World Swimming Championships Act 2004

Victorian Legislation and Parliamentary Documents i World Swimming Championships Act 2004 Act No. 95/2004 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 3. Definitions 2 4. Act binds the Crown 6 5. Extraterritorial operation 6 PART 2—2007 WORLD SWIMMING CHAMPIONSHIPS CORPORATION 7 6. Objective of Part 7 7. 2007 World Swimming Championships Corporation established 7 8. Corporation does not represent Crown 8 9. Functions of Corporation 8 10. Powers of Corporation 9 11. Delegation 10 12. Borrowing and investment powers 11 13. Appointment of Board 11 14. Membership and procedure of Board 11 15. Responsibilities of Board 11 16. Board to provide information to Minister 11 17. Directions to Board 12 18. Duties of members of the Board 12 19. Corporation or Minister may bring proceedings 13 20. Corporation not to make loans to members 13 21. Indemnity 14 22. Immunity 14 23. Committees 15 24. Chief executive officer 15 25. Other staff 15 -- 1 of 70 -- Victorian Legislation and Parliamentary Documents Section Page ii PART 3—2007 WORLD SWIMMING CHAMPIONSHIPS ADVISORY COMMITTEES 16 26. 2007 World Swimming Championships Advisory Committees 16 27. Membership and procedure of Advisory Committees 16 28. Functions of Advisory Committees 16 29. Public consultation 17 30. Report to Minister 18 PART 4—MINISTERIAL ORDERS 19 31. Minister may declare name or title of the Championships, event or activity 19 32. Declaration of Championships venue 19 33. Designated access areas 19 34. Orders in respect of reserved land 20 35. Orders may refer to plan of survey or lodged plans 20 36. Declaration of event period 20 37. Declaration of access period 20 38. Consultation with Corporation 21 39. Amendment and revocation of orders 21 40. When does order come into effect? 21 41. Orders to be tabled in Parliament 21 PART 5—APPLICATION OF OTHER LAWS 22 42. Planning and Environment Act 1987 22 43. Heritage Act 1995 22 44. Environment Effects Act 1978 22 45. Coastal Management Act 1995 22 46. Crown Land (Reserves) Act 1978 22 47. Conservation, Forests and Lands Act 1987 23 48. Melbourne and Metropolitan Board of Works Act 1958 23 49. Albert Park Land Act 1972 23 50. Building Act 1993 24 PART 6—COMMERCIAL ARRANGEMENTS 25 Division 1—Application of Part 25 51. Part does not derogate from other rights 25 52. Part does not affect rights relating to use of business or company names 25 53. Part does not affect rights in respect of passing off 26 -- 2 of 70 -- Victorian Legislation and Parliamentary Documents Section Page iii Division 2—Authorising Use of Logos, Images and References 26 54. Corporation may authorise use of WSC logos or images or WSC references 26 55. What can an authorisation contain? 27 56. Register of authorisations 27 57. Use of WSC references which do not need authorisation 28 58. Offence to engage in conduct that suggests sponsorship, approval or affiliation 29 59. Offence to use WSC logos or images or WSC references without authorisation 30 Division 3—Authorising Broadcasting of Championships 31 60. Corporation may authorise broadcasting 31 61. Application for broadcasting authorisation 32 62. What can a broadcasting authorisation contain? 32 63. Offence to broadcast without broadcasting authorisation 32 64. Offence to make recording without broadcasting authorisation 33 Division 4—Aerial Advertising and Advertising on Boats 33 65. Corporation may authorise aerial advertising 33 66. Corporation may authorise advertising on boats 34 67. Application for advertising authorisation under this Division 34 68. What can an advertising authorisation under this Division contain? 34 69. Offence to display certain advertising 35 Division 5—Advertising Generally 36 70. Prohibition of unauthorised advertising 36 Division 6—Enforcement Relating to WSC Logos, Images and References 37 71. Injunctions 37 72. Power to rescind or vary injunctions 38 73. Power of court to require corrective advertising 39 74. Actions for damages 40 75. Account of profits 40 76. No entitlement to both damages and account of profits 41 Division 7—Seizure and Forfeiture 41 77. Seizure of goods and advertising material during goods seizure period 41 78. Seized goods or advertising material to be given to Office of Sport and Recreation Victoria 42 79. Voluntary forfeiture to Crown 43 80. Seizure of broadcasting equipment 44 -- 3 of 70 -- Victorian Legislation and Parliamentary Documents Section Page iv 81. Seized broadcasting equipment to be given to Office of Sport and Recreation Victoria 44 82. Return of broadcasting equipment within 28 days 45 83. Application to Magistrates' Court for return of broadcasting equipment 45 84. Power for Corporation to retain film etc. for up to 6 months 46 85. Recovery of things seized and compensation 47 86. Court may order forfeiture to the Crown 48 Division 8—Miscellaneous 49 87. Meaning of marked with logos or images or references 49 88. Offences by corporations and partnerships etc. 49 PART 7—GENERAL 51 89. Borrowing and Investment Powers Act 1987 51 90. Regulations 51 91. Expiry of Act 52 __________________ SCHEDULES 53 SCHEDULE 1—Membership and Procedure of Board 53 SCHEDULE 2—Membership and Procedure of Advisory Committees 59 SCHEDULE 3—Corporation Abolished and Transfer of Assets and Liabilities 61 ═══════════════ ENDNOTES 63 INDEX 64 -- 4 of 70 -- Victorian Legislation and Parliamentary Documents 1 World Swimming Championships Act 2004† [Assented to 7 December 2004] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The main purposes of this Act are— (a) to make provision for the staging, conduct and management of the 2007 World Swimming Championships; Victoria No. 95 of 2004 -- 5 of 70 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary World Swimming Championships Act 2004 Act No. 95/2004 2 (b) to establish the 2007 World Swimming Championships Corporation to be responsible for the conduct and management of the Championships and provide for the Corporation's functions and powers; (c) to provide for the management and control of all commercial aspects of the Championships in accordance with agreements with FINA, including the controlling of broadcasts, telecasts, filming and advertising and the use of logos, images and references in connection with the Championships. 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision referred to in sub-section (1) does not come into operation before 1 May 2005, it comes into operation on that day. 3. Definitions In this Act— "access period" means a period declared under section 37 to be an access period; "advertising on boats authorisation" means an authorisation given by the Corporation under section 66; "Advisory Committee" means a 2007 World Swimming Championships Advisory Committee established under Part 3; "aerial advertising authorisation" means an authorisation given by the Corporation under section 65; s. 2 -- 6 of 70 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary World Swimming Championships Act 2004 Act No. 95/2004 3 "Board" means the Board of Management of the Corporation appointed under section 13; "broadcasting authorisation" means an authorisation given by the Corporation under section 60; "broadcasting equipment" means equipment used— (a) to broadcast, telecast or transmit by any means whatever any sound or image; or (b) to make a sound recording; or (c) to make a recording of moving images, whether by film, television, video, digitally or otherwise— and includes a film, digitally recorded images and a sound recording; "Championships" means the World Swimming Championships to be held primarily in Melbourne in 2007 whether known by— (a) the title 12th FINA World Championships 2007; or (b) such other title as may be declared under Part 4; "Championships venue" means an area of land declared under section 32 to be a Championships venue; "Corporation" means the 2007 World Swimming Championships Corporation established under Part 2; "designated access area" means an area of land declared under section 33 to be a designated access area; s. 3 -- 7 of 70 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary World Swimming Championships Act 2004 Act No. 95/2004 4 "event period" means a period declared under section 36 to be an event period; "facilities" includes demountable or temporary pools, grandstands, media facilities, spectator facilities, competitor facilities and commercial, franchise or entertainment facilities; "FINA" means the Federation Internationale De Natation; "goods seizure period" means the period commencing 3 months before the event period and ending one month after the end of the event period; "member of the Board" includes an acting member; "Office of Sport and Recreation Victoria" means staff of the Department for Victorian Communities engaged in the administration of this Act; "person", in Part 6, includes a body or association (corporate or unincorporated) and a partnership; "Secretary", in Part 5, means the body corporate constituted under section 25A of the Commonwealth Games Arrangements Act 2001; "sponsorship-like arrangement", in Part 6, means— (a) a right to associate a person or a person's goods or services with— (i) the Corporation; or (ii) the Championships; or s. 3 -- 8 of 70 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary World Swimming Championships Act 2004 Act No. 95/2004 5 (iii) any event or activity associated with the Championships; or (iv) FINA; or (v) Australian Swimming; or (b) an affiliation or association (whether commercial or non-commercial) with— (i) the Corporation; or (ii) the Championships; or (iii) any event or activity associated with the Championships; or (iv) FINA; or (v) Australian Swimming; "sport of swimming" includes— (a) swimming; (b) diving; (c) water polo; (d) synchronised swimming; (e) open-water swimming; "Swimming Australia" means Swimming Australia Limited A.C.N. 109 333 628; "works" includes— (a) installation of services; (b) construction and removal of temporary demountable pools; (c) relocation of buildings or facilities; (d) construction and removal of other structures or facilities, including grandstands, whether of a permanent or temporary nature; s. 3 -- 9 of 70 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary World Swimming Championships Act 2004 Act No. 95/2004 6 "WSC logo or image" means any logo, image, mascot, emblem or other design which is prescribed to be a WSC logo or image or any part of such logo, image, mascot, emblem or other design; "WSC reference" means the following words, expressions or figures— (a) "12th FINA World Championships 2007"; (b) "2007 World Swimming Championships"; (c) any other combination of the words "World Swimming Championships" "Championships" and the numbers "2007" or "12th"; (d) if an order is made under section 31 declaring a name or title in respect of the Championships, that name or title; (e) any words, expression or figures that are prescribed to be WSC references. 4. Act binds the Crown This Act binds the Crown, not only in right of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. 