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Major Events (Crowd Management) Bill
Circulation Print
EXPLANATORY MEMORANDUM
PART 1--PRELIMINARY
Clause 1 states that the purpose of the Act is to promote the safety and
enjoyment of participants and spectators at certain venues and
major events.
Clause 2 provides for the Act to come into operation on a day or days to be
proclaimed. Any provision not proclaimed before 1 July 2003
will come into operation on that day.
Clause 3 contains various definitions used in the Act.
PART 2--MANAGED VENUES AND MAJOR EVENTS
Clause 4 provides that the venues listed are managed venues for the
purposes of the Act.
Clause 5 Sub-clause (1) provides that the events listed are major events for
the purposes of the Act.
Sub-clause (2) provides that the Minister may declare an event to
be a major event by Order published in the Government Gazette,
if it is in the public interest to do so.
The Minister must consult with the Minister administering the
Crown Land (Reserves) Act 1978 where the relevant land is
reserved or deemed to be reserved under that Act before making
an Order under this clause for that land.
An Order under clause 5 must specify the area of land required
for the event, the venue manager of the land and the date or dates
on which the event will take place. The land referred to in the
Order is deemed to be a managed venue for the purposes of the
Act.
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551019 BILL LA CIRCULATION 21/3/2003
Clause 6 provides that the Minister may declare an area adjacent to a
managed venue to be a managed access area by Order published
in the Government Gazette.
The Minister must consult with the Minister administering the
Crown Land (Reserves) Act 1978 where the relevant land is
reserved or deemed to be reserved under that Act before making
an Order for that land under this clause.
An Order under this clause must specify the area of land required
for the event and the date or dates on which the land is to be a
managed access area.
Clause 7 provides that the Minister must cause an Order made under this
Part to be laid before each House of Parliament within 7 sitting
days after the Order's publication in the Government Gazette.
Clause 8 enables the Minister to amend or revoke an Order made under
this Part by publishing in the Government Gazette an Order that
amends or revokes the first mentioned order.
PART 3--CROWD MANAGEMENT
Clause 9 empowers an authorised officer to request a person who intends
to enter, or is in, a managed venue or managed access area--
(a) to produce and open for inspection a bag, basket or other
receptacle that is intended to be taken into or has been taken
into a managed venue or managed access area;
(b) to walk through screening equipment, to allow an officer to
pass hand-held screening equipment over or around the
person or the person's things, and to allow the person's
things to be passed through screening equipment or
examined by X-ray.
Sub-clause (2) provides that an authorised officer may direct a
person not to enter a managed venue or managed access area for
a period of 24 hours if the person does not comply with a request
under sub-clause (1).
Sub-clause (3) provides that an authorised officer may direct a
person to leave a managed venue or managed access area and not
re-enter for a period of 24 hours if the person does not comply
with a request under sub-clause (1).
Sub-clause (4) defines "screening equipment".
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Clause 10 Sub-clause (1) provides that persons must not have in their
possession in a managed venue or managed access area without
permission--
(a) animals, other than a guide dog;
(b) laser pointers;
(c) distress signals;
(d) dangerous goods;
(e) whistles or loud hailers;
(f) certain prohibited weapons or controlled weapons (cutlery
is permitted);
(g) bicycles, skateboards, roller skates, roller blades or
scooters.
Sub-clause (2) enables venue managers to prohibit items other
than those referred to in sub-clause (1).
Clause 11 provides that persons must not have any alcohol in their
possession in a managed venue or managed access area that has
not been purchased at the managed venue or managed access area
in accordance with the Liquor Control Reform Act 1998 unless
the venue manager has authorised the possession of such alcohol.
Clause 12 enables an authorised officer to request a person to surrender any
item that the person wants to bring, or has brought, into a
managed venue or managed access area in contravention of
clause 10 or 11.
If a person refuses to comply with the request to surrender any
item prohibited under clause 10 or 11, the authorised officer may
direct the person not to enter the managed venue or managed
access area for a period of 24 hours.
A person who refuses to comply with a request to surrender an
item under this clause may be directed by an authorised officer to
leave the managed venue or managed access area and not re-enter
for a period of 24 hours.
Clause 13 requires that an item that has been surrendered in compliance
with a request under clause 12(1) to be stored in a secure manner.
