MAJOR EVENTS (AERIAL ADVERTISING) BILL 2007

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MAJOR EVENTS (AERIAL ADVERTISING) BILL 2007

PARLIAMENT OF VICTORIA Major Events (Aerial Advertising) Bill 2007 TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1 Purpose 1 2 Commencement 1 3 Definitions 2 PART 2--EVENTS AND VENUES 9 4 Event Orders 9 5 Variation Orders 10 6 Date Order takes effect 11 7 Orders to be presented to Parliament 11 8 Orders in respect of land 11 9 Amendment and revocation of Orders 11 PART 3--CONTROL OF AERIAL ADVERTISING 13 10 Offence to display unauthorised aerial advertising 13 11 Application for aerial advertising authorisation 14 12 Secretary may authorise aerial advertising 14 13 Content of aerial advertising authorisation 15 14 Notification of aerial advertising authorisations 15 15 Delegation under this Part by Secretary 16 PART 4--REMEDIES 17 16 Injunctions to restrain conduct 17 17 Power to rescind or vary injunctions 18 18 Action for damages 18 PART 5--ENFORCEMENT 20 Division 1--Authorised officers 20 19 Appointment of authorised officers 20 20 Specified training 20 21 Identification of authorised officers 21 22 Delegation 21 561033B.I-27/2/2007 i BILL LA INTRODUCTION 27/2/2007

Clause Page Division 2--Inspection powers 22 23 Search warrant 22 24 Announcement before entry 24 25 Copy of warrant to be given to occupier 24 26 Seizure of things not mentioned in the warrant 25 27 Receipt must be given for any thing seized 25 28 Copies of certain seized things to be given 26 29 Use of equipment to examine or process things 27 30 Use or seizure of electronic equipment at premises 27 31 Return of seized things 29 32 Court may extend period 29 33 Power of authorised officer to require information or documents 30 34 False or misleading information 30 35 Protection against self-incrimination 31 36 Offence to hinder or obstruct authorised officer 31 37 Offence to hold oneself out to be authorised officer 31 38 Entry to be reported to the Secretary 31 39 Register of exercise of powers of entry 32 40 Complaints 32 41 Disclosure of information 32 PART 6--GENERAL 34 42 Service of documents 34 43 Who can bring proceedings for offences? 34 44 Offences by bodies corporate 35 45 Conduct by officers, employees or agents 35 46 Actions by firms 37 47 Regulations 37 PART 7--AMENDMENTS TO OTHER ACTS 39 48 Amendment of Magistrates' Court Act 1989 39 68 Major Events (Aerial Advertising) Act 2007 39 49 New section 69A inserted--World Swimming Championships Act 2004 39 69A Major Events (Aerial Advertising) Act 2007 does not apply 39 ENDNOTES 40 INDEX 41 561033B.I-27/2/2007 ii BILL LA INTRODUCTION 27/2/2007

PARLIAMENT OF VICTORIA Introduced in the Assembly Major Events (Aerial Advertising) Bill 2007 A Bill for an Act to provide for the regulation, management and control of aerial advertising at major events in Victoria, to consequentially amend other Acts and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purpose The main purpose of this Act is to provide for the regulation, management and control of aerial 5 advertising at major events in Victoria. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 561033B.I-27/2/2007 1 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 1--Preliminary s. 3 3 Definitions In this Act-- advertising means any form of communication (including selling or giving away any goods 5 or services) made to the public or a section of the public in relation to any-- (a) goods or services; (b) brand of goods or services; (c) person who provides goods or services; 10 aerial advertising includes-- (a) skywriting or sign writing by an aircraft; (b) a banner or other sign towed by or attached to an aircraft; 15 (c) matter displayed on an aircraft, other than its normal markings and livery identifying the operator of that aircraft or the manufacturer of that aircraft; (d) matter displayed on-- 20 (i) a hang glider, parachute, paraglider or similar device, other than its normal markings; or (ii) a banner or sign attached to a hang glider, parachute, paraglider or 25 similar device; (e) a banner or sign attached to a person suspended from a hang glider, parachute, paraglider or similar device; (f) any laser or digital projection of 30 advertising; 561033B.I-27/2/2007 2 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 1--Preliminary s. 3 aerial advertising authorisation means an authorisation given under section 12; AFL Grand Final means the Australian Football League Grand Final; 5 aircraft includes an airship, a blimp, a hot-air balloon, a helicopter or an ultra-light aircraft; Australian Formula One Grand Prix has the same meaning as "Formula One event" has in the Australian Grands Prix Act 1994; 10 Australian Grand Prix Corporation means the Australian Grand Prix Corporation established by the Australian Grands Prix Act 1994; Australian Motorcycle Grand Prix has the same 15 meaning as "Australian Motorcycle Grand Prix event" has in the Australian Grands Prix Act 1994; Australian Open Tennis championships means the Grand Slam tennis championships 20 conducted annually by Tennis Australia in Melbourne; authorised officer means a person appointed as an authorised officer under Division 1 of Part 5; Boxing Day cricket test means the cricket test 25 match held at the MCG commencing on 26 December in each year; Caulfield Cup Day means the third Saturday before Melbourne Cup Day; Caulfield Racecourse means the land described in 30 Item 2 of Schedule 2 to the Racing Act 1958; Cox Plate Day means the second Saturday before Melbourne Cup Day; event Order means an order made under section 4; 561033B.I-27/2/2007 3 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 1--Preliminary s. 3 event organiser means-- (a) in relation to the Boxing Day cricket test, Cricket Australia ABN 53 006 089 130; 5 (b) in relation to the Australian Open Tennis Championships, Tennis Australia ABN 61 006 281 125; (c) in relation to the Australian Formula One Grand Prix, the Australian Grand 10 Prix Corporation; (d) in relation to the Australian Motor Cycle Grand Prix, the Australian Grand Prix Corporation; (e) in relation to the AFL Grand Final, the 15 Australian Football League ABN 97 489 912 318; (f) in