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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
World Swimming Championships (Amendment)
Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 2
2. Commencement 2
3. Principal Act 2
4. Definitions inserted 2
5. Functions of Corporation 5
6. Ministerial orders 6
7. New Part 4A inserted 6
PART 4A--THE SECRETARY 6
41A. Powers and functions 6
41B. Contracts and agreements 7
41C. Secretary is subject to Ministerial control 7
41D. Department Head's powers are not affected 7
41E. Delegation by Secretary 7
8. New sections 50A to 50D inserted 8
50A. Limitation on powers to make local laws 8
50B. Noise and light 9
50C. Major Events (Crowd Management) Act 2003 does
not apply 10
50D. Australian Grands Prix Act 1994 10
9. New Part 5A inserted 12
PART 5A--WORKS AT, AND MANAGEMENT OF,
CHAMPIONSHIPS VENUES AND DESIGNATED ACCESS
AREAS 12
Division 1--Roads 12
50E. Temporary closure of roads 12
50F. Deemed permit under section 99B of Road Safety
Act 1986 13
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Clause Page
Division 2--Restricted Access Areas 14
50G. Restricted access areas 14
50H. Authorisation by Corporation to be in restricted access
areas during event period 15
50I. Declaration of persons authorised to be in restricted
access areas other than during event period 17
50J. Offence to enter any part of restricted access area 18
50K. Warning people to leave restricted access area 19
50L. Direction not to enter restricted access area 19
50M. Interference with activities 20
50N. Offence not to produce authorisation on demand 20
50O. Power to remove offenders 22
Division 3--Management During Championships 23
50P. Application of Division 23
50Q. Secretary to manage Championships venues and
designated access areas during event period 24
50R. Committees of management, land managers and other
persons 24
50S. Championships venues and designated access areas to
be restored to reasonable condition 26
50T. Vehicles and vessels in Championships venue or
designated access area 27
50U. Parking or leaving vehicles or mooring or anchoring
vessels in Championships venue or designated access
area 27
50V. Removal of vehicles or vessels obstructing
Championships venue or designated access area 28
10. Prohibition of unauthorised advertising 30
11. New Part 6A inserted 30
PART 6A--CHAMPIONSHIPS EVENTS AND CROWD
MANAGEMENT 30
Division 1--Behaviour in Venues and Designated Access
Areas 30
88A. Possession of prohibited items 30
88B. Possessing lit distress signal or fireworks 31
88C. Possessing unlit distress signal or fireworks 31
88D. Throwing lit distress signal or fireworks 31
88E. Powers of Secretary to prohibit items 31
88F. Alcohol in Championships venues or designated
access areas 32
88G. Throwing or kicking projectiles 34
88H. Damaging or defacing 34
88I. Damaging trees and shrubs 35
88J. Blocking stairs, exits or entries 35
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Clause Page
88K. Climbing on fence, barrier, barricade or other
temporary structure 35
88L. Climbing roof or parapet of building 35
88M. Obstructing view of seated person 36
88N. Entering pools or surrounding areas 36
88O. Obstructing, hindering or disrupting conduct of events 37
88P. Obstructing or hindering person involved in event 37
88Q. Use of loud hailer etc. 38
88R. Erecting structures 38
88S. Conducting surveys or soliciting money etc. 39
88T. Hawking or sale of goods or services 39
88U. Bringing in goods for sale or distribution 40
88V. Tickets 40
88W. Busking 40
88X. Prohibition of advertisements 41
88Y. Disruptive behaviour 43
Division 2--Surrender and Confiscation of Items 43
88Z. Surrender or confiscation of prohibited items 43
88ZA. Surrender or confiscation of other items 44
88ZB. Police may retain or otherwise deal with prohibited
item for purpose of proceedings 44
88ZC. Storage of items surrendered or confiscated 46
88ZD. Storage fee 48
88ZE. Secretary may authorise certain activities 48
88ZF. Declaration of class of persons 49
88ZG. Corporation may authorise certain activities 50
88ZH. What can an authorisation contain? 51
88ZI. Offence to fail to comply with terms and conditions 51
88ZJ. Production of authorisation 52
12. Division heading inserted 52
13. New Divisions 2 to 5 of Part 7 inserted 52
Division 2--Authorised Officers 52
89A. Appointment of authorised officers 52
89B. Identification of authorised officers 54
89C. Offence to hinder or obstruct authorised officer 54
89D. Offence to impersonate authorised officer 55
89E. Delegation under this Division by Secretary 55
Division 3--Powers of Authorised Officers 55
89F. Power to require name and address 55
89G. Refusal to give name and address 56
89H. Inspection powers 56
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Clause Page
Division 4--Miscellaneous Enforcement Matters 59
89I. Direction to leave venue or designated access area 59
89J. Refusal to leave venue or designated access area and
re-entry 61
89K. Police may use reasonable force to remove person 62
89L. Repeat offenders 63
89M. Infringement notices, penalties and offences 64
Division 5--Other Miscellaneous Matters 65
89N. No compensation 65
14. Regulations 66
15. Expiry 67
ENDNOTES 68
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PARLIAMENT OF VICTORIA
A BILL
to amend the World Swimming Championships Act 2004 to provide
for the management and regulation of venues and areas to be used for
the World Swimming Championships, to facilitate the carrying out of
works for events and the conduct of events, including crowd
management, to provide for other related matters associated with the
World Swimming Championships and for other purposes.
World Swimming Championships
(Amendment) Act 2006
The Parliament of Victoria enacts as follows:
1
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World Swimming Championships (Amendment) Act 2006
s. 1
Act No.
1. Purpose
The main purpose of this Act is to amend the
World Swimming Championships Act 2004--
(a) to provide for the management and
regulation of venues and areas to be used for
5
the World Swimming Championships;
(b) to facilitate the carrying out of works for
events and the conduct of events, including
crowd management;
(c) to provide for other related matters.
10
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Principal Act
See: In this Act, the World Swimming
15 Act No.
Championships Act 2004 is called the Principal
95/2004
and Act.
amending
Act No.
108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Definitions inserted
(1) In section 3 of the Principal Act insert--
' "Albert Park" has the same meaning as it has in
20
section 3 of the Australian Grands Prix
Act 1994;
"Australian Grand Prix Corporation" means
the Australian Grand Prix Corporation
established by the Australian Grands Prix
25
Act 1994;
"authorised officer" means a person appointed
as an authorised officer under Division 2 of
Part 7;
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World Swimming Championships (Amendment) Act 2006
s. 4
Act No.
"Championships event" means an event
conducted as part of the Championships and
includes--
(a) the sport of swimming;
(b) a live site associated with the
5
Championships;
(c) a cultural event associated with the
Championships;
"dangerous goods" has the same meaning as it
has in section 3(1) of the Dangerous Goods
10
Act 1985;
"distress signal" means a pyrotechnic device
intended for signalling, warning, rescue or
similar purposes, and includes marine flares
and signals, landing flares, highway fusees,
15
line-carrying rockets, anti-hail rockets, cloud
rockets, avalanche rockets and smoke
generators;
"Formula One event" has the same meaning as
it has in section 3 of the Australian Grands
20
Prix Act 1994;
"laser pointer" means a hand-held battery-
operated article designed or adapted to emit
laser beams;
"Melbourne Sports and Aquatic Centre land"
25
means the land shown hatched in the plan in
Schedule 1 to the State Sport Centres Act
1994;
3
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World Swimming Championships (Amendment) Act 2006
s. 4
Act No.
"prohibited item" means--
(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
5
to assist that person; or
(ii) a police dog or a police horse;
(b) a laser pointer;
(c) a distress signal;
(d) dangerous goods;
10
(e) a whistle or loud hailer;
(f) a prohibited weapon or controlled
weapon within the meaning of the
Control of Weapons Act 1990, the
possession of which would constitute
15
an offence under that Act;
(g) a firearm within the meaning of the
Firearms Act 1996, the possession of
which would constitute an offence
under that Act;
20
(h) a bicycle, scooter, skateboard, roller
skates or roller blades;
(i) a firework;
(j) a horn or bugle;
(k) a flag or banner which--
25
(i) is larger than 1 metre by 1 metre;
or
(ii) has a handle longer than 1 metre;
(l) any items which are in such a quantity
that a reasonable person could infer that
30
those items are to be used for
commercial purposes;
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World Swimming Championships (Amendment) Act 2006
s. 5
Act No.
