Australian Grands Prix (Formula One) Regulations 2006
i
Australian Grands Prix (Formula One) Regulations
2006
S.R. No. 157/2006
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objective 1
2. Authorising provision 2
3. Commencement 2
4. Revocation 2
5. Definitions 2
PART 2—AUTHORISED PERSONS 8
6. Authorised persons 8
7. Identification of authorised persons 8
8. Offence to interfere with authorised person 9
PART 3—ACCESS TO CERTAIN AREAS 10
9. Entry to and exit from declared area and designated access area 10
10. Re-entry after direction to leave or expulsion 10
11. Grand Prix circuit 11
12. Vehicles in declared area or designated access area 11
13. Opening and closing times 11
14. Reserved areas and reserved seats 12
15. Removal of glass object from reserved area 13
16. Prohibition of certain activities in fenced and cordoned off areas 14
PART 4—CONDUCT IN DECLARED AREA OR DESIGNATED
ACCESS AREA 15
17. Alcohol 15
18. Possession of prohibited item 16
19. Damaging or defacing seats etc. 16
20. Damaging or defacing buildings 16
21. Blocking stairs, exits or entrances 16
22. Throwing or kicking projectiles 17
23. Obstructing view of seated person 17
24. Disrupting or interrupting event 17
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Regulation Page
ii
25. Hindering, obstructing or interfering with drivers 18
26. Adversely affecting public safety 18
27. Recording or transmitting event 18
28. Use of loud hailer etc. 19
29. Conducting surveys or soliciting money 19
30. Displaying signs or banners 19
31. Excavating 20
32. Erecting structures 20
33. Albert Park Lake 20
34. Damaging trees 21
35. Disturbing or interfering with fauna 21
36. Climbing on trees or structures 21
37. No smoking areas 21
38. Busking 22
39. Causing unreasonable annoyance 22
PART 5—ADVERTISING AND SALE OF GOODS 23
40. Prohibition of advertisements 23
41. Sale of goods or services 24
PART 6—ENFORCEMENT 26
42. Surrender of items 26
43. Inspection 26
44. Direction to leave if failure to produce ticket or surrender item 27
45. Direction to leave if offence committed 28
46. Police may use reasonable force 29
47. Additional powers of authorised persons and police 30
PART 7—REGULATION OF ACTIVITIES DURING SPECIFIED
PERIOD 32
48. Safe and orderly conduct of works 32
49. Regulation of entry during specified period 33
50. Re-entry after direction to leave or expulsion during specified
period 33
PART 8—GENERAL 36
51. Prescribed fee 36
52. Items not to be brought in 36
═══════════════
ENDNOTES 37
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1
STATUTORY RULES 2006
S.R. No. 157/2006
Australian Grands Prix Act 1994
Australian Grands Prix (Formula One) Regulations
2006
The Lieutenant-Governor as the Governor's Deputy with the
advice of the Executive Council makes the following
Regulations:
Dated: 24 October 2006
Responsible Minister:
JOHN PANDAZOPOULOS
Minister for Tourism
RUTH LEACH
Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objective
The objective of these Regulations is—
(a) to regulate the conduct of persons in the
declared area and designated access areas
during the race period for the Australian
Formula One Grand Prix; and
(b) to facilitate and ensure an appropriate degree
of safety of persons in the declared area and
designated access areas during works for the
Grand Prix; and
(c) to provide for other matters required to be
prescribed under the Australian Grands
Prix Act 1994.
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2. Authorising provision
These Regulations are made under section 51 of
the Australian Grands Prix Act 1994.
3. Commencement
These Regulations come into operation on
26 October 2006.
4. Revocation
The Australian Grands Prix (Formula One)
Regulations 1996 1 are revoked.
