An Act to facilitate the conduct of an annual motor race at Homebush; and for other purposes.
long title: Am 2014 No 26, Sch 2 [1].
Part 1 Preliminary
1 Name of Act
This Act is the Homebush Motor Racing (Sydney 400) Act 2008.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
(1) In this Act:declared racing area—see section 12.Destination NSW means Destination NSW as constituted under Part 2 of the Destination NSW Act 2011.exercise a function includes perform a duty.function includes a power, authority or duty.Homebush motor race means a V8 motor race, and any associated motor races and events, authorised under Division 1 of Part 3.Homebush motor racing period—see section 12.race promoter, in relation to a Homebush motor race, means the person who has approval under section 13 to apply to Destination NSW for an authorisation to conduct the race.relevant council, in relation to a declared racing area or works area, means a local council the area of which includes the declared racing area or works area (as the case may be) or part of such an area.works area—see section 17.works period—see section 17.(2) An order, authorisation or approval under this Act may be amended or revoked by further order, authorisation or approval, respectively.(3) Notes included in this Act do not form part of this Act.s 3: Am 2014 No 26, Sch 2 [2]–[4].
Part 2 Functions of Destination NSW
pt 2: Subst 2014 No 26, Sch 2 [5].
4 Functions of Destination NSW
The functions of Destination NSW under this Act include the following:(a) such functions relating to the preparation for, the management and conduct of, and the works associated with, a Homebush motor race as are conferred on it by or under this or any other Act,(b) to liaise with the New South Wales Government, the race promoter and any other persons Destination NSW considers relevant to the preparation for, the management and conduct of, and the works associated with, a Homebush motor race,(c) to consult with relevant government agencies on matters relating to a Homebush motor race,(d) to advise the Minister in relation to the Minister’s functions under this Act and in relation to any other matter relating to a Homebush motor race.s 4: Subst 2014 No 26, Sch 2 [5].
5–11 (Repealed)
ss 5–11: Rep 2014 No 26, Sch 2 [5].
Part 3 Conduct of Homebush motor racing
Division 1 Authorisations
12 Minister may declare racing area and racing period
(1) The Minister may, by order, declare any area within Sydney Olympic Park as the area within which a Homebush motor race may be conducted (the declared racing area).Editorial note—For orders under this subsection, see Gazettes No 87 of 12.6.2009, p 3058; No 118 of 1.10.2010, p 5053 (see also erratum in Gazette No 119 of 8.10.2010, p 5105); No 88 of 9.9.2011, p 5492; No 86 of 31.8.2012, p 3842; No 105 of 23.8.2013, p 3874; No 70 of 22.8.2014, p 2945; No 79 of 18.9.2015, p 2964 and No 82 of 14.10.2016, p 2799.(2) The Minister may, by order, designate the period during which a Homebush motor race may be conducted (the Homebush motor racing period).Editorial note—For orders under this subsection, see Gazettes No 87 of 12.6.2009, p 3059; No 118 of 1.10.2010, p 5052 (see also erratum in Gazette No 119 of 8.10.2010, p 5105); No 88 of 9.9.2011, p 5493; No 86 of 31.8.2012, p 3843; No 105 of 23.8.2013, p 3875; No 70 of 22.8.2014, p 2946; No 79 of 18.9.2015, p 2965 and No 82 of 14.10.2016, p 2799.(3) In this section, Sydney Olympic Park has the same meaning as it has in the Sydney Olympic Park Authority Act 2001, but does not include any area that is subject to a lease on the date of assent to this Act and has not ceased to be subject to a lease at the time the order is made.
13 Approval of person who may apply for authorisation to conduct race (the race promoter)
(1) The Minister may, by order, approve the person who is entitled to apply to Destination NSW for an authorisation under section 15 to conduct a V8 motor race (and other associated motor races and events) within the declared racing area during the Homebush motor racing period.(2) Any such application must be made in the manner, and lodged with Destination NSW within the time, determined by the Minister in the order under subsection (1).Editorial note—For orders under this section, see Gazettes No 87 of 12.6.2009, p 3059; No 118 of 1.10.2010, p 5052 (see also erratum in Gazette No 119 of 8.10.2010, p 5105); No 88 of 9.9.2011, p 5493; No 86 of 31.8.2012, p 3843; No 105 of 23.8.2013, p 3875; No 70 of 22.8.2014, p 2946; No 79 of 18.9.2015, p 2965 and No 82 of 14.10.2016, p 2800.ss 13–16: Am 2014 No 26, Sch 2 [4].
