Version No. 020
Commonwealth Games Arrangements Act 2001
Act No. 57/2001
Version incorporating amendments as at 1 March 2006
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1.Purposes
2.Commencement
3.Definitions
3A.Declaration of Games related facilities
3B.Declaration of test events
3C.Declaration of Games periods
3D.Declaration of prohibited items
4.Act binds the Crown
4A.Extraterritorial operation
Part 1A—Melbourne 2006 Commonwealth Games Corporation
Division 1—Preliminary
4B.Objective of Part
Division 2—Melbourne 2006 Commonwealth Games Corporation
4C.Melbourne 2006 Commonwealth Games Corporation
established
4D.Corporation does not represent Crown
4E.Functions of Corporation
4F.Corporation to carry out functions in accordance with
contractual arrangements and obligations
4G.Powers of Corporation
4H.Delegation
4I.Borrowing and investment powers
Division 3—Board of Directors of Corporation
4J.Membership of Board
4K.Responsibilities of Board
4L.Board to provide information to Minister
4M.Directions to Board
4N.Duties of directors of the Board
4O.Corporation or Minister may bring proceedings
4P.Corporation not to make loans to directors
4Q.Indemnity
4R.Committees
4S.Immunity
4T.Chief executive officer
4U.Other staff
4V.Directors of M2006 transferred to Board
Part IB—Transfers
4W.Definitions
4X.Transfer of assets and liabilities from M2006 to Corporation
4Y.Corporation becomes successor in law of M2006 on dissolution date
4Z.Substitution of party to agreement
4ZA.Former instruments
4ZB.Interests in land
4ZC.Amendment of Register
4ZD.Taxes
4ZE.Evidence
4ZF.Validity of things done under this Part
4ZG.Transfer of staff
4ZH.Future terms and conditions of transferred employees
Part 2—Commonwealth Games Advisory Committees
5.Commonwealth Games Advisory Committees
6.Functions of Advisory Committees
7.Membership of Advisory Committees
8.Terms of appointment
9.Resignation and removal
10.Procedure at meetings
11.Public consultation
12.Disclosure of interests
13.Advisory Committee may continue work of existing committee
Part 3—Commonwealth Games Venues and Facilities and Games Management Areas
Division 1—Orders
14.Declaration of Commonwealth Games venue
15.Declaration of Commonwealth Games project
16.Declaration of designated access areas
17.Project Orders must designate person responsible
18.Orders to be tabled in Parliament
19.Amendment and revocation of Orders
Division 2—Application of Laws
20.Planning and Environment Act 1987
21.Heritage Act 1995
22.Environment Effects Act 1978
23.Coastal Management Act 1995
24.Crown Land (Reserves) Act 1978
25.Building Act 1993
Division 3—Role of Secretary
25A.The Secretary is a body corporate
26.Role of Secretary
27.Contracts and agreements
28.Delegation by Secretary
28AA.Delegation of prescribed powers and functions
28A.Secretary is subject to Ministerial control
28B.Department Head's powers are not affected
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 4—General Powers and Duties in Relation toCommonwealth Games Projectsand Games Management Areas
Division 1—Obtaining Land for the Purposes of a Project
29.Grant of land to Secretary
30.Surrender or divesting of land of other bodies
31.Surrender of interests in unreserved Crown land
32.Acquisition by agreement
33.Compulsory acquisition
Division 2—Compensation for Surrendered or Divested Land
34.Right to compensation on surrender or divesting
Division 3—Entry into Possession of Surrendered or Divested Land
35.Interpretation
36.Power to enter into possession
37.Entry into possession
38.Recovery of rent
39.Proceedings where refusal to give up possession
40.Residential Tenancies Act 1997 not to apply
41.Giving of notice
42.Minor misdescription not to invalidate notice
Division 4—Disposing of Land Not Required for a Project
43.Secretary may surrender land to the Crown
44.Disposing of land
Division 5—Powers Relating to Roads
44A.General powers relating to roads
44B.Closing roads
45.Temporary closure of roads
45A.Deemed permit under section 99B of Road Safety Act1986
Division 6—Government Guarantees
46.Treasurer may execute guarantees in respect of project
Division 7—Restoration of Temporary Venues or Designated AccessAreas
47.Restoration of designated access area or temporary venue
Division 8—Action by Registrar of Titles
48.Action by Registrar of Titles
Part 4A—Commonwealth Games Village
Division 1—Planning Powers
48A.Games Village
48B.Minister to have planning powers
Division 2—Revocation of Reservations on Games Village Land
48C.Revocation of reservations
48D.Consequences of revoking reservations
48E.Registrar of Titles to make necessary amendments
Part 5—Protection of Commonwealth Games Project Worksand Games Management Areas
49.Restricted access areas
50.Certificates of authorisation
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
51.Secretary may warn people to leave declared area
51A.Warning people to leave restricted access area
51B.Direction not to enter restricted access area
52.Offence to enter any part of restricted access area
53.Evidence as to area being marked off
54.Interference with activities
55.Offence not to produce certificate on demand
56.Power to remove offenders
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 5A—Commonwealth Games Commercial Arrangements
Division 1—Other Rights Not Affected
56A.Part does not derogate from other rights
56B.Part does not affect rights relating to use of business or
company names
56C.Part does not affect rights in respect of passing off
Division 2—Authorising Use of Games Related Indicia or Images
and Other Indicia or Images
56D.Corporation may authorise use of Games related indicia or images
56E.ACGA may authorise use of ACGA indicia or images
56F.CGF may authorise use of CGF indicia or images
56G.Minister may authorise non-commercial use of Commonwealth Games references
56H.Notification of authorisations by other entities
56I.What can an authorisation contain?
