Australian Grands Prix Act 1994

4 Meaning of marked with grand prix insignia

For the purposes of this Act, goods are deemed to be marked with grand prix insignia if grand prix insignia are affixed or annexed to, marked on, or incorporated in or with—

(a) the goods; or

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

(c) anything placed in or attached to any such covering or container; or

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

5 Act to bind Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

6 Extra-territorial operation

It is the intention of the Parliament that the operation of sections 44 and 45 should, as far as possible, include operation in relation to acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia.

Part 2—Australian Grand Prix Corporation

Division 1—The Corporation

7 Establishment of Corporation

(1) There is established an Australian Grand Prix Corporation.

(2) The Corporation—

(a) is a body corporate with perpetual succession;

(b) has a common seal;

(c) may sue and be sued in its corporate name;

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all acts and things that a body corporate may by law do and suffer.

(3) The common seal of the Corporation must be kept as directed by the Corporation and must only be used as authorised by the Corporation.

(4) All courts must take judicial notice of the common seal of the Corporation on a document and, until the contrary is proved, must presume that it was duly affixed.

8 Corporation holds property on behalf of Crown

The Corporation is a public authority which does not represent the Crown but holds its property on behalf of the Crown.

9 Corporation to be subject to control of Minister

In the performance of its functions and exercise of its powers, the Corporation is subject to the direction and control of the Minister.

10 Membership

(1) The Corporation consists of not less than 5 and not more than 9 members appointed by the Governor in Council.

(2) The Governor in Council must appoint one of the members as a chairperson of the Corporation and may appoint another of the members as deputy chairperson of the Corporation.

(3) A member is appointed for the term, not exceeding 3 years, specified in the instrument of appointment, but is eligible for reappointment.

(4) A member holds office, subject to this Act, on such terms and conditions, as to payment of allowances and expenses or any other matter, as are determined by the Governor in Council.

S. 10(5) amended by No. 46/1998
s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 18), 80/2006 s. 26(Sch. item 5).

(5) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Corporation in respect of the office of member.

11 Vacancies, resignations, removal from office

(1) The office of a member becomes vacant if the member—

(a) without the Corporation's approval, fails to attend 3 consecutive meetings of the Corporation; or

S. 11(1)(b) amended by No. 39/2025 s. 16.

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit; or

(c) is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence.

(2) A member may resign by writing delivered to the Minister.

(3) The Governor in Council may remove a member, or all members, from office.

12 Acting appointments

S. 12(1) amended by No. 39/2025 s. 17(1).

(1) The Minister may appoint a person to act in the place of a member who is absent or who, for any other reason, is unable to perform the duties of the office.

S. 12(2) amended by No. 39/2025 s. 17(1).

(2) An acting appointment is for the term, and on the conditions, including conditions as to payment of allowances and expenses, determined by the Minister.

S. 12(3) amended by No. 39/2025 s. 17(2).

(3) A person appointed under subsection (1) has all the powers and may perform all the duties of the member for whom the person is acting.

S. 12(4) amended by No. 39/2025 s. 17(3).

(4) The Minister may at any time terminate an acting appointment.

S. 12A inserted by No. 39/2025 s. 18.

12A Acting chairperson

(1) The Minister may appoint a member to act as chairperson of the Corporation if—

(a) the office of chairperson is vacant; or

(b) the chairperson is absent or unable to perform the duties of that office for any reason.

(2) An appointment under subsection (1) is for the term determined by the Minister.

(3) The acting chairperson—

(a) has all the powers of the chairperson; and

(b) may perform all the duties of the chairperson; and

(c) is entitled to receive the same allowances and expenses as the chairperson.

(4) The Minister, at any time, may terminate an appointment under subsection (1).

(5) An appointment under subsection (1) does not constitute a vacancy in the office of member under section 11(1), a resignation under section 11(2) or a removal under section 11(3).

13 Disclosure of interests

(1) If—

(a) a member has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Corporation; and

(b) the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter—

the member, as soon as practicable after the relevant facts come to the member's knowledge, must disclose the nature of the interest at a meeting of the Corporation.

(2) A disclosure under subsection (1) must be recorded in the minutes of the meeting and the member—

(a) must not be present during any deliberation of the Corporation in relation to the matter; and

(b) must not take part in any decision of the Corporation in relation to the matter.

(3) Subsection (1) does not apply in relation to a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions.

S. 14 substituted by No. 39/2025 s. 19.

14 Person to preside at meetings

At a meeting of the Corporation—

(a) if the chairperson is present, the chairperson must preside; or

(b) if the chairperson is not present and there is an acting chairperson, the acting chairperson must preside; or

(c) if the chairperson is not present and there is no acting chairperson, the deputy chairperson must preside; or

(d) if the chairperson is not present and there is no acting chairperson or deputy chairperson, a member appointed by the members present must preside.

15 Proceedings of the Corporation

(1) One half of the members for the time being appointed to the Corporation constitute a quorum of the Corporation.

(2) A question arising at a meeting shall be determined by a majority of votes of the members present who are eligible to vote, and vote, on that question and, if voting is equal, the chairperson or other member presiding, has a casting as well as a deliberative, vote.

(3) The Corporation must ensure that accurate minutes are kept of its meetings.

(4) Subject to this Act, the Corporation may regulate its own proceedings.

16 Resolutions without meetings

S. 16(1) amended by No. 87/1995 s. 7(1)(a)(b).

(1) If—

(a) the Corporation has taken reasonable steps to give notice to each member for the time being setting out the terms of a proposed resolution; and

(b) a majority of members for the time being sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—

a resolution in those terms is deemed to have been passed at a meeting of the Corporation held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those members signs the document.

(2) If a resolution is, under subsection (1), deemed to have been passed at a meeting of the Corporation, each member must as soon as practicable be advised of the matter and given a copy of the resolution.

(3) For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, is deemed to constitute one document.

17 Validity of decisions

An act or decision of the Corporation is not invalid—

(a) by reason only—

(i) of a defect or irregularity in, or in connection with, the appointment of a member; or

(ii) of a vacancy in the office of a member; or

(b) on the ground that the occasion for an acting member to act had not arisen or had ceased.

18 Immunity

(1) A member or the chief executive officer of the Corporation or a delegate of the Corporation is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—

(a) in the exercise of a power or the performance of a function or duty under this Act; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function or duty under this Act.

(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to a member, the chief executive officer or a delegate, attaches instead to the Corporation.

19 Chief executive officer

(1) The Corporation may appoint a person approved by the Minister as the chief executive officer of the Corporation.

(2) A chief executive officer holds office for such term, not exceeding 3 years, and on such other terms and conditions, as are determined by the Corporation and specified in the instrument of appointment.

Division 2—Functions and powers

20 Functions

The functions of the Corporation are—

(a) to negotiate, enter into and vary agreements under which Formula One events are held;

S. 20(b) substituted by No. 87/1995 s. 7(2).

(b) to undertake and facilitate the organisation, conduct, management and promotion of Formula One events and Australian Motorcycle Grand Prix events;

(c) to establish at Albert Park a temporary motor racing circuit and supporting facilities for Formula One events;

(d) to do all other things necessary for or in connection with the conduct and financial and commercial management of each Formula One event promoted by the Corporation;

(e) with the consent of the Minister, to negotiate and enter into an agreement for the holding of, and to undertake the organisation, conduct, management and promotion of, a motor sport event approved by the Minister;

S. 20(ea) inserted by No. 39/2025 s. 20.

(ea) with the consent of the Minister, to negotiate and enter into an agreement for the holding of, and to undertake the organisation, conduct, management and promotion of, an event (other than a motor sport event or a Formula One event) approved by the Minister;

S. 20(f) amended by No. 19/2003 s. 29(1).

(f) such other functions as are conferred on the Corporation under this Act or any other Act.

