World Swimming Championships (Amendment) Act 2006
Act No. 66/2006
table of provisions
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SectionPage
1.Purpose
2.Commencement
3.Principal Act
4.Definitions inserted
5.Functions of Corporation
6.Ministerial orders
7.New Part 4A inserted
Part 4A—the Secretary
41A.Powers and functions
41B.Contracts and agreements
41C.Secretary is subject to Ministerial control
41D.Department Head's powers are not affected
41E.Delegation by Secretary
8.New sections 50A to 50D inserted
50A.Limitation on powers to make local laws
50B.Noise and light
50C.Major Events (Crowd Management) Act 2003 does not apply
50D.Australian Grands Prix Act 1994
9.New Part 5A inserted
Part 5A—Works AT, and Management of, CHAMPIONSHIPS venues and Designated access areas
Division 1—Roads
50E.Temporary closure of roads
50F.Deemed permit under section 99B of Road Safety Act1986
Division 2—Restricted Access Areas
50G.Restricted access areas
50H.Authorisation by Corporation to be in restricted access areas during event period
50I.Declaration of persons authorised to be in restricted access areas other than during event period
50J.Offence to enter any part of restricted access area
50K.Warning people to leave restricted access area
50L.Direction not to enter restricted access area
50M.Interference with activities
50N.Offence not to produce authorisation on demand
50O.Power to remove offenders
Division 3—Management During Championships
50P.Application of Division
50Q.Secretary to manage Championships venues and designated access areas during event period
50R.Committees of management, land managers and other persons
50S.Championships venues and designated access areas to berestored to reasonable condition
50T.Vehicles and vessels in Championships venue or designated access area
50U.Parking or leaving vehicles or mooring or anchoring vessels in Championships venue or designated access area
50V.Removal of vehicles or vessels obstructing Championships venue or designated access area
10.Prohibition of unauthorised advertising
11.New Part 6A inserted
Part 6A—Championships events and Crowd Management
Division 1—Behaviour in Venues and Designated Access Areas
88A.Possession of prohibited items
88B.Possessing lit distress signal or fireworks
88C.Possessing unlit distress signal or fireworks
88D.Throwing lit distress signal or fireworks
88E.Powers of Secretary to prohibit items
88F.Alcohol in Championships venues or designated accessareas
88G.Throwing or kicking projectiles
88H.Damaging or defacing
88I.Damaging trees and shrubs
88J.Blocking stairs, exits or entries
88K.Climbing on fence, barrier, barricade or other temporarystructure
88L.Climbing roof or parapet of building
88M.Obstructing view of seated person
88N.Entering pools or surrounding areas
88O.Obstructing, hindering or disrupting conduct of events
88P.Obstructing or hindering person involved in event
88Q.Use of loud hailer etc.
88R.Erecting structures
88S.Conducting surveys or soliciting money etc.
88T.Hawking or sale of goods or services
88U.Bringing in goods for sale or distribution
88V.Tickets
88W.Busking
88X.Prohibition of advertisements
88Y.Disruptive behaviour
Division 2—Surrender and Confiscation of Items
88Z.Surrender or confiscation of prohibited items
88ZA.Surrender or confiscation of other items
88ZB.Police may retain or otherwise deal with prohibited itemfor purpose of proceedings
88ZC.Storage of items surrendered or confiscated
88ZD.Storage fee
88ZE.Secretary may authorise certain activities
88ZF.Declaration of class of persons
88ZG.Corporation may authorise certain activities
88ZH.What can an authorisation contain?
88ZI.Offence to fail to comply with terms and conditions
88ZJ.Production of authorisation
12.Division heading inserted
13.New Divisions 2 to 5 of Part 7 inserted
Division 2—Authorised Officers
89A.Appointment of authorised officers
89B.Identification of authorised officers
89C.Offence to hinder or obstruct authorised officer
89D.Offence to impersonate authorised officer
89E.Delegation under this Division by Secretary
Division 3—Powers of Authorised Officers
89F.Power to require name and address
89G.Refusal to give name and address
89H.Inspection powers
Division 4—Miscellaneous Enforcement Matters
89I.Direction to leave venue or designated access area
89J.Refusal to leave venue or designated access area and reentry
89K.Police may use reasonable force to remove person
89L.Repeat offenders
89M.Infringement notices, penalties and offences
Division 5—Other Miscellaneous Matters
89N.No compensation
14.Regulations
15.Expiry
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Endnotes
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Victoria
No. 66 of 2006
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SectionPage
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World Swimming Championships (Amendment) Act 2006[†]
[Assented to 29 August 2006]
1
Act No. 66/2006
World Swimming Championships (Amendment) Act 2006
1
Act No. 66/2006
World Swimming Championships (Amendment) Act 2006
The Parliament of Victoriaenacts as follows:
1
Act No. 66/2006
World Swimming Championships (Amendment) Act 2006
1.Purpose
The main purpose of this Act isto amend the World Swimming Championships Act 2004—
(a)to provide for the management and regulation of venues and areas to be used for the World Swimming Championships;
(b)to facilitate the carrying out of works for events and the conduct of events, including crowd management;
(c)to provide for other related 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.
