Victorian Bills Explanatory Memoranda

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MAJOR SPORTING EVENTS BILL 2009

         Major Sporting Events Bill 2009

                         Introduction Print

               EXPLANATORY MEMORANDUM


                                  General
The purpose of the Bill is to support the acquisition, retention, staging and
management of major sporting events in Victoria by including all provisions
that may be required to control and protect an event within a single Act.
The Bill consolidates the existing general legislation relating to major
sporting events--the Major Events (Aerial Advertising) Act 2007, the
Major Events (Crowd Management) Act 2003 and the Sports Event
Ticketing (Fair Access) Act 2002 into one Act. In addition, the Bill
includes provisions relating to the operational requirements of major sporting
events, the protection of commercial interests of those events, including
control of advertising other than aerial advertising, protections from claims
for economic loss and regulation of the application of other laws to major
sporting events.

                               Clause Notes

                      PART 1--PRELIMINARY
This Part of the Bill specifies its purposes, commencement, definitions and
matters relating to its application.

Clause 1    sets out the purposes of the Bill which are--
                    to consolidate into one Act the law relating to major
                     sporting events and to venues for events;
                    to repeal the Major Events (Aerial Advertising) Act
                     2007, the Major Events (Crowd Management) Act
                     2003 and the Sports Event Ticketing (Fair Access)
                     Act 2002 and consequentially amend other Acts.

Clause 2    provides for the commencement of the Bill on the day after the
            day it receives the Royal Assent.




561269                                1      BILL LA INTRODUCTION 25/2/2009

 


 

Clause 3 defines key terms in the Bill, including types of orders that may be made, key events and venues to be protected and the characteristics of regulated items and actions. Clause 4 provides that the Bill binds the Crown. Clause 5 provides that the Bill is intended to operate outside Victoria as far as the legislative power of Parliament is able to extend. Clause 6 provides that if a Part or provision of the Bill applies to any major sporting event, venue or area, Parts 1, 2, 10, 11, 12 and 13 of the Bill also apply to the extent necessary for the operation of the relevant Part or provision of the Bill. These Parts include provisions relating to the definition of key terms, general matters relating to making orders, and other provisions of general application. This is required as the general scheme is for major sporting event orders to specify whether or not the Act or Parts of it apply to a particular event. PART 2--ORDERS, DECLARATIONS AND GUIDELINES This Part of the Bill establishes the mechanisms by which the various protections available in the Bill are applied to particular major sporting events. The mechanisms build on processes that exist in the Major Events (Aerial Advertising) Act 2007 and the Major Events (Crowd Management) Act 2003 and also incorporate a number of protections similar to provisions in the Commonwealth Games Arrangements Act 2001 and the World Swimming Championships Act 2004. The Part also includes new consultation requirements and authority for the Minister to make and enforce guidelines in relation to minimum event planning standards. Division 1--Major sporting event orders Clause 7 provides that the Governor in Council may make a major sporting event order, on the recommendation of the Minister. The order must be published in the Government Gazette. Clause 8 sets out matters to be included in a major sporting event order. A major sporting event order must state the event and venue to be the subject of that order. Orders may also contain additional details relating to the major sporting event, including: the person to be an event organiser, an area of land to be an event area, whether it is an aerial advertising event, the event period, time period or dates of application of specified provisions to an event, the application of specified provisions, the exercise of enforcement powers by members of the police force under Parts 3, 6, 7, or 8, opening or closing ceremonies and similar activities and any combination of these matters. 2

 


 

Clause 9 provides that the Minister must consider certain criteria before making a recommendation that a major sporting event order be made. The Minister must be of the opinion that it is in the public interest to make the order and that the event in question is a major event at an international, national or State level. Additionally, the Minister is to have regard to certain features of an event before recommending that an order be made in relation to it, including: the size, the likely number of spectators, the likely media coverage, the projected economic impact, the contribution to Victoria's international profile, the commercial arrangements, the event management experience and expertise of the event organiser, factors affecting the operational organisation such as traffic and transport management plans, emergency management plans and security plans and consultation with police and emergency services, the views of municipal councils directly affected by event arrangements and the consultation and agreements between the event organiser and affected municipal councils. The clause further requires the Minister to be satisfied that an event venue specified in a major sporting events order is suitable to host international, national or state level events, will have the capacity to be set up for major sporting events, and has clear entry and exit points and clear boundaries delineating the competition sporting space. Clause 10 sets out the criteria for including an event area in a major sporting event order. If an event area is specified, the Minister must be satisfied that the land is adjacent to an event venue, required to establish or manage an event venue or conduct an event or required for purposes connected with conducting an event or a related activity. If an event area is specified in a major sporting event order, the area must be identified by notices or signs and may be demarcated by fencing, barriers or similar structures. Restrictions or conditions in relation to the event area must be communicated by signs placed in close proximity to the area. The means by which an event area may be delineated are not limited by this clause. Clause 11 sets out criteria in relation to a major sporting event order which specifies an event as an aerial advertising event. In these circumstances the Minister must be satisfied that the event is a major event at the international or national level and that unauthorised aerial advertising would be likely to adversely affect the commercial arrangements or operation of the event. 3

 


 

The Minister must also have regard to the size of the event, the likely media coverage of the event, the projected economic impact of the event and the contribution to Victoria's international profile as a host of major events. Major sporting events which specify an event as an aerial advertising event must specify the relevant venue and the limitation time in respect of each day of the event. Clause 12 relates to criteria for making a major sporting events order that specifies that Part 3 of the Bill applies to the event. Part 3 deals with commercial arrangements. In the case of such an order, the Minister must be satisfied that the event is a major event at the international or national level and the event has commercial arrangements that are likely to be adversely affected by unauthorised broadcasting or unauthorised use of logos, images or references or both. The Minister must also have regard to the same factors as specified for aerial advertising events. In addition, a major sporting events order which applies Part 3 of the Bill to an event must specify the period for which the Part will apply (a "commercial arrangements period") if that period is different to the default period as defined in clause 3(1) and may specify times or dates when the Part applies. Clause 13 requires the Minister to consult with the Chief Commissioner of Police before making an order which specifies that members of the police force may exercise enforcement powers under Part 3, 6, 7 or 8 of the Bill. The Minister must also consult with the Minister administering another Act if a major sporting order is to affect the operation of that Act. Clause 14 sets out consultation requirements in respect of different types of land. If a major sporting event order is to apply to land which is reserved under the Crown Land (Reserves) Act 1978, or land which is in a declared area or designated access area within the meaning of the Australian Grands Prix Act 1994 or unreserved Crown land which is administered under the Land Act 1958, the Minister must consult with each respective Minister responsible for administering that Act. Division 2--Acts non-application orders Clause 15 provides that the Governor in Council may make an Acts non-application order on the recommendation of the Minister. Such an order may specify that any Act specified in the order and referred to in Part 5 does not apply to the development or use of an event venue or area for the purposes of the specified 4

 


 

major sporting event, to the extent and for the period specified in the order. Before recommending that such an order be made, the Minister must be of the opinion that it is in the public interest and that it is necessary for the effective preparation or management and conduct of the event, event venue or area. An Acts non- application order must be published in the Government Gazette. The order must be tabled in Parliament and may be disallowed. These significant procedural requirements and those under clause 22 are imposed to ensure that there is transparency and accountability in the making of these types of orders. Clause 16 provides that before recommending that an Acts non-application order be made the Minister must consult with the Minister administering the Act that would be affected by the order. Division 3--No compensation orders Clause 17 provides that the Governor in Council may make a no compensation order on the recommendation of the Minister. Before making such a recommendation, the Minister must be of the opinion that it is in the public interest to make the order and that the order is necessary to ensure the effective management, conduct or organisation of the major sporting event. The order must be tabled in Parliament and may be disallowed. These requirements are imposed to ensure that there is transparency and accountability in the making of these types of orders. Clause 18 provides that a no compensation order will have the effect of protecting specified major sporting events and associated activities from claims for loss, damage or injury, other than claims relating to the death or injury of a person. The order will nullify claims in relation to acts or omissions committed by persons in the administration of this Act or the regulations or in managing, conducting or organising an event or activity protected by such an order, where the act or omission is in good faith. It is necessary to have the facility to extend this protection to some major sporting events. Certain events may not otherwise be able to proceed because of the potential for claims for losses or damage incurred by those in the vicinity of the event, allegedly because of the event, or tenants of event venues whose activities may be affected during an event period. 5

 


 

Division 4--General matters relating to orders Clause 19 provides that more than one order may be made in relation to the same major sporting event. Clause 20 provides that an order will take effect on the date of publication in the Government Gazette or a later date specified in the order. Clause 21 provides that an order may identify land by reference to a plan of survey attached to the order or lodged in the Central Plan Office maintained under the Survey Co-ordination Act 1958. This clause does not preclude using other means to identify land. Clause 22 provides a requirement that a major sporting event order must be laid before each House of Parliament within 7 sitting days after the order is published in the Government Gazette if that order applies Part 3 (commercial arrangements), Part 7 (advertising other than aerial advertising) or Part 8 (aerial advertising) of the Bill to an event or where such an order is an Acts non- application order or a no compensation order. Orders will still be operative if they are not so laid, but this failure may be reported to each House. No compensation orders and Acts non-application orders may be disallowed in whole or in part. These orders are subject to Part 5 of the Subordinate Legislation Act 1994, which means they are subject to the scrutiny, suspension and disallowance powers of the Scrutiny Committee identified under that Act. In particular, subclause (5) specifying the application of section 23(1)(c) of the Subordinate Legislation Act 1994 to these orders means that they may be disallowed by Parliament, in accordance with the section, where there was a failure to lay the order before Parliament and the failure has been reported. Clause 23 provides that the scope of an order may be of general or limited application and can specify differences in operation according to time, place or circumstance. Clause 24 provides that the Governor in Council, on recommendation of the Minister, may amend or revoke an order by means of an order published in the Government Gazette. Part 2 of the Bill applies to amending or revoking an order in the same way as it applies to making an order, e.g. if there is a requirement to table an order in Parliament this is also required if such an order is being revoked or amended. 6

 


 

Division 5--Major sporting event guidelines Clause 25 provides that the Minister may make guidelines in relation to the planning of major sporting events. The guidelines may include requirements for traffic and transport, emergency and environmental management, and event security and other matters. The guidelines must be published in the Government Gazette and laid before each House of Parliament within 10 days after that publication. Clause 26 provides that where an organiser of a major sporting event fails to comply with relevant major sporting events guidelines, the Minister may recommend to the Governor in Council the making of an order which varies or revokes the major sporting events order applying to the event or any other order under this Part. This ensures that event organisers do not enjoy the protection of the Bill without fulfilling corresponding responsibilities to ensure that an event is properly organised and managed. This order must be published in the Government Gazette. PART 3--COMMERCIAL ARRANGEMENTS This Part of the Bill is designed to provide event organisers with protection from persons seeking to unfairly capitalise on an event by means of a false association, appropriation of logos, falsely suggesting a sponsorship-like arrangement, ambush broadcasting, and similar conduct. Similar provisions were contained in the World Swimming Championships Act 2004 and the Commonwealth Games Arrangements Act 2001. Division 1--Application of Part Clause 27 provides that Part 3 of the Bill relating to commercial arrangements applies if a major sporting event order specifies that it applies. The entire Part may apply, or Division 2 relating to authorising the use of logos, images and references, or Division 3 relating to authorising broadcasting may apply independently. If only Division 2 or Division 3 is to apply to a major sporting event or venue or area, then the other Divisions in the Part will apply to extent necessary to allow Division 2 or 3 to operate. For example, if an order specifies that Division 2 (authorising the use of logos, images and references) applies to an event, Division 4 relating to enforcement under the Part will apply to the extent necessary to allow a person to seek an injunction in relation to conduct specified by a provision contained in Division 2. 7

