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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Major Events (Crowd Management) and
Commonwealth Games Arrangements Acts (Crowd
Safety Amendment) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 2
3. Principal Act 2
PART 2--VENUES AND MAJOR EVENTS 3
4. Definitions 3
5. New managed venue 4
6. Football matches to be major events 4
7. New section 5A 4
5A. Declared managed venues 4
8. New section 6A inserted 6
6A. Identifying managed access areas 6
PART 3--OFFENCES AND ENFORCEMENT 7
9. Inspection 7
10. Section 10 substituted 8
10. Offence to possess prohibited items 8
10A. Offence to possess lit distress signal or fireworks 8
10B. Offence to possess unlit distress signal or fireworks 8
10C. Powers of venue managers 9
11. Alcohol in managed venues and managed access areas 9
12. Surrender of prohibited items 9
13. Storage of items at managed venues 10
14. New sections 14A to 14I inserted 10
14A. Offence to throw or kick projectiles 10
14B. Offence to damage or deface 10
14C. Offence to damage flora 11
14D. Offence to block stairs, exits or entries 11
14E. Offence to climb on fence, barrier or barricade 11
14F. Offence to obstruct view of seated person 11
14G. Offence to climb roof or parapet of building 12
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Clause Page
14H. Offence to throw lit distress signal or fireworks 12
14I. Direction to leave managed venue or managed access
area 12
15. Refusal to leave managed venue or managed access area and
re-entry 13
16. Repeat offenders 13
17. New section 17A inserted 13
17A. Ban orders 13
18. New infringement offences 15
PART 4--AMENDMENTS TO OTHER ACTS 17
19. Consequential amendment to Magistrates' Court Act 1989 17
20. Amendment of Commonwealth Games Arrangements
Act 2001 17
ENDNOTES 19
ii
551362B.I1-4/10/2005 BILL LA INTRODUCTION 4/10/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Major Events (Crowd Management) Act 2003 to
provide for increased powers for authorised officers, police and venue
managers in relation to crowd safety and crowd behaviour, to broaden
the application of the Act to other venues and events and to provide
for additional enforcement powers, to amend the powers relating to
bag searches in the Commonwealth Games Arrangements Act 2001
and for other purposes.
Major Events (Crowd Management)
and Commonwealth Games
Arrangements Acts (Crowd Safety
Amendment) Act 2005
The Parliament of Victoria enacts as follows:
1
551362B.I1-4/10/2005 BILL LA INTRODUCTION 4/10/2005
Major Events (Crowd Management) and Commonwealth Games
Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are to amend--
(a) the Major Events (Crowd Management)
Act 2003 to--
5
(i) broaden the application of the Act to
apply to Bob Jane Stadium and all
international, national and state football
matches;
(ii) enable the Minister to declare
10
additional venues;
(iii) provide for additional enforcement
powers; and
(b) to amend the powers relating to bag searches
in the Commonwealth Games
15
Arrangements Act 2001.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Principal Act
20
See: In this Act, the Major Events (Crowd
Act No.
Management) Act 2003 is called the Principal
19/2003
and Act.
amending
Act Nos
33/2004 and
108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
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Major Events (Crowd Management) and Commonwealth Games
Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Part 2--Venues and Major Events
s. 4
PART 2--VENUES AND MAJOR EVENTS
4. Definitions
(1) In section 3(1) of the Principal Act insert the
following definitions--
' "ban order" means an order imposed by a court
5
under section 17A;
"Bob Jane Stadium" means the stadium shown
shaded grey on lodged plan LEG./05398
lodged in the Central Plan Office established
under the Survey Co-ordination Act 1958;
10
"football" includes soccer;
"prohibited item" means--
(a) an animal (other than, if the person is
blind, deaf or otherwise suffering a
disability, a guide dog);
15
(b) a laser pointer;
(c) a distress signal;
(d) dangerous goods;
(e) a whistle or loud hailer;
(f) a prohibited weapon or controlled
20
weapon within the meaning of the
Control of Weapons Act 1990 whose
possession would constitute an offence
under that Act;
(g) a bicycle, skateboard, roller skates,
25
roller blades or a scooter;
(h) a firework;
(i) a horn or bugle;'.
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Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Part 2--Venues and Major Events
s. 5
(2) In section 3(1) of the Principal Act, in the
definition of "managed venue"--
(a) in paragraph (b) for "section 5(2);"
substitute "section 5(2); or";
(b) after paragraph (b) insert--
5
"(c) a venue declared by Order made under
section 5A(1) to be a managed venue;".
5. New managed venue
In section 4 of the Principal Act--
(a) in paragraph (g) for "land." substitute
10
"land;";
(b) after paragraph (g) insert--
"(h) the Bob Jane Stadium.".
