QueenslandMotorRacingEventsAct1990Current as at 10
February2014Reprint noteThis is the last
reprint before repeal. Repealed on 1 January 2015 by 2014Act
No. 60 s 85.
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QueenslandMotor Racing
Events Act 1990ContentsPart 1122A34Part 1A55A5B5C5D5E5F5G5HPart
2678910111213PagePreliminaryShort title . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .5Definitions. . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .5References in Act . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .5Goods taken to be marked with official
motor racing insignia . . .6Meaning of motor racing event . . . . . . . . . . . . . . . . . . . . . . . . . . .7Provisions
about proposed
declared areaDeclaration
of proposed
declared area
. . . . . . . . . . . . . . . . . . . .7State may enter and construct on public land . . . . . . . . . . . . . . .7Access to public land for maintenance of works. . . . . . . . . . . . . .8State may enter and construct on private land . . . . . . . . . . . . . . .8Access to private land for maintenance of works . . . . . . . . . . . . .9Registrar to maintain records of agreement relating
to privateland. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.9Terms and conditions of agreement . .
. . . . . . . . . . . . . . . . . . . . .10Certain Acts and laws not to apply . . . . .
. . . . . . . . . . . . . . . . . . .11Directions by Minister . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .11Provisions relating to establishment of
circuit and conductof racesPromoter to have care, control etc. of
declared area . . . . . . . . . .11Promoter to have power to enter and carry
out works . . . . . . . . .12Promoter to make good damage, restore etc.
land . . . . . . . . . . .13Promoter to
consult and take into account representations ofpersons affected by operations. . . . . . . . . . . . . . . . . . . . . . . . . .14Fencing or cordoning off of certain land by
promoter . . . . . . . . . .15Fenced or cordoned off land is lawfully
occupied by promoter. . .15Certain Acts and
laws not to apply . . . . . . . . . . . . . . . . . . . . . . .
.15Plans of proposed works to be
available for public inspection . . .16
Motor
Racing Events Act 1990Part 1 Preliminary[s 1]Motor
Racing Events Act 1990[as amended by all amendments that
commenced on or before 10 February2014]An Act
to provide for the appointment of promoters of motorracing
events in Queensland, and to facilitate the constructionof
works for, and the staging of, the events in QueenslandPart
1Preliminary1Short
titleThis Act may be cited as theMotor Racing Events Act 1990.2DefinitionsThe dictionary
in the schedule defines particular words usedin this
Act.2AReferences in ActInaprovisionofthisActthatusestheexpression‘thepromoter’—(a)theexpressionreferstoanypersonwhoisdeclaredunder a regulation to be the promoter of a
motor racingevent for a year (therelevant motor
racing event); and(b)the
expression ‘the declared area’ refers to the declaredarea
for the relevant motor racing event; and(c)theexpression‘thedeclaredperiod’referstothedeclared period for the relevant motor
racing event; andCurrent as at 10 February 2014Page
5
Motor
Racing Events Act 1990Part 1 Preliminary[s 3](d)a reference to a motor racing event is
a reference to therelevant motor racing event; and(e)a reference to any year is a reference
to the year stated inthe regulation declaring the person to
be the promoter ofthe relevant motor racing event; and(f)a reference to an authorised person is
a reference to anauthorised person appointed by the promoter;
and(g)areferencetoofficialmotorracinginsigniaisareferencetoofficialmotorracinginsigniafortherelevant motor
racing event; and(h)a reference to a motor racing circuit
is a reference to themotor racing circuit for the relevant
motor racing event.Example for section 2A—Section 39(2) uses the expression ‘the
promoter’, and section 39(1)(a)(i)uses the
expression ‘the declared area’. Section 2A applies in relation
tosection 39 so that if a person is declared
under a regulation to be thepromoter of a
motor racing event, the reference to ‘the promoter’ is areference to that person, and the reference
to ‘the declared area’ is areference to the declared area for
that motor racing event.3Goods taken to be
marked with official motor racinginsigniaFor
the purposes of this Act, goods are taken to be markedwith
official motor racing insignia if such insignia are affixedor
annexed to, marked on, or incorporated in or with—(a)the goods; or(b)any
covering or container in which the goods are whollyor
partly enclosed; or(c)anything placed in or attached to any
such covering orcontainer; or(d)anything that is attached to the goods or
around whichthe goods are wrapped or wound.Page
6Current as at 10 February 2014
Motor
Racing Events Act 1990Part 1A Provisions about proposed
declared area[s 4]4Meaning ofmotor racing
eventAmotor racing eventis a motor car
race that takes place in adeclaredareaduringadeclaredperiodandincludesthefollowing held in conjunction or associated
with the race—(a)practice and qualifying
sessions;(b)parades and demonstrations;(c)other motor race and practice
sessions;(d)other activities, events and
promotions, whether or notinvolving motor racing.Part
1AProvisions about proposeddeclared area5Declaration of proposed declared area(1)TheMinistermay,bygazettenotice,declareanarea(aproposed declared area) that is
proposed to be the area for thestaging of a
motor racing event.(2)If the gazette notice identifies the
proposed declared area byreference to a map or plan, the notice
must state where and atwhattimesthemaporplanshowingtheproposeddeclaredarea
is to be available for public inspection.(3)AregulationunderthisActthatdeclaresanareatobeadeclared area
may, but need not, include some or all of theproposed
declared area in the declared area.(4)However, an area that is a proposed declared
area ceases to bea proposed declared area to the extent that
it forms part of adeclared area.5AState
may enter and construct on public land(1)The
State may enter any public land in a proposed declaredarea
to construct any works and perform other activities theCurrent as at 10 February 2014Page
7
Motor
Racing Events Act 1990Part 1A Provisions about proposed
declared area[s 5B]Minister
considers reasonably necessary for, or incidental to,preparingforthestagingofamotorracingeventintheproposed declared area.(2)The State may exercise its powers
under subsection (1)—(a)only with the
agreement of an entity that owns, occupiesor controls the
land; or(b)intheabsenceofagreementforanymatter—inaccordance with
the terms and conditions decided by theMinister.5BAccess to public land for maintenance
of works(1)This section applies—(a)after the construction of the works
mentioned in section5A(1) is completed; and(b)whetherornotthepubliclandmentionedinsection5A(1)isstillinaproposeddeclaredarea,orisinadeclared area.(2)An
entity identified by the Minister, by gazette notice, mayenter the land and perform activities
reasonably necessary forthe proper maintenance of the
works.(3)The entity may exercise its powers
under subsection (2)—(a)only with the
agreement of an entity that owns, controlsor occupies the
land; or(b)intheabsenceofagreementforanymatter—inaccordance with
the terms and conditions decided by theMinister.5CState may enter and construct on
private land(1)The State may enter any private land
in a proposed declaredarea to construct any works and
perform other activities theMinister
considers reasonably necessary for, or incidental to,preparingforthestagingofamotorracingeventintheproposed declared area.Page
8Current as at 10 February 2014
Motor
Racing Events Act 1990Part 1A Provisions about proposed
declared area[s 5D](2)The
State may exercise its powers under subsection (1), onlywith
the agreement of any person who owns or occupies theland.(3)However,ifanagreementundersubsection(2)iswithanowner of the land, the agreement runs with
the land and bindsany subsequent owner or occupier of the
land.5DAccess to private land for maintenance
of works(1)This section applies if—(a)after the construction of the works
mentioned in section5C(1) is completed; and(b)whetherornottheprivatelandmentionedinsection5C(1)isstillinaproposeddeclaredarea,orisinadeclared area.(2)An
entity identified by the Minister, by gazette notice, mayenter the land and perform activities
reasonably necessary forthe proper maintenance of the
works.(3)The entity may exercise its powers
under subsection (2) onlywith the agreement of any person who
owns or occupies theland.(4)However,ifanagreementundersubsection(3)iswithanowner of land, the agreement runs with the
land and binds anysubsequent owner or occupier of the
land.5ERegistrar to maintain records of
agreement relating toprivate land(1)The
chief executive must, within 14 days after an agreementis