14 Provisions relating to Ministerial orders
(1) An order made under this Division may only be made to enable the conduct of the Homebush motor race during a single period each year.(2) An order under this Division remains in force until the end of the period of 5 years from the date that it took effect unless sooner revoked.(3) An order made under this Division must be published in the Gazette.(4) The Minister is to seek the advice of Destination NSW before making an order under this Division.ss 13–16: Am 2014 No 26, Sch 2 [4].
15 Conduct of race requires authorisation by Destination NSW
(1) A V8 motor race (and other associated motor races and events) are not authorised to be conducted under this Act unless Destination NSW authorises the conduct of the race (and associated races and events) under this section.(2) Destination NSW may authorise the race promoter to conduct a V8 motor race (and other associated motor races and events) subject to and in accordance with this Act.(3) Any such authorisation may be given for a period not exceeding 5 years.(4) Any such authorisation may be given subject to such conditions as Destination NSW considers it reasonable to impose, including (but not limited to) conditions relating to any of the following:(a) public safety,(b) environmental protection,(c) insurance,(d) reporting requirements,(e) transport arrangements,(f) reinstatement of land,(g) consultation requirements,(h) financial arrangements (including the provision of security),(i) event and works planning requirements,(j) engineering certification requirements.The race promoter must, in conducting the Homebush motor race, comply with any such conditions.(5) Before imposing a condition of an authorisation, Destination NSW must advise the race promoter of the condition by notice in writing and allow the race promoter 14 days within which the race promoter may make submissions to Destination NSW in relation to the proposed condition.(6) The conditions of an authorisation may be amended (including by introducing additional conditions) or revoked at any time by notice in writing to the race promoter.(7) Destination NSW must, within 4 months from the end of the declared racing period, review the conditions of any authorisation that remains in force and determine whether the conditions of that authorisation remain appropriate.(8) Destination NSW may revoke an authorisation given under this section, on the grounds that a condition of the authorisation has not been complied with, only if Destination NSW is satisfied that:(a) the failure to comply with the condition is of a serious or continuing nature, and(b) it is appropriate to do so in the circumstances.(9) If any condition of an authorisation given under this section relating to public safety, environmental protection or insurance is contravened, the race promoter is guilty of an offence.Maximum penalty:(a) in the case of an individual—$250,000, or(b) in the case of a corporation—$1,000,000.(10) It is a defence in any proceedings against a person for an offence under subsection (9) if the person establishes:(a) that the commission of the offence was due to causes over which the person had no control, and(b) that the person took reasonable precautions and exercised due diligence to prevent the commission of the offence.ss 13–16: Am 2014 No 26, Sch 2 [4].
Division 2 Carrying out works
16 Plans of proposed works
(1) The race promoter must make the following information available for public inspection:(a) the information specified in section 17 (2) (a), (b) and (c),(b) any other information relating to the proposed works that the regulations, or Destination NSW by written notice, requires.(2) Such information must be made available for public inspection at a place designated by Destination NSW during the period commencing on the date the application under section 17 to carry out the works is made and ending on the date that the works are completed.ss 13–16: Am 2014 No 26, Sch 2 [4].
