World Swimming Championships Act 2004

Version No. 005

World Swimming Championships Act 2004

No. 95 of 2004

Version incorporating amendments as at 9 May 2007

table of provisions

SectionPage

1

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4Act binds the Crown

5Extraterritorial operation

Part 2—2007 World Swimming Championships Corporation

6Objective of Part

72007 World Swimming Championships Corporation established

8Corporation does not represent Crown

9Functions of Corporation

10Powers of Corporation

11Delegation

12Borrowing and investment powers

13Appointment of Board

14Membership and procedure of Board

15Responsibilities of Board

16Board to provide information to Minister

17Directions to Board

18Duties of members of the Board

19Corporation or Minister may bring proceedings

20Corporation not to make loans to members

21Indemnity

22Immunity

23Committees

24Chief executive officer

25Other staff

Part 3—2007 World Swimming Championships Advisory Committees

262007 World Swimming Championships Advisory Committees

27Membership and procedure of Advisory Committees

28Functions of Advisory Committees

29Public consultation

30Report to Minister

Part 4—Ministerial Orders

31Minister may declare name or title of the Championships, event or activity

32Declaration of Championships venue

33Designated access areas

34Orders in respect of reserved land

35Orders may refer to plan of survey or lodged plans

36Declaration of event period

37Declaration of access period

38Consultation with Corporation

39Amendment and revocation of orders

40When does order come into effect?

41Orders to be tabled in Parliament

Part 4A—The Secretary

41APowers and functions

41BContracts and agreements

41CSecretary is subject to Ministerial control

41DDepartment Head's powers are not affected

41EDelegation by Secretary

Part 5—Application of Other Laws

42Planning and Environment Act 1987

43Heritage Act 1995

44Environment Effects Act 1978

45Coastal Management Act 1995

46Crown Land (Reserves) Act 1978

47Conservation, Forests and Lands Act 1987

48Melbourne and Metropolitan Board of Works Act1958

49Albert Park Land Act 1972

50Building Act 1993

50ALimitation on powers to make local laws

50BNoise and light

50CMajor Events (Crowd Management) Act 2003 does not apply

50DAustralian Grands Prix Act 1994

Part 5A—Works at, and Management of, Championships Venues and Designated Access Areas

Division 1—Roads

50ETemporary closure of roads

50FDeemed permit under section 99B of Road Safety Act1986

Division 2—Restricted access areas

50GRestricted access areas

50HAuthorisation by Corporation to be in restricted access areas during event period

50IDeclaration of persons authorised to be in restricted access areasother than during event period

50JOffence to enter any part of restricted access area

50KWarning people to leave restricted access area

50LDirection not to enter restricted access area

50MInterference with activities

50NOffence not to produce authorisation on demand

50OPower to remove offenders

Division 3—Management during Championships

50PApplication of Division

50QSecretary to manage Championships venues and designated access areas during event period

50RCommittees of management, land managers and other persons

50SChampionships venues and designated access areas to be restoredto reasonable condition

50TVehicles and vessels in Championships venue or designated access area

50UParking or leaving vehicles or mooring or anchoring vessels in Championships venue or designated access area

50VRemoval of vehicles or vessels obstructing Championships venueor designated access area

Part 6—Commercial Arrangements

Division 1—Application of Part

51Part does not derogate from other rights

52Part does not affect rights relating to use of business or companynames

53Part does not affect rights in respect of passing off

Division 2—Authorising use of logos, images and references

54Corporation may authorise use of WSC logos or images or WSCreferences

55What can an authorisation contain?

56Register of authorisations

57Use of WSC references which do not need authorisation

58Offence to engage in conduct that suggests sponsorship, approvalor affiliation

59Offence to use WSC logos or images or WSC references withoutauthorisation

Division 3—Authorising broadcasting of Championships

60Corporation may authorise broadcasting

61Application for broadcasting authorisation

62What can a broadcasting authorisation contain?

63Offence to broadcast without broadcasting authorisation

64Offence to make recording without broadcasting authorisation

Division 4—Aerial advertising and advertising on boats

65Corporation may authorise aerial advertising

66Corporation may authorise advertising on boats

67Application for advertising authorisation under this Division

68What can an advertising authorisation under this Division contain?

