Commonwealth Games Arrangements (Miscellaneous Amendments) Act 2005
Act No. 37/2005
table of provisions
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Part 1—Preliminary
1.Purpose
2.Commencement
3.Principal Act
Part 2—Development and Management Powers
4.Definitions
5.Test events
6.New sections 3C and 3D inserted
3C.Declaration of Games periods
3D.Declaration of prohibited items
7.Amendments to Part 3 of Principal Act
8.New section 28AA inserted
28AA.Delegation of prescribed powers and functions
9.New Part 3A inserted
Part 3A—Exemptions from other Laws
28C.Application
28D.Limitation on powers to make local laws
28E.Order declaring that section 28D applies
28F.Noise and light
28G.Crown Land (Reserves) Act 1978 and other Acts
28H.Major Events (Crowd Management) Act 2003 does not apply
Part 3—Management of Games Management Areas
10.Restricted access areas
11.New sections 50A and 50B inserted
50A.Declaration of persons authorised to be in restricted access areas other than during Games period
50B.Authorisation to be in restricted access areas by Corporation during Games period
12.New sections 51A and 51B inserted
51A.Warning people to leave restricted access area
51B.Direction not to enter restricted access area
13.Offences in restricted access areas
14.Power to remove offenders
15.New Part 5AA inserted
Part 5AA—Management of Games Management Areas
56AA.Application of Part
56AB.Secretary to manage Games management areas during Games period
56AC.Committees of management, land managers and other persons
56AD.Games management areas to be restored to reasonable condition
56AE.Designated access area to be restored to reasonable condition
56AF.Removal of vehicles obstructing Games management area
Part 4—Management of Events and Crowd Control
16.Part 4 heading amended
17.Temporary closure of roads
18.New section 45A inserted
45A.Deemed permit under section 99B of Road Safety Act1986
19.New Division 2C of Part 5A inserted
Division 2C—Advertising on Boats
56KJA.Corporation may authorise advertising on boats
56KJB.Application for advertising on boats authorisation
56KJC.What can an advertising on boats authorisation
contain?
56KJD.Offence to display advertising on boats
20.Part heading amended and New Division heading inserted
21.Disrupting events
22.New section 56ZE and Divisions 2 to 6 of Part 5B inserted
56ZE.Entry to playing fields
Division 2—Crowd Control in Games Management Areas
56ZF.Prohibition of advertisements
56ZG.Offence to damage or deface
56ZH.Offence to erect structures or display sign or banner
56ZI.Offence to block stairs, exits or entries
56ZJ.Offence to climb on fence, barrier or barricade
56ZK.Offence to throw or kick projectiles
56ZL.Offence to use loud hailer etc.
56ZM.Offence to conduct surveys or solicit money etc.
56ZN.Hawking or sale of goods or services
56ZO.Bringing in goods for sale or distribution
56ZP.Tickets
56ZQ.Busking in Games management areas
56ZR.Alcohol
56ZS.Vehicles in Games management area
56ZT.Parking or leaving vehicles in Games management area
56ZU.Prohibited items
56ZV.Surrender or confiscation of prohibited items
56ZW.Storage of prohibited items surrendered or confiscated
56ZX.Confiscation of other items
56ZY.Storage, return and destruction of items surrendered or confiscated
56ZZ.Storage fee
56ZZA.Direction to leave Games management area
56ZZB.Repeat offenders
Division 3—Advertising
56ZZC.Prohibition of unauthorised advertising
Division 4—Authorisation of Certain Activities by
Secretary
56ZZD.Secretary may authorise certain activities
56ZZE.Secretary may revoke authorisation
56ZZF.Declaration of class of persons
Division 5—Authorisation of certain activities by the Corporation
56ZZG.Corporation may authorise certain activities
56ZZH.Application for authorisation under this Division
56ZZI.What can an authorisation under this Division
contain?
Division 6—Authorisations Under Divisions 4 and 5
56ZZJ.Offence to fail to comply with terms and conditions
56ZZK.Production of authorisation
Part 5—Authorised Officers and Other Enforcement Matters
23.New Divisions 1 to 4 of Part 6 inserted
Division 1—Authorised Officers
57AA. Appointment of authorised officers
57AB.Identification of authorised officers
57AC.Offence to hinder or obstruct authorised officer
57AD.Offence to impersonate authorised officer
57AE.Monitoring
57AF.Delegation under this Part by Secretary
Division 2—Powers of Authorised Officers
57AG.Power to require name and address
57AH.Refusal to give name and address
57AI.Inspection—ticketed venues
Division 3—Miscellaneous Enforcement Matters
57AJ.Infringement notices
57AK.Police may use reasonable force to remove person
Division 4—Miscellaneous
57AL.No compensation
24.New Schedule 5 inserted
SCHEDULE 5—Infringement Notices
Part 6—Other Amendments
25.Regulations
26.Offences by corporation and partnerships etc.
