Version No. 013
Major Events (Crowd Management) Act 2003
No. 19 of 2003
Version incorporating amendments as at 8 April 2009
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
Part 2—Managed Venues and Major Events
4Managed venues
5Major events
5ADeclared managed venues
6Managed access areas
6AIdentifying managed access areas
7Orders to be tabled in Parliament
8Amendment and revocation of Orders
Part 3—Crowd Management
9Inspection
10Offence to possess prohibited items
10AOffence to possess lit distress signal or fireworks
10BOffence to possess unlit distress signal or fireworks
10CPowers of venue managers
11Alcohol in managed venues and managed access areas
12Surrender of prohibited items
13Storage of items at managed venues
14Entry to playing fields etc.
14AOffence to throw or kick projectiles
14BOffence to damage or deface
14COffence to damage flora
14DOffence to block stairs, exits or entries
14EOffence to climb on fence, barrier or barricade
14FOffence to obstruct view of seated person
14GOffence to climb roof or parapet of building
14HOffence to throw lit distress signal or fireworks
14IDirection to leave managed venue or managed access area
15Disruptive behaviour prohibited
16Refusal to leave managed venue or managed access area and reentry
Part 4—Proceedings
17Repeat offenders
17ABan orders
18Power to serve infringement notice
19, 20Repealed
21Infringement penalty
22–24Repealed
Part 5—General
25Authorised officers
26Identification of authorised officers
27Delegation by Secretary
28Regulations
Part 6—Repealed
29–32Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 013
Major Events (Crowd Management) Act 2003
No. 19 of 2003
Version incorporating amendments as at 8 April 2009
1
Major Events (Crowd Management) Act 2003
No. 19 of 2003
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1Purpose
The purpose of this Act is to promote the safety and enjoyment of participants and spectators at certain venues and major events.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 July 2003, it comes into operation on that day.
3Definitions
(1)In this Act—
authorised officer means—
(a)a person appointed to be an authorised officer under section 25; or
(b)a member of the police force;
S. 3(1) def.of ban order insertedby No.80/2005 s.4(1).
ban order means an order imposed by a court under section 17A;
S. 3(1) def.of Bob Jane Stadium insertedby No.80/2005 s.4(1).
Bob Jane Stadium means the stadium shown shaded grey on lodged plan LEG./05–398 lodged in the Central Plan Office established under the Survey Co-ordination Act 1958;
dangerous goodshas the same meaning as in section 3(1) of the Dangerous Goods Act 1985;
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;
Docklands Stadium means the stadium in the area bounded by La Trobe Street, Wurundgeri Way, Bourke Street and Harbour Esplanade in the docklands area within the meaning of the Docklands Authority Act 1991;
S. 3(1) def.of football insertedby No.80/2005 s.4(1).
football includes soccer;
laser pointer means a hand-held battery-operated article designed or adapted to emit laser beams;
managed access area means an area of land that is declared under section 6 to be a managed access area;
s. 3
major event means an event that is referred to in section 5(1);
S. 3(1) def.of managed venue amendedby Nos80/2005 s.4(2)(a)(b), 29/2006 s.3(Sch. 1 item22).
managed venue means—
(a)a venue that is referred to in section 4; or
(b)an area of land that is specified in an Order made under section 5(2); or
(c)a venue declared by Order made under section 5A(1) to be a managed venue;
S. 3(1) def.of Melbourne Cricket Ground amendedby No.15/2009 s.36(3).
Melbourne Cricket Ground has the same meaning as Ground in the Melbourne Cricket Ground Act 2009;
Melbourne Sports and Aquatic Centre landhas the same meaning as in the StateSport Centres Act 1994;
s. 3
national tennis centre land has the same meaning as in the Melbourne and Olympic Parks Act 1985;
Olympic Park land has the same meaning as in the Melbourne and Olympic Parks Act 1985;
PhillipIsland Grand Prix circuit has the same meaning as in the Australian Grands Prix Act 1994;
S. 3(1) def.of prohibited item insertedby No.80/2005 s.4(1).
prohibited item means—
(a)an animal (other than, if the person is blind, deaf or otherwise suffering a disability, a guide dog);
(b)a laser pointer;
(c)a distress signal;
(d)dangerous goods;
(e)a whistle or loud hailer;
(f)a prohibited weapon or controlled weapon within the meaning of the Control of Weapons Act 1990 whose possession would constitute an offence under that Act;
(g)a bicycle, skateboard, roller skates, roller blades or a scooter;
(h)a firework;
(i)a horn or bugle;