56J.Register of authorisations
56K.Use of Commonwealth Games references which do not need authorisation
Division 2A—Authorising Broadcasting of Commonwealth Games
56KA.Corporation may authorise broadcasting
56KB.Application for broadcasting authorisation
56KC.What can a broadcasting authorisation contain?
56KD.Determination that broadcasting authorisation not needed
56KE.Offence to broadcast without broadcasting authorisation
56KF.Offence to make recording without broadcasting
authorisation
Division 2B—Aerial Advertising
56KG.Corporation may authorise aerial advertising
56KH.Application for aerial advertising authorisation
56KI.What can an aerial advertising authorisation contain?
56KJ.Offence to display certain aerial advertising
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
Division 3—Enforcement
56L.Offence to engage in conduct that suggests sponsorship,
approval or affiliation
56M.Offence to use Games related indicia or images without authorisation
56N.Offence to use ACGA indicia or images without authorisation
56O.Offence to use CGF indicia or images without authorisation
56P.Injunctions
56Q.Power to rescind or vary injunctions
56R.Power of court to require corrective advertising
56S.Actions for damages
56T.Account of profits
56U.No entitlement to both damages and account of profits
56V.Seizure of goods and advertising material during goods
seizure period
56W.Seized goods or advertising material to be given to Office of Commonwealth Games Coordination
56X.Voluntary forfeiture to Crown
56Y.Recovery of seized goods or advertising material and compensation
56Z.Meaning of marked with indicia or images
56ZA.Court may order forfeiture to the Crown
56ZAB.Seizure of broadcasting equipment
56ZAC.Seized broadcasting equipment to be given to Office of Commonwealth Games Coordination
56ZAD.Return of broadcasting equipment within 28days
56ZAE.Application to Magistrates' Court for return of
broadcasting equipment
56ZAF.Recovery of seized broadcasting equipment and compensation
56ZAG.Film etc. to be returned within 6 months
56ZAH.Court may order forfeiture to the Crown
56ZB.Offences by corporations and partnerships etc.
Part 5B—Commonwealth Games Events and Activities in Games Management Areas
Division 1—Obstructing Games Events
56ZC.Offence to obstruct, hinder or disrupt conduct of Commonwealth Games events
56ZD.Offence to obstruct or hinder person involved in Commonwealth Games event
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 6—General
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
57.Regulations
57A.Transitional provision—Secretary
57B.Savings provision—Advisory Committees
58.Expiry
Parts7–9—repealed163
59–67.Repealed163
______
SCHEDULES
SCHEDULE 1—Land in Respect of which Reservations are Revoked
SCHEDULE 2—Membership and Procedure of Board
SCHEDULE 3—ACGA Logo and CGF Logo
SCHEDULE 4—Commonwealth Games Logos
SCHEDULE 5—Infringement Notices
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
INDEX187
1
Version No. 020
Commonwealth Games Arrangements Act 2001
Act No. 57/2001
Version incorporating amendments as at 1 March 2006
1
Commonwealth Games Arrangements Act 2001
Act No. 57/2001
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
S. 1 substitutedby No.16/2003 s.4.
1.Purposes
The main purposes of this Act are—
(a)to facilitate preparations for the Commonwealth Games to be held in Melbourne in 2006;
(b)to facilitate—
(i)the development of the CommonwealthGamesVillage; and
(ii)the development, re-development and use of the GamesVillage land after the Commonwealth Games;
S.1(c) amendedby No.64/2003 s.4(1).
(c)to provide for the development and use of Commonwealth Games projects, Commonwealth Games venues and Games related facilities, including facilities which can be used by all Victorians after the Commonwealth Games;
S.1(d) insertedby No.64/2003 s.4(2).
