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This is a Bill, not an Act. For current law, see the Acts databases.
Homebush Motor Racing (Sydney 400)
Bill 2008
No , 2008
A Bill for
An Act to facilitate the conduct of an annual motor race at Homebush; to constitute
the Homebush Motor Racing Authority and to confer functions on the Authority; and
for other purposes.
Clause 1 Homebush Motor Racing (Sydney 400) Bill 2008
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Homebush Motor Racing (Sydney 400) Act 2008. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Definitions 7
(1) In this Act: 8
Advisory Board means the Advisory Board of the Authority constituted 9
under section 8. 10
Authority means the Homebush Motor Racing Authority constituted 11
under section 4. 12
Chief Executive Officer means the Chief Executive Officer of the 13
Authority holding office as such under Chapter 1A of the Public Sector 14
Employment and Management Act 2002. 15
declared racing area--see section 12. 16
exercise a function includes perform a duty. 17
function includes a power, authority or duty. 18
Homebush motor race means a V8 motor race, and any associated 19
motor races and events, authorised under Division 1 of Part 3. 20
Homebush motor racing period--see section 12. 21
race promoter, in relation to a Homebush motor race, means the person 22
who has approval under section 13 to apply to the Authority for an 23
authorisation to conduct the race. 24
relevant council, in relation to a declared racing area or works area, 25
means a local council the area of which includes the declared racing 26
area or works area (as the case may be) or part of such an area. 27
works area--see section 17. 28
works period--see section 17. 29
(2) An order, authorisation or approval under this Act may be amended or 30
revoked by further order, authorisation or approval, respectively. 31
(3) Notes included in this Act do not form part of this Act. 32
Page 2
Homebush Motor Racing (Sydney 400) Bill 2008 Clause 4
Homebush Motor Racing Authority Part 2
Part 2 Homebush Motor Racing Authority 1
4 Constitution of Authority 2
There is constituted by this Act a corporation with the corporate name 3
of the Homebush Motor Racing Authority. 4
5 Status of Authority 5
The Authority is a NSW Government agency. 6
6 Ministerial control 7
The Authority is subject to the control and direction of the Minister in 8
the exercise of its functions. 9
7 Chief Executive Officer of Authority 10
(1) The Chief Executive Officer is responsible for the day-to-day 11
management of the affairs of the Authority. 12
(2) Any act, matter or thing done in the name of, or on behalf of, the 13
Authority by the Chief Executive Officer is taken to have been done by 14
the Authority. 15
8 Advisory Board 16
(1) There is to be an Advisory Board of the Authority. 17
(2) The principal function of the Advisory Board is to provide advice to the 18
Chief Executive Officer on the following: 19
(a) the functions of the Authority under this Act, 20
(b) any matter referred to the Advisory Board by the Chief Executive 21
Officer. 22
(3) The Advisory Board is to consist of the following members: 23
(a) the Chief Executive Officer, 24
(b) such other members (not exceeding 4 members) as the Minister 25
may appoint. 26
(4) The race promoter and employees of the race promoter are not entitled 27
to be appointed, or to hold office, as members of the Advisory Board. 28
(5) One of the members of the Advisory Board (other than the Chief 29
Executive Officer) is to be appointed as Chairperson of the Advisory 30
Board in and by the member's instrument of appointment or a 31
subsequent instrument executed by the Minister. 32
Page 3
Clause 9 Homebush Motor Racing (Sydney 400) Bill 2008
Part 2 Homebush Motor Racing Authority
(6) One of the other members of the Advisory Board (other than the Chief 1
Executive Officer) may be appointed as Deputy Chairperson of the 2
Advisory Board in and by the member's instrument of appointment or 3
a subsequent instrument executed by the Minister. 4
(7) Schedule 1 has effect with respect to the membership and procedure of 5
the Advisory Board. 6
9 Event Implementation Committee 7
(1) There is to be an Event Implementation Committee to provide advice to 8
the Advisory Board on matters referred to the committee by the 9
Advisory Board. 10
(2) The committee is to consist of the following members: 11
(a) the Chief Executive Officer, 12
(b) 1 person appointed by the Minister to represent the Sydney 13
Olympic Park Authority, 14
(c) 2 or more persons appointed by the Minister to represent 15
government agencies, 16
(d) 1 person appointed by the Minister to represent the NSW Police 17
Force, 18
(e) 1 person appointed by the Minister on the nomination of the race 19
promoter to represent the race promoter. 20
(3) Subject to the regulations, the term of office of appointed members of 21
the committee, the procedure for calling meetings of the committee and 22
the conduct of business at those meetings are to be determined by the 23
Minister. 24
(4) The members of the committee are not entitled to be paid remuneration 25
in respect of the duties they perform as members. The members are 26
however entitled to be reimbursed for reasonable expenses (such as for 27
travel or accommodation) that they may incur in attending meetings of 28
the committee. 29
10 Functions of Authority 30
(1) The Authority has the following functions: 31
(a) such functions relating to the preparation for, and the 32
management and conduct of and the works associated with, a 33
Homebush motor race as are conferred on it by or under this Act, 34
(b) to liaise with the New South Wales Government, the race 35
promoter and any other persons the Authority considers relevant 36
to the preparation for, and the management and conduct of and 37
the works associated with, a Homebush motor race, 38
Page 4
Homebush Motor Racing (Sydney 400) Bill 2008 Clause 11
Homebush Motor Racing Authority Part 2
(c) to consult with relevant government agencies on matters relating 1
to a Homebush motor race, 2
(d) to advise the Minister in relation to the Minister's functions under 3
this Act and in relation to any other matter relating to a 4
Homebush motor race, 5
(e) such other functions as are conferred on it by or under this or any 6
other Act. 7
(2) The Authority may do all such supplemental, incidental or 8
consequential acts as may be necessary or expedient for the exercise of 9
its functions, including entering into any contract or arrangement with 10
any person in connection with the exercise of its functions. 11
(3) The Authority may exercise its functions within or outside New South 12
Wales. 13
(4) The Authority cannot employ any staff. 14
Note. Staff may be employed under Chapter 1A of the Public Sector 15
Employment and Management Act 2002 in the Government Service to enable 16
the Authority to exercise its functions. 17
11 Delegation of Authority's functions 18
(1) The Authority may delegate to an authorised person the exercise of any 19
of its functions other than this power of delegation. 20
(2) In this section, authorised person means: 21
(a) a member of staff of the Authority, or 22
(b) a government agency or member of staff of a government agency, 23
