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INDY CAR GRAND PRIX AND OTHER LEGISLATION AMENDMENT BILL 2003

        Queensland




INDY CAR GRAND PRIX AND
   OTHER LEGISLATION
  AMENDMENT BILL 2003

 


 

 

Queensland INDY CAR GRAND PRIX AND OTHER LEGISLATION AMENDMENT BILL 2003 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2--AMENDMENT OF INDY CAR GRAND PRIX ACT 1990 3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Replacement of s 1 (Short title). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Amendment of s 3 (Goods taken to be marked with official grand prix insignia) ...................................... 8 8 Replacement of s 4 (Meaning of "motor racing event") . . . . . . . . . . . . . . . . 9 4 Meaning of "motor racing event" . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 Amendment of s 5 (Expiry of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Amendment of s 12 (Certain Acts and laws not to apply). . . . . . . . . . . . . . . 9 11 Amendment of s 14 (Power to remove vehicles left unattended within declared area) ...................................... 10 12 Omission of s 23 (Limited rights of medical and paramedical practitioners) 10 13 Amendment of ss 16-24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14 Amendment of pt 3 (Miscellaneous) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15 Insertion of new pts 3-6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 3--AUTHORISED PERSONS 16 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . 11

 


 

2 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 18 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . 12 20 When authorised person ceases to hold office . . . . . . . . . . . . . . . . . . 12 21 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PART 4--ACCESS TO DECLARED AREA 23 Restricted areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 24 Permitted entrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 25 Exclusion of persons removed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 26 Access to motor racing circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 27 Vehicles and vessels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 28 Occupant's pass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 29 Entry by ticket . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 30 Dealing with occupant's pass or ticket. . . . . . . . . . . . . . . . . . . . . . . . 16 31 Reserved areas, seats and blocks of seats . . . . . . . . . . . . . . . . . . . . . 16 PART 5--CONDUCT IN DECLARED AREA 32 Sign about prohibited activities and items . . . . . . . . . . . . . . . . . . . . . 17 33 No placing posters etc. on structures . . . . . . . . . . . . . . . . . . . . . . . . . 17 34 No distribution of printed matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 35 No erection of structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 36 No animals and birds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 37 No alcoholic beverages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 38 No prohibited objects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 PART 6--POWERS OF AUTHORISED PERSONS 39 Powers of authorised persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 40 Use of reasonable force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 16 Insertion of new ss 41 and 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 41 Offences relating to authorised persons . . . . . . . . . . . . . . . . . . . . . . . 22 42 Return of confiscated items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 17 Amendment of s 45 (Promoter's special property in official grand prix insignia) ........................................ 23 18 Amendment of s 46 (Seizure and forfeiture of goods) . . . . . . . . . . . . . . . . . 23

 


 

3 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 19 Replacement of s 51 (Regulation-making power). . . . . . . . . . . . . . . . . . . . . 24 51 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 20 Replacement of schedule (Subject matters for regulations) . . . . . . . . . . . . . 24 SCHEDULE DICTIONARY PART 3--AMENDMENT OF OTHER ACTS 21 Other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 25 OTHER AMENDMENTS MT GRAVATT SHOWGROUNDS ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . 25 ROYAL NATIONAL AGRICULTURAL AND INDUSTRIAL ASSOCIATION OF QUEENSLAND ACT 1971 . . . . . . . . . . . . . . . . . . . . . 26

 


 

 

2003 A BILL FOR An Act to amend the Indy Car Grand Prix Act 1990, and for other purposes

 


 

s1 6 s5 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 1 Short title Clause 3 This Act may be cited as the Indy Car Grand Prix and Other Legislation 4 Amendment Act 2003. 5 2 Commencement Clause 6 (1) Part 3 commences on assent. 7 (2) The remaining provisions of this Act commence on a day to be fixed 8 by proclamation. 9 PART 2--AMENDMENT OF INDY CAR GRAND PRIX 10 ACT 1990 11 3 Act amended in pt 2 Clause 12 This part amends the Indy Car Grand Prix Act 1990. 13 4 Amendment of title Clause 14 Title, from `Indy'-- 15 omit, insert-- 16 `an annual motoring racing event on the Gold Coast'. 17 5 Replacement of s 1 (Short title) Clause 18 Section 1-- 19 omit, insert-- 20

 