entered into under section 5C or 5D, give written notice totheregistrarthattheagreementhasbeenenteredintoinrelation to specified private land.(2)The registrar must maintain records
that—(a)show that the land specified in the
notice is the subjectof an agreement; andCurrent as at 10 February 2014Page
9
Motor
Racing Events Act 1990Part 1A Provisions about proposed
declared area[s 5F](b)state the places where particulars of the
agreement maybe inspected.(3)The
registrar must maintain the records in a way that allows asearch of the register maintained by the
registrar under anyActrelatingtothelandtoshowtheexistenceoftheagreement.(4)The
chief executive must, within 14 days after an agreemententered into under section 5C or 5D ends,
give written noticeto the registrar that the agreement has
ended.(5)The registrar must, on receipt of a
notice under subsection (4),remove the
particulars of the agreement from the registrar’srecords.(6)In
this section—registrarmeans the
registrar of titles under theLand Title
Act1994.5FTerms and conditions of
agreementWithout limiting sections 5A to 5D, the
terms and conditionsthat may be the subject of an
agreement or a decision of theMinister may
include the following—(a)termsandconditionsthatlimitorpreventanyunnecessaryorreasonablyavoidableinterferencewithor
damage to the land in the proposed declared area;(b)termsandconditionsthatlimitorpreventanyunnecessaryorreasonablyavoidableinterferencewithanyactivitythatmaybelawfullycarriedonintheproposed
declared area;(c)termsandconditionsprovidingforreimbursementofproper costs or expenses that may be
incurred by a localgovernmentorpublicauthorityorotherowneroroccupier of the land in the proposed
declared area.Page 10Current as at 10
February 2014
Motor
Racing Events Act 1990Part 2 Provisions relating to
establishment of circuit and conduct of races[s 5G]5GCertain Acts and laws not to
apply(1)TheEnvironmental
Protection Act 1994does not apply to orin relation to
any noise from the construction or other activityauthorised under this part.(2)ExcepttotheextentthattheprovisionsoftheLocalGovernmentAct2009,theBuildingAct1975,theCoastalProtectionandManagementAct1995,theSustainablePlanning Act
2009and theLand Act
1994, chapter 3, part 1require
compliance with prescribed standards, the provisionsdonotapplytoorinrelationtotheconstructionorotheractivity
authorised under this part.(3)An
activity carried on by or under the direction of the State
forthe purposes of the construction or other
activity authorisedunder this part does not constitute a
nuisance.5HDirections by Minister(1)The Minister may give all directions
necessary or convenientfor the purpose of the exercise by the
State or another entity ofits powers under this part.(2)An entity mentioned in subsection (1)
given a direction underthe subsection must comply with the
direction and must notauthorise any act or omission contrary
to the direction.Part 2Provisions
relating toestablishment of circuit andconduct of races6Promoter to have care, control etc. of
declared area(1)Thecare,control,managementanduseofthepubliclandwithin the declared area for any year vests
in the promoter forthe declared period for that year and the
rights or interests ofCurrent as at 10 February2014Page
11
Motor
Racing Events Act 1990Part 2 Provisions relating to
establishment of circuit and conduct of races[s 7]anyotherpersoninorinrelationtothatpubliclandaresuspended for the declared period.(2)Any land within the declared area for
any year that is roadceases to be road—(a)for
the declared period for that year; and(b)for
any other period that the land is fenced or cordonedoff
by the promoter pursuant to this Act;but, upon the
expiration of that period, reverts to road.(3)Notwithstandingsubsections(1)and(2),ifthepromoteropensanylandwithinthedeclaredareaforthatyeartoordinarypedestrianandvehiculartrafficasaroadduringprescribed
times, the land while so open, is a road.(4)The
provisions of this section have effect notwithstanding theprovisions of any other Act or law.(5)Notwithstandingsubsection(2),forthepurposeoftheapplicationoftheTransportOperations(RoadUseManagement) Act 1995,
sections 79, 80 and 82, land referredto in subsection
(2) is road.7Promoter to have power to enter and
carry out works(1)Subject to this section, the promoter
for the purposes of thisAct has free and unrestricted access
to the land comprising thedeclared area for any year and may
carry out any works anddoanyotherthingsuponthelandthatarereasonablynecessaryfororincidentaltothepromotingofthemotorracing
event.(2)The promoter, in exercising its powers
under this section inrelation to public land within the
declared area, is to complywith—(a)any terms and conditions from time to
time agreed uponby the promoter with the relevant local
government oranypublicauthorityhavingcontrolover,orpersonhaving a right
of occupation of, the public land or anypart of the
public land; orPage 12Current as at 10
February 2014
Motor
Racing Events Act 1990Part 2 Provisions relating to
establishment of circuit and conduct of races[s 8](b)failingsuchagreementinrelationtoanyparticularmatter,anytermsandconditionsdeterminedbytheMinister.(3)The
promoter, in exercising its powers under this section inrelation to private land within the declared
area, is to complywith—(a)any
terms and conditions from time to time agreed uponbythepromoterwiththeregisteredproprietororthelessee (as the case may be) or any
person having a rightofoccupationoftheprivatelandoranypartoftheprivate land;
or(b)failingsuchagreementinrelationtoanyparticularmatter,anytermsandconditionsdeterminedbytheMinister.(4)Thetermsandconditionsthatmaybethesubjectofagreementordeterminationundersubsections(2)and(3)include (without
limiting the generality of subsections (2) and(3)) terms and
conditions—(a)thatlimitorpreventanyunnecessaryorreasonablyavoidableinterferencewithordamagetothelandoranything growing upon or built upon the
land;(b)thatlimitorpreventanyunnecessaryorreasonablyavoidableinterferencewithanyactivitythatmaybelawfully carried
on upon the land;(c)thatprovideforreimbursementofpropercostsorexpensesthatmaybeincurredbyarelevantlocalgovernment,publicauthority,registeredproprietor,lessee or
occupier (as the case may be).8Promoter to make good damage, restore etc.
landIf in any year the promoter gains access to
or carries out anyworksordoesanyotherthingsonland,thenwithinareasonable time after expiration of the
declared period in thatyear, the promoter in respect of that
land is to—Current as at 10 February2014Page
13
Motor
Racing Events Act 1990Part 2 Provisions relating to
establishment of circuit and conduct of races[s 9](a)makegoodanydamageoccasionedtothelandorfixtures thereon by the activities of the
promoter; and(b)remove all rubbish from the land;
and(c)reinstate and leave the land in as
nearly as is practicablethe same condition as it was prior to
the gaining entry,carrying out of works or the doing of those
things.9Promoter to consult and take into
accountrepresentations of persons affected by
operations(1)Thepromoter,inexercisingpowersinpromotingamotorracing event, is
to—(a)take all reasonable steps to consult
with—(i)anyrelevantlocalgovernment,registeredproprietor,
lessee or any person having a right ofoccupation of
land within the declared area for anyyear; and(ii)anypersonoccupyinglandimmediatelyadjacentto
the declared area for any year; and(iii)anyotherpersonwhosebusinessorfinancialinterests might,
in the opinion of the promoter, beadverselyaffectedbytheoperationsofthepromoter; and(iv)any
public authority (including any department ofthe government)
where operations are or are likelytobeadverselyaffectedbytheoperationsofthepromoter; and(b)takeintoaccountand,tosuchextentasisreasonablyconsistentwithpromotingamotorracingevent,giveeffect to any representations made by any
such person.(2)The duties imposed by subsection (1)
do not give rise to anycauseorrightofactionagainstoranyliabilityinthepromoter.Page
14Current as at 10 February 2014
Motor
Racing Events Act 1990Part 2 Provisions relating to
establishment of circuit and conduct of races[s 10]10Fencing or cordoning off of certain
land by promoter(1)Subject to compliance with this Act,
the whole or any part ofthelandcomprisingthedeclaredareaforanyyearmaybefenced or
cordoned off by the promoter for the whole or anypart
of the declared period for that year.(2)Subject to compliance with this Act, the
promoter may, whereit is reasonably necessary for or incidental
to the promoting ofamotorracingevent,fenceorcordonoffapartofthedeclared area for any year for a
period not falling within thedeclared period
for that year.11Fenced or cordoned off land is
lawfully occupied bypromoterLand comprising
or included within the declared area for anyyear that is
fenced or cordoned off by the promoter is, while itis