21 Powers

S. 21(1) amended by No. 19/2003 s. 29(2).

(1) For the purpose of performing its functions, the Corporation, in addition to all other powers conferred on it by this Act or any other Act—

S. 21(1)(a) amended by No. 87/1995 s. 7(3)(a).

(a) may, subject to this Act, carry out works at Albert Park, in a designated access area or, in accordance with arrangements entered into between the Corporation and the owners of the Phillip Island Grand Prix circuit, at the circuit;

S. 21(1)(aa) inserted by No. 87/1995 s. 7(3)(b).

(aa) may, subject to this Act, establish sporting facilities and sporting services;

S. 21(1)(ab) inserted by No. 87/1995 s. 7(3)(b), amended by No. 39/2025 s. 21(a).

(ab) may, subject to this Act, establish supporting facilities, services and activities in connection with the holding of—

S. 21(1)(ab)(i) inserted by No. 39/2025 s. 21(a).

(i) a Formula One event; or

S. 21(1)(ab)(ii) inserted by No. 39/2025 s. 21(a).

(ii) an Australian Motorcycle Grand Prix event; or

S. 21(1)(ab)(iii) inserted by No. 39/2025 s. 21(a).

(iii) an approved event;

S. 21(1)(ac) inserted by No. 87/1995 s. 7(3)(b).

(ac) may promote Melbourne and Victoria as tourist destinations;

(b) may carry on advertising and promotional activities;

S. 21(1)(c) amended by Nos 87/1995 s. 7(3)(c), 39/2025 s. 5(a).

(c) may charge and collect fees for admission, during the race period in respect of a year, to any part of the declared area in respect of that year that is not a public access area or to a designated access area;

S. 21(1)(ca) inserted by No. 39/2025 s. 21(b).

(ca) may charge and collect fees for admission to an approved event;

S. 21(1)(d) amended by Nos 87/1995 s. 7(3)(c), 39/2025 s. 5(b).

(d) during the race period in respect of a year, may control admission to any part of the declared area in respect of that year that is not a public access area or to a designated access area;

S. 21(1)(da) inserted by No. 87/1995 s. 7(3)(d).

(da) may charge and collect fees for admission to, and control admission to, the Phillip Island Grand Prix circuit for Australian Motorcycle Grand Prix events, in accordance with arrangements entered into between the Corporation and the owners of the circuit;

S. 21(1)(e) amended by Nos 87/1995 s. 7(3)(e), 39/2025 s. 21(c).

(e) may publish or produce books, programs, brochures, maps or any other printed material, films, videotapes, souvenirs, apparel or other things relating to—

S. 21(1)(e)(i) inserted by No. 39/2025 s. 21(c).

(i) a Formula One event; or

S. 21(1)(e)(ii) inserted by No. 39/2025 s. 21(c).

(ii) an Australian Motorcycle Grand Prix event; or

S. 21(1)(e)(iii) inserted by No. 39/2025 s. 21(c).

(iii) a motor sport event; or

S. 21(1)(e)(iv) inserted by No. 39/2025 s. 21(c).

(iv) an approved event;

(f) may display, exhibit, sell or supply food and beverages, books, programs, brochures, maps or any other printed material, films, videotapes, souvenirs, apparel or any other goods or services;

(g) may employ or engage staff or consultants;

(h) may provide consultancy, advisory and project management services;

S. 21(1)(i) amended by No. 87/1995 s. 7(3)(f).

(i) may grant, for free or other consideration advertising rights, sponsorship rights, broadcasting rights or television rights or any other rights, licences or concessions in connection with—

(i) Formula One events promoted by the Corporation; or

S. 21(1)(i)(ii) amended by No. 39/2025 s. 21(d)(i).

(ii) Australian Motorcycle Grand Prix events; or

S. 21(1)(i)(iii) inserted by No. 39/2025 s. 21(d)(ii).

(iii) approved events;

(j) may restrict, control and make charges for the use of grand prix insignia;

(k) may take out policies of insurance;

(l) may acquire and hold any licence under any Act;

S. 21(1)(la) inserted by No. 87/1995 s. 7(3)(g).

(la) may enter into leases;

S. 21(1)(lb) inserted by No. 87/1995 s. 7(3)(g).

(lb) may acquire, or dispose of, real or personal property;

(m) with the approval of the Minister, may acquire or assume assets, rights and liabilities of Melbourne Grand Prix Promotions Pty Ltd A.C.N. 059 230 278;

(n) may appoint agents and attorneys, and act as agent;

(o) may do all other things necessary or convenient to be done for or, in connection with, or as incidental to, the performance of its functions.

(2) Without limiting the generality of powers conferred on it, the Corporation—

(a) may, with the approval of the Minister, after consultation with the Treasurer, be a member of a body corporate, association, partnership, trust or other body;

(b) may, with the approval of the Minister, after consultation with the Treasurer, form, or participate in the formation of, a body corporate, association, partnership, trust or other body;

(c) may, with the approval of the Minister, after consultation with the Treasurer, enter into a joint venture with another person or other persons;

(d) may accept gifts, grants, bequests and devises.

(3) The Corporation must not provide a guarantee or indemnity without the approval in writing of the Treasurer or of a person authorised in writing by the Treasurer to give an approval under this subsection.

22 Delegation

The Corporation may, by instrument under its common seal, delegate to a member or to the chief executive officer of the Corporation or, with the approval of the Minister, to any other person or body, any power of the Corporation, other than this power of delegation.

Division 3—Financial

23 Money of Corporation

(1) All money received by the Corporation must be paid into a banking account established by the Corporation.

(2) Except as authorised by the Treasurer and the Minister, no money shall be expended by the Corporation except in accordance with a budget approved by the Treasurer and the Minister.

24 Borrowing, investing and other financial powers

(1) The Corporation has the powers conferred on it by the Borrowing and Investment Powers Act 1987.

(2) The Corporation may, with the approval of the Treasurer, enter into arrangements for the protection of the value of its assets or liabilities against movements in interest rates or currency rates.

25 Business plan

(1) The Corporation must prepare a business plan each year.

(2) The Corporation must give a copy of the proposed plan to the Minister and the Treasurer on or before such date in each year as is determined by the Minister and the Treasurer.

(3) The proposed business plan must be in or to the effect of a form approved by the Minister and the Treasurer and must include—

(a) a statement of corporate intent, being information about the objectives, main undertakings, activities, accounting policies and performance measures of the Corporation;

(b) financial statements containing information requested by the Minister and the Treasurer;

(c) such other matters as the Minister and the Treasurer direct.

(4) The Corporation must consider any comments on the proposed plan that are made to it by the Treasurer or the Minister within 2 months after the plan was submitted to the Treasurer and the Minister.

(5) The Corporation must consult in good faith with the Treasurer and the Minister following communication to it of the comments, must make such changes to the plan as are agreed between the Treasurer, the Minister and the Corporation and must deliver the completed plan to the Treasurer and Minister within 3 months after the plan was submitted to the Treasurer and the Minister.

(6) The plan, or any part of the plan, must not, within 5 years after the end of the year to which it applies, be published or made available, except for the purposes of this section, without the prior approval of the Corporation, the Treasurer and the Minister.

Part 3—Formula One events

Pt 3 Div. 1 (Heading) inserted by No. 39/2025 s. 25A.

Division 1—General

26 Minister may declare name or title of event, race or activity

The Minister, on the recommendation of the Corporation, may, by notice published in the Government Gazette, declare, in respect of a Formula One event—

(a) the name or title of the Formula One event;

(b) the name or title of a race, event or activity forming part of the Formula One event.

S. 27 amended by No. 39/2025 s. 22(2) (ILA s. 39B(1)).

27 Declared area and race period

(1) The Minister administering the Crown Land (Reserves) Act 1978 and the Minister administering this Act acting jointly, by notice published in the Government Gazette—

(a) may declare that an area, being part or all of Albert Park specified in the notice together with such other land (if any) surrounded by Albert Park and specified in the notice is the declared area in respect of a year specified in the notice;

S. 27(1)(b) amended by No. 39/2025 s. 22(1).

(b) may declare that a period (not exceeding 21 days) specified in the notice is the race period in respect of a year specified in the notice;

(c) may revoke or vary a declaration made under this section.

S. 27(2) inserted by No. 39/2025 s. 22(2).

(2) Before making a declaration under subsection (1)(b), the Ministers must have regard to—

(a) the operational requirements of the Formula One event in respect of which the declared area will be in force; and

(b) safety considerations related to the event.