relation to Caulfield Cup Day, the Melbourne Racing Club ABN 96 267 203 634; 20 (g) in relation to Cox Plate Day, the Moonee Valley Racing Club ABN 45 806 588 917; (h) in relation to the Melbourne Cup Carnival, the Victoria Racing Club 25 Limited ACN 119 214 078; (i) in relation to an event to which an event Order applies, the person or body specified in that Order; firm means a partnership or other unincorporated 30 body but does not include a trust; Flemington Racecourse means the land described in Item 4 of Schedule 2 to the Racing Act 1958; 561033B.I-27/2/2007 4 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 1--Preliminary s. 3 MCG means the "Ground" within the meaning of the Melbourne Cricket Ground Act 1933; Melbourne Cup Carnival means the event that consists of the following race meetings-- 5 (a) Victoria Derby Day; (b) Melbourne Cup Day; (c) Oaks Day; (d) Stakes Day; Melbourne Cup Day means the first Tuesday in 10 November; Melbourne Park has the same meaning as it has in the Melbourne and Olympic Parks Act 1985; Moonee Valley Racecourse means the land 15 described in Item 7 of Schedule 2 to the Racing Act 1958; Oaks Day means the first Thursday after Melbourne Cup Day; person includes a firm; 20 Phillip Island Grand Prix Circuit has the same meaning as it has in the Australian Grands Prix Act 1994; Secretary means the person who for the time being is the Department Head under the 25 Public Administration Act 2004 of the Department for Victorian Communities; specified event means-- (a) the Boxing Day cricket test; (b) the Australian Open Tennis 30 Championships; (c) the Australian Formula One Grand Prix; 561033B.I-27/2/2007 5 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 1--Preliminary s. 3 (d) the Australian Motorcycle Grand Prix; (e) the AFL Grand Final; (f) Caulfield Cup Day; (g) Cox Plate Day; 5 (h) the Melbourne Cup Carnival; (i) an event to which an event Order applies; specified time means-- (a) in relation to the Boxing Day cricket 10 test, from 9.00 a.m. until 7.00 p.m. on each day of that event; (b) in relation to the Australian Open Tennis Championships, from 9.00 a.m. until midnight on each day of that 15 event; (c) in relation to the Australian Formula One Grand Prix, from the later of-- (i) the opening time fixed by regulations made under the 20 Australian Grands Prix Act 1994; or (ii) 9.00 a.m.-- on each day of that event until the closing time fixed by regulations made 25 under that Act; (d) in relation to the Australian Motor Cycle Grand Prix, from 9.00 a.m. until 7.00 p.m. on each day of that event; (e) in relation to the AFL Grand Final, 30 from 9.00 a.m. until 7.00 p.m. on the day of that event; 561033B.I-27/2/2007 6 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 1--Preliminary s. 3 (f) in relation to Caulfield Cup Day, from 2 hours before the advertised starting time of the first race until 2 hours after the actual starting time of the last race 5 on the day of that event; (g) in relation to Cox Plate Day, from 2 hours before the advertised starting time of the first race until 2 hours after the actual starting time of the last race 10 on the day of that event; (h) in relation to the Melbourne Cup Carnival, from 2 hours before the advertised starting time of the first race until 2 hours after the actual starting 15 time of the last race on each day of that event; (i) in relation to an event to which an event Order applies, the starting time and the finishing time specified in that Order; 20 specified venue means-- (a) in relation to the Boxing Day cricket test, the MCG; (b) in relation to the AFL Grand Final, the MCG; 25 (c) in relation to the Australian Open Tennis Championships, Melbourne Park; (d) in relation to the Australian Formula One Grand Prix, the area declared by 30 notice under section 27 of the Australian Grands Prix Act 1994 in respect of the year specified in that notice; 561033B.I-27/2/2007 7 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 1--Preliminary s. 3 (e) in relation to the Australian Motor Cycle Grand Prix, the Phillip Island Grand Prix Circuit; (f) in relation to Caulfield Cup Day, the 5 Caulfield Racecourse; (g) in relation to Cox Plate Day, the Moonee Valley Racecourse; (h) in relation to the Melbourne Cup Carnival, the Flemington Racecourse; 10 (i) in relation to an event to which an event Order applies, the venue specified in that Order; Stakes Day means the first Saturday after Melbourne Cup Day; 15 variation Order means an order made under section 5; Victoria Derby Day means the first Saturday before Melbourne Cup Day. __________________ 561033B.I-27/2/2007 8 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 2--Events and Venues s. 4 PART 2--EVENTS AND VENUES 4 Event Orders (1) The Governor in Council, on the recommendation of the Minister, by Order published in the 5 Government Gazette may declare an event to be a specified event for the purposes of this Act. (2) Before making a recommendation under subsection (1), the Minister-- (a) must be satisfied that-- 10 (i) the event is a major event at the international or national level; and (ii) the event has commercial arrangements that are likely to be adversely affected by unauthorised aerial advertising; and 15 (iii) the operations of the event are likely to be adversely affected by unauthorised aerial advertising; and (b) must have regard to-- (i) the size of the event; and 20 (ii) the likely media coverage of the event; and (iii) the projected economic impact of the event; and (iv) the contribution to Victoria's 25 international profile as a host of major events. (3) An event Order must specify-- (a) the date on which the event is to be conducted; 30 (b) the venue where the event is to be conducted; 561033B.I-27/2/2007 9 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 2--Events and Venues s. 5 (c) the time in respect of each day of the event when this Act applies; (d) the event organiser in relation to the specified event. 5 Note Under section 37(c) of the Interpretation of Legislation Act 1984, words in the singular include the plural. 