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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Motor Sports (World Rally
Championship) Bill 2009
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to facilitate the conduct of a motor sport, known as the
World Rally Championship.
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.
Clause 3 defines certain words and expressions used in the proposed Act.
Part 2 Conduct of rally events
Clause 4 enables the Minister to declare, by order, any area within the Northern
Rivers region or other region prescribed by the regulations under the proposed Act
as the area (the declared rally area) within which a rally event (being a round of the
b2009-060-28.d22
Motor Sports (World Rally Championship) Bill 2009
Explanatory note
World Rally Championship) may be conducted. The proposed section also enables
the Minister to designate the period during which the rally event may be conducted
(the declared rally period). A rally event may not be conducted after the year 2017,
unless the regulations under the proposed Act authorise a later year. Orders under the
proposed section must be published in the Gazette and may be amended or revoked
by a further order.
Clause 5 provides that the Minister may authorise a person (the rally promoter) to
conduct a rally event in accordance with the proposed Act. That authorisation may
be subject to any reasonable conditions that the Minister may impose, by written
notice to the rally promoter, relating to public safety, environmental protection,
insurance, reporting requirements, transport arrangement and traffic management,
reinstatement of land, consultation requirements, financial arrangements, temporary
works requirements and emergency vehicle and other property access. The Minister
may add, amend or revoke conditions and may revoke an authorisation if the rally
promoter contravenes a condition imposed under the proposed section. The
contravention of any condition relating to public safety, environmental protection or
insurance is an offence.
Clause 6 provides that an authorisation under proposed section 5 may also authorise
a rally promoter to carry out temporary works associated with a rally event within
the declared rally area and the declared rally period, subject to any conditions
imposed under proposed section 5. The temporary works include those works to
support crew, media and spectators, including service roads, parking, security and
fencing, traffic and rally control facilities, utility, telecommunication, media and
lighting facilities, facilities for vehicles, temporary structures such as seating, stands,
shade, catering and toilet facilities, advertising signage, fire fighting and medical
facilities and road maintenance works. The use of Walter Peate Reserve, Kingscliff,
or other prescribed area, as a temporary helipad, with restricted hours and numbers
of flights is also a temporary work. The rally promoter must comply with any written
direction of the Minister to ensure compliance with, or to rectify a breach of, a
condition relating to temporary works.
Clause 7 requires a rally promoter to carry out land reinstatement work arising from
the conduct of a rally event. The proposed section clarifies that any damage caused
by deliberate vandalism or by persons aiming to disrupt the conduct of a rally event
is excluded.
Clause 8 provides for public authorities to assist in the conduct of rally events and
related works or activities.
Clause 9 provides for directions necessary for the safety of persons to be given by
police officers to persons on a road on which a rally event is being conducted, or on
public or private land adjacent to, or in the vicinity of, that road. Any such direction
must be reasonable for the purpose of reducing or eliminating the risk to safety and
may be given to persons comprising a group. An offence is committed with a
maximum penalty of $220 if a person persists in the relevant conduct without
reasonable excuse after a direction is given.
Explanatory note page 2
Motor Sports (World Rally Championship) Bill 2009
Explanatory note
Part 3 Application of other laws
Clause 10 modifies the application of the Environmental Planning and Assessment
Act 1979 in respect of declarations, authorisations, the conduct of rally events and
rally-related activities (being the carrying out and dismantling of temporary works,
the reinstatement of land and the activities of public authorities under proposed
section 8).
Clause 11 provides that a person who is authorised, permitted or required to do
anything in relation to roads and areas immediately adjacent to roads by or under the
proposed Act may do that thing despite the fact that the doing of it is not authorised
(when required to be) or permitted by or under the National Parks and Wildlife Act
1974. It further provides that any act that is authorised, permitted or required by or
under the proposed Act is taken to be a defence to a prosecution for various offences
contained in Part 8A of the National Parks and Wildlife Act 1974.
Clause 12 provides that any act that is authorised, permitted or required by or under
the proposed Act is taken to be a defence to a prosecution for various offences
contained in Part 7A of the Fisheries Management Act 1994.
