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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Major Sporting Events Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 Act binds the Crown 21
5 Extraterritorial operation 21
6 Application of Act 21
PART 2--ORDERS, DECLARATIONS AND GUIDELINES 22
Division 1--Major sporting event orders 22
7 Governor in Council may make major sporting event order 22
8 Content of major sporting event order 22
9 Minister to consider certain criteria before making
recommendation for major sporting event order 24
10 Major sporting event order--event areas 25
11 Major sporting event order--aerial advertising event 27
12 Major sporting event order--commercial arrangements 28
13 Consultation prior to making major sporting event order 29
14 Major sporting event order that specifies reserved land 29
Division 2--Acts non-application orders 30
15 Acts non-application order 30
16 Consultation prior to making Acts non-application order 30
Division 3--No compensation orders 31
17 No compensation order 31
18 No compensation payable 31
Division 4--General matters relating to orders 32
19 Multiple orders for one event 32
20 Date on which order takes effect 32
21 Describing land in orders 32
22 Orders to be laid before Parliament and certain orders subject
to disallowance 32
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23 Scope of orders 34
24 Amendment and revocation of orders 34
Division 5--Major sporting events guidelines 34
25 Major sporting events guidelines 34
26 Failure to comply with major sporting events guidelines 35
PART 3--COMMERCIAL ARRANGEMENTS 36
Division 1--Application of Part 36
27 Application of commercial arrangements provisions 36
28 Part does not derogate from other rights 36
29 Part does not affect rights relating to use of business or
company names 37
30 Part does not affect rights in respect of passing off 37
Division 2--Authorising use of logos, images and references 38
31 Minister may declare protected event logos or images or
protected event references 38
32 Event organiser may authorise use of protected event logos
or images or protected event references 39
33 Minister may authorise non-commercial use of protected
event logos or images or protected event references 39
34 What can an authorisation contain? 40
35 Register of authorisations 40
36 Use of protected event logos, images and references which
do not need authorisation 41
37 Offence to engage in conduct that suggests sponsorship,
approval or affiliation 42
38 Offence to use protected event logos or images or protected
event references without authorisation 43
39 Meaning of marked with logos or images or references 44
Division 3--Authorised broadcasting 45
40 Event organiser may authorise broadcasting 45
41 Application for broadcasting authorisation 46
42 What can a broadcasting authorisation contain? 46
43 Offence to broadcast without broadcasting authorisation 46
44 Offence to make recording without broadcasting authorisation 47
Division 4--Enforcement 48
45 Injunctions 48
46 Power to rescind or vary injunctions 49
47 Power of court to require corrective advertising 49
48 Actions for damages 50
49 Account of profits 51
50 No entitlement to both damages and account of profits 51
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Division 5--Seizure and forfeiture 51
51 Seizure of goods and advertising material during commercial
arrangements period 51
52 Seized goods or advertising material to be given to Office of
Sport and Recreation Victoria 52
53 Voluntary forfeiture to Crown 53
54 Seizure of broadcasting equipment 54
55 Seized broadcasting equipment to be given to Office of Sport
and Recreation Victoria 56
56 Return of broadcasting equipment within 28 days 56
57 Application to Magistrates' Court for return of broadcasting
equipment 56
58 Power for event organiser to retain film etc. for up to 6 months 57
59 Recovery of things seized and compensation 58
60 Court may order forfeiture to the Crown 59
PART 4--CROWD MANAGEMENT 61
Division 1--Application of Part 61
61 Application of crowd management provisions 61
Division 2--Managing crowd behaviour 61
62 Offence to possess prohibited items 61
63 Offence to possess lit distress signal or fireworks 62
64 Offence to throw lit distress signal or firework 62
65 Offence to possess unlit distress signal or fireworks 62
66 Alcohol in event venues and event areas 62
67 Entry into sporting competition space 63
68 Offence to throw or kick projectiles 63
69 Offence to damage or deface 64
70 Offence to damage flora 64
71 Offence to block stairs, exits or entries 65
72 Offence to climb on fence, barrier or barricade 65
73 Offence to obstruct view of seated person 65
74 Offence to climb roof or parapet of building 65
Division 3--Authorisations 66
75 Venue manager or event organiser may authorise certain
activities 66
76 What can an authorisation contain? 67
77 Offence to fail to comply with terms and conditions 68
78 Production of authorisation 68
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Division 4--Dealing with prohibited items 68
79 Powers of venue managers to prohibit other items 68
80 Surrender or confiscation of prohibited items 69
81 Police may retain or otherwise deal with prohibited item for
purpose of proceedings 70
82 Storage of surrendered items or confiscated items at event
venues 71
Division 5--Dealing with offenders 73
83 Direction to leave event venue or event area 73
84 Directions to leave--disruptive behaviour etc. 74
85 Refusal to leave event venue or event area and re-entry 74
86 Repeat offenders 75
87 Ban orders 77
88 Power to require name and address 79
89 Refusal to give name and address 80
90 Inspection 80
Division 6--Infringements 82
91 Infringement notices, penalties and offences 82
PART 5--APPLICATION OF OTHER ACTS 83
92 Application of Part 83
93 Planning and Environment Act 1987 83
94 Heritage Act 1995 83
95 Environment Effects Act 1978 83
96 Coastal Management Act 1995 83
97 Crown Land (Reserves) Act 1978 and Land Act 1958 84
98 Building Act 1993 84
99 Limitation on powers to make local laws 85
100 Noise and light 86
PART 6--GENERAL OPERATIONAL ARRANGEMENTS 87
Division 1--Application of Part 87
101 Application 87
Division 2--Access control by event organiser 87
102 Event organiser to manage event venues and event areas
during operational arrangements period 87
Division 3--Removal of offenders by police 88
103 Power to remove offenders 88
104 Interference with activities 89
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Division 4--Vehicle and vessel access and removal 89
105 Vehicles and vessels in event venue or event area 89
106 Parking or leaving vehicles or mooring or anchoring vessels
in an event venue or event area 89
107 Removal of vehicles or vessels obstructing event venue or
event area 90
Division 5--Road closures and road modifications 92
108 Definition of traffic 92
109 Temporary closure of roads 92
110 Temporary modification of roads 93
111 Duration of powers 95
112 Deemed permit under section 99B of Road Safety Act 1986 95
113 Road Safety Act 1986 not to apply 95
Division 6--Restoration of areas 96
114 Event venues and event areas to be restored to reasonable
condition 96
PART 7--ADVERTISING OTHER THAN AERIAL
ADVERTISING 97
115 Application 97
116 Prohibition of unauthorised advertising 97
117 Offence to display unauthorised advertising on vessels 98
118 Event organiser may authorise advertising on vessels 99
119 Application for advertising on vessels authorisation 100
120 What can an advertising on vessels authorisation contain? 100
121 Injunctions to restrain conduct 100
122 Power to rescind or vary injunctions 102
123 Action for damages 102
PART 8--AERIAL ADVERTISING 104
Division 1--Application 104
124 Application of aerial advertising provisions 104
Division 2--Aerial advertising 104
125 Offence to display unauthorised aerial advertising 104
126 Application for aerial advertising authorisation 105
127 Secretary may authorise aerial advertising 105
128 Notification of aerial advertising authorisations 106
129 Content of aerial advertising authorisation 107
130 Delegation under this Division by Secretary 107
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Division 3--Remedies 108
131 Injunctions to restrain conduct 108
132 Power to rescind or vary injunctions 109
133 Action for damages 109
Division 4--Aerial advertising inspection powers 110
134 Search warrant 110
135 Announcement before entry 113
136 Copy of warrant to be given to occupier 113
137 Seizure of things not mentioned in the warrant 113
138 Receipt must be given for any thing seized 114
139 Copies of certain seized things to be given 114
140 Use of equipment to examine or process things 115
141 Use or seizure of electronic equipment at premises 116
142 Return of seized things 117
143 Court may extend period 117
144 Power of authorised officer to require information or
documents 118
145 False or misleading information 119
146 Protection against self-incrimination 119
147 Entry to be reported to the Secretary 119
148 Register of exercise of powers of entry 120
149 Complaints 120
150 Disclosure of information 120
PART 9--SPORTS EVENT TICKETING 122
Division 1--Sports ticketing event declarations 122
151 Notice of intention to make a sports ticketing event
declaration 122
152 Sports ticketing event declaration 122
153 Minister may revoke sports ticketing event declaration 123
Division 2--Approval of ticket schemes 124
154 Requirement to lodge a ticket scheme proposal for sports
ticketing event 124
155 Further details and extensions 124
156 Replacement ticket scheme proposal 125
157 Decision to approve a ticket scheme 125
158 Ticket scheme proposal for an event that has not been
declared 127
159 Replacement proposal if declaration applies to the event
generally 128
160 Authorisations to sell or distribute tickets 129
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161 Variation of approved ticket scheme 130
162 Cancellation of approval of ticket scheme 130
163 Ticketing guidelines 130
Division 3--Offences 131
164 Holding event before there is an approved ticket scheme 131
165 Failing to comply with an approved ticket scheme 133
166 Selling event tickets contrary to the ticket conditions 134
167 Charges may only be filed by the Secretary 135
Division 4--Other matters 135
168 VCAT review of certain decisions 135
169 Delegation by Secretary 136
Division 5--Enforcement of this Part 136
170 Entry or search of premises with consent or with a warrant 136
171 Announcement before entry 138
172 Court order to answer questions or produce information or
documents 139
173 Seizure etc. of documents under the order 140
174 Copies of seized documents 142
175 Return of seized documents or things 142
176 Protection against self-incrimination 143
177 Offence of giving false or misleading information 143
178 Entry to be reported to Secretary 144
179 Complaints about exercise of powers 144
180 Service and sending of documents under this Part 144
181 Confidentiality 145
182 Requirement to publish or produce information 145
PART 10--AUTHORISED OFFICERS 147
183 Appointment of authorised officers 147
184 Identification of authorised officers 148
185 Offence to hinder or obstruct authorised officer 149
186 Offence to impersonate authorised officer 149
187 Delegation by Secretary 149
PART 11--ENFORCEMENT 150
188 Who can bring proceedings for offences? 150
189 Offences by bodies corporate 150
190 Conduct by officers, employees or agents 151
191 Actions by firms and unincorporated association 153
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PART 12--MISCELLANEOUS 154
192 Interaction with Australian Grands Prix Act 1994 154
193 Service of documents 155
194 Regulations 156
PART 13--CONSEQUENTIAL AND OTHER AMENDMENTS,
TRANSITIONAL PROVISIONS AND REPEALS 159
Division 1--Consequential and other amendments 159
195 Australian Grands Prix Act 1994 159
196 Magistrates' Court Act 1989--Major Events (Crowd
Management) Act 2003 159
197 Magistrates' Court Act 1989--clause 65 of Schedule 4
substituted 159
65 Major Sporting Events Act 2009 159
198 Magistrates' Court Act 1989--Major Events (Aerial
Advertising) Act 2007 160
199 World Swimming Championships Act 2004 160
Division 2--Repeals and transitional provisions 160
200 Repeal of Acts 160
201 Interpretation of Legislation Act 1984 161
202 Major Events (Crowd Management) Act 2003--transitional
provisions 161
203 Major Events (Aerial Advertising) Act 2007--transitional
provisions for specified events 162
204 Sports Event Ticketing (Fair Access) Act 2002--transitional
provisions 162
205 Authorised officers 163
206 Regulations dealing with transitional matters 164
ENDNOTES 165
561269B.I-25/2/2009 viii BILL LA INTRODUCTION 25/2/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Major Sporting Events Bill 2009
A Bill for an Act to re-enact with amendments and to consolidate into
one Act the law relating to major sporting events and to venues for
events, to repeal the Major Events (Aerial Advertising) Act 2007,
the Major Events (Crowd Management) Act 2003 and the Sports
Event Ticketing (Fair Access) Act 2002, to consequentially amend
other Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to re-enact with amendments and to
5 consolidate into one Act the law relating to
major sporting events and to venues for
events;
561269B.I-25/2/2009 1 BILL LA INTRODUCTION 25/2/2009
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Part 1--Preliminary
s. 2
(b) to repeal the Major Events (Aerial
Advertising) Act 2007, the Major Events
(Crowd Management) Act 2003 and the
Sports Event Ticketing (Fair Access) Act
5 2002 and consequentially amend other Acts.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Definitions
10 (1) In this Act--
Acts non-application order means an order made
under section 15;
advertising means any form of communication
(including selling or giving away any goods
15 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
20 services--
and includes--
(d) a banner or other sign towed by or
attached to a vessel;
(e) matter displayed on a vessel, other than
25 its normal markings and livery;
(f) matter displayed on a flag, other than a
state or national flag, that has an area of
more than 5 square metres;
(g) any laser or digital projection of
30 advertising that is not aerial;
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advertising limitation period in relation to a major
sporting event to which Part 7 applies
means--
(a) the period--
5 (i) starting 7 days before the major
sporting event starts; and
(ii) ending 2 days after the major
sporting event ends; or
(b) if a different period is specified in a
10 major sporting event order, a period
specified in that order to be an
advertising limitation period for that
major sporting event;
advertising on vessels authorisation means an
15 authorisation given by an event organiser
under section 118;
aerial advertising includes--
(a) skywriting or sign writing by an
aircraft;
20 (b) a banner or other sign towed by or
attached to an aircraft;
(c) matter displayed on an aircraft, other
than its normal markings and livery
identifying the operator of that aircraft
25 or the manufacturer of that aircraft;
(d) matter displayed on--
(i) a hang glider, parachute,
paraglider or similar device, other
than its normal markings; or
30 (ii) a banner or sign attached to a hang
glider, parachute, paraglider or
similar device;
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Part 1--Preliminary
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(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
5 advertising;
aerial advertising authorisation means an
authorisation given under section 127(1);
aerial advertising event means--
(a) the Boxing Day cricket test;
10 (b) the Australian Open Tennis
Championships;
(c) the Australian Formula One Grand
Prix;
(d) the Australian Motorcycle Grand Prix;
15 (e) the AFL Grand Final;
(f) a match in the AFL Finals Series;
(g) Caulfield Cup Day;
(h) Cox Plate Day;
(i) the Melbourne Cup Carnival;
20 (j) an event specified in a major sporting
event order as an aerial advertising
event;
aerial advertising limitation time means--
(a) in relation to the Boxing Day cricket
25 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
30 event;
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Part 1--Preliminary
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(c) in relation to the Australian Formula
One Grand Prix, from the later of--
(i) the opening time fixed by
regulations made under the
5 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
10 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,
15 from 9.00 a.m. until 7.00 p.m. on the
day of that event;
(f) in relation to a match in the AFL Finals
Series, from 4 hours before the
advertised starting time of the match
20 until 2 hours after the actual end of the
match on the day of that match;
(g) in relation to Caulfield Cup Day, from
2 hours before the advertised starting
time of the first race until 2 hours after
25 the actual starting time of the last race
on the day of that event;
(h) in relation to Cox Plate Day, from
2 hours before the advertised starting
time of the first race until 2 hours after
30 the actual starting time of the last race
on the day of that event;
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(i) 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
5 time of the last race on each day of that
event;
(j) in relation to an event specified in a
major sporting event order as an aerial
advertising event, the aerial advertising
10 limitation time specified in that order;
aerial advertising venue means--
(a) in relation to the Boxing Day cricket
test, the MCG;
(b) in relation to the Australian Open
15 Tennis Championships, Melbourne
Park;
(c) in relation to the Australian Formula
One Grand Prix, the area declared by
notice under section 27 of the
20 Australian Grands Prix Act 1994 in
respect of the year specified in that
notice;
(d) in relation to the Australian Motor
Cycle Grand Prix, the Phillip Island
25 Grand Prix Circuit;
(e) in relation to the AFL Grand Final, the
MCG;
(f) in relation to a match in the AFL Finals
Series, the MCG or Docklands
30 Stadium, as the case requires;
(g) in relation to Caulfield Cup Day, the
Caulfield Racecourse;
(h) in relation to Cox Plate Day, the
Moonee Valley Racecourse;
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Part 1--Preliminary
s. 3
(i) in relation to the Melbourne Cup
Carnival, the Flemington Racecourse;
(j) in relation to an event specified in a
major sporting event order as an aerial
5 advertising event, the venue specified
in that order as an aerial advertising
venue for that event;
AFL Finals Series means any matches played
between the end of the home and away
10 rounds of the AFL Premiership season and
the AFL Grand Final to determine the
participants in the AFL Grand Final and held
at the MCG or Docklands Stadium,
including any Qualifying Finals, Semi-Finals
15 and Preliminary Finals;
AFL Grand Final means the Australian Football
League Grand Final;
aircraft includes an airship, a blimp, a hot-air
balloon, a helicopter or an ultra-light aircraft;
20 Albert Park has the same meaning as it has in
section 3 of the Australian Grands Prix
Act 1994;
approved ticket scheme for a sports ticketing
event means a ticket scheme for the event
25 that is currently approved by the Minister
under section 157;
Australian Formula One Grand Prix has the
same meaning as "Formula One event" has
in the Australian Grands Prix Act 1994;
30 Australian Grand Prix Corporation means the
Australian Grand Prix Corporation
established by the Australian Grands Prix
Act 1994;
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Part 1--Preliminary
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Australian Motorcycle Grand Prix has the same
meaning as "Australian Motorcycle Grand
Prix event" has in the Australian Grands
Prix Act 1994;
5 Australian Open Tennis Championships means
the Grand Slam tennis championships
conducted annually by Tennis Australia in
Melbourne;
authorised applicant, in Division 4 of Part 3,
10 means--
(a) the event organiser of an event to which
Part 3 applies;
(b) any person authorised by Part 3 or any
other law to use protected event logos
15 or images or protected event references
in relation to an event to which Part 3
applies;
(c) the holder of a broadcasting
authorisation;
20 authorised officer means a person appointed as an
authorised officer under section 183 and, in
Part 4, includes a member of the police
force;
ban order means an order imposed by a court
25 under section 87;
Bob Jane Stadium means the stadium shown
shaded grey on lodged plan LEGL./05398
lodged in the Central Plan Office maintained
under the Survey Co-ordination Act 1958;
30 Boxing Day cricket test means the cricket test
match held at the MCG commencing on
26 December in each year;
broadcasting authorisation means an
authorisation under section 40;
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broadcasting equipment means equipment used--
(a) to broadcast, telecast or transmit by any
means whatever any sound or image; or
(b) to make a sound recording; or
5 (c) to make a recording of moving images,
whether by film, television, video,
digitally or otherwise--
and includes a film, digitally recorded
images and a sound recording;
10 Caulfield Cup Day means the third Saturday
before Melbourne Cup Day;
Caulfield Racecourse means the land described in
item 2 of Schedule 2 to the Racing Act
1958;
15 commercial arrangements period in relation to a
major sporting event to which Part 3 applies
means--
(a) the period--
(i) starting 3 months before the major
20 sporting event starts; and
(ii) ending one month after the major
sporting event ends; or
(b) if a different period is specified in a
major sporting event order, a period
25 specified in that order to be a
commercial arrangements period for
that major sporting event;
Cox Plate Day means the second Saturday before
Melbourne Cup Day;
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crowd management period in relation to a major
sporting event to which Part 4 applies
means--
(a) the period--
5 (i) starting 7 days before the major
sporting event starts; and
(ii) ending 2 days after the major
sporting event ends; or
(b) if a different period is specified in a
10 major sporting event order, a period
specified in that order to be a crowd
management period for that major
sporting event;
dangerous goods has the same meaning as in
15 section 3(1) of the Dangerous Goods Act
1985;
Department means the Department of Planning
and Community Development;
distress signal means a pyrotechnic device
20 intended for signalling, warning, rescue or
similar purposes, and includes marine flares
and signals, landing flares, highway fusees,
line-carrying rockets, anti-hail rockets, cloud
rockets, avalanche rockets and smoke
25 generators;
Docklands Stadium means the stadium in the area
bounded by La Trobe Street, Wurundjeri
Way, Bourke Street and Harbour Esplanade
in the docklands area within the meaning of
30 the Docklands Act 1991;
event area means an area of land that is specified
in a major sporting event order to be an event
area for the purposes of a major sporting
event;
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Part 1--Preliminary
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event organiser, other than in Part 9, 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 Finals Series and
15 the AFL Grand Final, the 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) a person specified as the event
organiser for a major sporting event in
a major sporting event order;
event venue means--
30 (a) the MCG;
(b) Phillip Island Grand Prix circuit;
(c) the Docklands Stadium;
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(d) the Melbourne Sports and Aquatic
Centre land;
(e) the State Netball and Hockey Centre
land;
5 (f) national tennis centre land;
(g) Olympic Park land;
(h) the Bob Jane Stadium;
(i) any venue specified as an event venue
in a major sporting event order;
10 (j) an area of land that is specified as an
event venue in a major sporting event
order;
Note
The definition of land in section 38 of the
15 Interpretation of Legislation Act 1984 includes land
covered by water.
