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This is a Bill, not an Act. For current law, see the Acts databases.
World Youth Day Amendment Bill 2007
No , 2007
A Bill for
An Act to amend the World Youth Day Act 2006 to make further provision in relation
to the planning, co-ordination and delivery of government services in relation to
World Youth Day 2008 and related events; and for other purposes.
Clause 1 World Youth Day Amendment Bill 2007
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the World Youth Day Amendment Act 2007. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Amendment of World Youth Day Act 2006 No 106 6
The World Youth Day Act 2006 is amended as set out in Schedule 1. 7
4 Amendment of Passenger Transport Act 1990 No 39 8
The Passenger Transport Act 1990 is amended as set out in Schedule 2. 9
5 Repeal of Act 10
(1) This Act is repealed on the day following the day on which this Act 11
commences. 12
(2) The repeal of this Act does not, because of the operation of section 30 13
of the Interpretation Act 1987, affect any amendment made by this Act. 14
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World Youth Day Amendment Bill 2007
Amendment of World Youth Day Act 2006 Schedule 1
Schedule 1 Amendment of World Youth Day Act 1
2006 2
(Section 3) 3
[1] Section 3 Definitions 4
Insert in alphabetical order in section 3 (1): 5
AJC means the club known as the Australian Jockey Club as 6
referred to in the Australian Jockey Club Act 1873. 7
Barangaroo site means the land comprised in Lots 3 and 5, 8
DP 876514. 9
Randwick Racecourse means: 10
(a) the land comprised in Certificate of Title Folio Identifier 11
1/130234, and 12
(b) the land comprised in Certificate of Title Folio Identifier 13
1642/752011, and 14
(c) the land comprised in Certificate of Title Folio Identifier 15
1588/752011, and 16
(d) the land comprised in Lot 72, DP 1062908 and Lot 73, 17
DP 1062906, 18
and includes: 19
(e) any buildings, structures, fixtures and fittings on that land, 20
and 21
(f) any chattels of the AJC (or held in trust for, or in the 22
custody, control or possession of, the AJC) on that land. 23
the State includes the Crown in right of the State and the 24
Government of the State. 25
World Youth Day declared area--see section 3A. 26
[2] Section 3 (1), definition of "World Youth Day period" 27
Omit the definition. Insert instead: 28
World Youth Day period--see section 3B. 29
[3] Section 3 (1), definition of "World Youth Day venue or facility" 30
Insert "World Youth Day declared area and any other" after "means a". 31
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World Youth Day Amendment Bill 2007
Schedule 1 Amendment of World Youth Day Act 2006
[4] Sections 3A and 3B 1
Insert after section 3: 2
3A World Youth Day declared areas 3
(1) For the purposes of this Act, a World Youth Day declared area 4
is any area that is designated to be a World Youth Day declared 5
area by an order under this section. 6
(2) The Minister may, by order published in the Gazette, designate 7
any area that the Minister determines is required for hosting a 8
World Youth Day event, or for the provision of services in 9
relation to a World Youth Day event, to be a declared area for the 10
period (if any) specified in the order. 11
Note. The Minister may amend or repeal an order made under this 12
section. See section 43 of the Interpretation Act 1987. 13
(3) An area is a declared area for the purposes of this Act only for: 14
(a) the period specified in the order, or 15
(b) if no period is specified in the order--the World Youth 16
Day period or, if the World Youth Day period has already 17
commenced, the remainder of that period. 18
(4) An order under this section may be made before or during the 19
World Youth Day period. 20
3B Meaning of "World Youth Day period" 21
(1) For the purposes of this Act, World Youth Day period means the 22
period: 23
(a) commencing at the beginning of 1 July 2008, and 24
(b) ending at the end of 31 July 2008 (or such later day as may 25
be prescribed by the regulations). 26
(2) A regulation made for the purposes of subsection (1) (b): 27
(a) may not prescribe a day that is later than 31 December 28
2008, and 29
(b) may limit the extension of the World Youth Day period to 30
specified provisions of this Act, and 31
(c) may be made only before or during the World Youth Day 32
period (or, if the period has been extended under paragraph 33
(a) only in relation to a specified provision of this Act, 34
during that extended period but only in relation to that 35
specified provision). 36
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World Youth Day Amendment Bill 2007
Amendment of World Youth Day Act 2006 Schedule 1
[5] Section 15A 1
Insert after section 15: 2
15A Minister may direct government agencies to co-operate 3
(1) The Minister may, by notice in writing given to a prescribed 4
government agency, direct the agency to comply with a request, 5
direction or decision of the Authority made or given under this 6
Act. 7
(2) In this section, prescribed government agency means a 8
government agency prescribed by the regulations for the 9
purposes of this section. 10
[6] Section 37 Modification of environmental planning instruments and 11