5. Extraterritorial operation It is the intention of the Parliament that the operation of this Act should, as far as the legislative power of the Parliament permits, include operation in relation to acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia. __________________ s. 4 -- 10 of 70 -- Victorian Legislation and Parliamentary Documents Part 2—2007 World Swimming Championships Corporation World Swimming Championships Act 2004 Act No. 95/2004 7 PART 2—2007 WORLD SWIMMING CHAMPIONSHIPS CORPORATION 6. Objective of Part The objective of this Part is to establish the 2007 World Swimming Championships Corporation to plan, organise and deliver the Championships, together with FINA and Swimming Australia, in a manner which— (a) provides an environment for peak athletic performance; and (b) enhances the reputation of Melbourne and Victoria as a venue for major international sporting events; and (c) promotes the sport of swimming in Victoria and Australia; and (d) promotes Melbourne, Victoria and Australia; and (e) demonstrates high standards of safety; and (f) demonstrates a high standard of financial responsibility, probity and transparency. 7. 2007 World Swimming Championships Corporation established (1) There is established the 2007 World Swimming Championships Corporation. (2) The Corporation— (a) is a body corporate with perpetual succession; and (b) has an official seal; and (c) may sue and be sued in its corporate name; and s. 6 -- 11 of 70 -- Victorian Legislation and Parliamentary Documents Part 2—2007 World Swimming Championships Corporation World Swimming Championships Act 2004 Act No. 95/2004 8 (d) may acquire, hold and dispose of real and personal property; and (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) The official seal of the Corporation— (a) must be kept as directed by the Corporation; and (b) must only be used as authorised by the Corporation. (4) All courts must take judicial notice of the official seal of the Corporation on a document and, until the contrary is proved, must presume that it was duly affixed. 8. Corporation does not represent Crown The Corporation is a public authority but does not represent the Crown. 9. Functions of Corporation The functions of the Corporation are— (a) to assume any existing obligations in relation to the Championships under any arrangements entered into with FINA and Swimming Australia; (b) to negotiate, enter into and vary agreements under which the Championships and events and programs associated with the Championships are to be held; (c) to undertake and facilitate the organisation, conduct, management and promotion of the Championships and events and programs associated with the Championships; s. 8 -- 12 of 70 -- Victorian Legislation and Parliamentary Documents Part 2—2007 World Swimming Championships Corporation World Swimming Championships Act 2004 Act No. 95/2004 9 (d) to establish or source or hire venues and supporting facilities for the Championships and events and programs associated with the Championships; (e) to manage and control venues and supporting facilities for the Championships and events and programs associated with the Championships; (f) to do all other things necessary for or in connection with the conduct and financial and commercial management of the Championships and events and programs associated with the Championships; (g) any other functions conferred on the Corporation by or under this Act or any other Act. 10. Powers of Corporation (1) The Corporation may do anything necessary or convenient for or in connection with, or incidental to, the performance of its functions. (2) Without limiting sub-section (1), the Corporation may— (a) enter into arrangements to make use of or to manage existing sporting facilities, services and activities or to establish sporting facilities, and conduct or facilitate services and activities in connection with the holding of the Championships; (b) carry out any works necessary for the matters referred to in paragraph (a); (c) enter into contracts, agreements, leases and licences; (d) acquire or dispose of real or personal property; s. 10 -- 13 of 70 -- Victorian Legislation and Parliamentary Documents Part 2—2007 World Swimming Championships Corporation World Swimming Championships Act 2004 Act No. 95/2004 10 (e) employ or engage staff or consultants; (f) utilise the services of volunteers; (g) appoint agents and attorneys and act as agent; (h) control and manage Championships venues and designated access areas during the access period and the event period; (i) charge and collect fees for admission to Championships venues or events or activities associated with the Championships; (j) undertake promotional or advertising activities, including promoting Melbourne and Victoria as tourist destinations; (k) publish or produce material or things relating to the Championships or events or activities associated with the Championships; (l) control access and entry to Championships venues or designated access areas during the access period and the event period; (m) with the approval of the Minister, after consultation with the Treasurer, form, or participate in the formation of, a body corporate, association, partnership, trust or other body or enter into a joint venture with another person or other persons. 11. Delegation The Corporation, by instrument under its official seal, may delegate to a member of the Board, the chief executive officer or an officer or an employee of the Corporation any power of the Corporation, other than this power of delegation. s. 11 -- 14 of 70 -- Victorian Legislation and Parliamentary Documents Part 2—2007 World Swimming Championships Corporation World Swimming Championships Act 2004 Act No. 95/2004 11 12. Borrowing and investment powers The Corporation has the powers conferred on it by the Borrowing and Investment Powers Act 1987. 13. Appointment of Board (1) There is to be a Board of Management of the Corporation consisting of not less than 9 members and not more than 11 members appointed by the Governor in Council. (2) Of the persons appointed as members of the Board, 4 members are to be persons nominated to the Minister by Swimming Australia, of whom— (a) one must be the President of Swimming Australia; and (b) one must be the Chief Executive Officer of Swimming Australia. 14. Membership and procedure of Board Schedule 1 has effect with respect to the membership and procedure of the Board. 15. Responsibilities of Board The Board— (a) is responsible for the management of the affairs of the Corporation; and (b) may exercise the powers of the Corporation. 16. Board to provide information to Minister (1) The Minister may require the Board to give the Minister such information as the Minister reasonably requires. (2) A requirement under sub-section (1) must be in writing. s. 12 -- 15 of 70 -- Victorian Legislation and Parliamentary Documents Part 2—2007 World Swimming Championships Corporation World Swimming Championships Act 2004 Act No. 95/2004 12 17. Directions to Board (1) The Minister, from time to time, may give such directions to the Board as the Minister thinks fit. (2) A direction under sub-section (1) must be by written notice to the Board. (3) The Board must comply with a direction given under this section but an act or decision of the Board is not invalid merely because of a failure to comply with a direction given under this section. 18. Duties of members of the Board (1) A member of the Board must at all times act honestly in the performance of the functions of his or her office. (2) A member of the Board must at all times exercise a reasonable degree of care and diligence in the performance of his or her functions. (3) A member of the Board or former member of the Board must not make improper use of information acquired by virtue of his or her position as a member to gain, directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to the Corporation. (4) A member of the Board must not make improper use of his or her position as a member to gain, directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to the Corporation. (5) This section has effect in addition to, and not in derogation of, any Act or law relating to the criminal or civil liability of a member of the governing body of a corporation and does not prevent the institution of any criminal or civil proceedings in respect of such a liability. s. 17 -- 16 of 70 -- Victorian Legislation and Parliamentary Documents Part 2—2007 World Swimming Championships Corporation World Swimming Championships Act 2004 Act No. 95/2004 13 19. Corporation or Minister may bring proceedings (1) If a person contravenes section 18 in relation to the Corporation, the Corporation or the Minister, in the name of the Corporation, may recover from the person as a debt due to the Corporation by action in a court of competent jurisdiction either or both of the following— (a) if that person or any other person made a profit as a result of the contravention, an amount equal to that profit; (b) if the Corporation has suffered loss or damage as a result of the contravention, an amount equal to that loss or damage. (2) Despite sub-section (1), the Corporation or the Minister cannot recover under this section if, by force of section 22, a member of the Board is not personally liable for a contravention of section 18. 20. Corporation not to make loans to members (1) The powers of the Corporation do not include a power, whether directly or indirectly— (a) to make a loan to a member of the Board, a spouse of such a member or a relative (as defined in the Corporations Act) of such a member or spouse; or (b) to give a guarantee or provide security in connection with a loan made or to be made by another person to a member of the Board, spouse or relative referred to in paragraph (a). (2) Nothing in sub-section (1) prohibits the Corporation entering into an agreement or arrangement with a person referred to in sub- section (1) if similar agreements or arrangements are entered into by the Corporation with members of the public on the same terms and conditions. s. 19 -- 17 of 70 -- Victorian Legislation and Parliamentary Documents Part 2—2007 World Swimming Championships Corporation World Swimming Championships Act 2004 Act No. 95/2004 14 21. Indemnity (1) The powers of the Corporation do not include a power to exempt, whether directly or indirectly, a member of the Board from, or to indemnify a member of the Board against, any liability that by law would otherwise attach to the member in respect of a wilful breach of duty or a wilful breach of trust of which the member may be guilty in relation to the Corporation. (2) The powers of the Corporation do not include a power to pay, or agree to pay, a premium in respect of a contract of insurance insuring a member of the Board against any liability (other than one for legal costs) that by law would otherwise attach to the member in respect of a wilful breach of duty or a wilful breach of trust of which the member may be guilty in relation to the Corporation. 