MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 3. Dictionary 4. Notes 5. Offences against Act--application of Criminal Code etc PART 2--LICENCES FOR MOTOR VEHICLE RACING Division 2.1--General--pt 2 6. Important terms 7. Declaration for motor vehicle racing place 8. Application for motor vehicle racing licence 9. Decision about motor vehicle racing licence application 10. Motor vehicle racing licence term and conditions 11. Renewal of licence 12. Licensee to notify change of name or address 13. Licensee to comply with conditions Division 2.2--Disciplinary action 14. Grounds for disciplinary action 15. Disciplinary action 16. Taking disciplinary action 17. Immediate suspension 18. Effect of licence suspension Division 2.3--Offences 19. Conducting motor vehicle racing without licence 20. Promoting or organising motor vehicle racing without licence 21. Participating in motor vehicle racing without licence etc Division 2.4--Enforcement 22. Meaning of occupier for div 2.4 23. Appointment of authorised people 24. Identity cards 25. Power to enter place 26. Production of identity card 27. Consent to entry 28. Damage etc to be minimised 29. Compensation for exercise of enforcement powers PART 3--ADVISORY COMMITTEES 30. Establishment of advisory committees 31. Minister to consider advisory committee advice etc PART 4--NOTIFICATION AND REVIEW OF DECISIONS 32. Meaning of reviewable decision--pt 4 33. Reviewable decision notices 33A. Applications for review PART 5--MISCELLANEOUS 34. Inspection of incorporated documents 35. Notification of certain incorporated documents 36. Determination of fees 37. Approved forms 38. Regulation-making power SCHEDULE 1 DICTIONARY ENDNOTES MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - LONG TITLE An Act to regulate motor sport activities MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 1 Name of Act This Act is the Motor Sport (Public Safety) Act 2006. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere. For example, the signpost definition 'motor vehicle--see the Road Transport (General) Act 1999, dictionary.' means that the term 'motor vehicle' is defined in that dictionary and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 5 Offences against Act--application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 6 Important terms In this Act: "motor vehicle racing "means a motor vehicle sport prescribed by regulation. "motor vehicle racing place"--see section 7. "motor vehicle sport" means any competition between the drivers or riders of motor vehicles in which the deciding factor is the speed, manoeuvrability, reliability, durability or mechanical condition of the vehicles, the skill of the drivers or riders, or any combination of them. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 7 Declaration for motor vehicle racing place (1) The Minister may declare a place (a motor vehicle racing place) to be a place where motor vehicle racing may be conducted. (2) The Minister must not declare a place to be a motor vehicle racing place unless the place is suitable for motor vehicle racing. (3) A place may not be declared to be a motor vehicle racing place if the place is a road or road related area under the Road Transport (General) Act 1999. (4) A declaration is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 8 Application for motor vehicle racing licence (1) A person (the applicant) may apply in writing to the Minister for a licence to conduct motor vehicle racing at a motor vehicle racing place. Note 1 If a form is approved under s 37 for an application, the form must be used. Note 2 A fee may be determined under s 36 for this provision. (2) The Minister may, in writing, require the applicant to give the Minister additional information or documents that the Minister reasonably needs to decide the application. (3) If the applicant does not comply with the requirement, the Minister may refuse to consider the application. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 9 Decision about motor vehicle racing licence application (1) On an application for a licence to conduct motor vehicle racing at a motor vehicle racing place, the Minister must-- (a) issue the licence; or (b) refuse to issue the licence. (2) In deciding whether to issue the licence, the Minister must consider the public interest, including the desirability of the kind of motor vehicle sport that is proposed to be conducted under the licence. (3) The Minister must refuse to issue the licence if-- (a) the Minister is satisfied that it is not in the public interest; or (b) the place where the motor vehicle racing is to be conducted does not have the facilities prescribed by regulation. (4) Subsections (2) and (3) do not limit the matters that the Minister may consider. (5) A licence must be in writing and must state-- (a) the full name and address of the person to whom the licence is issued; and (b) the motor vehicle racing place, including any building or facility to which the licence relates; and (c) the period for which the licence is issued; and (d) any conditions on the licence. (6) A licence, including any condition put on the licence under section 10 (2), is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 10 Motor vehicle racing licence term and conditions (1) A licence is issued for the period (not longer than 1 year) stated in the licence. (2) A licence is subject to the conditions-- (a) prescribed by regulation; and (b) put on the licence under this section. Examples of conditions that may be put on a licence 1 safety standards for the public, competitors or people at or near a motor vehicle racing place 2 public liability insurance 3 kinds of motor vehicle racing allowed 4 the power, type and number of motor vehicles allowed to compete in motor vehicle racing 5 keeping records 6 inspection 7 requirements about the condition of any track 8 requirements about the facilities at a motor vehicle racing place Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (3) The Minister may-- (a) put a condition on a licence when the licence is issued or renewed, or at any other time; and (b) at any time amend the conditions put on the licence under this section. (4) The Minister may, under subsection (3), put a condition on a licence, or amend the conditions of a licence, only if-- (a) the Minister has given the applicant or licensee written notice of the proposed condition or amendment; and (b) the notice states that written comments on the proposal may be made to the Minister within a stated period of at least 14 days after the day the notice is given to the applicant or licensee; and (c) the Minister has considered any comments made within the period. (5) Subsection (4) does not apply if the applicant or licensee asked in writing for, or agreed in writing to, the proposed condition or amendment. