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Major Events (Aerial Advertising) Bill
2007
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purpose of the Bill.
Clause 2 provides for the commencement of the Bill on the day after the
day it receives the Royal Assent.
Clause 3 provides definitions of terms used in the Bill including "aerial
advertising", "event organiser", "specified event", "specified
time" and "specified venue". The definition of "aerial
advertising" includes forms of aerial advertising such as
skywriting and towing banners, but excludes the normal
markings or livery on an aircraft identifying the operator or
manufacturer of that aircraft. The definition of "specified event"
specifies major events to which the Bill applies, including the
Boxing Day cricket test, the Australian Open Tennis
Championships, the Australian Formula One Grand Prix, the
AFL Grand Final and the Melbourne Cup Carnival.
PART 2--EVENTS AND VENUES
Clause 4 provides for the making of event Orders. The clause enables the
Governor in Council, on the recommendation of the Minister, to
make an Order declaring an event to be a "specified event" under
the Bill. The Order must be published in the Government
Gazette. The clause specifies the matters of which the Minister
must be satisfied before making a recommendation to the
Governor in Council, and certain other matters the Minister must
consider, such as the size of the event and its projected economic
impact. The clause also outlines the things an event Order must
specify, including the date and venue of the event and the event
organiser.
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Clause 5 provides for the making of variation Orders. The clause enables
the Governor in Council, on the recommendation of the Minister,
to make an Order varying, for the purposes of the Bill, the
specified venue, specified time or event organiser (or any
combination thereof) for a specified event. The Order must be
published in the Government Gazette. The clause outlines the
things a variation Order must specify, including whether the
change is ongoing or temporary and the new venue, time or event
organiser for the event.
Clause 6 provides that an Order made under this Part comes into effect on
the date the Order is published in the Government Gazette or on
such later date as is specified in the Order.
Clause 7 requires the Minister to present an Order made under this Part to
each House of Parliament within 7 sitting days after publication
of the Order in the Government Gazette.
Clause 8 explains how land may be described in an Order under this Part,
including by reference to a plan of survey. If a specified venue is
on Crown land, the Minister must consult with the Minister
responsible for the Crown Land (Reserves) Act 1978 before
recommending the making of an event Order or a variation Order
in respect of that land.
Clause 9 enables the Governor in Council to amend or revoke any Order
made under this Part by an Order published in the Government
Gazette. The clause specifies that the requirements for amending
an Order are the same as for making one under this Part, and that
the requirements for revoking an Order are also the same except
for the criteria under clause 4(2). While the Minister must be
satisfied about, or must consider, these criteria in the making of
an event Order, they are not relevant to the revocation of such an
Order.
PART 3--CONTROL OF AERIAL ADVERTISING
Clause 10 creates an offence relating to unauthorised commercial aerial
advertising. The clause makes it an offence to display or cause
the display of commercial aerial advertising without an aerial
advertising authorisation during the specified time for a specified
event if--
· the advertising is within sight of the specified venue;
and
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· the content of the advertising can be seen without the
aid of optical apparatus (other than contact lenses or
spectacles).
The clause establishes maximum penalties for this offence of
400 penalty units for an individual and 2400 penalty units for a
body corporate.
The clause provides exemptions from this offence for certain
aircraft such as aircraft being used for emergency services
purposes. The clause further provides that an offence is not
committed if a person who would otherwise be committing an
offence is flying within sight of another specified event and has
an aerial advertising authorisation for that event.
Clause 11 requires an application for an aerial advertising authorisation to
be made in the manner and form determined by the Secretary.
Clause 12 establishes an authorisation process for commercial aerial
advertising. The clause enables the Secretary to authorise a
person to display commercial aerial advertising that is within
sight of a specified venue for a specified event and can be seen
without the aid of optical apparatus (other than contact lenses or
spectacles). The clause sets out the circumstances in which the
Secretary cannot give an authorisation, including if the
authorisation would adversely affect the organisation or conduct
of the event. The clause requires the Secretary to consult the
event organiser before giving an authorisation.
Clause 13 specifies that an aerial advertising authorisation must be in
writing and is subject to any terms and conditions imposed by the
Secretary.