 


 

Clause 28 provides that nothing in the Part removes other rights or legal remedies that may be available to a person in relation to protected event logos or other logos or images or protected event references. Clause 29 provides that nothing in the Part alters other rights conferred on a person prior to the commencement of a major sporting event order in relation to a name registered under the Business Names Act 1962 or a corresponding law of another Australian jurisdiction or a registered name of a company incorporated under the Corporation Act. Clause 30 provides that if a person had the right to prevent another person passing off goods or services by the use of similar logos, images or references immediately before the commencement of a major sporting event order, nothing in Part 3 will affect the use of logos, images or references by the first-mentioned person on or after commencement of a major sporting events order. In an action in respect of passing off brought against an event organiser or a person authorised under the clause, it is a defence to the action that the event organiser or authorised person was not aware that the person bringing the action was entitled to prevent the passing off. Division 2--Authorising use of logos, images and references Clause 31 provides that the Minister may declare that specified logos or images or references are protected for the purposes of a major sporting event. The Minister must be satisfied before making a declaration that the logos, images or references relate to and are sufficiently connected to the identity and conduct of the major sporting event and that the event's commercial arrangements are likely to be adversely affected by use of these things. An event organiser may be required to publish notice of such a declaration in a Victoria-wide newspaper, in a form and including information determined by the Minister. A similar provision was contained in the World Swimming Championships Act 2004. Clause 32 provides that an event organiser may provide written authorisation to a person to use protected event logos, images or references, in respect of a major sporting event. Clause 33 provides for authorisation by the Minister of the non-commercial use of protected event logos or images, in respect of an event protected by a major sporting events order. The Minister must consult with the relevant event organiser, provide the event 8

 


 

organiser with notification of any authorisations made and provide the authorisation in writing. Clause 34 sets out the terms and conditions that may be contained in an authorisation, including its duration, its application (whether general or specific), which protected event logos or images or references may be used under an authorisation and other matters. An authorisation expires on the date specified, or if not specified, 12 months after the end of the major sporting event to which the authorisation relates. Clause 35 provides that an event organiser must maintain a register of authorisations provided under clauses 32 (provided by the event organiser) and 33 (provided by the Minister). The register must include the name of the authorised person, the date of the authorisation and the period of its duration. The register may be inspected by any person at any reasonable time, without charge, and made available on the internet. Clause 36 provides that the event organiser and persons authorised in writing by the Minister may use protected event logos or images or references without the authorisation of the relevant event organiser. Event logos or images or references may be used without any authorisation in certain circumstances: for providing information, including reporting news and presenting current affairs, for criticism and review, including criticism or review in a newspaper, magazine or similar periodical, a broadcast or a film and for professional advice, research or study purposes or educational purposes. Unauthorised use must not be for promotional, marketing or commercial purposes or suggest a sponsorship-like arrangement. Clause 37 provides offences for engaging in conduct which would suggest to a reasonable person that goods or services or any person have a sponsorship, approval or affiliation that they do not have with a relevant event, event organiser or associated activity. Such conduct attracts a penalty of 100 penalty units, in the case of a natural person and 600 penalty units, in the case of a body corporate. Clause 38 provides an offence for using protected event logos, images or references or any thing that is substantially identical or deceptively similar to these, for commercial, promotional, advertising or marketing purposes or where the use would suggest a sponsorship-like arrangement to a reasonable person. It is not an offence where the use is authorised by the event organiser or the Minister, or the use does not require authorisation because it satisfies a class of use set out under 9

 


 

clause 36, or the use is otherwise authorised under this Act or any other law. The offence attracts a penalty of 100 penalty units, in the case of a natural person and 600 penalty units, in the case of a body corporate. Clause 39 sets out what is meant by being marked with logos, images or references. Goods are considered marked with protected logos, images or references or anything substantially identical or deceptively similar if the logos, images or references are affixed or annexed to, marked on or incorporated into any goods, any covering or container in which goods are enclosed, anything attached to such a covering or container or anything attached to the goods or enclosed by the goods. Division 3--Authorised broadcasting Clause 40 provides that an event organiser may authorise broadcasting, telecasting or the transmission by any means of sounds or images of a relevant major sporting event. An event organiser may also authorise making a sound recording, film, television, video or digital recording of moving images of a relevant major sporting event for profit or gain. Authorisations must be in writing. A broadcasting authorisation must not be provided if, in the opinion of the event organiser, the activity authorised would adversely affect the organisation or conduct of the relevant event, or any commercial arrangements relating to the event. Clause 41 provides that the Secretary determines the manner and form of application for a broadcasting authorisation. Clause 42 provides that an authorisation can contain terms and conditions, including the duration of the authorisation, its application (whether general or specific), and whether the authorisation applies to specific persons or classes of persons. Clause 43 provides an offence for broadcasting, telecasting or transmitting sounds or images of protected events, whether it occurs inside or outside an event venue or area. It is not an offence if the use is authorised and the broadcaster is acting in accordance with that authorisation. The offence attracts a penalty of 400 penalty units, in the case of a natural person and 2400 penalty units, in the case of a body corporate. Substantial penalties are required for this offence to deter ambush broadcasters who may generate a sizeable profit from unauthorised broadcasting. It is not an offence to make a broadcast, telecast or transmission if the purpose is not for profit or gain and it is not a substantial part of the event. 10

 


 

"Substantial part" has been interpreted by the courts as a qualitative rather than a quantitative concept--i.e. one minute of goal scoring footage is a more substantial part of a football event than five minutes of general play. It will also not be an offence to make a broadcast, telecast or transmission, regardless of whether it is a substantial part, where the purpose is not for profit or gain, but is rather for the purpose of criticism or review, parody or satire, the reporting of news, a judicial proceeding or the giving or receiving of legal advice, providing official library services for a member of Parliament, or private and domestic use. Private and domestic use as a purpose is established in the Copyright Act 1968 of the Commonwealth. Clause 44 provides an offence for making a sound recording or film, television, video or digital recording of moving images of a protected event, without an authorisation or where a recorder has failed to act in accordance with that authorisation. The offence attracts a penalty of 400 penalty units, in the case of a natural person and 2400 penalty units, in the case of a body corporate. Division 4--Enforcement Clause 45 provides that an authorised applicant may apply to the Supreme Court, County Court or Magistrates' Court for an injunction to restrain a person from engaging in certain conduct. An authorised applicant in Part 3 means an event organiser or a person authorised under the Part or under any other law. The conduct in question includes activities in relation to clauses 37 (suggesting sponsorship, approval or affiliation), 38 (using protected event logos, images or references without authorisation), 43 (broadcasting without authorisation) or 44 (making a recording without authorisation). Injunctions may be sought in relation to conduct that relates to a contravention, whether direct or indirect. A court may grant an injunction restraining conduct if it is satisfied on the balance of probabilities that the person is engaging in or has been engaging in prohibited conduct, (whether or not the person intends to engage again or continue) or, if the injunction is not granted, it is likely that the person will engage in conduct of that kind, (whether or not that person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind). A court may also grant an injunction if it determines it to be appropriate, by consent of all the parties to the proceedings. 11

 


 

Applications may be made ex parte and the court may grant an interim injunction pending determination of an injunction in relation to the identified conduct. Clause 46 provides that a court may rescind or vary an injunction or an interim injunction granted by it under clause 45. Clause 47 provides that an authorised applicant may apply to a court for an order to require a person to disclose information to the public or publish corrective advertising, if the court is satisfied on the balance of probabilities that there has been a contravention of clauses 37, 38, 43 or 44. A court may make an order under this clause whether or not an injunction is granted under clause 45. Clause 48 provides that where an authorised applicant suffers injury or damage in relation to a contravention of clause 37, 38, 43 or 44, the applicant may recover the loss or damage by proceeding against any person involved in the contravention. Such a proceeding must occur within 3 years of the date on which the cause of action accrued, and a court may make an order for damages regardless of whether or not an injunction is granted under clause 45. Clause 49 provides that an authorised applicant may apply for an account of profits in relation to a contravention of clause 37, 38, 43 or 44 by proceeding against any person involved in the contravention. Such a proceeding must occur within 3 years of the date on which the cause of action accrued, and a court may make an order for damages regardless of whether or not an injunction is granted under clause 45. Clause 50 provides that an authorised applicant cannot bring proceedings for both damages and an account of profits in respect of the same contravention. Division 5--Seizure and forfeiture Clause 51 provides for the seizure of goods and advertising material marked with protected event logos, images or references or anything substantially identical or deceptively similar, in relation to a protected event by an authorised officer or a member or the police force, if the officer or member believes on reasonable grounds that the marking is not authorised. Marked goods or advertising material may only be seized if found in an event venue or an event area during the goods seizure period for that event. The goods seizure period commences 3 months before the event period commences and ends one month after the end of the event period. 12

 


 

Clause 52 provides that seized goods or advertising material must be given to the Office of Sport and Recreation Victoria as soon as practicable. The Office must retain goods or advertising material seized under clause 51 until they are forfeited to the Crown under clause 53 (voluntary) or 60 (by court order) or are returned to the person from whom they were seized in accordance with clause 59 (if proceedings are not instituted or defendant is found not guilty of an offence related to the goods) or are returned to their lawful owner by court order or otherwise. If goods or advertising material seized under clause 51 are retained 12 months after the date of seizure and no on-going proceedings in respect of the goods or advertising material exist, they are forfeited to the Crown. If such forfeiture occurs the Minister may direct disposal in any manner that the Minister thinks fit and if goods or material are to be disposed of by sale, the Minister must consult with the relevant event organiser before that sale and the proceeds must be paid into the Consolidated Fund. Clause 53 provides that a person from whom goods or advertising material have been seized may forfeit those items to the Crown before proceedings are instituted for an offence against clause 37 (suggesting sponsorship, approval or affiliation) or 38 (using protected event logos, images or references without authorisation). Forfeiture must be in writing to the Office of Sport and Recreation Victoria, which must notify the event organiser of the forfeiture. If such forfeiture occurs, the Minister may direct disposal in any manner that the Minister thinks fit and if goods or material are to be disposed of by sale the Minister must consult with the relevant event organiser before that sale and the proceeds must be paid into the Consolidated Fund. Clause 54 provides for the seizure of broadcasting equipment by an authorised officer or a member of the police force, if the officer or member believes on reasonable grounds that a person has committed, is committing or is about to commit an offence against clause 43 (unauthorised broadcasting) or 44 (unauthorised recording). Seizure may only occur after the officer has requested that the person cease the activity which may constitute an offence and the person does not cease the activity. If seizure occurs the officer must immediately, or as soon as reasonably practicable, provide the person with a written receipt for the equipment specifying the nature of the equipment seized, the date and time 13

 