17 Authorisation to carry out works
(1) The race promoter may apply to Destination NSW for authorisation to carry out works associated with a Homebush motor race.(2) Any such application must be in writing and include the following information:(a) a description of the proposed works,(b) a description of the land on which the works are to be carried out (including any land required to be used in order to carry out the works),(c) the period during which the works are proposed to be carried out,(d) details of the outcome of consultation with the persons and bodies specified in section 18 (a) in relation to the proposed works and the period during which the works are proposed to be carried out,(e) any other information relating to the proposed works that the regulations, or Destination NSW by written notice, requires to be included.(3) Subject to this Division, Destination NSW may authorise the race promoter to carry out specified works associated with a Homebush motor race (and do any other things on the land that are reasonably necessary for or incidental to such works) on the land within a specified area (the works area) during a specified period (the works period).(4) An authorisation may be granted subject to such conditions as Destination NSW considers it reasonable to impose, including (but not limited to) conditions relating to any of the following:(a) public safety,(b) environmental protection,(c) insurance,(d) reporting requirements,(e) reinstatement of land,(f) consultation requirements,(g) financial arrangements (including the provision of security),(h) event and works planning requirements,(i) engineering certification requirements.The race promoter must, in carrying out any work authorised by Destination NSW under this section, comply with any such conditions.(5) Before granting an authorisation under this section, Destination NSW must consult with the Sydney Olympic Park Authority.(6) A different works period may be specified in respect of different categories of work or different works areas.(7) A works area may be within or outside of the declared racing area and a works period may fall within or outside of the Homebush motor racing period.(8) The race promoter is taken to be the owner of a works area during the relevant works period (to the exclusion of any other person):(a) for the purposes of the appointment of a principal contractor (in respect of an area that is a place of work) in accordance with the regulations under the Work Health and Safety Act 2011, and(b) for any other purpose prescribed by the regulations.(9) The race promoter must comply with any direction of Destination NSW:(a) to ensure compliance with this section, or(b) to rectify any matter that Destination NSW considers to constitute a breach of the conditions of an authorisation under this section.s 17: Am 2011 No 67, Sch 4.13; 2014 No 26, Sch 2 [4].
18 Community and other consultation
Before granting an authorisation under section 17, Destination NSW must be satisfied that the race promoter has:(a) taken all reasonable steps to consult with:(i) any person having a right of occupation of land within the works area, and(ii) any person occupying land immediately adjacent to the works area, and(iii) the Sydney Olympic Park Authority, and(iv) any relevant council, and(v) any other person nominated by Destination NSW (by notice in writing to the race promoter) as a person whose business or financial interests might be affected by the works, and(b) taken into account any representations made by any person or body referred to in paragraph (a), and(c) demonstrated that it will take adequate steps to prevent or minimise any harm to the environment, and disruption of other lawful activities, at Sydney Olympic Park and in those areas adjacent to Sydney Olympic Park.ss 18,19, 21: Am 2014 No 26, Sch 2 [4].
19 Other authorisations to carry out works not permitted
(1) Destination NSW may direct the Sydney Olympic Park Authority or a council to refuse to consider an application to carry out specified works, or to refuse to approve or authorise the carrying out of specified works, under a relevant provision if Destination NSW believes that the carrying out of the works are or should be authorised under section 17.(2) In this section, relevant provision means a provision of an Act that would otherwise enable the Sydney Olympic Park Authority or a council to consider an application for, or approve or authorise, the carrying out of specified works.
Division 3 General provisions
20 Control of declared racing area during Homebush motor racing period
(1) The race promoter is (subject to, and in accordance with, this Act and any authorisation given under this Act) responsible for the care, control, management and use of land within the declared racing area during the Homebush motor racing period and the rights or obligations of any other person in or in relation to the care, control, management and use of the land are suspended for the Homebush motor racing period.(2) Subsection (1) does not suspend the rights or obligations of a person to the extent that an agreement between that person and the race promoter so provides.
21 Control of parts of declared racing area outside Homebush motor racing period
(1) The race promoter may, with the authorisation of Destination NSW, fence or cordon off a part of the declared racing area for the purposes of a Homebush motor race for a period not falling within the Homebush motor racing period. Destination NSW may only provide authorisation under this subsection if it considers that the fencing or cordoning off is reasonably necessary for or incidental to the exercise of the race promoter’s functions under this Act.(2) Section 20 applies in relation to land that is fenced or cordoned off by the race promoter in accordance with this section in the same way that it applies to land within the declared racing area. Accordingly, any reference to the Homebush motor racing period in that section is taken to include a reference to the period during which the land is fenced or cordoned off.(3) For the purposes of this section, cordoning off an area includes the erection of signs indicating that the area is subject to restricted access.