6. Football matches to be major events
In section 5(1) of the Principal Act--
15
(a) in paragraph (d) for "sub-section (2)."
substitute "sub-section (2);";
(b) after paragraph (d) insert--
"(e) any international, national or state
league football match held at a
20
managed venue.".
7. New section 5A
After section 5 of the Principal Act insert--
"5A. Declared managed venues
(1) Subject to sub-section (2), the Minister, by
25
Order published in the Government Gazette,
may declare a venue to be a managed venue
if the Minister--
(a) is of the opinion that it is in the public
interest to do so; and
30
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Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Part 2--Venues and Major Events
s. 7
(b) is satisfied that the proposed managed
venue--
(i) hosts, or is suitable to host,
international, national or state
level events; and
5
(ii) has the capacity to be set up for
major events either permanently
or temporarily; and
(iii) has clear entry and exit points; and
(iv) has clear boundaries delineating
10
the field of play.
(2) If a proposed managed venue is on land
which is reserved or deemed to be reserved
under the Crown Land (Reserves) Act
1978, the Minister must consult with the
15
Minister administering the Crown Land
(Reserves) Act 1978 before making an
Order under sub-section (1) in respect of that
land.
(3) An Order made under sub-section (1)--
20
(a) must specify the area of land on which
the managed venue is located; and
(b) must specify the venue manager of any
managed venue; and
(c) may specify the date or dates on which
25
the venue is to be a declared managed
venue if the Order applies for a limited
time only.
(4) Without limiting the use of any other means
to describe land, an Order made under sub-
30
section (1) may describe land by reference to
a plan of survey attached to the Order or
lodged in the Central Plan Office established
under the Survey Co-ordination Act
1958.".
35
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Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Part 2--Venues and Major Events
s. 8
8. New section 6A inserted
After section 6 of the Principal Act insert--
"6A. Identifying managed access areas
(1) A venue manager must identify or cause to
be identified a managed access area by
5
erecting signs or notices or causing signs or
notices to be erected on or in close proximity
to the area stating that the area is a managed
access area.
(2) Sub-section (1) does not limit a venue
10
manager's power to delineate a managed
access area by means in addition to signs or
notices.".
__________________
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Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Part 3--Offences and Enforcement
s. 9
PART 3--OFFENCES AND ENFORCEMENT
9. Inspection
(1) In section 9(1)(a) of the Principal Act, after
"inspection" insert ", and search by an authorised
officer".
5
(2) After section 9(1)(a) of the Principal Act insert--
"(ab) request a person to produce and empty of its
contents any bag, basket or other receptacle
that the person intends to take into or has in a
managed venue or managed access area;
10
(ac) request a person who intends to enter or has
entered a managed venue or managed access
area to turn out that person's pockets;".
(3) After section 9(1) of the Principal Act insert--
"(1A) If a request under sub-section (1)(ab) or
15
(1)(ac) is made of a person by an authorised
officer--
(a) the person may request that the
inspection be conducted in private; and
(b) the authorised officer must conduct the
20
inspection in a private area set aside by
the venue manager for that purpose.
(1B) For the purposes of inspection and search
under this section, an authorised officer
may--
25
(a) search through any bag, basket or other
receptacle; or
(b) search through and move the contents
of that bag, basket or other receptacle;
or
30
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Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Part 3--Offences and Enforcement
s. 10
(c) search through and move the contents
of a person's pockets turned out in
accordance with sub-section (1)(ac).".
10. Section 10 substituted
For section 10 of the Principal Act substitute--
5
'10. Offence to possess prohibited items
(1) A person in a managed venue or a managed
access area must not possess a prohibited
item except with the written authorisation of
the venue manager.
10
Penalty: 20 penalty units.
(2) This section does not apply to the following
prohibited items--
(a) distress signals;
(b) fireworks.
15
10A. Offence to possess lit distress signal or
fireworks
A person in a managed venue or a managed
access area must not have in his or her
possession any lit distress signal or lit
20
firework except with the written
authorisation of the venue manager.
Penalty: 30 penalty units.
10B. Offence to possess unlit distress signal or
fireworks
25
A person in a managed venue or a managed
access area must not have in his or her
possession any unlit distress signal or unlit
firework except with the written
authorisation of the venue manager.
30
Penalty: 20 penalty units.
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Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Part 3--Offences and Enforcement
s. 11
10C. Powers of venue managers
(1) Nothing in the definition of "prohibited
item" in section 3 prevents a venue manager
from prohibiting any item not referred to in
that definition from being brought into the
5
managed venue or managed access area for
which the venue manager is responsible.
(2) A venue manager may authorise in writing
any person or class of persons to possess a
prohibited item or class of prohibited item in
10
a managed venue or managed access area.'.