69Offence to display certain advertising

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

Division 5—Advertising generally

70Prohibition of unauthorised advertising

Division 6—Enforcement relating to WSC logos, images and references

71Injunctions

72Power to rescind or vary injunctions

73Power of court to require corrective advertising

74Actions for damages

75Account of profits

76No entitlement to both damages and account of profits

Division 7—Seizure and forfeiture

77Seizure of goods and advertising material during goods seizure period

78Seized goods or advertising material to be given to Office of Sport and Recreation Victoria

79Voluntary forfeiture to Crown

80Seizure of broadcasting equipment

81Seized broadcasting equipment to be given to Office of Sport andRecreation Victoria

82Return of broadcasting equipment within 28days

83Application to Magistrates' Court for return of broadcasting equipment

84Power for Corporation to retain film etc. for up to 6months

85Recovery of things seized and compensation

86Court may order forfeiture to the Crown

Division 8—Miscellaneous

87Meaning of marked with logos or images or references

88Offences by corporations and partnerships etc.

Part 6A—Championships Events and Crowd Management

Division 1—Behaviour in venues and designated access areas

88APossession of prohibited items

88BPossessing lit distress signal or fireworks

88CPossessing unlit distress signal or fireworks

88DThrowing lit distress signal or fireworks

88EPowers of Secretary to prohibit items

88FAlcohol in Championships venues or designated access areas

88GThrowing or kicking projectiles

88HDamaging or defacing

88IDamaging trees and shrubs

88JBlocking stairs, exits or entries

88KClimbing on fence, barrier, barricade or other temporary
structure

88LClimbing roof or parapet of building

88MObstructing view of seated person

88NEntering pools or surrounding areas

88OObstructing, hindering or disrupting conduct of events

88PObstructing or hindering person involved in event

88QUse of loud hailer etc.

88RErecting structures

88SConducting surveys or soliciting money etc.

88THawking or sale of goods or services

88UBringing in goods for sale or distribution

88VTickets

88WBusking

88XProhibition of advertisements

88YDisruptive behaviour

Division 2—Surrender and confiscation of items

88ZSurrender or confiscation of prohibited items

88ZASurrender or confiscation of other items

88ZBPolice may retain or otherwise deal with prohibited item for purpose of proceedings

88ZCStorage of items surrendered or confiscated

88ZDStorage fee

88ZESecretary may authorise certain activities

88ZFDeclaration of class of persons

88ZGCorporation may authorise certain activities

88ZHWhat can an authorisation contain?

88ZIOffence to fail to comply with terms and conditions

88ZJProduction of authorisation

Part 7—General

Division 1—General

89Borrowing and Investment Powers Act 1987

Division 2—Authorised officers

89AAppointment of authorised officers

89BIdentification of authorised officers

89COffence to hinder or obstruct authorised officer

89DOffence to impersonate authorised officer

89EDelegation under this Division by Secretary

Division 3—Powers of authorised officers

89FPower to require name and address

89GRefusal to give name and address

89HInspection powers

Division 4—Miscellaneous enforcement matters

89IDirection to leave venue or designated access area

89JRefusal to leave venue or designated access area and reentry

89KPolice may use reasonable force to remove person

89LRepeat offenders

89MInfringement notices, penalties and offences

Division 5—Other miscellaneous matters

89NNo compensation

90Regulations

91Expiry of Act

______

SCHEDULES

SCHEDULE 1—Membership and Procedure of Board

1Terms of appointment of members of the Board

2Chairperson of Board

3Deputy Chairperson

4Acting appointments

5Resignation and removal of members of Board

6Vacancies in membership of Board

7Validity of decisions of Board

8Presiding at meetings of Board

9Quorum

10Proceedings of Board

11Resolutions without meetings

12Disclosure of interests of members of the Board

13Member of Board may act in interests of body

SCHEDULE 2—Membership and Procedure of Advisory Committees

1Terms of appointment

2Resignation and removal

3Quorum

4Procedure at meetings

5Disclosure of interests

SCHEDULE 3—Corporation Abolished and Transfer of Assets and Liabilities

1Definition

2Abolition of Corporation

3Members of Board go out of office

4Abolition of committees

5Transfer of assets and liabilities

6Validity of things done under this Schedule

═══════════════

ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

1

Version No. 005

World Swimming Championships Act 2004

No. 95 of 2004

Version incorporating amendments as at 9 May 2007

1

World Swimming Championships Act 2004
No. 95 of 2004

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to make provision for the staging, conduct and management of the 2007 World Swimming Championships;

(b)to establish the 2007 World Swimming Championships Corporation to be responsible for the conduct and management of the Championships and provide for the Corporation's functions and powers;

(c)to provide for the management and control of all commercial aspects of the Championships in accordance with agreements with FINA, including the controlling of broadcasts, telecasts, filming and advertising and the use of logos, images and references in connection with the Championships.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision referred to in subsection (1) does not come into operation before 1 May 2005, it comes into operation on that day.