S. 27A inserted by No. 39/2025 s. 6.

27A Corporation may make public access area declaration

(1) The Corporation, by notice published in the Government Gazette, may declare that an area within the declared area in respect of a year and specified in the declaration is an area to which the public may have access during the race period in respect of that year.

(2) A public access area declaration under subsection (1) must—

(a) specify the area to which the public may have access; and

(b) specify the dates and times during which the public may have access to the area; and

(c) include information about the Corporation's powers under this Act to manage and control the public access area as part of the declared area, including by restricting access or closing public access areas; and

(d) include any prescribed information; and

(e) unless section 27CA applies, be made within one month after a declaration under section 27 of a declared area is made.

(3) As soon as practicable after a public access area declaration is published in the Government Gazette, the Corporation must publish a copy of the declaration on its Internet site.

S. 27B inserted by No. 39/2025 s. 6.

27B Revocation or variation of public access area declaration

(1) With the Minister's prior approval, the Corporation, by notice published in the Government Gazette, may revoke or vary a public access area declaration.

(2) As soon as practicable after notice of a revocation or variation under subsection (1) is published in the Government Gazette, the Corporation must publish a copy of the notice on its Internet site.

S. 27C inserted by No. 39/2025 s. 6.

27C Consultation and approval requirements for public access area declaration

(1) The Corporation must consult with the Minister in writing—

(a) before a public access area declaration is made; or

(b) to seek the Minister's approval before a public access area declaration is revoked or varied.

(2) For the purposes of section 27B, the Minister may approve the revocation or variation of a public access area declaration.

(3) For the purposes of subsection (1) or (2), the Minister may request that the Corporation provide reasons for a public access area declaration or a revocation or variation of a public access area declaration.

S. 27CA inserted by No. 39/2025 s. 6.

27CA Minister may direct Corporation to make public access area declaration

(1) If the Corporation does not make a public access area declaration within one month after a declaration under section 27 of a declared area is made, the Minister may—

(a) request that the Corporation provide the reasons no public access area declaration was made; and

(b) direct the Corporation to make a public access area declaration.

(2) Before giving a direction under subsection (1)(b), the Minister must have regard to—

(a) the operational requirements of the Formula One event in respect of which the declared area will be in force; and

(b) safety considerations related to the event.

S. 27D inserted by No. 39/2025 s. 6.

27D Date on which public access area declaration, revocation or variation takes effect

(1) A public access area declaration takes effect on—

(a) the date the declaration is published in the Government Gazette; or

(b) such later date as is specified in the declaration.

(2) A revocation or variation of a public access area declaration under section 27B takes effect on the date specified in the notice published in the Government Gazette, which must be later than the date of publication of the notice.

S. 27E inserted by No. 39/2025 s. 6.

27E Describing land in public access area declarations

Without limiting the use of any other means to describe land, a public access area declaration or the revocation or variation of a public access area declaration may describe land by reference to a plan of survey attached to the declaration or lodged in the Central Plan Office.

S. 27F inserted by No. 39/2025 s. 6.

27F Public access area declaration, revocation or variation not invalid due to failure to publish on Internet site

A public access area declaration or a revocation or variation of a public access area declaration under section 27B is not invalid by reason only of a failure of the Corporation to comply with a requirement of section 27A(3) or 27B(2).

S. 27G inserted by No. 39/2025 s. 6.

27G Closure of public access area

(1) Without limiting any other power of the Corporation under this Act in relation to the declared area in respect of a year, the Corporation may close any public access area, or any part of a public access area, if satisfied it is necessary to do so in an emergency or for public safety by publishing a notice on its Internet site specifying—

(a) the area that has been closed; and

(b) the period for which it is closed.

(2) The Corporation must notify the Minister in writing of the closure of a public access area or any part of a public access area—

(a) before the closure occurs; or

(b) if it is not possible to do so before the closure occurs, as soon as reasonably practicable after the closure and no later than 3 days after the closure.

Note

See section 44(3) and (4) of the Interpretation of Legislation Act 1984 in relation to time expiring on weekends and public holidays.

(3) The Minister may request that the Corporation provide reasons for any closure of any public access area, or any part of a public access area.

(4) A closure under this section must not exceed 3 days duration.

28 Corporation not to undertake works without a licence

(1) The Corporation must not, at any time, undertake works at Albert Park except in accordance with a licence granted under this section.

S. 28(2) amended by Nos 70/2004 s. 17(1)(a), 41/2022 s. 22(a).

(2) The committee of management of the part of Albert Park that is not Lakeside Oval Reserve land or Melbourne Sports and Aquatic Centre land may, on the application of the Corporation, grant to the Corporation a licence to undertake the works specified in the licence on such terms and conditions as are determined by the committee and so specified.

S. 28(3) amended by Nos 70/2004 s. 17(1)(b), 41/2022 s. 22(a).

(3) If, in relation to the part of Albert Park that is not Lakeside Oval Reserve land or Melbourne Sports and Aquatic Centre land—

(a) the committee of management fails to grant an application for a licence—

(i) within 7 days after receiving the application; or

(ii) within such shorter period after receiving the application as the Minister administering the Crown Lands (Reserves) Act 1978 and the Minister administering this Act approve; or

(b) the Corporation considers the terms and conditions proposed to be included in a licence to be unreasonable—

the Minister administering the Crown Land (Reserves) Act 1978 and the Minister administering this Act, may, on the request in writing of the Corporation, grant a licence authorising the Corporation to undertake the works, subject to such terms and conditions as the Ministers determine and specify in the licence.

S. 28(3A) inserted by No. 70/2004 s. 17(2), amended by No. 41/2022 s. 22(b).

(3A) The State Sport Centres Trust, on the application of the Corporation, may, in respect of the Lakeside Oval Reserve land or the Melbourne Sports and Aquatic Centre land, grant to the Corporation a licence to undertake the works specified in the licence on such terms and conditions as are determined by the Trust and so specified.

S. 28(3B) inserted by No. 70/2004 s. 17(2).

(3B) If—

(a) the State Sport Centres Trust fails to grant an application for a licence under subsection (3A)—

(i) within 7 days after receiving the application; or

(ii) within such shorter period after receiving the application as the Minister administering the State Sport Centres Act 1994 and the Minister administering this Act approve; or

(b) the Corporation considers the terms and conditions proposed to be included in a licence to be unreasonable—

the Minister administering the State Sport Centres Act 1994 and the Minister administering this Act, may, on the request in writing of the Corporation, grant a licence authorising the Corporation to undertake the works, subject to such terms and conditions as the Ministers determine and specify in the licence.

(4) Nothing in this section applies to the exercise of powers under section 40.

(5) In this section—

works includes road construction or diversion, removal, relocation or planting of trees, installation of services, relocation of ovals, buildings or facilities, construction of other structures whether of a permanent or temporary nature or demolition works or works altering the topography of Albert Park.

29 Corporation to consult persons affected

(1) The Corporation, before the race period in respect of a year—

(a) must take reasonable steps to consult with the committee of management and any person having a right of occupation of any part of Albert Park;

(b) must consider any reasonable representations made by the committee of management or any such person.

(2) The committee of management must, at the request of the Corporation, give the Corporation the name and address of each person who has a right of occupation of any part of Albert Park.

(3) Subsection (1) does not give rise to any cause or right of action against, or any liability in, the Corporation.

30 Corporation to manage declared area during race period

S. 30(1) amended by No. 39/2025 s. 7.

(1) The Corporation must manage and control the declared area in respect of a year, including any public access areas, for the race period in respect of that year.

(2) The powers of the committee of management in respect of the declared area in respect of a year must not be exercised during the race period in respect of that year except with the consent of the Corporation.

(3) Despite subsection (1), a person who, but for subsection (4), would have a right to carry on a business in premises in the declared area in respect of a year during the race period in respect of that year, being premises in respect of which the person has a right of occupation, may, during that race period, carry on that business—

S. 30(3)(a) amended by No. 39/2025 s. 13.

(a) to the extent, and in accordance with the conditions, that the Corporation, after consultation with the committee of management, having regard to section 30A, approves; or

(b) in the event of a dispute, to the extent, and in accordance with the conditions, that the Minister approves.