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 11 Renewal of licence (1) A licensee may apply, in writing, to the Minister to renew the licence. Note 1 If a form is approved under s 37 for an application, the form must be used. Note 2 A fee may be determined under s 36 for this provision. (2) The application must be made not later than 14 days before the end of the licence period. (3) On an application to renew a licence, the Minister must-- (a) renew the licence; or (b) refuse to renew the licence. (4) If a licensee applies to renew a licence under this section, the licence remains in force until the application is decided. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 12 Licensee to notify change of name or address (1) If a licensee changes his or her name or business or home address, the licensee must, as soon as practicable but not later than 14 days after the day the change happens, tell the director-general, in writing, about the change. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 13 Licensee to comply with conditions (1) A licensee must not contravene a condition to which the licence is subject. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 14 Grounds for disciplinary action (1) Each of the following is a ground for disciplinary action against a licensee: (a) the licensee gave information to the Minister in relation to the application for (or an application for renewal of) the licensee's licence that was false or misleading in a material particular; (b) the licensee has contravened, or is contravening, this Act. (2) In subsection (1) (b), a reference to a "contravention" of this Act includes a reference to the following: (a) a contravention of the Criminal Code, part 2.4 (Extensions of criminal responsibility) in relation to an offence against this Act or otherwise in relation to this Act; (b) a contravention of the Criminal Code in relation to a document completed, kept or given, or required to be completed, kept or given, under or in relation to this Act; (c) a contravention of the Criminal Code in relation to anything done, or not done, under or in relation to this Act. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 15 Disciplinary action Each of the following is disciplinary action when taken against a licensee: (a) putting conditions on, or amending the conditions put on, the licensee's licence; (b) suspending the licensee's licence for a stated period or until a stated thing happens; (c) cancelling the licensee's licence; (d) cancelling the licensee's licence and disqualifying the licensee from applying for a licence for a stated period or until a stated thing happens. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 16 Taking disciplinary action (1) If the Minister proposes to take disciplinary action in relation to a licensee, the Minister must give the licensee a written notice (a "disciplinary notice") that-- (a) states the proposed disciplinary action (including any proposed condition, amendment of a condition, suspension period or disqualification period); and (b) states the grounds for the proposed disciplinary action; and (c) tells the licensee that the licensee may, not later than 14 days after the day the licensee receives the notice, give a written response to the Minister about the notice. (2) In deciding whether to take the disciplinary action, the Minister must consider any response given to the Minister in accordance with the disciplinary notice. (3) If the Minister is satisfied that a ground for taking disciplinary action has been established in relation to the licensee, the Minister may take the proposed disciplinary action. (4) The Minister must give the licensee written notice of the Minister's decision. (5) Disciplinary action under this section takes effect 14 days after the day when the notice of the decision is given to the licensee or, if the notice states a later date of effect, that date. (6) In this section: "disciplinary action"--see section 15. "ground for disciplinary action" against a licensee--see section 14. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 17 Immediate suspension (1) This section applies if the Minister gives, or has given, a disciplinary notice under section 16 to a licensee. (2) The Minister may give the licensee a written notice (the immediate suspension notice) suspending the licence. (3) However, the Minister may suspend the licence under this section only if-- (a) the Minister has taken into account the circumstances leading to the decision to give the disciplinary notice and the grounds stated in the notice; and (b) the Minister believes, on reasonable grounds, that it is in the public interest that the licence be suspended as soon as practicable before a decision is made whether or not to take disciplinary action against the licensee under section 16. (4) If the licensee's licence is suspended under this section, the suspension takes effect when the immediate suspension notice is given to the licensee. (5) The suspension of the licensee's licence under this section ends-- (a) if disciplinary action is taken against the licensee under section 16 because of the disciplinary notice--when the disciplinary action takes effect; or (b) if disciplinary action is not taken against the licensee under section 16 because of the disciplinary notice--when the licensee is given written notice of the Minister's decision not to take disciplinary action. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 18 Effect of licence suspension (1) A suspended licence does not authorise the licensee to carry on an activity authorised by the licence during the suspension. (2) If the Minister suspends a licence, the licensee is, during the suspension-- (a) taken not to hold the licence; and (b) disqualified from applying for a licence. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 19 Conducting motor vehicle racing without licence A person commits an offence if-- (a) the person conducts motor vehicle racing at a place; and (b) the person does not have a licence to conduct motor vehicle racing at the place. Maximum penalty: 50 penalty units. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 20 Promoting or organising motor vehicle racing without licence A person commits an offence if-- (a) the person promotes or organises motor vehicle racing at a place; and (b) there is no licence in force for the conduct of the motor vehicle racing at the place. Maximum penalty: 50 penalty units. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 21 Participating in motor vehicle racing without licence etc (1) A person commits an offence if-- (a) the person participates in motor vehicle racing; and (b) there is no licence in force for the conduct of the motor vehicle racing at the place. Maximum penalty: 20 penalty units. (2) A person commits an offence if-- (a) the person participates in motor vehicle racing at a place; and (b) a licence is in force for the conduct of the motor vehicle racing at the place; and (c) the motor vehicle racing is conducted in a way that contravenes a condition of the licence. Maximum penalty: 20 penalty units. (3) In this section: "participating" in motor vehicle racing includes-- (a) driving a motor vehicle in the motor vehicle racing; or (b) driving a motor vehicle in an activity relating to motor vehicle racing; or (c) participating as part of a support crew of a driver of a motor vehicle in the motor vehicle racing. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 22 Meaning of occupier for div 2.4 In this division: "occupier", of a place, includes-- (a) a person believed, on reasonable grounds, to be an occupier of the place; and (b) a person apparently in charge of the place. Note The dictionary defines place as including premises, structures and vehicles. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 23 Appointment of authorised people The director-general may appoint a public servant to be an authorised person for this Act. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 24 Identity cards (1) The director-general must give an authorised person an identity card stating the person's name and that the person is an authorised person. (2) The identity card must show-- (a) a recent photograph of the person; and (b) the card's date of issue and expiry; and (c) anything else prescribed by regulation. (3) A person commits an offence if-- (a) the person stops being an authorised person; and (b) the person does not return the person's identity card to the director-general as soon as practicable, but not later than 7 days after the day the person stops being an authorised person. Maximum penalty: 1 penalty unit. (4) An offence against this section is a strict liability offence. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 25 Power to enter place (1) For this Act, an authorised person may, without a warrant-- (a) at any reasonable time, enter a place to which a licence relates; or (b) at any time, enter a place with the occupier's consent. (2) However, subsection (1) (b) does not authorise entry into a part of a place that is being used only for residential purposes. (3) The authorised person may, at the place-- (a) inspect or examine anything; or (b) take measurements or conduct tests; or (c) take samples; or (d) take photographs, films, or audio, video or other video recording; or (e) require the occupier, or anyone at the place, to give the authorised person reasonable help to exercise a power under this section. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self incrimination and client legal privilege. Examples for par (a) 1 records at the place relating to the maintenance of motor vehicles used at the place 2 a vehicle at the place used in motor vehicle racing at the place Example for par (b) testing equipment at the place used for the maintenance of motor vehicles Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (4) A person must take all reasonable steps to comply with a requirement made of the person under subsection (3) (e). Maximum penalty: 50 penalty units. (5) To remove any doubt, an authorised person may enter a place under subsection (1) without payment of an entry fee or other charge. (6) In this section: "at any reasonable time" means at any time during normal business hours or any other time when the place is being used in relation to motor vehicle racing. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 26 Production of identity card An authorised person must not remain at a place to which a licence relates if the authorised person does not produce his or her identity card when asked by the occupier. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 27 Consent to entry (1) When seeking the consent of an occupier of a place to enter the place under section 25 (1) (b), an authorised person must-- (a) produce his or her identity card; and (b) tell the occupier-- (i) the purpose of the entry; and (ii) that anything found because of the entry may be used in evidence in court; and (iii) that consent may be refused. (2) If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)-- (a) that the occupier was told-- (i) the purpose of the entry; and (ii) that anything found because of the entry may be used in evidence in court; and (iii) that consent may be refused; and (b) that the occupier consented to the entry; and (c) stating the time and date when consent was given. (3) If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier. (4) A court must find that the occupier did not consent to entry to the premises by the authorised person under this part if-- (a) the question arises in a proceeding in the court whether the occupier consented to the entry; and (b) an acknowledgment of consent for the entry is not produced in evidence; and (c) it is not proved that the occupier consented to the entry. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 28 Damage etc to be minimised (1) In the exercise, or purported exercise, of a function under this division, an authorised person must take all reasonable steps to ensure that the authorised person, and any person assisting the authorised person, causes as little inconvenience, detriment and damage as practicable. (2) If an authorised person, or a person assisting an authorised person, damages anything in the exercise or purported exercise of a function under this part, the authorised person must give written notice of the particulars of the damage to the person the authorised person believes, on reasonable grounds, is the owner of the thing. (3) If the damage happens at premises entered under this part in the absence of the occupier, the notice may be given by leaving it, secured conspicuously, at the premises. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 29 Compensation for exercise of enforcement powers (1) A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an authorised person or a person assisting an authorised person. (2) Compensation may be claimed and ordered in a proceeding for-- (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 30 Establishment of advisory committees (1) The Minister may establish advisory committees to investigate, and to inform or advise the Minister about, motor vehicle sport. (2) Members of an advisory committee must include members of any organisation that has the object of promoting motor vehicle sport and is prescribed by regulation for this section. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 31 Minister to consider advisory committee advice etc In exercising a function under this Act (other than a function under division 2.2 (Disciplinary action)), the Minister must consider any relevant information or advice given to the Minister by an advisory committee. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 32 Meaning of reviewable decision--pt 4 In this part: "reviewable decision" means a decision of the Minister mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 33 Reviewable decision notices If the Minister makes a reviewable decision, the Minister must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note 1 The Minister must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 33A Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 34 Inspection of incorporated documents (1) This section applies to an incorporated document, or an amendment or replacement of an incorporated document. Note For the meaning of incorporated document, see the dictionary. (2) The director-general must ensure that the document, amendment or replacement is made available for inspection free of charge to the public on business days at reasonable times at the office of an administrative unit administered by the director-general. (3) In this section: "amendment", of an incorporated document--see section 35 (6). MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 35 Notification of certain incorporated documents (1) This section applies to-- (a) an incorporated document; or (b) an amendment of, or replacement for, an incorporated document. Example of replacement document a new edition of the incorporated document Note 1 For the meaning of incorporated document, see the dictionary. Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) The director-general may prepare a written notice (an incorporated document notice) for the incorporated document, amendment or replacement that contains the following information: (a) for an incorporated document--details of the document, including its title, author and date of publication; (b) for a replacement of an incorporated document--details of the replacement, including its title, author and date of publication; (c) for an amendment of an incorporated document--the date of publication of the amendment (or of the document as amended) and a brief summary of the effect of the amendment; (d) for an incorporated document or any amendment or replacement-- (i) a date of effect (no earlier than the day after the day of notification of the notice); and (ii) details of how access to inspect the document, amendment or replacement may be obtained under section 34 (Inspection of incorporated documents); and (iii) details of how copies may be obtained, including an indication of whether there is a cost involved. (3) An incorporated document notice is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (4) An incorporated document as in effect at the commencement of this section, and any amendment or replacement of an incorporated document, has no effect under this Act unless-- (a) an incorporated document notice is notified in relation to the document, amendment or replacement; or (b) the document, amendment or replacement is notified under the Legislation Act, section 47 (6). (5) The Legislation Act, section 47 (7) does not apply in relation to incorporated documents. (6) In this section: "amendment", of an incorporated document, includes an amendment of a replacement for the incorporated document. "replacement", for an incorporated document, means-- (a) a document that replaces the incorporated document; or (b) a document (an initial replacement) that replaces a document mentioned in paragraph (a); or (c) a document (a further replacement) that replaces an initial replacement or any further replacement. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 36 Determination of fees (1) The Minister may, in writing, determine fees for this Act. Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 37 Approved forms (1) The Minister may, in writing, approve forms for this Act. (2) If the Minister approves a form for a particular purpose, the approved form must be used for that purpose. Note For other provisions about forms, see the Legislation Act, s 255. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SECT 38 Regulation-making power (1) The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) A regulation may make provision in relation to the following: (a) the membership, procedures or functions of an advisory committee established under this Act; (b) for a motor vehicle racing place-- (i) buildings at the place; or (ii) facilities at the place; or (iii) services provided at the place; or (iv) inspection of the place; or (v) compliance of the place with international or national motor sport standards; or (vi) notification of any change of interest of a licensee in relation to the place; or (vii) environmental testing of conditions at the place. Examples of environmental testing 1 noise testing 2 soil testing Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (3) A regulation may apply, adopt or incorporate any of the following as in force from time to time: (a) a publication of the National Transport Commission; (b) a publication of a national or international body responsible for a motor vehicle sport prescribed by regulation; (c) any other instrument as in force from time to time. Note 1 The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). Note 2 A notifiable instrument must be notified under the Legislation Act. (4) A regulation may create offences and fix maximum penalties of not more than 20 penalty units for the offence. (5) In this section: "publication of the National Transport Commission" includes a document published on behalf of the National Transport Commission. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - SCHEDULE 1 Schedule 1 Reviewable decisions (see pt 4) column 1item column 2section column 3decision column 4entity 1 9 refuse to issue licence applicant for licence 2 10 impose conditions on licence applicant for licence 3 11 refuse to renew licence applicant for renewal 4 16 take disciplinary action licensee 5 17 suspend licence entity that has licence suspended MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - NOTES Dictionary Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o ACAT o director-general (see s 163) o home address o Minister (see s 162) o reviewable decision notice o under. "advisory committee "means an advisory committee established under section 30. "incorporated document "means an instrument applied, adopted or incorporated by regulation. "licence" means a licence under section 9 to conduct motor vehicle racing at a motor vehicle racing place. "licensee" means a person issued a licence under section 9. "motor vehicle"--see the Road Transport (General) Act 1999, dictionary. "motor vehicle racing"--see section 6. "motor vehicle racing place"--see section 7. "motor vehicle sport"--see section 6. "occupier", of a place, for division 2.4 (Enforcement)--see section 22. "place" includes premises, structures and vehicles. "reviewable decision", for part 4 (Notification and review of decisions)--see section 32. MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history Motor Sport (Public Safety) Act 2006 A2006-10 notified LR 5 April 2006 s 1, s 2 commenced 5 April 2006 (LA s 75 (1)) remainder commenced 6 April 2006 (s 2) as amended by ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.75 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.75 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.52 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) sch 3 pt 3.52 commenced 17 December 2009 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.115 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.115 commenced 1 July 2011 (s 2 (1)) 4 Amendment history Commencements 2 om LA s 89 (4) Licensee to notify change of name or addresss 12 am A2009-49 amdt 3.123; A2011-22 amdt 1.339 Appointment of authorised peoples 23 am A2011-22 amdt 1.339 Identity cardss 24 am A2011-22 amdt 1.339 Notification and review of decisionspt 4 hdg sub A2008-37 amdt 1.323 Meaning of reviewable decision--pt 4s 32 sub A2008-37 amdt 1.323 Reviewable decision noticess 33 sub A2008-37 amdt 1.323 Applications for reviews 33A ins A2008-37 amdt 1.323 Inspection of incorporated documentss 34 am A2011-22 amdt 1.339 Notification of certain incorporated documentss 35 am A2011-22 amdt 1.339 Reviewable decisionssch 1 ins A2008-37 amdt 1.324 Dictionarydict am A2008-37 amdt 1.325, amdt 1.326; A2009-49 amdt 3.124; A2011-22 amdt 1.340 def reviewable decision ins A2008-37 amdt 1.327 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R16 Apr 2006 6 Apr 2006-1 Feb 2009 not amended new Act R22 Feb 2009 2 Feb 2009-16 Dec 2009 A2008-37 amendments by A2008-37 R317 Dec 2009 17 Dec 2009-30 June 2011 A2009-49 amendments by A2009-49 (c) Australian Capital Territory 2011 MOTOR SPORT (PUBLIC SAFETY) ACT 2006 - NOTES Australian Capital Territory A2006-10 Republication No 4 Effective: 1 July 2011 Republication date: 1 July 2011 Last amendment made by A2011-22Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Motor Sport (Public Safety) Act 2006 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011 . It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Motor Sport (Public Safety) Act 2006 Endnotes Australian Capital Territory Motor Sport (Public Safety) Act 2006