5 Variation Orders (1) The Governor in Council, on the recommendation 10 of the Minister, by Order published in the Government Gazette may, for the purposes of this Act, change-- (a) the specified venue in relation to a specified event; 15 (b) the specified time in relation to a specified event; (c) the event organiser in relation to a specified event; (d) a combination of the matters referred to in 20 paragraphs (a) to (c). (2) A variation Order must specify whether the change specified in the Order is ongoing or, if the change is for a limited period, the specific dates on which the change applies. 25 (3) A variation Order which changes a specified venue in relation to a specified event must state the new venue in relation to the specified event. (4) A variation Order which changes the specified time in relation to a specified event must state the 30 new specified time in relation to each day of the specified event. 561033B.I-27/2/2007 10 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 2--Events and Venues s. 6 (5) A variation Order which changes the event organiser in relation to a specified event must state the new event organiser in relation to the specified event. 5 6 Date Order takes effect An Order under this Part takes effect-- (a) on the date that the Order is published in the Government Gazette; or (b) if a later date is specified in the Order, on 10 that later date. 7 Orders to be presented to Parliament The Minister must cause an Order made under this Part to be presented to each House of Parliament within 7 sitting days of that House after the Order 15 is published in the Government Gazette. 8 Orders in respect of land (1) Without limiting the use of any other means to describe land, an Order under this Part may describe land by reference to a plan of survey 20 attached to the Order or lodged in the Central Plan Office established under the Survey Co-ordination Act 1958. (2) If a proposed specified venue or any part of a proposed specified venue is land which is reserved 25 or deemed to be reserved under the Crown Land (Reserves) Act 1978, the Minister must consult with the Minister administering that Act before making a recommendation under section 4 or 5 in respect of that land. 30 9 Amendment and revocation of Orders (1) The Governor in Council, by Order published in the Government Gazette, may amend or revoke an Order made under this Part. 561033B.I-27/2/2007 11 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 2--Events and Venues s. 9 (2) This Part applies to the amendment of an Order made under this Part in the same way as it does to the making of an Order. (3) This Part, except for section 4(2), applies to the 5 revocation of an Order made under this Part in the same way as it does to the making of an Order. __________________ 561033B.I-27/2/2007 12 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 3--Control of Aerial Advertising s. 10 PART 3--CONTROL OF AERIAL ADVERTISING 10 Offence to display unauthorised aerial advertising (1) During the specified time in relation to a specified event, a person must not display commercial 5 aerial advertising, or cause commercial aerial advertising to be displayed, without an aerial advertising authorisation if-- (a) that advertising is within sight of the specified venue where the specified event is 10 being conducted; and (b) that advertising is displayed in such a manner that the content can be seen by the human eye without the aid of optical apparatus other than contact lenses or 15 spectacles. Penalty: 400 penalty units, in the case of a natural person; 2400 penalty units, in the case of a body corporate. 20 (2) Subsection (1) does not apply to a person who flies an aircraft within sight of a specified venue during the specified time in relation to a specified event being conducted at that venue-- (a) in an emergency; or 25 (b) if the aircraft is used for, or in, the provision of emergency services; or (c) for the purposes of gathering information for the reporting of news and the presentation of current affairs. 30 (3) Despite subsection (1), a person does not commit an offence against that subsection if the person has an aerial advertising authorisation for another specified event at another specified venue and the 561033B.I-27/2/2007 13 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 3--Control of Aerial Advertising s. 11 person carries out the activity referred to in subsection (1) in the course of conducting an activity authorised by that aerial advertising authorisation. 5 11 Application for aerial advertising authorisation An application for an aerial advertising authorisation must be made in the manner and form determined by the Secretary. 12 Secretary may authorise aerial advertising 10 (1) Subject to subsections (2) and (3), the Secretary may authorise a person to display commercial aerial advertising, or cause commercial aerial advertising to be displayed-- (a) within sight of the specified venue where the 15 specified event is being conducted; and (b) in such a manner that the content can be seen by the human eye without the aid of optical apparatus other than contact lenses or spectacles. 20 (2) The Secretary must not give an aerial advertising authorisation if, in the opinion of the Secretary, the display of aerial advertising would adversely affect-- (a) the organisation or conduct of the relevant 25 specified event; or (b) any other commercial arrangements relating to the relevant specified event; or (c) in the case of a specified event conducted annually, the future conduct of that event. 30 (3) The Secretary must not give an aerial advertising authorisation unless the Secretary has first consulted with the event organiser. 561033B.I-27/2/2007 14 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 3--Control of Aerial Advertising s. 13 13 Content of aerial advertising authorisation (1) An aerial advertising authorisation must be in writing. (2) An aerial advertising authorisation is subject to 5 any terms and conditions which the Secretary believes are reasonable to impose including but not limited to-- (a) the duration of the aerial advertising authorisation; 10 (b) whether the aerial advertising authorisation applies generally or in specified circumstances; (c) whether the aerial advertising authorisation applies to a specified person or persons or to 15 a specified class or classes of person; (d) whether the aerial advertising authorisation applies to a specified type of advertising or to a specified class or classes of advertising. 