Victorian Consolidated Legislation

Major Sporting Events Act 2009 - SECT 3

Definitions

3. Definitions



(1) In this Act-

Acts non-application order means an order made under section 15;





advertising means any form of communication (including selling or giving away
any goods or services) made to the public or a section of the public in
relation to any-

   (a)  goods or services;

   (b)  brand of goods or services;

   (c)  person who provides goods or services- and includes-

   (d)  a banner or other sign towed by or attached to a vessel;

   (e)  matter displayed on a vessel, other than its normal markings and
        livery;

   (f)  matter displayed on a flag, other than a state or national flag, that
        has an area of more than 5 square metres;

   (g)  any laser or digital projection of advertising that is not aerial;
        advertising limitation period in relation to a major sporting event to
        which Part 7 applies means-

   (a)  the period-

   (i)  starting 7 days before the major sporting event starts; and

   (ii) ending 2 days after the major sporting event ends; or

   (b)  if a different period is specified in a major sporting event order, a
        period specified in that order to be an advertising limitation period
        for that major sporting event; advertising on vessels authorisation
        means an authorisation given by an event organiser under section 118;
        aerial advertising includes-

   (a)  skywriting or sign writing by an aircraft;

   (b)  a banner or other sign towed by or attached to an aircraft;

   (c)  matter displayed on an aircraft, other than its normal markings and
        livery identifying the operator of that aircraft or the manufacturer
        of that aircraft;

   (d)  matter displayed on-

   (i)  a hang glider, parachute, paraglider or similar device, other than its
        normal markings; or

   (ii) a banner or sign attached to a hang glider, parachute, paraglider or
        similar device;

   (e)  a banner or sign attached to a person suspended from a hang glider,
        parachute, paraglider or similar device;

   (f)  any laser or digital projection of advertising; aerial advertising
        authorisation means an authorisation given under section 127(1);
        aerial advertising event means-

   (a)  the Boxing Day cricket test;

   (b)  the Australian Open Tennis Championships;

   (c)  the Australian Formula One Grand Prix;

   (d)  the Australian Motorcycle Grand Prix;

   (e)  the AFL Grand Final;

   (f)  a match in the AFL Finals Series;

   (g)  Caulfield Cup Day;

   (h)  Cox Plate Day;

   (i)  the Melbourne Cup Carnival;

   (j)  an event specified in a major sporting event order as an aerial
        advertising event; aerial advertising limitation time means-

   (a)  in relation to the Boxing Day cricket test, from 9.00 a.m. until 7.00
        p.m. on each day of that event;

   (b)  in relation to the Australian Open Tennis Championships, from 9.00
        a.m. until midnight on each day of that event;

   (c)  in relation to the Australian Formula One Grand Prix, from the later
        of-

   (i)  the opening time fixed by regulations made under the
        Australian Grands Prix Act 1994; or

   (ii) 9.00 a.m.- on each day of that event until the closing time fixed by
        regulations made under that Act;

   (d)  in relation to the Australian Motor Cycle Grand Prix, from 9.00 a.m.
        until 7.00 p.m. on each day of that event;

   (e)  in relation to the AFL Grand Final, from 9.00 a.m. until 7.00 p.m. on
        the day of that event;

   (f)  in relation to a match in the AFL Finals Series, from 4 hours before
        the advertised starting time of the match until 2 hours after the
        actual end of the match on the day of that match;

   (g)  in relation to Caulfield Cup Day, from 2 hours before the advertised
        starting time of the first race until 2 hours after the actual
        starting time of the last race on the day of that event;

   (h)  in relation to Cox Plate Day, from 2 hours before the advertised
        starting time of the first race until 2 hours after the actual
        starting time of the last race on the day of that event;

   (i)  in relation to the Melbourne Cup Carnival, from 2 hours before the
        advertised starting time of the first race until 2 hours after the
        actual starting time of the last race on each day of that event;

   (j)  in relation to an event specified in a major sporting event order as
        an aerial advertising event, the aerial advertising limitation time
        specified in that order; aerial advertising venue means-

   (a)  in relation to the Boxing Day cricket test, the MCG;

   (b)  in relation to the Australian Open Tennis Championships, Melbourne
        Park;

   (c)  in relation to the Australian Formula One Grand Prix, the area
        declared by notice under section 27 of the
        Australian Grands Prix Act 1994 in respect of the year specified in
        that notice;

   (d)  in relation to the Australian Motor Cycle Grand Prix, the Phillip
        Island Grand Prix Circuit;

   (e)  in relation to the AFL Grand Final, the MCG;

   (f)  in relation to a match in the AFL Finals Series, the MCG or Docklands
        Stadium, as the case requires;

   (g)  in relation to Caulfield Cup Day, the Caulfield Racecourse;