 

s6 7 s6 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 `1 Short title 1 This Act may be cited as the Gold Coast Motor Racing Events 2 Act 1990.'. 3 6 Amendment of s 2 (Definitions) Clause 4 (1) Section 2, `In this Act--'-- 5 omit, insert-- 6 `The dictionary in the schedule defines particular words used in this 7 Act.'. 8 (2) Section 2, definitions "CART", "grand prix insignia", "official grand 9 prix insignia" and "road"-- 10 omit. 11 (3) Section 2-- 12 insert-- 13 ` "approved entrance" means an entrance to the declared area approved 14 by the promoter. 15 "approved exit" means an exit from the declared area approved by the 16 promoter. 17 "authorised person" means a person appointed under section 16. 18 "emergency vehicle" includes the following-- 19 (a) an ambulance; 20 (b) a fire engine; 21 (c) a police vehicle; 22 (d) another vehicle, including a tow truck, helicopter or mobile 23 crane, authorised by the promoter to be used as an emergency 24 vehicle. 25 "motor racing circuit" means the part of the declared area on which a 26 motor racing event takes place. 27 "motor racing event" see section 4. 28 "motor racing insignia" means an expression, whether used in full or in 29 abbreviated form, or in combination with other words or symbols, that 30 can reasonably be taken to refer to a motor racing event. 31

 


 

s7 8 s7 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 "occupant", of the declared area, means a person whose place of business, 1 employment or residence is in the declared area. 2 "occupant's pass" see section 28. 3 "official motor racing insignia" means the logo, an official symbol, an 4 official title or any motor racing insignia for a particular motor racing 5 event. 6 "permitted entrant", of the declared area, means-- 7 (a) a person who is admitted to the declared area-- 8 (i) on the production of a ticket or the payment of an entry fee; 9 or 10 (ii) under an authority issued by the promoter; or 11 (b) the promoter or an agent or employee of the promoter; or 12 (c) the holder of an occupant's pass. 13 "permitted person" means the promoter or a person who is authorised in 14 writing by the promoter to enter and remain in a restricted area. 15 "reserved area" means an area set aside under section 31. 16 "reserved block of seats" means a block of seats set aside under 17 section 31. 18 "reserved seat" means a seat set aside under section 31. 19 "reserved ticket" see section 31. 20 "restricted area" means an area designated by signs under section 23. 21 "road" see the Transport Operations (Road Use Management) Act 1995, 22 schedule 4, dictionary, definition "road". 23 "ticket" means a pass or other document issued by the promoter under 24 section 29 but does not include an occupant's pass.'. 25 (4) Section 2, definitions, as amended-- 26 relocate to the schedule as inserted by this Act. 27 7 Amendment of s 3 (Goods taken to be marked with official Clause 28 grand prix insignia) 29 (1) Section 3, heading, `grand prix'-- 30

 


 

s8 9 s 10 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 omit, insert-- 1 `motor racing'. 2 (2) Section 3, `grand prix'-- 3 omit, insert-- 4 `motor racing'. 5 8 Replacement of s 4 (Meaning of "motor racing event") Clause 6 Section 4-- 7 omit, insert-- 8 `4 Meaning of "motor racing event" 9 `A "motor racing event" is a motor car race that takes place in a 10 declared area during a declared period and includes the following held in 11 conjunction or associated with the race-- 12 (a) practice and qualifying sessions; 13 (b) parades and demonstrations; 14 (c) other motor race and practice sessions; 15 (d) other activities, events and promotions, whether or not involving 16 motor racing.'. 17 9 Amendment of s 5 (Expiry of Act) Clause 18 Section 5, `2003'-- 19 omit insert-- 20 `2010'. 21 10 Amendment of s 12 (Certain Acts and laws not to apply) Clause 22 (1) Section 12(1), `Noise Abatement Act 1978'-- 23 omit, insert-- 24 `Environmental Protection Act 1994'. 25 (2) Section 12(4), `Building Act 1975 and the Beach Protection 26 Act 1968'-- 27

 


