Major Events Act 2009 (Vic)

Version No. 025

Major Events Act 2009

No. 30 of 2009

Version incorporating amendments as at

7 September 2022

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4Act binds the Crown

5Extraterritorial operation

6Application of Act

Part 2—Orders, declarations and guidelines

Division 1—Major sporting event orders

7Governor in Council may make major sporting event order

8Content of major sporting event order

9Minister to consider certain criteria before making recommendation for major sporting event order

10Major sporting event order—event areas

11Major sporting event order—aerial advertising event

12Major sporting event order—commercial arrangements

13Consultation prior to making major sporting event order

14Major sporting event order that specifies reserved land

Division 2—Acts non-application orders

15Acts non-application order

16Consultation prior to making Acts non-application order

Division 3—No compensation orders

17No compensation order

18No compensation payable

Division 4—General matters relating to orders

19Multiple orders for one event

20Date on which order takes effect

21Describing land in orders

22Orders to be laid before Parliament and certain orders subject to disallowance

23Scope of orders

24Amendment and revocation of orders

Division 5—Major sporting events guidelines

25Major sporting events guidelines

26Failure to comply with major sporting events guidelines

Part 3—Commercial arrangements

Division 1—Application of Part

27Application of commercial arrangements provisions

28Part does not derogate from other rights

29Part does not affect rights relating to use of business or company names

30Part does not affect rights in respect of passing off

Division 2—Authorising use of logos, images and references

31Minister may declare protected event logos or images or protected event references

32Event organiser may authorise use of protected event logos or images or protected event references

33Minister may authorise non-commercial use of protected event logos or images or protected event references

34What can an authorisation contain?

35Register of authorisations

36Use of protected event logos, images and references which do not need authorisation

37Offence to engage in conduct that suggests sponsorship, approval or affiliation

38Offence to use protected event logos or images or protected event references without authorisation

39Meaning of marked with logos or images or references

Division 3—Authorised broadcasting

40Event organiser may authorise broadcasting

41Application for broadcasting authorisation

42What can a broadcasting authorisation contain?

43Offence to broadcast without broadcasting authorisation

44Offence to make recording without broadcasting authorisation

Division 4—Enforcement

45Injunctions

46Power to rescind or vary injunctions

47Power of court to require corrective advertising

48Actions for damages

49Account of profits

50No entitlement to both damages and account of profits

Division 5—Seizure and forfeiture

51Seizure of goods and advertising material during commercial arrangements period

52Seized goods or advertising material to be given to Office of Sport and Recreation Victoria

53Voluntary forfeiture to Crown

54Seizure of broadcasting equipment

55Seized broadcasting equipment to be given to Office of Sport and Recreation Victoria

56Return of broadcasting equipment within 28 days

57Application to Magistrates' Court for return of broadcasting equipment

58Power for event organiser to retain film etc. for up to 6 months

59Recovery of things seized and compensation

60Court may order forfeiture to the Crown

Part 4—Crowd management

Division 1—Application of Part

61Application of crowd management provisions

Division 2—Managing crowd behaviour

62Offence to possess prohibited items

63Offence to possess lit distress signal or fireworks

64Offence to throw lit distress signal or firework

65Offence to possess unlit distress signal or fireworks

66Alcohol in event venues and event areas

67Entry into sporting competition space

67AOffence to deface or damage sporting competition space or structure in that space

68Offence to throw or kick projectiles

69Offence to damage or deface

70Offence to damage flora

71Offence to block stairs, exits or entries

72Offence to climb on fence, barrier or barricade

73Offence to obstruct view of seated person

74Offence to climb roof or parapet of building

74AOffence to enter a venue without a ticket or authority

Division 3—Authorisations

75Venue manager or event organiser may authorise certain activities

76What can an authorisation contain?

77Offence to fail to comply with terms and conditions

78Production of authorisation

Division 4—Dealing with prohibited items

79Powers of venue managers to prohibit other items

80Surrender or confiscation of prohibited items

81Police may retain or otherwise deal with prohibited item for purpose of proceedings

82Storage of surrendered items or confiscated items at event venues

Division 5—Dealing with offenders

83Direction to leave event venue or event area

84Directions to leave—disruptive behaviour etc.

85Refusal to leave event venue or event area and re‑entry

86Repeat offenders

87Ban orders

88Power to require name and address

88ARequirement to produce evidence of name and address

89Refusal to give name and address

90Inspection

90ADisclosure of information

Division 6—Infringements

91Infringement notices, penalties and offences

Part 5—Application of other Acts

92Application of Part

93Planning and Environment Act 1987

94Heritage Act 2017

95Environment Effects Act 1978

96Marine and Coastal Act 2018

97Crown Land (Reserves) Act 1978 and Land Act 1958

98Building Act 1993

99Limitation on powers to make local laws

100Noise and light

Part 6—General operational arrangements

Division 1—Application of Part

101Application

Division 2—Access control by event organiser

102Event organiser to manage event venues and event areas during operational arrangements period

Division 3—Removal of offenders by police

103Power to remove offenders

104Interference with activities

Division 4—Vehicle and vessel access and removal

105Vehicles and vessels in event venue or event area

106Parking or leaving vehicles or mooring or anchoring vessels in an event venue or event area

107Removal of vehicles or vessels obstructing event venue or event area

Division 5—Road closures and road modifications

108Definition of traffic

109Temporary closure of roads

110Temporary modification of roads

111Duration of powers

112Deemed permit under section 99B of Road Safety Act 1986

113Road Safety Act 1986 not to apply

Division 6—Restoration of areas

114Event venues and event areas to be restored to reasonable condition

Part 7—Advertising other than aerial advertising

115Application

116Prohibition of unauthorised advertising

117Offence to display unauthorised advertising on vessels

118Event organiser may authorise advertising on vessels

119Application for advertising on vessels authorisation

120What can an advertising on vessels authorisation contain?

121Injunctions to restrain conduct

122Power to rescind or vary injunctions

123Action for damages

Part 8—Aerial advertising

Division 1—Application

124Application of aerial advertising provisions

Division 2—Aerial advertising

125Offence to display unauthorised aerial advertising

126Application for aerial advertising authorisation

127Secretary may authorise aerial advertising

128Notification of aerial advertising authorisations

129Content of aerial advertising authorisation

130Delegation under this Division by Secretary

Division 3—Remedies

131Injunctions to restrain conduct

132Power to rescind or vary injunctions

133Action for damages

Division 4—Aerial advertising inspection powers

134Search warrant

135Announcement before entry

136Copy of warrant to be given to occupier

137Seizure of things not mentioned in the warrant

138Receipt must be given for any thing seized

139Copies of certain seized things to be given

140Use of equipment to examine or process things

141Use or seizure of electronic equipment at premises

142Return of seized things

143Court may extend period

145False or misleading information

146Protection against self-incrimination

147Entry to be reported to the Secretary

148Register of exercise of powers of entry

149Complaints

150Disclosure of information

Part 9—Sports event ticketing

Division 1—Sports ticketing event declarations

151Notice of intention to make a sports ticketing event declaration

152Sports ticketing event declaration

153Minister may revoke sports ticketing event declaration

Division 2—Approval of ticket schemes

154Requirement to lodge a ticket scheme proposal for sports ticketing event

155Further details and extensions

156Replacement ticket scheme proposal

157Decision to approve a ticket scheme

158Ticket scheme proposal for an event that has not been declared

159Replacement proposal if declaration applies to the event generally

160Authorisations to sell or distribute tickets

160ARegister of authorised ticket package sellers

160BCopy of register of authorised ticket package sellers to be provided to Minister

