MAJOR SPORTING EVENTS ACT 2009 (NO. 30 OF 2009) - SECT 3 Definitions

MAJOR SPORTING EVENTS ACT 2009 (NO. 30 OF 2009) - SECT 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;

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;

(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;

(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;

"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

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;

(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;

s. 3

(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;

(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;

(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;

(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;

(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;

s. 3

(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;

(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—

s. 3

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

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

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;

(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.

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MAJOR SPORTING EVENTS ACT 2009 (NO. 30 OF 2009) - SECT 3 Definitions