Major Events (Aerial Advertising) Act 2007

Major Events (Aerial Advertising) Act 2007

No. 13 of 2007

table of provisions

SectionPage

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

Part 2—Events and Venues

4Event Orders

5Variation Orders

6Date Order takes effect

7Orders to be presented to Parliament

8Orders in respect of land

9Amendment and revocation of Orders

Part 3—Control of Aerial Advertising

10Offence to display unauthorised aerial advertising

11Application for aerial advertising authorisation

12Secretary may authorise aerial advertising

13Content of aerial advertising authorisation

14Notification of aerial advertising authorisations

15Delegation under this Part by Secretary

Part 4—Remedies

16Injunctions to restrain conduct

17Power to rescind or vary injunctions

18Action for damages

Part 5—Enforcement

Division 1—Authorised officers

19Appointment of authorised officers

20Specified training

21Identification of authorised officers

22Delegation

Division 2—Inspection powers

23Search warrant

24Announcement before entry

25Copy of warrant to be given to occupier

26Seizure of things not mentioned in the warrant

27Receipt must be given for any thing seized

28Copies of certain seized things to be given

29Use of equipment to examine or process things

30Use or seizure of electronic equipment at premises

31Return of seized things

32Court may extend period

33Power of authorised officer to require information or
documents

34False or misleading information

35Protection against self-incrimination

36Offence to hinder or obstruct authorised officer

37Offence to hold oneself out to be authorised officer

38Entry to be reported to the Secretary

39Register of exercise of powers of entry

40Complaints

41Disclosure of information

Part 6—General

42Service of documents

43Who can bring proceedings for offences?

44Offences by bodies corporate

45Conduct by officers, employees or agents

46Actions by firms

47Regulations

Part 7—Amendments to Other Acts

48Amendment of Magistrates' Court Act 1989

68Major Events (Aerial Advertising) Act2007

49New section 69A inserted—World Swimming Championships Act 2004

69AMajor Events (Aerial Advertising) Act 2007 does
not apply

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Endnotes

INDEX41

SectionPage

Victoria

SectionPage

Major Events (Aerial Advertising) Act 2007[†]

No. 13 of 2007

[Assented to 8 May 2007]

Major Events (Aerial Advertising) Act 2007
No. 13 of 2007

The Parliament of Victoriaenacts:

Part 7—Amendments to Other Acts

Major Events (Aerial Advertising) Act 2007
No. 13 of 2007

Part 1—Preliminary

1Purpose

Themainpurpose of this Act is to provide for the regulation, management and control of aerial advertising at major events in Victoria.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Definitions

s. 3

In this Act—

advertising means any form of communication (including selling or giving away any goods or services) made to the public or a section of the public in relation to any—

(a)goods or services;

(b)brand of goods or services;

(c)person who provides goods or services;

aerial advertising includes—

(a)skywriting or sign writing by an aircraft;

(b)a banner or other sign towed by or attached to an aircraft;

(c)matter displayed on an aircraft, other than its normal markings and livery identifying the operator of that aircraft or the manufacturer of that aircraft;

(d)matter displayed on—

(i)a hang glider, parachute, paraglider or similar device, other than its normal markings; or

(ii)a banner or sign attached to a hang glider, parachute, paraglider or similar device;

(e)a banner or sign attached to a person suspended from a hang glider, parachute, paraglider or similar device;

(f) any laser or digital projection of advertising;

aerial advertising authorisation means an authorisation given under section 12;

AFL Grand Final means the Australian Football League Grand Final;

aircraft includes an airship, a blimp, a hot-air balloon, a helicopter or an ultra-light aircraft;

Australian Formula One Grand Prixhas the same meaning as"Formula One event"has in the Australian Grands Prix Act 1994;

Australian Grand Prix Corporationmeans the Australian Grand Prix Corporation established by theAustralian Grands Prix Act 1994;

s. 3

Australian Motorcycle Grand Prixhas the same meaning as "Australian Motorcycle Grand Prix event"has in the Australian Grands Prix Act 1994;

Australian Open Tennis championships means the Grand Slamtennis championships conducted annually by Tennis Australia in Melbourne;

authorised officer means a person appointed as an authorised officer under Division 1 of Part 5;

