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PARLIAMENT OF VICTORIA
Commonwealth Games Arrangements
(Miscellaneous Amendments) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purpose 2
2. Commencement 2
3. Principal Act 3
PART 2--DEVELOPMENT AND MANAGEMENT POWERS 4
4. Definitions 4
5. Test events 7
6. New sections 3C and 3D inserted 7
3C. Declaration of Games periods 7
3D. Declaration of prohibited items 8
7. Amendments to Part 3 of Principal Act 8
8. New section 28AA inserted 9
28AA. Delegation of prescribed powers and functions 9
9. New Part 3A inserted 9
PART 3A--EXEMPTIONS FROM OTHER LAWS 9
28C. Application 9
28D. Limitation on powers to make local laws 9
28E. Order declaring that section 28D applies 11
28F. Noise and light 11
28G. Crown Land (Reserves) Act 1978 and other Acts 12
28H. Major Events (Crowd Management) Act 2003 does
not apply 13
PART 3--MANAGEMENT OF GAMES MANAGEMENT AREAS 14
10. Restricted access areas 14
11. New sections 50A and 50B inserted 14
50A. Declaration of persons authorised to be in restricted
access areas other than during Games period 14
50B. Authorisation to be in restricted access areas by
Corporation during Games period 16
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551271B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Clause Page
12. New sections 51A and 51B inserted 17
51A. Warning people to leave restricted access area 17
51B. Direction not to enter restricted access area 17
13. Offences in restricted access areas 17
14. Power to remove offenders 19
15. New Part 5AA inserted 19
PART 5AA--MANAGEMENT OF GAMES
MANAGEMENT AREAS 19
56AA. Application of Part 19
56AB. Secretary to manage Games management areas during
Games period 20
56AC. Committees of management, land managers and other
persons 21
56AD. Games management areas to be restored to reasonable
condition 22
56AE. Designated access area to be restored to reasonable
condition 22
56AF. Removal of vehicles obstructing Games management
area 23
PART 4--MANAGEMENT OF EVENTS AND CROWD
CONTROL 25
16. Part 4 heading amended 25
17. Temporary closure of roads 25
18. New section 45A inserted 25
45A. Deemed permit under section 99B of Road Safety
Act 1986 25
19. New Division 2C of Part 5A inserted 26
Division 2C--Advertising on Boats 26
56KJA. Corporation may authorise advertising on boats 26
56KJB. Application for advertising on boats authorisation 27
56KJC. What can an advertising on boats authorisation
contain? 27
56KJD. Offence to display advertising on boats 28
20. Part heading amended and New Division heading inserted 29
21. Disrupting events 29
22. New section 56ZE and Divisions 2 to 6 of Part 5B inserted 29
56ZE. Entry to playing fields 29
Division 2--Crowd Control in Games Management Areas 30
56ZF. Prohibition of advertisements 30
56ZG. Offence to damage or deface 31
56ZH. Offence to erect structures or display sign or banner 32
56ZI. Offence to block stairs, exits or entries 32
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Clause Page
56ZJ. Offence to climb on fence, barrier or barricade 32
56ZK. Offence to throw or kick projectiles 33
56ZL. Offence to use loud hailer etc. 33
56ZM. Offence to conduct surveys or solicit money etc. 34
56ZN. Hawking or sale of goods or services 34
56ZO. Bringing in goods for sale or distribution 35
56ZP. Tickets 35
56ZQ. Busking in Games management areas 35
56ZR. Alcohol 36
56ZS. Vehicles in Games management area 36
56ZT. Parking or leaving vehicles in Games management area 37
56ZU. Prohibited items 37
56ZV. Surrender or confiscation of prohibited items 38
56ZW. Storage of prohibited items surrendered or confiscated 38
56ZX. Confiscation of other items 40
56ZY. Storage, return and destruction of items surrendered or
confiscated 41
56ZZ. Storage fee 41
56ZZA. Direction to leave Games management area 42
56ZZB. Repeat offenders 44
Division 3--Advertising 45
56ZZC. Prohibition of unauthorised advertising 45
Division 4--Authorisation of Certain Activities by
Secretary 47
56ZZD. Secretary may authorise certain activities 47
56ZZE. Secretary may revoke authorisation 47
56ZZF. Declaration of class of persons 48
Division 5--Authorisation of certain activities by the
Corporation 49
56ZZG. Corporation may authorise certain activities 49
56ZZH. Application for authorisation under this Division 49
56ZZI. What can an authorisation under this Division
contain? 50
Division 6--Authorisations Under Divisions 4 and 5 50
56ZZJ. Offence to fail to comply with terms and conditions 50
56ZZK. Production of authorisation 51
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Clause Page
PART 5--AUTHORISED OFFICERS AND OTHER
ENFORCEMENT MATTERS 52
23. New Divisions 1 to 4 of Part 6 inserted 52
Division 1--Authorised Officers 52
57AA. Appointment of authorised officers 52
57AB. Identification of authorised officers 53
57AC. Offence to hinder or obstruct authorised officer 54
57AD. Offence to impersonate authorised officer 54
57AE. Monitoring 54
57AF. Delegation under this Part by Secretary 54
Division 2--Powers of Authorised Officers 55
57AG. Power to require name and address 55
57AH. Refusal to give name and address 56
57AI. Inspection--ticketed venues 56
Division 3--Miscellaneous Enforcement Matters 58
57AJ. Infringement notices 58
57AK. Police may use reasonable force to remove person 58
Division 4--Miscellaneous 59
57AL. No compensation 59
24. New Schedule 5 inserted 59
SCHEDULE 5--Infringement Notices 59
PART 6--OTHER AMENDMENTS 63
25. Regulations 63
26. Offences by corporation and partnerships etc. 64
27. Expiry 65
28. Statute law revision 65
ENDNOTES 66
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PARLIAMENT OF VICTORIA
A BILL
to amend the Commonwealth Games Arrangements Act 2001 to
provide for miscellaneous matters, including the management and
regulation of areas being used for the Commonwealth Games and
associated events, to exempt Commonwealth Games venues, facilities
and other areas from various laws to facilitate the efficient delivery of
the Games, to make various other amendments necessary for the
effective conduct of the Commonwealth Games and associated events
or the effective operation of that Act and for other purposes.
Commonwealth Games Arrangements
(Miscellaneous Amendments) Act 2005
The Parliament of Victoria enacts as follows:
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Commonwealth Games Arrangements (Miscellaneous
Amendments) Act 2005
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to amend the
Commonwealth Games Arrangements Act
2001--
5
(a) to provide for the management and
regulation of areas, whether on land or water,
being used for the Commonwealth Games
and associated events;
(b) to exempt Commonwealth Games venues,
10
facilities and other areas from various laws
to facilitate the efficient delivery of the
Games;
(c) to make various other amendments necessary
for--
15
(i) the effective conduct of the
Commonwealth Games and associated
events; or
(ii) the effective operation of that Act;
(d) to provide for other miscellaneous matters.
20
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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Commonwealth Games Arrangements (Miscellaneous
Amendments) Act 2005
Act No.
Part 1--Preliminary
s. 3
3. Principal Act
See:
In this Act, the Commonwealth Games Act No.
Arrangements Act 2001 is called the Principal 57/2001.
Reprint No. 1
Act. as at
5 November
2003
and
amending
Act Nos
12/2004,
13/2004 and
108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
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Commonwealth Games Arrangements (Miscellaneous
Amendments) Act 2005
Act No.
Part 2--Development and Management Powers
s. 4
PART 2--DEVELOPMENT AND MANAGEMENT POWERS
4. Definitions
(1) In section 3(1) of the Principal Act, insert the
following definitions--
' "advertising on boats authorisation" means an
5
authorisation given by the Corporation under
section 56KJA;
"authorised officer" means a person appointed
under Division 1 of Part 6 to be an
authorised officer;
10
"distress signal" means a pyrotechnic device
intended for signalling, warning, rescue or
similar purposes, and includes marine flares
and signals, landing flares, highway fusees,
line-carrying rockets, anti-hail rockets, cloud
15
rockets, avalanche rockets and smoke
generators;
"Games management area" means--
(a) a Commonwealth Games venue;
(b) a designated access area;
20
"Games period" means--
(a) March 2006; or
(b) if any order under section 3C is in
force, the period specified in that order;
"laser pointer" means a hand-held battery-
25
operated article designed or adapted to emit
laser beams;
"prohibited item" means--
(a) an animal (other than, if the person is
blind, deaf or otherwise suffering a
30
disability, a guide dog used by that
person or to assist that person);
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Amendments) Act 2005
Act No.