or 24
(c) a person, or committee of persons, of a class prescribed by the 25
regulations. 26
Page 5
Clause 12 Homebush Motor Racing (Sydney 400) Bill 2008
Part 3 Conduct of Homebush motor racing
Part 3 Conduct of Homebush motor racing 1
Division 1 Authorisations 2
12 Minister may declare racing area and racing period 3
(1) The Minister may, by order, declare any area within Sydney Olympic 4
Park as the area within which a Homebush motor race may be 5
conducted (the declared racing area). 6
(2) The Minister may, by order, designate the period during which a 7
Homebush motor race may be conducted (the Homebush motor racing 8
period). 9
(3) In this section, Sydney Olympic Park has the same meaning as it has in 10
the Sydney Olympic Park Authority Act 2001, but does not include any 11
area that is subject to a lease on the date of assent to this Act and has not 12
ceased to be subject to a lease at the time the order is made. 13
13 Approval of person who may apply for authorisation to conduct race (the 14
race promoter) 15
(1) The Minister may, by order, approve the person who is entitled to apply 16
to the Authority for an authorisation under section 15 to conduct a V8 17
motor race (and other associated motor races and events) within the 18
declared racing area during the Homebush motor racing period. 19
(2) Any such application must be made in the manner, and lodged with the 20
Authority within the time, determined by the Minister in the order under 21
subsection (1). 22
14 Provisions relating to Ministerial orders 23
(1) An order made under this Division may only be made to enable the 24
conduct of the Homebush motor race during a single period each year. 25
(2) An order under this Division remains in force until the end of the period 26
of 5 years from the date that it took effect unless sooner revoked. 27
(3) An order made under this Division must be published in the Gazette. 28
(4) The Minister is to seek the advice of the Authority before making an 29
order under this Division. 30
15 Conduct of race requires authorisation by Authority 31
(1) A V8 motor race (and other associated motor races and events) are not 32
authorised to be conducted under this Act unless the Authority 33
authorises the conduct of the race (and associated races and events) 34
under this section. 35
Page 6
Homebush Motor Racing (Sydney 400) Bill 2008 Clause 15
Conduct of Homebush motor racing Part 3
(2) The Authority may authorise the race promoter to conduct a V8 motor 1
race (and other associated motor races and events) subject to and in 2
accordance with this Act. 3
(3) Any such authorisation may be given for a period not exceeding 5 years. 4
(4) Any such authorisation may be given subject to such conditions as the 5
Authority considers it reasonable to impose, including (but not limited 6
to) conditions relating to any of the following: 7
(a) public safety, 8
(b) environmental protection, 9
(c) insurance, 10
(d) reporting requirements, 11
(e) transport arrangements, 12
(f) reinstatement of land, 13
(g) consultation requirements, 14
(h) financial arrangements (including the provision of security), 15
(i) event and works planning requirements, 16
(j) engineering certification requirements. 17
The race promoter must, in conducting the Homebush motor race, 18
comply with any such conditions. 19
(5) Before imposing a condition of an authorisation, the Authority must 20
advise the race promoter of the condition by notice in writing and allow 21
the race promoter 14 days within which the race promoter may make 22
submissions to the Authority in relation to the proposed condition. 23
(6) The conditions of an authorisation may be amended (including by 24
introducing additional conditions) or revoked at any time by notice in 25
writing to the race promoter. 26
(7) The Authority must, within 4 months from the end of the declared 27
racing period, review the conditions of any authorisation that remains in 28
force and determine whether the conditions of that authorisation remain 29
appropriate. 30
(8) The Authority may revoke an authorisation given under this section, on 31
the grounds that a condition of the authorisation has not been complied 32
with, only if the Authority is satisfied that: 33
(a) the failure to comply with the condition is of a serious or 34
continuing nature, and 35
(b) it is appropriate to do so in the circumstances. 36
Page 7
Clause 16 Homebush Motor Racing (Sydney 400) Bill 2008
Part 3 Conduct of Homebush motor racing
(9) If any condition of an authorisation given under this section relating to 1
public safety, environmental protection or insurance is contravened, the 2
race promoter is guilty of an offence. 3
Maximum penalty: 4
(a) in the case of an individual--$250,000, or 5
(b) in the case of a corporation--$1,000,000. 6
(10) It is a defence in any proceedings against a person for an offence under 7
subsection (9) if the person establishes: 8
(a) that the commission of the offence was due to causes over which 9
the person had no control, and 10
(b) that the person took reasonable precautions and exercised due 11
diligence to prevent the commission of the offence. 12
Division 2 Carrying out works 13
16 Plans of proposed works 14
(1) The race promoter must make the following information available for 15
public inspection: 16
(a) the information specified in section 17 (2) (a), (b) and (c), 17
(b) any other information relating to the proposed works that the 18
regulations, or the Authority by written notice, requires. 19
(2) Such information must be made available for public inspection at a 20
place designated by the Authority during the period commencing on the 21
date the application under section 17 to carry out the works is made and 22
ending on the date that the works are completed. 23
17 Authorisation to carry out works 24
(1) The race promoter may apply to the Authority for authorisation to carry 25
out works associated with a Homebush motor race. 26
(2) Any such application must be in writing and include the following 27
information: 28
(a) a description of the proposed works, 29
(b) a description of the land on which the works are to be carried out 30
(including any land required to be used in order to carry out the 31
works), 32
(c) the period during which the works are proposed to be carried out, 33
(d) details of the outcome of consultation with the persons and 34
bodies specified in section 18 (a) in relation to the proposed 35
Page 8
Homebush Motor Racing (Sydney 400) Bill 2008 Clause 17
Conduct of Homebush motor racing Part 3
works and the period during which the works are proposed to be 1
carried out, 2
(e) any other information relating to the proposed works that the 3
regulations, or the Authority by written notice, requires to be 4
included. 5
(3) Subject to this Division, the Authority may authorise the race promoter 6
to carry out specified works associated with a Homebush motor race 7
(and do any other things on the land that are reasonably necessary for or 8
incidental to such works) on the land within a specified area (the works 9
area) during a specified period (the works period). 10
(4) An authorisation may be granted subject to such conditions as the 11