(d)to establish the Melbourne 2006 Commonwealth Games Corporation and provide for its powers and functions;
S.1(e) insertedby No.64/2003 s.4(2).
(e)to provide for various matters relating to the organisation and conduct of the Commonwealth Games and events and programs associated with the Commonwealth Games.
2.Commencement
s. 2
This Act comes into operation on the day after the day on which it receives the Royal Assent.
3.Definitions
(1)In this Act—
S.3(1) def. of "ACGA" insertedby No. 64/2003 s.5.
"ACGA" means the Australian Commonwealth Games Association Inc.;
S.3(1) def. of "ACGA director" insertedby No. 64/2003 s.5.
"ACGA director" means a director of the Board appointed pursuant to section 4J(2)(b);
S.3(1) def. of "ACGA indicia or images" insertedby No. 64/2003 s.11.
"ACGA indicia or images" means—
(a)the name "Australian Commonwealth Games Association";
(b) the ACGA logo, the general design of which is set out in Part 1 of Schedule3;
S.3(1) def. of "advertising on boats authorisation"insertedby No. 37/2005 s.4(1).
"advertising on boats authorisation" means an authorisation given by the Corporation under section 56KJA;
"Advisory Committee" means a Commonwealth Games Advisory Committee established under Part 2;
S.3(1) def. of "aerial advertising authorisation" insertedby No. 13/2004 s.4.
"aerial advertising authorisation" means an authorisation given by the Corporation under section 56KG;
S.3(1) def. of "Australian Common-wealth Games Team" insertedby No. 64/2003 s.11.
"AustralianCommonwealth Games Team" means the athletes and officials selected by ACGA to represent Australia in the Commonwealth Games and who are accredited by CGF as participants in the Commonwealth Games;
S.3(1) def. of "authorised officer"insertedby No. 37/2005 s.4(1).
"authorised officer" means a person appointed under Division 1 of Part 6 to be an authorised officer;
S.3(1) def. of "Board" insertedby No. 64/2003 s.5.
"Board" means the board of directors of the Melbourne 2006 Commonwealth Games Corporation;
S.3(1) def. of "broadcasting authorisation" insertedby No. 13/2004 s.4.
"broadcasting authorisation" means an authorisation given by the Corporation under section 56KA;
s. 3
S.3(1) def. of "broadcasting equipment" insertedby No. 13/2004 s.4.
"broadcasting equipment" means equipment used—
(a)to broadcast, telecast or transmit by any means whatever any sound or image; or
(b)to make a sound recording; or
(c)to make a recording of moving images, whether by film, television, video, digitally or otherwise—
and includes a film, digitally recorded images and a sound recording;
S.3(1) def. of "CGF" insertedby No. 64/2003 s.5.
"CGF" means The Commonwealth Games Federation;
S.3(1) def. of "CGF director" insertedby No. 64/2003 s.5.
"CGF director" means a director of the Board appointed pursuant to section 4J(2)(a);
S.3(1) def. of "CGF indicia or images" insertedby No. 64/2003 s.11.
"CGF indicia or images" means—
(a)the name "The Commonwealth Games Federation";
(b) the CGF logo, the general design of which is set out in Part 2 of Schedule3;
S.3(1) def. of "chief executive officer" insertedby No. 64/2003 s.5.
"chief executive officer" means the chief executive officer of the Corporation employed under section 4T;
s. 3
"Commonwealth Games" means the Commonwealth Games to be held principally in Melbourne in 2006;
S.3(1) def. of "Common-wealth Games event" insertedby No. 13/2004 s.4.
"Commonwealth Games event" means an event conducted as part of the Commonwealth Games and includes—
(a)a sporting event; and
(b)the Queen's Baton Relay; and
(c)a test event; and
(d)a live site associated with the Commonwealth Games; and
(e)a cultural event associated with the Commonwealth Games;
S.3(1) def. of "Common-
wealth Games logo" insertedby No. 64/2003 s.11.
"Commonwealth Games logo" means—
(a)a Commonwealth Games logo or any part of a Commonwealth Games logo, the general design of which is set out in Schedule 4;
(b)any other logo that is prescribed to be a Commonwealth Games logo or any part of such a logo;
"Commonwealth Games project" means a project declared under section 15 to be a Commonwealth Games project;
S.3(1) def. of "Common-
wealth Games reference" insertedby No. 64/2003 s.11.