 

of seizure and the name and rank of the officer who seized the equipment. Seizure may only occur during an event period. Clause 55 provides that the seized broadcasting equipment must be given to the Office of Sport and Recreation Victoria as soon as is practicable. The Office of Sport and Recreation Victoria must retain the broadcasting equipment until it is returned to the person from whom it was seized or its lawful owner in accordance with this Act or by court order or otherwise. In the case of broadcasting equipment other than a film, digitally recorded images or a sound recording, equipment must be returned in accordance with clause 56. Clause 56 provides that the Office of Sport and Recreation Victoria must ensure that seized broadcasting equipment is returned to the person from whom it was seized within 28 days after the date on which it was seized. This does not apply to film, digitally recorded images or sound recordings, which may be retained for up to 6 months. Clause 57 provides that a person from whom broadcasting equipment has been seized may apply to have it returned. An application can be made any time after the seizure to Magistrates' Court, but must not be made if proceedings for an offence against clause 43 or 44 have commenced, involving the seized equipment. The Magistrates' Court may order that the broadcasting equipment be returned if, in the opinion of the Court, it can be returned consistently with the interests of justice, subject to any specified conditions. The Court may make any other order it considers appropriate in relation to the broadcasting equipment. Clause 58 provides that seized film, digitally recorded images or sound recordings may be retained by an event organiser of a protected event for a period not exceeding 6 months after the date of seizure. If film, digitally recorded images or a sound recordings are still retained by the relevant event organiser 6 months after the seizure and there are no on-going proceedings in respect of the items, they must be returned to the person from whom they were seized or the lawful owner. Clause 59 provides for the recovery of things seized and compensation. If any goods, advertising material or broadcasting equipment have been seized (and the goods or advertising material have not been voluntarily forfeited under clause 53), and have not been returned and proceedings are not instituted for an offence against clause 37, 38, 43 or 44 in relation to the seized items within 6 months of the seizure, or after proceedings have been 14

 


 

completed, the defendant is not found guilty, the person from whom they were seized is entitled to recover the seized items. If they have been destroyed, the person may claim compensation equal to the market value of the items at the time of the seizure and compensation for any loss suffered by reason of the seizure. Clause 60 provides that where a person is guilty of an offence against clause 37, 38, 43 or 44 the court may order that any goods, advertising material or broadcasting equipment relating to the offence be forfeited to the Crown. Upon such an order, the Minister may direct disposal of the items in any manner that the Minister thinks fit and if goods or advertising material (but not broadcasting equipment) are to be disposed of by sale the Minister must consult with the relevant event organiser before that sale. The proceeds of sale of these items must be paid into the Consolidated Fund. PART 4--CROWD MANAGEMENT Part 4 of the Bill largely reproduces the provisions of the Major Events (Crowd Management) Act 2003, with some modifications. Events that are "major events" for the purposes of that Act and venues that are "managed venues" under that Act will retain this status under the Bill. This Part may also be applied to other events that that are the subject of a major sporting event order. Division 1--Application of Part Clause 61 provides that Part 4 of the Bill relating to crowd management will apply to certain specified events and in certain specified circumstances. Part 4 applies to the Australian Open Tennis Championships, any Australian Football League or international or interstate cricket match held at the MCG or the Docklands Stadium, and any international, national or state league football match held at an event venue. Part 4 also applies to any major sporting event or venue or area of land if a major sporting event order specifies that Part 4 applies. In addition, Part 4 will apply to the MCG, the Phillip Island Grand Prix circuit, the Docklands Stadium, the Melbourne Sports and Aquatic Centre land, the State Netball and Hockey Centre land, national tennis centre land, Olympic Park land, and the Bob Jane Stadium. 15

 


 

Division 2--Managing crowd behaviour Clause 62 provides an offence for the unauthorised possession of a prohibited item (excluding distress signals and fireworks). The penalty is 20 penalty units. Prohibited items include certain animals (excluding guide or police dogs or animals competing in the event), laser pointers, dangerous goods, whistles or loud hailers, bicycles (except a police or competition bicycle), scooters, skateboards, roller skates or roller blades, horns or bugles, flags or banners larger than 1 metre by 1 metre or possessing a handle longer than 1 metre, any items which are in such a quantity that a reasonable person could infer that those items are to be used for commercial purposes and a public address system, electronic equipment, broadcast equipment or similar devices which may interfere with equipment being used to run an event. Prohibited weapons within the meaning of the Control of Weapons Act 1990 and firearms within the meaning of the Firearms Act 1996 are also prohibited items, regardless of whether a person is licensed or otherwise permitted to carry them. Controlled weapons under the Control of Weapons Act 1990 are also prohibited, where possession of the item would constitute an offence against that Act. This formulation is designed to exclude items identified under that Act which persons may possess if they have a reasonable excuse, from being captured in the definition of prohibited item. Clause 63 provides an offence for possessing a lit distress signal or lit firework in an event venue or event area without authorisation. The penalty is 30 penalty units, because this behaviour poses an increased danger to nearby persons. Clause 64 provides an offence for throwing a lit distress signal or firework in an event venue or event area, without authorisation. The penalty is 40 penalty units, because this behaviour poses high level of danger to nearby persons. Clause 65 provides an offence for possessing an unlit distress signal or unlit firework in an event venue or event area without authorisation. The penalty is 20 penalty units. Clause 66 provides an offence for possessing any alcohol within an event venue or event area that has not been purchased at the event venue or event area in accordance with the Liquor Control Reform Act 1998. The penalty is 20 penalty units. The venue manager or event organiser may provide written or non-written 16

 


 

authorisation for a person to possess alcohol within an event venue or area. Clause 67 provides an offence for a person to enter a sporting competition space. The definition of sporting competition space includes, but is not limited to, a playing field, a track, an arena, a court or a rink, a swimming pool or diving pool, a road which is being used for a major sporting event, an area of open water which is being used for a major sporting event, any area delineated as sporting competition space for a major sporting event and any area for the official use of participants in, or persons officiating at, a match, game, sport or event. The penalty is 10 penalty units. Persons who may enter the sporting competition space without incurring a penalty are those persons participating in sporting competition or are engaged in controlling or managing the event, and persons who are authorised, or members of a class of person who are authorised, to enter or remain in the competition sporting space. In addition to the penalty for entering a sporting competition space, a penalty of 60 penalty units may be imposed on a person who is the space and disrupts the match, game, sport or event without reasonable excuse. Clause 68 provides an offence for throwing or kicking any stone, bottle or other projectile within an event venue or event area. The penalty is 20 penalty units. The offence does not apply to a person who throws or kicks a projectile in the course of participating, officiating or volunteering in the management of an event or a person who has the authorisation of the venue manager or event organiser. Clause 69 provides an offence for defacing or damaging any building, fence, barrier, barricade, seat, chair, table, structure, vehicle, craft, truck, pipe, tap, tap fitting, conduit, electrical equipment, wiring or sign except with the authorisation of the venue manager or event organiser. Authorisation may be required for vital works to occur within an event venue. The penalty is 20 penalty units. Clause 70 provides an offence for damaging any trees, plants or other flora within an event venue or event area except with the authorisation of the venue manager or event organiser. Authorisation may be required for activities such as the relocation of plants to facilitate an event. The penalty is 20 penalty units. 17

 


 

Clause 71 provides an offence for blocking, without reasonable excuse, any stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare in an event venue or event area except with the authorisation of the venue manager or event organiser. This provision has a reasonable excuse component so that individuals committing the conduct in emergencies or other justifable circumstances will not be captured by the offence. The penalty is 10 penalty units. Clause 72 provides an offence for climbing, without reasonable excuse, any fence, barrier or barricade, within an event venue or area or delineating the boundaries of an event venue or area, except with the authorisation of the venue manager or event organiser. Authorisation may be required to enable vital works to occur. The penalty is 10 penalty units. Clause 73 provides an offence for standing in a place or a particular manner that deliberately obstructs the view of any other person seated in the immediate vicinity, without reasonable excuse or authorisation. This provision has a reasonable excuse component so that individuals committing the conduct in emergencies or other justifiable circumstances will not be captured by the offence. The penalty is 10 penalty units. Clause 74 provides an offence to climb a roof or parapet of a building within an event venue or event area without authorisation. Authorisation may be required to enable vital works to occur. The penalty is 10 penalty units. Division 3--Authorisations Clause 75 enables a venue manager or event organiser, in related to a major sporting event, to authorise a person or class of person to carry out an activity which would otherwise be an offence against clause 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73 or 74. Applications for authorisation may be made in writing or in any other manner required. Authorisation must not be given if in the opinion of the venue manager or event organiser, the carrying out of that activity would adversely affect the organisation or conduct of the event or any commercial arrangements relating to the event in question. An oral authorisation may be given for activities in clauses 62 (prohibited items), 66 (alcohol) and 67 (entry into the sporting competition space) if it is considered appropriate. Otherwise authorisations may be given in writing. If the authorisation applies to the general public, a notice may be published setting out the details of the authorisation, including any conditions, in a newspaper circulating generally in Victoria. 18

 


 

If the authorisation applies to a group or class of person, including the general public, notices may be displayed at or near the entrance to the event venue or area setting out details of the authorisation and as far as practicable, ensuring that those signs or notices are displayed in such a place and manner that the details are reasonably likely to be seen by persons affected by them or in any other manner that the venue manager or the event organiser considers appropriate, having regard to the nature of the activity and the persons being authorised. Clause 76 provides that an authorisation is subject to any terms and conditions which the venue manager or the event organiser of the event believes are reasonable to impose, including but not limited to its duration, whether it applies generally or in specified circumstances, whether it applies to specified persons or to a specified classes of person, and whether it applies to a specified type or class of activity. Clause 77 provides an offence for contravening, without reasonable excuse, a term or condition of an authorisation provided under clause 75. The penalty is 20 penalty units. Clause 78 provides that an authorised officer or member of the police force may direct a person to produce the person's authorisation or evidence of the authorisation, either immediately or within 7 days at a police station or the place of business of the authorised officer. Failure to comply with a direction will incur a penalty of 5 penalty units. Division 4--Dealing with prohibited items Clause 79 provides that venue managers may prohibit items, in addition to those items specified in the definition of prohibited item, from being brought into an event venue or area for which they are responsible. The venue manager must display signs setting out details of additional prohibited items and as far as practicable ensure that those signs are displayed in such a manner that the details are reasonably likely to be seen by people affected by them. It is not an offence to possess an item prohibited by a venue manager in an event venue or area, but a person may be asked to surrender the item and if he or she does not, may be asked to leave or to have the item confiscated by a police officer. Clause 80 provides for the surrender or confiscation of prohibited items. An authorised officer may request the surrender of any item prohibited in clause 62, 63, 65 or 66 (prohibited items, alcohol, lit and unlit distress signals and fireworks) or an item a venue manager has prohibited being brought into an event venue or 19

 


 

area. If a person refuses to surrender the prohibited item, an authorised officer may direct the person not to enter the event venue or event area for a period of 24 hours or direct the person to leave the event venue or event area and to not re-enter for a period of 24 hours. If a person refuses to surrender a prohibited item, an authorised officer who is a member of the police force may confiscate the item. Clause 81 provides that an item surrendered to or confiscated by an authorised officer who is a member of the police force, or otherwise transferred into the possession of a member, may be retained for the purposes of proceedings for an offence against the Bill or the regulations. In the case of prohibited items that are animals, whistles, loud hailers, bicycles, scooters, skateboards, roller skates, roller blades, horns, bugles, items of a sufficient quantity to be commercial, public address systems and electronic or broadcasting equipment, the officer may photograph or otherwise take a record of that item for the purpose of proceedings for an offence. An item that is confiscated or surrendered may be returned when the bearer leaves the event venue or area, or if that person does not request the return of the item, it may be given to the Office of Sport and Recreation Victoria to be dealt with in accordance with clause 82, or the item may be returned to its lawful owner, if known, within 28 days after it was confiscated or surrendered. The item may otherwise be dealt with in accordance with law. If proceedings for an offence against clause 62 (possessing a prohibited item), 63 (throwing a lit distress signal or firework), 65 (possessing an unlit distress signal or firework) or 66 (unauthorised possession of alcohol) have been commenced in respect of an item, subject to any court order, that item must not be returned to the person who surrendered it or from whom it was confiscated. Clause 82 sets out the requirements for storing surrendered or confiscated items at event venues. Subject to clause 81, a venue manager must ensure that an item that has been surrendered by a person in compliance with a request under clause 80(1) or confiscated under this Division is stored at the event venue or event area in a secure manner in accordance with directions made by the Minister. Such items must be returned to the relevant person upon request when the person leaves the event venue, or within 28 days after the item being surrendered. 20