14 Notification of aerial advertising authorisations 20 (1) If the Secretary gives an aerial advertising authorisation, the Secretary must cause the event organiser of the specified event to which the authorisation relates to be notified of that authorisation. 25 (2) If the Secretary delegates a power of the Secretary under this Part to a person referred to in section 15(b) who is the event organiser and that person gives an aerial advertising authorisation to any person, the event organiser must cause the 30 Secretary to be notified of that aerial advertising authorisation. 561033B.I-27/2/2007 15 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 3--Control of Aerial Advertising s. 15 15 Delegation under this Part by Secretary The Secretary, in writing, may delegate any of the powers of the Secretary under this Part, other than this power of delegation, to-- 5 (a) a person employed under Part 3 of the Public Administration Act 2004 as an executive within the meaning of that Act; or (b) a body corporate established under an Act for a public purpose. __________________ 561033B.I-27/2/2007 16 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 4--Remedies s. 16 PART 4--REMEDIES 16 Injunctions to restrain conduct (1) The Minister, Secretary or an event organiser may apply to the Supreme Court, County Court or 5 Magistrates' Court for the grant of an injunction restraining a person from engaging in conduct that constitutes-- (a) a contravention of section 10; or (b) attempting or conspiring to contravene 10 section 10; or (c) aiding, abetting, counselling or procuring a person to contravene section 10; or (d) inducing or attempting to induce a person, whether by threats, promises or otherwise, to 15 contravene section 10; or (e) being in any way directly or indirectly, knowingly concerned in, or party to, the contravention by a person of section 10. (2) On an application under subsection (1), the court 20 may grant an injunction restraining a person from engaging in conduct of the kind referred to in paragraphs (a) to (e) of subsection (1)-- (a) if the court is satisfied that the person is engaging in or has been engaging in conduct 25 of that kind, whether or not it appears to the court that the person intends to engage again or continue to engage in the conduct; or (b) if it appears to the court that, in the event that the injunction is not granted, it is likely that 30 the person will engage in conduct of that kind, whether or not that person has previously engaged in conduct of that kind and whether or not there is an imminent 561033B.I-27/2/2007 17 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 4--Remedies s. 17 danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind; or (c) if the court determines it to be appropriate, 5 by consent of all the parties to the proceeding, whether or not the person has engaged in, or is likely to engage in, conduct of that kind. (3) Pending the determination of an application under 10 this section, the court may grant an interim injunction if, in the opinion of the court, it is desirable to do so-- (a) whether or not it appears to the court that the person intends to engage in or continue to 15 engage in conduct of the kind referred to in paragraphs (a) to (e) of subsection (1); or (b) whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of 20 substantial damage to any person if the first- mentioned person engages in conduct of that kind. 17 Power to rescind or vary injunctions A court may rescind or vary an injunction granted 25 by it under section 16. 18 Action for damages (1) If any person suffers any loss, injury or damage because of a contravention of section 10, the person may recover the amount of the loss, injury 30 or damage, or damages in respect of the loss, injury or damage, by proceeding against one or more of the following-- (a) a person who has aided, abetted, counselled or procured the contravention; 561033B.I-27/2/2007 18 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 4--Remedies s. 18 (b) a person who has induced, whether by threats or promises or otherwise, the contravention; (c) a person who has been in any way, directly 5 or indirectly, knowingly concerned in or party to, the contravention; (d) a person who has conspired with others to effect the contravention. (2) Without limiting the powers of the court under 10 subsection (1), an order made by the court under this section may include the recovery of future losses as a result of the potential loss of sponsorship of an event. (3) A proceeding under this section may be brought in 15 any court of competent jurisdiction. (4) A proceeding under subsection (1) must not be commenced more than 3 years after the date on which the cause of action accrued. (5) A court may make an order under this section 20 whether or not an injunction is granted under section 16. __________________ 561033B.I-27/2/2007 19 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 5--Enforcement s. 19 PART 5--ENFORCEMENT Division 1--Authorised officers 19 Appointment of authorised officers (1) The Secretary may appoint a person to be an 5 authorised officer if the person-- (a) is a person who is employed under Part 3 of the Public Administration Act 2004; or (b) is a person who the Secretary believes has the appropriate skills, knowledge or 10 experience to be appointed as an authorised officer; or (c) is a member of a class of person that the Secretary considers appropriate to be appointed as an authorised officer. 15 (2) An appointment under subsection (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 specified events or 20 specified venues in which the person may exercise powers, functions or duties as an authorised officer. 