5. Definitions
In these Regulations—
"acceptable no smoking sign" has the same
meaning as it has in section 3 of the Tobacco
Act 1987;
"authorised person" means a person appointed
under regulation 6 to be an authorised person
for the purposes of these Regulations;
"dangerous goods" has the same meaning as it
has in section 3(1) of the Dangerous Goods
Act 1985;
"designated entrance" means—
(a) a gate or turnstile; or
(b) any other entrance structure established
by the Corporation;
"designated exit" means—
(a) a gate or turnstile; or
(b) any other exit structure established by
the Corporation;
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"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;
"glass object" means a glass bottle or container;
"grand prix circuit" means the temporary race
track established by the Corporation at
Albert Park;
"laser pointer" means a hand-held battery-
operated article designed or adapted to emit
laser beams;
"permitted entrant" means—
(a) the holder of a valid ticket issued by or
on behalf of the Corporation that
entitles the holder to be within specific
areas of the declared area in respect of a
year or a designated access area; or
(b) a person who is admitted to the
declared area in respect of a year or a
designated access area by the
Corporation or by an agent of the
Corporation on payment of an
admission fee; or
(c) any other person who is, under a
general or specific authorisation
granted by the Corporation, entitled to
be in the declared area in respect of a
year or a designated access area;
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"prohibited item" means—
(a) a glass object;
(b) a beverage container with the
manufacturer's seal broken;
(c) a drinks cooler or ice box, other than
one predominantly constructed of
polystyrene;
(d) a chair, lounge, bench or stool, other
than a folding chair or folding stool;
(e) 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;
(f) a flag or banner larger than 1 metre by
1 metre or with a handle longer than
1 metre;
(g) a laser pointer;
(h) a distress signal;
(i) a whistle or loud hailer;
(j) a dangerous article within the meaning
of the Control of Weapons Act 1990,
the possession of which would
constitute an offence under that Act;
(k) a prohibited weapon within the
meaning of the Control of Weapons
Act 1990, the possession of which
would constitute an offence under that
Act;
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(l) a controlled weapon within the
meaning of the Control of Weapons
Act 1990, the possession of which
would constitute an offence under that
Act;
(m) any dangerous goods;
(n) a firearm within the meaning of the
Firearms Act 1996, the possession of
which would constitute an offence
under that Act;
(o) a bicycle, skateboard, roller skates,
roller blades or scooter;
(p) a firework;
(q) a horn or bugle;
(r) 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 to whom the Corporation has
given its consent under section 35 of
the Act;
(s) any item in such a quantity that a
reasonable person could infer that the
item is to be used for commercial
purposes;
(t) any item the possession of which does
not have an ordinary and reasonable use
by a person within the declared area in
respect of that year or a designated
access area during the race period and
which may be used in the commission
of an offence against regulation 19, 20,
24, 25, 26, 31 or 32;
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"reserved area" means an area within the
declared area in respect of a year or a
designated access area to which access is
limited to persons holding certain types of
tickets or to which access is otherwise
restricted;
"reserved seat" means a seat within the declared
area in respect of a year or a designated
access area to which access is limited to
persons holding certain types of tickets or to
which access is otherwise restricted;
"specified period", in respect of a year, means—
(a) in relation to the declared area in
respect of that year, the period
beginning 12 weeks before the race
period in respect of that year and
ending 4 weeks after the race period;
(b) in relation to a designated access area,
the period specified in any declaration
under section 32A(1)(a) or (b) of the
Act during which the area to which the
declaration applies is a designated
access area;
"the Act" means the Australian Grands Prix
Act 1994;
"ticket" includes a pass, credential or other
similar document;
"vehicle" has the same meaning as it has in
section 3(1) of the Road Safety Act 1986;
"vessel" has the same meaning as it has in section
3(1) of the Marine Act 1988;
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"works area" means an area in the declared area
in respect of a year or in a designated access
area—
(a) which is marked off by the Corporation
by the use of fencing, barriers or other
permanent or temporary means of
physical demarcation; and
(b) in which works, services or any other
activities undertaken by or on behalf of
the Corporation have commenced but
have not been finally completed.
__________________
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PART 2—AUTHORISED PERSONS
6. Authorised persons
The Corporation may appoint a person to be an
authorised person for the purposes of these
Regulations if the person—
(a) holds under the Private Security Act
2004—
(i) a private security business licence that
authorises that person to carry on the
business of providing the services of
other persons to act as a security guard
or a crowd controller; or
(ii) a private security individual operator
licence that authorises that person to act
as a security guard or a crowd
controller; or
(b) is a person who the Corporation believes has
the appropriate skills, knowledge or
experience to be appointed as an authorised
person; or
(c) is a member of a class of person appropriate
to be appointed as an authorised person.
7. Identification of authorised persons
(1) The Corporation must ensure that an authorised
person is clearly identified as an authorised
person.
(2) An authorised person must produce his or her
identification for inspection at any time during the
exercise of a power under these Regulations, if
asked to do so.