The item must be returned to its owner upon request when the
person leaves the managed venue or managed access area or
within 28 days of the item's surrender.
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Sub-clause (3) provides that despite anything to the contrary in
this clause--
(a) certain prohibited weapons or controlled weapons
(excluding cutlery) must be given to the police within
24 hours after their surrender;
(b) dangerous goods, laser pointers, distress signals and certain
other items that are not collected within 28 days after their
surrender must be destroyed;
(c) the venue manager may destroy or dispose of perishable
foodstuffs after the end of the day on which they are
surrendered;
(d) other surrendered items not collected within 28 days after
their surrender may be sold and the proceeds of their sale
may be retained by the venue manager.
Clause 14 Sub-clause (1) makes it an offence (10 penalty units) for a person
to enter a playing field, track or arena in a managed venue unless
the person--
(a) is participating in a cricket match, football match, game,
sport or event held with the permission of the venue
manager; or
(b) is engaged in the control or management of any cricket
match, football match, game, sport or event; or
(c) has been given permission by the venue manager to go onto
the playing field, track or arena.
Sub-clause (2) makes it an offence (60 penalty units) for a
person, while on a playing field, track or arena in a managed
venue, to disrupt, without reasonable excuse, a cricket match,
football match, game, sport or event unless the person--
(a) is participating in a cricket match, football match, game,
sport or event held with the permission of the venue
manager; or
(b) is engaged in the control or management of any cricket
match, football match, game, sport or event; or
(c) has been given permission by the venue manager to go onto
the playing field, track or arena.
Clause 15 enables an authorised officer to direct a person to leave a
managed venue or managed access area and not re-enter for a
period of 24 hours if the authorised officer believes that the
person is disrupting or interrupting any match, game, sport or
event or causing annoyance to spectators.
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Clause 16 Sub-clause (1) makes it an offence (20 penalty units) for a
person, contrary to a direction by an authorised officer under
clause 9 or 12, to enter or attempt to enter the managed venue or
managed access area for a period of 24 hours.
Sub-clause (2) makes it an offence (20 penalty units) for a
person, contrary to a direction by an authorised officer under
clause 9, 12 or 15, to fail to leave a managed venue or managed
access area.
Sub-clause (3) makes it an offence (20 penalty units) for a person
who has left a managed venue or managed access area after being
directed to do so by an authorised officer under clause 9, 12 or
15, to enter or re-enter, or attempt to enter or re-enter the venue
or area for a period of 24 hours.
Sub-clause (4) provides that a member of the police force may
use no more force than is reasonably necessary--
(a) to prevent a person from entering or attempting to enter a
managed venue or managed access area contrary to a
direction under clause 9 or 12;
(b) to remove a person from a managed venue or managed
access area after the person has refused to comply with a
direction to leave under clause 9, 12 or 15;
(c) to prevent a person from re-entering or attempting to
re-enter a managed venue or managed access area contrary
to a direction under clause 9, 12 or 15.
PART 4--PROCEEDINGS
Clause 17 applies to a person who has been convicted or found guilty on
2 or more occasions (within a 5 year period immediately before
the date on which an application under sub-section (2) is made)
of an offence under clause 14(2) or 16.
Sub-clause (2) provides that a member of the police force may
apply to the Magistrates' Court for an order prohibiting a person
from entering, for a certain period, a managed venue or managed
access area in respect of a specified major event or series of
major events. The application may only be made if the member
of the police force suspects on reasonable grounds that the person
is likely to disrupt the major event or series of major events.
Sub-clause (3) provides that the Magistrates' Court may make an
order prohibiting the person from entering any relevant managed
venue or managed access area during all or part of the event
period if it is satisfied, on the balance of probabilities, that the
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person is likely to disrupt the major event or series of major
events.
Sub-clause (4) provides that the Magistrates' Court order must
specify the managed venues and managed access areas, the major
event or series of major events and the event period in respect of
which the order is made.
The Magistrates' Court must, on the application of the person,
quash an order made under this clause if the person had been
convicted or found guilty of at least 2 offences under clause 14(2)
or 16 at the time the order was made, and has since then
successfully appealed against the conviction for, or finding of
guilt of, one or more offences so that the person is no longer
convicted or guilty of at least such 2 offences.