 

s 11 10 s 13 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 omit, insert-- 1 `Building Act 1975, the Beach Protection Act 1968, the Coastal 2 Protection and Management Act 1995 and the Integrated Planning 3 Act 1997'. 4 11 Amendment of s 14 (Power to remove vehicles left unattended Clause 5 within declared area) 6 (1) Section 14(1)(b)-- 7 omit, insert-- 8 `(b) the period, immediately before and after the declared period, 9 declared by the Minister by gazette notice for constructing and 10 dismantling works required for the motor racing event;'. 11 (2) Section 14-- 12 insert-- 13 `(1A) Details of the period, declared by the Minister under 14 subsection (1)(b), and the effect of the declaration, must be published-- 15 (a) in a newspaper circulating in the declared area; and 16 (b) in a newspaper circulating generally in the State.'. 17 (3) Section 14(10), `Transport Infrastructure (Roads) Act 1991'-- 18 omit, insert-- 19 `Transport Operations (Road Use Management) Act 1995'. 20 12 Omission of s 23 (Limited rights of medical and paramedical Clause 21 practitioners) 22 Section 23-- 23 omit. 24 13 Amendment of ss 16-24 Clause 25 Sections 16 to 24-- 26 renumber as sections 43 to 51. 27

 


 

s 14 11 s 15 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 14 Amendment of pt 3 (Miscellaneous) Clause 1 Part 3, heading-- 2 renumber as part 7. 3 15 Insertion of new pts 3-6 Clause 4 After section 15-- 5 insert-- 6 `PART 3--AUTHORISED PERSONS 7 `16 Appointment and qualifications 8 `(1) The promoter may appoint any number of persons, including police 9 officers, as authorised persons. 10 `(2) However, the promoter may appoint a person as an authorised 11 person only if the promoter is satisfied the person is qualified for 12 appointment because the person has the necessary expertise or experience. 13 `(3) For the Police Powers and Responsibilities Act 2000,1 an authorised 14 person is a public official. 15 `17 Appointment conditions and limit on powers 16 `(1) An authorised person holds office on the conditions stated in-- 17 (a) the authorised persons's instrument of appointment; or 18 (b) a signed notice given to the authorised person; or 19 (c) a regulation. 20 `(2) The instrument of appointment, a signed notice given to the 21 authorised person or a regulation may limit the authorised person's powers 22 under this Act. 23 `(3) Subsections (1) and (2) do not affect the powers of a police officer 24 under the Police Powers and Responsibilities Act 2000 or any other law of 25 the State. 26 1 See the Police Powers and Responsibilities Act 2000, sections 11 to 13.

 


 

s 15 12 s 15 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 `(4) In this section-- 1 "signed notice" means a notice signed by the promoter. 2 `18 Issue of identity card 3 `(1) The promoter must issue an identity card to each authorised person. 4 `(2) The identity card must-- 5 (a) contain a recent photo of the authorised person; and 6 (b) contain a copy of the authorised person's signature; and 7 (c) identify the person as an authorised person under this Act; and 8 (d) state the expiry date for the card. 9 `(3) This section does not prevent the issue of a single identity card to a 10 person for this Act and other purposes. 11 `19 Production or display of identity card 12 `(1) In exercising a power under this Act in relation to another person, an 13 authorised person must-- 14 (a) produce the authorised person's identity card for the other 15 person's inspection before exercising the power; or 16 (b) have the identity card displayed so it is clearly visible to the other 17 person when exercising the power. 18 `(2) However, if it is not practicable to comply with subsection (1), the 19 authorised person must produce the identity card for the other person's 20 inspection at the first reasonable opportunity. 21 `20 When authorised person ceases to hold office 22 `(1) An authorised person ceases to hold office if any of the following 23 happens-- 24 (a) the term of office stated as a condition of office ends; 25 (b) under another condition of office, the authorised person ceases to 26 hold office; 27 (c) the authorised person's resignation under section 21 takes effect. 28

 


 

s 15 13 s 15 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 `(2) Subsection (1) does not limit the ways an authorised person may 1 cease to hold office. 2 `(3) In this section-- 3 "condition of office" means a condition on which the authorised person 4 holds office. 5 `21 Resignation 6 `An authorised person may resign by signed notice given to the 7 promoter. 8 `22 Return of identity card 9 `A person who ceases to be an authorised person must return the person's 10 identity card to the promoter within 21 days after ceasing to be an 11 authorised person unless the person has a reasonable excuse. 12 Maximum penalty--20 penalty units. 13 `PART 4--ACCESS TO DECLARED AREA 14 `23 Restricted areas 15 `(1) The promoter may, within the declared area, place signs marked 16 `restricted area' to designate a restricted area. 17 `(2) A person, other than a permitted person, must not enter or remain in 18 a restricted area during the declared period. 19 Maximum penalty for subsection (2)--20 penalty units. 20 `24 Permitted entrants 21 `(1) A person, other than a permitted entrant, must not enter or remain in 22 the declared area during the declared period. 23 Maximum penalty--20 penalty units. 24 `(2) A permitted entrant must not-- 25

