MAJOR EVENTS ACT 2009
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 4 Act binds the Crown
- 5 Extraterritorial operation
- 6 Application of Act
PART 2--ORDERS, DECLARATIONS AND GUIDELINES
Division 1--Major sporting event orders
- 7 Governor in Council may make major sporting event order
- 8 Content of major sporting event order
- 9 Minister to consider certain criteria before making recommendation for major sporting event order
- 10 Major sporting event order—event areas
- 11 Major sporting event order—aerial advertising event
- 12 Major sporting event order—commercial arrangements
- 13 Consultation prior to making major sporting event order
- 14 Major sporting event order that specifies reserved land
Division 2--Acts non-application orders
Division 3--No compensation orders
- 17 No compensation order
- 18 No compensation payable
Division 4--General matters relating to orders
- 19 Multiple orders for one event
- 20 Date on which order takes effect
- 21 Describing land in orders
- 22 Orders to be laid before Parliament and certain orders subject to disallowance
- 23 Scope of orders
- 24 Amendment and revocation of orders
Division 5--Major sporting events guidelines
- 25 Major sporting events guidelines
- 26 Failure to comply with major sporting events guidelines
PART 3--COMMERCIAL ARRANGEMENTS
Division 1--Application of Part
- 27 Application of commercial arrangements provisions
- 28 Part does not derogate from other rights
- 29 Part does not affect rights relating to use of business or company names
- 30 Part does not affect rights in respect of passing off
Division 2--Authorising use of logos, images and references
- 31 Minister may declare protected event logos or images or protected event references
- 32 Event organiser may authorise use of protected event logos or images or protected event references
- 33 Minister may authorise non-commercial use of protected event logos or images or protected event references
- 34 What can an authorisation contain?
- 35 Register of authorisations
- 36 Use of protected event logos, images and references which do not need authorisation
- 37 Offence to engage in conduct that suggests sponsorship, approval or affiliation
- 38 Offence to use protected event logos or images or protected event references without authorisation
- 39 Meaning of marked with logos or images or references
Division 3--Authorised broadcasting
- 40 Event organiser may authorise broadcasting
- 41 Application for broadcasting authorisation
- 42 What can a broadcasting authorisation contain?
- 43 Offence to broadcast without broadcasting authorisation
- 44 Offence to make recording without broadcasting authorisation
Division 4--Enforcement
- 45 Injunctions
- 46 Power to rescind or vary injunctions
- 47 Power of court to require corrective advertising
- 48 Actions for damages
- 49 Account of profits
- 50 No entitlement to both damages and account of profits
Division 5--Seizure and forfeiture
- 51 Seizure of goods and advertising material during commercial arrangements period
- 52 Seized goods or advertising material to be given to Office of Sport and Recreation Victoria
- 53 Voluntary forfeiture to Crown
- 54 Seizure of broadcasting equipment
- 55 Seized broadcasting equipment to be given to Office of Sport and Recreation Victoria
- 56 Return of broadcasting equipment within 28 days
- 57 Application to Magistrates' Court for return of broadcasting equipment
- 58 Power for event organiser to retain film etc. for up to 6 months
- 59 Recovery of things seized and compensation
- 60 Court may order forfeiture to the Crown
PART 4--CROWD MANAGEMENT
Division 1--Application of Part
- 61 Application of crowd management provisions
Division 2--Managing crowd behaviour
- 62 Offence to possess prohibited items
- 63 Offence to possess lit distress signal or fireworks
- 64 Offence to throw lit distress signal or firework
- 65 Offence to possess unlit distress signal or fireworks
- 66 Alcohol in event venues and event areas
- 67 Entry into sporting competition space
- 67A Offence to deface or damage sporting competition space or structure in that space
- 68 Offence to throw or kick projectiles
- 69 Offence to damage or deface
- 70 Offence to damage flora
- 71 Offence to block stairs, exits or entries
- 72 Offence to climb on fence, barrier or barricade
- 73 Offence to obstruct view of seated person
- 74 Offence to climb roof or parapet of building
- 74A Offence to enter a venue without a ticket or authority
Division 3--Authorisations
- 75 Venue manager or event organiser may authorise certain activities
- 76 What can an authorisation contain?
- 77 Offence to fail to comply with terms and conditions
- 78 Production of authorisation
Division 4--Dealing with prohibited items
- 79 Powers of venue managers to prohibit other items
- 80 Surrender or confiscation of prohibited items
- 81 Police may retain or otherwise deal with prohibited item for purpose of proceedings
- 82 Storage of surrendered items or confiscated items at event venues
Division 5--Dealing with offenders
- 83 Direction to leave event venue or event area
- 84 Directions to leave—disruptive behaviour etc.
