Major Events (Aerial Advertising) Act 2007
i
Major Events (Aerial Advertising) Act 2007
No. 13 of 2007
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purpose 1
2 Commencement 1
3 Definitions 2
PART 2—EVENTS AND VENUES 9
4 Event Orders 9
5 Variation Orders 10
6 Date Order takes effect 11
7 Orders to be presented to Parliament 11
8 Orders in respect of land 11
9 Amendment and revocation of Orders 11
PART 3—CONTROL OF AERIAL ADVERTISING 13
10 Offence to display unauthorised aerial advertising 13
11 Application for aerial advertising authorisation 14
12 Secretary may authorise aerial advertising 14
13 Content of aerial advertising authorisation 15
14 Notification of aerial advertising authorisations 15
15 Delegation under this Part by Secretary 16
PART 4—REMEDIES 17
16 Injunctions to restrain conduct 17
17 Power to rescind or vary injunctions 18
18 Action for damages 18
PART 5—ENFORCEMENT 20
Division 1—Authorised officers 20
19 Appointment of authorised officers 20
20 Specified training 20
21 Identification of authorised officers 21
22 Delegation 21
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Section Page
ii
Division 2—Inspection powers 22
23 Search warrant 22
24 Announcement before entry 24
25 Copy of warrant to be given to occupier 24
26 Seizure of things not mentioned in the warrant 25
27 Receipt must be given for any thing seized 25
28 Copies of certain seized things to be given 26
29 Use of equipment to examine or process things 27
30 Use or seizure of electronic equipment at premises 27
31 Return of seized things 29
32 Court may extend period 29
33 Power of authorised officer to require information or
documents 30
34 False or misleading information 30
35 Protection against self-incrimination 31
36 Offence to hinder or obstruct authorised officer 31
37 Offence to hold oneself out to be authorised officer 31
38 Entry to be reported to the Secretary 31
39 Register of exercise of powers of entry 32
40 Complaints 32
41 Disclosure of information 32
PART 6—GENERAL 34
42 Service of documents 34
43 Who can bring proceedings for offences? 34
44 Offences by bodies corporate 35
45 Conduct by officers, employees or agents 35
46 Actions by firms 37
47 Regulations 37
PART 7—AMENDMENTS TO OTHER ACTS 39
48 Amendment of Magistrates' Court Act 1989 39
68 Major Events (Aerial Advertising) Act 2007 39
49 New section 69A inserted—World Swimming Championships
Act 2004 39
69A Major Events (Aerial Advertising) Act 2007 does
not apply 39
═══════════════
ENDNOTES 40
INDEX 41
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1
Major Events (Aerial Advertising) Act
2007 †
No. 13 of 2007
[Assented to 8 May 2007]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The main purpose of this Act is to provide for the
regulation, management and control of aerial
advertising at major events in Victoria.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
Victoria
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3 Definitions
In this Act—
advertising means any form of communication
(including selling or giving away any goods
or services) made to the public or a section
of the public in relation to any—
(a) goods or services;
(b) brand of goods or services;
(c) person who provides goods or services;
aerial advertising includes—
(a) skywriting or sign writing by an
aircraft;
(b) a banner or other sign towed by or
attached to an aircraft;
(c) matter displayed on an aircraft, other
than its normal markings and livery
identifying the operator of that aircraft
or the manufacturer of that aircraft;
(d) matter displayed on—
(i) a hang glider, parachute,
paraglider or similar device, other
than its normal markings; or
(ii) a banner or sign attached to a hang
glider, parachute, paraglider or
similar device;
(e) a banner or sign attached to a person
suspended from a hang glider,
parachute, paraglider or similar device;
(f) any laser or digital projection of
advertising;
s. 3
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aerial advertising authorisation means an
authorisation given under section 12;
AFL Grand Final means the Australian Football
League Grand Final;
aircraft includes an airship, a blimp, a hot-air
balloon, a helicopter or an ultra-light aircraft;
Australian Formula One Grand Prix has the
same meaning as "Formula One event" has
in the Australian Grands Prix Act 1994;
Australian Grand Prix Corporation means the
Australian Grand Prix Corporation
established by the Australian Grands Prix
Act 1994;
Australian Motorcycle Grand Prix has the same
meaning as "Australian Motorcycle Grand
Prix event" has in the Australian Grands
Prix Act 1994;
Australian Open Tennis championships means
the Grand Slam tennis championships
conducted annually by Tennis Australia in
Melbourne;
authorised officer means a person appointed as an
authorised officer under Division 1 of Part 5;
Boxing Day cricket test means the cricket test
match held at the MCG commencing on
26 December in each year;
Caulfield Cup Day means the third Saturday
before Melbourne Cup Day;
Caulfield Racecourse means the land described in
Item 2 of Schedule 2 to the Racing Act
1958;
Cox Plate Day means the second Saturday before
Melbourne Cup Day;
event Order means an order made under section 4;