160CInformation to be included in advertising of tickets as part of a ticket package

161Variation of approved ticket scheme

162Cancellation of approval of ticket scheme

163Ticketing guidelines

Division 3—Offences

164Holding event before there is an approved ticket scheme

165Failing to comply with an approved ticket scheme

166Selling event tickets contrary to the ticket conditions

166ASale of 5 or less tickets at a premium (scalping)

166BAdvertising for resale of 5 or less tickets at a premium

166CUnauthorised sale of tickets as part of a ticket package

166DAdvertising unauthorised sale of tickets as part of a ticket package

166EFalsely claiming to be authorised to sell tickets as part of a ticket package

166FMandatory advertising requirements for resale of tickets

166GFailing to provide accurate information in advertising tickets for resale

167Who can commence proceedings for offences?

167AInfringement notices, penalties and offences for this Part

167BSeizure of tickets

167CTemporary surrender of tickets by purchaser for evidentiary purposes

167DRetention of tickets seized from scalper for purpose of proceedings

167EApplication by scalper to Magistrates' Court for return of tickets

167FForfeiture to the Crown

Division 4—Other matters

168VCAT review of certain decisions

169Delegation by Secretary

Division 5—Enforcement of this Part

170Entry or search of premises with consent or with a warrant

171Announcement before entry

174Copies of seized documents

175Return of seized documents or things

176Protection against self-incrimination

177Offence of giving false or misleading information

178Entry to be reported to Secretary

179Complaints about exercise of powers

180Service and sending of documents under this Part

181Confidentiality

182Requirement to publish or produce information

Part 9A—Major event ticketing

182ANotice of intention to make a major event ticketing declaration

182BRequest for a major event ticketing declaration

182CMajor event ticketing declaration

182DMinister may revoke major event ticketing declaration

182EPrice to be displayed on tickets

182FTicket scalping (6 or more tickets)

182GTicket scalping (5 or less tickets)

182GA Register of authorised ticket package sellers

182GBCopy of register of authorised ticket package sellers to be provided to Minister

182GCInformation to be included in advertising of tickets as part of a ticket package

182GDUnauthorised sale of tickets as part of a ticket package

182GEAdvertising unauthorised sale of tickets as part of a ticket package

182GFFalsely claiming to be authorised to sell tickets as part of a ticket package

182GGMandatory advertising requirements for resale of tickets

182GHFailing to provide accurate information in advertising tickets for resale

182HWho can commence proceedings for offences against this Part?

182IInfringement notices, penalties and offences for this Part

182JSeizure of tickets

182KTemporary surrender of tickets by purchaser for evidentiary purposes

182LRetention of tickets seized from scalper for purpose of proceedings

182MApplication by scalper to Magistrates' Court for return of tickets

182NForfeiture to the Crown

182OVCAT review of certain decisions

Part 10—Authorised officers and authorised ticketing officers

183Appointment of authorised officers

183AAppointment of authorised ticketing officers

184Identification of authorised officers and authorised ticketing officers

185Offence to hinder or obstruct authorised officer or authorised ticketing officer

186Offence to impersonate authorised officer or authorised ticketing officer

186APower of authorised ticketing officer to require name and address

186BRequirement to produce evidence of name and address to authorised ticketing officer

186CRefusal to give name and address to authorised ticketing officer

186DDisclosure of information by authorised ticketing officer

187Delegation by Secretary

Part 11—Enforcement

188Who can bring proceedings for offences?

189Offences by bodies corporate

190Conduct by officers, employees or agents

191Actions by firms and unincorporated association

Part 12—Miscellaneous

192Interaction with Australian Grands Prix Act 1994

193Service of documents

194Regulations

Part 13—Consequential and other amendments, transitional provisions and repeals

Division 2—Repeals and transitional provisions

200Repeal of Acts

201Interpretation of Legislation Act 1984

202Major Events (Crowd Management) Act 2003—transitional provisions

203Major Events (Aerial Advertising) Act 2007—transitional provisions for specified events

204Sports Event Ticketing (Fair Access) Act 2002—transitional provisions

205Authorised officers

205AMajor Sporting Events Amendment Act 2013—transitional provisions

205BMajor Events Legislation Amendment (Ticket Scalping and Other Matters) Act 2018—transitional provision

205CMajor Events Legislation Amendment (Unauthorised Ticket Packages and Other Matters) Act 2022—transitional provision

205DMajor Events Legislation Amendment (Unauthorised Ticket Packages and Other Matters) Act 2022—grace period

206Regulations dealing with transitional matters

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 025

Major Events Act 2009

No. 30 of 2009

Version incorporating amendments as at

7 September 2022

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to re-enact with amendments and to consolidate into one Act the law relating to major sporting events and to venues for events;

(ab)to provide for controlling the secondary ticket market for major sporting and cultural events;

(b)to repeal the Major Events (Aerial Advertising) Act 2007, the Major Events (Crowd Management) Act 2003 and the Sports Event Ticketing (Fair Access) Act 2002 and consequentially amend other Acts.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Definitions

(1)In this Act—

ABN has the same meaning as it has in the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;

ACN has the same meaning as it has in section 9 of the Corporations Act;

Acts non-application order means an order made under section 15;

advertising means any form of communication (including selling or giving away any goods or services) made to the public or a section of the public in relation to any—

(a)goods or services;

(b)brand of goods or services;

(c)person who provides goods or services—

and includes—

(d)a banner or other sign towed by or attached to a vessel;

(e)matter displayed on a vessel, other than its normal markings and livery;

(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 that is not aerial;

advertising limitation period in relation to a major sporting event to which Part 7 applies means—

(a)the period—

(i)starting 7 days before the major sporting event starts; and

(ii)ending 2 days after the major sporting event ends; or

(b)if a different period is specified in a major sporting event order, a period specified in that order to be an advertising limitation period for that major sporting event;

advertising on vessels authorisation means an authorisation given by an event organiser under section 118;

aerial advertising includes—

(a)skywriting or sign writing by an aircraft;

(b)a banner or other sign towed by or attached to an aircraft;

(c)matter displayed on an aircraft, other than its normal markings and livery identifying the operator of that aircraft or the manufacturer of that aircraft;

(d)matter displayed on—

(i)a hang glider, parachute, paraglider or similar device, other than its normal markings; or

(ii)a banner or sign attached to a hang glider, parachute, paraglider or similar device;

(e)a banner or sign attached to a person suspended from a hang glider, parachute, paraglider or similar device;

(f)any laser or digital projection of advertising;

aerial advertising authorisation means an authorisation given under section 127(1);

aerial advertising event means—

(a)the Boxing Day cricket test;

(ab)any One Day International cricket match held at the MCG;

(ac)any Twenty20 international cricket match held at the MCG;

(b)the Australian Open Tennis Championships;

(c)the Australian Formula One Grand Prix;

(d)the Australian Motorcycle Grand Prix;