so fenced or cordoned off, to be taken to be in the lawfuloccupation of the promoter.12Certain Acts and laws not to
apply(1)TheEnvironmental
Protection Act 1994does not apply to orin relation to
any noise emanating from a motor racing eventfor any
year.(2)TheTransport
Operations (Road Use Management) Act 1995,otherthansections79,80and82,andtheHeavyVehicleNational Law
(Queensland) do not apply to or in relation to avehicle or its driver while the vehicle is
being driven—(a)in a motor racing event; or(b)with the approval of the promoter,
within the declaredareaforanyyearduringthedeclaredperiodforthepurpose of
providing support services for a motor racingevent.(3)Landwithinthedeclaredareaforanyyearforsolongas,duringthedeclaredperiod,itisnotaroadorpublicplaceunder theTransport
Operations (Road Use Management) Act1995.Current as at 10 February2014Page
15
Motor
Racing Events Act 1990Part 2 Provisions relating to
establishment of circuit and conduct of races[s 13](4)ExcepttotheextentthattheprovisionsoftheLocalGovernmentAct2009,theBuildingAct1975,theBeachProtection Act
1968, theCoastal
Protection and ManagementAct1995andtheSustainablePlanningAct2009requirecompliance with prescribed standards, the
provisions of thoseActs do not apply to or in relation to any
works carried out oractivity engaged in in respect of the
promoting or the stagingofamotorracingeventbyorwiththeapprovalofthepromoter within the declared area for
any year.(5)Anactivitycarriedonbyorwiththepermissionofthepromoterwithinthedeclaredareaforanyyearduringthedeclared period for that year does not
constitute a nuisance.13Plans of proposed
works to be available for publicinspectionThepromoteristocausecopiesoftheplansofallworksproposed to be carried out by the promoter
within the declaredarea for any year to be available for public
inspection duringnormal business hours at an office of the
promoter approvedby the Minister.14Power
to remove vehicles left unattended within declaredarea(1)Where any vehicle is left unattended on
public land within thedeclared area for any year
during—(a)the declared period for that year;
or(b)theperiod,immediatelybeforeandafterthedeclaredperiod,declaredbytheMinisterbygazettenoticeforconstructinganddismantlingworksrequiredforthemotor racing event;a
person authorised by the promoter may remove the vehicletoanyconvenientplaceandforthatpurposemayenterthevehicle and drive it, or arrange for it to
be driven or towedaway.Page 16Current as at 10 February 2014
Motor
Racing Events Act 1990Part 2 Provisions relating to
establishment of circuit and conduct of races[s 14](1A)Detailsoftheperiod,declaredbytheMinisterundersubsection (1)(b), and the effect of the
declaration, must bepublished—(a)in a
newspaper circulating in the declared area; and(b)in a
newspaper circulating generally in the State.(2)As
soon as practicable after the removal of a vehicle undersubsection (1), the person who removed the
vehicle is to giveto the owner of the vehicle notice of the
removal and stating—(a)the place where
the vehicle is kept; and(b)that the vehicle
may be released upon payment of all theexpenses in
connection with the removal and detentionof the vehicle
and of the giving of the notice; and(c)if
the vehicle is not released within 14 days it may besold
by the promoter.(3)Notice given pursuant to subsection
(2) is to be in writing andserved upon the
owner personally, but if it is not so servedwithin 14 days
of the removal or if the owner has not beenidentified,itmaybegivenbypublicadvertisementinanewspaper circulating in the locality
of the declared area forthe year.(4)If
within 14 days from the date of service or advertisement ofthe
notice, whichever last occurs the owner of the vehicle or aperson acting on behalf of the owner or
claiming a right to thepossession of the vehicle has not
obtained possession of thevehicle in accordance with the
provisions of this section, thepromoter
may—(a)bynoticepublishedinanewspapercirculatinginthelocality of the declared area for the
year advertise thatthe vehicle will be offered for sale at the
place and timestated in the advertisement;(b)at the time on the day stated in the
advertisement (whichday shall be not earlier than 14 days
after the date whenthe advertisement was first published) and
at the placestatedintheadvertisement,offerthevehicleforsaleunless the owner
thereof or a person acting on behalf ofCurrent as at 10
February2014Page
17
Motor
Racing Events Act 1990Part 2 Provisions relating to
establishment of circuit and conduct of races[s 14]the
owner or claiming a right to possession thereof hassooner obtained possession of the vehicle in
accordancewith the provisions of this section.(5)Vehiclessoldpursuanttosubsection(4)aretobesoldbypublic auction unless the Minister otherwise
directs.(6)Theproceedsofthesaleordisposalofavehiclearetobeapplied in the
following order—(a)in payment of the expenses of the sale
or disposal;(b)inpaymentofthecostofremovalofandholdingthevehicle and the service and advertisement of
any noticeserved or advertised under this
section;(c)if there is an amount owing to an
entity under a securityinterestregisteredforthevehicleunderthePersonalPropertySecuritiesAct2009(Cwlth)—inpaymentofthe amount owing under the security
interest;(d)in payment of the balance of the
proceeds to the ownerof the vehicle or, if after reasonable
enquiry, the ownercannot be ascertained, to the public trustee
as unclaimedmoneysandtheprovisionsofthePublicTrusteeAct1978with respect to
unclaimed moneys apply thereto.(6A)A
secured party can not enforce any security interest in theproceeds of sale or disposal of a vehicle
against an entity towhom an amount is payable under
subsection (6)(a) or (b).(7)A vehicle is not
to be delivered to the owner thereof, or toanother person
acting on behalfof the owner or claiming aright to the possession thereof
unless—(a)theownerorotherpersonhasmadeandsignedanapplication to the promoter for the release
of the vehicle;and(b)the applicant
has furnished proof to the satisfaction ofthe promoter of
ownership or right to possession of thevehicle and, in
the case of the applicant being a personacting on behalf
of the owner, has furnished proof to thesatisfaction of
the promoter of authority to so act; andPage 18Current as at 10 February 2014
Motor
Racing Events Act 1990Part 2 Provisions relating to
establishment of circuit and conduct of races[s 15](c)theapplicanthaspaidallexpensesincurredbythepromoter and not
waived pursuant to the provisions ofsubsection(8)inconnectionwiththeremovalofandholding the vehicle and the service or
advertisement ofanynoticeservedoradvertisedbythepromoterinrelation to the availability for collection
or intended saleof the vehicle; and(d)the
applicant has signed a receipt for the delivery of thevehicle.(8)If
the promoter considers that special circumstances exist, thepromotermaywaivepaymentofthewholeorpartoftheexpenses referred to in subsection
(7)(c).(9)Apersonwhotakesdelivery,orobtainspossessionoforremoves or attempts to remove from or
interferes in any waywith a vehicle which is in the custody
of the promoter exceptin accordance with the provisions of
this section commits anoffence against this Act.Maximum penalty—10 penalty units.(10)For the purposes
of this section the person in whose name avehicleisregisteredundertheTransportOperations(RoadUse
Management) Act 1995or any corresponding Act of theCommonwealth,aStateorTerritoryistheownerofthevehicle.(11)In
this section—secured partyhas the meaning
given by thePersonal PropertySecurities Act
2009(Cwlth), section 10.15Directions by Minister(1)The
Minister may direct the promoter to do or not to do suchthings in relation to a motor racing event
for any year as theMinister thinks fit.(2)The
promoter is to comply in every respect with a directiongiven under subsection (1) and is not to
authorise any act oromission by any person contrary to the
direction.Current as at 10 February2014Page
19
Motor
Racing Events Act 1990Part 3 Authorised persons[s
16]Part 3Authorised
persons16Appointment and qualifications(1)The promoter may appoint any number of
persons, includingpolice officers, as authorised
persons.(2)However, the promoter may appoint a
person as an authorisedperson only if the promoter is
satisfied the person is qualifiedforappointmentbecausethepersonhasthenecessaryexpertise or
experience.(3)ForthePolicePowersandResponsibilitiesAct2000,anauthorised person is a public
official.Editor’s note—See
thePolice Powers and Responsibilities Act
2000, sections 13 to 15.17Appointment conditions and limit on
powers(1)Anauthorisedpersonholdsofficeontheconditionsstatedin—(a)the authorised
persons’s instrument of appointment; or(b)a
signed notice given to the authorised person; or(c)a regulation.(2)The
instrument of appointment, a signed notice given to theauthorisedpersonoraregulationmaylimittheauthorisedperson’s powers
under this Act.(3)Subsections (1) and (2) do not affect
