Australian Grands Prix Act 1994 - Victorian Legislation …FILE/94-68a041.docx · Web viewOCPC-VIC,...

Version No. 041

Australian Grands Prix Act 1994No. 68 of 1994

Version incorporating amendments as at 1 January 2011

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 13 Definitions 24 Meaning of marked with grand prix insignia 65 Act to bind Crown 66 Extra-territorial operation 7

PART 2—AUSTRALIAN GRAND PRIX CORPORATION 8

Division 1—The Corporation 8

7 Establishment of Corporation 88 Corporation holds property on behalf of Crown 89 Corporation to be subject to control of Minister 810 Membership 911 Vacancies, resignations, removal from office 912 Acting appointments 1013 Disclosure of interests 1014 Person to preside at meetings 1115 Proceedings of the Corporation 1116 Resolutions without meetings 1217 Validity of decisions 1218 Immunity 1319 Chief executive officer 13

Division 2—Functions and powers 14

20 Functions 1421 Powers 1422 Delegation 17

1

Division 3—Financial 18

23 Money of Corporation 1824 Borrowing, investing and other financial powers 1825 Business plan 18

PART 3—FORMULA ONE EVENTS 20

26 Minister may declare name or title of event, race or activity 2027 Declared area and race period 2028 Corporation not to undertake works without a licence 2029 Corporation to consult persons affected 2330 Corporation to manage declared area during race period 2331 Power to enter Albert Park 2532 Fencing of land 2532A Designated access areas 2632B Areas fenced or cordoned off 2833 Roads 2934 Declared area to be restored to reasonable condition 3035 Corporation may control and charge for filming, etc. 3136 Nuisance 3137 Corporation may remove vehicles left unattended 3238 Road Safety Act 1986 not to apply 3239 Noise and vehicle emissions 3240 Prohibition of unauthorised advertising 3341 Corporation to make payment to committee of management 3342 No compensation payable 34

PART 3A—AUSTRALIAN MOTORCYCLE GRAND PRIX EVENTS 35

42A Minister may declare name or title of event, race or activity 3542B Corporation may control and charge for filming etc. 35

PART 4—GENERAL 36

43 Other motor races not to be held at Albert Park 3644 Corporation's property in grand prix insignia 3645 Seizure and forfeiture of goods 3846 Committee of management not liable for certain works etc. 3947 Powers of committee of management 4048 Exemption from certain laws 4049 Freedom of Information Act 1982 4050 Supreme Court—limitation of jurisdiction 4250A Limitation of Supreme Court's jurisdiction—State Sport

Centres (Amendment) Act 2004 4251 Regulations 43

2

52 Transitional provision—Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 46

PART 5—Repealed 46

53 Repealed 46__________________

SCHEDULES 47

SCHEDULE 1—Albert Park 47

SCHEDULE 2—Logos 48

═══════════════

ENDNOTES 49

1. General Information 49

2. Table of Amendments 50

3. Explanatory Details 53

3

Version No. 041


Version incorporating amendments as at 1 January 2011

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1 Purpose

The purpose of this Act is—

(a) to establish the Australian Grand Prix Corporation; and

(b) to facilitate the holding of an annual Formula One Grand Prix at Albert Park; and

(c) to facilitate the holding of Australian Motorcycle Grand Prix events at the Phillip Island Grand Prix circuit.

2 Commencement

(1) Part 1 comes into operation on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

1

S. 1(b)amended by No. 87/1995 s. 5.

S. 1(c)inserted by No. 87/1995 s. 5.

3 Definitions

(1) In this Act—

Albert Park means the land shown hatched on the plan set out in Schedule 1 and includes—

(a) the land temporarily reserved by the Order in Council dated 10 October 1995 and published in the Government Gazette dated 12 October 1995, page 2900; and

(b) the Melbourne Sports and Aquatic Centre land—

but does not include—

(c) the land shown hatched on the plan in Schedule 12 of the Land (Reservations and other Matters) Act 1997; or

(d) the land shown hatched on the plan in Schedule 3 of the Land (Revocation of Reservations) Act 2000;

approved motor sport event means a motor sport event approved by the Minister for the purposes of section 20(e);

Australian Motorcycle Grand Prix event means a round of the road racing (motorcycle) world championship that takes place in Victoria including any race, event or activity promoted by the Corporation in association with that round;

chairperson means the chairperson of the Corporation;

committee of management means—

2

S. 3amended by No. 39/1995 s. 4(1)(a).

s. 3

S. 3(1) def. of Albert Park amended by Nos 87/1995 s. 6(2), 100/1997 s. 27, 40/2000 s. 9, substituted by No. 70/2004 s. 16(a).

S. 3(1) def. of Australian Motorcycle Grand Prix event inserted by No. 87/1995 s. 6(1).

S. 3(1) def. of committee of management substituted by No. 70/2004 s. 16(b).

(a) in relation to the part of Albert Park which is Melbourne Sports and Aquatic Centre land, the State Sport Centres Trust; and

(b) in relation to Albert Park other than Melbourne Sports and Aquatic Centre land, the committee of management of Albert Park appointed under the Crown Land (Reserves) Act 1978;

Corporation means the Australian Grand Prix Corporation established by this Act;

* * * * *

designated access area means an area in respect of which a declaration under section 32A is in force;

Formula One event means a motor car race—

(a) that takes place in Australia; and

(b) that—

(i) is approved by the Fédération Internationale de l'Automobile; or

(ii) is entered in the International Calendar of the Fédération Internationale de l'Automobile; or

(iii) counts towards the Formula One World Championship—

and includes any race, event or activity promoted by the Corporation in association with that race;

grand prix insignia means—

3

S. 3(1) def. of declared area repealed by No. 39/1995 s. 4(1)(b).

S. 3(1) def. of designated access area inserted by No. 87/1995 s. 6(1).

s. 3

S. 3(1) def. of grand prix insignia amended by No. 87/1995 s. 6(3)(a)–(c)(i) (ii).

(a) a logo or any part of a logo;

(b) a name or title of a Formula One event declared under section 26;

(ba) a name or title of an Australian Motorcycle Grand Prix event declared under section 42A;

(c) any of the expressions "Grand Prix", "Formula One", "Formula 1", "Albert Park Circuit", "Grand Prix Rally", "What a Great Place for the Race", "What a Great Place for the Great Race", "What a Great Race" or "Australian Motorcycle Grand Prix" where the expression (whether appearing or used in full or abbreviated form or alone or in combination with other words or symbols) can reasonably be taken to refer to a Formula One event or an Australian Motorcycle Grand Prix event; or

(d) a combination of any 2 or more of the foregoing;

graphic standards manual means a document adopted by the Corporation as the graphic standards manual and lodged at the Central Plan Office;

logo means a design (the copyright of which is vested in right of the State) the general design of which—

(a) is set out in Part A or Part B of Schedule 2; or

(b) is approved by the Minister by notice published in the Government Gazette—

4

s. 3

S. 3(1) def. of logo substituted by No. 87/1995 s. 6(4).

and which is more particularly depicted and described in the graphic standards manual;

Melbourne Sports and Aquatic Centre land means the land shown hatched in the plan in Schedule 1 to the State Sport Centres Act 1994;

member means a member of the Corporation and includes an acting member;

motor sport event means an event (other than a Formula One event) forming part of an international motor sport competition held or to be held in Victoria at a place other than Albert Park;

Phillip Island Grand Prix circuit means the land described in certificates of title volume 10304 folios 751 and 752 and volume 11057 folios 600 and 601;

promote in relation to an event or activity, includes organise or conduct;

race period in respect of a year, means the period declared under section 27 to be the race period in respect of that year;

State Sport Centres Trust means the State Sport Centres Trust established by the State Sport Centres Act 1994;

stratum of land means a part of land consisting of a space of any shape above the surface of the land, all dimensions of which are limited.