11. Alcohol in managed venues and managed access
areas
At the foot of section 11(1) of the Principal Act
insert--
15
"Penalty: 20 penalty units.".
12. Surrender of prohibited items
For section 12(1) of the Principal Act
substitute--
"(1) An authorised officer may request a person
20
to surrender any item that--
(a) is a prohibited item which the person
has in his or her possession in
contravention of section 10, 10A
or 10B; or
25
(b) a venue manager has prohibited being
brought into a managed venue or
managed access area under section
10C(1) which the person has brought
into that venue or that area; or
30
(c) a person has in his or her possession in
contravention of section 11.".
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Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Part 3--Offences and Enforcement
s. 13
13. Storage of items at managed venues
In section 13(3)(b) of the Principal Act--
(a) after "distress signal" insert ", firework";
(b) for "section 10(2)" substitute "section
10C(1)".
5
14. New sections 14A to 14I inserted
After section 14 of the Principal Act insert--
"14A. Offence to throw or kick projectiles
(1) A person must not, within a managed venue
or managed access area, throw or kick any
10
stone, bottle or other projectile.
Penalty: 20 penalty units.
(2) Sub-section (1) does not apply to a person
who throws or kicks a projectile in the
course of--
15
(a) participating in a cricket match, football
match, game, sport or event;
(b) officiating at a cricket match, football
match, game, sport or event;
(c) officially acting as a volunteer engaged
20
in the management or conduct of a
cricket match, football match, game,
sport or event.
14B. Offence to damage or deface
A person must not, within a managed venue
25
or managed access area, deface or damage
any building, fence, barrier, barricade, seat,
chair, table, structure, vehicle, craft, truck,
pipe, tap, tap fitting, conduit, electrical
equipment, wiring or sign.
30
Penalty: 20 penalty units.
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Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Part 3--Offences and Enforcement
s. 14
14C. Offence to damage flora
A person must not, within a managed venue
or managed access area, damage any trees,
plants or other flora.
Penalty: 20 penalty units.
5
14D. Offence to block stairs, exits or entries
A person must not, without reasonable
excuse, block any stairs, steps, aisle,
gangway, overpass, underpass, bridge,
passage, entry, exit or other thoroughfare in a
10
managed venue or managed access area.
Penalty: 10 penalty units.
14E. Offence to climb on fence, barrier or
barricade
A person must not, without reasonable
15
excuse, climb on any fence, barrier or
barricade--
(a) in a managed venue or managed access
area; or
(b) delineating the boundaries of a
20
managed venue or managed access
area.
Penalty: 10 penalty units.
14F. Offence to obstruct view of seated person
A person in a managed venue or managed
25
access area must not, without reasonable
excuse, stand in a place or in a particular
manner that deliberately obstructs the view
of any other person seated in a seat in the
immediate vicinity.
30
Penalty: 10 penalty units.
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Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Part 3--Offences and Enforcement
s. 14
14G. Offence to climb roof or parapet of
building
A person must not climb a roof or parapet of
a building within a managed venue or
managed access area except with the written
5
authorisation of the venue manager.
Penalty: 10 penalty units.
14H. Offence to throw lit distress signal or
fireworks
A person in a managed venue or a managed
10
access area must not throw any lit distress
signal or lit fireworks except with the written
authorisation of the venue manager.
Penalty: 40 penalty units.
14I. Direction to leave managed venue or
15
managed access area
(1) Subject to sub-section (2), an authorised
officer may direct a person to leave and not
re-enter or not to enter a managed venue or a
managed access area if the authorised
20
officer--
(a) believes on reasonable grounds that the
person has committed an offence
against section 14A, 14B, 14C, 14D,
14E, 14F, 14G or 14H; and
25
(b) has informed the person that the officer
has formed the belief referred to in
paragraph (a); and
(c) has, prior to making the direction,
requested that person to leave or not to
30
enter the managed venue or managed
access area and that person has refused
to leave or has entered.
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Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Part 3--Offences and Enforcement
s. 15
(2) A direction under sub-section (1)--
(a) must specify that the direction applies
for a period of 24 hours; and
(b) may be given either or both of the
following ways--
5
(i) orally;
(ii) in writing by serving it on the
person to whom it applies either
personally or by post.".
15. Refusal to leave managed venue or managed access
10
area and re-entry
(1) In section 16(1) of the Principal Act, for
"section 9 or 12" substitute "section 9, 12 or 14I".
(2) In section 16(2) and (3) of the Principal Act, after
"section 9, 12" (wherever occurring) insert
15
", 14I".
