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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Mount Panorama Motor Racing
Amendment Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Mount Panorama Motor Racing Act 1989
No 108 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Mount Panorama Motor Racing
Amendment Bill 2006
Act No , 2006
An Act to amend the Mount Panorama Motor Racing Act 1989 to make further
provision with respect to the holding of meetings for motor racing; and for other
purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Mount Panorama Motor Racing Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Mount Panorama Motor Racing Amendment Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Mount Panorama Motor Racing Act 1989 No 108
The Mount Panorama Motor Racing Act 1989 is amended as set out in
Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Mount Panorama Motor Racing Amendment Bill 2006
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3 Definitions
Omit "City" from the definition of Council. Insert instead "Regional".
[2] Section 3
Insert in alphabetical order:
exercise a function includes perform a duty.
function includes a power, authority or duty.
public safety report means a report issued by the Commissioner
of Police under section 12B.
race track means any part of a road or road related area within the
Mount Panorama Circuit that is used for motor racing, and
includes:
(a) pit areas, and
(b) run-off areas, and
(c) any other area within the Mount Panorama Circuit
prescribed by the regulations.
[3] Section 3, definition of "Mount Panorama Circuit"
Omit "City of Bathurst".
Insert instead "local government area of Bathurst Regional".
[4] Section 4 Designation of Mount Panorama Circuit
Omit "the whole, or part, of" from section 4 (1).
[5] Section 5 Permits for conduct of specified motor racing meetings
Omit "2 meetings" from section 5 (4). Insert instead "5 meetings".
[6] Section 5 (5)
Insert after section 5 (4):
(5) Subject to subsection (4), the Minister may issue a single permit
authorising the holding of one or more meetings for motor racing
and associated events.
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Mount Panorama Motor Racing Amendment Bill 2006
Schedule 1 Amendments
[7] Section 6 Conditions of permits generally
Omit section 6 (1) (b). Insert instead:
(b) the condition that the Council must not hold or authorise
the holding of a meeting for motor racing or associated
events (including events not connected with motor racing)
under the permit unless a public safety report has been
issued under section 12B (1) (a) or (b) in relation to the
meeting or event, and the meeting or event is held in
accordance with such conditions (if any) relating to public
safety as are specified in the report, and
[8] Section 6 (2) (e)
Insert at the end of section 6 (2) (d):
, and
(e) the sanctioning or endorsement by specified persons,
bodies or organisations of the holding of meetings for
motor racing and associated events.
[9] Part 2B
Insert after Part 2A:
Part 2B Regulation of conduct on race track
8B Definition
In this Part:
authorised person means any of the following:
(a) a police officer,
(b) a person who is a member of staff of the Department of the
Arts, Sport and Recreation authorised for the purposes of
this Part by the Director-General of the Department,
(c) a person who is a competitor in the meeting or event,
(d) a person who is engaged in the control or management of
the meeting or event,
(e) a person (or a member of a class of persons) authorised for
the purposes of this Part by the Council,
(f) a person (or a member of a class of persons) prescribed by
the regulations,
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Mount Panorama Motor Racing Amendment Bill 2006
Amendments Schedule 1
(g) a person (or a member of a class of persons) authorised by
a person referred to in paragraph (a), (b), (c), (d), (e) or (f).
8C Race track invasions prohibited
A person (other than an authorised person) must not, without
reasonable excuse, enter or remain on the race track on a day
specified in a permit for the holding of a meeting for motor racing
or an associated event.
Maximum penalty: 100 penalty units.
8D Race track not to be interfered with
A person (other than an authorised person) must not cause or
permit any substance or thing to be placed on, or applied to, the
race track on a day specified in a permit for the holding of a
meeting for motor racing or an associated event if the placement
or application of the substance or thing creates a risk to the safety
of a competitor or other authorised person.
Maximum penalty: 100 penalty units.
[10] Section 10 Advisory Committee
Omit "the Police Force" from section 10 (4) (b). Insert instead "NSW Police".
[11] Section 10 (4) (c)
Omit "Department of Sport, Recreation and Racing".
Insert instead "Department of the Arts, Sport and Recreation".
[12] Sections 12A and 12B
Insert after section 12:
12A Delegation
The Minister may delegate the exercise of any function of the
Minister under this Act or the regulations (other than this power
of delegation) to:
(a) the Director-General of the Department of the Arts, Sport
and Recreation, or
(b) the General Manager, Sport and Recreation, Department
of the Arts, Sport and Recreation or such other member of
staff of that Department as may be prescribed by the
regulations instead of the General Manager.
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Mount Panorama Motor Racing Amendment Bill 2006
Schedule 1 Amendments
12B Public safety reports
(1) The Commissioner of Police may, if the Commissioner is
satisfied that a member of NSW Police has conducted a public
safety inspection of the race track, issue a public safety report
stating that, in the opinion of the Commissioner:
(a) the race track is safe for the holding of the meeting for
motor racing specified in the report without the need for
any further action, or
(b) the race track will be safe for the holding of the meeting for
motor racing specified in the report only if the meeting is
held in accordance with such conditions relating to public
safety as are specified in the report, or
(c) the race track is not safe for the holding of the meeting for
motor racing specified in the report.
(2) Without limiting subsection (1) (b), a report may include
conditions relating to measures to be taken for the health, safety
and convenience of the public or competitors or other persons at
or near the race track or on any other part of the Mount Panorama
Circuit.
(3) A report issued under this section must include the following:
(a) the date on which the public safety inspection was carried
out,
(b) a statement of an opinion referred to in subsection (1) (a),
(b) or (c),
(c) in the case of a report stating the opinion referred to in
subsection (1) (b)--the conditions relating to public safety
to which the report is subject.
(4) If the Commissioner of Police issues a report under this section,
the Commissioner is to cause a copy of the report to be sent to
both the Minister and the Council no later than one month before
the event in respect of which the report is issued.
[13] Section 14 Proceedings for offences
Omit "the regulations" wherever occurring in section 14 (1) and (2).
Insert instead "this Act or the regulations".
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Mount Panorama Motor Racing Amendment Bill 2006
Amendments Schedule 1
[14] Section 15 Regulations
Omit "5 penalty units" from section 15 (4). Insert instead "20 penalty units".
[15] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Mount Panorama Motor Racing Amendment Act 2006
Page 7
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