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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) Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
PART 2--MANAGED VENUES AND MAJOR EVENTS 5
4. Managed venues 5
5. Major events 5
6. Managed access areas 6
7. Orders to be tabled in Parliament 7
8. Amendment and revocation of Orders 7
PART 3--CROWD MANAGEMENT 8
9. Inspection 8
10. Prohibited items 9
11. Alcohol in managed venues and managed access areas 9
12. Surrender of prohibited items 10
13. Storage of items at managed venues 10
14. Entry to playing fields etc. 12
15. Disruptive behaviour prohibited 13
16. Refusal to leave managed venue or managed access area and
re-entry 13
PART 4--PROCEEDINGS 15
17. Repeat offenders 15
18. Power to serve infringement notice 16
19. Form of notice 17
20. Withdrawal of infringement notice 17
21. Infringement penalty 17
22. Payment of penalty 18
23. Infringement notice not to prejudice further proceedings 18
24. Enforcement of infringement penalty 19
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Clause Page
PART 5--GENERAL 20
25. Authorised officers 20
26. Identification of authorised officers 20
27. Delegation by Secretary 21
28. Regulations 21
PART 6--CONSEQUENTIAL AMENDMENTS 22
29. Australian Grands Prix Act 1994 22
30. Melbourne Cricket Ground Act 1933 22
31. Melbourne and Olympic Parks Act 1985 22
32. State Sport Centres Act 1994 23
ENDNOTES 24
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PARLIAMENT OF VICTORIA
Initiated in Assembly 18 March 2003
A BILL
to promote the safety and enjoyment of participants and spectators at
certain venues and major events and for other purposes.
Major Events (Crowd Management)
Act 2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to promote the safety
and enjoyment of participants and spectators at
5 certain venues and major events.
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Part 1--Preliminary
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2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 1 July 2003, it comes into
operation on that day.
3. Definitions
(1) In this Act--
"authorised officer" means--
10 (a) a person appointed to be an authorised
officer under section 25; or
(b) a member of the police force;
"dangerous goods" has the same meaning as in
section 3(1) of the Dangerous Goods Act
15 1985;
"distress signal" means a pyrotechnic device
intended for signalling, warning, rescue or
similar purposes, and includes marine flares
and signals, landing flares, highway fusees,
20 line-carrying rockets, anti-hail rockets, cloud
rockets, avalanche rockets and smoke
generators;
"Docklands Stadium" means the stadium in the
area bounded by La Trobe Street,
25 Wurundgeri Way, Bourke Street and
Harbour Esplanade in the docklands area
within the meaning of the Docklands
Authority Act 1991;
"laser pointer" means a hand-held battery-
30 operated article designed or adapted to emit
laser beams;
"managed access area" means an area of land
that is declared under section 6 to be a
managed access area;
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"major event" means an event that is referred to
in section 5(1);
"managed venue" means--
(a) a venue that is referred to in section 4;
5 or
(b) an area of land that is specified in an
Order under made section 5(2);
"Melbourne Cricket Ground" has the same
meaning as "Ground" in the Melbourne
10 Cricket Ground Act 1933;
"Melbourne Sports and Aquatic Centre land"
has the same meaning as in the State Sport
Centres Act 1994;
"national tennis centre land" has the same
15 meaning as in the Melbourne and Olympic
Parks Act 1985;
"Olympic Park land" has the same meaning as
in the Melbourne and Olympic Parks Act
1985;
20 "Phillip Island Grand Prix circuit" has the
same meaning as in the Australian Grands
Prix Act 1994;
"Secretary" means the person who for the time
being is the Department Head under the
25 Public Sector Management and
Employment Act 1998 of the Department
for Victorian Communities;
"State Netball and Hockey Centre land" has
the same meaning as in the State Sport
30 Centres Act 1994;
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"venue manager" means the person who is
responsible (whether fully or substantially)
for--
(a) the organisation and use of the venue;
5 or
(b) the receipt of revenue from the venue.
(2) If under the Public Sector Management and
Employment Act 1998 the name of the
Department for Victorian Communities is
10 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
treated as a reference to the Department by its new
name.
__________________
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Part 2--Managed Venues and Major Events
s. 4
PART 2--MANAGED VENUES AND MAJOR EVENTS
4. Managed venues
The following venues are managed venues for the
purposes of this Act--
5 (a) Melbourne Cricket Ground;
(b) Phillip Island Grand Prix circuit;
(c) the Docklands Stadium;
(d) any building on Melbourne Sports and
Aquatic Centre land;
10 (e) any building on State Netball and Hockey
Centre land;
(f) national tennis centre land;
(g) Olympic Park land.