the powers of a policeofficer under thePolice Powers
and Responsibilities Act 2000or any other law
of the State.(4)In this section—signed
noticemeans a notice signed by the
promoter.Page 20Current as at 10
February 2014
Motor
Racing Events Act 1990Part 3 Authorised persons[s
18]18Issue of identity card(1)The promoter must issue an identity
card to each authorisedperson.(2)The
identity card must—(a)contain a recent photo of the
authorised person; and(b)contain a copy
of the authorised person’s signature; and(c)identifythepersonasanauthorisedpersonunderthisAct;
and(d)state the expiry date for the
card.(3)Thissectiondoesnotpreventtheissueofasingleidentitycard
to a person for this Act and other purposes.19Production or display of identity
card(1)InexercisingapowerunderthisActinrelationtoanotherperson, an
authorised person must—(a)producetheauthorisedperson’sidentitycardfortheotherperson’sinspectionbeforeexercisingthepower;or(b)have the identity card displayed so it
is clearly visible tothe other person when exercising the
power.(2)However, if it is not practicable to
comply with subsection (1),the authorised
person must produce the identity card for theother person’s
inspection at the first reasonable opportunity.20When
authorised person ceases to hold office(1)Anauthorisedpersonceasestoholdofficeifanyofthefollowing happens—(a)the
term of office stated as a condition of office ends;(b)under another condition of office, the
authorised personceases to hold office;(c)theauthorisedperson’sresignationundersection21takes effect.Current as at 10
February2014Page
21
Motor
Racing Events Act 1990Part 4 Access to declared area[s
21](2)Subsection (1) does not limit the ways
an authorised personmay cease to hold office.(3)In this section—condition of
officemeans a condition on which the
authorisedperson holds office.21ResignationAn authorised
person may resign by signed notice given to thepromoter.22Return of identity cardA
person who ceases to be an authorised person must returnthe
person’s identity card to the promoter within 21 days afterceasingtobeanauthorisedpersonunlessthepersonhasareasonable excuse.Maximum
penalty—20 penalty units.Part 4Access to
declared area23Restricted areas(1)Thepromotermay,withinthedeclaredarea,placesignsmarked ‘restricted area’ to designate a
restricted area.(2)Aperson,otherthanapermittedperson,mustnotenterorremain in a restricted area during the
declared period.Maximum penalty for subsection (2)—20
penalty units.24Permitted entrants(1)Aperson,otherthanapermittedentrant,mustnotenterorremain in a declared area during a declared
period.Page 22Current as at 10
February 2014
Motor
Racing Events Act 1990Part 4 Access to declared area[s
25]Maximum penalty—20 penalty units.(2)A permitted entrant must not—(a)enteradeclaredareaotherthanthroughanapprovedentrance;
or(b)leaveadeclaredareaotherthanthroughanapprovedexit.Maximum penalty—20 penalty units.(3)Subsection (1) does not apply to a
person authorised, underanother Act, to enter the declared
area.Examples for subsection (3)—a police officer, a health or liquor
licensing inspector, a fire serviceofficer or an
ambulance officer25Exclusion of persons removed(1)A person, other than the holder of an
occupant’s pass, who isremoved from the area under section 39
or another Act, mustnotagainenterorattempttoentertheareaonthedaytheperson is removed.Maximum
penalty—20 penalty units.(2)The holder of an
occupant’s pass, who is removed from thearea under
section 39 or another Act, must not again enter orattempt to enter the area between 10a.m. and
5p.m. on the daythe holder is removed.Maximum
penalty—20 penalty units.26Access to motor
racing circuit(1)A person, other than the holder of an
occupant’s pass, mustnot enter the motor racing circuit
during the declared periodunless the person is—(a)the driver of a racing car; or(b)the driver of, or a person authorised
by the promoter tobe a passenger in—Current as at 10
February2014Page
23
Motor
Racing Events Act 1990Part 4 Access to declared area[s
27](i)a vehicle used to service, load or
carry a racing car;or(ii)an emergency
vehicle; or(iii)a vehicle
authorised by the promoter to enter themotor racing
circuit; or(c)a person authorised by the promoter to
enter the motorracing circuit.Maximum
penalty—20 penalty units.(2)Theholderofanoccupant’spassmustnotenterthemotorracing
circuit—(a)if a motor racing event is taking
place; or(b)ifamotorracingeventisnottakingplacebutthepromoterhasreasonablyclosedoffthemotorracingcircuit.Maximum penalty—20 penalty units.27Vehicles and vessels(1)A person must not drive or bring a
vehicle or vessel into thedeclared area during the declared
period without the consentof the promoter.Maximum
penalty—20 penalty units.(2)Subsection (1)
does not apply to a person authorised, underanotherAct,tobeinthedeclaredareaduringthedeclaredperiod.Examples for subsection (2)—a police officer, a health or liquor
licensing inspector, a fire serviceofficer or an
ambulance officer28Occupant’s pass(1)An
occupant of the declared area may apply to the promoterforapassentitlingtheoccupant toenterandremaininthedeclared area during the declared
period (anoccupant’s pass).Page
24Current as at 10 February 2014
Motor
Racing Events Act 1990Part 4 Access to declared area[s
29](2)The application must be in writing in
the form approved bythe promoter.(3)Thepromotermustgranttheapplicationifthepromoterissatisfiedtheapplicantrequiresaccesstothedeclaredareaduring the declared period—(a)fortheordinaryuseandenjoymentoftheapplicant’splace of
residence or business; or(b)toenabletheapplicanttotraveltoorfromtheapplicant’s place of residence or business;
or(c)toenabletheapplicanttotraveltoorfromtheapplicant’splaceofemploymenttoengageinemployment.(4)Anoccupant’spassmaybeissuedsubjecttoconditions,including a
condition limiting the period or periods for whichthe
pass is valid to the days and times stated on the pass.29Entry by ticket(1)The
promoter may issue a ticket and charge a fee for entryinto
the declared area during the declared period.(2)A
ticket entitles the holder to enter the declared area duringthe
declared period on the days and at the times stated on theticket.30Dealing with occupant’s pass or
ticket(1)An occupant’s pass or a ticket is not
transferable.(2)The holder of an occupant’s pass or a
ticket must not—(a)lend or give the pass or ticket to
another person; or(b)offer or attempt to sell the pass or
ticket; or(c)sell the pass or ticket.Maximum penalty—20 penalty units.Current as at 10 February2014Page
25
Motor
Racing Events Act 1990Part 5 Conduct in declared area[s
31](3)A person must not sell or attempt to
sell a document that is animitation of, or could be taken to be,
an occupant’s pass orticket.Maximum
penalty—20 penalty units.31Reserved areas,
seats and blocks of seats(1)The promoter
may, within the declared area, set aside areas,seats and blocks
of seats as reserved areas, reserved seats andreserved blocks
of seats.(2)The promoter may issue a ticket
(areserved ticket)
entitlingthe holder of the reserved ticket to—(a)enter and remain in a reserved area;
or(b)occupy a reserved seat; or(c)occupy a seat in a reserved block of
seats.(3)Reservedareas,seatsandblocksofseatsmustbeclearlymarked to
distinguish them from other areas, seats and blocksof
seats.(4)A person who is not the holder of a
reserved ticket must not—(a)enter or remain
in a reserved area; or(b)occupy a
reserved seat.Maximum penalty for subsection (4)—20
penalty units.Part 5Conduct in
declared area32Sign about prohibited activities and
items(1)Before the declared period begins, the
promoter must erect asign outside each approved entrance
warning persons enteringthe declared area about—Page
26Current as at 10 February 2014
Motor
Racing Events Act 1990Part 5 Conduct in declared area[s
33](a)the activities that, under this part,
may not take place inthe declared area during the declared
period; and(b)the items that, under section 39, may
be confiscated iftaken into the declared area during the
declared period.(2)Forthepurposesofthispart,ifasignwarningaboutanactivityoritemmentionedinsubsection(1)isnoterectedoutside an approved entrance that a person
uses to enter thedeclared area, it is taken that the person
has the consent of thepromoter to carry out the activity in,
or take the items into, thedeclared area
during the declared period.33No placing
posters etc. on structures(1)A person must
not place a placard, poster, advertisement orotherthingonabuilding,fenceorotherstructureinthedeclared area
during the declared period without the consentof the
promoter.Maximum penalty—20 penalty units.(2)In subsection (1)—placeincludes paste, stick, nail or, in any other
way, position.34No distribution of printed
matterApersonmustnotdistributeprintedmatterinthedeclaredarea between
7a.m. and 7p.m. on any day during the declaredperiod without