22. Immunity (1) A member of the Board is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith— (a) in the exercise of a power or the performance of a function or duty under this Act or the regulations; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function or duty under this Act or the regulations. (2) Any liability resulting from an act or omission that, but for sub-section (1), would attach to a member of the Board, attaches instead to the Corporation. s. 21 -- 18 of 70 -- Victorian Legislation and Parliamentary Documents Part 2—2007 World Swimming Championships Corporation World Swimming Championships Act 2004 Act No. 95/2004 15 23. Committees (1) The Corporation may establish any committee as it determines from time to time to be required by the Corporation to assist it in performing any of its functions. (2) The membership and functions of any committee established by the Corporation are to be determined by the Corporation. (3) Except as otherwise determined by the Corporation, the procedure of any committee established by the Corporation is to be determined by the committee. 24. Chief executive officer (1) Subject to sub-section (2), the Corporation may employ a person as the chief executive officer of the Corporation. (2) The Corporation must consult with the Minister before employing a chief executive officer of the Corporation. (3) Subject to this Act, the chief executive officer holds office for the period and on the terms and conditions determined by the Corporation. 25. Other staff (1) The Corporation may employ such officers and employees as are necessary for the performance of its functions. (2) The terms and conditions of employment are as determined by the Corporation. __________________ s. 23 -- 19 of 70 -- Victorian Legislation and Parliamentary Documents Part 3—2007 World Swimming Championships Advisory Committees World Swimming Championships Act 2004 Act No. 95/2004 16 PART 3—2007 WORLD SWIMMING CHAMPIONSHIPS ADVISORY COMMITTEES 26. 2007 World Swimming Championships Advisory Committees (1) The Minister may establish one or more 2007 World Swimming Championships Advisory Committees. (2) An Advisory Committee consists of 3 or more members appointed by the Minister. (3) If an Advisory Committee is to be established to consider matters referred to in section 28(2), the Minister must ensure that the persons appointed to be members of the Advisory Committee include persons with expertise in planning, environment or heritage matters, as appropriate. (4) The Minister must appoint one of the members of an Advisory Committee to be chairperson of the committee. 27. Membership and procedure of Advisory Committees Schedule 2 has effect with respect to the membership and procedure of an Advisory Committee. 28. Functions of Advisory Committees (1) The functions of an Advisory Committee are— (a) to consider any matters that are referred to it by the Minister relating to— (i) the declaration of Championships venues; (ii) the development and establishment of Championships facilities under this Act; and s. 26 -- 20 of 70 -- Victorian Legislation and Parliamentary Documents Part 3—2007 World Swimming Championships Advisory Committees World Swimming Championships Act 2004 Act No. 95/2004 17 (b) if required by the Minister, to carry out public consultation on those matters; and (c) to provide a written report to the Minister identifying any issues relevant to the choice of an area as a possible Championships venue or on any other matters referred to it by the Minister; and (d) to carry out any other functions conferred on an Advisory Committee under this Act. (2) Without limiting sub-section (1), the matters referred to in sub-section (1)(a) that the Minister may refer to an Advisory Committee include matters relating to planning, environment and heritage issues in relation to the declaration of a Championships venue or the development and establishment of Championships facilities under this Act (as the case requires). (3) It is not a function of an Advisory Committee to make recommendations to the Minister as to the site of a Championships venue. (4) Subject to section 29, in carrying out its functions in relation to a matter referred to it by the Minister, an Advisory Committee may inquire into and inform itself in relation to the matter in any manner it sees fit. 29. Public consultation (1) If required by the Minister to undertake public consultation, an Advisory Committee must undertake public consultation in accordance with this section in relation to a matter referred to it by the Minister under section 28. (2) In carrying out public consultation for the purposes of this Part, the Advisory Committee must publish a public notice in a newspaper circulating generally in Victoria calling for representations on the matters referred to it. s. 29 -- 21 of 70 -- Victorian Legislation and Parliamentary Documents Part 3—2007 World Swimming Championships Advisory Committees World Swimming Championships Act 2004 Act No. 95/2004 18 (3) A public notice must specify a time period, being not less than 21 days after the publication of the notice, within which representations may be made to the Advisory Committee in relation to a matter. (4) An Advisory Committee must consider all representations received by it within the period specified in the notice. (5) An Advisory Committee may consider, but is not required to consider, any late representations made to it. 30. Report to Minister (1) An Advisory Committee must report to the Minister within the time specified by the Minister. (2) Subject to sub-section (3), if the Minister refers a matter to an Advisory Committee under this Part, the Minister— (a) must take into account any report of the Advisory Committee received by the Minister within the specified time; and (b) may make any decision about any matter which is the subject of a report without the report of the Advisory Committee if the Minister does not receive the report within the specified time. (3) The Minister is not bound by a report of an Advisory Committee under this Part. __________________ s. 30 -- 22 of 70 -- Victorian Legislation and Parliamentary Documents Part 4—Ministerial Orders World Swimming Championships Act 2004 Act No. 95/2004 19 PART 4—MINISTERIAL ORDERS 31. Minister may declare name or title of the Championships, event or activity The Minister, by order published in the Government Gazette, may declare in respect of the Championships— (a) the name or title of the Championships; (b) the name or title of an event or activity forming part of the Championships or a Championships event. 32. Declaration of Championships venue (1) Subject to section 34, the Minister, by order published in the Government Gazette, may declare an area of land to be a Championships venue. Note: The definition of "land" in section 38 of the Interpretation of Legislation Act 1984 includes land covered by water. (2) An order under this section may only be made in respect of an area of land which is required for an event or activity forming part of the Championships or a Championships event. 33. Designated access areas (1) Subject to section 34, the Minister, by order published in the Government Gazette, may declare an area of land to be a designated access area. (2) An order under this section may only be made in respect of an area of land which is— (a) adjacent to a Championships venue; or (b) required for the establishment, conduct or management of a Championships venue; or s. 31 -- 23 of 70 -- Victorian Legislation and Parliamentary Documents Part 4—Ministerial Orders World Swimming Championships Act 2004 Act No. 95/2004 20 (c) required for purposes ancillary to, or in connection with, the conduct or management of an event or activity forming part of the Championships or a Championships event. (3) Without limiting section 32, an order under sub- section (1) may include a Championships venue. 34. Orders in respect of reserved land If a proposed Championships venue, any part of a proposed Championships venue, a proposed designated access area or any part of a proposed designated access area is land 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 an order under this Part in respect of that land. 35. Orders may refer to plan of survey or lodged plans 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. 36. Declaration of event period The Minister, by order published in the Government Gazette, may declare that a period (not exceeding 30 days) specified in the order is the event period in respect of the Championships. 37. Declaration of access period The Minister, by order published in the Government Gazette, may declare that a period (not exceeding 16 weeks) specified in the order is an access period in respect of a Championships venue or a designated access area. s. 34 -- 24 of 70 -- Victorian Legislation and Parliamentary Documents Part 4—Ministerial Orders World Swimming Championships Act 2004 Act No. 95/2004 21 38. Consultation with Corporation The Minister must consult with the Corporation before making an order under this Part. 39. Amendment and revocation of orders (1) The Minister, by order published in the Government Gazette, may amend, vary or revoke an order made under this Part. (2) This Part applies to the amendment, variation or revocation of an order made under this Part in the same way as it does to the making of an order. 40. When does order come into 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. 41. Orders to be tabled in Parliament The Minister must cause an order made under this Part to be laid before each House of Parliament within 7 sitting days of that House after the order is published in the Government Gazette. __________________ s. 38 -- 25 of 70 -- Victorian Legislation and Parliamentary Documents Part 5—Application of Other Laws World Swimming Championships Act 2004 Act No. 95/2004 22 PART 5—APPLICATION OF OTHER LAWS 42. Planning and Environment Act 1987 Nothing in the Planning and Environment Act 1987 or in any planning scheme applies to the development or use of a Championships venue or designated access area for the purposes of the Championships. 43. Heritage Act 1995 Despite anything to the contrary in the Heritage Act 1995, a permit or consent is not required under that Act for the development or use of a Championships venue or designated access area for the purposes of the Championships. 44. Environment Effects Act 1978 The Environment Effects Act 1978 does not apply to any works carried out in a Championships venue or designated access area for the purposes of the Championships. 45. Coastal Management Act 1995 Despite anything to the contrary in the Coastal Management Act 1995, a consent is not required under that Act for the development or use of a Championships venue or designated access area for the purposes of the Championships. 