5. Major events
15 (1) The following events are major events for the
purposes of this Act--
(a) the Australian Open Tennis Championships;
(b) any Australian Football League match held
at the Melbourne Cricket Ground or the
20 Docklands Stadium;
(c) any international or interstate cricket match
held at the Melbourne Cricket Ground or the
Docklands Stadium;
(d) any event that is the subject of an Order
25 made under sub-section (2).
(2) Subject to sub-section (3), the Minister, by Order
published in the Government Gazette, may declare
an event to be a major event if the Minister is of
the opinion that it is in the public interest to do so.
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(3) If a proposed major event is to take place on land
which is reserved or deemed to be reserved under
the Crown Land (Reserves) Act 1978, the
Minister must consult with the Minister
5 administering the Crown Land (Reserves) Act
1978 before making an Order under sub-section
(2) in respect of that land.
(4) An Order made under sub-section (2) must
specify--
10 (a) any area of land on which the event is to take
place; and
(b) the venue manager of any land on which the
event is to take place; and
(c) the date or dates on which the event is to
15 take place.
(5) Without limiting the use of any other means to
describe land, an Order made under sub-
section (2) may describe land by reference to a
plan of survey attached to the Order or lodged in
20 the Central Plan Office established under the
Survey Co-ordination Act 1958.
(6) An area of land referred to in an Order made
under sub-section (2) is deemed to be a managed
venue for the purposes of this Act.
25 6. Managed access areas
(1) Subject to sub-section (2), the Minister, by Order
published in the Government Gazette, may declare
an area adjacent to a managed venue to be a
managed access area for the purposes of this Act.
30 (2) If a proposed managed access area or any part of a
proposed managed access area is land which is
reserved or deemed to be reserved under the
Crown Land (Reserves) Act 1978, the Minister
must consult with the Minister administering the
35 Crown Land (Reserves) Act 1978 before making
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an Order under sub-section (1) in respect of that
land.
(3) An Order made under sub-section (1) must
specify--
5 (a) the relevant area of land; and
(b) the date or dates on which the relevant area
of land is a managed access area.
(4) Without limiting the use of any other means to
describe land, an Order made under sub-section
10 (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.
7. Orders to be tabled in Parliament
15 The Minister must cause an Order made under this
Part to be laid before each House of Parliament
within 7 sitting days of that House after the Order
is published in the Government Gazette.
8. Amendment and revocation of Orders
20 (1) The Minister, by Order published in the
Government Gazette, may amend or revoke an
Order made under this Part.
(2) This Part applies to the amendment or revocation
of an Order made under this Part in the same way
25 as it does to the making of an Order.
__________________
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PART 3--CROWD MANAGEMENT
9. Inspection
(1) An authorised officer may--
(a) request a person to produce and open for
5 inspection any bag, basket, or other
receptacle that the person intends to take into
or has in a managed venue or managed
access area;
(b) request a person who intends to enter a
10 managed venue or managed access area--
(i) to walk through screening equipment;
(ii) to allow an officer to pass hand-held
screening equipment over or around the
person or around things in the person's
15 possession;
(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 may direct a person not to
20 enter the managed venue or managed access area
for a period of 24 hours if the person refuses to
comply with a request made under sub-section (1).
(3) An authorised officer may direct a person who is
in a managed venue or managed access area and
25 who refuses to comply with a request under sub-
section (1) to leave the managed venue or
managed access area and not re-enter the managed
venue or managed access area for a period of
24 hours.
30 (4) In this section--
"screening equipment" means a metal detector
or similar device for detecting objects or
particular substances.
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10. Prohibited items
(1) A person in a managed venue or managed access
area must not have in his or her possession any of
the following items--
5 (a) animals (other than, if the person is blind,
deaf or otherwise suffering a disability, a
guide dog);
(b) laser pointers;
(c) distress signals;
10 (d) dangerous goods;
(e) whistles or loud hailers;
(f) prohibited weapons or controlled weapons
within the meaning of the Control of
Weapons Act 1990 whose possession would
15 constitute an offence under that Act;
(g) bicycles, skateboards, roller skates, roller
blades or scooters.
(2) Nothing in this section prevents any venue
manager from prohibiting any item not referred to
20 in this section from being brought into the
managed area or managed access area.
(3) Sub-section (1) does not apply to a person who
has, or a member of a class of person that has,
been given permission by the venue manager to
25 have in his or her possession an item referred to in
sub-section (1).
