South Australian Motor Sport Act 1984 (SA)

South Australia South Australian Motor Sport Act 1984 An Act to establish the South Australian Motor Sport Board, to facilitate the promotion of motor sport events in the State; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—South Australian Motor Sport Board 4 Establishment of Board 5 Membership of Board 6 Term and conditions of office 7 Remuneration 8 Functions of Board 9 Delegation 9A Procedures of Board 9B Committees 10AA Non-application of Government Business Enterprises (Competition) Act 1996 11 Board may control and charge fee for filming etc from outside circuit 12 Dealings with moneys of the Board 13 Power to borrow 14 Accounts and audit 15 Reports 16 Chief Executive 17 Staffing arrangements Part 3—Special provisions relating to motor sport events 20 Minister may make certain declarations 21 Board to have care, control etc of declared area for relevant declared period 22 Board to have power to enter and carry out works etc on declared area 23 Board to consult and take into account representations of persons affected by operations 24 Certain land taken to be lawfully occupied by Board 25 Non-application of certain laws 26 Plans of proposed works to be available for public inspection 27 Power to remove vehicles left unattended within declared area Part 3A—Removal of certain restrictions relating to the sale and consumption of liquor 27A Interpretation 27AB Application of sections 27B and 27C 27B Removal of certain restrictions relating to sale and consumption of liquor 27C Control of noise etc during prescribed period Part 3B—Reporting 27D Board to report on ticket sales etc for motor sport events Part 4—Miscellaneous 28 Board may conduct activities under other name 28AA Declaration of official titles 28A Special proprietary interests 28B Seizure and forfeiture of goods 29 Transfer of property 30 Regulations Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the South Australian Motor Sport Act 1984. 3—Interpretation (1) In this Act, unless the contrary intention appears— Adelaide means the City of Adelaide and includes any adjoining local government area; Board means the South Australian Motor Sport Board established under Part 2; declared area means an area declared by the Minister by notice under Part 3 to be a declared area under this Act; declared period means a period declared by the Minister by notice under Part 3 to be a declared period under this Act; employing authority means the person designated by proclamation as being the employing authority for the purposes of this definition; the graphic standards manual means a document adopted by the Board as the graphic standards manual and lodged at the General Registry Office; logo means a design (the copyright of which is vested in the Crown in right of the State) that is declared in the graphic standards manual to be a logo; official insignia means a logo, an official symbol or an official title; official symbol means a combination of a logo and an official title; official title means a name, title or expression that is declared to be an official title by or under section 28AA; promote, in relation to an event or activity, includes organise or conduct; public road means any road, street or thoroughfare (including any carriageway, footpath, dividing strip and traffic island) commonly used by the public or to which the public are permitted access; relevant council, in relation to a declared area, means a council the area of which includes the declared area or part of the declared area. (2) For the purposes of this Act, goods will be taken to be marked with official insignia if such insignia are affixed or annexed to, marked on, or incorporated in or with— (a) the goods; or (b) any covering or container in which the goods are wholly or partly enclosed; or (c) anything placed in or attached to any such covering or container; or (d) anything that is attached to the goods or around which the goods are wrapped or wound. (3) For the purposes of this Act, a motor sport event means a motor racing or other motor sport event and includes an event or activity associated with a motor sport event. (4) A proclamation made for the purposes of the definition of employing authority may apply by reference to a specified person, or by reference to the person for the time being holding or acting in a specified office or position. Part 2—South Australian Motor Sport Board 4—Establishment of Board (1) The South Australian Motor Sport Board is established. (2) The Board— (a) is a body corporate with perpetual succession and a common seal; and (b) is capable in its corporate name of acquiring, holding and disposing of real and personal property; and (c) is capable of acquiring or incurring any other rights or liabilities, and of suing and being sued; and (d) holds its property on behalf of the Crown. (3) If a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the common seal of the Board was duly affixed to the document. (4) The Board is subject to the general control and direction of the Minister. 