- 85 Refusal to leave event venue or event area and re‑entry
- 86 Repeat offenders
- 87 Ban orders
- 88 Power to require name and address
- 88A Requirement to produce evidence of name and address
- 89 Refusal to give name and address
- 90 Inspection
- 90A Disclosure of information
Division 6--Infringements
- 91 Infringement notices, penalties and offences
PART 5--APPLICATION OF OTHER ACTS
- 92 Application of Part
- 93 Planning and Environment Act 1987
- 94 Heritage Act 2017
- 95 Environment Effects Act 1978
- 96 Marine and Coastal Act 2018
- 97 Crown Land (Reserves) Act 1978 and Land Act 1958
- 98 Building Act 1993
- 99 Limitation on powers to make local laws
- 100 Noise and light
PART 6--GENERAL OPERATIONAL ARRANGEMENTS
Division 1--Application of Part
- 101 Application
Division 2--Access control by event organiser
- 102 Event organiser to manage event venues and event areas during operational arrangements period
Division 3--Removal of offenders by police
Division 4--Vehicle and vessel access and removal
- 105 Vehicles and vessels in event venue or event area
- 106 Parking or leaving vehicles or mooring or anchoring vessels in an event venue or event area
- 107 Removal of vehicles or vessels obstructing event venue or event area
Division 5--Road closures and road modifications
- 108 Definition of traffic
- 109 Temporary closure of roads
- 110 Temporary modification of roads
- 111 Duration of powers
- 112 Deemed permit under section 99B of Road Safety Act 1986
- 113 Road Safety Act 1986 not to apply
Division 6--Restoration of areas
- 114 Event venues and event areas to be restored to reasonable condition
PART 7--ADVERTISING OTHER THAN AERIAL ADVERTISING
- 115 Application
- 116 Prohibition of unauthorised advertising
- 117 Offence to display unauthorised advertising on vessels
- 118 Event organiser may authorise advertising on vessels
- 119 Application for advertising on vessels authorisation
- 120 What can an advertising on vessels authorisation contain?
- 121 Injunctions to restrain conduct
- 122 Power to rescind or vary injunctions
- 123 Action for damages
PART 8--AERIAL ADVERTISING
Division 1--Application
- 124 Application of aerial advertising provisions
Division 2--Aerial advertising
- 125 Offence to display unauthorised aerial advertising
- 126 Application for aerial advertising authorisation
- 127 Secretary may authorise aerial advertising
- 128 Notification of aerial advertising authorisations
- 129 Content of aerial advertising authorisation
- 130 Delegation under this Division by Secretary
Division 3--Remedies
Division 4--Aerial advertising inspection powers
- 134 Search warrant
- 135 Announcement before entry
- 136 Copy of warrant to be given to occupier
- 137 Seizure of things not mentioned in the warrant
- 138 Receipt must be given for any thing seized
- 139 Copies of certain seized things to be given
- 140 Use of equipment to examine or process things
- 141 Use or seizure of electronic equipment at premises
- 142 Return of seized things
- 143 Court may extend period
- 145 False or misleading information
- 146 Protection against self-incrimination
- 147 Entry to be reported to the Secretary
- 148 Register of exercise of powers of entry
- 149 Complaints
- 150 Disclosure of information
PART 9--SPORTS EVENT TICKETING
Division 1--Sports ticketing event declarations
- 151 Notice of intention to make a sports ticketing event declaration
- 152 Sports ticketing event declaration
- 153 Minister may revoke sports ticketing event declaration
Division 2--Approval of ticket schemes
- 154 Requirement to lodge a ticket scheme proposal for sports ticketing event
- 155 Further details and extensions
- 156 Replacement ticket scheme proposal
- 157 Decision to approve a ticket scheme
- 158 Ticket scheme proposal for an event that has not been declared
- 159 Replacement proposal if declaration applies to the event generally
- 160 Authorisations to sell or distribute tickets
- 160A Register of authorised ticket package sellers
- 160B Copy of register of authorised ticket package sellers to be provided to Minister
- 160C Information to be included in advertising of tickets as part of a ticket package
- 161 Variation of approved ticket scheme
- 162 Cancellation of approval of ticket scheme
- 163 Ticketing guidelines
Division 3--Offences
- 164 Holding event before there is an approved ticket scheme
- 165 Failing to comply with an approved ticket scheme
- 166 Selling event tickets contrary to the ticket conditions
- 166A Sale of 5 or less tickets at a premium (scalping)
- 166B Advertising for resale of 5 or less tickets at a premium
- 166C Unauthorised sale of tickets as part of a ticket package
- 166D Advertising unauthorised sale of tickets as part of a ticket package
- 166E Falsely claiming to be authorised to sell tickets as part of a ticket package
- 166F Mandatory advertising requirements for resale of tickets
- 166G Failing to provide accurate information in advertising tickets for resale
- 167 Who can commence proceedings for offences?