 


 

A stored item that is not collected must be stored by the venue manager until requested to be returned or until the expiration of 28 days after the item was surrendered or confiscated. Despite this, if a surrendered item or a confiscated item is a prohibited weapon within the meaning of the Control of Weapons Act 1990, a controlled weapon, the possession of which would constitute an offence under the Control of Weapons Act 1990 or a firearm within the meaning of the Firearms Act 1996, the venue manager must ensure that the item is given to a member of the police force within 24 hours after the item is surrendered or confiscated. If the item is a dangerous good, laser pointer, distress signal, firework or any other item prohibited by the venue manager under clause 79 and the item is not collected within 28 days after it was surrendered or confiscated, the venue manager must cause the item to be destroyed. If the item is a perishable foodstuff, the venue manager may destroy or dispose of the item after the end of the day on which the item is surrendered or confiscated. If any other item is not collected within 28 days the venue manager may sell the item and retain the proceeds of the item's sale. Division 5--Dealing with offenders Clause 83 provides that an authorised officer may direct a person to leave and not re-enter or not to enter an event venue or area, if the authorised officer believes on reasonable grounds that the person has committed an offence against clause 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73 or 74. The officer is required to inform the person that he or she has formed such a belief and prior to making the direction, must request that person to leave or not to enter the event venue or area and that person has refused to leave or has entered. A direction to leave must specify that the direction applies for a period of 24 hours and may be given orally or in writing. Clause 84 provides that an authorised officer may direct a person who is in an event venue or area to leave and not re-enter for a period of 24 hours if the authorised officer believes on reasonable grounds that the person is disrupting or interrupting the event, engaging in conduct which is a risk to the safety of that person or others, or causing unreasonable disruption or unreasonable interference to spectators of the event or persons engaged in the conduct the event or venue. 21

 


 

This provision is necessary to enable events to be staged in a safe and orderly manner, and represents the least restrictive means of controlling unsociable and dangerous behaviour, that is not addressed by the other offences within this Part. This provision provides more clarity than section 15 of the Major Events (Crowd Management) Act 2003 because it does not allow a person to be directed to leave merely for "causing annoyance to spectators". It imposes a more objective test about the appropriateness of the behaviour and therefore interferes less with relevant human rights. Clause 85 provides an offence for entering or attempting to enter an event venue or area within a period of 24 hours, in contravention of a direction from an authorised officer. An offence is also provided for not leaving an event venue or area immediately after being directed, or re-entering after being directed to leave. A member of the police force, using no more force than is reasonably necessary, may prevent a person from entering or re-entering or remove a person from an event venue or area after the person has refused to comply with a direction to leave the event venue or area. The penalty for all offences is 20 penalty units. Clause 86 relates to individuals who are identified as repeat offenders in relation to more serious crowd management offences. A person who has been found guilty of an offence against clause 62 (prohibited items), 64 (throwing lit distress signals or fireworks), 67(2) (disrupting an event within the sporting competition space) or 85 (contravening a direction to leave) on 2 or more occasions within the period of 5 years immediately before the date on which an application for an order is made, may be subject to a repeat offender order. A member of the police force may apply to the Magistrates' Court for an order if he or she suspects on reasonable grounds that a repeat offender is likely to disrupt an event or a series of events to which this Part applies. The order may prohibit the person from entering any event venue or area during the event period for that event. A member of the police force making an application for an order must serve notice of that application on the person in respect of whom the application is made. The order may prohibit a person from entering either or both an event venue or an event area during all or part of the event period, if the Magistrates' Court is satisfied on the balance of probabilities that the person was served with notice of the application, the person is a person to 22

 


 

whom this clause applies and the person is likely to disrupt the event or series of such events which is the subject of the application. The order must specify the relevant event venue or area, the event or series of such events, and the period for which the order is in force. The Magistrates' Court, on the application of the person, must quash an order made under this clause if at the time that the order was made, the person had been convicted of at least 2 offences against clause 62, 64, 67(2) or 85 and the person subsequently successfully appealed a conviction for one or more those offences. It is an offence to enter an event venue or an event area in contravention of a repeat offender order. The penalty for doing so is 60 penalty units. This clause remakes section 17 of the Major Sporting Events (Crowd Management) Act 2003 with the additional requirement of providing a person with notice that an application for this type of order is being made against them. Clause 87 provides that a court may make a ban order in relation to-- an offence against clause 63 (lit distress signals or fireworks), 64 (throwing lit distress signals or fireworks), 65 (unlit distress signals or fireworks), 68 (throwing or kicking projectiles) or 69 (damaging or deface infrastructure); an offence against clause 62 (possessing a prohibited item) where the item is a dangerous good, a prohibited weapon within the meaning of the Control of Weapons Act 1990, a controlled weapon within the meaning of that Act, the possession of which would constitute an offence or a firearm within the meaning of the Firearms Act 1996; an offence against section 16 (causing serious injury intentionally), 17 (causing serious injury recklessly), 18 (causing injury recklessly or intentionally), 22 (conduct endangering life), 23 (conduct endangering persons), 24 (negligently causing serious injury) or 30 (threatening injury to prevent arrest) of the Crimes Act 1958 if committed by the offender in an event venue or area during an event to which this Part applies; 23

 


 

an offence against section 23 (common assault) of the Summary Offences Act 1966 if committed by the offender in an event venue or area during an event to which this Part applies. If a court finds a person guilty of any of these offences, an order may be made banning the offender-- from entering the event venue and area where the offence was committed; from attending one or more specified events at the event venue and event area where the offence was committed; from attending a specified category of event at any event venue where those events take place. A court may impose a ban order for a period of up to 5 years. The order must specify the event venue and area, the event and the period for which the ban order is in force. It is an offence to enter an event venue or area in contravention of an order. The penalty for doing so is 60 penalty units. Clause 88 provides that an authorised officer may require a person to provide his or her name and address, if the officer believes on reasonable grounds that the person has committed an offence against clause 62 (possessing prohibited item), 63 (possessing lit distress signals or fireworks), 64 (throwing lit distress signals or fireworks), 65 (possessing unlit distress signals or fireworks), 66 (alcohol), 67 (entry into the sporting competition space), 68 (throwing or kicking projectiles), 69 (damaging or defacing infrastructure), 70 (damaging flora), 71 (blocking stairs, exits or entries), 72 (climbing fences, barriers or barricades), 73 (obstructing views) or 74 (climbing roves or parapets). An authorised officer must first-- produce his or her identity card; and inform the person that he or she believes that the person has committed an offence; and inform the person that it is an offence to refuse to provide his or her name when directed to do so or to provide a false or misleading name and address to an authorised officer. 24

 


 

Clause 89 provides an offence for refusing to provide a name or providing false details to an authorised officer. The penalty is 5 penalty units. Clause 90 provides for powers of inspection. An authorised officer may-- request a person to produce and open for inspection, and permit search by an authorised officer any bag, basket, or other receptacle that the person intends to take into or has in an event venue or area; request a person to produce and empty of its contents any bag, basket or other receptacle that the person intends to take into or has in an event venue or area; request a person who intends to enter or has entered an event venue or event area to turn out his or her pockets; request a person who intends to enter an event venue or area to walk through screening equipment, allow an officer to pass hand-held screening equipment over or around the person or around things in the person's possession and allow things in his or her possession to pass through screening equipment or to be examined by X-ray. A person may request that such an inspection be conducted in private. The authorised officer must conduct the inspection in a private area set aside by the venue manager or event organiser for that purpose. In order to inspect under this clause, an authorised officer may search through any bag, basket or other receptacle, move the contents or search through and move the contents of a person's pockets, where turned out. If a person refuses a request to inspect, an authorised officer may direct him or her not to enter, or to leave the event venue or area for 24 hours. In this clause screening equipment means a metal detector or similar device for detecting objects or particular substances. 25

 


 

Division 6--Infringements Clause 91 provides that a member of the police force may serve an infringement notice on a person who the member of the police force has reason to believe has committed an offence against-- clause 63--possessing lit distress signals or fireworks; clause 65--possessing unlit distress signals or fireworks; clause 67(1)--entry into the competition sporting space; clause 68--throwing or kicking projectiles; clause 69--damaging or defacing infrastructure; clause 70--damaging flora; clause 85(1)--contravention of a direction to leave event venue or area; clause 85(2)--failing to leave an event venue or area immediately after being directed to do so; clause 85(3)--re-entering an event venue or area after being directed to leave; or the regulations. The infringement penalty is 2 penalty units, except in relation to clause 63, where it is 3 penalty units. PART 5--APPLICATION OF OTHER ACTS Part 5 of the Bill provides for the suspension of the application of certain other Acts to event venues or event areas for limited periods to facilitate the delivery of a major sporting event. Major sporting events are time critical, and without the ability to preclude the operation of certain acts, some major sporting events would be difficult or impossible to stage. Similar provisions were included in the World Swimming Championships Act 2004 and in the Commonwealth Games Arrangements Act 2001. Clause 92 provides that Part 5 applies where an Acts non-application order has been made in respect of a major sporting event or specified venue or area in relation to an event. Clause 93 provides that if an Acts non-application order is made, nothing in the Planning and Environment Act 1987 or in any planning scheme applies to the development or use of an event venue or area if the order so specifies. 26

 


 

Clause 94 provides that if an order is made, a permit or consent is not required under the Heritage Act 1995 for the development or use of an event venue or area, despite anything to the contrary under that Act if the order so specifies. Clause 95 provides that if an order is made the Environment Effects Act 1978 does not apply to any works carried out in an event venue or area if the order so specifies. Clause 96 provides that if an order is made, a permission is not required under the Coastal Management Act 1995 for the development or use of an event venue or area, despite anything to the contrary in that Act if the order so specifies. Clause 97 provides that during any period specified in an order, land which is an event venue or an event area may be entered and used for any of the following purposes-- access to an event venue or an event area to which the order applies; carrying out works at an event venue or event area for the purposes of a major sporting event specified in the order; storing goods, vehicles and equipment for the purpose of such works; and the maintenance and repair of such works. This clause applies despite anything to the contrary in the Land Act 1958, any Crown grant, the Crown Land (Reserves) Act 1978, any reservation under that Act or any regulations made under that Act or the Land Act 1958. Clause 98 provides that during any period specified in an Acts non- application order the Minister administering the Building Act 1993 may make a declaration. The declaration will allow the Secretary or other specified person to administer and enforce, any provisions of the Building Act 1993 and the regulations in relation to an event venue or event area for a major sporting event. A declaration by the Minister administering the Building Act 1993 must be by order published in the Government Gazette. The Building Act 1993 and the regulations under that Act apply for the purposes of this clause as if any reference to a council or a relevant building surveyor or a municipal building surveyor 27

 