Part 2--Development and Management Powers
s. 4
(b) a laser pointer;
(c) fireworks or a distress signal;
(d) a dangerous article within the meaning
of the Control of Weapons Act 1990;
(e) a whistle or loud hailer;
5
(f) a public address system, electronic
equipment, broadcast equipment or
similar device which may interfere with
broadcast equipment or similar devices
being used by the Secretary, the
10
Corporation or a person authorised
under this Act to use such equipment or
devices;
(g) a prohibited weapon or controlled
weapon within the meaning of the
15
Control of Weapons Act 1990, the
possession of which would constitute
an offence under that Act;
(h) a firearm within the meaning of the
Firearms Act 1996, the possession of
20
which would constitute an offence
under that Act;
(i) a flag or banner which--
(i) is larger than 1 metre by 1 metre;
or
25
(ii) has a handle longer than
18 metres;
(j) a bicycle, scooter, skateboard, roller
skates or roller blades;
(k) any items which are in such a quantity
30
that a reasonable person could infer that
those items are to be used for
commercial purposes;
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Amendments) Act 2005
Act No.
Part 2--Development and Management Powers
s. 4
(l) any item which the Minister declares
under section 3D to be a prohibited
item;
"restricted access area" means an area that has
been marked off or caused to be marked off
5
under section 49;
"ticketed venue" means a Commonwealth
Games venue to which entry is only
permitted by a ticket issued by or on behalf
of the Corporation;
10
"vehicle" has the same meaning as it has in the
Road Safety Act 1986;'.
(2) In section 3(1) of the Principal Act, for the
definition of "Secretary" substitute--
' "Secretary" means--
15
(a) in Division 1 of Part 6, the person who
for the time being is the Department
Head under the Public Administration
Act 2004 of the Department for
Victorian Communities;
20
(b) except in Division 1 of Part 6, the
body corporate constituted under
section 25A;'.
(3) After section 3(2) of the Principal Act insert--
'(3) If under the Public Administration Act
25
2004 the name of the Department for
Victorian Communities is changed, the
reference in sub-section (1) in the definition
of "Secretary" to that Department must, from
the date when the name is changed, be
30
treated as a reference to the Department by
its new name.'.
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Amendments) Act 2005
Act No.
Part 2--Development and Management Powers
s. 5
5. Test events
At the end of section 3B of the Principal Act
insert--
"(2) An Order made under sub-section (1) may
specify that--
5
(a) all the provisions of the Act or only
particular provisions of the Act as
specified in the Order apply to the test
event; or
(b) all the provisions of the regulations or
10
only particular provisions of the
regulations as specified in the Order
apply to the test event; or
(c) a combination of the provisions
referred to in paragraphs (a) and (b) as
15
specified in the Order apply to the test
event.".
6. New sections 3C and 3D inserted
After section 3B of the Principal Act insert--
"3C. Declaration of Games periods
20
(1) The Minister, by order published in the
Government Gazette, may declare that a
period specified in the order is a Games
period for the purposes of this Act.
(2) An order under sub-section (1)--
25
(a) must specify a Games period not
exceeding 90 days which includes
March 2006 or part of March 2006;
(b) may specify different Games periods
for different Games management areas;
30
(c) may be of general or limited
application;
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Act No.
Part 2--Development and Management Powers
s. 7
(d) may differ according to differences in
time, place or circumstance.
3D. Declaration of prohibited items
(1) Subject to sub-section (2), the Minister may
declare any item to be a prohibited item for
5
the purposes of this Act.
(2) The Minister must consult with the Minister
administering the Control of Weapons Act
1990 and the Minister administering the Fair
Trading Act 1999 before making a
10
declaration under this section.
(3) A declaration under sub-section (1) must be
published in the Government Gazette.".
7. Amendments to Part 3 of Principal Act
(1) In the heading to Part 3 of the Principal Act, after
15
"FACILITIES" insert "AND GAMES
MANAGEMENT AREAS".
(2) At the foot of section 14(1) of the Principal Act
insert--
20 'Note: The definition of "land" in section 38 of the
Interpretation of Legislation Act 1984 includes
land covered by water.'.
(3) After section 14(3) of the Principal Act insert--
"(4) Before the Minister makes a venue Order in
respect of land to which the National Parks
25
Act 1975 applies, the Minister must consult
with the Minister administering that Act.".
(4) In section 15(1)(a)(i) of the Principal Act, after
"venue" insert "or a designated access area".
(5) After section 16(2) of the Principal Act insert--
30
'(3) If a proposed designated access area or any
part of a proposed designated access area is
land to which the National Parks Act 1975
applies, the Minister must consult with the
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Commonwealth Games Arrangements (Miscellaneous
Amendments) Act 2005
Act No.
Part 2--Development and Management Powers
s. 8
Minister administering that Act before
making a designated access area Order in
respect of that land.
Note: The definition of "land" in section 38 of the
5 Interpretation of Legislation Act 1984
includes land covered by water.'.
8. New section 28AA inserted
After section 28 of the Principal Act insert--
"28AA. Delegation of prescribed powers and
functions
10
The Secretary, in writing, must delegate to
the Corporation any prescribed powers or
functions or any prescribed class of powers
or functions under this Act or the
regulations.".
15
9. New Part 3A inserted
After Part 3 of the Principal Act insert--
"PART 3A--EXEMPTIONS FROM OTHER
LAWS
28C. Application
20
Nothing in this Part limits the effect or
operation of any other exemptions applying
to a Games management area under this Act
or any other law.
28D. Limitation on powers to make local laws
25
(1) This section applies during--
(a) a Games period; or
(b) any period other than a Games period if
an order under section 28E is in force.
(2) A Council must not make a local law under
30
the Local Government Act 1989 for or with
respect to--
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Act No.
Part 2--Development and Management Powers
s. 9
(a) a Games management area; or
(b) the carrying out of works for the
purposes of the development or use of a
Games management area, including the
timing of works (including hours for
5
building) for, and standards of,
construction of those works; or
(c) restricting the emanation of noise or
light from a Games management area;
or
10
(d) restricting the use of any road for
access to or egress from a Games
management area.
(3) Without limiting sections 111(2), 111(3) and
111(4) of the Local Government Act 1989,
15
a local law, whether made before or after the
commencement of this section, is inoperative
to the extent that it makes provision for or
with respect to or affecting any matter or
thing referred to in sub-section (2).
20
(4) Without limiting sub-section (3), a local law
is inoperative to the extent that it is
inconsistent with the exercise of any powers
or functions under this Act--
(a) by the Corporation; or
25
(b) by the Secretary.
(5) Without limiting sub-section (3), a local law
is inoperative to the extent that it has the
effect of, or is exercised in a manner directed
at, preventing, hindering or disrupting the
30
Secretary or the Corporation in the
performance of an obligation or the pursuit
of a right under any agreement, if the
Governor in Council, by order published in
the Government Gazette, declares it to be
35
inoperative.
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Act No.
Part 2--Development and Management Powers
s. 9
28E. Order declaring that section 28D applies
(1) The Governor in Council, by order published
in the Government Gazette, may declare that
section 28D or any provision of section 28D
applies during a period other than a Games
5
period.
(2) An order under sub-section (1)--
(a) must specify the period for which it
applies--
(i) not being a Games period; and
10
(ii) not exceeding 6 months;
(b) must specify that the whole of
section 28D applies or the specific
provisions of section 28D in respect of
which the order applies;
15
(c) must specify the Commonwealth
Games venues or Games management
areas to which it applies;
(d) may specify specific local laws or
classes of local laws in respect of which
20
section 28D applies or a specific
provision of section 28D applies;
(e) may be of general or limited
application;
(f) may differ according to differences in
25
time, place or circumstance.
28F. Noise and light
Nothing in the Health Act 1958 or the Local
Government Act 1989 or regulations or
local laws under those Acts applies in respect
30
of noise or light emanating from a Games
management area.
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Act No.
Part 2--Development and Management Powers
s. 9
28G. Crown Land (Reserves) Act 1978 and
other Acts
(1) Despite anything to the contrary in the Land
Act 1958, any Crown grant, the Crown
Land (Reserves) Act 1978, any reservation
5
under either of those Acts or any regulations
made under either of those Acts, land in a
Games management area may be entered and
used for any of the following purposes--
(a) the preparation or conduct of a
10
Commonwealth Games event or any
associated event, activity or program or
any activity ancillary to any such event,
activity or program;
(b) the use or development of a Games
15
management area;
(c) the provision, development or use of
facilities;
(d) any commercial or promotional
activities associated with, or ancillary
20
to, the Commonwealth Games or a
Commonwealth Games event;
(e) any other purpose necessary for the
carrying out of functions or powers
under this Act.
