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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Sydney Opera House Trust
Amendment Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Sydney Opera House Trust Act 1961 No 9 2
4 Amendment of Criminal Procedure Act 1986 No 209 2
Schedule 1 Amendments to Sydney Opera House Trust Act 1961
relating to Opera House security 3
Schedule 2 Miscellaneous amendments to Sydney Opera House
Trust Act 1961 5
Schedule 3 Amendment of Criminal Procedure Act 1986 7
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Sydney Opera House Trust
Amendment Bill 2004
Act No , 2004
An Act to amend the Sydney Opera House Trust Act 1961 to provide for offences
with respect to trespass and damaging the Opera House and to make further
provision for by-laws and staff; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Sydney Opera House Trust Amendment Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Sydney Opera House Trust Amendment Act 2004.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Sydney Opera House Trust Act 1961 No 9
The Sydney Opera House Trust Act 1961 is amended as set out in
Schedules 1 and 2.
4 Amendment of Criminal Procedure Act 1986 No 209
The Criminal Procedure Act 1986 is amended as set out in
Schedule 3.
Page 2
Sydney Opera House Trust Amendment Bill 2004
Amendments to Sydney Opera House Trust Act 1961 relating to Opera Schedule 1
House security
Schedule 1 Amendments to Sydney Opera House
Trust Act 1961 relating to Opera House
security
(Section 3)
Sections 28A28E
Insert after section 28:
28A Trespassing at Opera House
A person who enters, or remains at, any part of the Opera
House as a trespasser is guilty of an offence.
Maximum penalty: 200 penalty units or imprisonment for
2 years, or both.
28B Trespassing at Opera House with intent
A person who enters, or remains at, any part of the Opera
House as a trespasser with intent to:
(a) cause damage to the Opera House, or
(b) seriously disrupt the operations of the Opera House, or
(c) commit any offence punishable by imprisonment or
arising under the Summary Offences Act 1988,
is guilty of an offence.
Maximum penalty on indictment: imprisonment for 7 years.
28C Damage to Opera House
A person who intentionally or recklessly damages the Opera
House is guilty of an offence.
Maximum penalty on indictment: imprisonment for 5 years.
28D Penalty for attempt
A person who attempts to commit an offence under
section 28B or 28C is liable to the penalty provided for the
offence concerned.
Page 3
Sydney Opera House Trust Amendment Bill 2004
Schedule 1 Amendments to Sydney Opera House Trust Act 1961 relating to Opera
House security
28E Proceedings for offences
(1) Proceedings for an offence against this Act or the by-laws,
except sections 28B and 28C, are to be dealt with summarily
before a Local Court.
(2) Chapter 5 of the Criminal Procedure Act 1986 (which relates
to the summary disposal of certain indictable offences unless
an election is made to proceed on indictment) applies to and
in respect of an offence under section 28B or 28C.
Page 4
Sydney Opera House Trust Amendment Bill 2004
Miscellaneous amendments to Sydney Opera House Trust Act 1961 Schedule 2
Schedule 2 Miscellaneous amendments to Sydney
Opera House Trust Act 1961
(Section 3)
[1] Section 12 Delegation to committees, and other persons
Omit "Any officer or employee appointed pursuant to section 16 may,
where the delegation has been approved by the Governor," from
section 12 (4).
Insert instead "Any member of staff of the Trust may".
[2] Section 12 (4)
Omit "the officer or employee". Insert instead "the member of staff".
[3] Section 15 Common seal
Omit "officer" from section 15 (2). Insert instead "member of staff".
[4] Section 16
Omit the section. Insert instead:
16 Staff of Trust
(1) Such staff as may be necessary to enable the Trust to exercise
and perform its powers, authorities, duties and functions are
to be employed under Chapter 2 of the Public Sector
Employment and Management Act 2002.
(2) The Trust may arrange for the use of the services of any staff
(by secondment or otherwise) or facilities of a government
department or public or local authority.
(3) For the purposes of this Act, a person employed under
subsection (1) or whose services are made use of under this
section is a member of staff of the Trust.
[5] Section 17 Sydney Opera House Management Account
Omit "officers and employees referred to in section 16" from
section 17 (4).
Insert instead "members of staff of the Trust".
Page 5
Sydney Opera House Trust Amendment Bill 2004
Schedule 2 Miscellaneous amendments to Sydney Opera House Trust Act 1961
[6] Section 28 By-laws
Omit "10 penalty units" from section 28 (2).
Insert instead "50 penalty units".
[7] Section 28 (2A)
Omit the subsection.
Page 6
Sydney Opera House Trust Amendment Bill 2004
Amendment of Criminal Procedure Act 1986 Schedule 3
Schedule 3 Amendment of Criminal Procedure Act
1986
(Section 4)
[1] Section 268 Maximum penalties for Table 2 offences
Insert "or 3" after "Part 2" in section 268 (2) (c).
[2] Schedule 1 Indictable offences triable summarily
Insert after clause 23A in Table 1 (Indictable offences that are to be dealt
with summarily unless prosecutor or person charged elects otherwise):
23B Sydney Opera House Trust Act 1961
An offence under section 28B of the Sydney Opera House
Trust Act 1961, or an offence under section 28C of that Act
where the value of the damage exceeds $5,000.
[3] Schedule 1
Insert as Part 3 in Table 2 (Indictable offences that are to be dealt with
summarily unless prosecutor elects otherwise):
Part 3 Offences under Sydney Opera House Trust
Act 1961
5 Offence of damaging Opera House
An offence under section 28C of the Sydney Opera House
Trust Act 1961 where the value of the damage does not exceed
$5,000.
Page 7
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