Authority considers it reasonable to impose, including (but not limited 12
to) conditions relating to any of the following: 13
(a) public safety, 14
(b) environmental protection, 15
(c) insurance, 16
(d) reporting requirements, 17
(e) reinstatement of land, 18
(f) consultation requirements, 19
(g) financial arrangements (including the provision of security), 20
(h) event and works planning requirements, 21
(i) engineering certification requirements. 22
The race promoter must, in carrying out any work authorised by the 23
Authority under this section, comply with any such conditions. 24
(5) Before granting an authorisation under this section, the Authority must 25
consult with the Sydney Olympic Park Authority. 26
(6) A different works period may be specified in respect of different 27
categories of work or different works areas. 28
(7) A works area may be within or outside of the declared racing area and 29
a works period may fall within or outside of the Homebush motor racing 30
period. 31
(8) The race promoter is taken to be the owner of a works area during the 32
relevant works period (to the exclusion of any other person): 33
(a) for the purposes of the appointment of a principal contractor (in 34
respect of an area that is a place of work) in accordance with the 35
regulations under the Occupational Health and Safety Act 2000, 36
and 37
(b) for any other purpose prescribed by the regulations. 38
Page 9
Clause 18 Homebush Motor Racing (Sydney 400) Bill 2008
Part 3 Conduct of Homebush motor racing
(9) The race promoter must comply with any direction of the Authority: 1
(a) to ensure compliance with this section, or 2
(b) to rectify any matter that the Authority considers to constitute a 3
breach of the conditions of an authorisation under this section. 4
18 Community and other consultation 5
Before granting an authorisation under section 17, the Authority must 6
be satisfied that the race promoter has: 7
(a) taken all reasonable steps to consult with: 8
(i) any person having a right of occupation of land within the 9
works area, and 10
(ii) any person occupying land immediately adjacent to the 11
works area, and 12
(iii) the Sydney Olympic Park Authority, and 13
(iv) any relevant council, and 14
(v) any other person nominated by the Authority (by notice in 15
writing to the race promoter) as a person whose business 16
or financial interests might be affected by the works, and 17
(b) taken into account any representations made by any person or 18
body referred to in paragraph (a), and 19
(c) demonstrated that it will take adequate steps to prevent or 20
minimise any harm to the environment, and disruption of other 21
lawful activities, at Sydney Olympic Park and in those areas 22
adjacent to Sydney Olympic Park. 23
19 Other authorisations to carry out works not permitted 24
(1) The Authority may direct the Sydney Olympic Park Authority or a 25
council to refuse to consider an application to carry out specified works, 26
or to refuse to approve or authorise the carrying out of specified works, 27
under a relevant provision if the Authority believes that the carrying out 28
of the works are or should be authorised under section 17. 29
(2) In this section, relevant provision means a provision of an Act that 30
would otherwise enable the Sydney Olympic Park Authority or a 31
council to consider an application for, or approve or authorise, the 32
carrying out of specified works. 33
Division 3 General provisions 34
20 Control of declared racing area during Homebush motor racing period 35
(1) The race promoter is (subject to, and in accordance with, this Act and 36
any authorisation given under this Act) responsible for the care, control, 37
Page 10
Homebush Motor Racing (Sydney 400) Bill 2008 Clause 21
Conduct of Homebush motor racing Part 3
management and use of land within the declared racing area during the 1
Homebush motor racing period and the rights or obligations of any 2
other person in or in relation to the care, control, management and use 3
of the land are suspended for the Homebush motor racing period. 4
(2) Subsection (1) does not suspend the rights or obligations of a person to 5
the extent that an agreement between that person and the race promoter 6
so provides. 7
21 Control of parts of declared racing area outside Homebush motor racing 8
period 9
(1) The race promoter may, with the authorisation of the Authority, fence 10
or cordon off a part of the declared racing area for the purposes of a 11
Homebush motor race for a period not falling within the Homebush 12
motor racing period. The Authority may only provide authorisation 13
under this subsection if it considers that the fencing or cordoning off is 14
reasonably necessary for or incidental to the exercise of the race 15
promoter's functions under this Act. 16
(2) Section 20 applies in relation to land that is fenced or cordoned off by 17
the race promoter in accordance with this section in the same way that 18
it applies to land within the declared racing area. Accordingly, any 19
reference to the Homebush motor racing period in that section is taken 20
to include a reference to the period during which the land is fenced or 21
cordoned off. 22
(3) For the purposes of this section, cordoning off an area includes the 23
erection of signs indicating that the area is subject to restricted access. 24
22 Removal of unattended motor vehicles 25
(1) At any time during the Homebush motor racing period, a police officer 26
or a SOPA officer may, and must at the request of the Authority, remove 27
any unattended motor vehicle or trailer from the declared racing area. 28
(2) At any time during the Homebush motor racing period, the race 29
promoter may direct an authorised officer to remove an unattended 30
motor vehicle or trailer from the declared racing area if the race 31
promoter is of the opinion that it is necessary to do so. 32
(3) The provisions of section 76 (2)-(8A) of the Road Transport (Safety 33
and Traffic Management) Act 1999 apply to the removal of an 34
unattended motor vehicle or trailer in accordance with this section in the 35
same way as they apply to the removal of an unattended motor vehicle 36
or trailer in accordance with that section. 37
(4) However, it is not necessary that the unattended motor vehicle or trailer 38
is standing unlawfully. 39
Page 11
Clause 23 Homebush Motor Racing (Sydney 400) Bill 2008
Part 3 Conduct of Homebush motor racing
(5) In this section: 1
authorised officer has the same meaning as in section 76 of the Road 2
Transport (Safety and Traffic Management) Act 1999, but does not 3
include a police officer. 4
SOPA officer means a person authorised by the Sydney Olympic Park 5
Authority to exercise the functions of an authorised officer under 6
section 78 of the Sydney Olympic Park Authority Act 2001. 7
23 Reinstatement of land 8
(1) The race promoter must, within a reasonable time after the Homebush 9
motor racing period: 10
(a) repair any damage to land (including any fixtures) caused by the 11
activities of the race promoter in connection with the Homebush 12
motor race, and 13
(b) remove any rubbish from land within the declared racing area and 14
works area, and 15
(c) reinstate any land affected by the activities of the race promoter 16
