Thursday, 14 August 2025
Bills
Australian Grands Prix Amendment Bill 2025
Bills
Australian Grands Prix Amendment Bill 2025
Statement of compatibility
Steve DIMOPOULOS (Oakleigh – Minister for Environment, Minister for Tourism, Sport and Major Events, Minister for Outdoor Recreation) (10:07): In accordance with the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility in relation to the Australian Grands Prix Amendment Bill 2025:
In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the Charter), I make this Statement of Compatibility with respect to the Australian Grands Prix Amendment Bill 2025 (the Bill).
In my opinion, the Bill, as introduced to the Legislative Assembly, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.
Overview
The main purposes of this Bill are to amend the Australian Grands Prix Act 1994 (the Act):
• to extend the maximum duration of the race period from 7 to 21 days;
• to provide for the declaration of public access areas within the declared area;
• to update the definition of ‘grand prix insignia’;
• to increase the maximum payment that the Australian Grand Prix Corporation (the Corporation) can make to the committee of management under section 41 of the Act;
• to allow the Corporation to host non-motor sport events or the Australian Formula One Grand Prix (Grand Prix) events approved by the Minister;
• to provide for the appointment of acting members and an acting chairperson to the Corporation; and
• to update gendered language and make other minor and consequential amendments.
Human Rights Issues
The human rights that are relevant to the Bill include:
• recognition and equality before the law (section 8);
• freedom of movement (section 12);
• privacy (section 13(a)); and
• property (section 20).
Updating terminology
Clauses 16, 17, 27 and 28 of the Bill amends sections 11, 12, 44 and 51 of the Act by replacing references to ‘his’ and ‘her’ and ‘he’ and ‘she’ with non-gendered terms, such as ‘the person’ and ‘the Minister’.
Recognition and equality before the law (section 8)
Section 8(2) of the Charter provides that every person the right to enjoy their human rights without discrimination. Section 8(3) provides that every person is equal before the law and is entitled to the equal protection of the law without discrimination and has the right to equal and effective protection against discrimination. This component of the right ensures that laws and policies are applied equally and do not have a discriminatory effect.
‘Discrimination’ under the Charter has the same meaning as in the Equal Opportunity Act 2010. Discrimination includes direct and indirect discrimination on the basis of an attribute listed in section 6 of that Act (which includes a person’s gender identity and sex characteristics).
The Bill promotes the right to recognition and equality before the law by removing gendered language and replacing it with non-gendered terms. These amendments promote the right by removing exclusionary language and clarifying that the provisions in these Act are inclusive of all persons, including non‐binary persons.
Extension of race period
Clause 22 of the Bill amends section 27 of the Act, which currently empowers the Minister responsible for administering the Act, acting jointly with the Minister responsible for administering the Crown Land (Reserves) Act 1978 (Crown Land Act), to declare a race period not exceeding 7 days in relation to the ‘declared area’, being all or part of Albert Park, and other land surrounded by it. Relevantly, section 30 of the Act requires the Corporation to manage and control the declared area, section 32 allows the Corporation to fence or cordon off the whole or any part of the declared area, and section 33 authorises the closure of any (part of a) road within the declared area, for the duration of the race period. Specifically, clause 22 amends section 27(b) of the Act to extend the maximum duration for which the race period can be declared from 7 to 21 days.
Freedom of Movement (section 12)
Section 12 of the Charter relevantly provides that every person lawfully within Victoria has the right to move freely within Victoria. The right extends, generally, to freedom to move throughout the State without impediment or restrictions (both physical and procedural) and a right to access places and services used by members of the public. However, this right is not absolute and may be subject to such reasonable limitations as are demonstrably justified in a free and democratic society, including the property rights of others and restrictions legitimately made in the public interest.
The effect of the above amendment to extend the duration of the race period is to increase the length of the existing restrictions on public access to, and use of, Albert Park, which is Crown land reserved under the Crown Land Act for the purpose of a public park. This amendment may further restrict public access to the Melbourne Sports and Aquatic Centre (MSAC), Lakeside Stadium, Albert Park driving range, and various sporting clubs and businesses. To the extent that the amendment excludes or limits public access to public places, it may interfere with the right to freedom of movement.