3Definitions

s. 3

In this Act—

access period means a period declared under section 37 to be an access period;

advertising on boats authorisation means an authorisation given by the Corporation under section 66;

Advisory Committee means a 2007 World Swimming Championships Advisory Committee established under Part 3;

aerial advertising authorisation means an authorisation given by the Corporation under section 65;

S. 3 def. of Albert Park insertedby No. 66/2006 s.4(1).

Albert Parkhas the same meaning as it has in section 3 of the Australian Grands Prix Act 1994;

S. 3 def. of Australian Grand Prix Corporation insertedby No. 66/2006 s.4(1).

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

S. 3 def. of authorised officer insertedby No. 66/2006 s.4(1).

authorised officer means a person appointed as an authorised officer under Division 2 of Part7;

Board means the Board of Management of the Corporation appointed under section 13;

broadcasting authorisation means an authorisation given by the Corporation under section 60;

broadcasting equipment means equipment used—

(a)to broadcast, telecast or transmit by any means whatever any sound or image; or

s. 3

(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;

Championships means the World Swimming Championships to be held primarily in Melbourne in 2007 whether known by—

(a)the title 12th FINA World Championships 2007; or

(b)such other title as may be declared under Part 4;

S. 3 def. of Champion-ships event insertedby No. 66/2006 s.4(1).

Championships event means an event conducted as part of the Championships and includes—

(a)the sport of swimming;

(b)a live site associated with the Championships;

(c)a cultural event associated with the Championships;

Championships venue means an area of land declared under section 32 to be a Championships venue;

Corporation means the 2007 World Swimming Championships Corporation established under Part 2;

S. 3 def. of dangerous goods insertedby No. 66/2006 s.4(1).

dangerous goodshas the same meaning as it has in section 3(1) of the Dangerous Goods Act 1985;

designated access area means an area of land declared under section 33 to be a designated access area;

S. 3 def. of distress signal insertedby No. 66/2006 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;

event period means a period declared under section 36 to be an event period;

facilities includes demountable or temporary pools, grandstands, media facilities, spectator facilities, competitor facilities and commercial, franchise or entertainment facilities;

FINA means the Federation Internationale DeNatation;

S. 3 def. of Formula One event insertedby No. 66/2006 s.4(1).

s. 3

Formula One event has the same meaning as it has in section 3 of the Australian Grands Prix Act 1994;

goods seizure period means the period commencing 3 months before the event period and ending one month after the end of the event period;

S. 3 def. of laser pointer insertedby No. 66/2006 s.4(1).

laser pointer means a hand-held battery-operated article designed or adapted to emit laser beams;

S. 3 def. of Melbourne Sports and Aquatic Centre land insertedby No. 66/2006 s.4(1).

Melbourne Sports and Aquatic Centre land means the land shown hatched in the plan in Schedule 1 to the State Sport Centres Act 1994;

member of the Board includes an acting member;

Office of Sport and Recreation Victoria means staff of the Department for Victorian Communities engaged in the administration of this Act;

person, in Part 6, includes a body or association (corporate or unincorporated) and a partnership;

S. 3 def. of prohibited item insertedby No. 66/2006 s.4(1).

prohibited item means—

s. 3

(a)an animal, other than—

(i)if a person is blind, deaf or otherwise suffering a disability, a guide dog used by that person or to assist that person; or

(ii)a police dog or a police horse;

(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, the possession of which would constitute an offence under that Act;

(g)a firearm within the meaning of the Firearms Act 1996,the possession of which would constitute an offence under that Act;

(h)a bicycle, scooter, skateboard, roller skates or roller blades;

(i)a firework;

(j)a horn or bugle;

(k)a flag or banner which—

(i)is larger than 1 metre by 1 metre; or

(ii)has a handle longer than 1metre;

s. 3

(l)any items which are in such a quantity that a reasonable person could inferthat those items are to be used for commercial purposes;

(m)a public address system, electronic equipment, broadcast equipment or similar device which may interfere with broadcast equipment or similar devices being used by the Corporation or a person authorised under this Act to use such equipment or devices;

(n)any item declared under section 88E to be a prohibited item;

S. 3 def. of restricted access area insertedby No. 66/2006 s.4(1).

restricted access area means an area which has been marked off or caused to be marked off under section 50G;