20 Specified training The Secretary may require an authorised officer 25 appointed under this Division to undertake specified training before exercising any powers, functions or duties under this Act. 561033B.I-27/2/2007 20 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 5--Enforcement s. 21 21 Identification of authorised officers (1) The Secretary must issue to each person appointed as an authorised officer an identity card that-- (a) contains a photograph of the person; and 5 (b) states the full name of the person to 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 10 identity card for inspection at any time during the exercise of a power under this Act, if asked to do so. (3) If a person appointed to be an authorised officer proposes to exercise the functions of an authorised 15 officer and fails to produce on demand his or her identity card, the person is not authorised to exercise those functions in relation to the person making the demand. (4) In any proceedings under this Act, an identity card 20 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. 22 Delegation 25 The Secretary, in writing, may delegate any of his or her powers under this Division, other than this power of delegation, to-- (a) any person employed under Part 3 of the Public Administration Act 2004; 30 (b) a body corporate established under an Act for a public purpose. 561033B.I-27/2/2007 21 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 5--Enforcement s. 23 Division 2--Inspection powers 23 Search warrant (1) An authorised officer, with the written approval of the Secretary, may apply to a magistrate for the 5 issue of a search warrant in relation to particular premises, if the authorised officer believes on reasonable grounds that there is, or may be within the next 72 hours, on the premises a particular thing that may be evidence of the commission of 10 an offence against this Act. (2) If a magistrate is satisfied by the evidence, on oath or affidavit, of the authorised officer that there are reasonable grounds to believe that there is, or may be within the next 72 hours, on the premises a 15 particular thing that may be evidence of the commission of an offence against this Act, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising an authorised officer named in 20 the warrant and any other person named or otherwise identified in the warrant-- (a) to enter the premises specified in the warrant, if necessary by force; and (b) to do all or any of the following-- 25 (i) search for; (ii) seize; (iii) secure against interference-- a thing or things of a particular kind named or described in the warrant and which the 30 authorised officer believes, on reasonable grounds, to be connected with the alleged contravention; and 561033B.I-27/2/2007 22 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 5--Enforcement s. 23 (c) in the case of any document of a particular kind, named or described in the warrant, if the authorised officer believes, on reasonable grounds, that it is connected with the alleged 5 contravention, the authorised officer may do all or any of the following-- (i) require the document to be produced for inspection; (ii) examine, make copies of or take 10 extracts from the document, or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere; (iii) remove the document for so long as is 15 reasonably necessary to make copies of or take extracts from the document; and (d) make any still or moving image or audio- visual recording of any thing of a particular kind named or described in the warrant that 20 the authorised officer believes, on reasonable grounds, to be connected with the alleged contravention. (3) In addition to any other requirement, a search warrant issued under this section must-- 25 (a) specify the offence suspected; (b) specify the premises to be searched; (c) include a description of the thing for which the search is to be made; (d) specify any conditions to which the warrant 30 is subject; (e) state whether entry is authorised to be made at any time or during stated hours; 561033B.I-27/2/2007 23 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 5--Enforcement s. 24 (f) specify a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (4) A search warrant must be issued in accordance 5 with the Magistrates' Court Act 1989 and must be in the form prescribed by the regulations under that Act. (5) Subject to any provision to the contrary in this Act, the rules to be observed with respect to 10 search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section. 24 Announcement before entry (1) Before executing a search warrant, the authorised 15 officer named in the warrant must-- (a) announce that he or she is authorised by the warrant to enter the premises; and (b) give any person at the premises an opportunity to allow entry to the premises. 20 (2) The authorised officer need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure-- (a) the safety of any person; or 25 (b) that the effective execution of the search warrant is not frustrated. 25 Copy of warrant to be given to occupier If the occupier, or another person who apparently represents the occupier, is present at a premises 30 when a search warrant is being executed, the authorised officer must-- (a) identify himself or herself to that person by producing his or her identity card for inspection by that person; and 561033B.I-27/2/2007 24 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 5--Enforcement s. 26 (b) give to that person a copy of the execution copy of the warrant. 26 Seizure of things not mentioned in the warrant A search warrant issued under section 23 5 authorises an authorised officer executing the search warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize any thing which is not of the kind described in the warrant if-- 10 (a) the authorised officer believes, on reasonable grounds, that the thing-- (i) is of a kind which could have been included in a search warrant issued under section 23; and 15 (ii) will afford evidence about a contravention of section 10; and (b) in the case of seizure, the authorised officer believes, on reasonable grounds, that it is necessary to seize that thing in order to 20 prevent its concealment, loss or destruction or its use in the contravention of this Act. 27 Receipt must be given for any thing seized (1) An authorised officer must not seize a thing apparently in the possession or custody of a 25 person unless the authorised officer gives to the person a receipt for the thing seized that-- (a) identifies the thing seized and the reason why it is being seized; and (b) states the name of the authorised officer. 