However, this amendment serves an important and legitimate public safety objective. While the maximum duration for which the race period can be declared under the Act has not changed since its commencement in 1994, the scope of work involved in hosting the Grand Prix has changed significantly over this period, including a significant growth in attendance levels and a corresponding rise in operational and infrastructure requirements. The expanded scope of the event has increased the scale of, and time required for, erecting and dismantling the event. The effect of this escalation is the requirement for works to be increasingly undertaken outside the 7-day race period. The greater presence and activity of construction machinery and vehicles for the purpose of erecting and dismantling significant infrastructure outside of the race period creates safety risks for pedestrians and cyclists. Therefore, the amendment to extend the maximum duration that public access is restricted in the declared area is necessary to appropriately prepare the site for the Grand Prix and protect the general public from safety risks posed by the works, thereby facilitating the safety of local residents and the wider community.
Further, section 30 of the Act already provides for the continued operation of most venues and businesses within the declared area. For example, Lakeside Stadium, the Albert Park driving range, and the MSAC are likely to remain at least partially open with some alternative access arrangements. Additionally, members of the general public will continue to have access to numerous sporting clubs and venues, which will not be affected by the extended race period.
Further, to mitigate the impact of this reform on the freedom of movement, clause 6 of the Bill inserts new section 27A, which allows the Corporation to declare specified areas within the declared area to be a public access areas, and specify the dates and times during which the public may have access to these areas during the race period. These new powers will be subject to notification and consultation requirements and Ministerial oversight (ss 27C and 27G). This amendment thereby minimises the impact of the increased access restrictions on the general public, so that any limitations on the freedom of movement go no further than reasonably necessary to achieve the purpose of the Bill.
Therefore, while the Bill limits the right of members of the public to move freely within and through Albert Park, it is aimed at balancing public safety, operational and contractual requirements with the rights of local residents and the wider community to access public spaces and services, including recreational facilities and parks. Further, the limitation is time bound (up to 21 days a year) and is necessary to enable the Corporation to safely deliver the event. Further, the Bill strengthens existing measures in the Act to limit the restrictions on movement to the least restrictive means available to safely host the Grand Prix, facilitating public access insofar as the event build and dismantle allows.
Accordingly, in my view, the Bill is not incompatible with the right to freedom of movement under section 12 of the Charter.
Restrictions on access affecting business operations
Section 30 of the Act requires the Corporation to manage and control the declared area, and provides that the rights and interests of any person in relation to the declared area are suspended for the duration of the race period. As the Bill extends the maximum duration of the race period, it consequently extends the period that affected persons’ rights and interests are suspended.
However, section 30 further provides that a person who ordinarily has the right to carry on a business in premises within the declared area, being a premises in which they have a right of occupation, may continue to operate the business to the extent and in accordance with the conditions set by the Corporation, after consulting the committee of management. Clause 13 amends this provision to further require the Corporation to have regard to the operational requirements and safety considerations of the Grand Prix, and the access required by business owners in order to carry on the business (whether at full or reduced capacity) (cl 14, new s30A), in determining these conditions.
Commercial tenants will, therefore, be variably impacted by the extended race period, either experiencing limited operation and/or alternative access arrangements, or being required to cease operations altogether for the extended 21-day race period.
As such, the extended restrictions may be relevant to the property and privacy rights of the commercial tenants within the declared area. However, only natural persons have Charter rights, while the amendments primarily apply to incorporated entities and to the commercial affairs of people, rather than to individuals. To the extent that the Bill will affect the rights of individuals (e.g. sole proprietors and members of unincorporated associations), as opposed to companies or other incorporated bodies, I discuss the relevant human rights issues below.
Right to privacy (section 13(a))
Section 13(a) of the Charter provides that a person has the right not to have their privacy, family, home or correspondence unlawfully or arbitrarily interfered with. An interference with the right to privacy will be lawful if it is permitted by a law which is precise and appropriately circumscribed, and will be arbitrary only if it is capricious, unpredictable, unjust or unreasonable, in the sense of being disproportionate to the legitimate aim sought.
