Major Sporting Events Amendment Act 2013
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Major Sporting Events Amendment Act 2013
No. 16 of 2013
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
PART 2—CROWD MANAGEMENT 3
4 Definitions 3
5 Application of crowd management provisions 6
6 New section 67A inserted 6
67A Offence to deface or damage sporting competition
space or structure in that space 6
7 New section 74A inserted 7
74A Offence to enter a venue without a ticket or authority 7
8 Venue manager or event organiser may authorise certain
activities 7
9 Direction to leave event venue or event area 7
10 Directions to leave—disruptive behaviour etc. 8
11 Ban orders 8
12 Power to require name and address 8
13 New section 88A inserted 9
88A Requirement to produce evidence of name and
address 9
14 Refusal to give name and address 9
15 Inspection 10
16 New section 90A inserted 10
90A Disclosure of information 10
17 Infringement notices, penalties and offences 12
PART 3—AERIAL ADVERTISING AND SPORTS EVENT
TICKETING AMENDMENTS 13
18 Definitions 13
19 Power of authorised officer to require information or
documents repealed 14
20 Protection against self-incrimination 14
21 Ticketing guidelines 14
-- 1 of 28 --
Section Page
ii
Authorised by the Chief Parliamentary Counsel
22 New sections 166A and 166B inserted 15
166A Sale of 5 or less tickets at a premium (scalping) 15
166B Advertising for resale of 5 or less tickets at a
premium 16
23 Section 167 substituted and new sections 167A to 167F
inserted 17
167 Who can commence proceedings for offences? 17
167A Infringement notices, penalties and offences for this
Part 17
167B Seizure of tickets 18
167C Temporary surrender of tickets by purchaser for
evidentiary purposes 20
167D Police may retain tickets seized from scalper for
purpose of proceedings 20
167E Application by scalper to Magistrates' Court for
return of tickets 21
167F Forfeiture to the Crown 22
24 Court order to answer questions or produce information or
documents and seizure of documents under the order 22
25 Protection against self-incrimination 22
PART 4—MISCELLANEOUS AMENDMENTS 23
26 Major sporting events guidelines 23
27 Noise and light 23
28 Repeal of Division 1 of Part 13 23
29 New section 205A inserted 23
205A Major Sporting Events Amendment Act 2013—
transitional provisions 23
PART 5—REPEAL OF AMENDING ACT 25
30 Repeal of amending Act 25
═══════════════
ENDNOTES 26
-- 2 of 28 --
Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Major Sporting Events Amendment Act
2013 †
No. 16 of 2013
[Assented to 26 March 2013]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The main purpose of this Act is to amend the
Major Sporting Events Act 2009 to—
(a) extend the crowd management provisions to
additional major sporting events and venues;
and
Victoria
-- 3 of 28 --
Part 1—Preliminary
Major Sporting Events Amendment Act 2013
No. 16 of 2013
2
Authorised by the Chief Parliamentary Counsel
(b) further provide for the powers of authorised
officers in relation to crowd management;
and
(c) provide for new offences and infringement
offences; and
(d) enhance banning order powers; and
(e) extend the aerial advertising provisions to
additional major sporting events; and
(f) provide further for the enforcement of
offences against the sports event ticketing
provisions; and
(g) make other minor and consequential
amendments to the Act.
2 Commencement
(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 December 2013,
it comes into operation on that day.
3 Principal Act
In this Act, the Major Sporting Events Act 2009
is called the Principal Act.
__________________
s. 2
See:
Act No.
30/2009
and
amending
Act Nos
68/2009,
65/2010,
29/2011,
79/2011 and
21/2012.