Boxing Day cricket test means the cricket test match held at the MCGcommencing on 26December in each year;

Caulfield Cup Day means the third Saturday before Melbourne Cup Day;

Caulfield Racecourse means the land described in Item 2 of Schedule 2 to the Racing Act 1958;

Cox Plate Day means the second Saturday before Melbourne Cup Day;

event Order means an order made under section 4;

event organiser means—

(a)in relation to the Boxing Day cricket test, Cricket Australia ABN53006089130;

(b)in relation to the Australian Open Tennis Championships, Tennis Australia ABN 61 006 281 125;

(c)in relation to the Australian Formula One Grand Prix, the Australian Grand Prix Corporation;

(d)in relation to the Australian Motor Cycle Grand Prix, the Australian Grand Prix Corporation;

(e)in relation to the AFL Grand Final, the Australian Football League ABN97489912318;

s. 3

(f)in relation to Caulfield Cup Day, the Melbourne Racing Club ABN96267203634;

(g)in relation to Cox Plate Day, the Moonee Valley Racing Club ABN45806588917;

(h)in relation to the Melbourne Cup Carnival, the Victoria Racing Club Limited ACN 119214078;

(i)in relation to an event to which an event Order applies, the person or body specified in that Order;

firmmeans a partnership or other unincorporated body but does not include a trust;

Flemington Racecourse means the land described in Item 4 of Schedule 2 to the Racing Act 1958;

MCG means the "Ground" within the meaning of the Melbourne Cricket Ground Act 1933;

Melbourne Cup Carnival means the event that consists of the following race meetings—

(a)Victoria Derby Day;

(b)Melbourne Cup Day;

(c)Oaks Day;

(d)Stakes Day;

Melbourne Cup Day means the first Tuesday in November;

MelbourneParkhas the same meaning as it has in the Melbourne and Olympic Parks Act 1985;

s. 3

Moonee Valley Racecourse means the land described in Item 7 of Schedule 2 to the Racing Act 1958;

Oaks Day means the first Thursday after Melbourne Cup Day;

person includes a firm;

Phillip Island Grand Prix Circuit has the same meaning as it has in the Australian Grands Prix Act 1994;

Secretary means the person who for the time being is the Department Head under the Public Administration Act 2004 of the Department for Victorian Communities;

specified event means—

(a)the Boxing Day cricket test;

(b)the Australian Open Tennis Championships;

(c)the Australian Formula One Grand Prix;

(d)the Australian Motorcycle Grand Prix;

(e)the AFL Grand Final;

(f)Caulfield Cup Day;

(g)Cox Plate Day;

(h)the Melbourne Cup Carnival;

(i)an event to which an event Order applies;

s. 3

specified timemeans—

(a)in relation to the Boxing Day cricket test, from 9.00 a.m. until 7.00p.m. on each day of that event;

(b)in relation to the Australian Open Tennis Championships, from 9.00a.m. until midnight on each day of that event;

(c)in relation to the Australian Formula One Grand Prix, from the later of—

(i)the opening time fixed by regulations made under the Australian Grands Prix Act 1994; or

(ii)9.00a.m.—

on each day of that event until the closing time fixed by regulationsmade under that Act;

(d)in relation to the Australian Motor Cycle Grand Prix, from 9.00 a.m. until 7.00p.m. on each day of that event;

(e)in relation to the AFL Grand Final, from 9.00 a.m. until 7.00p.m. on the day of that event;

(f)in relation to Caulfield Cup Day, from 2 hours before the advertised starting time of the first race until 2 hours after the actual starting time of the last race on the day of that event;

(g)in relation to Cox Plate Day, from 2hours before the advertised starting time of the first race until 2 hours after the actual starting time of the last race on the day of that event;

s. 3

(h)in relation to the Melbourne Cup Carnival, from 2 hours before the advertised starting time of the first race until 2 hours after the actual starting time of the last race on each day of that event;

(i)in relation to an event to which an event Order applies, the starting time and the finishing time specified in that Order;

specified venue means—

(a)in relation to the Boxing Day cricket test, the MCG;

(b)in relation to the AFL Grand Final, the MCG;