(e)the AFL Grand Final;

(f)a match in the AFL Finals Series;

(fa)the Australian Football League match played at the MCG on ANZAC Day;

(g)Caulfield Cup Day;

(h)Cox Plate Day;

(i)the Melbourne Cup Carnival;

(j)an event specified in a major sporting event order as an aerial advertising event;

(k)if an event referred to in paragraphs (a) to (j) is to be replayed or rescheduled for any reason, that replayed event or that rescheduled event;

aerial advertising limitation time means—

(a)in relation to the Boxing Day cricket test, from 9.00 a.m. until 7.00 p.m. on each day of that event;

(ab)in relation to any One Day International cricket match held at the MCG from 12 noon until 11 p.m. on the day of that event;

(ac)in relation to any Twenty20 international cricket match held at the MCG from 2 p.m. until 11 p.m. on the day of that event;

(b)in relation to the Australian Open Tennis Championships, from 9.00 a.m. until midnight on each day of that event;

(c)in relation to the Australian Formula One Grand Prix, from the later of—

(i)the opening time fixed by regulations made under the Australian Grands Prix Act 1994; or

(ii)9.00 a.m.—

on each day of that event until the closing time fixed by regulations made under that Act;

(d)in relation to the Australian Motorcycle Grand Prix, from 9.00 a.m. until 7.00 p.m. on each day of that event;

(e)in relation to the AFL Grand Final, from 9.00 a.m. until 7.00 p.m. on the day of that event;

(f)in relation to a match in the AFL Finals Series, from 4 hours before the advertised starting time of the match until 2 hours after the actual end of the match on the day of that match;

(fa)in relation to an Australian Football League match played at the MCG on ANZAC Day, from 9 a.m. until 7 p.m.;

(g)in relation to Caulfield Cup Day, from 2 hours before the advertised starting time of the first race until 2 hours after the actual starting time of the last race on the day of that event;

(h)in relation to Cox Plate Day, from 2 hours before the advertised starting time of the first race until 2 hours after the actual starting time of the last race on the day of that event;

(i)in relation to the Melbourne Cup Carnival, from 2 hours before the advertised starting time of the first race until 2 hours after the actual starting time of the last race on each day of that event;

(j)in relation to an event specified in a major sporting event order as an aerial advertising event, the aerial advertising limitation time specified in that order;

aerial advertising venue means—

(a)in relation to the Boxing Day cricket test, the MCG;

(ab)in relation to any One Day International cricket match held at the MCG, the MCG;

(ac)in relation to any Twenty20 international cricket match held at the MCG, the MCG;

(b)in relation to the Australian Open Tennis Championships, Melbourne Park;

(c)in relation to the Australian Formula One Grand Prix, the area declared by notice under section 27 of the Australian Grands Prix Act 1994 in respect of the year specified in that notice;

(d)in relation to the Australian Motorcycle Grand Prix, the Phillip Island Grand Prix Circuit;

(e)in relation to the AFL Grand Final, the MCG;

(f)in relation to a match in the AFL Finals Series, the MCG or Docklands Stadium, as the case requires;

(fa)in relation to the Australian Football League match played at the MCG on ANZAC Day, the MCG;

(g)in relation to Caulfield Cup Day, the Caulfield Racecourse;

(h)in relation to Cox Plate Day, the Moonee Valley Racecourse;

(i)in relation to the Melbourne Cup Carnival, the Flemington Racecourse;

(j)in relation to an event specified in a major sporting event order as an aerial advertising event, the venue specified in that order as an aerial advertising venue for that event;

AFL Finals Series means any matches played between the end of the home and away rounds of the AFL Premiership season and the AFL Grand Final to determine the participants in the AFL Grand Final and held at the MCG or Docklands Stadium, including any Qualifying Finals, Semi-Finals and Preliminary Finals;

AFL Grand Final means the Australian Football League Grand Final;

aircraft includes an airship, a blimp, a hot-air balloon, a helicopter or an ultra-light aircraft;

Albert Park has the same meaning as it has in section 3 of the Australian Grands Prix Act 1994;

ANZAC Day has the meaning given in section 3 of the ANZAC Day Act 1958;

approved ticket scheme for a sports ticketing event means a ticket scheme for the event that is currently approved by the Minister under section 157;

Australian Formula One Grand Prix has the same meaning as "Formula One event" has in the Australian Grands Prix Act 1994;

Australian Grand Prix Corporation means the Australian Grand Prix Corporation established by the Australian Grands Prix Act 1994;

Australian Motorcycle Grand Prix has the same meaning as "Australian Motorcycle Grand Prix event" has in the Australian Grands Prix Act 1994;

Australian Open Tennis Championships means the Grand Slam tennis championships conducted annually by Tennis Australia in Melbourne;

authorised applicant, in Division 4 of Part 3, means—

(a)the event organiser of an event to which Part 3 applies;

(b)any person authorised by Part 3 or any other law to use protected event logos or images or protected event references in relation to an event to which Part 3 applies;

(c)the holder of a broadcasting authorisation;

authorised officer means a person appointed as an authorised officer under section 183 and, in Part 4, includes a police officer;

authorised ticketing officer means a person appointed as an authorised ticketing officer under section 183A;

authorised ticket package seller means—

(a)in relation to a sports ticketing event, a person authorised in writing by the sports event organiser to sell or distribute tickets for the sports ticketing event in a ticket package; or

(b)in relation to a ticketed event to which a major event ticketing declaration applies, a person authorised in writing by the ticketed event organiser to sell or distribute tickets to the ticketed event in a ticket package;

ban order means an order imposed by a court under section 87;

*                *                *                *                *

Boxing Day cricket test means the cricket test match held at the MCG commencing on 26 December in each year;

broadcasting authorisation means an authorisation under section 40;

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;

Caulfield Cup Day means the third Saturday before Melbourne Cup Day;

Caulfield Guineas Day means the fourth Saturday before Melbourne Cup Day;

Caulfield Racecourse means the land described in item 2 of Schedule 2 to the Racing Act 1958;

commercial arrangements period in relation to a major sporting event to which Part 3 applies means—

(a)the period—

(i)starting 3 months before the major sporting event starts; and

(ii)ending one month after the major sporting event ends; or

(b)if a different period is specified in a major sporting event order, a period specified in that order to be a commercial arrangements period for that major sporting event;

Cox Plate Day means the second Saturday before Melbourne Cup Day;

crowd management period in relation to a major sporting event to which Part 4 applies means—

(a)the period—

(i)starting 7 days before the major sporting event starts; and

(ii)ending 2 days after the major sporting event ends; or

(b)if a different period is specified in a major sporting event order, a period specified in that order to be a crowd management period for that major sporting event;

dangerous goods has the same meaning as in section 3(1) of the Dangerous Goods Act 1985;

Department means the Department of Planning and Community Development;

distress signal means a pyrotechnic device intended for signalling, warning, rescue or similar purposes, and includes marine flares and signals, landing flares, highway fusees, line-carrying rockets, anti-hail rockets, cloud rockets, avalanche rockets and smoke generators;

Docklands Stadium means the stadium in the area bounded by La Trobe Street, Wurundjeri Way, Bourke Street and Harbour Esplanade in the docklands area within the meaning of the Docklands Act 1991;

