Sydney Opera House Trust
Amendment Bill 2004

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

This Bill is cognate with the Crimes Legislation Amendment (Terrorism)
Bill 2004.

Overview of Bill

The object of this Bill is to amend the Sydney Opera House Trust Act 1961:

(a) to better protect the Opera House by creating new offences of trespassing
at the Opera House, trespassing at the Opera House with intent to cause
damage or serious disruption or to commit certain offences, and
intentionally or recklessly damaging the Opera House, and

(b) to increase from 10 to 50 penalty units the maximum penalty that may be
imposed for a breach of the by-laws under the Act, and

(c) to remove the need for the Governor to approve delegations under the Act,
and

(d) to update provisions for the employment of staff of the Opera House Trust.

The Bill also makes consequential amendments to the Criminal Procedure
Act 1986 to provide for the summary disposal of certain of the new offences that
are indictable offences.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Sydney
Opera House Trust Act 1961 set out in Schedules 1 and 2.

Clause 4 is a formal provision that gives effect to the amendments to the
Criminal Procedure Act 1986 set out in Schedule 3.

Schedule 1 Amendments to Sydney Opera House
Trust Act 1961 relating to Opera House
security
Schedule 1 inserts proposed sections 28A–28E into the Sydney Opera House
Trust Act 1961, which provide as follows:

(a) Proposed section 28A creates the offence of trespassing at the Opera
House. The new offence will carry a maximum penalty of 200 penalty
units or imprisonment for 2 years, or both.

(b) Proposed section 28B creates the offence of trespassing at the Opera
House with intent to cause damage to the Opera House, seriously disrupt
the operations of the Opera House, or commit any offence punishable by
imprisonment or arising under the Summary Offences Act 1988. The new
offence will carry a maximum penalty on indictment of 7 years
imprisonment.

(c) Proposed section 28C creates the offence of intentionally or recklessly
damaging the Opera House. The new offence will carry a maximum
penalty on indictment of 5 years imprisonment.

(d) Proposed section 28D provides that the penalty for the offence of
attempting to commit an offence under proposed section 28B or 28C is the
same as the penalty for the offence.

(e) Proposed section 28E deals with the taking of proceedings for offences.

The offences under proposed sections 28B and 28C are indictable offences
that will be dealt with summarily unless an election is made under the
Criminal Procedure Act 1986 to proceed on indictment.

The creation of these new offences does not limit the operation of any other
offence in connection with the Opera House (for example, the sabotage offence
under section 203B of the Crimes Act 1900).

Schedule 2 Miscellaneous amendments to Sydney
Opera House Trust Act 1961
Schedule 2 [1] removes the need for the Governor to approve a delegation of
functions by the Opera House Trust to a member of its staff.

Schedule 2 [4] replaces existing provisions for the appointment of staff of the
Trust by the Governor with current provisions for the appointment of staff under
the Public Sector Employment and Management Act 2002. Schedule 2 [2], [3]
and [5] make consequential amendments.

Schedule 2 [6] increases the maximum penalty that may be imposed by the
by-laws under the Act from 10 to 50 penalty units.

Schedule 2 [7] repeals an existing provision dealing with the taking of
proceedings for offences (as a consequence of the enactment of proposed
section 28E).

Schedule 3 Amendment of Criminal Procedure
Act 1986
Schedule 3 amends the Criminal Procedure Act 1986 to provide for the
summary disposal of proceedings for the new indictable offences to be created
by proposed sections 28B and 28C of the Sydney Opera House Trust Act 1961
unless an election to proceed on indictment is made in accordance with the
procedures set out in the Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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