Part 6Miscellaneous
67Use of
name
A person, other than the Authority, must not use
the name “Sydney Olympic Park” for a commercial purpose without
the written consent of the Authority.
Maximum penalty: 200 penalty
units.
68Arrangements for use of
copyright
(1)
A public authority must not make any arrangement
with an Olympic organisation for use of any matter for which the Olympic
organisation owns or controls the copyright without the written consent of the
Authority.
(2)
An arrangement made in contravention of this
section is void.
(3)
In this section:
Olympic
organisation means the International Olympic Committee or
Australian Olympic Committee Incorporated.
public
authority means:
(a)
a Public Service agency, or
(b)
a statutory body representing the Crown,
or
(c)
a State owned corporation, or
(d)
any other public or local authority constituted
by or under an Act.
s 68: Am 2015 No 58,
Sch 3.89 [10].
69Public inspection of
drawings
Any person may inspect a drawing that is referred
to in this Act and that is deposited in the office of the Authority without
charge during the ordinary office hours of the
Authority.
70Disclosure of
information
A person must not disclose any information
obtained in connection with the administration or execution of this Act (or
any other Act conferring or imposing functions on the Authority) unless that
disclosure is made:
(a)
with the consent of the person from whom the
information was obtained, or
(b)
in connection with the administration or
execution of this Act (or any such other Act), or
(c)
for the purposes of any legal proceedings arising
out of this Act (or any such other Act) or of any report of any such
proceedings, or
(d)
in accordance with a requirement imposed under
the Ombudsman Act 1974,
or
(e)
with other lawful
excuse.
Maximum penalty: 20 penalty units or imprisonment
for 6 months, or both.
71Misuse of
information
(1)
If, through association with the Authority, a
person has knowledge of specific information relating to proposals made, or to
be made, by the Authority in respect of the acquisition, development or
disposal of land and that information is not generally known but, if generally
known, might reasonably be expected to affect materially the market price of
that land, the person contravenes this subsection if the person:
(a)
deals, directly or indirectly, in that or in any
other land for the purpose of gaining an advantage for the person by the use
of that information, or
(b)
divulges that information for the purpose of
enabling another person to gain an advantage by using that information to
deal, directly or indirectly, in that or in any other
land.
Maximum penalty: 20 penalty
units.
(2)
If, through association with the Authority, a
person is in a position to influence proposals made, or to be made, by the
Authority in respect of the acquisition, development or disposal of land and
does influence the proposals by securing the inclusion or alteration of any
matter in, or the exclusion or omission of any matter from, the proposals, the
person contravenes this subsection if:
(a)
the person does so for the purpose of gaining an
advantage for the person, or
(b)
the person does so for the purpose of enabling
another person to gain an advantage.
Maximum penalty: 20 penalty
units.
(3)
If:
(a)
a contravention of subsection (1) occurs and an
advantage referred to in that subsection is gained from any dealing in land to
which the contravention relates, or
(b)
a contravention of subsection (2) occurs and an
advantage referred to in that subsection is gained from any dealing in land to
which the contravention relates, being an advantage that would not have been
gained if the proposals concerned had not been
influenced,
any person who gained that advantage is, whether or not
any person has been prosecuted for or convicted of an offence in respect of a
contravention of subsection (1) or (2), liable to another person for the
amount of any loss incurred by that other person by reason of the gaining of
that advantage.
(4)
If a loss referred to in subsection (3) is
incurred by reason of an advantage gained from a dealing in land, the amount
of the loss is the difference between the price at which the dealing was
effected and:
(a)
in the case of any dealing to which subsection
(1) relates, the price that, in the opinion of the court before which it is
sought to recover the amount of the loss, would have been the market price of
the land at the time of the dealing if the specific information used to gain
that advantage had been generally known at that time, or
(b)
in any case to which subsection (2) relates, the
price that, in the opinion of the court before which it is sought to recover
the amount of the loss, would have been the market price of the land at the
time of the dealing if the proposals concerned had not been
influenced.
