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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Major Sports Facilities
Amendment Bill 2004
Queensland
Major Sports Facilities Amendment
Bill 2004
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Major Sports Facilities Act 2001
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Omission of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 14 (Qualifications for appointment) . . . . . . . . . . 4
6 Amendment of s 19 (Times and places of meetings) . . . . . . . . . . 5
7 Omission of pt 3A (Declaratory provisions for redeveloped
Suncorp Stadium). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Amendment of s 32 (Offences). . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9 Insertion of new s 32A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
32A Control of traffic on facility land . . . . . . . . . . . . . . . . . 5
10 Insertion of new pt 6, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Division 3 Transitional provision for Major Sports
Facilities Amendment Act 2004
78 Effect of regulation amendment . . . . . . . . . . . . . . . . . 6
11 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 6
12 Insertion of new sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Schedule 1 Control of traffic on facility land
Part 1 Authorised persons
1 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2 Limitation of authorised person's powers . . . . . . . . . . 7
3 Terms of appointment. . . . . . . . . . . . . . . . . . . . . . . . . 7
4 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2
Major Sports Facilities Amendment Bill 2004
5 Proof of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Traffic control
6 Persons authorised to control traffic on facility land . . 8
7 Regulatory notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Information notices . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Removal and detention of illegally parked or
abandoned vehicles ................... 10
10 Disposal of unclaimed vehicles . . . . . . . . . . . . . . . . . 11
11 Application of proceeds of sale . . . . . . . . . . . . . . . . . 12
Part 3 Amendment of State Penalties Enforcement Regulation
2000
13 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Amendment of sch 5 (Other legislation) . . . . . . . . . . . . . . . . . . . . 12
2004
A BILL
FOR
An Act to amend the Major Sports Facilities Act 2001, and for
other purposes
s1 4 s5
Major Sports Facilities Amendment Bill 2004
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Major Sports Facilities 4
Amendment Act 2004. 5
Part 2 Amendment of Major Sports 6
Facilities Act 2001 7
Clause 2 Act amended in pt 2 8
This part amends the Major Sports Facilities Act 2001. 9
Clause 3 Omission of s 2 (Commencement) 10
Section 2-- 11
omit. 12
Clause 4 Amendment of s 3 (Definitions) 13
Section 3, `the schedule'-- 14
omit, insert-- 15
`schedule 2'. 16
Clause 5 Amendment of s 14 (Qualifications for appointment) 17
(1) Section 14(1)(a)-- 18
omit, insert-- 19
`(a) is an insolvent under administration; or'. 20
s6 5 s 10
Major Sports Facilities Amendment Bill 2004
(2) Section 14(2)-- 1
omit. 2
Clause 6 Amendment of s 19 (Times and places of meetings) 3
Section 19(1), `once a month'-- 4
omit, insert-- 5
`12 times a year'. 6
Clause 7 Omission of pt 3A (Declaratory provisions for 7
redeveloped Suncorp Stadium) 8
Part 3A-- 9
omit. 10
Clause 8 Amendment of s 32 (Offences) 11
Section 32, penalty-- 12
omit, insert-- 13
`Maximum penalty-- 14
(a) for paragraph (a)--20 penalty units; 15
(b) for paragraph (b)--40 penalty units; 16
(c) for paragraph (c)--80 penalty units.'. 17
Clause 9 Insertion of new s 32A 18
After section 32-- 19
insert-- 20
`32A Control of traffic on facility land 21
`Schedule 1 has effect.'. 22
Clause 10 Insertion of new pt 6, div 4 23
Part 6-- 24
insert-- 25
s 11 6 s 12
Major Sports Facilities Amendment Bill 2004
`Division 3 Transitional provision for Major 1
Sports Facilities Amendment Act 2
2004 3
`78 Effect of regulation amendment 4
`The amendment of the State Penalties Enforcement 5
Regulation 2000 by the Major Sports Facilities Amendment 6
Act 2004 does not affect the power of the Governor in Council 7
to further amend the regulation or to repeal it.'. 8
Clause 11 Amendment of schedule (Dictionary) 9
(1) Schedule-- 10
insert-- 11
`authorised person means a person appointed as an 12
authorised person under schedule 1, section 1. 13
insolvent under administration means insolvent under 14
administration as defined under the Corporations Act, 15
section 9. 16
official traffic sign has the meaning given by the Transport 17
Operations (Road Use Management) Act 1995. 18
owner, of a vehicle, includes the person registered as the 19
owner of the vehicle under-- 20
(a) the Transport Operations (Road Use Management) Act 21
1995; or 22