(m) a public address system, electronic
equipment, broadcast equipment or
similar device which may interfere with
broadcast equipment or similar devices
being used by the Corporation or a
5
person authorised under this Act to use
such equipment or devices;
(n) any item declared under section 88E to
be a prohibited item;
"restricted access area" means an area which
10
has been marked off or caused to be marked
off under section 50G;
"swimming pool" includes an area designated for
use for open-water swimming;
"vessel" has the same meaning as it has in
15
section 3(1) of the Marine Act 1988;'.
(2) In section 3 of the Principal Act, for the definition
of "Secretary" substitute--
' "Secretary" means--
(a) in Division 2 of Part 7, the person who
20
for the time being is the Department
Head under the Public Administration
Act 2004 of the Department for
Victorian Communities;
(b) except in Division 2 of Part 7, the
25
body corporate constituted under
section 25A of the Commonwealth
Games Arrangements Act 2001;'.
5. Functions of Corporation
In section 9(e) of the Principal Act, for "to
30
manage" substitute "subject to this Act, to
manage".
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World Swimming Championships (Amendment) Act 2006
s. 6
Act No.
6. Ministerial orders
(1) At the end of section 34 of the Principal Act
insert--
"(2) If a proposed Championships venue, any part
of a proposed Championships venue, a
5
proposed designated access area or any part
of a proposed designated access area is land
in Albert Park which is in a declared area
within the meaning of the Australian
Grands Prix Act 1994, the Minister must
10
consult with the Minister administering that
Act before making an order under this Part in
respect of that land.".
(2) In section 37 of the Principal Act, for "16 weeks"
substitute "24 weeks".
15
7. New Part 4A inserted
After Part 4 of the Principal Act insert--
"PART 4A--THE SECRETARY
41A. Powers and functions
(1) In addition to its functions and powers under
20
the Commonwealth Games Arrangements
Act 2001, the Secretary has the powers and
functions conferred on it by or under this Act
or any other Act.
(2) The Secretary may perform its functions
25
under this Act within or outside Victoria.
(3) The Secretary may exercise its powers under
this Act within or outside Victoria.
(4) Without limiting this section, in the
performance of its functions under this Act,
30
the Secretary, with the approval of the
Treasurer, may--
6
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World Swimming Championships (Amendment) Act 2006
s. 6
Act No.
(a) form, participate in the formation of or
be a member of a body corporate,
association, partnership, trust or other
body; and
(b) enter into a joint venture with any other
5
person.
41B. Contracts and agreements
(1) The Secretary may enter into contracts and
agreements and other arrangements with any
person for the purposes of the management,
10
development or conduct of the
Championships.
(2) The Secretary may do all things necessary or
convenient to be done to give effect to the
contracts, agreements and arrangements
15
referred to in sub-section (1).
41C. Secretary is subject to Ministerial control
In the exercise of its powers and functions,
the Secretary is subject to the direction and
control of the Minister.
20
41D. Department Head's powers are not
affected
The powers and functions of the person who
for the time being constitutes the Secretary
under section 25A of the Commonwealth
25
Games Arrangements Act 2001 are in
addition to, and do not affect, that person's
powers and functions as a Department Head
under the Public Administration Act 2004.
41E. Delegation by Secretary
30
The Secretary, in writing, may delegate any
of the powers conferred on the Secretary
under this Act or the regulations, other than
this power of delegation, to--
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World Swimming Championships (Amendment) Act 2006
s. 8
Act No.
(a) a person employed under Part 3 of the
Public Administration Act 2004 as an
executive within the meaning of that
Act; or
(b) the Corporation; or
5
(c) a body corporate established under an
Act for a public purpose.".
8. New sections 50A to 50D inserted
After section 50 of the Principal Act insert--
"50A. Limitation on powers to make local laws
10
(1) This section applies during--
(a) the event period; or
(b) an access period.
(2) A Council must not make a local law under
the Local Government Act 1989 for or with
15
respect to--
(a) a Championships venue or a designated
access area; or
(b) the carrying out of works for the
purposes of the development or use of a
20
Championships venue or a designated
access area, including the timing of
works (including hours for building)
for, and standards of, construction of
those works; or
25
(c) restricting the emanation of noise or
light from a Championships venue or a
designated access area; or
(d) restricting the use of any road for
access to or egress from a
30
Championships venue or a designated
access area.
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s. 8
Act No.
(3) 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 this section, is
inoperative to the extent that it makes
5
provision for or with respect to or affecting
any matter or thing referred to in sub-
section (2).
(4) Without limiting sub-section (3), a local law
is inoperative to the extent that it is
10
inconsistent with the exercise of any powers
or functions under this Act--
(a) by the Corporation; or
(b) by the Secretary.
(5) Without limiting sub-section (3), a local law
15
is inoperative to the extent that it has the
effect of, or is exercised in a manner directed
at, preventing, hindering or disrupting the
Secretary or the Corporation in the
performance of an obligation or the pursuit
20
of a right under any agreement, if the
Governor in Council, by order published in
the Government Gazette, declares it to be
inoperative.
50B. Noise and light
25
Nothing in the Health Act 1958 or the Local
Government Act 1989 or regulations or
local laws under those Acts applies in respect
of noise or light emanating from a
Championships venue or a designated access
30
area.
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Act No.
50C. Major Events (Crowd Management) Act
2003 does not apply
The Major Events (Crowd Management)
Act 2003 does not apply to a Championships
event or to a Championships venue or
5
designated access area despite--
(a) that event being conducted in a
managed venue within the meaning of
that Act; or
(b) that Championships venue or
10
designated access area or any part of
that venue or area being a managed
venue within the meaning of that Act.
50D. Australian Grands Prix Act 1994
(1) Subject to sub-sections (2) and (3), nothing
15
in this Act affects the following during the
months of February 2007 and March 2007 in
respect of a Championships venue or
designated access area--
(a) the undertaking of works at Albert Park
20
by the Australian Grand Prix
Corporation in accordance with a
licence granted under section 28 of the
Australian Grands Prix Act 1994; or
(b) the exercise by the Australian Grand
25
Prix Corporation of a power to close
roads under section 33 of the
Australian Grands Prix Act 1994; or
(c) the exercise of any powers or functions
under the Australian Grands Prix Act
30
1994 by the Minister administering that
Act.
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s. 8
Act No.
(2) Before undertaking works referred to in sub-
section (1)(a) or before exercising a power to
close roads referred to in sub-section (1)(b),
the Australian Grand Prix Corporation must
consult with the Secretary or the
5
Corporation, as the case requires if those
works or that road closure may affect--
(a) the carrying out of works for the
purposes of the Championships; or
(b) the exercise of any power or function
10
under this Act in respect of a
Championships venue or designated
access area.
(3) Before exercising a power or function
referred to in sub-section (1)(c), the Minister
15
administering 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--
20
(a) the carrying out of works for the
purposes of the Championships; or
(b) the exercise of any power or function
under this Act in respect of a
Championships venue or designated
25
access area.
(4) If there is a dispute between the Secretary or
the Corporation and the Australian Grand
Prix Corporation about the exercise of any
power or function referred to in sub-section
30
(1)(a) or (b), the Secretary or the Corporation
(as the case requires) or the Australian Grand
Prix Corporation may refer the matter to the
Minister administering the Australian
Grands Prix Act 1994 and the Minister
35
11
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World Swimming Championships (Amendment) Act 2006
s. 9
Act No.
administering this Act for a joint decision on
the matter.".
9. New Part 5A inserted
After Part 5 of the Principal Act insert--
'PART 5A--WORKS AT, AND MANAGEMENT
5
OF, CHAMPIONSHIPS VENUES AND
DESIGNATED ACCESS AREAS
Division 1--Roads
50E. Temporary closure of roads
(1) Subject to sub-section (3), for the purpose of
10
enabling works to be carried out at a
Championships venue or a designated access
area, the Minister may temporarily close a
road to traffic if the Minister considers it
necessary to do so to enable those works to
15
be carried out on the road or neighbouring
land.
(2) Subject to sub-section (3), the Minister may
temporarily close a road or part of a road to
traffic generally or to a particular class of
20
traffic if the Minister considers it necessary
to do so--
(a) for the purposes of conducting a
Championships event or an associated
activity; or
25
(b) for any purpose associated with or
ancillary to the conduct of that event or
activity.
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s. 9
Act No.
(3) The Minister must not temporarily close a
road under sub-section (1) or (2) unless the
Minister has consulted--
(a) with the Minister administering the
Road Management Act 2004; and
5
(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
(c) if the road is in a declared area within
10
the meaning of the Australian Grands
Prix Act 1994, with the Minister
administering that Act; and
(d) if the road is in the part of Albert Park
that is not Melbourne Sports and
15
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 Melbourne Sports and Aquatic
20
Centre land, with the Minister
administering the State Sport Centres
Act 1994 and the Minister
administering the Crown Land
(Reserves) Act 1978.