22 Removal of unattended motor vehicles
(1) At any time during the Homebush motor racing period, a police officer or a SOPA officer may, and must at the request of Destination NSW, remove any unattended motor vehicle or trailer from the declared racing area.(2) At any time during the Homebush motor racing period, the race promoter may direct an appropriate officer to remove an unattended motor vehicle or trailer from the declared racing area if the race promoter is of the opinion that it is necessary to do so.(3) The provisions of section 143 (2)–(8) of the Road Transport Act 2013 apply to the removal of an unattended motor vehicle or trailer in accordance with this section in the same way as they apply to the removal of an unattended motor vehicle or trailer in accordance with that section.(4) However, it is not necessary that the unattended motor vehicle or trailer is standing unlawfully.(5) In this section:appropriate officer has the same meaning as in section 143 of the Road Transport Act 2013, but does not include a police officer.SOPA officer means a person authorised by the Sydney Olympic Park Authority to exercise the functions of an authorised officer under section 78 of the Sydney Olympic Park Authority Act 2001.s 22: Am 2013 No 19, Sch 4.30 [1]–[3]; 2014 No 26, Sch 2 [4].
23 Reinstatement of land
(1) The race promoter must, within a reasonable time after the Homebush motor racing period:(a) repair any damage to land (including any fixtures) caused by the activities of the race promoter in connection with the Homebush motor race, and(b) remove any rubbish from land within the declared racing area and works area, andunless the race promoter and Destination NSW have otherwise agreed.(c) reinstate any land affected by the activities of the race promoter in connection with the Homebush motor race, so far as is practicable, to the condition it was in before the carrying out of works by the race promoter and the conduct of the Homebush motor race,(2) If the race promoter fails to carry out the work required to comply with subsection (1) within a reasonable time, Destination NSW:(a) may cause the work to be carried out, and(b) may, by proceedings brought in a court of competent jurisdiction, recover from the race promoter as a debt the cost of carrying out the work.(3) A document signed by the Chief Executive Officer of Destination NSW certifying the cost of carrying out work in accordance with subsection (2) is admissible in any proceedings and is evidence of that cost.s 23: Am 2014 No 26, Sch 2 [4] [6].
24 Co-ordination and co-operation of government agencies
(1) A NSW Government agency has the following obligations in respect of a Homebush motor race:(a) to co-operate with Destination NSW in the exercise of the Authority’s functions, including complying with any reasonable request of Destination NSW for information to enable Destination NSW to exercise its functions,(b) to provide resources and assistance in accordance with any request of Destination NSW that is authorised by or under this Act,(c) to notify Destination NSW of any proposed exercise of the agency’s functions that may impact adversely on the Homebush motor race, any works authorised under section 17 or the exercise of the Authority’s functions.(2) A NSW Government agency is authorised to exercise any of its functions in order to comply with a request, direction or decision of the Minister or Destination NSW made or given under this Act.(3) The Minister may, by notice in writing given to a prescribed government agency, direct the agency to comply with a request, direction or decision of Destination NSW made or given under this Act. However, if another Minister is responsible for the prescribed government agency, the Minister must consult with that Minister before making such a direction.(4) In this section, prescribed government agency means a NSW Government agency prescribed by the regulations for the purposes of subsection (3).s 24: Am 2014 No 26, Sch 2 [4].
25 Race promoter to comply with directions of Destination NSW
(1) Destination NSW may direct the race promoter to do or not to do such things, and to provide such information, in relation to public safety and environmental protection matters associated with a Homebush motor race as Destination NSW considers reasonable in the circumstances.(2) The race promoter is to comply in every respect with a direction given under subsection (1) and is not to authorise any act or omission by any person contrary to the direction.(3) A direction given by Destination NSW under subsection (1) is taken to be a condition of the authorisation given to the race promoter to conduct the Homebush motor race.s 25: Am 2014 No 26, Sch 2 [4].
