Sydney Olympic Park Authority Act 2001 No 57
Current version for 1 December 2018 to date (accessed 6 August 2020 at 02:07)
Part 6
Part 6 Miscellaneous
67   Use 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.
68   Arrangements 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.
69   Public 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.
70   Disclosure 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.
71   Misuse 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.
72   Personal 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.
73   Financial 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.
74   Seal 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.
75   Recovery of money
Any charge, fee or money due or payable to the Authority may be recovered as a debt.
76   Act 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.
77   Proceedings for offences
Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.
78   Liability 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.
79   Penalty 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.
80   Amendment 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.
81   Amendment 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.
82   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 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.
(1), (2)    (Repealed)
(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.
84–87   (Repealed)
88   Savings, transitional and other provisions
Schedule 8 has effect.
89   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 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.