   (h)  in relation to Cox Plate Day, the Moonee Valley Racecourse;

   (i)  in relation to the Melbourne Cup Carnival, the Flemington Racecourse;

   (j)  in relation to an event specified in a major sporting event order as
        an aerial advertising event, the venue specified in that order as an
        aerial advertising venue for that event; AFL Finals Series means any
        matches played between the end of the home and away rounds of the AFL
        Premiership season and the AFL Grand Final to determine the
        participants in the AFL Grand Final and held at the MCG or Docklands
        Stadium, including any Qualifying Finals, Semi-Finals and Preliminary
        Finals; AFL Grand Final means the Australian Football League Grand
        Final; aircraft includes an airship, a blimp, a hot-air balloon, a
        helicopter or an ultra-light aircraft; Albert Park has the same
        meaning as it has in section 3 of the Australian Grands Prix Act 1994;
        approved ticket scheme for a sports ticketing event means a ticket
        scheme for the event that is currently approved by the Minister under
        section 157;
Australian Formula One Grand Prix has the same meaning as "Formula One event"
has in the Australian Grands Prix Act 1994; Australian Grand Prix Corporation
means the Australian Grand Prix Corporation established by the
Australian Grands Prix Act 1994;
Australian Motorcycle Grand Prix has the same meaning as "Australian
Motorcycle Grand Prix event" has in the Australian Grands Prix Act 1994;
Australian Open Tennis Championships means the Grand Slam tennis championships
conducted annually by Tennis Australia in Melbourne; authorised applicant, in
Division 4 of Part 3, means-

   (a)  the event organiser of an event to which Part 3 applies;

   (b)  any person authorised by Part 3 or any other law to use protected
        event logos or images or protected event references in relation to an
        event to which Part 3 applies;

   (c)  the holder of a broadcasting authorisation; authorised officer means a
        person appointed as an authorised officer under section 183 and, in
        Part 4, includes a member of the police force; ban order means an
        order imposed by a court under section 87; Bob Jane Stadium means the
        stadium shown shaded grey on lodged plan LEGL./05-398 lodged in the
        Central Plan Office maintained under the
        Survey Co-ordination Act 1958; Boxing Day cricket test means the
        cricket test match held at the MCG commencing on 26 December in each
        year; broadcasting authorisation means an authorisation under section
        40; broadcasting equipment means equipment used-

   (a)  to broadcast, telecast or transmit by any means whatever any sound or
        image; or

   (b)  to make a sound recording; or

   (c)  to make a recording of moving images, whether by film, television,
        video, digitally or otherwise- and includes a film, digitally recorded
        images and a sound recording; Caulfield Cup Day means the third
        Saturday before Melbourne Cup Day; Caulfield Racecourse means the land
        described in item 2 of Schedule 2 to the Racing Act 1958;



commercial arrangements period in relation to a major sporting event to which
Part 3 applies means-

   (a)  the period-

   (i)  starting 3 months before the major sporting event starts; and

   (ii) ending one month after the major sporting event ends; or

   (b)  if a different period is specified in a major sporting event order, a
        period specified in that order to be a commercial arrangements period
        for that major sporting event; Cox Plate Day means the second Saturday
        before Melbourne Cup Day; crowd management period in relation to a
        major sporting event to which Part 4 applies means-

   (a)  the period-

   (i)  starting 7 days before the major sporting event starts; and

   (ii) ending 2 days after the major sporting event ends; or

   (b)  if a different period is specified in a major sporting event order, a
        period specified in that order to be a crowd management period for
        that major sporting event; dangerous goods has the same meaning as in
        section 3(1) of the Dangerous Goods Act 1985; Department means the
        Department of Planning and Community Development; distress signal
        means a pyrotechnic device intended for signalling, warning, rescue or
        similar purposes, and includes marine flares and signals, landing
        flares, highway fusees, line-carrying rockets, anti-hail rockets,
        cloud rockets, avalanche rockets and smoke generators; Docklands
        Stadium means the stadium in the area bounded by La Trobe Street,
        Wurundjeri Way, Bourke Street and Harbour Esplanade in the docklands
        area within the meaning of the Docklands Act 1991; event area means an
        area of land that is specified in a major sporting event order to be
        an event area for the purposes of a major sporting event; event
        organiser, other than in Part 9, means-

   (a)  in relation to the Boxing Day cricket test, Cricket Australia ABN 53
        006 089 130;

   (b)  in relation to the Australian Open Tennis Championships, Tennis
        Australia ABN 61 006 281 125;

   (c)  in relation to the Australian Formula One Grand Prix, the Australian
        Grand Prix Corporation;

   (d)  in relation to the Australian Motor Cycle Grand Prix, the Australian
        Grand Prix Corporation;