It is an offence for a person to enter a managed venue or
managed access area in contravention of an order under sub-
section (2).
Clause 18 provides that a member of the police force who believes that a
person has committed an offence under clause 14(1) may serve
an infringement notice on the person.
Clause 19 provides that an infringement notice must be in a prescribed
form, and state the penalty fixed for the offence. It must also state
that the matter will not be brought before the Magistrates' Court
if the penalty is paid before the end of the specified period for
payment of the penalty, unless the notice is withdrawn.
Clause 20 enables the member of the police force to withdraw an
infringement notice within 28 days after the notice is served.
An infringement notice may be withdrawn even if the penalty has
been paid. If an infringement notice is withdrawn, any penalty
paid must be refunded.
Clause 21 states that the infringement penalty is 2 penalty units for an
offence against clause 14(1).
Clause 22 provides that if, at any time before the service of a summons in
respect of an offence, the person pays the penalty shown on the
infringement notice within the time stipulated on the notice, or if
the authorised officer allows, further proceedings may not be
taken in respect of the offence and no conviction is recorded
against the person for the offence.
Sub-clause (2) provides that a penalty under this clause must be
applied as if the offender had been convicted of the offence in the
Magistrates' Court.
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Clause 23 provides that proceedings may be taken or continued if a person
served with an infringement notice has not paid the penalty
within the specified time or the notice is withdrawn.
Sub-clause (2) provides that the conviction imposed by the
Magistrates' Court is not to be taken to be a conviction in relation
to anything else other than the making of the conviction itself and
any subsequent proceedings.
Clause 24 provides that payment of the infringement penalty in specified
circumstances be enforced in accordance with Part 2 of
Schedule 7 of the Magistrates' Court Act 1989.
PART 5--GENERAL
Clause 25 provides that the Secretary may appoint a person to be an
authorised officer if the person holds a particular licence under
the Private Agents Act 1966 or is employed by a venue manager
at a venue and is at least 18 years old. The appointment must be
in writing and must specify the terms and conditions of the
appointment. The Secretary may require the authorised officer to
undertake special training before exercising any powers under the
Act.
Clause 26 provides that the Secretary must issue an identity card to each
authorised officer appointed under clause 25 that contains a
photograph of the officer, states the full name of the officer and
that the person is an authorised officer under this Act.
Sub-clause (2) requires authorised officers appointed under
clause 25 to produce their identity card if asked to do so at any
time during the exercise of a power under the Act.
Sub-clause (3) provides that if authorised officers appointed
under clause 25 do not produce their identity card on demand,
they are not authorised to exercise functions under the Act.
Sub-clause (4) provides that an identity card issued by the
Secretary under this clause is evidence of the appointment of an
authorised officer.
Clause 27 provides that the Secretary may delegate any power under this
Act, other than the power of delegation, to a person employed
under Part 3 of the Public Sector Management and
Employment Act 1998 or a body corporate established under an
Act for a public purpose.
Clause 28 provides for the Governor in Council to make regulations under
the Act.
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Clause 29 Sub-clause (1) amends the Australian Grands Prix Act 1994 to
enable the Australian Grands Prix Corporation to carry out
functions conferred on it by other Acts (such as the Major
Events (Crowd Management) Act 2003).
Sub-clause (2) amends the Australian Grands Prix Act 1994 to
refer to powers given to the Australian Grands Prix Corporation
by other Acts.
Clause 30 amends section 7 of the Melbourne Cricket Ground Act 1933
to enable the Trust to carry out functions conferred on it by other
Acts (such as the Major Events (Crowd Management) Act
2003).
Clause 31 amends section 6 of the Melbourne and Olympic Parks Act
1985 to enable the Trust to carry out functions conferred on it by
other Acts (such as the Major Events (Crowd Management)
Act 2003).
Clause 32 Sub-clause (1) amends section 6 of the State Sport Centres Act
1994 to enable the Trust to carry out functions conferred on it by
other Acts (such as the Major Events (Crowd Management)
Act 2003).
Sub-clause (2) provides that the Trust has powers conferred on it
under the State Sport Centres Act 1994 and other Acts to do
certain things.
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