facilities includes demountable or temporary
pools, grandstands, media facilities, spectator
facilities, competitor facilities and
20 commercial, franchise or entertainment
facilities, broadcasting facilities, timing
facilities and other facilities for the operation
or conduct of an event;
firm means a partnership or other unincorporated
25 body but does not include a trust;
Flemington Racecourse means the land described
in item 4 of Schedule 2 to the Racing Act
1958;
football includes soccer;
30 laser pointer means a hand-held article designed
or adapted to emit laser beams;
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major sporting event means--
(a) the Australian Open Tennis
Championships;
(b) any Australian Football League match
5 held at the MCG or the Docklands
Stadium;
(c) any international or interstate cricket
match held at the MCG or the
Docklands Stadium;
10 (d) any international, national or state
league football match held at an event
venue;
(e) any event specified in a major sporting
event order as a major sporting event--
15 and includes any opening ceremony or
closing ceremony, parade or similar activity
or event connected with the major sporting
event and specified in a major sporting event
order applying to the major sporting event;
20 major sporting event order means an order made
under section 7;
major sporting events guidelines means the
guidelines issued by the Minister under
section 25;
25 MCG has the same meaning as Ground has in the
Melbourne Cricket Ground Act 2009;
Melbourne Cup Carnival means the event that
consists of the following race meetings--
(a) Victoria Derby Day;
30 (b) Melbourne Cup Day;
(c) Oaks Day;
(d) Stakes Day;
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Melbourne Cup Day means the first Tuesday in
November;
Melbourne Park has the same meaning as it has
in the Melbourne and Olympic Parks Act
5 1985;
Melbourne Sports and Aquatic Centre land has
the same meaning as in the State Sport
Centres Act 1994;
Moonee Valley Racecourse means the land
10 described in item 7 of Schedule 2 to the
Racing Act 1958;
national tennis centre land has the same meaning
as in the Melbourne and Olympic Parks
Act 1985;
15 no compensation order means an order made
under section 17;
Oaks Day means the first Thursday after
Melbourne Cup Day;
Office of Sport and Recreation Victoria means
20 staff of the Department of Planning and
Community Development engaged in the
administration of this Act;
Olympic Park land has the same meaning as in
the Melbourne and Olympic Parks Act
25 1985;
operational arrangements period in relation to a
major sporting event to which Part 6 applies
means--
(a) the period--
30 (i) starting 3 months before the major
sporting event starts; and
(ii) ending one month after the major
sporting event ends; or
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Part 1--Preliminary
s. 3
(b) if a different period is specified in a
major sporting event order, a period
specified in that order to be an
operational arrangements period for
5 that major sporting event;
person includes an unincorporated association and
a firm;
Note
See also section 38 of the Interpretation of
10 Legislation Act 1984.
Phillip Island Grand Prix circuit has the same
meaning as it has in the Australian Grands
Prix Act 1994;
prohibited item means--
15 (a) an animal, other than--
(i) if a person is blind, deaf or
otherwise suffering a disability, a
guide dog used by that person or
to assist that person; or
20 (ii) a police dog or a police horse; or
(iii) an animal competing or
participating in a major sporting
event;
(b) a laser pointer;
25 (c) a distress signal;
(d) dangerous goods;
(e) a prohibited weapon within the
meaning of the Control of Weapons
Act 1990;
30 (f) a controlled weapon within the
meaning of the Control of Weapons
Act 1990, the possession of which
561269B.I-25/2/2009 15 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 1--Preliminary
s. 3
would constitute an offence under that
Act;
(g) a firearm within the meaning of the
Firearms Act 1996;
5 (h) a bicycle (other than a police bicycle or
a bicycle for use in competing or
participating in a major sporting event),
scooter, skateboard, roller skates or
roller blades;
10 (i) a firework;
(j) a horn or bugle;
(k) a whistle or loud hailer;
(l) a flag or banner which--
(i) is larger than 1 metre by 1 metre;
15 or
(ii) has a handle longer than 1 metre;
(m) any items which are in such a quantity
that a reasonable person could infer that
those items are to be used for
20 commercial purposes;
(n) a public address system, electronic
equipment, broadcast equipment or
similar device which may interfere with
broadcast equipment or similar devices
25 being used by the event organiser or a
person authorised by the event
organiser or otherwise under this Act to
use such equipment or devices;
protected event logo or image means any logo,
30 image, mascot, emblem or other design
which is prescribed to be a protected event
logo or image or declared under section 31 to
be a protected event logo or image or any
561269B.I-25/2/2009 16 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 1--Preliminary
s. 3
part of such logo, image, mascot, emblem or
other design;
protected event reference means any words,
expression or figures that are prescribed to
5 be protected event references or declared
under section 31 to be protected event
references, including any combination of
those references, whether with or without
other words, expression or figures;
10 Secretary means the person who for the time
being is the Department Head under the
Public Administration Act 2004 of the
Department of Planning and Community
Development;
15 sponsorship-like arrangement, in Part 3, means--
(a) a right to associate a person or a
person's goods or services with--
(i) a major sporting event to which
that Part applies; or
20 (ii) the event organiser of a major
sporting event to which that Part
applies; or
(iii) any event or activity associated
with a major sporting event to
25 which that Part applies;
(b) an affiliation or association (whether
commercial or non-commercial) with--
(i) a major sporting event to which
that Part applies; or
30 (ii) the event organiser of a major
sporting event to which that Part
applies; or
561269B.I-25/2/2009 17 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 1--Preliminary
s. 3
(iii) any event or activity associated
with a major sporting event to
which that Part applies;
sporting competition space includes, but is not
5 limited to--
(a) a playing field;
(b) a track;
(c) an arena;
(d) a court or a rink;
10 (e) a swimming pool or diving pool;
(f) a road which is being used for a major
sporting event;
(g) an area of open water which is being
used for a major sporting event;
15 (h) any area delineated as sporting
competition space for a major sporting
event;
(i) any area for the official use of
participants in, or persons officiating at,
20 a match, game, sport or an event;
sports event, in Part 9, means--
(a) a type of match, game or other event; or
(b) a series of matches, games or other
events; or
25 (c) a tournament--
involving the playing of sport (whether or
not for competition) at a ground or other
place (whether indoors or outdoors) to which
persons are admitted on payment of a fee or
30 charge, or after making a donation, to view
the playing of the sport or to enter or remain
at the ground or place and, in the case of a
561269B.I-25/2/2009 18 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 1--Preliminary
s. 3
sports event that consists of a series of
matches, games or other events or a
tournament, includes any opening or closing
ceremonies connected with the series or
5 tournament;
sports event organiser, in Part 9, means a
person--
(a) who is responsible (whether fully or
substantially) for--
10 (i) the organisation and holding of a
sports event; and
(ii) the receipt of revenue from the
sports event; or
(b) to whom an order under subsection (2)
15 applies;
sports ticketing event means--
(a) a sports event to which a sports
ticketing event declaration applies; and
(b) if an event referred to in paragraph (a)
20 is to be replayed or rescheduled for any
reason, includes the replaying of the
event or the rescheduled event;
sports ticketing event declaration means a
declaration made under section 152;
25 Stakes Day means the first Saturday after
Melbourne Cup Day;
State Netball and Hockey Centre land has the
same meaning as in the State Sport Centres
Act 1994;
30 swimming pool includes an area designated for
use for open-water swimming;
561269B.I-25/2/2009 19 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 1--Preliminary
s. 3
ticket scheme for a sports ticketing event or a
sports event means a scheme concerning the
sale and distribution of tickets to the event;
ticket scheme proposal for a sports ticketing event
5 or a sports event means a proposal by the
sports event organiser that sets out details of
the ticket scheme for the event;
ticketing guidelines means the guidelines issued
by the Minister under section 163;
10 vehicle has the same meaning as it has in
section 3(1) of the Road Safety Act 1986;
venue manager means the person who is
responsible (whether fully or substantially)
for--
15 (a) the organisation and use of the venue;
or
(b) the receipt of revenue from the venue;
vessel has the same meaning as it has in
section 3(1) of the Marine Act 1988;
20 Victoria Derby Day means the first Saturday
before Melbourne Cup Day;
works includes--
(a) installation of services or facilities;
(b) construction and removal of temporary
25 demountable structures or facilities;
(c) relocation of buildings, structures or
facilities.
(2) For the purposes of the definition of sports event
organiser, the Minister, by order published in the
30 Government Gazette, may declare a person to be a
sports event organiser if the Minister is of the
opinion that, for a particular sports event, the
561269B.I-25/2/2009 20 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 1--Preliminary
s. 4
person is responsible (whether fully or
substantially) for--
(a) the organisation and holding of the sports
event; and
5 (b) the receipt of revenue from the sports event.
4 Act binds the Crown
This Act binds the Crown, not only in right of
Victoria, but also, as far as the legislative power
of the Parliament permits, the Crown in all its
10 other capacities.
5 Extraterritorial operation
It is the intention of the Parliament that, as far as
the legislative power of the Parliament permits,
the operation of this Act includes operation in
15 relation to acts, transactions and matters done,
entered into or occurring outside Victoria, whether
in or outside Australia.
6 Application of Act
If any Part or provision of this Act applies to a
20 major sporting event or an event venue or event
area, Part 1, Part 2, Part 10, Part 11, Part 12 and
Part 13 also apply to the extent necessary for the
effective operation of the relevant Part or
provision.
__________________
561269B.I-25/2/2009 21 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 2--Orders, Declarations and Guidelines
s. 7
PART 2--ORDERS, DECLARATIONS AND GUIDELINES
Division 1--Major sporting event orders
7 Governor in Council may make major sporting
event order
5 (1) Subject to this Part, on the recommendation of the
Minister, the Governor in Council may make an
order that an event is a major sporting event for
the purposes of this Act.
(2) A major sporting event order must be published in
10 the Government Gazette.
8 Content of major sporting event order
(1) A major sporting event order must specify--
(a) the event which is the major sporting event;
and
15 (b) the venue which is the event venue for that
major sporting event.
(2) In addition, a major sporting event order may
specify--
(a) a person to be an event organiser for the
20 major sporting event;
(b) an area of land to be an event area for the
event venue or the major sporting event;
(c) an event to be an aerial advertising event;
(d) the period or periods during which the event
25 is to be conducted;
(e) if Part 4 applies, the crowd management
period or crowd management periods, as the
case requires, if the period is or periods are
different to the period in paragraph (a) of the
30 definition of crowd management period;
561269B.I-25/2/2009 22 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 2--Orders, Declarations and Guidelines
s. 8
(f) if Part 6 applies, the operational
arrangements period or operational
arrangements periods, as the case requires, if
the period is or periods are different to the
5 period in paragraph (a) of the definition of
operational arrangements period;
(g) if Part 7 applies, the advertising limitation
period or advertising limitation periods, as
the case requires, if the period is or periods
10 are different to the period in paragraph (a) of
the definition of advertising limitation
period;
Note
See section 12 for commercial arrangements periods.
15 (h) a period of time or specified dates during
which the order applies or does not apply;
(i) the specified Parts or provisions of the Act
which apply, or do not apply, in relation to
the major sporting event specified in the
20 order;
(j) the specified Parts or provisions of the Act
which apply, or do not apply, in relation to
any person, venue or period of time specified
in the order;
25 (k) that members of the police force are to
exercise enforcement powers under Part 3,
Part 6, Part 7 or Part 8 in relation to an event,
venue or period of time specified in the
order;
30 (l) any opening ceremony or closing ceremony,
parade or similar activity or event connected
with the major sporting event to be part of
the major sporting event; or
(m) any combination of the matters referred to in
35 paragraphs (a) to (l).
561269B.I-25/2/2009 23 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 2--Orders, Declarations and Guidelines
s. 9
9 Minister to consider certain criteria before making
recommendation for major sporting event order
(1) Before recommending to the Governor in Council
that a major sporting event order be made, the
5 Minister must be of the opinion that--
(a) it is in the public interest to make the order
and
(b) the event in respect of which the order is to
be made is a major event at an international,
10 national or State level.
(2) In addition to the matters specified in subsection
(1), in determining whether to recommend the
making of a major sporting event order and the
scope of that order, the Minister is to have regard
15 to the following--
(a) the size of the event;
(b) the likely number of spectators for the event;
(c) the likely media coverage of the event;
(d) the projected economic impact of the event;
20 (e) the contribution to Victoria's international
profile as a host of major events;
(f) the commercial arrangements for the event;
(g) the event management experience and
expertise of the event organiser;
25 (h) the factors affecting the operational
organisation of the event, including measures
taken or to be taken by the event organiser in
relation to the planning of the event such
as--
30 (i) preparation of traffic and transport
management plans;
561269B.I-25/2/2009 24 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 2--Orders, Declarations and Guidelines
s. 10
(ii) emergency management plans;
(iii) security plans and consultation with
police and emergency services;
(i) the views of municipal councils directly
5 affected by the event in relation to the
arrangements made or to be made for the
event;
(j) the consultation and agreements between the
event organiser and affected municipal
10 councils in relation to the event, including
any agreements about the restoration of
event venues and event areas.
(3) In addition to the matters specified in subsection
(1), the Minister must be of the opinion that the
15 proposed event venue--
(a) hosts, or is suitable to host, international,
national or state level events; and
(b) has, or will have for the purposes of the
event, the capacity to be set up for major
20 sporting events either permanently or
temporarily; and
(c) has, or will have for the purposes of the
event, clear entry and exit points; and
(d) has, or will have for the purposes of the
25 event, clear boundaries delineating the
sporting competition space.
10 Major sporting event order--event areas
(1) In the case of a major sporting event order which
specifies an area of land to be an event area, the
30 Minister must be of the opinion that the land is--
(a) adjacent to an event venue; or
561269B.I-25/2/2009 25 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 2--Orders, Declarations and Guidelines
s. 10
(b) required for the establishment or
management of an event venue for a major
sporting event; or
(c) required for the establishment, conduct or
5 management of a major sporting event; or
(d) required for purposes ancillary to, or in
connection with, the conduct or management
of the major sporting event or any activity
forming part of the event.
10 (2) If a major sporting event order specifies an area of
land to be an event area, the event organiser for
the major sporting event, the venue manager of
the event venue or the manager of an event area
for that event, as the case requires--
15 (a) must identify the event area by causing signs
or notices to be erected on or in close
proximity to the area stating that the area is
an event area; and
(b) may--
20 (i) demarcate an event area by the use of
fencing, barriers or other permanent or
temporary means of physical
demarcation; and
(ii) erect signs or cause signs to be erected
25 on or in close proximity to the area
stating the restrictions or conditions
(if any) which apply in relation to that
event area.
(3) Subsection (2) does not limit the power of an
30 event organiser, a venue manager or a manager of
an event area to delineate an event area by means
in addition to signs, notices, fencing or barriers.
561269B.I-25/2/2009 26 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 2--Orders, Declarations and Guidelines
s. 11
11 Major sporting event order--aerial advertising
event
(1) In the case of a major sporting event order which
specifies an event as an aerial advertising event,
5 the Minister--
(a) must be satisfied that--
(i) the event is a major event at the
international or national level; and
(ii) unauthorised aerial advertising would
10 be likely to adversely affect--
(A) the commercial arrangements of
the event; or
(B) the operations of the event; and
(b) must have regard to--
15 (i) the size of the event; and
(ii) the likely media coverage of the event;
and
(iii) the projected economic impact of the
event; and
20 (iv) the contribution to Victoria's
international profile as a host of major
events.
(2) In addition to the matters set out in section 8, a
major sporting event order which specifies an
25 event as an aerial advertising event must
specify--
(a) the aerial advertising venue for the event;
and
(b) the aerial advertising limitation time in
30 respect of each day of the event.
561269B.I-25/2/2009 27 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 2--Orders, Declarations and Guidelines
s. 12
12 Major sporting event order--commercial
arrangements
(1) In the case of a major sporting event order which
specifies that Part 3 applies to a major sporting
5 event, the Minister--
(a) must be satisfied that--
(i) the event is a major event at the
international or national level; and
(ii) the event has commercial arrangements
10 that are likely to be adversely affected
by unauthorised broadcasting or
unauthorised use of logos, images or
references, or both, as the case requires;
and
15 (b) must have regard to--
(i) the size of the event; and
(ii) the likely media coverage of the event;
and
(iii) the projected economic impact of the
20 event; and
(iv) the contribution to Victoria's
international profile as a host of major
events.
(2) In addition to the matters set out in section 8, a
25 major sporting event order which specifies that
Part 3 applies to a major sporting event--
(a) must specify the commercial arrangements
period or commercial arrangements periods
for the major sporting event, if the period is
30 or periods are different to the period in
paragraph (a) of the definition of
commercial arrangements period;
(b) may specify the time or dates in respect of
each day of the event when Part 3 applies.
561269B.I-25/2/2009 28 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 2--Orders, Declarations and Guidelines
s. 13
13 Consultation prior to making major sporting event
order
(1) If a major sporting event order is to specify that
members of the police force may exercise
5 enforcement powers under Part 3, Part 6, Part 7 or
Part 8 as specified in the order, the Minister must
consult with the Chief Commissioner of Police
before making the order.
(2) If a major sporting event order is to affect the
10 operation of any other Act, the Minister must
consult with the Minister administering that other
Act before making the order.
14 Major sporting event order that specifies reserved
land
15 (1) If a proposed major sporting event order is to
apply to 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 Crown Land (Reserves)
20 Act 1978 before making the order.
(2) If a major sporting event order is to apply to land
in Albert Park which is in a declared area within
the meaning of the Australian Grands Prix Act
1994 or a designated access area within the
25 meaning of that Act, the Minister must consult
with the Minister administering that Act before
making a major sporting event order in respect of
that land.
(3) If a proposed major sporting event order is to
30 apply to land which is unreserved Crown land, the
Minister must consult with the Minister
administering the Land Act 1958 before making
the order.
561269B.I-25/2/2009 29 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 2--Orders, Declarations and Guidelines
s. 15
Division 2--Acts non-application orders
15 Acts non-application order
(1) On the recommendation of the Minister, the
Governor in Council may make an order that any
5 Act referred to in Part 5 and specified in the order
does not apply to the development or use of an
event venue or event area for the purposes of a
major sporting event specified in the order--
(a) to the extent specified in the order; and
10 (b) for the period specified in the order.
(2) Before making a recommendation under
subsection (1), the Minister must be of the opinion
that--
(a) it is in the public interest to make the order;
15 and
(b) it is necessary to make the order--
(i) for the effective management and
conduct of the major sporting event; or
(ii) for the effective preparation or
20 management and conduct of the event
venue or an event area for that event.
(3) An Acts non-application order must be published
in the Government Gazette.
Note
25 This order is subject to tabling in Parliament and
disallowance.
16 Consultation prior to making Acts non-application
order
Before recommending that an Acts non-
30 application order be made, the Minister must
consult with the Minister administering the Act
which the Acts non-application order will affect.
561269B.I-25/2/2009 30 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 2--Orders, Declarations and Guidelines
s. 17
Division 3--No compensation orders
17 No compensation order
(1) On the recommendation of the Minister, the
Governor in Council may make an order that a
5 major sporting event is subject to section 18.
(2) Before making a recommendation under
subsection (1), the Minister must be of the opinion
that--
(a) it is in the public interest to make the order;
10 and
(b) a no compensation order is necessary to
ensure the effective management, conduct or
organisation of the major sporting event.
(3) A no compensation order must be published in the
15 Government Gazette.
Note
This order is subject to tabling in Parliament and
disallowance.
18 No compensation payable
20 On the making of a no compensation order in
respect of a major sporting event, this section
applies and no compensation is payable in respect
of any loss, damage or injury, other than the death
of, or personal injury or bodily injury to, a person,
25 resulting from or arising out of any act or
omission done in good faith by any person in the
administration or purported administration of this
Act, a provision of this Act, or the regulations in
relation to the management, conduct or
30 organisation of--
(a) the major sporting event to which a no
compensation order applies; or
561269B.I-25/2/2009 31 BILL LA INTRODUCTION 25/2/2009
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Part 2--Orders, Declarations and Guidelines
s. 19
(b) any event, activity or program associated
with the major sporting event to which a no
compensation order applies.
Division 4--General matters relating to orders
5 19 Multiple orders for one event
Without limiting the operation of this Part, more
than one order under this Part may be made in
respect of the same major sporting event.
20 Date on which order takes effect
10 An order made 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 that
later date.
15 21 Describing land in orders
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
attached to the order or lodged in the Central Plan
20 Office maintained under the Survey
Co-ordination Act 1958.
22 Orders to be laid before Parliament and certain
orders subject to disallowance
(1) The Minister must cause the following orders to
25 be laid before each House of Parliament within
7 sitting days of that House after the order is
published in the Government Gazette--
(a) a major sporting event order that applies
Part 3 to an event (commercial
30 arrangements);
561269B.I-25/2/2009 32 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 2--Orders, Declarations and Guidelines
s. 22
(b) a major sporting event order that applies
Part 7 to an event (advertising other than
aerial advertising);
(c) a major sporting event order that applies
5 Part 8 to an event (aerial advertising);
(d) an Acts non-application order;
(e) a no compensation order.
(2) A failure to comply with subsection (1) does not
affect the operation or effect of the order but the
10 Scrutiny of Acts and Regulations Committee of
the Parliament may report the failure to each
House of the Parliament.
(3) An Acts non-application order may be disallowed
in whole or in part by either House of Parliament.
15 (4) A no compensation order may be disallowed in
whole or in part by either House of Parliament.
(5) Part 5 of the Subordinate Legislation Act 1994
applies to an Acts non-application order and a no
compensation order as if--
20 (a) a reference in that Part to a "statutory rule"
were a reference to the Acts non-application
order or the no compensation order, as the
case requires; and
(b) a reference in section 23(1)(c) of that Act to
25 "section 15(1)" were a reference to
subsection (1).
