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WORLD SWIMMING CHAMPIONSHIPS (AMENDMENT) ACT 2006 (NO 66 OF 2006) - SECT 8

New sections 50A to 50D inserted

After section 50 of the Principal Act insert

        "50A.     Limitation on powers to make local laws

    (1)     This section applies during—

        (a)     the event period; or

        (b)     an access period.

    (2)     A Council must not make a local law under the Local Government Act 1989 for or with respect to—

        (a)     a Championships venue or a designated access area; or

        (b)     the carrying out of works for the purposes of the development or use of a Championships venue or a designated access area, including the timing of works (including hours for building) for, and standards of, construction of those works; or

        (c)     restricting the emanation of noise or light from a Championships venue or a designated access area; or

        (d)     restricting the use of any road for access to or egress from a Championships venue or a designated access area.

    (3)             Without limiting sections 111(2), 111(3) and 111(4) of the Local Government Act 1989 , a local law, whether made before or after the commencement of this section, is inoperative to the extent that it makes provision for or with respect to or affecting any matter or thing referred to in sub-section (2).

    (4)     Without limiting sub-section (3), a local law is inoperative to the extent that it is inconsistent with the exercise of any powers or functions under this Act—

        (a)     by the Corporation; or

        (b)     by the Secretary.

    (5)     Without limiting sub-section (3), a local law is inoperative to the extent that it has the effect of, or is exercised in a manner directed at, preventing, hindering or disrupting the Secretary or the Corporation in the performance of an obligation or the pursuit of a right under any agreement, if the Governor in Council, by order published in the Government Gazette, declares it to be inoperative.

        50B.     Noise and light

Nothing in the Health Act 1958 or the Local Government Act 1989 or regulations or local laws under those Acts applies in respect of noise or light emanating from a Championships venue or a designated access area.

        50C.     Major Events (Crowd Management) Act 2003 does not apply

The Major Events (Crowd Management) Act 2003 does not apply to a Championships event or to a Championships venue or designated access area despite—

        (a)     that event being conducted in a managed venue within the meaning of that Act; or

        (b)     that Championships venue or designated access area or any part of that venue or area being a managed venue within the meaning of that Act.

        50D.     Australian Grands Prix Act 1994

    (1)     Subject to sub-sections (2) and (3), nothing in this Act affects the following during the months of February 2007 and March 2007 in respect of a Championships venue or designated access area—

        (a)     the undertaking of works at Albert Park by the Australian Grand Prix Corporation in accordance with a licence granted under section 28 of the Australian Grands Prix Act 1994 ; or

        (b)     the exercise by the Australian Grand Prix Corporation of a power to close roads under section 33 of the Australian Grands Prix Act 1994 ; or

        (c)     the exercise of any powers or functions under the Australian Grands Prix Act 1994 by the Minister administering that Act.

    (2)     Before undertaking works referred to in sub-section (1)(a) or before exercising a power to close roads referred to in sub-section (1)(b), the Australian Grand Prix Corporation must consult with the Secretary or the Corporation, as the case requires if those works or that road closure may affect—

        (a)     the carrying out of works for the purposes of the Championships; or

        (b)     the exercise of any power or function under this Act in respect of a Championships venue or designated access area.

    (3)     Before exercising a power or function referred to in sub-section (1)(c), the Minister administering the Australian Grands Prix Act 1994 must consult with the Minister administering this Act if the exercise of that power or function under that Act may affect—

        (a)     the carrying out of works for the purposes of the Championships; or

        (b)     the exercise of any power or function under this Act in respect of a Championships venue or designated access area.

    (4)     If there is a dispute between the Secretary or the Corporation and the Australian Grand Prix Corporation about the exercise of any power or function referred to in sub-section (1)(a) or (b), the Secretary or the Corporation (as the case requires) or the Australian Grand Prix Corporation may refer the matter to the Minister administering the Australian Grands Prix Act 1994 and the Minister administering this Act for a joint decision on the matter.".



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