25
(2) Despite anything to the contrary in the
National Parks Act 1975, the State Sport
Centres Act 1994, the Melbourne and
Olympic Parks Act 1985, the Melbourne
Cricket Ground Act 1933, the Albert Park
30
Land Act 1972, the Environment Effects
Act 1978 or any regulations made under any
of those Acts, the Secretary or the
Corporation may carry out any functions or
powers under this Act.
35
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s. 9
28H. Major Events (Crowd Management) Act
2003 does not apply
The Major Events (Crowd Management)
Act 2003 does not apply to a Commonwealth
Games event or to a Games management
5
area despite--
(a) that event being conducted in a
managed venue within the meaning of
that Act; or
(b) that Games management area or any
10
part of that area being a managed venue
within the meaning of that Act.".
__________________
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Act No.
Part 3--Management of Games Management Areas
s. 10
PART 3--MANAGEMENT OF GAMES MANAGEMENT
AREAS
10. Restricted access areas
(1) In the heading to Part 5 of the Principal Act, after
"WORKS" insert "AND GAMES
5
MANAGEMENT AREAS".
(2) In section 49(d) of the Principal Act, after "access
area" insert "and the restrictions (if any) which
apply in relation to that area".
(3) In section 50(1) of the Principal Act--
10
(a) after "holder" insert "or class of employee or
person";
(b) in paragraph (a) after "employee" insert
"or class of employee";
(c) in paragraph (b)--
15
(i) after "person" insert "or class of
person";
(ii) after "project" insert "or for any other
purpose necessary for, or related to, the
safe or effective management or
20
conduct of the Commonwealth Games
or a Commonwealth Games event.".
11. New sections 50A and 50B inserted
After section 50 of the Principal Act insert--
"50A. Declaration of persons authorised to be in
25
restricted access areas other than during
Games period
(1) The Secretary, by declaration, may authorise
a class of person or classes of persons to
enter and remain on any part of a restricted
30
access area for any of the following purposes
or any combination of those purposes--
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Act No.
Part 3--Management of Games Management Areas
s. 11
(a) the preparation or conduct of, or
participation in, the Commonwealth
Games, a Commonwealth Games event
or any associated event, activity or
program;
5
(b) the carrying out of any activity
associated with or ancillary to the
matters specified in paragraph (a);
(c) the use and occupation of the Games
Village;
10
(d) the use of any facilities.
(2) A declaration under sub-section (1)--
(a) must specify the class of person or
classes of persons to whom the
authorisation applies;
15
(b) must specify the terms and conditions
(if any) to which the authorisation is
subject;
(c) subject to paragraph (d), may specify--
(i) the period during which the
20
authorisation applies; and
(ii) the area to which the authorisation
applies;
(d) must not specify a period which is a
Games period;
25
Note: See section 50B.
(e) may be of general or limited
application;
(f) may differ according to differences in
time, place or circumstance.
30
(3) A declaration under sub-section (1) must be
published in the Government Gazette.
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Act No.
Part 3--Management of Games Management Areas
s. 11
50B. Authorisation to be in restricted access
areas by Corporation during Games
period
(1) The Corporation may authorise a person, a
class of person or classes of persons to enter
5
and remain on any part of a restricted access
area during a Games period for any of the
following purposes or any combination of
those purposes--
(a) the preparation or conduct of, or
10
participation in, the Commonwealth
Games, a Commonwealth Games event
or any associated event, activity or
program;
(b) the carrying out of any activity
15
associated with or ancillary to the
matters specified in paragraph (a);
(c) the use and occupation of the Games
Village during a Games period;
(d) the use of any facilities during a Games
20
period.
(2) An authorisation under sub-section (1)--
(a) must be in writing; and
(b) must specify the person, class of person
or classes of persons to whom the
25
authorisation applies;
(c) must specify the terms and conditions
(if any) to which the authorisation is
subject;
(d) may specify--
30
(i) the period during a Games period
to which the authorisation applies;
and
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s. 12
(ii) the area to which the authorisation
applies;
(e) may be of general or limited
application;
(f) may differ according to differences in
5
time, place or circumstance.".
12. New sections 51A and 51B inserted
After section 51 of the Principal Act insert--
"51A. Warning people to leave restricted access
area
10
(1) The Secretary, a member of the police force
or an authorised officer may warn any person
who is not authorised under section 50, 50A
or 50B to be in a restricted access area or
otherwise authorised under this Act to be in
15
that area to leave any part of a restricted
access area.
(2) For the purposes of section 9(1) of the
Summary Offences Act 1966, the Secretary
is deemed to be the occupier of the land
20
concerned in exercising a power under sub-
section (1).
51B. Direction not to enter restricted access
area
An authorised officer or a member of the
25
police force may direct any person who is
not authorised under section 50, 50A or 50B
to be in a restricted access area or otherwise
authorised under this Act to be in that area
not to enter a restricted access area.".
30
13. Offences in restricted access areas
(1) In section 52(1)(a) of the Principal Act, after
"section 50" insert "or is authorised under
section 50A or 50B or otherwise under this Act".
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(2) In section 54(2) of the Principal Act, after
"section 50" insert "or section 50A or 50B or
otherwise under this Act".
(3) In section 55 of the Principal Act--
(a) after "member of the police force" insert
5
"or an authorised officer";
(b) after "section 50" insert "or other evidence
of that person's authority to be in that area".
(4) At the end of section 55 of the Principal Act
insert--
10
"(2) A member of the police force or an
authorised officer must--
(a) produce proof of his or her identity and
official status before exercising a power
under sub-section (1) unless, in the case
15
of a member of the police force, the
member is in uniform; and
(b) inform the person that--
(i) the authorised officer or member
of the police force (as the case
20
requires) is empowered under sub-
section (1) to ask the person to
produce evidence of that person's
authority to enter or remain on the
restricted access area or to ask the
25
person to give that person's name
and address; and
(ii) it is an offence to fail to comply
with the requirements of sub-
section (1); and
30
(c) make all reasonable attempts to ensure
that the person understands the
requirement made under sub-
section (1).
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(3) It is not an offence for a person to fail to
comply with sub-section (1) if the authorised
officer or member of the police force (as the
case requires) did not comply with sub-
section (2).".
5
14. Power to remove offenders
After section 56(1) of the Principal Act insert--
"(1A) A member of the police force may remove a
person from a Games management area if the
member of the police force believes on
10
reasonable grounds that--
(a) the person is not authorised to be in a
restricted access area; and
(b) the person has been given a warning to
leave the restricted access area under
15
section 51A or has been directed under
section 51B not to enter the area and
the person has refused to comply with
the warning or the direction, as the case
requires.".
20
15. New Part 5AA inserted
After Part 5 of the Principal Act insert--
'PART 5AA--MANAGEMENT OF GAMES
MANAGEMENT AREAS
56AA. Application of Part
25
Nothing in this Part prevents a person
outside a Games period--
(a) driving a vehicle, or being a passenger
in a vehicle being driven, on a public
highway through a Games management
30
area;
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(b) attending in a Games management
area--
(i) a public entertainment;
(ii) a public sporting activity--
approved by the committee of
5
management or other land manager of
that area;
(c) patronising a business that is
permanently located in a Games
management area.
10
56AB. Secretary to manage Games management
areas during Games period
(1) Subject to this Act, during a Games period,
the Secretary is responsible for the
management and control of a Games
15
management area for the purposes of--
(a) the Commonwealth Games; and
(b) the management and conduct of
Commonwealth Games events or
associated events, activities or
20
programs; and
(c) carrying out activities ancillary to or
associated with the Commonwealth
Games, Commonwealth Games events
or associated events, activities or
25
programs; and
(d) carrying out any other functions or
powers under this Act.
(2) Despite sub-section (1), and without limiting
its other powers under this Act, the
30
Corporation is responsible for and has all
powers necessary to control access to a
Games management area by participants,
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officials, volunteers, spectators and other
persons during a Games period.
56AC. Committees of management, land
managers and other persons
(1) During a Games period, the powers of any
5
committee of management under any Act,
any land manager under any Act or a person
referred to in sub-section (2) in respect of
any Games management area must not be
exercised except--
10
(a) with the consent of the Secretary; or
(b) in accordance with any agreement or
arrangement entered into with the
Secretary or with the Corporation.