5—Membership of Board (1) The Board consists of up to 9 members appointed by the Governor on the nomination of the Minister. (2) In nominating persons for appointment to the Board, the Minister should endeavour to achieve gender equality on the Board. (3) The Governor may appoint 1 member of the Board to be the presiding member and another member to be the deputy presiding member of the Board. (4) The Governor may appoint a suitable person nominated by the Minister to be a deputy of a member and a person so appointed may act as a member of the Board in the absence of that member. (5) An act or decision of the Board is not invalid by reason only of a vacancy in its membership. 6—Term and conditions of office (1) A member of the Board will be appointed for a term, and on such conditions, determined by the Governor. (2) A member will, on the expiration of their term of office, be eligible for reappointment. (3) The Governor may remove a member from office for— (a) mental or physical incapacity to carry out satisfactorily the duties of office; or (b) neglect of duty; or (c) dishonourable conduct; or (d) any other cause considered sufficient by the Governor. (4) The office of a member becomes vacant if the member— (a) dies; or (b) resigns by written notice addressed to the Minister; or (c) is removed by the Governor under subsection (3). (5) On the office of a member becoming vacant, a person may be appointed in accordance with this Act to the vacant office. 7—Remuneration A member of the Board is entitled to remuneration, allowances and expenses determined by the Governor. 8—Functions of Board (1) The functions of the Board are— (a) to negotiate and enter into agreements on behalf of the State under which motor sport events, whether promoted by the Board or by some other person approved by the Minister, are held in the State; and (b) to undertake on behalf of the State the promotion of motor sport events; and (c) to do all things necessary for or in connection with the conduct and financial and commercial management of each event promoted by the Board; and (d) to provide advisory, consultancy, management or other services to promoters or other persons associated with the conduct of sporting, entertainment or other special events or projects, whether within or outside the State; and (e) such other functions as may be assigned to the Board by or under this Act or by the Minister. (2) In performing its functions, the Board may do any or all of the following: (a) establish a motor racing circuit on a temporary basis; (b) as provided by this Act, assume the care, control, management and use of public roads and parklands on a temporary basis; (c) carry out works for the construction, alteration or removal of public or other roads, track, grandstands, fencing, barriers and other buildings and structures; (d) carry on any advertising and promotional activities; (e) regulate and control admission to any event and charge and collect fees for admission to any such event; (f) grant for fee or other consideration advertising or sponsorship rights or any other rights, licences or concessions in connection with events; (g) publish or produce books, programmes, brochures, films, souvenirs and other things relating to events; (h) sell or supply food and drink (including alcoholic beverages), books, programmes, brochures, films, souvenirs and other things in connection with events; (i) restrict, control and make charges for the use of official insignia; (j) take out policies of insurance in its own right or on behalf of the State; (k) acquire and hold any licence under any other Act; (l) acquire, hold, deal with and dispose of any personal property; (m) form, or acquire, hold, deal with and dispose of shares or other interests in, or securities issued by, bodies corporate, whether within or outside the State; (n) enter into any partnership or joint venture arrangement, appoint any agent, or enter into any other contract or arrangement with another person, whether within or outside the State; (o) accept money or other things, whether from the State, a State instrumentality or any other person, provided or given to the Board for the performance of its functions; (p) act as trustee on behalf of any other person in connection with the performance of its functions under this Act; (q) enter into any agreement or arrangement of a kind not previously mentioned in this subsection or acquire or incur any other rights or liabilities; (r) do any other thing that is necessary or expedient for, or incidental to, the performance of its functions. (3) No contract or agreement entered into by a person acting or purporting to act as agent of the Board is binding on the Board unless ratified by the Board (however, to avoid doubt, nothing in this section requires a contract or agreement entered by a person in accordance with a delegation under section 9 to be so ratified before it is binding on the Board). 9—Delegation (1) The Board may delegate a function of the Board under this Act— (a) to a specified person or body (who may, but need not, be a member of the Board); or (b) to a person for the time being occupying a specified office or position. (2) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) A delegation— (a) must be made by instrument in writing; and (b) may be made subject to conditions specified in the instrument of delegation; and (c) is revocable at will and does not prevent the delegator from acting in a matter. 