561033B.I-27/2/2007 25 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 5--Enforcement s. 28 (2) If an authorised officer is unable to discover the identity of-- (a) the lawful owner of a thing seized; or (b) the person from whose custody a thing is 5 seized-- the authorised officer must leave the receipt with, or post it to, the owner of the premises from which the thing was seized. 28 Copies of certain seized things to be given 10 (1) Subject to subsection (2), if an authorised officer seizes-- (a) a document; or (b) a thing that can be readily copied; or (c) a storage device containing information that 15 can be readily copied-- the authorised officer, as soon as is practicable after the seizure, must give a copy of the thing or information to-- (d) the owner; or 20 (e) the person from whom the document, thing or device was seized. (2) Subsection (1) does not apply-- (a) to any document, thing or device moved under section 29(2); or 25 (b) if the authorised officer is unable to discover the identity of the lawful owner or person from whom any document, thing or device is seized. 561033B.I-27/2/2007 26 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 5--Enforcement s. 29 29 Use of equipment to examine or process things (1) An authorised officer may bring on to any premises any equipment reasonably necessary for the examination or processing of things found at 5 the premises in order to determine whether they are things that may be seized. (2) If-- (a) it is not practicable to examine or process the things at the premises; or 10 (b) the occupier of the premises consents in writing-- the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that 15 may be seized. (3) An authorised officer may operate equipment already at the premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a 20 thing that may be seized, if the authorised officer believes on reasonable grounds that-- (a) the equipment is suitable for the examination or processing; and (b) the examination or processing can be carried 25 out without damage to the equipment or the thing. 30 Use or seizure of electronic equipment at premises (1) If-- (a) a thing found at a premises is or includes a 30 disk, tape or other information storage device; and (b) equipment at the premises may be used with the disk, tape or other information storage device; and 561033B.I-27/2/2007 27 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 5--Enforcement s. 30 (c) an authorised officer believes on reasonable grounds that the information stored on the disk, tape or other information storage device is relevant to determine whether this Act has 5 been contravened-- the authorised officer may operate, or may require the occupier or an employee of the occupier to operate, the equipment to access the information. (2) If an authorised officer finds that a disk, tape or 10 other information storage device at the premises contains information of the kind referred to in subsection (1)(c), the authorised officer-- (a) may put the information in documentary form and seize the documents so produced; 15 or (b) may copy the information to another disk, tape or other information storage device and remove that disk, tape or other information storage device from the premises; or 20 (c) if it is not practicable to put the information in documentary form or to copy the information, may seize the disk, tape or other information storage device and the equipment that enables the information to be 25 accessed. (3) An authorised officer must not operate or seize equipment for the purposes of this section unless the authorised officer believes on reasonable grounds that the operation or seizure of the 30 equipment can be carried out without damage to the equipment. 561033B.I-27/2/2007 28 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 5--Enforcement s. 31 31 Return of seized things (1) If an authorised officer seizes a thing under this Act, the authorised officer must take reasonable steps to return the thing to the person from whom 5 it was seized if the reason for its seizure no longer exists. (2) If a seized thing has not been returned within 3 months after it was seized, the authorised officer must take reasonable steps to return it unless 10 proceedings have commenced within that 3 month period and those proceedings (including any appeal) have not been completed. 32 Court may extend period (1) An authorised officer may apply to the 15 Magistrates' Court within 3 months after seizing a thing or, if an extension has been granted under this section, within that extended period, for an extension of the period during which the seized thing may be retained. 20 (2) The Magistrates' Court may order the extension of the period during which a seized thing may be retained if satisfied that retention of the thing is necessary-- (a) for the purposes of an investigation into 25 whether an offence has been committed; or (b) to enable evidence of an offence to be obtained for the purposes of a prosecution. (3) The Magistrates' Court may adjourn an application to enable notice of the application to 30 be given to any person. 561033B.I-27/2/2007 29 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 5--Enforcement s. 33 33 Power of authorised officer to require information or documents (1) An authorised officer who-- (a) exercises a power of entry under this Act; 5 and (b) produces his or her identity card for inspection by a person-- may, to the extent that it is reasonably necessary to determine whether this Act has been 10 contravened, require the person-- (c) to give information to the authorised officer; and (d) to produce documents to the authorised officer; and 15 (e) to give reasonable assistance to the authorised officer. (2) A person must not refuse or fail, without reasonable excuse, to comply with a requirement made under subsection (1). 20 Penalty: 60 penalty units. 