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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Sports Event Ticketing (Fair Access) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Meaning of "sports event" 4
5. Act binds the Crown 4
PART 2--DECLARATION OF AN EVENT 5
6. Notice of intention to declare an event 5
7. Declaration of an event 5
8. Minister may revoke a declaration of an event 6
PART 3--APPROVAL OF TICKET SCHEME FOR A
DECLARED EVENT 8
9. Requirement to lodge a ticket scheme proposal 8
10. Decision whether to approve a ticket scheme 8
11. Replacement proposal if declaration applies to the event
generally 10
12. Authorisations to sell or distribute tickets 11
13. Variation of approved ticket scheme 11
14. Cancellation of approval of ticket scheme 11
PART 4--GUIDELINES 13
15. Guidelines 13
PART 5--OFFENCES 14
16. Holding the event before there is an approved ticket scheme 14
17. Failing to comply with an approved ticket scheme 14
18. Selling event tickets contrary to the ticket conditions 15
19. Offences are indictable 16
20. Charges may only be filed by the Department Head 16
21. Offences by bodies corporate 16
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Clause Page
22. Imputing a state of mind to bodies corporate 17
23. Offences by unincorporated associations 17
PART 6--AUTHORISED OFFICERS AND ENFORCEMENT 18
24. Appointment of authorised officers 18
25. Identity cards 18
26. Entry or search of premises with consent or with a warrant 18
27. Announcement before entry 20
28. Court order to answer questions or produce information or
documents 21
29. Seizure etc. of documents under the order 23
30. Copies of seized documents 24
31. Return of seized documents or things 24
32. Protection against self-incrimination 25
33. Offence of giving false or misleading information 25
34. Offence to hinder, obstruct or impersonate authorised officer 26
35. Entry to be reported to Department Head 26
36. Complaints about exercise of powers 27
37. Service of documents 27
38. Confidentiality 27
39. Requirement to publish or produce information 28
PART 7--OTHER MATTERS 29
40. VCAT review of certain decisions 29
41. Delegation by Department Head 29
42. Regulations 30
PART 8--CONSEQUENTIAL AMENDMENT TO THE
MAGISTRATES' COURT ACT 1989 31
43. Schedule 4 to the Magistrates' Court Act 1989 31
ENDNOTES 32
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PARLIAMENT OF VICTORIA
Initiated in Assembly 9 May 2002
A BILL
to regulate the sale and distribution of tickets to certain sports events
to ensure fair access to tickets and for other purposes.
Sports Event Ticketing (Fair Access)
Act 2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to maximise
access by members of the public to tickets to
5 certain sports events by--
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Act No.
Part 1--Preliminary
s. 2
(a) allowing the Minister to declare certain
sports events for the purposes of this Act;
and
(b) requiring the sale and distribution of tickets
5 to declared events to be in accordance with a
scheme approved by the Minister, which
may involve placing conditions on the sale or
distribution of tickets to the event; and
(c) providing offences for certain breaches of an
10 approved ticket scheme for a declared event
or of conditions on the sale or distribution of
tickets to the event.
2. Commencement
This Act comes into operation on the day after the
15 day on which it receives the Royal Assent.
3. Definitions
In this Act--
"approved ticket scheme" for a declared event
means a ticket scheme for the event that is
20 currently approved by the Minister under
section 10;
"authorised officer" means a person appointed
as an authorised officer under section 24;
"declared event" means--
25 (a) a sports event in respect of which there
is a current declaration under section 7;
and
(b) if the event is to be replayed or
re-scheduled for any reason, includes
30 the replaying of the event or the
re-scheduled event;
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Part 1--Preliminary
s. 3
"Department" means--
(a) the Department of Tourism, Sport and
the Commonwealth Games; or
(b) if the name of that Department changes
5 under the Public Sector Management
and Employment Act 1998, the
Department as known by its new name;
"Department Head" means the Department
Head (within the meaning of the Public
10 Sector Management and Employment Act
1998) of the Department;
"event organiser" of a sports event means--
(a) the person who is responsible (whether
fully or substantially) for--
15 (i) the organisation and holding of
the event; and
(ii) the receipt of revenue from the
event; or
(b) if the Minister determines in writing
20 that a person who is responsible
(whether fully or substantially) for any
of the things in paragraph (a) for a
particular sports event is the event
organiser of that event--that person;
25 "person" includes an unincorporated association;
"sports event" has the meaning given by
section 4;
"ticket scheme" for a declared event means a
scheme concerning the sale and distribution
30 of tickets to the event;
"ticket scheme proposal" for a declared event
means a proposal by the event organiser that
sets out details of the ticket scheme for the
event.