(5)
An action to recover a loss referred to in
subsection (3) may not be brought more than 5 years after the dealing in land
in relation to which the loss was incurred.
(6)
For the purposes of this section, a person is
associated with the Authority:
(a)
if the person is a member of the Board, or a
member of a committee of the Board, or a member of staff of the Authority, or
a person of whose services the Authority makes use, or who is otherwise
appointed, employed or engaged, pursuant to this Act, or
(b)
if the person is an employee of the Department
within the meaning of the Environmental Planning and Assessment
Act 1979 or a person who is a member of a committee or
subcommittee established by or under that Act, or
(c)
if the person is an officer or an employee of a
council, or
(d)
if the person acts or has acted as banker,
Australian legal practitioner, auditor or professional adviser or in any other
capacity for the Authority, the Minister, the Department of Planning and
Environment or a council, or
(e)
where the person, so associated by virtue of
paragraph (d), is a corporation, if the person is a director, manager or
secretary of the corporation.
s 71: Am 2006 No 58,
Sch 3.15; 2008 No 114, Sch 2.32 [1]; 2009 No 96, Sch 26 [4]; 2015 No 58, Sch
3.89 [6] [11] [12].
72Personal
liability
A matter or thing done or omitted to be done by
the Authority, the Board, a member of the Board, a member of a committee of
the Board, the Chief Executive or a person acting under the direction of the
Authority, the Board or the Chief Executive does not, if the matter or thing
was done or omitted to be done in good faith for the purpose of executing this
or any other Act, subject a member of the Board, a member of the committee of
the Board, the Chief Executive or the person so acting personally to any
action, liability, claim or demand.
s 72: Am 2009 No 96,
Sch 26 [7]; 2015 No 58, Sch 3.89 [7].
73Financial
year
(1)
The financial year of the Authority is the year
commencing on 1 July.
(2)
A different financial year may be determined by
the Treasurer under section 4 (1A) of the Public Finance
and Audit Act 1983.
74Seal of
Authority
The seal of the Authority is to be kept by the
Chief Executive, or by a member of staff of the Authority authorised in that
behalf by the Chief Executive, and may be fixed to a document only:
(a)
in the presence of the Chief Executive or that
member of the staff, and
(b)
with an attestation by the signature of the Chief
Executive or that member of staff of the fact of the fixing of the
seal.
s 74: Am 2009 No 96,
Sch 26 [7] [8]; 2015 No 58, Sch 3.89 [6] [7].
75Recovery of
money
Any charge, fee or money due or payable to the
Authority may be recovered as a debt.
76Act to bind
Crown
This Act binds the Crown in right of New South
Wales and, in so far as the legislative power of the Parliament of New South
Wales permits, the Crown in all its other capacities.
77Proceedings for
offences
Proceedings for an offence against this Act or
the regulations are to be dealt with summarily before the Local
Court.
s 77: Am 2007 No 94,
Sch 4.
78Liability of vehicle owner for
certain parking offences
(1)
This section applies to any offence against this
Act or the regulations that arises from the parking of a vehicle on land at
Sydney Olympic Park, other than a road (which in this section is referred to
as a parking
offence).
Note—
Parking offences that occur on roads, including
roads at Sydney Olympic Park, are subject to Division 2 of Part 7.3 of the
Road Transport Act
2013.
(2)
If a parking offence occurs in relation to a
vehicle, the person who at the time of the occurrence of the offence is the
responsible person for the vehicle is taken to be guilty of the parking
offence in all respects as if the responsible person were the actual offender
guilty of the offence, unless:
(a)
in a case in which the offence is dealt with by
penalty notice, the person satisfies an authorised officer,
or
(b)
in any other case, the court hearing the
proceedings for the offence is satisfied,
that the vehicle was, at the relevant time, a stolen
vehicle or a vehicle illegally taken or used.
(3)
Nothing in this section affects the liability of
an actual offender in respect of a parking offence but, if a penalty has been
imposed on, or recovered from, any person in relation to a parking offence, no
further penalty can be imposed on or recovered from any other person in
relation to the offence.