(4) The rights and interests of any person, other than the Corporation, in relation to the declared area in respect of a year are suspended for the race period in respect of that year, except as provided in subsection (3).

S. 30(5) amended by No. 44/2014 s. 33(Sch. item 4).

(5) If the right of a person under a lease, licence or other agreement granted or entered into before the commencement of this section to carry on a business in premises in Albert Park is suspended by the operation of this section during the race period in respect of a year, the person is entitled to the payment of an amount of compensation by the Corporation calculated in accordance with the formula View image in the official source where—

A is the part of the person's profits from that business in respect of the financial year ended on 30 June 1994 that is certified by an auditor approved by the Corporation and that person as being the part attributable to the days in that financial year corresponding to the race period;

B is the average weekly total earnings of all employees in Victoria in original terms for the most recent reference period last published by the Australian Bureau of Statistics as at the 15th day of the month preceding the month in which the race period, or any part of the race period, falls;

C is the average weekly earnings of all employees for Victoria as at the 15th day of the relevant month in the financial year ended on 30 June 1994 published by the Australian statistician in respect of the quarter before that relevant month corresponding to the quarter referred to above.

(6) Subsections (3) and (4) do not give rise to any cause or right of action against, or any liability in, the Corporation, except as provided in subsection (5).

S. 30A inserted by No. 39/2025 s. 14.

30A Corporation to have regard to certain matters

(1) For the purposes of section 30(3)(a), the Corporation—

(a) must have regard to—

(i) the operational requirements of the Formula One event in respect of which the declared area will be in force; and

(ii) safety considerations related to the event; and

(iii) the access to the declared area required by a person referred to in section 30(3) in order to carry on the person's business in premises in the declared area, whether at full capacity or reduced capacity; and

(b) may have regard to any other matter the Corporation considers relevant.

(2) At least 5 days before the commencement of the race period, the Corporation must provide a person referred to in section 30(3) with written notice of the extent of approval, if any, and any conditions to which the approval is subject including—

(a) if no approval is given, the reasons it was not given; and

(b) if approval is given subject to conditions, the reasons for those conditions.

31 Power to enter Albert Park

S. 31(1) amended by No. 87/1995 s. 15.

(1) The Corporation, its servants, agents and any person authorised by it may, for the purpose of carrying out the functions and exercising the powers of the Corporation under this Act, but subject to and in accordance with this Act, enter, carry out works in and use any part of Albert Park.

(2) Subsection (1) has effect despite anything to the contrary in any Order in Council, or Crown grant, or in the Land Act 1958, the Crown Land (Reserves) Act 1978 or any other Act or law.

32 Fencing of land

(1) The Corporation may fence or cordon off the whole or any part of the declared area in respect of a year for the whole or any part of the race period for that year.

(2) The Corporation may fence or cordon off any part of the declared area in respect of a year outside the race period in respect of that year for such period as is necessary for or incidental to the carrying out of its functions or powers or as authorised by a licence under section 28.

(3) Land comprising or included in the declared area in respect of a year that is fenced or cordoned off by the Corporation is, while so fenced or cordoned off, deemed to be in the lawful occupation of the Corporation but not so as to entitle the Corporation to enter any building that, but for this subsection, is not in its occupation.

S. 32(4) inserted by No. 39/1995 s. 5(1).

(4) The committee of management may fence or cordon off any part of Albert Park for such period (not including any part of the race period for a year) as is necessary for or incidental to the carrying out of works (within the meaning of section 28(5)) by the committee or its agents or as is necessary for or incidental to the carrying out by another person of works (within the meaning of section 28(5)) which the committee has authorised or permits or suffers to be carried out.

S. 32(5) inserted by No. 39/1995 s. 5(1), amended by No. 70/2004 s. 18.

(5) Without in any way affecting the operation of the Crown Land (Reserves) Act 1978 or the State Sport Centres Act 1994 in relation to Albert Park, any part of Albert Park that is fenced or cordoned off by the committee of management is, while so fenced or cordoned off, deemed to be in the lawful occupation of the committee but not so as to entitle the committee to enter any building that, but for this subsection, is not in its occupation.

S. 32A inserted by No. 87/1995 s. 8.

32A Designated access areas

(1) The Minister administering the Road Safety Act 1986, the Minister administering the Crown Land (Reserves) Act 1978 and the Minister administering this Act acting jointly, by notice published in the Government Gazette—

(a) may declare that an area, being part or all of—

(i) the land situated within 1⋅5 metres east of the Queens Road boundary of Albert Park between the points marked A and B on the plan numbered LEGL./95–128 and lodged in the Central Plan Office; or

(ii) the land coloured yellow on that plan—

is a designated access area for the period specified, in accordance with subsection (2), in the declaration;

(b) may declare that an area, being part or all of the land coloured green, or a stratum of the land hatched and coloured green, on that plan is a designated access area for the period specified, in accordance with subsection (3), in the declaration;

(c) may revoke or vary a declaration made under this section.

(2) The period specified in a declaration under subsection (1)(a) must not exceed a period of 17 weeks and—

S. 32A(2)(a) amended by No. 39/2025 s. 23(1)(a).

(a) must not begin more than 11 weeks before the start of a race period in respect of a year; and

S. 32A(2)(b) amended by No. 39/2025 s. 23(1)(b).

(b) must not end more than 3 weeks after the end of that race period.

(3) The period specified in a declaration under subsection (1)(b) must not exceed a period of 4 weeks and—

S. 32A(3)(a) amended by No. 39/2025 s. 23(2)(a).

(a) must not begin more than 1 week before the start of a race period in respect of a year; and

S. 32A(3)(b) amended by No. 39/2025 s. 23(2)(b).

(b) must not end later than the end of the race period.

(4) The Corporation, its servants or agents and any person authorised by it, for the purpose of exercising its powers in respect of designated access areas, but subject to and in accordance with this Act, may enter, carry out works in and use any part of a designated access area.

(5) The Corporation may fence or cordon off the whole or any part of a designated access area—

(a) for the whole or any part of the race period for a year; and

(b) at any other time for such period as is necessary for or incidental to the exercising of its powers in respect of the area.

(6) Land comprising or included in an area fenced or cordoned off under subsection (5) is, while so fenced or cordoned off, deemed to be in the lawful occupation of the Corporation but not so as to entitle the Corporation to enter any building that, but for this subsection, is not in its occupation.

S. 32B inserted by No. 87/1995 s. 8.

32B Areas fenced or cordoned off

If the Corporation or the committee of management places a notice on or near a fence or cordon marking an area in the declared area or a designated access area that contains a statement to the effect that the area is fenced or cordoned off by authority of the Corporation or the committee of management (as the case may be) the area is, for the purposes of this Act, fenced or cordoned off by the Corporation or the committee of management (as the case may be).

33 Roads

S. 33(1) amended by No. 87/1995 s. 9(1).

(1) The Corporation may close any road, or part of a road, within the declared area in respect of a year, or within a designated access area, for the whole or any part of the race period for that year.

S. 33(2) amended by Nos 39/1995 s. 5(2)(a)(b), 70/2004 s. 19(1)(a)(b), 41/2022 s. 23(a).

(2) The Corporation or the committee of management of the part of Albert Park that is not Lakeside Oval Reserve land or Melbourne Sports and Aquatic Centre land may, with the consent of the Minister administering the Crown Land (Reserves) Act 1978, temporarily close any road or part of a road in any part of Albert Park that is not Lakeside Oval Reserve land or Melbourne Sports and Aquatic Centre land if, in the opinion of the Minister, it is necessary to do so for the purpose of carrying out the Corporation's or the committee's functions or exercising its powers.

S. 33(2A) inserted by No. 70/2004 s. 19(2), amended by No. 41/2022 s. 23(b).

(2A) The Corporation or the State Sport Centres Trust may, with the consent of the Minister administering the State Sport Centres Act 1994 and the Minister administering the Crown Land (Reserves) Act 1978, temporarily close any road or part of a road in the part of Albert Park that is Lakeside Oval Reserve land or Melbourne Sports and Aquatic Centre land if, in the opinion of both those Ministers, it is necessary to do so for the purpose of carrying out the Corporation's or the Trust's functions or exercising its powers.