Part 4 Application of other laws
26 Application of Environmental Planning and Assessment Act 1979
(1) Part 5 of the Environmental Planning and Assessment Act 1979 does not apply in respect of the conduct of a Homebush motor race during the Homebush motor racing period, or the carrying out of works as authorised under this Act.(2) An environmental planning instrument under the Environmental Planning and Assessment Act 1979 cannot prohibit, require development consent for or otherwise restrict the conduct of a Homebush motor race during the Homebush motor racing period, or the carrying out of works as authorised under this Act.(3) The conduct of a Homebush motor race during the Homebush motor racing period, or the carrying out of works as authorised under this Act, cannot be declared to be a project under Part 3A, or State significant infrastructure under Part 5.1, of the Environmental Planning and Assessment Act 1979.(4) An order under Division 2A of Part 6 of the Environmental Planning and Assessment Act 1979 does not have effect to the extent that it prevents or interferes with the conduct of a Homebush motor race during the Homebush motor racing period, or the carrying out of works as authorised under this Act.(5) Subsection (2) applies to an environmental planning instrument made before or after the commencement of this section.s 26: Am 2011 No 22, Sch 2.11.
27 Application of National Parks and Wildlife Act 1974
For the purposes of Part 8A of the National Parks and Wildlife Act 1974, any act that is authorised or permitted by or under this Act is taken to be an act that is essential for the carrying out of development in accordance with a development consent within the meaning of the Environmental Planning and Assessment Act 1979.
28 Application of Local Government Act 1993
(1) A person who is authorised or permitted to do anything by or under this Act may do that thing despite the fact that the doing of it is not authorised (when required to be) by the Local Government Act 1993.(2) A person who is authorised or permitted to do anything by or under this Act may do that thing despite the fact that the doing of it is contrary to, or inconsistent with, the terms or conditions of an approval granted under the Local Government Act 1993.(3) A person does not breach the terms or conditions of an approval relating to:(a) the management of waste, being an approval under item 1, 2, 3 or 4 of Part C of the Table to section 68 of the Local Government Act 1993, or(b) the hours during which an activity may take place, or(c) the means of access to land or premises, or(d) the emission of noise, including permissible noise levels, orby the doing of anything that is reasonably necessary to be done by or under, or as a consequence of the operation of, this Act.(e) the effect of an activity on the amenity of the locality,(4) A person who is exempt from the requirement to obtain an approval under section 68 of the Local Government Act 1993 does not cease to be exempt from the requirement by the doing of anything that is reasonably necessary to be done under, or as a consequence of the operation of, this Act.
29 Application of Sydney Olympic Park Authority Act 2001
A person who is authorised or permitted to do anything by or under this Act may do that thing despite the fact that the doing of it is not authorised (when it is required to be) by, or is contrary to, or inconsistent with, the provisions of the Sydney Olympic Park Authority Act 2001 or any regulations made under that Act.
30 Suspension of certain Acts
(1) Except to the extent that the regulations otherwise provide and subject to any modifications specified in the regulations, the provisions of:(a) the Motor Vehicle Sports (Public Safety) Act 1985, anddo not apply in respect of a Homebush motor race during a Homebush motor racing period.(b) section 115 of the Road Transport Act 2013,(2) Except to the extent that the regulations otherwise provide and subject to any modifications specified in the regulations, the provisions of the Roads Act 1993 do not apply within the declared racing area during a Homebush motor racing period.(3) Except to the extent that the regulations otherwise provide and subject to any modifications specified in the regulations, the provisions of the Protection of the Environment Operations Act 1997 (being those provisions of that Act that relate to noise) do not apply in respect of any activity that is carried out in accordance with any authorisation given under this Act or the regulations during the Homebush motor racing period.s 30: Am 2013 No 19, Sch 4.30 [4].