LawToday:
www.
legislation.
vic.gov.au
-- 4 of 28 --
Part 2—Crowd Management
Major Sporting Events Amendment Act 2013
No. 16 of 2013
3
Authorised by the Chief Parliamentary Counsel
PART 2—CROWD MANAGEMENT
4 Definitions
(1) In section 3(1) of the Principal Act—
(a) insert the following definitions—
"Caulfield Guineas Day means the fourth
Saturday before Melbourne Cup Day;
Docklands Stadium concourse means—
(a) the land shown hatched on the
plan LEGL./11-080 kept in the
Central Plan Office maintained
under the Survey Co-ordination
Act 1958 other than the part of
that land comprising Docklands
Stadium; and
(b) any other land or stratum of land
to which an order under
subsection (3) applies;
Lakeside Stadium means the area shown
hatched on the plan LEGL./11-036 kept
in the Central Plan Office maintained
under the Survey Co-ordination Act
1958;
Thousand Guineas Day means the third
Wednesday before Melbourne Cup
Day;";
(b) in the definition of aerial advertising
limitation time, in paragraph (d) for "Motor
Cycle" substitute "Motorcycle";
(c) in the definition of aerial advertising venue,
in paragraph (d) for "Motor Cycle"
substitute "Motorcycle";
(d) in the definition of event organiser, in
paragraph (d) for "Motor Cycle" substitute
"Motorcycle";
s. 4
-- 5 of 28 --
Part 2—Crowd Management
Major Sporting Events Amendment Act 2013
No. 16 of 2013
4
Authorised by the Chief Parliamentary Counsel
(e) in the definition of event venue, in
paragraph (c) after "Stadium" insert ", and,
in accordance with section 61(3A), the
Docklands Stadium concourse";
(f) in the definition of event venue, for
paragraph (h) substitute—
"(h) the Lakeside Stadium;
(ha) the Caulfield Racecourse on any of the
following—
(i) Caulfield Cup Day;
(ii) Caulfield Guineas Day;
(iii) Thousand Guineas Day;
(hb) the Flemington Racecourse on a day
that a race meeting of the Melbourne
Cup Carnival takes place;
(hc) the Moonee Valley Racecourse on Cox
Plate Day;";
(g) in the definition of major sporting event,
after paragraph (d) insert—
"(da) any Melbourne Cup Carnival race
meeting held at the Flemington
Racecourse;
(db) any Caulfield Cup Day race meeting
held at the Caulfield Racecourse;
(dc) any Caulfield Guineas Day race
meeting held at the Caulfield
Racecourse;
(dd) any Thousand Guineas Day race
meeting held at the Caulfield
Racecourse;
(de) any Cox Plate Day race meeting held at
the Moonee Valley Racecourse;".
s. 4
-- 6 of 28 --
Part 2—Crowd Management
Major Sporting Events Amendment Act 2013
No. 16 of 2013
5
Authorised by the Chief Parliamentary Counsel
(2) In section 3(1) of the Principal Act—
(a) the definition of Bob Jane Stadium is
repealed;
(b) in the definition of prohibited item
paragraph (l) is repealed.
(3) After section 3(2) of the Principal Act insert—
"(3) The Governor in Council, by Order
published in the Government Gazette, may
declare land or a stratum of land to be
included as part of the Docklands Stadium
concourse for the purposes of this Act for a
specified period.
(4) An Order under subsection (3) must include
a plan or a reference to a lodged plan kept in
the Central Plan Office maintained under the
Survey Co-ordination Act 1958 of the land
or stratum of land to which the Order
applies.
(5) An Order under subsection (3) must not
apply to land or a stratum of land unless—
(a) it is in the area bounded by La Trobe
Street, Wurundjeri Way, Bourke Street
and Harbour Esplanade in the
docklands area within the meaning of
the Docklands Act 1991, excluding
any footpaths running along those
roads; and
(b) it is in an area accessible to the
public.".
s. 4
-- 7 of 28 --
Part 2—Crowd Management
Major Sporting Events Amendment Act 2013
No. 16 of 2013
6
Authorised by the Chief Parliamentary Counsel
5 Application of crowd management provisions
(1) After section 61(3) of the Principal Act insert—
"(3A) The following provisions of this Part apply
to the Docklands Stadium concourse on any
day that a major sporting event is held at the
event venue referred to in paragraph (c) of
the definition of event venue as if the
Docklands Stadium concourse were an event
venue on that day—
(a) sections 63, 64 and 84;
(b) sections 75 to 78, 80, 81, 83, 85 to 89
and 90A in so far as those sections
relate to sections 63, 64 or 84;
(c) Division 6 in so far as it relates to
sections 63, 85, 89(1) or 89(2).".