34 False or misleading information (1) A person must not, in response to a request or requirement under this Part, give information that the person knows to be false or misleading in a 25 material detail. Penalty: 60 penalty units. (2) A person must not, in response to a request or requirement under this Part, produce a document that the person knows to be false or misleading in 30 a material detail without indicating the respect in which it is false or misleading and, if practicable, providing correct information. Penalty: 60 penalty units. 561033B.I-27/2/2007 30 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 5--Enforcement s. 35 35 Protection against self-incrimination (1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under 5 this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person. (2) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to 10 produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person. 36 Offence to hinder or obstruct authorised officer 15 A person must not, without reasonable excuse, hinder or obstruct an authorised officer who is exercising a power under this Part. Penalty: 60 penalty units. 37 Offence to hold oneself out to be authorised officer 20 A person who is not an authorised officer must not, in any way, hold himself or herself out to be an authorised officer. Penalty: 60 penalty units. 38 Entry to be reported to the Secretary 25 (1) If an authorised officer exercises a power of entry under this Part, the authorised officer must report the exercise of the power to the Secretary within 7 days after the entry. (2) A report under subsection (1) must include all 30 relevant details of the entry including particulars of-- (a) the time and place of the entry; and (b) the purpose of the entry; and 561033B.I-27/2/2007 31 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 5--Enforcement s. 39 (c) the things done while on the premises entered, including details of things seized, copies made and extracts taken; and (d) the time of departure from the entered 5 premises. 39 Register of exercise of powers of entry The Secretary must keep a register containing the particulars of all matters reported to the Secretary under section 38. 10 40 Complaints (1) Any person may complain to the Secretary about the exercise of a power by an authorised officer under this Part. (2) The Secretary must-- 15 (a) investigate any complaint made to the Secretary; and (b) provide a written report to the complainant on the results of the investigation. 41 Disclosure of information 20 (1) A person must not disclose any information that is obtained by him or her while exercising a power conferred by this Part. Penalty: 60 penalty units. (2) Despite subsection (1), a person may disclose or 25 use such information if-- (a) the disclosure or use is made in the performance of a duty under, or in connection with, this Act; or (b) the person has the consent of the person to 30 whom the information relates; or (c) the disclosure or use is made in legal proceedings at the direction of a court; or 561033B.I-27/2/2007 32 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 5--Enforcement s. 41 (d) the information is in the public domain at the time it is disclosed or used. (3) Subsection (2) is not intended to interfere with any rights another person may have with regard to 5 the disclosure or use of the information. __________________ 561033B.I-27/2/2007 33 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 6--General s. 42 PART 6--GENERAL 42 Service of documents (1) In addition to any other lawful method of service, if, under this Act, a document or notice is required 5 or permitted to be served on or given to a person, the document or notice, may be served or given-- (a) if the person is a natural person-- (i) by giving it to or serving it personally on the person; or 10 (ii) by sending it by post to the person at the person's usual or last known place of residence or business; or (b) if the person is a corporation, by leaving it at or sending it by post to the registered office 15 of the corporation within the meaning of the Corporations Act. (2) In addition to any other lawful method of service, if, under this Act, a document or notice is required or permitted to be served on or given to a firm, the 20 document may be served or given by leaving it at or sending it by post to the principal place of business of the firm. 43 Who can bring proceedings for offences? (1) Proceedings for an offence against this Act may 25 be brought by-- (a) the Secretary; or (b) a person authorised in writing by the Secretary for the purposes of this section. (2) In proceedings for an offence against this Act it 30 must be presumed, in the absence of evidence to the contrary, that the person bringing the proceedings was authorised to bring the proceedings. 561033B.I-27/2/2007 34 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 6--General s. 44 44 Offences by bodies corporate (1) If a body corporate contravenes any provision of this Act, each officer of the body corporate is deemed to have contravened the same provision if 5 the officer knowingly authorised or permitted the contravention. (2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been 10 proceeded against under that provision. (3) Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act. 45 Conduct by officers, employees or agents 15 (1) If, in any proceedings under this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show-- (a) that the conduct was engaged in by an officer 20 of that body corporate within the scope of the officer's actual or apparent authority and the officer had that state of mind; or (b) that the conduct was engaged in by an agent of the body corporate and-- 25 (i) the agent acted at the specific direction or with the specific consent or agreement of the body corporate; and (ii) the agent had that state of mind; and (iii) the body corporate was aware of the 30 agent's state of mind when the conduct was engaged in. 561033B.I-27/2/2007 35 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 6--General s. 45 (2) For the purposes of any proceedings under this Act, any conduct engaged in on behalf of a body corporate is deemed to have been engaged in also by the body corporate if the conduct was engaged 5 in by-- (a) an officer of the body corporate within the scope of