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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Sporting Venues (Offenders Banning
Orders) Bill 2005
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Banning orders
4 Making of banning orders 3
5 Effect of banning order 3
6 Duration of banning order 4
7 Special provision--appeals solely against banning orders
imposed by District Court 4
8 Revocation of banning orders 4
9 Offence of contravening a ban 5
Sporting Venues (Offenders Banning Orders) Bill 2005
Contents
Page
Part 3 Miscellaneous
10 Savings, transitional and other provisions 6
11 Amendment of other Acts 6
12 Review of Act 6
Schedule 1 Savings, transitional and other provisions 7
Schedule 2 Amendment of Acts 8
Contents page 2
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, , 2005
New South Wales
Sporting Venues (Offenders Banning
Orders) Bill 2005
Act No , 2005
An Act to provide for the making of banning orders in relation to certain sporting
events; and for related 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 Sporting Venues (Offenders Banning Orders) Bill 2005
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Sporting Venues (Offenders Banning Orders) Act 2005.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
(1) In this Act:
banning order means an order made under Part 2.
sporting event means a sporting event at a sporting venue at which a fee
is charged, or for which membership of a club or association is required,
for admission to the venue (or both).
sporting event offence means any of the following offences if the
offence occurred at or in connection with a sporting event:
(a) an offence involving an act of actual or threatened violence,
(b) the offences of riot and affray under the Crimes Act 1900,
(c) the offence under section 20D of the Anti-Discrimination Act
1977 of serious racial vilification,
(d) the offence under section 11B of the Summary Offences Act 1988
of having custody of an offensive implement in a public place or
a school,
(e) any offence under the Crimes Act 1900 relating to the malicious
destruction or damage of property,
(f) any offence of attempting, conspiring or inciting to commit, or
aiding, abetting, counselling or procuring the commission of, an
offence referred to in paragraphs (a) to (e).
(2) Notes included in this Act do not form part of this Act.
Page 2
Sporting Venues (Offenders Banning Orders) Bill 2005 Clause 4
Banning orders Part 2
Part 2 Banning orders
4 Making of banning orders
(1) A court that finds a person guilty of a sporting event offence may, in
addition to any other penalty that may be imposed for the offence, make
a banning order in relation to the person.
(2) A court may make a banning order only if it is satisfied that there are
reasonable grounds to believe that making the order will help to prevent
violence or disorder at or in connection with any sporting event.
(3) For the purpose of deciding whether to make an order under this section,
the court may, after the finding of guilt, consider evidence (including
evidence relating to other conduct of the person) led by the prosecution
and the defence.
(4) It is immaterial whether the evidence led under subsection (3) would
have been admissible in the proceedings in which the person was found
guilty.
(5) In subsection (2):
disorder includes the following:
(a) inciting hatred against a group of persons defined by reference to
colour, race, nationality (including citizenship) or ethnic or
national origins, or against an individual as a member of such a
group,
(b) using threatening words or threatening or abusive behaviour,
(c) displaying any writing or other thing that is threatening or
abusive.
violence means violence against persons or property, and includes
threatening violence and doing anything that endangers the life of any
person.
5 Effect of banning order
(1) A banning order may, according to its terms, prohibit the person who is
the subject of the order from doing either or both of the following:
(a) entering, for the purpose of attending a sporting event, any one or
more of the following sporting venues:
(i) any sporting venue specified in the order,
(ii) any sporting venue of a class specified in the order,
(iii) any sporting venue at which a sporting event of a class
specified in the order is being held,
Page 3
Clause 6 Sporting Venues (Offenders Banning Orders) Bill 2005
Part 2 Banning orders
(b) coming within the immediate vicinity, or a specified distance, of
any one or more of the following sporting venues while a sporting
event is being held at the venue or venues:
(i) any sporting venue specified in the order,
(ii) any sporting venue of a class specified in the order,
(iii) any sporting venue at which a sporting event of a class
specified in the order is being held.
(2) For the purpose of this section, a sporting event is taken to be held at a
sporting venue for the period commencing 2 hours before the event
begins and concluding 2 hours after the event has finished.
Note. A banning order is a sentence for the purpose of appeals under the
Crimes (Local Courts Appeal and Review) Act 2001 and the Criminal Appeal Act
1912.