in connection with the Homebush motor race, so far as is 17
practicable, to the condition it was in before the carrying out of 18
works by the race promoter and the conduct of the Homebush 19
motor race, 20
unless the race promoter and the Authority have otherwise agreed. 21
(2) If the race promoter fails to carry out the work required to comply with 22
subsection (1) within a reasonable time, the Authority: 23
(a) may cause the work to be carried out, and 24
(b) may, by proceedings brought in a court of competent jurisdiction, 25
recover from the race promoter as a debt the cost of carrying out 26
the work. 27
(3) A document signed by the Chief Executive Officer certifying the cost of 28
carrying out work in accordance with subsection (2) is admissible in any 29
proceedings and is evidence of that cost. 30
24 Co-ordination and co-operation of government agencies 31
(1) A NSW Government agency has the following obligations in respect of 32
a Homebush motor race: 33
(a) to co-operate with the Authority in the exercise of the Authority's 34
functions, including complying with any reasonable request of 35
the Authority for information to enable the Authority to exercise 36
its functions, 37
(b) to provide resources and assistance in accordance with any 38
request of the Authority that is authorised by or under this Act, 39
Page 12
Homebush Motor Racing (Sydney 400) Bill 2008 Clause 25
Conduct of Homebush motor racing Part 3
(c) to notify the Authority of any proposed exercise of the agency's 1
functions that may impact adversely on the Homebush motor 2
race, any works authorised under section 17 or the exercise of the 3
Authority's functions. 4
(2) A NSW Government agency is authorised to exercise any of its 5
functions in order to comply with a request, direction or decision of the 6
Minister or the Authority made or given under this Act. 7
(3) The Minister may, by notice in writing given to a prescribed 8
government agency, direct the agency to comply with a request, 9
direction or decision of the Authority made or given under this Act. 10
However, if another Minister is responsible for the prescribed 11
government agency, the Minister must consult with that Minister before 12
making such a direction. 13
(4) In this section, prescribed government agency means a NSW 14
Government agency prescribed by the regulations for the purposes of 15
subsection (3). 16
25 Race promoter to comply with directions of Authority 17
(1) The Authority may direct the race promoter to do or not to do such 18
things, and to provide such information, in relation to public safety and 19
environmental protection matters associated with a Homebush motor 20
race as the Authority considers reasonable in the circumstances. 21
(2) The race promoter is to comply in every respect with a direction given 22
under subsection (1) and is not to authorise any act or omission by any 23
person contrary to the direction. 24
(3) A direction given by the Authority under subsection (1) is taken to be a 25
condition of the authorisation given to the race promoter to conduct the 26
Homebush motor race. 27
Page 13
Clause 26 Homebush Motor Racing (Sydney 400) Bill 2008
Part 4 Application of other laws
Part 4 Application of other laws 1
26 Application of Environmental Planning and Assessment Act 1979 2
(1) Part 5 of the Environmental Planning and Assessment Act 1979 does not 3
apply in respect of the conduct of a Homebush motor race during the 4
Homebush motor racing period, or the carrying out of works as 5
authorised under this Act. 6
(2) An environmental planning instrument under the Environmental 7
Planning and Assessment Act 1979 cannot prohibit, require 8
development consent for or otherwise restrict the conduct of a 9
Homebush motor race during the Homebush motor racing period, or the 10
carrying out of works as authorised under this Act. 11
(3) The conduct of a Homebush motor race during the Homebush motor 12
racing period, or the carrying out of works as authorised under this Act, 13
cannot be declared to be a project under Part 3A of the Environmental 14
Planning and Assessment Act 1979. 15
(4) An order under Division 2A of Part 6 of the Environmental Planning 16
and Assessment Act 1979 does not have effect to the extent that it 17
prevents or interferes with the conduct of a Homebush motor race 18
during the Homebush motor racing period, or the carrying out of works 19
as authorised under this Act. 20
(5) Subsection (2) applies to an environmental planning instrument made 21
before or after the commencement of this section. 22
27 Application of National Parks and Wildlife Act 1974 23
For the purposes of Part 8A of the National Parks and Wildlife Act 24
1974, any act that is authorised or permitted by or under this Act is taken 25
to be an act that is essential for the carrying out of development in 26
accordance with a development consent within the meaning of the 27
Environmental Planning and Assessment Act 1979. 28
28 Application of Local Government Act 1993 29
(1) A person who is authorised or permitted to do anything by or under this 30
Act may do that thing despite the fact that the doing of it is not 31
authorised (when required to be) by the Local Government Act 1993. 32
(2) A person who is authorised or permitted to do anything by or under this 33
Act may do that thing despite the fact that the doing of it is contrary to, 34
or inconsistent with, the terms or conditions of an approval granted 35
under the Local Government Act 1993. 36
Page 14
Homebush Motor Racing (Sydney 400) Bill 2008 Clause 29
Application of other laws Part 4
(3) A person does not breach the terms or conditions of an approval relating 1
to: 2
(a) the management of waste, being an approval under item 1, 2, 3 3
or 4 of Part C of the Table to section 68 of the Local Government 4
Act 1993, or 5
(b) the hours during which an activity may take place, or 6
(c) the means of access to land or premises, or 7
(d) the emission of noise, including permissible noise levels, or 8
(e) the effect of an activity on the amenity of the locality, 9
by the doing of anything that is reasonably necessary to be done by or 10
under, or as a consequence of the operation of, this Act. 11
(4) A person who is exempt from the requirement to obtain an approval 12
under section 68 of the Local Government Act 1993 does not cease to be 13
exempt from the requirement by the doing of anything that is reasonably 14
necessary to be done under, or as a consequence of the operation of, this 15
Act. 16
29 Application of Sydney Olympic Park Authority Act 2001 17
A person who is authorised or permitted to do anything by or under this 18
Act may do that thing despite the fact that the doing of it is not 19
authorised (when it is required to be) by, or is contrary to, or 20
inconsistent with, the provisions of the Sydney Olympic Park Authority 21
Act 2001 or any regulations made under that Act. 22
30 Suspension of certain Acts 23
(1) Except to the extent that the regulations otherwise provide and subject 24
to any modifications specified in the regulations, the provisions of: 25
(a) the Motor Vehicle Sports (Public Safety) Act 1985, and 26
(b) section 40 of the Road Transport (Safety and Traffic 27
Management) Act 1999, 28