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(3) If an authorised person proposes to exercise the
powers or functions of an authorised person and
fails to produce on demand his or her
identification, that person is not authorised to
exercise those powers or functions in relation to
the person making the demand.
8. Offence to interfere with authorised person
A person must not interfere with, obstruct or
hinder or attempt to interfere with, obstruct or
hinder an authorised person in the exercise of the
authorised person's powers, functions or duties
under these Regulations.
Penalty: 20 penalty units.
__________________
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PART 3—ACCESS TO CERTAIN AREAS
9. Entry to and exit from declared area and designated
access area
(1) A person who is not a permitted entrant must not
enter or attempt to enter the declared area in
respect of a year or a designated access area
during the race period in respect of that year.
Penalty: 20 penalty units.
(2) A person must not enter or attempt to enter the
declared area in respect of a year or a designated
access area during the race period in respect of
that year except through a designated entrance.
Penalty: 10 penalty units.
(3) A person must not leave or attempt to leave the
declared area in respect of a year or a designated
access area during the race period in respect of
that year except through a designated exit.
Penalty: 10 penalty units.
10. Re-entry after direction to leave or expulsion
On any day during the race period in respect of a
year, a person who has been directed to leave, or
has been expelled from, the declared area in
respect of that year or a designated access area by
an authorised person or a member of the police
force must not re-enter or attempt to re-enter the
declared area or a designated access area for a
period of 24 hours without the written
authorisation of the Corporation.
Penalty: 20 penalty units.
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11. Grand Prix circuit
At any time during the race period in respect of a
year, a person must not be, or attempt to be, on the
grand prix circuit unless authorised by the
Corporation to be on the grand prix circuit.
Penalty: 20 penalty units.
12. Vehicles in declared area or designated access area
A person must not bring or attempt to bring a
vehicle into the declared area in respect of a year
or a designated access area during the race period
in respect of that year unless authorised by the
Corporation to bring that vehicle into the area.
Penalty: 10 penalty units.
13. Opening and closing times
(1) The Corporation must fix an opening time and a
closing time for each day of the race period in
respect of a year.
(2) The Corporation must give notice of opening and
closing times fixed under sub-regulation (1) by—
(a) publishing a notice in a newspaper
circulating generally in the State; and
(b) erecting signs or notices at each designated
entrance stating the opening and closing
times.
(3) A person must not enter or attempt to enter or
remain in the declared area in respect of that year
or a designated access area before the opening
time or after the closing time fixed under sub-
regulation (1) unless authorised by the
Corporation to enter or remain in the area.
Penalty: 20 penalty units.
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14. Reserved areas and reserved seats
(1) The Corporation for the duration of the race
period in respect of a year—
(a) may set aside certain areas within the
declared area in respect of that year or a
designated access area as reserved areas;
(b) may set aside certain seats within the
declared area in respect of that year or a
designated access area as reserved seats.
(2) The Corporation may issue tickets—
(a) that entitle a person to enter and remain in a
reserved area;
(b) that entitle a person to occupy a reserved
seat.
(3) A person who does not hold a ticket conferring an
entitlement to enter a reserved area must not enter
or attempt to enter or remain in that reserved area
unless authorised by the Corporation to enter or
remain in the area.
Penalty: 5 penalty units.
(4) A person who does not hold a ticket conferring an
entitlement to occupy a particular reserved seat
must not occupy that reserved seat unless
otherwise authorised to do so by the Corporation.
Penalty: 5 penalty units.
(5) An authorised person or a member of the police
force—
(a) may request that a person entering or
remaining in a reserved area produce a ticket
entitling the person to enter and remain in
the reserved area;
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(b) may request that a person occupying a
reserved seat produce a ticket entitling the
person to occupy the reserved seat.
15. Removal of glass object from reserved area
(1) A person must not remove from a reserved area
any glass object that the person has obtained in
that area unless authorised to do so by the
Corporation.
Penalty: 5 penalty units.
(2) An authorised person or a member of the police
force may direct a person who has removed a
glass object from a reserved area in contravention
of sub-regulation (1)—
(a) if the person holds a ticket conferring an
entitlement to enter that area, to return the
glass object to that area; or
(b) if the person does not hold a ticket
conferring an entitlement to enter that area,
to surrender the glass object.