31 No liability in nuisance
Anything done or omitted to be done by any person:(a) in the exercise of functions under this Act or the regulations, or(b) pursuant to any of the provisions of this Act or the regulations, ordoes not constitute a nuisance.(c) in accordance with any authorisation given under this Act or the regulations,
32 Compensation not payable in respect of Homebush motor race-related matters
(1) Compensation is not payable by or on behalf of:(a) the State or an authority of the State, or(b) Destination NSW, or(c) a local council, orfor an act or omission that is a Homebush motor race-related matter or that arises (directly or indirectly) from a Homebush motor race-related matter.(d) an officer, employee or agent of the State, an authority of the State, Destination NSW or a local council,(2) Subsection (1):(a) applies only in respect of acts done or omitted to be done in good faith, and(b) does not apply to acts or omissions that cause personal injury to a person or the death of a person.(3) Subsection (1) does not affect compensation payable under any indemnity given, or other agreement made, by the State, an authority of the State, Destination NSW, a local council or a person referred to in subsection (1), that expressly relates to a Homebush motor race-related matter.(4) In this section:compensation includes damages and any other form of monetary compensation.means the following:(a) the conduct of a Homebush motor race,(b) works conducted or other things done under an authorisation given under this Act or the regulations,(c) the administration or purported administration of this Act,(d) the exercise or purported exercise of functions under this Act or the regulations.s 32: Am 2014 No 26, Sch 2 [4].
33 Compensation not payable by race promoter in certain circumstances
(1) Compensation is not payable by or on behalf of the race promoter, or an officer, employee or agent of the race promoter, for an act or omission that is a Homebush motor race-related matter or that arises (directly or indirectly) from a Homebush motor race-related matter.(2) Subsection (1):(a) applies only to the extent that the claim for compensation is a claim for economic loss, and(b) applies only in respect of acts done or omitted to be done in good faith, and(c) applies only in respect of anything done or omitted to be done in accordance with any authorisation given under this Act or the regulations, and(d) does not apply to acts or omissions that cause personal injury to a person or the death of a person, and(e) does not apply to acts or omissions that cause property damage.(3) Subsection (1) does not affect compensation payable under any indemnity given, or other agreement made, by the race promoter or a person referred to in subsection (1), that expressly relates to a Homebush motor race-related matter.(4) In this section:compensation includes damages and any other form of monetary compensation.means the following:(a) the conduct of a Homebush motor race,(b) works conducted or other things done under an authorisation given under this Act or the regulations.
34 Protection of exercise of certain functions
(1) This section applies to a function (a protected function) conferred or imposed on any of the following persons (a protected person) by or under Part 3:(a) the Minister (including a delegate of the Minister),(b) Destination NSW (including a delegate of Destination NSW).(2) The exercise by any protected person of any protected function may not be:(a) challenged, reviewed, quashed or called into question before any court of law or administrative review body in any proceedings, or(b) restrained, removed or otherwise affected by any proceedings.(3) Without limiting subsection (2), that subsection applies whether or not the proceedings relate to any question involving compliance or non-compliance, by a protected person, with the provisions of Part 3 or the rules of natural justice (procedural fairness).(4) Accordingly, no court of law or administrative review body has jurisdiction or power to consider any question involving compliance or non-compliance, by the protected person, with those provisions or with those rules so far as they apply to the exercise of any protected function.(5) This section has effect despite any provision of this Act or other legislation or any other law (whether written or unwritten).(6) In this section:exercise of functions includes:(a) the purported exercise of functions, and(b) the non-exercise or improper exercise of functions, and(c) the proposed, apprehended or threatened exercise of functions.proceedings includes:(a) proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, andbut does not include any investigation or proceedings under the Independent Commission Against Corruption Act 1988.(b) without limiting paragraph (a), proceedings in the exercise of the inherent jurisdiction of the Supreme Court or the jurisdiction conferred by section 23 of the Supreme Court Act 1970,s 34: Am 2014 No 26, Sch 2 [4].
Part 5 Miscellaneous
35 Use of official title and official insignia
(1) A person, other than the race promoter, must not use any official title or official insignia for a commercial purpose without the written consent of the race promoter.Maximum penalty: 200 penalty units.(2) A consent under this section:(a) may be given with or without conditions (including conditions requiring payment to the race promoter), and(b) may be revoked by the race promoter for breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent.(3) In this section:official insignia means a logo, symbol or other design approved by Destination NSW for the purposes of this section by notice published in the Gazette.official title means Sydney 400 (where the expression can reasonably be taken to refer to a motor race) or any other title approved by Destination NSW for the purposes of this section by notice published in the Gazette.s 35: Am 2014 No 26, Sch 2 [4].