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Part 1--Preliminary
s. 4
4. Meaning of "sports event"
(1) In this Act, "sports event" means--
(a) a type of match, game or other event; or
(b) a series of matches, games or other events; or
5 (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 charge, or after
10 making a donation, to view the playing of the
sport or to enter or remain at the ground or place.
(2) A "sports event" that consists of a series of
matches, games or other events or a tournament
includes any opening or closing ceremonies
15 connected with the series or tournament.
5. Act binds the Crown
This Act binds the Crown--
(a) in right of the State of Victoria; and
(b) to the extent that the legislative power of the
20 Parliament permits, in all its other capacities.
__________________
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Sports Event Ticketing (Fair Access) Act 2002
Act No.
Part 2--Declaration of an event
s. 6
PART 2--DECLARATION OF AN EVENT
6. Notice of intention to declare an event
(1) If the Minister considers that--
(a) a sports event is major (having regard to the
5 likely number of spectators for the event);
and
(b) it is appropriate to declare the event for the
purposes of this Act--
the Minister may, no less than 9 months before the
10 event is to be held, give written notice to the event
organiser that the Minister intends to declare the
event for the purposes of this Act.
(2) The notice must--
(a) specify whether the proposed declaration
15 will apply to--
(i) the holding of the event on a particular
occasion only; or
(ii) the holding of the event generally
(regardless of when or how often the
20 event is held) until the declaration is
revoked; and
(b) state that within 14 days after receiving the
notice the event organiser may give a written
submission to the Minister on whether the
25 event should be declared.
7. Declaration of an event
(1) Within 14 days after the end of the period for
giving the Minister a submission on whether an
event should be declared, the Minister must--
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(a) declare the event for the purposes of this Act
if he or she considers it appropriate to do so
having regard to the event organiser's
submission (if any); or
5 (b) decide not to declare the event for the
purposes of this Act--
and notify the event organiser accordingly.
(2) If the Minister declares the event, the declaration
must specify whether it applies to--
10 (a) the holding of the event on a particular
occasion only; or
(b) the holding of the event generally (regardless
of when or how often the event is held) until
the declaration is revoked.
15 (3) The Minister must ensure that a copy of the
declaration is published in the Government
Gazette.
(4) The declaration applies to the holding of the event
regardless of whether the event organiser changes.
20 Note: The event organiser may apply for review of a
decision to declare the event (see section 40).
8. Minister may revoke a declaration of an event
(1) The Minister may revoke, in writing, a declaration
of an event under section 7 if he or she considers
25 it is appropriate to do so, whether the declaration
applies to--
(a) the holding of the event on a particular
occasion only; or
(b) the holding of the event generally (regardless
30 of when or how often the event is held).
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(2) As soon as practicable after a declaration is
revoked, the Minister must ensure that a copy of
the revocation is--
(a) given to the event organiser; and
5 (b) published in the Government Gazette.
__________________
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Sports Event Ticketing (Fair Access) Act 2002
Act No.
Part 3--Approval of ticket scheme for a declared event
s. 9
PART 3--APPROVAL OF TICKET SCHEME FOR A
DECLARED EVENT
9. Requirement to lodge a ticket scheme proposal
(1) Within 60 days after receiving notice that the
5 Minister has declared an event for the purposes of
this Act, the event organiser must give the
Minister a ticket scheme proposal.
(2) The proposal must comply with the guidelines
under section 15.
10 (3) The Minister may require the event organiser to
provide further details of the proposal within a
specified time.
(4) The Minister may extend the time for giving the
Minister a proposal or further details of a
15 proposal.