(c)in relation to the Australian Open Tennis Championships, MelbournePark;

(d)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 respect of the year specified in that notice;

(e)in relation to the Australian Motor Cycle Grand Prix, the Phillip Island Grand Prix Circuit;

(f)in relation to Caulfield Cup Day, the Caulfield Racecourse;

(g)in relation to Cox Plate Day, the Moonee Valley Racecourse;

(h)in relation to the Melbourne Cup Carnival, the Flemington Racecourse;

(i)in relation to an event to which an event Order applies, the venue specified in that Order;

Stakes Day means the first Saturday after Melbourne Cup Day;

variation Order means an order made under section5;

s. 3

Victoria Derby Day means the first Saturday before Melbourne Cup Day.

______

Part 2—Events and Venues

4Event Orders

s. 4

(1)The Governor in Council,on the recommendation of the Minister, by Order published in the Government Gazette may declare an event to be a specified event for the purposes of this Act.

(2)Before making a recommendation under subsection (1), the Minister—

(a)must be satisfied that—

(i)the event is a major event at the international or national level; and

(ii)the event has commercial arrangements that are likely to be adversely affected by unauthorised aerial advertising; and

(iii)the operations of the event are likely to be adversely affected by unauthorised aerial advertising; and

(b)must have regard to—

(i)the size of the event; and

(ii)the likely media coverage of the event; and

(iii)the projected economic impact of the event; and

(iv)the contribution to Victoria's international profile as a host of major events.

(3)An event Order must specify—

(a)the date on which the event is to be conducted;

(b) the venue where the event is to be conducted;

(c)the time in respect of each day of the event when this Act applies;

(d)the event organiser in relation to the specified event.

Note

Under section 37(c) of the Interpretation of Legislation Act 1984, words in the singular include the plural.

5Variation Orders

s. 5

(1)The Governor in Council,on the recommendation of the Minister, by Order published in the Government Gazette may, for the purposes of this Act,change—

(a)the specified venue in relation to a specified event;

(b)the specified time in relation to a specified event;

(c)the event organiser in relation to a specified event;

(d)a combination of the matters referred to in paragraphs (a) to (c).

(2)A variation Order must specify whether the change specified in the Order is ongoing or,if the change is for a limited period, the specific dates on which the change applies.

(3)A variation Order which changes a specified venue in relation to a specified event must state the new venue in relation to the specified event.

(4)A variation Order which changes the specified time in relation to a specified event must state the new specified time in relation to each day of the specified event.

(5)A variation Order which changes the event organiser in relation to a specified event must state the new event organiser in relation to the specified event.

6Date Order takes effect

s. 6

An Order under this Part takes effect—

(a)on the date that the Order is published in the Government Gazette; or

(b)if a later date is specified in the Order, on that later date.

7Orders to be presented to Parliament

The Minister must cause an Order made under this Part to be presented to each House of Parliament within 7 sitting days of that House after the Order is published in the Government Gazette.

8Orders in respect of land

(1)Without limiting the use of any other means to describe land, an Order under this Part may describe land by reference to a plan of survey attached to the Order or lodged in the Central Plan Office established under the Survey Coordination Act 1958.

(2)If a proposed specified venue or any part of a proposed specified venue is land which is reserved or deemed to be reserved under the CrownLand (Reserves) Act 1978, the Minister must consult with the Minister administering that Act before making a recommendation under section 4 or 5 in respect of that land.

9Amendment and revocation of Orders

(1)The Governor in Council, by Order published in the Government Gazette, may amend or revoke an Order made under this Part.

(2)This Part applies to the amendment of an Order made under this Part in the same way as it does to the making of an Order.

(3)This Part, except for section 4(2), applies to the revocation of an Order made under this Part in the same way as it does to the making of an Order.

s. 9

______

Part 3—Control of Aerial Advertising

10Offence to display unauthorised aerial advertising

s. 10

(1)During the specified time in relation to a specified event, a person must not display commercial aerial advertising, or cause commercial aerial advertising to be displayed, without an aerial advertising authorisation if—

(a)that advertising is within sightof the specified venue where the specified event is being conducted; and

(b)that advertising is displayed in such a manner that the content can be seen by the human eyewithout the aid of optical apparatus other than contact lenses or spectacles.

