Motor Racing Legislation Amendment (Newcastle 500) Act 2017 No 3

An Act to amend the Homebush Motor Racing (Sydney 400) Act 2008 to facilitate the conduct of an annual motor race and associated races and events at Newcastle.

1 Name of Act

This Act is the Motor Racing Legislation Amendment (Newcastle 500) Act 2017.

2 Commencement

This Act commences on the date of assent to this Act.

Schedule 1 Amendment of Homebush Motor Racing (Sydney 400) Act 2008 No 106

[1] Whole Act (except section 46 and Schedule 2 and where otherwise amended by this Schedule)

Omit “Homebush” wherever occurring.

[2] Long title

Insert “or Newcastle” after “Homebush”.

[3] Section 1

Omit the section. Insert instead:

  

1 Name of Act

This Act is the Motor Racing (Sydney and Newcastle) Act 2008.

[4] Section 3 Definitions

Omit the definitions of Homebush motor race and Homebush motor racing period from section 3 (1).

Insert in alphabetical order:

  

motor race means a motor race, and any associated races and events, authorised under Division 1 of Part 3.

motor racing period—see section 12.

[5] Section 12 Minister may declare racing area and racing period

Omit section 12 (1) and (2). Insert instead:

  

(1)  The Minister may, by order published in the Gazette, declare any area within Sydney Olympic Park or the City of Newcastle local government area as the area within which a motor race may be conducted (the declared racing area).

(2)  The Minister may, by order published in the Gazette, designate the period during which a motor race may be conducted in the declared racing area (the motor racing period).

[6] Section 13 Approval of person who may apply for authorisation to conduct race (the race promoter)

Omit section 13 (1). Insert instead:

  

(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 motor race, and other associated races and events, within the declared racing area during the motor racing period.

[7] Section 14 Provisions relating to Ministerial orders

Omit section 14 (1). Insert instead:

  

(1)  An order made under this Division may be made to enable the conduct of only one motor race in each year.

[8] Section 15 Conduct of race requires authorisation by Destination NSW

Omit section 15 (1) and (2). Insert instead:

  

(1)  A motor race, and other associated races and events, are not authorised to be conducted under this Act unless Destination NSW authorises the conduct of the race, and the associated races and events, under this section.

(2)  Destination NSW may authorise the race promoter to conduct a motor race, and other associated races and events, subject to and in accordance with this Act.

[9] Section 17 Authorisation to carry out works

Omit section 17 (5). Insert instead:

  

(5)  Before granting an authorisation under this section, Destination NSW must consult with the following:

(a)  the Sydney Olympic Park Authority—in relation to a motor race within Sydney Olympic Park,

(b)  Newcastle City Council—in relation to a motor race within the City of Newcastle local government area,

(c)  any other public or local authority prescribed by the regulations for the purposes of this subsection.

[10] Section 18 Community and other consultation

Omit section 18 (a) (iii). Insert instead:

  

(iii)  the Sydney Olympic Park Authority—in relation to a motor race within Sydney Olympic Park, and

(iiia)  Newcastle City Council—in relation to a motor race within the City of Newcastle local government area, and

(iiib)  any other public or local authority prescribed by the regulations for the purposes of this paragraph, and

[11] Section 18 (c)

Omit “at Sydney Olympic Park and in those areas adjacent to Sydney Olympic Park”.

Insert instead “on land within the works area and land adjacent to the works area”.

[12] Section 22 Removal of unattended motor vehicles

Omit section 22 (1) and (2). Insert instead:

  

(1)  At any time during the motor racing period, the following officers may, and must at the request of Destination NSW, remove any unattended motor vehicle or trailer from the declared racing area:

(a)  a police officer,

(b)  a SOPA officer—in relation to a motor race within Sydney Olympic Park,

(c)  a Newcastle City Council officer—in relation to a motor race within the City of Newcastle local government area.

[13] Section 22 (5)

Insert in alphabetical order:

  

Newcastle City Council officer means a person:

(a)  who is employed by Newcastle City Council, or

(b)  who is subject to the control and direction of that council,

and who is an authorised person (within the meaning of the Local Government Act 1993) for the purposes of section 679 of that Act.

[14] Section 29A

Insert after section 29:

  

29A Suspension and application of Roads Act 1993

(1)  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 motor racing period (including the conduct of a motor race during the motor racing period).

(2)  A person who is authorised to carry out works under this Act may carry out those works despite the fact that carrying out those works is not authorised (when it is required to be) by, or is contrary to, or inconsistent with, the provisions of the Roads Act 1993 or any regulations made under that Act.

[15] Section 30 Suspension of certain Acts

Omit section 30 (2).

[16] Section 35 Use of official title and official insignia

Insert “or Newcastle 500” after “Sydney 400” in the definition of official title in section 35 (3).

[17] Section 37 Prohibition of certain advertising on buildings and structures

Insert “or Newcastle City Council, as appropriate,” after “Sydney Olympic Park Authority” in section 37 (8) (b).