development consents 12
Omit "1 August 2008" wherever occurring from section 37 (1), (5) and (6). 13
Insert instead "the expiry date". 14
[7] Section 37 (7) 15
Omit the subsection. Insert instead: 16
(7) In this section: 17
development consent includes an approval under Part 3A of the 18
Environmental Planning and Assessment Act 1979. 19
expiry date means 1 September 2008 or such later date as is 20
prescribed by the regulations for the purposes of this section 21
(being a date that is not later than 31 December 2008). 22
[8] Part 9A 23
Insert after Part 9: 24
Part 9A Use of Randwick Racecourse for World 25
Youth Day events 26
44A Interpretation 27
(1) In this Part, a reference to using Randwick Racecourse for the 28
purpose of a World Youth Day event includes the following: 29
(a) holding a World Youth Day event at Randwick 30
Racecourse, 31
(b) making preparations for any such event, 32
(c) cleaning up and restoring Randwick Racecourse after any 33
such event, 34
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World Youth Day Amendment Bill 2007
Schedule 1 Amendment of World Youth Day Act 2006
(d) such supplemental, incidental or consequential acts as may 1
be necessary or expedient for carrying out any action 2
referred to in paragraph (a), (b) or (c). 3
(2) In this Part, WYD event agreement means a written agreement 4
between the AJC and the State of New South Wales (whether 5
entered into before or after the commencement of this section) for 6
the use of Randwick Racecourse for the purposes of one or more 7
World Youth Day events that provides that it is a comprehensive 8
agreement for the use of the Racecourse for the purposes of this 9
Part. 10
44B AJC may use or permit use of Randwick Racecourse for World 11
Youth Day events 12
For the avoidance of doubt and despite any other written or 13
unwritten law, or any other instrument (including the provisions 14
of any trust deed or contract or the AJC Constitutional Rules), the 15
AJC, and the Chairman and the Committee of the AJC, may and 16
are authorised to: 17
(a) use Randwick Racecourse, or permit that Racecourse to be 18
used, for the purposes of one or more World Youth Day 19
events, and 20
(b) enter into one or more agreements with the State of New 21
South Wales for the use of Randwick Racecourse for the 22
purposes of any such event. 23
44C Directions in aid of use of Randwick Racecourse 24
(1) The Minister may, by written order, direct a person or body 25
(whether incorporated or unincorporated), or a person or body 26
belonging to a class of persons or bodies, prescribed by the 27
regulations: 28
(a) to take such actions as are specified in the order, or 29
(b) to cease or refrain from taking such actions as are specified 30
in the order, 31
for the purpose of carrying out a WYD event agreement or 32
otherwise enabling the use of Randwick Racecourse for the 33
purposes of one or more World Youth Day events. 34
Note. An order made under an Act may be amended or repealed. See 35
section 43 of the Interpretation Act 1987. 36
(2) A direction may specify: 37
(a) the time within which an action must be taken or must 38
cease, or 39
(b) the period during which an action must be refrained from. 40
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Amendment of World Youth Day Act 2006 Schedule 1
(3) A direction may: 1
(a) apply in relation to one or more persons or bodies or 2
classes of persons or bodies, and 3
(b) be given unconditionally or subject to such terms and 4
conditions as the Minister sees fit. 5
(4) A direction is to be served: 6
(a) by leaving it at the principal office of the person or body, or 7
(b) by conspicuously displaying it at any main gate of, or 8
another prominent place at, Randwick Racecourse, or 9
(c) by sending it by facsimile transmission to the facsimile 10
number of the person or body. 11
(5) Any person who, or body that, is the subject of a direction under 12
this section must not: 13
(a) contravene or fail to comply with a direction given under 14
this section, or 15
(b) cause or permit another person or body to contravene or 16
fail to comply with such a direction. 17
Note. See section 57A for the enforcement of provisions of this Act. 18
44D Order relating to compensation for use of Randwick Racecourse 19
(1) This section applies if no WYD event agreement is in force. 20
(2) The Minister may, by order published in the Gazette, specify the 21
maximum amount of compensation (other than compensation for 22
loss in relation to acts or omissions that cause personal injury to 23
a person or the death of a person) that is to be paid to the AJC or 24
any other person, or any or all of them, in connection with that 25
use of Randwick Racecourse. 26
(3) If an order under this section is in force, the State and any 27
authority of the State is not liable to pay any compensation to the 28
AJC or such other persons in connection with that use of 29
Randwick Racecourse, other than: 30
(a) any compensation specified in that order, and 31
(b) any compensation for loss in relation to acts or omissions 32
that cause personal injury to a person or the death of a 33
person. 34
44E Entry to Randwick Racecourse 35
(1) The Minister may, by order published in the Gazette, declare that 36
