Hansard debates

Anthony CARBINES (Ivanhoe – Leader of the House, Minister for Police, Minister for Community Safety, Minister for Victims, Minister for Racing) (10:49): Under the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility:

Opening paragraphs

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the Charter), I make this Statement of Compatibility with respect to the Racing Legislation Amendment (Entity Governance and Other Matters) Bill 2026 (the Bill).

In my opinion, the Bill, as introduced to the Legislative Assembly, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.

Overview

The Bill amends the Racing Act 1958 (the Racing Act) to:

• amalgamate the functions and powers of the Racing Integrity Commissioner and the Victorian Racing Integrity Board into a new integrity assurance body;

• facilitate the establishment of successor entities of Greyhound Racing Victoria (GRV) and Harness Racing Victoria (HRV) as public companies limited by guarantee;

• provide legal authority for the successor entities to act as the controlling bodies for greyhound and harness racing in Victoria, and to grant those bodies specific powers to enable them to fulfil their purposes;

• include savings, transitional and consequential amendments relating to the amalgamation of the Racing Integrity Commissioner and Victorian Racing Integrity Board, and the transition of GRV and HRV to public companies limited by guarantee; and

• make various other amendments to improve and modernise the operation of the Racing Act.

The Bill amends the Australian Grands Prix Act 1994 (AGP Act) to:

• enable the Minister to approve a motor sport event, for the purposes of section 20(e) of the AGP Act, by notice published in the Government Gazette, and

• provide the Australian Grand Prix Corporation (AGPC) with the power to do the following in relation to approved motor sport events:

• establish supporting facilities, services and activities in connection with holding an approved motor sport event; and

• charge and collect fees for admission, whether the approved motor sport event is held at the Phillip Island Grand Prix circuit or elsewhere; and

• grant, for free or for other consideration advertising rights, sponsorship rights, broadcasting rights or television rights or any other rights, licences or concessions in connection with an approved motor sport event.

The amendments made by the Bill will support the AGPC to host approved motor sport events, by empowering the AGPC with similar powers it has under AGP Act in relation to other events the AGPC hosts, such as the Formula One Grand Prix, the Australian Motorcycle Grand Prix, and approved events – being events which are not Formula One events or motor sport events.

Human Rights Issues for the Racing amendments

The following rights are relevant to the Bill:

• recognition and equality before the law (section 8);

• privacy and reputation (section 13);

• the right to freedom of expression (section 15);

• the right to freedom of association (section 16);

• the right to take part in public life (section 18);

• the right to property (section 20); and

• the right to a fair hearing (section 24).

Under the Charter, rights can be subject to limits that are reasonable and justifiable in a free and democratic society based on human dignity, equality and freedom. Rights may be limited to protect other rights.

Any limitations of these rights in the Bill are reasonable and justified in accordance with section 7(2) of the Charter.

Equality (section 8)

Everyone is entitled to equal and effective protection against discrimination, and to enjoy their human rights without discrimination. The meaning of discrimination is found in the Equal Opportunity Act 2010 (Vic). The Equal Opportunity Act outlines attributes protected in Victoria under this law, this includes ‘industrial activity’.

‘Profession, trade or occupation’ is a protected attribute in section 6 of the Equal Opportunity Act, which is relevant to the Bill. The Equal Opportunity Act does not define ‘profession, trade or occupation’ however a fair reading would suggest that this section protects Victorians who face discrimination and stigma because of their employment.

Racing Integrity Commission Victoria (RICV)

The eligibility criteria for appointment to both the RICV Board and the role of Deputy Chairperson of the Victorian Racing Tribunal engage section 8 of the Charter as they restrict who can be appointed. The criteria are specifically set out in the new sections 82C, 82D and 50H. The limitation on section 8 of the Charter is necessary, reasonable and proportionate to ensure the Board and Tribunal are constituted with individuals who have the requisite skillset to perform their functions to a standard that will uphold integrity in the racing industry and ensure public confidence.