Clause 13 provides that a person who is authorised, permitted or required to do
anything by or under the proposed Act may do that thing despite the fact that the
doing of it is not authorised (when required to be) by, or is contrary to, or is
inconsistent with, the terms and conditions of an approval granted under, the Local
Government Act 1993. The proposed section also provides that community land may
be used for anything authorised, permitted or required by or under the proposed Act
despite any restriction, including a plan of management for community land,
applying to the land under the Local Government Act 1993.
Clause 14 provides that a person who is authorised, permitted or required to do
anything under the proposed Act in relation to roads may do that thing despite the
fact that it is not authorised (when required to be) by or under the Forestry Act 1916.
Clause 15 provides that a person who is authorised, permitted or required to do
anything under the proposed Act may do that thing despite the fact that it is not
approved as a controlled activity (when required to be) by or under the Water
Management Act 2000.
Clause 16 enables a reserve under the Crown Lands Act 1989 to be used for anything
that is authorised, permitted or required by or under the proposed Act.
Clause 17 suspends the following provisions of road and noise legislation, except to
the extent provided by the regulations under the proposed Act:
(a) the provisions of, or an instrument made under, the Motor Vehicle Sports
(Public Safety) Act 1985, section 40 of the Road Transport (Safety and Traffic
Management) Act 1999 and the Roads Act 1993 do not apply in respect of a
rally event during a declared rally period,
(b) for the purposes of the road transport legislation, within the meaning of the
Road Transport (General) Act 2005, or an instrument made under that Act, a
road or road related area temporarily closed during its use for the purposes of
Explanatory note page 3
Motor Sports (World Rally Championship) Bill 2009
Explanatory note
a rally event, is not a road or road related area within the meaning of that
legislation,
(c) the provisions of, or an instrument made under, the Protection of the
Environment Operations Act 1997 that relate to noise do not apply in respect
of anything that is authorised, permitted or required by or under the proposed
Act.
Clause 18 provides that anything done or omitted to be done by a person pursuant to
the proposed Act does not constitute a nuisance.
Part 4 Miscellaneous
Clause 19 provides for the delegation of functions of the Minister under the
proposed Act.
Clause 20 protects the exercise of certain functions of the Minister (or any delegate
of the Minister) or a public authority from challenge or review before a court or
administrative review body or from being restrained, removed or otherwise affected
by any proceedings.
Clause 21 provides that directors, and other persons concerned in the management
of a corporation, who knowingly authorise or permit the contravention of a provision
of the proposed Act are to be taken to have contravened the same provision.
Clause 22 provides that proceedings for an offence under the proposed Act or the
regulations may be dealt with summarily before a Local Court.
Clause 23 provides that proceedings:
(a) under the proposed Act may only be instituted by a person with the consent of
the Minister, and
(b) under sections 219, 252 and 253 of the Protection of the Environment
Operations Act 1997 and under section 20 (2) of the Land and Environment
Court Act 1979 (relating to the Protection of the Environment Operations Act
1997) that arise out of the conduct of a rally event, may only be instituted by,
or with the authority of, the Environment Protection Authority.
Clause 24 authorises the Governor to make regulations for the purposes of the
proposed Act, including provisions of a savings or transitional nature.
Clause 25 provides for the review of the proposed Act in 5 years.
Explanatory note page 4
First print
New South Wales
Motor Sports (World Rally
Championship) Bill 2009
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Conduct of rally events
4 Declared rally area and declared rally period 3
5 Authorisation of rally promoter and conduct of rally event 3
6 Temporary works 4
7 Reinstatement of land 5
8 Powers of public authorities 6
9 Directions by police officers 6
b2009-060-28.d22
Motor Sports (World Rally Championship) Bill 2009
Contents
Page
Part 3 Application of other laws
10 Application of Environmental Planning and Assessment
Act 1979 7
11 Application of National Parks and Wildlife Act 1974 7
12 Application of Fisheries Management Act 1994 8
13 Application of Local Government Act 1993 8
14 Application of Forestry Act 1916 8
15 Application of Water Management Act 2000 8
16 Application of Crown Lands Act 1989 9
17 Suspension of certain road and noise legislation 9
18 No liability in nuisance 9
Part 4 Miscellaneous
19 Delegation of Minister's functions 10
20 Protection of exercise of functions of Minister and public
authorities under this Act 10
21 Offences by corporations 11
22 Proceedings for offences 11
23 Authority to institute proceedings 11
24 Regulations 12
25 Review of Act 12
Contents page 2
New South Wales
Motor Sports (World Rally
Championship) Bill 2009
No , 2009
A Bill for
An Act to facilitate the conduct of the motor sport known as the World Rally
Championship.