S. 3(1) def. of Secretary amendedby No.108/2004 s.117(1) (Sch.3 item122.1).
Secretary means the person who for the time being is the Department Head under the Public Administration Act 2004of the Department for Victorian Communities;
State Netball and Hockey Centre land has the same meaning as in the State Sport Centres Act 1994;
s. 3
venue manager means the person who is responsible (whether fully or substantially) for—
(a)the organisation and use of the venue; or
(b)the receipt of revenue from the venue.
S. 3(2) amendedby No.108/2004 s.117(1) (Sch.3 item122.2).
(2)If under the Public Administration Act 2004the name of the Department for Victorian Communities is changed, the reference in subsection (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.
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Part 2—Managed Venues and Major Events
4Managed venues
s. 4
The following venues are managed venues for the purposes of this Act—
(a)Melbourne Cricket Ground;
(b)Phillip Island Grand Prix circuit;
(c)the Docklands Stadium;
(d)any building on Melbourne Sports and Aquatic Centre land;
(e)any building on State Netball and Hockey Centre land;
(f)national tennis centre land;
S. 4(g) amendedby No.80/2005 s.5(a).
(g)Olympic Park land;
S. 4(h) insertedby No.80/2005 s.5(b).
(h)the Bob Jane Stadium.
5Major events
(1)The following events are major events for the purposes of this Act—
(a)the Australian Open Tennis Championships;
(b)any Australian Football League match held at the Melbourne Cricket Ground or the Docklands Stadium;
(c)any international or interstate cricket match held at the Melbourne Cricket Ground or the Docklands Stadium;
S. 5(1)(d) amendedby No.80/2005 s.6(a).
(d)any event that is the subject of an Order made undersubsection (2);
S. 5(1)(e) insertedby No.80/2005 s.6(b).
(e)any international, national or state league football match held at a managed venue.
(2)Subject to subsection (3), the Minister, by Order published in the Government Gazette, may declare an event to be a major event if the Minister is of the opinion that it is in the public interest to do so.
(3)If a proposed major event is to take place on land which is reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978, the Minister must consult with the Minister administering the Crown Land (Reserves) Act1978 before making an Order under subsection (2) in respect of that land.
s. 5
(4)An Order made under subsection (2) must specify—
(a)any area of land on which the event is to take place; and
(b)the venue manager of any land on which the event is to take place; and
(c)the date or dates on which the event is to take place.
(5)Without limiting the use of any other means to describe land, an Order made under subsection(2) 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 Co-ordination Act 1958.
(6)An area of land referred to in an Order made under subsection (2) is deemed to be a managed venue for the purposes of this Act.
S. 5A insertedby No.80/2005 s.7.
5ADeclared managed venues
s. 5A
(1)Subject to subsection (2), the Minister, by Order published in the Government Gazette, may declare a venue to be a managed venue if the Minister—
(a)is of the opinion that it is in the public interest to do so; and
(b)is satisfied that the proposed managed venue—
(i)hosts, or is suitable to host, international, national or state level events; and
(ii)has the capacity to be set up for major events either permanently or temporarily; and
(iii)has clear entry and exit points; and
(iv)has clear boundaries delineating the field of play.
(2)If a proposed managed venue is on land which is reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978, the Minister must consult with the Minister administering the Crown Land (Reserves) Act 1978 before making an Order under subsection (1) in respect of that land.
(3)An Order made under subsection (1)—
(a)must specify the area of land on which the managed venue is located; and
(b)must specify the venue manager of any managed venue; and
(c)may specify the date or dates on which the venue is to be a declared managed venue if the Order applies for a limited time only.