HRV and GRV

The new sections 116 and 123 promote section 8 of the Charter as they ensure the employees of GRV and HRV are employed on the same terms and conditions with the successor entities following the transfer of their employment. Although employees will be employed on ‘the same’ terms and conditions, there will be aspects of the public sector employment framework that will be unavailable to employees when they transfer into private sector employment with the successor entities. In particular, the statutory protections and obligations set out in the Public Administration Act 2004 (Vic) will not apply to the successor entities as they will not be public entities. This will mean that the public sector employment principles and values, and the obligation to comply with Victorian Public Sector Commission codes and standards will not apply, neither will the Public Sector Industrial Relations Policies 2025. However, the new sections 116 and 123 will protect the individual’s overarching entitlements to employment benefits with the successor entities and ensure their service with GRV and HRV is treated as being continuous following transfer to the successor entities. In doing this, sections 116 and 123 ensure the integrity and effect of the employee’s lawful actions in their employment with GRV and HRV is maintained through their transfer of employment to the successor entities. This promotes and protects the rights of the employees pursuant to section 8 of the Charter.

The new sections 114(c) and 121(c) ensure that the successor entity is substituted into any contract entered into by GRV and HRV as a party, including the executive employment contracts. This promotes section 8 of the Charter by securing the employment of the executives of GRV and HRV on substantially the same terms and conditions with the successor entities following the transfer of employment.

Right to privacy (section 13(a))

Section 13(a) of the Charter provides that a person has the right not to have their privacy unlawfully and arbitrarily interfered with.

‘Personal information’ is defined in section 3(1) of the Privacy and Data Protection Act 2014 to mean any information or opinion, whether true or not, that is recorded in any form, about an individual whose identity is apparent or can readily be ascertained, from the information.

Racing Integrity Commissioner

The Racing Integrity Commissioner has held the power to receive, process and share integrity related information since the role was established through the Racing Legislation Amendment (Racing Integrity Assurance) Act 2009.

The Bill amends the existing section 37B, which outlines the functions of the Racing Integrity Commissioner. These functions include the ability to conduct racing integrity related audits, investigations and own motion inquiries, as well as writing reports and making recommendations as part of investigations and inquiries.

These functions require the Racing Integrity Commissioner to receive, process and, in certain circumstances, share personal information. This gives rise to a prima facie interference with the privacy of individuals, albeit the interference is both lawful and necessary.

Where section 13(a) of the Charter is interfered with by the Bill, such interference is clearly provided for and is intended to equip the Racing Integrity Commissioner with the powers required to uphold the integrity of racing in Victoria. Interference with the right to privacy of persons occurs only as so far as is necessary. As such, the limitation of the right is reasonable and justified in a democratic society.

The right to privacy is engaged by the information sharing and consultation arrangements proposed in the new sections 37BAA(3)(a), 37BAB(1), 37BAC, 37BAE, 37BAF, 37F, 37FA(4) and 82K. The Racing Integrity Commissioner is responsible for investigating and liaising with external agencies in relation to racing integrity matters. The ability to share information in that context is critical to the overall success of the Racing Integrity Commissioner in their role of upholding integrity in Victorian racing.

The power to disclose personal information to specific third parties was prescribed through section 37E of the Racing Act, this contained both an exhaustive list of who information could be disclosed to, and a non-exhaustive list of what integrity related information was. The Bill substitutes a new section 37E into the Racing Act which largely aligns with the existing powers of the Racing Integrity Commissioner within this section. There is an expansion of the definition of ‘integrity related information’ to include information related to ‘inquiries conducted under this Part’, but this is a proportionate expansion and necessary in the context of the Racing Integrity Commissioner’s power to conduct own motion inquiries prescribed within the Bill through the new section 37BAA.