Docklands Stadium concourse means—

(a)the land shown hatched on the plan LEGL./11-080 kept in the Central Plan Office other than the part of that land comprising Docklands Stadium; and

(b)any other land or stratum of land to which an order under subsection (3) applies;

event area means an area of land that is specified in a major sporting event order to be an event area for the purposes of a major sporting event;

event organiser, other than in Part 9 or 9A, means—

(a)in relation to the Boxing Day cricket test, Cricket Australia ABN 53 006 089 130;

(b)in relation to the Australian Open Tennis Championships, Tennis Australia ABN 61 006 281 125;

(c)in relation to the Australian Formula One Grand Prix, the Australian Grand Prix Corporation;

(d)in relation to the Australian Motorcycle Grand Prix, the Australian Grand Prix Corporation;

(e)in relation to the AFL Finals Series and the AFL Grand Final, the Australian Football League ABN 97 489 912 318;

(f)in relation to Caulfield Cup Day, the Melbourne Racing Club ABN 96 267 203 634;

(g)in relation to Cox Plate Day, the Moonee Valley Racing Club ABN 45 806 588 917;

(h)in relation to the Melbourne Cup Carnival, the Victoria Racing Club Limited ACN 119 214 078;

(i)a person specified as the event organiser for a major sporting event in a major sporting event order;

event venue means—

(a)the MCG;

(b)Phillip Island Grand Prix circuit;

(c)the Docklands Stadium, and, in accordance with section 61(3A), the Docklands Stadium concourse;

(d)the Melbourne Sports and Aquatic Centre land;

(e)the State Netball and Hockey Centre land;

(f)national tennis centre land;

(g)Olympic Park land;

(h)the Lakeside Stadium;

(ha)the Caulfield Racecourse on any of the following—

(i)Caulfield Cup Day;

(ii)Caulfield Guineas Day;

(iii)Thousand Guineas Day;

(hb)the Flemington Racecourse on a day that a race meeting of the Melbourne Cup Carnival takes place;

(hc)the Moonee Valley Racecourse on Cox Plate Day;

(hd)the Kardinia Park Trust Land;

(i)any venue specified as an event venue in a major sporting event order;

(j)an area of land that is specified as an event venue in a major sporting event order;

Note

The definition of land in section 38 of the Interpretation of Legislation Act 1984 includes land covered by water.

face value price means the price of a ticket that is set or agreed to by the sports event organiser or ticketed event organiser at the time that the ticket is first sold, excluding the cost of any commission, booking fee, administration fee, surcharge or other cost incurred in connection with the sale or distribution of the ticket;

facilities includes demountable or temporary pools, grandstands, media facilities, spectator facilities, competitor facilities and commercial, franchise or entertainment facilities, broadcasting facilities, timing facilities and other facilities for the operation or conduct of an event;

firmmeans a partnership or other unincorporated body but does not include a trust;

Flemington Racecourse means the land described in item 4 of Schedule 2 to the Racing Act 1958;

football includes soccer;

Kardinia Park Trust Land has the same meaning as in the Kardinia Park Stadium Act 2016;

Lakeside Oval Reserve land has the same meaning as in the State Sport Centres Act 1994;

Lakeside Stadium means the area shown hatched on the plan LEGL./11-036 kept in the Central Plan Office;

laser pointer means a hand-held article designed or adapted to emit laser beams;

major event ticketing declaration means a declaration made under section 182C;

major sporting event means—

(a)the Australian Open Tennis Championships;

(b)any Australian Football League match held at the MCG, Docklands Stadium or the Kardinia Park Trust Land;

(c)any international or interstate cricket match held at the MCG, Docklands Stadium or the Kardinia Park Trust Land;

(d)any international, national or state league football match held at an event venue;

(da)any Melbourne Cup Carnival race meeting held at the Flemington Racecourse;

(db)any Caulfield Cup Day race meeting held at the Caulfield Racecourse;

(dc)any Caulfield Guineas Day race meeting held at the Caulfield Racecourse;

(dd)any Thousand Guineas Day race meeting held at the Caulfield Racecourse;

(de)any Cox Plate Day race meeting held at the Moonee Valley Racecourse;

(e)any event specified in a major sporting event order as a major sporting event—

and includes any opening ceremony or closing ceremony, parade or similar activity or event connected with the major sporting event and specified in a major sporting event order applying to the major sporting event;

major sporting event order means an order made under section 7;

major sporting events guidelines means the guidelines issued by the Minister under section 25;

MCG has the same meaning as Ground has in the Melbourne Cricket Ground Act 2009;

Melbourne Cup Carnival means the event that consists of the following race meetings—

(a)Victoria Derby Day;

(b)Melbourne Cup Day;

(c)Oaks Day;

(d)Stakes Day;

Melbourne Cup Day means the first Tuesday in November;

Melbourne Park has the same meaning as it has in the Melbourne and Olympic Parks Act 1985;

Melbourne Sports and Aquatic Centre landhas the same meaning as in the StateSport Centres Act 1994;

Moonee Valley Racecourse means the land described in item 7 of Schedule 2 to the Racing Act 1958;

national tennis centre land has the same meaning as in the Melbourne and Olympic Parks Act 1985;

no compensation order means an order made under section 17;

Oaks Day means the first Thursday after Melbourne Cup Day;

Office of Sport and Recreation Victoria means staff of the Department of Planning and Community Development engaged in the administration of this Act;

Olympic Park land has the same meaning as in the Melbourne and Olympic Parks Act 1985;

operational arrangements period in relation to a major sporting event to which Part 6 applies means—

(a)the period—

(i)starting 3 months before the major sporting event starts; and

(ii)ending one month after the major sporting event ends; or

(b)if a different period is specified in a major sporting event order, a period specified in that order to be an operational arrangements period for that major sporting event;

person includes an unincorporated association and a firm;

Note

See also section 38 of the Interpretation of Legislation Act 1984.

PhillipIsland Grand Prix circuit has the same meaning as it has in the Australian Grands Prix Act 1994;

police officer has the same meaning as in the Victoria Police Act 2013;

prohibited item means—

(a)an animal, other than—

(i)if a person is blind, deaf or otherwise suffering a disability, a guide dog used by that person or to assist that person; or

(ii)a police dog or a police horse; or

(iii)an animal competing or participating in a major sporting event;

(b)a laser pointer;

(c)a distress signal;

(d)dangerous goods;

(e)a prohibited weapon within the meaning of the Control of Weapons Act 1990;

(f)a controlled weapon within the meaning of the Control of Weapons Act 1990, the possession of which would constitute an offence under that Act;

(g)a firearm within the meaning of the Firearms Act 1996;

(h)a bicycle (other than a police bicycle or a bicycle for use in competing or participating in a major sporting event), scooter, skateboard, roller skates or roller blades;

(i)a firework;

(j)a horn or bugle;

(k)a whistle or loud hailer;

*                *                *                *                *

(m)any items which are in such a quantity that a reasonable person could infer that those items are to be used for commercial purposes;