(6) A reference to an Acts non-application order and a
no compensation order in this section includes a
reference to any amendment of either of those
30 orders.
561269B.I-25/2/2009 33 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 2--Orders, Declarations and Guidelines
s. 23
23 Scope of orders
An order under this Part--
(a) may be of general or limited application;
(b) may differ according to differences in time,
5 place or circumstance.
24 Amendment and revocation of orders
(1) On the recommendation of the Minister, the
Governor in Council, by order published in the
Government Gazette, may amend or revoke an
10 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
as it does to the making of an order.
Division 5--Major sporting events guidelines
15 25 Major sporting events guidelines
(1) The Minister may make guidelines in relation to
minimum event planning standards for event
organisers of major sporting events including, but
not limited to--
20 (a) traffic and transport management;
(b) emergency management;
(c) environmental impact management;
(d) event security.
(2) The Minister must ensure that the major sporting
25 events guidelines are--
(a) published in the Government Gazette; and
(b) laid before each House of the Parliament
within 10 sitting days of that House after the
guidelines are published in the Government
30 Gazette.
561269B.I-25/2/2009 34 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 2--Orders, Declarations and Guidelines
s. 26
26 Failure to comply with major sporting events
guidelines
(1) If an event organiser fails to comply with any
major sporting events guidelines applicable to the
5 major sporting event for which the event organiser
is responsible, the Minister may recommend to the
Governor in Council the making of an order under
subsection (2).
(2) On the recommendation of the Minister, the
10 Governor in Council may make an order varying
or revoking, in whole or in part, the major
sporting event order, or any other order under this
Part, that applies to the relevant event.
(3) An order under subsection (2) must be published
15 in the Government Gazette.
__________________
561269B.I-25/2/2009 35 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Part 3--Commercial Arrangements
s. 27
PART 3--COMMERCIAL ARRANGEMENTS
Division 1--Application of Part
27 Application of commercial arrangements provisions
(1) This Part only applies if a major sporting event
5 order specifies that this Part, or Division 2 of this
Part or Division 3 of this Part, applies to--
(a) a specified major sporting event; or
(b) a specified event venue in relation to that
event; or
10 (c) an event area in relation to that event.
(2) If a major sporting event order specifies that only
Division 2 of this Part or Division 3 of this Part
applies, Divisions 1, 4 and 5 of this Part also
apply to the extent necessary for the effective
15 operation of the relevant Division applying to the
major sporting event, event venue or event area,
as the case requires.
28 Part does not derogate from other rights
Nothing in this Part derogates from any rights
20 subsisting in or any remedy available to any
person under any other law or any contract or
agreement in relation to--
(a) protected event logos or images; or
(b) any other logos or images; or
25 (c) protected event references.
Note
Other laws which may give rights or provide remedies
include the Copyright Act 1968, the Trade Marks Act 1995,
the Designs Act 2003 and the Trade Practices Act 1974 of
30 the Commonwealth and the Fair Trading Act 1999.
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Major Sporting Events Bill 2009
Part 3--Commercial Arrangements
s. 29
29 Part does not affect rights relating to use of business
or company names
Nothing in this Part affects any rights conferred
on any person prior to the commencement of a
5 major sporting event order in relation to an event
to which this Part applies in relation to--
(a) a name that is registered in relation to a
business under the Business Names Act
1962 or a corresponding law of another State
10 or Territory of the Commonwealth prior to
that commencement; or
(b) a registered name of a company incorporated
under the Corporations Act prior to that
commencement.
15 30 Part does not affect rights in respect of passing off
(1) Nothing in this Part affects the use of any logos or
images or references by a person on or after the
commencement of a major sporting event order
in relation to an event to which this Part, or
20 Division 2 of this Part, applies if, immediately
before that commencement, the person would
have been entitled to prevent another person from
passing off by means of the use of the logos or
images or the references, or of similar logos or
25 images or references, goods, services or a business
as the goods, services or business of the first-
mentioned person.
(2) In an action or proceedings in respect of passing
off brought against the event organiser of an event
30 to which this Part, or Division 2 of this Part,
applies or a person authorised to use protected
event logos or images or protected event
references arising out of the use of logos or
images or references referred to in subsection (1),
35 it is a defence if the event organiser or the person
authorised to use protected event logos or images
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or protected event references satisfies the court
that at the time of the use, the event organiser or
the person authorised to use protected event logos
or images or protected event references was not
5 aware that the person bringing the action or
proceedings was entitled to prevent the passing
off.
Division 2--Authorising use of logos, images and references
31 Minister may declare protected event logos or
10 images or protected event references
(1) The Minister may declare in respect of a major
sporting event to which this Division of this Part
applies--
(a) that specified logos or images are protected
15 logos or images for that event;
(b) that specified references are protected event
references for that event.
(2) A declaration under subsection (1) must be
published in the Government Gazette.
20 (3) Before making a declaration under subsection (1),
the Minister must be satisfied that--
(a) the logos, images or references relate to and
are sufficiently connected to the identity and
conduct of the major sporting event; and
25 (b) the event has commercial arrangements that
are likely to be adversely affected by
unauthorised use of logos, images or
references.
(4) The Minister may require the event organiser of
30 an event to which this Division of this Part applies
to publish a notice in a newspaper circulating
generally in Victoria of the making of a
declaration by the Minister under this section.
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(5) A notice required to be published under
subsection (4) must be in the form and include the
information determined by the Minister.
32 Event organiser may authorise use of protected
5 event logos or images or protected event references
(1) For the purposes of this Part, the event organiser
of an event to which this Division of this Part
applies may authorise a person to use protected
event logos or images or protected event
10 references in respect of that event.
(2) An authorisation under this section must be in
writing.
33 Minister may authorise non-commercial use of
protected event logos or images or protected event
15 references
(1) For the purposes of this Part, the Minister may
authorise a person to use protected event logos or
images or protected event references in respect of
an event to which this Division of this Part applies
20 for non-commercial use.
(2) The Minister must not authorise a person under
subsection (1) unless the Minister has first
consulted with the relevant event organiser of the
event to which this Division of this Part applies.
25 (3) If the Minister authorises a person to use any
protected event logos or images or protected event
references in respect of an event to which this
Division of this Part applies, the Minister must
cause the relevant event organiser to be notified of
30 that authorisation.
(4) An authorisation under this section must be in
writing.
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34 What can an authorisation contain?
(1) An authorisation under section 32 or 33 is subject
to any terms and conditions which the event
organiser or Minister, as the case requires,
5 believes are reasonable to impose, including, but
not limited to--
(a) the duration of the authorisation;
(b) whether the authorisation applies generally
or in specified circumstances;
10 (c) whether the authorisation authorises the use
of all protected event logos or images or
protected event references or specified kinds
of protected event logos or images or
protected event references in relation to the
15 event to which this Division of this Part
applies.
(2) An authorisation under section 32 or 33 expires at
the earlier of--
(a) the expiration date specified in the
20 authorisation; or
(b) if no date is specified, 12 months after the
end of the major sporting event to which the
authorisation relates.
35 Register of authorisations
25 (1) An event organiser of an event to which this
Division of this Part applies must--
(a) maintain a register of authorisations given
under section 32 or 33; and
(b) record in the register of authorisations--
30 (i) each authorisation by the event
organiser under section 32; and
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(ii) each authorisation by the Minister
under section 33 of which the event
organiser has been notified under that
section.
5 (2) The register of authorisations must include the
following--
(a) the name of any person authorised by the
event organiser under section 32 or the
Minister under section 33 to use protected
10 event logos or images or protected event
references in relation to an event to which
this Division of this Part applies;
(b) the date of the authorisation and the period
of its duration.
15 (3) The register of authorisations may be--
(a) inspected by any person at any reasonable
time, without charge; and
(b) made available for inspection on the Internet.
36 Use of protected event logos, images and references
20 which do not need authorisation
(1) The following persons may use protected event
logos or images or protected event references
without the authorisation of the event organiser of
an event to which this Division of this Part
25 applies--
(a) the event organiser;
(b) a person who has been authorised in writing
by the Minister to use protected event logos
and images or protected event references
30 under this Part.
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(2) Subject to subsection (3), any person may use
protected event logos or images or protected event
references without the authorisation of the event
organiser or the Minister in the following
5 specified circumstances--
(a) if the use is incidental to--
(i) the provision of information, including
the reporting of news and the
presentation of current affairs; or
10 (ii) the purposes of criticism and review,
including criticism or review in a
newspaper, magazine or similar
periodical, a broadcast or a film;
(b) if the use is for--
15 (i) the purposes of professional advice; or
(ii) research or study purposes; or
(iii) educational purposes.
(3) A person referred to in subsection (2) is not
authorised to use a protected event logo or image
20 or a protected event reference if the use--
(a) is for promotional, marketing or commercial
purposes; or
(b) suggests a sponsorship-like arrangement.
37 Offence to engage in conduct that suggests
25 sponsorship, approval or affiliation
(1) A person must not engage in conduct which
would suggest to a reasonable person that goods
or services have a sponsorship, approval or
affiliation that they do not have with--
30 (a) an event to which this Division of this Part
applies; or
(b) the event organiser of an event to which this
Division of this Part applies; or
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(c) any event or activity associated with an event
to which this Division of this Part applies.
Penalty: 100 penalty units, in the case of a
natural person;
5 600 penalty units, in the case of a body
corporate.
(2) A person must not engage in conduct which
would suggest to a reasonable person that any
person has a sponsorship, approval or affiliation
10 that the person does not have with--
(a) an event to which this Division of this Part
applies; or
(b) the event organiser of an event to which this
Division of this Part applies; or
15 (c) any event or activity associated with an event
to which this Division of this Part applies.
Penalty: 100 penalty units, in the case of a
natural person;
600 penalty units, in the case of a body
20 corporate.
38 Offence to use protected event logos or images or
protected event references without authorisation
(1) A person must not use--
(a) protected event logos or images or protected
25 event references in relation to an event to
which this Division of this Part applies; or
(b) any thing that is substantially identical to or
deceptively similar to protected event logos
or images or protected event references in
30 relation to an event to which this Division of
this Part applies--
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if the use--
(c) is for commercial purposes; or
(d) is for promotional, advertising or marketing
purposes, whether or not for commercial
5 gain; or
(e) would suggest a sponsorship-like
arrangement to a reasonable person.
Penalty: 100 penalty units, in the case of a
natural person;
10 600 penalty units, in the case of a body
corporate.
(2) Subsection (1) does not apply to--
(a) any use of protected event logos or images or
protected event references that has been
15 authorised under section 32 by the event
organiser for that event; or
(b) any use of protected event logos or images or
protected event references that has been
authorised under section 33 by the Minister
20 in respect of that event; or
(c) any use of protected event logos or images or
protected event references in accordance
with section 36; or
(d) any use of protected event logos or images or
25 protected event references or any other logos
or images that is otherwise authorised by or
under this Act or any other law.
39 Meaning of marked with logos or images or
references
30 For the purposes of this Part, goods are to be taken
to be marked with protected logos or images or
protected references or any thing that is
substantially identical to or deceptively similar to
protected logos or images or protected references,
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if the logos or images or references are affixed to,
annexed to, marked on or incorporated in or
with--
(a) the goods; or
5 (b) any covering or container in which the goods
are wholly or partly enclosed; or
(c) anything placed in or attached to any
covering or container in which the goods are
wholly or partly enclosed; or
10 (d) anything that is attached to the goods or
around which the goods are wrapped or
wound.
Division 3--Authorised broadcasting
40 Event organiser may authorise broadcasting
15 (1) Subject to subsection (2), the event organiser of an
event to which this Division of this Part applies
may authorise a person to--
(a) broadcast, telecast or transmit by any means
whatever any sound or image of that event or
20 any part of that event at or from a place
within or outside the event venue or an event
area for that event; or
(b) make any sound recording or any film,
television, video or digital recording of
25 moving images of that event or any part of
that event for profit or gain, or for a purpose
that includes profit or gain, at or from a place
within or outside an event venue or an event
area for that event.
30 (2) An event organiser must not give a broadcasting
authorisation if, in the opinion of the event
organiser, the activity authorised would adversely
affect--
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(a) the organisation or conduct of the event to
which this Division of this Part applies; or
(b) any commercial arrangements relating to the
event to which this Division of this Part
5 applies.
(3) A broadcasting authorisation must be in writing.
41 Application for broadcasting authorisation
An application for a broadcasting authorisation
must be made in the manner and form determined
10 by the Secretary.
42 What can a broadcasting authorisation contain?
A broadcasting authorisation is subject to any
terms and conditions which the event organiser of
an event to which this Division of this Part applies
15 believes are reasonable to impose including but
not limited to--
(a) the duration of the authorisation;
(b) whether the authorisation applies generally
or in specified circumstances;
20 (c) whether the authorisation applies to a
specified person or persons or to a specified
class or classes of person.
43 Offence to broadcast without broadcasting
authorisation
25 (1) A person must not broadcast, telecast or transmit
by any means whatever any sound or image of an
event to which this Division of this Part applies or
any part of that event at or from a place within or
outside an event venue or an event area for that
30 event unless the person--
(a) has a broadcasting authorisation; and
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(b) is acting in accordance with that
broadcasting authorisation.
Penalty: 400 penalty units, in the case of a
natural person;
5 2400 penalty units, in the case of a
body corporate.
(2) Subsection (1) does not apply if the broadcast,
telecast or transmission is not for profit or gain, or
for a purpose that includes profit or gain and--
10 (a) is not a substantial part of the event; or
(b) is for the purpose of--
(i) criticism or review; or
(ii) parody or satire; or
(iii) the reporting of news; or
15 (iv) a judicial proceeding or the giving or
receiving of legal advice; or
(v) providing official library services for a
member of Parliament; or
(vi) private and domestic use.
20 44 Offence to make recording without broadcasting
authorisation
A person must not make any sound recording or
any film, television, video or digital recording of
moving images of an event to which this Division
25 of this Part applies or any part of that event for
profit or gain, or for a purpose that includes profit
or gain, at or from a place within or outside an
event venue or an event area for that event unless
the person--
30 (a) has a broadcasting authorisation; and
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(b) is acting in accordance with that
broadcasting authorisation.
Penalty: 400 penalty units, in the case of a
natural person;
5 2400 penalty units, in the case of a
body corporate.
Division 4--Enforcement
45 Injunctions
(1) An authorised applicant may apply to the Supreme
10 Court, County Court or Magistrates' Court for the
grant of an injunction restraining a person from
engaging in conduct that constitutes--
(a) a contravention of section 37, 38, 43 or 44;
or
15 (b) attempting or conspiring to contravene
section 37, 38, 43 or 44; or
(c) aiding, abetting, counselling or procuring a
person to contravene section 37, 38, 43
or 44; or
20 (d) inducing or attempting to induce a person,
whether by threats, promises or otherwise, to
contravene section 37, 38, 43 or 44; or
(e) being in any way, directly or indirectly,
knowingly concerned in, or party to, the
25 contravention by a person of section 37, 38,
43 or 44.
(2) A court may grant an injunction restraining a
person from engaging in conduct of the kind
referred to in paragraphs (a) to (e) of
30 subsection (1)--
(a) if the court is satisfied, on the balance of
probabilities, that the person is engaging in
or has been engaging in conduct of that kind,
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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
5 the injunction is not granted, it is likely that
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
10 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,
by consent of all the parties to the
15 proceedings, whether or not the person has
engaged in, or is likely to engage in conduct
of that kind.
(3) Pending determination of an application under this
section, the court may grant an interim injunction
20 if, in the opinion of the court, it is desirable to do
so.
(4) An application for an injunction under this section
may be made ex parte.
46 Power to rescind or vary injunctions
25 The Supreme Court, County Court or Magistrates'
Court (as the case requires) may rescind or vary
an injunction or an interim injunction granted by it
under section 45.
47 Power of court to require corrective advertising
30 (1) On the application of an authorised applicant, if a
court is satisfied, on the balance of probabilities,
that there has been a contravention of section 37,
38, 43 or 44, the court may make either or both of
the following orders--
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(a) an order requiring any person involved in the
contravention to disclose any information
which is in the person's possession or to
which the person has access, which is
5 information specified in the order or
information of a class of information
specified in the order--
(i) to the public or any person or class of
persons specified in the order; and
10 (ii) in the manner specified in the order;
(b) an order requiring any person involved in the
contravention to publish an advertisement in
the terms specified or determined in
accordance with the order--
15 (i) at the expense of the person; and
(ii) in the manner and at the times specified
in the order.
(2) A court may make an order under this section
whether or not an injunction is granted under
20 section 45.
48 Actions for damages
(1) If an authorised applicant suffers any injury or
damage because of a contravention of section 37,
38, 43 or 44, the applicant may recover the
25 amount of the loss or damage or damages in
respect of the injury by proceeding against any
person involved in the contravention.
(2) A proceeding under this section may be brought in
any court of competent jurisdiction.
30 (3) A proceeding under subsection (1) must not be
commenced more than 3 years after the date on
which the cause of action accrued.
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(4) A court may make an order under this section
whether or not an injunction is granted under
section 45.
49 Account of profits
5 (1) An authorised applicant may apply to a court for
an account of profits in respect of a contravention
of section 37, 38, 43 or 44 by proceeding against
any person involved in the contravention.
(2) A proceeding under this section may be brought in
10 any court of competent jurisdiction.
(3) A proceeding under subsection (1) must not be
commenced more than 3 years after the date on
which the cause of action accrued.
(4) A court may make an order under this section
15 whether or not an injunction is granted under
section 45.
50 No entitlement to both damages and account of
profits
An authorised applicant is not entitled to bring
20 proceedings for both damages under section 48
and an account of profits under section 49 in
respect of the same contravention of section 37,
38, 43 or 44 (as the case requires).
Division 5--Seizure and forfeiture
25 51 Seizure of goods and advertising material during
commercial arrangements period
(1) Subject to subsection (2), a member of the police
force or an authorised officer may seize goods or
advertising material if the member of the police
30 force or the authorised officer--
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(a) finds goods or advertising material that are
marked with or use--
(i) protected event logos or images or
protected event references in relation to
5 an event to which Division 2 of this
Part applies; or
(ii) any thing that is substantially identical
to or deceptively similar to protected
event logos or images or protected
10 event references in relation to an event
to which Division 2 of this Part applies;
and
(b) believes on reasonable grounds that the
marking with or use of the logos or images
15 or references or thing referred to in
paragraph (a), as the case requires, has not
been authorised under this Act or by or under
any other law.
(2) A member of the police force or an authorised
20 officer may only seize goods or advertising
material referred to in subsection (1) if the goods
or advertising material are found in an event
venue or an event area for an event to which
Division 2 of this Part applies during a
25 commercial arrangements period for that event.
52 Seized goods or advertising material to be given to
Office of Sport and Recreation Victoria
(1) A member of the police force or an authorised
officer, as the case requires, as soon as
30 practicable, must give goods or advertising
material seized under section 51 to the Office of
Sport and Recreation Victoria.
(2) Subject to subsection (3), the Office of Sport and
Recreation Victoria must retain goods or
35 advertising material seized under section 51 until
the goods or advertising material--
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(a) are forfeited to the Crown under section 53
or 60; or
(b) are returned to the person from whom they
were seized in accordance with section 59; or
5 (c) are returned to their lawful owner by court
order or otherwise.
(3) If goods or advertising material seized under
section 51 are still being retained under this
section 12 months after the date of seizure and no
10 ongoing proceedings in respect of the goods or
advertising material are in existence at that date,
the goods or advertising material are forfeited to
the Crown.
(4) If goods or advertising material are forfeited to the
15 Crown under subsection (3)--
(a) the Minister may direct that the goods or
material be disposed of in any manner that
the Minister thinks fit; and
(b) if the Minister directs that the goods or
20 material are to be disposed of by sale--
(i) the Minister must consult with the
relevant event organiser before that
sale; and
(ii) the proceeds of the sale must be paid
25 into the Consolidated Fund.
53 Voluntary forfeiture to Crown
(1) Before proceedings are instituted for an offence
against section 37 or 38 in relation to any goods or
advertising material seized under section 51, the
30 person from whom they were seized may
voluntarily forfeit the goods or advertising
material to the Crown.
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(2) A voluntary forfeiture under subsection (1) must
be by written notice given to the Office of Sport
and Recreation Victoria.
(3) On receipt of a notice of voluntary forfeiture
5 under subsection (2)--
(a) the seized goods or advertising material are
forfeited to the Crown; and
(b) the Office of Sport and Recreation Victoria
must cause the relevant event organiser to be
10 notified that the goods or advertising
material have been voluntarily forfeited to
the Crown.
(4) If any seized goods or advertising material are
forfeited to the Crown under this section--
15 (a) the Minister may direct that the goods or
material be disposed of in any manner that
the Minister thinks fit; and
(b) if the Minister directs that the goods or
material are to be disposed of by sale--
20 (i) the Minister must consult with the
relevant event organiser before that
sale; and
(ii) the proceeds of the sale must be paid
into the Consolidated Fund.