The power for the Racing Integrity Commissioner to disclose information to appropriate agencies or persons, such as Victoria Police or the Ombudsman, through the new section 37E is necessary to uphold integrity in the Victorian racing industry. It is essential to any subsequent investigation that ‘integrity related information’ is disclosed to enable a full and proper investigation by the appropriate agency. Any interference with section 13(a) of the Charter is not arbitrary because the Racing Integrity Commissioner is subject to the requirements of the Privacy and Data Protection Act 2014. In addition, the new section 37E confines the disclosure of information by the Racing Integrity Commissioner to ‘integrity related information’ only and to a limited number of bodies or persons. This acts as a further protection against the arbitrary disclosure of information and represents a proportionate limit on the power.

The wording of the previous section 37E of the Racing Act, requiring that the Racing Integrity Commissioner only disclose information ‘as appropriate’, is retained. This means that the Racing Integrity Commissioner will exercise their power to disclose information at their own discretion. Although this is a significant discretionary power, the Bill maintains the safeguard against the abuse of such a power by requiring the Commissioner to submit to the Minister an annual report on the performance of their functions and the exercise of their powers, which will be tabled in Parliament, pursuant to the amended section 37F. This ensures accountability for the Racing Integrity Commissioner and acts as a check on the lawful use of their power.

The Bill clearly specifies the circumstances in which the sharing of information by the Racing Integrity Commissioner is lawful. The new sections 37BAB and 37BAC identify who a complaint can be referred to and the new section 37E prescribes who information can be disclosed to.

The provisions in the Bill that relate to the collection and sharing of information by the Racing Integrity Commissioner serve the legitimate aim of upholding integrity within the racing industry and are necessary to ensure the robust operation of the Victorian racing industry’s integrity framework. This ensures public confidence and protects against corruption. Further, the individuals impacted by these provisions have a limited expectation of privacy in a regulated industry. For these reasons, any interference with privacy is neither unlawful nor arbitrary, such that the right to privacy is not limited by the provision.

RICV

The Bill engages section 13(a) of the Charter through the functions of RICV. The new section 82B provides that the RICV may receive and deal with complaints about the performance of the Racing Integrity Commissioner, as well as liaise with and give advice to the Minister, the controlling bodies and the Racing Integrity Commissioner. The new section 82NF sets out the process for dealing with a complaint, which includes the sharing of information that might be personal. In receiving and sharing personal information in the course of its duties, the RICV may interfere with a person’s right to privacy.

There are limits within the Bill on the RICV’s powers to deal with complaints about the Racing Integrity Commissioner, for example the complaint must relate to the performance of the Racing Integrity Commissioner’s functions and powers. In addition to this, any advice or liaison with the Minister, the Racing Integrity Commissioner or the controlling bodies must be in relation to racing integrity matters.

These powers are given to the RICV to ensure that the Racing Integrity Commissioner, the Minister and the controlling bodies are appropriately executing their integrity related functions. Any associated interference with an individual’s right to privacy occurs only as so far as is necessary to further this aim. The exercise of the power is monitored through the requirement that the RICV submit to the Minister an annual report on its operations, which will be tabled in Parliament, pursuant to the new section 82NA. This provides a mechanism by which the RICV is directly accountable for its operations. As such, the interference with section 13(a) of the Charter is neither unlawful nor arbitrary and the right to privacy is not unreasonably limited by the functions of the RICV.

HRV and GRV

Following the certification of the successor entities of GRV and HRV, the property rights, liabilities and entitlements will be vested in the successor entities through the new sections 114 and 121. In addition to this, the successor entity will be substituted as a party to any arrangement entered into with the previous entities, or any proceedings in a court or tribunal which the previous entity were involved in. This may incidentally include or refer to information relating to persons. In each instance, the disclosure of information will be to the successor entity, as such disclosure is required to enable the new entity to undertake their new lawful duties, functions, or powers and fulfil any relevant liabilities or obligations.

The transfer of information from HRV and GRV to their successor entities may limit the right to privacy in the Charter. However, such a transfer would be lawful and aligned with the legitimate aims of the Bill of ensuring administrative continuity and effective delivery of statutory functions and services following the certification of the successor entities. In addition to this, the successor entities will be subject to legal obligations in relation to the handling, use and protection of information, such as the Privacy and Data Protection Act 2014.

