Motorsport Australia has officially updated its technical regulations regarding tobacco sponsorship on race cars, following controversy at the Muscle Car Masters event at Sydney Motorsport Park. The change is outlined in Schedule K of the manual technical appendix, updated on September 8 and effective immediately.
The update references the Public Health (Tobacco and Other Products) Act 2023, which prohibits the display, publication, or promotion of regulated tobacco products, including on any fifth-category automobile livery. The regulation requires any car that promotes or is likely to promote a regulated tobacco product to remove or cover such elements. In case of dispute, the burden of proof lies with the competitor to demonstrate that their livery does not promote a regulated tobacco product.
This change is a direct response to an incident at Muscle Car Masters, where broadcaster Fox Sports chose not to air the Touring Car Masters race. Viewers were instead shown a replay of a Supercars race with a message: "We are unable to bring you [the] Touring Car Masters race due to leagal [sic] reasons." The incident raised concerns among participants and fans, as several historic cars were forced to cover their tobacco sponsorships.
Speedcafe reports that Motorsport Australia was initially unaware of the 2023 legislative update and only adjusted its regulations after the controversy emerged. Previously, guidance referred to the 1992 legislation, which allowed cars to race with tobacco sponsorship if they met certain criteria, including having actively competed with tobacco sponsorship prior to December 24, 1992. Replicas and tributes built before that date were also exempt.
Several competitors in the Heritage Touring Cars at Sydney Motorsport Park were left upset after being forced to cover up tobacco sponsorship. Affected cars included the JPS-liveried BMWs of David Towe, Scott Robinson, and Dean How, as well as Rick Allen's Benson & Hedges BMW and Tony Sawford's Craven Mild Holden Torana. They had to make changes to their liveries to comply with the new rules.
David Towe, one of the affected drivers, vented his frustration on social media, calling the enforcement akin to erasing history. "Motorsport Australia are now enforcing the ruling again and they're taking it a step further. We're not to be seen in public, not only on the track, but not in public with any cigarette sponsorship on our cars," he said. Towe also questioned how far the rule would extend, even to team clothing featuring the JPS logo.
The new regulation presents a dilemma between compliance with public health law and preservation of motorsport history. Motorsport Australia argues the move is necessary to comply with applicable laws, but historic motorsport participants hope for a solution that accommodates both. As of now, there has been no further official statement from Motorsport Australia regarding the long-term impact of this rule.
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