46. Crown Land (Reserves) Act 1978 (1) During the access period or the event period, land which is a Championships venue or in a designated access area may be entered and used for any of the following purposes— (a) access to a Championships venue or a designated access area; s. 42 -- 26 of 70 -- Victorian Legislation and Parliamentary Documents Part 5—Application of Other Laws World Swimming Championships Act 2004 Act No. 95/2004 23 (b) the carrying out of works at a Championships venue or a designated access area for the purposes of the Championships; (c) the storage of goods, vehicles and equipment for the purposes of those works; (d) the maintenance and repair of those works. (2) This section applies despite anything to the contrary in the Land Act 1958, any Crown grant, the Crown Land (Reserves) Act 1978, any reservation under that Act or any regulations made under that Act. 47. Conservation, Forests and Lands Act 1987 Nothing in Part 7 of the Conservation, Forests and Lands Act 1987 applies to the carrying out of works authorised by and in accordance with this Act by or at the request of the Corporation in respect of a Championships venue or in a designated access area during the access period or the event period. 48. Melbourne and Metropolitan Board of Works Act 1958 Nothing in the Melbourne and Metropolitan Board of Works Act 1958 applies to the development or use of a Championships venue or designated access area for the purposes of the Championships. 49. Albert Park Land Act 1972 Nothing in the Albert Park Land Act 1972 applies to the development or use for the purposes of the Championships of a Championships venue or designated access area on land to which that Act applies. s. 47 -- 27 of 70 -- Victorian Legislation and Parliamentary Documents Part 5—Application of Other Laws World Swimming Championships Act 2004 Act No. 95/2004 24 50. Building Act 1993 (1) Despite anything to the contrary in the Building Act 1993, the Minister administering that Act, by order published in the Government Gazette, may declare that the administration and enforcement, in relation to all or part of a Championships venue or a designated access area, of any of the provisions of that Act and the regulations made under that Act is to be carried out— (a) by the Secretary or any other person or body specified in the order; and (b) in accordance with the terms and conditions of the order. (2) The Building Act 1993 and the regulations under that Act apply for the purposes of this section as if any reference to a council or a relevant building surveyor or a municipal building surveyor were a reference to the relevant person or body specified in an order under this section. __________________ s. 50 -- 28 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 25 PART 6—COMMERCIAL ARRANGEMENTS Division 1—Application of Part 51. Part does not derogate from other rights Nothing in this Part derogates from any rights subsisting in or any remedy available to any person under any other law or any contract or agreement in relation to— (a) WSC logos or images; or (b) any other logos or images; or (c) WSC references. Note: Other laws which may give rights or provide remedies include the Copyright Act 1968, the Trade Marks Act 1995, the Designs Act 1906 and the Trade Practices Act 1974 of the Commonwealth and the Fair Trading Act 1999. 52. Part does not affect rights relating to use of business or company names Nothing in this Part affects any rights conferred on any person prior to the commencement of this Part in relation to— (a) a name that is registered in relation to a business under the Business Names Act 1962 or a corresponding law of another State or Territory of the Commonwealth prior to that commencement; or (b) a registered name of a company incorporated under the Corporations Act prior to that commencement. s. 51 -- 29 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 26 53. Part does not affect rights in respect of passing off (1) Nothing in this Part affects the use of any logos or images or references by a person on or after the commencement of this Part if, immediately before that commencement, the person would have been entitled to prevent another person from passing off by means of the use of the logos or images or the references or of similar logos or images or references, goods, services or a business as the goods, services or business of the first-mentioned person. (2) In an action or proceedings in respect of passing off brought against the Corporation or a person authorised to use WSC logos or images or WSC references arising out of the use of logos or images or references referred to in sub-section (1), it is a defence if the Corporation or the person authorised to use WSC logos or images or WSC references satisfies the court that at the time of the use, the Corporation or the person authorised to use WSC logos or images or WSC references was not aware that the person bringing the action or proceedings was entitled to prevent the passing off. Division 2—Authorising Use of Logos, Images and References 54. Corporation may authorise use of WSC logos or images or WSC references (1) For the purposes of this Part, the Corporation may authorise a person to use WSC logos or images or WSC references. (2) An authorisation under this section must be in writing. s. 53 -- 30 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 27 55. What can an authorisation contain? (1) An authorisation under section 54 is subject to any terms and conditions which the Corporation believes are reasonable to impose, including, but not limited to— (a) the duration of the authorisation; (b) whether the authorisation applies generally or in specified circumstances; (c) whether the authorisation authorises the use of all WSC logos or images or WSC references or specified kinds of WSC logos or images or WSC references. (2) An authorisation under section 54 expires at the earlier of— (a) the expiration date specified in the authorisation; or (b) if no date is specified, 31 December 2009. 56. Register of authorisations (1) The Corporation must— (a) maintain a register of authorisations given under section 54; and (b) record in the register of authorisations each authorisation by the Corporation under section 54. (2) The register of authorisations must include the following— (a) the name of any person authorised by the Corporation under section 54 to use WSC logos or images or WSC references; (b) the date of the authorisation and the period of its duration. s. 55 -- 31 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 28 (3) The register of authorisations may be— (a) inspected by any person at any reasonable time, without charge; and (b) made available for inspection on the Internet. 57. Use of WSC references which do not need authorisation (1) The following persons may use WSC references without the authorisation of the Corporation— (a) FINA; (b) Swimming Australia. (2) Subject to sub-section (3), the following persons may use WSC references without the authorisation of the Corporation in the following specified circumstances— (a) any person if the use is incidental to— (i) the provision of information, including the reporting of news and the presentation of current affairs; or (ii) the purposes of criticism and review, including criticism or review in a newspaper, magazine or similar periodical, a broadcast or a film; (b) any person if the use is for— (i) the purposes of professional advice; or (ii) research or study purposes; or (iii) educational purposes. (3) A person referred to in sub-section (2) is not authorised to use a WSC reference if the use of the WSC reference— (a) is for promotional, marketing or commercial purposes; or (b) suggests a sponsorship-like arrangement. s. 57 -- 32 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 29 58. Offence to engage in conduct that suggests sponsorship, approval or affiliation A person must not engage in conduct which would suggest to a reasonable person— (a) that goods or services have a sponsorship, approval or affiliation that they do not have with— (i) the Championships; or (ii) any event or activity associated with the Championships; or (iii) the Corporation; or (iv) FINA; or (v) Swimming Australia; or (b) that any person has a sponsorship, approval or affiliation that the person does not have with— (i) the Championships; or (ii) any event or activity associated with the Championships; or (iii) the Corporation; or (iv) FINA; or (v) Swimming Australia. Penalty: 100 penalty units, in the case of a natural person; 600 penalty units, in the case of a body corporate. s. 58 -- 33 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 30 59. Offence to use WSC logos or images or WSC references without authorisation (1) A person must not use— (a) WSC logos or images or WSC references; or (b) any thing that is substantially identical to or deceptively similar to WSC logos or images or WSC references— if the use— (c) is for commercial purposes; or (d) is for promotional, advertising or marketing purposes, whether or not for commercial gain; or (e) would suggest a sponsorship-like arrangement to a reasonable person. Penalty: 100 penalty units, in the case of a natural person; 600 penalty units, in the case of a body corporate. (2) Sub-section (1) does not apply to— (a) any use of WSC logos or images or WSC references that has been authorised by the Corporation under section 54; or (b) any use of WSC references in accordance with section 57; or (c) any use of WSC logos or images or WSC references or any other logos or images that is otherwise authorised by or under this Act or any other law. s. 59 -- 34 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 31 Division 3—Authorising Broadcasting of Championships 60. Corporation may authorise broadcasting (1) Subject to sub-section (2), the Corporation may authorise a person to— (a) broadcast, telecast or transmit by any means whatever any sound or image of a Championships event or any part of a Championships event for profit or gain, or for a purpose that includes profit or gain, at or from a place within or outside a Championships venue; or (b) make any sound recording or any film, television, video or digital recording of moving images of a Championships event or any part of a Championships event for profit or gain, or for a purpose that includes profit or gain, at or from a place within or outside a Championships venue. (2) The Corporation must not give a broadcasting authorisation if, in the opinion of the Corporation, the activity authorised would adversely affect— (a) the organisation or conduct of the Championships or a Championships event; or (b) any commercial arrangements relating to the Championships or a Championships event. (3) A broadcasting authorisation must be in writing. s. 60 -- 35 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 32 61. Application for broadcasting authorisation An application for a broadcasting authorisation must be made in the manner and form determined by the Corporation. 62. What can a broadcasting authorisation contain? A broadcasting authorisation is subject to any terms and conditions which the Corporation believes are reasonable to impose including but not limited to— (a) the duration of the authorisation; (b) whether the authorisation applies generally or in specified circumstances; (c) whether the authorisation applies to a specified person or persons or to a specified class or classes of person. 