It is accepted that the transition of functions, powers and assets through the Bill from HRV and GRV to the successor entities may incidentally involve the transfer or disclosure of information about individuals, but any such interference with privacy will occur in accordance with law, will pursue a legitimate and proportionate objective, and will not be arbitrary.

Right to reputation (section 13(b))

Section 13(b) of the Charter provides that a person has the right not to have their reputation unlawfully attacked.

The Racing Integrity Commissioner

The new section 37BAE gives the power to the Racing Integrity Commissioner to report the findings of an investigation or inquiry, or to make recommendations following the completion of an investigation or inquiry. This could result in an individual experiencing damage to their reputation. However, to uphold integrity standards and ensure accountability for those that fail to meet those standards, it is necessary for the Racing Integrity Commissioner to be able to take further action upon the completion of any investigation or inquiry, even if that might result in reputational harm. The further actions that are permitted within the new section 37BAE are clearly prescribed and are subject to proportionate limitations, for example section 37BAE(2) prevents the Racing Integrity Commissioner from identifying the complainant and the person who is the subject of the complaint if they are making a report pursuant to section 37BAE(1)(a). Further to this, when considering whether section 13(b) of the Charter is engaged, it is important to consider that an individual is only protected from having their reputation ‘unlawfully attacked’. This Bill outlines the lawful processes that the Racing Integrity Commissioner must follow as part of any investigation or inquiry, any reputational harm that results following the proper completion of an investigation or inquiry would be lawful and therefore not an unlawful interference with an individual’s rights pursuant to section 13(b) of the Charter.

RICV

The Governor in Council, on the recommendation of the Minister, previously had the power to remove members of the Victorian Racing Tribunal and Victorian Racing Integrity Board. This engaged the right to reputation. This power has been retained through the new section 82H, but it will now be applied to the RICV Board.

The RICV Board has the power pursuant to the new section 82NG to make a recommendation to the Minister that the Racing Integrity Commissioner be removed in circumstances where a complaint is made out against them.

The interference of the new sections 82H and 82NG to the right to reputation of the RICV Board members, and the Racing Integrity Commissioner, are neither arbitrary nor unlawful. The interference with reputation is limited to the circumstances outlined in sections 82H(a), (b) and 82NG(2)(c). These restrictions on the right to reputation are necessary to ensure that the functions of the RICV and the Racing Integrity Commissioner can be performed free from any perception of bias or conflict of interest and to ensure good governance led by members of appropriate expertise. As such, the interference is justified in a democratic society.

HRV and GRV

The Minister previously had the power to remove directors of the Board from HRV and GRV. The Minister will retain that power over the successor entities through the new sections 38C and 66C. This power does not automatically limit an individual’s right to reputation, it will depend on the circumstances of the removal and, in particular, whether the removal results in reputational harm. It is imperative that the Minister retains the power to remove directors to secure effective oversight of harness and greyhound racing in Victoria. Such a limitation on the right to reputation is reasonable and justified having regard to the importance of integrity and public confidence in the Boards of the successor entities.

The new sections 116 and 123 provide for the transfer of employees from GRV and HRV to the successor entities. The transfer of an individual’s employment is a necessary structural measure to ensure the efficient and effective reorganisation of GRV and HRV into the successor entities. The transfer of employees is not an assessment of their competence or conduct. If the transfer of employment to the successor entities results in an employee’s reputation being incidentally impacted, then it would be a proportionate and lawful consequence of the decision to restructure public entities for legitimate purposes. The Bill’s provisions may engage the right to reputation, but any limitation is reasonable and demonstrably justified in a free and democratic society. Therefore, the Bill is consistent with the right in section 13(b) of the Charter.

Freedom of expression (section 15)

Section 15(1) of the Charter provides that every person has the right to hold an opinion without interference. Section 15(2) of the Charter provides that every person has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds, whether within or outside Victoria and whether orally; or in writing; or in print; or by way of art; or in another medium chosen by him or her.