36 Race promoter may control and charge fee for filming
(1) Except with the consent of the race promoter, a person is not entitled to film, for the purpose of profit or gain, the Homebush motor race, or any part of the race, whether or not the filming takes place within the declared racing area.(2) The race promoter may, if the race promoter thinks fit, charge a fee for giving consent under subsection (1), being a fee of the prescribed amount or such other amount as the race promoter considers appropriate in a particular case.(3) If a person films the Homebush motor race, for the purpose of profit or gain, without the consent of the race promoter, the race promoter may recover, as a debt due to the race promoter, by proceedings in a court of competent jurisdiction, the fee of a prescribed amount referred to in subsection (2).(4) In this section, film means make a sound recording or a record of moving images (or both), whether on film or video tape or electronically or by other means.
37 Prohibition of certain advertising on buildings and structures
(1) The Minister may, by order published in the Gazette, designate any area to be an advertising controlled site for the period (if any) specified in the order.(2) An area is an advertising controlled site for the purposes of this section only for:(a) the period specified in the order, or(b) if no period is specified in the order—the Homebush motor racing period or, if the Homebush motor race has already commenced, the remainder of that period.(3) A person who is the owner or occupier or the holder of a lease or licence relating to a building or structure that is (or is part of) an advertising controlled site must not, while the land is an advertising controlled site, cause or permit any advertising material to be fixed to or placed on, or to remain on, the building or structure, except as authorised or permitted by Destination NSW.Maximum penalty:(a) in the case of an individual—250 penalty units, or(b) in the case of a corporation—500 penalty units.(4) A person authorised by Destination NSW for the purposes of this subsection may obliterate or remove any advertising material that is on a building or structure in contravention of this section.(5) A person authorised under subsection (4) may enter:(a) an advertising controlled site to undertake the obliteration or removal referred to in that subsection, and(b) other adjacent premises, if necessary, to undertake that obliteration or removal.(6) A person is not entitled under this section to enter a part of premises used only for residential purposes, except with the consent of the occupier of the part.(7) In exercising functions under subsection (4), the person must:(a) cause as little damage as possible, and(b) produce to any person apparently in charge of the premises who requests its production the person’s authorisation under that subsection.(8) This section does not apply to the following advertising material:(a) any advertising material:(i) that has an area of not more than one square metre, or(ii) comprising a series of related advertisements that together have an area of not more than one square metre,(b) any advertising material that was fixed or placed on a building or structure with the permission of the Sydney Olympic Park Authority (but only if the permission was provided before the area within which the material is situated became an advertising controlled site),(c) any advertising material that is exempted from this section by the regulations.s 37: Am 2014 No 26, Sch 2 [4].
38 Prohibition of certain aerial advertising
(1) For the purposes of this section, advertising controlled airspace means airspace that is within unaided sight of the following places:(a) the declared racing area,but only during such periods as are prescribed by the regulations in relation to the place.(b) such other areas as may be prescribed by the regulations for the purposes of this section,(2) A person must not display an advertisement, or cause an advertisement to be displayed, in advertising controlled airspace, except with the authorisation of Destination NSW.Maximum penalty: 1,000 penalty units.(3) An application for the authorisation of Destination NSW under this section may be made in such form and manner as is determined by Destination NSW.(4) Destination NSW may determine an application by granting the application, unconditionally or subject to conditions, or by refusing the application.(5) Before determining an application, Destination NSW must advise the race promoter of the details of the application by notice in writing and allow the race promoter 14 days within which the race promoter may make submissions to Destination NSW in relation to the application.(6) For the purposes of this section, Destination NSW may grant authorisation to a person, or to classes or descriptions of persons, only if in its opinion the display of the advertisement will not adversely affect the organisation or conduct of the Homebush motor race.(7) The determination of Destination NSW with respect to an application for authorisation is final.(8) For the purposes of this section:advertisement includes the following:(a) skywriting or signwriting by an aircraft,(b) a banner, or other sign, towed by or attached to an aircraft,(c) matter displayed on an aircraft, other than its normal markings and livery,(d) matter displayed on a hang glider, parachute, paraglider or similar device, other than its normal markings, or on a banner or sign attached to a hang glider, parachute, paraglider or similar device,(e) a banner, or other sign, attached to a person suspended from a hang glider, parachute, paraglider or similar device,(f) matter displayed by the projection of a laser light or other light source.aircraft includes an airship or a balloon.s 38: Am 2014 No 26, Sch 2 [4].