27.Expiry
28.Statute law revision
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Endnotes
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Victoria
No. 37 of 2005
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Commonwealth Games Arrangements (Miscellaneous Amendments) Act 2005[†]
[Assented to 27 July 2005]
1
Act No. 37/2005
Commonwealth Games Arrangements (Miscellaneous Amendments) Act 2005
1
Act No. 37/2005
Commonwealth Games Arrangements (Miscellaneous Amendments) Act 2005
The Parliament of Victoriaenacts as follows:
1
Part 6—Other Amendments
Commonwealth Games Arrangements (Miscellaneous Amendments) Act 2005
Act No. 37/2005
Part 1—Preliminary
1.Purpose
The main purpose of this Act is to amend the Commonwealth Games Arrangements Act 2001—
(a)to provide for the management and regulation of areas, whether on land or water, being used for the Commonwealth Games and associated events;
(b)to exempt Commonwealth Games venues, facilities and other areas from various laws to facilitate the efficient delivery of the Games;
(c)to make various other amendments necessary for—
(i)the effective conduct of the Commonwealth Games and associated events; or
(ii)the effective operation of that Act;
(d)to provide for other miscellaneous matters.
2.Commencement
s. 2
This Act comes into operation on the day after the day on which it receives the Royal Assent.
3.Principal Act
See:
Act No.
57/2001.
Reprint No. 1
as at
5 November 2003
and amending
Act Nos
12/2004, 13/2004 and 108/2004.
LawToday:
dpc.vic.
gov.au
In this Act, the Commonwealth Games Arrangements Act 2001 is called the Principal Act.
______
Part 2—Development and Management Powers
4.Definitions
s. 4
(1)In section 3(1) of the Principal Act, insert the following definitions—
' "advertising on boats authorisation" means an authorisation given by the Corporation under section 56KJA;
"authorised officer" means a person appointed under Division 1 of Part 6 to be an authorised officer;
"distress signal" means a pyrotechnic device intended for signalling, warning, rescue or similar purposes, and includes marine flares and signals, landing flares, highway fusees, line-carrying rockets, anti-hail rockets, cloud rockets, avalanche rockets and smoke generators;
"Games management area" means—
(a)a Commonwealth Games venue;
(b)a designated access area;
"Games period" means—
(a)March 2006; or
(b)if any order under section 3C is in force, the period specified in that order;
"laser pointer" means a hand-held battery-operated article designed or adapted to emit laser beams;
"prohibited item" means—
(a)an animal (other than, if the person is blind, deaf or otherwise suffering a disability, a guide dogused by that person or to assist that person);
(b)a laser pointer;
(c)fireworks or a distress signal;
(d)a dangerous article within the meaning of the Control of Weapons Act 1990;
(e)a whistle or loud hailer;
(f)a public address system, electronic equipment, broadcast equipment or similar device which may interfere with broadcast equipment or similar devices being used by the Secretary, the Corporation or a person authorised under this Act to use such equipment or devices;
(g)a prohibited weapon or controlled weapon within the meaning of the Control of Weapons Act 1990, the possession of which would constitute an offence under that Act;
s. 4
(h)a firearm within the meaning of the Firearms Act 1996,the possession of which would constitute an offence under that Act;
(i)a flag or banner which—
(i)is larger than 1 metre by 1 metre; or
(ii)has a handle longer than 18metres;
(j)a bicycle, scooter, skateboard, roller skates or roller blades;
(k) any items which are in such a quantity that a reasonable person could inferthat those items are to be used for commercial purposes;
(l) any item which the Minister declares under section 3D to be a prohibited item;
"restricted access area" means an area that has been marked off or caused to be marked off under section 49;
"ticketed venue" means a Commonwealth Games venue to which entry is only permitted by a ticket issued by or on behalf of the Corporation;
"vehicle" has the same meaning as it has in the Road Safety Act 1986;'.
(2)In section 3(1) of the Principal Act, for the definition of "Secretary" substitute—
s. 4
' "Secretary" means—
(a)in Division 1 of Part 6, the person who for the time being is the Department Head under the Public Administration Act 2004 of the Department for Victorian Communities;
(b)except in Division 1 of Part 6, the bodycorporate constituted under section 25A;'.