(2) At the foot of section 61 of the Principal Act
insert—
"Note
See also section 6.".
6 New section 67A inserted
After section 67 of the Principal Act insert—
"67A Offence to deface or damage sporting
competition space or structure in that
space
(1) A person must not deface or damage a
sporting competition space within an event
venue except with the authorisation of the
venue manager or event organiser.
Penalty: 20 penalty units.
s. 5
-- 8 of 28 --
Part 2—Crowd Management
Major Sporting Events Amendment Act 2013
No. 16 of 2013
7
Authorised by the Chief Parliamentary Counsel
(2) A person must not deface or damage any
structure, equipment or vehicle in a sporting
competition space within an event venue
except with the authorisation of the venue
manager or event organiser.
Penalty: 20 penalty units.".
7 New section 74A inserted
After section 74 of the Principal Act insert—
"74A Offence to enter a venue without a ticket
or authority
A person must not, without reasonable
excuse, enter any part of an event venue for
which a ticket for a major sporting event is
required on a day on which the major
sporting event is held at the venue without—
(a) a valid ticket for that event; or
(b) the authorisation of the venue manager
or the event organiser.
Penalty: 20 penalty units.".
8 Venue manager or event organiser may authorise
certain activities
In section 75(1) of the Principal Act—
(a) after "67," insert "67A,";
(b) for "or 74" substitute ", 74 or 74A".
9 Direction to leave event venue or event area
In section 83(1)(a) of the Principal Act—
(a) for "67," substitute "67, 67A(1), 67A(2),";
(b) for "73 or 74" substitute "73, 74 or 74A".
s. 7
-- 9 of 28 --
Part 2—Crowd Management
Major Sporting Events Amendment Act 2013
No. 16 of 2013
8
Authorised by the Chief Parliamentary Counsel
10 Directions to leave—disruptive behaviour etc.
At the end of section 84 of the Principal Act
insert—
"(2) An authorised officer who is a member of
the police force may require a person who
has been given a direction under subsection
(1) to give his or her name and address to the
officer.
Note
Section 184(2) sets out that an authorised officer must
produce his or her identity card for inspection when
exercising a power under this Act.".
11 Ban orders
In section 87(2)(a) of the Principal Act for
"68 or 69" substitute "67(2), 67A(1), 67A(2), 68,
69, 85(1), 85(2) or 85(3)".
12 Power to require name and address
(1) In section 88(1) of the Principal Act for "68, 69,
70, 71, 72, 73 or 74" substitute "67A(1), 67A(2),
68, 69, 70, 71, 72, 73, 74, 74A, 85(1), 85(2),
85(3), 86(7) or 87(6)".
(2) In section 88(2) of the Principal Act for "state"
substitute "give".
(3) In section 88(2)(b) of the Principal Act—
(a) after "67," insert "67A(1), 67A(2),";
(b) for "or 74" substitute ", 74, 74A, 85(1),
85(2), 85(3), 86(7) or 87(6)".
s. 10
-- 10 of 28 --
Part 2—Crowd Management
Major Sporting Events Amendment Act 2013
No. 16 of 2013
9
Authorised by the Chief Parliamentary Counsel
13 New section 88A inserted
After section 88 of the Principal Act insert—
"88A Requirement to produce evidence of name
and address
(1) If a person gives a name and address in
response to a request made under
section 88(1) and the authorised officer
believes on reasonable grounds that the name
or the address may be false, the authorised
officer may request the person to produce
evidence of his or her name and address.
