ALERT DIGEST 8 of 1995

AUSTRALIAN GRAND PRIX (AMENDMENT) BILL

1.1

This Bill was introduced into Legislative Assembly on 26 May 1995 by the Honourable Phil Gude MP on behalf of the Honourable Pat McNamara MP with the Honourable Marie Tehan MP.

1.2

The main purpose of the Bill is to make further provision in relation to the declared area under the Australian Grand Prix Act 1994. It also makes other amendments.

1.3

Clause 2 is the commencement provision. Sub-section (2) provides that section 4 which relates to the declared area operates retrospectively. It is deemed to have come into operation on 25 October 1994.

Clause 4 inserts a new definition of "declared area" into the Act. It clarifies the meaning of "declared area" for the period for 3 November 1994 to the date of publication in the Government Gazette of the first notice under section 27(a) published after 25 May 1995. The Committee notes the comments in the Second Reading Speech:-

"The Bill removes all doubt about the position and commencement dated of the declared area. This is necessary following a decision by a magistrate on 24 May 1995, which questioned the validity of the original declared area notice published in the Government Gazette.

Although the Government has received legal advice that the magistrate's decision is likely to be overturned on review, the Government believes it is appropriate to immediately clarify any confusion over this issue to ensure the works program can continue in Albert Park."

Clause 5 amends section 32(3) to give the committee of management the power to fence or cordon off any part of Albert Park as is necessary for or incidental to the carrying out of works (within the meaning of section 28(5)) which the committee has authorised. "Works" as defined in section 28(5) includes road construction or diversion, removal, relocation or planting of trees, installation of services, relocation of ovals, buildings or facilities, construction of other structures whether of a permanent or temporary nature or demolition works or works altering the topography of Albert Park. The committee is not entitled to enter any building that it does not occupy.

1.4

Clause 6 amends section 51(7) of the Act to ensure that a reference to section 458 of the Crimes Act 1958 to an offence includes a reference to an offence against a regulation made under the Act. Section 458 of the Crimes Act 1958 provides that persons found committing offences may be arrested without warrant by any person. For the purposes of section 458, "offence" means offence at common law or a contravention of or failure to comply with a provision of an Act of Parliament. Unless expressly provided otherwise by an Act of Parliament, it does not include a contravention of or failure to comply with a rule, regulation, by-law or other law made under an Act of Parliament. This amendment means that persons found committing offences in contravention of the regulations made under the Australian Grand Prix Act 1994 may be arrested without warrant by any person. The Committee notes the comments in the Second Reading Speech: -

"This should help rationalise the procedures used by police in providing for the effective operation of the Australian Grand Prix (Works) Regulations 1995 which are designed to ensure an appropriate degree of safety of persons in the declared area of Albert Park."

Clause 7 provides that anything done or purported to be done prior to the amendment is deemed to have been done as if the Act had been amended by section 4, ie; as if it had been done in accordance with the declared area as defined in section 4 of the Bill.

Clause 8 provides an amnesty for all persons who have been charged with offences relating to the Grand Prix prior to 25 May 1995.

Clause 9 provides that the notice of the making of the Australian Grand Prix (Works) Regulations 1995 published in the Government Gazette on 11 May 1995 is, for the purposes of section 17(2) of the Subordinate Legislation Act 1994 to be a notice published in the next general edition of the Government Gazette.

The Committee makes no further comment.

Committee Room
1 June 1995

Last update 23/7/99 ©Parliament of Victoria