Commonwealth Games (Modification of Laws) Act 1982 (Qld)

208 (I u eenstatt.h ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 19 of 1982 An Act to facilitate the holding of the XIIth Commonwealth Games, to modify specified Acts in certain particulars and for related purposes [ASSENTED TO 23RD APRIL, 1982]

Commonwealth Games (Modification of Laws) Act 1982, No. 19 209 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Commonwealth Games (Modification of Laws) Act 1982. 2. Arrangement . This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-MODIFICATION OF LIQUOR ACT; PART 111-MODIFICATION OF TOWN PLANNING SCHEMES; PART IV-MODIFICATION OF ACTS RELATING TO HEALTH; PART V-MISCELLANEOUS. 3. Interpretation . (1) In this Act, unless a contrary intention appears- " Commonwealth Games " or " Games " means the XIIth Commonwealth Games to be staged in Brisbane in 1982; " Commonwealth Games Federation " means the Commonwealth Games Federation consisting of affiliated countries formed to promote and regulate the Commonwealth Games; " Commonwealth Games Foundation " means The XIIth Commonwealth Games (1982) Foundation Limited or any member or representative thereof; " Commonwealth Games Medical Division " means the Common- wealth Games Medical Division, a division of the Commonwealth Games Foundation charged with the organization of medical and other related services of the Commonwealth Games; " Minister " means the Minister of the Crown for the time being charged with the administration of this Act and includes any person for the time being performing the functions of the Minister. (2) For the purposes of this Act any Games period prescribed to terminate on a specified date shall be taken to terminate upon the expiration of that date. PART 11-MODIFICATION OF LIQUOR ACT 4. Interpretation . (1) In this Part- " the Act " means the Liquor Act1912-1981 ; " the Games period for this Part " means the period commencing on 12 September 1982 and terminating on 11 October 1982. (2) Where in this Part any term or expression is used that is not defined in this Part but is defined in the Act, that term or expression shall, unless a contrary intention appears, have the meaning assigned to it by the Act.

210 Commonwealth Games ( Modification of Laws ) Act 1982, No. 19 5. Licensing Commission may modify the Act. (1) Upon the application of a licensee, the Licensing Commission may, by its order- (a) extend the hours between which; and (b) enlarge the period or periods within those hours during which, the licensee is authorized by the Act to keep his licensed premises open for the sale of liquor, to sell or supply liquor on his licensed premises or to permit liquor to be drunk or consumed on his licensed premises. A licensee upon whose application an order referred to in this subsection is made is authorized by that order to keep his licensed premises open for the sale of liquor and to sell and supply liquor and to permit liquor to be drunk or consumed on his licensed premises in accordance with that order during the Games period for this Part or such shorter period as is specified in the order, any provision of the Act notwithstanding. (2) Upon the application of a holder of- a limited hotel license, a club license of a kind specified in section 114 of the Act, a restaurant license, a cabaret license, or a bistro license, the Licensing Commission may, by its order- (a) exempt the holder from the operation of all or any of the provisions of the Act that restrict the persons to whom, the places where or the circumstances in which he is authorized by the Act to sell or supply liquor or permit liquor to be drunk or consumed on his licensed premises or to permit liquor to be drunk or consumed on his licensed premises; and (b) if it thinks fit, impose other restrictions as to those matters specified in paragraph (a). A licensee upon whose application an order referred to in paragraph (a) of this subsection is made is exempt from the operation of the provisions of the Act referred to in the order, being provisions of a description specified in that paragraph, during the Games period for this Part or such shorter period as is specified in the order and if an order referred to in paragraph (b) of this subsection is made, is authorized by that order to sell and supply liquor and to permit liquor to be drunk or consumed on his licensed premises to and by persons and in places and circumstances in accordance with that order during the Games period for this Part or such shorter period as is specified in the order, any provision of the Act notwithstanding. (3) Upon the application of any person the Licensing Commission may grant to the applicant a certificate in such form as the Commission thinks fit that authorizes the applicant to sell and supply liquor and to permit liquor to be drunk or consumed in areas or places that are not licensed premises within the meaning of the Act. The Licensing Commission- (a) may grant a certificate under this subsection subject to such restrictions as it thinks fit as to the hours between which and