(b) the corresponding law of another State or a Territory. 23
regulatory notice see schedule 1, section 7. 24
vehicle has the meaning given by the Transport Operations 25
(Road Use Management) Act 1995.'. 26
(2) Schedule-- 27
renumber as schedule 2. 28
Clause 12 Insertion of new sch 1 29
After section 78, as inserted by this Act-- 30
s 12 7 s 12
Major Sports Facilities Amendment Bill 2004
insert-- 1
`Schedule 1 Control of traffic on facility land 2
section 32A 3
`Part 1 Authorised persons 4
`1 Appointment 5
`The Authority may, in writing, appoint a person who the 6
Authority is satisfied has the necessary training, or knowledge 7
and experience, to be an authorised person under this Act. 8
`2 Limitation of authorised person's powers 9
`(1) The powers of an authorised person may be limited-- 10
(a) under a condition of appointment; or 11
(b) by written notice of the Authority given to the 12
authorised person. 13
`(2) Notice under subsection (1)(b) may be given orally, but must 14
be confirmed in writing as soon as possible. 15
`3 Terms of appointment 16
`(1) An authorised person holds office on the conditions stated in 17
the instrument of appointment. 18
`(2) An authorised person-- 19
(a) if the appointment provides for a term of 20
appointment--ceases to hold office as an authorised 21
person at the end of the term; and 22
(b) may resign by signed notice given to the Authority. 23
`4 Identity cards 24
`(1) The Authority must issue an identity card to each authorised 25
person. 26
s 12 8 s 12
Major Sports Facilities Amendment Bill 2004
`(2) The identity card must-- 1
(a) contain a recent photograph of the authorised person; 2
and 3
(b) be in a form approved by the Authority; and 4
(c) be signed by the authorised person. 5
`(3) A person who ceases to be an authorised person must, as soon 6
as practicable, return the person's identity card to the 7
Authority, unless the person has a reasonable excuse for not 8
returning it. 9
Maximum penalty for subsection (3)--10 penalty units. 10
`5 Proof of authority 11
`(1) An authorised person may exercise a power under this Act in 12
relation to someone else only if the authorised person-- 13
(a) first produces his or her identity card for inspection by 14
the other person; or 15
(b) has his or her identity card displayed so that it is clearly 16
visible. 17
`(2) If, for any reason, it is not practicable to comply with 18
subsection (1), the authorised person must produce the 19
identity card for inspection by the person at the first 20
reasonable opportunity. 21
`(3) If subsection (2) is relevant and is complied with by an 22
authorised person, the exercise of a power in relation to 23
someone else by the authorised person is not invalid merely 24
because of subsection (1). 25
`Part 2 Traffic control 26
`6 Persons authorised to control traffic on facility land 27
`(1) An authorised person may control traffic on facility land and, 28
for this purpose, may give directions to persons on the land. 29
s 12 9 s 12
Major Sports Facilities Amendment Bill 2004
`(2) A person must not fail to comply with a direction given under 1
subsection (1), unless the person has a reasonable excuse for 2
not complying with it. 3
Maximum penalty for subsection (2)--10 penalty units. 4
`7 Regulatory notice 5
`(1) The Authority may erect or display at or near any vehicular 6
entrance to facility land, a notice (a regulatory notice) 7
regulating the driving, parking or standing of vehicles on the 8
land, including, for example-- 9
(a) fixing a maximum speed limit; or 10
(b) indicating a pedestrian crossing; or 11
(c) indicating a place where the driving, parking or standing 12
of a vehicle is restricted or prohibited. 13
`(2) A person on facility land must comply with a regulatory 14
notice, unless the person has a reasonable excuse for not 15
complying with it. 16
Maximum penalty--10 penalty units. 17
`(3) A regulatory notice-- 18
(a) must state the limits of the area to which the notice 19
applies; and 20
(b) may state that a contravention of a requirement of the 21
notice is an offence against the Act and the penalty for 22
the offence. 23
`(4) Without limiting subsection (1), the Authority may erect and 24
display regulatory notices in the form of official traffic signs. 25
`(5) Evidence that a notice purporting to be a regulatory notice 26
was erected or displayed at a place mentioned in 27
subsection (1) is evidence that the notice was a regulatory 28
notice erected or displayed by the Authority. 29
`(6) A regulatory notice erected or displayed under this section 30
must be easily visible to passers-by. 31
s 12 10 s 12
Major Sports Facilities Amendment Bill 2004
`8 Information notices 1
`(1) This section applies if a regulatory notice does not state that a 2
contravention of a requirement of the notice is an offence 3
against this Act and the penalty for the offence. 4