the consent of the promoter.Maximum
penalty—20 penalty units.35No erection of
structures(1)Subsection (2) applies—(a)during the declared period; and(b)duringtheperiod,immediatelybeforethedeclaredperiod, declared
by the Minister under section 14(1)(b).(2)A
person must not, without the consent of the promoter—Current as at 10 February2014Page
27
Motor
Racing Events Act 1990Part 5 Conduct in declared area[s
36](a)erect, in the declared area, a
structure that could be usedto view the
motor racing event; or(b)bring into the
declared area material that could be usedto erect a
structure mentioned in paragraph (a).Maximum
penalty—70 penalty units.36No animals and
birds(1)A person must not bring an animal or
bird into the declaredareaduringthedeclaredperiodwithouttheconsentofthepromoter.Maximum
penalty—20 penalty units.(2)Subsection
(1)—(a)does not apply to the holder of an
occupant’s pass whoseplace of residence is in the declared
area; and(b)does not prevent a person with a
disability who relies onaguide,hearingorassistancedogbeingaccompaniedby the
dog.(3)For the purposes of subsection
(2)(b)—assistancedog,disability,guidedogandhearingdoghavethe meanings
respectively assigned to them under theGuide,Hearing and Assistance Dogs Act 2009.37No alcoholic
beverages(1)Apersonmustnotbringanalcoholicbeverageintothedeclared area during the declared period
without the consentof the promoter.Maximum
penalty—20 penalty units.(2)Subsection (1)
does not apply to—(a)theholderofalicenceundertheLiquorAct1992authorisingthesaleofalcoholicbeveragesfrompremises in the
declared area during the declared period;orPage
28Current as at 10 February 2014
Motor
Racing Events Act 1990Part 5 Conduct in declared area[s
38](b)an employee or agent of the licence
holder mentioned inparagraph(a),actingintheordinarycourseoftheemployee or
agent’s employment; or(c)anoccupantofthedeclaredareawhobringsanalcoholicbeverageintothedeclaredareaforconsumption in the occupant’s place of
residence.(3)A person must not supply or consume an
alcoholic beveragein the declared area during the declared
period other than—(a)in premises from which the sale of
alcoholic beveragesis authorised under a licence under
theLiquor Act 1992;or(b)in a residence;
or(c)in a part of the declared area
designated as a refreshmentarea by all the
signs required under subsection (4).Maximum penalty
for subsection (3)—20 penalty units.(4)For
subsection (3)(c), the promoter must—(a)placesignsmarked‘refreshmentarea’todesignatearefreshment area; and(b)withinarefreshmentareaandateveryexitfromarefreshmentarea,placesignsmarked‘noalcoholicbeverage is to
be removed from this area or consumedoutside this
area’.38No prohibited objects(1)Theobjectofthissectionistoempowerthepromotertoensure the safety of persons and property
within the declaredareabystoppinganythingbeingbroughtintotheareathatmight, or might be used to, endanger persons
or property.(2)Without limiting section 36 or 37, the
promoter may, on thesignerectedundersection32,statethatapersonmaynotbring into the declared area during
the declared period an itemstated on the
sign (aprohibited object).Current as at 10 February2014Page
29
Motor
Racing Events Act 1990Part 6 Powers of authorised
persons[s 39](3)A
person must not bring a prohibited object into the declaredareaduringthedeclaredperiodwithouttheconsentofthepromoter.Maximum
penalty—20 penalty units.Part 6Powers of
authorised persons39Powers of authorised persons(1)An authorised person may, during the
declared period—(a)prevent another person—(i)from entering the declared area if the
other personis not a permitted entrant; or(ii)from entering
the declared area other than throughan approved
entrance; or(iii)from leaving the
declared area other than throughan approved
exit; or(iv)from entering a
restricted area if the other person isnot a permitted
person; or(b)require—(i)a
person entering the declared area to produce forinspection by the authorised person any
containerthe person intends taking into the declared
area; or(ii)a person in the
declared area to produce evidencesatisfactory to
the authorised person that the personis a permitted
entrant; or(iii)the following
persons to state their full name andaddress and to
produce evidence satisfactory to theauthorisedpersonofthecorrectnessofthenameand
address—(A)apersonfoundcommittinganoffenceagainst this
Act;Page 30Current as at 10
February 2014
Motor
Racing Events Act 1990Part 6 Powers of authorised
persons[s 39](B)apersontheauthorisedpersonreasonablysuspectshascommittedanoffenceagainstthis
Act; or(c)remove—(i)from
the declared area a person—(A)who
has entered the area in contravention ofsection 24;
or(B)who fails to produce evidence
satisfactory totheauthorisedpersonthatthepersonisapermitted entrant; or(C)who the authorised person finds
committingan offence against this Act; or(D)whotheauthorisedpersonreasonablysuspectshas,onthatday,committedanoffence against this Act; or(ii)from the
declared area any animal or bird broughtinto the area in
contravention of section 36; or(iii)fromarestrictedareaanypersonwhoisnotapermitted person; or(iv)from
a reserved area, a reserved seat or a seat in areserved block
of seats, a person who does not holda reserved
ticket; or(d)remove and confiscate anything placed
on a structure incontravention of section 33; or(e)confiscate—(i)adocumentthatisanimitationof,orcouldbetaken to be, an occupant’s pass or
ticket; or(ii)any printed
matter distributed in the declared areain contravention
of section 34; or(iii)any material
that could be used to erect a structure,brought into the
declared area in contravention ofsection 35;
orCurrent as at 10 February2014Page
31
Motor
Racing Events Act 1990Part 7 Miscellaneous[s 40](iv)any alcoholic
beverage found in the possession of apersonenteringthedeclaredareaifbringingthebeverageintothedeclaredareawouldbeincontravention of section 37(1);
or(v)any alcoholic beverage found in the
possession of apersoninapartofthedeclaredareawherethesupplyorconsumptionofalcoholicbeveragesisnot permitted under section 37(3);
or(vi)anyprohibitedobjectbroughtintothedeclaredarea in
contravention of section 38; or(f)dismantle any structure erected in the
declared area incontravention of section 35.(2)Ifanauthorisedpersonconfiscatesanitem,theauthorisedpersonmustgivethepersonfromwhomtheitemwasconfiscated,avouchertoenablethepersontoapplytothepromoter for return of the
item.(3)If a voucher is not given to a person
from whom an item isconfiscated, the confiscation is
invalid.40Use of reasonable forceAnauthorisedpersonmayusetheforcethatisreasonablynecessary to
perform the authorised person’s functions or toexercise the
authorised person’s powers under this Act.Part 7Miscellaneous41Offences relating to authorised
persons(1)Apersonmustnotobstructanauthorisedpersonintheperformanceoftheauthorisedperson’sfunctionsortheexercise of the authorised person’s
powers under this Act.Maximum penalty—20 penalty
units.Page 32Current as at 10
February 2014
Motor
Racing Events Act 1990Part 7 Miscellaneous[s
42](2)A person must not pretend to be an
authorised person.Maximum penalty—20 penalty units.(3)In subsection (1)—obstructincludes hinder, resist and attempt to
obstruct.42Return of confiscated items(1)Within 3 months after the end of the
declared period, a personfromwhomanitemwasconfiscatedundersection39mayapply to the promoter for the return
of the item.(2)The person must—(a)present to the promoter the voucher given
under section39; and(b)give
the person’s name and address; and(c)onreceiptoftheitem,signanacknowledgementofreceipt.(3)If a
confiscated item is not claimed within 3 months after theend
of the declared period, the promoter may dispose of theitem
and, if the disposal is by sale, retain the proceeds of thesale.43Proceedings for offencesA prosecution
for an offence against this Act is to be taken byway
of summary proceeding under theJustices Act
1886.45Promoter’s
special property in official motor racinginsignia(1)The promoter has a proprietary
interest in all official motorracing
insignia.(2)Aperson,whowithouttheconsentofthepromoter,inthecourse of a trade or business—(a)sells goods marked with official motor
racing insignia;orCurrent as at 10 February2014Page
33
Motor
Racing Events Act 1990Part 7 Miscellaneous[s 46](b)usesofficialmotorracinginsigniaforthepurposeofpromoting the sale of goods or
services;commitsthetortofconversionandcommitsanoffenceagainst this
Act.Maximum penalty—300 penalty units.(3)A person who, without the consent of
the promoter, assumes anameordescriptionthatconsistsof,orincludes,officialmotorracinginsigniacommitsthetortofconversionandcommits an offence against this Act.Maximum penalty—300 penalty units.(4)A consent under this section—(a)maybegivenwithorwithoutconditions(includingconditions
requiring payment to the promoter); and(b)maybegivenbynoticeinwritingaddressedtoanapplicant for