 


 

s 15 14 s 15 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 (a) enter the declared area other than through an approved entrance; 1 or 2 (b) leave the declared area other than through an approved exit. 3 Maximum penalty--20 penalty units. 4 `(3) Subsection (1) does not apply to a person authorised, under another 5 Act, to enter the declared area. 6 7 Examples for subsection (3)-- 8 A police officer, a health or liquor licensing inspector, a fire service officer or an 9 ambulance officer `25 Exclusion of persons removed 10 `(1) A person, other than the holder of an occupant's pass, who is 11 removed from the area under section 39 or another Act, must not again 12 enter or attempt to enter the area on the day the person is removed. 13 Maximum penalty--20 penalty units. 14 `(2) The holder of an occupant's pass, who is removed from the area 15 under section 39 or another Act, must not again enter or attempt to enter the 16 area between 10 a.m. and 5 p.m. on the day the holder is removed. 17 Maximum penalty--20 penalty units. 18 `26 Access to motor racing circuit 19 `(1) A person, other than the holder of an occupant's pass, must not enter 20 the motor racing circuit during the declared period unless the person is-- 21 (a) the driver of a racing car; or 22 (b) the driver of, or a person authorised by the promoter to be a 23 passenger in-- 24 (i) a vehicle used to service, load or carry a racing car; or 25 (ii) an emergency vehicle; or 26 (iii) a vehicle authorised by the promoter to enter the motor 27 racing circuit; or 28 (c) a person authorised by the promoter to enter the motor racing 29 circuit. 30

 


 

s 15 15 s 15 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 Maximum penalty--20 penalty units. 1 `(2) The holder of an occupant's pass must not enter the motor racing 2 circuit-- 3 (a) if a motor racing event is taking place; or 4 (b) if a motor racing event is not taking place but the promoter has 5 reasonably closed off the motor racing circuit. 6 Maximum penalty--20 penalty units. 7 `27 Vehicles and vessels 8 `(1) A person must not drive or bring a vehicle or vessel into the declared 9 area during the declared period without the consent of the promoter. 10 Maximum penalty--20 penalty units. 11 `(2) Subsection (1) does not apply to a person authorised, under another 12 Act, to be in the declared area during the declared period. 13 14 Examples for subsection (2)-- 15 A police officer, a health or liquor licensing inspector, a fire service officer or an 16 ambulance officer `28 Occupant's pass 17 `(1) An occupant of the declared area may apply to the promoter for a 18 pass entitling the occupant to enter and remain in the declared area during 19 the declared period (an "occupant's pass"). 20 `(2) The application must be in writing in the form approved by the 21 promoter. 22 `(3) The promoter must grant the application if the promoter is satisfied 23 the applicant requires access to the declared area during the declared 24 period-- 25 (a) for the ordinary use and enjoyment of the applicant's place of 26 residence or business; or 27 (b) to enable the applicant to travel to or from the applicant's place 28 of residence or business; or 29 (c) to enable the applicant to travel to or from the applicant's place 30 of employment to engage in employment. 31

 


 

s 15 16 s 15 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 `(4) An occupant's pass may be issued subject to conditions, including a 1 condition limiting the period or periods for which the pass is valid to the 2 days and times stated on the pass. 3 `29 Entry by ticket 4 `(1) The promoter may issue a ticket and charge a fee for entry into the 5 declared area during the declared period. 6 `(2) A ticket entitles the holder to enter the declared area during the 7 declared period on the days and at the times stated on the ticket. 8 `30 Dealing with occupant's pass or ticket 9 `(1) An occupant's pass or a ticket is not transferable. 10 `(2) The holder of an occupant's pass or a ticket must not-- 11 (a) lend or give the pass or ticket to another person; or 12 (b) offer or attempt to sell the pass or ticket; or 13 (c) sell the pass or ticket. 14 Maximum penalty--20 penalty units. 15 `(3) A person must not sell or attempt to sell a document that is an 16 imitation of, or could be taken to be, an occupant's pass or ticket. 17 Maximum penalty--20 penalty units. 18 `31 Reserved areas, seats and blocks of seats 19 `(1) The promoter may, within the declared area, set aside areas, seats 20 and blocks of seats as reserved areas, reserved seats and reserved blocks of 21 seats. 22 `(2) The promoter may issue a ticket (a "reserved ticket") entitling the 23 holder of the reserved ticket to-- 24 (a) enter and remain in a reserved area; or 25 (b) occupy a reserved seat; or 26 (c) occupy a seat in a reserved block of seats. 27