25 54 Seizure of broadcasting equipment
(1) Subject to subsection (3), if a member of the
police force or an authorised officer believes on
reasonable grounds that a person has committed,
is committing or is about to commit an offence
30 against section 43 or 44, the member of the police
force or the authorised officer, as the case
requires, may seize any broadcasting equipment
being used by that person if--
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(a) the member or the authorised officer has
requested that the person cease the activity
which may constitute an offence against
section 43 or 44 (as the case requires); and
5 (b) the person does not cease the activity after
that request.
(2) If a member of the police force or an authorised
officer seizes any broadcasting equipment under
this section, the member of the police force or the
10 authorised officer, as the case requires, must give
the person a written receipt for the equipment
seized indicating--
(a) the nature of the equipment seized; and
(b) the date and time that the member of the
15 police force or the authorised officer took
possession of the equipment; and
(c) the name and rank of the member of the
police force who seized the equipment or the
name of the authorised officer who seized
20 the equipment, as the case requires.
(3) A receipt referred to in subsection (2) must be
given--
(a) if possible, immediately; or
(b) if it is not possible to do so immediately, as
25 soon as is reasonably practicable.
(4) A member of the police force or an authorised
officer may only seize broadcasting equipment
under subsection (1) during a commercial
arrangements period for an event to which
30 Division 3 of this Part applies.
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55 Seized broadcasting equipment to be given to Office
of Sport and Recreation Victoria
(1) A member of the police force or an authorised
officer, as the case requires, as soon as
5 practicable, must give broadcasting equipment
seized under section 54 to the Office of Sport and
Recreation Victoria.
(2) The Office of Sport and Recreation Victoria must
retain broadcasting equipment seized under
10 section 54 until the broadcasting equipment--
(a) in the case of broadcasting equipment other
than a film, digitally recorded images or a
sound recording, is returned in accordance
with section 56; or
15 (b) in any case, is returned to the person from
whom it was seized or its lawful owner--
(i) in accordance with this Act; or
(ii) by court order or otherwise.
56 Return of broadcasting equipment within 28 days
20 (1) The Office of Sport and Recreation Victoria must
ensure that broadcasting equipment seized under
section 54 is returned to the person from whom it
was seized within 28 days after the date on which
it was seized.
25 (2) Subsection (1) does not apply to broadcasting
equipment which is a film, digitally recorded
images or a sound recording.
57 Application to Magistrates' Court for return of
broadcasting equipment
30 (1) A person from whom broadcasting equipment has
been seized under section 54 may apply to the
Magistrates' Court for the return of that
equipment.
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(2) An application under subsection (1)--
(a) may be made at any time after the seizure;
and
(b) must not be made if proceedings for an
5 offence against section 43 or 44 have been
commenced in respect of that seized
broadcasting equipment.
(3) On an application under subsection (1), the
Magistrates' Court may make any of the following
10 orders or any combination of those orders--
(a) an order for the return of the broadcasting
equipment if, in the opinion of the Court, it
can be returned consistently with the
interests of justice;
15 (b) an order for the return of the broadcasting
equipment subject to any specified
conditions;
(c) any other order it considers appropriate in
relation to the broadcasting equipment.
20 58 Power for event organiser to retain film etc. for up
to 6 months
(1) If broadcasting equipment seized under section 54
includes a film, digitally recorded images or a
sound recording, the event organiser of the event
25 to which Division 3 of this Part applies may retain
the film, digitally recorded images or sound
recording for a period not exceeding 6 months
after the date of seizure.
(2) If a film, digitally recorded images or a sound
30 recording is still being retained by the relevant
event organiser under this section 6 months after
the seizure and no ongoing proceedings in respect
of the film, digitally recorded images or sound
recording are in existence at that date, the film,
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digitally recorded images or sound recording must
be returned to--
(a) the person from whom it was seized under
section 54; or
5 (b) its lawful owner.
59 Recovery of things seized and compensation
(1) If any goods or advertising material have been
seized under section 51 and the goods or
advertising material have not been voluntarily
10 forfeited under section 53 and--
(a) proceedings are not instituted for an offence
against section 37 or 38 in relation to the
seized goods or advertising material within
6 months of the seizure; or
15 (b) after proceedings have been instituted and
completed, the defendant is not found
guilty--
the person from whom they were seized is entitled
to recover--
20 (c) the seized goods or advertising material or, if
they have been destroyed, compensation
equal to the market value of the goods or
advertising material at the time of the
seizure; and
25 (d) compensation for any loss suffered by reason
of the seizure of the goods or advertising
material.
(2) If any broadcasting equipment has been seized
under section 54 and it has not been returned
30 under section 56 or by court order or otherwise
and--
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(a) proceedings are not instituted for an offence
against section 43 or 44 in relation to the
seized broadcasting equipment within
6 months of the seizure; or
5 (b) after proceedings have been instituted and
completed, the defendant is not found
guilty--
the person from whom the equipment was seized
is entitled to recover--
10 (c) the seized broadcasting equipment, or, if it
has been destroyed, compensation equal to
the market value of the broadcasting
equipment at the time of the seizure; and
(d) compensation for any loss suffered by reason
15 of the seizure of the broadcasting equipment.
(3) An action for the payment of compensation under
subsection (1) or (2) may be brought in any court
of competent jurisdiction against the relevant
event organiser.
20 60 Court may order forfeiture to the Crown
(1) A court which finds a person guilty of an offence
against section 37 or 38 may order that any goods
or advertising material to which the offence
relates be forfeited to the Crown.
25 (2) A court which finds a person guilty of an offence
against section 43 or 44 may order that any
broadcasting equipment used in the commission
of the offence be forfeited to the Crown.
(3) If any goods, advertising material or broadcasting
30 equipment are forfeited to the Crown under
subsection (1) or (2) (as the case requires)--
(a) the Minister may direct that the goods,
advertising material or broadcasting
equipment be disposed of in any manner that
35 the Minister thinks fit; and
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(b) if the Minister directs that the goods,
advertising material or broadcasting
equipment is to be disposed of by sale--
(i) in the case of goods or advertising
5 material, the Minister must consult with
the relevant event organiser before that
sale; and
(ii) the proceeds of the sale must be paid
into the Consolidated Fund.
__________________
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PART 4--CROWD MANAGEMENT
Division 1--Application of Part
61 Application of crowd management provisions
(1) This Part applies to a major sporting event, other
5 than an event referred to in paragraph (e) of the
definition of major sporting event.
(2) This Part applies to a major sporting event,
referred to in paragraph (e) of the definition of
major sporting event if the major sporting event
10 order specifies this Part applies in relation to that
event.
(3) This Part applies to an event venue, other than an
event venue referred to in paragraph (i) or (j) of
the definition of event venue.
15 (4) This Part applies to an event venue referred to in
paragraph (i) or (j) of the definition of event
venue if the major sporting event order specifies
this Part applies in relation to that venue.
(5) This Part applies to an event area in respect of a
20 major sporting event if the major sporting event
order specifies this Part applies in relation to that
area.
Division 2--Managing crowd behaviour
62 Offence to possess prohibited items
25 (1) A person in an event venue or an event area must
not possess a prohibited item except with the
authorisation of the venue manager or event
organiser.
Penalty: 20 penalty units.
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(2) This section does not apply to the following
prohibited items--
(a) distress signals;
(b) fireworks.
5 63 Offence to possess lit distress signal or fireworks
A person in an event venue or an event area must
not have in his or her possession any lit distress
signal or lit firework except with the authorisation
of the venue manager or event organiser.
10 Penalty: 30 penalty units.
64 Offence to throw lit distress signal or firework
A person in an event venue or an event area must
not throw any lit distress signal or lit fireworks
except with the authorisation of the venue
15 manager or event organiser.
Penalty: 40 penalty units.
65 Offence to possess unlit distress signal or fireworks
A person in an event venue or an event area must
not have in his or her possession any unlit distress
20 signal or unlit firework except with the
authorisation of the venue manager or event
organiser.
Penalty: 20 penalty units.
66 Alcohol in event venues and event areas
25 (1) Subject to subsection (2), a person in an event
venue or an event area must not have in his or her
possession any alcohol that has not been
purchased at the event venue or event area in
accordance with the Liquor Control Reform Act
30 1998.
Penalty: 20 penalty units.
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(2) A person in an event venue or an event area may
have alcohol in his or her possession that has not
been purchased at the event venue or event area in
accordance with the Liquor Control Reform Act
5 1998 if the venue manager or the event organiser
has given authorisation for the possession of such
alcohol.
67 Entry into sporting competition space
(1) A person must not enter a sporting competition
10 space within an event venue unless the person--
(a) is participating in a match, game, sport or
event held with the permission of the venue
manager or event organiser; or
(b) is engaged in the control or management of
15 any such match, game, sport or event; or
(c) has the authorisation, or is a member of a
class of person that has the authorisation, of
the venue manager or the event organiser to
enter or remain in the sporting competition
20 space; or
(d) is, or is a member of a class of person that is,
otherwise authorised to enter and remain in
the sporting competition space.
Penalty: 10 penalty units.
25 (2) A person who is in the sporting competition space
must not, without reasonable excuse, disrupt the
match, game, sport or event.
Penalty: 60 penalty units.
68 Offence to throw or kick projectiles
30 (1) A person must not throw or kick any stone, bottle
or other projectile within an event venue or event
area.
Penalty: 20 penalty units.
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(2) Subsection (1) does not apply to a person who
throws or kicks a projectile--
(a) in the course of--
(i) participating in the match, game, sport
5 or event being held at the event venue
or event area; or
(ii) officiating at such a match, game, sport
or event; or
(iii) officially acting as a volunteer engaged
10 in the management or conduct of such a
match, game, sport or event; or
(b) with the authorisation of the venue manager
or event organiser.
69 Offence to damage or deface
15 Within an event venue or event area, a person
must not 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 except with
20 the authorisation of the venue manager or event
organiser.
Penalty: 20 penalty units.
70 Offence to damage flora
A person must not damage any trees, plants or
25 other flora within an event venue or event area
except with the authorisation of the venue
manager or event organiser.
Penalty: 20 penalty units.
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71 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
5 thoroughfare in an event venue or event area
except with the authorisation of the venue
manager or event organiser.
Penalty: 10 penalty units.
72 Offence to climb on fence, barrier or barricade
10 Except with the authorisation of the venue
manager or event organiser, a person must not,
without reasonable excuse, climb on any fence,
barrier or barricade--
(a) in an event venue or event area; or
15 (b) delineating the boundaries of an event venue
or event area.
Penalty: 10 penalty units.
73 Offence to obstruct view of seated person
Except with the authorisation of the venue
20 manager or event organiser, a person in an event
venue or event 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.
25 Penalty: 10 penalty units.
74 Offence to climb roof or parapet of building
A person must not climb a roof or parapet of a
building within an event venue or event area
except with the authorisation of the venue
30 manager or event organiser.
Penalty: 10 penalty units.
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Division 3--Authorisations
75 Venue manager or event organiser may authorise
certain activities
(1) For the purposes of Division 2, the venue manager
5 or an event organiser of an event to which this
Part applies may authorise a person or class of
person to carry out an activity which would
otherwise be an offence against section 62, 63, 64,
65, 66, 67, 68, 69, 70, 71, 72, 73 or 74.
10 (2) An application for an authorisation under this
section may be made--
(a) in writing; or
(b) in any other manner required by the venue
manager or the event organiser.
15 (3) The venue manager or event organiser must not
give an authorisation under subsection (1) if, in
the opinion of the venue manager or event
organiser, the carrying out of that activity would
adversely affect--
20 (a) the organisation or conduct of the event to
which this Part applies; or
(b) any commercial arrangements relating to the
event to which this Part applies.
(4) An authorisation under this section may be
25 given--
(a) in writing; or
(b) if the authorisation relates to an activity
under section 62, 66 or 67, orally, if the
venue manager or the event organiser
30 considers this is appropriate; or
(c) if the authorisation applies to the general
public or part of the general public, by
publishing a notice setting out the details of
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the authorisation, including any conditions to
which the authorisation is subject, in a
newspaper circulating generally in Victoria;
or
5 (d) if the authorisation applies to a group or
class of person, including the general public
or part of the general public by--
(i) causing signs or notices to be erected or
displayed at or near the entrance to the
10 event venue or event area setting out
details of the authorisation, including
any conditions to which the
authorisation is subject; and
(ii) as far as practicable, ensuring that those
15 signs or notices are displayed in such a
place and manner that the details are
reasonably likely to be seen by persons
affected by them; or
(e) in any other manner that the venue manager
20 or the event organiser considers appropriate,
having regard to the nature of the activity
and the persons being authorised.
76 What can an authorisation contain?
An authorisation under section 75 is subject to any
25 terms and conditions which the venue manager or
the event organiser of the event to which this Part
applies, as the case requires, believes are
reasonable to impose, including but not limited
to--
30 (a) the duration of the authorisation;
(b) whether the authorisation applies generally
or in specified circumstances;
(c) whether the authorisation applies to a
specified person or persons or to a specified
35 class or classes of person;
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(d) whether the authorisation applies to a
specified type of activity or to a specified
class or classes of activity.
77 Offence to fail to comply with terms and conditions
5 A person to whom an authorisation under
section 75 applies, or who belongs to a class in
respect of which an authorisation under section 75
applies, must not, without reasonable excuse,
contravene a term or condition of the relevant
10 authorisation.
Penalty: 20 penalty units.
78 Production of authorisation
(1) An authorised officer or a member of the police
force may direct a person to whom an
15 authorisation under section 75 applies, or who
belongs to a class in respect of which an
authorisation under section 75 applies, to produce
for inspection that authorisation or evidence of
that person's authorisation--
20 (a) immediately; or
(b) within 7 days at a police station or the place
of business of the authorised officer.
(2) A person must comply with a direction under
subsection (1).
25 Penalty: 5 penalty units.
Division 4--Dealing with prohibited items
79 Powers of venue managers to prohibit other items
(1) Nothing in the definition of prohibited item in
section 3 prevents a venue manager from
30 prohibiting any item not referred to in that
definition from being brought into the event venue
or event area for which the venue manager is
responsible.
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(2) If a venue manager has determined that any item
not referred to in the definition of prohibited item
is not to be brought into an event venue or event
area for which the venue manager is responsible,
5 the venue manager must--
(a) cause signs or notices to be erected or
displayed at or near the entrance to the event
venue or event area setting out details of the
determination that an item is not to be
10 brought into an event venue or event area;
and
(b) as far as practicable, ensure that those signs
are displayed in such a place and manner that
the details are reasonably likely to be seen by
15 persons affected by them at the entrances to
the event venue or event area.
80 Surrender or confiscation of prohibited items
(1) An authorised officer may request a person to
surrender any item that--
20 (a) is a prohibited item which the person has in
his or her possession in contravention of
section 62, 63 or 65; or
(b) a venue manager has prohibited being
brought into an event venue or event area
25 under section 79(2) which the person has
brought into that venue or that area; or
(c) a person has in his or her possession in
contravention of section 66 (alcohol).
(2) If a person refuses to comply with a request under
30 subsection (1), an authorised officer may--
(a) direct the person not to enter the event venue
or event area for a period of 24 hours; or
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(b) if the person is in an event venue or an event
area, direct the person--
(i) to leave the event venue or event area;
and
5 (ii) to not re-enter the event venue or event
area for a period of 24 hours.
(3) If a person refuses to comply with a request under
subsection (1), in addition to the powers in
subsection (2), an authorised officer who is a
10 member of the police force may confiscate the
prohibited item.
81 Police may retain or otherwise deal with prohibited
item for purpose of proceedings
(1) Without limiting any other power in relation to
15 proceedings for an offence, if, under this Division,
an item is surrendered to an authorised officer
who is a member of the police force or confiscated
by an authorised officer who is a member of the
police force or otherwise comes into the
20 possession of a member of the police force, that
member--
(a) may retain the item for the purposes of
proceedings for an offence against this Act
or the regulations and deal with that item in
25 accordance with law; and
(b) in the case of a prohibited item of a kind
referred to in paragraph (a), (h), (j), (k), (m)
or (n) of the definition of prohibited item in
section 3, may photograph or otherwise take
30 a record of that item for the purpose of
proceedings for an offence against this Act
or the regulations and--
(i) on request of the person from whom the
item was confiscated or who
35 surrendered the item, return it to the
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person when the person leaves the
event venue or the event area; or
(ii) if that person does not request the
return of the item under
5 subparagraph (i), give that item to the
Office of Sport and Recreation Victoria
to be dealt with in accordance with
section 82; or
(iii) return the item to its lawful owner, if
10 known, within 28 days after it was
confiscated or surrendered under this
Division; or
(iv) otherwise deal with that item in
accordance with law.
15 (2) If proceedings for an offence against section 62,
63, 65 or 66 have been commenced in respect of
an item to which this section applies, subject to
any court order, that item must not be returned to
the person who surrendered it or from whom it
20 was confiscated.
82 Storage of surrendered items or confiscated items at
event venues
(1) Subject to section 81, a venue manager must
ensure that an item that has been surrendered by a
25 person in compliance with a request under section
80(1) or confiscated under this Division is--
(a) stored at the event venue or event area in a
secure manner in accordance with directions
made by the Minister from time to time and
30 provided by the Minister to the venue
manager; and
(b) returned to the person upon request when the
person leaves the event venue or event area
or within 28 days after the item is so
35 surrendered.
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(2) An item that is not collected by the person who
surrendered it in compliance with a request under
section 80(1) or from whom it was confiscated
must be stored by the venue manager until
5 whichever of the following happens first--
(a) the person requests the item's return; or
(b) the expiration of 28 days after the item was
surrendered or confiscated, as the case
requires.
10 (3) Despite anything to the contrary in this section, if
a surrendered item or a confiscated item--
(a) is a firearm within the meaning of the
Firearms Act 1996, a controlled weapon
within the meaning of the Control of
15 Weapons Act 1990, the possession of which
would constitute an offence under that Act,
or a prohibited weapon within the meaning
of the Control of Weapons Act 1990, the
venue manager must ensure that the item is
20 given to a member of the police force within
24 hours after the item is surrendered or
confiscated;
(b) is a dangerous good, laser pointer, distress
signal, firework or any other item prohibited
25 by the venue manager under section 79 and
the item is not collected within 28 days after
it was surrendered or confiscated, the venue
manager must cause the item to be
destroyed;
30 (c) is a perishable foodstuff, the venue manager
may destroy or dispose of the item after the
end of the day on which the item is
surrendered or confiscated;
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(d) not referred to in paragraph (a) or (b) is not
collected within 28 days after it was
surrendered or confiscated, the venue
manager may sell the item and retain the
5 proceeds of the item's sale.
Division 5--Dealing with offenders
83 Direction to leave event venue or event area
(1) Subject to subsection (2), an authorised officer
may direct a person to leave and not re-enter or
10 not to enter an event venue or an event area if the
authorised officer--
(a) believes on reasonable grounds that the
person has committed an offence against
section 62, 63, 64, 65, 66, 67, 68, 69, 70, 71,
15 72, 73 or 74; and
(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
20 that person to leave or not to enter the event
venue or event area and that person has
refused to leave or has entered.
(2) A direction under subsection (1)--
(a) must specify that the direction applies for a
25 period of 24 hours; and
(b) may be given in either or both of the
following ways--
(i) orally;
(ii) in writing served personally on the
30 person to whom it applies.
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84 Directions to leave--disruptive behaviour etc.
An authorised officer may direct a person who is
in an event venue or event area to leave the event
venue or event area and not re-enter the event
5 venue or event area for a period of 24 hours if the
authorised officer believes on reasonable grounds
that--
(a) the person is disrupting or interrupting any
match, game, sport or event organised by the
10 event organiser; or
(b) the person is engaging in conduct which is a
risk to the safety of that person or other
spectators; or
(c) the person is causing unreasonable disruption
15 or unreasonable interference to spectators of
the event or persons engaged in the conduct
or management of the event or event venue.
85 Refusal to leave event venue or event area and
re-entry
20 (1) A person must not, contrary to a direction given
by an authorised officer under section 80, 83
or 90--
(a) enter the event venue or event area for a
period of 24 hours; or
25 (b) attempt to enter the event venue or event
area for a period of 24 hours.
Penalty: 20 penalty units.
(2) A person must leave an event venue or an event
area immediately after being directed to do so by
30 an authorised officer under section 80, 83, 84
or 90.
Penalty: 20 penalty units.
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(3) A person who has left an event venue or event
area after being directed to do so by an authorised
officer under section 80, 83, 84 or 90 must not--
(a) enter or re-enter the event venue or event
5 area for a period of 24 hours; or
(b) attempt to enter or re-enter the event venue
or event area for a period of 24 hours.
Penalty: 20 penalty units.
(4) A member of the police force, using no more
10 force than is reasonably necessary, may--
(a) prevent a person from entering or attempting
to enter an event venue or event area
contrary to a direction not to enter the event
venue or event area for a period of 24 hours
15 under section 80, 83 or 90;
(b) remove a person from an event venue or
event area after the person has refused to
comply with a direction to leave the event
venue or event area under section 80, 83, 84
20 or 90;
(c) prevent a person from re-entering or
attempting to re-enter an event venue or
event area contrary to a direction to leave the
event venue or event area and not re-enter
25 for a period of 24 hours under section 80, 83,
84 or 90.
86 Repeat offenders
(1) This section applies to a person who has been
convicted or found guilty of an offence against
30 section 62, 64, 67(2) or 85 on 2 or more occasions
within the period of 5 years immediately before
the date on which an application under
subsection (2) is made.