(n)a public address system, electronic equipment, broadcast equipment or similar device which may interfere with broadcast equipment or similar devices being used by the event organiser or a person authorised by the event organiser or otherwise under this Act to use such equipment or devices;

protected event logo or image means any logo, image, mascot, emblem or other design which is prescribed to be a protected event logo or image or declared under section 31 to be a protected event logo or image or any part of such logo, image, mascot, emblem or other design;

protected event reference means any words, expression or figures that are prescribed to be protected event references or declared under section 31 to be protected event references, including any combination of those references, whether with or without other words, expression or figures;

register of authorised ticket package sellers means the register required to be kept under section 160A or section 182GA;

seating allocation means the location from which a person is authorised to view or experience an event and includes—

(a)any seat number, letter or other identifier; and

(b)any number, letter or other identifier that describes the row, level, bay, stall or area in which a seat is located (however described); and

(c)if the ticket provides for a general seating allocation, any number, letter or other identifier that describes the area within which a person is authorised to view the event, including whether the ticket is for general or limited admission; and

(d)if the ticket provides for a standing allocation, any number, letter or other identifier that describes the area within which a person is authorised to view the event, including whether the ticket is for general or limited admission;

Secretary means the person who for the time being is the Department Head under the Public Administration Act 2004 of the Department of Planning and Community Development;

sponsorship-like arrangement, in Part 3, means—

(a)a right to associate a person or a person's goods or services with—

(i)a major sporting event to which that Part applies; or

(ii)the event organiser of a major sporting event to which that Part applies; or

(iii)any event or activity associated with a major sporting event to which that Part applies;

(b)an affiliation or association (whether commercial or non-commercial) with—

(i)a major sporting event to which that Part applies; or

(ii)the event organiser of a major sporting event to which that Part applies; or

(iii)any event or activity associated with a major sporting event to which that Part applies;

sporting competition space includes, but is not limited to—

(a)a playing field;

(b)a track;

(c)an arena;

(d)a court or a rink;

(e)a swimming pool or diving pool;

(f)a road which is being used for a major sporting event;

(g)an area of open water which is being used for a major sporting event;

(h)any area delineated as sporting competition space for a major sporting event;

(i)any area for the official use of participants in, or persons officiating at, a match, game, sport or an event;

sports event means—

(a)a type of match, game or other event; or

(b)a series of matches, games or other events; or

(c)a tournament—

involving the playing of sport (whether or not for competition) at a ground or other place (whether indoors or outdoors) to which persons are admitted on payment of a fee or charge, or after making a donation, to view the playing of the sport or to enter or remain at the ground or place and, in the case of a sports event that consists of a series of matches, games or other events or a tournament, includes any opening or closing ceremonies connected with the series or tournament;

sports event organiser, in Part 9, means a person—

(a)who is responsible (whether fully or substantially) for—

(i)the organisation and holding of a sports event; and

(ii)the receipt of revenue from the sports event; or

(b)to whom an order under subsection (2) applies;

sports ticketing event means—

(a)a sports event to which a sports ticketing event declaration applies; and

(b)if an event referred to in paragraph (a) is to be replayed or rescheduled for any reason, includes the replaying of the event or the rescheduled event;

sports ticketing event declaration means a declaration made under section 152;

Stakes Day means the first Saturday after Melbourne Cup Day;

State Netball and Hockey Centre land has the same meaning as in the State Sport Centres Act 1994;

swimming pool includes an area designated for use for open-water swimming;

Thousand Guineas Day means the third Wednesday before Melbourne Cup Day;

ticket package, in Part 9 or 9A, means the sale or distribution of tickets for a sports ticketing event or a ticketed event to which a major event ticketing declaration applies that is contingent on the supply of other goods or services;

ticket scheme for a sports ticketing event or a sports event means a scheme concerning the sale and distribution of tickets to the event;

ticket scheme proposal for a sports ticketing event or a sports event means a proposal by the sports event organiser that sets out details of the ticket scheme for the event;

ticketed event means—

(a)an event, or a series of events, to which persons are admitted on payment of a fee or charge, or after making a donation, to view the event or enter the place of that event and includes theatre productions, concerts, gallery exhibitions and festivals; or

(b)a sports event;

ticketed event organiser, in Part 9A, means a person—

(a)who is responsible (whether fully or substantially) for—

(i)the organisation and holding of a ticketed event; and

(ii)the receipt of revenue from the ticketed event; or

(b)to whom an order under subsection (2A) applies;

ticketing guidelines means the guidelines issued by the Minister under section 163;

vehicle has the same meaning as it has in section 3(1) of the Road Safety Act 1986;

venue manager means the person who is responsible (whether fully or substantially) for—

(a)the organisation and use of the venue; or

(b)the receipt of revenue from the venue;

vessel has the same meaning as it has in section 3(1) of the Marine Safety Act 2010;

Victoria Derby Day means the first Saturday before Melbourne Cup Day;

works includes—

(a)installation of services or facilities;

(b)construction and removal of temporary demountable structures or facilities;

(c)relocation of buildings, structures or facilities.

(2)For the purposes of the definition of sports event organiser, the Minister, by order published in the Government Gazette, may declare a person to be a sports event organiser if the Minister is of the opinion that, for a particular sports event, the person is responsible (whether fully or substantially) for—

(a)the organisation and holding of the sports event; and

(b)the receipt of revenue from the sports event.

(2A)For the purposes of the definition of ticketed event organiser, the Minister, by order published in the Government Gazette, may declare a person to be a ticketed event organiser if the Minister is of the opinion that, for a particular ticketed event, the person is responsible (whether fully or substantially) for—

(a)the organisation and holding of the ticketed event; and

(b)the receipt of revenue from the ticketed event.

(3)The Governor in Council, by Order published in the Government Gazette, may declare land or a stratum of land to be included as part of the Docklands Stadium concourse for the purposes of this Act for a specified period.

(4)An Order under subsection (3) must include a plan or a reference to a lodged plan kept in the Central Plan Office of the land or stratum of land to which the Order applies.

(5)An Order under subsection (3) must not apply to land or a stratum of land unless—

(a)it is in the area bounded by La Trobe Street, Wurundjeri Way, Bourke Street and Harbour Esplanade in the docklands area within the meaning of the Docklands Act 1991, excluding any footpaths running along those roads; and

(b)it is in an area accessible to the public.

4Act binds the Crown

This Act binds the Crown, not only in right of Victoria, but also, as far as the legislative power of the Parliament permits, the Crown in all its other capacities.

5Extraterritorial operation

It is the intention of the Parliament that, as far as the legislative power of the Parliament permits, the operation of this Act includes operation in relation to acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia.

6Application of Act

If any Part or provision of this Act applies to a major sporting event or an event venue or event area, Part 1, Part 2, Part 10, Part 11, Part 12 and Part 13 also apply to the extent necessary for the effective operation of the relevant Part or provision.

Part 2—Orders, declarations and guidelines

Division 1—Major sporting event orders

7Governor in Council may make major sporting event order

(1)Subject to this Part, on the recommendation of the Minister, the Governor in Council may make an order that an event is a major sporting event for the purposes of this Act.

(2)A major sporting event order must be published in the Government Gazette.

8Content of major sporting event order

(1)A major sporting event order must specify—

(a)the event which is the major sporting event; and

(b)the venue which is the event venue for that major sporting event.

