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Commonwealth Games Arrangements
(Miscellaneous Amendments) Bill
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the main purpose of the Act.
Clause 2 provides for the commencement of the Act on the day after the
day on which it receives the Royal Assent.
Clause 3 provides that the Commonwealth Games Arrangements Act
2001 is called the Principal Act.
PART 2--DEVELOPMENT AND MANAGEMENT POWERS
Clause 4 inserts a definition of "advertising on boats authorisation",
"authorised officer", "distress signal", "Games management
area", "Games period", "laser pointer", "prohibited item",
"restricted access area", "ticketed venue" and "vehicle" into
section 3(1) of the Principal Act.
Replaces the existing definition of "Secretary" in section 3(1) of
the Principal Act with the new definition of "Secretary".
Inserts new section 3(3) into the Principal Act.
New section 3(3) allows for the reference in the definition of
"Secretary" to the Department for Victorian Communities to be
treated as a reference to the Department by its new name if it is
changed under the Public Administration Act 2004.
Clause 5 inserts new section 3B(2) into the Principal Act.
New section 3B(2) allows for an Order made under sub-
section (1) declaring test events to specify that particular
provisions of the Act or regulations apply to test events.
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551271 BILL LA INTRODUCTION 20/4/2005
Clause 6 inserts new sections 3C and 3D into the Principal Act.
New section 3C allows the Minister to declare a specified period
to be a Games period for the purposes of the Act. Any such
period must include March 2006 or part of March 2006.
New section 3D allows the Minister to declare any item to be a
prohibited item for the purposes of the Act. The Minister must
consult with the Minister administering the Control of Weapons
Act 1990 and the Minister administering the Fair Trading Act
1999 before making such a declaration.
Clause 7 makes various amendments to Part 3 of the Principal Act. It also
inserts a note at the foot of section 14(1) and section 16(2) noting
that the definition of "land" in the Interpretation of Legislation
Act 1984 includes land covered by water.
Clause 8 inserts new section 28AA into the Principal Act.
New section 28AA requires the Secretary to delegate prescribed
powers or functions to the Corporation.
Clause 9 inserts new Part 3A containing new sections 28C to 28H into the
Principal Act.
New section 28C provides that nothing in Part 3A limits the
effect or operation of any other exemptions applying to a Games
management area under the Act or any law.
New section 28D applies during a Games period or any period
other than a Games period for which an order under section 28E
is in force. It prevents a Council from making, and renders
inoperative, local laws for or with respect to a Games
management area, the carrying out of works for the purposes of
the development or use of a Games management area, restricting
the emanation of noise or light from a Games management area,
restricting the use of any road for access to egress from a Games
management area, or requiring the retention of trees or vegetation
or earthworks in relation to the development and use of a Games
management area.
New section 28E provides that the Governor in Council may by
order declare that section 28D or any provision of section 28D
applies during a period other than a Games period. Such an order
may specify specific local laws or classes of local laws in respect
of which section 28D, or a specific provision of section 28D,
applies.
New section 28F provides that nothing in the Health Act 1958 or
Local Government Act 1989 applies in respect of noise or light
emanating from a Games management area.
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New section 28G allows land in a Games management area to be
entered and used for any purpose set out in sub-section (1)
despite anything to the contrary in the Land Act 1958, any
Crown grant, the Crown Land (Reserves) Act 1978, or any
reservations or regulations made under those Acts. The Secretary
or the Corporation may carry out any functions or powers under
this Act despite anything to the contrary in the National Parks
Act 1975, the State Sport Centres Act 1994, the Melbourne
and Olympic Parks Act 1985, the Melbourne Cricket Ground
Act 1933, the Albert Park Land Act 1972, the Environment
Effects Act 1978 or any regulations made under any of those
Acts.
New section 28H provides that the Major Events (Crowd
Management) Act 2003 does not apply to a Commonwealth
Games event or to a Games management area.
PART 3--MANAGEMENT OF GAMES MANAGEMENT
AREAS
Clause 10 makes consequential amendments to the heading to Part 5 of the
Principal Act and amends section 49(d) and section 50(1) of the
Principal Act which relate to restricted access areas.
Clause 11 inserts new sections 50A and 50B into the Principal Act.
New section 50A allows the Secretary to declare classes of
persons authorised to be in restricted access areas other than
during a Games period.
