MAJOR SPORTING EVENTS ACT 2009

Victorian Consolidated Legislation

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MAJOR SPORTING EVENTS ACT 2009

No. 30 of 2009
Version as at 24 June 2009

TABLE OF PROVISIONS

Section Page

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

15. Acts non-application order
16. Consultation prior to making Acts non-application order

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
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

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
89. Refusal to give name and address
90. Inspection

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 1995.
95. Environment Effects Act 1978.
96. Coastal Management Act 1995.
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

103. Power to remove offenders
104. Interference with activities

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

131. Injunctions to restrain conduct
132. Power to rescind or vary injunctions
133. Action for damages

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
144. Power of authorised officer to require information or
documents
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
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
167. Charges may only be filed by the Secretary

Division 4-Other matters

168. VCAT review of certain decisions
169. Delegation by Secretary

Division 5-Enforcement of this Part

170. Entry or search of premises with consent or with a warrant
171. Announcement before entry
172. Court order to answer questions or produce information or documents
173. Seizure etc. of documents under the order
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 10-AUTHORISED OFFICERS

183. Appointment of authorised officers
184. Identification of authorised officers
185. Offence to hinder or obstruct authorised officer
186. Offence to impersonate authorised 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 PROVISIONS AND REPEALS

Division 1-Consequential and other amendments

195. Australian Grands Prix Act 1994.
196. Magistrates' Court Act 1989-Major Events (Crowd Management) Act 2003.
197. Magistrates' Court Act 1989-clause 65 of Schedule 4 substituted
198. Magistrates' Court Act 1989-Major Events (Aerial Advertising) Act 2007.
199. World Swimming Championships Act 2004.

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
206. Regulations dealing with transitional matters
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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