the consent; and(c)mayberevokedbythepromoterforbreachofaconditionbynoticeinwritinggivenpersonallyorbypost to a person who has the benefit
of the consent.(5)The Supreme Court may, on the
application of the promoter,grant an
injunction to restrain a breach of this section.(6)The court by which a person is
convicted of an offence againstthis section
may, on the application of the promoter, order theconvicted person to pay compensation of an
amount fixed bythe court to the promoter.(7)Subsections (5) and (6) do not
derogate from any civil remedythatmaybeavailabletothepromoterapartfromthosesubsections.46Seizure and forfeiture of goods(1)Where—(a)goods apparently intended for a commercial
purpose aremarked with official motor racing insignia;
andPage 34Current as at 10
February 2014
Motor
Racing Events Act 1990Part 7 Miscellaneous[s
47](b)apersonauthorisedbythepromotersuspectsonreasonable grounds that the use of the
insignia has notbeen authorised by the promoter;that
person may seize the goods.(2)Where goods have been seized under this
section and—(a)proceedingsarenotinstitutedforanoffenceagainstsection 45 in relation to the goods within 3
months oftheir seizure; or(b)afterproceedingshavebeeninstitutedandcompleted,the defendant is
not convicted;thepersonfromwhomtheywereseizedisentitledtorecover—(c)the
goods or, if they have been destroyed, compensationequaltothemarketvalueofthegoodsatthetimeoftheir seizure; and(d)compensationforanylosssufferedbyreasonoftheseizure of the goods.(3)An action for the payment of
compensation under subsection(2)maybebroughtagainstthepromoterinanycourtofcompetent jurisdiction.(4)The
court by which a person is convicted of an offence againstthis
Act may order that goods to which the offence relates beforfeited to the Crown.(5)AnygoodsforfeitedtotheCrownaretobedisposedofinsuchmannerastheMinistermaydirect,and,ifsold,theproceeds of the sale are to be disposed of
as directed by theMinister.47Promoter may control and charge fee for
filming etc. fromoutside declared area(1)Exceptwiththeconsentofthepromoter,apersonisnotentitled to make, for the purpose of
profit or gain, at or from aplaceoutsidethedeclaredarea,anysoundrecordingorCurrent as at 10 February2014Page
35
Motor
Racing Events Act 1990Part 7 Miscellaneous[s 48]television or other recording of moving
pictures of the motorracing event or any part of the
event.(2)Thepromotermaychargeafeeforgivingconsentundersubsection (1) being a fee of the prescribed
amount or suchother amount as the promoter may fix in a
particular case.(3)Where a person makes a recording as
referred to in subsection(1)withouttheconsentofthepromoter,thepromotermayrecover, as a debt due to the promoter, by
proceedings in anycourt of competent jurisdiction, the fee of
a prescribed amountreferred to in subsection (2).48EvidenceInanyproceedingsunderthisActaprinteddocumentthatpurports—(a)tobeastandard,rule,codeorspecificationofanassociation or body referred to in, or
prescribed under,the regulations; and(b)to
have been published or issued by or on behalf of thatassociation or body;is evidence of
that standard, rule, code or specification.49Limitation of action(1)Liability at law shall not attach to the
Crown, the Minister, orapoliceofficerwithinthemeaningofthePoliceServiceAdministration Act 1990, on account of
any act or thing—(a)done or omitted to be done pursuant to
this Act; or(b)done or omitted to be done bona fide
for the purposes ofthis Act and without negligence.(2)This section does not affect the
liability of a police officer todisciplinaryactionunderthePoliceServiceAdministrationAct 1990.Page 36Current as at 10
February 2014
Motor
Racing Events Act 1990Part 7 Miscellaneous[s
51]51Regulation-making power(1)TheGovernorincouncilmaymakeregulationsunderthisAct.(2)Aregulationmayprovideforany1ormoreofthefollowing—(a)accesstoadeclaredareaandconditionsabouttheaccess;(b)the
behaviour of persons in a declared area;(c)fees
payable under this Act, including fees for entry to adeclared area or part of the declared
area;(d)amaximumpenaltyof20penaltyunitsforacontravention of
the regulation.Current as at 10 February2014Page
37
Motor
Racing Events Act 1990ScheduleScheduleDictionarysection 2approvedentrancemeansanentrancetothedeclaredareaapproved by the promoter.approved exitmeans an exit
from the declared area approvedby the
promoter.authorisedpersonmeansapersonappointedundersection16.constructionincludessitedevelopmentandconstructionofworks.declared
areameans an area declared under a regulation to
bethe declared area for a motor racing event
for a year.declaredperiodmeansaperiod,ofnotmorethan5days,declaredunderaregulationtobethedeclaredperiodforamotor racing event for a year.emergency vehicleincludes the
following—(a)an ambulance;(b)a
fire engine;(c)a police vehicle;(d)anothervehicle,includingatowtruck,helicopterormobile crane, authorised by a promoter to be
used as anemergency vehicle.freeholdlandmeanslandinwhichanestateoffreeholdissubsisting.graphic
standards manualmeans a document adopted by apromoterasthegraphicstandardsmanualandavailableforinspectionduringnormalbusinesshoursattheregisteredofficeofthepromoteror,ifrequiredbytheMinister,atanother specified office of the
promoter.Page 38Current as at 10
February 2014
Motor
Racing Events Act 1990Schedulelandincludes foreshore, land below high water
mark of tidalwater and bed and banks of a river, stream,
watercourse, lakeor other body of water.leasehold
landmeans land, other than freehold land, which
issubject to—(a)an
estate or interest in land under a lease granted by theCrown; or(b)apermittooccupyorroadlicencegrantedundertheLand Act 1994; or(c)a lease issued by a trustee of a
reserve under theLandAct 1994.lesseemeanstheholderofany
lease of freehold land orofleasehold land
and includes the holder of any sublease of sucha lease.logomeans the design
(the copyright of which is vested in apromoter) which
is more particularly depicted and describedfrom time to
time in a graphic standards manual.motorracingcircuitmeansthepartofadeclaredareaonwhich a motor racing event takes
place.motor racing eventsee section
4.motor racing insigniameans an
expression, whether used infullorinabbreviatedform,orincombinationwithotherwords or
symbols, that can reasonably be taken to refer to amotor racing event.occupant, of
a declared area, means a person whose place ofbusiness,
employment or residence is in the declared area.occupant’s passsee section
28.officialmotorracinginsigniameansthelogo,anofficialsymbol,anofficialtitleoranymotorracinginsigniaforamotor racing
event.officialsymbolmeansacombinationofthelogoandanofficial title.official
title, for a motor racing event, means a name or
titledeclared under a regulation to be an
official title for the event.Current as at 10
February2014Page
39
Motor
Racing Events Act 1990Schedulepermitted
entrant, of the declared area, means—(a)a person who is admitted to the
declared area—(i)on the production of a ticket or the
payment of anentry fee; or(ii)under an authority issued by the promoter;
or(b)the promoter or an agent or employee
of the promoter;or(c)the holder of an
occupant’s pass.permittedpersonmeansthepromoterorapersonwhoisauthorised in writing by the promoter
to enter and remain in arestricted area.private
landmeans freehold land or leasehold land which
ineachcaseisforthetimebeingnotowned,managedoroccupied by a local government or
public authority.promote, in relation to
an event or activity, includes organiseand
conduct.promotermeans a person
declared under a regulation to be thepromoter of a
motor racing event for a year.proposed
declared areasee section 5.publiclandmeanslandwhich,forthetimebeing,isnotprivate land.relevantlocalgovernment,inrelationtoadeclaredarea,meansalocalgovernmenttheareaofwhichincludesthedeclared area or part of the declared
area.reserved areameans an area
set aside under section 31.reserved block
of seatsmeans a block of seats set aside
undersection 31.reserved
seatmeans a seat set aside under section
31.reserved ticketsee section
31.restrictedareameansanareadesignatedbysignsundersection 23.Page 40Current as at 10 February 2014
Motor
Racing Events Act 1990Scheduleroadsee
theTransport Operations (Road Use
Management)Act 1995, schedule 4,
dictionary, definitionroad.ticketmeans a pass or
other document issued by a promoterunder section 29
but does not include an occupant’s pass.Current as at 10
February2014Page
41
Motor
Racing Events Act 1990EndnotesThe notes column
for this reprint gives details of any discretionary editorial
powers undertheReprints Act 1992used by the
Office of the Queensland Parliamentary Counsel inpreparing it. Section 5(c) and (d) of the Act
are not mentioned as they contain mandatoryrequirementsthatallamendmentsbeincludedandallnecessaryconsequentialamendments be
incorporated, whether of punctuation, numbering or another kind.