 

were a reference to the relevant person or body specified in an order under this clause. Clause 99 provides that during any period specified in an Acts non- application order the Local Government Act 1989 does not apply and a Council must not make a local law under the Local Government Act 1989 for or with respect to-- an event venue or an area for the purposes of a specified event; the carrying out of works for the purposes of the development or use of an event venue or area, including the timing of works (including hours for building) for, and standards of, construction of those works or restricting the emanation of noise or light, other than noise or light which is a danger to health, from an event venue or area; or restricting the use of any road for access to or egress from a event venue or area. Without limiting sections 111(2), 111(3) and 111(4) (all relating to powers to make local laws) of the Local Government Act 1989, a local law, whether made before or after a relevant order is inoperative to the extent that it makes provision for any thing referred to above. In this circumstance a local law is inoperative to the extent that it is inconsistent with the exercise of any powers or functions under this Bill by the venue manager, event organiser or Secretary in relation to a relevant event. A local law is inoperative to the extent that it has the effect of, or is exercised in a manner directed at hindering the Secretary, the venue manager or the event organiser in the performance of an obligation or the pursuit of a right under any agreement, if the Governor in Council, by order published in the Government Gazette, declares it to be inoperative. Clause 100 provides that if an Acts non-application order is made, nothing in the Health Act 1958 or the Local Government Act 1989 or regulations or local laws under those Acts applies in respect of noise or light (other than noise or light which is dangerous to health) emanating from an event venue or an event area. 28

 


 

PART 6--GENERAL OPERATIONAL ARRANGEMENTS Provisions relating to general operational arrangements are included in the Bill to enable event organisers to control event venues and make necessary preparations for major sporting events. Additionally, an event organiser is obliged under this Part to restore land used for an event to a condition reasonably comparable to its condition before the event period. Similar provisions were included in the World Swimming Championships Act 2004 and the Commonwealth Games Arrangements Act 2001. Division 1--Application of Part Clause 101 provides that the Part applies if specified in a major sporting event order. The Part may apply in relation to the event, or venue or area in relation to that event. Division 2--Access control by event organiser Clause 102 confirms that nothing in the Part restricts venue managers or event organisers from pursuing legal remedies available under other laws or agreements, or restricts authorised officers from exercising powers under other Acts or laws, except to the extent that they are modified by an order under this Bill. The clause also provides that an event organiser is responsible for and has all powers necessary to control access to an event venue or area by participants, officials, volunteers, spectators and other persons during the period of the event. Division 3--Removal of offender by police Clause 103 provides a member of the police force with the power to remove individuals from an event venue or area if the member believes on reasonable grounds that an assembly is being carried on in a manner involving unlawful physical violence to persons or unlawful damage to property. The member of the police force must also form the belief that, because of the number of persons involved in the assembly, it is not practicable to preserve or restore public order by arresting a person who is committing such an offence. The member of the police force may use such force as is reasonable in the circumstances. Nothing in this clause limits any powers of arrest that a member of the police force has under any other law and any action taken under this clause does not prevent the institution of proceedings in respect of an offence. 29

 


 

Clause 104 provides offences for intentionally interfering with, or hindering the carrying out of, any works at an event venue or in an area, or causing another person to do so. The penalty for these offences is 10 penalty units. Division 4--Vehicle and vessel access and removal Clause 105 provides that during the operational arrangements period of a relevant event a person must not, without reasonable excuse, bring a vehicle or a vessel into an event venue or area, except with the written authorisation of the event organiser or the venue manager; or otherwise in accordance with this Act. Vehicle has the same definition as it has in the Road Safety Act 1986, and includes bicycles and other pedal powered conveyances. Vessel has the same meaning as in the Marine Act 1988 and encompasses those conveyances capable of being used in navigation by water. Prams, strollers, wheelchairs or other mobility aids are not included in offences under this Division. The penalty is 20 penalty units. Clause 106 provides that during the operational arrangements period of a relevant event, a person must not, without reasonable excuse, park or leave standing a vehicle in an event venue or area, except with the written authorisation of the event organiser or the venue manager; or otherwise in accordance with this Bill. During the operational arrangements period of an event to which this Part applies, a person must not, without reasonable excuse, moor, anchor or cause to be adrift a vessel in an event venue or area except with the written authorisation of the event organiser or the venue manager; or otherwise in accordance with this Bill. The penalty for these offences is 20 penalty units. Clause 107 provides that an authorised officer may move an unauthorised vehicle which is left standing or an unauthorised vessel which is moored, anchored or adrift in an event venue or area, or close to an event venue or area as to obstruct access to vehicles, vessels or pedestrians. An authorised officer may move a vehicle or vessel (authorised or not) if, in the officer's opinion it is a danger to other vehicles, vessels or persons in that venue or area, is likely to cause traffic congestion, is hindering or is obstructing an event or associated activity or program, or obstructing access to any facilities used for the event. 30

 


 

A member of the police force may enter a vehicle or a vessel using reasonable force if necessary, and move the vehicle or vessel to the nearest convenient place. The Chief Commissioner of Police or the event organiser may recover any reasonable costs incurred in moving a vehicle or vessel from the owner. Division 5--Road closures and road modifications Clause 108 provides that the meaning of traffic in Division 5 of Part 6 of the Bill, relating to road closures and modifications, means vehicular traffic, pedestrian traffic and all other kinds of traffic. Clause 109 provides consultation requirements for the temporary closure of roads. The Minister may temporarily close a road to traffic if he or she considers it necessary to enable works to be carried out at an event venue or area. The Minister may temporarily close a road or part of a road to traffic generally or to a particular class of traffic if necessary to conduct an event or associated activity. The Minister must not temporarily close a road without consulting-- the Minister administering the Road Management Act 2004; and if Division 2 of Part 9 of the Local Government Act 1989 applies to the road, the Minister administering that Act and the relevant local council; and if the road is in a declared area within the meaning of the Australian Grands Prix Act 1994 or in a designated access area within the meaning of that Act, the Minister administering that Act; and if the road is in Albert Park and is not Melbourne Sports and Aquatic Centre land, the Minister administering the Crown Land (Reserves) Act 1978; and if the road is in Albert Park and forms part of Melbourne Sports and Aquatic Centre land, the Minister administering the State Sport Centres Act 1994 and the Minister administering the Crown Land (Reserves) Act 1978; and any other relevant road authority within the meaning of the Road Management Act 2004. 31

 


 

Clause 110 provides consultation requirements for the temporary modification of roads. The Minister may temporarily modify a road if he or she considers it necessary to enable works to be carried out. The Minister may temporarily modify a road if he or she considers it necessary to do so for the purposes of conducting an event or associated activity. Modifications include establishing tow away zones, altering line markings on a road and converting a road to a one-way road. The Minister must not temporarily modify a road without consulting-- the Minister administering the Road Management Act 2004; and if Division 2 of Part 9 of the Local Government Act 1989 applies to the road, with the Minister administering that Act and the relevant local council; and if the road is in a declared area within the meaning of the Australian Grands Prix Act 1994 or in a designated access area within the meaning of that Act, with the Minister administering that Act; and if the road is in Albert Park and is not Melbourne Sports and Aquatic Centre land, with the Minister administering the Crown Land (Reserves) Act 1978; and if the road is in Albert Park and forms part of Melbourne Sports and Aquatic Centre land, with the Minister administering the State Sport Centres Act 1994 and the Minister administering the Crown Land (Reserves) Act 1978; and with any other relevant road authority within the meaning of the Road Management Act 2004. Clause 111 circumscribes the power the Minister may exercise under this Division, by providing that it may only be exercised during an operational arrangements period and for reasonable times before and after that period for the relevant event, as is necessary for the effective management of the event. Clause 112 provides that the Secretary is deemed to have been issued a permit under section 99B of the Road Safety Act 1986 for the purposes of preparing to conduct an event or associated activity 32

 


 

which involves conducting a non-road activity. The relevant event organiser is deemed to be the person to whom a permit has been issues to conduct the event which involves a non-road activity. A non-road activity under the Road Safety Act 1986 is an activity conducted on a road which will significantly interfere with the normal use of the road and could include conducting a major sporting event. Clause 113 provides that the Road Safety Act 1986 and associated regulations, including the Road Rules, will not apply to a vehicle or driver in a major sporting event (such as a car race) or, with the approval of the Minister, within an event venue or area, for the purposes of providing services to a major sporting event (such as support cars in long distance bicycle races). Division 6--Restoration of areas Clause 114 provides that an event organiser must take all reasonable steps to ensure that an event venue or area must be restored to a condition reasonably comparable to its condition immediately before the beginning of the operational arrangements period, as soon as practicable at the conclusion of that period. If there is a dispute about the standard of restoration the matter may be referred to the Minister, or if the land is reserved under the Crown Land (Reserves) Act 1978, to the Minister administering that Act and the Minister administering this Bill for a decision on the matter. PART 7--ADVERTISING OTHER THAN AERIAL ADVERTISING This Part of the Bill seeks to protect event organisers from ambush advertising other than aerial advertising. The commercial success of events depends not only on attracting spectators, but also on securing sponsors and protecting the value of sponsorship agreements. Unauthorised advertising within event venues or areas exploits free advertising opportunities at the expense of authorised sponsors and suppliers who have paid for advertising rights. This conduct needs to be discouraged and controlled within reasonable limits. Similar provisions were included in the World Swimming Championships Act 2004 and the Commonwealth Games Arrangements Act 2001. Clause 115 provides that Part 7, relating to advertising other than aerial advertising, will apply if a major sporting event order specifies that it applies in respect of an event, venue or area. The aerial advertising provisions in Part 8 of the Bill will not apply to advertising to which this Part applies, i.e. the same advertising cannot be captured by different Parts of the Bill. 33

 


 

Clause 116 prohibits unauthorised advertising on buildings or structures within a protected event venue or area. An event organiser may remove or obliterate any unauthorised advertising within an event venue or area, but must cause as little damage as possible in doing so. The restriction does not apply to advertising displayed in a venue or area in Albert Park which is authorised under the Australian Grands Prix Act 1994 or related regulations. This clause does not affect any conditions of use of an event venue or area agreed between a venue manager, manager of an event area and event organiser, or pre-existing advertising that is not purposely displayed in anticipation of a major sporting event. Clause 117 provides an offence for displaying commercial advertising on a vessel within sight of a protected event venue or area during the advertising limitation period without an advertising on vessels authorisation. The penalty is 400 penalty units in the case of a natural person and 2400 units in the case of a body corporate. Significant penalties are required to deter ambush advertisers who may obtain significant exposure and commercial gain from engaging in the prohibited conduct. It is not an offence to display commercial advertising on a vessel if an authorisation has been obtained in respect of a protected event and the authorised advertising is viewable from the venue or area of another protected event. Clause 118 provides that an event organiser may provide written authorisation to advertise on a vessel within sight of a protected event venue or area, during an advertising limitation period for an event. Authorisation must not be provided if, in the opinion of the event organiser, the advertising would adversely affect the organisation or conduct of the protected event or any commercial arrangements relating to the future conduct of that event, if conducted annually. Clause 119 provides that an application for an advertising on vessels authorisation must be made in the manner and form determined by the relevant event organiser. Clause 120 provides that an advertising on vessels authorisation is subject to the terms and conditions of the event organiser, which may include the duration of the authorisation, whether it applies generally or specifically in relation to the event, venue or area, whether it applies to specified persons or classes of person, 34

 


 

vessels or classes of vessel and specified types or classes of advertising. Clause 121 allows an event organiser of a protected event to apply to the Supreme Court, County Court or Magistrates' Court for the grant of an injunction restraining a person from engaging in conduct in relation to clause 117. Conduct includes contravening, attempting or conspiring to contravene, aiding, abetting, counselling or procuring a person to contravene, inducing or attempting to induce a person, whether by threats, promises or otherwise, to contravene or being in any way directly or indirectly, knowingly concerned in, or party to, the contravention by a person of clause 117. On application by an event organiser, the court may grant the injunction restraining the identified conduct in the following circumstances: if the court is satisfied that the person is engaging in or has been engaging in conduct of that kind, (whether or not it appears that the person intends to engage in the conduct again), if it appears to the court that, in the event that the injunction is not granted, it is likely that the person will engage in conduct of that kind, (whether or not that person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind) or if the court determines it to be appropriate, by consent of all the parties to the proceeding. Pending the determination of an application, the court may grant an interim injunction if it is desirable to do so. Clause 122 provides that a court may rescind or vary an injunction. Clause 123 provides that a person who suffers loss, injury or damage because of a contravention of clause 117 may seek damages in relation to that loss. Such a person may proceed against-- a person who has aided, abetted, counselled or procured the contravention; a person who has induced the contravention, whether by threats or promises or otherwise; a person who has been in any way, directly or indirectly, knowingly concerned in or party to, the contravention; or a person who has conspired with others to effect the contravention. 35