63. Offence to broadcast without broadcasting authorisation A person must not broadcast, telecast or transmit by any means whatever any sound or image of a Championships event or any part of a Championships event for profit or gain, or for a purpose that includes profit or gain, at or from a place within or outside a Championships venue unless the person has a broadcasting authorisation. Penalty: 400 penalty units, in the case of a natural person; 2400 penalty units, in the case of a body corporate. s. 61 -- 36 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 33 64. Offence to make recording without broadcasting authorisation A person must not make any sound recording or any film, television, video or digital recording of moving images of a Championships event or any part of a Championships event for profit or gain, or for a purpose that includes profit or gain, at or from a place within or outside a Championships venue unless the person has a broadcasting authorisation. Penalty: 400 penalty units, in the case of a natural person; 2400 penalty units, in the case of a body corporate. Division 4—Aerial Advertising and Advertising on Boats 65. Corporation may authorise aerial advertising (1) Subject to sub-section (2), the Corporation may authorise a person to display aerial advertising in airspace within sight of a Championships venue or a Championships event during the event period. (2) The Corporation must not give an aerial advertising authorisation if, in the opinion of the Corporation, the display of aerial advertising would adversely affect— (a) the organisation or conduct of the Championships or a Championships event; or (b) any commercial arrangements relating to the Championships or a Championships event. (3) An aerial advertising authorisation must be in writing. s. 64 -- 37 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 34 66. Corporation may authorise advertising on boats (1) Subject to sub-section (2), the Corporation may authorise a person to display advertising on a boat within sight of a Championships venue or a Championships event during the event period. (2) The Corporation must not give an advertising on boats authorisation if, in the opinion of the Corporation, the display of advertising on the boat would adversely affect— (a) the organisation or conduct of the Championships or a Championships event; or (b) any commercial arrangements relating to the Championships or a Championships event. (3) An advertising on boats authorisation must be in writing. 67. Application for advertising authorisation under this Division An application for an advertising authorisation under this Division must be made in the manner and form determined by the Corporation. 68. What can an advertising authorisation under this Division contain? An advertising authorisation under this Division is subject to any terms and conditions which the Corporation believes are reasonable to impose including but not limited to— (a) the duration of the authorisation; (b) whether the authorisation applies generally or in specified circumstances; (c) whether the authorisation applies to a specified person or persons or to a specified class or classes of person; s. 66 -- 38 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 35 (d) whether the authorisation applies to a specified type of advertising or to a specified class or classes of advertising. 69. Offence to display certain advertising (1) A person must not, during the event period, display an advertisement, or cause an advertisement to be displayed, in airspace that is within sight of a Championships venue or a Championships event without an aerial advertising authorisation. Penalty: 400 penalty units, in the case of a natural person; 2400 penalty units, in the case of a body corporate. (2) A person must not, during the event period, display an advertisement, or cause an advertisement to be displayed, on a boat that is within sight of a Championships venue or a Championships event without an advertising on boats authorisation. Penalty: 400 penalty units, in the case of a natural person; 2400 penalty units, in the case of a body corporate. (3) For the purposes of this section— "advertisement" includes— (a) skywriting or sign writing by an aircraft; (b) a banner or other sign towed by or attached to an aircraft or boat; (c) matter displayed on an aircraft or boat, other than its normal markings and livery; s. 69 -- 39 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 36 (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) matter displayed on a flag, other than a state or national flag, that has an area of more than 5 square metres; (g) any laser or digital projection of advertising; "aircraft" includes airship, blimp, hot-air balloon and helicopter; "boat" means any water craft, whether or not powered and includes sail craft and jet skis. Division 5—Advertising Generally 70. Prohibition of unauthorised advertising (1) A person who is the owner or occupier or the holder of a lease or licence relating to a building or structure in an area which is a Championships venue or a designated access area must not, during the event period, cause or permit any advertising material to be affixed to or placed on, or to remain on, the building or structure except as authorised or permitted by the Corporation. (2) The Corporation may obliterate or remove any advertising material on a building or structure in a Championships venue or a designated access area in contravention of sub-section (1). s. 70 -- 40 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 37 (3) In exercising its powers under sub-section (2), the Corporation must cause as little damage as possible. (4) Sub-section (1) does not apply to an advertisement by the holder of a lease or licence of premises where a business is carried on if the advertisement complies with the requirements prescribed by the regulations. Division 6—Enforcement Relating to WSC Logos, Images and References 71. Injunctions (1) An authorised applicant may apply to the Magistrates' Court for the grant of an injunction restraining a person from engaging in conduct that constitutes— (a) a contravention of section 58 or 59; or (b) attempting or conspiring to contravene section 58 or 59; or (c) aiding, abetting, counselling or procuring a person to contravene section 58 or 59; or (d) inducing or attempting to induce a person, whether by threats, promises or otherwise, to contravene section 58 or 59; or (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of section 58 or 59. (2) The Magistrates' Court may grant an injunction restraining a person from engaging in conduct of the kind referred to in paragraphs (a) to (e) of sub- section (1)— s. 71 -- 41 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 38 (a) if the Court is satisfied, on the balance of probabilities, 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 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 proceedings, whether or not the person has engaged in, or is likely to engage in conduct of that kind. (3) Pending determination of an application under this section, the Magistrates' Court may grant an interim injunction if, in the opinion of the Court, it is desirable to do so. (4) An application for an injunction under this section may be made ex parte. (5) In this section "authorised applicant" means— (a) the Corporation; (b) any person authorised by this Act or any other law to use WSC logos or images or WSC references. 72. Power to rescind or vary injunctions The Magistrates' Court may rescind or vary an injunction or an interim injunction granted by it under section 71. s. 72 -- 42 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 39 73. Power of court to require corrective advertising (1) If, on the application of an authorised applicant, a court is satisfied, on the balance of probabilities, that there has been a contravention of section 58 or 59, the court may make either or both of the following orders— (a) an order requiring any person involved in the contravention to disclose any information which is in the person's possession or to which the person has access, which is information specified in the order or information of a class of information specified in the order— (i) to the public or any person or class of persons specified in the order; and (ii) in the manner specified in the order; (b) an order requiring any person involved in the contravention to publish an advertisement in the terms specified or determined in accordance with the order— (i) at the expense of the person; and (ii) in the manner and at the times specified in the order. (2) A court may make an order under this section whether or not an injunction is granted under section 71. (3) In this section "authorised applicant" means— (a) the Corporation; (b) any person authorised by this Act or any other law to use WSC logos or images or WSC references. s. 73 -- 43 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 40 74. Actions for damages (1) If the Corporation or any person authorised to use WSC logos or images or WSC references suffers any injury or damage because of a contravention of section 58 or 59, the Corporation or the person authorised to use WSC logos or images or WSC references may recover the amount of the loss or damage or damages in respect of the injury by proceeding against any person involved in the contravention. (2) A proceeding under this section may be brought in any court of competent jurisdiction. (3) A proceeding under sub-section (1) must not be commenced more than 3 years after the date on which the cause of action accrued. (4) A court may make an order under this section whether or not an injunction is granted under section 71. 