9A—Procedures of Board (1) Subject to this Act, a quorum of the Board consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1. (2) A decision carried by the votes of a majority of the members present at a meeting of the Board is a decision of the Board. (3) The presiding member will preside at a meeting of the Board and, in the absence of that person, or, in that member's absence, by the deputy presiding member (if any) and, in the absence of both the presiding member and the deputy presiding member (if any), the members present at a meeting of the Board must choose 1 of their number to preside at the meeting. (4) A decision carried by a majority of the votes cast by members of the Board at a meeting is a decision of the Board. (5) Each member present at a meeting of the Board has 1 vote on any question arising for decision (and the member presiding at the meeting will have a casting vote if the votes are equal). (6) A conference by telephone or other electronic means between the members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Board for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (7) A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if— (a) notice of the proposed resolution is given to all members of the Board in accordance with procedures determined by the Board; and (b) a majority of the members express concurrence in the proposed resolution by letter, email or other written communication setting out the terms of the resolution. (8) The Board must have accurate minutes kept of its proceedings at meetings. (9) Subject to this Act, the Board may determine its own procedures. 9B—Committees (1) The Board may, with the approval of the Minister, establish committees— (a) to advise the Board; or (b) to carry out functions on behalf of the Board. (2) The membership of a committee will be determined by the Board and may, but need not, consist of, or include, members of the Board. (3) The Board will determine who will be the presiding member of a committee. (4) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as determined by the Board; and (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. 10AA—Non-application of Government Business Enterprises (Competition) Act 1996 The Government Business Enterprises (Competition) Act 1996 does not apply to the Board, or to any activity of the Board, in relation to a function of the Board under this Act. 11—Board may control and charge fee for filming etc from outside circuit (1) Except with the consent of the Board, no person is entitled to make, for the purpose of profit or gain, at or from a place outside a circuit at which a motor sport event promoted by the Board takes place, any sound recording or television or other recording of moving pictures of the event or any part of the event. (2) The Board may, if it thinks fit, charge a fee for giving its consent under subsection (1), being a fee of the prescribed amount or such other amount as the Board may fix in a particular case. (3) If a person makes a recording as referred to in subsection (1) without the consent of the Board, the Board may recover, as a debt due to the Board, by proceedings in any court of competent jurisdiction, the fee of a prescribed amount referred to in subsection (2). 12—Dealings with moneys of the Board (1) The Board may establish and operate ADI accounts. (2) Any money of the Board that is not immediately required for the purposes of the Board may be invested in a manner approved by the Treasurer. (3) Except as authorised by the Treasurer, no money may be expended by the Board except in accordance with a budget approved by the Treasurer. 13—Power to borrow (1) The Board may, for the purposes of this Act, borrow money from the Treasurer, or, with the consent of the Treasurer, from any other person. (2) A liability incurred by the Board under subsection (1) with the consent of the Treasurer is guaranteed by the Treasurer. (3) A liability of the Treasurer under a guarantee arising by virtue of subsection (2) is to be satisfied out of the Consolidated Account, which is appropriated by this section to the necessary extent. 14—Accounts and audit (1) The Board must cause proper accounting records to be kept in relation to its financial affairs, and must have annual statements of account prepared in respect of each financial year. (2) The accounting records and statements of account must comply with— (a) any instructions of the Treasurer under section 41 of the Public Finance and Audit Act 1987; and (b) any other further requirements imposed by the Auditor‑General. (3) The Auditor‑General may at any time audit the accounts of the Board and must audit the annual statements of account. 15—Reports (1) The Board may, on or before 30 September in every year, forward to the Minister a report on the work and operations of the Board for the financial year ending on the preceding 30 June. (2) The report must incorporate the audited statement of accounts of the Board for the period to which the report relates. (3) The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament. 16—Chief Executive (1) There will be a Chief Executive of the Board. (2) The Governor may designate a Public Service employee as the Chief Executive or, as the Governor thinks fit, appoint a person who is not a Public Service employee to be the Chief Executive on terms and conditions determined by the Governor. 