(3) If directed to return a glass object under sub-
regulation (2), a person must, as soon as
practicable, return the glass object to the reserved
area where it was obtained.
Penalty: 5 penalty units.
(4) If directed to surrender a glass object under sub-
regulation (2), a person must immediately
surrender the glass object to the authorised person
or member of the police force.
Penalty: 5 penalty units.
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16. Prohibition of certain activities in fenced and
cordoned off areas
(1) A person must not enter or attempt to enter or
remain in an area that is fenced or cordoned off in
accordance with section 32 of the Act, without the
authorisation of the Corporation.
Penalty: 20 penalty units.
(2) A person must not in any way intentionally
interfere with or hinder any activity directly or
indirectly undertaken by or on behalf of the
Corporation within an area fenced or cordoned off
in accordance with section 32 of the Act.
Penalty: 20 penalty units.
(3) A person must not in any way attempt to interfere
with or attempt to hinder any activity directly or
indirectly undertaken by or on behalf of the
Corporation within an area fenced or cordoned off
in accordance with section 32 of the Act.
Penalty: 20 penalty units.
(4) A person must not in any way cause any other
person to interfere with or hinder any activity
directly or indirectly undertaken by or on behalf
of the Corporation within an area fenced or
cordoned off in accordance with section 32 of the
Act.
Penalty: 20 penalty units.
__________________
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PART 4—CONDUCT IN DECLARED AREA OR
DESIGNATED ACCESS AREA
17. Alcohol
(1) Subject to sub-regulation (3), during the race
period in respect of a year, a person in the
declared area in respect of that year or a
designated access area must not have in his or her
possession any alcohol that has not been
purchased in the declared area or the designated
access area in accordance with the Liquor
Control Reform Act 1998.
Penalty: 20 penalty units.
(2) Subject to sub-regulation (3), during the race
period in respect of a year, an authorised person or
a member of the police force, who believes on
reasonable grounds that a person is taking out or
attempting to take out of the declared area in
respect of that year or a designated access area
alcohol in an unsealed container, may direct the
person to dispose of the contents of the unsealed
container of alcohol.
(3) Sub-regulations (1) and (2) do not apply to—
(a) a person who is acting under an authorisation
granted by the Corporation; or
(b) a servant or agent of a person referred to in
paragraph (a) acting in the course of his or
her duties.
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18. Possession of prohibited item
During the race period in respect of a year, a
person must not have in his or her possession a
prohibited item in the declared area in respect of
that year or a designated access area without the
authorisation of the Corporation.
Penalty: 20 penalty units.
19. Damaging or defacing seats etc.
During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not—
(a) misuse, deface, damage or tamper with any
seat, chair, table, structure, vehicle, vessel,
truck, pipe, tap, tap-fitting, conduit, electrical
equipment, wiring or sign; or
(b) attempt to misuse, deface, damage or tamper
with any seat, chair, table, structure, vehicle,
vessel, truck, pipe, tap, tap-fitting, conduit,
electrical equipment, wiring or sign.
Penalty: 20 penalty units.
20. Damaging or defacing buildings
During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not deface
or damage or attempt to deface or damage any
building.
Penalty: 20 penalty units.
21. Blocking stairs, exits or entrances
During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not, without
reasonable excuse, block any stairs, steps, aisle,
gangway, overpass, underpass, pontoon, bridge,
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passage, entrance, exit or other thoroughfare
unless authorised to do so by the Corporation.
Penalty: 10 penalty units.
22. Throwing or kicking projectiles
During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not throw or
kick or attempt to throw or kick any stone, bottle
or other projectile.
Penalty: 20 penalty units.
23. Obstructing view of seated person
During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not, without
reasonable excuse, stand in a place or in a
particular manner that deliberately obstructs the
view of any other person seated in a seat in the
immediate vicinity.
Penalty: 10 penalty units.
24. Disrupting or interrupting event
During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not—
(a) disrupt or interrupt or behave in any manner
that may disrupt or interrupt any race, event
or activity comprising a Formula One event;
or
(b) attempt to disrupt or interrupt any race, event
or activity comprising a Formula One event.
Penalty: 20 penalty units.
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25. Hindering, obstructing or interfering with drivers
During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not—
(a) act or conduct himself or herself in such a
way as to hinder, obstruct or interfere with
the driver of any vehicle or vessel taking part
in a Formula One event; or
(b) attempt to hinder, obstruct or interfere with
the driver of any vehicle or vessel taking part
in a Formula One event.