(2) Despite sub-section (1), a person who has a
15
pre-existing right to carry on a business in
premises in a Games management area,
being premises in respect of which the
person has a right of occupation, may, during
a Games period, carry on that business--
20
(a) to the extent, and in accordance with
the conditions, that the Secretary, after
consultation with the committee of
management or other land manager (as
the case requires), approves; or
25
(b) in the case where an agreement or
arrangement has been entered into with
the Corporation, to the extent, and in
accordance with the agreement or
arrangement and any conditions, that
30
the Corporation, after consultation with
the committee of management or other
land manager (as the case requires),
approves; or
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(c) in the event of a dispute, to the extent,
and in accordance with the conditions,
that the Minister approves.
56AD. Games management areas to be restored
to reasonable condition
5
(1) A Games management area which is a
Commonwealth Games venue must, as soon
as practicable after the end of a Games
period, be restored by the Secretary to a
condition reasonably comparable to its
10
condition immediately before the beginning
of that period.
(2) The Secretary must take all reasonable steps
to ensure compliance with sub-section (1).
(3) If there is a dispute between the committee
15
of management or other land manager (as the
case requires) and the Secretary about the
standard of restoration in the Commonwealth
Games venue, the committee of management
or the land manager (as the case requires) or
20
the Secretary may refer the matter to the
Minister administering the Crown Land
(Reserves) Act 1978 and the Minister
administering this Act for a decision on the
matter.
25
56AE. Designated access area to be restored to
reasonable condition
A Games management area which is a
designated access area must, as soon as
practicable after the end of a Games period,
30
be restored by the Secretary to a condition
reasonably comparable to its condition
immediately before the beginning of that
period.
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56AF. Removal of vehicles obstructing Games
management area
(1) A member of the police force may move or
cause to be moved a vehicle which is parked
or left standing--
5
(a) in a Games management area, if that
vehicle is not authorised to be in that
area; or
(b) so close to a Games management area
as to obstruct access to, or egress from,
10
it by vehicles or pedestrians.
(2) A member of the police force may move or
cause to be moved a vehicle which is parked
or left standing in a Games management area
if, in the opinion of the member of the police
15
force, the vehicle is--
(a) a danger to other vehicles or persons in
that area; or
(b) causing or likely to cause traffic
congestion; or
20
(c) hindering or obstructing, or likely to
hinder or obstruct--
(i) a Commonwealth Games event or
an associated event, activity or
program; or
25
(ii) any activity associated with or
ancillary to the Commonwealth
Games, a Commonwealth Games
event or an associated event,
activity or program;
30
(iii) access to or egress from any
facilities used for the purposes of
the Commonwealth Games.
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(3) Sub-section (2) applies whether or not the
vehicle is authorised to be in the Games
management area.
(4) A member of the police force acting in
accordance with this section may--
5
(a) enter a vehicle using, if necessary,
reasonable force, for the purpose of
conveniently or expeditiously moving
it; and
(b) move the vehicle to the nearest
10
convenient place.
(5) The Chief Commissioner of Police may
recover from the owner of a vehicle moved
under this section any reasonable costs
incurred in moving it.
15
(6) In this section, "owner" has the same
meaning as it has in Part 7 of the Road
Safety Act 1986.'.
__________________
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PART 4--MANAGEMENT OF EVENTS AND CROWD
CONTROL
16. Part 4 heading amended
In the heading to Part 4 of the Principal Act, after
"PROJECTS" insert "AND GAMES
5
MANAGEMENT AREAS".
17. Temporary closure of roads
(1) After section 45(1) of the Principal Act insert--
"(1A) Subject to sub-section (2), the Minister may
temporarily close a road or part of a road to
10
traffic generally or to a particular class of
traffic if the Minister considers it necessary
to do so for the purposes of conducting a
Commonwealth Games event or any purpose
associated with or ancillary to the conduct of
15
that event.".
(2) In section 45(2) of the Principal Act, after
"sub-section (1)" insert "or sub-section (1A)".
(3) After section 45(2) of the Principal Act insert--
'(3) In this section, "traffic" means vehicular
20
traffic, pedestrian traffic and all other kinds
of traffic.'.
18. New section 45A inserted
After section 45 of the Principal Act insert--
"45A. Deemed permit under section 99B of Road
25
Safety Act 1986
(1) For the purposes of preparation for the
conducting of a Commonwealth Games
event which involves conducting a non-road
activity within the meaning of section 99B of
30
the Road Safety Act 1986 on a highway
within the meaning of that Act, the Secretary
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is deemed to be a person to whom a permit
under that section has been issued.
(2) For the purposes of conducting a
Commonwealth Games event which involves
conducting a non-road activity within the
5
meaning of section 99B of the Road Safety
Act 1986 on a highway within the meaning
of that Act, the Corporation is deemed to be
a person to whom a permit under that section
has been issued.".
10
19. New Division 2C of Part 5A inserted
After Division 2B of Part 5A of the Principal Act
insert--
'Division 2C--Advertising on Boats
56KJA. Corporation may authorise advertising on
15
boats
(1) Subject to sub-section (2), the Corporation
may authorise a person to display advertising
on a boat within one kilometre of a Games
management area or a Commonwealth
20
Games event during March 2006.
(2) The Corporation must not give an
advertising on boats authorisation if, in the
opinion of the Corporation, the display of
advertising on the boat would adversely
25
affect--
(a) the organisation or conduct of the
Commonwealth Games or a
Commonwealth Games event; or
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(b) any commercial arrangements relating
to the Commonwealth Games or a
Commonwealth Games event.
(3) An advertising on boats authorisation must
be in writing.
5
56KJB. Application for advertising on boats
authorisation
An application for an advertising on boats
authorisation must be made in the manner
and form determined by the Corporation.
10
56KJC. What can an advertising on boats
authorisation contain?
An advertising on boats authorisation is
subject to any terms and conditions which
the Corporation believes are reasonable to
15
impose including but not limited to--
(a) the duration of the authorisation;
(b) whether the authorisation applies
generally or in specified circumstances;
(c) whether the authorisation applies to a
20
specified person or persons or to a
specified class or classes of person;
(d) whether the authorisation applies to--
(i) a specified type of advertising or
to a specified class or classes of
25
advertising; or
(ii) a specified type of boat or to a
specified class or classes of boat.
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56KJD. Offence to display advertising on boats
(1) During March 2006, a person must not
display an advertisement, or cause an
advertisement to be displayed, on a boat that
is within one kilometre of a Games
5
management area or a Commonwealth
Games event except with an advertising on
boats authorisation.
Penalty: 400 penalty units, in the case of a
natural person;
10
2400 penalty units, in the case of a
body corporate.
(2) For the purposes of this section--
"advertisement" includes--
(a) a banner or other sign towed by or
15
attached to a boat;
(b) matter displayed on a boat
(including on a sail), other than its
normal markings and livery;
(c) matter displayed on a flag, other
20
than a state or national flag, that
has an area of more than 5 square
metres;
(d) any laser or digital projection of
advertising;
25
"boat" means any water craft, whether or
not powered and includes sail craft and
jet skis.'.
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20. Part heading amended and New Division heading
inserted
(1) For the heading to Part 5B of the Principal Act,
substitute--
"PART 5B--COMMONWEALTH GAMES
5
EVENTS AND ACTIVITIES IN GAMES
MANAGEMENT AREAS".
(2) Before section 56ZC of the Principal Act insert--
"Division 1--Obstructing Games Events".
21. Disrupting events
10
(1) In the heading to section 56ZC of the Principal
Act, for "or hinder" substitute ", hinder or
disrupt".
(2) In section 56ZC of the Principal Act, for
"or hinder" substitute ", hinder or disrupt".
15
22. New section 56ZE and Divisions 2 to 6 of Part 5B
inserted
After section 56ZD of the Principal Act insert--
'56ZE. Entry to playing fields
During a Games period or a test event, a
20
person must not enter a playing field, track,
pool or arena in a Commonwealth Games
venue unless the person--
(a) is a participant in a Commonwealth
Games event; or
25
(b) is engaged in the control or
management of a Commonwealth
Games event; or
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(c) is, or is a member of a class of person
that is, otherwise authorised to go onto
the playing field, track or arena or into
the pool.
Penalty: 10 penalty units.
5
Division 2--Crowd Control in Games
Management Areas
56ZF. Prohibition of advertisements
(1) During a Games period or a test event, a
person must not, except with the written
10
authorisation of the Corporation, cause any
poster, placard, bill, banner, print, paper or
any advertising material to be affixed to or
placed on or remain on any building or
structure, tree, fence or cordon that is--
15
(a) in a Games management area; or
(b) on any fence, cordon, building or
structure defining the boundary of a
Games management area.
Penalty: 20 penalty units.