New section 50B allows the Corporation to authorise persons to
be in restricted access areas during a Games period.
Clause 12 inserts new sections 51A and 51B into the Principal Act.
New section 51A allows the Secretary, a member of the police
force or an authorised officer to warn unauthorised persons to
leave a restricted access area for the purposes of safety and
security.
New section 51B allows an authorised officer or a member of the
police force to direct unauthorised persons not to enter a
restricted access area.
Clause 13 makes consequential amendments to section 52(1)(a),
section 54(2) and section 55 of the Principal Act as a result of the
changes made by clauses 11 and 12.
Sub-clause (4) inserts a new section 55(2) into the Principal Act.
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New section 55(2) requires a member of the police force or an
authorised officer to prove their identity and status before
exercising a power under sub-section (1), inform the person of
their powers under sub-section (1), and make all reasonable
attempts to ensure that the person understands the requirement
under sub-section (1).
Clause 14 inserts a new section 56(1A) into the Principal Act which allows
a member of the police force to remove a person from a Games
management area if the person is not authorised to be in a
restricted access area and has not complied with a warning or
direction to leave the restricted access area.
Clause 15 inserts a new Part 5AA containing new sections 56AA to 56AF
into the Principal Act.
New section 56AA specifies that nothing in this Part prevents a
person driving a vehicle on, being a passenger in a vehicle being
driven on, attending, or patronising a business permanently
located on, a Games management area outside a Games period.
New section 56AB specifies that the Secretary is responsible for
the management and control of Games management areas during
a Games period, and the Corporation is responsible for
controlling access to a Games management area by participants,
officials, volunteers, spectators and other persons during a Games
period.
New section 56AC specifies that during a Games period, the
powers of any committee of management, land manager, or a
person who has a pre-existing right to carry on a business in a
premises in respect of a Games management area must not be
exercised except with the consent of the Secretary or in
accordance with any agreement or arrangement entered into
with the Secretary or the Corporation. A person who has a
pre-existing right to carry on a business in a premises in a Games
management area may, during a Games period, carry on that
business to the extent that the Secretary or Corporation, in
consultation with the committee of management or other land
manager, approves.
New section 56AD requires a Games management area which is
a Commonwealth Games venue to be restored by the Secretary to
a reasonable condition as soon as practicable after the end of a
Games period, and provides for a dispute resolution process.
New section 56AE requires a Games management area which is a
designated access area to be restored by the Secretary to a
reasonable condition as soon as practicable after the end of a
Games period.
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New section 56AF empowers a member of the police force to
move or cause to be moved a vehicle which is hindering or
obstructing a Games management area, is not authorised to be in
that area, or is causing a danger or traffic congestion in that area.
PART 4--MANAGEMENT OF EVENTS AND CROWD
CONTROL
Clause 16 makes a consequential amendment to the heading to Part 4 of the
Principal Act.
Clause 17 inserts new sections 45(1A) and 45(3) into the Principal Act and
makes a consequential amendment to section 45(2) of the
Principal Act.
New section 45(1A) allows the Minister to temporarily close a
road or part of a road for the purposes of conducting a
Commonwealth Games event, or any purpose associated with or
ancillary to the conduct of that event.
New section 45(3) provides a definition of "traffic" for the
purposes of section 45 of the Principal Act.
Clause 18 inserts a new section 45A into the Principal Act.
New section 45A provides that both the Secretary and the
Corporation is each deemed to be a person to whom a permit
under section 99B of the Road Safety Act 1986 has been issued
for the purposes of conducting a non-road activity within the
meaning of that Act.
Clause 19 inserts a new Division 2C of Part 5A containing new
sections 56KJA to 56KJD into the Principal Act.
New section 56KJA provides that the Corporation may authorise
advertising on boats within one kilometre of a Games
management area or a Commonwealth Games event during
March 2006.
New section 56KJB specifies that an application for an
advertising on boats authorisation must be made in the manner
and form determined by the Corporation.
New section 56KJC specifies what an advertising on boats
authorisation can contain.
New section 56KJD specifies that is an offence to display
advertising on boats within one kilometre of a Games
management area or a Commonwealth Games event during
March 2006 without authorisation.
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Clause 20 makes consequential amendments to the heading to Part 5B of
the Principal Act and inserts a new Division heading before
section 56ZC in the Principal Act.