Penalty: 20 penalty units.
26. Adversely affecting public safety
During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not, without
reasonable excuse, act or conduct himself or
herself in such a way as to adversely affect the
safety of the public within the declared area or a
designated access area.
Penalty: 20 penalty units.
27. Recording or transmitting event
During the race period in respect of a year and
within the declared area in respect of that year
or a designated access area, a person must not
make, record or transmit or attempt to make,
record or transmit any form of film or sound
recording of any part of a Formula One event
other than for the private enjoyment of the
person making, recording or transmitting it,
without the written authorisation of the
Corporation.
Penalty: 20 penalty units.
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28. Use of loud hailer etc.
During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not operate
or use, or attempt to operate or use, a loud hailer,
public address system, broadcast device or any
other device that may interfere with electronic or
radio communications unless authorised by the
Corporation to operate or use that device.
Penalty: 20 penalty units.
29. Conducting surveys or soliciting money
During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not conduct
public surveys or opinion polls, or solicit money,
donations or subscriptions from members of the
public without the written authorisation of the
Corporation.
Penalty: 20 penalty units.
30. Displaying signs or banners
During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not erect or
display any sign or banner without the written
authorisation of the Corporation.
Penalty: 20 penalty units.
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31. Excavating
During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not
excavate or attempt to excavate or cause to be
excavated any part of the declared area or
designated access areas unless authorised by the
Corporation to excavate that area.
Penalty: 20 penalty units.
32. Erecting structures
(1) During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not erect, or
attempt to erect, any structure without the written
authorisation of the Corporation.
Penalty: 20 penalty units.
(2) An authorised person or a member of the police
force may cause to be dismantled or removed
from the declared area in respect of a year or
designated access area, any structure erected in
contravention of sub-regulation (1).
33. Albert Park Lake
During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not—
(a) enter or attempt to enter the lake in Albert
Park unless authorised by the Corporation to
enter the lake; or
(b) remain in the lake in Albert Park unless
authorised to do so by the Corporation; or
(c) cause any person to enter or remain in the
lake in Albert Park unless authorised to do so
by the Corporation.
Penalty: 5 penalty units.
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34. Damaging trees
During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not pick,
damage or uproot or attempt to pick, damage or
uproot any tree or shrub unless authorised by the
Corporation to pick, damage or uproot a tree or
shrub.
Penalty: 5 penalty units.
35. Disturbing or interfering with fauna
During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not disturb
or interfere with any fauna unless authorised to do
so by the Corporation.
Penalty: 5 penalty units.
36. Climbing on trees or structures
During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not climb or
attempt to climb or remain on any tree or structure
unless authorised by the Corporation to climb or
remain on that tree or structure.
Penalty: 5 penalty units.
37. No smoking areas
(1) During the race period in respect of a year, the
Corporation may designate any part of the
declared area in respect of that year or a
designated access area to be a no smoking area.
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(2) The Corporation must designate a no smoking
area by—
(a) posting an acceptable no smoking sign at or
near the entrance to that area; or
(b) if there is no defined entrance, posting an
acceptable no smoking sign at reasonable
intervals throughout the area.
(3) A person must not smoke in an area designated to
be a no smoking area.
Penalty: 5 penalty units.
38. Busking
During the race period in respect of a year, a
person must not busk within the declared area in
respect of that year or a designated access area
unless authorised to do so by the Corporation.
Penalty: 5 penalty units.
39. Causing unreasonable annoyance
During the race period in respect of a year, an
authorised person or a member of the police force
may direct a person who is in the declared area in
respect of that year or a designated access area to
leave the declared area or designated access area
if the authorised person or member believes on
reasonable grounds that the person is causing
unreasonable annoyance to—
(a) spectators; or
(b) persons who are officiating at any race, event
or activity comprising a Formula One event;
or
(c) persons who are employed or contracted by
the Corporation.
__________________
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PART 5—ADVERTISING AND SALE OF GOODS
40. Prohibition of advertisements
(1) Subject to sub-regulation (5), during the race
period in respect of a year, a person must not,
without the written authorisation of the
Corporation, cause any poster, placard, bill,
banner, print, paper or advertisement to be affixed
to or placed on any building or structure, tree,
fence or cordon that is—
(a) within the declared area in respect of that
year or a designated access area; or
(b) on any fence, cordon or structure defining
the boundary of the declared area or a
designated access area.