(2) If a person gives a name and address in
response to a request made under
section 84(2) or 90(5A) and the authorised
officer who is a member of the police force
believes on reasonable grounds that the name
or the address may be false, the authorised
officer may request the person to produce
evidence of his or her name and address.
(3) A person must comply with a request under
subsection (1) or (2) unless he or she has a
reasonable excuse not to do so.
Penalty: 5 penalty units.".
14 Refusal to give name and address
In section 89 of the Principal Act for "section 88"
(wherever occurring) substitute "sections 84(2),
88 and 90(5A)".
s. 13
-- 11 of 28 --
Part 2—Crowd Management
Major Sporting Events Amendment Act 2013
No. 16 of 2013
10
Authorised by the Chief Parliamentary Counsel
15 Inspection
After section 90(5) of the Principal Act insert—
"(5A) An authorised officer who is a member of
the police force may require a person who
has been given a direction under subsection
(4) or (5) to give his or her name and address
to the officer.
Note
Section 184(2) sets out that an authorised officer must
produce his or her identity card for inspection when
exercising a power under this Act.".
16 New section 90A inserted
After section 90 of the Principal Act insert—
"90A Disclosure of information
(1) An authorised officer who is not a member
of the police force must not disclose any
information obtained during the course of the
officer's duties or the exercise of a power
under section 88 or 88A except as authorised
under this section.
Penalty: 50 penalty units.
(2) An authorised officer referred to in
subsection (1) is authorised and may disclose
information obtained in the course of the
officer's duties or the exercise of a power
under section 88 or 88A—
(a) if the authorised officer reasonably
believes that the disclosure is
necessary—
(i) for or in connection with the
administration of this Act; or
s. 15
-- 12 of 28 --
Part 2—Crowd Management
Major Sporting Events Amendment Act 2013
No. 16 of 2013
11
Authorised by the Chief Parliamentary Counsel
(ii) to assist a relevant person or the
authorised officer to exercise a
power, or perform a duty or
function, under this Act or the
regulations made under this Act;
or
(b) in the following circumstances—
(i) for the purposes of any legal
proceedings arising out of this Act
or of any report of such
proceedings; or
(ii) for the purposes of any other legal
proceedings; or
(iii) to a court or tribunal in the course
of legal proceedings; or
(iv) pursuant to an order of a court or
tribunal; or
(v) to the extent reasonably required
for any other law enforcement
purposes; or
(vi) with the written authority of the
Secretary; or
(vii) with the written authority of the
person to whom the information
relates.
(3) In this section—
relevant person means—
(a) the Secretary; or
(b) a person authorised under
section 167(1)(b); or
(c) a person authorised to bring a
proceeding under section
188(1)(b) or (d); or
s. 16
-- 13 of 28 --
Part 2—Crowd Management
Major Sporting Events Amendment Act 2013
No. 16 of 2013
12
Authorised by the Chief Parliamentary Counsel
(d) the Director of Public
Prosecutions; or
(e) a member of the police force.".
17 Infringement notices, penalties and offences
(1) In section 91(1) of the Principal Act—
(a) for "67(1)," substitute "66(1), 67(1),
67A(1), 67A(2),";
(b) after "70," insert "74, 74A,";
(c) for "or 85(3)" substitute ", 85(3), 89(1)
or 89(2)".
(2) In section 91(3)(a) of the Principal Act—
(a) for "65, 67(1)," substitute ", 66(1), 67(1),
67A(1), 67A(2),";
(b) for "70 and" substitute "70, 74A".
(3) After section 91(3)(a) of the Principal Act
insert—
"(ab) against sections 74, 89(1) and 89(2) is
1 penalty unit; and
(ac) against section 65 is 5 penalty units; and".
(4) In section 91(3)(b) of the Principal Act for
"3 penalty units" substitute "7·5 penalty units".