(3) In section 16(4) of the Principal Act--
(a) in paragraph (a) for "section 9 or 12"
substitute "section 9, 12 or 14I";
(b) in paragraphs (b) and (c) after "section 9, 12"
20
(wherever occurring) insert ", 14I".
16. Repeat offenders
In section 17 of the Principal Act, for
"section 14(2)" (wherever occurring) substitute
"section 10, 14(2), 14H".
25
17. New section 17A inserted
After section 17 of the Principal Act insert--
'17A. Ban orders
(1) In this section "offender" means a person
who is found guilty of an offence specified
30
in sub-section (2).
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Major Events (Crowd Management) and Commonwealth Games
Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Part 3--Offences and Enforcement
s. 17
(2) The following offences are offences for
which a court may make a ban order--
(a) an offence against section 10A, 10B,
14A, 14B or 14H;
(b) an offence against section 10 where the
5
prohibited item was an item specified in
paragraphs (d) or (f) of the definition of
"prohibited item";
(c) an offence against section 16, 17, 18,
22, 23, 24 or 30 of the Crimes Act
10
1958 if committed by the offender in a
managed venue or managed access area
during a major event;
(d) an offence against section 23 of the
Summary Offences Act 1966 if
15
committed by the offender in a
managed venue or managed access area
during a major event.
(3) If a court finds a person guilty of an offence
specified in sub-section (2), the court may
20
make any one, or a combination, of the
following orders in respect of the offender--
(a) an order banning the offender from
entering the managed venue and
managed access area where the offence
25
was committed;
(b) an order banning the offender from
attending--
(i) a specified major event at the
managed venue and managed
30
access area where the offence was
committed; or
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Major Events (Crowd Management) and Commonwealth Games
Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Part 3--Offences and Enforcement
s. 18
(ii) two or more specified major
events at the managed venue and
managed access area where the
offence was committed;
(c) an order banning the offender from
5
attending a specified category of major
event at any managed venue where
those events take place.
(4) A court may impose a ban order on an
offender for a period of up to 5 years.
10
(5) A ban order must specify--
(a) the managed venue and managed
access area in respect of which the ban
order is made; and
(b) the major event or events in respect of
15
which the ban order is made; and
(c) the period for which the ban order is in
force.
(6) A person to whom a ban order applies must
not enter a managed venue or managed
20
access area in contravention of that order.
Penalty: 60 penalty units.
Note: See section 7(1)(k) of the Sentencing Act 1991.
(7) Nothing in sub-section (6) affects the powers
of the court or of the Supreme Court in
25
relation to contempt of court.'.
18. New infringement offences
(1) In section 18(1) of the Principal Act, for
"section 14(1)" substitute "sections 10A, 10B,
14(1), 14A, 14B, 14C and 16(3)".
30
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Major Events (Crowd Management) and Commonwealth Games
Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Part 3--Offences and Enforcement
s. 18
(2) At the end of section 21 of the Principal Act
insert--
"(2) The infringement penalty for an offence--
(a) against sections 10B, 14A, 14B, 14C
and 16(3) is 2 penalty units;
5
(b) against section 10A is 3 penalty units.".
__________________
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551362B.I1-4/10/2005 BILL LA INTRODUCTION 4/10/2005
Major Events (Crowd Management) and Commonwealth Games
Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Part 4--Amendments to Other Acts
s. 19
PART 4--AMENDMENTS TO OTHER ACTS
19. Consequential amendment to Magistrates' Court
Act 1989
In section 3(1) of the Magistrates' Court Act
1989, in the definition of "sentencing order", in
5
paragraph (a), after "Sentencing Act 1991"
insert ", including any order made under
section 17A of the Major Events (Crowd
Management) Act 2003".
20. Amendment of Commonwealth Games
10
Arrangements Act 2001
(1) In section 57AI(1)(a) of the Commonwealth
Games Arrangements Act 2001, after
"inspection" insert ", and search by an authorised
officer or member of the police force".
15
(2) After section 57AI(1)(a) of the Commonwealth
Games Arrangements Act 2001 insert--
"(ab) request a person to produce and empty of its
contents any bag, basket or other receptacle
that the person intends to take into or has in a
20
managed venue or managed access area;".
(3) After section 57AI(1) of the Commonwealth
Games Arrangements Act 2001 insert--
"(1A) For the purposes of inspection and search
under this section, an authorised officer or
25
member of the police force may--
(a) search through any bag, basket or other
receptacle; or
(b) search through and move the contents
of that bag, basket or other receptacle;
30
or
17
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Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Part 4--Amendments to Other Acts
s. 20
(c) search through and move the contents
of a person's pockets turned out in
accordance with sub-section (1)(b).".
18
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Major Events (Crowd Management) and Commonwealth Games
Arrangements Acts (Crowd Safety Amendment) Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
19
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