20
(2) An authorised officer may remove any
poster, placard, bill, banner, print, paper or
advertising material, affixed or placed on any
building or structure, tree, fence or cordon in
contravention of this section.
25
(3) During a Games period or a test event, a
person must not distribute or promote any
advertising or promotional material, samples
of goods or services, or any other matter or
thing to members of the public in a Games
30
management area except--
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(a) with the written authorisation of the
Corporation; or
(b) otherwise in accordance with this Act.
Penalty: 20 penalty units.
(4) During a Games period or a test event, a
5
person must not display any advertising or
promotional material, samples of goods or
services, or any other matter or thing to
members of the public in a Games
management area except--
10
(a) with the written authorisation of the
Corporation; or
(b) otherwise in accordance with this Act.
Penalty: 20 penalty units.
(5) Sub-section (4) does not apply to articles of
15
clothing being worn by--
(a) a member of the public attending a
Commonwealth Games event; or
(b) a person who is a participant in, or who
is officiating at, a Commonwealth
20
Games event; or
(c) a volunteer engaged in the management
or conduct of a Commonwealth Games
event.
56ZG. Offence to damage or deface
25
During a Games period or a test event, a
person must not, in a Games management
area, deface or damage any building, fence,
barrier, barricade, seat, chair, table, structure,
vehicle, craft, truck, pipe, tap, tap fitting,
30
conduit, electrical equipment, wiring or sign.
Penalty: 20 penalty units.
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56ZH. Offence to erect structures or display sign
or banner
(1) During a Games period or a test event, a
person must not, except with the written
authorisation of the Secretary or the
5
Corporation, in a Games management area--
(a) erect any structure; or
(b) erect or display any sign or banner of a
commercial or promotional nature.
Penalty: 20 penalty units.
10
(2) An authorised officer may cause to be
dismantled or removed from a Games
management area any structure, sign or
banner erected in contravention of this
section.
15
56ZI. Offence to block stairs, exits or entries
During a Games period or a test event, a
person must not, without reasonable excuse,
block any stairs, steps, aisle, gangway,
overpass, underpass, pontoon, bridge,
20
passage, entry, exit or other thoroughfare in a
Games management area except--
(a) with the written authorisation of the
Secretary; or
(b) otherwise in accordance with this Act.
25
Penalty: 20 penalty units.
56ZJ. Offence to climb on fence, barrier or
barricade
During a Games period or a test event, a
person must not, without reasonable excuse,
30
climb on any fence, barrier or barricade in a
Games management area or delineating the
boundaries of a Games management area
except--
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(a) with the written authorisation of the
Secretary; or
(b) otherwise in accordance with this Act.
Penalty: 20 penalty units.
56ZK. Offence to throw or kick projectiles
5
(1) During a Games period or a test event, a
person must not, within a Games
management area, throw or kick any stone,
bottle or other projectile.
Penalty: 20 penalty units.
10
(2) Sub-section (1) does not apply to a person
who throws or kicks a projectile in the
course of--
(a) participating in a Commonwealth
Games event; or
15
(b) officiating at a Commonwealth Games
event; or
(c) officially acting as a volunteer engaged
in the management or conduct of a
Commonwealth Games event.
20
56ZL. Offence to use loud hailer etc.
During a Games period or a test event, a
person must not, in a Games management
area, operate or use a loud hailer, public
address system or other broadcast device
25
except--
(a) with the written authorisation of the
Secretary; or
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(b) in the course of--
(i) officiating at a Commonwealth
Games event; or
(ii) officially acting as a volunteer
engaged in the management or
5
conduct of a Commonwealth
Games event; or
(c) otherwise in accordance with this Act.
Penalty: 20 penalty units.
56ZM. Offence to conduct surveys or solicit
10
money etc.
During a Games period or a test event, a
person must not, except with the written
authorisation of the Corporation, in a Games
management area--
15
(a) conduct public surveys or opinion
polls; or
(b) solicit money, donations or
subscriptions from members of the
public.
20
Penalty: 20 penalty units.
56ZN. Hawking or sale of goods or services
During a Games period or a test event, a
person must not, in a Games management
area, hawk, sell, offer or expose for sale to
25
members of the public any goods or services
or collect money or orders from members of
the public for goods or services except with
the written authorisation of the Corporation.
Penalty: 20 penalty units.
30
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56ZO. Bringing in goods for sale or distribution
During a Games period or a test event, a
person must not bring into a Games
management area goods for the purpose of
distribution or sale to members of the public
5
except with the written authorisation of the
Corporation.
Penalty: 20 penalty units.
56ZP. Tickets
During a Games period or a test event, a
10
person must not, except with the written
authorisation of the Corporation, in a Games
management area--
(a) sell, offer or make available for sale, or
give away any ticket to the
15
Commonwealth Games whether valid,
an imitation or forged; or
(b) bring into a Games management area
tickets for the purposes referred to in
paragraph (a).
20
Penalty: 20 penalty units.
56ZQ. Busking in Games management areas
During a Games period or a test event, a
person must not busk in a Games
management area except--
25
(a) with the written authorisation of the
Secretary; or
(b) otherwise in accordance with this Act.
Penalty: 20 penalty units.
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56ZR. Alcohol
(1) During a Games period or a test event a
person in a Games management area must
not have in his or her possession any alcohol
that has not been purchased in that area in
5
accordance with the Liquor Control
Reform Act 1998 except--
(a) with the written authorisation of the
Secretary; or
(b) otherwise in accordance with this Act.
10
Penalty: 20 penalty units.
(2) During a Games period or a test event, a
person must not take out of a Games
management area any alcoholic beverage
except--
15
(a) with the written authorisation of the
Secretary; or
(b) otherwise in accordance with this Act.
Penalty: 20 penalty units.
56ZS. Vehicles in Games management area
20
(1) During a Games period or a test event, a
person must not bring a vehicle into a Games
management area except--
(a) with the written authorisation of the
Corporation; or
25
(b) otherwise in accordance with this Act.
Penalty: 20 penalty units.
(2) Sub-section (1) does not apply to the
bringing into a Games management area of a
pram, stroller, wheelchair or other mobility
30
aid.
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56ZT. Parking or leaving vehicles in Games
management area
(1) During a Games period or a test event, a
person must not park or leave standing a
vehicle in a Games management area
5
except--
(a) with the written authorisation of the
Secretary or the Corporation; or
(b) otherwise in accordance with this Act.
Penalty: 20 penalty units.
10
Note: See the definition of "parking infringement" in
the Road Safety Act 1986.
(2) Sub-section (1) does not apply to the parking
or leaving standing in a Games management
area of a pram, stroller, wheelchair or other
15
mobility aid.
56ZU. Prohibited items
(1) During a Games period or a test event, a
person must not knowingly bring into a
Games management area or knowingly
20
possess in a Games management area any
prohibited item.
Penalty: 20 penalty units.
(2) Sub-section (1) does not apply to a person
who brings a prohibited item into a Games
25
management area or has in that person's
possession in a Games management area a
prohibited item--
(a) with the written authority of the
Secretary; or
30
(b) otherwise in accordance with this Act.
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56ZV. Surrender or confiscation of prohibited
items
(1) An authorised officer or a member of the
police force may request a person to
surrender any prohibited item that the person
5
intends to bring, or has brought, into a
Games management area or has in that
person's possession in that area in
contravention of this Act.
(2) If a person refuses to comply with a request
10
under sub-section (1), an authorised officer
or member of the police force--
(a) may direct the person not to enter a
Games management area; or
(b) if the person is in a Games management
15
area, may direct the person to leave
the Games management area and not
re-enter the area for a period of
24 hours; or
(c) may confiscate the prohibited item.
20
56ZW. Storage of prohibited items surrendered
or confiscated
(1) The Secretary must ensure that a prohibited
item that has been surrendered by a person
in compliance with a request under
25
section 56ZV or confiscated under that
section--
(a) is stored at the relevant Games
management area or any other place in
a manner which the Secretary considers
30
appropriate; and
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(b) on payment of a reasonable storage fee
determined by the Secretary under
section 56ZZ, is returned to the
person--
(i) on request when the person leaves
5
the Games management area; or
(ii) within 28 days after the item is
surrendered or confiscated.
(2) A prohibited item that is not collected by the
person who surrendered it in compliance
10
with a request under section 56ZV or from
whom it was confiscated under that section
must be stored by the Secretary until the
earlier of--
(a) the person requesting the item's return;
15
or
(b) the expiration of 28 days after the item
was surrendered or confiscated (as the
case requires).