5

S. 3(1) def. of Melbourne Sports and Aquatic Centre land inserted by No. 70/2004 s. 16(c).

s. 3

S. 3(1) def. of Phillip Island Grand Prix circuit inserted by No. 87/1995 s. 6(1), amended by No. 30/2009 s. 195.

S. 3(1) def. of State Sport Centres Trust inserted by No. 70/2004 s. 16(c).

S. 3(1) def. of stratum of land inserted by No. 87/1995 s. 6(1).

(2) In this Act, declared area, in respect of a year, means—

(a) in relation to the period beginning on 3 November 1994 and ending on the date of publication in the Government Gazette of the first notice under section 27(a) so published after 25 May 1995, Albert Park; and

(b) in relation to a year in respect of which an area is declared by notice under section 27(a) after 25 May to be a declared area, the area specified in the declaration as in force for the time being1.

4 Meaning of marked with grand prix insignia

For the purposes of this Act, goods are deemed to be marked with grand prix insignia if grand prix insignia are affixed or annexed to, marked on, or incorporated in or with—

(a) the goods; or

(b) any covering or container in which the goods are wholly or partly enclosed; or

(c) anything placed in or attached to any such covering or container; or

(d) anything that is attached to the goods or around which the goods are wrapped or wound.

5 Act to bind Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

6 Extra-territorial operation

It is the intention of the Parliament that the operation of sections 44 and 45 should, as far as

6

S. 3(2) inserted by No. 39/1995 s. 4(2).

s. 4s. 6

possible, include operation in relation to acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia.

_______________

7

PART 2—AUSTRALIAN GRAND PRIX CORPORATION

Division 1—The Corporation

7 Establishment of Corporation

(1) There is established an Australian Grand Prix Corporation.

(2) The Corporation—

(a) is a body corporate with perpetual succession;

(b) has a common seal;

(c) may sue and be sued in its corporate name;

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all acts and things that a body corporate may by law do and suffer.

(3) The common seal of the Corporation must be kept as directed by the Corporation and must only be used as authorised by the Corporation.

(4) All courts must take judicial notice of the common seal of the Corporation on a document and, until the contrary is proved, must presume that it was duly affixed.

8 Corporation holds property on behalf of Crown

The Corporation is a public authority which does not represent the Crown but holds its property on behalf of the Crown.

9 Corporation to be subject to control of Minister

In the performance of its functions and exercise of its powers, the Corporation is subject to the direction and control of the Minister.

s. 7


8

10 Membership

(1) The Corporation consists of not less than 5 and not more than 9 members appointed by the Governor in Council.

(2) The Governor in Council must appoint one of the members as a chairperson of the Corporation and may appoint another of the members as deputy chairperson of the Corporation.

(3) A member is appointed for the term, not exceeding 3 years, specified in the instrument of appointment, but is eligible for reappointment.

(4) A member holds office, subject to this Act, on such terms and conditions, as to payment of allowances and expenses or any other matter, as are determined by the Governor in Council.

(5) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Corporation in respect of the office of member.

11 Vacancies, resignations, removal from office

(1) The office of a member becomes vacant if the member—

(a) without the Corporation's approval, fails to attend 3 consecutive meetings of the Corporation; or

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her

s. 10

S. 10(5) amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 18), 80/2006 s. 26(Sch. item 5).


9

creditors or makes an assignment of his or her remuneration for their benefit; or

(c) is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence.

(2) A member may resign by writing delivered to the Minister.

(3) The Governor in Council may remove a member, or all members, from office.

12 Acting appointments

(1) The Governor in Council may appoint a person to act in the place of a member who is absent or who, for any other reason, is unable to perform the duties of the office.

(2) An acting appointment is for the term, and on the conditions, including conditions as to payment of allowances and expenses, determined by the Governor in Council.

(3) A person appointed under subsection (1) has all the powers and may perform all the duties of the member for whom he or she is acting.

(4) The Governor in Council may at any time terminate an acting appointment.

13 Disclosure of interests

(1) If—

(a) a member has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Corporation; and

(b) the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter—

s. 12


10

the member, as soon as practicable after the relevant facts come to the member's knowledge, must disclose the nature of the interest at a meeting of the Corporation.

(2) A disclosure under subsection (1) must be recorded in the minutes of the meeting and the member—

(a) must not be present during any deliberation of the Corporation in relation to the matter; and

(b) must not take part in any decision of the Corporation in relation to the matter.

(3) Subsection (1) does not apply in relation to a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions.

14 Person to preside at meetings

The chairperson of the Corporation, or in his or her absence, the deputy chairperson of the Corporation or, in the absence of both of them, a member appointed by the members present, must preside at a meeting of the Corporation.

15 Proceedings of the Corporation

(1) One half of the members for the time being appointed to the Corporation constitute a quorum of the Corporation.

(2) A question arising at a meeting shall be determined by a majority of votes of the members present who are eligible to vote, and vote, on that question and, if voting is equal, the chairperson or other member presiding, has a casting as well as a deliberative, vote.

(3) The Corporation must ensure that accurate minutes are kept of its meetings.

s. 14


11

(4) Subject to this Act, the Corporation may regulate its own proceedings.

16 Resolutions without meetingss. 16

S. 16(1) amended by No. 87/1995 s. 7(1)(a)(b).

(1) If—

(a) the Corporation has taken reasonable steps to give notice to each member for the time being setting out the terms of a proposed resolution; and

(b) a majority of members for the time being sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—

a resolution in those terms is deemed to have been passed at a meeting of the Corporation held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those members signs the document.

(2) If a resolution is, under subsection (1), deemed to have been passed at a meeting of the Corporation, each member must as soon as practicable be advised of the matter and given a copy of the resolution.

(3) For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, is deemed to constitute one document.

17 Validity of decisions

An act or decision of the Corporation is not invalid—


12

(a) by reason only—

(i) of a defect or irregularity in, or in connection with, the appointment of a member; or

(ii) of a vacancy in the office of a member; or

(b) on the ground that the occasion for an acting member to act had not arisen or had ceased.

18 Immunity

(1) A member or the chief executive officer of the Corporation or a delegate of the Corporation is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—

(a) in the exercise of a power or the performance of a function or duty under this Act; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function or duty under this Act.

(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to a member, the chief executive officer or a delegate, attaches instead to the Corporation.

19 Chief executive officer

(1) The Corporation may appoint a person approved by the Minister as the chief executive officer of the Corporation.