Clause 1 Motor Sports (World Rally Championship) Bill 2009
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Motor Sports (World Rally Championship) Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Definitions 7
(1) In this Act: 8
declared rally area--see section 4. 9
declared rally period--see section 4. 10
exercise a function includes perform a duty. 11
function includes a power, authority or duty. 12
Northern Rivers region means the local government areas of Kyogle 13
and Tweed. 14
public authority has the same meaning as it has in the Environmental 15
Planning and Assessment Act 1979. 16
rally event means a round of the Fédération Internationale 17
de l'Automobile World Rally Championship. 18
rally promoter means the person authorised to conduct a rally event 19
under section 5. 20
temporary works--see section 6. 21
(2) Notes included in this Act do not form part of this Act. 22
Page 2
Motor Sports (World Rally Championship) Bill 2009 Clause 4
Conduct of rally events Part 2
Part 2 Conduct of rally events 1
4 Declared rally area and declared rally period 2
(1) The Minister may, by order, declare any area within the Northern Rivers 3
region, or within any other region of the State prescribed by the 4
regulations, as the area within which a rally event may be conducted 5
(the declared rally area). 6
(2) The Minister may, by order, designate the period during which a rally 7
event may be conducted (the declared rally period). 8
(3) A declared rally period is to include the periods during which: 9
(a) the rally event will be run, and 10
(b) any temporary works are to be carried out and dismantled, and 11
(c) land is to be reinstated. 12
(4) An order under this section may not enable the conduct of a rally event 13
after the year 2017, unless the regulations authorise the conduct of a 14
rally event after that date. 15
(5) An order under this section is required to be published in the Gazette, 16
and may be amended or revoked by a further order published in the 17
Gazette. 18
5 Authorisation of rally promoter and conduct of rally event 19
(1) The Minister may, by order, authorise a person (the rally promoter) to 20
conduct a rally event within the declared rally area during the declared 21
rally period, subject to and in accordance with this Act. 22
(2) An authorisation may be subject to such conditions as the Minister 23
considers reasonable to impose by written notice to the rally promoter, 24
including (but not limited to) conditions relating to any of the following: 25
(a) public safety, 26
(b) environmental protection, 27
(c) insurance, 28
(d) reporting requirements, 29
(e) transport arrangements and traffic management, 30
(f) reinstatement of land, 31
(g) consultation requirements, 32
(h) financial arrangements (including the provision of security and 33
the fees or charges for use of land or services), 34
(i) temporary works requirements, 35
Page 3
Clause 6 Motor Sports (World Rally Championship) Bill 2009
Part 2 Conduct of rally events
(j) emergency vehicle and other property access. 1
(3) Any conditions may be amended or revoked (or additional conditions 2
imposed) by the Minister at any time by notice in writing to the rally 3
promoter. 4
(4) Before imposing or amending a condition, the Minister must advise the 5
rally promoter in writing of the proposed condition or amendment and 6
allow the rally promoter 14 days (or other period agreed between the 7
Minister and the promoter) within which to make written submissions 8
to the Minister in relation to the proposed condition or amendment. 9
(5) If the rally promoter contravenes a condition of an authorisation under 10
this section, the Minister may revoke the authorisation. 11
(6) If any condition of an authorisation under this section relating to public 12
safety, environmental protection or insurance is contravened, the rally 13
promoter is guilty of an offence. 14
Maximum penalty: 15
(a) in the case of an individual--$250,000, or 16
(b) in the case of a corporation--$1,000,000. 17
(7) It is a defence in any proceedings for an offence under subsection (6) if 18
the rally promoter establishes that: 19
(a) the commission of the offence was due to causes over which the 20
rally promoter had no control, and 21
(b) the rally promoter took reasonable precautions and exercised due 22
diligence to prevent the commission of the offence. 23
6 Temporary works 24
(1) An authorisation under section 5 may also authorise the rally promoter 25