 


 

A proceeding must be commenced within 3 years of the cause of action accruing. An order may be made regardless of whether an injunction was granted in respect of the contravention, and a court may also order the recovery of future losses as a result of the potential loss of sponsorship of an event. PART 8--AERIAL ADVERTISING Part 8 of the Bill incorporates the provisions of the Major Events (Aerial Advertising) Act 2007 with minor refinements and provides for the regulation, management and control of aerial advertising at major sporting events in Victoria. Division 1--Application Clause 124 provides that the aerial advertising provisions apply to aerial advertising events and aerial advertising venues. Aerial advertising events are defined as-- the Boxing Day cricket test; the Australian Open Tennis Championships; the Australian Formula One Grand Prix; the Australian Motorcycle Grand Prix; the AFL Grand Final; a match in the AFL Finals Series; Caulfield Cup Day; Cox Plate Day; the Melbourne Cup Carnival; and an event specified in a major sporting event order as an aerial advertising event. Aerial advertising venues are defined as-- in relation to the Boxing Day cricket test and the AFL Grand Final, the MCG; in relation to a match in the AFL Final Series, the MCG or Docklands Stadium; in relation to the Australian Open Tennis Championships, Melbourne Park; 36

 


 

in relation to the Australian Formula One Grand Prix, the area declared by notice under section 27 of the Australian Grands Prix Act 1994; in relation to the Australian Motor Cycle Grand Prix, the Phillip Island Grand Prix Circuit; in relation to Caulfield Cup Day, the Caulfield Racecourse, in relation to Cox Plate Day, the Moonee Valley Racecourse; in relation to the Melbourne Cup Carnival, the Flemington Racecourse; and in relation to an event specified in an major sporting order as an aerial advertising event, the venue specified in that order for that event. Division 2--Aerial Advertising Clause 125 provides an indictable offence for unauthorised aerial advertising. Aerial advertising includes skywriting, towing a banner or sign with an aircraft, displaying matter on an aircraft other than the normal livery identifying the operator or manufacturer of the aircraft, displaying matter on or attaching a banner or sign to a hang glider, parachute, paraglider or similar device other than its normal markings and laser or digital projection of advertising. Commercial aerial advertising must not be displayed within sight of the event venue or area, in such a way that the content can be seen by the naked eye, without an aerial advertising authorisation, during the aerial advertising limitation time for a protected event. The aerial advertising limitation time for each event is specified in Part 1 of the Bill, in the definitions. The penalty is 400 penalty units in the case of a natural person and 2400 penalty units in the case of a body corporate. The offence does not capture aircraft that fly within sight of an event venue or area of a protected event during the specified limitation time, if the aircraft is in an emergency, being used to provide emergency services or being use to gather information for reporting the news or presenting current affairs. In addition, the offence will not apply to a person who has an aerial advertising authorisation for one event and in the course of 37

 


 

carrying out an authorised flight is within sight of another protected event during the limitation time. Clause 126 provides that an aerial advertising authorisation application must be in the manner and form determined by the Secretary. Clause 127 provides that the Secretary may authorise commercial aerial advertising after consultation with the event organiser of the relevant event. Authorisation must not be given where the Secretary opines that the display of aerial advertising would adversely affect the protected event in relation to its conduct, organisation commercial arrangements or the future conduct of an annual event. Clause 128 requires the Secretary to notify the relevant event organiser in respect of any aerial advertising authorisations provided. An event organiser who provides an aerial advertising authorisation to a person must notify the Secretary of the authorisation. Clause 129 provides that an aerial advertising authorisation application must be in writing and may contain terms and conditions determined by the Secretary. These may include the duration of the authorisation, whether the authorisation applies generally or in specified circumstances, whether the authorisation applies to specified persons or to a specified class of person, and whether the authorisation applies to a specified type of advertising or to a specified class of advertising. Clause 130 provides that the Secretary may delegate his or her powers under the aerial advertising authorisation Division, other than the power of delegation, to a public servant, body corporate established under an Act for a public purpose or to an event organiser. This differs from the existing provision in the Major Events (Aerial Advertising) Act 2007 by providing for delegation to an event organiser to provide greater flexibility in the authorisation regime. Division 3--Remedies Clause 131 provides that an event organiser or the Secretary may apply to the Supreme Court, County Court or Magistrates' Court for an injunction restraining conduct relating to unauthorised aerial advertising. Relevant conduct includes-- a contravention; attempting or conspiring to contravene; 38

 


 

aiding, abetting, counselling or procuring a person to contravene; inducing or attempting to induce a person, whether by threats, promises or otherwise, to contravene; or being in any way directly or indirectly, knowingly concerned in, or party to, the contravention. The court may grant an injunction restraining a person from engaging in the specified conduct if the court is satisfied that the person is engaging in or has been engaging in conduct of that kind (whether or not it appears that the person intends to engage again in the conduct) or if it appears, that in the event that the injunction is not granted, it is likely that the person will engage in conduct of that kind (whether or not that person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage if the person engages in conduct of that kind) or if the court determines it to be appropriate, by consent of all the parties to the proceeding. Pending the determination of an application under this section, the court may grant an interim injunction if, in the opinion of the court, it is desirable to do so. Clause 132 provides that a court may rescind or vary an injunction granted under clause 131. Clause 133 provides that a person who suffers loss, injury or damage as a result of a contravention of clause 125(1) may recover damages by proceeding against one or more persons involved in the contravention. An order for damages may include the recovery of future losses as a result of the potential loss of sponsorship of an event. A proceeding for damages must commence within 3 years of the cause of action accruing. Division 4--Aerial advertising inspection powers Clause 134 provides that an authorised officer may apply to a magistrate for a search warrant, if he or she has the approval of the Secretary and believes on reasonable grounds that there is or may be within the next 72 hours evidence of a commission of an aerial advertising offence on certain premises. If a magistrate is satisfied that there are reasonable grounds to issue a search warrant, he or she may do so, authorising an authorised officer and any other person to enter certain premises 39

 


 

and search, seize or secure against interference those things specified in the warrant, that the officer believes on reasonable grounds, to be connected to a contravention. If a type of document is specified in a search warrant, an authorised officer may require the document to be produced for inspection, examine, make copies of or take extracts from it on the premises, or remove the document for as long as is reasonably necessary to make copies or take extracts. A search warrant may also authorise making still or moving images or audio-visual recordings of specified things. Search warrants must specify the suspected offence, the premises to be searched, a description of things to be searched for, conditions, hours entry is authorised and a day within 7 days after issue on which the warrant expires. A search warrant under this Division must not authorise the arrest of a person, despite section 78 of the Magistrates' Court Act 1989. Rules specified in that Act apply to search warrants under this clause. Clause 135 provides that an authorised officer named in the warrant must announce that he or she is authorised to enter the premises and give any person an opportunity to allow entry before seeking to enter, except if he or she believes on reasonable grounds that immediate entry is required to ensure a person's safety or the effective execution of the warrant (e.g. to prevent vital evidence from being destroyed). Clause 136 provides that an authorised officer executing a search warrant must present to an occupier or representative the officer's identity card and a copy of the warrant. Clause 137 provides that search warrant issued to an authorised officer executing the search warrant may seize additional items to those of the kind described in the warrant if the officer believes, on reasonable grounds, that the thing is of a kind which could have been included the a search warrant and will provide evidence about a contravention of clause 125. The officer must believe, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the contravention of this Act. 40

 


 

Clause 138 provides that an authorised officer must not seize a thing apparently in the possession or custody of a person unless the authorised officer gives to the person a receipt for the thing seized that identifies the thing seized and the reason why it is being seized, and states the name of the authorised officer. If an authorised officer is unable to discover the identity of the lawful owner of a thing seized; or the person from whose custody a thing is seized the authorised officer must leave the receipt with, or post it to, the owner of the premises from which the thing was seized. Clause 139 provides that if an authorised officer seizes a document, a thing that can be readily copied or a storage device containing information that can be readily copied, the authorised officer must give a copy of the thing or information to the owner; or the person from whom the document, thing or device was seized as soon as is practicable after the seizure. This does not apply to any document, thing or device moved under clause 140(2) (where it is not practicable to examine items at the premises or the owner consents to their removal), or if the authorised officer is unable to discover the identity of the lawful owner or person from whom an item is seized. Clause 140 allows an authorised officer to bring onto premises any equipment reasonably necessary for the examination or processing of things found in order to determine whether they may be seized. If it is not practicable to examine or process the things at the premises or the occupier of the premises consents in writing, the things may be moved to another place so that the officer may determine whether they are things that may be seized. An authorised officer may operate equipment already at the premises in order to determine whether it is a thing that may be seized, if the authorised officer believes on reasonable grounds that the equipment is suitable and the examination can be carried out without damage to the equipment or the thing. Clause 141 provides that if a thing found at premises consists of a disk, tape or other information storage device, and equipment at the premises may be used with the thing, the authorised officer may operate, or may require the occupier or an employee of the occupier to operate, the equipment to access the information. The officer must believe on reasonable grounds that the information stored on the disk, tape or other information storage device is relevant to determine whether this Part has been contravened. 41

 


 

If an authorised officer finds that a disk, tape or other information storage device at the premises contains information that is relevant to a contravention, the officer may put the information in documentary form or copy the information to another storage device and remove it from the premises. If it is not practicable to do this the officer may seize the disk, tape or other information storage device and the equipment that enables the information to be accessed. An authorised officer must not operate or seize equipment for the purposes of this section unless he or she believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment. Clause 142 provides that an authorised officer must take reasonable steps to return a seized thing to the person from whom it was seized, if there is no longer any reason for the seizure. If the item 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 3 month period and those proceedings (including any appeal) have not been completed. Clause 143 provides that an authorised officer may apply to the Magistrates' Court within 3 months after seizing a thing or, if an extension has been granted under this section, within that extended period, for an extension of the period during which the seized thing may be retained. The Magistrates' Court may order the extension of the period during which a seized thing may be retained if satisfied that retention of the thing is necessary for the purposes of an investigation into whether an offence has been committed or to enable evidence of an offence to be obtained for the purposes of a prosecution. The Magistrates' Court may adjourn an application to enable notice of the application to be given to any person. Clause 144 provides that an authorised officer who exercises a power of entry under this Part and produces his or her identity card for inspection by a person may, to the extent that it is reasonably necessary to determine whether this Part has been contravened, require the person to give information to the authorised officer and to produce documents to the authorised officer and to give reasonable assistance to the authorised officer. A person must not refuse or fail, without reasonable excuse, to comply with a requirement made under subsection (1). The penalty for this offence is 60 penalty units. 42

 


 