(2)In addition, a major sporting event order may specify—

(a)a person to be an event organiser for the major sporting event;

(b)an area of land to be an event area for the event venue or the major sporting event;

(c)an event to be an aerial advertising event;

(d)the period or periods during which the event is to be conducted;

(e)if Part 4 applies, the crowd management period or crowd management periods, as the case requires, if the period is or periods are different to the period in paragraph (a) of the definition of crowd management period;

(f)if Part 6 applies, the operational arrangements period or operational arrangements periods, as the case requires, if the period is or periods are different to the period in paragraph (a) of the definition of operational arrangements period;

(g)if Part 7 applies, the advertising limitation period or advertising limitation periods, as the case requires, if the period is or periods are different to the period in paragraph (a) of the definition of advertising limitation period;

Note

See section 12 for commercial arrangements periods.

(h)a period of time or specified dates during which the order applies or does not apply;

(i)the specified Parts or provisions of the Act which apply, or do not apply, in relation to the major sporting event specified in the order;

(j)the specified Parts or provisions of the Act which apply, or do not apply, in relation to any person, venue or period of time specified in the order;

(k)that police officers are to exercise enforcement powers under Part 3, Part 6, Part 7 or Part 8 in relation to an event, venue or period of time specified in the order;

(l)any opening ceremony or closing ceremony, parade or similar activity or event connected with the major sporting event to be part of the major sporting event; or

(m)any combination of the matters referred to in paragraphs (a) to (l).

9Minister to consider certain criteria before making recommendation for major sporting event order

(1)Before recommending to the Governor in Council that a major sporting event order be made, the Minister must be of the opinion that—

(a)it is in the public interest to make the order; and

(b)the event in respect of which the order is to be made is a major event at an international, national or State level.

(2)In addition to the matters specified in subsection (1), in determining whether to recommend the making of a major sporting event order and the scope of that order, the Minister is to have regard to the following—

(a)the size of the event;

(b)the likely number of spectators for the event;

(c)the likely media coverage of the event;

(d)the projected economic impact of the event;

(e)the contribution to Victoria's international profile as a host of major events;

(f)the commercial arrangements for the event;

(g)the event management experience and expertise of the event organiser;

(h)the factors affecting the operational organisation of the event, including measures taken or to be taken by the event organiser in relation to the planning of the event such as—

(i)preparation of traffic and transport management plans;

(ii)emergency management plans;

(iii)security plans and consultation with police and emergency services;

(i)the views of municipal councils directly affected by the event in relation to the arrangements made or to be made for the event;

(j)the consultation and agreements between the event organiser and affected municipal councils in relation to the event, including any agreements about the restoration of event venues and event areas.

(3)In addition to the matters specified in subsection (1), the Minister must be of the opinion that the proposed event venue—

(a)hosts, or is suitable to host, international, national or state level events; and

(b)has, or will have for the purposes of the event, the capacity to be set up for major sporting events either permanently or temporarily; and

(c)has, or will have for the purposes of the event, clear entry and exit points; and

(d)has, or will have for the purposes of the event, clear boundaries delineating the sporting competition space.

10Major sporting event order—event areas

(1)In the case of a major sporting event order which specifies an area of land to be an event area, the Minister must be of the opinion that the land is—

(a)adjacent to an event venue; or

(b)required for the establishment or management of an event venue for a major sporting event; or

(c)required for the establishment, conduct or management of a major sporting event; or

(d)required for purposes ancillary to, or in connection with, the conduct or management of the major sporting event or any activity forming part of the event.

(2)If a major sporting event order specifies an area of land to be an event area, the event organiser for the major sporting event, the venue manager of the event venue or the manager of an event area for that event, as the case requires—

(a)must identify the event area by causing signs or notices to be erected on or in close proximity to the area stating that the area is an event area; and

(b)may—

(i)demarcate an event area by the use of fencing, barriers or other permanent or temporary means of physical demarcation; and

(ii)erect signs or cause signs to be erected on or in close proximity to the area stating the restrictions or conditions (if any) which apply in relation to that event area.

(3)Subsection (2) does not limit the power of an event organiser, a venue manager or a manager of an event area to delineate an event area by means in addition to signs, notices, fencing or barriers.

11Major sporting event order—aerial advertising event

(1)In the case of a major sporting event order which specifies an event as an aerial advertising event, the Minister—

(a)must be satisfied that—

(i)the event is a major event at the international or national level; and

(ii)unauthorised aerial advertising would be likely to adversely affect—

(A)the commercial arrangements of the event; or

(B)the operations of the event; and

(b)must have regard to—

(i)the size of the event; and

(ii)the likely media coverage of the event; and

(iii)the projected economic impact of the event; and

(iv)the contribution to Victoria's international profile as a host of major events.

(2)In addition to the matters set out in section 8, a major sporting event order which specifies an event as an aerial advertising event must specify—

(a)the aerial advertising venue for the event; and

(b)the aerial advertising limitation time in respect of each day of the event.

12Major sporting event order—commercial arrangements

(1)In the case of a major sporting event order which specifies that Part 3 applies to a major sporting event, the Minister—

(a)must be satisfied that—

(i)the event is a major event at the international or national level; and

(ii)the event has commercial arrangements that are likely to be adversely affected by unauthorised broadcasting or unauthorised use of logos, images or references, or both, as the case requires; and

(b)must have regard to—

(i)the size of the event; and

(ii)the likely media coverage of the event; and

(iii)the projected economic impact of the event; and

(iv)the contribution to Victoria's international profile as a host of major events.

(2)In addition to the matters set out in section 8, a major sporting event order which specifies that Part 3 applies to a major sporting event—

(a)must specify the commercial arrangements period or commercial arrangements periods for the major sporting event, if the period is or periods are different to the period in paragraph (a) of the definition of commercial arrangements period;

(b)may specify the time or dates in respect of each day of the event when Part 3 applies.

13Consultation prior to making major sporting event order

(1)If a major sporting event order is to specify that police officers may exercise enforcement powers under Part 3, Part 6, Part 7 or Part 8 as specified in the order, the Minister must consult with the Chief Commissioner of Police before making the order.

(2)If a major sporting event order is to affect the operation of any other Act, the Minister must consult with the Minister administering that other Act before making the order.

14Major sporting event order that specifies reserved land

(1)If a proposed major sporting event order is to apply to land which is reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978, the Minister must consult with the Minister administering the Crown Land (Reserves) Act 1978 before making the order.

(2)If a major sporting event order is to apply to land in Albert Park which is in a declared area within the meaning of the Australian Grands Prix Act 1994 or a designated access area within the meaning of that Act, the Minister must consult with the Minister administering that Act before making a major sporting event order in respect of that land.

(3)If a proposed major sporting event order is to apply to land which is unreserved Crown land, the Minister must consult with the Minister administering the Land Act 1958 before making the order.

Division 2—Acts non-application orders

15Acts non-application order

(1)On the recommendation of the Minister, the Governor in Council may make an order that any Act referred to in Part 5 and specified in the order does not apply to the development or use of an event venue or event area for the purposes of a major sporting event specified in the order—

(a)to the extent specified in the order; and

(b)for the period specified in the order.

(2)Before making a recommendation under subsection (1), the Minister must be of the opinion that—

(a)it is in the public interest to make the order; and

(b)it is necessary to make the order—

(i)for the effective management and conduct of the major sporting event; or

(ii)for the effective preparation or management and conduct of the event venue or an event area for that event.