 


 

s 15 17 s 15 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 `(3) Reserved areas, seats and blocks of seats must be clearly marked to 1 distinguish them from other areas, seats and blocks of seats. 2 `(4) A person who is not the holder of a reserved ticket must not-- 3 (a) enter or remain in a reserved area; or 4 (b) occupy a reserved seat. 5 Maximum penalty for subsection (4)--20 penalty units. 6 `PART 5--CONDUCT IN DECLARED AREA 7 `32 Sign about prohibited activities and items 8 `(1) Before a declared period begins, the promoter must erect a sign 9 outside each approved entrance warning persons entering the declared area 10 about-- 11 (a) the activities that, under this part, may not take place in the 12 declared area during the declared period; and 13 (b) the items that, under section 39, may be confiscated if taken into 14 the declared area during the declared period. 15 `(2) For the purposes of this part, if a sign warning about an activity or 16 item mentioned in subsection (1) is not erected outside an approved 17 entrance that a person uses to enter the declared area, it is taken that the 18 person has the consent of the promoter to carry out the activity in, or take 19 the items into, the declared area during the declared period. 20 `33 No placing posters etc. on structures 21 `(1) A person must not place a placard, poster, advertisement or other 22 thing on a building, fence or other structure in the declared area during the 23 declared period without the consent of the promoter. 24 Maximum penalty--20 penalty units. 25 `(2) In subsection (1)-- 26 "place" includes paste, stick, nail or, in any other way, position. 27

 


 

s 15 18 s 15 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 `34 No distribution of printed matter 1 `A person must not distribute printed matter in the declared area between 2 7 a.m. and 7 p.m. on any day during the declared period without the 3 consent of the promoter. 4 Maximum penalty--20 penalty units. 5 `35 No erection of structures 6 `(1) Subsection (2) applies-- 7 (a) during the declared period; and 8 (b) during the period, immediately before the declared period, 9 declared by the Minister under section 14(1)(b). 10 `(2) A person must not, without the consent of the promoter-- 11 (a) erect, in the declared area, a structure that could be used to view 12 the motor racing event; or 13 (b) bring into the declared area material that could be used to erect a 14 structure mentioned in paragraph (a). 15 Maximum penalty--70 penalty units. 16 `36 No animals and birds 17 `(1) A person must not bring an animal or bird into the declared area 18 during the declared period without the consent of the promoter. 19 Maximum penalty--20 penalty units. 20 `(2) Subsection (1)-- 21 (a) does not apply to the holder of an occupant's pass whose place of 22 residence is in the declared area; and 23 (b) does not prevent a blind or deaf person being accompanied by a 24 guide dog. 25 `37 No alcoholic beverages 26 `(1) A person must not bring an alcoholic beverage into the declared area 27 during the declared period without the consent of the promoter. 28

 


 

s 15 19 s 15 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 Maximum penalty--20 penalty units. 1 `(2) Subsection (1) does not apply to-- 2 (a) the holder of a licence under the Liquor Act 1992 authorising the 3 sale of alcoholic beverages from premises in the declared area 4 during the declared period; or 5 (b) an employee or agent of the licence holder mentioned in 6 paragraph (a), acting in the ordinary course of the employee or 7 agent's employment; or 8 (c) an occupant of the declared area who brings an alcoholic 9 beverage into the declared area for consumption in the 10 occupant's place of residence. 11 `(3) A person must not supply or consume an alcoholic beverage in the 12 declared area during the declared period other than-- 13 (a) in premises from which the sale of alcoholic beverages is 14 authorised under a licence under the Liquor Act 1992; or 15 (b) in a residence; or 16 (c) in a part of the declared area designated as a refreshment area by 17 all the signs required under subsection (4). 18 Maximum penalty for subsection (3)--20 penalty units. 19 `(4) For subsection (3)(c), the promoter must-- 20 (a) place signs marked `refreshment area' to designate a refreshment 21 area; and 22 (b) within a refreshment area and at every exit from a refreshment 23 area, place signs marked `no alcoholic beverage is to be removed 24 from this area or consumed outside this area'. 25 `38 No prohibited objects 26 `(1) The object of this section is to empower the promoter to ensure the 27 safety of persons and property within the declared area by stopping 28 anything being brought into the area that might, or might be used to, 29 endanger persons or property. 30 `(2) Without limiting section 36 or 37, the promoter may, on the sign 31 erected under section 32, state that a person may not bring into the declared 32