do not apply in respect of a Homebush motor race during a Homebush 29
motor racing period. 30
(2) Except to the extent that the regulations otherwise provide and subject 31
to any modifications specified in the regulations, the provisions of the 32
Roads Act 1993 do not apply within the declared racing area during a 33
Homebush motor racing period. 34
(3) Except to the extent that the regulations otherwise provide and subject 35
to any modifications specified in the regulations, the provisions of the 36
Protection of the Environment Operations Act 1997 (being those 37
provisions of that Act that relate to noise) do not apply in respect of any 38
Page 15
Clause 31 Homebush Motor Racing (Sydney 400) Bill 2008
Part 4 Application of other laws
activity that is carried out in accordance with any authorisation given 1
under this Act or the regulations during the Homebush motor racing 2
period. 3
31 No liability in nuisance 4
Anything done or omitted to be done by any person: 5
(a) in the exercise of functions under this Act or the regulations, or 6
(b) pursuant to any of the provisions of this Act or the regulations, or 7
(c) in accordance with any authorisation given under this Act or the 8
regulations, 9
does not constitute a nuisance. 10
32 Compensation not payable in respect of Homebush motor race-related 11
matters 12
(1) Compensation is not payable by or on behalf of: 13
(a) the State or an authority of the State, or 14
(b) the Authority, or 15
(c) a local council, or 16
(d) an officer, employee or agent of the State, an authority of the 17
State, the Authority or a local council, 18
for an act or omission that is a Homebush motor race-related matter or 19
that arises (directly or indirectly) from a Homebush motor race-related 20
matter. 21
(2) Subsection (1): 22
(a) applies only in respect of acts done or omitted to be done in good 23
faith, and 24
(b) does not apply to acts or omissions that cause personal injury to 25
a person or the death of a person. 26
(3) Subsection (1) does not affect compensation payable under any 27
indemnity given, or other agreement made, by the State, an authority of 28
the State, the Authority, a local council or a person referred to in 29
subsection (1), that expressly relates to a Homebush motor race-related 30
matter. 31
(4) In this section: 32
compensation includes damages and any other form of monetary 33
compensation. 34
Homebush motor race-related matter means the following: 35
(a) the conduct of a Homebush motor race, 36
Page 16
Homebush Motor Racing (Sydney 400) Bill 2008 Clause 33
Application of other laws Part 4
(b) works conducted or other things done under an authorisation 1
given under this Act or the regulations, 2
(c) the administration or purported administration of this Act, 3
(d) the exercise or purported exercise of functions under this Act or 4
the regulations. 5
33 Compensation not payable by race promoter in certain circumstances 6
(1) Compensation is not payable by or on behalf of the race promoter, or an 7
officer, employee or agent of the race promoter, for an act or omission 8
that is a Homebush motor race-related matter or that arises (directly or 9
indirectly) from a Homebush motor race-related matter. 10
(2) Subsection (1): 11
(a) applies only to the extent that the claim for compensation is a 12
claim for economic loss, and 13
(b) applies only in respect of acts done or omitted to be done in good 14
faith, and 15
(c) applies only in respect of anything done or omitted to be done in 16
accordance with any authorisation given under this Act or the 17
regulations, and 18
(d) does not apply to acts or omissions that cause personal injury to 19
a person or the death of a person, and 20
(e) does not apply to acts or omissions that cause property damage. 21
(3) Subsection (1) does not affect compensation payable under any 22
indemnity given, or other agreement made, by the race promoter or a 23
person referred to in subsection (1), that expressly relates to a 24
Homebush motor race-related matter. 25
(4) In this section: 26
compensation includes damages and any other form of monetary 27
compensation. 28
Homebush motor race-related matter means the following: 29
(a) the conduct of a Homebush motor race, 30
(b) works conducted or other things done under an authorisation 31
given under this Act or the regulations. 32
34 Protection of exercise of certain functions 33
(1) This section applies to a function (a protected function) conferred or 34
imposed on any of the following persons (a protected person) by or 35
under Part 3: 36
(a) the Minister (including a delegate of the Minister), 37
Page 17
Clause 34 Homebush Motor Racing (Sydney 400) Bill 2008
Part 4 Application of other laws
(b) the Authority (including a delegate of the Authority). 1
(2) The exercise by any protected person of any protected function may not 2
be: 3
(a) challenged, reviewed, quashed or called into question before any 4
court of law or administrative review body in any proceedings, or 5
(b) restrained, removed or otherwise affected by any proceedings. 6
(3) Without limiting subsection (2), that subsection applies whether or not 7
the proceedings relate to any question involving compliance or 8
non-compliance, by a protected person, with the provisions of Part 3 or 9
the rules of natural justice (procedural fairness). 10
(4) Accordingly, no court of law or administrative review body has 11
jurisdiction or power to consider any question involving compliance or 12
non-compliance, by the protected person, with those provisions or with 13
those rules so far as they apply to the exercise of any protected function. 14
(5) This section has effect despite any provision of this Act or other 15
legislation or any other law (whether written or unwritten). 16
(6) In this section: 17
exercise of functions includes: 18
(a) the purported exercise of functions, and 19
(b) the non-exercise or improper exercise of functions, and 20
(c) the proposed, apprehended or threatened exercise of functions. 21
proceedings includes: 22
(a) proceedings for an order in the nature of prohibition, certiorari or 23
mandamus or for a declaration or injunction or for any other 24
relief, and 25
(b) without limiting paragraph (a), proceedings in the exercise of the 26
inherent jurisdiction of the Supreme Court or the jurisdiction 27
conferred by section 23 of the Supreme Court Act 1970, 28
but does not include any investigation or proceedings under the 29
Independent Commission Against Corruption Act 1988. 30
Page 18
Homebush Motor Racing (Sydney 400) Bill 2008 Clause 35
Miscellaneous Part 5
Part 5 Miscellaneous 1
35 Use of official title and official insignia 2
(1) A person, other than the race promoter, must not use any official title or 3
official insignia for a commercial purpose without the written consent 4
of the race promoter. 5
Maximum penalty: 200 penalty units. 6
(2) A consent under this section: 7
(a) may be given with or without conditions (including conditions 8
requiring payment to the race promoter), and 9
(b) may be revoked by the race promoter for breach of a condition by 10
notice in writing given personally or by post to a person who has 11
the benefit of the consent. 12
(3) In this section: 13