25
(4) In this section, "traffic" means vehicular
traffic, pedestrian traffic and all other kinds
of traffic.
50F. Deemed permit under section 99B of Road
Safety Act 1986
30
(1) For the purposes of preparation for the
conducting of a Championships event or an
associated activity which involves
conducting a non-road activity within the
meaning of section 99B of the Road Safety
35
Act 1986 on a highway within the meaning
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World Swimming Championships (Amendment) Act 2006
s. 9
Act No.
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 a
Championships event or an associated
5
activity which 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 Corporation is deemed to be a person to
10
whom a permit under that section has been
issued.
Division 2--Restricted Access Areas
50G. Restricted access areas
(1) Subject to sub-section (3), the Secretary may
15
mark off or cause to be marked off as a
restricted access area--
(a) any part of a Championships venue; or
(b) any part of a designated access area--
by--
20
(c) the use of fencing, barriers or other
permanent or temporary means of
physical demarcation; and
(d) erecting signs or causing signs to be
erected on or in close proximity to the
25
area stating--
(i) that the area is a restricted access
area; and
(ii) the restrictions (if any) which
apply in relation to that restricted
30
access area.
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s. 9
Act No.
(2) Without limiting sub-section (1), in the case
of a restricted access area wholly or partly
over water, that area may be indicated by
buoys, signs on the shore, pontoons, ropes or
any other suitable means.
5
(3) The Secretary must not mark off or cause to
be marked off as a restricted access area any
area in a declared area within the meaning of
the Australian Grands Prix Act 1994,
during a race period within the meaning of
10
that Act unless the Secretary has consulted
with the Australian Grand Prix Corporation.
(4) If there is a dispute between the Secretary
and the Australian Grand Prix Corporation
about a restricted access area or a proposed
15
restricted access area in a declared area
within the meaning of the Australian
Grands Prix Act 1994 during a race period
within the meaning of that Act, the Secretary
or the Australian Grand Prix Corporation
20
may refer the matter to the Minister
administering the Australian Grands Prix
Act 1994 and the Minister administering this
Act for a joint decision on the matter.
(5) In any proceedings under this Act, a
25
certificate, signed by the Secretary,
certifying that an area was a restricted access
area is evidence of the facts stated in the
certificate.
50H. Authorisation by Corporation to be in
30
restricted access areas during event period
(1) The Corporation may authorise a person, a
class of person or classes of persons to enter
and remain on any part of a restricted access
area during the event period for any of the
35
following purposes or any combination of
those purposes--
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Act No.
(a) the preparation or conduct of, or
participation in, the Championships, a
Championships event or any associated
event, activity or program, including
any works for those purposes;
5
(b) the carrying out of any activity
associated with or ancillary to the
matters specified in paragraph (a),
including any works;
(c) the use of any facilities at a
10
Championships venue or designated
access area during the event period.
(2) An authorisation under sub-section (1)--
(a) must be in writing; and
(b) must specify the person, class of person
15
or classes of persons to whom the
authorisation applies; and
(c) must specify the terms and conditions
(if any) to which the authorisation is
subject; and
20
(d) must specify--
(i) the period, being the event period
or any specified part of the event
period, during which the
authorisation applies; and
25
(ii) the area to which the authorisation
applies; and
(e) may be of general or limited
application; and
(f) may differ according to differences in
30
time, place or circumstance.
16
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Act No.
50I. Declaration of persons authorised to be in
restricted access areas other than during
event period
(1) The Secretary, by declaration, may authorise
a person or a class of person or classes of
5
persons to enter and remain on any part of a
restricted access area for any of the
following purposes or any combination of
those purposes--
(a) the preparation or conduct of, or
10
participation in, the Championships, a
Championships event or any associated
event, activity or program;
(b) the carrying out of any activity
associated with or ancillary to the
15
matters specified in paragraph (a),
including any works;
(c) the use of any facilities at a
Championships venue or designated
access area.
20
(2) A declaration under sub-section (1)--
(a) must specify the person or class of
person or classes of persons to whom
the authorisation applies;
(b) must specify the terms and conditions
25
(if any) to which the authorisation is
subject;
(c) subject to paragraph (d), may specify--
(i) the period during which the
authorisation applies; and
30
(ii) the area to which the authorisation
applies;
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Act No.
(d) must not specify a period which is the
event period;
Note: See section 50H.
(e) may be of general or limited
application;
5
(f) may differ according to differences in
time, place or circumstance.
(3) A declaration under sub-section (1) must be
published in the Government Gazette.
50J. Offence to enter any part of restricted
10
access area
(1) A person must not enter into or remain in
any part of a restricted access area unless the
person--
(a) is authorised under section 50H or 50I
15
or otherwise under this Act; or
(b) is one of the following acting in the
performance of his or her duties--
(i) a member of the police force; or
(ii) an employee in the public service
20
within the meaning of the Public
Administration Act 2004; or
(iii) an officer or employee of a public
body; or
(c) is the owner of that land or a person
25
authorised in writing by the owner.
Penalty: 10 penalty units.
(2) It is a defence to a charge brought under sub-
section (1) against a person to prove that the
person had a reasonable excuse for entering
30
into or remaining in the restricted access
area.
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50K. Warning people to leave restricted access
area
(1) The Secretary, a member of the police force
or an authorised officer may warn any person
who is not authorised under section 50H or
5
50I to be in a restricted access area or
otherwise authorised under this Act to be in
that area to leave any part of a restricted
access area.
(2) Without limiting sub-section (1), during the
10
event period, the Corporation may warn any
person who is not authorised under
section 50H or 50I to be in a restricted access
area or otherwise authorised under this Act
to be in that area to leave any part of a
15
restricted access area.
(3) For the purposes of section 9(1) of the
Summary Offences Act 1966--
(a) the Secretary is deemed to be the
occupier of the land concerned in
20
exercising a power under sub-section
(1); and
(b) without limiting paragraph (a), during
the event period, the Corporation is
deemed to be the occupier of the land
25
concerned in exercising a power under
sub-section (2).
50L. Direction not to enter restricted access
area
An authorised officer or a member of the
30
police force may direct any person who is
not authorised under section 50H or 50I to be
in a restricted access area or otherwise
authorised under this Act to be in that area
not to enter a restricted access area.
35
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50M. Interference with activities
(1) A person must not in any way
intentionally--
(a) interfere with or hinder; or
(b) cause any other person to interfere with
5
or hinder--
the carrying out of any works at a
Championships venue or in a designated
access area for the purposes of the
Championships.
10
Penalty: 10 penalty units.
(2) A person must not in any way
intentionally--
(a) interfere with or hinder; or
(b) cause any other person to interfere with
15
or hinder--
the entry into a restricted access area by a
person authorised under section 50H or 50I
or otherwise under this Act to do so.
Penalty: 10 penalty units.
20
50N. Offence not to produce authorisation on
demand
(1) A person who is in a restricted access area,
when asked to do so by a member of the
police force or an authorised officer, must--
25
(a) produce an authorisation issued under
section 50H or 50I or other evidence of
that person's authority to be in that
restricted access area; or
(b) give his or her name and address.
30
Penalty: 5 penalty units.
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(2) A member of the police force or an
authorised officer must--
(a) produce proof of his or her identity and
official status before exercising a power
under sub-section (1) unless, in the case
5
of a member of the police force, the
member is in uniform; and
(b) inform the person that--
(i) the authorised officer or member
of the police force (as the case
10
requires) is empowered under sub-
section (1) to ask the person to
produce evidence of that person's
authority to enter into or remain in
the restricted access area or to ask
15
the person to give that person's
name and address; and
(ii) it is an offence to fail to comply
with the requirements of sub-
section (1); and
20
(c) make all reasonable attempts to ensure
that the person understands the
requirement made under sub-
section (1).
(3) It is not an offence for a person to fail to
25
comply with sub-section (1) if the authorised
officer or member of the police force (as the
case requires) did not comply with sub-
section (2).
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50O. Power to remove offenders
(1) If a member of the police force believes on
reasonable grounds that--
(a) an assembly is being carried on in any
part of--
5
(i) a Championships venue; or
(ii) a designated access area; and
(b) the assembly is being carried on in a
manner involving unlawful physical
violence to persons or unlawful damage
10
to property; and
(c) because of the number of persons
involved in the assembly, it is not
practicable to preserve or restore public
order by arresting a person or persons
15
involved in the assembly who is, or
who are, committing an offence
involving unlawful physical violence to
persons or unlawful damage to
property--
20
the member of the police force may remove
that person or those persons from the
Championships venue or the designated
access area (as the case requires).
