Victorian Current Acts

MAJOR EVENTS ACT 2009

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Act binds the Crown  
   5.      Extraterritorial operation  
   6.      Application of Act  

   PART 2--ORDERS, DECLARATIONS AND GUIDELINES

           Division 1--Major sporting event orders

   7.      Governor in Council may make major sporting event order  
   8.      Content of major sporting event order  
   9.      Minister to consider certain criteria before making recommendation for major sporting event order  
   10.     Major sporting event order—event areas  
   11.     Major sporting event order—aerial advertising event  
   12.     Major sporting event order—commercial arrangements  
   13.     Consultation prior to making major sporting event order  
   14.     Major sporting event order that specifies reserved land  

           Division 2--Acts non-application orders

   15.     Acts non-application order  
   16.     Consultation prior to making Acts non-application order  

           Division 3--No compensation orders

   17.     No compensation order  
   18.     No compensation payable  

           Division 4--General matters relating to orders

   19.     Multiple orders for one event  
   20.     Date on which order takes effect  
   21.     Describing land in orders  
   22.     Orders to be laid before Parliament and certain orders subject to disallowance  
   23.     Scope of orders  
   24.     Amendment and revocation of orders  

           Division 5--Major sporting events guidelines

   25.     Major sporting events guidelines  
   26.     Failure to comply with major sporting events guidelines  

   PART 3--COMMERCIAL ARRANGEMENTS

           Division 1--Application of Part

   27.     Application of commercial arrangements provisions  
   28.     Part does not derogate from other rights  
   29.     Part does not affect rights relating to use of business or company names  
   30.     Part does not affect rights in respect of passing off  

           Division 2--Authorising use of logos, images and references

   31.     Minister may declare protected event logos or images or protected event references  
   32.     Event organiser may authorise use of protected event logos or images or protected event references  
   33.     Minister may authorise non-commercial use of protected event logos or images or protected event references  
   34.     What can an authorisation contain?  
   35.     Register of authorisations  
   36.     Use of protected event logos, images and references which do not need authorisation  
   37.     Offence to engage in conduct that suggests sponsorship, approval or affiliation  
   38.     Offence to use protected event logos or images or protected event references without authorisation  
   39.     Meaning of marked with logos or images or references  

           Division 3--Authorised broadcasting

   40.     Event organiser may authorise broadcasting  
   41.     Application for broadcasting authorisation  
   42.     What can a broadcasting authorisation contain?  
   43.     Offence to broadcast without broadcasting authorisation  
   44.     Offence to make recording without broadcasting authorisation  

           Division 4--Enforcement

   45.     Injunctions  
   46.     Power to rescind or vary injunctions  
   47.     Power of court to require corrective advertising  
   48.     Actions for damages  
   49.     Account of profits  
   50.     No entitlement to both damages and account of profits  

           Division 5--Seizure and forfeiture

   51.     Seizure of goods and advertising material during commercial arrangements period  
   52.     Seized goods or advertising material to be given to Office of Sport and Recreation Victoria  
   53.     Voluntary forfeiture to Crown  
   54.     Seizure of broadcasting equipment  
   55.     Seized broadcasting equipment to be given to Office of Sport and Recreation Victoria  
   56.     Return of broadcasting equipment within 28 days  
   57.     Application to Magistrates' Court for return of broadcasting equipment  
   58.     Power for event organiser to retain film etc. for up to 6 months  
   59.     Recovery of things seized and compensation  
   60.     Court may order forfeiture to the Crown  

   PART 4--CROWD MANAGEMENT

           Division 1--Application of Part

   61.     Application of crowd management provisions  

           Division 2--Managing crowd behaviour

   62.     Offence to possess prohibited items  
   63.     Offence to possess lit distress signal or fireworks  
   64.     Offence to throw lit distress signal or firework  
   65.     Offence to possess unlit distress signal or fireworks  
   66.     Alcohol in event venues and event areas  
   67.     Entry into sporting competition space  
   67A.    Offence to deface or damage sporting competition space or structure in that space  
   68.     Offence to throw or kick projectiles  
   69.     Offence to damage or deface  
   70.     Offence to damage flora  
   71.     Offence to block stairs, exits or entries  
   72.     Offence to climb on fence, barrier or barricade  
   73.     Offence to obstruct view of seated person  
   74.     Offence to climb roof or parapet of building  
   74A.    Offence to enter a venue without a ticket or authority  

           Division 3--Authorisations

   75.     Venue manager or event organiser may authorise certain activities  
   76.     What can an authorisation contain?  
   77.     Offence to fail to comply with terms and conditions  
   78.     Production of authorisation  

           Division 4--Dealing with prohibited items

   79.     Powers of venue managers to prohibit other items  
   80.     Surrender or confiscation of prohibited items  
   81.     Police may retain or otherwise deal with prohibited item for purpose of proceedings  
   82.     Storage of surrendered items or confiscated items at event venues  