75. Account of profits (1) The Corporation or any person authorised to use WSC logos or images or WSC references may apply to a court for an account of profits in respect of a contravention of section 58 or 59 by proceeding against any person involved in the contravention. (2) A proceeding under this section may be brought in any court of competent jurisdiction. (3) A proceeding under sub-section (1) must not be commenced more than 3 years after the date on which the cause of action accrued. (4) A court may make an order under this section whether or not an injunction is granted under section 71. s. 74 -- 44 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 41 76. No entitlement to both damages and account of profits The Corporation or any person authorised to use WSC logos or images or WSC references is not entitled to bring proceedings for both damages under section 74 and an account of profits under section 75 in respect of the same contravention of section 58 or 59 (as the case requires). Division 7—Seizure and Forfeiture 77. Seizure of goods and advertising material during goods seizure period (1) Subject to sub-section (2), a member of the police force may seize goods or advertising material if the member of the police force— (a) finds goods or advertising material that are marked with or use— (i) WSC logos or images or WSC references; or (ii) any thing that is substantially identical to or deceptively similar to WSC logos or images or WSC references; and (b) believes on reasonable grounds that the marking with or use of the logos or images or references or thing referred to in paragraph (a), as the case requires, has not been authorised under this Act or by or under any other law. (2) A member of the police force may only seize goods or advertising material referred to in sub- section (1) if the goods or advertising material are found in a Championships venue or a designated access area during the goods seizure period. s. 76 -- 45 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 42 78. Seized goods or advertising material to be given to Office of Sport and Recreation Victoria (1) A member of the police force, as soon as practicable, must give goods or advertising material seized under section 77 to the Office of Sport and Recreation Victoria. (2) Subject to sub-section (3), the Office of Sport and Recreation Victoria must retain goods or advertising material seized under section 77 until the goods or advertising material— (a) are forfeited to the Crown under section 79 or 86; or (b) are returned to the person from whom they were seized in accordance with section 85; or (c) are returned to their lawful owner by court order or otherwise. (3) If goods or advertising material seized under section 77 are still being retained under this section on 30 December 2009 and no on-going proceedings in respect of the goods or advertising material are in existence at that date, the goods or advertising material are forfeited to the Crown. (4) If goods or advertising material are forfeited to the Crown under sub-section (3)— (a) the Minister may direct that the goods or material be disposed of in any manner that the Minister thinks fit; and (b) if the Minister directs that the goods or material are to be disposed of by sale— (i) the Minister must consult with the Corporation before that sale; and (ii) the proceeds of the sale must be paid into the Consolidated Fund. s. 78 -- 46 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 43 79. Voluntary forfeiture to Crown (1) Before proceedings are instituted for an offence against section 58 or 59 in relation to any goods or advertising material seized under section 77, the person from whom they were seized may voluntarily forfeit the goods or advertising material to the Crown. (2) A forfeiture under sub-section (1) must be by written notice given to the Office of Sport and Recreation Victoria. (3) On receipt of a notice of forfeiture under sub- section (2)— (a) the seized goods or advertising material are forfeited to the Crown; and (b) the Office of Sport and Recreation Victoria must cause the Corporation to be notified that the goods or advertising material have been voluntarily forfeited to the Crown. (4) If any seized goods or advertising material are forfeited to the Crown under this section— (a) the Minister may direct that the goods or material be disposed of in any manner that the Minister thinks fit; and (b) if the Minister directs that the goods or material are to be disposed of by sale— (i) the Minister must consult with the Corporation before that sale; and (ii) the proceeds of the sale must be paid into the Consolidated Fund. s. 79 -- 47 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 44 80. Seizure of broadcasting equipment (1) Subject to sub-section (3), 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 63 or 64, the member of the police force may seize any broadcasting equipment being used by that person if— (a) the member has requested that the person cease the activity which may constitute an offence against section 63 or 64 (as the case requires); and (b) the person does not cease the activity after that request. (2) If a member of the police force seizes any broadcasting equipment under this section, the member of the police force must immediately give the person a written receipt for the equipment seized indicating— (a) the nature of the equipment seized; and (b) the date and time that the member of the police force took possession of the equipment; and (c) the name and rank of the member of the police force who seized the equipment. (3) A member of the police force may only seize broadcasting equipment under sub-section (1) during the event period. 81. Seized broadcasting equipment to be given to Office of Sport and Recreation Victoria (1) A member of the police force, as soon as practicable, must give broadcasting equipment seized under section 80 to the Office of Sport and Recreation Victoria. s. 80 -- 48 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 45 (2) The Office of Sport and Recreation Victoria must retain broadcasting equipment seized under section 80 until the broadcasting equipment— (a) in the case of broadcasting equipment other than a film, digitally recorded images or a sound recording, is returned in accordance with section 82; or (b) in any case, is returned to the person from whom it was seized or its lawful owner— (i) in accordance with this Act; or (ii) by court order or otherwise. 82. Return of broadcasting equipment within 28 days (1) The Chief Commissioner of Police must ensure that broadcasting equipment seized under section 80 is returned to the person from whom it was seized within 28 days after the date on which it was seized. (2) Sub-section (1) does not apply to broadcasting equipment which is a film, digitally recorded images or a sound recording. 83. Application to Magistrates' Court for return of broadcasting equipment (1) A person from whom broadcasting equipment has been seized under section 80 may apply to the Magistrates' Court for the return of that equipment. (2) An application under sub-section (1)— (a) may be made at any time after the seizure; and (b) must not be made if proceedings for an offence against section 63 or 64 have been commenced in respect of that seized broadcasting equipment. s. 82 -- 49 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 46 (3) On an application under sub-section (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 broadcasting equipment if, in the opinion of the Court, it can be returned consistently with the interests of justice; (b) an order for the return of the broadcasting equipment subject to any specified conditions; (c) any other order it considers appropriate in relation to the broadcasting equipment. 84. Power for Corporation to retain film etc. for up to 6 months (1) If broadcasting equipment seized under section 80 includes a film, digitally recorded images or a sound recording, the Corporation may retain the film, digitally recorded images or sound recording for a period not exceeding 6 months after the date of seizure. (2) If a film, digitally recorded images or a sound recording is still being retained by the Corporation under this section on 30 September 2009 and no on-going proceedings in respect of the film, digitally recorded images or sound recording are in existence at that date, the film, digitally recorded images or sound recording must be returned to— (a) the person from whom it was seized under section 80; or (b) its lawful owner. s. 84 -- 50 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 47 85. Recovery of things seized and compensation (1) If any goods or advertising material have been seized under section 77 and the goods or advertising material have not been voluntarily forfeited under section 79 and— (a) proceedings are not instituted for an offence against section 58 or 59 in relation to the seized goods or advertising material within 6 months of the seizure; or (b) after proceedings have been instituted and completed, the defendant is not found guilty— the person from whom they were seized is entitled to recover— (c) the seized goods or advertising material or, if they have been destroyed, compensation equal to the market value of the goods or advertising material at the time of the seizure; and (d) compensation for any loss suffered by reason of the seizure of the goods or advertising material. (2) If any broadcasting equipment has been seized under section 80 and it has not been returned under section 82 or by court order or otherwise and— (a) proceedings are not instituted for an offence against section 63 or 64 in relation to the seized broadcasting equipment within 6 months of the seizure; or (b) after proceedings have been instituted and completed, the defendant is not found guilty— the person from whom the equipment was seized is entitled to recover— s. 85 -- 51 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 48 (c) the seized broadcasting equipment, or, if it has been destroyed, compensation equal to the market value of the broadcasting equipment at the time of the seizure; and (d) compensation for any loss suffered by reason of the seizure of the broadcasting equipment. (3) An action for the payment of compensation under sub-section (1) or (2) may be brought in any court of competent jurisdiction against the Corporation. 86. Court may order forfeiture to the Crown (1) A court which finds a person guilty of an offence against section 58 or 59 may order that any goods or advertising material to which the offence relates be forfeited to the Crown. (2) A court which finds a person guilty of an offence against section 63 or 64 may order that any broadcasting equipment used in the commission of the offence be forfeited to the Crown. (3) If any goods, advertising material or broadcasting equipment are forfeited to the Crown under sub- section (1) or (2) (as the case requires)— (a) the Minister may direct that the goods, advertising material or broadcasting equipment be disposed of in any manner that the Minister thinks fit; and (b) if the Minister directs that the goods, advertising material or broadcasting equipment is to be disposed of by sale— (i) in the case of goods or advertising material, the Minister must consult with the Corporation before that sale; and (ii) the proceeds of the sale must be paid into the Consolidated Fund. s. 86 -- 52 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 49 Division 8—Miscellaneous 87. Meaning of marked with logos or images or references For the purposes of this Part, goods are to be taken to be marked with WSC logos or images or WSC references or any thing that is substantially identical to or deceptively similar to WSC logos or images or WSC references, if the logos or images or references are affixed to, annexed to, marked on or incorporated in or with— (a) the goods; or (b) any covering or container in which the goods are wholly or partly enclosed; or (c) anything placed in or attached to any covering or container in which the goods are wholly or partly enclosed; or (d) anything that is attached to the goods or around which the goods are wrapped or wound. 