South Australian Motor Sport Act 1984

This Act may be cited as the South Australian Motor

Sport Act 1984.

In this Act, unless the contrary intention appears—

Adelaide means the City of Adelaide and includes any adjoining local government area;

Board means the South Australian Motor Sport

Board established under Part

2;

declared area means an area declared by the

Minister by notice under Part

3 to be a declared area under this Act;

declared period means a period declared by the

Minister by notice under Part

3 to be a declared period under this Act;

employing authority means the person designated by proclamation as being the employing authority for the purposes of this definition;

the graphic standards manual means a document adopted by the Board as the graphic standards manual and lodged at the General

Registry Office;

logo means a design (the copyright of which is vested in the Crown in right of the State) that is declared in the graphic standards manual to be a logo;

official insignia means a logo, an official symbol or an official title;

official symbol means a combination of a logo and an official title;

official title means a name, title or expression that is declared to be an official title by or under section 28AA;

promote, in relation to an event or activity, includes organise or conduct;

public road means any road, street or thoroughfare (including any carriageway, footpath, dividing strip and traffic island) commonly used by the public or to which the public are permitted access;

relevant council, in relation to a declared area, means a council the area of which includes the declared area or part of the declared area.

For the purposes of this Act, goods will be taken to be marked with official insignia if such insignia are affixed or annexed to, marked on, or incorporated in or with—

the goods; or

any covering or container in which the goods are wholly or partly enclosed; or

anything placed in or attached to any such covering or container;

or

anything that is attached to the goods or around which the goods are wrapped or wound.

For the purposes of this Act, a motor sport event means a motor racing or other motor sport event and includes an event or activity associated with a motor sport event.

A proclamation made for the purposes of the definition of

employing authority may apply by reference to a specified person, or by reference to the person for the time being holding or acting in a specified office or position.

The South Australian Motor Sport Board is established.

The Board—

is a body corporate with perpetual succession and a common seal;

and

is capable in its corporate name of acquiring, holding and disposing of real and personal property; and

is capable of acquiring or incurring any other rights or liabilities, and of suing and being sued; and

holds its property on behalf of the Crown.

If a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the common seal of the Board was duly affixed to the document.

The Board is subject to the general control and direction of the

Minister.

The Board consists of up to 9 members appointed by the Governor on the nomination of the Minister.

In nominating persons for appointment to the Board, the Minister should endeavour to achieve gender equality on the

Board.

The Governor may appoint 1 member of the Board to be the presiding member and another member to be the deputy presiding member of the

Board.

The Governor may appoint a suitable person nominated by the

Minister to be a deputy of a member and a person so appointed may act as a member of the Board in the absence of that member.

An act or decision of the Board is not invalid by reason only of a vacancy in its membership.

A member of the Board will be appointed for a term, and on such conditions, determined by the Governor.

A member will, on the expiration of their term of office, be eligible for reappointment.

The Governor may remove a member from office for—

mental or physical incapacity to carry out satisfactorily the duties of office; or

neglect of duty; or

dishonourable conduct; or

any other cause considered sufficient by the

Governor.

The office of a member becomes vacant if the member—

dies; or

resigns by written notice addressed to the Minister;

or

is removed by the Governor under subsection (3).

On the office of a member becoming vacant, a person may be appointed in accordance with this Act to the vacant office.

A member of the Board is entitled to remuneration, allowances and expenses determined by the Governor.

The functions of the Board are—

to negotiate and enter into agreements on behalf of the State under which motor sport events, whether promoted by the Board or by some other person approved by the Minister, are held in the State; and

to undertake on behalf of the State the promotion of motor sport events; and

to do all things necessary for or in connection with the conduct and financial and commercial management of each event promoted by the Board;

and

to provide advisory, consultancy, management or other services to promoters or other persons associated with the conduct of sporting, entertainment or other special events or projects, whether within or outside the State; and

such other functions as may be assigned to the Board by or under this Act or by the Minister.