(2) A member of the police force may remove a
25
person from a restricted access area if the
member of the police force believes on
reasonable grounds that--
(a) the person is not authorised to be in a
restricted access area; and
30
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(b) the person has been given a warning to
leave the restricted access area under
section 50K or has been directed under
section 50L not to enter the area and the
person has refused to comply with the
5
warning or the direction, as the case
requires.
(3) A member of the police force may, in order
to remove a person from an area, use such
force as is reasonable in the circumstances.
10
(4) Nothing in this section limits any powers of
arrest that a member of the police force has
under any other law.
(5) Any action taken under this section does not
prevent the institution of proceedings in
15
respect of an offence.
Division 3--Management During
Championships
50P. Application of Division
Nothing in this Division prevents a person
20
outside the event period--
(a) attending in a Championships venue or
designated access area--
(i) a public entertainment;
(ii) a public sporting activity--
25
approved by the committee of
management or other land manager of
that area; or
(b) patronising a business that is
permanently located in a
30
Championships venue or designated
access area.
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50Q. Secretary to manage Championships
venues and designated access areas during
event period
(1) Subject to this Act, during the event period,
the Secretary is responsible for the
5
management and control of a Championships
venue or designated access area for the
purposes of--
(a) the Championships; and
(b) the management and conduct of
10
Championships events or associated
events, activities or programs; and
(c) carrying out activities ancillary to or
associated with the Championships,
Championships events or associated
15
events, activities or programs; and
(d) carrying out any other functions or
powers under this Act.
(2) Despite sub-section (1) and without limiting
its other powers under this Act, the
20
Corporation is responsible for and has all
powers necessary to control access to a
Championships venue or a designated access
area by participants, officials, volunteers,
spectators and other persons during the event
25
period.
50R. Committees of management, land
managers and other persons
(1) During the event period, the powers of any
committee of management under any Act,
30
any land manager under any Act or a person
referred to in sub-section (2) in respect of
any Championships venue or designated
access area must not be exercised except--
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(a) with the consent of the Secretary; or
(b) in accordance with any agreement or
arrangement entered into with the
Secretary or with the Corporation.
(2) Despite sub-section (1), a person who has a
5
pre-existing right to carry on a business in
premises in a Championships venue or a
designated access area, being premises in
respect of which the person has a right of
occupation, may, during the event period,
10
carry on that business--
(a) to the extent and in accordance with the
conditions that the Secretary, after
consultation with the committee of
management or other land manager (as
15
the case requires), approves; or
(b) in the case where an agreement or
arrangement has been entered into with
the Corporation, to the extent and in
accordance with the agreement or
20
arrangement and any conditions that the
Corporation, after consultation with the
committee of management or other land
manager (as the case requires),
approves; or
25
(c) in the event of a dispute, to the extent
and in accordance with the conditions
that the Minister approves.
(3) Despite sub-section (1), if any part of the
race period within the meaning of the
30
Australian Grands Prix Act 1994 occurs
during the event period, the Australian Grand
Prix Corporation may carry out its functions
and powers under section 30 of that Act in
respect of a declared area within the meaning
35
of that Act which is wholly or partly in a
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Championships venue or a designated access
area.
50S. Championships venues and designated
access areas to be restored to reasonable
condition
5
(1) A Championships venue and any designated
access area must be restored by the Secretary
to a condition reasonably comparable to its
condition immediately before the beginning
of the event period as soon as practicable
10
after whichever of the following first
occurs--
(a) the Championships venue or designated
access area ceasing to be a
Championships venue or designated
15
access area, as the case requires; or
(b) the end of the event period.
(2) The Secretary must take all reasonable steps
to ensure compliance with sub-section (1).
(3) If there is a dispute between the committee
20
of management or other land manager (as the
case requires) and the Secretary about the
standard of restoration in a Championships
venue or a designated access area, the
committee of management or the land
25
manager (as the case requires) or the
Secretary may refer the matter to the
Minister administering the Crown Land
(Reserves) Act 1978 and the Minister
administering this Act for a decision on the
30
matter.
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50T. Vehicles and vessels in Championships
venue or designated access area
(1) During the event period, a person must not
bring a vehicle or a vessel into a
Championships venue or a designated access
5
area except--
(a) with the written authorisation of the
Corporation or the Secretary; or
(b) otherwise in accordance with this Act.
Penalty: 20 penalty units.
10
(2) Sub-section (1) does not apply to the
bringing into a Championships venue or a
designated access area of a pram, stroller,
wheelchair or other mobility aid.
50U. Parking or leaving vehicles or mooring or
15
anchoring vessels in Championships venue
or designated access area
(1) During the event period, a person must not
park or leave standing a vehicle or moor,
anchor or cause to be adrift a vessel in a
20
Championships venue or a designated access
area except--
(a) with the written authorisation of the
Secretary or the Corporation; or
(b) otherwise in accordance with this Act.
25
Penalty: 20 penalty units.
Note: See the definition of "parking infringement" in
the Road Safety Act 1986.
(2) Sub-section (1) does not apply to the parking
or leaving standing in a Championships
30
venue or a designated access area of a pram,
stroller, wheelchair or other mobility aid.
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50V. Removal of vehicles or vessels obstructing
Championships venue or designated
access area
(1) A member of the police force or an
authorised officer may move or cause to be
5
moved a vehicle which is parked or left
standing or a vessel which is moored,
anchored or adrift--
(a) in a Championships venue or a
designated access area, if that vehicle
10
or vessel, as the case requires, is not
authorised to be in that venue or area;
or
(b) so close to a Championships venue or a
designated access area as to obstruct
15
access to, or egress from, it by vehicles,
vessels or pedestrians.
(2) A member of the police force or an
authorised officer may move or cause to be
moved a vehicle which is parked or left
20
standing or a vessel which is moored,
anchored or adrift in a Championships venue
or a designated access area if, in the opinion
of the member of the police force or the
authorised officer (as the case requires), the
25
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; or
30
(c) hindering or obstructing, or likely to
hinder or obstruct--
(i) a Championships event or an
associated event, activity or
program; or
35
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(ii) any activity associated with or
ancillary to the Championships, a
Championships event or an
associated event, activity or
program; or
5
(iii) access to or egress from any
facilities used for the purposes of
the Championships.
(3) Sub-section (2) applies whether or not the
vehicle or vessel is authorised to be in the
10
Championships venue or the designated
access area.
(4) A member of the police force acting in
accordance with this section may--
(a) enter a vehicle or a vessel using, if
15
necessary, reasonable force, for the
purpose of conveniently or
expeditiously moving it; and
(b) move the vehicle or vessel to the
nearest convenient place.
20
(5) The Chief Commissioner of Police or the
Corporation may recover from the owner of
a vehicle or vessel moved under this section
any reasonable costs incurred in moving it.
(6) In this section, "owner"--
25
(a) in relation to a vehicle, has the same
meaning as it has in Part 7 of the Road
Safety Act 1986; and
(b) in relation to a vessel, has the same
meaning as it has in section 3(1) of the
30
Marine Act 1988.'.
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10. Prohibition of unauthorised advertising
After section 70(4) of the Principal Act insert--
"(5) Sub-section (1) does not apply to any
advertising relating to a Formula One
event--
5
(a) displayed during the event period in a
Championships venue or a designated
access area in Albert Park; and
(b) which is authorised under the
Australian Grands Prix Act 1994.".
10
11. New Part 6A inserted
After Part 6 of the Principal Act insert--
'PART 6A--CHAMPIONSHIPS EVENTS AND
CROWD MANAGEMENT
Division 1--Behaviour in Venues and
15
Designated Access Areas
88A. Possession of prohibited items
(1) During the event period, a person in a
Championships venue or a designated access
area must not possess a prohibited item
20
except with the written authorisation of the
Secretary.
Penalty: 20 penalty units.
(2) This section does not apply to the following
prohibited items--
25
(a) distress signals;
(b) fireworks.
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88B. Possessing lit distress signal or fireworks
During the event period, a person in a
Championships venue or a designated access
area must not have in his or her possession
any lit distress signal or lit firework except
5
with the written authorisation of the
Secretary.
Penalty: 30 penalty units.
88C. Possessing unlit distress signal or
fireworks
10
During the event period, a person in a
Championships venue or a designated access
area must not have in his or her possession
any unlit distress signal or unlit firework
except with the written authorisation of the
15
Secretary.