(2) A chief executive officer holds office for such term, not exceeding 3 years, and on such other terms and conditions, as are determined by the Corporation and specified in the instrument of appointment.

s. 18


13

Division 2—Functions and powers

20 Functions

The functions of the Corporation are—

(a) to negotiate, enter into and vary agreements under which Formula One events are held;

(b) to undertake and facilitate the organisation, conduct, management and promotion of Formula One events and Australian Motorcycle Grand Prix events;

(c) to establish at Albert Park a temporary motor racing circuit and supporting facilities for Formula One events;

(d) to do all other things necessary for or in connection with the conduct and financial and commercial management of each Formula One event promoted by the Corporation;

(e) with the consent of the Minister, to negotiate and enter into an agreement for the holding of, and to undertake the organisation, conduct, management and promotion of, a motor sport event approved by the Minister;

(f) such other functions as are conferred on the Corporation under this Act or any other Act.

21 Powers

(1) For the purpose of performing its functions, the Corporation, in addition to all other powers conferred on it by this Act or any other Act—

s. 20

S. 20(b) substituted by No. 87/1995 s. 7(2).

S. 20(f) amended by No. 19/2003 s. 29(1).

S. 21(1) amended by No. 19/2003 s. 29(2).


14

(a) may, subject to this Act, carry out works at Albert Park, in a designated access area or, in accordance with arrangements entered into between the Corporation and the owners of the Phillip Island Grand Prix circuit, at the circuit;

(aa) may, subject to this Act, establish sporting facilities and sporting services;

(ab) may, subject to this Act, establish supporting facilities, services and activities in connection with the holding of a Formula One event or an Australian Motorcycle Grand Prix event;

(ac) may promote Melbourne and Victoria as tourist destinations;

(b) may carry on advertising and promotional activities;

(c) may charge and collect fees for admission, during the race period in respect of a year, to the declared area in respect of that year or to a designated access area;

(d) during the race period in respect of a year, may control admission to the declared area in respect of that year or to a designated access area;

(da) may charge and collect fees for admission to, and control admission to, the Phillip Island Grand Prix circuit for Australian Motorcycle Grand Prix events, in accordance with arrangements entered into between the Corporation and the owners of the circuit;

(e) may publish or produce books, programs, brochures, maps or any other printed

S. 21(1)(a) amended by No. 87/1995 s. 7(3)(a).

S. 21(1)(aa) inserted by No. 87/1995 s. 7(3)(b).

S. 21(1)(ab) inserted by No. 87/1995 s. 7(3)(b).

S. 21(1)(ac) inserted by No. 87/1995 s. 7(3)(b).

s. 21

S. 21(1)(c) amended by No. 87/1995 s. 7(3)(c).

S. 21(1)(d) amended by No. 87/1995 s. 7(3)(c).

S. 21(1)(da) inserted by No. 87/1995 s. 7(3)(d).

S. 21(1)(e) amended by No. 87/1995 s. 7(3)(e).


15

material, films, videotapes, souvenirs, apparel or other things relating to a Formula One event, an Australian Motorcycle Grand Prix event or a motor sport event;

(f) may display, exhibit, sell or supply food and beverages, books, programs, brochures, maps or any other printed material, films, videotapes, souvenirs, apparel or any other goods or services;

(g) may employ or engage staff or consultants;

(h) may provide consultancy, advisory and project management services;

(i) may grant, for free or other consideration advertising rights, sponsorship rights, broadcasting rights or television rights or any other rights, licences or concessions in connection with—

(i) Formula One events promoted by the Corporation; or

(ii) Australian Motorcycle Grand Prix events;

(j) may restrict, control and make charges for the use of grand prix insignia;

(k) may take out policies of insurance;

(l) may acquire and hold any licence under any Act;

(la) may enter into leases;

(lb) may acquire, or dispose of, real or personal property;

S. 21(1)(i) amended by No. 87/1995 s. 7(3)(f).

s. 21

S. 21(1)(la) inserted by No. 87/1995 s. 7(3)(g).

S. 21(1)(lb) inserted by No. 87/1995 s. 7(3)(g).


16

(m) with the approval of the Minister, may acquire or assume assets, rights and liabilities of Melbourne Grand Prix Promotions Pty Ltd A.C.N. 059 230 278;

(n) may appoint agents and attorneys, and act as agent;

(o) may do all other things necessary or convenient to be done for or, in connection with, or as incidental to, the performance of its functions.

(2) Without limiting the generality of powers conferred on it, the Corporation—

(a) may, with the approval of the Minister, after consultation with the Treasurer, be a member of a body corporate, association, partnership, trust or other body;

(b) may, with the approval of the Minister, after consultation with the Treasurer, form, or participate in the formation of, a body corporate, association, partnership, trust or other body;

(c) may, with the approval of the Minister, after consultation with the Treasurer, enter into a joint venture with another person or other persons;

(d) may accept gifts, grants, bequests and devises.

(3) The Corporation must not provide a guarantee or indemnity without the approval in writing of the Treasurer or of a person authorised in writing by the Treasurer to give an approval under this subsection.

22 Delegation

The Corporation may, by instrument under its common seal, delegate to a member or to the chief

s. 22


17

executive officer of the Corporation or, with the approval of the Minister, to any other person or body, any power of the Corporation, other than this power of delegation.

Division 3—Financial

23 Money of Corporation

(1) All money received by the Corporation must be paid into a banking account established by the Corporation.

(2) Except as authorised by the Treasurer and the Minister, no money shall be expended by the Corporation except in accordance with a budget approved by the Treasurer and the Minister.

24 Borrowing, investing and other financial powers

(1) The Corporation has the powers conferred on it by the Borrowing and Investment Powers Act 1987.

(2) The Corporation may, with the approval of the Treasurer, enter into arrangements for the protection of the value of its assets or liabilities against movements in interest rates or currency rates.

25 Business plan

(1) The Corporation must prepare a business plan each year.

(2) The Corporation must give a copy of the proposed plan to the Minister and the Treasurer on or before such date in each year as is determined by the Minister and the Treasurer.

(3) The proposed business plan must be in or to the effect of a form approved by the Minister and the Treasurer and must include—

s. 23


18

(a) a statement of corporate intent, being information about the objectives, main undertakings, activities, accounting policies and performance measures of the Corporation;

(b) financial statements containing information requested by the Minister and the Treasurer;

(c) such other matters as the Minister and the Treasurer direct.

(4) The Corporation must consider any comments on the proposed plan that are made to it by the Treasurer or the Minister within 2 months after the plan was submitted to the Treasurer and the Minister.

(5) The Corporation must consult in good faith with the Treasurer and the Minister following communication to it of the comments, must make such changes to the plan as are agreed between the Treasurer, the Minister and the Corporation and must deliver the completed plan to the Treasurer and Minister within 3 months after the plan was submitted to the Treasurer and the Minister.

(6) The plan, or any part of the plan, must not, within 5 years after the end of the year to which it applies, be published or made available, except for the purposes of this section, without the prior approval of the Corporation, the Treasurer and the Minister.

