Motor Sport (Public Safety) Act 2006

This Act is the Motor Sport (Public Safety) Act 2006.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘motor vehicle—see the Road Transport (General) Act 1999, dictionary.’ means that the term ‘motor vehicle’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Licences for motor vehicle racing

Division 2.1 General—pt 2

In this Act:

motor vehicle racing means a motor vehicle sport prescribed by regulation.

motor vehicle racing place—see section 7.

motor vehicle sport means any competition between the drivers or riders of motor vehicles in which the deciding factor is the speed, manoeuvrability, reliability, durability or mechanical condition of the vehicles, the skill of the drivers or riders, or any combination of them.

The Minister may declare a place (a motor vehicle racing place) to be a place where motor vehicle racing may be conducted.

The Minister must not declare a place to be a motor vehicle racing place unless the place is suitable for motor vehicle racing.

A place may not be declared to be a motor vehicle racing place if the place is a road or road related area under the Road Transport (General) Act 1999.

A declaration is a notifiable instrument.

A person (the applicant) may apply in writing to the Minister for a licence to conduct motor vehicle racing at a motor vehicle racing place.

The Minister may, in writing, require the applicant to give the Minister additional information or documents that the Minister reasonably needs to decide the application.

If the applicant does not comply with the requirement, the Minister may refuse to consider the application.

On an application for a licence to conduct motor vehicle racing at a motor vehicle racing place, the Minister must—

issue the licence; or

refuse to issue the licence.

In deciding whether to issue the licence, the Minister must consider the public interest, including the desirability of the kind of motor vehicle sport that is proposed to be conducted under the licence.

The Minister must refuse to issue the licence if—

the Minister is satisfied that it is not in the public interest; or

the place where the motor vehicle racing is to be conducted does not have the facilities prescribed by regulation.

Subsections (2) and (3) do not limit the matters that the Minister may consider.

A licence must be in writing and must state—

the full name and address of the person to whom the licence is issued; and

the motor vehicle racing place, including any building or facility to which the licence relates; and

the period for which the licence is issued; and

any conditions on the licence.

A licence, including any condition put on the licence under section 10 (2), is a notifiable instrument.

A licence is issued for the period (not longer than 1 year) stated in the licence.

A licence is subject to the conditions—

prescribed by regulation; and

put on the licence under this section.

Examples of conditions that may be put on a licence

1 safety standards for the public, competitors or people at or near a motor vehicle racing place

2 public liability insurance

3 kinds of motor vehicle racing allowed

4 the power, type and number of motor vehicles allowed to compete in motor vehicle racing

5 keeping records

6 inspection

7 requirements about the condition of any track

8 requirements about the facilities at a motor vehicle racing place

The Minister may—

put a condition on a licence when the licence is issued or renewed, or at any other time; and

at any time amend the conditions put on the licence under this section.

The Minister may, under subsection (3), put a condition on a licence, or amend the conditions of a licence, only if—

the Minister has given the applicant or licensee written notice of the proposed condition or amendment; and

the notice states that written comments on the proposal may be made to the Minister within a stated period of at least 14 days after the day the notice is given to the applicant or licensee; and

the Minister has considered any comments made within the period.

Subsection (4) does not apply if the applicant or licensee asked in writing for, or agreed in writing to, the proposed condition or amendment.

A licensee may apply, in writing, to the Minister to renew the licence.

The application must be made not later than 14 days before the end of the licence period.

On an application to renew a licence, the Minister must—

renew the licence; or

refuse to renew the licence.

If a licensee applies to renew a licence under this section, the licence remains in force until the application is decided.

If a licensee changes their name or business or home address, the licensee must, as soon as practicable but not later than 14 days after the day the change happens, tell the director‑general, in writing, about the change.

Maximum penalty: 20 penalty units.

An offence against this section is a strict liability offence.

A licensee must not contravene a condition to which the licence is subject.

Maximum penalty: 20 penalty units.

An offence against this section is a strict liability offence.

Division 2.2 Disciplinary action