88. Offences by corporations and partnerships etc. (1) In this section, "officer"— (a) in relation to a corporation within the meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and (b) in relation to a corporation that is not a corporation within the meaning of that Act, means any person (by whatever name called) who is concerned or takes part in the management of the corporation— but does not include an employee of the corporation. s. 87 -- 53 of 70 -- Victorian Legislation and Parliamentary Documents Part 6—Commercial Arrangements World Swimming Championships Act 2004 Act No. 95/2004 50 (2) If a corporation is guilty of an offence against this Part, any officer of the corporation who was in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for that offence. (3) If in a proceeding for an offence against this Part it is necessary to establish the intention of a corporation, it is sufficient to show that a servant or agent of the corporation had that intention. (4) A statement made by an officer of a corporation is admissible as evidence against the corporation in any proceeding against the corporation for an offence against this Part. (5) If this Part provides that a person is guilty of an offence, that reference to a person must— (a) if the person is a partnership, be read as a reference to each member of the partnership; and (b) if the person is an unincorporated association, be read as a reference to each member of the committee of management of the association. __________________ s. 88 -- 54 of 70 -- Victorian Legislation and Parliamentary Documents Part 7—General World Swimming Championships Act 2004 Act No. 95/2004 51 PART 7—GENERAL 89. Borrowing and Investment Powers Act 1987 After item 41 in Schedule 1 to the Borrowing and Investment Powers Act 1987 insert— "42. 2007 World Swimming Championships Corporation 5, 8, 10, 11, 11AA, 11AB, 12, 14, 14A, 15, 20, 20A and 21". 90. Regulations (1) The Governor in Council may make regulations for or with respect to— (a) prescribing WSC logos or images for the purposes of Part 6; (b) prescribing WSC references for the purposes of Part 6; (c) any other matter or thing that is required or permitted by this Act to be prescribed or that is necessary to be prescribed for carrying out or giving effect to this Act. (2) Regulations made under sub-section (1)(a) or (b) may prescribe the matters referred to in sub- section (1)(a) or (b)— (a) in any form or any combination of forms; and (b) whether or not by reference to particular colours or combinations of colours or in any colours or combinations of colours or both. See: Act No. 13/1987. Reprint No. 7 as at 3 November 2003 and amending Act Nos 85/2003 and 22/2004. LawToday: www.dms. dpc.vic. gov.au s. 89 -- 55 of 70 -- Victorian Legislation and Parliamentary Documents Part 7—General World Swimming Championships Act 2004 Act No. 95/2004 52 (3) Regulations made under this Act— (a) may be of general or limited application; (b) may differ according to differences in time, place or circumstance. 91. Expiry of Act (1) This Act, except Part 1, this section and Schedule 3, expires on 31 December 2009. (2) Schedule 3 has effect. (3) Part 1, this section and Schedule 3 expire on 31 December 2010. __________________ s. 91 -- 56 of 70 -- Victorian Legislation and Parliamentary Documents World Swimming Championships Act 2004 Act No. 95/2004 53 SCHEDULES SCHEDULE 1 Section 14 MEMBERSHIP AND PROCEDURE OF BOARD 1. Terms of appointment of members of the Board (1) A member of the Board holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment. (2) A member of the Board is eligible for re-appointment. (3) Subject to this Act, a member of the Board holds office on such terms and conditions as to payment of allowances and expenses or any other matter as determined by the Governor in Council and specified in the instrument of appointment of the member. (4) The Public Sector Management and Employment Act 1998 does not apply to a member of the Board in respect of the office of member. 2. Chairperson of Board (1) The Minister must appoint a Chairperson of the Board from the members of the Board. (2) A person appointed as Chairperson ceases to hold that office on ceasing to be a member of the Board or on the revocation of his or her appointment as Chairperson by the Minister. 3. Deputy Chairperson (1) The Deputy Chairperson of the Board is a member appointed from time to time as Deputy Chairperson by a majority of the members of the Board. (2) The Deputy Chairperson ceases to hold that office on ceasing to be a member of the Board. 4. Acting appointments (1) The Governor in Council may appoint a person to act in the place of a member of the Board who is absent or who, for any other reason, is unable to perform the duties of the office. Sch. 1 -- 57 of 70 -- Victorian Legislation and Parliamentary Documents World Swimming Championships Act 2004 Act No. 95/2004 54 (2) An acting appointment is for the term, and on the conditions, including conditions as to payment of allowances and expenses, determined by the Governor in Council. (3) A person appointed under sub-clause (1) has all the powers and may perform all the duties of the member for whom he or she is acting. (4) The Governor in Council may at any time terminate an acting appointment. 5. Resignation and removal of members of Board (1) A member of the Board may resign the office of member by writing signed by the member and addressed to the Governor in Council. (2) The Governor in Council, on the recommendation of the Minister, may at any time remove a member of the Board from office. 6. Vacancies in membership of Board (1) A member's office becomes vacant— (a) on the expiry of his or her term of office; or (b) if he or she resigns from office; or (c) if he or she is removed from office; or (d) if he or she is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or (e) if he or she becomes an insolvent under administration within the meaning of the Corporations Act; or (f) if he or she, without the Board's approval, fails to attend 3 consecutive meetings of the Board. (2) If a member of the Board resigns, is removed from office or his or her office otherwise becomes vacant, the Governor in Council, in accordance with this Act, may fill the vacant office. Sch. 1 -- 58 of 70 -- Victorian Legislation and Parliamentary Documents World Swimming Championships Act 2004 Act No. 95/2004 55 7. Validity of decisions of Board (1) An act or decision of the Board is not invalid merely because of— (a) a defect or irregularity in, or in connection with, the appointment of a member of the Board; or (b) a vacancy in the membership of the Board, including a vacancy arising from the failure to appoint an original member of the Board. (2) Anything done by or in relation to a person purporting to act as Chairperson, Deputy Chairperson or a member of the Board is not invalid merely because— (a) the occasion for the appointment had not arisen; or (b) there was a defect or irregularity in, or in connection with, the appointment; or (c) the appointment had ceased to have effect; or (d) in the case of an acting member, the occasion for the member acting had not arisen or had ceased. 8. Presiding at meetings of Board The person who is to preside at a meeting of the Board is— (a) the Chairperson, if he or she is present; or (b) in the absence of the Chairperson, the Deputy Chairperson, if he or she is present; or (c) in the absence of both the Chairperson and the Deputy Chairperson, a member elected to preside by the members of the Board present at the meeting. 9. Quorum A quorum of the Board is constituted by a majority of the members of the Board appointed for the time being. 10. Proceedings of Board (1) Subject to sub-clauses (2) and (3), meetings of the Board are to be held at the times and places that the Chairperson determines. (2) A meeting of the Board may be convened at any time— (a) by the Chairperson; or (b) by at least 5 members of the Board. Sch. 1 -- 59 of 70 -- Victorian Legislation and Parliamentary Documents World Swimming Championships Act 2004 Act No. 95/2004 56 (3) The Board may permit its members to participate in a particular meeting by— (a) telephone; or (b) closed-circuit television; or (c) any other means of electronic or instantaneous communication. (4) A member of the Board who participates in a meeting under a permission under sub-clause (3) is deemed to be present at the meeting. (5) A question arising at a meeting must be determined by a majority of votes of members of the Board present and voting on that question and, if the voting is equal, the person presiding has a casting vote as well as a deliberative vote. (6) The person presiding must ensure that minutes are kept of each of the Board's meetings. (7) Subject to this Act, the Board may regulate its own proceedings. 11. Resolutions without meetings (1) If all of the members of the Board for the time being see a document setting out a resolution and a majority of those members sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is deemed to have been passed at a meeting of the Board held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last member to sign signs the document. (2) If a resolution is deemed under sub-clause (1) to have been passed at a meeting of the Board, each member of the Board must be advised as soon as practicable and given a copy of the terms of the resolution. (3) For the purposes of sub-clause (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members of the Board, are deemed to constitute one document. Sch. 1 -- 60 of 70 -- Victorian Legislation and Parliamentary Documents World Swimming Championships Act 2004 Act No. 95/2004 57 (4) In sub-clause (1), "member", in relation to a resolution, does not include— (a) a member who, because of clause 12, is not permitted to take part in the making of the resolution; or (b) a member who is on leave of absence approved by the Board; or (c) a member who otherwise disqualifies himself or herself from taking part in considering or voting on the resolution in question on the grounds that he or she is not entitled at law to do so or has a conflict of interest; or (d) any member who the members of the Board reasonably believe is not entitled at law to consider or vote on the resolution in question. 12. Disclosure of interests of members of the Board (1) A member of the Board who has a direct or indirect pecuniary interest in a contract or other matter being dealt with by the Board must disclose the nature of that interest at a meeting of the Board as soon as possible after becoming aware of the interest. (2) A member of the Board who holds an office or possesses property as a result of which, directly or indirectly, duties or interests may be created in conflict with the member's duties as a member, must disclose that fact at a meeting of the Board as soon as possible after becoming aware of the potential conflict. (3) The person presiding at a meeting at which a disclosure under this clause is made must cause that disclosure to be recorded in the minutes of the meeting. (4) Subject to sub-clauses (6) and (7), a person who has made a disclosure under this clause must not take any further part in the discussion of or vote on the contract or other matter to which the disclosure relates. (5) Subject to sub-clauses (6) and (7), if a member of the Board votes on a matter in contravention of sub-clause (4), his or her vote must be disallowed. (6) Sub-clauses (4) and (5) do not apply in relation to a matter relating to the supply of goods or services to a member of the Board if the goods or services are, or are to be, available to members of the public on the same terms and conditions. Sch. 1 -- 61 of 70 -- Victorian Legislation and Parliamentary Documents World Swimming Championships Act 2004 Act No. 95/2004 58 (7) Sub-clauses (4) and (5) do not apply in respect of a matter relating to any contract or arrangement between the Corporation and Swimming Australia if the interest of the member of the Board is only because that member is the President of Swimming Australia or the Chief Executive Officer of Swimming Australia. 