18—Restriction on public sports and entertainment before 12 noon on
ANZAC Day
(1) Despite any other
Act or law, the holding of a public sporting or entertainment event between
the hours of 5.00 a.m. and 12 noon on ANZAC Day in any year is unlawful unless
authorised in writing by the Premier.
(2) If a
public sporting or entertainment event is held unlawfully, the organiser of
the event is guilty of an offence.
Maximum penalty: $1 250.
Expiation fee: $160.
(3) The Premier may
grant an authorisation under subsection (1) if satisfied that, in all the
circumstances of the case, it is in the public interest to do so.
(4) However, before
granting an authorisation under subsection (1), the Premier must—
(a)
cause a copy of the application and supporting affidavit to be given to the
RSL; and
(b) have
regard to any comments made by the RSL in relation to the application received
on or before the date specified by the Premier for receipt of such comments.
(5) An applicant for
an authorisation under subsection (1) must—
(a)
provide the Premier with specified information to enable the Premier to
determine the application; and
(b)
verify, by statutory declaration, information furnished for the purposes of
the application.
(6) An authorisation
under subsection (1) may be made subject to such conditions as the
Premier thinks fit and specifies in the instrument of authorisation.
(7) A person who
contravenes, or fails to comply with, a condition of an authorisation under
this section is guilty of an offence.
Maximum penalty: $1 250.
Expiation fee: $160.
(8) If a body
corporate is guilty of an offence against this section, each member of the
governing body and the manager of the body corporate are guilty of an offence
and liable to the same penalty as may be imposed for the principal offence,
unless it is proved that the person could not, by the exercise of reasonable
care, have prevented the commission of the offence by the body corporate.
(9) In this
section—
"public sporting or entertainment event" means a sporting or entertainment
event or activity to which tickets for admission (or similar devices)—
(a) are
made available for purchase by a member of the public prior to the holding of
the event or activity; and
(b) are
required for entry to the event or activity.