Furtherdetails of the use of any discretionary
editorial power noted in the table can be obtained bycontacting the Office of the Queensland
Parliamentary Counsel by telephone on 30039601 or email
legislation.queries@oqpc.qld.gov.au.From29January2013,allQueenslandreprintsaredatedandauthorisedbytheParliamentary Counsel. The previous
numbering system and distinctions between printedand
electronic reprints is not continued with the relevant details for
historical reprintsincluded in this table.ReprintNo.11A1B1CReprintNo.1D1E1F1G1H2Amendments to1995 Act No.
571996 Act No. 661999 Act No.
421999 Act No. 42Amendments
to2001 Act No. 132001 Act No.
132001 Act No. 132001 Act No.
132001 Act No. 132001 Act No.
13Effective28 November
19959 December 19962 September
19991 December 1999Effective1
December 199920 August 20011 February
20021 March 20021 May 20021 May
2002Reprint date20 December
19954 March 199715 September
199911 January 2000Reprint
date9 August 200124 August
20018 February 20028 March
20021 May 200229 May
2002ReprintNo.2A2B33A3B3C3D3EAmendments
included2003 Act No. 112008 Act No.
36—2009 Act No. 42009 Act No.
362009 Act No. 172010 Act No.
442012 Act No. 25Effective30
May 200320 June 200820 June
20081 July 200918 December
20091 July 201030 January
201212 November 2012NotesR2B
withdrawn, see R3Current as at1 November
201310 February 2014Amendments
included2013 Act No. 512013 Act No.
26Notes4List
of legislationMotor Racing Events Act 1990 No. 60 (prev
Gold Coast Motor Racing Events Act1990; orig Indy
Car Grand Prix Act 1990)date of assent 18 September
1990Current as at 10 February2014Page
43
Motor
Racing Events Act 1990Endnotescommenced on date
of assentamending legislation—Local Government
Act 1993 No. 70 s 804 schdate of assent 7 December 1993commenced 26 March 1994 (see s 2(5))Statute Law (Miscellaneous Provisions) Act
(No. 2) 1994 No. 87 ss 1–3 sch 2date of assent 1
December 1994commenced on date of assent (see s 2)Statute Law Revision Act 1995 No. 57 ss 1–2,
4 sch 1date of assent 28 November 1995commenced on date of assentQueensland Tourist and Travel Corporation
Amendment Act 1996 No. 66 pts 1, 3date of assent 9
December 1996commenced on date of assentTourism Legislation Amendment Act 1999 No. 41
pts 1–2date of assent 2 September 1999commenced on date of assentRoad
Transport Reform Act 1999 No. 42 ss 1–2(1), 54(3) sch pt 3date
of assent 2 September 1999ss 1–2 commenced on date of
assentremaining provisions commenced 1 December
1999 (see s 2(1))Chiropractors Registration Act 2001 No. 3 ss
1–2, 241 sch 2date of assent 11 May 2001ss
1–2 commenced on date of assentremaining
provisions commenced 1 May 2002 (2002 SL No. 73)Health Practitioners Legislation Amendment
Act 2001 No. 6 pts 1, 4date of assent 11 May 2001ss
1–2 commenced on date of assentremaining
provisions commenced 20 August 2001 (2001 SL No. 140)Medical Practitioners Registration Act 2001
No. 7 ss 1–2, 302 sch 2date of assent 11 May 2001ss
1–2 commenced on date of assentremaining
provisions commenced 1 March 2002 (2002 SL No. 30)Physiotherapists Registration Act 2001 No. 13
ss 1–2, 242 sch 2date of assent 11 May 2001ss
1–2 commenced on date of assentremaining
provisions commenced 1 February 2002 (2001 SL No. 262)Indy
Car Grand Prix and Other Legislation Amendment Act 2003 No. 11 ss
1, 2(2),pt 2date of assent 9 April 2003ss
1–2 commenced on date of assentremaining
provisions commenced 30 May 2003 (2003 SL No. 94)Page
44Current as at 10 February 2014
Motor
Racing Events Act 1990EndnotesMotor Racing
Events (Townsville) Amendment Act 2008 No. 36 pts 1–2, s 8
schdate of assent 21 May 2008ss
1–1A commenced on date of assentremaining
provisions commenced 20 June 2008 (2008 SL No. 166)Guide, Hearing and Assistance Dogs Act 2009
No. 4 ss 1–2, 124(2) sch 3date of assent 23 February 2009ss
1–2 commenced on date of assentremaining
provisions commenced 1 July 2009 (2009 SL No. 125)Local
Government Act 2009 No. 17 ss 1, 2(4), 331 sch 1date
of assent 12 June 2009ss 1–2 commenced on date of
assentremaining provisions commenced 1 July 2010
(2010 SL No. 122)Sustainable Planning Act 2009 No. 36 ss 1–2,
872 sch 2date of assent 22 September 2009ss
1–2 commenced on date of assentremaining
provisions commenced 18 December 2009 (2009 SL No. 281)Personal Property Securities (Ancillary
Provisions) Act 2010 No. 44 ss 1–2, ch 4 pt 2date of assent 14
October 2010ss 1–2 commenced on date of assentremaining provisions commenced 30 January
2012 (2011 SL No. 262)Fiscal Repair Amendment Act 2012 No. 25
ss 1, 2(6)(b), 195 schdate of assent 21 September
2012ss 1–2 commenced on date of assentremaining provisions commenced 12 November
2012 (2012 SL No. 192)Transport and Other Legislation (Heavy
Vehicle National Law) Amendment Act2013 No. 26 ss
1–2, 105 sch 1date of assent 3 June 2013ss
1–2 commenced on date of assentremaining
provisions commenced 10 February 2014 (2014 SL No. 6)Directors’ Liability Reform Amendment Act
2013 No. 51 ss 1–2(1), pt 42date of assent 29
October 2013ss 1–2 commenced on date of assentremaining provisions commenced 1 November
2013 (see s 2(1))5List of annotationsThis
reprint has been renumbered—see table of renumbered provisions in
endnote 6.Long titleamd 2003 No. 11 s
4; 2008 No. 36 s 3Short titles 1sub
2003 No. 11 s 5amd 2008 No. 36 s 4Current as at 10
February2014Page
45
Motor
Racing Events Act 1990EndnotesDefinitionsprov hdgsub
1995 No. 57 s 4 sch 1Note—prev s 2 contained definitions
for this Act. Definitions are now locatedin the
schedule—Dictionary. Annotations for definitions contained in
prevs 2 are located in annotations for the
schedule.s 2amd 1995 No. 57 s 4 sch 1; 2003 No. 11
s 6References in Acts 2Ains
2008 No. 36 s 5Goods taken to be marked with official motor
racing insigniaprov hdgins 1995 No. 57 s
4 sch 1amd 2003 No. 11 s 7(1)s 3(prev
s 1.2(2)) renum (as s 1.2A) 1995 No. 57 s 4 sch 1amd
2003 No. 11 s 7(2)Meaning ofmotor racing
eventprov hdgins 1995 No. 57 s
4 sch 1s 4(prev s 1.2(3)) renum as s 1.2B 1995
No. 57 s 4 sch 1sub 2003 No. 11 s 8PART
1A—PROVISIONS ABOUT PROPOSED DECLARED AREApt hdgins
2008 No. 36 s 6Declaration of proposed declared areas
5sub 1996 No. 66 s 14amd 1999 No. 41 s
3; 2003 No. 11 s 9sub 2008 No. 36 s 6State may enter
and construct on public lands 5Ains
2008 No. 36 s 6Access to public land for maintenance of
workss 5Bins 2008 No. 36 s 6State
may enter and construct on private lands 5Cins
2008 No. 36 s 6Access to private land for maintenance of
workss 5Dins 2008 No. 36 s 6Registrar to maintain records of agreement
relating to private lands 5Eins 2008 No. 36 s
6Terms and conditions of agreements
5Fins 2008 No. 36 s 6Certain Acts and
laws not to applys 5Gins 2008 No. 36 s 6amd
2009 No. 36 s 872 sch 2; 2009 No. 17 s 331 sch 1Directions by Ministers 5Hins
2008 No. 36 s 6Page 46Current as at 10
February 2014
Motor
Racing Events Act 1990EndnotesPART 2—PROVISIONS
RELATING TO ESTABLISHMENT OF CIRCUIT ANDCONDUCT OF
RACESpt hdgprev pt 2 hdg om
1995 No. 57 s 4 sch 1pres pt 2 hdg (orig pt 3 hdg) renum
1999 No. 41 s 4Promoter to have care, control etc. of
declared areas 6amd 1999 No. 42 s 54(3) sch pt
3Certain Acts and laws not to applys
12amd 1999 No. 42 s 54(3) sch pt 3; 2003 No.