(3) Subject to sub-section (4), despite anything
20
to the contrary in this section, if a
surrendered or confiscated prohibited item--
(a) is a prohibited weapon or a controlled
weapon within the meaning of the
Control of Weapons Act 1990 or a
25
firearm within the meaning of the
Firearms Act 1996, the possession of
which would constitute an offence
under the relevant Act, the Secretary
must ensure that the item is given to a
30
member of the police force within
24 hours after the item is surrendered or
confiscated (as the case requires);
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(b) is a dangerous article, laser pointer or
distress signal and the item is not
collected within 28 days after it was
surrendered or confiscated, the
Secretary must destroy the item;
5
(c) is a perishable foodstuff, the Secretary
may destroy or dispose of the item after
the end of the day on which the item is
surrendered or confiscated;
(d) being an item not referred to in
10
paragraph (a) or (b), is not collected
within 28 days after it was surrendered
or confiscated (as the case requires), the
Secretary may sell the item and the
proceeds of the sale must be paid into
15
the Consolidated Fund.
(4) If proceedings for an offence against
section 56ZU have been commenced in
respect of an item to which this section
applies, subject to any court order, that item
20
must not be--
(a) returned to the person who surrendered
it or from whom it was confiscated; or
(b) destroyed or sold under this section.
56ZX. Confiscation of other items
25
(1) An authorised officer or a member of the
police force may request a person in a
Games management area to surrender any
item which the officer or member believes
on reasonable grounds to have been used in
30
contravention of section 56ZM, 56ZN, 56ZO
or 56ZP.
(2) If a person refuses to comply with a request
under sub-section (1), an authorised officer
or member of the police force may confiscate
35
that item.
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56ZY. Storage, return and destruction of items
surrendered or confiscated
(1) Subject to sub-section (3), the Secretary must
ensure that an item surrendered or
confiscated under section 56ZX--
5
(a) is stored at the relevant Games
management area or any other place in
a manner which the Secretary considers
appropriate; and
(b) on payment of a reasonable storage fee
10
determined by the Secretary under
section 56ZZ, is returned to the person
on request within 28 days after the end
of March 2006.
(2) Subject to sub-section (3), if the person from
15
whom an item was surrendered or
confiscated under section 56ZX has not
requested the item's return in accordance
with sub-section (1)(b), the Secretary may
destroy that item in any manner that the
20
Secretary thinks fit.
(3) If proceedings for an offence against
section 56ZM, 56ZN, 56ZO or 56ZP have
been commenced in respect an item to which
this section applies, subject to any court
25
order, that item must not be returned or
destroyed under this section.
56ZZ. Storage fee
(1) The Secretary, by declaration published
in the Government Gazette, may fix
30
reasonable storage fees for the purposes of
sections 56ZW and 56ZY.
(2) A declaration under sub-section (1)--
(a) may differ according to differences in
time, place or circumstance;
35
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(b) may set different fees for different
items or classes of item.
56ZZA. Direction to leave Games management
area
(1) Subject to sub-section (2), an authorised
5
officer or a member of the police force may
direct a person to leave or not to enter a
Games management area if the authorised
officer or a member of the police force (as
the case requires)--
10
(a) believes on reasonable grounds that the
person has committed an offence
against Division 1 or 2 of Part 5B of
this Act; and
(b) has informed the person that the officer
15
or member has formed the belief
referred to in paragraph (a); and
(c) has requested that person to leave or
not to enter the Games management
area and that person has refused to
20
leave or has entered.
(2) An authorised officer or a member of the
police force must--
(a) produce proof of his or her identity and
official status before exercising a power
25
under sub-section (1) unless, in the case
of a member of the police force, the
member is in uniform; and
(b) inform the person that--
(i) the authorised officer or member
30
of the police force (as the case
requires) is empowered to direct
the person to leave or not to enter
the Games management area; and
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(ii) it is an offence to fail to comply
with the direction; and
(c) make all reasonable attempts to ensure
that the person understands the
direction.
5
(3) A direction under sub-section (1) may apply
to--
(a) the whole of a Games management
area; or
(b) any part of a Games management area.
10
(4) A direction under sub-section (1)--
(a) must specify a period, not exceeding
24 hours, for which the direction
applies; and
(b) may be given in either or both of the
15
following ways--
(i) orally;
(ii) in writing by serving it on the
person to whom it applies either
personally or by post.
20
(5) A person who is not authorised to be in a
Games management area must comply with
a direction under this section.
Penalty: 20 penalty units.
(6) It is not an offence for a person to fail to
25
comply with a direction under this section
given by an authorised officer or a member
of the police force if the authorised officer or
member of the police force (as the case
requires) did not comply with sub-
30
section (2).
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56ZZB. Repeat offenders
(1) If a member of the police force suspects on
reasonable grounds that a person who has
previously been given a direction to leave or
not enter a Games management area under
5
section 56ZZA is likely to disrupt a
Commonwealth Games event, the member of
the police force may apply to the
Magistrates' Court for an order prohibiting
the person from entering any Games
10
management area (either wholly or in part)
during a Games period or test event period
(as the case requires).
(2) A member of the police force making an
application under sub-section (1) must serve
15
notice of that application on the person in
respect of whom the application is made.
(3) On an application under sub-section (1), the
Magistrates' Court may make an order
prohibiting the person in respect of whom
20
the application is made from entering a
Games management area during all or part of
a Games period or test event period (as the
case requires) if the Court is satisfied on the
balance of probabilities that--
25
(a) the person was served with notice of
the application under sub-section (2);
and
(b) the person has received a direction
under section 56ZZA; and
30
(c) the person is likely to disrupt a
Commonwealth Games event.
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(4) The Magistrates' Court order must specify--
(a) the Games management area or part of
the area in respect of which the order is
made; and
(b) the Commonwealth Games event in
5
respect of which the order is made and
the period for which the order is in
force.
(5) A person to whom an order under this
section applies must not enter a Games
10
management area in contravention of that
order.
Penalty: 60 penalty units.
Division 3--Advertising
56ZZC. Prohibition of unauthorised advertising
15
(1) A person who is the owner, the occupier or
the holder of a lease or licence relating to a
building or structure within one kilometre of
a Games management area must not, during
a Games period, knowingly cause or
20
knowingly permit any advertising material to
be affixed to or placed on, or to remain on,
the building or structure except--
(a) with the authorisation of the Secretary
under Division 4; or
25
(b) otherwise in accordance with this Act.
Penalty: 1200 penalty units.
(2) Subject to sub-section (3), the Secretary may
obliterate or remove any advertising material
on a building or structure within one
30
kilometre of a Games management area in
contravention of sub-section (1).
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(3) In exercising the powers under sub-
section (2), the Secretary--
(a) must consult with the relevant
municipal council under the Local
Government Act 1989 before
5
exercising those powers; and
(b) may enter onto the land on which the
building or structure is located, but
must not enter the building or structure
without the consent of the owner,
10
occupier or holder of the lease or
licence relating to a building or
structure; and
(c) must cause as little damage as possible.
(4) Sub-section (1) does not apply if the
15
advertisement--
(a) complies with the requirements, as the
case requires--
(i) of the Planning and
Environment Act 1987; or
20
(ii) of the Local Government Act
1989; or
(b) has an area not exceeding 5 square
metres; or
(c) comprises a series of related
25
advertisements that, taken together,
have an area not exceeding 5 square
metres.
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Division 4--Authorisation of Certain Activities
by Secretary
56ZZD. Secretary may authorise certain activities
(1) The Secretary may authorise a specified
person to carry out an activity which
5
would otherwise be an offence against
section 56ZE, 56ZH, 56ZI, 56ZL, 56ZQ,
56ZR, 56ZT, 56ZU or 56ZZC or the
regulations if the Secretary is satisfied that
the carrying out of that activity is necessary
10
for or in connection with the conduct or
management of a Commonwealth Games
event.
(2) An authorisation under sub-section (1)--
(a) must be in writing; and
15
(b) must specify the person to whom it
applies; and
(c) is subject to the terms and conditions
which the Secretary considers
reasonable to impose in the
20
circumstances and which are specified
in the authorisation.
(3) Without limiting sub-section (2), an
authorisation may specify--
(a) the period during which the
25
authorisation applies; and
(b) the area to which the authorisation
applies.
56ZZE. Secretary may revoke authorisation
The Secretary may at any time and at the
30
Secretary's discretion, revoke an
authorisation issued under section 56ZZD.
