Sporting Venues (Offenders Banning
Orders) Bill 2005

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

Overview of Bill

The object of this Bill is to prevent violence and disorder at sporting events by
enabling courts to ban persons from attending at or near specified sporting venues
where they have been found guilty of certain offences involving violence or disorder
at or in connection with certain sporting events.

Outline of provisions

Part 1 Preliminary
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 defines certain words and expressions used in the proposed Act, in
particular:

(a) sporting event is defined to mean 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), and

(b) sporting event offence is defined to mean any of the following offences if the
offence occurred at or in connection with a sporting event:

        (i) an offence involving an act of actual or threatened violence,
        (ii) the offences of riot and affray under the Crimes Act 1900,
        (iii) the offence under section 20D of the Anti-Discrimination Act 1977 of
serious racial vilification,
        (iv) 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,
        (v) any offence under the Crimes Act 1900 relating to the malicious
destruction or damage of property,
        (vi) any offence of attempting, conspiring or inciting to commit, or aiding,
abetting, counselling or procuring the commission of, an offence
referred to in subparagraphs (i) to (v) above.

Part 2 Banning orders
Clause 4 provides that 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. A court may make such a banning order only
if it is satisfied that there are reasonable grounds to believe that making the order
would help to prevent violence or disorder at or in connection with any sporting
event.

Clause 5 provides that a banning order may, according to its terms, prohibit the
person who is the subject of the order from one or both of the following:

(a) entering certain specified sporting venues for the purpose of attending a
sporting event,

(b) coming within the immediate vicinity of certain specified sporting venues.

Clause 6 provides that a banning order has effect for the period specified in the
order. However, the first banning order made in relation to a person must not be made
to have effect for a period that exceeds 5 years and 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. 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.

Clause 7 is a special provision that deals with appeals against banning orders
imposed by the District Court. The proposed section provides that, despite section 3
of the Criminal Appeal Act 1912 (which states that the Court of Criminal Appeal is
generally to be constituted by three or more Supreme Court judges), where a person
appeals to the Court of Criminal Appeal under that Act and the appeal relates solely
to the making or terms of a banning order (or both) made by the District Court, the
Court of Criminal Appeal is to be constituted by a single judge of the Supreme Court
for the purposes of hearing that appeal.

Clause 8 provides for the revocation of banning orders. The proposed section
provides that 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 banning order. Before revoking an order 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 which led to the making of the banning
order,

(d) any other circumstances which appear to the court to be relevant.

If an application to revoke 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.

Clause 9 provides that it is an offence for a person to contravene a banning order.

The proposed offence carries a maximum penalty of 50 penalty units (currently
$5,500) or imprisonment for 6 months, or both.

Part 3 Miscellaneous
Clause 10 is a formal provision that gives effect to the savings, transitional and other
provisions set out in Schedule 1.

Clause 11 is a formal provision that gives effect to the amendments to the Acts set
out in Schedule 2.

Clause 12 provides for the review of the proposed Act in 5 years.

Schedule 1 Savings, transitional and other
provisions
Schedule 1 contains savings, transitional and other provisions consequent on the
enactment of the proposed Act.

Schedule 2 Amendment of Acts
Schedule 2 makes consequential amendments to the Crimes (Local Courts Appeal
and Review) Act 2001 and the Criminal Appeal Act 1912 to provide that a person who
is made the subject of a banning order may:

(a) in relation to an order made by a Local Court—appeal to the District Court, or

(b) in relation to a banning order made by the Supreme Court—appeal to the Court
of Criminal Appeal.

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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