s. 3
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event organiser means—
(a) in relation to the Boxing Day cricket
test, Cricket Australia
ABN 53 006 089 130;
(b) in relation to the Australian Open
Tennis Championships, Tennis
Australia ABN 61 006 281 125;
(c) in relation to the Australian Formula
One Grand Prix, the Australian Grand
Prix Corporation;
(d) in relation to the Australian Motor
Cycle Grand Prix, the Australian Grand
Prix Corporation;
(e) in relation to the AFL Grand Final, the
Australian Football League
ABN 97 489 912 318;
(f) in relation to Caulfield Cup Day, the
Melbourne Racing Club
ABN 96 267 203 634;
(g) in relation to Cox Plate Day, the
Moonee Valley Racing Club
ABN 45 806 588 917;
(h) in relation to the Melbourne Cup
Carnival, the Victoria Racing Club
Limited ACN 119 214 078;
(i) in relation to an event to which an event
Order applies, the person or body
specified in that Order;
firm means a partnership or other unincorporated
body but does not include a trust;
Flemington Racecourse means the land described
in Item 4 of Schedule 2 to the Racing Act
1958;
s. 3
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MCG means the "Ground" within the meaning of
the Melbourne Cricket Ground Act 1933;
Melbourne Cup Carnival means the event that
consists of the following race meetings—
(a) Victoria Derby Day;
(b) Melbourne Cup Day;
(c) Oaks Day;
(d) Stakes Day;
Melbourne Cup Day means the first Tuesday in
November;
Melbourne Park has the same meaning as it has
in the Melbourne and Olympic Parks Act
1985;
Moonee Valley Racecourse means the land
described in Item 7 of Schedule 2 to the
Racing Act 1958;
Oaks Day means the first Thursday after
Melbourne Cup Day;
person includes a firm;
Phillip Island Grand Prix Circuit has the same
meaning as it has in the Australian Grands
Prix Act 1994;
Secretary means the person who for the time
being is the Department Head under the
Public Administration Act 2004 of the
Department for Victorian Communities;
specified event means—
(a) the Boxing Day cricket test;
(b) the Australian Open Tennis
Championships;
(c) the Australian Formula One Grand
Prix;
s. 3
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(d) the Australian Motorcycle Grand Prix;
(e) the AFL Grand Final;
(f) Caulfield Cup Day;
(g) Cox Plate Day;
(h) the Melbourne Cup Carnival;
(i) an event to which an event Order
applies;
specified time means—
(a) in relation to the Boxing Day cricket
test, from 9.00 a.m. until 7.00 p.m. on
each day of that event;
(b) in relation to the Australian Open
Tennis Championships, from 9.00 a.m.
until midnight on each day of that
event;
(c) in relation to the Australian Formula
One Grand Prix, from the later of—
(i) the opening time fixed by
regulations made under the
Australian Grands Prix Act
1994; or
(ii) 9.00 a.m.—
on each day of that event until the
closing time fixed by regulations made
under that Act;
(d) in relation to the Australian Motor
Cycle Grand Prix, from 9.00 a.m. until
7.00 p.m. on each day of that event;
(e) in relation to the AFL Grand Final,
from 9.00 a.m. until 7.00 p.m. on the
day of that event;
s. 3
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(f) in relation to Caulfield Cup Day, from
2 hours before the advertised starting
time of the first race until 2 hours after
the actual starting time of the last race
on the day of that event;
(g) in relation to Cox Plate Day, from
2 hours before the advertised starting
time of the first race until 2 hours after
the actual starting time of the last race
on the day of that event;
(h) in relation to the Melbourne Cup
Carnival, from 2 hours before the
advertised starting time of the first race
until 2 hours after the actual starting
time of the last race on each day of that
event;
(i) in relation to an event to which an event
Order applies, the starting time and the
finishing time specified in that Order;
specified venue means—
(a) in relation to the Boxing Day cricket
test, the MCG;
(b) in relation to the AFL Grand Final, the
MCG;
(c) in relation to the Australian Open
Tennis Championships, Melbourne
Park;
(d) in relation to the Australian Formula
One Grand Prix, the area declared by
notice under section 27 of the
Australian Grands Prix Act 1994 in
respect of the year specified in that
notice;
s. 3
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(e) in relation to the Australian Motor
Cycle Grand Prix, the Phillip Island
Grand Prix Circuit;
(f) in relation to Caulfield Cup Day, the
Caulfield Racecourse;
(g) in relation to Cox Plate Day, the
Moonee Valley Racecourse;
(h) in relation to the Melbourne Cup
Carnival, the Flemington Racecourse;
(i) in relation to an event to which an event
Order applies, the venue specified in
that Order;
Stakes Day means the first Saturday after
Melbourne Cup Day;
variation Order means an order made under
section 5;
Victoria Derby Day means the first Saturday
before Melbourne Cup Day.
__________________
s. 3
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PART 2—EVENTS AND VENUES
4 Event Orders
(1) The Governor in Council, on the recommendation
of the Minister, by Order published in the
Government Gazette may declare an event to be a
specified event for the purposes of this Act.