(3)An Acts non-application order must be published in the Government Gazette.

Note

This order is subject to tabling in Parliament and disallowance.

16Consultation prior to making Acts non-application order

Before recommending that an Acts non-application order be made, the Minister must consult with the Minister administering the Act which the Acts non-application order will affect.

Division 3—No compensation orders

17No compensation order

(1)On the recommendation of the Minister, the Governor in Council may make an order that a major sporting event is subject to section 18.

(2)Before making a recommendation under subsection (1), the Minister must be of the opinion that—

(a)it is in the public interest to make the order; and

(b)a no compensation order is necessary to ensure the effective management, conduct or organisation of the major sporting event.

(3)A no compensation order must be published in the Government Gazette.

Note

This order is subject to tabling in Parliament and disallowance.

18No compensation payable

On the making of a no compensation order in respect of a major sporting event, this section applies and no compensation is payable in respect of any loss, damage or injury, other than the death of, or personal injury or bodily injury to, a person, resulting from or arising out of any act or omission done in good faith by any person in the administration or purported administration of this Act, a provision of this Act, or the regulations in relation to the management, conduct or organisation of—

(a)the major sporting event to which a no compensation order applies; or

(b)any event, activity or program associated with the major sporting event to which a no compensation order applies.

Division 4—General matters relating to orders

19Multiple orders for one event

Without limiting the operation of this Part, more than one order under this Part may be made in respect of the same major sporting event.

20Date on which order takes effect

An order made 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.

21Describing land in orders

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.

22Orders to be laid before Parliament and certain orders subject to disallowance

(1)The Minister must cause the following orders to be laid before each House of Parliament within 7 sitting days of that House after the order is published in the Government Gazette—

(a)a major sporting event order that applies Part 3 to an event (commercial arrangements);

(b)a major sporting event order that applies Part 7 to an event (advertising other than aerial advertising);

(c)a major sporting event order that applies Part 8 to an event (aerial advertising);

(d)an Acts non-application order;

(e)a no compensation order.

(2)A failure to comply with subsection (1) does not affect the operation or effect of the order but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of the Parliament.

(3)An Acts non-application order may be disallowed in whole or in part by either House of Parliament.

(4)A no compensation order may be disallowed in whole or in part by either House of Parliament.

(5)Part 5 of the Subordinate Legislation Act 1994 applies to an Acts non-application order and a no compensation order as if—

(a)a reference in that Part to a "statutory rule" were a reference to the Acts non-application order or the no compensation order, as the case requires; and

(b)a reference in section 23(1)(c) of that Act to "section 15(1)" were a reference to subsection (1).

(6)A reference to an Acts non-application order and a no compensation order in this section includes a reference to any amendment of either of those orders.

23Scope of orders

An order under this Part—

(a)may be of general or limited application;

(b)may differ according to differences in time, place or circumstance.

24Amendment and revocation of orders

(1)On the recommendation of the Minister, the Governor in Council, by order published in the Government Gazette, may amend or revoke an order made under this Part.

(2)This Part applies to the amendment or revocation of an order made under this Part in the same way as it does to the making of an order.

Division 5—Major sporting events guidelines

25Major sporting events guidelines

(1)The Minister may make guidelines in relation to minimum event planning standards for event organisers of major sporting events or venue managers of event venues including, but not limited to—

(a)traffic and transport management;

(b)emergency management;

(c)environmental impact management;

(ca)crowd management;

(d)event security.

(1A)A guideline made under subsection (1)(ca) does not apply to an authorised officer who is a police officer.

(2)The Minister must ensure that the major sporting events guidelines are—

(a)published in the Government Gazette; and

(b)laid before each House of the Parliament within 10 sitting days of that House after the guidelines are published in the Government Gazette.

26Failure to comply with major sporting events guidelines

(1)If an event organiser fails to comply with any major sporting events guidelines applicable to the major sporting event for which the event organiser is responsible, the Minister may recommend to the Governor in Council the making of an order under subsection (2).

(2)On the recommendation of the Minister, the Governor in Council may make an order varying or revoking, in whole or in part, the major sporting event order, or any other order under this Part, that applies to the relevant event.

(3)An order under subsection (2) must be published in the Government Gazette.

Part 3—Commercial arrangements

Division 1—Application of Part

27Application of commercial arrangements provisions

(1)This Part only applies if a major sporting event order specifies that this Part, or Division 2 of this Part or Division 3 of this Part, applies to—

(a)a specified major sporting event; or

(b)a specified event venue in relation to that event; or

(c)an event area in relation to that event.

(2)If a major sporting event order specifies that only Division 2 of this Part or Division 3 of this Part applies, Divisions 1, 4 and 5 of this Part also apply to the extent necessary for the effective operation of the relevant Division applying to the major sporting event, event venue or event area, as the case requires.

28Part 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)protected event logos or images; or

(b)any other logos or images; or

(c)protected event references.

Note

Other laws which may give rights or provide remedies include the Copyright Act 1968, the Trade Marks Act 1995, the Designs Act 2003 and the Competition and Consumer Act 2010 of the Commonwealth and the Australian Consumer Law and Fair Trading Act 2012.

29Part 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 a major sporting event order in relation to an event to which this Part applies in relation to—

(a)a name that is registered in relation to a business under the Business Names Registration Act 2011 of the Commonwealth prior to that commencement; or

(b)a registered name of a company incorporated under the Corporations Act prior to that commencement.

30Part 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 a major sporting event order in relation to an event to which this Part, or Division 2 of this Part, applies 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 event organiser of an event to which this Part, or Division 2 of this Part, applies or a person authorised to use protected event logos or images or protected event references arising out of the use of logos or images or references referred to in subsection (1), it is a defence if the event organiser or the person authorised to use protected event logos or images or protected event references satisfies the court that at the time of the use, the event organiser or the person authorised to use protected event logos or images or protected event 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

31Minister may declare protected event logos or images or protected event references

(1)The Minister may declare in respect of a major sporting event to which this Division of this Part applies—

(a)that specified logos or images are protected logos or images for that event;

(b)that specified references are protected event references for that event.

(2)A declaration under subsection (1) must be published in the Government Gazette.

(3)Before making a declaration under subsection (1), the Minister must be satisfied that—

(a)the logos, images or references relate to and are sufficiently connected to the identity and conduct of the major sporting event; and

(b)the event has commercial arrangements that are likely to be adversely affected by unauthorised use of logos, images or references.

(4)The Minister may require the event organiser of an event to which this Division of this Part applies to publish a notice in a newspaper circulating generally in Victoria of the making of a declaration by the Minister under this section.

(5)A notice required to be published under subsection (4) must be in the form and include the information determined by the Minister.

32Event organiser may authorise use of protected event logos or images or protected event references

(1)For the purposes of this Part, the event organiser of an event to which this Division of this Part applies may authorise a person to use protected event logos or images or protected event references in respect of that event.

(2)An authorisation under this section must be in writing.

33Minister may authorise non-commercial use of protected event logos or images or protected event references

(1)For the purposes of this Part, the Minister may authorise a person to use protected event logos or images or protected event references in respect of an event to which this Division of this Part applies for non-commercial use.