6 Duration of banning order
(1) A banning order has effect for the period specified in the order.
(2) The first banning order made in relation to a person must not be made
to have effect for a period that exceeds 5 years.
(3) The second or any subsequent order made in relation to a person must
not be made to have effect for a period that exceeds 10 years.
(4) If a banning order is made in addition to a sentence of imprisonment by
way of full-time detention, the court may order that the banning order is
to commence on the person's release from full-time detention.
7 Special provision--appeals solely against banning orders imposed by
District Court
Despite section 3 of the Criminal Appeal Act 1912, if a person appeals
to the Court of Criminal Appeal under that Act and the appeal relates
solely to the making or terms (or both) of a banning order made by the
District Court, the power of the Court of Criminal Appeal to hear and
determine the appeal is to be exercised by a single judge of the Supreme
Court as directed by the Chief Justice.
8 Revocation of banning orders
(1) If a banning order has had effect for at least two-thirds of its specified
duration, the person subject to the order may apply to the court by which
it was made to revoke the order.
(2) As soon as practicable after a court receives an application for the
revocation of a banning order, the court is to notify:
Page 4
Sporting Venues (Offenders Banning Orders) Bill 2005 Clause 9
Banning orders Part 2
(a) if the prosecutor in proceedings that led to the making of the
banning order was a police prosecutor--the Commissioner of
Police, or
(b) in any other case--the Director of Public Prosecutions.
(3) A person who is notified under subsection (2) is taken to be the
respondent in the application proceedings.
(4) On the application, the court may revoke the banning order as from a
specified date or refuse the application.
(5) In exercising its powers under subsection (4), the court must have
regard to the following:
(a) the person's character,
(b) the person's conduct since the banning order was made,
(c) the nature of the offence or conduct that led to the making of the
banning order,
(d) any other circumstances that appear to the court to be relevant.
(6) If an application under subsection (1) in respect of a banning order is
refused, no further application in respect of the order may be made
within the period of 6 months beginning on the day of the refusal.
(7) Despite section 212 of the Criminal Procedure Act 1986, the court may
award costs (including professional costs) in application proceedings at
its discretion and may determine by whom, to whom and to what extent
costs are to be paid in or in relation to application proceedings.
(8) An order for the payment of costs by the applicant made by a court
under subsection (7) is taken to be a fine within the meaning of the Fines
Act 1996.
(9) In this section, professional costs means costs relating to professional
expenses and disbursements (including witnesses' expenses) in respect
of proceedings before a court.
9 Offence of contravening a ban
A person who contravenes a banning order is guilty of an offence.
Maximum penalty: 50 penalty units or imprisonment for 6 months, or
both.
Page 5
Clause 10 Sporting Venues (Offenders Banning Orders) Bill 2005
Part 3 Miscellaneous
Part 3 Miscellaneous
10 Savings, transitional and other provisions
Schedule 1 has effect.
11 Amendment of other Acts
The Acts specified in Schedule 2 are amended as set out in that
Schedule.
12 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of
5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the end of the period of 5 years.
Page 6
Sporting Venues (Offenders Banning Orders) Bill 2005
Savings, transitional and other provisions Schedule 1
Schedule 1 Savings, transitional and other
provisions
(Section 10)
Part 1 General
1 Regulations
(1) The Governor may make regulations of a savings or transitional nature
consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect from
the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Part 2 Provisions consequent on enactment of this
Act
2 Banning orders only to be made in relation to offences committed after
commencement of Act
Section 4 of this Act applies only to offences committed after the
commencement of that section.
Page 7
Sporting Venues (Offenders Banning Orders) Bill 2005
Schedule 2 Amendment of Acts
Schedule 2 Amendment of Acts
(Section 11)
2.1 Crimes (Local Courts Appeal and Review) Act 2001 No 120
Section 3 Definitions
Insert at the end of paragraph (e) of the definition of sentence in section 3 (1):
or
(f) a banning order made by a Local Court under the Sporting
Venues (Offenders Banning Orders) Act 2005.
2.2 Criminal Appeal Act 1912 No 16
Section 2 Definitions
Insert in appropriate order in the definition of Sentence in section 2 (1):
or
(j) a banning order under the Sporting Venues (Offenders
Banning Orders) Act 2005,
Page 8
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