__________________
s. 17 s. 17
-- 14 of 28 --
Part 3—Aerial Advertising and Sports Event Ticketing Amendments
Major Sporting Events Amendment Act 2013
No. 16 of 2013
13
Authorised by the Chief Parliamentary Counsel
PART 3—AERIAL ADVERTISING AND SPORTS EVENT
TICKETING AMENDMENTS
18 Definitions
(1) In section 3(1) of the Principal Act, in the
definition of aerial advertising event—
(a) after paragraph (a) insert—
"(ab) any One Day International cricket
match held at the MCG;
(ac) any Twenty20 international cricket
match held at the MCG;";
(b) after paragraph (f) insert—
"(fa) the Australian Football League match
played at the MCG on ANZAC Day;";
(c) after paragraph (j) insert—
"(k) if an event referred to in paragraphs (a)
to (j) is to be replayed or rescheduled
for any reason, that replayed event or
that rescheduled event;".
(2) In section 3(1) of the Principal Act, in the
definition of aerial advertising limitation time—
(a) after paragraph (a) insert—
"(ab) in relation to any One Day International
cricket match held at the MCG from
12 noon until 11 p.m. on the day of that
event;
(ac) in relation to any Twenty20
international cricket match held at the
MCG from 2 p.m. until 11 p.m. on the
day of that event;";
s. 18
-- 15 of 28 --
Part 3—Aerial Advertising and Sports Event Ticketing Amendments
Major Sporting Events Amendment Act 2013
No. 16 of 2013
14
Authorised by the Chief Parliamentary Counsel
(b) after paragraph (f) insert—
"(fa) in relation to an Australian Football
League match played at the MCG on
ANZAC Day, from 9 a.m. until
7 p.m.;".
(3) In section 3(1) of the Principal Act, in the
definition of aerial advertising venue—
(a) after paragraph (a) insert—
"(ab) in relation to any One Day International
cricket match held at the MCG, the
MCG;
(ac) in relation to any Twenty20
international cricket match held at the
MCG, the MCG;";
(b) after paragraph (f) insert—
"(fa) in relation to the Australian Football
League match played at the MCG on
ANZAC Day, the MCG;".
(4) In section 3(1) of the Principal Act insert the
following definition—
"ANZAC Day has the meaning given in section 3
of the ANZAC Day Act 1958;".
19 Power of authorised officer to require information
or documents repealed
Section 144 of the Principal Act is repealed.
20 Protection against self-incrimination
Section 146(2) of the Principal Act is repealed.
21 Ticketing guidelines
After section 163(2) of the Principal Act insert—
"(2A) For the purposes of subsection (2)(b) and (c),
a condition prohibiting or restricting the sale
or distribution of tickets for a sports ticketing
s. 19
-- 16 of 28 --
Part 3—Aerial Advertising and Sports Event Ticketing Amendments
Major Sporting Events Amendment Act 2013
No. 16 of 2013
15
Authorised by the Chief Parliamentary Counsel
event includes doing any of the following
without the written consent of the sports
event organiser—
(a) advertising tickets for sale at a price
that exceeds the face value purchase
price of each of the tickets;
(b) offering tickets for sale, or selling
tickets, at a price that exceeds the face
value purchase price of each of the
tickets;
(c) using tickets for promotional or other
commercial activities;
(d) using tickets to enhance demand for
other goods and services.".
22 New sections 166A and 166B inserted
After section 166 of the Principal Act insert—
"166A Sale of 5 or less tickets at a premium
(scalping)
(1) A person who is not authorised to do so must
not sell tickets for a sports ticketing event on
which a ticket condition under an approved
ticket scheme prohibiting or restricting the
sale or distribution of the tickets is printed if
the sale is—
(a) of 5 or less tickets; and
(b) at a premium price, being a price that—
(i) in the case of more than one ticket
being sold, exceeds the combined
face value purchase price of all
those tickets;
s. 22
-- 17 of 28 --
Part 3—Aerial Advertising and Sports Event Ticketing Amendments
Major Sporting Events Amendment Act 2013
No. 16 of 2013
16
Authorised by the Chief Parliamentary Counsel
(ii) in the case of one ticket being
sold, exceeds its face value
purchase price.