to carry out and dismantle temporary works associated with a rally 26
event within the declared rally area and the declared rally period, 27
subject to any conditions imposed under section 5. 28
(2) Temporary works include, but are not limited to, any of the following 29
(and such other things as are reasonably necessary for or incidental to 30
those temporary works): 31
(a) service roads, ramps and vehicle parking, 32
(b) security and other fencing, safety barriers, hoardings and gates, 33
(c) traffic and rally control facilities, including signage, 34
(d) power and water supply and waste management facilities, 35
(e) telecommunications, media recording, broadcast, public 36
announcement and lighting facilities, 37
Page 4
Motor Sports (World Rally Championship) Bill 2009 Clause 7
Conduct of rally events Part 2
(f) facilities for vehicle refuelling, servicing, repair and washdown, 1
(g) temporary structures to support crew, media and spectators such 2
as seating, stands, shading, catering and toilet facilities, 3
(h) advertising signage, 4
(i) emergency fire fighting and fire prevention facilities and medical 5
and rescue facilities, 6
(j) grading or other road maintenance works, 7
(k) use of Walter Peate Reserve, Kingscliff (or any other area 8
prescribed by the regulations) as a temporary helipad if: 9
(i) there are no more than 50 flights per day, and 10
(ii) the flights are conducted only between 6.00 am and 11
6.00 pm. 12
(3) The rally promoter must comply with any written direction of the 13
Minister in relation to any authorised temporary works: 14
(a) to ensure compliance with a condition, or 15
(b) to rectify any matter that the Minister considers constitutes a 16
breach of a condition. 17
7 Reinstatement of land 18
(1) The rally promoter must reinstate land, within the declared rally period, 19
by: 20
(a) repairing any damage to land (including any fixtures) within the 21
declared rally area arising from the conduct of a rally event, and 22
(b) removing any rubbish generated by the conduct of a rally event 23
from land within the declared rally area, and 24
(c) reinstating any land within the declared rally area affected by the 25
conduct of a rally event, so far as is practicable, to the condition 26
it was in before the carrying out, and dismantling, of any 27
temporary works and the conduct of the rally event. 28
(2) If the rally promoter fails to carry out the work required to comply with 29
subsection (1), the Minister: 30
(a) may cause the work to be carried out, and 31
(b) may, by proceedings brought in a court of competent jurisdiction, 32
recover from the rally promoter the cost of carrying out the work. 33
(3) A document signed by the Minister certifying the cost of carrying out 34
work in accordance with subsection (2) is admissible in any proceedings 35
and is evidence of that cost. 36
Page 5
Clause 8 Motor Sports (World Rally Championship) Bill 2009
Part 2 Conduct of rally events
(4) Nothing in subsection (1) is to be construed as requiring the rally 1
promoter to repair damage, remove rubbish or reinstate affected land 2
that was caused by: 3
(a) the deliberate vandalism of a person not acting on behalf of the 4
rally promoter, or 5
(b) the actions of a person aiming to disrupt or obstruct the conduct 6
of a rally event. 7
8 Powers of public authorities 8
(1) A public authority is authorised to assist in the conduct of a rally event 9
and any related works or activities (including by providing advice or 10
services or by carrying out works). 11
(2) A power conferred by this section is in addition to the other statutory 12
functions of the public authority. 13
9 Directions by police officers 14
(1) A police officer may give a direction to a person on a road on which a 15
rally event is being conducted, or on public or private land adjacent to, 16
or in the vicinity of, that road, if the police officer believes on 17
reasonable grounds that it is necessary for the safety of that or any other 18
person from the conduct of the rally event (including any risks to the 19
participants in the rally event). 20
(2) A direction given by a police officer must be reasonable in the 21
circumstances for the purpose of reducing or eliminating the risk to the 22
safety of any person. 23
(3) A direction under this section may be given to persons comprising a 24
group and in any such case the police officer is not required to repeat the 25
direction, or the information and warning referred to in section 201 of 26