17—Staffing arrangements (1) The employing authority may employ staff to perform functions in connection with the operations or activities of the Board. (2) The terms and conditions of employment of a person under subsection (1) will be determined by the employing authority. (3) A person employed under this section will be taken to be employed by or on behalf of the Crown but not as a Public Service employee. (4) The employing authority may direct a person employed under this section to perform functions in connection with the operations or activities of a public sector agency specified by the employing authority (and the person must comply with that direction). (5) The employing authority is, in acting under this section, subject to direction by the Minister and must not employ a person for the purposes of this Act except under an approval of the Minister. (6) However, no Ministerial direction may be given by the Minister relating to the transfer, remuneration, discipline or termination of a particular person. (7) The employing authority may delegate a power or function under this section. (8) A delegation under subsection (7)— (a) must be by instrument in writing; and (b) may be made to a body or person (including a person for the time being holding or acting in a specified office or position); and (c) may be unconditional or subject to conditions; and (d) may, if the instrument of delegation so provides, allow for the further delegation of a power or function that has been delegated; and (e) does not derogate from the power of the employing authority to act personally in any matter; and (f) may be revoked at any time by the employing authority. (9) A change in the person who constitutes the employing authority under this Act will not affect the continuity of employment of a person under this section. (10) The Board must, at the direction of the Minister, the Treasurer or the employing authority, make payments with respect to any matter arising in connection with the employment of a person under this Act (including, but not limited to, payments with respect to salary or other aspects of remuneration, leave entitlements, superannuation contributions, taxation liabilities, workers compensation payments, termination payments, public liability insurance and vicarious liabilities). (11) The Board does not have the power to employ any person. (12) The Board may, under an arrangement established by the Minister administering an administrative unit, make use of the services or staff of that administrative unit. (13) In this section— public sector agency has the same meaning as in the Public Sector Act 2009. Part 3—Special provisions relating to motor sport events 20—Minister may make certain declarations (1) The Minister may, after consultation with the Board, in respect of a motor sport event, by notice in the Gazette, declare— (a) a specified area (whether in or outside of Adelaide, and whether or not consisting of or including public roads or parkland or both) to be a declared area under this Act for the purposes of the event; and (b) a specified period (not exceeding five days) to be a declared period under this Act for the purposes of the event; and (c) a specified period or periods (prescribed works periods) under this Act during which the Board may have access to land within a declared area for the purposes of carrying out works in the manner contemplated by section 22 (and different periods may be specified in respect of different categories of work). (4) The Minister must not make a declaration under this section unless or until the Minister has consulted with— (a) the Minister for the time being administering the Adelaide Park Lands Act 2005; and (b) any relevant council; and (c) the Adelaide Park Lands Authority. 21—Board to have care, control etc of declared area for relevant declared period (1) The care, control, management and use of the land comprising a declared area for a motor sport event vests in the Board for the declared period for that event and the rights or interests of any other person in or in relation to the land are suspended for the declared period. (2) Land within the declared area that is public road ceases to be public road for the declared period but will, on the expiration of the declared period, revert to public road. (2a) However, if during the declared period the Board opens a road within the declared area to ordinary pedestrian and vehicular traffic the road is, while so open, a public road. (3) The provisions of this section have effect despite the provisions of any other Act or law. 22—Board to have power to enter and carry out works etc on declared area (1) Subject to this section, the Board may for the purposes of this Act have access to the land comprising a declared area for a motor sport event and may carry out any works and do any other things on the land that are reasonably necessary for or incidental to the performance of its functions. (1a) Subject to subsection (2), the access that the Board may have under subsection (1) during a prescribed works period is, with respect to any relevant category of work, free and unrestricted. (2) The Board