
Sch.
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 sub-clauses (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, sub-clause (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.
(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 sub-clause (1).
(10) A person who fails to comply with sub-clause (1) or (2)
shall be guilty of an offence against this Act unless the
person's disability is removed under sub-clause (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.
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Chinatown Historic Precinct Act 1984
Act No. 10165/1984
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 sub-clauses (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 sub-clause (11) to remove
any disability imposed by sub-clause (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 sub-clause (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.
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
sub-clause (4) and shall being the Chairman submit the
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Chinatown Historic Precinct Act 1984
Act No. 10165/1984
Sch.
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 sub-clause (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;
(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.
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Chinatown Historic Precinct Act 1984
Act No. 10165/1984
Sch.
(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 sub-clause (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.
(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 sub-clause (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.
═══════════════
27
Chinatown Historic Precinct Act 1984
Act No. 10165/1984
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.
28
Chinatown Historic Precinct Act 1984
Act No. 10165/1984
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
29
Chinatown Historic Precinct Act 1984
Act No. 10165/1984
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
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
30
Chinatown Historic Precinct Act 1984
Act No. 10165/1984
Endnotes
3. Explanatory Details
No entries at date of publication.
31