`(2) The Authority must erect or display at or near each vehicular 5
entrance to facility land to which the regulatory notice relates, 6
and other places the Authority considers appropriate, 7
information notices stating that a contravention of a 8
requirement of a regulatory notice is an offence and the 9
penalty for the offence. 10
`(3) An information notice may contain any other information the 11
Authority considers appropriate. 12
`(4) An information notice erected or displayed under this section 13
must be easily visible to passers-by. 14
`(5) In this section-- 15
regulatory notice does not include an official traffic sign. 16
`9 Removal and detention of illegally parked or 17
abandoned vehicles 18
`(1) An authorised person may seize, remove and hold a vehicle 19
that the authorised person believes on reasonable grounds-- 20
(a) is parked in contravention of a regulatory notice; or 21
(b) is abandoned. 22
`(2) The vehicle must be held at a safe place. 23
`(3) An authorised person may exercise the powers given under 24
subsection (1)(a) only if-- 25
(a) the authorised person believes on reasonable grounds 26
that it is necessary or desirable to seize and remove the 27
vehicle having regard to the safety and convenience of 28
traffic on facility land; and 29
(b) the authorised person-- 30
(i) can not immediately locate the driver of the 31
vehicle; or 32
s 12 11 s 12
Major Sports Facilities Amendment Bill 2004
(ii) believes on reasonable grounds that the driver of 1
the vehicle is not willing or able to remove the 2
vehicle immediately. 3
`(4) As soon as is practicable and no later than 14 days after the 4
vehicle is seized, the Authority must give to the owner of the 5
vehicle a written notice stating how the owner may recover 6
the vehicle. 7
`(5) If the owner can not be ascertained or located within 14 days 8
after the vehicle is seized, the notice may be given by 9
publishing it in a newspaper circulating generally in the State. 10
`(6) If the vehicle was parked in contravention of a regulatory 11
notice, the owner of the vehicle must pay to the Authority the 12
amount demanded by it for the cost of seizing, removing, 13
holding and returning the vehicle. 14
`(7) In this section-- 15
vehicle includes a part of the vehicle and anything attached to, 16
or contained in, the vehicle. 17
`10 Disposal of unclaimed vehicles 18
`(1) This section applies if the owner of a seized vehicle does not 19
recover the vehicle within 2 months after notice is given to the 20
owner under section 9(4) or (5). 21
`(2) After publishing a notice in a newspaper circulating generally 22
in the State, the Authority may sell the vehicle by public 23
auction. 24
`(3) The notice must-- 25
(a) identify the vehicle; and 26
(b) state that the vehicle is to be sold by auction; and 27
(c) state how the owner may recover the vehicle before the 28
auction; and 29
(d) state the time and place of the auction. 30
`(4) Compensation is not recoverable against the Authority 31
because of the sale of a vehicle under this section. 32
`(5) In this section-- 33
s 13 12 s 14
Major Sports Facilities Amendment Bill 2004
vehicle includes a part of the vehicle and anything attached to, 1
or contained in, the vehicle. 2
`11 Application of proceeds of sale 3
`(1) The proceeds of the sale must be applied in the following 4
order-- 5
(a) in payment of the reasonable expenses incurred in the 6
sale; 7
(b) in payment of the reasonable cost of seizing, removing 8
and holding the vehicle; 9
(c) if there is an amount owing to a person under a security 10
interest registered for the vehicle under the Motor 11
Vehicles and Boats Securities Act 1986--in payment of 12
the amount owing to the holder of the security interest; 13
(d) in payment of any balance to the owner. 14
`(2) Compensation is not recoverable against the Authority 15
because of a payment under this section.'. 16
Part 3 Amendment of State Penalties 17
Enforcement Regulation 2000 18
Clause 13 Regulation amended in pt 3 19
This part amends the State Penalties Enforcement Regulation 20
2000. 21
Clause 14 Amendment of sch 5 (Other legislation) 22
Schedule 5-- 23
insert-- 24
s 14 13 s 14
Major Sports Facilities Amendment Bill 2004
`Major Sports Facilities Act 2001 1
Column 1 Column 2
Infringement notice offence Infringement notice fine
(penalty units)
sch 1, s 6(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1/2
sch 1, s 7(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1/2
Authorised person for service of infringement notices--an 2
authorised person appointed under the Major Sports Facilities 3
Act 2001, schedule 1, section 11'. 4
© State of Queensland 2004
1 Major Sports Facilities Act 2001, schedule 1 (Control of traffic on facility land),
section 1 (Appointment)
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