(3)After section 3(2) of the Principal Act insert—
'(3)If under the Public Administration Act 2004 the name of the Department for Victorian Communities is changed, the reference in sub-section (1) in the definition of "Secretary" to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.'.
5.Test events
s. 5
At the end of section 3B of the Principal Act insert—
"(2)An Order made under sub-section (1) may specify that—
(a)all the provisions of the Act or only particular provisions of the Act as specified in the Order apply to the test event; or
(b)all the provisions of the regulations or only particular provisions of the regulations as specified in the Order apply to the test event; or
(c)a combination of the provisions referred to in paragraphs (a) and (b) as specified in the Order apply to the test event.".
6.New sections 3C and 3D inserted
After section 3B of the Principal Act insert—
"3C.Declaration of Games periods
(1)The Minister, by order published in the Government Gazette, may declare that a period specified in the order is a Games period for the purposes of this Act.
(2)An order under sub-section (1)—
(a)must specifya Games period not exceeding 90days which includes March 2006 or part of March 2006;
(b)may specify different Games periods for different Games management areas;
(c)may be of general or limited application;
(d)may differ according to differences in time, place or circumstance.
3D.Declaration of prohibited items
(1)Subject to sub-section (2), the Minister may declare any item to be a prohibited item for the purposes of this Act.
(2)The Minister must consult with the Minister administering the Control of Weapons Act 1990 and the Minister administering the Fair Trading Act 1999 before making a declaration under this section.
(3)A declaration under sub-section (1) must be published in the Government Gazette.".
7.Amendments to Part 3 of Principal Act
s. 7
(1)In the heading to Part 3 of the Principal Act, after "FACILITIES" insert "AND GAMES MANAGEMENT AREAS".
(2)At the foot of section 14(1) of the Principal Act insert—
'Note: The definition of "land" in section 38 of the Interpretation of Legislation Act 1984includes land covered by water.'.
(3)Aftersection 14(3) of the Principal Act insert—
"(4)Before the Minister makes a venue Order in respect of land to which the National Parks Act 1975 applies, the Minister must consult with the Minister administering that Act.".
(4) In section 15(1)(a)(i) of the Principal Act, after "venue" insert "or a designated access area".
(5)After section 16(2) of the Principal Act insert—
'(3) If a proposed designated access area or any part of a proposed designated access area is land to which the National Parks Act 1975 applies, the Minister must consult with the Minister administering that Act before making a designated access area Order in respect of that land.
Note:The definition of "land" in section 38 of the Interpretation of Legislation Act 1984includes land covered by water.'.
8.New section 28AA inserted
s. 8
After section 28 of the Principal Act insert—
"28AA.Delegation of prescribed powers and functions
The Secretary, in writing, must delegate to the Corporation any prescribed powers or functions or any prescribed class of powers or functions under this Act or the regulations.".
9.New Part 3A inserted
After Part 3 of the Principal Act insert—
"Part 3A—Exemptions from other Laws
28C.Application
Nothing in this Part limits the effect or operation of any other exemptions applying to a Games management area under this Act or any other law.
28D.Limitation on powers to make local laws
(1)This section applies during—
(a)a Games period; or
(b)any period other than a Games period if an order under section 28E is in force.
(2)A Council must not make a local law under the Local Government Act 1989 for or with respect to—
(a)a Games management area; or
(b)the carrying out of works for the purposes of the development or use of a Games management area, including the timing of works (including hours for building) for, and standards of, construction of those works; or
(c)restricting the emanation of noise or light from a Games management area; or
(d)restricting the use of any road for access to or egress from a Games management area.
(3) Without limiting sections 111(2), 111(3) and 111(4) of the Local Government Act 1989, a local law, whether made before or after the commencement of this section, is inoperative to the extent that it makes provision for or with respect to or affecting any matter or thing referred to in sub-section (2).
(4)Without limiting sub-section (3), a local law is inoperative to the extent that it is inconsistent with the exercise of any powers or functions under this Act—
s. 9
(a)by the Corporation; or
(b)by the Secretary.
(5)Without limiting sub-section (3), a local law is inoperative to the extent that it has the effect of, or is exercised in a manner directed at, preventing, hindering or disrupting the Secretary or the Corporation 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.