Penalty: 30 penalty units.
(2) Nothing in this section limits the operation
of section 166.
166B Advertising for resale of 5 or less tickets at
a premium
(1) A person who is not authorised to do so must
not advertise or offer for resale tickets for a
sports ticketing event on which a ticket
condition under an approved ticket scheme
prohibiting or restricting the sale or
distribution of the tickets is printed if the
advertisement or offering for resale is—
(a) for 5 or less tickets; and
(b) at a premium price, being a price that—
(i) in the case of more than one ticket
being sold, exceeds the combined
face value purchase price of all
those tickets;
(ii) in the case of one ticket being
sold, exceeds its face value
purchase price.
Penalty: 30 penalty units.
(2) Nothing in this section limits the operation
of section 166.".
s. 22
-- 18 of 28 --
Part 3—Aerial Advertising and Sports Event Ticketing Amendments
Major Sporting Events Amendment Act 2013
No. 16 of 2013
17
Authorised by the Chief Parliamentary Counsel
23 Section 167 substituted and new sections 167A
to 167F inserted
For section 167 of the Principal Act substitute—
"167 Who can commence proceedings for
offences?
(1) A proceeding for an offence against this Part
may be commenced by—
(a) the Secretary; or
(b) a person authorised in writing by the
Secretary for the purposes of this
section; or
(c) the Director of Public Prosecutions; or
(d) a member of the police force.
(2) A proceeding commenced under subsection
(1) may be taken over and continued at any
time by any other person authorised by
subsection (1) to commence proceedings.
(3) In a proceeding for an offence against this
Part, it must be presumed, in the absence of
evidence to the contrary, that the person
commencing the proceeding was authorised
to commence the proceeding.
167A Infringement notices, penalties and
offences for this Part
(1) A member of the police force may serve an
infringement notice on a person who the
member of the police force has reason to
believe has committed an offence against
section 166A or 166B.
(2) An offence referred to in subsection (1) for
which an infringement notice may be served
is an infringement offence within the
meaning of the Infringements Act 2006.
s. 23
-- 19 of 28 --
Part 3—Aerial Advertising and Sports Event Ticketing Amendments
Major Sporting Events Amendment Act 2013
No. 16 of 2013
18
Authorised by the Chief Parliamentary Counsel
(3) The infringement penalty for an offence
against section 166A or 166B is 5 penalty
units.
(4) For the purposes of this section, an
infringement notice—
(a) must be in the form required by
section 13 of the Infringements Act
2006; and
(b) must also state that payment of the
infringement penalty for the
infringement offence will result in the
forfeiture of any ticket to which the
infringement offence relates.
167B Seizure of tickets
(1) Subject to the requirements of this section, if
a member of the police force believes on
reasonable grounds that a person has
committed, is committing or is about to
commit an offence against section 166, 166A
or 166B, the member of the police force may
seize any tickets to which the offence relates
from a person who allegedly has committed,
is committing or is about to commit an
offence against section 166, 166A or 166B
(a scalper).
(2) Subject to the requirements of this section, if
a member of the police force serves an
infringement notice on a person for an
infringement offence against section 166A
or 166B, the member of the police force may
seize any tickets to which the offence relates
from a scalper.
(3) Before a member of the police force seizes
tickets under subsection (1) or (2), the
member must—
s. 23
-- 20 of 28 --
Part 3—Aerial Advertising and Sports Event Ticketing Amendments
Major Sporting Events Amendment Act 2013
No. 16 of 2013
19
Authorised by the Chief Parliamentary Counsel
(a) inform the person of the member's
name, rank and place of duty; and
(b) if requested by the person, provide the
information referred to in paragraph (a)
in writing; and
(c) produce the member's identification for
inspection by the person, unless the
member is in uniform; and
(d) inform the person of the intended
seizure and the member's power to
seize tickets under this section.