Racing Integrity Commissioner

The right to freedom of expression is engaged by the new section 37BDA. This gives the power to an individual to seek legal advice and be represented by a legal practitioner in relation to an inquiry or investigation conducted by the Racing Integrity Commissioner. The section generally empowers the rights of the individual under section 15(2) of the Charter by clearly stating their right to seek, receive and benefit from legal advice and representation.

The new section 37BDA(4) gives the power to the Racing Integrity Commissioner to direct that an individual cannot seek legal advice or representation from a specified legal practitioner if there are reasonable grounds for believing that the inquiry or investigation to which the matter relates may be prejudiced because the legal practitioner is representing another person who is involved, or suspected of being involved in the matter that is the subject of the inquiry or investigation. This limits section 15(2) of the Charter, but the limit is not arbitrary because the Bill outlines the circumstances where the Racing Integrity Commissioner may exercise this power. In addition, the Bill safeguards against any detriment the individual may experience from the exercise of the power under section 37BDA(4) by ensuring that the individual is given additional time to obtain alternative legal representation pursuant to section 37BDA(6). In the circumstances, this is a reasonable limit to maintain the independence and integrity of any investigation or inquiry.

Freedom of association (section 16)

Section 16(2) of the Charter provides that every person has the right to freedom of association with others, including the right to form and join trade unions.

Racing Victoria, HRV and GRV

The successor entities for HRV and GRV will retain the function to make rules for the control, supervision and regulation of their respective racing industries in Victoria, through sections 38D and 66D respectively. The Bill will also include a new section 3CA which will make explicit that Racing Victoria has the equivalent function in the Victorian horse racing industry. The successor entities and Racing Victoria will be able to enforce the rules, which will include the power to suspend or exclude an individual from participation. This engages section 16(2) of the Charter as it limits an individual’s right to associate, assemble and participate. This limitation is both proportionate and justified because the integrity and effective governance of harness, greyhound and horse racing in Victoria hinges on the ability of the controlling bodies to implement and uphold rules that maintain lawful participation. In particular, these functions and powers allow the controlling bodies to act in a way that: upholds integrity in racing; ensures public confidence; safeguards against animal welfare risks and maintain standards for equipment used in racing. The penalties of breaking those rules, such as exclusion or suspension, may limit section 16(2) of the Charter, but such a limit is necessary and proportionate in the context of the overarching importance of the rules in protecting these fundamental elements of harness, greyhound and horse racing in Victoria.

HRV and GRV

The new sections 118 and 125 have the effect of retaining the decisions previously made by HRV and GRV relating to the exclusion or suspension of individuals. These new sections ensure that any decision previously made in accordance with the rules would be taken as if it were made by the successor entity. This engages section 16(2) of the Charter as it restricts participation. The limit is justified to maintain integrity, safety and public confidence in racing. The Bill simply retains these pre-existing decisions lawfully made under the previous rules and transfers the decisions to the successor entities.

The Bill expressly defines who the rules of the successor entities are binding upon in the new sections 38G and 66G. This ensures that the successor entities cannot exercise the powers given to them within the rules to apply penalties arbitrarily. In providing this reasonable and proportionate limitation of the application of the rules, the Bill further protects against the interference of an individual’s rights pursuant to section 16(2) of the Charter.

Taking part in public life (section 18)

Section 18(1) of the Charter provides that every person in Victoria has the right, and is to have the opportunity, without discrimination, to participate in the conduct of public affairs, directly or through freely chosen representatives.

RICV

This right is engaged by the eligibility requirements for appointments to the RICV Board. The new sections 82C and 82D provide criteria for appointments to the RICV Board.

The criteria and exclusions for appointments are set out in the Bill. They may be perceived as interfering with a person’s right to have access, on general terms of equality, to the Victorian public service and public office to the extent that they restrict who can be appointed based on defined criteria. However, these criteria ensure the appointment of members is based on principles of merit and facilitate effective governance practices and integrity. To the extent that these provisions impose a restriction on a person’s right to take part in public life, they are a reasonable limitation that is justified in a democratic society.