Penalty: 20 penalty units.
(2) An authorised person or a member of the police
force may remove any poster, placard, bill,
banner, print, paper or advertisement affixed to or
placed on any building or structure, tree, fence or
cordon in contravention of sub-regulation (1).
(3) During the race period in respect of a year, a
person must not, without the written authorisation
of the Corporation, distribute or promote any
advertising or promotional material, samples of
goods or services, or any other matter or thing to
members of the public within the declared area in
respect of that year or a designated access area.
Penalty: 20 penalty units.
(4) Subject to sub-regulation (5), during the race
period in respect of a year, a person must not,
without the written authorisation of the
Corporation, display or attempt to display for a
commercial purpose any advertising or
promotional material, samples of goods or
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services, or any other matter or thing (other than
articles of clothing being worn) to members of the
public within the declared area in respect of that
year or a designated access area.
Penalty: 20 penalty units.
(5) Sub-regulations (1) and (4) do not apply to an
owner or occupier of a building or structure or the
holder of a lease or licence relating to a building
or structure in the declared area in respect of a
year, who has caused or permitted advertising
material to be affixed to or placed on, or to remain
on, the building or structure.
Note: See section 40 of the Act.
41. Sale of goods or services
(1) During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not hawk,
sell, offer or expose for sale to members of the
public any goods or services or collect money or
orders from members of the public for goods or
services without the written authorisation of the
Corporation to do so.
Penalty: 20 penalty units.
(2) During the race period in respect of a year and
within the declared area in respect of that year or a
designated access area, a person must not sell,
offer or make available for sale, or give away any
ticket to a Formula One event whether valid, an
imitation or forged without the written
authorisation of the Corporation to do so.
Penalty: 20 penalty units.
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(3) During the race period in respect of a year, a
person must not bring into or attempt to bring into
the declared area in respect of that year or a
designated access area goods or tickets (whether
valid, an imitation or forged) for the purpose of
distribution or sale to members of the public
without the written authorisation of the
Corporation to bring those goods or tickets into
the area for distribution or sale.
Penalty: 10 penalty units.
__________________
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PART 6—ENFORCEMENT
42. Surrender of items
An authorised person or a member of the police
force may request a person to surrender—
(a) any item that the person has in his or her
possession in contravention of regulation 17;
or
(b) a prohibited item that the person has in his or
her possession in contravention of
regulation 18; or
(c) any item that the authorised person or
member believes on reasonable grounds has
been, or is being, used in contravention of
regulation 19, 20, 21, 22, 23, 24, 25, 26, 27,
28, 29, 30, 31, 32(1), 33, 34, 35 or 36; or
(d) any matter or thing distributed, promoted or
displayed in contravention of regulation
40(3) or 40(4); or
(e) any item sold or being offered or exposed for
sale in contravention of regulation 41.
43. Inspection
(1) During the race period in respect of a year, an
authorised person or a member of the police
force—
(a) may request a person to produce and open
for inspection any bag, basket or other
receptacle that the person intends to take into
or has in the declared area in respect of that
year or a designated access area;
(b) may request a person who has entered or
intends to enter the declared area or a
designated access area to turn out his or her
pockets.
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(2) An authorised person or a member of the police
force may direct a person not to enter the declared
area in respect of that year or a designated access
area during the race period if the person refuses to
comply with a request under sub-regulation (1).
(3) A person who has been given a direction under
sub-regulation (2) must comply with that
direction.
Penalty: 20 penalty units.
44. Direction to leave if failure to produce ticket or
surrender item
(1) During the race period in respect of a year, an
authorised person or a member of the police force
may direct a person to leave a reserved area or a
reserved seat if the person refuses or fails to
comply with a request under regulation 14(5) to
produce a ticket.
(2) During the race period in respect of a year, an
authorised person or a member of the police force
may direct a person to leave the declared area in
respect of that year or a designated access area if
the person refuses to comply with a request—
(a) under regulation 42 to surrender an item,
matter or thing; or
(b) under regulation 43(1) to produce or open for
inspection a bag, basket or other receptacle,
or to turn out his or her pockets.