entry to, and use of, Randwick Racecourse by authorised persons 37
is necessary. 38
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Schedule 1 Amendment of World Youth Day Act 2006
(2) While a declaration under subsection (1) is in force, an authorised 1
person may: 2
(a) enter Randwick Racecourse, and 3
(b) use the Racecourse for the purpose of one or more World 4
Youth Day events. 5
(3) In this section, authorised person means: 6
(a) the Chief Executive Officer, and 7
(b) a member of staff of the Authority, and 8
(c) a person (or a person belonging to a class of persons) 9
authorised by the Authority, by order in writing, for the 10
purposes of this section. 11
(4) An authorisation made under subsection (3) (c) may be given 12
unconditionally or subject to conditions. 13
(5) A person is not to be taken to be an employee of the Authority or 14
any other government agency merely because the person is (or 15
belongs to a class of persons) authorised for the purposes of this 16
section under subsection (3) (c). 17
44F Obstruction of World Youth Day preparation work at Randwick 18
Racecourse 19
A person must not: 20
(a) intentionally delay or obstruct another person who is: 21
(i) lawfully carrying out any work to facilitate the 22
holding of World Youth Day events at Randwick 23
Racecourse, or 24
(ii) lawfully entering, or attempting to enter, Randwick 25
Racecourse for such a purpose, or 26
(b) without lawful excuse, intentionally interfere with or 27
damage any works or structure at Randwick Racecourse 28
that facilitate the use of the Racecourse for World Youth 29
Day events, or 30
(c) cause or permit another person to do anything referred to 31
in paragraph (a) or (b). 32
Maximum penalty: 500 penalty units. 33
44G Compensation in respect of use of Randwick Racecourse for 34
World Youth Day events 35
(1) Compensation is not payable by or on behalf of: 36
(a) the State or an authority of the State, or 37
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World Youth Day Amendment Bill 2007
Amendment of World Youth Day Act 2006 Schedule 1
(b) WYD 2008, or 1
(c) the AJC, the Committee of the AJC, the Chairman or the 2
members of the Committee of the AJC, or the members of 3
the AJC, 4
for an act or omission that is a Randwick Racecourse WYD 5
event-related matter or that arises (directly or indirectly) from a 6
Randwick Racecourse WYD event-related matter. 7
(2) Subsection (1): 8
(a) applies only in respect of acts done or omitted to be done 9
in good faith, and 10
(b) does not apply to acts or omissions that cause personal 11
injury to a person or the death of a person, and 12
(c) does not apply to compensation paid or payable to the AJC 13
or any other person for loss connected with the use of 14
Randwick Racecourse for World Youth Day events under: 15
(i) a WYD event agreement, or 16
(ii) an order under section 44D. 17
(3) Without limiting subsection (1), the property of the Chairman or 18
any member of the Committee of the AJC, or any member of the 19
AJC, is not available in satisfication of any judgment or order for 20
compensation for any act or omission that: 21
(a) is a Randwick Racecourse WYD event-related matter, or 22
that arises (directly or indirectly) from a Randwick 23
Racecourse WYD event-related matter, and 24
(b) was done or omitted to be done in good faith in the exercise 25
of the Chairman's or member's functions, 26
unless the property is held by the Chairman or member on behalf 27
of the AJC. 28
(4) For the purposes of subsection (3), the property of the Chairman 29
or any member of the Committee of the AJC, or any member of 30
the AJC, does not include any right under a policy of insurance 31
or indemnity issued or given to the Chairman or member. 32
(5) In this section: 33
compensation includes damages and any other form of monetary 34
compensation. 35
Randwick Racecourse WYD event-related matter means the 36
following: 37
(a) the holding of any World Youth Day event at Randwick 38
Racecourse, 39
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World Youth Day Amendment Bill 2007
Schedule 1 Amendment of World Youth Day Act 2006
(b) any preparations for any such event, 1
(c) any clean up and restoration of Randwick Racecourse after 2
any such event, 3
(d) the exercise of functions under this Act in relation to 4
Randwick Racecourse. 5
44H Protection of exercise of certain functions 6
(1) This section applies to any function (a protected function) 7
conferred or imposed on any of the following persons (a 8
protected person) by or under a provision of this Part: 9
(a) the Minister (including a delegate of the Minister), 10
(b) the Authority (including a delegate of the Authority). 11
(2) The exercise by any protected person of any protected function 12
may not be: 13
(a) challenged, reviewed, quashed or called into question 14
before any court of law or administrative review body in 15
any proceedings, or 16
(b) restrained, removed or otherwise affected by any 17
proceedings. 18
(3) Without limiting subsection (2), that subsection applies whether 19
or not the proceedings relate to any question involving 20
compliance or non-compliance, by a protected person, with the 21
provisions of this Part or the rules of natural justice (procedural 22