Clause 14 requires the Secretary to notify the relevant event organiser if
the Secretary gives an aerial advertising authorisation. If the
Secretary delegates the authorisation power to an event organiser
under clause 15, the event organiser must notify the Secretary of
any authorisation it gives.
Clause 15 enables the Secretary to delegate any of the Secretary's powers
under this Part, other than this power of delegation, to a public
service executive employed under Part 3 of the Public
Administration Act 2004 or to a body corporate established
under an Act for a public purpose.
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PART 4--REMEDIES
Clause 16 enables the State or event organisers to seek injunctive relief.
The clause specifies that the Minister, the Secretary or an event
organiser may apply to the Supreme Court, the County Court or
the Magistrates' Court for an injunction restraining a person from
engaging in conduct that contravenes clause 10 or related conduct
such as aiding or abetting a person to contravene clause 10.
The clause specifies the circumstances in which the court may
grant an injunction, including if the court is satisfied that the
person is engaging or has engaged in that kind of conduct
(whether or not it appears the person intends to repeat or continue
that conduct). The clause also provides that the court may grant
an interim injunction.
Clause 17 provides that a court may rescind or vary an injunction granted
by it under clause 16.
Clause 18 enables a person to bring an action for damages. The clause
allows a person who suffers loss, injury or damage due to a
contravention of clause 10 to instigate proceedings, and specifies
the parties against whom the proceedings may be brought.
Without limiting the powers of the court, an order made by the
court may include recovery of future losses as a result of the
potential loss of sponsorship. An order may be made whether or
not an injunction is granted under clause 16.
PART 5--ENFORCEMENT
Division 1--Authorised officers
Clause 19 enables the Secretary to appoint authorised officers and specifies
the categories of persons who are eligible for appointment.
The clause provides that appointments must be in writing and
must specify terms and conditions, and may also specify
particular specified events or venues in which the officer's
powers may be exercised.
Clause 20 provides that the Secretary may require authorised officers to
undertake training before exercising their powers.
Clause 21 requires the Secretary to issue an identity card to each authorised
officer that includes a photograph and the full name of the
officer. The clause specifies when authorised officers must
produce their identity cards and the effect on the exercise of their
powers if they fail to do so. An identity card is evidence of the
authorised officer's appointment in any proceedings under the
Bill.
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Clause 22 enables the Secretary to delegate in writing any powers conferred
on the Secretary under this Division, other than the power of
delegation, to a public service executive employed under the
Public Administration Act 2004 or to a body corporate
established under an Act for a public purpose.
Division 2--Inspection powers
Clause 23 enables an authorised officer to apply to a magistrate for a search
warrant. The clause provides for the bases upon which a
magistrate may issue a search warrant and what the warrant may
permit the authorised officer, or any other person identified in the
warrant, to do. This includes entering specified premises, seizing
things of a kind described in the warrant and requiring documents
to be produced for inspection. The clause also specifies the
matters to be stated in the warrant including the suspected
offence and any conditions attaching to the warrant. The search
warrant must be in the form prescribed under the Magistrates'
Court Act 1989 and is subject to the rules applying to warrants
under that Act (subject to any contrary provision in the Bill).
Clause 24 requires authorised officers executing search warrants to
announce themselves before entry and to give any person present
the opportunity to allow the entry. The clause sets out the
circumstances in which authorised officers are exempted from
these requirements, including to prevent the execution of the
warrant being frustrated.
Clause 25 requires an authorised officer to produce his or her identity card
for inspection and to give a copy of the search warrant to the
occupier, or the occupier's representative, if that person is present
at the premises.
Clause 26 describes when an authorised officer may seize things not of a
kind described in the search warrant.
Clause 27 specifies that an authorised officer cannot seize a thing in a
person's possession without giving the person a receipt or stating
his or her name. The clause specifies what must be done with the
receipt if the authorised officer cannot discover the identity of the
thing's owner or the person who had custody of it.
Clause 28 requires an authorised officer to give a copy of a seized document
or storage device to the owner or the person from whom it was
seized, unless the thing in question must be moved to another
place under clause 29(2) or unless the authorised officer cannot
discover the identity of that owner or that person.