(2) Before making a recommendation under
subsection (1), the Minister—
(a) must be satisfied that—
(i) the event is a major event at the
international or national level; and
(ii) the event has commercial arrangements
that are likely to be adversely affected
by unauthorised aerial advertising; and
(iii) the operations of the event are likely to
be adversely affected by unauthorised
aerial advertising; and
(b) must have regard to—
(i) the size of the event; and
(ii) the likely media coverage of the event;
and
(iii) the projected economic impact of the
event; and
(iv) the contribution to Victoria's
international profile as a host of major
events.
(3) An event Order must specify—
(a) the date on which the event is to be
conducted;
(b) the venue where the event is to be
conducted;
s. 4
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(c) the time in respect of each day of the event
when this Act applies;
(d) the event organiser in relation to the
specified event.
Note
Under section 37(c) of the Interpretation of Legislation
Act 1984, words in the singular include the plural.
5 Variation Orders
(1) The Governor in Council, on the recommendation
of the Minister, by Order published in the
Government Gazette may, for the purposes of this
Act, change—
(a) the specified venue in relation to a specified
event;
(b) the specified time in relation to a specified
event;
(c) the event organiser in relation to a specified
event;
(d) a combination of the matters referred to in
paragraphs (a) to (c).
(2) A variation Order must specify whether the
change specified in the Order is ongoing or, if the
change is for a limited period, the specific dates
on which the change applies.
(3) A variation Order which changes a specified
venue in relation to a specified event must state
the new venue in relation to the specified event.
(4) A variation Order which changes the specified
time in relation to a specified event must state the
new specified time in relation to each day of the
specified event.
s. 5
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(5) A variation Order which changes the event
organiser in relation to a specified event must
state the new event organiser in relation to the
specified event.
6 Date Order takes effect
An Order under this Part takes effect—
(a) on the date that the Order is published in the
Government Gazette; or
(b) if a later date is specified in the Order, on
that later date.
7 Orders to be presented to Parliament
The Minister must cause an Order made under this
Part to be presented to each House of Parliament
within 7 sitting days of that House after the Order
is published in the Government Gazette.
8 Orders in respect of land
(1) Without limiting the use of any other means to
describe land, an Order under this Part may
describe land by reference to a plan of survey
attached to the Order or lodged in the Central Plan
Office established under the Survey
Co-ordination Act 1958.
(2) If a proposed specified venue or any part of a
proposed specified venue is land which is reserved
or deemed to be reserved under the Crown Land
(Reserves) Act 1978, the Minister must consult
with the Minister administering that Act before
making a recommendation under section 4 or 5 in
respect of that land.
9 Amendment and revocation of Orders
(1) The Governor in Council, by Order published in
the Government Gazette, may amend or revoke an
Order made under this Part.
s. 6
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(2) This Part applies to the amendment of an Order
made under this Part in the same way as it does to
the making of an Order.
(3) This Part, except for section 4(2), applies to the
revocation of an Order made under this Part in the
same way as it does to the making of an Order.
__________________
s. 9
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PART 3—CONTROL OF AERIAL ADVERTISING
10 Offence to display unauthorised aerial advertising
(1) During the specified time in relation to a specified
event, a person must not display commercial
aerial advertising, or cause commercial aerial
advertising to be displayed, without an aerial
advertising authorisation if—
(a) that advertising is within sight of the
specified venue where the specified event is
being conducted; and
(b) that advertising is displayed in such a
manner that the content can be seen by the
human eye without the aid of optical
apparatus other than contact lenses or
spectacles.
Penalty: 400 penalty units, in the case of a
natural person;
2400 penalty units, in the case of a
body corporate.
(2) Subsection (1) does not apply to a person who
flies an aircraft within sight of a specified venue
during the specified time in relation to a specified
event being conducted at that venue—
(a) in an emergency; or
(b) if the aircraft is used for, or in, the provision
of emergency services; or
(c) for the purposes of gathering information for
the reporting of news and the presentation of
current affairs.
(3) Despite subsection (1), a person does not commit
an offence against that subsection if the person
has an aerial advertising authorisation for another
specified event at another specified venue and the
s. 10
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person carries out the activity referred to in
subsection (1) in the course of conducting an
activity authorised by that aerial advertising
authorisation.
11 Application for aerial advertising authorisation
An application for an aerial advertising
authorisation must be made in the manner and
form determined by the Secretary.
12 Secretary may authorise aerial advertising
(1) Subject to subsections (2) and (3), the Secretary
may authorise a person to display commercial
aerial advertising, or cause commercial aerial
advertising to be displayed—
(a) within sight of the specified venue where the
specified event is being conducted; and
(b) in such a manner that the content can be seen
by the human eye without the aid of optical
apparatus other than contact lenses or
spectacles.
(2) The Secretary must not give an aerial advertising
authorisation if, in the opinion of the Secretary,
the display of aerial advertising would adversely
affect—
(a) the organisation or conduct of the relevant
specified event; or
(b) any other commercial arrangements relating
to the relevant specified event; or
(c) in the case of a specified event conducted
annually, the future conduct of that event.
(3) The Secretary must not give an aerial advertising
authorisation unless the Secretary has first
consulted with the event organiser.
s. 11
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13 Content of aerial advertising authorisation
(1) An aerial advertising authorisation must be in
writing.