official insignia means a logo, symbol or other design approved by the 14
Authority for the purposes of this section by notice published in the 15
Gazette. 16
official title means Sydney 400 (where the expression can reasonably be 17
taken to refer to a motor race) or any other title approved by the 18
Authority for the purposes of this section by notice published in the 19
Gazette. 20
36 Race promoter may control and charge fee for filming 21
(1) Except with the consent of the race promoter, a person is not entitled to 22
film, for the purpose of profit or gain, the Homebush motor race, or any 23
part of the race, whether or not the filming takes place within the 24
declared racing area. 25
(2) The race promoter may, if the race promoter thinks fit, charge a fee for 26
giving consent under subsection (1), being a fee of the prescribed 27
amount or such other amount as the race promoter considers appropriate 28
in a particular case. 29
(3) If a person films the Homebush motor race, for the purpose of profit or 30
gain, without the consent of the race promoter, the race promoter may 31
recover, as a debt due to the race promoter, by proceedings in a court of 32
competent jurisdiction, the fee of a prescribed amount referred to in 33
subsection (2). 34
(4) In this section, film means make a sound recording or a record of 35
moving images (or both), whether on film or video tape or electronically 36
or by other means. 37
Page 19
Clause 37 Homebush Motor Racing (Sydney 400) Bill 2008
Part 5 Miscellaneous
37 Prohibition of certain advertising on buildings and structures 1
(1) The Minister may, by order published in the Gazette, designate any area 2
to be an advertising controlled site for the period (if any) specified in 3
the order. 4
(2) An area is an advertising controlled site for the purposes of this section 5
only for: 6
(a) the period specified in the order, or 7
(b) if no period is specified in the order--the Homebush motor 8
racing period or, if the Homebush motor race has already 9
commenced, the remainder of that period. 10
(3) A person who is the owner or occupier or the holder of a lease or licence 11
relating to a building or structure that is (or is part of) an advertising 12
controlled site must not, while the land is an advertising controlled site, 13
cause or permit any advertising material to be fixed to or placed on, or 14
to remain on, the building or structure, except as authorised or permitted 15
by the Authority. 16
Maximum penalty: 17
(a) in the case of an individual--250 penalty units, or 18
(b) in the case of a corporation--500 penalty units. 19
(4) A person authorised by the Authority for the purposes of this subsection 20
may obliterate or remove any advertising material that is on a building 21
or structure in contravention of this section. 22
(5) A person authorised under subsection (4) may enter: 23
(a) an advertising controlled site to undertake the obliteration or 24
removal referred to in that subsection, and 25
(b) other adjacent premises, if necessary, to undertake that 26
obliteration or removal. 27
(6) A person is not entitled under this section to enter a part of premises 28
used only for residential purposes, except with the consent of the 29
occupier of the part. 30
(7) In exercising functions under subsection (4), the person must: 31
(a) cause as little damage as possible, and 32
(b) produce to any person apparently in charge of the premises who 33
requests its production the person's authorisation under that 34
subsection. 35
Page 20
Homebush Motor Racing (Sydney 400) Bill 2008 Clause 38
Miscellaneous Part 5
(8) This section does not apply to the following advertising material: 1
(a) any advertising material: 2
(i) that has an area of not more than one square metre, or 3
(ii) comprising a series of related advertisements that together 4
have an area of not more than one square metre, 5
(b) any advertising material that was fixed or placed on a building or 6
structure with the permission of the Sydney Olympic Park 7
Authority (but only if the permission was provided before the 8
area within which the material is situated became an advertising 9
controlled site), 10
(c) any advertising material that is exempted from this section by the 11
regulations. 12
38 Prohibition of certain aerial advertising 13
(1) For the purposes of this section, advertising controlled airspace means 14
airspace that is within unaided sight of the following places: 15
(a) the declared racing area, 16
(b) such other areas as may be prescribed by the regulations for the 17
purposes of this section, 18
but only during such periods as are prescribed by the regulations in 19
relation to the place. 20
(2) A person must not display an advertisement, or cause an advertisement 21
to be displayed, in advertising controlled airspace, except with the 22
authorisation of the Authority. 23
Maximum penalty: 1,000 penalty units. 24
(3) An application for the authorisation of the Authority under this section 25
may be made in such form and manner as is determined by the 26
Authority. 27
(4) The Authority may determine an application by granting the 28
application, unconditionally or subject to conditions, or by refusing the 29
application. 30
(5) Before determining an application, the Authority must advise the race 31
promoter of the details of the application by notice in writing and allow 32
the race promoter 14 days within which the race promoter may make 33
submissions to the Authority in relation to the application. 34
(6) For the purposes of this section, the Authority may grant authorisation 35
to a person, or to classes or descriptions of persons, only if in its opinion 36
the display of the advertisement will not adversely affect the 37
organisation or conduct of the Homebush motor race. 38
Page 21
Clause 39 Homebush Motor Racing (Sydney 400) Bill 2008
Part 5 Miscellaneous
(7) The determination of the Authority with respect to an application for 1
authorisation is final. 2
(8) For the purposes of this section: 3
advertisement includes the following: 4
(a) skywriting or signwriting by an aircraft, 5
(b) a banner, or other sign, towed by or attached to an aircraft, 6
(c) matter displayed on an aircraft, other than its normal markings 7
and livery, 8
(d) matter displayed on a hang glider, parachute, paraglider or 9
similar device, other than its normal markings, or on a banner or 10
sign attached to a hang glider, parachute, paraglider or similar 11
device, 12
(e) a banner, or other sign, attached to a person suspended from a 13
hang glider, parachute, paraglider or similar device, 14
(f) matter displayed by the projection of a laser light or other light 15
source. 16
aircraft includes an airship or a balloon. 17
39 Authority taken to be part of Department of State and Regional 18
Development for certain purposes 19
The Authority is, for the purposes of the Public Finance and Audit Act 20
1983, the Annual Reports (Departments) Act 1985, or any other Act 21
prescribed by the regulations, taken to be part of the Department of 22
State and Regional Development. 23
40 Effect of Act on contracts, instruments and related matters 24
(1) The operation of this Act is not to be regarded as: 25
(a) a breach of contract or confidence or otherwise as a civil wrong, 26