28E.Order declaringthat section 28D applies
s. 9
(1)The Governor in Council, by order published in the Government Gazette, may declare that section 28D or any provision of section 28D applies during a period other than a Games period.
(2)An order under sub-section (1)—
(a)must specify the period for which it applies—
(i)not being a Games period; and
(ii)not exceeding 6 months;
(b)must specify that the whole of section28D applies or the specific provisions of section 28D in respect of which the order applies;
(c)must specify the Commonwealth Games venues or Games management areas to which it applies;
(d)may specify specific local laws or classes of local laws in respect of whichsection 28D applies or a specific provision of section 28D applies;
(e) may be of general or limited application;
(f)may differ according to differences in time, place or circumstance.
28F.Noise and light
Nothing in the Health Act 1958 or the Local Government Act 1989 or regulations or local laws under those Acts applies in respect ofnoise or light emanating froma Games management area.
28G.CrownLand (Reserves) Act 1978 and other Acts
(1) Despite anything to the contrary in the Land Act 1958, any Crown grant, theCrownLand (Reserves) Act 1978,any reservation under either of those Acts or any regulations made under either of those Acts, land in a Games management area may be entered and used for any of the following purposes—
(a)the preparation or conduct of a Commonwealth Games eventor any associated event, activity or program or any activity ancillary to any such event, activity or program;
(b)the use or development of a Games management area;
s. 9
(c)the provision, development or use of facilities;
(d)any commercial or promotional activities associated with, or ancillary to, the Commonwealth Games or a Commonwealth Games event;
(e)any other purpose necessary for the carrying out of functionsor powers under this Act.
(2) Despite anything to the contrary in the National Parks Act 1975, the State Sport Centres Act 1994, the Melbourne and Olympic Parks Act 1985, the Melbourne Cricket Ground Act 1933, the Albert Park Land Act 1972, the Environment Effects Act 1978or any regulations made under any of those Acts, the Secretary or the Corporation may carry out any functions or powers under this Act.
28H.Major Events (Crowd Management) Act 2003 does not apply
The Major Events (Crowd Management) Act 2003 does not apply to a Commonwealth Games event or to a Games management area despite—
(a)that event being conducted in a managed venue within the meaning of that Act; or
s. 9
(b)that Games management area or any part of that area being a managed venue within the meaning of that Act.".
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Part 3—Management of Games Management Areas
10.Restricted access areas
s. 10
(1)In the heading to Part 5 of the Principal Act, after "WORKS" insert "AND GAMES MANAGEMENT AREAS".
(2)In section 49(d) of the Principal Act, after "access area" insert "and the restrictions (if any) which apply in relation to that area".
(3)In section 50(1) of the Principal Act—
(a)after "holder" insert "or class of employee or person";
(b)in paragraph (a) after "employee" insert
"or class of employee";
(c)in paragraph (b)—
(i)after "person" insert "or class of person";
(ii)after "project" insert "or for any other purpose necessary for, or related to, the safe or effective management or conduct of the Commonwealth Games or a Commonwealth Games event.".
11.New sections 50A and 50B inserted
After section 50 of the Principal Act insert—
"50A.Declaration of personsauthorised to be in restricted access areas other than during Games period
(1)The Secretary, by declaration, may authorise a class of person or classes of persons to enter and remain on any part of a restricted access area for any of the following purposes or any combination of those purposes—
(a)the preparation or conduct of, or participation in, the Commonwealth Games, a Commonwealth Games event or any associated event, activity or program;
(b)the carrying out of any activity associated with or ancillary to the matters specified in paragraph (a);
(c)the use and occupation of the GamesVillage;
(d)the use of any facilities.
(2)A declaration under sub-section (1)—
(a)must specify the class of person or classes of persons to whom the authorisation applies;
s. 11
(b)must specify the terms and conditions (if any) to which the authorisation is subject;
(c)subject to paragraph (d), may specify—
(i)the period during which the authorisation applies; and
(ii)the area to which the authorisation applies;
(d)must not specify a period which is a Games period;
Note:See section 50B.
(e) may be of general or limited application;
(f)may differ according to differences in time, place or circumstance.
(3)A declaration under sub-section (1) must be published in the Government Gazette.
50B. Authorisation to be in restricted access areas by Corporation duringGames period
(1)The Corporation may authorise a person, a class of person or classes of persons to enter and remain on any part of a restricted access area during a Games period for any of the following purposes or any combination of those purposes—
(a)the preparation or conduct of, or participation in, the Commonwealth Games, a Commonwealth Games event or any associated event, activity or program;