13. Member of Board may act in interests of body Despite clause 12, a member of the Board who is the President of Swimming Australia or the Chief Executive Officer of Swimming Australia may have regard to and may act in accordance with the interests of Swimming Australia provided that in doing so, the member does not act in a manner contrary to the interests of the Corporation. __________________ Sch. 1 -- 62 of 70 -- Victorian Legislation and Parliamentary Documents World Swimming Championships Act 2004 Act No. 95/2004 59 SCHEDULE 2 Section 27 MEMBERSHIP AND PROCEDURE OF ADVISORY COMMITTEES 1. Terms of appointment (1) A member of an Advisory Committee holds office for the term, not exceeding 3 years, specified in the instrument of appointment. (2) A member of an Advisory Committee is eligible for re-appointment. (3) A member of an Advisory Committee is appointed on the terms and conditions specified in the instrument of appointment. (4) A member of an Advisory Committee, other than a member who is an employee of the public service, is entitled to receive the fees and allowances from time to time fixed by the Minister in respect of that member. (5) A member of an Advisory Committee, in respect of the office of member, is not subject to the Public Sector Management and Employment Act 1998. 2. Resignation and removal (1) A member of an Advisory Committee may resign as a member of the committee by letter signed by the member and delivered to the Minister. (2) The Minister may at any time remove a member of an Advisory Committee from office. 3. Quorum A quorum of an Advisory Committee consists of a majority of the members of the Advisory Committee for the time being. 4. Procedure at meetings (1) The chairperson of an Advisory Committee must preside at a meeting of the committee at which he or she is present. (2) If the chairperson is absent from a meeting of an Advisory Committee, a person elected by the members present must preside at the meeting. Sch. 2 -- 63 of 70 -- Victorian Legislation and Parliamentary Documents World Swimming Championships Act 2004 Act No. 95/2004 60 (3) At a meeting of an Advisory Committee, a decision of the committee is a decision of the majority of the members present and voting at the meeting and, if voting is equal, the person presiding at the meeting has a second or casting vote. (4) Subject to this Act, an Advisory Committee may regulate its own proceedings. 5. Disclosure of interests (1) A member of an Advisory Committee who has a direct or indirect pecuniary interest in a matter being considered or proposed to be considered by the Advisory Committee must, as soon as practicable after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Advisory Committee. (2) A disclosure made under sub-clause (1) must be recorded in the minutes of the meeting at which it is made. (3) A person who makes a disclosure under sub-clause (1) must not— (a) take any further part in any consideration or discussion of the matter; or (b) take part in any vote on the matter; or (c) be counted for the purposes of a quorum. __________________ Sch. 2 -- 64 of 70 -- Victorian Legislation and Parliamentary Documents World Swimming Championships Act 2004 Act No. 95/2004 61 SCHEDULE 3 Section 91(2) CORPORATION ABOLISHED AND TRANSFER OF ASSETS AND LIABILITIES 1. Definition In this Schedule, "abolition date" means the date that Part 2 of this Act expires. 2. Abolition of Corporation On the abolition date, the Corporation is abolished. 3. Members of Board go out of office A person holding office as a member of the Board immediately before the abolition date ceases to hold that office on that date. 4. Abolition of committees On the abolition date— (a) any committee established by the Corporation under section 23 is abolished; and (b) a person holding office as a member of a committee referred to in paragraph (a) immediately before the abolition date ceases to hold that office. 5. Transfer of assets and liabilities (1) On the abolition date, all assets, property (including intellectual property) and rights vested in or held by the Corporation immediately before the abolition date vest, by force of this sub-clause, in the State. (2) On the abolition date, all liabilities of the Corporation existing immediately before the abolition date become, by force of this sub-clause, liabilities of the State. (3) On the abolition date, the State is, by force of this sub- clause, substituted as a party to— (a) subject to sub-clause (5), any current agreement, contract, lease or other arrangement; and Sch. 3 -- 65 of 70 -- Victorian Legislation and Parliamentary Documents World Swimming Championships Act 2004 Act No. 95/2004 62 (b) any proceedings pending in any court or tribunal— to which the Corporation or the Board was a party immediately before the abolition date. (4) The operation of sub-clause (3) does not confer on a party (other than the State) to an agreement, contract, lease or other arrangement any right or benefit not existing before the abolition date. (5) Nothing in this clause operates to transfer to the State any current agreement, contract or other arrangement relating to terms or conditions of employment of persons employed under section 24 or 25. 6. Validity of things done under this Schedule Nothing effected or to be effected by this Schedule or done or suffered under this Schedule— (a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or (b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or (d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any asset, right or liability; or (e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or (f) is to be regarded as frustrating any contract; or (g) releases any surety or other obligor wholly or in part from any obligation. ═══════════════ Sch. 3 -- 66 of 70 -- Victorian Legislation and Parliamentary Documents World Swimming Championships Act 2004 Act No. 95/2004 63 ENDNOTES † Minister's second reading speech— Legislative Assembly: 3 November 2004 Legislative Council: 18 November 2004 The long title for the Bill for this Act was "to provide for the staging, conduct and management of the 2007 World Swimming Championships, to establish the 2007 World Swimming Championships Corporation and provide for its powers and functions, to provide for various matters in relation to commercial arrangements, including the use of logos, images and certain references and the authorisation of broadcasting, filming and certain advertising in respect of the 2007 World Swimming Championships, to amend the Borrowing and Investment Powers Act 1987 and for other purposes." Endnotes -- 67 of 70 -- Victorian Legislation and Parliamentary Documents World Swimming Championships Act 2004 Act No. 95/2004 64 INDEX Subject Section Access periods 3, 37 Actcommencement 2 consequential amendments 89 Crown bound by 4 expiry 91, Sch. 3 extraterritorial operation 5 purposes 1 Advertising advertising on boats authorisations 3, 66–68 aerial advertising authorisations 3, 65, 67–68 corrective advertising 73 definitions 69 unauthorised advertising 69–70 unauthorised use of logos, images, references in 77–79, 85–86 Advisory Committees definition 3 establishment 26 functions 28 membership and procedure 26–27, Sch. 2 public consultation 29 reports to Minister 30 Aerial advertising See Advertising Broadcasting authorisations 3, 60–62 broadcasting equipment used in offences compensation for seized equipment 85 definition 3 forfeiture, disposal 86 recovery of seized equipment 85 retention of seized equipment 81, 84 return of seized equipment 82–84 seizure 80 unauthorised broadcasting, recordings 63–64 Championships 3, 31 Championships venues access periods 37 application of other Acts to 42–50 declarations 28, 32, 34 definition 3 unauthorised advertising in 70 works at 46–47 Chief Commissioner of Police 82 Compensation 85 -- 68 of 70 -- Victorian Legislation and Parliamentary Documents World Swimming Championships Act 2004 Act No. 95/2004 65 Subject Section Corporation abolition 91, Sch. 3 Board of Management contraventions of duties 19 duties of members 18 immunity 22 information provided to Minister by 16 loans not to be made to 20 membership and procedure 13–14, Sch. 1 Ministerial directions to 17 no indemnity for members 21 responsibilities 15 borrowing and investment powers 12 chief executive officer 24 committees 23 consultation with, by Minister 24, 38, 78, 79, 86 Crown not represented by 8 definition 3 delegation 11 establishment 7 functions 9 objective of Part 2 6 powers in general 10 staff 25 transfer of assets, liabilities when abolished 91, Sch. 3 See also Advertising; Broadcasting; WSC logos, images, references Damages 74, 76 Definitions 3, 69, 71, 73, 88 Designated access areas access periods 37 application of other Acts to 42–50 declarations 33–34 definition 3 unauthorised advertising in 70 works at 46–47 Event period 3, 36 Facilities 3, 28 FINA 3, 57 Forfeiture 78–79, 86 Injunctions 71–72 Minister orders (general provisions) 35, 38–41 orders regarding access periods 37 Championships titles, events, activities 31 Championships venues 32, 34 designated access areas 33–34 event period 36 -- 69 of 70 -- Victorian Legislation and Parliamentary Documents World Swimming Championships Act 2004 Act No. 95/2004 66 Subject Section powers, duties regarding Advisory Committees 26, 28, 30 consultation with Corporation 38, 78, 79, 86 Corporation 16–17, 19, 24 forfeited goods, advertising material, broadcasting equipment 78–79, 86 Offences by corporations, partnerships 88 conduct suggesting sponsorship 58–59 unauthorised advertising 69 unauthorised broadcasting, recordings 63–64 unauthorised use of logos, images, references 59 Office of Sport and Recreation Victoria 3, 78–79, 81 Police 77–78, 80–81 Regulations 90 Secretary (def.) 3 Seizure broadcasting equipment 80–84 compensation for, recovery of seized items 85 forfeiture, disposal of seized items 78–79, 86 goods, advertising material 77–78 goods seizure period (def.) 3 Sponsorship conduct suggestive of accounts of profits 75–76 actions for damages 74, 76 corrective advertising 73 injunctions 71–72 offences 58–59 sponsorship-like arrangements (def.) 3 Sport of swimming (def.) 3 Swimming Australia 3, 13, 57 Venues See Championships venues Works 3, 46–47 World Swimming Championship See Championships World Swimming Championships Corporation See Corporation WSC logos, images, references application of Part 6 51–53 authorisations to use 54–56 definition 3 goods taken to be marked with 87 unauthorised use of accounts of profits 75–76 actions for damages 74, 76 corrective advertising 73 goods, advertising material 77–79, 85–86 injunctions 71–72 offences 59 use of references not requiring authorisation 57 WSC references See WSC logos, images, references -- 70 of 70 --