(5) An event organiser may, with the Minister's
written approval, give the Minister a replacement
ticket scheme proposal at any time before
receiving notice from the Minister that--
20 (a) the ticket scheme set out in the earlier
proposal is an approved ticket scheme; or
(b) the Minister has refused to approve the ticket
scheme set out in the earlier proposal.
10. Decision whether to approve a ticket scheme
25 (1) If an event organiser gives the Minister a ticket
scheme proposal for an event, the Minister must--
(a) approve the ticket scheme for the event set
out in the proposal (with or without
modifications); or
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(b) refuse to approve the ticket scheme for the
event set out in the proposal--
and notify the event organiser accordingly (with
reasons in the case of a refusal).
5 (2) The Minister must do so within 28 days after--
(a) receiving the proposal; or
(b) if the Minister required the event organiser to
provide further details of the proposal,
receiving those further details.
10 (3) The Minister may refuse to approve the ticket
scheme set out in a proposal if--
(a) the proposal does not comply with the
guidelines under section 15; or
(b) the event organiser fails to comply with a
15 requirement to provide further details of the
proposal; or
(c) the Minister considers it appropriate to do so
for any other reason.
(4) If the Minister refuses to approve a ticket scheme
20 set out in a proposal the event organiser may, with
the Minister's written approval, give the Minister a
replacement ticket scheme proposal (and this
section applies to the replacement ticket scheme
proposal).
25 (5) An approved ticket scheme for an event applies to
the holding of the event regardless of whether the
event organiser changes.
Note: The event organiser may apply for review of a
decision to refuse to approve the ticket scheme set out
30 in a ticket scheme proposal (see section 40).
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s. 11
11. Replacement proposal if declaration applies to the
event generally
(1) If--
(a) there is an approved ticket scheme for a
5 declared event; and
(b) the declaration of the event applies to the
holding of the event generally (regardless of
when or how often the event is held)--
the event organiser may, with the Minister's
10 written approval, give the Minister a replacement
ticket scheme proposal.
Note: Under sub-section (4)(b), if the ticket scheme set out
in the replacement ticket scheme proposal is
approved, it only applies to an event that is held at
15 least 9 months after the approval is given.
(2) The Minister may require the event organiser to
provide further details of the replacement ticket
scheme proposal within a specified time.
(3) The Minister may extend the time for giving the
20 Minister further details of a replacement ticket
scheme proposal.
(4) Section 10 applies to the replacement ticket
scheme proposal and--
(a) if the Minister refuses to approve the ticket
25 scheme set out in the replacement ticket
scheme proposal, the earlier approved ticket
scheme continues to be approved until the
Minister revokes the approval; and
(b) if the Minister approves the ticket scheme set
30 out in the replacement ticket scheme
proposal--
(i) that approved ticket scheme only
applies to; and
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(ii) the earlier approved ticket scheme is
taken to be no longer approved for--
an event that is held at least 9 months after
that approval is given.
5 12. Authorisations to sell or distribute tickets
If there is an approved ticket scheme for a
declared event, the event organiser must--
(a) ensure that any authorisation to sell or
distribute tickets to the event on behalf of the
10 event organiser is given in writing; and
(b) notify (in writing) the Minister of the name
and contact details of each person who is,
from time to time, given such an
authorisation.
15 13. Variation of approved ticket scheme
An event organiser may vary an approved ticket
scheme for the declared event at any time with the
Minister's written approval.
14. Cancellation of approval of ticket scheme
20 (1) The Minister may cancel the approval of a ticket
scheme for a declared event, by giving written
notice to the event organiser, if the Minister
considers it is appropriate to do so because--
(a) the event organiser fails to comply with
25 section 12; or
(b) there has been a change in circumstances
since the approval was given; or
(c) the approved ticket scheme is not operating
adequately in practice--
30 or for any other reason.
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(2) A cancellation only takes effect in respect of an
event that is held at least 9 months after the
cancellation.
(3) The Minister must ensure that notice of the
5 cancellation is published in the Government
Gazette.
__________________
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Sports Event Ticketing (Fair Access) Act 2002
Act No.