must, in exercising its powers under this section during a prescribed works period with respect to any relevant category of work, comply with— (a) any terms and conditions from time to time agreed by the Board with any relevant council or any person having a right of occupation of the land or any part of the land; or (b) failing such agreement in relation to any particular matter, any terms and conditions determined by the Minister. (2a) The Board must, in exercising its powers under this section with respect to any matter that is outside the ambit of subsection (1a), comply with— (a) subject to paragraph (b), any conditions determined by a relevant council or any person having a right of occupation of the land or any part of the land; or (b) if the Minister considers, on application by the Board, that a condition under paragraph (a) is unreasonable—any conditions determined by the Minister. (3) The terms and conditions that may be the subject of agreement or determination under subsections (2) and (2a) include (without limiting the generality of those subsections) terms and conditions— (a) that limit or prevent any unnecessary or reasonably avoidable interference with or damage to the land or anything growing on or built on the land; (b) that limit or prevent any unnecessary or reasonably avoidable interference with any activity that may be lawfully carried on on the land; (c) that provide for reimbursement of costs or expenses that may be incurred by any relevant council; (d) that provide for fair and reasonable compensation for any damage or loss that may be suffered by any person having a right of occupation of any part of the land; (e) without limiting a preceding paragraph, that provide for the management, protection or rehabilitation of land (including land outside the declared area that may be affected by the Board's activities). (4) The Minister must, before making a determination under this section, consult with— (a) any relevant council; and (b) the Board. (5) The Environment, Resources and Development Court may, on application by— (a) any relevant council; or (b) any person having a right of occupation of the land or any part of the land; or (c) the Adelaide Park Lands Authority, restrain a breach of this section. (6) The Board must also comply with any direction (including a specific direction) of the Minister— (a) to ensure compliance with this section; or (b) to rectify any matter that, in the opinion of the Minister, constitutes a breach of this section. 23—Board to consult and take into account representations of persons affected by operations (1) The Board must, in performing its functions— (a) take all reasonable steps to consult with— (i) any relevant council or any person having a right of occupation of land within a declared area; or (ii) any person occupying land immediately adjacent to a declared area; or (iii) any other person whose business or financial interests might, in the opinion of the Board, be adversely affected by the operations of the Board; and (b) take into account and, to such extent as is reasonably consistent with the performance of its functions, give effect to any representations made by any such person. (2) The duties imposed by subsection (1) do not give rise to any cause or right of action against or any liability in the Board. 24—Certain land taken to be lawfully occupied by Board (1) The whole or any part of the land comprising a declared area for a motor sport event may be fenced or cordoned off by the Board for the whole or any part of the declared period for that event. (2) The Board may, if it is reasonably necessary for or incidental to the performance of its functions, fence or cordon off a part of a declared area for a period not falling within the relevant declared period. (3) Land comprising or included within a declared area that is fenced or cordoned off by the Board will, while it is so fenced or cordoned off, be taken to be in the lawful occupation of the Board. (4) The Board must, with respect to the operation of subsection (2), comply with any requirement that applies under section 22. 25—Non-application of certain laws (1) The following Acts or laws do not apply to or in relation to a declared area for a motor sport event during the declared period for that event: (a) the Environment Protection Act 1993; (b) any regulations or by-laws made under the Local Government Act 1934 or the Local Government Act 1999. (1a) The provisions of the Road Traffic Act 1961, the Motor Vehicles Act 1959 and Part 3 Division 6 of the Criminal Law Consolidation Act 1935 do not apply to or in relation to a vehicle or its driver while the vehicle is being driven in a motor sport event within the declared area and during the declared period for the event. (2) The provisions of the Planning, Development and Infrastructure Act 2016 do not apply to or in relation to any works carried out or activity engaged in by or with the approval of the Board within a declared area. (3) No activity carried on by or with the permission of the Board within a declared area for a motor sport event during the declared period for that event will constitute a nuisance. 