(2) An aerial advertising authorisation is subject to
any terms and conditions which the Secretary
believes are reasonable to impose including but
not limited to—
(a) the duration of the aerial advertising
authorisation;
(b) whether the aerial advertising authorisation
applies generally or in specified
circumstances;
(c) whether the aerial advertising authorisation
applies to a specified person or persons or to
a specified class or classes of person;
(d) whether the aerial advertising authorisation
applies to a specified type of advertising or
to a specified class or classes of advertising.
14 Notification of aerial advertising authorisations
(1) If the Secretary gives an aerial advertising
authorisation, the Secretary must cause the event
organiser of the specified event to which the
authorisation relates to be notified of that
authorisation.
(2) If the Secretary delegates a power of the Secretary
under this Part to a person referred to in section
15(b) who is the event organiser and that person
gives an aerial advertising authorisation to any
person, the event organiser must cause the
Secretary to be notified of that aerial advertising
authorisation.
s. 13
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15 Delegation under this Part by Secretary
The Secretary, in writing, may delegate any of the
powers of the Secretary under this Part, other than
this power of delegation, to—
(a) a person employed under Part 3 of the
Public Administration Act 2004 as an
executive within the meaning of that Act; or
(b) a body corporate established under an Act
for a public purpose.
__________________
s. 15
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PART 4—REMEDIES
16 Injunctions to restrain conduct
(1) The Minister, Secretary or an event organiser may
apply to the Supreme Court, County Court or
Magistrates' Court for the grant of an injunction
restraining a person from engaging in conduct that
constitutes—
(a) a contravention of section 10; or
(b) attempting or conspiring to contravene
section 10; or
(c) aiding, abetting, counselling or procuring a
person to contravene section 10; or
(d) inducing or attempting to induce a person,
whether by threats, promises or otherwise, to
contravene section 10; or
(e) being in any way directly or indirectly,
knowingly concerned in, or party to, the
contravention by a person of section 10.
(2) On an application under subsection (1), the court
may grant an injunction restraining a person from
engaging in conduct of the kind referred to in
paragraphs (a) to (e) of subsection (1)—
(a) if the court is satisfied that the person is
engaging in or has been engaging in conduct
of that kind, whether or not it appears to the
court that the person intends to engage again
or continue to engage in the conduct; or
(b) if it appears to the court that, in the event that
the injunction is not granted, it is likely that
the person will engage in conduct of that
kind, whether or not that person has
previously engaged in conduct of that kind
and whether or not there is an imminent
s. 16
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danger of substantial damage to any person if
the first-mentioned person engages in
conduct of that kind; or
(c) if the court determines it to be appropriate,
by consent of all the parties to the
proceeding, whether or not the person has
engaged in, or is likely to engage in, conduct
of that kind.
(3) Pending the determination of an application under
this section, the court may grant an interim
injunction if, in the opinion of the court, it is
desirable to do so—
(a) whether or not it appears to the court that the
person intends to engage in or continue to
engage in conduct of the kind referred to in
paragraphs (a) to (e) of subsection (1); or
(b) whether or not the person has previously
engaged in conduct of that kind and whether
or not there is an imminent danger of
substantial damage to any person if the first-
mentioned person engages in conduct of that
kind.
17 Power to rescind or vary injunctions
A court may rescind or vary an injunction granted
by it under section 16.
18 Action for damages
(1) If any person suffers any loss, injury or damage
because of a contravention of section 10, the
person may recover the amount of the loss, injury
or damage, or damages in respect of the loss,
injury or damage, by proceeding against one or
more of the following—
(a) a person who has aided, abetted, counselled
or procured the contravention;
s. 17
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(b) a person who has induced, whether by
threats or promises or otherwise, the
contravention;
(c) a person who has been in any way, directly
or indirectly, knowingly concerned in or
party to, the contravention;
(d) a person who has conspired with others to
effect the contravention.
(2) Without limiting the powers of the court under
subsection (1), an order made by the court under
this section may include the recovery of future
losses as a result of the potential loss of
sponsorship of an event.
(3) A proceeding under this section may be brought in
any court of competent jurisdiction.
(4) A proceeding under subsection (1) must not be
commenced more than 3 years after the date on
which the cause of action accrued.
(5) A court may make an order under this section
whether or not an injunction is granted under
section 16.
__________________
s. 18
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PART 5—ENFORCEMENT
Division 1—Authorised officers
19 Appointment of authorised officers
(1) The Secretary may appoint a person to be an
authorised officer if the person—
(a) is a person who is employed under Part 3 of
the Public Administration Act 2004; or
(b) is a person who the Secretary believes has
the appropriate skills, knowledge or
experience to be appointed as an authorised
officer; or
(c) is a member of a class of person that the
Secretary considers appropriate to be
appointed as an authorised officer.
(2) An appointment under subsection (1)—
(a) must be in writing; and
(b) must specify the terms and conditions on
which the person is appointed; and
(c) may specify particular specified events or
specified venues in which the person may
exercise powers, functions or duties as an
authorised officer.
