New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Amendment Bill 1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to transfer to the Act the offence that is currently in the by-laws of
unlawful entry to the playing field, and to increase the maximum
penalty for that offence from 1 penalty unit to 50 penalty units,
(b)
to increase the maximum penalty that a by-law can impose for a breach
of a provision of the by-laws from 1 penalty unit to 10 penalty units,
(c) to provide for the issue of penalty notices in respect of offences against
the by-laws or the Act, as an alternative to court proceedings.
The Bill also amends:
(a)
the Justices Act 1902 to include in the penalty notice enforcement
scheme under that Act the penalty notices that will now be able to be
issued under the Sydney Cricket and Sports Ground Act, and
(b)
the Sydney Cricket Ground and Sydney Football Stadium By-law 1994
to delete the offence of unlawful entry to the playing field that is being
moved to the Act and to make other consequential amendments.
Clause 2 provides that the proposed Act will commence on a day or days to
be appointed by proclamation.
Clause 3 is a formal provision that gives effect to the Schedule of
amendments to the Sydney Cricket and Sports Ground Act 1978.
Clause 4 is a formal provision that gives effect to the Schedule containing
the amendment to the Justices Act 1902.
Clause 5 is a formal provision that gives effect to the Schedule containing
the amendments to the Sydney Cricket Ground and Sydney Football Stadium
By-law 1994.
Schedule 1
Amendment of Sydney Cricket and Sports
Ground Act 1978
Offence of unlawful entry to playing field
A by-law under the Act currently creates an offence of unlawful entry to a
playing field, with a maximum penalty of 1 penalty unit. Schedule 1 [1]
moves the offence to the Act and increases the penalty to a maximum of 50
penalty units. Schedule 3 [1] removes the offence from the by-law.
Increase in maximum penalty for breach of by-laws
The Act currently allows the by-laws to impose a maximum penalty of 1
penalty unit for a contravention of the by-laws. Schedule 1 [2] increases the
maximum penalty that a by-law can impose to 10 penalty units.
Penalty notices
Currently proceedings for offences under the Act can only be taken in court.
Schedule 1 [4] permits an authorised officer to issue a penalty notice for an
alleged offence. If the penalty required by the penalty notice is paid, the
matter does not go to court. Schedule 1 [3] makes it clear that (as with
penalties recovered by court proceedings) penalties paid under penalty
notices are paid to the Trust to be used for the purposes of the Act.
Explanatory note page 2
Schedule 2
Amendment of Justices Act 1902
The Schedule amends a provision of the Justices Act 1902 to include the new
penalty notices in the provisions of that Act that deal with the enforcement of
penalty notices by means of the issue of courtesy letters and enforcement
orders.
Schedule 3
Amendment of Sydney Cricket Ground and
Sydney Football Stadium By-law 1994
The Schedule deletes from the by-law the offence of unlawful entry to a
playing field, which is to be transferred to the Act. The Schedule also makes
consequential amendments to other provisions of the by-law to reflect the
fact that the unlawful entry offence will now be in the Act.
Explanatory note page 3