S. 3 def. of Secretary substitutedby No. 66/2006 s.4(2).

Secretary means—

(a)in Division 2 of Part 7, 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 2 of Part 7, the bodycorporate constituted under section 25A of the Commonwealth Games Arrangements Act 2001;

sponsorship-like arrangement, in Part 6, means—

(a)a right to associate a person or a person's goods or services with—

(i)the Corporation; or

(ii)the Championships; or

(iii)any event or activity associated with the Championships; or

(iv)FINA; or

(v)Australian Swimming; or

(b)an affiliation or association (whether commercial or non-commercial) with—

(i)the Corporation; or

s. 3

(ii)the Championships; or

(iii)any event or activity associated with the Championships; or

(iv)FINA; or

(v)Australian Swimming;

sport of swimming includes—

(a)swimming;

(b)diving;

(c)water polo;

(d)synchronised swimming;

(e)open-water swimming;

Swimming Australia means Swimming Australia Limited A.C.N. 109333628;

S. 3 def. of swimming pool insertedby No. 66/2006 s.4(1).

swimming pool includes an area designated for use for open-water swimming;

S. 3 def. of vessel insertedby No. 66/2006 s.4(1).

vessel has the same meaning as it has in section3(1) of the Marine Act 1988;

works includes—

(a)installation of services;

(b)construction and removal of temporary demountable pools;

(c)relocation of buildings or facilities;

(d)construction and removal of other structures or facilities, including grandstands, whether of a permanent or temporary nature;

s. 3

WSC logo or image means any logo, image, mascot, emblem or other design which is prescribed to be a WSC logo or image or any part of such logo, image, mascot, emblem or other design;

WSC reference means the following words, expressions or figures—

(a)"12th FINA World Championships 2007";

(b)"2007 World Swimming Championships";

(c)any other combination of the words "World Swimming Championships" "Championships" and the numbers "2007" or "12th";

(d)if an order is made under section 31 declaring a name or title in respect of the Championships, that name or title;

(e)any words, expression or figures that are prescribed to be WSC references.

4Act binds the Crown

s. 4

This Act binds the Crown, not only in right of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

5Extraterritorial operation

It is the intention of the Parliament that the operation of this Act should, as far as the legislative power of the Parliament permits, include operation in relation to acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia.

______

Part 2—2007 World Swimming Championships Corporation

6Objective of Part

s. 6

The objective of this Part is to establish the 2007 World Swimming Championships Corporation to plan, organise and deliver the Championships, together with FINA and Swimming Australia, in a manner which—

(a)provides an environment for peak athletic performance; and

(b)enhances the reputation of Melbourne and Victoria as a venue for major international sporting events; and

(c)promotes the sport of swimming in Victoria and Australia; and

(d)promotes Melbourne, Victoria and Australia; and

(e)demonstrates high standards of safety; and

(f)demonstrates a high standard of financial responsibility, probity and transparency.

72007 World Swimming Championships Corporation established

(1)There is established the 2007 World Swimming Championships Corporation.

(2)The Corporation—

(a)is a body corporate with perpetual succession; and

(b)has an official seal; and

(c)may sue and be sued in its corporate name; and

(d)may acquire, hold and dispose of real and personal property; and

(e)may do and suffer all acts and things that a body corporate may by law do and suffer.

(3)The official seal of the Corporation—

(a)must be kept as directed by the Corporation; and

(b)must only be used as authorised by the Corporation.

(4)All courts must take judicial notice of the official seal of the Corporation on a document and, until the contrary is proved, must presume that it was duly affixed.

8Corporation does not represent Crown

s. 8

The Corporation is a public authority but does not represent the Crown.

9Functions of Corporation

The functions of the Corporation are—

(a)to assume any existing obligations in relation to the Championships under any arrangements entered into with FINA and Swimming Australia;

(b)to negotiate, enter into and vary agreements under which the Championships and events and programs associated with the Championships are to be held;

(c)to undertake and facilitate the organisation, conduct, management and promotion of the Championships and events and programs associated with the Championships;

(d)to establish or source or hire venues and supporting facilities for the Championships and events and programs associated with the Championships;

S. 9(e) amendedby No. 66/2006 s.5.

(e)subject to this Act, to manage and control venues and supporting facilities for the Championships and events and programs associated with the Championships;

(f)to do all other things necessary for or in connection with the conduct and financial and commercial management of the Championships and events and programs associated with the Championships;

(g)any other functions conferred on the Corporation by or under this Act or any other Act.

10Powers of Corporation

s. 10

(1)The Corporation may do anything necessary or convenient for or in connection with, or incidental to, the performance of its functions.

(2)Without limiting subsection (1), the Corporation may—