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56ZZF. Declaration of class of persons
(1) The Secretary, by declaration may authorise
a class of person or classes of persons to
carry out an activity which would otherwise
be an offence against section 56ZE, 56ZH,
5
56ZI, 56ZL, 56ZQ, 56ZR, 56ZT, 56ZU or
56ZZC or the regulations if the Secretary is
satisfied that the carrying out of that activity
is necessary for or in connection with the
conduct or management of a Commonwealth
10
Games event.
(2) A declaration under sub-section (1)--
(a) must specify the class of person or
classes of persons to whom the
authorisation applies;
15
(b) must specify the terms and conditions
(if any) to which the authorisation is
subject;
(c) may specify--
(i) the period during which the
20
authorisation applies; and
(ii) the area to which the authorisation
applies;
(d) may be of general or limited
application;
25
(e) may differ according to differences in
time, place or circumstance.
(3) A declaration under sub-section (1) must be
published in the Government Gazette.
(4) The Secretary may revoke or amend a
30
declaration made under this section by notice
published in the Government Gazette.
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Division 5--Authorisation of certain activities
by the Corporation
56ZZG. Corporation may authorise certain
activities
(1) Subject to sub-section (2), the Corporation
5
may authorise a person to carry out an
activity during a Games period or a test
event which would otherwise be an offence
against section 56ZE, 56ZF, 56ZH, 56ZM,
56ZN, 56ZO, 56ZP, 56ZS or 56ZT.
10
(2) The Corporation must not give an
authorisation under sub-section (1) if, in the
opinion of the Corporation, the carrying out
of that activity would adversely affect--
(a) the organisation or conduct of the
15
Commonwealth Games or a
Commonwealth Games event; or
(b) any commercial arrangements relating
to the Commonwealth Games or a
Commonwealth Games event.
20
(3) An authorisation under this Division must be
in writing.
56ZZH. Application for authorisation under this
Division
An application for an authorisation by the
25
Corporation under this Division must be
made in the manner and form determined by
the Corporation.
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56ZZI. What can an authorisation under this
Division contain?
An authorisation by the Corporation under
this Division is subject to any terms and
conditions which the Corporation believes
5
are reasonable to impose including but not
limited to--
(a) the duration of the authorisation during
a Games period to which it applies;
(b) whether the authorisation applies
10
generally or in specified circumstances;
(c) whether the authorisation applies to a
specified person or persons or to a
specified class or classes of person;
(d) whether the authorisation applies to a
15
specified type of activity or to a
specified class or classes of activity.
Division 6--Authorisations Under Divisions 4
and 5
56ZZJ. Offence to fail to comply with terms and
20
conditions
A person to whom an authorisation under
Division 4 or 5 applies, or who belongs to a
class in respect of which an authorisation
under Division 4 or 5 applies, must not
25
contravene a term or condition of the
relevant authorisation.
Penalty: 20 penalty units.
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56ZZK. Production of authorisation
(1) An authorised officer or a member of the
police force may direct a person to whom an
authorisation under Division 4 or 5 applies,
or who belongs to a class in respect of which
5
an authorisation under Division 4 or 5
applies, to produce for inspection that
authorisation or evidence of that person's
authorisation--
(a) immediately; or
10
(b) within 7 days at a place determined by
the authorised officer or the member of
the police force.
(2) A person must comply with a direction under
this section.
15
Penalty: 5 penalty units.'.
__________________
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PART 5--AUTHORISED OFFICERS AND OTHER
ENFORCEMENT MATTERS
23. New Divisions 1 to 4 of Part 6 inserted
In Part 6 of the Principal Act, before section 57
insert--
5
'Division 1--Authorised Officers
57AA. Appointment of authorised officers
(1) The Secretary, after consultation with the
Chief Commissioner of Police, may appoint
a person to be an authorised officer if--
10
(a) the person holds under Part IIA of the
Private Agents Act 1966--
(i) a security guard's licence; or
(ii) a crowd controller's licence; or
(b) on and from the commencement of
15
section 3 of the Private Security Act
2004, the person holds under the
Private Security Act 2004 a private
security individual operator licence that
authorises that person to act as a
20
security guard or a crowd controller; or
(c) the person is a person who the
Secretary believes has the appropriate
skills, knowledge or experience to be
appointed as an authorised officer; or
25
(d) the person is a member of a class of
person appropriate to be appointed as
an authorised officer.
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(2) An appointment under sub-section (1)--
(a) must be in writing; and
(b) must specify the terms and conditions
on which the person is appointed; and
(c) may specify particular Games
5
management areas in which the person
may exercise powers, functions or
duties as an authorised officer.
(3) The Secretary may require an authorised
officer appointed under this section to
10
undertake specified training before
exercising any powers, functions or duties
under this Act.
57AB. Identification of authorised officers
(1) The Secretary must issue to each person
15
appointed as an authorised officer an identity
card that--
(a) contains a photograph of the person;
and
(b) states the full name of the person to
20
whom it is issued; and
(c) states that the person is an authorised
officer for the purposes of this Act.
(2) An authorised officer must produce his or
her identity card for inspection at any time
25
during the exercise of a power under this Act
or the regulations, if asked to do so.
(3) If a person appointed to be an authorised
officer proposes to exercise the functions of
an authorised officer and fails to produce on
30
demand his or her identity card, the person is
not authorised to exercise those functions in
relation to the person making the demand.
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(4) In any proceedings under this Act, an
identity card purporting to be issued to a
person by the Secretary under this Division
is evidence of the appointment of that person
as an authorised officer.
5
57AC. Offence to hinder or obstruct authorised
officer
A person must not obstruct or hinder an
authorised officer in the exercise of his or
her powers, functions or duties under this
10
Act or the regulations.
Penalty: 60 penalty units.
57AD. Offence to impersonate authorised officer
A person must not impersonate an authorised
officer.
15
Penalty: 60 penalty units.
57AE. Monitoring
The Secretary must ensure that an
appropriate system is in place to monitor the
exercise of powers, duties and functions of
20
authorised officers under this Act.
57AF. Delegation under this Part by Secretary
The Secretary, in writing, may delegate any
of the powers conferred on the Secretary
under this Part, other than this power of
25
delegation, to a person employed under
Part 3 of the Public Administration Act
2004 as an executive within the meaning of
that Act.
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Division 2--Powers of Authorised Officers
57AG. Power to require name and address
(1) An authorised officer may require a person
to give his or her name and address to the
authorised officer if the authorised officer
5
believes on reasonable grounds that the
person has committed an offence against
section 56ZG, 56ZK, 56ZL, 56ZM, 56ZN,
56ZO, 56ZP or 56ZQ or an offence against
the regulations.
10
(2) Before requiring a person to state his or her
name and address, an authorised officer
must--
(a) produce his or her identity card; and
(b) inform the person that the authorised
15
officer believes that the person has
committed an offence against
section 56ZG, 56ZK, 56ZL, 56ZM,
56ZN, 56ZO, 56ZP or 56ZQ or an
offence against the regulations (as the
20
case requires); and
(c) inform the person that it is an offence
against this Act--
(i) to fail or refuse to give his or her
name and address to an authorised
25
officer when directed to do so; or
(ii) to give a false or misleading name
and address to an authorised
officer.
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57AH. Refusal to give name and address
A person in a Games management area must
not--
(a) fail or refuse to give his or her name
and address to an authorised officer
5
when required to do so under
section 57AG; or
(b) give a false or misleading name and
address to an authorised officer when
required to give his or her name and
10
address under section 57AG.
Penalty: 5 penalty units.
57AI. Inspection--ticketed venues
(1) An authorised officer or a member of the
police force may--
15
(a) request a person to produce and open
for inspection any bag, basket, or other
receptacle that the person intends to
take into or has in a ticketed venue;
(b) request a person who intends to enter or
20
has entered a ticketed venue to turn out
that person's pockets;
(c) request a person who intends to enter or
has entered a ticketed venue--
(i) to walk through screening
25
equipment;
(ii) to allow an authorised officer or a
member of the police force to pass
hand-held screening equipment
over or around the person or
30
around things in the person's
possession;
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(iii) to allow things in the person's
possession to pass through
screening equipment or to be
examined by x-ray.
(2) An authorised officer or a member of the
5
police force may direct a person not to enter
a ticketed venue if the person refuses to
comply with a request made under sub-
section (1).
(3) An authorised officer or a member of the
10
police force may direct a person who is in a
ticketed venue and who refuses to comply
with a request under sub-section (1)--
(a) to leave the ticketed venue; and
(b) not re-enter the ticketed venue for a
15
period of 24 hours.
(4) A person must not, contrary to a direction
given by an authorised officer or a member
of the police force under this section--
(a) enter, re-enter or remain in a ticketed
20
venue; or
(b) attempt to enter, re-enter or remain in a
ticketed venue.