fairness). 23
(4) Accordingly, no court of law or administrative review body has 24
jurisdiction or power to consider any question involving 25
compliance or non-compliance, by the protected person, with 26
those provisions or with those rules so far as they apply to the 27
exercise of any protected function. 28
(5) This section has effect despite any provision of this Act or other 29
legislation or any other law (whether written or unwritten). 30
(6) In this section: 31
exercise of functions includes: 32
(a) the purported exercise of functions, and 33
(b) the non-exercise or improper exercise of functions, and 34
(c) the proposed, apprehended or threatened exercise of 35
functions. 36
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World Youth Day Amendment Bill 2007
Amendment of World Youth Day Act 2006 Schedule 1
proceedings includes: 1
(a) proceedings for an order in the nature of prohibition, 2
certiorari or mandamus or for a declaration or injunction or 3
for any other relief, and 4
(b) without limiting paragraph (a), proceedings in the exercise 5
of the inherent jurisdiction of the Supreme Court or the 6
jurisdiction conferred by section 23 of the Supreme Court 7
Act 1970, 8
but does not include any investigation or proceedings under the 9
Independent Commission Against Corruption Act 1988. 10
44I Randwick Racecourse Project Steering Committee 11
(1) The regulations may establish a committee to assist the Authority 12
in the exercise of its functions in relation to Randwick 13
Racecourse (Project Steering Committee). 14
(2) The regulations may make provision for or with respect to the 15
constitution and procedure of the Project Steering Committee, 16
including (but not limited to) the quorum for the Committee, the 17
voting rights of members, and the method of voting at meetings, 18
of the Committee. 19
(3) The Project Steering Committee is to have, and may exercise, 20
such functions as are conferred or imposed on it by or under this 21
Act or are delegated to it by the Authority or the Minister under 22
section 11 or 51A respectively. 23
(4) Nothing in subsection (3) prevents the Authority or the Minister 24
delegating a function directly to a presiding member, or another 25
member, of the Project Steering Committee. 26
44J Randwick Racecourse may be used for World Youth Day events 27
despite Australian Jockey Club Act 1873 and by-laws 28
Anything permitted, required, directed or authorised to be done 29
by a person by or under this Act in relation to the use of Randwick 30
Racecourse for the purpose of one or more World Youth Day 31
events may be done despite any of the following: 32
(a) the Australian Jockey Club Act 1873 and any by-laws 33
under that Act, 34
(b) the Thoroughbred Racing Act 1996 and any instrument 35
under that Act, 36
(c) the Australian Rules of Racing (within the meaning of the 37
Thoroughbred Racing Act 1996). 38
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World Youth Day Amendment Bill 2007
Schedule 1 Amendment of World Youth Day Act 2006
[9] Section 45 Illegal car parks 1
Omit "the World Youth Day period" from section 45 (2). 2
Insert instead "the parking control period". 3
[10] Section 45 (4) and (5) 4
Insert after section 45 (3): 5
(4) In this section, parking control period means the period from 1 6
July 2008 to 31 July 2008, inclusive, or such other period as may 7
be prescribed by the regulations for the purposes of this section 8
(being a period that does not begin before 1 June 2008 or end 9
after 31 December 2008). 10
(5) A regulation for the purposes of the definition of parking control 11
period in subsection (4) that extends a parking control period 12
may be made before or during that period. 13
[11] Section 46 Control of sale and distribution of articles in certain public 14
places 15
Omit "the World Youth Day period" wherever occurring in section 46 (3) 16
and (4). 17
Insert instead "the sales control period". 18
[12] Section 46 (10) 19
Insert in alphabetical order: 20
sales control period means the period from 1 July 2008 to 31 July 21
2008, inclusive, or such other period as may be prescribed by the 22
regulations for the purposes of this section (being a period that 23
does not begin before 1 June 2008 or end after 31 December 24
2008). 25
[13] Section 46 (11) 26
Insert after section 46 (10): 27
(11) A regulation for the purposes of the definition of sales control 28
period in subsection (10) that extends a sales control period may 29
be made before or during that period. 30
[14] Sections 46A-46F 31
Insert after section 46: 32
46A Control of airspace 33
(1) In this section: 34
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World Youth Day Amendment Bill 2007
Amendment of World Youth Day Act 2006 Schedule 1
Airservices Australia means the body established by section 7 (1) 1
of the Air Services Act 1995 of the Commonwealth. 2
Commonwealth Air Navigation Regulations means the Air 3
Navigation Regulations 1947 of the Commonwealth. 4
restricted air space means air space that Airservices Australia 5
has declared under a Commonwealth law to be restricted air 6
space in relation to a World Youth Day event. 7
State air navigation means air navigation within New South 8