           Division 5--Dealing with offenders

   83.     Direction to leave event venue or event area  
   84.     Directions to leave—disruptive behaviour etc.  
   85.     Refusal to leave event venue or event area and re‑entry  
   86.     Repeat offenders  
   87.     Ban orders  
   88.     Power to require name and address  
   88A.    Requirement to produce evidence of name and address  
   89.     Refusal to give name and address  
   90.     Inspection  
   90A.    Disclosure of information  

           Division 6--Infringements

   91.     Infringement notices, penalties and offences  

   PART 5--APPLICATION OF OTHER ACTS

   92.     Application of Part  
   93.     Planning and Environment Act 1987  
   94.     Heritage Act 2017  
   95.     Environment Effects Act 1978  
   96.     Marine and Coastal Act 2018  
   97.     Crown Land (Reserves) Act 1978 and Land Act 1958  
   98.     Building Act 1993  
   99.     Limitation on powers to make local laws  
   100.    Noise and light  

   PART 6--GENERAL OPERATIONAL ARRANGEMENTS

           Division 1--Application of Part

   101.    Application  

           Division 2--Access control by event organiser

   102.    Event organiser to manage event venues and event areas during operational arrangements period  

           Division 3--Removal of offenders by police

   103.    Power to remove offenders  
   104.    Interference with activities  

           Division 4--Vehicle and vessel access and removal

   105.    Vehicles and vessels in event venue or event area  
   106.    Parking or leaving vehicles or mooring or anchoring vessels in an event venue or event area  
   107.    Removal of vehicles or vessels obstructing event venue or event area  

           Division 5--Road closures and road modifications

   108.    Definition of traffic  
   109.    Temporary closure of roads  
   110.    Temporary modification of roads  
   111.    Duration of powers  
   112.    Deemed permit under section 99B of Road Safety Act 1986  
   113.    Road Safety Act 1986 not to apply  

           Division 6--Restoration of areas

   114.    Event venues and event areas to be restored to reasonable condition  

   PART 7--ADVERTISING OTHER THAN AERIAL ADVERTISING

   115.    Application  
   116.    Prohibition of unauthorised advertising  
   117.    Offence to display unauthorised advertising on vessels  
   118.    Event organiser may authorise advertising on vessels  
   119.    Application for advertising on vessels authorisation  
   120.    What can an advertising on vessels authorisation contain?  
   121.    Injunctions to restrain conduct  
   122.    Power to rescind or vary injunctions  
   123.    Action for damages  

   PART 8--AERIAL ADVERTISING

           Division 1--Application

   124.    Application of aerial advertising provisions  

           Division 2--Aerial advertising

   125.    Offence to display unauthorised aerial advertising  
   126.    Application for aerial advertising authorisation  
   127.    Secretary may authorise aerial advertising  
   128.    Notification of aerial advertising authorisations  
   129.    Content of aerial advertising authorisation  
   130.    Delegation under this Division by Secretary  

           Division 3--Remedies

   131.    Injunctions to restrain conduct  
   132.    Power to rescind or vary injunctions  
   133.    Action for damages  

           Division 4--Aerial advertising inspection powers

   134.    Search warrant  
   135.    Announcement before entry  
   136.    Copy of warrant to be given to occupier  
   137.    Seizure of things not mentioned in the warrant  
   138.    Receipt must be given for any thing seized  
   139.    Copies of certain seized things to be given  
   140.    Use of equipment to examine or process things  
   141.    Use or seizure of electronic equipment at premises  
   142.    Return of seized things  
   143.    Court may extend period  
   145.    False or misleading information  
   146.    Protection against self-incrimination  
   147.    Entry to be reported to the Secretary  
   148.    Register of exercise of powers of entry  
   149.    Complaints  
   150.    Disclosure of information  

   PART 9--SPORTS EVENT TICKETING

           Division 1--Sports ticketing event declarations

   151.    Notice of intention to make a sports ticketing event declaration  
   152.    Sports ticketing event declaration  
   153.    Minister may revoke sports ticketing event declaration  

           Division 2--Approval of ticket schemes

   154.    Requirement to lodge a ticket scheme proposal for sports ticketing event  
   155.    Further details and extensions  
   156.    Replacement ticket scheme proposal  
   157.    Decision to approve a ticket scheme  
   158.    Ticket scheme proposal for an event that has not been declared  
   159.    Replacement proposal if declaration applies to the event generally  
   160.    Authorisations to sell or distribute tickets  
   160A.   Register of authorised ticket package sellers  
   160B.   Copy of register of authorised ticket package sellers to be provided to Minister  
   160C.   Information to be included in advertising of tickets as part of a ticket package  
   161.    Variation of approved ticket scheme  
   162.    Cancellation of approval of ticket scheme  
   163.    Ticketing guidelines  