Property rights (section 20)

Section 20 of the Charter provides that a person must not be deprived of his or her property other than in accordance with law.

RICV

The eligibility requirements for appointment to the RICV Board engage this right. The new section 82C outlines eligibility requirements for the appointment of the RICV Board, including ineligibility if the person has, or obtains, a proprietary interest in a thoroughbred or standard bred racehorse, or a racing greyhound. This limitation is necessary to mitigate any commercial conflict of interest that may undermine the independence and impartiality of the Victorian racing industry’s integrity framework.

As part of the establishment of the RICV, the new section 82A(2)(d) gives the power to the RICV to acquire, hold and dispose of real and personal property. This provision is included to assist with the effective organisation and running of the RICV. It allows them to purchase and maintain property for that reason. There is no power within this Bill for the RICV to collect fines or acquire property for a punitive purpose. On that basis, this provision does not engage section 20 of the Charter.

HRV and GRV

The new sections 114 and 121 transfer property rights and liabilities that were vested in GRV and HRV to the successor entities. This may impact on the property rights of individuals where they have an existing property or financial relationship with GRV or HRV. An example of this would be if an individual was owed a debt or was due to receive a bonus payment from GRV or HRV. Section 114 and 121 do not limit the property rights that arise from section 20 of the Charter, instead they have the effect of promoting and protecting those rights.

Fair hearing (section 24)

Section 24(1) of the Charter provides that a person charged with a criminal offence or a party to a civil proceeding has the right to have the charge or proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing.

RICV

The new section 82NC provides the RICV Board members with statutory immunity from civil liability and restricts causes of actions being brought against a member of the RICV Board. These immunities interfere with a person’s right to a fair hearing as they restrict the right of an individual to pursue a legal course specifically in relation to members of the Board.

The limitation of the liability of the RICV Board members confines claims that might otherwise have existed under statute or general law. However, it is appropriate as the absence of immunity may undermine the function of the Board members who would operate under a fear of liability. The provisions promote the independence of the RICV Board. In addition to this, the protection is limited within section 82NC(1)(a) and (b) and any individual seeking to pursue a cause of action following a perceived wrong is still able to bring a claim against the Integrity Commission, pursuant to the new section 82NC(2). For these reasons, the interference is justified in a democratic society.

The new section 82ND(2) introduces a time limit on when a complaint can be made to the RICV about the Racing Integrity Commissioner. The time limit engages section 24 of the Charter it may restrict an individual’s access to the complaints process if a complaint is pursued out of time. However, the time limit is necessary to promote procedural fairness and ensure a timely resolution to issues. This reduces the risk of prejudice arising from the delay of any investigation process. In that context, the extent to which the time limit restricts section 24 of the Charter is reasonable and justified.

The new section 82NE(2) outlines circumstances in which the RICV Board may reject a complaint. This is a procedural filtering mechanism which is a legitimate aspect of a fair hearing system. Section 24 of the Charter does not guarantee an unconditional right to have a complaint accepted. Section 82NE(2)(b) details the statutory criteria that set fair limits on the pursuit of a complaint. These limitations are necessary to avoid the misuse of the complaints process. In addition to the clearly defined limits, section 82NE(3) requires the RICV Board to set out in writing for the complainant, as soon as possible, the reasons for rejecting a complaint. These safeguards ultimately promote section 24 of the Charter and are reasonable and justified.

Victorian Racing Integrity Board

The Victorian Racing Integrity Board will be abolished by the Bill. It is intended that the RICV will manage all integrity outcomes currently provided by the two bodies and enhance the integrity framework by streamlining functions, reducing confusion amongst stakeholders, while reducing the overall burden on code bodies and sharing support staff, information and expertise. As a result of these improvements, to the extent to which section 24 of the Charter might be engaged, the right is strengthened through the changes.