11 s 10; 2009 No. 36 s 872 sch 2;2009 No. 17 s 331
sch 1; 2013 No. 26 s 105 sch 1Power to remove
vehicles left unattended within declared areas 14amd
2003 No. 11 s 11; 2010 No. 44 s 68Regulationss 4.6om
1995 No. 57 s 4 sch 1Payment of amount in expiation of
traffic etc. offences 4.8om 1995 No. 57 s
4 sch 1PART 3—AUTHORISED PERSONSpt 3 (ss
16–22)ins 2003 No. 11 s 15PART 4—ACCESS TO
DECLARED AREApt hdgins 2003 No. 11 s
15Restricted areass 23prev
s 23 amd 1995 No. 57 s 4 sch 1; 2001 No. 3 s 241 sch 2; 2001 No. 6
s 36;2001 No. 7 s 302 sch 2; 2001 No. 13 s 242
sch 2om 2003 No. 11 s 12pres s 23 ins
2003 No. 11 s 15Permitted entrantss 24ins
2003 No. 11 s 15amd 2008 No. 36 s 8 schExclusion of
persons removeds 25ins 2003 No. 11 s 15Access to motor racing circuits
26ins 2003 No. 11 s 15Vehicles and
vesselss 27ins 2003 No. 11 s 15Occupant’s passs 28ins
2003 No. 11 s 15Entry by tickets 29ins
2003 No. 11 s 15Dealing with occupant’s pass or tickets
30ins 2003 No. 11 s 15Current as at 10
February2014Page
47
Motor
Racing Events Act 1990EndnotesReserved areas,
seats and blocks of seatss 31ins 2003 No. 11 s
15PART 5—CONDUCT IN DECLARED AREApt
hdgins 2003 No. 11 s 15Sign about
prohibited activities and itemss 32ins
2003 No. 11 s 15amd 2008 No. 36 s 8 schNo placing
posters etc. on structuress 33ins 2003 No. 11 s
15No distribution of printed matters
34ins 2003 No. 11 s 15No erection of
structuress 35ins 2003 No. 11 s 15No
animals and birdss 36ins 2003 No. 11 s 15amd
2009 No. 4 s 124(2) sch 3No alcoholic beveragess
37ins 2003 No. 11 s 15No prohibited
objectss 38ins 2003 No. 11 s 15PART
6—POWERS OF AUTHORISED PERSONSpt hdgins
2003 No. 11 s 15Powers of authorised personss
39ins 2003 No. 11 s 15amd 2008 No. 36 s
8 schUse of reasonable forces 40ins
2003 No. 11 s 15Numbering and renumbering of Acts
4.11ins 1994 No. 87 s 3 sch 2om R1
(see RA s 37)PART 7—MISCELLANEOUSpt hdg(prev
pt 4 hdg) renum (as pt 3 hdg) 1999 No. 41 s 4(prev pt 3 hdg)
renum 2003 No. 11 s 14Offences relating to authorised
personss 41ins 2003 No. 11 s 16Return of confiscated itemss
42ins 2003 No. 11 s 16Proceedings for
offencess 43(prev s 16) renum 2003 No. 11 s
13Page 48Current as at 10
February 2014
Motor
Racing Events Act 1990EndnotesOffence by body
corporates 44(prev s 17) renum 2003 No. 11 s
13om 2013 No. 51 s 111Promoter’s
special property in official motor racing insigniaprov
hdgamd 2003 No. 11 s 17(1)s 45(prev
s 18) renum 2003 No. 11 s 13amd 2003 No. 11 s
17(2)Seizure and forfeiture of goodss
46(prev s 19) amd 1995 No. 57 s 4 sch 1renum
2003 No. 11 s 13amd 2003 No. 11 s 18Promoter may
control and charge fee for filming etc. from outside declared
areas 47(prev s 20) renum 2003 No. 11 s
13amd 2008 No. 36 s 8 schEvidences
48(prev s 21) renum 2003 No. 11 s 13Limitation of actions 49(prev
s 22) renum 2003 No. 11 s 13Declared
area—when regulatory impact statement not requireds
50(prev s 23A) ins 1999 No. 41 s 5renum
2003 No. 11 s 13om 2012 No. 25 s 195 schRegulation-making
powers 51(prev s 24) ins 1995 No. 57 s 4 sch
1renum 2003 No. 11 s 13sub 2003 No. 11 s
19amd 2008 No. 36 s 8 schSCHEDULE—DICTIONARYsch hdgins
2003 No. 11 s 20Note—definitions for this Act were
originally located in prev s 2defapproved entranceins 2003 No. 11 s
6(3)defapproved exitins 2003 No. 11 s
6(3)defauthorised personins 2003 No. 11 s
6(3)defCARTamd 1995 No. 57 s
4 sch 1om from prev s 2 2003 No. 11 s 6(2)defconstructionins 2008 No. 36 s
7(2)defdeclared areasub 1995 No. 57 s
4 sch 1reloc 2003 No. 11 s 6(4)sub 2008 No. 36 s
7(1)–(2)defdeclared periodsub 1995 No. 57 s
4 sch 1reloc 2003 No. 11 s 6(4)sub 2008 No. 36 s
7(1)–(2)defemergency vehicleins 2003 No. 11 s
6(3)amd 2008 No. 36 s 7(3)Current as at 10
February2014Page
49
Motor
Racing Events Act 1990Endnotesdeffreehold landreloc 2003 No. 11
s 6(4)defgrand prix insigniaom
from prev s 2 2003 No. 11 s 6(2)defgraphic standards manualreloc 2003 No. 11
s 6(4)amd 2008 No. 36 s 7(4)deflandreloc 2003 No. 11 s 6(4)defleasehold landreloc 2003 No. 11
s 6(4)deflesseereloc 2003 No. 11
s 6(4)deflocal authorityom from prev s 2
1993 No. 70 s 804 schdeflogoreloc
2003 No. 11 s 6(4)amd 2008 No. 36 s 7(5)–(6)defMinisterom from prev s 2
1995 No. 57 s 4 sch 1defmotor racing
circuitins 2003 No. 11 s 6(3)amd 2008 No. 36 s
7(7)defmotor racing eventins 2003 No. 11 s
6(3)defmotor racing insigniains
2003 No. 11 s 6(3)defoccupantins 2003 No. 11 s
6(3)amd 2008 No. 36 s 7(8)defoccupant’s passins 2003 No. 11 s
6(1)defofficial grand prix insigniaom
from prev s 2 2003 No. 11 s 6(2)defofficial motor racing insigniains
2003 No. 11 s 6(3)amd 2008 No. 36 s 7(9)defofficial symbolreloc 2003 No. 11
s 6(4)defofficial titlesub 1995 No. 57 s
4 sch 1reloc 2003 No. 11 s 6(4)defpermitted entrantins 2003 No. 11 s
6(3)defpermitted personins 2003 No. 11 s
6(3)defprivate landreloc 2003 No. 11
s 6(4)defpromotereloc 2003 No. 11
s 6(4)defpromotersub 1995 No. 57 s
4 sch 1reloc 2003 No. 11 s 6(4)sub 2008 No. 36 s
7(1)–(2)defproposed declared areains
2008 No. 36 s 7(2)defpublic landreloc 2003 No. 11
s 6(4)defrelevant local governmentreloc
2003 No. 11 s 6(4)amd 2008 No. 36 s 7(10)defreserved areains 2003 No. 11 s
6(3)defreserved block of seatsins
2003 No. 11 s 6(3)defreserved seatins 2003 No. 11 s
6(3)defreserved ticketins 2003 No. 11 s
6(3)defrestricted areains 2003 No. 11 s
6(3)defroadsub 2003 No. 11 s
6(2)–(3)defticketins 2003 No. 11 s
6(3)amd 2008 No. 36 s 7(11)Page 50Current as at 10 February 2014