(4) A member of the police force is not required
to comply with subsection (3) if the member
believes on reasonable grounds that it is
impracticable to do so.
(5) If a member of the police force seizes any
tickets under this section from a scalper, the
member of the police force must give that
person a written receipt for the tickets seized
indicating—
(a) the details of the tickets seized; and
(b) the date and time that the member of
the police force took possession of the
tickets; and
(c) the name and rank of the member of the
police force who seized the tickets.
(6) A receipt referred to in subsection (5) must
be given—
(a) if possible, immediately; or
(b) if it is not possible to do so
immediately, as soon as is reasonably
practicable.
s. 23
-- 21 of 28 --
Part 3—Aerial Advertising and Sports Event Ticketing Amendments
Major Sporting Events Amendment Act 2013
No. 16 of 2013
20
Authorised by the Chief Parliamentary Counsel
167C Temporary surrender of tickets by
purchaser for evidentiary purposes
(1) A member of the police force may request
that a person who purchased, is purchasing
or is about to purchase a ticket (a purchaser)
from a person who allegedly has committed,
is committing or is about to commit an
offence against section 166, 166A or 166B to
surrender the ticket for inspection by the
member of the police force.
(2) If a purchaser surrenders a ticket under
subsection (1), the member of the police
force—
(a) may arrange for a photograph or other
image or recording of the ticket to be
made; and
(b) must record the details of the ticket and
its surrender; and
(c) may ask for the purchaser's name and
address; and
(d) must return the ticket to the purchaser
as soon as the applicable requirements
of paragraphs (a) to (c) have been met.
167D Police may retain tickets seized from
scalper for purpose of proceedings
Without limiting any other power in relation
to proceedings for an offence, including the
enforcement of an infringement offence, if a
member of the police force seizes any ticket
under section 167B from a scalper, that
member—
(a) may retain the ticket for the purposes
of—
(i) proceedings for an offence against
section 166, 166A or 166B; or
s. 23
-- 22 of 28 --
Part 3—Aerial Advertising and Sports Event Ticketing Amendments
Major Sporting Events Amendment Act 2013
No. 16 of 2013
21
Authorised by the Chief Parliamentary Counsel
(ii) enforcement of an infringement
offence against section 166A
or 166B; and
(b) must otherwise deal with that ticket in
accordance with law.
167E Application by scalper to Magistrates'
Court for return of tickets
(1) A person referred to in section 167B(1)
or (2) from whom any ticket has been seized
under section 167B may apply to the
Magistrates' Court for the return of that
ticket.
(2) An application under subsection (1) may be
made at any time after the seizure, but must
not be made if—
(a) proceedings for an offence against
section 166, 166A or 166B have been
commenced and are ongoing in respect
of that seized ticket; or
(b) the person on whom an infringement
notice has been served for an
infringement offence against
section 166A or 166B has expiated
that offence by payment of the
infringement penalty in accordance
with the Infringements Act 2006.
(3) On an application under subsection (1), the
Magistrates' Court may make any of the
following orders or any combination of those
orders—
(a) an order for the return of the ticket;
(b) an order for the return of the ticket
subject to any specified conditions;
(c) any other order it considers appropriate.
s. 23
-- 23 of 28 --
Part 3—Aerial Advertising and Sports Event Ticketing Amendments
Major Sporting Events Amendment Act 2013
No. 16 of 2013
22
Authorised by the Chief Parliamentary Counsel
167F Forfeiture to the Crown
(1) If a person is found guilty of an offence
against section 166, 166A or 166B, any
ticket to which the offence relates which has
been seized under section 167B is taken to
be forfeited to the Crown.