Human rights issues for the Australian Grands Prix amendments

The following rights are relevant to the Bill:

• freedom of movement (section 12)

• freedom of expression (section 15)

• the right to property (section 20)

Clause 81 of the Bill amends the AGP Act to provide for three new powers for the AGPC. This reform is aimed at providing the AGPC with similar powers for hosting approved motor sport events to those it is already granted under section 21(1) of the AGP Act for hosting other events (such as the Formula One Grand Prix and approved events).

Clause 81(1) provides the AGPC with a new power to establish supporting facilities, services and activities in connection with holding an approved motor sporting event. This reform may engage the right protected under section 12 (freedom of movement) of the Charter but does not restrict this right.

Freedom of movement (section 12)

It is possible that the AGPC exercising its new power to establish any supporting facilities, services and/or activities in connection with holding an approved motor sport event may engage the right to freedom of movement.

However, it is noted that unlike other powers that the AGPC has under the AGP Act in relation to hosting other events, this amendment does not provide the AGPC with the power to control or restrict admission to any supporting facilities, services or activities held in connection with holding an approved motor sport event.

This is compared to the powers the AGPC has under the AGP Act for controlling admission to certain areas in Albert Park for hosting Formula 1 Grand Prix events (section 21(1)(d) of the AGP Act) and the Phillip Island Grand Prix circuit for Australian Motorcycle Grand Prix events (section 21(1)(da) of the AGP Act).

I consider then that where the right to the freedom of movement may be engaged by the reforms to the AGP Act made by this Bill, that the right is not restricted.

Power to charge and collect fees for admission to an approved motor sport event

Clause 81(2) provides the AGPC with the power to charge and collect fees for admission to an approved motor sport event, whether held at the Phillip Island Grand Prix circuit or at other motor sporting circuits elsewhere.

Property rights (section 20)

It may be possible that the reform to provide the AGPC the power to charge and collect fees for admission to approved motor sport events, engages with the property rights of motor sport circuit owners, in their ability to charge entry or otherwise organise motor sport event at these venues.

As section 6(1) of the Charter provides that only persons have human rights, the extent to which this new power may engage with property rights is limited to scenarios where the AGPC has entered into an agreement with a motor sport circuit owner who is a natural person or an unincorporated entity, rather than a company or other incorporated body.

Further, this amendment does not prevent or restrict a motor sport circuit owner from charging and collecting fees for entry to the motor sport circuit, or to organise an event at their motor sport circuit. Rather, this amendment merely permits the AGPC, when hosting an approved motor sport event at Phillip Island Grand Prix circuit or elsewhere, to be able to charge and collect fees for admission to the event.

I therefore consider that where property rights may be engaged by the reforms made to the AGP Act by the Bill, that this right is not restricted.

Power to 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 an approved motor sport event

Clause 81(3) provides the AGPC with the power to grant advertising, sponsorship and broadcasting or television rights, or any other rights, licences or concessions in connection with an approved motor sport event.

It is intended that this will allow the AGPC to enter into commercial arrangements to support any approved motor sport event that it may be arranging.

Freedom of expression (section 15)

By providing the AGPC with the power to grant advertising, sponsorship, broadcasting and other rights in connection with hosting approved motor sport events, this could engage with the right to freedom of expression.

While this right may be engaged by this new power, it is noted that the reform does not empower the AGPC to authorise any recording or filming that is undertaken by people attending an approved motor sport event. This is compared to the power the AGPC is provided to authorise certain types of filming or recording of Formula 1 Grand Prix events, Australian Motorcycle Grand Prix events and approved events by patrons (see sections 35(1), 35(1A), and 42B(1) of the AGP Act).

I therefore consider that where the right to freedom of expression may be engaged by the reforms made to the AGP Act by the Bill, that this right is not restricted.

Other reforms made to the AGP Act by the Bill

In my view, the other amendment made in clause 80 by the Bill to the AGP Act, which enables the Minister to approve a motor sport event for the purposes of section 20(e), does not engage with any rights protected under the Charter.

Accordingly, I am satisfied that the reforms to the AGP Act introduced by this Bill are compatible with the Charter.

Hon Anthony Carbines MP

Minister for Racing