the Law Enforcement (Powers and Responsibilities) Act 2002 to each 27
person in the group. 28
(4) However, just because the police officer is not required to repeat any 29
such direction, information or warning does not in itself give rise to any 30
presumption that each person in the group has received the direction, 31
information or warning. 32
(5) A person must not, without reasonable excuse, refuse or fail to comply 33
with a direction given in accordance with this section. 34
Maximum penalty: $220. 35
(6) A person is not guilty of an offence under this section unless it is 36
established that the person persisted, after the direction concerned was 37
given, to engage in the relevant conduct. 38
Page 6
Motor Sports (World Rally Championship) Bill 2009 Clause 10
Application of other laws Part 3
Part 3 Application of other laws 1
10 Application of Environmental Planning and Assessment Act 1979 2
(1) Part 5 of the Environmental Planning and Assessment Act 1979 does not 3
apply to or in respect of: 4
(a) an order, or amendment of an order, declaring an area as a 5
declared rally area or a period as a declared rally period, or 6
(b) an authorisation, or an amendment of an authorisation, to conduct 7
a rally event (including the conditions of the authorisation), or 8
(c) the conduct of a rally event during the declared rally period, or 9
(d) the carrying out of rally-related activities during the declared 10
rally period. 11
(2) An environmental planning instrument under the Environmental 12
Planning and Assessment Act 1979 cannot prohibit, require 13
development consent for or otherwise restrict the conduct of a rally 14
event, or the carrying out of rally-related activities, during the declared 15
rally period. This subsection applies to an environmental planning 16
instrument made before or after the commencement of this Act. 17
(3) The conduct of a rally event, or the carrying out of rally-related 18
activities, during the declared rally period cannot be declared to be a 19
project under Part 3A of the Environmental Planning and Assessment 20
Act 1979. 21
(4) An order under Division 2A of Part 6 of the Environmental Planning 22
and Assessment Act 1979 does not have effect to the extent that it 23
prevents or interferes with the conduct of a rally event, or the carrying 24
out of rally-related activities, during the declared rally period. 25
(5) In this section, rally-related activities means the carrying out or 26
dismantling of any temporary works authorised by or under this Act, the 27
reinstatement of land required by or under this Act or the exercise of 28
powers by a public authority under section 8. 29
11 Application of National Parks and Wildlife Act 1974 30
(1) A person who is authorised, permitted or required to do anything by or 31
under this Act in relation to roads and areas immediately adjacent to 32
roads may do that thing despite the fact that the doing of it is not 33
authorised (when required to be) or is not permitted by or under the 34
National Parks and Wildlife Act 1974. 35
(2) For the purposes of Part 8A of the National Parks and Wildlife Act 36
1974, any act that is authorised, permitted or required by or under this 37
Act is taken to be an act that is essential for the carrying out of 38
Page 7
Clause 12 Motor Sports (World Rally Championship) Bill 2009
Part 3 Application of other laws
development in accordance with a development consent within the 1
meaning of the Environmental Planning and Assessment Act 1979. 2
12 Application of Fisheries Management Act 1994 3
For the purposes of Part 7A of the Fisheries Management Act 1994, any 4
act that is authorised, permitted or required by or under this Act is taken 5
to be an act that is essential for the carrying out of development in 6
accordance with a development consent within the meaning of the 7
Environmental Planning and Assessment Act 1979. 8
13 Application of Local Government Act 1993 9
(1) A person who is authorised, permitted or required to do anything by or 10
under this Act may do that thing despite the fact that the doing of it is 11
not authorised (when required to be) or is not permitted by or under the 12
Local Government Act 1993. 13
(2) A person who is authorised, permitted or required to do anything by or 14
under this Act may do that thing despite the fact that the doing of it is 15
contrary to, or inconsistent with, the terms or conditions of an approval 16
granted under the Local Government Act 1993. 17
(3) A person who is exempt from the requirement to obtain an approval 18