Wales to and in relation to which the Commonwealth Air 9
Navigation Regulations are applied as if they were State law by 10
section 4 of the Air Navigation Act 1938. 11
(2) A person must not, during a World Youth Day event and in the 12
course of State air navigation, cause an aircraft to enter, or 13
operate an aircraft within, restricted air space without an air 14
traffic clearance given by or on behalf of Airservices Australia 15
under relevant Commonwealth law. 16
Maximum penalty: 2,000 penalty units. 17
(3) The provisions of this section prevail to the extent of any 18
inconsistency between this section and the provisions of the 19
Commonwealth Air Navigation Regulations (as applied to and in 20
relation to State air navigation by the Air Navigation Act 1938). 21
(4) This section does not apply to the operation of: 22
(a) a military aircraft, or an aircraft of the NSW Police Force, 23
when being operated for military, security or emergency 24
purposes, or 25
(b) an aircraft when being operated exclusively for emergency 26
purposes relating to human life or safety, or the protection 27
of property. 28
46B Prohibition of certain advertising on buildings and structures 29
(1) The Minister may, by order published in the Gazette, designate 30
any area to be an advertising controlled site for the period (if any) 31
specified in the order. 32
Note. The Minister may amend or repeal an order made under this 33
section. See section 43 of the Interpretation Act 1987. 34
(2) An area is an advertising controlled site for the purposes of this 35
section only for: 36
(a) the period specified in the order (being a period that does 37
not begin before 1 July 2008 or end after 31 July 2008), or 38
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World Youth Day Amendment Bill 2007
Schedule 1 Amendment of World Youth Day Act 2006
(b) if no period is specified in the order--the World Youth 1
Day period or, if the World Youth Day period has already 2
commenced, the remainder of that period. 3
(3) A person who is the owner or occupier or the holder of a lease or 4
licence relating to a building or structure that is (or is part of) an 5
advertising controlled site must not, while the land is an 6
advertising controlled site, cause or permit any advertising 7
material to be fixed to or placed on, or to remain on, the building 8
or structure, except as authorised or permitted by the Authority. 9
Maximum penalty: 10
(a) in the case of an individual--250 penalty units, or 11
(b) in the case of a corporation--500 penalty units. 12
(4) A person authorised by the Authority for the purposes of this 13
subsection may obliterate or remove any advertising material that 14
is on a building or structure in contravention of this section. 15
(5) A person authorised under subsection (4) may enter: 16
(a) an advertising controlled site to undertake the obliteration 17
or removal referred to in that subsection, and 18
(b) other adjacent premises, if necessary to undertake that 19
obliteration or removal. 20
(6) A person is not entitled under this section to enter a part of 21
premises used only for residential purposes, except with the 22
consent of the occupier of the part. 23
(7) In exercising functions under subsection (4), the person must: 24
(a) cause as little damage as possible, and 25
(b) produce to any person apparently in charge of the premises 26
who requests its production the person's authorisation 27
under that subsection. 28
(8) This section does not apply to the following advertising material: 29
(a) any advertising material: 30
(i) that has an area of not more than one square metre, 31
or 32
(ii) comprising a series of related advertisements that 33
together have an area of not more than one square 34
metre, 35
(b) any advertising material that is exempted from this section 36
by the regulations. 37
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Amendment of World Youth Day Act 2006 Schedule 1
46C Prohibition of certain aerial advertising 1
(1) For the purposes of this section, advertising controlled airspace 2
means airspace that is within unaided sight of the following 3
places: 4
(a) Randwick Racecourse, 5
(b) the Barangaroo site, 6
(c) such other World Youth Day venues or facilities as may be 7
prescribed by the regulations for the purposes of this 8
section, 9
but only during such periods as are prescribed by the regulations 10
in relation to the place (being periods that do not begin before 11
14 July 2008 or end after 20 July 2008). 12
(2) A person must not display an advertisement, or cause an 13
advertisement to be displayed, in advertising controlled airspace, 14
except with the approval of the Authority. 15
Maximum penalty: 2,000 penalty units. 16
(3) An application for the approval of the Authority under this 17
section may be made in such form and manner as is determined 18
by the Authority. 19
(4) The Authority may determine an application by granting the 20
application, unconditionally or subject to conditions, or by 21
refusing the application. 22
(5) For the purposes of this section, the Authority may grant approval 23
to a person, or to classes or descriptions of persons, only if in its 24
opinion the display of the advertisement will not adversely affect 25