11. Alcohol in managed venues and managed access
areas
(1) Subject to sub-section (2), a person in a managed
30 venue or managed access area must not have in
his or her possession any alcohol that has not been
purchased at the managed venue or managed
access area in accordance with the Liquor
Control Reform Act 1998.
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(2) A person in a managed venue or managed access
area may have alcohol in his or her possession that
has not been purchased at the managed venue or
managed access area in accordance with the
5 Liquor Control Reform Act 1998 if the venue
manager has authorised the possession of such
alcohol.
12. Surrender of prohibited items
(1) An authorised officer may request a person to
10 surrender any item that the person intends to
bring, or has brought, into a managed venue or
managed access area in contravention of
section 10 or 11.
(2) An authorised officer may direct a person not to
15 enter the managed venue or managed access area
for a period of 24 hours if the person refuses to
comply with a request under sub-section (1).
(3) An authorised officer may direct a person who is
in a managed venue or a managed access area and
20 who refuses to comply with a request under sub-
section (1) to leave the managed venue or
managed access area and not re-enter the managed
venue or managed access area for a period of
24 hours.
25 13. Storage of items at managed venues
(1) A venue manager must ensure that an item that
has been surrendered by a person in compliance
with a request under section 12(1) is--
(a) stored at the managed venue or managed
30 access area in a secure manner in accordance
with directions made by the Minister from
time to time and provided by the Minister to
the venue manager; and
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(b) returned to the person upon request when the
person leaves the managed venue or
managed access area or within 28 days after
the item is so surrendered.
5 (2) An item that is not collected by the person who
surrendered it in compliance with a request under
section 12(1) must be stored by the venue
manager until--
(a) the person requests the item's return; or
10 (b) the expiration of 28 days after the item was
surrendered--
whichever happens first.
(3) Despite anything to the contrary in this section,
if--
15 (a) a surrendered item is a prohibited weapon or
a controlled weapon within the meaning of
the Control of Weapons Act 1990 whose
possession would constitute an offence under
that Act, the venue manager must ensure that
20 the item is given to a member of the police
force within 24 hours after the item is
surrendered;
(b) a surrendered item is a dangerous good, laser
pointer, distress signal or other item
25 prohibited by the venue manager under
section 10(2) and the item is not collected
within 28 days after it was surrendered, the
venue manager must destroy the item;
(c) a surrendered item is a perishable foodstuff,
30 the venue manager may destroy or dispose of
the item after the end of the day on which the
item is surrendered;
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(d) a surrendered item not referred to in
paragraph (a) or (b) is not collected within
28 days after it was surrendered, the venue
manager may sell the item and retain the
5 proceeds of the item's sale.
14. Entry to playing fields etc.
(1) A person must not enter a playing field, track or
arena within a managed venue unless the person--
(a) is participating in a cricket match, football
10 match, game, sport or event held with the
permission of the venue manager; or
(b) is engaged in the control or management of
any such cricket match, football match,
game, sport or event; or
15 (c) has, or is a member of a class of person that
has, been given permission by the venue
manager to go on the playing field, track or
arena.
Penalty: 10 penalty units.
20 (2) While on a playing field, track or arena, a person
must not, without reasonable excuse, disrupt a
cricket match, football match, game, sport or
event unless the person--
(a) is participating in a cricket match, football
25 match, game, sport or event held with the
permission of the venue manager; or
(b) is engaged in the control or management of
any such cricket match, football match,
game, sport or event; or
30 (c) has, or is a member of a class of person that
has, been given permission by the venue
manager to go on the playing field, track or
arena.
Penalty: 60 penalty units.
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15. Disruptive behaviour prohibited
An authorised officer may direct a person who is
in a managed venue or managed access area to
leave the managed venue or managed access area
5 and not re-enter the managed venue or managed
access area for a period of 24 hours if the
authorised officer believes on reasonable grounds
that the person is disrupting or interrupting any
cricket match, football match, game, sport or
10 event organised by the venue manager or causing
annoyance to spectators.
16. Refusal to leave managed venue or managed access
area and re-entry
(1) A person must not, contrary to a direction given
15 by an authorised officer under section 9 or 12--
(a) enter the managed venue or managed access
area for a period of 24 hours; or
(b) attempt to enter the managed venue or
managed access area for a period of
20 24 hours.
Penalty: 20 penalty units.
(2) A person must leave a managed venue or
managed access area immediately after being
directed to do so by an authorised officer under
25 section 9, 12 or 15.