under section 68 of the Local Government Act 1993 does not cease to be 19
exempt from the requirement by the doing of anything that is reasonably 20
necessary to be done under, or as a consequence of the operation of, this 21
Act. 22
(4) Nothing in the Local Government Act 1993 or an instrument made 23
under that Act, including a plan of management for community land, 24
prevents or restricts the use of community land for anything that is 25
authorised, permitted or required by or under this Act. 26
14 Application of Forestry Act 1916 27
A person who is authorised, permitted or required to do anything by or 28
under this Act in relation to roads and areas immediately adjacent to 29
roads may do that thing despite the fact that the doing of it is not 30
authorised (when required to be) or is not permitted by or under the 31
Forestry Act 1916. 32
15 Application of Water Management Act 2000 33
A person who is authorised, permitted or required to do anything by or 34
under this Act may do that thing despite the fact that the doing of it is 35
not approved as a controlled activity (when required to be) or is not 36
permitted by or under the Water Management Act 2000. 37
Page 8
Motor Sports (World Rally Championship) Bill 2009 Clause 16
Application of other laws Part 3
16 Application of Crown Lands Act 1989 1
(1) Nothing in the Crown Lands Act 1989 or an instrument made under that 2
Act, including any by-law or plan of management for a reserve, 3
prevents or restricts the use of a reserve for anything that is authorised, 4
permitted or required by or under this Act. 5
(2) In this section, reserve has the same meaning as in section 78 of the 6
Crown Lands Act 1989. 7
17 Suspension of certain road and noise legislation 8
(1) This section applies to the extent that the regulations otherwise provide 9
and subject to any modifications specified in the regulations. 10
(2) The provisions of: 11
(a) the Motor Vehicle Sports (Public Safety) Act 1985 or an 12
instrument made under that Act, and 13
(b) section 40 of the Road Transport (Safety and Traffic 14
Management) Act 1999 or an instrument made under that Act in 15
relation to the matters contained in section 40, and 16
(c) the Roads Act 1993 or an instrument made under that Act, 17
do not apply, during a declared rally period, in relation to the conduct of 18
a rally event or the area in which it is conducted. 19
(3) For the purposes of the road transport legislation, within the meaning of 20
the Road Transport (General) Act 2005, any road or road related area 21
temporarily closed for the purposes of enabling participants in a rally 22
event to use the road or road related area during a stage of the rally event 23
is not, while so closed, a road or road related area within the meaning of 24
that legislation. 25
(4) The provisions of or made under the Protection of the Environment 26
Operations Act 1997 (being those provisions that relate to noise) do not 27
apply in respect of anything that is authorised, permitted or required by 28
or under this Act. 29
18 No liability in nuisance 30
Anything done or omitted to be done by any person: 31
(a) in the exercise of a function under this Act or the regulations, or 32
(b) pursuant to any of the provisions of this Act or the regulations, or 33
(c) in accordance with any authorisation under this Act or the 34
regulations, 35
does not constitute a nuisance. 36
Page 9
Clause 19 Motor Sports (World Rally Championship) Bill 2009
Part 4 Miscellaneous
Part 4 Miscellaneous 1
19 Delegation of Minister's functions 2
(1) The Minister may delegate to an authorised person any of his or her 3
functions, other than this power of delegation. 4
(2) In this section, authorised person means a public authority or a member 5
of staff of a public authority. 6
20 Protection of exercise of functions of Minister and public authorities 7
under this Act 8
(1) This section applies to a function (a protected function) conferred or 9
imposed on the Minister or a public authority, including a delegate of 10
the Minister or public authority, (a protected person) by or under this 11
Act. 12
(2) The exercise by any protected person of any protected function may not 13
be: 14
(a) challenged, reviewed, quashed or called into question before any 15
court of law or administrative review body in any proceedings, or 16
(b) restrained, removed or otherwise affected by any proceedings. 17
(3) Without limiting subsection (2), that subsection applies whether or not 18