the officer's actual or apparent authority; or (b) any other person at the specific direction or 10 with the specific consent or agreement of an officer of the body corporate, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer. 15 (3) If, in any proceedings under this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show-- (a) that the conduct was engaged in by an 20 employee of that person within the scope of the employee's actual or apparent authority and the employee had that state of mind; or (b) that the conduct was engaged in by an agent of the person and-- 25 (i) the agent acted at the specific direction or with the specific consent or agreement of the person; and (ii) the agent had that state of mind; and (iii) the person was aware of the agent's 30 state of mind when the conduct was engaged in. 561033B.I-27/2/2007 36 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 6--General s. 46 (4) For the purposes of any proceedings under this Act, any conduct engaged in on behalf of a person other than a body corporate (the principal) is deemed to have been engaged in also by the 5 principal if the conduct was engaged in by-- (a) an employee of the principal within the scope of the employee's actual or apparent authority; or (b) any other person at the specific direction or 10 with the specific consent or agreement of an employee of the principal, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee. 15 (5) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose. 20 46 Actions by firms If this Act provides that a person, being a firm, is guilty of an offence, that reference to the person-- (a) in the case of a partnership, is to be read as a reference to each member of the partnership; 25 and (b) in the case of any other unincorporated body, is to be read as a reference to each member of the committee of management of the body. 30 47 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or that is necessary to be prescribed to give effect to this 35 Act. 561033B.I-27/2/2007 37 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 6--General s. 47 (2) Regulations made under this Act-- (a) may be of general or limited application; (b) may differ according to differences in time, place or circumstances. __________________ 561033B.I-27/2/2007 38 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Part 7--Amendments to Other Acts s. 48 PART 7--AMENDMENTS TO OTHER ACTS 48 Amendment of Magistrates' Court Act 1989 See: Act No. 51/1989. After clause 67 of Schedule 4 to the Magistrates' Reprint No. 12 Court Act 1989 insert-- as at 1 October 5 "68 Major Events (Aerial Advertising) 2006 and amending Act 2007 Act Nos 76/2006 and An offence against section 10 of the Major 79/2006. Events (Aerial Advertising) Act 2007.". LawToday: www. legislation. vic.gov.au 49 New section 69A inserted--World Swimming See: Act No. 10 Championships Act 2004 95/2004 and After section 69 of the World Swimming amending Act Nos Championships Act 2004 insert-- 108/2004, 66/2006 and "69A Major Events (Aerial Advertising) Act 80/2006. 2007 does not apply LawToday: www. 15 The Major Events (Aerial Advertising) legislation. vic.gov.au Act 2007 does not apply to aerial advertising to which this Division applies.". 561033B.I-27/2/2007 39 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561033B.I-27/2/2007 40 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 INDEX Subject Section Act amendments to other Acts 48�49 commencement 2 purpose 1 Actions for damages 18 Advertising (def.) 3 Aerial advertising authorisations 3, 11�14 definition 3 delegation of powers regarding 15 unauthorised advertising 10, 16�18 Aircraft (def.) 3 Authorisations See Aerial advertising Authorised officers appointment 19 complaints about 40 definition 3 delegation of powers regarding 22 disclosure of information 41 entry powers 23�25, 38�39 hindrance, obstruction 36 holding oneself out to be 37 identification 21, 25, 33 information, documents required by 23, 33�35 non-compliance with requirements of 33 protection against self-incrimination 35 search warrants (General powers) 23�25 seizure 23, 26�32 training 20 use of equipment 29�30 Bodies corporate established under Acts for public purposes 15, 22 offences by 44�45 Complaints 40 Damages See Actions for damages Definitions 3 Entry powers authorised officers' general powers, duties 23�25 register of exercise of 39 reports of exercise of 38 Event Orders amendment 9 date of taking effect 6 definition 3 descriptions of land in 8 grounds for, matters specified in 4 presentation to Parliament 7 revocation 9 561033B.I-27/2/2007 41 BILL LA INTRODUCTION 27/2/2007

Major Events (Aerial Advertising) Bill 2007 Subject Section Event organisers applications for injunctions 16 consultation regarding authorisations 12 definition 3 notice of grant of aerial advertising authorisations 14 specified in event, variation Orders 4, 5 Events See Specified events Firms 3, 46 Injunctions 16�17 Major events See Specified events Minister applications for injunctions 16 powers, functions regarding event, variation Orders 4, 5, 7, 8 Offences by bodies corporate 44�45 by firms 46 disclosure of information 41 proceedings for 43 regarding authorised officers 33�34, 36�37 unauthorised aerial advertising 10 Orders See Event Orders; Variation Orders Proceedings 43 Regulations 47 Search warrants (General provisions) 23�25 See also Entry powers; Seizure Secretary definition 3 delegation of powers 15, 22 powers, functions regarding aerial advertising authorisations 11�15 authorised officers 19�23, 38�40 injunctions 16 proceedings 43 Seizure authorised officers' general powers under warrant 23 copies of things seized 28 electronic equipment 30 extension of period of retention of seized things 32 receipts for things seized 27 return of seized things 31 things not mentioned in warrant 26 use of equipment for purposes of 29�30 Self-incrimination protection against 35 Service of documents 42 Specified events definition 3 event, variation Orders regarding 4�9 events declared to be 4 specified time 3�5 specified venues 3�5, 8 Variation Orders 3, 5�9 561033B.I-27/2/2007 42 BILL LA INTRODUCTION 27/2/2007

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