the organisation or conduct of any World Youth Day event. 26
(6) The determination of the Authority with respect to an application 27
for approval is final. 28
(7) For the purposes of this section: 29
advertisement includes the following: 30
(a) skywriting or signwriting by an aircraft, 31
(b) a banner, or other sign, towed by or attached to an aircraft, 32
(c) matter displayed on an aircraft, other than its normal 33
markings and livery, 34
(d) matter displayed on a hang glider, parachute, paraglider or 35
similar device, other than its normal markings, or on a 36
banner or sign attached to a hang glider, parachute, 37
paraglider or similar device, 38
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Schedule 1 Amendment of World Youth Day Act 2006
(e) a banner, or other sign, attached to a person suspended 1
from a hang glider, parachute, paraglider or similar device. 2
aircraft includes an airship or a balloon. 3
46D SES and RFS may assist in the provision of government services 4
for World Youth Day events 5
(1) Both the State Emergency Service and the NSW Rural Fire 6
Service have the function of assisting the Authority in the 7
delivery of services for World Youth Day events, including (but 8
not limited to) the following: 9
(a) crowd management services and access control services 10
for venues or facilities, 11
(b) traffic or pedestrian control. 12
(2) The functions referred to in subsection (1) are in addition to any 13
functions conferred or imposed on the State Emergency Service 14
or the NSW Rural Fire Service by or under any other Act or law. 15
(3) Nothing in this section requires the State Emergency Service or 16
the NSW Rural Fire Service, or any member of those Services, to 17
undertake any task or activity without the consent of the 18
Director-General of the State Emergency Service or the 19
Commissioner of the NSW Rural Fire Service (as the case may 20
be). 21
46E Bus services for World Youth Day events 22
(1) Implication of terms into regular bus service contracts 23
A service contract for a regular bus service entered into under the 24
Passenger Transport Act 1990 (whether entered into or renewed 25
before or after the commencement of this section) is taken to 26
include terms to the effect of subsections (2)-(9). 27
(2) Implied terms 28
The Director-General may direct the Operator to provide such 29
services as the Director-General determines are necessary for 30
World Youth Day events. 31
(3) The Director-General may determine a price or prices (on a per 32
kilometre basis) for such services for World Youth Day events 33
(World Youth Day Price). 34
(4) The Operator must provide the services for the World Youth Day 35
events as directed and must: 36
(a) provide to the Director-General for approval a detailed 37
plan of the manner in which it will provide services for 38
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Amendment of World Youth Day Act 2006 Schedule 1
World Youth Day events and invite the Director-General 1
to comment on that plan, and 2
(b) comply with any requirements of the Director-General in 3
relation to the plan referred to in paragraph (a) where the 4
Director-General reasonably believes the plan will not 5
adequately service World Youth Day events, and 6
(c) provide to the Director-General any other information the 7
Director-General requests and that is relevant to the plan 8
referred to in paragraph (a) or the provision of services for 9
World Youth Day events, and 10
(d) ensure that free travel on any service provided by the 11
Operator is provided during such period in July 2008 as is 12
specified by the Director-General to any person, or persons 13
of a class, nominated by the Director-General, and 14
(e) at the end of the month during which services for World 15
Youth Day events were provided, provide a written report 16
to the Director-General detailing, in respect of services for 17
the World Youth Day events provided in the previous 18
month: 19
(i) the World Youth Day Kilometres run to service 20
World Youth Day events, and 21
(ii) the World Youth Day Prices applicable to the World 22
Youth Day Kilometres, and 23
(iii) an estimate of the total number of passengers carried 24
on the services for World Youth Day events, and 25
(iv) any deviation from the plan approved by the 26
Director-General, and 27
(v) any other relevant details regarding the provision of 28
services for World Youth Day events. 29
(5) The Operator is to be paid an amount (World Youth Day 30
Kilometres Payment) that is calculated by multiplying the World 31
Youth Day Kilometres by the applicable World Youth Day Price 32
for each World Youth Day Kilometre. 33
(6) Within 14 days of the end of a calendar month in which the 34
Operator provided World Youth Day Kilometres to the 35
Director-General, the Operator must submit an invoice to the 36
Director-General for the amount due to it under subsection (5). 37
(7) The Director-General must pay the Operator the World Youth 38
Day Kilometres Payment to be made in respect of a calendar 39
month within 30 days of receipt on an invoice from the Operator 40
under subsection (6). 41
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World Youth Day Amendment Bill 2007