20 Specified training
The Secretary may require an authorised officer
appointed under this Division to undertake
specified training before exercising any powers,
functions or duties under this Act.
s. 19
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21 Identification of authorised officers
(1) The Secretary must issue to each person appointed
as an authorised officer an identity card that—
(a) contains a photograph of the person; and
(b) states the full name of the person to whom it
is issued; and
(c) states that the person is an authorised officer
for the purposes of this Act.
(2) An authorised officer must produce his or her
identity card for inspection at any time during the
exercise of a power under this Act, if asked to do
so.
(3) If a person appointed to be an authorised officer
proposes to exercise the functions of an authorised
officer and fails to produce on demand his or her
identity card, the person is not authorised to
exercise those functions in relation to the person
making the demand.
(4) In any proceedings under this Act, an identity card
purporting to be issued to a person by the
Secretary under this Division is evidence of the
appointment of that person as an authorised
officer.
22 Delegation
The Secretary, in writing, may delegate any of his
or her powers under this Division, other than this
power of delegation, to—
(a) any person employed under Part 3 of the
Public Administration Act 2004;
(b) a body corporate established under an Act
for a public purpose.
s. 21
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Division 2—Inspection powers
23 Search warrant
(1) An authorised officer, with the written approval of
the Secretary, may apply to a magistrate for the
issue of a search warrant in relation to particular
premises, if the authorised officer believes on
reasonable grounds that there is, or may be within
the next 72 hours, on the premises a particular
thing that may be evidence of the commission of
an offence against this Act.
(2) If a magistrate is satisfied by the evidence, on oath
or affidavit, of the authorised officer that there are
reasonable grounds to believe that there is, or may
be within the next 72 hours, on the premises a
particular thing that may be evidence of the
commission of an offence against this Act, the
magistrate may issue a search warrant, in
accordance with the Magistrates' Court Act
1989, authorising an authorised officer named in
the warrant and any other person named or
otherwise identified in the warrant—
(a) to enter the premises specified in the
warrant, if necessary by force; and
(b) to do all or any of the following—
(i) search for;
(ii) seize;
(iii) secure against interference—
a thing or things of a particular kind named
or described in the warrant and which the
authorised officer believes, on reasonable
grounds, to be connected with the alleged
contravention; and
s. 23
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(c) in the case of any document of a particular
kind, named or described in the warrant, if
the authorised officer believes, on reasonable
grounds, that it is connected with the alleged
contravention, the authorised officer may do
all or any of the following—
(i) require the document to be produced
for inspection;
(ii) examine, make copies of or take
extracts from the document, or arrange
for the making of copies or the taking
of extracts to be done on the premises
or elsewhere;
(iii) remove the document for so long as is
reasonably necessary to make copies of
or take extracts from the document; and
(d) make any still or moving image or audio-
visual recording of any thing of a particular
kind named or described in the warrant that
the authorised officer believes, on reasonable
grounds, to be connected with the alleged
contravention.
(3) In addition to any other requirement, a search
warrant issued under this section must—
(a) specify the offence suspected;
(b) specify the premises to be searched;
(c) include a description of the thing for which
the search is to be made;
(d) specify any conditions to which the warrant
is subject;
(e) state whether entry is authorised to be made
at any time or during stated hours;
s. 23
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(f) specify a day, not later than 7 days after the
issue of the warrant, on which the warrant
ceases to have effect.
(4) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and must
be in the form prescribed by the regulations under
that Act.
(5) Subject to any provision to the contrary in this
Act, the rules to be observed with respect to
search warrants mentioned in the Magistrates'
Court Act 1989 extend and apply to warrants
under this section.
24 Announcement before entry
(1) Before executing a search warrant, the authorised
officer named in the warrant must—
(a) announce that he or she is authorised by the
warrant to enter the premises; and
(b) give any person at the premises an
opportunity to allow entry to the premises.
(2) The authorised officer need not comply with
subsection (1) if he or she believes on reasonable
grounds that immediate entry to the premises is
required to ensure—
(a) the safety of any person; or
(b) that the effective execution of the search
warrant is not frustrated.
25 Copy of warrant to be given to occupier
If the occupier, or another person who apparently
represents the occupier, is present at a premises
when a search warrant is being executed, the
authorised officer must—
(a) identify himself or herself to that person by
producing his or her identity card for
inspection by that person; and
s. 24
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(b) give to that person a copy of the execution
copy of the warrant.
26 Seizure of things not mentioned in the warrant
A search warrant issued under section 23
authorises an authorised officer executing the
search warrant, in addition to the seizure of any
thing of the kind described in the warrant, to seize
any thing which is not of the kind described in the
warrant if—
(a) the authorised officer believes, on reasonable
grounds, that the thing—
(i) is of a kind which could have been
included in a search warrant issued
under section 23; and
(ii) will afford evidence about a
contravention of section 10; and
(b) in the case of seizure, the authorised officer
believes, on reasonable grounds, that it is
necessary to seize that thing in order to
prevent its concealment, loss or destruction
or its use in the contravention of this Act.
27 Receipt must be given for any thing seized
(1) An authorised officer must not seize a thing
apparently in the possession or custody of a
person unless the authorised officer gives to the
person a receipt for the thing seized that—
(a) identifies the thing seized and the reason
why it is being seized; and
(b) states the name of the authorised officer.
s. 26
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(2) If an authorised officer is unable to discover the
identity of—
(a) the lawful owner of a thing seized; or
(b) the person from whose custody a thing is
seized—
the authorised officer must leave the receipt with,
or post it to, the owner of the premises from which
the thing was seized.