In performing its functions, the Board may do any or all of the following:

establish a motor racing circuit on a temporary basis;

as provided by this Act, assume the care, control, management and use of public roads and parklands on a temporary basis;

carry out works for the construction, alteration or removal of public or other roads, track, grandstands, fencing, barriers and other buildings and structures;

carry on any advertising and promotional activities;

regulate and control admission to any event and charge and collect fees for admission to any such event;

grant for fee or other consideration advertising or sponsorship rights or any other rights, licences or concessions in connection with events;

publish or produce books, programmes, brochures, films, souvenirs and other things relating to events;

sell or supply food and drink (including alcoholic beverages), books, programmes, brochures, films, souvenirs and other things in connection with events;

restrict, control and make charges for the use of official insignia;

take out policies of insurance in its own right or on behalf of the

State;

acquire and hold any licence under any other Act;

acquire, hold, deal with and dispose of any personal property;

form, or acquire, hold, deal with and dispose of shares or other interests in, or securities issued by, bodies corporate, whether within or outside the State;

enter into any partnership or joint venture arrangement, appoint any agent, or enter into any other contract or arrangement with another person, whether within or outside the State;

accept money or other things, whether from the State, a State instrumentality or any other person, provided or given to the Board for the performance of its functions;

act as trustee on behalf of any other person in connection with the performance of its functions under this Act;

enter into any agreement or arrangement of a kind not previously mentioned in this subsection or acquire or incur any other rights or liabilities;

do any other thing that is necessary or expedient for, or incidental to, the performance of its functions.

No contract or agreement entered into by a person acting or purporting to act as agent of the Board is binding on the Board unless ratified by the Board (however, to avoid doubt, nothing in this section requires a contract or agreement entered by a person in accordance with a delegation under section 9 to be so ratified before it is binding on the Board).

The Board may delegate a function of the Board under this

Act—

to a specified person or body (who may, but need not, be a member of the Board); or

to a person for the time being occupying a specified office or position.

A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

A delegation—

must be made by instrument in writing; and

may be made subject to conditions specified in the instrument of delegation; and

is revocable at will and does not prevent the delegator from acting in a matter.

Subject to this Act, a quorum of the Board consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1.

A decision carried by the votes of a majority of the members present at a meeting of the Board is a decision of the

Board.

The presiding member will preside at a meeting of the Board and, in the absence of that person, or, in that member's absence, by the deputy presiding member (if any) and, in the absence of both the presiding member and the deputy presiding member (if any), the members present at a meeting of the

Board must choose 1 of their number to preside at the meeting.

A decision carried by a majority of the votes cast by members of the Board at a meeting is a decision of the Board.

Each member present at a meeting of the Board has 1 vote on any question arising for decision (and the member presiding at the meeting will have a casting vote if the votes are equal).

A conference by telephone or other electronic means between the members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if—

notice of the conference is given to all members in the manner determined by the Board for the purpose; and

each participating member is capable of communicating with every other participating member during the conference.

A proposed resolution of the Board becomes a valid decision of the

Board despite the fact that it is not voted on at a meeting of the Board if—

notice of the proposed resolution is given to all members of the

Board in accordance with procedures determined by the Board; and

a majority of the members express concurrence in the proposed resolution by letter, email or other written communication setting out the terms of the resolution.

The Board must have accurate minutes kept of its proceedings at meetings.

Subject to this Act, the Board may determine its own procedures.

The Board may, with the approval of the Minister, establish committees—

to advise the Board; or

to carry out functions on behalf of the Board.

The membership of a committee will be determined by the Board and may, but need not, consist of, or include, members of the

Board.

The Board will determine who will be the presiding member of a committee.

The procedures to be observed in relation to the conduct of the business of a committee will be—

as determined by the Board; and

insofar as a procedure is not determined under paragraph (a)—as determined by the committee.

The Government Business Enterprises (Competition)

Act 1996 does not apply to the Board, or to any activity of the Board, in relation to a function of the Board under this

Act.

Except with the consent of the Board, no person is entitled to make, for the purpose of profit or gain, at or from a place outside a circuit at which a motor sport event promoted by the Board takes place, any sound recording or television or other recording of moving pictures of the event or any part of the event.

The Board may, if it thinks fit, charge a fee for giving its consent under subsection (1), being a fee of the prescribed amount or such other amount as the Board may fix in a particular case.

If a person makes a recording as referred to in subsection (1) without the consent of the Board, the

Board may recover, as a debt due to the Board, by proceedings in any court of competent jurisdiction, the fee of a prescribed amount referred to in subsection (2).