Clause 145 provides that a person must not, in response to a request or requirement under this Part, give information that the person knows to be false or misleading in a material detail. The penalty for this offence is 60 penalty units. A person must not, in response to a request or requirement under this Part, produce a document that the person knows to be false or misleading in a material detail without indicating the respect in which it is false or misleading and, if practicable, providing correct information. The penalty for this offence is 60 penalty units. Clause 146 provides that it is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person. Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person. Clause 147 provides that if an authorised officer exercises a power of entry under this Part, the authorised officer must report the exercise of the power to the Secretary within 7 days after the entry. A report under subsection (1) must include all relevant details of the entry including particulars of the time and place of the entry and the purpose of the entry and the things done while on the premises entered, including details of things seized, copies made and extracts taken and the time of departure from the entered premises. Clause 148 provides that the Secretary must keep a register containing the particulars of all matters reported to the Secretary under section 147. Clause 149 provides that any person may complain to the Secretary about the exercise of a power by an authorised officer under this Part. The Secretary must investigate any complaint made to the Secretary and provide a written report to the complainant on the results of the investigation. Clause 150 provides that a person must not disclose any information that is obtained by him or her while exercising a power conferred by this Part. The penalty for this offence is 60 penalty units. Despite subsection (1), a person may disclose or use such information if the disclosure or use is made in the performance of a duty under, or in connection with, this Part or the person has the consent of the person to whom the information relates or the disclosure or use is made in legal proceedings at the direction of 43

 


 

a court or the information is in the public domain at the time it is disclosed or used. Subsection (2) is not intended to interfere with any rights another person may have with regard to the disclosure or use of the information. PART 9--SPORTS EVENT TICKETING Part 9 of the Bill incorporates the provisions of the Sports Event Ticketing (Fair Access) Act 2002 with minor refinements. Division 1--Sports ticketing event declarations Clause 151 provides that the Minister must give written notice to a sports event organiser at least 9 months prior to the event if the Minister intends to make a sports event subject to the event ticketing provisions by making a sports event ticketing declaration. Subclause (2) requires a sports event ticketing declaration to specify whether it applies to the holding of the event on a single occasion or on multiple occasions until the declaration is revoked. A declaration must also state that the sports event organiser has the opportunity to give a submission to the Minister within 14 days of receiving the notice about whether the event should be declared. Clause 152 provides that the Minister must either make the declaration or decide not to make the declaration within 14 days after the due date for a submission by the sports event organiser. The Minister must consider whether the event is major in terms of the likely number of spectators and may also consider the sports event organiser's submission and any other matters the Minister considers appropriate in making a decision. Subclause (3) requires the Minister to then notify the sports event organiser of the decision. If a sports event ticketing declaration is made, it must specify whether it applies to the holding of the event on a single occasion or on multiple occasions. Subclause (5) requires a declaration to be published in the Government Gazette. Subclause (6) provides that a declaration applies regardless of whether the sports event organiser changes. 44

 


 

Clause 153 provides that the Minister may, in writing, revoke a sports event ticketing declaration. A copy of a revocation must be given to the sports event organiser and published in the Government Gazette as soon as practicable. Division 2--Approval of ticket schemes Clause 154 provides that the sports event organiser must give the Minister a ticket scheme within 60 days of being notified that the Minister has made a declaration. The scheme must comply with the ticketing guidelines. Clause 155 enables the Minister to require further details of the ticket scheme within a specified time and also allows the Minister to extend the time period for providing a ticket scheme or further details. Clause 156 provides that in the period before receiving notice that a ticket scheme has been approved or that the Minister has refused to approve it, a sports event organiser may, with the Minister's approval, provide a replacement ticket scheme proposal. Clause 157 requires the Minister to approve or refuse to approve a ticket scheme proposed provided by a sports event organiser and to notify the sports event organiser of his or her decision within 28 days after receiving the proposal or any required further details. In the case of a refusal, the notification is required to include the reasons. The Minister may refuse to approve a ticket scheme if the proposal does not comply with the guidelines, if the sports event organiser does not provide further details as required or if the Minister considers it appropriate for any other reason. If a ticket scheme is not approved the sports event organiser may submit a replacement scheme, with the Minister's approval, for consideration under the same process. An approved ticket scheme applies to the relevant event even if the sports event organiser changes. Clause 158 provides that a sports event organiser may give the Minister a ticket scheme proposal at any time for an event that has not been declared. If this occurs the Minister may make a sports ticketing event declaration and approve the scheme, with or without modifications, if he or she considers it appropriate to do so. The Minister must notify the sports event organiser of such a decision. Any declaration and approval made in these circumstances must be made in accordance with the Bill and must be published in the Gazette. A declaration is taken to 45

 


 

have been made under this Part of the Bill but is not subject to review by VCAT. An approval is taken to have been made under clause 157. If the Minister decides against making a declaration and an approval the Minister must notify the event organiser but is not obliged to provide reasons and the decision is not reviewable by VCAT. Notification of the outcome must be provided to the event organiser within 28 days of receiving a proposal. Clause 159 provides that if a declaration applies to the holding of an event generally and there is an approved ticket scheme for the event, the sports event organiser may, with the Minister's written approval, give the Minister a replacement proposal. The Minister may require further details of the replacement proposal and may give an extension of time. The requirements of clause 157 apply to the replacement ticket scheme. If the Minister does not approve the replacement scheme the earlier approved scheme continues to apply. If the Minister approves the replacement scheme it only applies to an event held at least 9 months later. Clause 160 obliges the sports event organiser of an event with an approved ticket scheme to ensure that any authorisation to sell or distribute tickets is provided in writing and to notify the Minister of the name and contact details of each person who is given authorisation. Clause 161 enables a sports event organiser, with the Minister's written approval, to vary an approved ticket scheme at any time. Clause 162 authorises the Minister to cancel the approval of a ticket scheme by notice in writing to the sports event organiser because the event organiser fails to comply with clause 160, there has been a change in circumstances, the scheme is not operating adequately or for any other reason. An approval can only be cancelled at least 9 months before the event takes place. Notice of the cancellation must be published in the Gazette. Clause 163 provides that the Minister must make written guidelines specifying requirements for ticket scheme proposals and approved schemes. Such guidelines may require a ticket scheme to provide for a specified minimum proportion of tickets to be available for the public, place conditions on the sale or distribution of tickets in relation to unauthorised on-selling and require certain information to be printed on tickets, but may also address other matters. 46

 


 

The Minister must ensure that a copy of the ticketing guidelines is published in the Government Gazette and laid before each House of Parliament within 10 sitting days after publication. Division 3--Offences Clause 164 establishes a series of offences related to activities during the period between the sports event organiser receiving notice of the Minister's intention to make a declaration and the sports event organiser being notified of the Minister's decision regarding a declaration. This period is referred to as the "prohibited time period". During this period the sports event organiser must not, without reasonable excuse: hold the event; sell tickets to the event; or authorise tickets to be sold or distributed. A penalty of 600 penalty units for a natural person or 3000 units for a body corporate applies to each of these offences. The offences are indictable. Clause 165 creates offences related to failing to comply with an approved ticket scheme. A sports event organiser must not, without reasonable excuse, knowingly: fail to comply with the scheme; fail to ensure that a person authorised to sell or distribute tickets does so in accordance with the scheme; or sell or distribute the tickets other than in accordance with the scheme. A penalty of 600 penalty units for a natural person or 3000 units for a body corporate applies to each of these offences. The offences are indictable. Clause 166 provides that if, pursuant to a requirement of a ticket scheme, a condition that prohibits or restricts the sale or distribution of tickets by a person who is not authorised to sell or distribute tickets is printed on a ticket, a person must not knowingly breach such a condition. A penalty of 60 penalty units for a natural person or 300 units for a body corporate applies to this offence. The maximum fine payable for multiple offences in relation to a particular event on a particular day is 600 penalty units for a natural person or 3000 units for a body corporate. Offences in this section are indictable. Clause 167 provides that a charge in relation to an offence against this Part of the Bill may only be filed by the Secretary or his or her delegate. 47

 


 

Division 4--Other matters Clause 168 provides that a sports event organiser may apply to VCAT for a review of a decision by the Minister to make a declaration or refuse to approve a ticket scheme. An application for review must be made within 28 days after the later of receiving notice of the decision, receiving a statement of reasons under the Victorian Civil and Administrative Tribunal Act 1998 if requested or being informed that a statement of reasons will not be given. Clause 169 enables the Secretary to delegate his or her powers and functions under this Part of the Bill (other than the power of delegation) to a public servant. A delegate is subject to the Secretary's instructions in performing a delegated function or exercising a delegated power. Division 5--Enforcement of this Part Clause 170 applies to premises occupied by the sports event organiser of an event that is subject to an approved ticket scheme or a person authorised to sell or distribute tickets. An authorised officer may, with the consent of the occupier, enter and search premises other than residential premises for the purposes of monitoring compliance with an approved ticket scheme or investigating a contravention of the Bill that the authorised officer reasonably believes has taken place. While on the premises the authorised officer may seize anything that he or she reasonably believes to be connected to the alleged contravention and inspect, make copies of, or take extracts from any document. If an authorised officer reasonably believes that there may be evidence of a contravention at a particular property and the occupier does not consent to a search, the premises are residential or the authorised officer reasonably believes is necessary to obtain or preserve evidence of a contravention, the authorised officer may, with the Secretary's approval, apply to a magistrate for a warrant. A magistrate may issue a search warrant if he or she is satisfied there are reasonable grounds to suspect that evidence of a contravention of the ticketing provisions of the Bill may be located on the premises. A warrant may provide authority to enter the premises and search for or seize, secure, examine, inspect, copy or take extracts from a specified thing or things. Subclause (5) identifies a number of matters that must be specified in a warrant including, among other things, the purpose of the search and any conditions. A warrant must be issued in accordance with the 48

 


 

Magistrates' Court Act 1989 and regulations under that Act and relevant rules are to be observed, but a warrant under this clause must not authorise an arrest. Clause 171 requires an authorised officer, in executing a search warrant, to announce that he or she is authorised to enter the premises, unless certain conditions related to safety and effective execution of the search apply. The authorised officer must identify himself or herself, provide a copy of the warrant and, if requested, allow a reasonable opportunity for the occupier or another person at the premises to arrange for a legal practitioner to be present. Clause 172 provides that an authorised officer, with the Secretary's approval, may apply to the Magistrates' Court for an order requiring a person to answer questions, supply information or produce specified documents concerning compliance with a ticket scheme or alleged contravention of the Bill. A sports event organiser, a person authorised to sell or distribute tickets and relevant employees or agents may be subject to such requirements. The Court may make such an order if it is satisfied that there are reasonable grounds to believe there may have been instances of non-compliance or contravention. Subclause (4) provides that an order must specify when it expires, which must be no more than 28 days after it is made. Clause 173 specifies what an authorised officer may do with any documents produced to him or her in accordance with an order including, among other things, inspecting, making copies, taking extracts, seizing, securing and retaining the documents. An authorised officer must provide details of the execution of a warrant to the Magistrates' Court as soon as practicable, including the contravention in respect of which any documents were seized, and the Court may direct the officer to bring such documents before the Court. The Court may direct that a document be returned to its owner if it considers this can be done consistently with the interests of justice. Clause 174 requires an authorised officer to provide a certified copy of a seized document to the person from whom it was seized within 21 days after the seizure. A certified copy is admissible as evidence. Clause 175 states that an authorised officer must return a seized document or other thing to the person from whom it was seized if it is no longer needed for the original purpose. The authorised officer must take reasonable steps to return the document or thing if it has not been returned within 3 months, unless relevant 49

 