28 Copies of certain seized things to be given
(1) Subject to subsection (2), if an authorised officer
seizes—
(a) a document; or
(b) a thing that can be readily copied; or
(c) a storage device containing information that
can be readily copied—
the authorised officer, as soon as is practicable
after the seizure, must give a copy of the thing or
information to—
(d) the owner; or
(e) the person from whom the document, thing
or device was seized.
(2) Subsection (1) does not apply—
(a) to any document, thing or device moved
under section 29(2); or
(b) if the authorised officer is unable to discover
the identity of the lawful owner or person
from whom any document, thing or device is
seized.
s. 28
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29 Use of equipment to examine or process things
(1) An authorised officer may bring on to any
premises any equipment reasonably necessary for
the examination or processing of things found at
the premises in order to determine whether they
are things that may be seized.
(2) If—
(a) it is not practicable to examine or process the
things at the premises; or
(b) the occupier of the premises consents in
writing—
the things may be moved to another place so that
the examination or processing can be carried out
in order to determine whether they are things that
may be seized.
(3) An authorised officer may operate equipment
already at the premises to carry out the
examination or processing of a thing found at the
premises in order to determine whether it is a
thing that may be seized, if the authorised officer
believes on reasonable grounds that—
(a) the equipment is suitable for the examination
or processing; and
(b) the examination or processing can be carried
out without damage to the equipment or the
thing.
30 Use or seizure of electronic equipment at premises
(1) If—
(a) a thing found at a premises is or includes a
disk, tape or other information storage
device; and
(b) equipment at the premises may be used with
the disk, tape or other information storage
device; and
s. 29
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(c) an authorised officer believes on reasonable
grounds that the information stored on the
disk, tape or other information storage device
is relevant to determine whether this Act has
been contravened—
the authorised officer may operate, or may require
the occupier or an employee of the occupier to
operate, the equipment to access the information.
(2) If an authorised officer finds that a disk, tape or
other information storage device at the premises
contains information of the kind referred to in
subsection (1)(c), the authorised officer—
(a) may put the information in documentary
form and seize the documents so produced;
or
(b) may copy the information to another disk,
tape or other information storage device and
remove that disk, tape or other information
storage device from the premises; or
(c) if it is not practicable to put the information
in documentary form or to copy the
information, may seize the disk, tape or other
information storage device and the
equipment that enables the information to be
accessed.
(3) An authorised officer must not operate or seize
equipment for the purposes of this section unless
the authorised officer believes on reasonable
grounds that the operation or seizure of the
equipment can be carried out without damage to
the equipment.
s. 30
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31 Return of seized things
(1) If an authorised officer seizes a thing under this
Act, the authorised officer must take reasonable
steps to return the thing to the person from whom
it was seized if the reason for its seizure no longer
exists.
(2) If a seized thing has not been returned within
3 months after it was seized, the authorised officer
must take reasonable steps to return it unless
proceedings have commenced within that 3 month
period and those proceedings (including any
appeal) have not been completed.
32 Court may extend period
(1) An authorised officer may apply to the
Magistrates' Court within 3 months after seizing a
thing or, if an extension has been granted under
this section, within that extended period, for an
extension of the period during which the seized
thing may be retained.
(2) The Magistrates' Court may order the extension of
the period during which a seized thing may be
retained if satisfied that retention of the thing is
necessary—
(a) for the purposes of an investigation into
whether an offence has been committed; or
(b) to enable evidence of an offence to be
obtained for the purposes of a prosecution.
(3) The Magistrates' Court may adjourn an
application to enable notice of the application to
be given to any person.
s. 31
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33 Power of authorised officer to require information
or documents
(1) An authorised officer who—
(a) exercises a power of entry under this Act;
and
(b) produces his or her identity card for
inspection by a person—
may, to the extent that it is reasonably necessary
to determine whether this Act has been
contravened, require the person—
(c) to give information to the authorised officer;
and
(d) to produce documents to the authorised
officer; and
(e) to give reasonable assistance to the
authorised officer.
(2) A person must not refuse or fail, without
reasonable excuse, to comply with a requirement
made under subsection (1).
Penalty: 60 penalty units.
34 False or misleading information
(1) A person must not, in response to a request or
requirement under this Part, give information that
the person knows to be false or misleading in a
material detail.
Penalty: 60 penalty units.
(2) A person must not, in response to a request or
requirement under this Part, produce a document
that the person knows to be false or misleading in
a material detail without indicating the respect in
which it is false or misleading and, if practicable,
providing correct information.
Penalty: 60 penalty units.
s. 33
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35 Protection against self-incrimination
(1) It is a reasonable excuse for a natural person to
refuse or fail to give information or do any other
thing that the person is required to do by or under
this Part, if the giving of the information or the
doing of that other thing would tend to incriminate
the person.