Schedule 1 Amendment of World Youth Day Act 2006
(8) Without prejudice to the Director-General's rights under the 1
service contract relating to records or other information, the 2
Director-General may (or may appoint a third party to) inspect 3
and audit the Operator's and any Associated Operator's or related 4
entity's records and accounts to verify the calculation of any 5
World Youth Day Kilometres Payment in respect of a calendar 6
month. 7
(9) The Operator must not claim any amounts in addition to the 8
World Youth Day Kilometres Payment for operating services for 9
World Youth Day events. 10
(10) Effect of implied terms 11
The implied terms set out in subsections (2)-(9) have effect 12
despite any other term or condition of a service contract to which 13
this section applies to the extent of any inconsistency. 14
(11) Any contravention of a term implied in a service contract by this 15
section may be remedied at law or in equity as though the term 16
were an essential term to which the parties had by contract 17
agreed. 18
(12) Interpretation 19
Unless otherwise defined in subsection (13), expressions used in 20
this section that are defined in the Passenger Transport Act 1990 21
have the same meanings as in that Act. 22
(13) In this section: 23
Associated Operator means any subcontractor of the Operator 24
approved by the Director-General in accordance with the service 25
contract. 26
Operator means the holder of the service contract for a regular 27
bus service concerned. 28
related entity has the same meaning as in the Corporations Act 29
2001 of the Commonwealth. 30
World Youth Day Kilometres means the number of kilometres 31
run by the Operator between locations required to service World 32
Youth Day events pursuant to this section. 33
46F Effect of this Act on contracts, instruments and related matters 34
(1) The operation of this Act (and, in particular, any action of any 35
person in compliance with section 46B) is not to be regarded as: 36
(a) a breach of contract or confidence or otherwise as a civil 37
wrong, or 38
(b) a breach of any instrument, or 39
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World Youth Day Amendment Bill 2007
Amendment of World Youth Day Act 2006 Schedule 1
(c) an event of default under any contract or other instrument, 1
or 2
(d) giving rise to any remedy by a party to a contract or other 3
instrument, or as causing or permitting the termination of, 4
or exercise of rights under, any contract or other 5
instrument. 6
(2) Nothing in this section prevents: 7
(a) the Director-General of the Ministry of Transport 8
enforcing any term implied into a service contract for a 9
regular bus service by section 46E, or 10
(b) the Authority bringing proceedings under section 57A, or 11
(c) a person taking such other action, or bringing such other 12
proceedings, of a kind prescribed by the regulations. 13
(3) In this section, instrument does not include a statutory 14
instrument. 15
[15] Section 50 16
Omit the section. Insert instead: 17
50 Compensation not payable in respect of World Youth Day 18
event-related matters 19
(1) Compensation is not payable by or on behalf of: 20
(a) the State or an authority of the State, or 21
(b) a local council, or 22
(c) an officer, employee or agent of the State, an authority of 23
the State or a local council, 24
for an act or omission that is a World Youth Day event-related 25
matter or that arises (directly or indirectly) from a World Youth 26
Day event-related matter. 27
(2) Subsection (1): 28
(a) applies only in respect of acts done or omitted to be done 29
in good faith, and 30
(b) does not apply to acts or omissions that cause personal 31
injury to a person or the death of a person. 32
(3) In this section: 33
compensation includes damages and any other form of monetary 34
compensation. 35
World Youth Day event-related matter means the following: 36
(a) the holding of any World Youth Day event, 37
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World Youth Day Amendment Bill 2007
Schedule 1 Amendment of World Youth Day Act 2006
(b) the administration or purported administration of this Act, 1
(c) the exercise or purported exercise of functions under this 2
Act, 3
but does not include any Randwick Racecourse WYD 4
event-related matter (within the meaning of section 44G). 5
[16] Section 51A 6
Insert after section 51: 7
51A Delegation of Minister's functions 8
(1) The Minister may delegate to an authorised person any function 9
of the Minister conferred or imposed by or under this Act, other 10
than: 11
(a) the Minister's function under section 44E (1), and 12
(b) this power of delegation. 13
(2) A delegate may sub-delegate to an authorised person any 14
function delegated by the Minister if the delegate is authorised in 15
writing to do so by the Minister. 16
(3) In this section, authorised person means: 17
(a) the Authority, or 18
(b) a member of staff of the Authority, or 19
(c) a government agency or member of staff of a government 20
agency, or 21
(d) a person, a person of a class, or committee of persons, 22
approved by the Minister or prescribed by the regulations. 23
(4) Subject to section 44I, the procedure for the calling of meetings 24
of a committee of persons (as referred to in subsection (3) (d)) 25