- 167A Infringement notices, penalties and offences for this Part
- 167B Seizure of tickets
- 167C Temporary surrender of tickets by purchaser for evidentiary purposes
- 167D Retention of tickets seized from scalper for purpose of proceedings
- 167E Application by scalper to Magistrates' Court for return of tickets
- 167F Forfeiture to the Crown
Division 4--Other matters
Division 5--Enforcement of this Part
- 170 Entry or search of premises with consent or with a warrant
- 171 Announcement before entry
- 174 Copies of seized documents
- 175 Return of seized documents or things
- 176 Protection against self-incrimination
- 177 Offence of giving false or misleading information
- 178 Entry to be reported to Secretary
- 179 Complaints about exercise of powers
- 180 Service and sending of documents under this Part
- 181 Confidentiality
- 182 Requirement to publish or produce information
PART 9A--MAJOR EVENT TICKETING
- 182A Notice of intention to make a major event ticketing declaration
- 182B Request for a major event ticketing declaration
- 182C Major event ticketing declaration
- 182D Minister may revoke major event ticketing declaration
- 182E Price to be displayed on tickets
- 182F Ticket scalping (6 or more tickets)
- 182G Ticket scalping (5 or less tickets)
- 182GA Register of authorised ticket package sellers
- 182GB Copy of register of authorised ticket package sellers to be provided to Minister
- 182GC Information to be included in advertising of tickets as part of a ticket package
- 182GD Unauthorised sale of tickets as part of a ticket package
- 182GE Advertising unauthorised sale of tickets as part of a ticket package
- 182GF Falsely claiming to be authorised to sell tickets as part of a ticket package
- 182GG Mandatory advertising requirements for resale of tickets
- 182GH Failing to provide accurate information in advertising tickets for resale
- 182H Who can commence proceedings for offences against this Part?
- 182I Infringement notices, penalties and offences for this Part
- 182J Seizure of tickets
- 182K Temporary surrender of tickets by purchaser for evidentiary purposes
- 182L Retention of tickets seized from scalper for purpose of proceedings
- 182M Application by scalper to Magistrates' Court for return of tickets
- 182N Forfeiture to the Crown
- 182O VCAT review of certain decisions
PART 10--AUTHORISED OFFICERS AND AUTHORISED TICKETING OFFICERS
- 183 Appointment of authorised officers
- 183A Appointment of authorised ticketing officers
- 184 Identification of authorised officers and authorised ticketing officers
- 185 Offence to hinder or obstruct authorised officer or authorised ticketing officer
- 186 Offence to impersonate authorised officer or authorised ticketing officer
- 186A Power of authorised ticketing officer to require name and address
- 186B Requirement to produce evidence of name and address to authorised ticketing officer
- 186C Refusal to give name and address to authorised ticketing officer
- 186D Disclosure of information by authorised ticketing officer
- 187 Delegation by Secretary
PART 11--ENFORCEMENT
- 188 Who can bring proceedings for offences?
- 189 Offences by bodies corporate
- 190 Conduct by officers, employees or agents
- 191 Actions by firms and unincorporated association
PART 12--MISCELLANEOUS
- 192 Interaction with Australian Grands Prix Act 1994
- 193 Service of documents
- 194 Regulations
PART 13--CONSEQUENTIAL AND OTHER AMENDMENTS, TRANSITIONAL PROVISIONSAND REPEALS
Division 2--Repeals and transitional provisions
- 200 Repeal of Acts
- 201 Interpretation of Legislation Act 1984
- 202 Major Events (Crowd Management) Act 2003—transitional provisions
- 203 Major Events (Aerial Advertising) Act 2007—transitional provisions for specified events
- 204 Sports Event Ticketing (Fair Access) Act 2002—transitional provisions
- 205 Authorised officers
- 205A Major Sporting Events Amendment Act 2013—transitional provisions
- 205B Major Events Legislation Amendment (Ticket Scalping and Other Matters) Act 2018—transitional provision
- 205C Major Events Legislation Amendment (Unauthorised Ticket Packages and Other Matters) Act 2022—transitional provision
- 205D Major Events Legislation Amendment (Unauthorised Ticket Packages and Other Matters) Act 2022—grace period
- 206 Regulations dealing with transitional matters ENDNOTES