_______________

s. 25


19

PART 3—FORMULA ONE EVENTS

26 Minister may declare name or title of event, race or activity

The Minister, on the recommendation of the Corporation, may, by notice published in the Government Gazette, declare, in respect of a Formula One event—

(a) the name or title of the Formula One event;

(b) the name or title of a race, event or activity forming part of the Formula One event.

27 Declared area and race period

The Minister administering the Crown Land (Reserves) Act 1978 and the Minister administering this Act acting jointly, by notice published in the Government Gazette—

(a) may declare that an area, being part or all of Albert Park specified in the notice together with such other land (if any) surrounded by Albert Park and specified in the notice is the declared area in respect of a year specified in the notice;

(b) may declare that a period (not exceeding 7 days) specified in the notice is the race period in respect of a year specified in the notice;

(c) may revoke or vary a declaration made under this section.

28 Corporation not to undertake works without a licence

(1) The Corporation must not, at any time, undertake works at Albert Park except in accordance with a licence granted under this section.

s. 26


20

(2) The committee of management of the part of Albert Park that is not Melbourne Sports and Aquatic Centre land may, on the application of the Corporation, grant to the Corporation a licence to undertake the works specified in the licence on such terms and conditions as are determined by the committee and so specified.

(3) If, in relation to the part of Albert Park that is not Melbourne Sports and Aquatic Centre land—

(a) the committee of management fails to grant an application for a licence—

(i) within 7 days after receiving the application; or

(ii) within such shorter period after receiving the application as the Minister administering the Crown Lands (Reserves) Act 1978 and the Minister administering this Act approve; or

(b) the Corporation considers the terms and conditions proposed to be included in a licence to be unreasonable—

the Minister administering the Crown Land (Reserves) Act 1978 and the Minister administering this Act, may, on the request in writing of the Corporation, grant a licence authorising the Corporation to undertake the works, subject to such terms and conditions as the Ministers determine and specify in the licence.

(3A) The State Sport Centres Trust, on the application of the Corporation, may, in respect of the Melbourne Sports and Aquatic Centre land, grant to the Corporation a licence to undertake the works specified in the licence on such terms and conditions as are determined by the Trust and so specified.

S. 28(2) amended by No. 70/2004 s. 17(1)(a).

S. 28(3) amended by No. 70/2004 s. 17(1)(b).

s. 28

S. 28(3A) inserted by No. 70/2004 s. 17(2).


21

(3B) If—

(a) the State Sport Centres Trust fails to grant an application for a licence under subsection (3A)—

(i) within 7 days after receiving the application; or

(ii) within such shorter period after receiving the application as the Minister administering the State Sport Centres Act 1994 and the Minister administering this Act approve; or

(b) the Corporation considers the terms and conditions proposed to be included in a licence to be unreasonable—

the Minister administering the State Sport Centres Act 1994 and the Minister administering this Act, may, on the request in writing of the Corporation, grant a licence authorising the Corporation to undertake the works, subject to such terms and conditions as the Ministers determine and specify in the licence.

(4) Nothing in this section applies to the exercise of powers under section 40.

(5) In this section—

works includes road construction or diversion, removal, relocation or planting of trees, installation of services, relocation of ovals, buildings or facilities, construction of other structures whether of a permanent or temporary nature or demolition works or works altering the topography of Albert Park.

S. 28(3B) inserted by No. 70/2004 s. 17(2).

s. 28


22

29 Corporation to consult persons affected

(1) The Corporation, before the race period in respect of a year—

(a) must take reasonable steps to consult with the committee of management and any person having a right of occupation of any part of Albert Park;

(b) must consider any reasonable representations made by the committee of management or any such person.

(2) The committee of management must, at the request of the Corporation, give the Corporation the name and address of each person who has a right of occupation of any part of Albert Park.

(3) Subsection (1) does not give rise to any cause or right of action against, or any liability in, the Corporation.

30 Corporation to manage declared area during race period

(1) The Corporation must manage and control the declared area in respect of a year for the race period in respect of that year.

(2) The powers of the committee of management in respect of the declared area in respect of a year must not be exercised during the race period in respect of that year except with the consent of the Corporation.

(3) Despite subsection (1), a person who, but for subsection (4), would have a right to carry on a business in premises in the declared area in respect of a year during the race period in respect of that year, being premises in respect of which the person has a right of occupation, may, during that race period, carry on that business—

s. 29


23

(a) to the extent, and in accordance with the conditions, that the Corporation, after consultation with the committee of management, approves; or

(b) in the event of a dispute, to the extent, and in accordance with the conditions, that the Minister approves.

(4) The rights and interests of any person, other than the Corporation, in relation to the declared area in respect of a year are suspended for the race period in respect of that year, except as provided in subsection (3).

(5) If the right of a person under a lease, licence or other agreement granted or entered into before the commencement of this section to carry on a business in premises in Albert Park is suspended by the operation of this section during the race period in respect of a year, the person is entitled to the payment of an amount of compensation by the Corporation calculated in accordance with the

formula A × B

C where—

A is the part of the person's profits from that business in respect of the financial year ended on 30 June 1994 that is certified by an auditor approved by the Corporation and that person as being the part attributable to the days in that financial year corresponding to the race period;

B is the latest average weekly earnings as at the 15th day of the month ("the relevant month") preceding the month in which the race period, or any part of the race period, falls of all employees in Victoria published by the Australian Statistician in respect of the latest available quarter before the race period;

s. 30


24

C is the average weekly earnings of all employees for Victoria as at the 15th day of the relevant month in the financial year ended on 30 June 1994 published by the Australian statistician in respect of the quarter before that relevant month corresponding to the quarter referred to above.

(6) Subsections (3) and (4) do not give rise to any cause or right of action against, or any liability in, the Corporation, except as provided in subsection (5).

31 Power to enter Albert Parks. 31

S. 31(1) amended by No. 87/1995 s. 15.

(1) The Corporation, its servants, agents and any person authorised by it may, for the purpose of carrying out the functions and exercising the powers of the Corporation under this Act, but subject to and in accordance with this Act, enter, carry out works in and use any part of Albert Park.

(2) Subsection (1) has effect despite anything to the contrary in any Order in Council, or Crown grant, or in the Land Act 1958, the Crown Land (Reserves) Act 1978 or any other Act or law.

32 Fencing of land

(1) The Corporation may fence or cordon off the whole or any part of the declared area in respect of a year for the whole or any part of the race period for that year.

(2) The Corporation may fence or cordon off any part of the declared area in respect of a year outside the race period in respect of that year for such period as is necessary for or incidental to the carrying out of its functions or powers or as authorised by a licence under section 28.


25

(3) Land comprising or included in the declared area in respect of a year that is fenced or cordoned off by the Corporation is, while so fenced or cordoned off, deemed to be in the lawful occupation of the Corporation but not so as to entitle the Corporation to enter any building that, but for this subsection, is not in its occupation.

(4) The committee of management may fence or cordon off any part of Albert Park for such period (not including any part of the race period for a year) as is necessary for or incidental to the carrying out of works (within the meaning of section 28(5)) by the committee or its agents or as is necessary for or incidental to the carrying out by another person of works (within the meaning of section 28(5)) which the committee has authorised or permits or suffers to be carried out.