(2) Despite subsection (1), it is not a reasonable
excuse for a natural person to refuse or fail to
produce a document that the person is required to
produce by or under this Part, if the production of
the document would tend to incriminate the
person.
36 Offence to hinder or obstruct authorised officer
A person must not, without reasonable excuse,
hinder or obstruct an authorised officer who is
exercising a power under this Part.
Penalty: 60 penalty units.
37 Offence to hold oneself out to be authorised officer
A person who is not an authorised officer must
not, in any way, hold himself or herself out to be
an authorised officer.
Penalty: 60 penalty units.
38 Entry to be reported to the Secretary
(1) If an authorised officer exercises a power of entry
under this Part, the authorised officer must report
the exercise of the power to the Secretary within
7 days after the entry.
(2) A report under subsection (1) must include all
relevant details of the entry including particulars
of—
(a) the time and place of the entry; and
(b) the purpose of the entry; and
s. 35
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(c) the things done while on the premises
entered, including details of things seized,
copies made and extracts taken; and
(d) the time of departure from the entered
premises.
39 Register of exercise of powers of entry
The Secretary must keep a register containing the
particulars of all matters reported to the Secretary
under section 38.
40 Complaints
(1) Any person may complain to the Secretary about
the exercise of a power by an authorised officer
under this Part.
(2) The Secretary must—
(a) investigate any complaint made to the
Secretary; and
(b) provide a written report to the complainant
on the results of the investigation.
41 Disclosure of information
(1) A person must not disclose any information that is
obtained by him or her while exercising a power
conferred by this Part.
Penalty: 60 penalty units.
(2) Despite subsection (1), a person may disclose or
use such information if—
(a) the disclosure or use is made in the
performance of a duty under, or in
connection with, this Act; or
(b) the person has the consent of the person to
whom the information relates; or
(c) the disclosure or use is made in legal
proceedings at the direction of a court; or
s. 39
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(d) the information is in the public domain at the
time it is disclosed or used.
(3) Subsection (2) is not intended to interfere with
any rights another person may have with regard to
the disclosure or use of the information.
__________________
s. 41
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PART 6—GENERAL
42 Service of documents
(1) In addition to any other lawful method of service,
if, under this Act, a document or notice is required
or permitted to be served on or given to a person,
the document or notice, may be served or given—
(a) if the person is a natural person—
(i) by giving it to or serving it personally
on the person; or
(ii) by sending it by post to the person at
the person's usual or last known place
of residence or business; or
(b) if the person is a corporation, by leaving it at
or sending it by post to the registered office
of the corporation within the meaning of the
Corporations Act.
(2) In addition to any other lawful method of service,
if, under this Act, a document or notice is required
or permitted to be served on or given to a firm, the
document may be served or given by leaving it at
or sending it by post to the principal place of
business of the firm.
43 Who can bring proceedings for offences?
(1) Proceedings for an offence against this Act may
be brought by—
(a) the Secretary; or
(b) a person authorised in writing by the
Secretary for the purposes of this section.
(2) In proceedings for an offence against this Act it
must be presumed, in the absence of evidence to
the contrary, that the person bringing the
proceedings was authorised to bring the
proceedings.
s. 42
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44 Offences by bodies corporate
(1) If a body corporate contravenes any provision of
this Act, each officer of the body corporate is
deemed to have contravened the same provision if
the officer knowingly authorised or permitted the
contravention.
(2) A person may be proceeded against and convicted
under a provision in accordance with subsection
(1) whether or not the body corporate has been
proceeded against under that provision.
(3) Nothing in this section affects any liability
imposed on a body corporate for an offence
committed by the body corporate against this Act.
45 Conduct by officers, employees or agents
(1) If, in any proceedings under this Act, it is
necessary to establish the state of mind of a body
corporate in relation to particular conduct, it is
sufficient to show—
(a) that the conduct was engaged in by an officer
of that body corporate within the scope of
the officer's actual or apparent authority and
the officer had that state of mind; or
(b) that the conduct was engaged in by an agent
of the body corporate and—
(i) the agent acted at the specific direction
or with the specific consent or
agreement of the body corporate; and
(ii) the agent had that state of mind; and
(iii) the body corporate was aware of the
agent's state of mind when the conduct
was engaged in.
s. 44
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(2) For the purposes of any proceedings under this
Act, any conduct engaged in on behalf of a body
corporate is deemed to have been engaged in also
by the body corporate if the conduct was engaged
in by—
(a) an officer of the body corporate within the
scope of the officer's actual or apparent
authority; or
(b) any other person at the specific direction or
with the specific consent or agreement of an
officer of the body corporate, if the giving of
the direction, consent or agreement is within
the scope of the actual or apparent authority
of the officer.