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(2) If a member of the police force suspects on
reasonable grounds that a person to whom this
section applies is likely to disrupt an event to
which this Part applies or a series of events to
5 which this Part applies, the member of the police
force may apply to the Magistrates' Court for an
order prohibiting the person from entering any
event venue or any event area at which the event
to which this Part applies or series of such events
10 is to take place (either wholly or in part) during a
crowd management period for that event.
(3) A member of the police force making an
application under subsection (2) must serve notice
of that application on the person in respect of
15 whom the application is made.
(4) On an application under subsection (2), the
Magistrates' Court may make an order prohibiting
the person in respect of whom the application is
made from entering either or both an event venue
20 or an event area to which this Part applies during
all or part of a crowd management period for that
event if the Court is satisfied on the balance of
probabilities that--
(a) the person was served with notice of the
25 application under subsection (3); and
(b) the person is a person to whom this section
applies; and
(c) the person is likely to disrupt the event to
which this Part applies or series of such
30 events which is the subject of the
application.
(5) The Magistrates' Court order must specify--
(a) the event venue or the event area or part of
the event venue or event area in respect of
35 which the order is made; and
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(b) the event to which this Part applies, or series
of such events, in respect of which the order
is made; and
(c) the period for which the order is in force.
5 (6) The Magistrates' Court, on the application of a
person to whom an order under this section
applies, must quash the order if--
(a) at the time that the order was made, the
person had been convicted or found guilty of
10 at least 2 offences against section 62, 64,
67(2) or 85; and
(b) after the order was made, the person
successfully appealed against the person's
conviction for or finding of guilt of one or
15 more offences under section 62, 64, 67(2)
or 85 so that the person is no longer
convicted or found guilty of at least 2 such
offences.
(7) A person to whom an order under this section
20 applies must not enter an event venue or an event
area in contravention of that order.
Penalty: 60 penalty units.
87 Ban orders
(1) In this section offender means a person who is
25 found guilty of an offence specified in
subsection (2).
(2) The following offences are offences for which a
court may make a ban order--
(a) an offence against section 63, 64, 65, 68
30 or 69;
(b) an offence against section 62 where the
prohibited item was an item specified in
paragraph (d), (e), (f) or (g) of the definition
of prohibited item;
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(c) an offence against section 16, 17, 18, 22, 23,
24 or 30 of the Crimes Act 1958 if
committed by the offender in an event venue
or event area during an event to which this
5 Part applies;
(d) an offence against section 23 of the
Summary Offences Act 1966 if committed
by the offender in an event venue or event
area during an event to which this Part
10 applies.
(3) If a court finds a person guilty of an offence
specified in subsection (2), the court may make
any one, or a combination, of the following orders
in respect of the offender--
15 (a) an order banning the offender from entering
the event venue and event area where the
offence was committed;
(b) an order banning the offender from
attending--
20 (i) a specified event to which this Part
applies at the event venue and event
area where the offence was committed;
or
(ii) two or more specified events to which
25 this Part applies at the event venue and
event area where the offence was
committed;
(c) an order banning the offender from attending
a specified category of event to which this
30 Part applies at any event 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.
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s. 88
(5) A ban order must specify--
(a) the event venue and event area in respect of
which the ban order is made; and
(b) the event to which this Part applies or events
5 to which this Part applies in respect of 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 an event venue or event area in
10 contravention of that order.
Penalty: 60 penalty units.
Note
See section 7(1)(k) of the Sentencing Act 1991.
(7) Nothing in subsection (6) affects the powers of the
15 court that made the order or of the Supreme Court
in relation to contempt of court.
88 Power to require name and address
(1) An authorised officer may require a person to give
his or her name and address to the authorised
20 officer if the authorised officer believes on
reasonable grounds that the person has committed
an offence against section 62, 63, 64, 65, 66, 67,
68, 69, 70, 71, 72, 73 or 74.
(2) Before requiring a person to state his or her name
25 and address, an authorised officer must--
(a) produce his or her identity card; and
(b) inform the person that the authorised officer
believes that the person has committed an
offence against section 62, 63, 64, 65, 66, 67,
30 68, 69, 70, 71, 72, 73 or 74 (as the case
requires); and
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(c) inform the person that it is an offence against
this Act--
(i) to fail or refuse to give his or her name
and address to an authorised officer
5 when directed to do so; or
(ii) to give a false or misleading name and
address to an authorised officer.
89 Refusal to give name and address
(1) A person in an event venue or an event area to
10 which this Part applies must not fail or refuse to
give his or her name and address to an authorised
officer when required to do so under section 88.
Penalty: 5 penalty units.
(2) A person in an event venue or an event area to
15 which this Part applies must not give a false or
misleading name and address to an authorised
officer when required to give his or her name and
address under section 88.
Penalty: 5 penalty units.
20 90 Inspection
(1) An authorised officer may--
(a) request a person to produce and open for
inspection and search by an authorised
officer any bag, basket, or other receptacle
25 that the person--
(i) intends to take into an event venue or
an event area; or
(ii) has in an event venue or an event area;
(b) request a person to produce and empty of its
30 contents any bag, basket or other receptacle
that the person--
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Part 4--Crowd Management
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(i) intends to take into an event venue or
an event area; or
(ii) has in an event venue or an event area;
(c) request a person who intends to enter, or has
5 entered, an event venue or an event area to
turn out that person's pockets;
(d) request a person who intends to enter an
event venue or an event area--
(i) to walk through screening equipment;
10 (ii) to allow an officer to pass hand-held
screening equipment over or around the
person or around things in the person's
possession;
(iii) to allow things in the person's
15 possession to pass through screening
equipment or to be examined by X-ray.
(2) If a request under subsection (1)(b) or (1)(c) is
made of a person by an authorised officer--
(a) the person may request that the inspection be
20 conducted in private; and
(b) the authorised officer must conduct the
inspection in a private area set aside by the
venue manager or event organiser for that
purpose.
25 (3) For the purposes of inspection and search under
this section, an authorised officer may--
(a) search through any bag, basket or other
receptacle; or
(b) search through and move the contents of that
30 bag, basket or other receptacle; or
(c) search through and move the contents of a
person's pockets turned out in accordance
with subsection (1)(c).
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(4) An authorised officer may direct a person not to
enter the event venue or event area for a period of
24 hours if the person refuses to comply with a
request made under subsection (1).
5 (5) An authorised officer may direct a person who is
in an event venue or an event area and who
refuses to comply with a request under subsection
(1) to leave the event venue or event area and not
re-enter the event venue or event area for a period
10 of 24 hours.
(6) In this section--
screening equipment means a metal detector or
similar device for detecting objects or
particular substances.
15 Division 6--Infringements
91 Infringement notices, penalties and offences
(1) A member of the police force may serve an
infringement notice on a person who the member
of the police force has reason to believe has
20 committed an offence against section 63, 65,
67(1), 68, 69, 70, 85(1), 85(2) or 85(3) or the
regulations.
(2) An offence referred to in subsection (1) for which
an infringement notice may be served is an
25 infringement offence within the meaning of the
Infringements Act 2006.
(3) The infringement penalty for an offence--
(a) against sections 65, 67(1), 68, 69, 70 and
85(1), 85(2) and 85(3) or against an offence
30 in the regulations is 2 penalty units; and
(b) against section 63 is 3 penalty units.
__________________
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Part 5--Application of Other Acts
s. 92
PART 5--APPLICATION OF OTHER ACTS
92 Application of Part
This Part only applies if an Acts non-application
order applies to--
5 (a) a specified major sporting event; or
(b) a specified event venue or specified event
area in relation to that event.
93 Planning and Environment Act 1987
Nothing in the Planning and Environment Act
10 1987 or in any planning scheme applies to the
development or use of an event venue or event
area if an Acts non-application order specifies that
the Act or scheme does not apply.
94 Heritage Act 1995
15 Despite anything to the contrary in the Heritage
Act 1995, a permit or consent is not required
under that Act for the development or use of an
event venue or event area if an Acts non-
application order specifies that the Act does not
20 apply.
95 Environment Effects Act 1978
The Environment Effects Act 1978 does not
apply to any works carried out in an event venue
or event area if an Acts non-application order
25 specifies that the Act does not apply.
96 Coastal Management Act 1995
Despite anything to the contrary in the Coastal
Management Act 1995, a consent is not required
under that Act for the development or use of an
30 event venue or event area if an Acts non-
application order specifies that the Act does not
apply.
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97 Crown Land (Reserves) Act 1978 and Land
Act 1958
(1) During any period specified in an Acts non-
application order, land which is an event venue or
5 an event area may be entered and used for any of
the following purposes--
(a) access to an event venue or an event area to
which the Acts non-application order
applies;
10 (b) the carrying out of works at an event venue
or an event area for the purposes of the major
sporting event specified in the order;
(c) the storage of goods, vehicles and equipment
for the purposes of those works;
15 (d) the maintenance and repair of those works.
(2) This section applies despite anything to the
contrary in the Land Act 1958, any Crown grant,
the Crown Land (Reserves) Act 1978, any
reservation under that Act or any regulations made
20 under that Act or the Land Act 1958.
98 Building Act 1993
(1) During any period specified in an Acts non-
application order, despite anything to the contrary
in the Building Act 1993, the Minister
25 administering that Act may declare that the
administration and enforcement, in relation to all
or part of an event venue or event area for a major
sporting event, of any of the provisions of that Act
and the regulations made under that Act is to be
30 carried out--
(a) by the Secretary or any other person or body
specified in the order; and
(b) in accordance with the terms and conditions
of the order.
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(2) A declaration under subsection (1) by the Minister
administering the Building Act 1993 must be by
order published in the Government Gazette.
(3) The Building Act 1993 and the regulations under
5 that Act apply for the purposes of this section as if
any reference to a council or a relevant building
surveyor or a municipal building surveyor were a
reference to the relevant person or body specified
in an order under this section.
10 99 Limitation on powers to make local laws
(1) If an Acts non-application order specifies that the
Local Government Act 1989 does not apply in
accordance with this section, a Council must not
make a local law under the Local Government
15 Act 1989 for or with respect to--
(a) an event venue or an event area for the
purposes of an event specified in the Acts
non-application order; or
(b) the carrying out of works for the purposes of
20 the development or use of an event venue or
an event area for the purposes of an event
specified in the Acts non-application order,
including the timing of works (including
hours for building) for, and standards of,
25 construction of those works; or
(c) restricting the emanation of noise or light,
other than noise or light which is a danger to
health, from an event venue or an event area
for the purposes of an event specified in the
30 Acts non-application order; or
(d) restricting the use of any road for access to
or egress from an event venue or an event
area for the purposes of an event specified in
the Acts non-application order.
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(2) Without limiting sections 111(2), 111(3) and
111(4) of the Local Government Act 1989, a
local law, whether made before or after the
commencement of an Acts non-application order
5 applying this section to an event specified in that
order, is inoperative to the extent that it makes
provision for or with respect to or affecting any
matter or thing referred to in subsection (1).
(3) Without limiting subsection (2), a local law is
10 inoperative to the extent that it is inconsistent with
the exercise of any powers or functions under this
Act--
(a) by the venue manager or event organiser in
relation to an event specified in the Acts
15 non-application order; or
(b) by the Secretary in relation to an event
specified in the Acts non-application order.
(4) Without limiting subsection (3), a local law is
inoperative to the extent that it has the effect of, or
20 is exercised in a manner directed at, preventing,
hindering or disrupting the Secretary, the venue
manager or the event organiser in the performance
of an obligation or the pursuit of a right under any
agreement, if the Governor in Council, by order
25 published in the Government Gazette, declares it
to be inoperative.
100 Noise and light
Nothing in the Health Act 1958 or the Local
Government Act 1989 or regulations or local
30 laws under those Acts applies in respect of noise
or light (other than noise or light which is
dangerous to health) emanating from an event
venue or an event area if an Acts non-application
order specifies that those Acts do not apply.
__________________
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Part 6--General Operational Arrangements
s. 101
PART 6--GENERAL OPERATIONAL ARRANGEMENTS
Division 1--Application of Part
101 Application
This Part applies if a major sporting event order
5 specifies that this Part applies to--
(a) a specified major sporting event; or
(b) a specified event venue or specified event
area in relation to that event.
Division 2--Access control by event organiser
10 102 Event organiser to manage event venues and event
areas during operational arrangements period
(1) Nothing in this section derogates from any rights
subsisting in, or any remedy available to, any
venue manager or manager of an event area under
15 any other law or any contract or agreement
between the venue manager or manager of an
event area and the event organiser of an event to
which this Part applies.
(2) An event organiser of an event to which this Part
20 applies is responsible for, and has all powers
necessary to control access to, an event venue or
an event area by participants, officials, volunteers,
spectators and other persons during an operational
arrangements period for that event.
25 (3) Nothing in this section derogates from any powers
an authorised officer has under any other Act or
law except to the extent that they are modified by
an order under this Act.
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Division 3--Removal of offenders by police
103 Power to remove offenders
(1) If a member of the police force believes on
reasonable grounds that--
5 (a) an assembly is being carried on in any part
of--
(i) an event venue to which this Part
applies; or
(ii) an event area to which this Part applies;
10 and
(b) the assembly is being carried on in a manner
involving unlawful physical violence to
persons or unlawful damage to property; and
(c) because of the number of persons involved in
15 the assembly, it is not practicable to preserve
or restore public order by arresting a person
or persons involved in the assembly who is,
or who are, committing an offence involving
unlawful physical violence to persons or
20 unlawful damage to property--
the member of the police force may remove that
person or those persons from the event venue or
the event area (as the case requires).
(2) In order to remove a person from an event venue
25 or an event area to which this Part applies, a
member of the police force may use such force as
is reasonable in the circumstances.
(3) Nothing in this section limits any powers of arrest
that a member of the police force has under any
30 other law.
(4) Any action taken under this section does not
prevent the institution of proceedings in respect of
an offence.
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104 Interference with activities
(1) A person must not in any way intentionally
interfere with or hinder the carrying out of any
works at an event venue or in an event area to
5 which this Part applies.
Penalty: 10 penalty units.
(2) A person must not in any way intentionally cause
any other person to interfere with or hinder the
carrying out of any works at an event venue or in
10 an event area to which this Part applies.
Penalty: 10 penalty units.
Division 4--Vehicle and vessel access and removal
105 Vehicles and vessels in event venue or event area
(1) During an operational arrangements period for an
15 event to which this Part applies, a person must
not, without reasonable excuse, bring a vehicle or
a vessel into an event venue or event area
except--
(a) with the written authorisation of the event
20 organiser or the venue manager; or
(b) otherwise in accordance with this Act.
Penalty: 20 penalty units.
(2) Subsection (1) does not apply to the bringing into
an event venue or event area of a pram, stroller,
25 wheelchair or other mobility aid.
106 Parking or leaving vehicles or mooring or anchoring
vessels in an event venue or event area
(1) During an operational arrangements period for an
event to which this Part applies, a person must
30 not, without reasonable excuse, park or leave
standing a vehicle in an event venue or event area
except--
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(a) with the written authorisation of the event
organiser or the venue manager; or
(b) otherwise in accordance with this Act.
Penalty: 20 penalty units.
5 (2) Subsection (1) does not apply to the parking or
leaving standing in an event venue or event area
of a pram, stroller, wheelchair or other mobility
aid.
(3) During an operational arrangements period for an
10 event to which this Part applies, a person must
not, without reasonable excuse, moor, anchor or
cause to be adrift a vessel in an event venue or
event area except--
(a) with the written authorisation of the event
15 organiser or the venue manager; or
(b) otherwise in accordance with this Act.
Penalty: 20 penalty units.
107 Removal of vehicles or vessels obstructing event
venue or event area
20 (1) During an operational arrangements period for an
event to which this Part applies, a member of the
police force or an authorised officer may move or
cause to be moved a vehicle which is parked or
left standing or a vessel which is moored,
25 anchored or adrift--
(a) in an event venue or event area, if that
vehicle or vessel, as the case requires, is not
authorised to be in that venue or area; or
(b) so close to an event venue or event area as to
30 obstruct access to, or egress from, it by
vehicles, vessels or pedestrians.
(2) During an operational arrangements period for an
event to which this Part applies, a member of the
police force or an authorised officer may move, or
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cause to be moved, a vehicle which is parked or
left standing or a vessel which is moored,
anchored or adrift in an event venue or an event
area if, in the opinion of the member of the police
5 force or the authorised officer (as the case
requires), the vehicle or vessel is--
(a) a danger to other vehicles, vessels or persons
in that venue or area; or
(b) causing or likely to cause traffic congestion;
10 or
(c) hindering or obstructing, or likely to hinder
or obstruct--
(i) the event or an associated event,
activity or program; or
15 (ii) any activity associated with or ancillary
to the event or an associated event,
activity or program; or
(iii) access to or egress from any facilities
used for the purposes of the event.
20 (3) Subsection (2) applies whether or not the vehicle
or vessel is authorised to be in the event venue or
the event area.
(4) A member of the police force acting in accordance
with this section may--
25 (a) enter a vehicle or a vessel using reasonable
force, if necessary, for the purpose of
conveniently or expeditiously moving it; and
(b) move the vehicle or vessel to the nearest
convenient place.
30 (5) The Chief Commissioner of Police or the event
organiser may recover from the owner of a vehicle
or vessel moved under this section any reasonable
costs incurred in moving it.
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(6) In this section, owner--
(a) in relation to a vehicle, has the same
meaning as it has in Part 7 of the Road
Safety Act 1986; and
5 (b) in relation to a vessel, has the same meaning
as it has in section 3(1) of the Marine Act
1988.
Division 5--Road closures and road modifications
108 Definition of traffic
10 In this Division, traffic means vehicular traffic,
pedestrian traffic and all other kinds of traffic.
109 Temporary closure of roads
(1) Subject to subsection (3), for the purpose of
enabling works to be carried out at an event venue
15 or event area to which this Part applies, the
Minister may temporarily close a road to traffic if
the Minister considers it necessary to do so to
enable those works to be carried out.
(2) Subject to subsection (3), the Minister may
20 temporarily close a road or part of a road to traffic
generally or to a particular class of traffic if the
Minister considers it necessary to do so--
(a) for the purposes of conducting an event to
which this Part applies or an associated
25 activity; or
(b) for any purpose associated with or ancillary
to the conduct of that event or activity.
(3) The Minister must not temporarily close a road
under subsection (1) or (2) unless the Minister has
30 consulted--
(a) with the Minister administering the Road
Management Act 2004; and
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(b) if the road is a road to which Division 2 of
Part 9 of the Local Government Act 1989
applies, with the Minister administering that
Act and the relevant local council; and
5 (c) if the road is in a declared area within the
meaning of the Australian Grands Prix Act
1994 or in a designated access area within
the meaning of that Act, with the Minister
administering that Act; and
10 (d) if the road is in the part of Albert Park that is
not Melbourne Sports and Aquatic Centre
land, with the Minister administering the
Crown Land (Reserves) Act 1978; and
(e) if the road is in the part of Albert Park that is
15 Melbourne Sports and Aquatic Centre land,
with the Minister administering the State
Sport Centres Act 1994 and the Minister
administering the Crown Land (Reserves)
Act 1978; and
20 (f) with any other relevant road authority within
the meaning of the Road Management Act
2004.
110 Temporary modification of roads
(1) Subject to subsection (4), for the purpose of
25 enabling works to be carried out at an event venue
or event area to which this Part applies, the
Minister may temporarily modify a road if the
Minister considers it necessary to do so to enable
those works to be carried out.
30 (2) Subject to subsection (4), the Minister may
temporarily modify a road or part of a road if the
Minister considers it necessary to do so--
(a) for the purposes of conducting an event to
which this Part applies or an associated
35 activity; or
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(b) for any purpose associated with or ancillary
to the conduct of that event or activity.
(3) For the purposes of this section, modifications
include, but are not limited to--
5 (a) establishing tow-away zones;
(b) altering line markings on a road;
(c) converting a road to a one-way road.
(4) The Minister must not temporarily modify a road
under subsection (1) or (2) unless the Minister has
10 consulted--
(a) with the Minister administering the Road
Management Act 2004; and
(b) if the road is a road to which Division 2 of
Part 9 of the Local Government Act 1989
15 applies, with the Minister administering that
Act and the relevant local council; and
(c) if the road is in a declared area within the
meaning of the Australian Grands Prix Act
1994 or in a designated access area within
20 the meaning of that Act, with the Minister
administering that Act; and
(d) if the road is in the part of Albert Park that is
not Melbourne Sports and Aquatic Centre
land, with the Minister administering the
25 Crown Land (Reserves) Act 1978; and
(e) if the road is in the part of Albert Park that is
Melbourne Sports and Aquatic Centre land,
with the Minister administering the State
Sport Centres Act 1994 and the Minister
30 administering the Crown Land (Reserves)
Act 1978; and
(f) with any other relevant road authority within
the meaning of the Road Management Act
2004.
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111 Duration of powers
The Minister may exercise a power under this
Division during an operational arrangements
period for an event to which this Part applies and
5 for such reasonable times before and after that
operational arrangements period as are necessary
for the effective management of that event.