Part 4--Guidelines
s. 15
PART 4--GUIDELINES
15. Guidelines
(1) The Minister must make written guidelines setting
out requirements for ticket scheme proposals and
5 approved ticket schemes.
(2) The guidelines may, for example, require that an
approved ticket scheme for an event--
(a) provide that a specified minimum proportion
of tickets to the event must be made
10 available for sale or distribution to the public
generally or to particular classes of persons;
and
(b) place conditions on the sale or distribution of
tickets to the event prohibiting or restricting
15 the sale or distribution of tickets by persons
who are not authorised in writing to sell or
distribute tickets on behalf of the event
organiser; and
(c) require certain information to be printed on
20 tickets to the event (such as information
about conditions on the sale or distribution
of tickets and offences that may apply if a
person breaches such a condition).
(3) The Minister must ensure that a copy of the
25 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
guidelines are published in the Government
30 Gazette.
__________________
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Sports Event Ticketing (Fair Access) Act 2002
Act No.
Part 5--Offences
s. 16
PART 5--OFFENCES
16. Holding the event before there is an approved ticket
scheme
The event organiser of a sports event must not,
5 without reasonable excuse, hold the event, sell
tickets to the event or authorise (whether orally or
in writing) tickets to the event to be sold or
distributed at any time between--
(a) receiving notice of the Minister's intention to
10 declare the event for the purposes of this
Act; and
(b) receiving notice of either of the following--
(i) the Minister's decision not to declare
the event for the purposes of this Act;
15 (ii) the Minister's approval under section 10
of a ticket scheme for the event.
Penalty: 600 penalty units in the case of a
natural person or 3000 penalty units in
the case of a body corporate.
20 17. Failing to comply with an approved ticket scheme
(1) An event organiser of a declared event is guilty of
an offence if, without reasonable excuse, the event
organiser knowingly fails--
(a) to comply with the approved ticket scheme
25 for the event; or
(b) to ensure that a person authorised in writing
to sell or distribute tickets to the event on
behalf of the event organiser does so in
accordance with the approved ticket scheme
30 for the event.
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Part 5--Offences
s. 18
(2) A person authorised in writing to sell or distribute
tickets to a declared event on behalf of the event
organiser is guilty of an offence if, without
reasonable excuse, the person knowingly does so
5 otherwise than in accordance with the approved
ticket scheme for the event.
(3) An event organiser or person who is guilty of an
offence against sub-section (1) or (2) is liable to a
fine not exceeding--
10 (a) 600 penalty units in the case of a natural
person; or
(b) 3000 penalty units in the case of a body
corporate.
18. Selling event tickets contrary to the ticket conditions
15 (1) A person is guilty of an offence if, without
reasonable excuse, the person knowingly
contravenes a condition that--
(a) is printed on a ticket to a declared event; and
(b) prohibits or restricts the sale or distribution
20 of the ticket by a person who is not
authorised in writing to sell or distribute
tickets on behalf of the event organiser.
(2) A person who is guilty of an offence against
sub-section (1) is liable to a fine not exceeding--
25 (a) 60 penalty units in the case of a natural
person; or
(b) 300 penalty units in the case of a body
corporate.
(3) However, if the person is guilty of more than one
30 offence against sub-section (1) in respect of a
particular declared event held on a particular day,
the total fine payable by the person for those
offences is not to exceed--
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Part 5--Offences
s. 19
(a) 600 penalty units in the case of a natural
person; or
(b) 3000 penalty units in the case of a body
corporate.
5 19. Offences are indictable
An offence against this Part is an indictable
offence.
Note: However, an offence against this Part may be heard
and determined summarily (see section 53 of, and
10 Schedule 4 to, the Magistrates' Court Act 1989).
20. Charges may only be filed by the Department Head
A charge for an offence against this Part may only
be filed by the Department Head or his or her
delegate.
15 21. Offences by bodies corporate
(1) An officer (within the meaning of the
Corporations Act) of a body corporate that is
guilty of an offence against this Part is also--
(a) guilty of the offence; and
20 (b) liable to the penalty for the offence that
applies to a natural person--
if the officer knowingly authorised or allowed the
contravention.