Clause 21 amends section 56ZC of the Principal Act to include intentionally
or recklessly disrupting the conduct of a Commonwealth Games
event within the existing offence of obstructing or hindering.
Clause 22 inserts new section 562E and new Divisions 2 to 6 of Part 5B
containing new sections 56ZF to 56ZZK into the Principal Act.
New section 56ZE prohibits a person from entering a playing
field, track, pool or arena in a Commonwealth Games venue
unless the person is a participant in, or engaged in the control or
management of, a Commonwealth Games event, or is otherwise
authorised to enter the playing field, track, arena or pool.
New Division 2 provides for crowd control in Games
management areas.
New section 56ZF prohibits unauthorised advertising in a Games
management area during a Games period or a test event.
New section 56ZG creates an offence for damaging or defacing
any building, fence, barrier, barricade, seat, chair, table, structure,
vehicle, craft, truck, pipe, tap, tap fitting, conduit, electrical
equipment, wiring or sign in a Games management area during a
Games period or a test event.
New section 56ZH creates an offence for unauthorised erection
of structures or displaying signs or banners in a Games
management area during a Games period or a test event, and
provides that an authorised officer may dismantle or remove such
structures signs or banners.
New section 56ZI provides that is an offence to block stairs, exits
or entries in a Games management area during a Games period or
a test event without reasonable excuse.
New section 56ZJ prohibits a person from climbing on any fence,
barrier or barricade in a Games management area during a Games
period or a test event without reasonable excuse, except with the
authorisation of the Secretary or otherwise in accordance with the
Principal Act.
New section 56ZK creates an offence for throwing or kicking
stones, bottles or other projectiles in a Games management area
during a Games period or a test event. It is not an offence to
throw or kick a projectile if a person is a participant in, an official
at, or a volunteer engaged in the management of, a
Commonwealth Games event.
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New section 56ZL creates an offence for unauthorised use of a
loud hailer, public address system or other broadcast device in a
Games management area during a Games period or a test event.
New section 56ZM provides that is an offence to conduct surveys
or solicit money without authorisation in a Games management
area during a Games period or a test event.
New section 56ZN prohibits the unauthorised hawking or sale of
goods and services in a Games management area during a Games
period or a test event.
New section 56ZO prohibits the bringing into a Games
management area of goods for sale or distribution during a
Games period or a test event.
New section 56ZP prohibits the unauthorised sale, offering or
making available for sale, or giving away of any ticket to the
Commonwealth Games in a Games management area during a
Games period or a test event.
New section 56ZQ prohibits unauthorised busking in a Games
management area during a Games period or a test event.
New section 56ZR prohibits unauthorised possession of alcohol
in a Games management area during a Games period or a test
event.
New section 56ZS prohibits unauthorised entry of vehicles into a
Games management area during a Games period or a test event.
New section 56ZT prohibits unauthorised parking or leaving of
vehicles in a Games management area during a Games period or
a test event.
New section 56ZU prohibits unauthorised possession of
prohibited item in a Games management area during a Games
period or a test event.
New section 56ZV empowers an authorised officer or member of
the police force to request the surrender of a prohibited item or to
confiscate that item if a person intends to bring or has brought the
prohibited item into a Games management area.
New section 56ZW provides that the Secretary is responsible for
the storage of prohibited items surrendered or confiscated under
section 56ZV.
New section 56ZX allows an authorised officer or a member of
the police force to request a person in a Games management area
to surrender any item used in contravention of section 56ZM,
56ZN, 56ZO or 56ZP to confiscate that item.
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New section 56ZY provides that the Secretary is responsible for
the storage, return and destruction of items surrendered or
confiscated under section 56ZX.
New section 56ZZ allows the Secretary to fix reasonable storage
fees for the purposes of sections 56ZW and 56ZY.
New section 56ZZA allows an authorised officer or a member of
the police force to direct a person to leave or not to enter a
Games management area in specified circumstances.
New section 56ZZB allows a member of the police force to apply
to the Magistrates' Court for an order prohibiting a person who
has previously been directed to leave or not enter a Games
management area under section 56ZZA and who the member of
the police force suspects is likely to disrupt a Commonwealth
Games event from entering any Games management area during
a Games period or test event period.
New Division 3 regulates advertising.
New section 56ZZC prohibits unauthorised advertising on
buildings or structures within one kilometre of a Games
management area.