(2) Despite anything to the contrary in
Division 5 of Part 2 of the Infringements
Act 2006, if a person on whom an
infringement notice has been served for an
infringement offence against section 166A
or 166B expiates that offence by payment of
the infringement penalty in accordance
with that Act, any ticket to which the
infringement offence relates which has been
seized under section 167B is taken to be
forfeited to the Crown.
(3) The Minister may direct that any tickets
forfeited to the Crown under this section be
disposed of in any manner that the Minister
thinks fit, including destruction.".
24 Court order to answer questions or produce
information or documents and seizure of documents
under the order
Sections 172 and 173 of the Principal Act are
repealed.
25 Protection against self-incrimination
In section 176 of the Principal Act omit
"(other than produce a document)".
__________________
s. 24
-- 24 of 28 --
Part 4—Miscellaneous Amendments
Major Sporting Events Amendment Act 2013
No. 16 of 2013
23
Authorised by the Chief Parliamentary Counsel
PART 4—MISCELLANEOUS AMENDMENTS
26 Major sporting events guidelines
(1) In section 25(1) of the Principal Act—
(a) after "sporting events" insert "or venue
managers of event venues";
(b) after paragraph (c) insert—
"(ca) crowd management;".
(2) After section 25(1) of the Principal Act insert—
"(1A) A guideline made under subsection (1)(ca)
does not apply to an authorised officer who
is a member of the police force.".
27 Noise and light
In section 100 of the Principal Act for "Health
Act 1958" substitute "Public Health and
Wellbeing Act 2008".
28 Repeal of Division 1 of Part 13
Division 1 of Part 13 of the Principal Act is
repealed.
29 New section 205A inserted
After section 205 of the Principal Act insert—
"205A Major Sporting Events Amendment Act
2013—transitional provisions
(1) A major sporting event order made under
section 7(1) and in force immediately before
the commencement of section 4(1) of the
Major Sporting Events Amendment Act
2013 continues, on and from that
commencement, to have effect until it
expires despite any inconsistency with this
Act.
s. 26
-- 25 of 28 --
Part 4—Miscellaneous Amendments
Major Sporting Events Amendment Act 2013
No. 16 of 2013
24
Authorised by the Chief Parliamentary Counsel
(2) Section 87(2)(a) as amended by section 11 of
the Major Sporting Events Amendment
Act 2013 applies only to an offence against
section 67(2), 67A(1), 67A(2), 85(1), 85(2)
or 85(3) alleged to have been committed on
or after the commencement of section 11 of
that Act.
(3) For the purposes of subsection (2), if an
offence is alleged to have been committed
between 2 dates, one before and one after the
commencement of section 11 of the Major
Sporting Events Amendment Act 2013, the
alleged offence is taken to have been
committed before that commencement.
(4) Sections 167B to 167F apply only to an
offence against section 166 alleged to have
been committed on or after the
commencement of section 23 of the Major
Sporting Events Amendment Act 2013.
(5) For the purposes of subsection (4), if an
offence against section 166 is alleged to have
been committed between 2 dates, one before
and one after the commencement of
section 23 of the Major Sporting Events
Amendment Act 2013, the alleged offence
is taken to have been committed before that
commencement.".
__________________
s. 29
-- 26 of 28 --
Part 5—Repeal of Amending Act
Major Sporting Events Amendment Act 2013
No. 16 of 2013
25
Authorised by the Chief Parliamentary Counsel
PART 5—REPEAL OF AMENDING ACT
30 Repeal of amending Act
This Act is repealed on 1 December 2014.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
═══════════════
s. 30
-- 27 of 28 --
Major Sporting Events Amendment Act 2013
No. 16 of 2013
26
Authorised by the Chief Parliamentary Counsel
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 20 February 2013
Legislative Council: 7 March 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the
Major Sporting Events Act 2009 in relation to events and event venues,
crowd management, aerial advertising and sports event ticketing and for
other purposes."
Endnotes
-- 28 of 28 --