(2) A person may be found guilty of, or convicted for,
25 an offence in accordance with sub-section (1)
whether or not the body corporate has been found
guilty of, or convicted for, the offence.
(3) Nothing in this section affects any liability
imposed on a body corporate for an offence
30 committed by the body corporate against this Part.
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Part 5--Offences
s. 22
22. Imputing a state of mind to bodies corporate
If it is necessary to establish, in any proceedings
for an offence against this Part, the state of mind
of a body corporate concerning particular conduct
5 it is sufficient to show that--
(a) the conduct was engaged in by an officer
(within the meaning of the Corporations Act)
or agent of the body corporate within the
scope of his or her actual or apparent
10 authority; and
(b) the officer or agent had that state of mind.
23. Offences by unincorporated associations
If--
(a) this Part provides that a person is guilty of an
15 offence; and
(b) the person is an unincorporated
association--
that reference to the person is taken to be instead a
reference to each member of the committee of
20 management of the association.
__________________
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Sports Event Ticketing (Fair Access) Act 2002
Act No.
Part 6--AUThorised officers and enforcement
s. 24
PART 6--AUTHORISED OFFICERS AND ENFORCEMENT
24. Appointment of authorised officers
(1) The Department Head may, with the Minister's
written approval, appoint a person as an
5 authorised officer.
(2) The appointment must be in writing and must
specify the terms and conditions on which the
person is appointed.
(3) The Department Head may require an authorised
10 officer to undertake specified training before
exercising any powers under this Part.
25. Identity cards
(1) The Department Head must issue an identity card
to each authorised officer containing a photograph
15 of the officer.
(2) An authorised officer must produce his or her
identity card for inspection--
(a) before exercising a power under this Part
other than a requirement made by post; and
20 (b) at any time during the exercise of a power
under this Part if asked to do so.
Penalty: 10 penalty units.
26. Entry or search of premises with consent or with a
warrant
25 (1) This section applies to premises occupied by--
(a) the event organiser of a declared event in
respect of which there is an approved ticket
scheme; or
(b) a person who is authorised in writing to sell
30 or distribute tickets to that event on behalf of
the event organiser.
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(2) An authorised officer may do any of the
following, with the consent of the occupier of the
premises, for the purposes of monitoring
compliance with the approved ticket scheme for
5 the event or investigating the authorised officer's
reasonable belief that a person has contravened
this Act--
(a) enter and search premises to which this
section applies;
10 (b) seize anything found on the premises which
the authorised officer reasonably believes to
be connected with an alleged contravention;
(c) inspect and make copies of, or take extracts
from, any document found on the premises.
15 (3) An authorised officer may, with the Department
Head's written approval, apply to a magistrate for
the issue of a search warrant for premises to which
this section applies if--
(a) the authorised officer reasonably believes
20 that there may be evidence on the premises
that a person may have contravened this Act;
and
(b) either--
(i) the occupier of the premises refuses a
25 request to consent to the authorised
officer doing one or more of the things
in sub-section (2); or
(ii) the authorised officer reasonably
believes that it is necessary to apply for
30 a search warrant to obtain or preserve
evidence of the alleged contravention.
(4) If a magistrate is satisfied that there are reasonable
grounds to believe that a particular kind of thing
connected with a contravention of this Act is on
35 the premises, he or she may issue the search
19
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warrant in accordance with the Magistrates'
Court Act 1989 authorising a specified authorised
officer and any other specified person or
persons--
5 (a) to enter the premises with any necessary
equipment; and
(b) to do all or any of the following--
(i) search for or seize;
(ii) secure against interference;
10 (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
authorised officer reasonably believes to be
15 connected with the alleged contravention.
(5) The search warrant must state--
(a) the purpose of the search and nature of the
alleged contravention; and
(b) any conditions on the warrant; and
20 (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
(which must be no more than 28 days after it
25 is issued).
(6) Except as provided by this Act, the rules to be
observed with respect to search warrants under the
Magistrates' Court Act 1989 extend and apply to
warrants issued under this section.
30 27. Announcement before entry
(1) An authorised officer must, on executing a search
warrant, announce that he or she is authorised by
the warrant to enter the premises.