New Division 4 provides for the authorisation of certain activities by the
Secretary.
New section 56ZZD allows the Secretary to authorise persons to
carry out certain activities which would otherwise be an offence.
New section 56ZZE allows the Secretary to revoke an
authorisation issued under section 56ZZD.
New section 56ZZF allows the Secretary to authorise a class of
persons to carry out an activity which would otherwise be an
offence by declaration published in the Government Gazette.
New Division 5 provides for the authorisation of certain activities by the
Corporation.
New section 56ZZG allows the Corporation to authorise the
carrying out of certain activities which would otherwise be an
offence.
New section 56ZZH specifies that an application for
authorisation under this Division must be made in the manner
and form determined by the Corporation.
New section 56ZZI specifies what an authorisation under this
Division can contain.
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New Division 6 concerns authorisations under Divisions 4 and 5.
New section 56ZZJ creates an offence for failing to comply with
the terms and conditions of the relevant authorisation.
New section 56ZZK allows an authorised officer or a member of
the police force to direct the production of authorisation or
evidence of authorisation.
PART 5--AUTHORISED OFFICERS AND OTHER
ENFORCEMENT MATTERS
Clause 23 inserts new Divisions 1 to 4 of Part 6 containing new
sections 57AA to 57AL into the Principal Act.
New Division 1 concerns authorised officers.
New section 57AA allows the Secretary to appoint authorised
officers.
New section 57AB requires the Secretary to issue authorised
officers with an identity card which must be produced during the
exercise of the functions of an authorised officer.
New section 57AC creates an offence of obstructing or hindering
an authorised officer.
New section 57AD creates an offence to impersonate an
authorised officer.
New section 57AE requires the Secretary to ensure that a system
is in place to monitor the exercise of powers, duties and functions
of authorised officers.
New section 57AF allows the Secretary to delegate any of the
powers conferred on the Secretary under this Part.
New Division 2 specifies the powers of authorised officers.
New section 57AG allows an authorised officer to require a
person to give their name and address.
New section 57AH provides that it is an offence for a person to
refuse to give their name and address or to provide a false or
misleading name and address.
New section 57AI provides authorised officers or members of the
police force with powers of inspection in relation to ticketed
venues.
New Division 3 provides for miscellaneous enforcement matters.
New section 57AJ specifies that Schedule 5 has effect with
respect to infringement notices.
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New section 57AK allows a member of the police force to use
reasonable force to remove a person from a Games management
area where that person has been given a direction under section
56ZV(2), 56ZZA or 57AI and has not complied with that
direction.
New Division 4 contains miscellaneous provisions.
New section 57AL specifies no compensation is payable in
respect of any loss, damage or injury, other than the death of, or
personal or bodily injury to, a person, resulting from or arising
out of any act or omission done in good faith by any person in the
administration or purported administration of this Act or the
regulations in relation to the management and conduct of the
Commonwealth Games or any associated event, activity or
program.
Clause 24 inserts a new Schedule 5 into the Principal Act.
New Schedule 5 regulates infringement notices.
Clause 1 allows an authorised officer or a member of the police
force to serve infringement notices.
Clause 2 specifies the form of notice.
Clause 3 allows an authorised officer or a member of the police
force to withdraw an infringement notice.
Clause 4 specifies that the infringement penalty for an offence
against section 56ZG, 56ZK, 56ZL, 56ZM, 56ZN, 56ZO, 56ZP
or 56ZQ or the regulations is 2 penalty units.
Clause 5 sets out the procedure following payment of the penalty.
Clause 6 provides that serving an infringement notice does not
prejudice further proceedings.
Clause 7 allows for the payment of an infringement penalty to be
enforced in accordance with Part 2 of Schedule 7 of the
Magistrates' Court Act 1989.
PART 6--OTHER AMENDMENTS
Clause 25 amends section 57 of the Principal Act to provide additional
regulation making powers.
Clause 26 amends section 56ZB of the Principal Act to provide that matters
relating to offences committed by a corporation apply to the
whole Act, rather than just Part 5A.
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Clause 27 amends section 58(1A) and 58(2) of the Principal Act to allow
for the expiry of various provisions of the Principal Act and
various amending acts.
Clause 28 makes a statute law revision amendment to section 4H of the
Principal Act.
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