In February
2008, the National Association of Speedway
Racing Inc and National Association of
Speedway Racing Pty Ltd (together "NASR"), as
well as certain other entities and
organisations involved in Australian speedway
racing, lodged various exclusive dealing
notifications with the Australian Competition
and Consumer Commission ("ACCC"). These
notifications were lodged as part of NASR's
ongoing efforts to improve the sport of
speedway racing across all levels, and with a
genuine belief that the proposed conduct is in
the public interest.
The notification process was referred for
public consultation by the ACCC, and over 40
submissions were lodged in respect of the
different notifications. The ACCC has now
issued a draft Notice in relation to the
notifications.
Whilst the notification process is still not
complete and the ACCC is yet to make any final
determinations, NASR is pleased to announce
the following preliminary outcomes:
· The ACCC has at this stage accepted the
proposed requirement that NASR licence holders
only participate or compete in speedway racing
categories approved by NASR. NASR currently
recognises approximately 110 different
speedway racing categories in Australia, in
which licensed speedway racing drivers can
compete. All of these recognized categories
comply with the minimum safety requirements
outlined in NASR's risk management policies.
Requiring that NASR licence holders only
compete in NASR-approved categories ensures
uniformity of safety standards across the
sport of speedway racing and assists with
NASR's overall risk management procedures.
NASR will approve new categories of speedway
racing provided that they meet certain
objective criteria.
· The ACCC has at this stage accepted Perth
Motorplex and Avalon Raceway's proposed
requirement that only NASR licence holders may
access track and pit facilities at their
venues. Speedway racing drivers, officials,
crews, mechanics, sponsors, family members and
spectators all benefit greatly from compliance
with the minimum safety requirements imposed
by NASR. NASR provides standardised rules for
the entire sport of speedway racing throughout
Australia, and also provides personal accident
insurance cover as a member benefit to its
licence holders. Perth Motorplex and Avalon
Raceway recognise the public benefits that
will arise if they stipulate that only NASR
licence holders may access track and pit
facilities at their venues. This will aid in
improving the operation and safety of speedway
racing in Australia.
· The ACCC has at this stage indicated there
are positive reasons to require that NASR
licence holders also obtain membership of the
relevant speedway racing category clubs and
associations, such as the SCCA, ASCF and DMA.
The ACCC has at this stage also indicated
there are positive reasons to require that
members of speedway racing category clubs and
associations, such as the SCCA, ASCF and DMA,
also obtain NASR licences. The ACCC has
indicated there is a benefit in ensuring car
safety standards and specifications are met
and the requirement that drivers obtain
membership in a relevant organisation is a
means of ensuring this. This will help to
develop stronger ties between NASR and the
various categories recognised by NASR and also
improve and strengthen those categories. This
in turn will lead to a higher quality of
competition overall, along with increased
levels of safety, and better organisation at
both a national level and within each
category. Membership would also ensure that
participants are properly represented within
the sport of speedway racing and within their
specific category, through participation in
their category's representative body. NASR
intends to continue discussions with the ACCC
in relation to this requirement.
The ACCC has at this stage indicated that it
may not accept the proposed requirement that
NASR licence holders and members of the SCCA,
ASCF and DMA participate only in events held
at NASR approved or sanctioned tracks and
venues. NASR confirms that the purpose of the
proposed conduct is to ensure that all tracks
and venues, at which NASR licence holders and
members of the SCCA, ASCF and DMA participate,
comply with appropriate safety standards and
have appropriate levels of public liability
insurance. This proposed conduct has not yet
been conclusively rejected by the ACCC, and
NASR may make further submissions to the ACCC
in relation to this issue.
As the internationally recognised controlling
body of speedway racing in Australia, NASR
considers that it is its responsibility to
ensure that the tracks and venues at which
speedway racing is conducted, are approved by
reference to an objective and nationwide set
of criteria, and held to appropriate levels of
maintenance and safety. NASR confirms that
regardless of the outcome of the current
notification process, an alternate option will
be the implementation nationwide of objective
safety criteria for tracks and venues, which
can operate independently of any system of
NASR approval.
Overall, NASR is pleased with the interim
outcome of the notification process. NASR
considers that this represents a positive and
historic step in the development of the sport
of speedway racing in Australia, by empowering
NASR and key stakeholders to continue to
implement strong safety and risk management
standards and policies.