Victorian Consolidated Legislation

Major Sporting Events Act 2009 - SECT 86

Repeat offenders

86. Repeat offenders



(1) This section applies to a person who has been convicted or found guilty of
an offence against section 62, 64, 67(2) or 85 on 2 or more occasions within
the period of 5 years immediately before the date on which an application
under subsection (2) is made.



(2) If a member of the police force suspects on reasonable grounds that a
person to whom this section applies is likely to disrupt an event to which
this Part applies or a series of events to which this Part applies, the member
of the police force may apply to the Magistrates' Court for an order
prohibiting the person from entering any event venue or any event area at
which the event to which this Part applies or series of such events is to take
place (either wholly or in part) during a crowd management period for that
event.

(3) A member of the police force making an application under subsection (2)
must serve notice of that application on the person in respect of whom the
application is made.

(4) On an application under subsection (2), the Magistrates' Court may make an
order prohibiting the person in respect of whom the application is made from
entering either or both an event venue or an event area to which this Part
applies during all or part of a crowd management period for that event if the
Court is satisfied on the balance of probabilities that-

   (a)  the person was served with notice of the application under subsection
        (3); and

   (b)  the person is a person to whom this section applies; and

   (c)  the person is likely to disrupt the event to which this Part applies
        or series of such events which is the subject of the application.

(5) The Magistrates' Court order must specify-

   (a)  the event venue or the event area or part of the event venue or event
        area in respect of which the order is made; and

   (b)  the event to which this Part applies, or series of such events, in
        respect of which the order is made; and

   (c)  the period for which the order is in force.

(6) The Magistrates' Court, on the application of a person to whom an order
under this section applies, must quash the order if-

   (a)  at the time that the order was made, the person had been convicted or
        found guilty of at least 2 offences against section 62, 64, 67(2) or
        85; and

   (b)  after the order was made, the person successfully appealed against the
        person's conviction for or finding of guilt of one or more offences
        under section 62, 64, 67(2) or 85 so that the person is no longer
        convicted or found guilty of at least 2 such offences.

(7) A person to whom an order under this section applies must not enter an
event venue or an event area in contravention of that order.

Penalty: 60 penalty units.