Commonwealth Games (Modification of Laws) Act 1982, No. 19 211 periods within those hours during which liquor may be sold or supplied or be permitted to be drunk or consumed, the persons to whom liquor may be sold or supplied or who may be permitted to drink or consume liquor and the conditions on which liquor may be sold or supplied or be permitted to be drunk or consumed pursuant to the certificate; and (b) may, upon the application of a holder of a certificate granted under this subsection vary the certificate in such manner as it thinks fit. Every restriction to which a certificate is subject shall be specified in the certificate furnished to the applicant. The holder of a certificate granted under this subsection is authorized to keep the area or place to which the certificate relates open for the sale of liquor and to sell and supply liquor and to permit liquor to be drunk or consumed therein in accordance with the certificate during the Games period for this Part or such shorter period as is specified in the certificate, any provision of the Act notwithstanding. (4) Where the Licensing Commission makes an order under subsection (1) or (2) or grants a certificate under subsection (3) it may thereby require, as a condition of the order or, as the case may be, certificate, that the licensee upon whose application the order is granted or the holder of the certificate shall comply with one or more of the provisions of the Act as specified in the order or, as the case may be, certificate. (5) An application under subsection (1) and an application under subsection (2) may be considered and determined by the Licensing Commission as one application. PART 11I-MODIFICATION OF TOWN PLANNING SCHEMES 6. Interpretation . In this Part- Area " means the Area of a local authority constituted under the Local Government Act 1936-1981; " car park " means any land, building or other structure used or intended for use for the parking of motor vehicles where such parking is not incidental to, or does not arise out of, some other use of that land, building or other structure; " City " means the area comprised within the City of Brisbane under the City of Brisbane Act1924-1980; " residential purpose " in relation to the use of any land, building or other structure, means a use of that land, building or other structure for the purpose of human habitation; " the Games period for this Part " means the period commencing on 23 September 1982 and terminating on 17 October 1982;

212 Commonwealth Games (Modification of Laws) Act 1982, No. 19 the local authority " means- (a) in relation to the City, Brisbane City Council constituted under the City of Brisbane Act1924-1980; (b) in relation to an Area or part of an Area of a local authority constituted under the Local Government Act 1936-1981, that local authority. 7. Application of this Part. The provisions of this Part apply within the City and within any Area or part of any Area within which they are declared by Order in Council to apply. 8. Modification of certain laws during Games period . (1) For the purpose of the application- (a) within the City, of any provision of- (i) the City of Brisbane Act1924-1980 and any ordinance made thereunder; (ii) the City of Brisbane Town Planning Act 1964-1981 and the Town Plan in force thereunder; or (iii) the Building Act1975-1981; or (b) within any Area or part of any Area within which the provisions of this Part apply, of any provision of- (f) the Local Government Act 1936-1981 and any by-law made thereunder; (ii) any town planning scheme in force under the Local Government Act 1936-1981 ; or (iii) the Building Act1975-1981, which prohibits, regulates or restricts the use of any land, building or other structure for any purpose- (c) there shall be disregarded the extent to which the use of that land, building or other structure for a residential purpose during the Games period for this Part differs or will differ from its use for such a purpose immediately before and immediately after that period; and (d) where the use during the Games period for this Part of any land, building or other structure for the purposes of a car park is permitted pursuant to subsection (2), the use of that land, building or other structure in accordance with that permit shall be deemed to be a lawful use. (2) Upon application by any person the local authority may in writing permit the use of any land, building or other structure during the Gathes period for this Part for the purposes of a car park upon such conditions as it thinks fit and with respect to such an application- (a) where the application relates to any land, building or other structure within the City, the provisions of the City of Brisbane Town Planning Act 1964-1981, and of the Town Plan in force thereunder shall be disregarded; and

Commonwealth Games (Modification of Laws) Act 1982, No. 19 213 (b) where the application relates to any land, building or other structure within any Area or part of any Area within which the provisions of this Part apply, the provisions of any town planning scheme in force under the Local Government Act 1936-1981, shall be disregarded. (3) An application referred to in subsection (2) shall be made to the local authority in the manner determined by it. (4) The local authority may by resolution require that there be paid to it for its own use upon the making of any application referred to in subsection (2) a fee- (a) determined by it by that resolution; or (b) in accordance with a scale of fees determined by it by that resolution. (5) Without limiting its powers to consider an application referred to in subsection (2), the local authority may refuse the permit for which the application has been made if in its opinion the parking of motor vehicles on or in the land, building or other structure to which the application relates would be associated with some event other than the Games. (6) The local authority may by resolution delegate to an officer or servant of the local authority its powers under this section except those powers referred to in subsection (4). (7) The provisions of this section shall not be construed as establishing in respect of any land, building or other structure and in respect of any time subsequent to the Games period of this Part any rights to use such land, building or other structure for a residential purpose or as a car park where such rights did not exist prior to the Games period for this Part. (8) The local authority may, with respect to any land owned or held in trust or controlled by it, permit its own use of that land or any building or other structure erected thereon for the purposes of a car park under this section as if an application in that behalf had been made by it in accordance with this section and any use by the local authority in pursuance of such permit shall be lawful notwithstanding that such use is contrary to or inconsistent with any trust upon which, or the conditions subject to which, the land is held by or under the control of the local authority. PART 1.V-MODIFICATION OF ACTS RELATING TO HEALTH 9. Interpretation . In this Part- " the Games period for this Part " means the period commencing on 10 September 1982 and terminating on 15 October 1982; " the Medical Act " means the Medical Act1939-1981 " the Nursing Act " means the Nursing Act1976-1979; " the PhysiotherapistsAct " means the PhysiotherapistsAct1964-1976.