(3) The Minister administering the Crown Land (Reserves) Act 1978, by notice published in the Government Gazette, may close the whole or any part of a road in Albert Park and, upon publication of the notice, the land over which the closed road or part lay ceases to be a road or part of a road.

S. 33(4) inserted by No. 87/1995 s. 9(2).

(4) The Corporation may temporarily close any road or part of a road in a designated access area—

(a) with the consent of the Minister administering the Road Safety Act 1986 and the Minister administering this Act; and

(b) if, in the opinion of those Ministers, it is necessary to do so for the purpose of carrying out the Corporation's functions or exercising its powers; and

(c) after having informed the Minister administering the Crown Land (Reserves) Act 1987 of its intention to do so.

34 Declared area to be restored to reasonable condition

(1) The declared area in respect of a year must, as soon as practicable after the end of the race period in respect of that year, be restored by the Corporation to a condition reasonably comparable to its condition immediately before the beginning of that period.

(2) The Corporation must take all reasonable steps to ensure compliance with subsection (1).

S. 34(3) amended by Nos 70/2004 s. 20(1), 41/2022 s. 24(1).

(3) If there is a dispute between the committee of management of the part of Albert Park that is not Lakeside Oval Reserve land or Melbourne Sports and Aquatic Centre land and the Corporation about the standard of restoration in the declared area in respect of a year, the committee of management or the Corporation may refer the matter to the Minister administering the Crown Land (Reserves) Act 1978 and the Minister administering this Act for a decision on the matter and their joint decision shall be final.

S. 34(3A) inserted by No. 70/2004 s. 20(2).

(3A) If, in relation to the Melbourne Sports and Aquatic Centre land, there is a dispute between the State Sport Centres Trust and the Corporation about the standard of restoration in the declared area in respect of a year, the Trust or the Corporation may refer the matter to the Minister administering the State Sport Centres Act 1994 and the Minister administering this Act for a decision on the matter and their joint decision is final.

S. 34(3B) inserted by No. 41/2022 s. 24(2).

(3B) If, in relation to the Lakeside Oval Reserve land, there is a dispute between the State Sport Centres Trust and the Corporation about the standard of restoration in the declared area in respect of a year, the Trust or the Corporation may refer the matter to the Minister administering the State Sport Centres Act 1994 and the Minister administering this Act for a joint decision on the matter.

S. 34(4) inserted by No. 87/1995 s. 10.

(4) Each designated access area must, as soon as practicable after the end of a race period, be restored by the Corporation to a condition reasonably comparable to its condition immediately before it became a designated access area.

35 Corporation may control and charge for filming, etc.

(1) During the race period in respect of a year, a person must not, without the consent of the Corporation, make, for profit or gain or for a purpose which includes profit or gain, at or from a place within or outside Albert Park any sound recording or television or other recording of moving pictures of a Formula One event or any part of a Formula One event.

S. 35(1A) inserted by No. 39/2025 s. 24(1).

(1A) During an approved event, a person must not, without the consent of the Corporation, make, for profit or gain or for a purpose which includes profit or gain, at or from a place within or outside the place where the approved event is being held any sound recording or television or other recording of moving pictures of the approved event or any part of the approved event.

S. 35(2) amended by No. 39/2025 s. 24(2).

(2) The Corporation may charge a fee for giving its consent under subsection (1) or (1A).

S. 35(3) amended by No. 39/2025 s. 24(2).

(3) If a person makes a recording referred to in subsection (1) or (1A) without the consent of the Corporation, the Corporation may recover, as a debt due to the Corporation, by proceedings in a court of competent jurisdiction, the fee that would have been payable for the Corporation's consent under subsection (2).

36 Nuisance

Any activity carried on by, or with the permission of the Corporation within the declared area in respect of a year during the race period in respect of that year does not constitute a nuisance.

S. 37 substituted by No. 87/1995 s. 11.

37 Corporation may remove vehicles left unattended

If a vehicle is left unattended—

S. 37(a) amended by No. 39/2025 s. 8.

(a) within the declared area in respect of a year during the race period for that year (other than a public access area); or

(b) in a designated access area—

the Corporation may remove the vehicle to a convenient place, keep the vehicle in that place and return the vehicle to its owner on payment of a fee not exceeding the prescribed fee.

38 Road Safety Act 1986 not to apply

The Road Safety Act 1986 and regulations under that Act do not apply to or in relation to a vehicle or its driver while the vehicle is being driven—

(a) in a Formula One event; or

S. 38(b) amended by No. 39/2025 s. 9.

(b) with the approval of the Minister administering this Act, within the declared area in respect of a year during the race period in respect of that year (other than a public access area) for the purpose of providing services in respect of a Formula One event.

S. 39 amended by Nos 46/2008 s. 270, 9/2020 s. 390(Sch. 1 item 7), 39/2025 s. 10.

39 Noise and vehicle emissions

Nothing in the Environment Protection Act 1970, the Public Health and Wellbeing Act 2008 or the Local Government Act 2020 or regulations or local laws under any of those Acts applies in respect of—

(a) vehicle emissions in; or

(b) noise emanating from—

the declared area in respect of a year during the race period in respect of that year (other than a public access area).

40 Prohibition of unauthorised advertising

(1) A person who is the owner or occupier or the holder of a lease or licence relating to a building or structure in the declared area in respect of a year must not, during the race period for that year, cause or permit any advertising material to be affixed to or placed on, or to remain on, the building or structure except as authorised or permitted by the Corporation.

(2) The Corporation may obliterate or remove any advertising material on a building or structure in the declared area in contravention of subsection (1).

(3) In exercising its powers under subsection (2), the Corporation must cause as little damage as possible.

S. 40(4) amended by No. 39/2025 s. 11.

(4) Subsection (1) does not apply to an advertisement by the holder of a lease or licence of premises where a business is carried on if the advertisement complies with the requirements prescribed by the regulations or to any advertising material in a public access area.

41 Corporation to make payment to committee of management

S. 41(1) amended by No. 39/2025 s. 25.

(1) The Corporation must, in respect of each race period in respect of a year, pay to the committee of management such amount, not exceeding the greater of $200 000 or the prescribed amount (if any) or an amount fixed in accordance with the prescribed method of calculation (if any), as is agreed between the Corporation and the committee or, failing agreement, as is jointly determined by the Minister administering the Crown Land (Reserves) Act 1978 and the Minister administering this Act.

(2) Each payment under subsection (1) must be made within 14 days after the end of the race period in respect of the relevant year.

S. 41(3) inserted by No. 70/2004 s. 21.

(3) In this section committee of management does not include the State Sport Centres Trust.

42 No compensation payable

No compensation is payable in respect of anything done in accordance with section 28, 30 (except subsection (5)), 32 or 33.

Pt 3 Div. 2 (Heading and ss 42AA–42AAI) inserted by No. 39/2025 s. 25B.

Division 2—Annual compensation scheme

S. 42AA inserted by No. 39/2025 s. 25B.

42AA Definitions for this Division

In this Division—

annual compensation scheme means a scheme approved under section 42AAC(3);

direct loss method has the meaning given in section 42AAI;

eligible Albert Park tenant means an entity that holds a lease, licence or other agreement in the declared area for a race period in respect of a year where the lease, licence or other agreement was entered into before 1 January 2026;

fixed amount method has the meaning given in section 42AAH.

S. 42AAB inserted by No. 39/2025 s. 25B.

42AAB Corporation to make compensation payments to eligible Albert Park tenants

The Corporation must pay compensation to eligible Albert Park tenants in accordance with the annual compensation scheme.

S. 42AAC inserted by No. 39/2025 s. 25B.

42AAC Annual compensation scheme

(1) Each year, the Corporation must develop a draft annual compensation scheme for the purpose of payments under section 42AAB.

(2) Not later than 3 months after the end of the race period in relation to a year, the Corporation must prepare and submit the draft annual compensation scheme to the Minister for approval.

(3) The Minister may approve the draft annual compensation scheme if satisfied it is appropriate to do so, having regard to—

(a) the business plan under section 25; and

(b) in the case of any fixed amount method, the overall approach to assessing and calculating amounts.