112 Deemed permit under section 99B of Road Safety
Act 1986
10 (1) For the purposes of preparation for the conducting
of an event to which this Part applies or an
associated activity which involves conducting
a non-road activity within the meaning of
section 99B of the Road Safety Act 1986 on a
15 highway within the meaning of that Act, the
Secretary is deemed to be a person to whom a
permit under that section has been issued.
(2) For the purposes of conducting an event to which
this Part applies or an associated activity which
20 involves conducting a non-road activity within the
meaning of section 99B of the Road Safety Act
1986 on a highway within the meaning of that
Act, the event organiser of the event to which this
Part applies is deemed to be a person to whom a
25 permit under that section has been issued.
113 Road Safety Act 1986 not to apply
The Road Safety Act 1986 and any regulations
made under that Act, including the Road Rules, do
not apply to or in relation to a vehicle or its driver
30 while the vehicle is being driven--
(a) in an event to which this Part applies; or
(b) with the approval of the Minister
administering this Act, within the event
venue or an event area for an event to which
35 this Part applies for the purpose of providing
services in respect of that event.
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Part 6--General Operational Arrangements
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Division 6--Restoration of areas
114 Event venues and event areas to be restored to
reasonable condition
(1) An event venue to which this Part applies and an
5 event area to which this Part applies must be
restored by the event organiser to a condition
reasonably comparable to its condition
immediately before the beginning of an
operational arrangements period for that event as
10 soon as practicable after the end of that period.
(2) The event organiser of an event to which this Part
applies must take all reasonable steps to ensure
compliance with subsection (1).
(3) If there is a dispute between the committee of
15 management or other land manager (as the case
requires) and the event organiser about the
standard of restoration in an event venue or event
area, the committee of management or the land
manager (as the case requires) or the event
20 organiser may refer the matter--
(a) to the Minister administering this Act for a
decision on the matter; or
(b) if the land is reserved under the Crown
Land (Reserves) Act 1978, to the Minister
25 administering the Crown Land (Reserves)
Act 1978 and the Minister administering this
Act for a decision on the matter.
__________________
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Part 7--Advertising other than Aerial Advertising
s. 115
PART 7--ADVERTISING OTHER THAN AERIAL
ADVERTISING
115 Application
(1) Part 8 does not apply to advertising to which this
5 Part applies.
(2) This Part applies if a major sporting event order
specifies that this Part applies to--
(a) a specified major sporting event; or
(b) a specified event venue or a specified event
10 area in relation to that event.
116 Prohibition of unauthorised advertising
(1) Subject to subsection (5), during an advertising
limitation period for an event to which this Part
applies, a person who is the owner or occupier or
15 the holder of a lease or licence relating to a
building or structure in an area which is an event
venue to which this Part applies or an event area
to which this Part applies must not cause or permit
any advertising material to be affixed to or placed
20 on, or to remain on, the building or structure
except as authorised or permitted by the event
organiser of that event.
(2) The event organiser of an event to which this Part
applies may obliterate or remove any advertising
25 material on a building or structure in
contravention of subsection (1) in--
(a) an event venue to which this Part applies; or
(b) an event area to which this Part applies.
(3) In exercising its powers under subsection (2), an
30 event organiser must cause as little damage as
possible.
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s. 117
(4) Subsection (1) does not apply to any advertising
relating to an Australian Formula One Grand
Prix--
(a) displayed during an advertising limitation
5 period for an event to which this Part applies
in an event venue in Albert Park or an event
area in Albert Park; and
(b) which is authorised under the Australian
Grands Prix Act 1994 or regulations made
10 under that Act.
(5) Subsection (1) does not affect--
(a) any condition of use of an event venue
established in any agreement between a
venue manager and the event organiser; and
15 (b) any condition of use of an event area
established in any agreement between a
venue manager or a manager of an event area
and the event organiser; and
(c) any pre-existing advertising displayed for
20 purposes unrelated to the holding of the
event to which this Part applies.
117 Offence to display unauthorised advertising on
vessels
(1) During an advertising limitation period for an
25 event to which this Part applies, a person must not
display commercial advertising, or cause
commercial advertising to be displayed, on a
vessel that is within sight of the event venue or an
event area unless the person--
30 (a) has an advertising on vessels authorisation;
and
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(b) is acting in accordance with that advertising
on vessels authorisation.
Penalty: 400 penalty units, in the case of a
natural person;
5 2400 penalty units, in the case of a
body corporate.
(2) Despite subsection (1), a person does not commit
an offence against that subsection if the person--
(a) has an advertising on vessels authorisation
10 for another event to which this Part applies at
another event venue or event area; and
(b) carries out the activity referred to in
subsection (1) in the course of conducting an
activity authorised by that advertising on
15 vessels authorisation.
118 Event organiser may authorise advertising on
vessels
(1) Subject to subsection (2), the event organiser of an
event to which this Part applies may authorise a
20 person to display advertising on a vessel within
sight of the event venue or an event area during an
advertising limitation period for that event.
(2) An event organiser of an event to which this Part
applies must not give an advertising on vessels
25 authorisation if, in the opinion of the event
organiser, the display of advertising on the vessel
would adversely affect--
(a) the organisation or conduct of the event; or
(b) any commercial arrangements relating to the
30 event; or
(c) in the case of an event that is conducted
annually, the future conduct of that event.
(3) An advertising on vessels authorisation must be in
writing.
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119 Application for advertising on vessels authorisation
An application for an advertising on vessels
authorisation must be made in the manner and
form determined by the event organiser of the
5 event to which this Part applies.
120 What can an advertising on vessels authorisation
contain?
An advertising on vessels authorisation is subject
to any terms and conditions which the event
10 organiser of an event to which this Part applies
believes are reasonable to impose including but
not limited to--
(a) the duration of the authorisation;
(b) whether the authorisation applies generally
15 or in specified circumstances in relation to
the event, the event venue or an event area;
(c) whether the authorisation applies to a
specified person or persons or to a specified
class or classes of person;
20 (d) whether the authorisation applies to a
specified vessel or vessels or to a specified
class or classes of vessel;
(e) whether the authorisation applies to a
specified type of advertising or to a specified
25 class or classes of advertising.
121 Injunctions to restrain conduct
(1) The event organiser of an event to which this Part
applies may apply to the Supreme Court, County
Court or Magistrates' Court for the grant of an
30 injunction restraining a person from engaging in
conduct that constitutes--
(a) a contravention of section 117; or
(b) attempting or conspiring to contravene
section 117; or
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(c) aiding, abetting, counselling or procuring a
person to contravene section 117; or
(d) inducing or attempting to induce a person,
whether by threats, promises or otherwise, to
5 contravene section 117; or
(e) being in any way directly or indirectly,
knowingly concerned in, or party to, the
contravention by a person of section 117.
(2) On an application under subsection (1), the court
10 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
15 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
20 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
danger of substantial damage to any person if
25 the first-mentioned person engages in
conduct of that kind; or
(c) if the court determines it to be appropriate,
by consent of all the parties to the
proceeding, whether or not the person has
30 engaged in, or is likely to engage in, conduct
of that kind.
(3) Pending the determination of an application under
this section, the court may grant an interim
injunction if, in the opinion of the court, it is
35 desirable to do so--
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(a) whether or not it appears to the court that the
person intends to engage in or continue to
engage in conduct of the kind referred to in
paragraphs (a) to (e) of subsection (1); or
5 (b) whether or not the person has previously
engaged in conduct of that kind and whether
or not there is an imminent danger of
substantial damage to any person if the first-
mentioned person engages in conduct of that
10 kind.
122 Power to rescind or vary injunctions
A court may rescind or vary an injunction granted
by it under section 121.
123 Action for damages
15 (1) If any person suffers any loss, injury or damage
because of a contravention of section 117, the
person may recover the amount of the loss, injury
or damage, or damages in respect of the loss,
injury or damage, by proceeding against one or
20 more of the following--
(a) a person who has aided, abetted, counselled
or procured the contravention;
(b) a person who has induced, whether by
threats or promises or otherwise, the
25 contravention;
(c) a person who has been in any way, directly
or indirectly, knowingly concerned in or
party to, the contravention;
(d) a person who has conspired with others to
30 effect the contravention.
(2) Without limiting the powers of the court under
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
35 sponsorship of an event.
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(3) A proceeding under this section may be brought in
any court of competent jurisdiction.
(4) A proceeding under this section must not be
commenced more than 3 years after the date on
5 which the cause of action accrued.
(5) A court may make an order under this section
whether or not an injunction is granted under
section 121.
__________________
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PART 8--AERIAL ADVERTISING
Division 1--Application
124 Application of aerial advertising provisions
This Part applies to--
5 (a) an aerial advertising event;
(b) an aerial advertising venue.
Division 2--Aerial advertising
125 Offence to display unauthorised aerial advertising
(1) During the aerial advertising limitation time for an
10 aerial advertising event, a person must not display
commercial aerial advertising, or cause
commercial aerial advertising to be displayed,
without an aerial advertising authorisation if--
(a) that advertising is within sight of the aerial
15 advertising venue or an event area where the
aerial advertising event is being conducted;
and
(b) that advertising is displayed in such a
manner that the content can be seen by the
20 human eye without the aid of optical
apparatus other than contact lenses or
spectacles.
Penalty: 400 penalty units, in the case of a
natural person;
25 2400 penalty units, in the case of a
body corporate.
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(2) Subsection (1) does not apply to a person who
flies an aircraft within sight of an aerial
advertising venue or an event area where an aerial
advertising event is being conducted during the
5 aerial advertising limitation time for that event--
(a) in an emergency; or
(b) if the aircraft is used for, or in, the provision
of emergency services; or
(c) for the purposes of gathering information for
10 the reporting of news and the presentation of
current affairs.
(3) Despite subsection (1), a person does not commit
an offence against that subsection if the person--
(a) has an aerial advertising authorisation for
15 another aerial advertising event at another
aerial advertising venue or event area; and
(b) carries out the activity referred to in
subsection (1) in the course of conducting an
activity authorised by that aerial advertising
20 authorisation.
(4) An offence against subsection (1) is an indictable
offence.
Note
An offence against this Part may be heard and determined
25 summarily.
126 Application for aerial advertising authorisation
An application for an aerial advertising
authorisation must be made in the manner and
form determined by the Secretary.
30 127 Secretary may authorise aerial advertising
(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--
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(a) within sight of an aerial advertising venue or
an event area where an aerial advertising
event is being conducted; and
(b) in such a manner that the content can be seen
5 by the human eye without the aid of optical
apparatus other than contact lenses or
spectacles.
(2) The Secretary must not give an aerial advertising
authorisation if, in the opinion of the Secretary,
10 the display of aerial advertising would adversely
affect--
(a) the organisation or conduct of the relevant
aerial advertising event; or
(b) any other commercial arrangements relating
15 to the aerial advertising event; or
(c) in the case of an aerial advertising event that
is conducted annually, the future conduct of
that event.
(3) The Secretary must not give an aerial advertising
20 authorisation unless the Secretary has first
consulted with the relevant event organiser of the
aerial advertising event.
128 Notification of aerial advertising authorisations
(1) If the Secretary gives an aerial advertising
25 authorisation, the Secretary must cause the event
organiser of the relevant aerial advertising event
to which the authorisation relates to be notified of
that authorisation.
(2) If the Secretary delegates a power of the Secretary
30 under this Part to a person referred to in section
130(b) who is the event organiser of an aerial
advertising event and that person gives an aerial
advertising authorisation to any person, the event
organiser must cause the Secretary to be notified
35 of that aerial advertising authorisation.
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129 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.
130 Delegation under this Division by Secretary
20 The Secretary, by instrument, may delegate any of
the powers of the Secretary under this Division,
other than this power of delegation, to--
(a) a person employed under Part 3 of the
Public Administration Act 2004 as an
25 executive within the meaning of that Act; or
(b) a body corporate established under an Act
for a public purpose; or
(c) an event organiser.
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Division 3--Remedies
131 Injunctions to restrain conduct
(1) The event organiser of an aerial advertising event
or the Secretary may apply to the Supreme Court,
5 County Court or Magistrates' Court for the grant
of an injunction restraining a person from
engaging in conduct that constitutes--
(a) a contravention of section 125(1); or
(b) attempting or conspiring to contravene
10 section 125(1); or
(c) aiding, abetting, counselling or procuring a
person to contravene section 125(1); or
(d) inducing or attempting to induce a person,
whether by threats, promises or otherwise, to
15 contravene section 125(1); or
(e) being in any way directly or indirectly,
knowingly concerned in, or party to, the
contravention by a person of section 125(1).
(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
danger of substantial damage to any person if
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the first-mentioned person engages in
conduct of that kind; or
(c) if the court determines it to be appropriate,
by consent of all the parties to the
5 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
this section, the court may grant an interim
10 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
engage in conduct of the kind referred to in
15 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
substantial damage to any person if the first-
20 mentioned person engages in conduct of that
kind.
132 Power to rescind or vary injunctions
A court may rescind or vary an injunction granted
by it under section 131.
25 133 Action for damages
(1) If any person suffers any loss, injury or damage
because of a contravention of section 125(1), the
person may recover the amount of the loss, injury
or damage, or damages in respect of the loss,
30 injury or damage, by proceeding against one or
more of the following--
(a) a person who has aided, abetted, counselled
or procured the contravention;
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(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 this section 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 131.
Division 4--Aerial advertising inspection powers
134 Search warrant
(1) With the written approval of the Secretary, an
25 authorised officer may apply to a magistrate for
the 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
30 a particular thing that may be evidence of the
commission of an offence against this Part.
(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
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be within the next 72 hours, on the premises a
particular thing that may be evidence of the
commission of an offence against this Act, the
magistrate may issue a search warrant, in
5 accordance with the Magistrates' Court Act
1989, authorising an authorised officer named in
the warrant and any other person named or
otherwise identified in the warrant--
(a) to enter the premises specified in the
10 warrant, if necessary by force; and
(b) to do all or any of the following--
(i) search for;
(ii) seize;
(iii) secure against interference--
15 a thing or things of a particular kind named
or described in the warrant and which the
authorised officer believes, on reasonable
grounds, to be connected with the alleged
contravention; and
20 (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
contravention, the authorised officer may do
25 all or any of the following--
(i) require the document to be produced
for inspection;
(ii) examine, make copies of or take
extracts from the document, or arrange
30 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
reasonably necessary to make copies of
35 or take extracts from the document; and
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(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
the authorised officer believes, on reasonable
5 grounds, to be connected with the alleged
contravention.
(3) In addition to any other requirement, a search
warrant issued under this section must--
(a) specify the offence suspected;
10 (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
is subject;
15 (e) state whether entry is authorised to be made
at any time or during stated hours;
(f) specify a day, not later than 7 days after the
issue of the warrant, on which the warrant
ceases to have effect.
20 (4) Subject to subsection (5), a search warrant must
be issued in accordance with the Magistrates'
Court Act 1989 and must be in the form
prescribed by the regulations under that Act.
(5) Despite section 78 of the Magistrates' Court Act
25 1989, a search warrant under this section must not
authorise an authorised officer to arrest a person.
(6) Subject to any provision to the contrary in this
Act, the rules to be observed with respect to
search warrants mentioned in the Magistrates'
30 Court Act 1989 extend and apply to warrants
under this section.
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135 Announcement before entry
(1) Before executing a search warrant, the authorised
officer named in the warrant must--
(a) announce that he or she is authorised by the
5 warrant to enter the premises; and
(b) give any person at the premises an
opportunity to allow entry to the premises.
(2) The authorised officer need not comply with
subsection (1) if he or she believes on reasonable
10 grounds that immediate entry to the premises is
required to ensure--
(a) the safety of any person; or
(b) that the effective execution of the search
warrant is not frustrated.
15 136 Copy of warrant to be given to occupier
If the occupier, or another person who apparently
represents the occupier, is present at a premises
when a search warrant is being executed, the
authorised officer must--
20 (a) identify himself or herself to that person by
producing his or her identity card for
inspection by that person; and
(b) give to that person a copy of the execution
copy of the warrant.
25 137 Seizure of things not mentioned in the warrant
A search warrant issued under section 134
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
30 any thing which is not of the kind described in the
warrant if--
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(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
5 under section 134; and
(ii) will afford evidence about a
contravention of section 125; and
(b) in the case of seizure, the authorised officer
believes, on reasonable grounds, that it is
10 necessary to seize that thing in order to
prevent its concealment, loss or destruction
or its use in the contravention of this Act.
138 Receipt must be given for any thing seized
(1) An authorised officer must not seize a thing
15 apparently in the possession or custody of a
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
20 (b) states the name of the authorised officer.
(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
25 seized--
the authorised officer must leave the receipt with,
or post it to, the owner of the premises from which
the thing was seized.
139 Copies of certain seized things to be given
30 (1) Subject to subsection (2), if an authorised officer
seizes--
(a) a document; or
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(b) a thing that can be readily copied; or
(c) a storage device containing information that
can be readily copied--
the authorised officer, as soon as is practicable
5 after the seizure, must give a copy of the thing or
information to--
(d) the owner; or
(e) the person from whom the document, thing
or device was seized.
10 (2) Subsection (1) does not apply--
(a) to any document, thing or device moved
under section 140(2); or
(b) if the authorised officer is unable to discover
the identity of the lawful owner or person
15 from whom any document, thing or device is
seized.
140 Use of equipment to examine or process things
(1) An authorised officer may bring on to any
premises any equipment reasonably necessary for
20 the examination or processing of things found at
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
25 things at the premises; or
(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
30 in order to determine whether they are things that
may be seized.
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(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
5 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
10 out without damage to the equipment or the
thing.
141 Use or seizure of electronic equipment at premises
(1) If--
(a) a thing found at a premises is or includes a
15 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
20 (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 Part has
been contravened--
25 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
other information storage device at the premises
30 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;
or
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(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
5 (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
10 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
15 equipment can be carried out without damage to
the equipment.
142 Return of seized things
(1) If an authorised officer seizes a thing under this
Act, the authorised officer must take reasonable
20 steps to return the thing to the person from whom
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
25 must take reasonable steps to return it unless
proceedings have commenced within that 3 month
period and those proceedings (including any
appeal) have not been completed.
143 Court may extend period
30 (1) An authorised officer may apply to the
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
35 thing may be retained.
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(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--
5 (a) for the purposes of an investigation into
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
10 application to enable notice of the application to
be given to any person.
144 Power of authorised officer to require information
or documents
(1) An authorised officer who--
15 (a) exercises a power of entry under this Part;
and
(b) produces his or her identity card for
inspection by a person--
may, to the extent that it is reasonably necessary
20 to determine whether this Part has been
contravened, require the person--
(c) to give information to the authorised officer;
and
(d) to produce documents to the authorised
25 officer; and
(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
30 made under subsection (1).
Penalty: 60 penalty units.
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145 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
5 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
10 a material detail without indicating the respect in
which it is false or misleading and, if practicable,
providing correct information.
Penalty: 60 penalty units.
146 Protection against self-incrimination
15 (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
this Part, if the giving of the information or the
doing of that other thing would tend to incriminate
20 the person.
(2) Despite subsection (1), it is not a reasonable
excuse for a natural person to refuse or fail to
produce a document that the person is required to
produce by or under this Part, if the production of
25 the document would tend to incriminate the
person.
147 Entry to be reported to the Secretary
(1) If an authorised officer exercises a power of entry
under this Part, the authorised officer must report
30 the exercise of the power to the Secretary within
7 days after the entry.
(2) A report under subsection (1) must include all
relevant details of the entry including particulars
of--
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(a) the time and place of the entry; and
(b) the purpose of the entry; and
(c) the things done while on the premises
entered, including details of things seized,
5 copies made and extracts taken; and
(d) the time of departure from the entered
premises.
148 Register of exercise of powers of entry
The Secretary must keep a register containing the
10 particulars of all matters reported to the Secretary
under section 147.
149 Complaints
(1) Any person may complain to the Secretary about
the exercise of a power by an authorised officer
15 under this Part.
(2) The Secretary must--
(a) investigate any complaint made to the
Secretary; and
(b) provide a written report to the complainant
20 on the results of the investigation.
150 Disclosure of information
(1) A person must not disclose any information that is
obtained by him or her while exercising a power
conferred by this Part.
25 Penalty: 60 penalty units.
(2) Despite subsection (1), a person may disclose or
use such information if--
(a) the disclosure or use is made in the
performance of a duty under, or in
30 connection with, this Part; or
(b) the person has the consent of the person to
whom the information relates; or
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(c) the disclosure or use is made in legal
proceedings at the direction of a court; or
(d) the information is in the public domain at the
time it is disclosed or used.
5 (3) Subsection (2) is not intended to interfere with
any rights another person may have with regard to
the disclosure or use of the information.
__________________
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PART 9--SPORTS EVENT TICKETING
Division 1--Sports ticketing event declarations
151 Notice of intention to make a sports ticketing event
declaration
5 (1) If the Minister intends to make a sports ticketing
event declaration in respect of a sports event, the
Minister must give written notice to the sports
event organiser no less than 9 months before the
event is to be held.
10 (2) A notice under subsection (1) must--
(a) specify whether the proposed sports ticketing
event declaration will apply to--
(i) the holding of the sports event on a
particular occasion only; or
15 (ii) the holding of the sports event
generally, regardless of when or how
often the event is held, until the sports
ticketing event declaration is revoked;
and
20 (b) state that, within 14 days after receiving the
notice, the sports event organiser may give a
written submission to the Minister on
whether the sports event should be declared
as a sports ticketing event.