or 27
(b) a breach of any instrument, or 28
(c) an event of default under any contract or other instrument, or 29
(d) giving rise to any remedy by a party to a contract or other 30
instrument, or as causing or permitting the termination of, or 31
exercise of rights under, any contract or other instrument. 32
(2) In this section, instrument does not include a statutory instrument. 33
41 Offences by corporations 34
(1) If a corporation contravenes, whether by act or omission, any provision 35
of this Act or the regulations, each person who is a director of the 36
corporation or who is concerned in the management of the corporation 37
Page 22
Homebush Motor Racing (Sydney 400) Bill 2008 Clause 42
Miscellaneous Part 5
is taken to have contravened the same provision if the person knowingly 1
authorised or permitted the contravention. 2
(2) A person may be proceeded against and convicted under a provision 3
pursuant to subsection (1) whether or not the corporation has been 4
proceeded against or has been convicted under the provision. 5
(3) Nothing in this section affects any liability imposed on a corporation for 6
an offence committed by the corporation under this Act or the 7
regulations. 8
42 Proceedings for offences 9
(1) Proceedings for an offence against this Act or the regulations may be 10
dealt with: 11
(a) summarily before a Local Court, or 12
(b) summarily before the Supreme Court in its summary jurisdiction. 13
(2) If proceedings are brought in a Local Court, the maximum monetary 14
penalty that the Local Court may impose for the offence is 100 penalty 15
units or such other amount as may be prescribed by the regulations, 16
despite any higher maximum monetary penalty provided in respect of 17
the offence. 18
43 Regulations 19
(1) The Governor may make regulations, not inconsistent with this Act, for 20
or with respect to any matter that by this Act is required or permitted to 21
be prescribed or that is necessary or convenient to be prescribed for 22
carrying out or giving effect to this Act. 23
(2) In particular, regulations may be made for or with respect to the 24
following: 25
(a) the fees and charges that may be imposed for the purposes of this 26
Act, 27
(b) the fees that may be charged or collected by the race promoter for 28
admission to the declared racing area or part of the declared 29
racing area, 30
(c) the procedures of the Authority, 31
(d) regulating the provision of services by the race promoter, 32
(e) regulating access to the declared racing area or part of a declared 33
racing area, 34
(f) regulating the conduct of persons in the declared racing area and 35
the exclusion or expulsion of persons from the declared racing 36
area, 37
Page 23
Clause 44 Homebush Motor Racing (Sydney 400) Bill 2008
Part 5 Miscellaneous
(g) regulating, restricting or prohibiting the bringing of liquor into, or 1
consumption of liquor within, the declared racing area during a 2
Homebush motor racing period, 3
(h) the driving or parking of motor vehicles within the declared 4
racing area (including, but not limited to enabling the Authority 5
to issue notices, with the concurrence of the Roads and Traffic 6
Authority, to remove specified restrictions on parking within the 7
declared racing area), 8
(i) conferring on the Authority any function that may be exercised 9
by a local council in relation to a public place. 10
(3) The regulations may modify the application of the regulations made 11
under the Sydney Olympic Park Authority Act 2001 within the declared 12
racing area during the Homebush motor racing period. 13
(4) The regulations may create an offence punishable by a maximum 14
penalty of 50 penalty units. 15
44 Savings, transitional and other provisions 16
Schedule 2 has effect. 17
45 Amendment of Subordinate Legislation Act 1989 No 146 18
The Subordinate Legislation Act 1989 is amended by inserting the 19
following at the end of Schedule 3 (Matters not requiring regulatory 20
impact statements): 21
10 A regulation under the Homebush Motor Racing (Sydney 400) 22
Act 2008. 23
46 Review of Act 24
(1) The Minister is to review this Act to determine whether the policy 25
objectives of the Act remain valid and whether the terms of the Act 26
remain appropriate for securing those objectives. 27
(2) The review is to be undertaken within 6 months from the end of the 28
Homebush motor racing period in 2010. 29
(3) A report on the outcome of the review is to be tabled in each House of 30
Parliament within 6 months from the end of the Homebush motor racing 31
period in 2010. 32
Page 24
Homebush Motor Racing (Sydney 400) Bill 2008
Membership and procedure of Advisory Board Schedule 1
Schedule 1 Membership and procedure of Advisory 1
Board 2
(Section 8 (7)) 3
Part 1 General 4
1 Definitions 5
In this Schedule: 6
appointed member means a person who is appointed by the Minister as 7
a member of the Advisory Board. 8
Chairperson means the Chairperson of the Advisory Board. 9
Deputy Chairperson means the Deputy Chairperson of the Advisory 10
Board. 11
member means any member of the Advisory Board. 12
Part 2 Members 13
2 Terms of office of members 14
Subject to this Schedule and the regulations, an appointed member 15
holds office for such period as is specified in the member's instrument 16
of appointment, but is eligible (if otherwise qualified) for 17
re-appointment. 18
3 Part-time appointments 19
Appointed members hold office as part-time members. 20
4 Remuneration 21
An appointed member is entitled to be paid such remuneration 22
(including travelling and subsistence allowances) as the Minister may 23
from time to time determine in respect of the member. 24
5 Vacancy in office of member 25
(1) The office of an appointed member becomes vacant if the member: 26
(a) dies, or 27
(b) completes a term of office and is not re-appointed, or 28
(c) resigns the office by instrument in writing addressed to the 29
Minister, or 30
(d) is removed from office by the Minister under this clause, or 31
Page 25
Homebush Motor Racing (Sydney 400) Bill 2008
Schedule 1 Membership and procedure of Advisory Board
(e) is absent from 3 consecutive meetings of the Advisory Board of 1
which reasonable notice has been given to the member personally 2
or by post, except on leave granted by the Minister or unless the 3
member is excused by the Minister for having been absent from 4
those meetings, or 5
(f) becomes bankrupt, applies to take the benefit of any law for the 6
relief of bankrupt or insolvent debtors, compounds with his or her 7
creditors or makes an assignment of his or her remuneration for 8
their benefit, or 9
(g) becomes a mentally incapacitated person, or 10
(h) is convicted in New South Wales of an offence that is punishable 11
by imprisonment for 12 months or more or is convicted 12
elsewhere than in New South Wales of an offence that, if 13
committed in New South Wales, would be an offence so 14
punishable. 15
(2) The Minister may remove an appointed member from office at any time. 16
6 Filling of vacancy in office of appointed member 17
If the office of any appointed member becomes vacant, a person is, 18
subject to this Act and the regulations, to be appointed to fill the 19
vacancy. 20
7 Chairperson and Deputy Chairperson 21