Penalty: 20 penalty units.
(3) A person who has left a managed venue or
managed access area after being directed to do so
by an authorised officer under section 9, 12 or 15
30 must not--
(a) enter or re-enter the managed venue or
managed access area for a period of
24 hours; or
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(b) attempt to enter or re-enter the managed
venue or managed access area for a period of
24 hours.
Penalty: 20 penalty units.
5 (4) 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 managed venue or managed access
area contrary to a direction not to enter the
10 managed venue or managed access area for a
period of 24 hours under section 9 or 12;
(b) remove a person from a managed venue or
managed access area after the person has
refused to comply with a direction to leave
15 the managed venue or managed access area
under section 9, 12 or 15;
(c) prevent a person from re-entering or
attempting to re-enter a managed venue or
managed access area contrary to a direction
20 to leave the managed venue or managed
access area and not re-enter for a period of
24 hours under section 9, 12 or 15.
__________________
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Part 4--Proceedings
s. 17
PART 4--PROCEEDINGS
17. Repeat offenders
(1) This section applies to a person who has been
convicted or found guilty of an offence under
5 section 14(2) or 16 on 2 or more occasions within
the period of 5 years immediately before the date
on which an application under sub-section (2) is
made.
(2) If a member of the police force suspects on
10 reasonable grounds that the person is likely to
disrupt a major event or series of major events, the
member of the police force may apply to the
Magistrates' Court for an order prohibiting the
person from entering the managed venue (or
15 venues) or managed access area (or areas) at
which the major event or series of major events is
to take place (either wholly or in part) during the
event period.
(3) On an application under sub-section (2), if the
20 Magistrates' Court is satisfied on the balance of
probabilities that the person in respect of whom
the application is made is likely to disrupt the
major event or series of major events, the Court
may make an order prohibiting the person from
25 entering either or both the managed venue (or
venues) or managed access area (or areas) during
all or part of the event period.
(4) The Magistrates' Court order must specify--
(a) all managed venues and managed access
30 areas in respect of which the order is made;
and
(b) the event or series of events in respect of
which the order is made and the event
period.
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(5) The Magistrates' Court, on the application of the
person, must quash an order made under this
section if--
(a) at the time that the order was made, the
5 person had been convicted or found guilty of
at least 2 offences against section 14(2)
or 16; and
(b) after the order was made, the person
successfully appealed against the person's
10 conviction for or finding of guilt of one or
more offences under section 14(2) or 16 so
that the person is no longer convicted or
found guilty of at least 2 such offences.
(6) A person must not enter a managed venue or
15 managed access area in contravention of an order
under sub-section (3).
Penalty: 60 penalty units.
(7) In this section--
"event period" means the period that--
20 (a) starts 7 days before the major event or
series of major events starts; and
(b) ends 2 days after the major event or
series of major events ends.
18. Power to serve infringement notice
25 (1) A member of the police force may serve an
infringement notice on a person who the member
has reason to believe has committed an offence
under section 14(1).
(2) An infringement notice may be served--
30 (a) by personally serving the infringement notice
on the alleged offender; or
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(b) by sending the infringement notice by post
addressed to the alleged offender's latest
known address.
19. Form of notice
5 An infringement notice must--
(a) be in the prescribed form; and
(b) state the penalty fixed for the offence; and
(c) state that if the amount of the penalty is
tendered at the place referred to in the notice
10 the matter will not be brought before the
Magistrates' Court unless the notice is
withdrawn before the end of the period
specified in the notice as the time for
payment of the penalty.
15 20. Withdrawal of infringement notice
(1) The member of the police force may withdraw an
infringement notice at any time within 28 days
after the notice is served by serving a withdrawal
notice on the alleged offender.
20 (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 of
any infringement penalty paid must be refunded
and the Consolidated Fund is, to the necessary
25 extent, appropriated accordingly.
21. Infringement penalty
The infringement penalty for an offence against
section 14(1) is 2 penalty units.
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22. Payment of penalty
(1) If the person pays the penalty shown on the
infringement notice within the time shown in the
notice or, if the member of the police force allows,
5 at any time before the service of the summons in
respect of the offence--
(a) further proceedings may not be taken in
respect of the offence; and
(b) no conviction is to be recorded against the
10 person for the offence.
(2) A penalty paid under this section must be applied
as if the offender had been convicted of the
offence in the Magistrates' Court on a charge filed
by the member of the police force who served the
15 infringement notice.
23. Infringement notice not to prejudice further
proceedings
(1) If--
(a) a person served with an infringement notice
20 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
the alleged offence.