95/2004
and amending
Act No.
108/2004.
LawToday:
dpc.vic.
gov.au
In this Act, the World Swimming Championships Act 2004 is called the Principal Act.
4.Definitions inserted
(1)In section 3 of the Principal Act insert—
' "Albert Park"has the same meaning as it has in section 3 of the Australian Grands Prix Act 1994;
"Australian Grand Prix Corporation" means theAustralian Grand Prix Corporation established by the Australian Grands Prix Act 1994;
"authorised officer" means a person appointed as an authorised officer under Division 2 of Part 7;
"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;
"dangerous goods"has the same meaning as it has 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;
s. 4
"Formula One event" has the same meaning as it has in section 3 of the Australian Grands Prix Act 1994;
"laser pointer" means a hand-held battery-operated article designed or adapted to emit laser beams;
"Melbourne Sports and Aquatic Centre land" means the land shown hatched in the plan in Schedule 1 to the State Sport Centres Act 1994;
"prohibited item" means—
(a)an animal, other than—
(i)if a person is blind, deaf or otherwise suffering a disability, a guide dogused 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;
(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;
s. 4
(n)any item declared under section 88E to be a prohibited item;
"restricted access area" means an area which has been marked off or caused to be marked off under section 50G;
"swimming pool" includes an area designated for use for open-water swimming;
"vessel" has the same meaning as it has in section3(1) of the Marine Act 1988;'.
(2)In section 3 of the Principal Act , for the definition of "Secretary" substitute—
'"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;'.
5.Functions of Corporation
In section 9(e)of the Principal Act, for "to manage" substitute "subject to this Act, to manage".
6.Ministerial orders
s. 5
(1)At the end of section 34 of the Principal Act insert—
"(2)If a proposed Championships venue, any part of a proposed Championships venue, a proposed designated access area or any part of a proposed designated access area is land in Albert Park which is in a declared area within the meaning of the Australian Grands Prix Act 1994, the Minister must consult with the Minister administering that Act before making an order under this Part in respect of that land.".
(2)In section 37 of the Principal Act, for "16 weeks" substitute "24 weeks".
7.New Part 4A inserted
After Part 4 of the Principal Act insert—
"Part 4A—the Secretary
41A.Powers and functions
(1)In addition to its functions and powers under the Commonwealth Games Arrangements Act 2001, the Secretary has the powers and functions conferred on it by or under this Act or any other Act.
(2)The Secretary may perform its functions under this Act within or outside Victoria.
(3)The Secretary may exercise its powers under this Act within or outside Victoria.
(4)Without limiting this section, in the performance of its functions under this Act, the Secretary, with the approval of the Treasurer, may—
(a)form, participate in the formation of or be a member of a body corporate, association, partnership, trust or other body; and
(b)enter into a joint venture with any other person.
s. 7
41B.Contracts and agreements
(1)The Secretary may enter into contracts and agreements and other arrangements with any person for the purposes of the management, development or conduct of the Championships.
(2)The Secretary may do all things necessary or convenient to be done to give effect to the contracts, agreements and arrangements referred to in sub-section (1).
41C.Secretary is subject to Ministerial control
In the exercise of its powers and functions, the Secretary is subject to the direction and control of the Minister.
41D.Department Head's powers are not affected
The powers and functions of the person who for the time being constitutes the Secretary under section 25A of the Commonwealth Games Arrangements Act 2001are in addition to, and do not affect, that person's powers and functions as a Department Head under the Public Administration Act 2004.
41E.Delegation by Secretary
s. 7
The Secretary, in writing, may delegate any of the powers conferred on the Secretary under this Act or the regulations, 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)the Corporation; or
(c)a body corporate established under an Act for a public purpose.".
8.New sections 50A to 50D inserted
s. 8
After section 50 of the Principal Act insert—
"50A.Limitation on powers to make local laws
(1)This section applies during—
(a)the event period; or
(b)an access period.
(2)A Council must not make a local law under the Local Government Act 1989 for or with respect to—
(a)a Championships venue or a designated access area; or
(b)the carrying out of works for the purposes of the development or use of a Championships venue or a designated access 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 Championships venue or a designated access area; or
(d)restricting the use of any road for access to or egress from a Championships venue or a designated access area.
(3) Without limiting sections 111(2), 111(3) and111(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—
(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.
50B.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 Championships venue or a designated access area.
50C.Major Events (Crowd Management) Act 2003 does not apply
The Major Events (Crowd Management) Act 2003 does not apply to a Championships event or to a Championships venue or designated access area despite—
s. 8
(a)that event being conducted in a managed venue within the meaning of that Act; or
(b)that Championships venue or designated access area or any part of that venue or area being a managed venue within the meaning of that Act.