(1) The Chairperson or Deputy Chairperson vacates office as Chairperson 22
or Deputy Chairperson if he or she: 23
(a) is removed from that office by the Minister under this clause, or 24
(b) resigns that office by instrument in writing addressed to the 25
Minister, or 26
(c) ceases to be a member of the Advisory Board. 27
(2) The Minister may at any time remove the Chairperson or Deputy 28
Chairperson from office as Chairperson or Deputy Chairperson. 29
8 Disclosure of pecuniary interests 30
(1) If: 31
(a) a member has a direct or indirect pecuniary interest or other 32
interest in a matter being considered or about to be considered at 33
a meeting of the Advisory Board, and 34
Page 26
Homebush Motor Racing (Sydney 400) Bill 2008
Membership and procedure of Advisory Board Schedule 1
(b) the interest appears to raise a conflict with the proper 1
performance of the member's duties in relation to the 2
consideration of the matter, 3
the member must, as soon as possible after the relevant facts have come 4
to the member's knowledge, disclose the nature of the interest at a 5
meeting of the Advisory Board. 6
(2) A disclosure by a member at a meeting of the Advisory Board that the 7
member: 8
(a) is a member, or is in the employment, of a specified company or 9
other body, or 10
(b) is a partner, or is in the employment, of a specified person, or 11
(c) has some other specified interest relating to a specified company 12
or other body or to a specified person, 13
is a sufficient disclosure of the nature of the interest in any matter 14
relating to that company or other body or to that person which may arise 15
after the date of the disclosure and which is required to be disclosed 16
under subclause (1). 17
(3) Subclause (1) does not apply to an interest that the member has as: 18
(a) a member of any local authority, or 19
(b) an office bearer of any statutory body, or 20
(c) a member of the Government Service or an employee of a 21
statutory body. 22
(4) After a member has disclosed the nature of an interest in any matter, the 23
member must not, unless the Minister or the Advisory Board otherwise 24
determines: 25
(a) be present during any deliberation of the Advisory Board with 26
respect to the matter, or 27
(b) take part in any decision of the Advisory Board with respect to 28
the matter. 29
(5) For the purposes of the making of a determination by the Advisory 30
Board under subclause (4), a member who has a direct or indirect 31
pecuniary interest or other interest in a matter to which the disclosure 32
relates must not: 33
(a) be present during any deliberation of the Advisory Board for the 34
purpose of making the determination, or 35
(b) take part in the making by the Advisory Board of the 36
determination. 37
(6) A contravention of this clause does not invalidate any decision of the 38
Advisory Board. 39
Page 27
Homebush Motor Racing (Sydney 400) Bill 2008
Schedule 1 Membership and procedure of Advisory Board
9 Effect of certain other Acts 1
(1) Chapter 2 of the Public Sector Employment and Management Act 2002 2
does not apply to or in respect of the appointment of an appointed 3
member. 4
(2) If by or under any Act provision is made: 5
(a) requiring a person who is the holder of a specified office to 6
devote the whole of his or her time to the duties of that office, or 7
(b) prohibiting the person from engaging in employment outside the 8
duties of that office, 9
the provision does not operate to disqualify the person from holding that 10
office and also the office of an appointed member or from accepting and 11
retaining any remuneration payable to the person under this Act as a 12
member. 13
Part 3 Procedure 14
10 General procedure 15
The procedure for the calling of meetings of the Advisory Board and for 16
the conduct of business at those meetings is, subject to this Act and the 17
regulations, to be as determined by the Advisory Board. 18
11 Quorum 19
The quorum for a meeting of the Advisory Board is a majority of its 20
members for the time being. 21
12 Presiding member 22
(1) The Chairperson (or, in the absence of the Chairperson, the Deputy 23
Chairperson, or in the absence of both the Chairperson and the Deputy 24
Chairperson, a person elected by the members of the Advisory Board 25
who are present at a meeting of the Board) is to preside at a meeting of 26
the Advisory Board. 27
(2) The presiding member has a deliberative vote and, in the event of an 28
equality of votes, has a second or casting vote. 29
13 Voting 30
A decision supported by a majority of the votes cast at a meeting of the 31
Advisory Board at which a quorum is present is the decision of the 32
Advisory Board. 33
Page 28
Homebush Motor Racing (Sydney 400) Bill 2008
Membership and procedure of Advisory Board Schedule 1
14 Transaction of business outside meetings or by telephone 1
(1) The Advisory Board may, if it thinks fit, transact any of its business by 2
the circulation of papers among all the members of the Advisory Board 3
for the time being, and a resolution in writing approved in writing by a 4
majority of those members is taken to be a decision of the Advisory 5
Board. 6
(2) The Advisory Board may, if it thinks fit, transact any of its business at 7
a meeting at which members (or some members) participate by 8
telephone, closed-circuit television or other means, but only if any 9
member who speaks on a matter before the meeting can be heard by the 10
other members. 11
(3) For the purposes of: 12
(a) the approval of a resolution under subclause (1), or 13
(b) a meeting held in accordance with subclause (2), 14
the Chairperson and each member have the same voting rights as they 15
have at an ordinary meeting of the Advisory Board. 16
(4) A resolution approved under subclause (1) is, subject to the regulations, 17
to be recorded in the minutes of the meetings of the Advisory Board. 18
(5) Papers may be circulated among the members for the purposes of 19
subclause (1) by facsimile or other transmission of the information in 20
the papers concerned. 21
15 Minutes 22
(1) The Advisory Board must keep minutes of proceedings at its meetings. 23
(2) The Advisory Board must furnish to the Chief Executive Officer a copy 24
of the minutes of each meeting within 14 days after the meeting was 25
held. 26
16 First meeting 27
The Minister may call the first meeting of the Advisory Board in such 28
manner as the Minister thinks fit. 29
Page 29
Homebush Motor Racing (Sydney 400) Bill 2008
Schedule 2 Savings, transitional and other provisions
Schedule 2 Savings, transitional and other 1
provisions 2
(Section 44) 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of the following Acts: 6
this Act 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that 10
is earlier than the date of its publication in the Gazette, the provision 11
does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the 13
State or an authority of the State), the rights of that person 14
existing before the date of its publication, or 15
(b) to impose liabilities on any person (other than the State or an 16
authority of the State) in respect of anything done or omitted to 17
be done before the date of its publication. 18
Page 30
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