Penalty: 20 penalty units.
88D. Throwing lit distress signal or fireworks
During the event period, a person in a
Championships venue or a designated access
20
area must not throw any lit distress signal or
lit fireworks except with the written
authorisation of the Secretary.
Penalty: 40 penalty units.
88E. Powers of Secretary to prohibit items
25
(1) Nothing in the definition of "prohibited
item" in section 3 prevents the Secretary
from declaring that any item not referred to
in paragraphs (a) to (m) of that definition is
prohibited from being brought into a
30
Championships venue or a designated access
area for which the Secretary is responsible.
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(2) The Secretary must publish any declaration
of a prohibited item made under sub-
section (1) in the Government Gazette.
(3) The Secretary may authorise in writing any
person or class of persons to possess a
5
prohibited item or class of prohibited item in
a Championships venue or a designated
access area.
88F. Alcohol in Championships venues or
designated access areas
10
(1) Subject to sub-section (2), during the event
period, a person in a Championships venue
or a designated access area must not have in
his or her possession any alcohol that has not
been purchased at the Championships venue
15
or the designated access area in accordance
with the Liquor Control Reform Act 1998.
Penalty: 20 penalty units.
(2) During the event period, a person in a
Championships venue or a designated access
20
area may have alcohol in his or her
possession that has not been purchased at the
Championships venue or the designated
access area in accordance with the Liquor
Control Reform Act 1998 if the Secretary
25
has authorised the possession of such
alcohol.
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(3) During the event period, a person in a
Championships venue or a designated access
area must not possess any alcohol in an
unsealed container other than in an area
licensed in accordance with the Liquor
5
Control Reform Act 1998 except--
(a) with the written authority of the
Secretary; or
(b) otherwise in accordance with this Act.
Penalty: 2 penalty units.
10
(4) During the event period, a person in a
Championships venue or a designated access
area must not consume any alcohol other
than in an area licensed in accordance with
the Liquor Control Reform Act 1998
15
except--
(a) with the written authority of the
Secretary; or
(b) otherwise in accordance with this Act.
Penalty: 2 penalty units.
20
(5) An authorised officer or a member of the
police force who believes on reasonable
grounds that a person is contravening or has
contravened sub-section (3) or (4) may direct
the person--
25
(a) to dispose of any unconsumed alcohol
remaining in that person's possession;
or
(b) to seal any unsealed container of
alcohol; or
30
(c) to dispose of the contents of any
unsealed container of alcohol.
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(6) A person must comply with a direction given
by an authorised officer or a member of the
police force under sub-section (5).
Penalty: 2 penalty units.
88G. Throwing or kicking projectiles
5
(1) During the event period, a person must not,
within a Championships venue or a
designated access area, throw or kick any
stone, bottle or other projectile.
Penalty: 20 penalty units.
10
(2) Sub-section (1) does not apply to a person
who throws or kicks a projectile in the
course of--
(a) participating in a Championships event;
or
15
(b) officiating at a Championships event;
or
(c) officially acting as a volunteer engaged
in the management or conduct of a
Championships event.
20
88H. Damaging or defacing
During the event period, a person must not,
within a Championships venue or a
designated access area, deface or damage
any building, fence, barrier, barricade, seat,
25
chair, table, structure, vehicle, craft, truck,
pipe, tap, tap fitting, conduit, electrical
equipment, wiring or sign.
Penalty: 20 penalty units.
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88I. Damaging trees and shrubs
During the event period, a person must not,
within a Championships venue or a
designated access area, damage any trees or
shrubs.
5
Penalty: 20 penalty units.
88J. Blocking stairs, exits or entries
During the event period, a person must not,
without reasonable excuse, block any stairs,
steps, aisle, gangway, overpass, underpass,
10
bridge, passage, entry, exit or other
thoroughfare in a Championships venue or a
designated access area.
Penalty: 20 penalty units.
88K. Climbing on fence, barrier, barricade or
15
other temporary structure
During the event period, a person must not,
without reasonable excuse, climb on any
fence, barrier, barricade or other temporary
structure--
20
(a) in a Championships venue or a
designated access area; or
(b) delineating the boundaries of a
Championships venue or a designated
access area.
25
Penalty: 10 penalty units.
88L. Climbing roof or parapet of building
During the event period, a person must not
climb a roof or parapet of a building within a
Championships venue or a designated access
30
area except with the written authorisation of
the Secretary.
Penalty: 10 penalty units.
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88M. Obstructing view of seated person
During the event period, a person in a
Championships venue or a designated access
area must not, without reasonable excuse,
stand in a place or in a particular manner that
5
deliberately obstructs the view of any other
person seated in a seat in the immediate
vicinity.
Penalty: 10 penalty units.
88N. Entering pools or surrounding areas
10
(1) During the event period, a person in a
Championships venue or a designated access
area must not jump, dive or swim in or
otherwise use a swimming pool constructed
for the purpose of, or being used for, a
15
Championships event.
Penalty: 20 penalty units.
(2) During the event period, a person in a
Championships venue or a designated access
area must not enter or remain in any
20
concourse area surrounding a swimming
pool constructed for the purpose of, or being
used for, a Championships event.
Penalty: 20 penalty units.
(3) Sub-sections (1) and (2) do not apply to any
25
person who--
(a) is a participant in a Championships
event; or
(b) is engaged in the control or
management of a Championships event
30
or officiating at a Championships
event; or
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(c) is officially acting as a volunteer
engaged in the management or conduct
of a Championships event; or
(d) is, or is a member of a class of person
that is, otherwise authorised to carry
5
out an activity referred to in sub-
section (1) or (2).
88O. Obstructing, hindering or disrupting
conduct of events
During the event period, a person must not
10
intentionally or recklessly obstruct, hinder or
disrupt the conduct of a Championships
event.
Penalty: 60 penalty units.
88P. Obstructing or hindering person involved
15
in event
During the event period, a person must not
intentionally or recklessly obstruct or
hinder--
(a) a participant in a Championships event;
20
or
(b) a person officiating at a Championships
event; or
(c) a volunteer engaged in the management
or conduct of a Championships event;
25
or
(d) a contractor or other person engaged or
employed by the Corporation, the State
or a public authority of the State to
carry out functions associated with or
30
ancillary to the conduct of a
Championships event.
Penalty: 60 penalty units.
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88Q. Use of loud hailer etc.
During the event period, a person must not,
in a Championships venue or a designated
access area, operate or use a loud hailer,
public address system or other broadcast
5
device except--
(a) with the written authorisation of the
Secretary; or
(b) in the course of--
(i) officiating at a Championships
10
event; or
(ii) officially acting as a volunteer
engaged in the management or
conduct of a Championships
event; or
15
(c) otherwise in accordance with this Act.
Penalty: 20 penalty units.
88R. Erecting structures
(1) During the event period, a person must not
erect any structure in a Championships
20
venue or a designated access area, except
with the written authorisation of the
Corporation or of the Secretary.
Penalty: 20 penalty units.
(2) Sub-section (1) does not apply in respect of
25
any structure relating to a Formula One event
erected in a Championships venue or a
designated access area in Albert Park and
which is authorised to be erected under the
Australian Grands Prix Act 1994.
30
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(3) An authorised officer may cause to be
dismantled or removed from a
Championships venue or a designated access
area any structure erected in contravention of
this section.
5
88S. Conducting surveys or soliciting money
etc.
During the event period, a person must not,
except with the written authorisation of the
Corporation, in a Championships venue or a
10
designated access area--
(a) conduct public surveys or opinion
polls; or
(b) solicit money, donations or
subscriptions from members of the
15
public.
Penalty: 20 penalty units.
88T. Hawking or sale of goods or services
During the event period, a person must not,
in a Championships venue or a designated
20
access area, hawk, sell, offer or expose for
sale to members of the public any goods or
services or collect money or orders from
members of the public for goods or services
except with the written authorisation of the
25
Corporation.
Penalty: 20 penalty units.
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88U. Bringing in goods for sale or distribution
During the event period, a person must not
bring into a Championships venue or a
designated access area goods for the purpose
of distribution or sale to members of the
5
public except with the written authorisation
of the Corporation.
Penalty: 20 penalty units.
88V. Tickets
During the event period, a person must not,
10
except with the written authorisation of the
Corporation, in a Championships venue or a
designated access area--
(a) sell, offer or make available for sale, or
give away any ticket to the
15
Championships, whether valid, an
imitation or forged; or
(b) bring into a Championships venue or a
designated access area tickets for the
purposes referred to in paragraph (a).