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45. Direction to leave if offence committed
(1) During the race period in respect of a year, if an
authorised person or a member of the police force
believes on reasonable grounds that a person has
committed an offence against regulation 14(3), he
or she may—
(a) inform the person that he or she has formed
that belief; and
(b) direct the person to leave the reserved area.
(2) During the race period in respect of a year, if an
authorised person or a member of the police force
believes on reasonable grounds that a person has
committed an offence against regulation 14(4), he
or she may—
(a) inform the person that he or she has formed
that belief; and
(b) direct the person to leave the reserved seat.
(3) During the race period in respect of a year, if an
authorised person or a member of the police force
believes on reasonable grounds that a person has
committed an offence against regulation 37(3), he
or she may—
(a) inform the person that he or she has formed
that belief; and
(b) direct the person to leave the no smoking
area.
(4) During the race period in respect of a year, if an
authorised person or a member of the police force
believes on reasonable grounds that a person has
committed a relevant offence, he or she may—
(a) inform the person that he or she has formed
that belief; and
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(b) direct the person to leave the declared area in
respect of that year or the designated access
area.
(5) In sub-regulation (4), a "relevant offence" means
an offence against regulation 8, 9, 10, 11, 12,
13(3), 15(3), 15(4), 17(1), 18, 19, 20, 21, 22, 23,
24, 25, 26, 27, 28, 29, 30, 31, 32(1), 33, 34, 35,
36, 38, 40(1), 40(3), 40(4), 41 or 43(3).
46. Police may use reasonable force
During the race period in respect of a year, a
member of the police force, using no more force
than is reasonably necessary—
(a) may expel a person from a reserved area or a
reserved seat if the person has refused to
comply with a direction under regulation
44(1), 45(1) or 45(2) to leave a reserved area
or a reserved seat, as the case requires;
(b) may expel a person from an area that has
been designated by the Corporation to be a
no smoking area under regulation 37(2) if the
person has refused to comply with a
direction under regulation 45(3) to leave the
no smoking area;
(c) may expel a person from a declared area in
respect of that year or a designated access
area if the person has refused to comply with
a direction under these Regulations to leave
the declared area or a designated access area;
(d) may prevent a person from re-entering the
declared area in respect of that year or a
designated access area in contravention of
regulation 10.
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47. Additional powers of authorised persons and police
(1) In addition to any other powers conferred by these
Regulations, during the race period in respect of a
year an authorised person or a member of the
police force—
(a) may request a person in the declared area in
respect of that year or a designated access
area to produce a ticket or other satisfactory
evidence of that person's entitlement to be a
permitted entrant;
(b) may direct a person not to enter the declared
area in respect of that year or a designated
access area if the person—
(i) is not a permitted entrant; or
(ii) is entering or attempting to enter the
declared area or designated access area
otherwise than through a designated
entrance; or
(iii) is in possession of a prohibited item; or
(iv) is in possession of alcohol in
contravention of regulation 17;
(c) if a person is leaving or attempting to leave
the declared area in respect of a year or a
designated access area otherwise than
through a designated exit, may direct that
person to leave the declared area or
designated access area through a designated
exit.
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(2) In addition to any other powers conferred by these
Regulations or any other laws, during the race
period in respect of a year a member of the police
force, using no more force than is reasonably
necessary—
(a) may prevent a person from entering or
attempting to enter the declared area in
respect of that year or a designated access
area if the person—
(i) is not a permitted entrant; or
(ii) is entering or attempting to enter the
declared area or designated access area
otherwise than through a designated
entrance; or
(iii) is in possession of a prohibited item; or
(iv) is in possession of alcohol in
contravention of regulation 17;
(b) may prevent a person from leaving or
attempting to leave the declared area in
respect of that year or a designated access
area otherwise than through a designated
exit.
__________________
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PART 7—REGULATION OF ACTIVITIES DURING
SPECIFIED PERIOD
48. Safe and orderly conduct of works
(1) During the specified period in respect of a year
and within the declared area in respect of that year
or a designated access area, a person must not act
or conduct himself or herself in such a way as to
obstruct, hinder or endanger or attempt to
obstruct, hinder or endanger the safe and orderly
carrying out of works, provision of services or
undertaking of activities by or on behalf of the
Corporation within the area.
Penalty: 20 penalty units.
(2) During the specified period in respect of a year a
person in the declared area in respect of that year
or a designated access area must not enter or
attempt to enter or remain in a works area unless
authorised to do so by the Corporation.