(4)
Despite subsection (2), the responsible person
for a vehicle is not guilty of a parking offence by the operation of that
subsection if:
(a)
in a case in which the offence is dealt with by
penalty notice—the responsible person:
(i)
within 21 days after service on the responsible
person of a penalty notice for the offence, gives an authorised officer an
approved nomination notice containing the name and address of the person who
was in charge of the vehicle at all relevant times relating to the offence,
or
(ii)
satisfies the authorised officer that the
responsible person did not know and could not with reasonable diligence have
ascertained that name and address, or
(b)
in any other case—the responsible
person:
(i)
within 21 days after service on the responsible
person of a court attendance notice for the offence, gives the informant an
approved nomination notice containing the name and address of the person who
was in charge of the vehicle at all relevant times relating to the offence,
or
(ii)
satisfies the court hearing the proceedings for
the offence that the responsible person did not know and could not with
reasonable diligence have ascertained that name and
address.
(4A)
Despite any other provision of this Act, an
approved nomination notice may be provided by the responsible person for a
vehicle served with a penalty notice within 90 days of the notice being served
on the person if the approved nomination notice is provided in the
circumstances specified in section 23AA or 23AB of the Fines
Act 1996.
(4B)
If the responsible person for a vehicle supplies
an approved nomination notice to an authorised officer or an informant for the
purposes of this section, an authorised officer or informant may, by written
notice served on the responsible person, require the responsible person to
supply a statutory declaration for use in court proceedings that verifies the
nomination contained in the approved nomination notice.
(5)
A person must not, in an approved nomination
notice or a statutory declaration supplied under this section falsely nominate
another person as the person who was in charge of the vehicle at the time the
offence occurred.
Maximum penalty:
(a)
if the offence relates to a vehicle registered
otherwise than in the name of a natural person—10 penalty units,
or
(b)
in any other case—5 penalty
units.
(6)
A statutory declaration under subsection (4B), if
produced in any proceedings against the person named in the declaration and in
respect of the parking offence concerned, is evidence (unless contrary
evidence is adduced) that the person was in charge of the vehicle at all
relevant times relating to the parking offence.
(7)
An approved nomination notice or a statutory
declaration that relates to more than one parking offence does not constitute
an approved nomination notice or a statutory declaration under, or for the
purposes of, subsection (4) or (4B).
(8)
The provisions of this section are in addition to
and not in derogation of any other provisions of this or any other Act or of
any instrument in force under this or any other Act.
(9)
In this section:
approved
nomination notice has the same meaning as in section 38 of
the Fines Act 1996.
authorised officer means:
(a)
a person authorised by the Authority to exercise
the functions of an authorised officer under this section,
or
(b)
a police officer.
responsible person for a vehicle has
the same meaning as in the Road Transport
(General) Act 2005.
s 78: Am 2005 No 11,
Sch 3.44 [3]; 2013 No 19, Sch 4.75 [7]; 2016 No 13, Sch 2.13
[1]–[8].
79Penalty
notices
(1)
An authorised officer may issue a penalty notice
to a person if it appears to the officer that the person has committed a
penalty notice offence.
(2)
A penalty notice offence is an offence against
section 67, or an offence against the regulations, being an offence that is
prescribed by the regulations as a penalty notice
offence.
(3)
The Fines Act
1996 applies to a penalty notice issued under this
section.
Note—
The Fines Act
1996 provides that, if a person issued with a penalty
notice does not wish to have the matter determined by a court, the person may
pay the amount specified in the notice and is not liable to any further
proceedings for the alleged offence.
(4)
The amount payable under a penalty notice issued
under this section is the amount prescribed for the alleged offence by the
regulations (not exceeding the maximum amount of penalty that could be imposed
for the offence by a court).
(5)
This section does not limit the operation of any
other provision of, or made under, this or any other Act relating to
proceedings that may be taken in respect of offences.
(6)
In this section, authorised officer means a person
authorised in writing by the Authority as an authorised officer for the
purposes of this section.
s 79: Am 2010 No 4,
Sch 1 [8] [9]. Subst 2017 No 22, Sch 3.76.