(5) Without in any way affecting the operation of the Crown Land (Reserves) Act 1978 or the State Sport Centres Act 1994 in relation to Albert Park, any part of Albert Park that is fenced or cordoned off by the committee of management is, while so fenced or cordoned off, deemed to be in the lawful occupation of the committee but not so as to entitle the committee to enter any building that, but for this subsection, is not in its occupation.

32A Designated access areas

(1) The Minister administering the Road Safety Act 1986, the Minister administering the Crown Land (Reserves) Act 1978 and the Minister administering this Act acting jointly, by notice published in the Government Gazette—

S. 32(4) inserted by No. 39/1995 s. 5(1).

S. 32(5) inserted by No. 39/1995 s. 5(1), amended by No. 70/2004 s. 18.

S. 32A inserted by No. 87/1995 s. 8.

s. 32A


26

(a) may declare that an area, being part or all of—

(i) the land situated within 15 metres east of the Queens Road boundary of Albert Park between the points marked A and B on the plan numbered LEGL./95–128 and lodged in the Central Plan Office; or

(ii) the land coloured yellow on that plan—

is a designated access area for the period specified, in accordance with subsection (2), in the declaration;

(b) may declare that an area, being part or all of the land coloured green, or a stratum of the land hatched and coloured green, on that plan is a designated access area for the period specified, in accordance with subsection (3), in the declaration;

(c) may revoke or vary a declaration made under this section.

(2) The period specified in a declaration under subsection (1)(a) must not exceed a period of 17 weeks and—

(a) must not begin more than 12 weeks before the start of a race period in respect of a year; and

(b) must not end more than 4 weeks after the end of that race period.

(3) The period specified in a declaration under subsection (1)(b) must not exceed a period of 4 weeks and—

(a) must not begin more than 2 weeks before the start of a race period in respect of a year; and

s. 32A


27

(b) must not end more than 1 week after the end of that race period.

(4) The Corporation, its servants or agents and any person authorised by it, for the purpose of exercising its powers in respect of designated access areas, but subject to and in accordance with this Act, may enter, carry out works in and use any part of a designated access area.

(5) The Corporation may fence or cordon off the whole or any part of a designated access area—

(a) for the whole or any part of the race period for a year; and

(b) at any other time for such period as is necessary for or incidental to the exercising of its powers in respect of the area.

(6) Land comprising or included in an area fenced or cordoned off under subsection (5) is, while so fenced or cordoned off, deemed to be in the lawful occupation of the Corporation but not so as to entitle the Corporation to enter any building that, but for this subsection, is not in its occupation.

32B Areas fenced or cordoned off

If the Corporation or the committee of management places a notice on or near a fence or cordon marking an area in the declared area or a designated access area that contains a statement to the effect that the area is fenced or cordoned off by authority of the Corporation or the committee of management (as the case may be) the area is, for the purposes of this Act, fenced or cordoned off by the Corporation or the committee of management (as the case may be).

S. 32B inserted by No. 87/1995 s. 8.

s. 32B


28

33 Roadss. 33

S. 33(1) amended by No. 87/1995 s. 9(1).

(1) The Corporation may close any road, or part of a road, within the declared area in respect of a year, or within a designated access area, for the whole or any part of the race period for that year.

(2) The Corporation or the committee of management of the part of Albert Park that is not Melbourne Sports and Aquatic Centre land may, with the consent of the Minister administering the Crown Land (Reserves) Act 1978, temporarily close any road or part of a road in any part of Albert Park that is not Melbourne Sports and Aquatic Centre land if, in the opinion of the Minister, it is necessary to do so for the purpose of carrying out the Corporation's or the committee's functions or exercising its powers.

(2A) The Corporation or the State Sport Centres Trust may, with the consent of the Minister administering the State Sport Centres Act 1994 and the Minister administering the Crown Land (Reserves) Act 1978, temporarily close any road or part of a road in the part of Albert Park that is Melbourne Sports and Aquatic Centre land if, in the opinion of both those Ministers, it is necessary to do so for the purpose of carrying out the Corporation's or the Trust's functions or exercising its powers.

(3) The Minister administering the Crown Land (Reserves) Act 1978, by notice published in the Government Gazette, may close the whole or any part of a road in Albert Park and, upon publication of the notice, the land over which the closed road or part lay ceases to be a road or part of a road.

S. 33(2) amended by Nos 39/1995 s. 5(2)(a)(b), 70/2004 s. 19(1)(a)(b).



29

(4) The Corporation may temporarily close any road or part of a road in a designated access area—

(a) with the consent of the Minister administering the Road Safety Act 1986 and the Minister administering this Act; and

(b) if, in the opinion of those Ministers, it is necessary to do so for the purpose of carrying out the Corporation's functions or exercising its powers; and

(c) after having informed the Minister administering the Crown Land (Reserves) Act 1987 of its intention to do so.

34 Declared area to be restored to reasonable condition

(1) The declared area in respect of a year must, as soon as practicable after the end of the race period in respect of that year, be restored by the Corporation to a condition reasonably comparable to its condition immediately before the beginning of that period.

(2) The Corporation must take all reasonable steps to ensure compliance with subsection (1).

(3) If there is a dispute between the committee of management of the part of Albert Park that is not Melbourne Sports and Aquatic Centre land and the Corporation about the standard of restoration in the declared area in respect of a year, the committee of management or the Corporation may refer the matter to the Minister administering the Crown Land (Reserves) Act 1978 and the Minister administering this Act for a decision on the matter and their joint decision shall be final.

(3A) If, in relation to the Melbourne Sports and Aquatic Centre land, there is a dispute between the State

S. 33(4) inserted by No. 87/1995 s. 9(2).

s. 34

S. 34(3) amended by No. 70/2004 s. 20(1).



30

Sport Centres Trust and the Corporation about the standard of restoration in the declared area in respect of a year, the Trust or the Corporation may refer the matter to the Minister administering the State Sport Centres Act 1994 and the Minister administering this Act for a decision on the matter and their joint decision is final.

(4) Each designated access area must, as soon as practicable after the end of a race period, be restored by the Corporation to a condition reasonably comparable to its condition immediately before it became a designated access area.

35 Corporation may control and charge for filming, etc.

(1) During the race period in respect of a year, a person must not, without the consent of the Corporation, make, for profit or gain or for a purpose which includes profit or gain, at or from a place within or outside Albert Park any sound recording or television or other recording of moving pictures of a Formula One event or any part of a Formula One event.

(2) The Corporation may charge a fee for giving its consent under subsection (1).

(3) If a person makes a recording referred to in subsection (1) without the consent of the Corporation, the Corporation may recover, as a debt due to the Corporation, by proceedings in a court of competent jurisdiction, the fee that would have been payable for the Corporation's consent under subsection (2).

36 Nuisance

Any activity carried on by, or with the permission of the Corporation within the declared area in

S. 34(4) inserted by No. 87/1995 s. 10.

s. 35


31

respect of a year during the race period in respect of that year does not constitute a nuisance.

37 Corporation may remove vehicles left unattended

If a vehicle is left unattended—

(a) within the declared area in respect of a year during the race period for that year; or

(b) in a designated access area—

the Corporation may remove the vehicle to a convenient place, keep the vehicle in that place and return the vehicle to its owner on payment of a fee not exceeding the prescribed fee.