   (e)  in relation to the AFL Finals Series and the AFL Grand Final, the
        Australian Football League ABN 97 489 912 318;

   (f)  in relation to Caulfield Cup Day, the Melbourne Racing Club ABN 96 267
        203 634;

   (g)  in relation to Cox Plate Day, the Moonee Valley Racing Club ABN 45 806
        588 917;

   (h)  in relation to the Melbourne Cup Carnival, the Victoria Racing Club
        Limited ACN 119 214 078;

   (i)  a person specified as the event organiser for a major sporting event
        in a major sporting event order; event venue means-

   (a)  the MCG;

   (b)  Phillip Island Grand Prix circuit;

   (c)  the Docklands Stadium;

   (d)  the Melbourne Sports and Aquatic Centre land;

   (e)  the State Netball and Hockey Centre land;

   (f)  national tennis centre land;

   (g)  Olympic Park land;

   (h)  the Bob Jane Stadium;

   (i)  any venue specified as an event venue in a major sporting event order;

   (j)  an area of land that is specified as an event venue in a major
        sporting event order; Note The definition of land in section 38 of the
        Interpretation of Legislation Act 1984 includes land covered by water.



facilities includes demountable or temporary pools, grandstands, media
facilities, spectator facilities, competitor facilities and commercial,
franchise or entertainment facilities, broadcasting facilities, timing
facilities and other facilities for the operation or conduct of an event;

firm means a partnership or other unincorporated body but does not include a
trust; Flemington Racecourse means the land described in item 4 of Schedule 2
to the Racing Act 1958; football includes soccer; laser pointer means a
hand-held article designed or adapted to emit laser beams; major sporting
event means-

   (a)  the Australian Open Tennis Championships;

   (b)  any Australian Football League match held at the MCG or the Docklands
        Stadium;

   (c)  any international or interstate cricket match held at the MCG or the
        Docklands Stadium;

   (d)  any international, national or state league football match held at an
        event venue;

   (e)  any event specified in a major sporting event order as a major
        sporting event- and includes any opening ceremony or closing ceremony,
        parade or similar activity or event connected with the major sporting
        event and specified in a major sporting event order applying to the
        major sporting event; major sporting event order means an order made
        under section 7; major sporting events guidelines means the guidelines
        issued by the Minister under section 25; MCG has the same meaning as
        Ground has in the Melbourne Cricket Ground Act 2009; Melbourne Cup
        Carnival means the event that consists of the following race meetings-

   (a)  Victoria Derby Day;

   (b)  Melbourne Cup Day;

   (c)  Oaks Day;

   (d)  Stakes Day; Melbourne Cup Day means the first Tuesday in November;
        Melbourne Park has the same meaning as it has in the Melbourne and
        Olympic Parks Act 1985; Melbourne Sports and Aquatic Centre land has
        the same meaning as in the State Sport Centres Act 1994; Moonee Valley
        Racecourse means the land described in item 7 of Schedule 2 to the
        Racing Act 1958; national tennis centre land has the same meaning as
        in the Melbourne and Olympic Parks Act 1985; no compensation order
        means an order made under section 17; Oaks Day means the first
        Thursday after Melbourne Cup Day; Office of Sport and Recreation
        Victoria means staff of the Department of Planning and Community
        Development engaged in the administration of this Act; Olympic Park
        land has the same meaning as in the Melbourne and Olympic Parks Act
        1985; operational arrangements period in relation to a major sporting
        event to which Part 6 applies means-

   (a)  the period-

   (i)  starting 3 months before the major sporting event starts; and

   (ii) ending one month after the major sporting event ends; or

   (b)  if a different period is specified in a major sporting event order, a
        period specified in that order to be an operational arrangements
        period for that major sporting event; person includes an
        unincorporated association and a firm; Note See also section 38 of the
        Interpretation of Legislation Act 1984. Phillip Island Grand Prix
        circuit has the same meaning as it has in the
        Australian Grands Prix Act 1994; prohibited item means-

   (a)  an animal, other than-

   (i)  if a person is blind, deaf or otherwise suffering a disability, a
        guide dog used by that person or to assist that person; or

   (ii) a police dog or a police horse; or

   (iii) an animal competing or participating in a major sporting event;

   (b)  a laser pointer;

   (c)  a distress signal;

   (d)  dangerous goods;

   (e)  a prohibited weapon within the meaning of the
        Control of Weapons Act 1990;

   (f)  a controlled weapon within the meaning of the
        Control of Weapons Act 1990, the possession of which would constitute
        an offence under that Act;

   (g)  a firearm within the meaning of the Firearms Act 1996;

   (h)  a bicycle (other than a police bicycle or a bicycle for use in
        competing or participating in a major sporting event), scooter,
        skateboard, roller skates or roller blades;