20
Penalty: 20 penalty units.
88W. Busking
During the event period, a person must not
busk in a Championships venue or a
designated access area except--
25
(a) with the written authorisation of the
Secretary; or
(b) otherwise in accordance with this Act.
Penalty: 20 penalty units.
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88X. Prohibition of advertisements
(1) During the event period, a person must not,
except with the written authorisation of the
Corporation, cause any poster, placard, bill,
banner, print, paper or any advertising
5
material to be affixed to or placed on or
remain on any building or structure, tree,
fence or cordon that is--
(a) in a Championships venue or a
designated access area; or
10
(b) on any fence, cordon, building or
structure defining the boundary of a
Championships venue or a designated
access area.
Penalty: 20 penalty units.
15
(2) An authorised officer may remove any
poster, placard, bill, banner, print, paper or
advertising material, affixed or placed on any
building or structure, tree, fence or cordon in
contravention of this section.
20
(3) During the event period, a person must not
distribute or promote any advertising or
promotional material, samples of goods or
services, or any other matter or thing to
members of the public in a Championships
25
venue or a designated access area except--
(a) with the written authorisation of the
Corporation; or
(b) otherwise in accordance with this Act.
Penalty: 20 penalty units.
30
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(4) During the event period, a person must not
display any advertising or promotional
material, samples of goods or services, or
any other matter or thing to members of the
public in a Championships venue or a
5
designated access area except--
(a) with the written authorisation of the
Corporation; or
(b) otherwise in accordance with this Act.
Penalty: 20 penalty units.
10
(5) Sub-section (4) does not apply to articles of
clothing being worn by--
(a) a member of the public attending a
Championships event; or
(b) a person who is a participant in, or who
15
is officiating at, a Championships
event; or
(c) a volunteer engaged in the management
or conduct of a Championships event.
(6) Sub-sections (1), (3) and (4) do not apply to
20
any advertising material or promotional
material relating to a Formula One event--
(a) affixed, placed, displayed or distributed
during the event period in a
Championships venue or a designated
25
access area in Albert Park; and
(b) which is authorised under the
Australian Grands Prix Act 1994.
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88Y. Disruptive behaviour
An authorised officer or a member of the
police force may direct a person who is in a
Championships venue or a designated access
area to leave the Championships venue or
5
designated access area and not re-enter the
venue or area for a period of 24 hours if the
authorised officer or member of the police
force, as the case requires, believes on
reasonable grounds that the person is--
10
(a) disrupting or interrupting any
Championships event organised by the
Corporation; or
(b) causing annoyance to spectators.
Division 2--Surrender and Confiscation of
15
Items
88Z. Surrender or confiscation of prohibited
items
(1) An authorised officer or a member of the
police force may request a person to
20
surrender any item that--
(a) is a prohibited item which the person
intends to bring, or has brought, into a
Championships venue or a designated
access area or has in that person's
25
possession in that venue or area in
contravention of section 88A, 88B
or 88C; or
(b) a person has in his or her possession in
contravention of section 88F.
30
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(2) If a person refuses to comply with a request
under sub-section (1), an authorised officer
or a member of the police force--
(a) may direct the person not to enter the
Championships venue or the designated
5
access area; or
(b) if the person is in a Championships
venue or a designated access area, may
direct the person to leave the
Championships venue or the designated
10
access area (as the case requires) and
not re-enter the area for a period of
24 hours; or
(c) may confiscate the prohibited item.
88ZA. Surrender or confiscation of other items
15
(1) An authorised officer or a member of the
police force may request a person in a
Championships venue or a designated
access area to surrender any item which the
officer or member believes on reasonable
20
grounds to have been used in contravention
of section 88S, 88T, 88U or 88V.
(2) If a person refuses to comply with a request
under sub-section (1), an authorised officer
or member of the police force may confiscate
25
that item.
88ZB. Police may retain or otherwise deal with
prohibited item for purpose of
proceedings
(1) Without limiting any other power in relation
30
to proceedings for an offence, if, under this
Division, an item is surrendered to a member
of the police force or confiscated by a
member of the police force or otherwise
comes into the possession of a member of
35
the police force, that member--
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(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 accordance with law; and
(b) in the case of a prohibited item of a
5
kind referred to in paragraph (a), (e),
(h), (j), (l), (m) or (n) of the definition
of "prohibited item" in section 3, may
photograph or otherwise take a record
of that item for the purpose of
10
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 surrendered the item, return it
15
to the person when the person
leaves the Championships venue
or a designated access area; or
(ii) if that person does not request the
return of the item under sub-
20
paragraph (i), give that item to the
Secretary to be dealt with in
accordance with section 88ZC; or
(iii) return the item to its lawful owner,
if known, within 28 days after it
25
was confiscated or surrendered
under this Division; or
(iv) otherwise deal with that item in
accordance with law.
(2) If proceedings for an offence against section
30
88A, 88B, 88C, 88F, 88S, 88T, 88U or 88V
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
35
it was confiscated.
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88ZC. Storage of items surrendered or
confiscated
(1) Subject to section 88ZB, the Secretary must
ensure that an item that has been surrendered
by a person in compliance with a request
5
under this Division or confiscated under this
Division--
(a) is stored at the relevant Championships
venue or a designated access area or
any other place in a manner which the
10
Secretary considers appropriate; and
(b) subject to this section, on payment of a
reasonable storage fee determined by
the Secretary under section 88ZD, is
returned to the person--
15
(i) on request when the person leaves
the Championships venue or a
designated access area; or
(ii) within 28 days after the item is
surrendered or confiscated.
20
(2) A prohibited item that is not collected by the
person who surrendered it in compliance
with a request under section 88Z or from
whom it was confiscated under that section
must be stored by the Secretary until the
25
earlier of--
(a) the person requesting the item's return;
or
(b) the expiration of 28 days after the item
was surrendered or confiscated (as the
30
case requires).
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(3) Subject to sub-section (5), if the person from
whom an item was surrendered or
confiscated under section 88ZA has not
requested the item's return in accordance
with sub-section (1), the Secretary may
5
destroy that item in any manner that the
Secretary thinks fit.
(4) Subject to sub-section (5), despite anything
to the contrary in this section, if a
surrendered prohibited item or a confiscated
10
prohibited item--
(a) is a prohibited weapon or a controlled
weapon within the meaning of the
Control of Weapons Act 1990 or a
firearm within the meaning of the
15
Firearms Act 1996, the possession of
which would constitute an offence
under the relevant Act, the Secretary
must ensure that the item is given to a
member of the police force within
20
24 hours after the item is surrendered or
confiscated (as the case requires);
(b) is a firework, the Secretary must ensure
that the item is given to a member of
the police force within 24 hours after
25
the item is surrendered or confiscated
(as the case requires);
(c) is a dangerous good, laser pointer or
distress signal and the item is not
collected within 28 days after it was
30
surrendered or confiscated, the
Secretary must destroy the item;
(d) is a perishable foodstuff, the Secretary
may destroy or dispose of the item after
the end of the day on which the item is
35
surrendered or confiscated;
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(e) being an item not referred to in
paragraph (a), (b) or (c), is not collected
within 28 days after it was surrendered
or confiscated (as the case requires), the
Secretary may sell the item and the
5
proceeds of the sale must be paid into
the Consolidated Fund.
(5) If proceedings for an offence against
section 88A, 88B, 88C, 88F, 88S, 88T, 88U
or 88V have been commenced in respect of
10
an item to which this section applies, subject
to any court order, that item must not be--
(a) returned to the person who surrendered
it or from whom it was confiscated; or
(b) destroyed or sold under this section.
15
88ZD. Storage fee
(1) The Secretary, by declaration published
in the Government Gazette, may fix
reasonable storage fees for the purposes of
section 88ZC.
20
(2) A declaration under sub-section (1)--
(a) may differ according to differences in
time, place or circumstance;
(b) may set different fees for different
items or classes of item.
25
88ZE. Secretary may authorise certain activities
(1) The Secretary may authorise a specified
person to carry out an activity which
would otherwise be an offence against
section 50T, 50U, 88A, 88B, 88C, 88D, 88F,
30
88L, 88N, 88Q or 88R if the Secretary is
satisfied that the carrying out of that activity
is necessary for or in connection with the
conduct or management of a Championships
event.
35
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(2) An authorisation under sub-section (1)--
(a) must be in writing; and
(b) must specify the person to whom it
applies; and
(c) is subject to the terms and conditions
5
which the Secretary considers
reasonable to impose in the
circumstances and which are specified
in the authorisation.