25 (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 Magistrates'
Court, the conviction must not be taken to be a
30 conviction for any purpose except in relation to--
(a) the making of the conviction itself; and
(b) subsequent proceedings which may be taken
in respect of the conviction itself, including
proceedings by way of appeal.
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24. Enforcement of infringement penalty
Payment of the infringement penalty may be
enforced in accordance with Part 2 of Schedule 7
to the Magistrates' Court Act 1989 if--
5 (a) the infringement notice is an infringement
notice within the meaning of Schedule 7 to
that Act; and
(b) the infringement penalty has not been paid
within the time specified in the infringement
10 notice; and
(c) the infringement notice has not been
withdrawn; and
(d) proceedings have not been taken under
section 23.
__________________
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Part 5--General
s. 25
PART 5--GENERAL
25. Authorised officers
(1) The Secretary may appoint a person to be an
authorised officer if--
5 (a) the person holds under Part IIA of the
Private Agents Act 1966--
(i) a security firm's licence; or
(ii) a security guard's licence; or
(iii) a crowd controller's licence; or
10 (b) the person is employed by a venue manager
at the venue and has attained 18 years of age.
(2) The appointment must be in writing and must
specify the terms and conditions on which the
person is appointed.
15 (3) The Secretary may require an authorised officer
appointed under this section to undertake
specified training before exercising any powers
under this Act.
26. Identification of authorised officers
20 (1) The Secretary must issue an identity card to each
authorised officer appointed under section 25
that--
(a) contains a photograph of the officer; and
(b) states the full name of the person to whom it
25 is issued; and
(c) states that the person is an authorised officer
for the purposes of this Act.
(2) An authorised officer appointed under section 25
must produce his or her identity card for
30 inspection at any time during the exercise of a
power under this Act, if asked to do so.
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(3) If a person appointed to be an authorised officer
under section 25 proposes to exercise the
functions of an authorised officer and fails to
produce on demand his or her identity card, the
5 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
purporting to be issued to a person by the
10 Secretary under this section is evidence of the
appointment of that person as an authorised
officer.
27. Delegation by Secretary
The Secretary may in writing delegate any of the
15 powers conferred on the Secretary under this Act,
other than this power of delegation, to--
(a) a person employed under Part 3 of the
Public Sector Management and
Employment Act 1998;
20 (b) a body corporate established under an Act
for a public purpose.
28. Regulations
The Governor in Council may make regulations
for or with respect to any matter or thing that is
25 required or permitted by this Act to be prescribed
or that is necessary or convenient to be prescribed
for carrying out or giving effect to this Act.
__________________
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Major Events (Crowd Management) Act 2003
Act No.
Part 6--Consequential Amendments
s. 29
PART 6--CONSEQUENTIAL AMENDMENTS
29. Australian Grands Prix Act 1994
(1) In section 20(f) of the Australian Grands Prix
Act 1994, after "this Act" insert "or any other
5 Act".
(2) In section 21(1) of the Australian Grands Prix
Act 1994, after "this Act" (where first occurring)
insert "or any other Act".
30. Melbourne Cricket Ground Act 1933
10 For section 7(1) of the Melbourne Cricket
Ground Act 1933 substitute--
"(1) The function of the Trust is--
(a) to manage and control and make
improvements to the Ground at the
15 Trust's discretion; and
(b) to carry out any other function
conferred on or given to the Trust by or
under any other Act.".
31. Melbourne and Olympic Parks Act 1985
20 In section 6(1) of the Melbourne and Olympic
Parks Act 1985--
(a) in paragraph (g), for "lands." substitute
"lands; and";
(b) after paragraph (g) insert--
25 "(h) to carry out any other function
conferred on or given to the Trust by or
under any other Act.".
22
551019B.I1-21/3/2003 BILL LA CIRCULATION 25-10-2004
Major Events (Crowd Management) Act 2003
Act No.
Part 6--Consequential Amendments
s. 32
32. State Sport Centres Act 1994
(1) After section 6(dc) of the State Sport Centres
Act 1994 insert--
"(dd) to carry out any other function conferred on
5 or given to the Trust by or under any other
Act;".
(2) In section 22(a) of the State Sport Centres Act
1994, after "this Act" insert "or any other Act".
23
551019B.I1-21/3/2003 BILL LA CIRCULATION 25-10-2004
Major Events (Crowd Management) Act 2003
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
24
551019B.I1-21/3/2003 BILL LA CIRCULATION 25-10-2004
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