38 Road Safety Act 1986 not to apply

The Road Safety Act 1986 and regulations under that Act do not apply to or in relation to a vehicle or its driver while the vehicle is being driven—

(a) in a Formula One event; or

(b) with the approval of the Minister administering this Act, within the declared area in respect of a year during the race period in respect of that year for the purpose of providing services in respect of a Formula One event.

39 Noise and vehicle emissions

Nothing in the Environment Protection Act 1970, the Public Health and Wellbeing Act 2008 or the Local Government Act 1989 or regulations or local laws under any of those Acts applies in respect of—

(a) vehicle emissions in; or

(b) noise emanating from—

the declared area in respect of a year during the race period in respect of that year.

S. 37 substituted by No. 87/1995 s. 11.

s. 37

S. 39 amended by No. 46/2008 s. 270.


32

40 Prohibition of unauthorised advertising

(1) A person who is the owner or occupier or the holder of a lease or licence relating to a building or structure in the declared area in respect of a year must not, during the race period for that year, cause or permit any advertising material to be affixed to or placed on, or to remain on, the building or structure except as authorised or permitted by the Corporation.

(2) The Corporation may obliterate or remove any advertising material on a building or structure in the declared area in contravention of subsection (1).

(3) In exercising its powers under subsection (2), the Corporation must cause as little damage as possible.

(4) Subsection (1) does not apply to an advertisement by the holder of a lease or licence of premises where a business is carried on if the advertisement complies with the requirements prescribed by the regulations.

41 Corporation to make payment to committee of management

(1) The Corporation must, in respect of each race period in respect of a year, pay to the committee of management such amount, not exceeding $100 000, as is agreed between the Corporation and the committee or, failing agreement, as is jointly determined by the Minister administering the Crown Land (Reserves) Act 1978 and the Minister administering this Act.

s. 40


33

(2) Each payment under subsection (1) must be made within 14 days after the end of the race period in respect of the relevant year.

(3) In this section committee of management does not include the State Sport Centres Trust.

42 No compensation payable

No compensation is payable in respect of anything done in accordance with section 28, 30 (except subsection (5)), 32 or 33.

_______________

S. 41(3) inserted by No. 70/2004 s. 21.

s. 42


34

PART 3A—AUSTRALIAN MOTORCYCLE GRAND PRIX EVENTS

42A Minister may declare name or title of event, race or activity

The Minister, on the recommendation of the Corporation, may, by notice published in the Government Gazette, declare, in respect of an Australian Motorcycle Grand Prix event—

(a) the name or title of the event;

(b) the name or title of a race, event or activity forming part of the event.

42B Corporation may control and charge for filming etc.

(1) During the holding of an Australian Motorcycle Grand Prix event, a person must not, without the consent of the Corporation, make, for profit or gain or for a purpose which includes profit or gain, at or from a place within or outside the Phillip Island Grand Prix circuit any sound recording or television or other recording of moving pictures of the event or any part of the event.

(2) The Corporation may charge a fee for giving its consent under subsection (1).

(3) If a person makes a recording referred to in subsection (1) without the consent of the Corporation, the Corporation may recover, as a debt due to the Corporation, by proceedings in a court of competent jurisdiction, the fee that would have been payable for the Corporation's consent under subsection (2).

Pt 3A (Heading and ss 42A, 42B) inserted by No. 87/1995 s. 12.


s. 42A

S. 42Binserted by No. 87/1995 s. 12.


35

_______________


36

PART 4—GENERAL

43 Other motor races not to be held at Albert Park

A person must not enter into an agreement in respect of, or do any act or thing, that would cause a motor race to be held at Albert Park outside a race period in respect of a year.

Penalty:100 penalty units.

44 Corporation's property in grand prix insignia

(1) The Corporation has a proprietary interest in all grand prix insignia.

(2) A person who, in the course of a trade or business, without the consent of the Corporation—

(a) supplies goods marked with grand prix insignia; or

(b) uses grand prix insignia for the purpose of promoting the supply of goods or services; or

(c) assumes a name or description that consists of, or includes, grand prix insignia—

is guilty of an offence.

Penalty:1000 penalty units.

(3) A person does not contravene subsection (2) if the supply, use or assumption—

(a) occurs before 1 January 1996; and

(b) is authorised by the Australian Formula One Grand Prix Board established by the Australian Formula One Grand Prix Act 1984 of South Australia—

(i) by a consent under section 28a of that Act; or

s. 43


37

(ii) under a licence granting rights in respect of a trade mark of which the Australian Formula One Grand Prix Board is the registered owner under the Trade Marks Act 1955 of the Commonwealth.

(4) Subsection (2) does not apply in relation to goods—

(a) manufactured and marked with grand prix insignia before 1 January 1996; and

(b) supplied before 1 February 1996—

if the manufacture, marking and supply is authorised by the Australian Formula One Grand Prix Board established by the Australian Formula One Grand Prix Act 1984 of South Australia—

(c) by a consent under section 28a of that Act; or

(d) under a licence granting rights in respect of a trade mark of which the Australian Formula One Grand Prix Board is the registered owner under the Trade Marks Act 1955 of the Commonwealth.

(5) Subsection (2)(a) does not apply in relation to goods marked with grand prix insignia—

(a) that were manufactured and marked with those grand prix insignia before the commencement of this section; or

(b) that, although manufactured after that commencement, were manufactured to fulfil a contract entered into before that commencement relating to the supply of goods marked with grand prix insignia.

(6) Subsection (2) does not apply to—

s. 44

S. 44(6) amended by No. 87/1995 s. 13(a).


38

(a) the supply of goods marked with grand prix insignia; or

(b) the use of grand prix insignia for the purpose of promoting the supply of goods or services—

by a person if the supply or use is of a kind that the Minister, by instrument, has declared to be a kind of supply or use that he or she is satisfied is not related to a Formula One event or to an Australian Motorcycle Grand Prix event.

(7) The court by which a person is convicted of an offence against this section may, on the application of the Corporation, order the convicted person to pay compensation to the Corporation of an amount fixed by the court.

(8) This section does not derogate from any civil remedy that may be available to the Corporation apart from this section in relation to goods referred to in this section.

45 Seizure and forfeiture of goods

(1) If—

(a) goods apparently intended for a commercial purpose are marked with grand prix insignia; and

(b) a member of the police force suspects on reasonable grounds that the use of the grand prix insignia has not been authorised under section 44—

the member may seize those goods.

(2) If any goods have been seized under this section and—

(a) proceedings are not instituted for an offence against section 44 in relation to the goods within 3 months of their seizure; or

s. 45


39

(b) after proceedings have been instituted and completed, the accused is not convicted—

the person from whom they were seized is entitled to recover—

(c) the goods or, if they have been destroyed, compensation equal to the market value of the goods at the time of their seizure; and

(d) compensation for any loss suffered by reason of the seizure of the goods.

(3) An action for the payment of compensation under subsection (2) may be brought against the Corporation in any court of competent jurisdiction.

(4) The court by which a person is convicted of an offence against this Act may order that goods to which the offence relates be forfeited to the Crown.