Penalty: 20 penalty units.
(3) During the specified period in respect of a year, an
authorised person or a member of the police force
may direct a person—
(a) to immediately withdraw to a safe distance
from a works area, being a reasonable
distance from the works area as indicated by
an authorised person or a member of the
police force; and
(b) not to approach any closer to the works area
than that distance.
(4) A person who has been given a direction under
sub-regulation (3) must comply with that
direction.
Penalty: 20 penalty units.
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49. Regulation of entry during specified period
(1) In addition to any other powers conferred by these
Regulations or any other laws, during the
specified period in respect of a year an authorised
person or a member of the police force may direct
a person in the declared area in respect of a year
or a designated access area to leave that area if
that person obstructs, hinders or endangers or
attempts to obstruct, hinder or endanger—
(a) the carrying out of works; or
(b) the provision of services; or
(c) any other activity undertaken by or on behalf
of the Corporation in that area under the Act
or these Regulations.
(2) A person who has been given a direction under
sub-regulation (1) must comply with that
direction.
Penalty: 20 penalty units.
(3) A member of the police force, using no more
force than is reasonably necessary, may expel a
person from the declared area in respect of a year
or a designated access area if the person has
refused to comply with a direction under sub-
regulation (1).
50. Re-entry after direction to leave or expulsion during
specified period
(1) During the specified period in respect of a year, a
person who has been given a direction to leave
under regulation 49(1) or who is expelled under
regulation 49(3), must not re-enter or attempt to
re-enter any of those areas for the relevant period
specified in sub-regulation (2).
Penalty: 20 penalty units.
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(2) For the purposes of sub-regulation (1), the
relevant period for which a person must not
re-enter a declared area in respect of a year or a
designated access area is—
(a) if it is the first occasion during the specified
period on which the person has been directed
to leave or has been expelled, until the
expiration of 24 hours after the expulsion or
direction or the end of the specified period,
whichever first occurs;
(b) if it is the second occasion on which the
person has been directed to leave or has been
expelled, until the expiration of 7 days after
the expulsion or direction or the end of the
specified period, whichever first occurs;
(c) if it is the third or a subsequent occasion on
which the person has been directed to leave
or has been expelled, until the expiration of
the specified period.
Penalty: 20 penalty units.
(3) Nothing in this regulation prevents a person
during the specified period in respect of a year but
outside the race period in respect of a year—
(a) from driving a vehicle, or being a passenger
in a vehicle driven, on a public highway
through the declared area or a designated
access area; or
(b) from attending in the declared area or a
designated access area—
(i) a public entertainment approved by the
committee of management;
(ii) a public sporting activity approved by
the committee of management; or
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(c) from patronising a business that is
permanently located in the declared area or a
designated access area.
__________________
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PART 8—GENERAL
51. Prescribed fee
The prescribed fee for the purposes of section 37
of the Act is 20 fee units plus 5 fee units for each
day or part of a day during which the vehicle is
kept in a convenient place by the Corporation.
52. Items not to be brought in
(1) Nothing in these Regulations prevents the
Corporation from making it a condition of entry to
the declared area in respect of a year or a
designated access area during the race period in
respect of that year, that certain items must not be
brought into the declared area or designated
access area.
(2) The Corporation must erect signs or notices at
each designated entrance that describe the items
identified in sub-regulation (1) as items which
must not be brought into the declared area in
respect of a year or the designated access area.
═══════════════
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ENDNOTES
1 Reg. 4: S.R. No. 151/1996.
——
Fee Units
These Regulations provide for fees by reference to units established under the
Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that
Act, by multiplying the number of fee units applicable by the value of a fee
unit.
The value of a fee unit for the financial year commencing 1 July 2006 is
$10.75. The amount of the calculated fee may be rounded to the nearest
10 cents.
The value of a fee unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
fee unit for a financial year must be published in the Government Gazette and
a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units
established under the Monetary Units Act 2004.
The amount of the penalty is to be calculated, in accordance with section 7 of
that Act, by multiplying the number of penalty units applicable by the value
of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2006, is
$107.43. The amount of the calculated penalty may be rounded to the nearest
dollar.
The value of a penalty unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
penalty unit for a financial year must be published in the Government Gazette
and a Victorian newspaper before 1 June in the preceding financial year.
Endnotes
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