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Clause 29 allows an authorised officer to bring equipment to examine or
process things found at any premises and enables the things to
be moved to another place in certain circumstances. The clause
also enables an authorised officer to operate equipment at the
premises as long as the examination or processing being
undertaken will not damage that equipment.
Clause 30 allows an authorised officer to operate, or require the occupier
or the occupier's employee to operate, equipment to access
information stored on a disk, tape or other storage device.
The clause enables the authorised officer to copy or seize the
information if it is relevant to determining whether the Bill has
been contravened, and if the authorised officer reasonably
believes that the equipment will not be damaged.
Clause 31 sets out requirements for the return of seized things, and specifies
that if a seized thing has not been returned within 3 months after
it was seized, the authorised officer must take reasonable steps to
return it (unless proceedings have commenced within that period
and have not been completed).
Clause 32 enables the period for the return of seized things to be extended.
The clause specifies when the authorised officer may apply to the
Magistrates' Court for an extension and on what basis the
Magistrates' Court may grant an extension. The Court may
adjourn an application to enable any person to be given notice of
the application.
Clause 33 sets out the circumstances in which an authorised officer may
require a person to provide information, produce documents or
give reasonable assistance. The clause makes it an offence for a
person to refuse or fail to comply, and establishes a maximum
penalty of 60 penalty units for this offence.
Clause 34 makes it an offence for a person to give false or misleading
information and establishes a maximum penalty of 60 penalty
units for this offence. The clause also makes it an offence to
produce a document that is false or misleading without indicating
where the document is false or misleading and, if practicable,
providing correct information. The maximum penalty for this
offence is 60 penalty units.
Clause 35 provides for protection against self-incrimination. The clause
specifies that it is a reasonable excuse for a natural person to
refuse or fail to give information or do any other thing required
under this Part if this would incriminate the person. However,
the clause specifies that this protection in relation to self-
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incrimination does not extend to refusing or failing to produce a
document.
Clause 36 makes it an offence, without reasonable excuse, to hinder
an authorised officer exercising a power under this Part.
The maximum penalty for this offence is 60 penalty units.
Clause 37 makes it an offence to hold oneself out to be an authorised
officer. The maximum penalty for this offence is 60 penalty
units.
Clause 38 requires an authorised officer to report the exercise of an entry
power within 7 days after the entry. The clause specifies what
the report must include, such as the time and place of entry and
the purpose.
Clause 39 requires the Secretary to keep a register of all matters reported
under clause 38.
Clause 40 enables complaints to be made to the Secretary about the exercise
of powers by authorised officers, and requires the Secretary to
investigate any complaint and provide a written report to the
complainant.
Clause 41 makes it an offence for any person to disclose any information
obtained while exercising a power conferred by this Part, and
establishes a maximum penalty for this offence of 60 penalty
units. The clause specifies, however, certain circumstances in
which such a disclosure is permitted, including if made in
performing a duty under the Bill or in legal proceedings directed
by a court.
PART 6--GENERAL
Clause 42 describes how a document or notice may be served under the Bill
to a natural person or a corporation, and specifies that a
document may be served on a firm by being left at, or posted to,
the firm's principal place of business.
Clause 43 enables the Secretary or a person authorised by the Secretary to
bring proceedings for an offence against the Bill. The clause
specifies that in proceedings it must be assumed the person
bringing the proceedings was authorised to do so.
Clause 44 describes the liability of officers of a body corporate when they
knowingly permit a contravention of the Bill by the body
corporate, but specifies that this does not affect the liability of a
body corporate for an offence against the Bill.
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Clause 46 deals with actions by firms. The clause specifies that where a
firm is guilty of an offence under the Bill, the firm means each
member of the partnership or committee of management
(depending on whether the firm is a partnership or another
unincorporated body).
Clause 47 enables the Governor in Council to make regulations for any
matter or thing required or permitted under the Bill, and specifies
matters relating to the application of any regulations.
PART 7--AMENDMENTS TO OTHER ACTS
Clause 48 amends the Magistrates' Court Act 1989 to enable the
indictable offence in clause 10 of the Bill to be tried summarily
in the Magistrates' Court.
Clause 49 amends the World Swimming Championships Act 2004 to
provide that this Bill does not apply to aerial advertising that is
covered by that Act.
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