S. 42AAD inserted by No. 39/2025 s. 25B.

42AAD Eligibility for compensation under the annual compensation scheme

(1) An eligible Albert Park tenant is eligible for compensation under the annual compensation scheme if the eligible Albert Park tenant has suffered direct losses or expenses as a result of a race period for a year being a period not exceeding 21 days.

(2) An entity is not eligible for compensation under the annual compensation scheme if a lease, licence or other agreement in the declared area to which the entity is a party is entered into on or after 1 January 2026.

(3) An eligible Albert Park tenant may be eligible for compensation under the annual compensation scheme even if the tenant has closed the business or other operation conducted pursuant to a lease, licence or other agreement in the declared area for a race period in respect of a year during that race period.

S. 42AAE inserted by No. 39/2025 s. 25B.

42AAE Compensation under section 30(5) not affected

Nothing in this Division affects the operation of section 30(5) in relation to an eligible Albert Park tenant.

S. 42AAF inserted by No. 39/2025 s. 25B.

42AAF Corporation may request information

For the purposes of developing and administering the annual compensation scheme in accordance with this Division, the Corporation may request an eligible Albert Park tenant to provide any information necessary for the Corporation to make a proper assessment of the compensation payable to that tenant, including specifying a time for the provision of that information.

S. 42AAG inserted by No. 39/2025 s. 25B.

42AAG Compensation to be by fixed amount method or direct losses method

(1) The Corporation must offer an eligible Albert Park tenant compensation from the annual compensation scheme by a fixed amount method based on a formula developed by the Corporation for calculating a fixed amount of compensation approved by the Minister in the annual compensation scheme approval.

(2) If the eligible Albert Park tenant offered compensation under subsection (1) elects not to accept the compensation by the fixed amount method, the tenant must—

(a) advise the Corporation that the tenant seeks compensation by the direct losses method for direct losses incurred due to the period of the race period in respect of a year being a period not exceeding 21 days; and

(b) provide in support independently audited financial statements.

S. 42AAH inserted by No. 39/2025 s. 25B.

42AAH What does the Corporation consider for fixed amount method of compensation?

The Corporation must consider the following when an eligible Albert Park tenant chooses compensation by the fixed amount method—

(a) the duration of the race period in respect of the year, being the race period minus 7 days and not exceeding a maximum of 14 days;

(b) the number of days the eligible Albert Park tenant was directly affected by the period referred to in paragraph (a);

(c) estimated losses by the eligible Albert Park tenant as a direct result of the period referred to in paragraph (a);

(d) whether the eligible Albert Park tenant is entitled to compensation under section 30(5) or any other payment or remuneration under an arrangement entered into between the Corporation and the tenant;

(e) any other matter the Corporation considers relevant.

S. 42AAI inserted by No. 39/2025 s. 25B.

42AAI What does the Corporation consider for direct losses method of compensation?

(1) The Corporation must consider the following when an eligible Albert Park tenant chooses compensation by the direct losses method—

(a) the duration of the race period declared for the year, being the race period minus 7 days and not exceeding a maximum of 14 days;

(b) the number of days the eligible Albert Park tenant was directly affected by the period referred to in paragraph (a);

(c) actual quantifiable losses incurred by the eligible Albert Park tenant as a direct result of the period referred to in paragraph (a) which—

(i) must be supported by independently audited financial statements; and

(ii) may benchmark direct losses by consideration of losses or profits in a comparison period in the previous year to the current year which are the same days in that previous year as the days for the race period in relation to the current year for which the compensation is sought;

Example

The race period for 2026 is 1 to 21 April 2026. The race period in relation to the year 2025 is 1 to 21 March 2025. The comparison period for losses or profits for the 2026 race period is 1 to 21 April 2025.

(d) whether the eligible Albert Park tenant is entitled to compensation under section 30(5) or any other payment or remuneration under an arrangement entered into between the Corporation and the tenant;

(e) any other matter the Corporation considers relevant.

(2) The Corporation may negotiate an amount of compensation with an eligible Albert Park tenant not exceeding the amount of direct loss claimed by the tenant.

Pt 3A (Heading and ss 42A, 42B) inserted by No. 87/1995 s. 12.

Part 3A—Australian Motorcycle Grand Prix events

S. 42A inserted by No. 87/1995 s. 12.

42A Minister may declare name or title of event, race or activity

The Minister, on the recommendation of the Corporation, may, by notice published in the Government Gazette, declare, in respect of an Australian Motorcycle Grand Prix event—

(a) the name or title of the event;

(b) the name or title of a race, event or activity forming part of the event.

S. 42B
inserted by No. 87/1995 s. 12.

42B Corporation may control and charge for filming etc.

(1) During the holding of an Australian Motorcycle Grand Prix event, a person must not, without the consent of the Corporation, make, for profit or gain or for a purpose which includes profit or gain, at or from a place within or outside the Phillip Island Grand Prix circuit any sound recording or television or other recording of moving pictures of the event or any part of the event.

(2) The Corporation may charge a fee for giving its consent under subsection (1).

(3) If a person makes a recording referred to in subsection (1) without the consent of the Corporation, the Corporation may recover, as a debt due to the Corporation, by proceedings in a court of competent jurisdiction, the fee that would have been payable for the Corporation's consent under subsection (2).

Pt 3B (Heading and ss 42C–42G) inserted by No. 39/2025 s. 26.

Part 3B—Approved events

S. 42C inserted by No. 39/2025 s. 26.

42C Corporation may apply for approval of an event that is not a motor sport event or a Formula One event

(1) The Corporation may apply to the Minister for approval of an event to be conducted by the Corporation that is not—

(a) a motor sport event; or

(b) a Formula One event.

(2) An application under subsection (1) must—

(a) be in writing; and

(b) be made at least 6 months before the proposed date of the event; and

(c) contain the following details—

(i) the estimated size of the event;

(ii) the proposed time and date of the event;

(iii) the proposed location of the event;

(iv) financial information relating to the event, including—

(A) the anticipated costs of the event; and

(B) the proposed sources of funding;

(v) if applicable, details of the following—

(A) traffic and transport management plans;

(B) emergency management plans;

(C) security plans.

(3) Despite subsection (2)(b), the Minister may consider an application made less than 6 months before the proposed date of the event.

(4) In considering an application made under subsection (1), the Minister may have regard to any of the following—

(a) the financial sustainability of the event, including the proposed sources of funding;

(b) if the event is proposed to be held at Albert Park, potential impacts on—

(i) the relevant committee of management; or

(ii) any person who is the owner or occupier of, or who has a lease or licence relating to, premises within Albert Park;

(c) operational matters, including measures taken or to be taken by the Corporation in relation to—

(i) traffic and transport management plans; and

(ii) emergency management plans; and

(iii) security plans;

(d) any consultation conducted with Victoria Police (within the meaning of the Victoria Police Act 2013) and emergency services;

(e) any other matter the Minister considers relevant.

S. 42D inserted by No. 39/2025 s. 26.

42D Minister may request additional information

(1) If an application under section 42C(1) does not contain sufficient information to enable the Minister to determine the application, the Minister may request that the Corporation provide additional information.

(2) A request for additional information under subsection (1) must—

(a) be made in writing; and

(b) be made within 28 days after an application is made under section 42C(1); and

(c) specify the information required; and

(d) specify the date by which the Corporation must provide the information.

S. 42E inserted by No. 39/2025 s. 26.

42E Minister may approve event

(1) If the Corporation makes an application under section 42C, the Minister, subject to section 42F, may—

(a) approve an event that is not—

(i) a motor sport event; or

(ii) a Formula One event; or

(b) refuse to approve the event.

(2) An approval may be subject to conditions specified in the approval.

(3) The Minister must provide the Corporation with written notice of the Minister's decision under subsection (1)—

(a) within 28 days after an application is made under section 42C(1); or

(b) if the Minister requests additional information under section 42D(1), within 28 days after the Minister's request.

(4) A notice under subsection (3) must—

(a) if the approval is refused, state the reasons for the refusal; and

(b) in relation to an approval, specify any conditions to which the approval is subject.

S. 42F inserted by No. 39/2025 s. 26.

42F Events held at Albert Park

If an approval under section 42E relates to an event that specifies Albert Park as the proposed location of the event, the Minister may only approve the event in respect of a proposed date which is not within the race period for the relevant year.