           Division 3--Offences

   164.    Holding event before there is an approved ticket scheme  
   165.    Failing to comply with an approved ticket scheme  
   166.    Selling event tickets contrary to the ticket conditions  
   166A.   Sale of 5 or less tickets at a premium (scalping)  
   166B.   Advertising for resale of 5 or less tickets at a premium  
   166C.   Unauthorised sale of tickets as part of a ticket package  
   166D.   Advertising unauthorised sale of tickets as part of a ticket package  
   166E.   Falsely claiming to be authorised to sell tickets as part of a ticket package  
   166F.   Mandatory advertising requirements for resale of tickets  
   166G.   Failing to provide accurate information in advertising tickets for resale  
   167.    Who can commence proceedings for offences?  
   167A.   Infringement notices, penalties and offences for this Part  
   167B.   Seizure of tickets  
   167C.   Temporary surrender of tickets by purchaser for evidentiary purposes  
   167D.   Retention of tickets seized from scalper for purpose of proceedings  
   167E.   Application by scalper to Magistrates' Court for return of tickets  
   167F.   Forfeiture to the Crown  

           Division 4--Other matters

   168.    VCAT review of certain decisions  
   169.    Delegation by Secretary  

           Division 5--Enforcement of this Part

   170.    Entry or search of premises with consent or with a warrant  
   171.    Announcement before entry  
   174.    Copies of seized documents  
   175.    Return of seized documents or things  
   176.    Protection against self-incrimination  
   177.    Offence of giving false or misleading information  
   178.    Entry to be reported to Secretary  
   179.    Complaints about exercise of powers  
   180.    Service and sending of documents under this Part  
   181.    Confidentiality  
   182.    Requirement to publish or produce information  

   PART 9A--MAJOR EVENT TICKETING

   182A.   Notice of intention to make a major event ticketing declaration  
   182B.   Request for a major event ticketing declaration  
   182C.   Major event ticketing declaration  
   182D.   Minister may revoke major event ticketing declaration  
   182E.   Price to be displayed on tickets  
   182F.   Ticket scalping (6 or more tickets)  
   182G.   Ticket scalping (5 or less tickets)  
   182GA.  Register of authorised ticket package sellers  
   182GB.  Copy of register of authorised ticket package sellers to be provided to Minister  
   182GC.  Information to be included in advertising of tickets as part of a ticket package  
   182GD.  Unauthorised sale of tickets as part of a ticket package  
   182GE.  Advertising unauthorised sale of tickets as part of a ticket package  
   182GF.  Falsely claiming to be authorised to sell tickets as part of a ticket package  
   182GG.  Mandatory advertising requirements for resale of tickets  
   182GH.  Failing to provide accurate information in advertising tickets for resale  
   182H.   Who can commence proceedings for offences against this Part?  
   182I.   Infringement notices, penalties and offences for this Part  
   182J.   Seizure of tickets  
   182K.   Temporary surrender of tickets by purchaser for evidentiary purposes  
   182L.   Retention of tickets seized from scalper for purpose of proceedings  
   182M.   Application by scalper to Magistrates' Court for return of tickets  
   182N.   Forfeiture to the Crown  
   182O.   VCAT review of certain decisions  

   PART 10--AUTHORISED OFFICERS AND AUTHORISED TICKETING OFFICERS

   183.    Appointment of authorised officers  
   183A.   Appointment of authorised ticketing officers  
   184.    Identification of authorised officers and authorised ticketing officers  
   185.    Offence to hinder or obstruct authorised officer or authorised ticketing officer  
   186.    Offence to impersonate authorised officer or authorised ticketing officer  
   186A.   Power of authorised ticketing officer to require name and address  
   186B.   Requirement to produce evidence of name and address to authorised ticketing officer  
   186C.   Refusal to give name and address to authorised ticketing officer  
   186D.   Disclosure of information by authorised ticketing officer  
   187.    Delegation by Secretary  

   PART 11--ENFORCEMENT

   188.    Who can bring proceedings for offences?  
   189.    Offences by bodies corporate  
   190.    Conduct by officers, employees or agents  
   191.    Actions by firms and unincorporated association  

   PART 12--MISCELLANEOUS

   192.    Interaction with Australian Grands Prix Act 1994  
   193.    Service of documents  
   194.    Regulations  

   PART 13--CONSEQUENTIAL AND OTHER AMENDMENTS, TRANSITIONAL PROVISIONSAND REPEALS

           Division 2--Repeals and transitional provisions

   200.    Repeal of Acts  
   201.    Interpretation of Legislation Act 1984  
   202.    Major Events (Crowd Management) Act 2003—transitional provisions  
   203.    Major Events (Aerial Advertising) Act 2007—transitional provisions for specified events  
   204.    Sports Event Ticketing (Fair Access) Act 2002—transitional provisions  
   205.    Authorised officers  
   205A.   Major Sporting Events Amendment Act 2013—transitional provisions  
   205B.   Major Events Legislation Amendment (Ticket Scalping and Other Matters) Act 2018—transitional provision  
   205C.   Major Events Legislation Amendment (Unauthorised Ticket Packages and Other Matters) Act 2022—transitional provision  
   205D.   Major Events Legislation Amendment (Unauthorised Ticket Packages and Other Matters) Act 2022—grace period  
   206.    Regulations dealing with transitional matters  
           ENDNOTES