Penalty: 20 penalty units.
(5) In this section--
25
"screening equipment" means a metal
detector or similar device for detecting
objects or particular substances.
(6) Nothing in this section affects the operation
of section 8G or 10 of the Control of
30
Weapons Act 1990.
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Division 3--Miscellaneous Enforcement
Matters
57AJ. Infringement notices
Schedule 5 has effect.
57AK. Police may use reasonable force to remove
5
person
(1) A member of the police force, using no more
force than is reasonably necessary, may--
(a) prevent a person from entering or
attempting to enter a Games
10
management area contrary to a
direction under section 56ZV(2),
56ZZA or 57AI;
(b) remove a person from a Games
management area after the person has
15
refused to comply with a direction
under section 56ZV(2), 56ZZA or
57AI;
(c) prevent a person from re-entering or
attempting to re-enter a Games
20
management area contrary to a
direction under section 56ZV(2),
56ZZA or 57AI.
(2) Nothing in this section limits any powers of
arrest that a member of the police force has
25
under any other law.
(3) Any action taken under this section does not
prevent the institution of proceedings in
respect of an offence.
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Division 4--Miscellaneous
57AL. No compensation
No compensation is payable in respect of any
loss, damage or injury, other than the death
of, or personal or bodily injury to, a person,
5
resulting from or arising out of any act or
omission done in good faith by any person in
the administration or purported
administration of this Act or the regulations
in relation to the management and conduct
10
of--
(a) the Commonwealth Games; or
(b) any Commonwealth Games event or
any associated event, activity or
program; or
15
(c) any activity associated with or ancillary
to the Commonwealth Games, a
Commonwealth Games event or an
associated event, activity or program.'.
24. New Schedule 5 inserted
20
After Schedule 4 to the Principal Act insert--
'__________________
SCHEDULE 5
INFRINGEMENT NOTICES
25 1. Power to serve infringement notice
(1) An authorised officer or a member of the police
force may serve an infringement notice on a
person who the authorised officer or a member
of the police force (as the case requires) has
30 reason to believe has committed an offence
against section 56ZG, 56ZK, 56ZL, 56ZM,
56ZN, 56ZO, 56ZP or 56ZQ or an offence
against the regulations.
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(2) An infringement notice may be served--
(a) by personally serving the infringement
notice on the alleged offender; or
(b) by sending the infringement notice by
5 post addressed to the alleged offender's
latest known address.
2. Form of notice
An infringement notice must state--
(a) the following details--
10 (i) the date of the notice;
(ii) the provision of section 56ZG,
56ZK, 56ZL, 56ZM, 56ZN, 56ZO,
56ZP or 56ZQ or the regulations
(as the case requires) that creates
15 the offence;
(iii) the nature, and a brief description,
of the alleged offence;
(iv) the date, time and place of the
alleged offence;
20 (v) the manner in which the
infringement penalty may be paid;
and
(b) the infringement penalty fixed for the
offence; and
25 (c) that if the amount of the penalty is
tendered at the place referred to in the
notice, the matter will not be brought
before the Magistrates' Court unless the
notice is withdrawn before the end of the
30 period specified in the notice as the time
for payment of the penalty; and
(d) that the person is entitled to disregard the
notice and defend any proceedings in
respect of the alleged offence in the
35 Magistrates' Court.
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3. Withdrawal of infringement notice
(1) An authorised officer or a member of the police
force may withdraw an infringement notice at
any time within 28 days after the notice is
5 served by serving a withdrawal notice on the
alleged offender.
(2) An infringement notice may be withdrawn even
if the appropriate penalty has been paid.
(3) If a notice of withdrawal is served, the amount
10 of any infringement penalty paid must be
refunded and the Consolidated Fund is, to the
necessary extent, appropriated accordingly.
4. Infringement penalty
The infringement penalty for an offence against
15 section 56ZG, 56ZK, 56ZL, 56ZM, 56ZN,
56ZO, 56ZP or 56ZQ or the regulations (as the
case requires) is 2 penalty units.
5. Payment of penalty
(1) If the person pays the penalty shown on the
20 infringement notice within the time shown in
the notice or, if an authorised officer or a
member of the police force allows, at any time
before the service of the summons in respect of
the offence--
25 (a) further proceedings may not be taken in
respect of the offence; and
(b) no conviction is to be recorded against
the person for the offence.
(2) A penalty paid under this section must be
30 applied as if the offender had been convicted of
the offence in the Magistrates' Court on a
charge filed by the authorised officer or a
member of the police force who served the
infringement notice.
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Part 5--Authorised Officers and Other Enforcement Matters
s. 24
6. Infringement notice not to prejudice further
proceedings
(1) If--
(a) a person served with an infringement
5 notice has not paid the penalty within the
time specified in the infringement notice;
or
(b) an infringement notice is withdrawn--
proceedings may still be taken or continued for
10 the alleged offence.
(2) If proceedings have been taken or continued for
an alleged offence because the person has not
paid the penalty specified in the infringement
notice and a conviction is imposed by the
15 Magistrates' Court, the conviction must not be
taken to be a conviction for any purpose except
in relation to--
(a) the making of the conviction itself; and
(b) subsequent proceedings which may be
20 taken in respect of the conviction itself,
including proceedings by way of appeal.
7. Enforcement of infringement penalty
Payment of the infringement penalty may be
enforced in accordance with Part 2 of
25 Schedule 7 to the Magistrates' Court Act
1989 if--
(a) the infringement notice is an
infringement notice within the meaning
of Schedule 7 to that Act; and
30 (b) the infringement penalty has not been
paid within the time specified in the
infringement notice; and
(c) the infringement notice has not been
withdrawn; and
35 (d) proceedings have not been taken under
clause 6.'.
__________________
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Act No.
Part 6--Other Amendments
s. 25
PART 6--OTHER AMENDMENTS
25. Regulations
(1) After section 57(1)(b) of the Principal Act
insert--
"(ba) the care, control, management and use of a
5
Games management area;
(bb) prohibiting or regulating any activity in a
Games management area;
(bc) regulating the behaviour of persons in a
Games management area to ensure public
10
safety, good order and decency;
(bd) prohibiting or regulating the entry or
admission of persons to a Games
management area, including the banning of
persons from a Games management area;
15
(be) prohibiting or regulating the driving, parking
or leaving parked of vehicles within a Games
management area;
(bf) prescribing powers and functions or classes
of powers and functions for the purposes of
20
section 28AA, including, but not limited to,
prescribing powers and functions or classes
of powers and functions in respect of specific
land or specific classes of land;
(bg) prescribing penalties not exceeding
25
20 penalty units for a contravention of the
regulations;".
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Part 6--Other Amendments
s. 26
(2) In section 57(3) of the Principal Act--
(a) in paragraph (b), for "circumstance."
substitute "circumstance;";
(b) after paragraph (b) insert--
"(c) may confer a discretionary authority or
5
impose a duty on a specified person or
class of persons;
(d) may leave any matter or thing to be
from time to time determined, approved
or dispensed with by the Secretary;
10
(e) may exempt specified persons or
classes of persons from complying with
all or any of the regulations;
(f) may apply, adopt or incorporate any
matter contained in any document,
15
code, standard, rule, specification or
method, formulated, issued, prescribed
or published by any other person,
whether--
(i) wholly or partially or as amended
20
by the regulations; or
(ii) as formulated, issued, prescribed
or published at the time the
regulations are made or at any
time before then; or
25
(iii) as formulated, issued, prescribed
or published from time to time.".
26. Offences by corporation and partnerships etc.
In section 56ZB of the Principal Act, for "Part"
(wherever occurring) substitute "Act".
30
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Act No.
Part 6--Other Amendments
s. 27
27. Expiry
(1) For section 58(1A) of the Principal Act
substitute--
"(1A) Parts 1A, 1B, 3A, 5AA, 5A and 5B of this
Act and Schedules 2, 3, 4 and 5 to this Act
5
expire on 31 December 2006.".
(2) After section 58(2) of the Principal Act insert--
"(3) The following Acts expire on 31 December
2006--
(a) the Commonwealth Games
10
Arrangements (Amendment) Act
2003;
(b) the Commonwealth Games
Arrangements (Governance) Act
2003;
15
(c) the Commonwealth Games
Arrangements (Further Amendment)
Act 2004;
(d) the Commonwealth Games
Arrangements (Miscellaneous
20
Amendments) Act 2005.".
28. Statute law revision
In section 4H of the Principal Act, for "chief
executive officer," substitute "chief executive
officer or".
25
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Amendments) Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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