(3) Without limiting sub-section (2), an
10
authorisation may specify--
(a) the period during which the
authorisation applies; and
(b) the area to which the authorisation
applies.
15
(4) The Secretary may at any time and at the
Secretary's discretion, revoke an
authorisation issued under this section.
88ZF. Declaration of class of persons
(1) The Secretary, by declaration may authorise
20
a class of person or classes of persons to
carry out an activity which would otherwise
be an offence against section 50T, 50U, 88A,
88B, 88C, 88D, 88F, 88L, 88N, 88Q or 88R
if the Secretary is satisfied that the carrying
25
out of that activity is necessary for or in
connection with the conduct or management
of a Championships event.
(2) A declaration under sub-section (1)--
(a) must specify the class of person or
30
classes of persons to whom the
authorisation applies;
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(b) must specify the terms and conditions
(if any) to which the authorisation is
subject;
(c) may specify--
(i) the period during which the
5
authorisation applies;
(ii) the area to which the authorisation
applies;
(d) may be of general or limited
application;
10
(e) may differ according to differences in
time, place or circumstance.
(3) A declaration under sub-section (1) must be
published in the Government Gazette.
(4) The Secretary may revoke or amend a
15
declaration made under this section by notice
published in the Government Gazette.
88ZG. Corporation may authorise certain
activities
(1) Subject to sub-section (2), the Corporation
20
may authorise a person or class of person to
carry out an activity during an event period
which would otherwise be an offence against
section 50T, 50U, 88N, 88R, 88S, 88T, 88U,
88V or 88X.
25
(2) An application for an authorisation by the
Corporation under this section must be made
in the manner and form determined by the
Corporation.
(3) The Corporation must not give an
30
authorisation under sub-section (1) if, in the
opinion of the Corporation, the carrying out
of that activity would adversely affect--
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(a) the organisation or conduct of the
Championships or a Championships
event; or
(b) any commercial arrangements relating
to the Championships or a
5
Championships event.
(4) An authorisation under this section must be
in writing.
88ZH. What can an authorisation contain?
An authorisation by the Corporation under
10
section 88ZG is subject to any terms and
conditions which the Corporation believes
are reasonable to impose, including but not
limited to--
(a) the duration of the authorisation during
15
the event period to which it applies;
(b) whether the authorisation applies
generally or in specified circumstances;
(c) whether the authorisation applies to a
specified person or persons or to a
20
specified class or classes of person;
(d) whether the authorisation applies to a
specified type of activity or to a
specified class or classes of activity.
88ZI. Offence to fail to comply with terms and
25
conditions
A person to whom an authorisation under
section 88ZE, 88ZF or 88ZG applies, or who
belongs to a class in respect of which an
authorisation under section 88ZE, 88ZF or
30
88ZG applies, must not contravene a term or
condition of the relevant authorisation.
Penalty: 20 penalty units.
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88ZJ. Production of authorisation
(1) An authorised officer or a member of the
police force may direct a person to whom an
authorisation under section 88ZE, 88ZF or
88ZG applies, or who belongs to a class in
5
respect of which an authorisation under
section 88ZE, 88ZF or 88ZG applies, to
produce for inspection that authorisation or
evidence of that person's authorisation--
(a) immediately; or
10
(b) within 7 days at a place determined by
the authorised officer or the member of
the police force.
(2) A person must comply with a direction under
this section.
15
Penalty: 5 penalty units.'.
12. Division heading inserted
In Part 7 of the Principal Act, before section 89
insert--
"Division 1--General".
20
13. New Divisions 2 to 5 of Part 7 inserted
After section 89 of the Principal Act insert--
'Division 2--Authorised Officers
89A. Appointment of authorised officers
(1) The Secretary may appoint a person to be an
25
authorised officer if--
(a) the person holds under the Private
Security Act 2004--
(i) a private security business licence
that authorises that person to carry
30
on the business of providing the
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services of other persons to act as
a security guard or a crowd
controller; or
(ii) a private security individual
operator licence that authorises
5
that person to act as a security
guard or a crowd controller; or
(b) the person is a person who the
Secretary believes has the appropriate
skills, knowledge or experience to be
10
appointed as an authorised officer; or
(c) the person is a member of a class of
person appropriate to be appointed as
an authorised officer.
(2) An appointment under sub-section (1)--
15
(a) must be in writing; and
(b) must specify the terms and conditions
on which the person is appointed; and
(c) may specify particular Championships
venues or designated access areas in
20
which the person may exercise powers,
functions or duties as an authorised
officer.
(3) The Secretary may require an authorised
officer appointed under this section to
25
undertake specified training before
exercising any powers, functions or duties
under this Act.
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89B. Identification of authorised officers
(1) The Secretary must issue to each person
appointed as an authorised officer an identity
card that--
(a) contains a photograph of the person;
5
and
(b) states the full name of the person to
whom it is issued; and
(c) states that the person is an authorised
officer for the purposes of this Act.
10
(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 so.
(3) If a person appointed to be an authorised
15
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 exercise those functions in
relation to the person making the demand.
20
(4) In any proceedings under this Act, an
identity card purporting to be issued to a
person by the Secretary under this Division
is evidence of the appointment of that person
as an authorised officer.
25
89C. Offence to hinder or obstruct authorised
officer
A person must not obstruct or hinder an
authorised officer in the exercise of his or
her powers, functions or duties under this
30
Act.
Penalty: 60 penalty units.
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89D. Offence to impersonate authorised officer
A person must not impersonate an authorised
officer.
Penalty: 60 penalty units.
89E. Delegation under this Division by
5
Secretary
The Secretary, in writing, may delegate any
of the powers conferred on the Secretary
under this Division, other than this power of
delegation, to--
10
(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
15
Act for a public purpose.
Division 3--Powers of Authorised Officers
89F. Power to require name and address
(1) An authorised officer may require a person
to give his or her name and address to the
20
authorised officer if the authorised officer
believes on reasonable grounds that the
person has committed an offence against
section 88G, 88H, 88I, 88Q, 88S, 88T, 88U
or 88V.
25
(2) Before requiring a person to state his or her
name and address, an authorised officer
must--
(a) produce his or her identity card; and
(b) inform the person that the authorised
30
officer believes that the person has
committed an offence against section
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88G, 88H, 88I, 88Q, 88S, 88T, 88U
or 88V (as the case requires); and
(c) inform the person that it is an offence
against this Act--
(i) to fail or refuse to give his or her
5
name and address to an authorised
officer when directed to do so; or
(ii) to give a false or misleading name
and address to an authorised
officer.
10
89G. Refusal to give name and address
(1) A person in a Championships venue or
designated access area must not fail or refuse
to give his or her name and address to an
authorised officer when required to do so
15
under section 89F.
Penalty: 5 penalty units.
(2) A person in a Championships venue or
designated access area must not give a false
or misleading name and address to an
20
authorised officer when required to give his
or her name and address under section 89F.
Penalty: 5 penalty units.
89H. Inspection powers
(1) An authorised officer or a member of the
25
police force may--
(a) request a person to produce and open
for inspection and search by an
authorised officer any bag, basket or
other receptacle that the person intends
30
to take into, or has in, a Championships
venue or a designated access area;
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(b) request a person to produce and empty
of its contents any bag, basket or other
receptacle that the person intends to
take into, or has in, a Championships
venue or a designated access area;
5
(c) request a person who intends to enter or
has entered a Championships venue or
a designated access area to turn out that
person's pockets;
(d) request a person who intends to enter a
10
Championships venue or a designated
access area--
(i) to walk through screening
equipment; and
(ii) to allow an authorised officer or
15
member of the police force to pass
hand-held screening equipment
over or around the person or
around things in the person's
possession; and
20
(iii) to allow things in the person's
possession to pass through
screening equipment or to be
examined by x-ray.
(2) If a request under sub-section (1)(b) or (1)(c)
25
is made of a person by an authorised officer
or a member of the police force--
(a) the person may request that the
inspection be conducted in private; and
(b) the authorised officer or member of the
30
police force must conduct the
inspection in a private area set aside by
the Corporation or the Secretary for that
purpose.
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(3) For the purposes of inspection and search
under this section, an authorised officer or a
member of the police force may--
(a) search through any bag, basket or other
receptacle; or
5
(b) search through and move the contents
of that bag, basket or other receptacle;
or
(c) search through and move the contents
of a person's pockets turned out in
10
accordance with sub-section (1)(c).
(4) An authorised officer or a member of the
police force may direct a person not to enter
the Championships venue or the designated
access area for a period of 24 hours if the
15
person refuses to comply with a request
made under sub-section (1).