80Amendment of Schedules 1 and
2
(1)
The regulations may amend Schedule 1 or 2:
(a)
by omitting any matter, or
(b)
by inserting any matter, or
(c)
by altering any
matter.
(2)
The regulations may omit Schedule 1 or Schedule
2, or both, and insert instead a Schedule that specifies or describes land, or
Schedules that specify or describe land, at or in the vicinity of Homebush
Bay, or Sydney Olympic Park as it was constituted at any time before any such
regulation took effect.
(3)
Land that is not included in Schedule 1 or 2 on 1
July 2001 cannot be included in a Schedule by a regulation without the consent
of the owner of the land.
(4)
A regulation made for the purposes of this
section may declare:
(a)
that specified land is a road within the meaning
of this Act, and
(b)
that the Authority has the functions under
Division 4 of Part 4 in relation to the land so
specified.
81Amendment of Schedule
3
The regulations may amend Schedule 3 to add to
the land for the time being described in that Schedule:
(a)
Crown land (within the meaning of the Crown Land Management Act 2016) or other
land of the Crown, or
(b)
land of a public or local authority constituted
by an Act of Parliament, or
(c)
other land in respect of which the owner of the
land has consented to its inclusion in Schedule 3.
s 81: Am 2017 No 17,
Sch 4.93 [2].
82Regulations
(1)
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
(2)
In particular, regulations may be made for or
with respect to the following:
(a)
the functions of the Authority and any member of
staff of the Authority, including rangers,
(b)
the fees and charges that may be imposed for the
purposes of this Act,
(c)
regulating or prohibiting the use by the public
of any land within Sydney Olympic Park,
(d)
regulating or prohibiting the use of facilities
of the Authority, or in Sydney Olympic Park, and the provision of services by
or on behalf of the Authority, or in Sydney Olympic Park,
(e)
requiring the payment of fares or other charges
for the use of any facility operated or service provided by or on behalf of
the Authority, or in Sydney Olympic Park,
(f)
authorising a person granted a lease, licence or
other authority by the Authority to require the payment of fares or other
charges for the use of any facility operated or service provided under the
lease, licence or other authority,
(g)
ensuring the proper conduct and safety of persons
on any land within Sydney Olympic Park or while using any facility or service
referred to in paragraph (e) or (f),
(h)
providing for the removal of trespassers and
persons causing nuisance or annoyance to others while within Sydney Olympic
Park,
(i)
conferring on the Authority any function that may
be exercised by a council in relation to a public
place.
(3)
The regulations may create an offence punishable
by a maximum penalty of 50 penalty units.
s 82: Am 2009 No 96,
Sch 26 [4]; 2015 No 58, Sch 3.89 [6].
83Repeal of Homebush Bay Operations Act
1999 No 77
(1), (2)
(3)
For the purposes of any agreement entered into by
the Olympic Co-ordination Authority constituted by the Olympic Co-ordination Authority Act
1995, it is declared that this Act is made in replacement
for the Homebush Bay Operations Act
1999.
(4)
Except to the extent otherwise provided by this
Act or the regulations, the functions conferred on the Authority by or under
this Act do not affect the provisions of any agreement entered into by the
Olympic Co-ordination Authority before the commencement of this Act in
relation to land within Sydney Olympic Park.
s 83: Am 2011 No 62,
Sch 5.
84–87
s 84: Rep 2011 No 62,
Sch 5.
s 85: Rep 2011 No 62,
Sch 5.
s 86: Am 2006 No 58,
Sch 4. Rep 2011 No 62, Sch 5.
s 87: Rep 2006 No 58,
Sch 4.
88Savings, transitional and
other provisions
Schedule 8 has effect.
89Review of
Act
(1)
The Minister is to review this Act to determine
whether the policy objectives of the Act remain valid and whether the terms of
the Act remain appropriate for securing those
objectives.
(2)
The review is to be undertaken as soon as
possible after the period of 5 years from the date of assent to this
Act.
(3)
A report on the outcome of the review is to be
tabled in each House of Parliament within 12 months after the end of the
period of 5 years.