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(2) However, an authorised officer need not do so if
he or she reasonably believes that immediate entry
to the premises is required to ensure--
(a) the safety of any person; or
5 (b) that the effective execution of the search
warrant is not frustrated.
(3) The authorised officer must--
(a) identify himself or herself, and give a copy
of the warrant, to--
10 (i) the occupier; or
(ii) if the occupier is not present at the
premises, another person at the
premises; and
(b) if asked to do so, allow the occupier or
15 person a reasonable opportunity to arrange
for a legal practitioner to be present during
the search of the premises.
28. Court order to answer questions or produce
information or documents
20 (1) This section applies to--
(a) the event organiser of a declared event in
respect of which there is an approved ticket
scheme; and
(b) a person who is authorised in writing to sell
25 or distribute tickets to that event on behalf of
the event organiser; and
(c) officers (within the meaning of the
Corporations Act), employees or agents of
the event organiser, or of persons authorised
30 to sell or distribute tickets to the 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 event or
investigating an authorised officer's reasonable
belief that a person has contravened this Act, an
5 authorised officer 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 place--
(a) answer orally or in writing any questions put
10 by an authorised officer;
(b) supply orally or in writing information
required by an authorised officer;
(c) produce to an authorised officer specified
documents or documents of a specified
15 class--
concerning compliance with the approved ticket
scheme or the alleged contravention of this Act.
(3) However, the authorised officer can only make the
application with the Department Head's written
20 approval.
(4) 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--
25 (a) may not have complied with an approved
ticket scheme for a declared event in
contravention of this Act; or
(b) may have otherwise contravened this Act.
(5) The order must specify when it ceases to have
30 effect (which must be no more than 28 days after
it is made).
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29. 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 28, the authorised officer may do one or
5 more of the following--
(a) inspect the documents or authorise a person
to inspect the documents;
(b) make copies of or take extracts from the
documents;
10 (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 Act;
(d) secure any seized documents against
15 interference;
(e) keep possession of the documents in
accordance with this Part.
(2) An authorised officer who executes an order under
section 28 must as soon as practicable notify the
20 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 sub-section
25 (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.
30 (3) The Magistrates' Court may direct the authorised
officer to bring before the Court a document
referred to in sub-section (2)(c) so that the matter
may be dealt with according to law.
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s. 30
(4) The Magistrates' Court may direct that a document
brought before it under sub-section (3) be returned
to its owner, subject to any condition the Court
considers appropriate, if the Court considers it can
5 be returned consistently with the interests of
justice.
30. Copies of seized documents
(1) If an authorised officer has possession of a
document seized from a person under this Part,
10 within 21 days after the seizure the authorised
officer must give the person a copy of the
document certified as correct by the authorised
officer.
(2) A certified copy of a document is admissible in
15 evidence in all courts and tribunals as of equal
validity to the original document.
31. 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
20 reasonable steps to return the document or thing to
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
25 officer must take reasonable steps to return it
unless--
(a) proceedings for the purpose for which the
document or thing was kept have started
within that 3 month period and those
30 proceedings (including any appeal) have not
been completed; or
(b) the Magistrates' Court makes an order under
sub-section (4) extending the period for
which the document or thing may be kept.
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(3) An authorised officer may apply to the
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
5 document or thing.
(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
10 whether a contravention of this Act has
occurred; or
(b) to enable evidence of a contravention of this
Act to be obtained for the purposes of a
proceeding under this Act.
15 (5) The Magistrates' Court may adjourn an
application to enable notice of the application to
be given to a person.
32. Protection against self-incrimination
It is a reasonable excuse for a natural person to
20 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.
25 33. 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.
30 Penalty: 60 penalty units.
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(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
5 it is false or misleading and, if practicable,
providing correct information.
Penalty: 60 penalty units.
34. Offence to hinder, obstruct or impersonate authorised
officer
10 (1) A person must not, without reasonable excuse,
hinder or obstruct an authorised officer who is
exercising a power under this Part.
Penalty: 60 penalty units.
(2) A person who is not an authorised officer must
15 not, in any way, hold himself or herself out to be
an authorised officer.
Penalty: 60 penalty units.