Although the Charter does not include an express ‘right to work’, there is case law which suggests that the right to privacy may include ‘a right to work of some kind’ where there is a sufficient impact upon the personal relationships of an individual or on their capacity to experience a private life, for example by curtailing their ability to earn a living and maintain their identity through employment.
It is possible that for a person who operates a business, the suspension of their rights to operate their business for the extended period of 21 days, may significantly curtail their ability to earn a living. Thus, on a broad reading, the right to privacy may be engaged by the suspension of a person’s rights as a result of the extended maximum duration of the race period. However, given the temporary nature of such suspension, it could not be said to be reaching the threshold of adversely affecting their ability to maintain their identity through employment.
Accordingly, I consider that any interference arising from the extended maximum duration would not be arbitrary, and therefore, that the privacy right is not limited.
Property rights (section 20)
Section 20 of the Charter provides that a person must not be deprived of that person’s property other than in accordance with the law. This right relevantly requires that powers which authorise the deprivation of property are conferred by legislation, are confined and structured rather than unclear, are accessible to the public, and are formulated precisely.
For the purposes of section 20 of the Charter, ‘property’ includes all real property interests recognised under the general law, which extends to contractual rights. As the Bill increases the period of time that commercial tenants and sublessees’ rights to operate their business may be suspended, and these rights are contractual in nature, the Bill may be relevant to a property interest.
An interference with property may amount to a deprivation in circumstances where it effectively prevents a person from using or dealing with their property. A deprivation of property includes any substantial restriction on a person’s exclusive possession, use or enjoyment of their property. As amended section 27(b) extends the period that the Corporation is granted exclusive possession of the declared area, which includes certain business premises, it is likely to interfere with the property rights of persons who are deprived of the exclusive possession and use of their business premises. Further, the tenants who are required to significantly reduce or cease operating for the entire race period will experience significant disruptions to their business operations, such that they are deprived of the right to the use or enjoyment of their property.
However, the right to property will only be limited where a person is deprived of property ‘other than in accordance with the law’. For a deprivation of property to be ‘in accordance with the law’, the law must be publicly accessible, clear and certain, and must not operate arbitrarily. In this instance, the interference will not be arbitrary, but governed by a clear and accessible process set out in the Bill and subject to reasonable conditions. For example, it can only be exercised with the approval of the Minister (s 27). Further, many affected tenants will be eligible for the existing compensation scheme, which entitles persons with businesses established before 1994, whose rights are suspended by the reason of the declared area access restrictions, to monetary compensation in accordance with section 30(5) of the Act. This provision allows for further compensation to account for the additional days of closure required under the extended race period.
Accordingly, any interference with a person’s property right that results from the increased access restrictions under section 27(b), is in accordance with law. Further, the new provisions of the Bill are drafted in clear and precise terms, and are sufficiently accessible via public notice requirements. As such, I consider that the right to property is not limited by this amendment.
To the extent that the Bill limits any Charter rights, such limits are reasonable, proportionate and justifiable in accordance with section 7(2) of the Charter. I am satisfied that reforms introduced by this Bill are compatible with the Charter.
Steve Dimopoulos MP
Minister for Tourism, Sport and Major Events
Second reading
That this bill be now read a second time.
I ask that my second-reading speech be incorporated into Hansard.
Incorporated speech as follows:
The Australian Grands Prix Act 1994 (Act) has been in force for over 30 years. It empowers the Australian Grand Prix Corporation to hold the Formula 1 Australian Grand Prix (Grand Prix) at Albert Park and the Australian Motorcycle Grand Prix (MotoGP) at Phillip Island. These events have been annual features of the Victorian major events calendar since 1996 and 1997 respectively.
The Grand Prix provides a significant contribution to the Victorian visitor economy – driving visitation and spend, contributing to the vibrancy and liveability of Victoria and promoting Melbourne and Victoria to a global audience. This event holds the record for the highest attended weekend sporting event ever staged in Melbourne.
In 2025, the Grand Prix increased Victoria’s Gross State Product by $323.9 million, generated an estimated $3.08 in economic impact for the state for every dollar invested by the Victorian government and supported an estimated 1,631 annual full-time equivalent jobs through roles such as event construction and hospitality.
It is truly one of the biggest jewels in Victoria’s major events crown and one that will remain here until at least 2037.
