Victorian Consolidated Legislation

Australian Grands Prix Act 1994 - SECT 30

Corporation to manage declared area during race period

30. Corporation to manage declared area during race period



(1) The Corporation must manage and control the declared area in respect of a
year for the race period in respect of that year.

(2) The powers of the committee of management in respect of the declared area
in respect of a year must not be exercised during the race period in respect
of that year except with the consent of the Corporation.





(3) Despite subsection (1), a person who, but for subsection (4), would have a
right to carry on a business in premises in the declared area in respect of a
year during the race period in respect of that year, being premises in respect
of which the person has a right of occupation, may, during that race period,
carry on that business-

   (a)  to the extent, and in accordance with the conditions, that the
        Corporation, after consultation with the committee of management,
        approves; or

   (b)  in the event of a dispute, to the extent, and in accordance with the
        conditions, that the Minister approves.

(4) The rights and interests of any person, other than the Corporation, in
relation to the declared area in respect of a year are suspended for the race
period in respect of that year, except as provided in subsection (3).

(5) If the right of a person under a lease, licence or other agreement granted
or entered into before the commencement of this section to carry on a business
in premises in Albert Park is suspended by the operation of this section
during the race period in respect of a year, the person is entitled to the
payment of an amount of compensation by the Corporation calculated in
accordance with the formula where-

A is the part of the person's profits from that business in respect of the
financial year ended on 30 June 1994 that is certified by an auditor approved
by the Corporation and that person as being the part attributable to the days
in that financial year corresponding to the race period;

B is the latest average weekly earnings as at the 15th day of the month ("the
relevant month") preceding the month in which the race period, or any part of
the race period, falls of all employees in Victoria published by the
Australian Statistician in respect of the latest available quarter before the
race period;

C is the average weekly earnings of all employees for Victoria as at the 15th
day of the relevant month in the financial year ended on 30 June 1994
published by the Australian statistician in respect of the quarter before that
relevant month corresponding to the quarter referred to above.

(6) Subsections (3) and (4) do not give rise to any cause or right of action
against, or any liability in, the Corporation, except as provided in
subsection (5).