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When the Australian Grand Prix Act was first introduced, as a bill, into the Victorian Parliament, there was a major outcry. Not just from groups opposed to holding the Grand Prix in Albert Park but also from the Law Institute of Victoria, the governing body of solicitors, the Bar Council, the governing body of barristers, the Council for Civil Liberties and the Opposition. The objections focused on a number of extraordinary provisions which remove the Grand Prix from all the usual checks and balances which ordinarily protect the public by ensuring that no single arm of government is inordinately powerful or unaccountable. Apart from a few minor changes, the Government was able to pass the Act with their majority in both Houses in October 1994 and this draconian legislation is now law. The Regulations were subsequently issued by the Government pursuant to the Act.
Amendments to the Act, May 1995
The Government has since amended the Act retrospectively to rectify the deficiencies noted by the
Magistrate.
It has "validated" all works undertaken in the Park since October and granted an "amnesty" to all
those protesters who
had been arrested since then (even though the Magistrate had already held that they had not been
guilty of any offence!).
The fencing powers of the AGPC have been extended to Melbourne Parks and Waterways.
Following the arrests of over 250 protesters the first of the court hearings was held on the 23 and 24 May 1995. The Magistrate dismissed the charges of trespass under the Act because the relevant Minister of the Victorian Government had invalidly excercised his powers granted by the Act. The Minister had the power to "declare" areas of Albert Park for a period of one year, but he had attempted to "declare" it for two years and had failed to state the date of commencement. Therefore, the protesters were entitled to be in the Park at the time of their arrest.
The Government has since amended the Act retrospectively to rectify the deficiencies noted by the Magistrate. It has "validated" all works undertaken in the Park since October and granted an "amnesty" to all those protesters who had been arrested since then (even though the Magistrate had already held that they had not been guilty of any offence!). The fencing powers of the AGPC have been extended to Melbourne Parks and Waterways.
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Australian Grand Prix Corporation
The Act sets up the Australian Grand Prix Corporation (AGPC) which is responsible for construction
of the track and facilities, and for running the event. It has the usual company structure of a statutory
body (Part 2).
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No Compensation
No compensation is payable to anyone in respect of: works undertaken by the AGPC in Albert Park;
the management of the park during the race period including any nuisance; the fencing and cordoning
off of the park or the closure of any road (s 42). Owners of homes damaged as a result of compaction
works and/or local residents involved in the building of the children's playground cannot sue for
compensation or prevent the damage occurring.
Businesses in the park may apply for compensation for loss of profits during the race period, but not during construction of the track which is of a longer duration. However, the compensation payable is not the actual losses suffered but a special formula which requires the businesses to engage an auditor, a costly procedure not otherwise required of small businesses (s 30).
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No Environmental & Planning Laws
The Act provides that certain laws which ordinarily would apply to a company and to a public park do
not apply. These include environmental laws which protect native birds and animals and prevent
pollution. They are the Crown Land (Reserves) Act, Planning and Environment Act, Albert Park
Land Act, Environmental Effects Act, Conservation, Forests and Lands Act (s 48). Also the
Melbourne and Metropolitan Board of Works Act and the Building Act do not apply to the
construction of the track or any other works.
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Powers
The AGPC's powers, however, are most unusual. It can "cordon or fence off" any area within the park
(the "declared area") for any length of time for any of its purposes (s 32). The AGPC can order any
tree to be cut down, building demolished, playgrounds or ovals removed and roads closed (s 28). It
has the power to prohibit or regulate activity within the park including free access to the park,
sporting activities and business operations (s 51 ).
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Regulations
The Act provides for the making of special regulations with respect to the Grand Prix (s 51 ). The
regulations which are currently in force impose a penalty of $2000 for persons entering into or
remaining in an area which has been fenced off or cordoned off by the AGPC. There is also a penalty
of $2000 for hindering or interfering with any activity of the AGPC in a cordoned or fenced off area.
These are the penalties which those arrested to date will face.
The Government may make regulations preventing any protest against the race. Its powers under the Act (s 51 ) to make regulations are very broad and do not have to be passed by Parliament in the same way as an Act.
The Government may make regulations preventing any protest against the race. Its powers under the Act (s 51) to make regulations are very broad and do not have to be passed by Parliament in the same way as an Act.
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Removal of Supreme Court - Amendment of Victorian
Constitution
As a matter of public policy the courts will not allow an exclusion of liability for injury to persons.
However, the jurisdiction of the Supreme Court has been removed (s 50) to prevent any challenges to
the Act. Access to the Supreme Court is a cornerstone of our system of government. The purpose of
the courts is to protect citizens from the excesses of government. It was necessary for the Government
to amend the Victorian Constitution in order to prevent the Supreme Court from hearing such actions.
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Secrecy
The Act specifically prevents the disclosure of details of budgets and business plans of the AGPC for a
period of five years after the close of the relevant financial year (s 25). The public has no right to
know about the contents of any contract entered into with any of the Formula 1 entities or Bernie
Ecclestone personally. The Act overrides the Freedom of Information Act (s 49).
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Postal Address: PO Box 1300, South Melbourne DC, Victoria, Australia 3205
Telephone: 61 3 9690 3855 ; Fax: 61 3 9690 3544
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