S. 42G inserted by No. 39/2025 s. 26.

42G Power to approve application non‑delegable

The Minister must not delegate the Minister's power under section 42E.

Part 4—General

43 Other motor races not to be held at Albert Park

A person must not enter into an agreement in respect of, or do any act or thing, that would cause a motor race to be held at Albert Park outside a race period in respect of a year.

1. 100 penalty units.

44 Corporation's property in grand prix insignia

(1) The Corporation has a proprietary interest in all grand prix insignia.

(2) A person who, in the course of a trade or business, without the consent of the Corporation—

(a) supplies goods marked with grand prix insignia; or

(b) uses grand prix insignia for the purpose of promoting the supply of goods or services; or

(c) assumes a name or description that consists of, or includes, grand prix insignia—

is guilty of an offence.

1. 1000 penalty units.

(3) A person does not contravene subsection (2) if the supply, use or assumption—

(a) occurs before 1 January 1996; and

(b) is authorised by the Australian Formula One Grand Prix Board established by the Australian Formula One Grand Prix Act 1984 of South Australia—

(i) by a consent under section 28a of that Act; or

(ii) under a licence granting rights in respect of a trade mark of which the Australian Formula One Grand Prix Board is the registered owner under the Trade Marks Act 1955 of the Commonwealth.

(4) Subsection (2) does not apply in relation to goods—

(a) manufactured and marked with grand prix insignia before 1 January 1996; and

(b) supplied before 1 February 1996—

if the manufacture, marking and supply is authorised by the Australian Formula One Grand Prix Board established by the Australian Formula One Grand Prix Act 1984 of South Australia—

(c) by a consent under section 28a of that Act; or

(d) under a licence granting rights in respect of a trade mark of which the Australian Formula One Grand Prix Board is the registered owner under the Trade Marks Act 1955 of the Commonwealth.

(5) Subsection (2)(a) does not apply in relation to goods marked with grand prix insignia—

(a) that were manufactured and marked with those grand prix insignia before the commencement of this section; or

(b) that, although manufactured after that commencement, were manufactured to fulfil a contract entered into before that commencement relating to the supply of goods marked with grand prix insignia.

S. 44(6) amended by Nos 87/1995 s. 13(a), 39/2025 s. 27.

(6) Subsection (2) does not apply to—

(a) the supply of goods marked with grand prix insignia; or

(b) the use of grand prix insignia for the purpose of promoting the supply of goods or services—

by a person if the supply or use is of a kind that the Minister, by instrument, has declared to be a kind of supply or use that the Minister is satisfied is not related to a Formula One event or to an Australian Motorcycle Grand Prix event.

(7) The court by which a person is convicted of an offence against this section may, on the application of the Corporation, order the convicted person to pay compensation to the Corporation of an amount fixed by the court.

(8) This section does not derogate from any civil remedy that may be available to the Corporation apart from this section in relation to goods referred to in this section.

45 Seizure and forfeiture of goods

S. 45(1) amended by No. 37/2014 s. 10(Sch. item 7.2(b)).

(1) If—

(a) goods apparently intended for a commercial purpose are marked with grand prix insignia; and

S. 45(1)(b) amended by No. 37/2014 s. 10(Sch. item 7.2(a)).

(b) a police officer suspects on reasonable grounds that the use of the grand prix insignia has not been authorised under section 44—

the police officer may seize those goods.

(2) If any goods have been seized under this section and—

(a) proceedings are not instituted for an offence against section 44 in relation to the goods within 3 months of their seizure; or

S. 45(2)(b) amended by No. 68/2009 s. 97(Sch. item 10).

(b) after proceedings have been instituted and completed, the accused is not convicted—

the person from whom they were seized is entitled to recover—

(c) the goods or, if they have been destroyed, compensation equal to the market value of the goods at the time of their seizure; and

(d) compensation for any loss suffered by reason of the seizure of the goods.

(3) An action for the payment of compensation under subsection (2) may be brought against the Corporation in any court of competent jurisdiction.

(4) The court by which a person is convicted of an offence against this Act may order that goods to which the offence relates be forfeited to the Crown.

(5) Any goods forfeited to the Crown shall be disposed of in such manner as the Minister may direct, and, if sold, the proceeds of the sale shall be paid into the Consolidated Fund.

46 Committee of management not liable for certain works etc.

The committee of management or a member or employee of the committee is not liable for any loss or damage arising principally because of works or any other things done, or omitted to be done, by the Corporation in accordance with, or purporting to be in accordance with, a licence or other authority conferred or purporting to be conferred on the Corporation by or under this or any other Act or law.

47 Powers of committee of management

The powers conferred on the committee of management under this Act are in addition to its powers under any other Act or law and, if inconsistent with any other powers, prevail to the extent of the inconsistency.

48 Exemption from certain laws

S. 48(1) amended by Nos 87/1995 s. 13(b), 70/2004 s. 22, 85/2006 s. 173(Sch. 1 item 1).

(1) Nothing in the Building Act 1993, the Planning and Environment Act 1987, the Albert Park Land Act 1972, the Crown Land (Reserves) Act 1978, the State Sport Centres Act 1994 or a planning scheme requiring an authority, licence or permit for the carrying out of works and nothing in the Environment Effects Act 1978 applies to the carrying out of works authorised by and in accordance with this Act by or at the request of the Corporation in the declared area for a year or in a designated access area.

S. 48(2) amended by No. 87/1995 s. 13(c).

(2) Nothing in Part 7 of the Conservation, Forests and Lands Act 1987 applies to the carrying out of works authorised by and in accordance with this Act by or at the request of the Corporation in the declared area for a year or in a designated access area.

49 Freedom of Information Act 1982

(1) Despite anything to the contrary in the Freedom of Information Act 1982, that Act does not apply to a document, whether created before, on or after the commencement of this section, to the extent that the document is, or discloses information about a contract between the Corporation or a company referred to in subsection (2) and one or more of—

(a) the bodies, whether corporate or unincorporate, partnerships or trusts—

(i) granting the right to hold a round of the Fédération Internationale de l'Automobile Formula One World Championship; or

(ii) responsible for the organisation of, or granting the right to hold, an approved motor sport event;

(b) bodies, whether corporate or unincorporate, partnerships or trusts owned by, or associates of, a body, partnership or trust referred to in paragraph (a);

(c) a person not ordinarily resident in Australia in concert with whom a body, partnership or trust referred to in paragraph (a) or (b) is acting in relation to that contract.

S. 49(2) amended by No. 44/2001 s. 3(Sch. item 9(a)).

(2) The companies referred to in this subsection are the following companies—

(a) Melbourne Grand Prix Promotions Pty Ltd A.C.N. 059 230 278;

(b) Melbourne Major Events Company Ltd A.C.N. 050 270 089.

(3) Despite anything to the contrary in Part 7 of the Financial Management Act 1994, the Corporation is not required to disclose in a report under that Part any information about a contract to which subsection (1) applies.

(4) This section does not affect the rights of the parties in the proceeding known as Mildenhall and Department of Treasury, Melbourne Grand Prix Promotions Pty Ltd and Melbourne Major Events Company Ltd (No. 1994/017694) in the Administrative Appeals Tribunal or in any proceeding by way of appeal from a decision in that proceeding.

(5) In subsection (1), associate means—

(a) in relation to a body corporate—

(i) a director or secretary of the body;

S. 49(5)(a)(ii) amended by No. 44/2001 s. 3(Sch. item 9(b)).

(ii) a related body corporate within the meaning of section 50 of the Corporations Act;

(iii) a director or secretary of such a related body corporate;

(b) in relation to an unincorporated body, a member or officer of that body;

(c) in relation to a partnership, a partner;

(d) in relation to a trust, a trustee or beneficiary.

50 Supreme Court—limitation of jurisdiction

It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in respect of, or of anything done under, section 28, 29, 30 (except subsection (5)), 32 or 33 or entertaining actions relating to a matter referred to in section 34(3) or 46 or of a kind referred to in section 29 or 30 (except subsection (5)).