(5) Any goods forfeited to the Crown shall be disposed of in such manner as the Minister may direct, and, if sold, the proceeds of the sale shall be paid into the Consolidated Fund.

46 Committee of management not liable for certain works etc.

The committee of management or a member or employee of the committee is not liable for any loss or damage arising principally because of works or any other things done, or omitted to be done, by the Corporation in accordance with, or purporting to be in accordance with, a licence or other authority conferred or purporting to be conferred on the Corporation by or under this or any other Act or law.

S. 45(2)(b) amended by No. 68/2009 s. 97(Sch. item 10).

s. 46


40

47 Powers of committee of management

The powers conferred on the committee of management under this Act are in addition to its powers under any other Act or law and, if inconsistent with any other powers, prevail to the extent of the inconsistency.

48 Exemption from certain laws

(1) Nothing in the Building Act 1993, the Planning and Environment Act 1987, the Albert Park Land Act 1972, the Crown Land (Reserves) Act 1978, the State Sport Centres Act 1994 or a planning scheme requiring an authority, licence or permit for the carrying out of works and nothing in the Environment Effects Act 1978 applies to the carrying out of works authorised by and in accordance with this Act by or at the request of the Corporation in the declared area for a year or in a designated access area.

(2) Nothing in Part 7 of the Conservation, Forests and Lands Act 1987 applies to the carrying out of works authorised by and in accordance with this Act by or at the request of the Corporation in the declared area for a year or in a designated access area.

49 Freedom of Information Act 1982

(1) Despite anything to the contrary in the Freedom of Information Act 1982, that Act does not apply to a document, whether created before, on or after the commencement of this section, to the extent that the document is, or discloses information about a contract between the Corporation or a company referred to in subsection (2) and one or more of—

s. 47

S. 48(1) amended by Nos 87/1995 s. 13(b), 70/2004 s. 22, 85/2006 s. 173(Sch. 1 item 1).

S. 48(2) amended by No. 87/1995 s. 13(c).


41

(a) the bodies, whether corporate or unincorporate, partnerships or trusts—

(i) granting the right to hold a round of the Fédération Internationale de l'Automobile Formula One World Championship; or

(ii) responsible for the organisation of, or granting the right to hold, an approved motor sport event;

(b) bodies, whether corporate or unincorporate, partnerships or trusts owned by, or associates of, a body, partnership or trust referred to in paragraph (a);

(c) a person not ordinarily resident in Australia in concert with whom a body, partnership or trust referred to in paragraph (a) or (b) is acting in relation to that contract.

s. 49S. 49(2) amended by No. 44/2001 s. 3(Sch. item 9(a)).

(2) The companies referred to in this subsection are the following companies—

(a) Melbourne Grand Prix Promotions Pty Ltd A.C.N. 059 230 278;

(b) Melbourne Major Events Company Ltd A.C.N. 050 270 089.

(3) Despite anything to the contrary in Part 7 of the Financial Management Act 1994, the Corporation is not required to disclose in a report under that Part any information about a contract to which subsection (1) applies.

(4) This section does not affect the rights of the parties in the proceeding known as Mildenhall and Department of Treasury, Melbourne Grand Prix Promotions Pty Ltd and Melbourne Major Events


42

Company Ltd (No. 1994/017694) in the Administrative Appeals Tribunal or in any proceeding by way of appeal from a decision in that proceeding.

(5) In subsection (1), associate means—

(a) in relation to a body corporate—

(i) a director or secretary of the body;

(ii) a related body corporate within the meaning of section 50 of the Corporations Act;

(iii) a director or secretary of such a related body corporate;

(b) in relation to an unincorporated body, a member or officer of that body;

(c) in relation to a partnership, a partner;

(d) in relation to a trust, a trustee or beneficiary.

50 Supreme Court—limitation of jurisdiction

It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in respect of, or of anything done under, section 28, 29, 30 (except subsection (5)), 32 or 33 or entertaining actions relating to a matter referred to in section 34(3) or 46 or of a kind referred to in section 29 or 30 (except subsection (5)).

50A Limitation of Supreme Court's jurisdiction—State Sport Centres (Amendment) Act 2004

It is the intention of section 34(3A) to alter or vary section 85 of the Constitution Act 1975.

S. 49(5)(a)(ii) amended by No. 44/2001 s. 3(Sch. item 9(b)).

s. 50



43

51 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) the control, management and use of the declared area in respect of a year during the race period in respect of that year or of a designated access area;

(b) the prohibition or regulation of any activity in the declared area in respect of a year during the race period in respect of that year or in a designated access area;

(c) the exclusion or expulsion from the declared area in respect of a year during the race period in respect of that year or from a designated access area of persons found contravening the regulations;

(ca) for the purpose of the safe and orderly carrying out of works, provision of services or undertaking of activities in the declared area in respect of a year or in a designated access area, the regulation of the conduct of persons within that declared area or designated access area, during a specified period not exceeding 17 weeks and—

(i) beginning not more than 12 weeks before the race period in respect of that year; and

(ii) ending not more than 4 weeks after that race period;

(cb) the exclusion or expulsion, during a specified period not exceeding 17 weeks and—

S. 51(1)(a) amended by No. 87/1995 s. 13(d).

S. 51(1)(b) amended by No. 87/1995 s. 13(e).

S. 51(1)(c) amended by No. 87/1995 s. 13(f).

S. 51(1)(ca) inserted by No. 87/1995 s. 13(g).

s. 51

S. 51(1)(cb) inserted by No. 87/1995 s. 13(g).


44

(i) beginning not more than 12 weeks before the race period in respect of a year; and

(ii) ending not more than 4 weeks after that race period—

from the declared area in respect of that year or from a designated access area of persons who, within the area, obstruct, hinder or endanger the carrying out of works, the provision of services or any other activity undertaken by or on behalf of the Corporation under this Act;

(d) the prohibition or regulation of the driving or parking or leaving parked of vehicles within the declared area in respect of a year during the race period in respect of that year or within a designated access area;

(e) the prohibition or regulation of any activity in an area fenced off or cordoned off in accordance with section 32 or 32A;

(f) prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations—

(a) may be of general or limited application;

(b) may differ according to differences in time, place or circumstance;

(c) may confer a discretionary authority or impose a duty on a specified person or class of persons;

(d) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.

S. 51(1)(d) amended by No. 87/1995 s. 13(h).

S. 51(1)(e) amended by No. 87/1995 s. 13(i).

s. 51


45

(3) Regulations made under this section may be disallowed in whole or in part by resolution of either House of the Parliament.

* * * * *

(5) In proceedings in respect of an offence against a regulation—

(a) an allegation in the complaint that a person named in the complaint was the owner of a specified vehicle on a specified day is deemed to be proved in the absence of evidence to the contrary; and

s. 51S. 51(5)(b) amended by No. 45/2009 s. 3.

(b) if it is proved that a vehicle was parked on any land in contravention of a regulation, it shall be presumed, in the absence of evidence to the contrary, that the vehicle was so parked by the owner of the vehicle.

(6) If a member of the police force or a person authorised in writing by the Corporation for the purposes of this subsection has reason to believe that a person has committed an offence against a regulation under subsection (1)(d), he or she may cause to be served an infringement notice.