25 152 Sports ticketing event declaration
(1) Within 14 days after the end of the period for
giving the Minister a submission under
section 151, the Minister must--
(a) make the sports ticketing event declaration;
30 or
(b) decide not to make the declaration.
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(2) In making a decision under subsection (1), the
Minister--
(a) may consider the sports event organiser's
submission (if any);
5 (b) must consider whether the sports event is
major, having regard to the likely number of
spectators for the event; and
(c) may consider any other matters the Minister
considers appropriate.
10 (3) The Minister must notify the sports event
organiser of the Minister's decision under
subsection (1).
(4) If the Minister makes a sports ticketing event
declaration, the declaration must specify whether
15 it applies to--
(a) the holding of the sports event on a particular
occasion only; or
(b) the holding of the sports event generally,
regardless of when or how often the event is
20 held, until the sports ticketing event
declaration is revoked.
(5) The Minister must ensure that a copy of the sports
ticketing event declaration is published in the
Government Gazette.
25 (6) A sports ticketing event declaration applies to the
holding of the event to which it applies, regardless
of whether the sports event organiser changes.
153 Minister may revoke sports ticketing event
declaration
30 (1) The Minister may revoke a sports ticketing event
declaration if he or she considers it is appropriate
to do so, whether the sports ticketing event
declaration applies to--
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(a) the holding of the sports event on a particular
occasion only; or
(b) the holding of the sports event generally,
regardless of when or how often the event is
5 held.
(2) A revocation under subsection (1) must be in
writing.
(3) As soon as practicable after a sports ticketing
event declaration is revoked, the Minister must
10 ensure that a copy of the revocation is--
(a) given to the sports event organiser; and
(b) published in the Government Gazette.
Division 2--Approval of ticket schemes
154 Requirement to lodge a ticket scheme proposal for
15 sports ticketing event
(1) Within 60 days after receiving notice that the
Minister has made a sports ticketing event
declaration, a sports event organiser must give the
Minister a ticket scheme proposal.
20 (2) The ticket scheme proposal must comply with the
ticketing guidelines.
155 Further details and extensions
(1) The Minister may require a sports event organiser
to provide further details of the ticket scheme
25 proposal within a specified time.
(2) The Minister may extend the time for giving the
Minister--
(a) a ticket scheme proposal; or
(b) further details of a ticket scheme proposal.
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156 Replacement ticket scheme proposal
With the Minister's written approval, a sports
event organiser may give the Minister a
replacement ticket scheme proposal at any time
5 before receiving notice from the Minister that--
(a) the ticket scheme set out in the earlier ticket
scheme proposal is an approved ticket
scheme; or
(b) the Minister has refused to approve the ticket
10 scheme set out in the earlier ticket scheme
proposal.
157 Decision to approve a ticket scheme
(1) If a sports event organiser gives the Minister a
ticket scheme proposal for a sports ticketing
15 event, the Minister must--
(a) approve the ticket scheme for the sports
ticketing event set out in the ticket scheme
proposal, with or without modifications; or
(b) refuse to approve the ticket scheme for the
20 sports ticketing event set out in the ticket
scheme proposal.
(2) The Minister must--
(a) notify the sports event organiser of his or her
decision under subsection (1); and
25 (b) in the case of a refusal, include the reasons
for the refusal in that notification.
(3) The Minister must make a decision under
subsection (1) and give notification under
subsection (2)--
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(a) within 28 days after receiving the ticket
scheme proposal; or
(b) if the Minister required the sports event
organiser to provide further details of the
5 ticket scheme proposal under section 155,
within 28 days after receiving those further
details.
(4) The Minister may refuse to approve the ticket
scheme set out in a ticket scheme proposal if--
10 (a) the ticket scheme proposal does not comply
with the ticketing guidelines; or
(b) the sports event organiser fails to comply
with a requirement to provide further details
of the ticket scheme proposal; or
15 (c) the Minister considers it appropriate to do so
for any other reason.
(5) If the Minister refuses to approve a ticket scheme
set out in a ticket scheme proposal the sports event
organiser, with the Minister's written approval,
20 may give the Minister a replacement ticket
scheme proposal and this Division applies to the
replacement ticket scheme proposal.
(6) An approved ticket scheme for a sports ticketing
event applies to the holding of the event
25 regardless of whether the sports event organiser
changes.
Note
The sports event organiser may apply for review of a
decision to refuse to approve the ticket scheme set out in a
30 ticket scheme proposal: see section 168.
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158 Ticket scheme proposal for an event that has not
been declared
(1) A sports event organiser of a sports event that is
not the subject of a sports ticketing event
5 declaration may give the Minister a ticket scheme
proposal for the event regardless of when the
event is to be held.
(2) If the Minister considers it appropriate to do so,
the Minister may both--
10 (a) make a sports ticketing event declaration;
and
(b) approve the ticket scheme for the event set
out in the ticket scheme proposal with or
without modifications.
15 (3) The Minister must notify the sports event
organiser of his or her decision under
subsection (2).
(4) If the Minister makes a sports ticketing event
declaration and approves the ticket scheme--
20 (a) the sports ticketing event declaration must
comply with section 152(4); and
(b) the Minister must ensure that a copy of the
sports ticketing event declaration is
published in the Government Gazette; and
25 (c) the sports ticketing event declaration is taken
to have been made under section 152 but the
decision to make the declaration is not,
despite section 168(1)(a), subject to review
by VCAT; and
30 (d) the ticket scheme for the sports ticketing
event is taken to have been approved by the
Minister under section 157.
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(5) If the Minister decides not to make a sports
ticketing event declaration and not to approve the
ticket scheme--
(a) the Minister must notify the sports event
5 organiser accordingly but is not required to
give reasons for the decision; and
(b) despite section 168(1)(b), the Minister's
decision is not subject to review by VCAT.
(6) The Minister must notify the sports event
10 organiser in accordance with subsection (3) or (5)
within 28 days after receiving the ticket scheme
proposal.
159 Replacement proposal if declaration applies to the
event generally
15 (1) With the Minister's written approval, the sports
event organiser may give the Minister a
replacement ticket scheme proposal if--
(a) there is an approved ticket scheme for a
sports ticketing event; and
20 (b) the sports ticketing event declaration applies
to the holding of the event generally,
regardless of when or how often the event is
held.
Note
25 Under subsection (4)(b), if the ticket scheme set out in the
replacement ticket scheme proposal is approved, it only
applies to a sports event that is held at least 9 months after
the approval is given.
(2) The Minister may require the sports event
30 organiser to provide further details of the
replacement ticket scheme proposal within a
specified time.
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(3) The Minister may extend the time for giving the
Minister further details of a replacement ticket
scheme proposal.
(4) Section 157 applies to the replacement ticket
5 scheme proposal and--
(a) if the Minister refuses to approve the ticket
scheme set out in the replacement ticket
scheme proposal, the earlier approved ticket
scheme continues to apply to the sports
10 ticketing event until the Minister revokes the
approval;
(b) if the Minister approves the ticket scheme set
out in the replacement ticket scheme
proposal--
15 (i) that approved ticket scheme only
applies to a sports event that is held at
least 9 months after that approval is
given; and
(ii) the earlier approved ticket scheme is
20 taken to be no longer approved for a
sports event that is held at least
9 months after that replacement
approval is given.
160 Authorisations to sell or distribute tickets
25 If there is an approved ticket scheme for a sports
ticketing event, the sports event organiser must--
(a) ensure that any authorisation to sell or
distribute tickets to the sports ticketing event
on behalf of the sports event organiser is
30 given in writing; and
(b) notify the Minister in writing of the name
and contact details of each person who is,
from time to time, given such an
authorisation.
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161 Variation of approved ticket scheme
With the Minister's written approval, a sports
event organiser may vary an approved ticket
scheme for a sports ticketing event at any time.
5 162 Cancellation of approval of ticket scheme
(1) The Minister may cancel the approval of a ticket
scheme for a sports ticketing event by giving
written notice to the sports event organiser if the
Minister considers it is appropriate to do so--
10 (a) because the sports event organiser fails to
comply with section 160; or
(b) because there has been a change in
circumstances since the approval was given;
or
15 (c) because the approved ticket scheme is not
operating adequately in practice; or
(d) for any other reason.
(2) A cancellation only takes effect in respect of a
sports event that is held at least 9 months after the
20 cancellation.
(3) The Minister must ensure that notice of the
cancellation is published in the Government
Gazette.
163 Ticketing guidelines
25 (1) The Minister must make written guidelines setting
out requirements for ticket scheme proposals and
approved ticket schemes.
(2) Without limiting subsection (1), the ticketing
guidelines may require that an approved ticket
30 scheme for a sports ticketing event--
(a) provide that a specified minimum proportion
of tickets to the event must be made
available for sale or distribution to the public
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generally or to particular classes of persons;
and
(b) place conditions on the sale or distribution of
tickets to the event prohibiting or restricting
5 the sale or distribution of tickets by persons
who are not authorised in writing to sell or
distribute tickets on behalf of the sports
event organiser; and
(c) require certain information to be printed on
10 tickets to the event, such as information
about conditions on the sale or distribution
of tickets and offences that may apply if a
person contravenes such a condition.
(3) The Minister must ensure that a copy of the
15 ticketing guidelines is--
(a) published in the Government Gazette; and
(b) laid before each House of the Parliament
within 10 sitting days of that House after the
ticketing guidelines are published in the
20 Government Gazette.
Division 3--Offences
164 Holding event before there is an approved ticket
scheme
(1) The sports event organiser of a sports ticketing
25 event must not, without reasonable excuse, hold
the event at any time during the prohibited time
period.
Penalty: 600 penalty units, in the case of a
natural person;
30 3000 penalty units, in the case of a
body corporate.
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(2) The sports event organiser of a sports ticketing
event must not, without reasonable excuse, sell
tickets to the event at any time during the
prohibited time period.
5 Penalty: 600 penalty units, in the case of a
natural person;
3000 penalty units, in the case of a
body corporate.
(3) The sports event organiser of a sports ticketing
10 event must not, without reasonable excuse,
authorise (whether orally or in writing) tickets to
the event to be sold or distributed at any time
during the prohibited time period.
Penalty: 600 penalty units, in the case of a
15 natural person;
3000 penalty units, in the case of a
body corporate.
(4) For the purposes of this section, prohibited time
period means the period between--
20 (a) the receipt by the sports event organiser of
notice of the Minister's intention to make a
sports ticketing event declaration; and
(b) the receipt by the sports event organiser of
notice of either of the following--
25 (i) the Minister's decision not to make a
sports ticketing event declaration; or
(ii) the Minister's approval under
section 157 of a ticket scheme for the
event.
30 (5) An offence against a provision of this section is an
indictable offence.
Note
An offence against this section may be heard and
determined summarily.
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165 Failing to comply with an approved ticket scheme
(1) A sports event organiser of a sports ticketing
event must not, without reasonable excuse,
knowingly fail to comply with the approved ticket
5 scheme for the event.
Penalty: 600 penalty units, in the case of a
natural person;
3000 penalty units, in the case of a
body corporate.
10 (2) A sports event organiser of a sports ticketing
event must not, without reasonable excuse,
knowingly fail to ensure that a person authorised
in writing to sell or distribute tickets to the event
on behalf of the sports event organiser does so in
15 accordance with the approved ticket scheme for
the event.
Penalty: 600 penalty units, in the case of a
natural person;
3000 penalty units, in the case of a
20 body corporate.
(3) A person authorised in writing to sell or distribute
tickets to a sports ticketing event on behalf of the
sports event organiser must not, without
reasonable excuse, knowingly sell or distribute the
25 tickets otherwise than in accordance with the
approved ticket scheme for the event.
Penalty: 600 penalty units, in the case of a
natural person;
3000 penalty units, in the case of a
30 body corporate.
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(4) An offence against a provision of this section is an
indictable offence.
Note
An offence against this section may be heard and
5 determined summarily.
166 Selling event tickets contrary to the ticket conditions
(1) Subject to subsection (2), if--
(a) an approved ticket scheme for a sports
ticketing event requires a condition that
10 prohibits or restricts the sale or distribution
of the ticket by a person who is not
authorised in writing to sell or distribute
tickets on behalf of the sports event organiser
to be printed on the ticket; and
15 (b) the condition is printed on a ticket to the
sports ticketing event--
a person must not, without reasonable excuse,
knowingly contravene the condition.
Penalty: 60 penalty units, in the case of a natural
20 person;
300 penalty units, in the case of a body
corporate.
(2) If a person is guilty of more than one offence
against subsection (1) in respect of a particular
25 sports ticketing event held on a particular day, the
total fine payable by the person for those offences
must not exceed--
(a) 600 penalty units in the case of a natural
person; or
30 (b) 3000 penalty units in the case of a body
corporate.
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(3) An offence against a provision of this section is an
indictable offence.
Note
An offence against this section may be heard and
5 determined summarily.
167 Charges may only be filed by the Secretary
A charge for an offence against this Part may only
be filed by the Secretary or his or her delegate.
Division 4--Other matters
10 168 VCAT review of certain decisions
(1) A sports event organiser may apply to VCAT for
the review of the Minister's decision--
(a) under section 152 to make a sports ticketing
event declaration; or
15 (b) under section 157 to refuse to approve the
ticket scheme set out in a ticket scheme
proposal.
(2) An application for review must be made within
28 days after the later of--
20 (a) the day on which the sports event organiser
receives notice of the decision; or
(b) if the sports event organiser requests a
statement of reasons for the decision under
the Victorian Civil and Administrative
25 Tribunal Act 1998, the day on which the
sports event organiser is given the statement
or informed under section 46(5) of that Act
that the statement will not be given.
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169 Delegation by Secretary
(1) The Secretary, by instrument, may delegate all or
any of his or her functions or powers under this
Part (other than this power of delegation) to a
5 person employed under Part 3 of the Public
Administration Act 2004.
(2) In the performance of a function, or exercise of a
power, delegated under this section the delegate is
subject to the Secretary's directions.
10 Division 5--Enforcement of this Part
170 Entry or search of premises with consent or with a
warrant
(1) This section applies to premises occupied by--
(a) a sports event organiser of a sports ticketing
15 event in respect of which there is an
approved ticket scheme; or
(b) a person who is authorised in writing to sell
or distribute tickets to that event on behalf of
the sports event organiser.
20 (2) For the purposes of monitoring compliance with
the approved ticket scheme for a sports ticketing
event or, if an authorised officer has a reasonable
belief that a person has contravened this Part, for
investigating that contravention, an authorised
25 officer may, with the consent of the occupier of
the premises--
(a) enter and search premises to which this
section applies, other than residential
premises;
30 (b) seize anything found on the premises which
the authorised officer reasonably believes to
be connected with an alleged contravention;
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(c) inspect and make copies of, or take extracts
from, any document found on the premises.
(3) With the Secretary's written approval, an
authorised officer may apply to a magistrate for
5 the issue of a search warrant for premises to which
this section applies if--
(a) the authorised officer reasonably believes
that there may be evidence on the premises
that a person may have contravened this Part;
10 and
(b) either--
(i) the occupier of the premises refuses a
request to consent to the authorised
officer doing one or more of the things
15 in subsection (2) or the premises are
residential premises; or
(ii) the authorised officer reasonably
believes that it is necessary to apply for
a search warrant to obtain or preserve
20 evidence of the alleged contravention.
(4) If a magistrate is satisfied that there are reasonable
grounds to believe that a particular kind of thing
which may be evidence of a contravention of this
Part is on the premises, he or she may issue a
25 search warrant in accordance with the
Magistrates' Court Act 1989 authorising a
specified authorised officer and any other
specified person or persons--
(a) to enter the premises with any necessary
30 equipment; and
(b) to do all or any of the following--
(i) search for or seize;
(ii) secure against interference;
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(iii) examine, inspect and make copies of, or
take extracts from--
a particular kind of thing or things specified
or described in the warrant which the
5 authorised officer reasonably believes to be
connected with the alleged contravention.
(5) The search warrant must state--
(a) the purpose of the search and nature of the
alleged contravention; and
10 (b) any conditions on the warrant; and
(c) whether entry is authorised to be made at any
time of the day or night or only during
particular hours; and
(d) when the warrant ceases to have effect,
15 which must be no more than 28 days after it
is issued.
(6) Subject to subsection (7), a search warrant must
be issued in accordance with the Magistrates'
Court Act 1989 and must be in the form
20 prescribed by the regulations under that Act.
(7) Despite section 78 of the Magistrates' Court Act
1989, a search warrant under this section must not
authorise an authorised officer to arrest a person.
(8) Except as provided by this Act, the rules to be
25 observed with respect to search warrants under the
Magistrates' Court Act 1989 extend and apply to
warrants issued under this section.
171 Announcement before entry
(1) On executing a search warrant, an authorised
30 officer must announce that he or she is authorised
by the warrant to enter the premises unless he or
she reasonably believes that immediate entry to
the premises is required to ensure--
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(a) the safety of any person; or
(b) that the effective execution of the search
warrant is not frustrated.
(2) The authorised officer must--
5 (a) identify himself or herself; and
(b) give a copy of the warrant to--
(i) the occupier; or
(ii) if the occupier is not present at the
premises, another person at the
10 premises; and
(c) if asked to do so, allow the occupier or
person a reasonable opportunity to arrange
for an Australian legal practitioner (within
the meaning of the Legal Profession Act
15 2004) to be present during the search of the
premises.
172 Court order to answer questions or produce
information or documents
(1) This section applies to--
20 (a) a sports event organiser of a sports ticketing
event in respect of which there is an
approved ticket scheme; and
(b) a person who is authorised in writing to sell
or distribute tickets to that event on behalf of
25 the sports event organiser; and
(c) officers (within the meaning of the
Corporations Act), employees or agents of
the sports event organiser, or of persons
authorised to sell or distribute tickets to the
30 event, who are involved, directly or
indirectly, in the sale or distribution of those
tickets.
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(2) For the purposes of monitoring compliance with
the approved ticket scheme for the sports ticketing
event, or if an authorised officer has a reasonable
belief that a person has contravened this Part, for
5 investigating that contravention, an authorised
officer, with the Secretary's written approval, may
apply to the Magistrates' Court for an order
requiring a person to whom this section applies to
do any of the following at a specified time and
10 place--
(a) answer orally or in writing any questions put
by an authorised officer;
(b) supply orally or in writing information
required by an authorised officer;
15 (c) produce to an authorised officer specified
documents or documents of a specified
class--
concerning compliance with the approved ticket
scheme or the alleged contravention of this Part.
20 (3) The Magistrates' Court may make the order sought
if it is satisfied on the basis of evidence presented
by the authorised officer that there are reasonable
grounds to believe that a person or persons--
(a) may not have complied with an approved
25 ticket scheme for a sports ticketing event in
contravention of this Part; or
(b) may have otherwise contravened this Part.
(4) An order under subsection (3) must specify when
it ceases to have effect, which must be no more
30 than 28 days after it is made.
173 Seizure etc. of documents under the order
(1) If any documents are produced to an authorised
officer in accordance with an order made under
section 172, the authorised officer may do one or
35 more of the following--
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(a) inspect the documents or authorise a person
to inspect the documents;
(b) make copies of or take extracts from the
documents;
5 (c) seize the documents if the authorised officer
considers the documents necessary for the
purpose of obtaining evidence for any
proceedings against a person under this Part;
(d) secure any seized documents against
10 interference;
(e) keep possession of the documents in
accordance with this Part.
(2) An authorised officer who executes an order made
under section 172 must as soon as practicable
15 notify the Magistrates' Court in writing of--
(a) the time and place of execution; and
(b) the documents or classes of documents
seized; and
(c) if documents were seized under subsection
20 (1)(c) for the purpose of obtaining evidence
of a contravention other than a contravention
for which the order was granted, the
contravention in respect of which the
documents were seized.
25 (3) The Magistrates' Court may direct the authorised
officer to bring before the Court a document
referred to in subsection (2)(c) so that the matter
may be dealt with according to law.
(4) The Magistrates' Court may direct that a document
30 brought before it under subsection (3) be returned
to its owner, subject to any condition the Court
considers appropriate, if the Court considers it can
be returned consistently with the interests of
justice.
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Part 9--Sports Event Ticketing
s. 174
174 Copies of seized documents
(1) If an authorised officer has possession of a
document seized from a person under this Part,
within 21 days after the seizure the authorised
5 officer must give the person a copy of the
document certified as being a copy of the
document seized by the authorised officer.
(2) A certified copy of a document is admissible in
evidence in all courts and tribunals as of equal
10 validity to the original document.
175 Return of seized documents or things
(1) If an authorised officer seizes a document or other
thing under this Part, he or she must take
reasonable steps to return the document or thing to
15 the person from whom it was seized if the reason
for its seizure no longer exists.
(2) If the document or thing has not been returned
within 3 months after it was seized, the authorised
officer must take reasonable steps to return it
20 unless--
(a) proceedings for the purpose for which the
document or thing was kept have started
within that 3 month period and those
proceedings (including any appeal) have not
25 been completed; or
(b) the Magistrates' Court makes an order under
subsection (4) extending the period for
which the document or thing may be kept.
(3) An authorised officer may apply to the
30 Magistrates' Court within 3 months after seizing a
document or thing under this Part for an extension
of the period for which he or she may keep the
document or thing.