 


 

s 15 20 s 15 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 area during the declared period an item stated on the sign (a "prohibited 1 object"). 2 `(3) A person must not bring a prohibited object into the declared area 3 during the declared period without the consent of the promoter. 4 Maximum penalty--20 penalty units. 5 `PART 6--POWERS OF AUTHORISED PERSONS 6 `39 Powers of authorised persons 7 `(1) An authorised person may, during a declared period-- 8 (a) prevent another person-- 9 (i) from entering the declared area if the other person is not a 10 permitted entrant; or 11 (ii) from entering the declared area other than through an 12 approved entrance; or 13 (iii) from leaving the declared area other than through an 14 approved exit; or 15 (iv) from entering a restricted area if the other person is not a 16 permitted person; or 17 (b) require-- 18 (i) a person entering the declared area to produce for inspection 19 by the authorised person any container the person intends 20 taking into the declared area; or 21 (ii) a person in the declared area to produce evidence 22 satisfactory to the authorised person that the person is a 23 permitted entrant; or 24 (iii) the following persons to state their full name and address 25 and to produce evidence satisfactory to the authorised 26 person of the correctness of the name and address-- 27 (A) a person found committing an offence against this Act; 28

 


 

s 15 21 s 15 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 (B) a person the authorised person reasonably suspects has 1 committed an offence against this Act; or 2 (c) remove-- 3 (i) from the declared area a person-- 4 (A) who has entered the area in contravention of 5 section 24; or 6 (B) who fails to produce evidence satisfactory to the 7 authorised person that the person is a permitted 8 entrant; or 9 (C) who the authorised person finds committing an offence 10 against this Act; or 11 (D) who the authorised person reasonably suspects has, on 12 that day, committed an offence against this Act; or 13 (ii) from the declared area any animal or bird brought into the 14 area in contravention of section 36; or 15 (iii) from a restricted area any person who is not a permitted 16 person; or 17 (iv) from a reserved area, a reserved seat or a seat in a reserved 18 block of seats, a person who does not hold a reserved ticket; 19 or 20 (d) remove and confiscate anything placed on a structure in 21 contravention of section 33; or 22 (e) confiscate-- 23 (i) a document that is an imitation of, or could be taken to be, 24 an occupant's pass or ticket; or 25 (ii) any printed matter distributed in the declared area in 26 contravention of section 34; or 27 (iii) any material that could be used to erect a structure, brought 28 into the declared area in contravention of section 35; or 29 (iv) any alcoholic beverage found in the possession of a person 30 entering the declared area if bringing the beverage into the 31 declared area would be in contravention of section 37(1); or 32 (v) any alcoholic beverage found in the possession of a person 33 in a part of the declared area where the supply or 34

 


 

s 16 22 s 16 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 consumption of alcoholic beverages is not permitted under 1 section 37(3); or 2 (vi) any prohibited object brought into the declared area in 3 contravention of section 38; or 4 (f) dismantle any structure erected in the declared area in 5 contravention of section 35. 6 `(2) If an authorised person confiscates an item, the authorised person 7 must give the person from whom the item was confiscated, a voucher to 8 enable the person to apply to the promoter for return of the item. 9 `(3) If a voucher is not given to a person from whom an item is 10 confiscated, the confiscation is invalid. 11 `40 Use of reasonable force 12 `An authorised person may use the force that is reasonably necessary to 13 perform the authorised person's functions or to exercise the authorised 14 person's powers under this Act.'. 15 16 Insertion of new ss 41 and 42 Clause 16 Part 7, as renumbered-- 17 insert-- 18 `41 Offences relating to authorised persons 19 `(1) A person must not obstruct an authorised person in the performance 20 of the authorised person's functions or the exercise of the authorised 21 person's powers under this Act. 22 Maximum penalty--20 penalty units. 23 `(2) A person must not pretend to be an authorised person. 24 Maximum penalty--20 penalty units. 25 `(3) In subsection (1)-- 26 "obstruct" includes hinder, resist and attempt to obstruct. 27

