WORLD SWIMMING CHAMPIONSHIPS ACT 2004

Victorian Consolidated Legislation

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WORLD SWIMMING CHAMPIONSHIPS ACT 2004

No. 95 of 2004
Version incorporating amendments 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

PART 2-2007 WORLD SWIMMING CHAMPIONSHIPS CORPORATION

6. Objective of Part
7. 2007 World Swimming Championships Corporation established
8. Corporation does not represent Crown
9. Functions of Corporation
10. Powers of Corporation
11. Delegation
12. Borrowing and investment powers
13. Appointment of Board
14. Membership and procedure of Board
15. Responsibilities of Board
16. Board to provide information to Minister
17. Directions to Board
18. Duties of members of the Board
19. Corporation or Minister may bring proceedings
20. Corporation not to make loans to members
21. Indemnity
22. Immunity
23. Committees
24. Chief executive officer
25. Other staff

PART 3-2007 WORLD SWIMMING CHAMPIONSHIPS ADVISORY COMMITTEES

26. 2007 World Swimming Championships Advisory Committees
27. Membership and procedure of Advisory Committees
28. Functions of Advisory Committees
29. Public consultation
30. Report to Minister

PART 4-MINISTERIAL ORDERS

31. Minister may declare name or title of the Championships, event or activity
32. Declaration of Championships venue
33. Designated access areas
34. Orders in respect of reserved land
35. Orders may refer to plan of survey or lodged plans
36. Declaration of event period
37. Declaration of access period
38. Consultation with Corporation
39. Amendment and revocation of orders
40. When does order come into effect?
41. Orders to be tabled in Parliament

PART 4A-THE SECRETARY

41A. Powers and functions
41B. Contracts and agreements
41C. Secretary is subject to Ministerial control
41D. Department Head's powers are not affected
41E. Delegation by Secretary

PART 5-APPLICATION OF OTHER LAWS

42. Planning and Environment Act 1987.
43. Heritage Act 1995.
44. Environment Effects Act 1978.
45. Coastal Management Act 1995.
46. Crown Land (Reserves) Act 1978.
47. Conservation, Forests and Lands Act 1987.
48. Repealed
49. Albert Park Land Act 1972.
50. Building Act 1993.
50A. Limitation on powers to make local laws
50B. Noise and light
50C. Major Sporting Events Act 2009 does not apply
50D. Australian Grands Prix Act 1994.

PART 5A-WORKS AT, AND MANAGEMENT OF, CHAMPIONSHIPS VENUES AND DESIGNATED ACCESS AREAS

Division 1-Roads

50E. Temporary closure of roads
50F. Deemed permit under section 99B of Road Safety Act 1986.

Division 2-Restricted access areas

50G. Restricted access areas
50H. Authorisation by Corporation to be in restricted access areas during event period
50I. Declaration of persons authorised to be in restricted access areas other than during event period
50J. Offence to enter any part of restricted access area
50K. Warning people to leave restricted access area
50L. Direction not to enter restricted access area
50M. Interference with activities
50N. Offence not to produce authorisation on demand
50O. Power to remove offenders

Division 3-Management during Championships

50P. Application of Division
50Q. Secretary to manage Championships venues and designated access areas during event period
50R. Committees of management, land managers and other persons
50S. Championships venues and designated access areas to be restored to reasonable condition
50T. Vehicles and vessels in Championships venue or designated access area
50U. Parking or leaving vehicles or mooring or anchoring vessels in Championships venue or designated access area
50V. Removal of vehicles or vessels obstructing Championships venue or designated access area

PART 6-COMMERCIAL ARRANGEMENTS

Division 1-Application of Part

51. Part does not derogate from other rights
52. Part does not affect rights relating to use of business or company names
53. Part does not affect rights in respect of passing off

Division 2-Authorising use of logos, images and references

54. Corporation may authorise use of WSC logos or images or WSC references
55. What can an authorisation contain?
56. Register of authorisations
57. Use of WSC references which do not need authorisation
58. Offence to engage in conduct that suggests sponsorship, approval or affiliation
59. Offence to use WSC logos or images or WSC references without authorisation

Division 3-Authorising broadcasting of Championships

60. Corporation may authorise broadcasting
61. Application for broadcasting authorisation
62. What can a broadcasting authorisation contain?
63. Offence to broadcast without broadcasting authorisation
64. Offence to make recording without broadcasting authorisation

Division 4-Aerial advertising and advertising on boats

65. Corporation may authorise aerial advertising
66. Corporation may authorise advertising on boats
67. Application for advertising authorisation under this Division
68. What can an advertising authorisation under this Division contain?
69. Offence to display certain advertising
69A. Major Sporting Events Act 2009 does not apply

