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This is a Bill, not an Act. For current law, see the Acts databases.
MOTOR SPORT (PUBLIC SAFETY) BILL 2006
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Motor Sport
(Public Safety) Bill 2006
Contents
Page
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Motor Sport (Public
Safety) Bill 2006
A Bill for
An Act to regulate motor sport activities
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Motor Sport (Public Safety) Act 2006.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
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)).
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.
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.
Part
2 Licences for motor vehicle racing
Division
2.1 General—pt
2
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.
7 Declaration
for motor vehicle racing place
(1) The chief executive may declare a place (a motor vehicle racing
place) to be a place where motor vehicle racing may be conducted.
(2) The chief executive 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.
8 Application
for motor vehicle racing licence
(1) A person (the
applicant) may apply in writing to the chief executive 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 chief executive may, in writing, require the applicant to give the
chief executive additional information or documents that the chief executive
reasonably needs to decide the application.
(3) If the applicant does not comply with the requirement, the chief
executive may refuse to consider the application.
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 chief executive must—
(a) issue the licence; or
(b) refuse to issue the
licence.
(2) In deciding whether to issue the licence, the chief executive 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 chief executive must refuse to issue the licence
if—
(a) the chief executive 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 chief
executive 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 land, prescribed building or prescribed facility in relation to
it; 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.
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 chief executive 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 chief executive may, under subsection (3), put a condition on a
licence, or amend the conditions of a licence, only if—
(a) the chief executive 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 chief executive within a stated
period of at least 14 days after the day the notice is given to the
applicant or licensee; and
(c) the chief executive 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.
(1) A licensee may apply, in writing, to the chief executive 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 chief executive
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.
12 Licensee
to notify change of name or address
(1) If a licensee changes his or her name or business or residential
address, the licensee must, as soon as practicable but not later than 14 days
after the day the change happens, tell the chief executive, in writing, about
the change.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability
offence.
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.
Division
2.2 Disciplinary
action
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 chief executive 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.
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.
16 Taking
disciplinary action
(1) If the chief executive proposes to take disciplinary action in
relation to a licensee, the chief executive 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 chief executive about the
notice.
(2) In deciding whether to take the disciplinary action, the chief
executive must consider any response given to the chief executive in accordance
with the disciplinary notice.
(3) If the chief executive is satisfied that a ground for taking
disciplinary action has been established in relation to the licensee, the chief
executive may take the proposed disciplinary action.
(4) The chief executive must give the licensee written notice of the chief
executive’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.
(1) This section applies if the chief executive gives, or has given, a
disciplinary notice under section 16 to a licensee.
(2) The chief executive may give the licensee a written notice (the
immediate suspension notice) suspending the licence.
(3) However, the chief executive may suspend the licence under this
section only if—
(a) the chief executive 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 chief executive 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 chief
executive’s decision not to take disciplinary action.
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 chief executive suspends a licence, the licensee is, during the
suspension—
(a) taken not to hold the licence;
and
(b) disqualified from applying for a
licence.
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.
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.
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.
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.
23 Appointment
of authorised people
The chief executive 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).
(1) The chief executive 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 chief executive 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.
(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.
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.
(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.
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.
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.
Part
3 Advisory
committees
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.
31 Chief
executive to consider advisory committee advice etc
In exercising a function under this Act (other than a function under
division 2.2 (Disciplinary action)), the chief executive must consider any
relevant information or advice given to the Minister by an advisory
committee.
Part
4 Review of
decisions
The following decisions are reviewable decisions:
(a) a decision to refuse to issue a
licence under section 9;
(b) a decision to impose conditions on
a licence under section 10;
(c) a decision to amend conditions of a
licence under section 10;
(d) a decision not to renew a licence
under section 11;
(e) a decision to take disciplinary
action against a licensee under section 16;
(f) a decision to suspend a licence
under section 17.
(1) Application may be made to the AAT for review of a reviewable
decision.
(2) If the chief executive makes a reviewable decision, the chief
executive must give written notice of the decision to everyone affected by the
decision.
(3) The notice must be in accordance with the requirements of the code of
practice in force under the Administrative Appeals Tribunal
Act 1989, section 25B (1).
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 chief executive 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 chief executive.
(3) In this section:
amendment, of an incorporated document—see section 35
(6).
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 chief executive 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.
(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.
(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.
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.
(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:
• AAT
• chief executive (see s 163)
• Minister (see s 162)
• 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.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2006.
2 Notification
Notified under the Legislation Act on 2006.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2006
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