214 Commonwealth Games (Modification of Laws) Act 1982, No. 19 10. Limited right to practice medicine . (1) Notwithstanding the provisions of the Medical Act it is lawful for a person who- (a) is registered in a State (other than Queensland) or a Territory of the Commonwealth as a person entitled to practice medicine in that State or Territory; or (b) is entitled under the law of a country other than Australia to practice medicine in that country, to practice medicine in Queensland and to hold himself out as qualified to practice medicine or any branch thereof, during the Games period for this Part, without becoming a medical practitioner within the meaning of the Medical Act if- (c) he so practices in respect of or so holds himself out to only the members of the national team to which he is officially appointed to perform duties of a medical nature, within the Commonwealth Games Village or within any Commonwealth Games venue; (d) for the purpose of prescribing medication, he uses only prescription forms provided by the Commonwealth Games Medical Division; and (e) he does not prescribe any substance that is forbidden by the Commonwealth Games Federation. (2) Where in this section a term is used that is not defined in this Part but is defined in the Medical Act that term shall, unless a contrary intention appears, have the meaning assigned to it by that Act. 11. Limited rights concerning nurses. Notwithstanding the provisions of the Nursing Act1976-1979 it is lawful for a person who- (a) is not registered under that Act; and (b) is officially appointed to a national team to perform nursing duties, to take or use, during the Games period for this Part, a name, title, word, initial, symbol or description the taking or use of which would but for this provision be an offence against that Act or to do, during the same period, any other act capable of being understood to indicate that the person is registered under that Act the doing of which would but for this provision be an offence against that Act if the taking, use or doing referred to occurs only within the Commonwealth Games Village or within any Commonwealth Games venue. 12. Limited right to practice physiotherapy . Notwithstanding the provisions of the Physiotherapists Act1964-1976 it is lawful for a person who- (a) is not registered or conditionally registered under that Act; and (b) is officially appointed to a national team to perform duties of a physiotherapeutic nature, during the Games period for this Part, to practice physiotherapy or to take or use the name or title of or hold himself out as being a

Commonwealth Games (Modification of Laws) Act 1982, No. 19 215 physiotherapist, physiotherapeutist, physical therapist, physical therapeutist or electrotherapist or to assume, take or use a name, title, word, initial, symbol or description the assumption, taking or use of which would but for this provision be an offence against that Act if- (c) he so practices in respect of or so holds himself out to only the members of the national team to which he is officially appointed, within the Commonwealth Games Village or within any Commonwealth Games venue; and (d) the taking or use referred to occurs only within the Commonwealth Games Village or within any Commonwealth Games venue. 13. Limited right to practise chiropractic manipulative therapy. Notwithstanding the provisions of the Chiropractic Manipulative TherapistsAct1979 it is lawful for a person who- (a) is not registered or conditionally registered under that Act; and (b) is officially appointed to a national team to perform duties of a chiropractic manipulative therapeutic nature, during the Games period for this Part, to practise chiropractic manipulative therapy or to take or use the name or title of chiropractic manipulative therapist, chiropractor or osteopath or any other name, title, designation, addition or description of whatsoever nature (including initials or letters placed after his name or otherwise) which, having regard to the circumstances in which it is taken or used indicates or could be understood to indicate that he is a chiropractic manipulative therapist or is qualified to practise chiropractic manipulative therapy if- (c) he so practises in respect of only the members of the national team to which he is officially appointed, within the Commonwealth Games Village or within any Commonwealth Games venue; and (d) the taking or use referred to occurs only within the Commonwealth Games Village or within any Commonwealth Games venue. PART V-MISCELLANEOUS 14. Trading by reference to Commonwealth Games prohibited. Save in accordance with the written authority of the Commonwealth Games Foundation, a person wh-o- (a) sells, offers to sell or procures any other person to sell any article which bears the title Xllth Commonwealth Games Brisbane 1982 or any other expression forming part of or derived from that title; or (b) in connexion with trade or commerce, uses the title XIIth Commonwealth Games Brisbane 1982 or any other expression forming part of or derived from that title, is guilty of an offence against this Act and is liable for a first offence to a penalty not exceeding $1 000 and for a second or subsequent offence to a penalty not exceeding $2 000.

216 Commonwealth Games (Modification of Laws) Act 1982, No. 19 15. Offence by body corporate . (1) Where a body corporate commits an offence against this Act, each of the following persons shall be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly- (a) the chairman of directors, managing director or other governing officer by whatever name called and every member of the governing body thereof by whatever name called; and (b) every person in the State who manages or acts or takes part in the management, administration or government of the business in the State of the body corporate. (2) This section applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it. (3) It is a defence to a charge of an offence against this Act brought against a person specified in subsection (1) to prove that the offence was committed without that person's consent or connivance and that he used due diligence to prevent the commission of the offence. 16. Proceedings for offences against this Part . (1) A prosecution for an offence against this Part shall be by way of summary proceeding under the Justices Act1886-1980, upon the complaint of any person authorized by the Minister. (2) In all proceedings for the purposes of this Part any member of the Police Force, although not the informant or complainant may appear and act in court on behalf of the prosecution. 17. Evidentiary provisions . In a proceeding for the purposes of this Part- (a) it shall not be necessary to prove the incorporation of the Commonwealth Games Foundation; (b) the description of the complainant in a complaint as authorized to lay the complaint shall be sufficient evidence of his authority to lay the complaint in the absence of evidence to the contrary.