the proceedings relate to any question involving compliance or 19
non-compliance, by a protected person, with the provisions of this Act 20
or the rules of natural justice (procedural fairness). 21
(4) Accordingly, no court of law or administrative review body has 22
jurisdiction or power to consider any question involving compliance or 23
non-compliance, by the protected person, with those provisions or with 24
those rules so far as they apply to the exercise of any protected function. 25
(5) This section has effect despite any provision of this Act or other 26
legislation or any other law (whether written or unwritten). 27
(6) In this section: 28
exercise of functions includes: 29
(a) the purported exercise of functions, and 30
(b) the non-exercise or improper exercise of functions, and 31
(c) the proposed, apprehended or threatened exercise of functions. 32
proceedings includes: 33
(a) proceedings for an order in the nature of prohibition, certiorari or 34
mandamus or for a declaration or injunction or for any other 35
relief, and 36
Page 10
Motor Sports (World Rally Championship) Bill 2009 Clause 21
Miscellaneous Part 4
(b)without limiting paragraph (a), proceedings in the exercise of the 1
inherent jurisdiction of the Supreme Court or the jurisdiction 2
conferred by section 23 of the Supreme Court Act 1970, 3
but does not include any investigation or proceedings under the 4
Independent Commission Against Corruption Act 1988. 5
21 Offences by corporations 6
(1) If a corporation contravenes, whether by act or omission, any provision 7
of this Act or the regulations, each person who is a director of the 8
corporation, or who is concerned in the management of the corporation, 9
is taken to have contravened the same provision if the person knowingly 10
authorised or permitted the contravention. 11
(2) A person may be proceeded against and convicted under a provision 12
pursuant to subsection (1) whether or not the corporation has been 13
proceeded against or has been convicted under the provision. 14
(3) Nothing in this section affects any liability imposed on a corporation for 15
an offence committed by the corporation under this Act or the 16
regulations. 17
22 Proceedings for offences 18
(1) Proceedings for an offence against this Act or the regulations may be 19
dealt with: 20
(a) summarily before a Local Court, or 21
(b) summarily before the Supreme Court in its summary jurisdiction. 22
(2) If proceedings are brought in a Local Court, the maximum monetary 23
penalty that the Local Court may impose for the offence is 100 penalty 24
units despite any higher maximum monetary penalty provided in 25
respect of the offence. 26
23 Authority to institute proceedings 27
(1) Proceedings for an offence against this Act or the regulations may be 28
instituted by a person only with the consent of the Minister. 29
(2) The following proceedings may only be instituted by, or with the 30
authority of, the Environment Protection Authority if they relate to, or 31
arise out of, the conduct of a rally event: 32
(a) proceedings under sections 219, 252 and 253 of the Protection of 33
the Environment Operations Act 1997, 34
(b) proceedings referred to in section 20 (2) of the Land and 35
Environment Court Act 1979 that relate to the Protection of the 36
Environment Operations Act 1997. 37
Page 11
Clause 24 Motor Sports (World Rally Championship) Bill 2009
Part 4 Miscellaneous
24 Regulations 1
(1) The Governor may make regulations, not inconsistent with this Act, for 2
or with respect to any matter that by this Act is required or permitted to 3
be prescribed or that is necessary or convenient to be prescribed for 4
carrying out or giving effect to this Act. 5
(2) The regulations may contain provisions of a savings or transitional 6
nature consequent on the enactment of this Act. 7
(3) The regulations may create an offence punishable by a maximum 8
penalty of 50 penalty units. 9
25 Review of Act 10
(1) The Minister is to review this Act to determine whether the policy 11
objectives of the Act remain valid and whether the terms of the Act 12
remain appropriate for securing those objectives. 13
(2) The review is to be undertaken as soon as possible after the period of 5 14
years from the date of assent to this Act. 15
(3) A report on the outcome of the review is to be tabled in each House of 16
Parliament within 12 months after the end of the period of 5 years. 17
Page 12
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