26—Plans of proposed works to be available for public inspection The Board must cause copies of the plans of all works proposed to be carried out by the Board to be available for public inspection at a place designated by the Minister by notice published in the Gazette. 27—Power to remove vehicles left unattended within declared area (1) If a vehicle is left unattended within a declared area for a motor sport event during the declared period for that event, a police officer may, or must, at the request of a person acting on behalf of the Board, remove the vehicle to any convenient place and for that purpose may enter the vehicle and drive it, or arrange for it to be driven or towed away. (2) If a vehicle is removed under subsection (1), section 86 of the Road Traffic Act 1961 applies as if the vehicle had been removed under subsection (1) of that section. Part 3A—Removal of certain restrictions relating to the sale and consumption of liquor 27A—Interpretation In this Part— (a) prescribed period means a period commencing 24 hours before the commencement of a declared period and ending 24 hours after the end of that period; senior police officer means a police officer of or above the rank of inspector; and (b) terms defined by the Liquor Licensing Act 1997 have the meanings assigned by that Act; and (c) a reference to a licence of a particular class is a reference to a licence of that class under the Liquor Licensing Act 1997. 27AB—Application of sections 27B and 27C (1) The Minister may, by notice in the Gazette, declare that sections 27B and 27C— (a) do not apply in relation to a motor sport event specified in the notice; or (b) apply in relation to a motor sport event specified in the notice but only— (i) with respect to licensed premises within the area, or areas, specified in the notice; or (ii) during the part, or parts, of the prescribed period specified in the notice, and any such notice will have effect according to its terms. (3) The Minister must, before making or varying a notice under this section, consult with— (a) the Board; and (b) the Commissioner of Police; and (c) the Liquor and Gambling Commissioner. 27B—Removal of certain restrictions relating to sale and consumption of liquor (1) Subject to this Part, the following provisions apply during a prescribed period despite the provisions of the Liquor Licensing Act 1997 and the terms and conditions of a licence under that Act: (a) the days on which and the hours during which liquor may be sold and consumed pursuant to a general and hotel licence, on premises licence, restaurant and catering licence, club licence, packaged liquor sales licence or residential licence are unrestricted. (2) A condition imposed on a licence by a licensing authority restricting the days on which, or the hours during which, liquor may be sold and consumed pursuant to the licence continues to have effect. 27C—Control of noise etc during prescribed period (1) Subject to this Part, if, during a prescribed period— (a) any activity on, or the noise emanating from, premises in respect of which a general and hotel licence, on premises licence, club licence or packaged liquor sales licence is in force; or (b) the behaviour of persons making their way to or from such premises, is, in the opinion of a senior police officer, unduly offensive, annoying, disturbing or inconvenient to any person who resides, works or worships in the vicinity of the licensed premises, the officer may issue directions prohibiting the activity, behaviour or noise or directing that the level of noise be reduced. (2) A direction— (a) may be oral or in writing and may be issued to the licensee, the manager of the licensed premises or patrons of the business conducted at those premises; and (b) operates only during the prescribed period in which it was issued; and (c) may be revoked or varied at any time. (3) A person who contravenes or fails to comply with a direction under this section is guilty of an offence. Maximum penalty: $5 000. Part 3B—Reporting 27D—Board to report on ticket sales etc for motor sport events (1) The Board must, in relation to each motor sport event promoted by the Board, or in relation to which the Board performs functions under this Act, prepare and provide to the Minister a report setting out— (a) the total attendance at the motor sport event; and (b) any other information required by the regulations. (2) The report must be completed and provided to the Minister within 3 months after the completion of the motor sport event. (3) The Minister must cause a copy of the report to be laid before both Houses of Parliament within 6 sitting days after receiving the report. Part 4—Miscellaneous 28—Board may conduct activities under other name The Board may, if it so determines, conduct its activities or any part of its activities not under the name the South Australian Motor Sport Board but under— (a) the name "Adelaide 500 Board"; or (b) the name "Sensational Adelaide 500 Board"; or (c) any other name prescribed by regulation. 28AA—Declaration of official titles (1) The following are declared to be official titles for the purposes of this Act (whether appearing or used in full or abbreviated form or alone or in combination with other words or symbols): (a) the expressions "Adelaide 500", "Sensational Adelaide 500", "Classic Adelaide" and "Race to the Eagle" where the expressions ca