New South Wales Sydney Organising Committee for the Olympic Games Amendment Act 1996 No 26 Contents Page 1 2 3 Name of Act Commencement Amendment of Sydney Organising Committee for the Olympic Games Act 1993 No 67 Amendments 2 2 2 3 Schedule 1 New South Wales Sydney Organising Committee for the Olympic Games Amendment Act 1996 No 26 Act No 26, 1996 An Act to amend the Sydney Organising Committee for the Olympic Games Act 1993 in relation to the status of agreements entered into by the Sydney Organising Committee for the Olympic Games, the Vice-presidents of the Committee, the distribution of the surplus funds of the Committee, the personal liability of directors of the Committee, and the powers of the President of the Australian Olympic Committee; and for other purposes. [Assented to 21 June 1996] Section 1 Sydney Organising Committee for the Olympic Games Amendment Act 1996 No 26 The Legislature of New South Wales enacts: 1 Name of Act This Act is the Sydney Organising Committee for the Olympic Games Amendment Act 1996. 2 Commencement (1) (2) This Act commences on the date of assent, except as provided by subsection (2). Schedule 1 [2]­[12] commence on a day or days to be appointed by proclamation. 3 Amendment of Sydney Organising Committee for the Olympic Games Act 1993 No 67 The Sydney Organising Committee for the Olympic Games Act 1993 is amended as set out in Schedule 1. Page 2 Sydney Organising Committee for the Olympic Games Amendment Act 1996 No 26 Amendments Schedule 1 Schedule 1 [1] Amendments (Section 3 ) Section 10 Specific functions Insert after subsection (2): (2A) Without limiting other provisions relating to its functions, SOCOG has and always has had power to enter into agreements for or in connection with the exercise of its functions, including but not limited to agreements, whether on an exclusive basis or otherwise, for the granting of sponsorship or licence rights or rights relating to the manufacture, distribution, marketing or sale of goods or services associated with the Games. In this subsection, agreement includes a contract, arrangement or understanding. [2] Section 16 Omit the section. Insert instead: 16 Vice-presidents The following, in descending order of seniority, are Vice-presidents of SOCOG: (a) (b) (c) the President Committee, of the Australian Olympic the Lord Mayor of the City of Sydney, the members of the International Olympic Committee representing the International Olympic Committee in Australia. [3] Section 22 Remuneration Omit "and the President of the Australian Olympic Committee" from section 22 (3). Page 3 Sydney Organising Committee for the Olympic Games Amendment Act 1996 No 26 Schedule 1 Amendments [4] Section 29 Presiding director Omit section 29 (1) (c). Insert instead: (c) (d) in the absence of the above-the Lord Mayor of the City of Sydney, or in the absence of the aboveone of the other Vice-presidents of SOCOG, being (where there is more than one such member present) such one of them as is agreed between themselves. [5] Section 47 Expenditure Omit "and the President of the Australian Olympic Committee" wherever occurring in section 47 (2), (5) and (6). [6] Section 47 (3) and (4) Omit the subsections. Insert instead: (3) The Board must not approve any budget or any amendments to any budget without the prior approval of the Minister. [7] Section 47 (5) and (6) Omit "or (4)" wherever occurring. [8] Section 54 Distribution of surplus Omit section 54 (1) (b). [9] Section 54 (1) (c) Omit the paragraph. Insert instead: (c) 90 per cent is payable to the Treasurer for payment into the Consolidated Fund to help defray the cost of building facilities for the long term benefit of sport in Australia. [10] Section 54 (3) Omit the subsection. Page 4 Sydney Organising Committee for the Olympic Games Amendment Act 1996 No 26 Amendments Schedule 1 [11] Section 60 Personal liability Omit "the director" from section 60 (1). Insert instead "a director". [12] Section 60 (3)­(5) Insert after section 60 (2): (3) Without limiting the generality of subsection (l), a director has no personal liability and incurs no personal obligation for or in respect of, or arising from, any matter or thing done or omitted to be done by SOCOG in breach of SOCOG's special fiduciary obligations (if any). In addition to the operation that subsections (1) and (3) have apart from this subsection, those subsections operate as if the amendments made to this Act by the Sydney Organising Committee for the Olympic Games Amendment Act 1996 had been in force on and from 12 November 1993 (being the date of commencement of this Act). In this section: (4) (5) special fiduciary obligations means obligations of SOCOG arising from its capacity as agent or fiduciary, being a capacity that arose, arises or exists wholly or partly because of provisions of the Endorsement Contract or Host City Contract. [13] Section 70 Insert after section 69: 70 Authorisations for section 51 of Trade Practices Act 1974 (Cth) and Competition Code (1) The following: (a) the agreements referred to in Schedule 1, and (b) any agreements entered into after the commencement of this section by SOCOG (under section 10 (2A) or otherwise) relating to or in connection with the Games including but not Page 5 Sydney Organising Committee for the Olympic Games Amendment Act 1996 No 26 Schedule 1 Amendments limited to the granting by SOCOG of sponsorship or licence rights or rights relating to the manufacture, distribution, marketing or sale of goods or services associated with the Games, and (c) (d) the conduct of the parties in entering into any such agreements, and the conduct of the parties in performing any such agreements and any matter or thing done or omitted to be done by any of the parties in performing any such agreements, are specifically authorised by this Act for the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales. (2) In this section: agreement includes a understanding. contract, arrangement or [14] Schedule 1 Insert at the end of the Act: Schedule 1 Agreements (Section 70) Letter Agreement dated 2 April 1996 between SOCOG and The Coca-Cola Company. Agreement dated 2 April 1996 between SOCOG and The Coca-Cola Company. Memorandum of Understanding dated 15 November 1995 between SOCOG and Telstra Corporation Limited. Agreement dated 13 July 1995 between the International Olympic Committee, the Atlanta Committee for the Olympic Games, Inc., SOCOG, Seven Network Limited and Seven Television Australia Limited. ~~ Page 6 Sydney Organising Committee for the Olympic Games Amendment Act 1996 No 26 Amendments Schedule 1 Agreement dated 13 July 1995 between Atlanta Committee for the Olympic Games, Inc., SOCOG and Seven Network Limited. Agreement dated as of 4 August 1995 between the International Olympic Committee, SOCOG and National Broadcasting Company, Inc. Agreement dated as of 4 June 1996 between SOCOG and VISA International Service Association. Deed dated 10 March 1994 between SOCOG, Sydney Olympics 2000 Bid Limited, Australian Hotels Association (NSW) and Motor Inn Motel and Accommodation Association. Agreement made in June 1996 between SOCOG and Westpac Banking Corporation. Agreement made in June 1996 between SOCOG and The Broken Hill Proprietary Company. [Minister's second reading speech made in-- Legislative Assembly on 6 June 1996 Legislative Council on 17 June 1996] Page 7