39 (Repealed)
s 39: Rep 2014 No 26, Sch 2 [7].
40 Effect of Act on contracts, instruments and related matters
(1) The operation of this Act is not to be regarded as:(a) a breach of contract or confidence or otherwise as a civil wrong, or(b) a breach of any instrument, or(c) an event of default under any contract or other instrument, or(d) giving rise to any remedy by a party to a contract or other instrument, or as causing or permitting the termination of, or exercise of rights under, any contract or other instrument.(2) In this section, instrument does not include a statutory instrument.
41 Offences by corporations
(1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or has been convicted under the provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under this Act or the regulations.
42 Proceedings for offences
(1) Proceedings for an offence against this Act or the regulations may be dealt with:(a) summarily before the Local Court, or(b) summarily before the Supreme Court in its summary jurisdiction.(2) If proceedings are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 100 penalty units or such other amount as may be prescribed by the regulations, despite any higher maximum monetary penalty provided in respect of the offence.s 42: Am 2009 No 106, Sch 4.19.
43 Regulations
(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 fees and charges that may be imposed for the purposes of this Act,(b) the fees that may be charged or collected by the race promoter for admission to the declared racing area or part of the declared racing area,(c) (Repealed)(d) regulating the provision of services by the race promoter,(e) regulating access to the declared racing area or part of a declared racing area,(f) regulating the conduct of persons in the declared racing area and the exclusion or expulsion of persons from the declared racing area,(g) regulating, restricting or prohibiting the bringing of liquor into, or consumption of liquor within, the declared racing area during a Homebush motor racing period,(h) the driving or parking of motor vehicles within the declared racing area (including, but not limited to enabling Destination NSW to issue notices, with the concurrence of Roads and Maritime Services, to remove specified restrictions on parking within the declared racing area),(i) conferring on Destination NSW any function that may be exercised by a local council in relation to a public place.(3) The regulations may modify the application of the regulations made under the Sydney Olympic Park Authority Act 2001 within the declared racing area during the Homebush motor racing period.(4) The regulations may create an offence punishable by a maximum penalty of 50 penalty units.s 43: Am 2011 No 41, Sch 5.9; 2014 No 26, Sch 2 [4] [8].
44 Savings, transitional and other provisions
Schedule 2 has effect.
45 (Repealed)
s 45: Rep 2011 No 62, Sch 5.
46 Review 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 within 6 months from the end of the Homebush motor racing period in 2010.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 6 months from the end of the Homebush motor racing period in 2010.
Schedule 1 (Repealed)
sch 1: Rep 2014 No 26, Sch 2 [9].
Schedule 2 Savings, transitional and other provisions
(Section 44)
Part 1 Preliminary
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of Trade and Investment Cluster Governance (Amendment and Repeal) Act 2014
2 Dissolution of bodies and transfer of assets, rights and liabilities
(1) The following bodies established under this Act are dissolved:(a) the Homebush Motor Racing Authority (the Authority),(b) the Advisory Board of the Authority (theBoard),(c) the Event Implementation Committee (the Committee).(2) The assets, rights and liabilities of the Authority immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of Destination NSW.(3) Section 27 of the Trade and Investment Cluster Governance (Amendment and Repeal) Act 2014 applies to the transfer of the assets, rights and liabilities of the Authority by the operation of this clause and so applies as if it were a transfer pursuant to Parts 2–6 of that Act when this clause takes effect.(4) The persons who were members of the Board immediately before its dissolution cease to hold office as members and are not entitled to any remuneration or compensation because of the loss of that office.(5) The persons who were members of the Committee immediately before its dissolution cease to hold office as members and are not entitled to any remuneration or compensation because of the loss of that office.(6) In this clause:assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).
3 References to Homebush Motor Racing Authority
A reference in any other Act, or in any instrument made under any Act or in any document of any kind to the Homebush Motor Racing Authority is to be construed as a reference to Destination NSW.
sch 2: Am 2014 No 26, Sch 2 [10]–[12].