S. 50A inserted by No. 70/2004 s. 23.

50A Limitation of Supreme Court's jurisdiction—State Sport Centres (Amendment) Act 2004

It is the intention of section 34(3A) to alter or vary section 85 of the Constitution Act 1975.

51 Regulations

(1) The Governor in Council may make regulations for or with respect to—

S. 51(1)(a) amended by No. 87/1995 s. 13(d).

(a) the control, management and use of the declared area in respect of a year during the race period in respect of that year or of a designated access area;

S. 51(1)(b) amended by No. 87/1995 s. 13(e).

(b) the prohibition or regulation of any activity in the declared area in respect of a year during the race period in respect of that year or in a designated access area;

S. 51(1)(c) amended by No. 87/1995 s. 13(f).

(c) the exclusion or expulsion from the declared area in respect of a year during the race period in respect of that year or from a designated access area of persons found contravening the regulations;

S. 51(1)(ca) inserted by No. 87/1995 s. 13(g).

(ca) for the purpose of the safe and orderly carrying out of works, provision of services or undertaking of activities in the declared area in respect of a year or in a designated access area, the regulation of the conduct of persons within that declared area or designated access area, during a specified period not exceeding 17 weeks and—

S. 51(1)(ca)(i) amended by No. 39/2025 s. 28(1)(a)(i).

(i) beginning not more than 11 weeks before the race period in respect of that year; and

S. 51(1)(ca)(ii) amended by No. 39/2025 s. 28(1)(a)(ii).

(ii) ending not more than 3 weeks after that race period;

S. 51(1)(cb) inserted by No. 87/1995 s. 13(g).

(cb) the exclusion or expulsion, during a specified period not exceeding 17 weeks and—

S. 51(1)(cb)(i) amended by No. 39/2025 s. 28(1)(b)(i).

(i) beginning not more than 11 weeksbefore the race period in respect of a year; and

S. 51(1)(cb)(ii) amended by No. 39/2025 s. 28(1)(b)(ii).

(ii) ending not more than 3 weeks after that race period—

from the declared area in respect of that year or from a designated access area of persons who, within the area, obstruct, hinder or endanger the carrying out of works, the provision of services or any other activity undertaken by or on behalf of the Corporation under this Act;

S. 51(1)(cc) inserted by No. 39/2025 s. 12(1).

(cc) prescribing the information to be included in a public access area declaration;

S. 51(1)(d) amended by No. 87/1995 s. 13(h).

(d) the prohibition or regulation of the driving or parking or leaving parked of vehicles within the declared area in respect of a year during the race period in respect of that year or within a designated access area;

S. 51(1)(e) amended by No. 87/1995 s. 13(i).

(e) the prohibition or regulation of any activity in an area fenced off or cordoned off in accordance with section 32 or 32A;

S. 51(1)(ea) inserted by No. 39/2025 s. 28(1)(c).

(ea) prescribing the amount, or the method of calculating the amount, that the Corporation must pay to the committee of management in respect of each race period in respect of a year under section 41;

(f) prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations—

(a) may be of general or limited application;

(b) may differ according to differences in time, place or circumstance;

(c) may confer a discretionary authority or impose a duty on a specified person or class of persons;

S. 51(2)(ca) inserted by No. 39/2025 s. 12(2).

(ca) may provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified;

(d) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.

S. 51(3) amended by No. 78/2010 s. 24(Sch. 1 item 3.1).

(3) Regulations made under this section may be disallowed in whole or in part by resolution of either House of the Parliament.

S. 51(4) repealed by No. 78/2010 s. 24(Sch. 1 item 3.2).

(5) In proceedings in respect of an offence against a regulation—

S. 51(5)(a) amended by No. 45/2009 s. 3.

(a) an allegation in the complaint that a person named in the complaint was the owner of a specified vehicle on a specified day is deemed to be proved in the absence of evidence to the contrary; and

S. 51(5)(b) amended by No. 45/2009 s. 3.

(b) if it is proved that a vehicle was parked on any land in contravention of a regulation, it shall be presumed, in the absence of evidence to the contrary, that the vehicle was so parked by the owner of the vehicle.

S. 51(6) amended by Nos 32/2006 s. 94(Sch. item 3(1)), 37/2014 s. 10(Sch. item 7.3), 39/2025 s. 28(2).

(6) If a police officer or a person authorised in writing by the Corporation for the purposes of this subsection has reason to believe that a person has committed an offence against a regulation under subsection (1)(d), the police officer or authorised person may cause to be served an infringement notice.

S. 51(6A) inserted by No. 32/2006 s. 94(Sch. item 3(2)).

(6A) An offence referred to in subsection (6) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

S. 51(6B) inserted by No. 32/2006 s. 94(Sch. item 3(2)).

(6B) The infringement penalty for an offence referred to in subsection (6) is the prescribed penalty in respect of the offence.

(7) Part 7 of the Road Safety Act 1986 applies in respect of an infringement referred to in subsection (6) as if the infringement were a parking infringement within the meaning of that Part.

S. 51(8) inserted by No. 39/1995 s. 6.

(8) A reference in section 458 of the Crimes Act 1958 to an offence includes a reference to an offence against a regulation made under this Act.

New s. 52 inserted by No. 45/2009 s. 4.

52 Transitional provision—Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009

Despite the commencement of section 3 of the Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, section 51(5) as in force immediately before that commencement continues to apply to any proceedings in respect of an offence that were commenced but not completed before that commencement.

Pt 5 (Heading and ss 52, 53) repealed by No. 87/1995 s. 14.

Schedules

Schedule 1—Albert Park

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Schedule 2—Logos

Part A

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Part B

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 15 September 1994

Legislative Council: 12 October 1994

The long title for the Bill for this Act was "A Bill to establish a body corporate to be known as the Australian Grand Prix Corporation, to amend the Borrowing and Investment Powers Act 1987 and the Liquor Control Act 1987 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 15 September 1994

Legislative Council: 12 October 1994

Absolute majorities:

Legislative Assembly: 7 October 1994

Legislative Council: 13 and 18 October 1994

The Australian Grand Prix Act 1994 was assented to on 25 October 1994 and came into operation as follows:

Part 1 (sections 1–6) on 25 October 1994: section 2(1); rest of Act on 28 October 1994: Government Gazette 27 October 1994 page 2854.

The name of this Act was changed from the Australian Grand Prix Act 1994 to the Australian Grands Prix Act 1994 by the Australian Grand Prix (Further Amendment) Act 1995, No. 87/1995 section 4.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Australian Grands Prix Act 1994 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Australian Grand Prix (Amendment) Act 1995, No. 39/1995

Australian Grand Prix (Further Amendment) Act 1995, No. 87/1995

Land (Reservations and other Matters) Act 1997, No. 100/1997

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Land (Revocation of Reservations) Act 2000, No. 40/2000

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Major Events (Crowd Management) Act 2003, No. 19/2003

State Sport Centres (Amendment) Act 2004, No. 70/2004

Public Administration Act 2004, No. 108/2004

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Water (Governance) Act 2006, No. 85/2006

Public Health and Wellbeing Act 2008, No. 46/2008

Major Sporting Events Act 2009, No. 30/2009

Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, No. 45/2009

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Subordinate Legislation Amendment Act 2010, No. 78/2010

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

Local Government Act 2020, No. 9/2020

State Sport Centres Legislation Amendment Act 2022, No. 41/2022

Australian Grands Prix Amendment Act 2025, No. 39/2025

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3 Explanatory details

1. S. 3(2): Sections 7, 8 of the Australian Grand Prix (Amendment) Act 1995, No. 39/1995 read as follows:

7 Validation

Subject to section 8, anything done or purported to have been done before the commencement of this section in accordance with, or under the authority of, or by reference to, the Principal Act is deemed to have been done in accordance with, or under the authority of, or by reference to, the Principal Act as if the Principal Act had been enacted as amended by section 4.

8 Proceedings

Proceedings may not be brought or continued in respect of an offence committed or alleged to have been committed before 25 May 1995 in the declared area within the meaning of the Principal Act as amended by this Act, being an offence against section 9(1)(d) of the Summary Offences Act 1966 or against the Australian Grand Prix (Works) Regulations 1994 or the Australian Grand Prix (Works) Regulations 1995. ↑