"Commonwealth Games reference" means—
(a)any of the following words, expressions or figures—
(i)"Melbourne 2006 Commonwealth Games";
(ii)"Melbourne 2006 Games";
(iii)"Melbourne Games";
(iv)"MelbourneCommonwealth Games";
(v)"Melbourne2006";
(vi)"M2006";
(vii)"M06";
s. 3
(viii)"Australian Commonwealth Games";
(ix)"Commonwealth Games";
(x)"the Friendly Games";
(xi)any other combination of the words "Commonwealth Games" or "Games" and the numbers "2006", "18th" or "XVIIIth";
(xii)"Australian Commonwealth Games Team";
(xiii)"Commonwealth Games Cultural Program";
(xiv)"Melbourne 2006 Cultural Program";
(xv)"M06 Cultural Program";
(xvi)"Queen's Baton Relay";
(xvii)"bronze", "silver" or "gold";
(b)any words, expressions or figures that are prescribed to be Commonwealth Games references;
Note:It may be an offence under this Act to use these terms in the circumstances set out in sections 56L, 56M, 56N and 56O.
"Commonwealth Games venue" means an area declared under section 14 to be a Commonwealth Games venue;
S.3(1) def. of "Corporation" insertedby No. 64/2003 s.5.
"Corporation" means the Melbourne 2006 Commonwealth Games Corporation established under Part 1A;
"designated access area" means an area declared under section 16 to be a designated access area;
s. 3
"designated access area Order" means an Order made under section 16;
"development" has the same meaning as it has in the Planning and Environment Act 1987;
S. 3(1) def. of "distress signal" insertedby No.37/2005 s.4(1).
"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;
S. 3(1) def. of "facilities" substitutedby No.16/2003 s.5(1).
"facilities" means—
(a)facilities required for, convenient for or ancillary to the hosting of the Commonwealth Games, including, but not limited to—
(i)facilities for the conduct of sporting events;
(ii)training facilities for competitors;
s. 3
(iii)hydrotherapy facilities;
(iv)media centres and other communications facilities for the media;
(v)residential accommodation for competitors, officials and members of the media;
(vi)storage facilities for sporting, communication or other equipment;
(vii)catering facilities for sports venues, training facilities, media centres and residential accommodation;
(viii)helicopter landing facilities;
(ix)support services facilities;
(b)Games related facilities;
(c)transport facilities and other infrastructure facilities associated with—
s. 3
(i)any facilities set out in paragraph(a); or
(ii)Games related facilities;
S. 3(1) def. of "Games management area"insertedby No.37/2005 s.4(1).
"Games management area" means—
(a)a Commonwealth Games venue;
(b)a designated access area;
S. 3(1) def. of "Games period" insertedby No.37/2005 s.4(1).
"Games period" means—
(a)March 2006; or
(b)if any order under section 3C is in force, the period specified in that order;
S. 3(1) def. of "Games related facilities" insertedby No.16/2003 s.5(2).
"Games related facilities" means any works, development, infrastructure or services declared under section 3A to be Games related facilities;
S.3(1) def. of "Games related indicia or images" insertedby No. 64/2003 s.11.
"Games related indicia or images" means—
(a)a Commonwealth Games logo;
(b)an insignia that is prescribed to be a Commonwealth Games insignia or any part of such an insignia;
(c)a mascot that is prescribed to be a Commonwealth Games mascot or any part of such a mascot;
(d)a pictogram that is prescribed to be a Commonwealth Games pictogram or any part of such a pictogram;
(e)any other indicia or image that refers to or represents the Commonwealth Games and that is prescribed to be a Commonwealth Games indicia or image or any part of such an indicia or image;
(f) a Commonwealth Games reference;
S. 3(1) def. of "GamesVillage land" insertedby No.16/2003 s.5(2).
"GamesVillage land" means the land shownhatched on the plan numbered LEGL./03–014 and lodged in the Central Plan Office of the Department of Sustainability and Environment but does notinclude any land excluded under sub-section (2);
s. 3
S. 3(1) def. of "GamesVillage project" insertedby No.16/2003 s.5(2).
"GamesVillage project" means the project for—
(a)the development of the CommonwealthGamesVillage and the use of the GamesVillage land before and during the Commonwealth Games; and
(b)the development, re-development and use of the GamesVillage land after the Commonwealth Games;
S.3(1) def. of "goods seizure period" insertedby No. 64/2003 s.11.
"goods seizure period" means the period commencing on 1 January 2006 and ending on 31 March 2006;
S. 3(1) def. of "laser pointer"insertedby No.37/2005 s.4(1).
"laser pointer" means a hand-held battery-operated article designed or adapted to emit laser beams;
S.3(1) def. of "Office of Common-wealth Games Coordination" insertedby No. 64/2003 s.11.
"Office of Commonwealth Games Coordination" means staff of the Department for Victorian Communities engaged in the administration of this Act;
S.3(1) def. of "person" insertedby No. 64/2003 s.11.
"person", in Part 5A, includes a body or association (corporate or unincorporated) and a partnership;