Division 5-Advertising generally

70. Prohibition of unauthorised advertising

Division 6-Enforcement relating to WSC logos, images and references

71. Injunctions
72. Power to rescind or vary injunctions
73. Power of court to require corrective advertising
74. Actions for damages
75. Account of profits
76. No entitlement to both damages and account of profits

Division 7-Seizure and forfeiture

77. Seizure of goods and advertising material during goods seizure period
78. Seized goods or advertising material to be given to Office of Sport and Recreation Victoria
79. Voluntary forfeiture to Crown
80. Seizure of broadcasting equipment
81. Seized broadcasting equipment to be given to Office of Sport and Recreation Victoria
82. Return of broadcasting equipment within 28 days
83. Application to Magistrates' Court for return of broadcasting equipment
84. Power for Corporation to retain film etc. for up to 6 months
85. Recovery of things seized and compensation
86. Court may order forfeiture to the Crown

Division 8-Miscellaneous

87. Meaning of marked with logos or images or references
88. Offences by corporations and partnerships etc.

PART 6A-CHAMPIONSHIPS EVENTS AND CROWD MANAGEMENT

Division 1-Behaviour in venues and designated access areas

88A. Possession of prohibited items
88B. Possessing lit distress signal or fireworks
88C. Possessing unlit distress signal or fireworks
88D. Throwing lit distress signal or fireworks
88E. Powers of Secretary to prohibit items
88F. Alcohol in Championships venues or designated access areas
88G. Throwing or kicking projectiles
88H. Damaging or defacing
88I. Damaging trees and shrubs
88J. Blocking stairs, exits or entries
88K. Climbing on fence, barrier, barricade or other temporary
structure
88L. Climbing roof or parapet of building
88M. Obstructing view of seated person
88N. Entering pools or surrounding areas
88O. Obstructing, hindering or disrupting conduct of events
88P. Obstructing or hindering person involved in event
88Q. Use of loud hailer etc.
88R. Erecting structures
88S. Conducting surveys or soliciting money etc.
88T. Hawking or sale of goods or services
88U. Bringing in goods for sale or distribution
88V. Tickets
88W. Busking
88X. Prohibition of advertisements
88Y. Disruptive behaviour

Division 2-Surrender and confiscation of items

88Z. Surrender or confiscation of prohibited items
88ZA. Surrender or confiscation of other items
88ZB. Police may retain or otherwise deal with prohibited item for purpose of proceedings
88ZC. Storage of items surrendered or confiscated
88ZD. Storage fee
88ZE. Secretary may authorise certain activities
88ZF. Declaration of class of persons
88ZG. Corporation may authorise certain activities
88ZH. What can an authorisation contain?
88ZI. Offence to fail to comply with terms and conditions
88ZJ. Production of authorisation

PART 7-GENERAL

Division 1-General

89. Borrowing and Investment Powers Act 1987.

Division 2-Authorised officers

89A. Appointment of authorised officers
89B. Identification of authorised officers
89C. Offence to hinder or obstruct authorised officer
89D. Offence to impersonate authorised officer
89E. Delegation under this Division by Secretary

Division 3-Powers of authorised officers

89F. Power to require name and address
89G. Refusal to give name and address
89H. Inspection powers

Division 4-Miscellaneous enforcement matters

89I. Direction to leave venue or designated access area
89J. Refusal to leave venue or designated access area and re-entry
89K. Police may use reasonable force to remove person
89L. Repeat offenders
89M. Infringement notices, penalties and offences

Division 5-Other miscellaneous matters

89N. No compensation
90. Regulations
91. Expiry of Act
__________________
SCHEDULE 1-Membership and Procedure of Board
1. Terms of appointment of members of the Board
2. Chairperson of Board
3. Deputy Chairperson
4. Acting appointments
5. Resignation and removal of members of Board
6. Vacancies in membership of Board
7. Validity of decisions of Board
8. Presiding at meetings of Board
9. Quorum
10. Proceedings of Board
11. Resolutions without meetings
12. Disclosure of interests of members of the Board
13. Member of Board may act in interests of body
SCHEDULE 2-Membership and Procedure of Advisory Committees
1. Terms of appointment
2. Resignation and removal
3. Quorum
4. Procedure at meetings
5. Disclosure of interests
SCHEDULE 3-Corporation Abolished and Transfer of Assets and Liabilities
1. Definition
2. Abolition of Corporation
3. Members of Board go out of office
4. Abolition of committees
5. Transfer of assets and liabilities
6. Validity of things done under this Schedule
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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