 

proceedings have not been completed or the Magistrates' Court makes an order extending the period for which it may be kept. An authorised officer may apply for such an order and the Court may make an order if it is satisfied that it is necessary to keep the document or thing for purposes of an investigation or proceeding. The Court may adjourn an application to enable notice to be given to a person. Clause 176 provides that it is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do in relation to event ticketing if it would tend to incriminate the person. This excuse does not, however, apply to refusal or failure to produce a document. Clause 177 makes it an offence to knowingly giving false or misleading information to an authorised officer and to knowingly give an authorised officer a document that is false or misleading without informing them that this is the case. Both offences carry a penalty of 60 penalty units. Clause 178 requires an authorised officer who has exercised the power to enter premises in relation to event ticketing to provide a report to the Secretary about the entry within 7 days. Specified details including the purpose, time and place of the entry, things done while on the premises and when the authorised officer left must be included in the report. The Secretary must keep a register containing details of such reports. Clause 179 enables a person to complain to the Secretary about an authorised officer's entry to premises and requires the Secretary to investigate the complaint and provide a written report to the complainant. Clause 180 sets out requirements for service and sending of documents in relation to the event ticketing provisions of the Bill. Clause 181 prohibits an authorised officer from giving information about a person's affairs that the authorised officer acquired in exercising his or her powers to any other person, except to the extent necessary to exercise his or her powers. A penalty of 60 penalty units applies to contravention of this provision. Sub-clause (2) specifies some exceptions to this including where information is required to be disclosed pursuant to court or tribunal proceedings, for enforcement of a law or a related investigation, or with the authority of the Secretary or permission of the person to whom the information relates. 50

 


 

Clause 182 enables an authorised officer with the Secretary's written approval to require a publisher to provide published information in the form in which it is kept by the publisher. PART 10--AUTHORISED OFFICERS Part 10 establishes a regime for the appointment and identification of authorised officers and related offences. The provisions are a combination of provisions from the Major Events (Crowd Management) Act 2003, the Major Events (Aerial Advertising) Act 2007 and the Sports Event Ticketing (Fair Access) Act 2002 and they provide for the appointment of authorised officers for different purposes as required within the Bill. Clause 183 provides for the Secretary to appoint persons as authorised officers if they hold a licence to act as a security guard or crowd controller, or to provide security guards or crowd controllers if the Secretary considers they have appropriate skills, knowledge or experience or if they are a member of a class of person that is appropriate to be appointed. An appointment must be in writing and must specify terms and conditions. It can also specify a range of other details including, for example, the functions, duties or powers the person is intended to exercise. Subclause (3) enables the Secretary to require an authorised officer to undertake training before exercising any powers, duties or functions of the role. Clause 184 requires the Secretary to issue an identity card to each authorised officer containing a photograph, the person's name and his or her specific role under the Bill. This card must be produced for inspection on request during the exercise of a power and if it is not produced the person is not authorised to exercise the power. An identity card purporting to be issued by the Secretary is evidence of appointment as an authorised officer in any proceedings under the Bill. Clause 185 prohibits obstructing or hindering an authorised officer in the course of performing his or her official role, without a reasonable excuse. The penalty for this offence is 60 penalty units. Clause 186 provides that it is an offence to impersonate an authorised officer and a penalty of 60 units applies. Clause 187 provides for the Secretary's powers, other than the power of delegation, to be delegated in writing to an executive in the public service or a body corporate established under an Act for a public purpose. 51

 


 

PART 11--ENFORCEMENT Part 11 establishes a regime for enforcement in relation to offences under the Bill. The provisions are largely a combination of provisions from the Major Events (Aerial Advertising) Act 2007 and the Sports Event Ticketing (Fair Access) Act 2002. Clause 188 specifies who can commence proceedings in relation to an offence against the Bill. This includes the Secretary, a person authorised by the Secretary, the Director of Public Prosecutions and a member of the police force. A proceeding may be taken over by another authorised person at any time. In the absence of evidence to the contrary, it must be assumed that the person bringing a proceeding was authorised to do so. Clause 189 provides that if a body corporate contravenes the Act, each officer of the body corporate is deemed to have committed the same offence if he or she knowingly authorised or permitted it. Legal action may be taken against a person whether or not it is taken against the body corporate. The liability of a body corporate for an offence against the Bill, however, is not affected by this provision. Clause 190 relates to conduct by officers, employees or agents in the context of proceedings under the Bill. It outlines standards based on the actions of officers and agents for the purposes of establishing the state of mind of a body corporate in relation to particular conduct. It also specifies circumstances in which conduct engaged in on behalf of a body corporate is deemed to have been the conduct of the body corporate itself. These circumstances include when the conduct was engaged in by an officer of the body within the scope of his or her authority or when it is engaged in by another person at the direction or with the consent of an officer. Similarly, the clause provides standards based on the actions of employees and agents for the purposes of establishing the state of mind of a person other than a body corporate in relation to particular conduct, and specifies circumstances in which conduct engaged in on behalf of such a person is deemed to have been the conduct of the person himself or herself. Subclause (5) provides that a reference to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the same. 52

 


 

Clause 191 provides that if a person, being a firm or unincorporated association, is guilty of an offence under the Bill, any reference to the person should be read as a reference to each member of a partnership or each member of the committee of management of any other unincorporated body, as the case may be. PART 12--MISCELLANEOUS Part 12 provides for matters including interaction of the Bill with the Australian Grands Prix Act 1994, service of documents and regulations. Clause 192 outlines how the Bill interacts with the Australian Grands Prix Act 1994. It provides that nothing in the Bill affects the undertaking of works in Albert Park by the Australian Grand Prix Corporation (AGPC), the exercise of a power to close roads by AGPC and the exercise of any Ministerial powers under the Australian Grands Prix Act 1994 in relation to an event area for a major sporting event or an event venue. Before undertaking works or closing roads, however, the AGPC must consult the Secretary or the event organiser about a major sporting event if those activities may affect arrangements for that event. Similarly the Minister administering the Australian Grands Prix Act 1994 must consult with the Minister administering the Bill if the proposed exercise of a power of function may affect works or facilities for the purposes of a major sporting event. Subclause (4) provides that if there is a dispute between the Secretary or the event organiser and the AGPC about matters covered by the clause in relation to a major sporting event each party may refer the matter to the Ministers for a joint decision. Clause 193 specifies how documents or notices may be served or given under the Bill (other than Part 9 which has separate arrangements specified in clause 180). Clause 194 provides for the Governor in Council to make regulations in relation to a range of matters including event venues and event areas during a major sporting event, activities in event venues and areas, behaviour of persons, entry or admission, matters relating to vehicles and vessels in event venues and event areas, penalties for contravention of the regulations and any matter or thing necessary to give effect to the Act. The clause also provides a range of parameters for regulations including, for example, that they may be of general or limited application. 53

 


 

PART 13--CONSEQUENTIAL AND OTHER AMENDMENTS TRANSITIONAL PROVISIONS AND REPEALS Part 13 provides for consequential and other amendments, transitional provisions and repeals. Division 1--Consequential and other amendments Clause 195 updates the definition of Phillip Island Grand Prix circuit in the Australian Grands Prix Act 1994 by substituting the current volume and folio references for the relevant land. Clause 196 substitutes a reference to a clause in the Bill for a reference to the Major Events (Crowd Management) Act 2003 in the definition of sentencing order in the Magistrates' Court Act 1989. Clause 197 substitutes a new clause for clause 65 of Schedule 4 of the Magistrates' Court Act 1989. Schedule 4 lists indictable offences that may be heard and determined summarily. The substituted clause refers to an offence in the Major Events (Crowd Management) Act 2003, whereas the new clause updates this by referring to the corresponding provision in the Bill. The new clause also refers to a provision in the Bill that corresponds to an offence in the Major Events (Aerial Advertising) Act 2007 (display unauthorised advertising material) that is the subject of the provision repealed by clause 198. Clause 198 repeals clause 68 of Schedule 4 of the Magistrates' Court Act 1989. Schedule 4 lists indictable offences that may be heard and determined summarily. The repealed clause refers to an offence (display unauthorised aerial advertising) in the Major Events (Aerial Advertising) Act 2007 which is to be repealed. The new clause substituted by clause 197 of the Bill includes a reference to the provision of the Bill (section 125) that corresponds to the provision referred to in the repealed clause 68. Clause 199 substitutes references to provisions in the Bill for references to the Major Events (Crowd Management) Act 2003 and the Major Events (Aerial Advertising) Act 2007, which are to be repealed. The provisions in the World Swimming Championships Act 2004 that are thereby updated provide that the Major Events (Crowd Management) Act 2003 and the Major Events (Aerial Advertising) Act 2007 do not apply to the World Swimming Championships. 54

 


 

Division 2--Repeals and transitional provisions Clause 200 repeals the Major Events (Crowd Management) Act 2003, the Major Events (Aerial Advertising) Act 2007 and the Sports Event Ticketing (Fair Access) Act 2002. Clause 201 provides that nothing in the Bill affects or limits the operation of the Interpretation of Legislation Act 1984 unless specifically indicated. Clause 202 provides for transitional arrangements pursuant to the repeal of the Major Events (Crowd Management) Act 2003. A major event declared by Order under section 5(2) of that Act, in force immediately before the commencement of this Act is deemed, on and from that commencement, to be a major sporting event for the date or dates specified in the Order as if the Order were a major sporting event order made under this Bill. A managed venue declared by Order under section 5A(1) of the Major Events (Crowd Management) Act 2003 that is in force immediately before the commencement of the Bill is deemed to be an event venue as if the Order were a major sporting event order under the Bill. Similarly, a managed access area declared under section 6(1) of the Major Events (Crowd Management) Act 2003 that is in force immediately before the commencement of the Bill is, deemed to be an event area under this Bill. Any item prohibited by a venue manager under section 10C of the Major Events (Crowd Management) Act 2003 is taken to be prohibited under clause 79 of the Bill. A ban order imposed on an offender under section 17A and in force immediately before the repeal continues as if it had been made under this Bill. Clause 203 provides for transitional arrangements pursuant to the repeal of the Major Events (Aerial Advertising) Act 2007. A specified event declared by order under section 4(1) of that Act and in force immediately before commencement of the Bill continues as if it were a major sporting event order specifying the event to be an aerial advertising event under this Bill. Clause 204 provides for transitional arrangements pursuant to the repeal of the Sports Event Ticketing (Fair Access) Act 2002. A declared event under section 8(1) of that Act immediately before the commencement of the Bill is taken to be a sports event to which a sports ticketing event declaration made under the Bill applies. An approved ticket scheme under section 11 of the Sports Event Ticketing (Fair Access) Act 2002 in force 55

 


 

immediately before the commencement of this Bill is deemed to be an approved ticket scheme under this Act. Guidelines made under section 17 of the Sports Event Ticketing (Fair Access) Act 2002 continue in force as if they were made under this Bill. Clause 205 provides for transitional arrangements whereby an authorised officer appointed under the Major Events (Crowd Management) Act 2003, the Major Events (Aerial Advertising) Act 2007 or the Sports Event Ticketing (Fair Access) Act 2002 whose appointment is in force immediately prior to the commencement of the Bill is taken to be appointed under the Bill on the same basis. Clause 206 provides that the Governor in Council may make regulations for transitional matters arising from this Act including the repeal of Acts to be consolidated by this Bill and amendments made by the Bill. The Regulations may have a retrospective effect, apply generally or in a limited way, leave matters to be decided by a specified person or class of person and provide for exemptions for persons or proceedings, or classes of persons or proceedings, from such regulations. Regulations under this clause will have effect despite anything to the contrary in any subordinate instrument or in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006. Each of the Acts that is to be repealed by, and consolidated into, the Bill contains a range of powers that may be exercised by a range of persons. The power provided by this clause can be exercised to ensure that any essential orders, authorisations, delegations, notifications or other instruments made under the Acts that are to be consolidated can be preserved if this Part has not provided a transitional provision in relation to the specific matter. 56

 


 

 


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