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Commonwealth Games Arrangements (Further
Amendment) Bill
Victorian Legislation and Parliamentary Documents
Circulation Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 provides the main purpose of the Bill is to amend the
Commonwealth Games Arrangements Act 2001 in order to
provide for authorisations for broadcasting, making recordings
and advertising in relation to the Commonwealth Games, to
provide for various offences and enforcement matters relating to
broadcasting, making recordings, advertising and the obstruction
or hindering of Commonwealth Games events and to make other
miscellaneous amendments to that Act.
Clause 2 provides for the commencement of the Bill on the day after it
receives Royal Assent.
provides that the Commonwealth Games Arrangements Act
Clause 3
2001 is known as the Principal Act for the purposes of this Bill.
Clause 4 inserts new definitions in section 3(1) of the Principal Act.
The new definitions include "aerial advertising authorisation",
"broadcasting authorisation", "broadcasting equipment",
"Commonwealth Games event", "Queen's Baton Relay" and
"test event".
Clause 5 inserts new section 3B to the Principal Act.
Section 3B permits the Minister for the Commonwealth Games,
by way of a notice published in the Government Gazette, to
declare an event conducted before the Commonwealth Games to
be a test event for the purposes of the Act.
Clause 6 inserts new section 56K(5) to the Principal Act.
Section 56K(5) permits a person to use a Commonwealth Games
reference as defined in paragraph (a)(xvii) of the definition of
"Commonwealth Games reference" (being 'gold', 'silver' or
'bronze') without the authorisation of the Melbourne 2006
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Commonwealth Games Corporation if the use of the reference
does not suggest a sponsorship-like arrangement with the
Commonwealth Games.
Victorian Legislation and Parliamentary Documents
Clause 7 inserts new Divisions 2A and 2B of Part 5A of the Principal Act.
Division 2A permits the Corporation to authorise broadcasting of
Commonwealth Games events.
Section 56KA enables the Corporation to authorise in writing that
a person may record moving images or to broadcast, telecast or
transmit any sound or image of a Commonwealth Games event
for profit or gain if this does not adversely affect the organisation
or conduct of the Commonwealth Games or the commercial
arrangements relating to the Commonwealth Games.
Section 56KB enables the Corporation to specify the manner and
form of applications for a broadcasting authorisation.
Section 56KC enables the Corporation to determine the terms and
conditions of a broadcasting authorisation.
Section 56KD enables the Corporation to determine when a
broadcasting authorisation is not required. Such a determination
must be published in the Government Gazette and must specify
which events it applies to, its duration and under what conditions
the activity is permitted.
Section 56KE makes it an offence to broadcast, telecast or
transmit any sound or image of a Commonwealth Games event
for profit or gain without a broadcasting authorisation or unless a
determination under section 56KD is in force.
Section 56KF makes it an offence to record sound or moving
images of a Commonwealth Games event for profit or gain
without a broadcasting authorisation or unless a determination
under section 56KD is in force.
Division 2B permits the Corporation to authorise aerial
advertising within sight of a Commonwealth Games venue or
event.
Section 56KG enables the Corporation to authorise in writing that
a person may display aerial advertising within sight of a
Commonwealth Games venue or event if this does not adversely
affect the organisation or conduct of the Commonwealth Games
or the commercial arrangements relating to the Commonwealth
Games.
Section 56KH enables the Corporation to specify the manner and
form of applications for an aerial advertising authorisation.
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Section 56KI enables the Corporation to determine the terms and
conditions of an aerial advertising authorisation.
Victorian Legislation and Parliamentary Documents
Section 56KJ makes it an offence to display an advertisement
within sight of a Commonwealth Games venue or event without
an aerial advertising authorisation during March 2006.
"Advertisement" and "aircraft" are defined for the purposes of
this section.
Clause 8 inserts new sections 56ZAB to 56ZAH in the Principal Act.
Section 56ZAB provides that a member of the police force who
believes a person is committing, has committed or is about to
commit an offence against section 56KE or 56KF may seize any
broadcasting equipment being used by the person if a request to
stop that activity has been made and that request has not been
complied with. A receipt must be issued for the seized
equipment. The power of the seizure is only for the period of
March 2006.
Section 56ZAC requires broadcasting equipment seized under
section 56ZAB to be given to the Office of Commonwealth
Games Coordination. The Office must retain the seized
broadcasting equipment until it is returned to the person from
whom it was seized within 28 days of seizure or as ordered by a
court or in accordance with the Principal Act as amended by this
Bill.
Section 56ZAD requires the Chief Commissioner of Police to
ensure that seized broadcasting equipment except for film,
digitally recorded images or sound recordings, is returned within
28 days of seizure.
Section 56ZAE enables a person from whom broadcasting
equipment has been seized to apply to the Magistrates' Court for
the return of the equipment, unless proceedings for an offence
under section 56KE or 56KF have commenced.
Section 56ZAF enables the person from whom broadcasting
equipment was seized to recover the equipment or to receive
compensation, if the equipment is not returned in accordance
with section 56ZAD or otherwise and proceedings are not
instituted for an offence against section 56KE or 56KF or if the
defendant is found not guilty.
Section 56ZAG enables the Corporation to retain seized film,
digitally recorded images or sound recordings for up to 6 months
after the date of seizure but the seized film, digitally recorded
images or sound recordings must be returned to the person from
whom it was seized or its lawful owner by 30 September 2006
unless legal proceedings are on-going.
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Section 56ZAH enables a court to order that if a person is found
guilty of an offence against section 56KE or 56KF any
broadcasting equipment used in the commission of an offence
Victorian Legislation and Parliamentary Documents
may be forfeited to the Crown and that the Minister may dispose
of the equipment as the Minister sees fit.
Clause 9 inserts a new section Part 5B in the Principal Act.
Section 56ZC makes it an offence for a person to intentionally or
recklessly obstruct or hinder the conduct of a Commonwealth
Games event.
Section 56ZD makes it an offence to intentionally or recklessly
obstruct or hinder participants, officials, volunteers or contractors
involved with the conduct or management of a Commonwealth
Games event.
Clause 10 amends section 58(1A) of the Principal Act to include Part 5B in
the Parts of the Act that expire on 31 December 2006.
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