   (i)  a firework;

   (j)  a horn or bugle;

   (k)  a whistle or loud hailer;

   (l)  a flag or banner which-

   (i)  is larger than 1 metre by 1 metre; or

   (ii) has a handle longer than 1 metre;

   (m)  any items which are in such a quantity that a reasonable person could
        infer that those items are to be used for commercial purposes;

   (n)  a public address system, electronic equipment, broadcast equipment or
        similar device which may interfere with broadcast equipment or similar
        devices being used by the event organiser or a person authorised by
        the event organiser or otherwise under this Act to use such equipment
        or devices; protected event logo or image means any logo, image,
        mascot, emblem or other design which is prescribed to be a protected
        event logo or image or declared under section 31 to be a protected
        event logo or image or any part of such logo, image, mascot, emblem or
        other design; protected event reference means any words, expression or
        figures that are prescribed to be protected event references or
        declared under section 31 to be protected event references, including
        any combination of those references, whether with or without other
        words, expression or figures; Secretary means the person who for the
        time being is the Department Head under the
        Public Administration Act 2004 of the Department of Planning and
        Community Development; sponsorship-like arrangement, in Part 3, means-

   (a)  a right to associate a person or a person's goods or services with-

   (i)  a major sporting event to which that Part applies; or

   (ii) the event organiser of a major sporting event to which that Part
        applies; or

   (iii) any event or activity associated with a major sporting event to which
        that Part applies;

   (b)  an affiliation or association (whether commercial or non-commercial)
        with-

   (i)  a major sporting event to which that Part applies; or

   (ii) the event organiser of a major sporting event to which that Part
        applies; or

   (iii) any event or activity associated with a major sporting event to which
        that Part applies; sporting competition space includes, but is not
        limited to-

   (a)  a playing field;

   (b)  a track;

   (c)  an arena;

   (d)  a court or a rink;

   (e)  a swimming pool or diving pool;

   (f)  a road which is being used for a major sporting event;

   (g)  an area of open water which is being used for a major sporting event;

   (h)  any area delineated as sporting competition space for a major sporting
        event;

   (i)  any area for the official use of participants in, or persons
        officiating at, a match, game, sport or an event; sports event, in
        Part 9, means-

   (a)  a type of match, game or other event; or

   (b)  a series of matches, games or other events; or

   (c)  a tournament- involving the playing of sport (whether or not for
        competition) at a ground or other place (whether indoors or outdoors)
        to which persons are admitted on payment of a fee or charge, or after
        making a donation, to view the playing of the sport or to enter or
        remain at the ground or place and, in the case of a sports event that
        consists of a series of matches, games or other events or a
        tournament, includes any opening or closing ceremonies connected with
        the series or tournament; sports event organiser, in Part 9, means a
        person-

   (a)  who is responsible (whether fully or substantially) for-

   (i)  the organisation and holding of a sports event; and

   (ii) the receipt of revenue from the sports event; or

   (b)  to whom an order under subsection (2) applies; sports ticketing event
        means-

   (a)  a sports event to which a sports ticketing event declaration applies;
        and

   (b)  if an event referred to in paragraph (a) is to be replayed or
        rescheduled for any reason, includes the replaying of the event or the
        rescheduled event; sports ticketing event declaration means a
        declaration made under section 152; Stakes Day means the first
        Saturday after Melbourne Cup Day; State Netball and Hockey Centre land
        has the same meaning as in the State Sport Centres Act 1994; swimming
        pool includes an area designated for use for open-water swimming;
        ticket scheme for a sports ticketing event or a sports event means a
        scheme concerning the sale and distribution of tickets to the event;
        ticket scheme proposal for a sports ticketing event or a sports event
        means a proposal by the sports event organiser that sets out details
        of the ticket scheme for the event; ticketing guidelines means the
        guidelines issued by the Minister under section 163; vehicle has the
        same meaning as it has in section 3(1) of the Road Safety Act 1986;
        venue manager means the person who is responsible (whether fully or
        substantially) for-

   (a)  the organisation and use of the venue; or

   (b)  the receipt of revenue from the venue; vessel has the same meaning as
        it has in section 3(1) of the Marine Act 1988; Victoria Derby Day
        means the first Saturday before Melbourne Cup Day; works includes-

   (a)  installation of services or facilities;

   (b)  construction and removal of temporary demountable structures or
        facilities;

   (c)  relocation of buildings, structures or facilities.

(2) For the purposes of the definition of sports event organiser, the
Minister, by order published in the Government Gazette, may declare a person
to be a sports event organiser if the Minister is of the opinion that, for a
particular sports event, the person is responsible (whether fully or
substantially) for-

   (a)  the organisation and holding of the sports event; and

   (b)  the receipt of revenue from the sports event.