(4)Without limiting the use of any other means to describe land, an Order made under subsection(1) 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.
6Managed access areas
s. 6
(1)Subject to subsection (2), the Minister, by Order published in the Government Gazette, may declare an area adjacent to a managed venue to be a managed access area for the purposes of this Act.
(2)If a proposed managed access area or any part of a proposed managed access area is land which is reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978, the Minister must consult with the Minister administering the Crown Land (Reserves) Act 1978 before making an Order under subsection (1) in respect of that land.
(3)An Order made under subsection (1) must specify—
(a)the relevant area of land; and
(b)the date or dates on which the relevant area of land is a managed access area.
(4)Without limiting the use of any other means to describe land, an Order made under subsection(1) 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 Co-ordination Act 1958.
S. 6A insertedby No.80/2005 s.8.
6AIdentifying managed access areas
(1)A venue manager must identify or cause to be identified a managed access area by erecting signs or notices or causing signs or notices to be erected on or in close proximity to the area stating that the area is a managed access area.
(2)Subsection (1) does not limit a venue manager's power to delineate a managed access area by means in addition to signs or notices.
7Orders to be tabled in Parliament
s. 6A
The Minister must cause an Order made under this Part to be laid before each House of Parliament within 7 sitting days of that House after the Order is published in the Government Gazette.
8Amendment and revocation of Orders
(1)The Minister, by Order published in the Government Gazette, may amend or revoke an Order made under this Part.
(2)This Part applies to the amendment or revocation of an Order made under this Part in the same way as it does to the making of an Order.
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Part 3—Crowd Management
9Inspection
s. 9
(1)An authorised officer may—
S. 9(1)(a) amendedby No.80/2005 s.9(1).
(a)request a person to produce and open for inspection, and search by an authorised officer any bag, basket, or other receptacle that the person intends to take into or has in a managed venue or managed access area;
S. 9(1)(ab) insertedby No.80/2005 s.9(2).
(ab)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 a managed venue or managed access area;
S. 9(1)(ac) insertedby No.80/2005 s.9(2).
(ac)request a person who intends to enter or has entered a managed venue or managed access area to turn out that person's pockets;
(b)request a person who intends to enter a managed venue or managed access area—
(i)to walk through screening equipment;
(ii)to allow an officer to pass hand-held screening equipment over or around the person or around things in the person's possession;
(iii)to allow things in the person's possession to pass through screening equipment or to be examined by X-ray.
S. 9(1A) insertedby No.80/2005 s.9(3).
(1A)If a request under subsection (1)(ab) or (1)(ac) ismade of a person by an authorised officer—
(a)the person may request that the inspection be conducted in private; and
(b)the authorised officer must conduct the inspection in a private area set aside by the venue manager for that purpose.
S. 9(1B) insertedby No.80/2005 s.9(3).
(1B)For the purposes of inspection and search under this section, an authorised officer may—
(a)search through any bag, basket or other receptacle; or
(b)search through and move the contents of that bag, basket or other receptacle; or
(c)search through and move the contents of a person's pockets turned out in accordance with subsection (1)(ac).
(2)An authorised officer may direct a person not to enter the managed venue or managed access area for a period of 24 hours if the person refuses to comply with a request made under subsection (1).
(3)An authorised officer may direct a person who is in a managed venue or managed access area and who refuses to comply with a request under subsection (1) to leave the managed venue or managed access area and not re-enter the managed venue or managed access area for a period of 24hours.
(4)In this section—
screening equipment means a metal detector or similar device for detecting objects or particular substances.
S. 10 substitutedby No.80/2005 s.10.
10Offence to possess prohibited items
s. 10
(1)A person in a managed venue or a managed access area must not possess a prohibited item except with the written authorisation of the venue manager.
Penalty:20 penalty units.
(2)This section does not apply to the following prohibited items—
(a)distress signals;
(b)fireworks.
S. 10A insertedby No.80/2005 s.10.
10AOffence to possess lit distress signal or fireworks
s. 10A
A person in a managed venue or a managed access area must not have in his or her possession any lit distress signal or lit firework except with the written authorisation of the venue manager.
