ACCC proposes to revoke speedway racing notifications
The Australian Competition and Consumer Commission is proposing to revoke third line forcing notifications* that would restrict licensees of the National Association of Speedway Racing** to only racing at NASR approved tracks and venues.
"The ACCC is concerned that a significant number of speedway racing drivers will no longer be able to participate in events at tracks and venues not approved by NASR," ACCC Chairman, Mr Graeme Samuel, said today.
NASR provides licences to race in speedway racing categories throughout Australia. NASR also approves tracks and venues using a track rating system and by ensuring the track holds adequate public liability insurance. The majority of speedway drivers in Australia hold at least a NASR licence.
"While the ACCC acknowledges there is significant public benefit in having safety standards for speedway tracks and venues which are monitored and enforced, the ACCC is concerned that tracks and venues which are not approved by NASR, but which otherwise meet the appropriate safety and insurance standards, will not be able to attract NASR licensees to their events."
The ACCC also proposes to revoke similar notifications lodged by the national governing body for each the sprintcar, saloon car and V8 dirt modified car racing divisions. The SCCA, ASCF and DMA*** propose to make membership conditional upon obtaining a licence from NASR and racing only at approved tracks and venues.
However, the ACCC does not propose to take any further action at this time in respect of notifications lodged by Perth Motorplex and Avalon Raceway****. Notifications lodged by NASR requiring licence holders to only race in recognised categories have been allowed to stand at this time.
The ACCC has issued draft notices setting out its assessment of the notifications. The ACCC is now seeking further submissions from interested parties in respect of the draft notices. In addition, any interested party may request that the ACCC hold a conference in relation to the draft notices.
More information regarding the notification and a copy of the draft notice is available at the ACCC website, by following the links to Public registers and Authorisations and notifications registers and Exclusive dealing notifications register.
*Parties may obtain immunity from legal action in respect of third line forcing conduct by lodging an exclusive dealing notification with the ACCC. Immunity is conferred automatically two weeks after the notification is validly lodged. The ACCC may issue a notice revoking a third line forcing notification if it is satisfied that the likely benefit from the conduct or proposed conduct will not outweigh the likely detriment from the conduct or proposed conduct. Before issuing such a notice, the ACCC must first issue a draft notice outlining the reasons why it proposes to revoke the notification.
**National Association of Speedway Racing Pty Ltd and National Association of Speedway Racing Incorporated.
***Sprintcar Control Council of Australia Incorporated, Australian Saloon Car Federation and Dirt Modifieds Australia Incorporated.
****Placide Pty Ltd as trustee for the Metro Speedway Trust t/a Speedway Perth Motorplex and Coria Park Pty Ltd t/a Avalon International Raceway.