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Part 9--Sports Event Ticketing
s. 176
(4) The Magistrates' Court may make an order
extending the period if it is satisfied that it is
necessary to keep the document or thing--
(a) for the purposes of an investigation into
5 whether a contravention of this Part has
occurred; or
(b) to enable evidence of a contravention of this
Part to be obtained for the purposes of a
proceeding under this Part.
10 (5) The Magistrates' Court may adjourn an
application to enable notice of the application to
be given to a person.
176 Protection against self-incrimination
It is a reasonable excuse for a natural person to
15 refuse or fail to give information, or do any other
thing (other than produce a document) that the
person is required to do under this Part, if giving
the information or doing the thing would tend to
incriminate the person.
20 177 Offence of giving false or misleading information
(1) A person must not give information to an
authorised officer under this Part that the person
knows to be false or misleading in any material
particular.
25 Penalty: 60 penalty units.
(2) A person must not produce a document to an
authorised officer under this Part that the person
knows to be false or misleading in a material
particular without indicating the respect in which
30 it is false or misleading and, if practicable,
providing correct information.
Penalty: 60 penalty units.
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s. 178
178 Entry to be reported to Secretary
(1) Within 7 days after exercising a power to enter
premises under this Part, an authorised officer
must report the exercise of the power to the
5 Secretary.
(2) The report must include all relevant details of the
entry including particulars of--
(a) the purpose, time and place of the entry; and
(b) the things done while on the premises,
10 including details of things seized, copies
made and extracts taken; and
(c) when the authorised officer left the premises.
(3) The Secretary must keep a register containing the
particulars of all reports made under this section.
15 179 Complaints about exercise of powers
(1) A person may complain to the Secretary about the
exercise of a power by an authorised officer under
this Part.
(2) The Secretary must--
20 (a) investigate the complaint; and
(b) provide a written report to the complainant
on the results of the investigation.
180 Service and sending of documents under this Part
(1) A written requirement by an authorised officer
25 under this Part may be served personally or by
registered mail to a person--
(a) at the last known place of business,
employment or residence of the person; or
(b) in the case of a body corporate, at its
30 registered office.
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s. 181
(2) A person who provides a document or information
as required by an authorised officer under this Part
may send that document or information to the
Secretary by registered mail.
5 181 Confidentiality
(1) An authorised officer must not, except to the
extent necessary to exercise his or her powers
under this Part, give to any other person (whether
directly or indirectly) information relating to a
10 person's business or personal affairs acquired by
the authorised officer in exercising those powers.
Penalty: 60 penalty units.
(2) Subsection (1) does not apply to the giving of
information--
15 (a) to a court or tribunal in the course of legal
proceedings; or
(b) in accordance with an order of a court or
tribunal; or
(c) to the extent reasonably required to enable
20 the investigation or the enforcement of a law
of this State, another State, a Territory or the
Commonwealth; or
(d) with the written authority of the Secretary; or
(e) with the written authority of the person to
25 whom the information relates.
182 Requirement to publish or produce information
(1) For the purpose of monitoring compliance with
this Part, the Secretary or, subject to subsection
(2), an authorised officer may require a publisher
30 of a publication to produce specified information
which has been published by the publisher in the
form in which it is kept by the publisher.
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s. 182
(2) An authorised officer can only require the
information to be produced with the Secretary's
written approval.
__________________
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Part 10--Authorised Officers
s. 183
PART 10--AUTHORISED OFFICERS
183 Appointment of authorised officers
(1) The Secretary may appoint a person to be an
authorised officer if--
5 (a) the person holds under the Private Security
Act 2004--
(i) a private security business licence that
authorises that person to carry on the
business of providing the services of
10 other persons to act as a security guard
or a crowd controller; or
(ii) a private security individual operator
licence that authorises that person to act
as a security guard or a crowd
15 controller; or
(b) the person is a person who the Secretary
believes has the appropriate skills,
knowledge or experience to be appointed as
an authorised officer; or
20 (c) the person is a member of a class of person
appropriate to be appointed as an authorised
officer.
(2) An appointment under subsection (1)--
(a) must be in writing; and
25 (b) must specify the terms and conditions on
which the person is appointed; and
(c) may specify particular major sporting events
in respect of which the person may exercise
powers, functions or duties as an authorised
30 officer; and
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Part 10--Authorised Officers
s. 184
(d) may specify particular event venues or event
areas in which the person may exercise
powers, functions or duties as an authorised
officer; and
5 (e) may specify the functions, duties or powers
under this Act to which it relates; and
(f) may be subject to any conditions that the
Secretary considers to be appropriate.
(3) The Secretary may require an authorised officer
10 appointed under this section to undertake
specified training before exercising any powers,
functions or duties under this Act.
184 Identification of authorised officers
(1) The Secretary must issue to each person appointed
15 as an authorised officer an identity card that--
(a) contains a photograph of the person; and
(b) states the full name of the person to whom it
is issued; and
(c) states that the person is an authorised officer
20 for the purposes of this Act or a specified
Part or provisions of this Act.
(2) An authorised officer must produce his or her
identity card for inspection at any time during the
exercise of a power under this Act, if asked to do
25 so.
(3) If a person appointed to be an authorised officer
proposes to exercise the functions of an authorised
officer and fails to produce on demand his or her
identity card, the person is not authorised to
30 exercise those functions in relation to the person
making the demand.
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Part 10--Authorised Officers
s. 185
(4) In any proceedings under this Act, an identity card
purporting to be issued to a person by the
Secretary under this Part is evidence of the
appointment of that person as an authorised
5 officer.
185 Offence to hinder or obstruct authorised officer
A person must not, without reasonable excuse,
obstruct or hinder an authorised officer in the
exercise of his or her powers, functions or duties
10 under this Act.
Penalty: 60 penalty units.
186 Offence to impersonate authorised officer
A person must not impersonate an authorised
officer.
15 Penalty: 60 penalty units.
187 Delegation by Secretary
The Secretary, in writing, may delegate any of the
powers conferred on the Secretary under this Part,
other than this power of delegation, to--
20 (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.
__________________
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Part 11--Enforcement
s. 188
PART 11--ENFORCEMENT
188 Who can bring proceedings for offences?
(1) A proceeding for an offence against this Act, other
than an offence against Part 9, may be brought
5 by--
(a) the Secretary; or
(b) a person authorised in writing by the
Secretary for the purposes of this section; or
(c) the Director of Public Prosecutions; or
10 (d) with the written authority of the Secretary,
an authorised officer who is not a member of
the police force; or
(e) a member of the police force.
(2) A proceeding commenced under subsection (1)
15 may be taken over and continued at any time by
any other person authorised by subsection (1) to
take proceedings.
(3) In a proceeding for an offence against this Act, it
must be presumed, in the absence of evidence to
20 the contrary, that the person bringing the
proceeding was authorised to bring the
proceeding.
189 Offences by bodies corporate
(1) If a body corporate contravenes any provision of
25 this Act, each officer of the body corporate is
deemed to have contravened the same provision if
the officer knowingly authorised or permitted the
contravention.
(2) A person may be proceeded against and convicted
30 under a provision in accordance with subsection
(1) whether or not the body corporate has been
proceeded against under that provision.
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Part 11--Enforcement
s. 190
(3) Nothing in this section affects any liability
imposed on a body corporate for an offence
committed by the body corporate against this Act.
190 Conduct by officers, employees or agents
5 (1) If, in any proceeding 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
10 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--
15 (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
20 agent's state of mind when the conduct
was engaged in.
(2) For the purposes of any proceeding under this Act,
any conduct engaged in on behalf of a body
corporate is deemed to have been engaged in also
25 by the body corporate if the conduct was engaged
in by--
(a) an officer of the body corporate within the
scope of the officer's actual or apparent
authority; or
30 (b) any other person at the specific direction or
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
35 of the officer.
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Part 11--Enforcement
s. 190
(3) If, in any proceeding 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--
5 (a) that the conduct was engaged in by an
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
10 of the person and--
(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
15 (iii) the person was aware of the agent's
state of mind when the conduct was
engaged in.
(4) For the purposes of any proceeding under this Act,
any conduct engaged in on behalf of a person
20 other than a body corporate (the principal) is
deemed to have been engaged in also by the
principal if the conduct was engaged in by--
(a) an employee of the principal within the
scope of the employee's actual or apparent
25 authority; or
(b) any other person at the specific direction or
with the specific consent or agreement of an
employee of the principal, if the giving of the
direction, consent or agreement is within the
30 scope of the actual or apparent authority of
the employee.
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Part 11--Enforcement
s. 191
(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,
5 belief or purpose.
191 Actions by firms and unincorporated association
If this Act provides that a person, being a firm or
an unincorporated association, is guilty of an
offence, that reference to the person--
10 (a) in the case of a partnership, is to be read as a
reference to each member of the partnership;
and
(b) in the case of any other unincorporated body,
is to be read as a reference to each member
15 of the committee of management of the
body.
__________________
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Part 12--Miscellaneous
s. 192
PART 12--MISCELLANEOUS
192 Interaction with Australian Grands Prix Act 1994
(1) Subject to subsections (2) and (3), nothing in this
Act affects the following in respect of an event
5 area for a major sporting event or in respect of an
event venue--
(a) the undertaking of works at Albert Park by
the Australian Grand Prix Corporation in
accordance with a licence granted under
10 section 28 of the Australian Grands Prix
Act 1994; or
(b) the exercise by the Australian Grand Prix
Corporation of a power to close roads under
section 33 of the Australian Grands Prix
15 Act 1994; or
(c) the exercise of any powers or functions
under the Australian Grands Prix Act 1994
by the Minister administering that Act.
(2) Before undertaking works referred to in
20 subsection (1)(a) or before exercising a power to
close roads referred to in subsection (1)(b), the
Australian Grand Prix Corporation must consult
with the Secretary or the event organiser in
relation to the relevant major sporting event, as
25 the case requires, if those works or that road
closure may affect--
(a) the carrying out of works for the purposes of
the major sporting event; or
(b) the exercise of any power or function under
30 this Act in respect of--
(i) an event venue for the purposes of a
major sporting event; or
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Part 12--Miscellaneous
s. 193
(ii) an event area for the purposes of a
major sporting event.
(3) Before exercising a power or function referred to
in subsection (1)(c), the Minister administering
5 the Australian Grands Prix Act 1994 must
consult with the Minister administering this Act if
the exercise of that power or function under that
Act may affect--
(a) the carrying out of works for the purposes of
10 a major sporting event; or
(b) the exercise of any power or function under
this Act in respect of--
(i) an event venue for the purposes of a
major sporting event; or
15 (ii) an event area for the purposes of a
major sporting event.
(4) If there is a dispute between the Secretary or the
event organiser and the Australian Grand Prix
Corporation about the exercise of any power or
20 function referred to in subsection (1)(a) or (b) in
relation to a major sporting event, the Secretary or
the event organiser (as the case requires) or the
Australian Grand Prix Corporation may refer the
matter to the Minister administering the
25 Australian Grands Prix Act 1994 and the
Minister administering this Act for a joint decision
on the matter.
193 Service of documents
(1) In addition to any other lawful method of service,
30 if, under this Act (other than Part 9), a document
or notice is required or permitted to be served on
or given to a person, the document or notice may
be served or given--
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Part 12--Miscellaneous
s. 194
(a) if the person is a natural person--
(i) by giving it to or serving it personally
on the person; or
(ii) by sending it by post to the person at
5 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
of the corporation within the meaning of the
10 Corporations Act.
(2) In addition to any other lawful method of service,
if, under this Act (other than Part 9), a document
or notice is required or permitted to be served on
or given to a firm, the document may be served or
15 given by leaving it at or sending it by post to the
principal place of business of the firm.
194 Regulations
(1) The Governor in Council may make regulations
for or with respect to--
20 (a) the care, control, management and use of an
event venue or event area during a major
sporting event;
(b) prohibiting or regulating any activity in an
event venue or event area for the purposes of
25 a major sporting event or major sporting
events generally;
(c) regulating the behaviour of persons in an
event venue or event area to ensure public
safety, good order and decency for the
30 purposes of a major sporting event or major
sporting events generally;
(d) prohibiting or regulating the entry or
admission of persons to an event venue or
event area for the purposes of a major
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Part 12--Miscellaneous
s. 194
sporting event or major sporting events
generally;
(e) prohibiting or regulating the driving, parking
or leaving parked of vehicles or the
5 anchoring, mooring or leaving of vessels,
within an event venue or event area for the
purposes of a major sporting event or major
sporting events generally;
(f) prescribing penalties not exceeding
10 20 penalty units for a contravention of the
regulations;
(g) 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 Act.
15 (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;
(c) may confer a discretionary authority or
20 impose a duty on a specified person or class
of persons;
(d) may leave any matter or thing to be from
time to time determined, approved or
dispensed with by the Secretary;
25 (e) may exempt specified persons or classes of
persons from complying with all or any of
the regulations;
(f) may apply, adopt or incorporate any matter
contained in any document, code, standard,
30 rule, specification or method, formulated,
issued, prescribed or published by any other
person, whether--
(i) wholly or partially or as amended by
the regulations; or
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Part 12--Miscellaneous
s. 194
(ii) as formulated, issued, prescribed or
published at the time the regulations are
made or at any time before then; or
(iii) as formulated, issued, prescribed or
5 published from time to time.
__________________
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Part 13--Consequential and Other Amendments, Transitional Provisions and
s. 195
Repeals
PART 13--CONSEQUENTIAL AND OTHER AMENDMENTS,
TRANSITIONAL PROVISIONS AND REPEALS
Division 1--Consequential and other amendments
195 Australian Grands Prix Act 1994
5 In section 3(1) of the Australian Grands Prix
Act 1994, in the definition of Phillip Island
Grand Prix circuit, for "volume 9465 folios 934
and 935 and volume 9705 folio 318" substitute
"volume 10304 folios 751 and 752 and
10 volume 11057 folios 600 and 601".
196 Magistrates' Court Act 1989--Major Events
(Crowd Management) Act 2003
In section 3(1) of the Magistrates' Court Act
1989, in paragraph (a) of the definition of
15 sentencing order, for "section 17A of the Major
Events (Crowd Management) Act 2003"
substitute "section 87 of the Major Sporting
Events Act 2009".
197 Magistrates' Court Act 1989--clause 65 of
20 Schedule 4 substituted
For clause 65 of Schedule 4 to the Magistrates'
Court Act 1989 substitute--
"65 Major Sporting Events Act 2009
(1) Indictable offences under Part 9 of the
25 Major Sporting Events Act 2009, but the
maximum fine that the Court may impose in
respect of a single offence under this clause
is--
(a) 300 penalty units in the case of a
30 natural person; or
(b) 1500 penalty units in the case of a body
corporate.
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Part 13--Consequential and Other Amendments, Transitional Provisions and
s. 198
Repeals
(2) An offence against section 125 of the Major
Sporting Events Act 2009.".
198 Magistrates' Court Act 1989--Major Events (Aerial
Advertising) Act 2007
5 Clause 68 of Schedule 4 to the Magistrates'
Court Act 1989 is repealed.
199 World Swimming Championships Act 2004
(1) In the heading to section 50C of the World
Swimming Championships Act 2004, for
10 "Major Events (Crowd Management) Act
2003" substitute "Major Sporting Events Act
2009".
(2) In section 50C of the World Swimming
Championships Act 2004, for "Major Events
15 (Crowd Management) Act 2003" substitute
"Major Sporting Events Act 2009".
(3) In the heading to section 69A of the World
Swimming Championships Act 2004, for
"Major Events (Aerial Advertising) Act 2007"
20 substitute "Major Sporting Events Act 2009".
(4) In section 69A of the World Swimming
Championships Act 2004, for "Major Events
(Aerial Advertising) Act 2007" substitute
"Major Sporting Events Act 2009".
25 Division 2--Repeals and transitional provisions
200 Repeal of Acts
(1) The Major Events (Crowd Management) Act
2003 is repealed.
(2) The Major Events (Aerial Advertising) Act
30 2007 is repealed.
(3) The Sports Event Ticketing (Fair Access) Act
2002 is repealed.
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Part 13--Consequential and Other Amendments, Transitional Provisions and
s. 201
Repeals
201 Interpretation of Legislation Act 1984
Nothing in this Division affects or limits the
operation of the Interpretation of Legislation
Act 1984 unless the contrary intention appears.
5 202 Major Events (Crowd Management) Act 2003--
transitional provisions
(1) A major event declared by Order made under
section 5(2) of the Major Events (Crowd
Management) Act 2003 and in force immediately
10 before the commencement of this Act is deemed,
on and from that commencement, to be a major
sporting event for the date or dates specified in the
Order as if the Order made under section 5(2) of
the Major Events (Crowd Management) Act
15 2003 were a major sporting event order made
under this Act.
(2) A managed venue declared by Order made under
section 5A(1) of the Major Events (Crowd
Management) Act 2003 and in force immediately
20 before the commencement of this Act is deemed,
on and from that commencement, to be an event
venue for the date or dates specified in the Order
as if the Order made under section 5A(1) of the
Major Events (Crowd Management) Act 2003
25 were a major sporting event order made under this
Act.
(3) A managed access area declared by Order made
under section 6(1) of the Major Events (Crowd
Management) Act 2003 and in force immediately
30 before the commencement of this Act is deemed,
on and from that commencement, to be an event
area for the date or dates specified in the Order as
if the Order made under section 6(1) of the Major
Events (Crowd Management) Act 2003 were a
35 major sporting event order made under this Act.
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Part 13--Consequential and Other Amendments, Transitional Provisions and
s. 203
Repeals
(4) Despite the repeal of section 10C of the Major
Events (Crowd Management) Act 2003, any
item to which that section applied immediately
before the commencement of this Act is taken to
5 be an item to which section 79 applies.
(5) Despite the repeal of the Major Events (Crowd
Management) Act 2003, a ban order imposed on
an offender under section 17A of that Act and in
force immediately before that repeal, continues in
10 force for the period specified in the ban order as if
the ban order had been made under this Act.
203 Major Events (Aerial Advertising) Act 2007--
transitional provisions for specified events
A specified event declared by Order made under
15 section 4(1) of the Major Events (Aerial
Advertising) Act 2007 and in force immediately
before the commencement of this Act is deemed,
on and from that commencement, to be an aerial
advertising event for the date or dates specified in
20 the Order as if the Order made under section 4(1)
of the Major Events (Aerial Advertising) Act
2007 were a major sporting event order specifying
the event to be an aerial advertising event under
this Act.
25 204 Sports Event Ticketing (Fair Access) Act 2002--
transitional provisions
(1) A declared event declared under section 8(1) of
the Sports Event Ticketing (Fair Access) Act
2002 and being a declared event in force
30 immediately before the commencement of this
Act is deemed, on and from that commencement,
to be a sports event to which a sports ticketing
event declaration applies under this Act for the
date or dates specified in the declaration made
35 under section 8(1) of the Sports Event Ticketing
(Fair Access) Act 2002 as if that declaration were
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Part 13--Consequential and Other Amendments, Transitional Provisions and
s. 205
Repeals
a sports ticketing event declaration made under
this Act.
(2) An approved ticket scheme for a declared event
under section 11 of the Sports Event Ticketing
5 (Fair Access) Act 2002 in force immediately
before the commencement of this Act is deemed,
on and from that commencement, to be an
approved ticket scheme under this Act.
(3) Guidelines made under section 17 of the Sports
10 Event Ticketing (Fair Access) Act 2002 in force
immediately before the repeal of that Act continue
in force, despite that repeal, as if they were
ticketing guidelines under this Act.
205 Authorised officers
15 On and from the commencement of this Act, an
authorised officer appointed under the Major
Events (Crowd Management) Act 2003, the
Major Events (Aerial Advertising) Act 2007 or
the Sports Event Ticketing (Fair Access) Act
20 2002 whose appointment is in force immediately
before that commencement, is taken to be an
authorised officer appointed under this Act--
(a) with the functions, duties and powers under
this Act corresponding to the functions,
25 duties and powers under the relevant
repealed Act under which that person was
originally appointed as an authorised officer;
and
(b) for a period corresponding to the remaining
30 period of that person's appointment as an
authorised officer under the relevant repealed
Act under which he or she was originally
appointed.
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Part 13--Consequential and Other Amendments, Transitional Provisions and
s. 206
Repeals
206 Regulations dealing with transitional matters
(1) The Governor in Council may make regulations
containing provisions of a transitional nature,
including matters of an application or savings
5 nature, arising as a result of the enactment of this
Act, including the repeals and amendments made
by this Act.
(2) Regulations made under this section may--
(a) have a retrospective effect to a day on or
10 from the date that this Act receives the Royal
Assent; and
(b) be of limited or general application; and
(c) leave any matter or thing to be decided by a
specified person or class of person; and
15 (d) provide for the exemption of persons or
proceedings or a class of persons or
proceedings from any of the regulations
made under this section.
(3) Regulations under this section have effect despite
20 anything to the contrary in any Act (other than this
Act or the Charter of Human Rights and
Responsibilities Act 2006) or in any subordinate
instrument.
561269B.I-25/2/2009 164 BILL LA INTRODUCTION 25/2/2009
Major Sporting Events Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561269B.I-25/2/2009 165 BILL LA INTRODUCTION 25/2/2009
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