50D.Australian Grands Prix Act 1994
(1)Subject to sub-sections (2) and (3), nothing in this Act affects the following during the months of February 2007 and March 2007 in respect of a Championships venue or designated access area—
(a)the undertaking of works at Albert Park by the Australian Grand Prix Corporation in accordance with a licence granted under section 28 of the Australian Grands Prix Act 1994; or
(b)the exercise by the Australian Grand Prix Corporation of a power to close roads under section 33 of the Australian Grands Prix Act 1994; or
(c)the exercise of any powers or functions under the Australian Grands Prix Act 1994 by the Minister administering that Act.
(2)Before undertaking works referred toin sub-section (1)(a) or before exercising a power to close roads referred to in sub-section (1)(b), the Australian Grand Prix Corporation must consult with the Secretary or the Corporation, as the case requires if those works or that road closure may affect—
s. 8
(a)the carrying out of works for the purposes of the Championships; or
(b)the exercise of any power or function under this Act in respect of a Championships venue or designated access area.
(3)Before exercising a power or function referred to in sub-section (1)(c), the Minister administering the Australian Grands Prix Act 1994 must consult with the Minister administering this Act if the exercise of that power or function under that Act may affect—
(a)the carrying out of works for the purposes of the Championships; or
(b)the exercise of any power or function under this Act in respect of a Championships venue or designated access area.
(4) If there is a dispute between the Secretary or the Corporation and the Australian Grand Prix Corporation about the exercise of any power or function referred to in sub-section(1)(a) or (b), the Secretary or the Corporation (as the case requires) or the Australian Grand Prix Corporation may refer the matter to the Minister administering the Australian Grands Prix Act 1994 and the Minister administering this Act for a joint decision on the matter.".
9.New Part 5A inserted
After Part 5 of the Principal Act insert—
s. 9
'Part 5A—Works AT, and Management of, CHAMPIONSHIPS venues and Designated access areas
Division 1—Roads
50E. Temporary closure of roads
(1)Subject to sub-section (3), for the purpose of enabling works to be carried out at a Championships venue or a designated access area, the Minister may temporarily close a road to traffic if the Minister considers it necessary to do so to enable those works to be carried out on the road or neighbouring land.
(2)Subject to sub-section (3), the Minister may temporarily close a road or part of a road to traffic generally or to a particular class of traffic if the Minister considers it necessary to do so—
(a)for the purposes of conducting a Championships event or an associated activity; or
(b)for any purpose associated with or ancillary to the conduct of that event or activity.
(3)The Minister must not temporarily close a road under sub-section (1) or (2) unless the Minister has consulted—
(a)with the Minister administering the Road Management Act 2004; and
(b)if the road is a road to which Division 2 of Part 9 of the Local Government Act 1989 applies, with the Minister administering that Act; and
s. 9
(c)if the road is in a declared area within the meaning of the Australian Grands Prix Act 1994, with the Minister administering that Act; and
(d)if the road is in the part of Albert Park that is not Melbourne Sports and Aquatic Centre land, with the Minister administering the Crown Land (Reserves) Act 1978; and
(e)if the road is in the part of Albert Park that is Melbourne Sports and Aquatic Centre land, with the Minister administering the State Sport Centres Act 1994 and the Minister administering the Crown Land (Reserves) Act 1978.
(4)In this section, "traffic" means vehicular traffic, pedestrian traffic and all other kinds of traffic.
50F. Deemed permit under section 99B of Road Safety Act1986
(1)For the purposes of preparation for the conducting of a Championships event or an associated activity which involves conducting a non-road activity within the meaning of section 99B of the Road Safety Act 1986 on a highway within the meaning of that Act, the Secretary is deemed to be a person to whom a permit under that section has been issued.
(2)For the purposes of conducting a Championships event or an associated activity which involves conducting a non-road activity within the meaning of section99B of the Road Safety Act 1986 on a highway within the meaning of that Act, the Corporation is deemed to be a person to whom a permit under that section has been issued.
s. 9
Division 2—Restricted Access Areas
50G.Restricted access areas
(1)Subject to sub-section (3), the Secretary may mark off or cause to be marked off as a restricted access area—
(a)any part of a Championships venue; or
(b)any part of a designated access area—
by—
(c)the use of fencing, barriers or other permanent or temporary means of physical demarcation; and
(d)erecting signs or causing signs to be erected on or in close proximity to the area stating—
(i)that the area is a restricted access area; and
(ii)the restrictions (if any) which apply in relation to that restricted access area.
(2)Without limiting sub-section (1), in the case of a restricted access area wholly or partly over water, that area may be indicated by buoys, signs on the shore, pontoons, ropes or any other suitable means.
s. 9
(3)The Secretary must not mark off or cause to be marked off as a restricted access area any area in a declared area within the meaning of the Australian Grands Prix Act 1994, during a race period within the meaning of that Act unless the Secretary has consulted with the Australian Grand Prix Corporation.