Penalty:400 penalty units, in the case of a natural person;

2400 penalty units, in the case of a body corporate.

(2)Subsection (1) does not apply toa person who flies an aircraftwithin sight of a specified venue during the specified time in relation to a specified event being conducted at that venue—

(a)in an emergency; or

(b)if the aircraft is used for, orin, the provision of emergency services; or

(c)for the purposes of gathering information for the reporting of news and the presentation of current affairs.

(3)Despite subsection (1), a person does not commit an offence against that subsection if the person has an aerial advertising authorisation for another specified event at another specified venue and the person carries out the activity referred to in subsection (1) in the course of conducting an activity authorised by that aerial advertising authorisation.

11Application for aerial advertising authorisation

s. 11

An application for an aerial advertising authorisation must be made in the manner and form determined by the Secretary.

12Secretary may authorise aerial advertising

(1)Subject to subsections (2) and (3), the Secretary may authorise a person to display commercial aerial advertising, or cause commercial aerial advertising to be displayed—

(a)within sight of the specified venue where the specified event is being conducted; and

(b)in such a manner that the content can be seen by the human eye without the aid of optical apparatus other than contact lenses or spectacles.

(2)The Secretary must not give an aerial advertising authorisation if, in the opinion of the Secretary, the display of aerial advertising would adversely affect—

(a)the organisation or conduct of the relevant specified event; or

(b)any other commercial arrangements relating to the relevant specified event; or

(c)in the case of a specified event conducted annually, the future conduct of that event.

(3)The Secretary must not give an aerial advertising authorisation unless the Secretary has first consulted with the event organiser.

13Content of aerial advertising authorisation

s. 13

(1)An aerial advertising authorisation must be in writing.

(2)An aerial advertising authorisation is subject to any terms and conditions which the Secretary believes are reasonable to impose including but not limited to—

(a)the duration of the aerialadvertising authorisation;

(b)whether the aerial advertising authorisation applies generally or in specified circumstances;

(c)whether the aerial advertising authorisation applies to a specified person or persons or to a specified class or classes of person;

(d)whether the aerial advertising authorisation applies to a specified type of advertising or to a specified class or classes of advertising.

14Notification of aerial advertising authorisations

(1)If the Secretary gives an aerial advertising authorisation, the Secretary must cause the event organiser of the specified event to which the authorisation relates to be notified of that authorisation.

(2)If the Secretary delegates a power of the Secretary under this Part to a person referred to in section 15(b) who is the event organiser and that person gives an aerial advertising authorisation to any person, the event organiser must cause the Secretary to be notified of that aerial advertising authorisation.

15Delegationunder this Part by Secretary

s. 15

The Secretary, in writing, may delegate any of the powers of the Secretary under this Part, other than this power of delegation, to—

(a)a person employed under Part3 of the Public Administration Act 2004 as an executive within the meaning of that Act; or

(b)a body corporate established under an Act for a public purpose.

______

Part 4—Remedies

16Injunctions to restrain conduct

s. 16

(1)The Minister, Secretary or an event organiser may apply to the Supreme Court, County Court or Magistrates' Court for the grant of an injunction restraining a person from engaging in conduct that constitutes—

(a)a contravention of section 10; or

(b)attempting or conspiring to contravene section 10; or

(c)aiding, abetting, counselling or procuring a person to contravene section 10; or

(d)inducing or attempting to induce a person, whether by threats, promises or otherwise, to contravene section 10; or

(e)being in any way directly or indirectly, knowingly concerned in, or party to, the contravention by a person of section 10.

(2)On an application under subsection (1), thecourt may grant an injunction restraining a person from engaging in conduct of the kind referred to in paragraphs (a) to (e) of subsection (1)—

(a)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 to the court that the person intends to engage again or continue to engage in the conduct; or

(b)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

(c)if the court determines it to be appropriate, by consent of all the parties to the proceeding, whether or not the person has engaged in, or is likely to engage in, conduct of that kind.

(3)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—

(a)whether or not it appears to the court that the person intends to engage in or continue to engage in conduct of the kind referred to in paragraphs (a) to (e) of subsection (1); or