(5) An authorised officer or a member of the
police force may direct a person who is in a
Championships venue or a designated access
20
area and who refuses to comply with a
request under sub-section (1)--
(a) to leave the Championships venue or
the designated access area, as the case
requires; and
25
(b) not to re-enter that venue or area for a
period of 24 hours.
(6) In this section, "screening equipment"
means a metal detector or similar device for
detecting objects or particular substances.
30
(7) Nothing in this section affects the operation
of section 8G or 10 of the Control of
Weapons Act 1990.
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Division 4--Miscellaneous Enforcement
Matters
89I. Direction to leave venue or designated
access area
(1) Subject to sub-section (2), an authorised
5
officer or a member of the police force may
direct a person to leave and not re-enter or
not to enter a Championships venue or the
designated access area if the authorised
officer or a member of the police force (as
10
the case requires)--
(a) believes on reasonable grounds that the
person has committed an offence
against section 50T or 50U or a
provision of Division 1 of Part 6A of
15
this Act; and
(b) has informed the person that the officer
or member has formed the belief
referred to in paragraph (a); and
(c) has, prior to making the direction,
20
requested that person to leave and not
re-enter or not to enter the
Championships venue or the designated
access area and that person has refused
to leave or has entered or re-entered.
25
(2) An authorised officer or a member of the
police force must--
(a) produce proof of his or her identity and
official status before exercising a power
under sub-section (1) unless, in the case
30
of a member of the police force, the
member is in uniform; and
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(b) inform the person that--
(i) the authorised officer or member
of the police force (as the case
requires) is empowered to direct
the person to leave and not re-
5
enter or not to enter the
Championships venue or the
designated access area; and
(ii) it is an offence to fail to comply
with the direction; and
10
(c) make all reasonable attempts to ensure
that the person understands the
direction.
(3) A direction under sub-section (1) may apply
to--
15
(a) the whole of a Championships venue or
the designated access area; or
(b) any part of a Championships venue or
the designated access area.
(4) A direction under sub-section (1)--
20
(a) must specify a period, not exceeding
24 hours, for which the direction
applies; and
(b) may be given in either or both of the
following ways--
25
(i) orally;
(ii) in writing by serving it on the
person to whom it applies either
personally or by post.
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89J. Refusal to leave venue or designated
access area and re-entry
(1) A person must not, contrary to a direction
given by an authorised officer or a member
of the police force under section 88Z, 89H
5
or 89I--
(a) enter the Championships venue or
designated access area for a period of
24 hours; or
(b) attempt to enter the Championships
10
venue or designated access area for a
period of 24 hours.
Penalty: 20 penalty units.
(2) A person must leave a Championships venue
or a designated access area immediately after
15
being directed to do so by an authorised
officer or a member of the police force under
section 88Y, 88Z, 89H or 89I.
Penalty: 20 penalty units.
(3) A person who has left a Championships
20
venue or a designated access area after being
directed to do so by an authorised officer or a
member of the police force under section
88Y, 88Z, 89H or 89I must not--
(a) enter or re-enter the Championships
25
venue or designated access area for a
period of 24 hours; or
(b) attempt to enter or re-enter the
Championships venue or designated
access area for a period of 24 hours.
30
Penalty: 20 penalty units.
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(4) Despite sub-sections (1), (2) and (3), it is not
an offence for a person to fail to comply with
a direction given by an authorised officer or
a member of the police force under
section 89I if the authorised officer or
5
member of the police force (as the case
requires) did not comply with section 89I(2).
89K. Police may use reasonable force to remove
person
(1) 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 a Championships
venue or the designated access area
contrary to a direction under
15
section 88Z, 89H or 89I;
(b) remove a person from a Championships
venue or the designated access area
after the person has refused to comply
with a direction under section 88Y,
20
88Z, 89H or 89I;
(c) prevent a person from re-entering or
attempting to re-enter a Championships
venue or the designated access area
contrary to a direction under
25
section 88Y, 88Z, 89H or 89I.
(2) Nothing in this section limits any powers of
arrest that a member of the police force has
under any other law.
(3) Any action taken under this section does not
30
prevent the institution of proceedings in
respect of an offence.
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89L. Repeat offenders
(1) If a member of the police force suspects on
reasonable grounds that a person who has
previously been given a direction to leave or
not enter a Championships venue or the
5
designated access area under section 89I is
likely to disrupt a Championships event, the
member of the police force may apply to the
Magistrates' Court for an order prohibiting
the person from entering any Championships
10
venue or any designated access area (either
wholly or in part) during the event period
(as the case requires).
(2) A member of the police force making an
application under sub-section (1) must serve
15
notice of that application on the person in
respect of whom the application is made.
(3) On an application under sub-section (1), the
Magistrates' Court may make an order
prohibiting the person in respect of whom
20
the application is made from entering a
Championships venue or a designated access
area during all or part of the event period if
the Court is satisfied on the balance of
probabilities that--
25
(a) the person was served with notice of
the application under sub-section (2);
and
(b) the person has received a direction
under section 89I; and
30
(c) the person is likely to disrupt a
Championships event.
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(4) The Magistrates' Court order must specify--
(a) the Championships venue or the
designated access area or part of the
venue or area in respect of which the
order is made; and
5
(b) the Championships event in respect of
which the order is made and the period
for which the order is in force.
(5) A person to whom an order under this
section applies must not enter a
10
Championships venue or the designated
access area in contravention of that order.
Penalty: 60 penalty units.
89M. Infringement notices, penalties and
offences
15
(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 committed an offence against
section 88B, 88C, 88G, 88H, 88I, 88N, 88Q,
20
88S, 88T, 88U, 88V, 88W or 89J(1), (2)
or (3) or the regulations.
(2) An authorised officer may serve an
infringement notice on a person who the
authorised officer has reason to believe has
25
committed an offence against section 88S,
88T, 88U or 88V or the regulations.
(3) An offence referred to in sub-section (1) or
(2) for which an infringement notice may be
served, is, on and from the commencement
30
of the Infringements Act 2006, an
infringement offence within the meaning of
that Act.
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(4) The infringement penalty for an offence--
(a) against sections 88C, 88G, 88H, 88I,
88N, 88Q, 88S, 88T, 88U, 88V, 88W
and 89J(1), (2) and (3) or against an
offence in the regulations is 2 penalty
5
units; and
(b) against section 88B is 3 penalty units.
Division 5--Other Miscellaneous Matters
89N. No compensation
No compensation is payable in respect of any
10
loss, damage or injury, other than the death
of, or personal or bodily injury to, a person,
resulting from or arising out of any act or
omission done in good faith by any person in
the administration or purported
15
administration of this Act or the regulations
in relation to the management and conduct
of--
(a) the Championships; or
(b) any Championships event or any
20
associated event, activity or program;
or
(c) any activity associated with or ancillary
to the Championships, a
Championships event or an associated
25
event, activity or program.'.
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14. Regulations
(1) After section 90(1)(b) of the Principal Act
insert--
"(ba) the care, control, management and use of a
Championships venue or designated access
5
area;
(bb) prohibiting or regulating any activity in a
Championships venue or designated access
area;
(bc) regulating the behaviour of persons in a
10
Championships venue or designated access
area to ensure public safety, good order and
decency;
(bd) prohibiting or regulating the entry or
admission of persons to a Championships
15
venue or designated access area, including
the banning of persons from a
Championships venue or designated access
area;
(be) prohibiting or regulating the driving, parking
20
or leaving parked of vehicles or vessels
within a Championships venue or designated
access area;
(bf) prescribing penalties not exceeding
20 penalty units for a contravention of the
25
regulations;".
(2) In section 90(3) of the Principal Act--
(a) in paragraph (b) for "circumstance."
substitute "circumstance;";
(b) after paragraph (b) insert--
30
"(c) may confer a discretionary authority or
impose a duty on a specified person or
class of persons;
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(d) may leave any matter or thing to be
from time to time determined, approved
or dispensed with by the Secretary;
(e) may exempt specified persons or
classes of persons from complying with
5
all or any of the regulations;
(f) may apply, adopt or incorporate any
matter contained in any document,
code, standard, rule, specification or
method, formulated, issued, prescribed
10
or published by any other person,
whether--
(i) wholly or partially or as amended
by the regulations; or
(ii) as formulated, issued, prescribed
15
or published at the time the
regulations are made or at any
time before then; or
(iii) as formulated, issued, prescribed
or published from time to time.".
20
15. Expiry
In section 91 of the Principal Act, after "Part 1,"
(where twice occurring) insert "section 89N,".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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