Penalty:30 penalty units.
S. 10B insertedby No.80/2005 s.10.
10BOffence to possess unlit distress signal or fireworks
A person in a managed venue or a managed access area must not have in his or her possession any unlit distress signal or unlit firework except with the written authorisation of the venue manager.
Penalty:20 penalty units.
S. 10C insertedby No.80/2005 s.10.
10CPowers of venue managers
(1)Nothing in the definition of prohibited item in section 3 prevents a venue manager from prohibiting any item not referred to in that definition from being brought into the managed venue or managed access area for which the venue manager is responsible.
(2)A venue manager may authorise in writing any person or class of persons to possess a prohibited item or class of prohibited item in a managed venue or managed access area.
11Alcohol in managed venues and managed access areas
S. 11(1) amendedby No.80/2005 s.11.
(1)Subject to subsection (2), a person in a managed venue or managed access area must not have in his or her possession any alcohol that has not been purchased at the managed venue or managed access area in accordance with the Liquor Control Reform Act 1998.
Penalty:20 penalty units.
(2)A person in a managed venue or managed access area may have alcohol in his or her possession that has not been purchased at the managed venue or managed access area in accordance with the Liquor Control Reform Act 1998 if the venue manager has authorised the possession of such alcohol.
12Surrender of prohibited items
s. 11
S. 12(1) substitutedby No.80/2005 s.12.
(1)An authorised officer may request a person to surrender any item that—
(a)is a prohibited item which the person has in his or her possession in contravention of section 10, 10A or10B; or
(b)a venue manager has prohibited being brought into a managed venue or managed access area under section 10C(1) which the person has brought into that venue or that area; or
(c)a person has in his or her possession in contravention of section 11.
(2)An authorised officer may direct a person not to enter the managed venue or managed access area for a period of 24 hours if the person refuses to comply with a request under subsection (1).
(3)An authorised officer may direct a person who is in a managed venue or a managed access area and who refuses to comply with a request under subsection (1) to leave the managed venue or managed access area and not re-enter the managed venue or managed access area for a period of 24hours.
13Storage of items at managed venues
s. 13
(1)A venue manager must ensure that an item thathas been surrendered by a person in compliance with a request under section 12(1) is—
(a)stored at the managed venue or managed access area in a secure manner in accordance with directions made by the Minister from time to time and provided by the Minister to the venue manager; and
(b)returned to the person upon request when the person leaves the managed venue or managed access area or within 28 days after the item is so surrendered.
(2)An item that is not collected by the person who surrendered it in compliance with a request under section 12(1) must be stored by the venue manager until—
(a)the person requests the item's return; or
(b)the expiration of 28 days after the item was surrendered—
whichever happens first.
(3)Despite anything to the contrary in this section, if—
(a)a surrendered item is a prohibited weapon or a controlled weapon within the meaning of the Control of Weapons Act 1990 whose possession would constitute an offence under that Act, 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;
S. 13(3)(b) amendedby No.80/2005 s.13(a)(b).
(b)a surrendered item is a dangerous good, laser pointer, distress signal, firework or other item prohibited by the venue manager under section 10C(1) and the item is not collected within 28 days after it was surrendered, the venue manager must destroy the item;
(c)a surrendered 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;
(d)a surrendered item not referred to in paragraph (a) or (b) is not collected within 28 days after it was surrendered, the venue manager may sell the item and retain the proceeds of the item's sale.
14Entry to playing fields etc.
s. 14
(1)A person must not enter a playing field, track or arena within a managed venue unless the person—
(a)is participating in a cricket match, football match, game, sport or event held with the permission of the venue manager; or
(b)is engaged in the control or management of any such cricket match, football match, game, sport or event; or
(c)has, or is a member of a class of person that has, been given permission by the venue manager to go on the playing field, track or arena.
Penalty:10 penalty units.
(2)While on a playing field, track or arena, a person must not, without reasonable excuse, disrupt a cricket match, football match, game, sport or event unless the person—
(a)is participating in a cricket match, football match, game, sport or event held with the permission of the venue manager; or