and for the conduct of business at those meetings is to be as 26
determined by the Minister or (subject to any determination of 27
the Minister) by the committee. 28
[17] Section 57A 29
Insert after section 57: 30
57A Civil proceedings to restrain breaches of this Act and certain 31
agreements 32
(1) The Authority may bring proceedings in the Supreme Court for 33
an order to remedy or restrain the following breaches, whether or 34
not any right of the Authority has been or may be infringed by or 35
as a consequence of that breach: 36
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World Youth Day Amendment Bill 2007
Amendment of World Youth Day Act 2006 Schedule 1
(a) a breach of this Act, 1
(b) a breach of a WYD event agreement (as referred to in 2
section 44A (2)), 3
(c) a breach of any other agreement between the AJC and the 4
State of New South Wales or the Authority, in connection 5
with the use of Randwick Racecourse for the purpose of 6
one or more World Youth Day events, as may be specified 7
in the regulations. 8
(2) If the Court is satisfied that a breach referred to in subsection (1) 9
has been committed or that such a breach may, unless restrained 10
by order of the Court, be committed, it may make such order as it 11
thinks fit to remedy or restrain the breach. 12
(3) Without limiting the powers of the Court under subsection (2), an 13
order made under that subsection may: 14
(a) where the breach relates to a use of any building, work or 15
land--restrain that use, and 16
(b) where the breach involves the conduct of horse training or 17
racing--restrain that conduct, and 18
(c) where the breach is a breach of: 19
(i) an agreement, or 20
(ii) a direction under Part 9A, or 21
(iii) a condition imposed on an authorisation made under 22
section 44E (3) (c), 23
specify actions that must be taken or actions that must 24
cease or be refrained from. 25
(4) The functions of the Court under this section are in addition to 26
and not in derogation from any other functions of the Court. 27
(5) Nothing in this section limits or otherwise affects other remedies 28
that the Authority may have (apart from this section) in relation 29
to a breach of an agreement. 30
(6) In this section: 31
(a) a reference to a breach of an agreement is a reference to: 32
(i) a contravention of or failure to comply with the 33
agreement, and 34
(ii) a threatened or an apprehended contravention of or 35
a threatened or apprehended failure to comply with 36
the agreement, and 37
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World Youth Day Amendment Bill 2007
Schedule 1 Amendment of World Youth Day Act 2006
(b) a reference to a breach of this Act is a reference to: 1
(i) a contravention of or failure to comply with this Act, 2
and 3
(ii) a threatened or an apprehended contravention of or 4
a threatened or apprehended failure to comply with 5
this Act, and 6
(c) a reference to this Act includes a reference to the 7
following: 8
(i) the regulations, 9
(ii) a direction under section 44C, 10
(iii) a condition imposed on an authorisation made under 11
section 44E (3) (c). 12
[18] Section 58 Regulations 13
Insert after section 58 (2) (e): 14
(f) requiring persons to submit to searches of themselves and 15
their articles, vehicles or vessels (including searches 16
conducted by electronic detection devices) as a condition 17
of entry to any World Youth Day venue or facility, 18
(g) excluding persons who refuse to submit to such searches 19
from World Youth Day venues or facilities, 20
(h) the use of Randwick Racecourse for the purpose of one or 21
more World Youth Day events (within the meaning of 22
Part 9A). 23
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World Youth Day Amendment Bill 2007
Amendment of Passenger Transport Act 1990 Schedule 2
Schedule 2 Amendment of Passenger Transport Act 1
1990 2
(Section 4) 3
Schedule 3 Savings and transitional provisions 4
Insert at the end of the Schedule: 5
Part 10 Provisions consequent on enactment of 6
World Youth Day Amendment Act 2007 7
52 Effect of repeal of World Youth Day Act 2006 8
(1) The repeal of the World Youth Day Act 2006 does not affect the 9
continued operation in relation to matters arising before the 10
repeal of that Act of: 11
(a) section 44H (Protection of exercise of certain functions) of 12
that Act, or 13
(b) section 46E (Bus services for World Youth Day events) of 14
that Act, or 15
(c) any other exemption or immunity from, or limitation of, 16
liability under that Act, 17
as in force before that repeal. 18
Note. The World Youth Day Act 2006 is to be repealed on 1 January 19
2009 by section 62 of that Act. 20
(2) The provisions of subclause (1) are in addition to, and do not 21
derogate from, section 30 of the Interpretation Act 1987. 22
Note. Section 30 of the Interpretation Act 1987 provides that the repeal 23
of an Act or statutory rule does not, among other things, affect the 24
previous operation of the Act or statutory rule or anything duly suffered, 25
done or commenced under the Act or statutory rule or affect any right, 26
privilege, obligation or liability acquired, accrued or incurred under the 27
Act or statutory rule. 28
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