As with all legislation, it is important to ensure that the Australian Grands Prix Act remains fit for purpose and reflects contemporary needs. With the Grand Prix continuing to grow in popularity and complexity, this Bill makes a number of amendments to the Act to ensure the arrangements continue to support the conduct of the Grand Prix in a manner that balances the safe operation of the event with the needs of the community.
The Act currently allows for the declaration of a race period not exceeding 7 days. While this may have been adequate 30 years ago, the Grand Prix has grown significantly so the infrastructure required, and time needed to build and dismantle race infrastructure has also increased. Bigger attendances at the Grand Prix requires a bigger event footprint and more infrastructure. Consequently, the Bill proposes to increase exclusive access to Albert Park to up to 21 days. This extension to the maximum duration of the race period is critical as pedestrians and cyclists would otherwise be subjected to increasing safety risks through exposure to workers and vehicles undertaking the growing infrastructure build and dismantle. The Act provides that people carrying on business in the declared area may continue to access those parts of Albert Park during the race period, subject to the approval and conditions of the Australian Grand Prix Corporation. This will continue to apply in relation to the longer race period however the Bill requires the Australian Grand Prix Corporation to be transparent in its decision making around tenant access.
The Bill also establishes a mechanism to enable the Australian Grand Prix Corporation to allow access to Albert Park during the race period, ensuring the public continues to have as much access to the park as possible for as long as is safe to do so. The AGPC will be required to consult the minister responsible for administering the Act and publish its determinations on the Victoria Government Gazette and its website. This will ensure Victorian Government oversight of AGPC’s decision-making and adequate public awareness of AGPC’s determinations. The Bill also enables the AGPC to vary or revoke a determination with approval of the Minister responsible for administering the Act. Further, the AGPC can temporarily close a publicly accessible area if it considers it necessary to so in an emergency or for public safety.
It is intended that amendments will be made to the Australian Grands Prix (Formula One) Regulations 2016 (Regulations) to facilitate operation of public access areas.
The Bill also reduces the time for which a designated access period can be declared under the Act to compensate for a potentially increased race period. The designated access period allows the Australian Grand Prix Corporation to control small parcels of land for storage and other matters. The reduction will avoid inconsistencies between the race period and designated access period.
The definition of ‘grand prix insignia’ in the Act is now out of date. Some of the protected expressions are simply no longer used to promote the Grand Prix or MotoGP and the operational requirements for the events have changed over time. The Bill therefore updates the definition of ‘grand prix insignia’ to reflect these outcomes.
The Bill also increases the legislated payment to the committee of management for Albert Park – Parks Victoria – in recognition of the increased footprint of the Grand Prix and the additional work required from it to help stage the event, including tenant liaison and park maintenance and upkeep. The annual payment will rise from $100,000 to $200,000, which is roughly equivalent to adjusting the original figure for inflation. In addition, the Bill allows this compensation to be increased through the Regulations.
The Act currently only authorises the AGPC to facilitate the Grand Prix and the MotoGP, which includes ancillary activities such as concerts and parades where they are associated with the motor events. The Bill provides the Australian Grand Prix Corporation with the power to host non-motor sport events at any time, subject to the approval of the Minister. This will enable the AGPC to pursue additional avenues for raising revenue, which may reduce its reliance on government funding.
The amendments require applications from the Australian Grand Prix Corporation to host non-motor sport events to be provided 6 months in advance of the proposed event and contain essential operational and security information. The Minister may have regard to the financial sustainability of the event, operational factors and consultation undertaken. The Minister must consider any effects on the committee of management and tenants of Albert Park if an event is proposed to be held there.
The Bill also amends governance provisions relating to the Australian Grand Prix Corporation board to allow the Minister to appoint acting members, as opposed to the Governor in Council, and allow for the appointment of an acting chairperson. These are important amendments to ensure continuity in the performance and leadership of the AGPC board.
Finally, the Bill enhances the governance and powers of the Australian Grand Prix Corporation to deliver its functions.
I commend the Bill to the house.
Sam GROTH (Nepean) (10:08): I move:
That the debate be adjourned.
Motion agreed to and debate adjourned.
Ordered that debate be adjourned for two weeks. Debate adjourned until Thursday 28 August.