(3) If, in any proceedings under this Act, it is
necessary to establish the state of mind of a person
other than a body corporate in relation to
particular conduct, it is sufficient to show—
(a) that the conduct was engaged in by an
employee of that person within the scope of
the employee's actual or apparent authority
and the employee had that state of mind; or
(b) that the conduct was engaged in by an agent
of the person and—
(i) the agent acted at the specific direction
or with the specific consent or
agreement of the person; and
(ii) the agent had that state of mind; and
(iii) the person was aware of the agent's
state of mind when the conduct was
engaged in.
s. 45
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(4) For the purposes of any proceedings under this
Act, any conduct engaged in on behalf of a person
other than a body corporate (the principal) is
deemed to have been engaged in also by the
principal if the conduct was engaged in by—
(a) an employee of the principal within the
scope of the employee's actual or apparent
authority; or
(b) any other person at the specific direction or
with the specific consent or agreement of an
employee of the principal, if the giving of the
direction, consent or agreement is within the
scope of the actual or apparent authority of
the employee.
(5) A reference in this section to the state of mind of a
person includes a reference to the knowledge,
intention, opinion, belief or purpose of the person
and the person's reasons for the intention, opinion,
belief or purpose.
46 Actions by firms
If this Act provides that a person, being a firm, is
guilty of an offence, that reference to the person—
(a) in the case of a partnership, is to be read as a
reference to each member of the partnership;
and
(b) in the case of any other unincorporated body,
is to be read as a reference to each member
of the committee of management of the
body.
47 Regulations
(1) The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or that is
necessary to be prescribed to give effect to this
Act.
s. 46
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(2) Regulations made under this Act—
(a) may be of general or limited application;
(b) may differ according to differences in time,
place or circumstances.
__________________
s. 47
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39
PART 7—AMENDMENTS TO OTHER ACTS
48 Amendment of Magistrates' Court Act 1989
After clause 67 of Schedule 4 to the Magistrates'
Court Act 1989 insert—
"68 Major Events (Aerial Advertising)
Act 2007
An offence against section 10 of the Major
Events (Aerial Advertising) Act 2007.".
49 New section 69A inserted—World Swimming
Championships Act 2004
After section 69 of the World Swimming
Championships Act 2004 insert—
"69A Major Events (Aerial Advertising) Act
2007 does not apply
The Major Events (Aerial Advertising)
Act 2007 does not apply to aerial advertising
to which this Division applies.".
═══════════════
See:
Act No.
51/1989.
Reprint No. 12
as at
1 October
2006 and
amending
Act Nos
76/2006 and
79/2006.
LawToday:
www.
legislation.
vic.gov.au
s. 48
See:
Act No.
95/2004
and
amending
Act Nos
108/2004,
66/2006 and
80/2006.
LawToday:
www.
legislation.
vic.gov.au
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 28 February 2007
Legislative Council: 19 April 2007
The long title for the Bill for this Act was "A Bill for an Act to provide
for the regulation, management and control of aerial advertising at major
events in Victoria, to consequentially amend other Acts and for other
purposes."
Endnotes
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INDEX
Subject Section
Actamendments to other Acts 48–49
commencement 2
purpose 1
Actions for damages 18
Advertising (def.) 3
Aerial advertising
authorisations 3, 11–14
definition 3
delegation of powers regarding 15
unauthorised advertising 10, 16–18
Aircraft (def.) 3
Authorisations See Aerial advertising
Authorised officers
appointment 19
complaints about 40
definition 3
delegation of powers regarding 22
disclosure of information 41
entry powers 23–25, 38–39
hindrance, obstruction 36
holding oneself out to be 37
identification 21, 25, 33
information, documents required by 23, 33–35
non-compliance with requirements of 33
protection against self-incrimination 35
search warrants (General powers) 23–25
seizure 23, 26–32
training 20
use of equipment 29–30
Bodies corporate
established under Acts for public purposes 15, 22
offences by 44–45
Complaints 40
Damages See Actions for damages
Definitions 3
Entry powers
authorised officers' general powers, duties 23–25
register of exercise of 39
reports of exercise of 38
Event Orders
amendment 9
date of taking effect 6
definition 3
descriptions of land in 8
grounds for, matters specified in 4
presentation to Parliament 7
revocation 9
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Subject Section
Event organisers
applications for injunctions 16
consultation regarding authorisations 12
definition 3
notice of grant of aerial advertising authorisations 14
specified in event, variation Orders 4, 5
Events See Specified events
Firms 3, 46
Injunctions 16–17
Major events See Specified events
Minister
applications for injunctions 16
powers, functions regarding event, variation Orders 4, 5, 7, 8
Offences
by bodies corporate 44–45
by firms 46
disclosure of information 41
proceedings for 43
regarding authorised officers 33–34, 36–37
unauthorised aerial advertising 10
Orders See Event Orders; Variation Orders
Proceedings 43
Regulations 47
Search warrants (General provisions) 23–25
See also Entry powers; Seizure
Secretary
definition 3
delegation of powers 15, 22
powers, functions regarding
aerial advertising authorisations 11–15
authorised officers 19–23, 38–40
injunctions 16
proceedings 43
Seizure
authorised officers' general powers under warrant 23
copies of things seized 28
electronic equipment 30
extension of period of retention of seized things 32
receipts for things seized 27
return of seized things 31
things not mentioned in warrant 26
use of equipment for purposes of 29–30
Self-incrimination
protection against 35
Service of documents 42
Specified events
definition 3
event, variation Orders regarding 4–9
events declared to be 4
specified time 3–5
specified venues 3–5, 8
Variation Orders 3, 5–9
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