35. Entry to be reported to Department Head
(1) Within 7 days after exercising a power to enter
20 premises under this Part, an authorised officer
must report the exercise of the power to the
Department Head.
(2) The report must include all relevant details of the
entry including particulars of--
25 (a) the purpose, time and place of the entry; and
(b) the things done while on the premises,
including details of things seized, copies
made and extracts taken; and
(c) when the authorised officer left the premises.
30 (3) The Department Head must keep a register
containing the particulars of all reports made
under this section.
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36. Complaints about exercise of powers
(1) A person may complain to the Department Head
about the exercise of a power by an authorised
officer under this Part.
5 (2) The Department Head must--
(a) investigate the complaint; and
(b) provide a written report to the complainant
on the results of the investigation.
37. Service of documents
10 (1) A written requirement by an authorised officer
under this Part may be given personally or by
certified mail to a person--
(a) at the last known place of business,
employment or residence of the person; or
15 (b) in the case of a body corporate, at its
registered office.
(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
20 Department Head by certified mail.
38. 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
25 directly or indirectly) information relating to a
person's business or personal affairs acquired by
the authorised officer in exercising those powers.
Penalty: 60 penalty units.
(2) Sub-section (1) does not apply to the giving of
30 information--
(a) to a court or tribunal in the course of legal
proceedings; or
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(b) in accordance with an order of a court or
tribunal; or
(c) to the extent reasonably required to enable
the investigation or the enforcement of a law
5 of this State, another State, a Territory or the
Commonwealth; or
(d) with the written authority of the Department
Head; or
(e) with the written authority of the person to
10 whom the information relates.
39. Requirement to publish or produce information
(1) For the purpose of monitoring compliance with
this Act, the Department Head or an authorised
officer may require a publisher of a publication to
15 produce specified information which has been
published by the publisher in the form in which it
is kept by the publisher.
(2) However, the authorised officer can only require
the information to be produced with the
20 Department Head's written approval.
__________________
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Act No.
Part 7--Other matters
s. 40
PART 7--OTHER MATTERS
40. VCAT review of certain decisions
(1) If the Minister makes a decision--
(a) under section 7 to declare an event for the
5 purposes of this Act; or
(b) under section 10 to refuse to approve the
ticket scheme set out in a ticket scheme
proposal--
the event organiser may apply to the Tribunal for
10 review of the Minister's decision.
(2) An application for review must be made within
28 days after the later of--
(a) the day on which the event organiser
receives notice of the decision; or
15 (b) if the event organiser requests a statement of
reasons for the decision under the Victorian
Civil and Administrative Tribunal Act
1998, the day on which the event organiser is
given the statement or informed under
20 section 46(5) of that Act that the statement
will not be given.
(3) In this section--
"Tribunal" means the Victorian Civil and
Administrative Tribunal established by the
25 Victorian Civil and Administrative
Tribunal Act 1998.
41. Delegation by Department Head
(1) The Department Head may, in writing, delegate
all or any of his or her functions or powers under
30 this Act (other than this power of delegation) to a
person employed under Part 3 of the Public
Sector Management and Employment Act
1998.
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(2) In the performance of a function, or exercise of a
power, delegated under this section the delegate is
subject to the Department Head's directions.
42. Regulations
5 The Governor in Council may make regulations
for or with respect to any matter or thing--
(a) required or permitted by this Act to be
prescribed; or
(b) necessary to be prescribed to give effect to
10 this Act.
__________________
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Part 8--consequential amendment to the Magistrates' Court Act 1989
s. 43
PART 8--CONSEQUENTIAL AMENDMENT TO THE
MAGISTRATES' COURT ACT 1989
43. Schedule 4 to the Magistrates' Court Act 1989
In Schedule 4 to the Magistrates' Court Act
5 1989, after clause 64 insert--
"65. Sports Event Ticketing (Fair Access) Act 2002
Indictable offences under the Sports Event Ticketing
(Fair Access) Act 2002, but the maximum fine that
the Court may impose in respect of a single offence
10 is--
(a) 300 penalty units in the case of a natural
person; or
(b) 1500 penalty units in the case of a body
corporate.".
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Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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