(6A) An offence referred to in subsection (6) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

S. 51(3) amended by No. 78/2010 s. 24(Sch. 1 item 3.1).

S. 51(4) repealed by No. 78/2010 s. 24(Sch. 1 item 3.2).

S. 51(5)(a) amended by No. 45/2009 s. 3.

S. 51(6) amended by No. 32/2006 s. 94(Sch. item 3(1)).

S. 51(6A) inserted by No. 32/2006 s. 94(Sch. item 3(2)).


46

(6B) The infringement penalty for an offence referred to in subsection (6) is the prescribed penalty in respect of the offence.

(7) Part 7 of the Road Safety Act 1986 applies in respect of an infringement referred to in subsection (6) as if the infringement were a parking infringement within the meaning of that Part.

(8) A reference in section 458 of the Crimes Act 1958 to an offence includes a reference to an offence against a regulation made under this Act.

52 Transitional provision—Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009

Despite the commencement of section 3 of the Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, section 51(5) as in force immediately before that commencement continues to apply to any proceedings in respect of an offence that were commenced but not completed before that commencement.

__________________

* * * * *

__________________

S. 51(6B) inserted by No. 32/2006 s. 94(Sch. item 3(2)).

S. 51(8) inserted by No. 39/1995 s. 6.

New s. 52 inserted by No. 45/2009 s. 4.

s. 52

Pt 5 (Heading and ss 52, 53) repealed by No. 87/1995 s. 14.


47

SCHEDULES

SCHEDULE 1

ALBERT PARK

__________________

Sch. 1


48

SCHEDULE 2

LOGOS

PART A

PART B

═══════════════

Sch. 2


49

ENDNOTES

1. General InformationMinister's second reading speech—

Legislative Assembly: 15 September 1994

Legislative Council: 12 October 1994

The long title for the Bill for this Act was "A Bill to establish a body corporate to be known as the Australian Grand Prix Corporation, to amend the Borrowing and Investment Powers Act 1987 and the Liquor Control Act 1987 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 15 September 1994

Legislative Council: 12 October 1994

Absolute majorities:

Legislative Assembly: 7 October 1994

Legislative Council: 13 and 18 October 1994

The Australian Grand Prix Act 1994 was assented to on 25 October 1994 and came into operation as follows:

Part 1 (sections 1–6) on 25 October 1994: section 2(1); rest of Act on 28 October 1994: Government Gazette 27 October 1994 page 2854.

The name of this Act was changed from the Australian Grand Prix Act 1994 to the Australian Grands Prix Act 1994 by the Australian Grand Prix (Further Amendment) Act 1995, No. 87/1995 section 4.

Endnotes


50

2. Table of AmendmentsThis Version incorporates amendments made to the Australian Grands Prix Act 1994 by Acts and subordinate instruments.

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

Australian Grand Prix (Amendment) Act 1995, No. 39/1995Assent Date: 14.6.95Commencement Date: S. 4 on 25.10.94: s. 2(2); rest of Act on 14.6.95: s. 2(1)Current State: All of Act in operation

Australian Grand Prix (Further Amendment) Act 1995, No. 87/1995Assent Date: 5.12.95Commencement Date: Pt 1 (ss 1–3) on 5.12.95: s. 2(1); rest of Act on

7.12.95: Government Gazette 7.12.95 p. 3380Current State: All of Act in operation

Land (Reservations and other Matters) Act 1997, No. 100/1997Assent Date: 16.12.97Commencement Date: S. 27 on 8.5.98: Government Gazette 7.5.98 p. 1005Current State: This information relates only to the provision/s

amending the Australian Grands Prix Act 1994

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998Assent Date: 26.5.98Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)Current State: This information relates only to the provision/s


Land (Revocation of Reservations) Act 2000, No. 40/2000Assent Date: 6.6.00Commencement Date: 7.6.00: s. 2Current State: All of Act in operation

Corporations (Consequential Amendments) Act 2001, No. 44/2001Assent Date: 27.6 01Commencement Date: S. 3(Sch. item 9) on 15.7.01: s. 2Current State: This information relates only to the provision/s


Major Events (Crowd Management) Act 2003, No. 19/2003Assent Date: 13.5.03Commencement Date: S. 29 on 1.7.03: s. 2(2)Current State: This information relates only to the provision/s


State Sport Centres (Amendment) Act 2004, No. 70/2004Assent Date: 19.10.04Commencement Date: Ss 16–23 on 20.10.04: s. 2Current State: This information relates only to the provision/s


Endnotes


51

Public Administration Act 2004, No. 108/2004Assent Date: 21.12.04Commencement Date: S. 117(1)(Sch. 3 item 18) on 5.4.05: Government

Gazette 31.3.05 p. 602Current State: This information relates only to the provision/s


Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006Assent Date: 13.6.06Commencement Date: S. 94(Sch. item 3) on 1.7.06: Government Gazette

29.6.06 p. 1315Current State: This information relates only to the provision/s


Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date: 10.10.06Commencement Date: S. 26(Sch. item 5) on 11.10.06: s. 2(1)Current State: This information relates only to the provision/s


Water (Governance) Act 2006, No. 85/2006Assent Date: 17.10.06Commencement Date: S. 173(Sch. 1 item 1) on 1.7.07: s. 2(3)Current State: This information relates only to the provision/s


Public Health and Wellbeing Act 2008, No. 46/2008Assent Date: 2.9.08Commencement Date: S. 270 on 1.1.10: s. 2(2)Current State: This information relates only to the provision/s


Major Sporting Events Act 2009, No. 30/2009Assent Date: 23.6.09Commencement Date: S. 195 on 24.6.09: s. 2Current State: This information relates only to the provision/s


Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, No. 45/2009

Assent Date: 5.8.09Commencement Date: Ss 3, 4 on 6.8.09: s. 2Current State: This information relates only to the provision/s


Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date: 24.11.09Commencement Date: S. 97(Sch. item 10) on 1.1.10: Government Gazette

10.12.09 p. 3215Current State: This information relates only to the provision/s


Endnotes


52

Subordinate Legislation Amendment Act 2010, No. 78/2010Assent Date: 19.10.10Commencement Date: S. 24(Sch. 1 item 3) on 1.1.11: s. 2(1)Current State: This information relates only to the provision/s


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Endnotes


53

3. Explanatory Details

Endnotes


54

1 S. 3(2): Sections 7, 8 of the Australian Grand Prix (Amendment) Act 1995, No. 39/1995 read as follows:

7Validation

Subject to section 8, anything done or purported to have been done before the commencement of this section in accordance with, or under the authority of, or by reference to, the Principal Act is deemed to have been done in accordance with, or under the authority of, or by reference to, the Principal Act as if the Principal Act had been enacted as amended by section 4.

8 Proceedings

Proceedings may not be brought or continued in respect of an offence committed or alleged to have been committed before 25 May 1995 in the declared area within the meaning of the Principal Act as amended by this Act, being an offence against section 9(1)(d) of the Summary Offences Act 1966 or against the Australian Grand Prix (Works) Regulations 1994 or the Australian Grand Prix (Works) Regulations 1995.

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