VersionNo. 043
Australian Grands Prix Act 1994
No. 68 of 1994
Version incorporating amendments as at
1 July 2014
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
4Meaning of marked with grand prix insignia
5Act to bind Crown
6Extra-territorial operation
Part 2—Australian Grand Prix Corporation
Division 1—The Corporation
7Establishment of Corporation
8Corporation holds property on behalf of Crown
9Corporation to be subject to control of Minister
10Membership
11Vacancies, resignations, removal from office
12Acting appointments
13Disclosure of interests
14Person to preside at meetings
15Proceedings of the Corporation
16Resolutions without meetings
17Validity of decisions
18Immunity
19Chief executive officer
Division 2—Functions and powers
20Functions
21Powers
22Delegation
Division 3—Financial
23Money of Corporation
24Borrowing, investing and other financial powers
25Business plan
Part 3—Formula One Events
26Minister may declare name or title of event, race or activity
27Declared area and race period
28Corporation not to undertake works without a licence
29Corporation to consult persons affected
30Corporation to manage declared area during race period
31Power to enter Albert Park
32Fencing of land
32ADesignated access areas
32BAreas fenced or cordoned off
33Roads
34Declared area to be restored to reasonable condition
35Corporation may control and charge for filming,etc.
36Nuisance
37Corporation may remove vehicles left unattended
38Road Safety Act 1986 not to apply
39Noise and vehicle emissions
40Prohibition of unauthorised advertising
41Corporation to make payment to committee of management
42No compensation payable
Part 3A—Australian Motorcycle Grand Prix Events
42AMinister may declare name or title of event, race or activity
42BCorporation may control and charge for filming etc.
Part 4—General
43Other motor races not to be held at Albert Park
44Corporation's property in grand prix insignia
45Seizure and forfeiture of goods
46Committee of management not liable for certain worksetc.
47Powers of committee of management
48Exemption from certain laws
49Freedom of Information Act 1982
50Supreme Court—limitation of jurisdiction
50ALimitation of Supreme Court's jurisdiction—State Sport Centres (Amendment) Act 2004
51Regulations
52Transitional provision—Statute Law Amendment (Charter ofHuman Rights and Responsibilities) Act2009
______
SCHEDULES
SCHEDULE 1—Albert Park
SCHEDULE 2—Logos
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
VersionNo. 043
Australian Grands Prix Act 1994
No. 68 of 1994
Version incorporating amendments as at
1 July 2014
1
Part 1—Preliminary
Australian Grands Prix Act 1994
No. 68 of 1994
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1Purpose
The purpose of this Act is—
(a)to establish the Australian Grand Prix Corporation; and
S.1(b)
amended by No. 87/1995 s.5.
(b)to facilitate the holding of an annual Formula One Grand Prix at Albert Park; and
S.1(c)
inserted by No. 87/1995 s.5.
(c)to facilitate the holding of Australian Motorcycle Grand Prix events at the Phillip Island Grand Prix circuit.
2Commencement
(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 12months 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.
S.3
amended by No. 39/1995 s.4(1)(a).
3Definitions
s. 3
(1)In this Act—
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).
Albert Park means the land shown hatched on the plan set out in Schedule1 and includes—
(a)the land temporarily reserved by the Order in Council dated 10October 1995 and published in the Government Gazette dated 12October 1995, page2900; 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);
S.3(1) def. of Australian Motorcycle Grand Prix event insertedby No. 87/1995 s.6(1).
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;
S.3(1) def. of committee of management substituted by No.70/2004 s.16(b).
committee of management means—
(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 CrownLand (Reserves) Act 1978;
Corporation means the Australian Grand Prix Corporation established by this Act;
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).
designated access area means an area in respect of which a declaration under section32A is in force;
Formula One eventmeans a motor car race—
s. 3
(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;
S.3(1) def. of grand prix insignia amended by No. 87/1995 s.6(3)(a)–(c)(i) (ii).
grand prix insignia means—
(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;
s. 3
(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;
S.3(1) def. of logo substituted by No. 87/1995 s.6(4).
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—
and which is more particularly depicted and described in the graphic standards manual;
S.3(1) def. of Melbourne Sports and Aquatic Centre land inserted by No.70/2004 s.16(c).
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;
s. 3
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;
S.3(1) def. of PhillipIsland Grand Prix circuit inserted by No. 87/1995 s.6(1), amended by No. 30/2009 s.195.
Phillip Island Grand Prix circuit means the land described in certificates of title volume 10304 folios 751 and 752 and volume11057 folios 600 and 601;
S.3(1) def. of police officer insertedby No.37/2014 s.10(Sch. item 7.1).
police officer has the same meaning as in the Victoria Police Act 2013;
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;
S.3(1) def. of State Sport Centres Trust inserted by No.70/2004 s.16(c).
State Sport Centres Trust means the State Sport Centres Trust established by the State Sport Centres Act 1994;
S.3(1) def. of stratum of land
inserted by No. 87/1995 s.6(1).
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.
S.3(2) inserted by No. 39/1995 s.4(2).
(2)In this Act, declared area, in respect of a year, means—
(a)in relation to the period beginning on 3November 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 being[1].
4Meaning of marked with grand prix insignia
s. 4
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.
5Act 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.
6Extra-territorial operation
s. 5
It is the intention of the Parliament that the operation of sections 44 and 45 should, as far as possible, include operation in relation to acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia.
______
Part 2—Australian Grand Prix Corporation
Division 1—The Corporation
7Establishment of Corporation
s. 7
(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.
8Corporation 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.
9Corporation 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.
10Membership
s. 10
(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.
S. 10(5) amended by No. 46/1998
s. 7(Sch. 1), substituted by Nos108/2004 s.117(1) (Sch.3 item18), 80/2006 s.26(Sch. item5).
(5)The Public Administration Act 2004 (other than Part3 of that Act) applies to a member of the Corporation in respect of the office of member.
11Vacancies, 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 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.
12Acting appointments
s. 12
(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.
13Disclosure 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—
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.
14Person to preside at meetings
s. 14
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.
15Proceedings 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.
(4)Subject to this Act, the Corporation may regulate its own proceedings.
16Resolutions without meetings
s. 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.
17Validity of decisions
An act or decision of the Corporation is not invalid—
(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.
18Immunity
s. 18
(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.
19Chief 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.
Division 2—Functions and powers
20Functions
s. 20
The functions of the Corporation are—
(a)to negotiate, enter into and vary agreements under which Formula One events are held;
S.20(b) substituted by No. 87/1995 s.7(2).
(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;
S. 20(f) amendedby No.19/2003 s.29(1).
(f)such other functions as are conferred on the Corporation under this Act or any other Act.
21Powers
S. 21(1) amendedby No.19/2003 s.29(2).
(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.21(1)(a) amended by No. 87/1995 s.7(3)(a).
(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;
S.21(1)(aa) inserted by No. 87/1995 s.7(3)(b).
(aa)may, subject to this Act, establish sporting facilities and sporting services;
S.21(1)(ab) inserted by No. 87/1995 s.7(3)(b).
(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;
S.21(1)(ac) inserted by No. 87/1995 s.7(3)(b).
(ac)may promote Melbourne and Victoria as tourist destinations;
s. 21
(b)may carry on advertising and promotional activities;
S.21(1)(c) amended by No. 87/1995 s.7(3)(c).
(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;
S.21(1)(d) amended by No. 87/1995 s.7(3)(c).
(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;
S.21(1)(da) inserted by No. 87/1995 s.7(3)(d).
(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;