 


 

s 17 23 s 18 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 `42 Return of confiscated items 1 `(1) Within 3 months after the end of the declared period, a person from 2 whom an item was confiscated under section 39 may apply to the promoter 3 for the return of the item. 4 `(2) The person must-- 5 (a) present to the promoter the voucher given under section 39; and 6 (b) give the person's name and address; and 7 (c) on receipt of the item, sign an acknowledgement of receipt. 8 `(3) If a confiscated item is not claimed within 3 months after the end of 9 the declared period, the promoter may dispose of the item and, if the 10 disposal is by sale, retain the proceeds of the sale.'. 11 17 Amendment of s 45 (Promoter's special property in official Clause 12 grand prix insignia) 13 (1) Section 45, as renumbered, heading, `grand prix'-- 14 omit, insert-- 15 `motor racing'. 16 (2) Section 45(1), (2)(a) and (b) and (3), as renumbered, `grand prix'-- 17 omit insert-- 18 `motor racing'. 19 18 Amendment of s 46 (Seizure and forfeiture of goods) Clause 20 (1) Section 46(1)(a), as renumbered, `grand prix'-- 21 omit, insert-- 22 `motor racing'. 23 (2) Section 46(2)(a), as renumbered, `18'-- 24 omit, insert-- 25 `45'. 26

 


 

s 19 24 s 21 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 19 Replacement of s 51 (Regulation-making power) Clause 1 Section 51, as renumbered-- 2 omit, insert-- 3 `51 Regulation-making power 4 `(1) The Governor in council may make regulations under this Act. 5 `(2) A regulation may provide for any 1 or more of the following-- 6 (a) access to the declared area and conditions about the access; 7 (b) the behaviour of persons in the declared area; 8 (c) fees payable under this Act, including fees for entry to the 9 declared area or part of the declared area; 10 (d) a maximum penalty of 20 penalty units for a contravention of the 11 regulation.'. 12 20 Replacement of schedule (Subject matters for regulations) Clause 13 Schedule-- 14 omit, insert-- 15 `SCHEDULE 16 `DICTIONARY 17 section 2'. 18 PART 3--AMENDMENT OF OTHER ACTS 19 21 Other Acts Clause 20 The schedule amends the Acts it mentions. 21

 


 

25 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 SCHEDULE 1 OTHER AMENDMENTS 2 section 21 3 MT GRAVATT SHOWGROUNDS ACT 1988 4 1 Preamble-- 5 omit. 6 2 Section 4, definition "showgrounds", `schedule 3' to `use as 7 road'-- 8 omit, insert-- 9 `the schedule'. 10 3 Section 18, `Upon' to `road shall be'-- 11 omit, insert-- 12 `The land described in the schedule is'. 13 4 Section 28, heading-- 14 omit, insert-- 15 `28 Regulation-making power'. 16 5 Schedules 1 to 3-- 17 omit, insert-- 18

 


 

26 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 SCHEDULE (continued) `SCHEDULE 1 `TRUST LAND 2 sections 4 and 18 3 `1. Lot 1 on RP 140827, situated in the County of Stanley, Parish of Bulimba, City of Brisbane, and containing an area of 5.252 ha 2. Lot 2 on RP 140827, situated in the County of Stanley, Parish of Bulimba, City of Brisbane, and containing an area of 5.792 ha'. ROYAL NATIONAL AGRICULTURAL AND 4 INDUSTRIAL ASSOCIATION OF QUEENSLAND 5 ACT 1971 6 1 Section 1, heading, `and commencement'-- 7 omit. 8 2 Section 1(2)-- 9 omit. 10

 


 

27 Indy Car Grand Prix and Other Legislation Amendment Bill 2003 SCHEDULE (continued) 3 Section 21, heading-- 1 omit, insert-- 2 `21 Regulation-making power'. 3 4 Part 5, heading-- 4 omit. 5 � State of Queensland 2003

 


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