(2)The Minister must not authorise a person under subsection (1) unless the Minister has first consulted with the relevant event organiser of the event to which this Division of this Part applies.

(3)If the Minister authorises a person to use any protected event logos or images or protected event references in respect of an event to which this Division of this Part applies, the Minister must cause the relevant event organiser to be notified of that authorisation.

(4)An authorisation under this section must be in writing.

34What can an authorisation contain?

(1)An authorisation under section 32 or 33 is subject to any terms and conditions which the event organiser or Minister, as the case requires, 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 protected event logos or images or protected event references or specified kinds of protected event logos or images or protected event references in relation to the event to which this Division of this Part applies.

(2)An authorisation under section 32 or 33 expires at the earlier of—

(a)the expiration date specified in the authorisation; or

(b)if no date is specified, 12 months after the end of the major sporting event to which the authorisation relates.

35Register of authorisations

(1)An event organiser of an event to which this Division of this Part applies must—

(a)maintain a register of authorisations given under section 32 or 33; and

(b)record in the register of authorisations—

(i)each authorisation by the event organiser under section 32; and

(ii)each authorisation by the Minister under section 33 of which the event organiser has been notified under that section.

(2)The register of authorisations must include the following—

(a)the name of any person authorised by the event organiser under section 32 or the Minister under section 33 to use protected event logos or images or protected event references in relation to an event to which this Division of this Part applies;

(b)the date of the authorisation and the period of its duration.

(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.

36Use of protected event logos, images and references which do not need authorisation

(1)The following persons may use protected event logos or images or protected event references without the authorisation of the event organiser of an event to which this Division of this Part applies—

(a)the event organiser;

(b)a person who has been authorised in writing by the Minister to use protected event logos and images or protected event references under this Part.

(2)Subject to subsection (3), any person may use protected event logos or images or protected event references without the authorisation of the event organiser or the Minister in the following specified circumstances—

(a)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)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 subsection (2) is not authorised to use a protected event logo or image or a protected event reference if the use—

(a)is for promotional, marketing or commercial purposes; or

(b)suggests a sponsorship-like arrangement.

37Offence to engage in conduct that suggests sponsorship, approval or affiliation

(1)A person must not engage in conduct which would suggest to a reasonable person that goods or services have a sponsorship, approval or affiliation that they do not have with—

(a)an event to which this Division of this Part applies; or

(b)the event organiser of an event to which this Division of this Part applies; or

(c)any event or activity associated with an event to which this Division of this Part applies.

Penalty:100 penalty units, in the case of a natural person;

600 penalty units, in the case of a body corporate.

(2)A person must not engage in conduct which would suggest to a reasonable person that any person has a sponsorship, approval or affiliation that the person does not have with—

(a)an event to which this Division of this Part applies; or

(b)the event organiser of an event to which this Division of this Part applies; or

(c)any event or activity associated with an event to which this Division of this Part applies.

Penalty:100 penalty units, in the case of a natural person;

600 penalty units, in the case of a body corporate.

38Offence to use protected event logos or images or protected event references without authorisation

(1)A person must not use—

(a)protected event logos or images or protected event references in relation to an event to which this Division of this Part applies; or

(b)any thing that is substantially identical to or deceptively similar to protected event logos or images or protected event references in relation to an event to which this Division of this Part applies—

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)Subsection (1) does not apply to—

(a)any use of protected event logos or images or protected event references that has been authorised under section 32 by the event organiser for that event; or

(b)any use of protected event logos or images or protected event references that has been authorised under section 33 by the Minister in respect of that event; or

(c)any use of protected event logos or images or protected event references in accordance with section 36; or

(d)any use of protected event logos or images or protected event references or any other logos or images that is otherwise authorised by or under this Act or any other law.

39Meaning of marked with logos or images or references

For the purposes of this Part, goods are to be taken to be marked with protected logos or images or protected references or any thing that is substantially identical to or deceptively similar to protected logos or images or protected 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.

Division 3—Authorised broadcasting

40Event organiser may authorise broadcasting

(1)Subject to subsection (2), the event organiser of an event to which this Division of this Part applies may authorise a person to—

(a)broadcast, telecast or transmit by any means whatever any sound or image of that event or any part of that event at or from a place within or outside the event venue or an event area for that event; or

(b)make any sound recording or any film, television, video or digital recording of moving images of that event or any part of that event for profit or gain, or for a purpose that includes profit or gain, at or from a place within or outside an event venue or an event area for that event.

(2)An event organiser must not give a broadcasting authorisation if, in the opinion of the event organiser, the activity authorised would adversely affect—

(a)the organisation or conduct of the event to which this Division of this Part applies; or

(b)any commercial arrangements relating to the event to which this Division of this Part applies.

(3)A broadcasting authorisation must be in writing.

41Application for broadcasting authorisation

An application for a broadcasting authorisation must be made in the manner and form determined by the Secretary.

42What can a broadcasting authorisation contain?

A broadcasting authorisation is subject to any terms and conditions which the event organiser of an event to which this Division of this Part applies 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.

43Offence to broadcast without broadcasting authorisation

(1)A person must not broadcast, telecast or transmit by any means whatever any sound or image of an event to which this Division of this Part applies or any part of that event at or from a place within or outside an event venue or an event area for that event unless the person—

(a)has a broadcasting authorisation; and

(b)is acting in accordance with that broadcasting authorisation.

Penalty:400 penalty units, in the case of a natural person;

2400 penalty units, in the case of a body corporate.

(2)Subsection (1) does not apply if the broadcast, telecast or transmission is not for profit or gain, or for a purpose that includes profit or gain and—

(a)is not a substantial part of the event; or

(b)is for the purpose of—

(i)criticism or review; or

(ii)parody or satire; or

(iii)the reporting of news; or

(iv)a judicial proceeding or the giving or receiving of legal advice; or

(v)providing official library services for a member of Parliament; or

(vi)private and domestic use.

44Offence 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 an event to which this Division of this Part applies or any part of that event for profit or gain, or for a purpose that includes profit or gain, at or from a place within or outside an event venue or an event area for that event unless the person—

(3)The Secretary may require an authorised ticketing officer appointed under this section to undertake specified training before exercising any powers, functions or duties under this Act.

184Identification of authorised officers and authorised ticketing officers

(1)The Secretary must issue to each person appointed as an authorised officer or an authorised ticketing officer an identity card that—

(a)contains a photograph of the person; and

(b)states the full name of the person to whom it is issued; and

(c)states that the person is—

(i)an authorised officer for the purposes of this Act or a specified Part or provisions of this Act; or

(ii)an authorised ticketing officer for the purposes of this Act.

(2)An authorised officer or an authorised ticketing officer must produce his or her identity card for inspection at any time during the exercise of a power under this Act, if asked to do so.

(3)If a person appointed to be an authorised officer or an authorised ticketing officer proposes to exercise the functions of an authorised officer or an authorised ticketing officer and fails to produce on demand his or her identity card, the person is not authorised to exercise those functions in relation to the person making the demand.

(4)In any proceedings under this Act, an identity card purporting to be issued to a person by the Secretary under this Part is evidence of the appointment of that person as an authorised officer or an authorised ticketing officer.

185Offence to hinder or obstruct authorised officer or authorised ticketing officer

A person must not, without reasonable excuse, obstruct or hinder an authorised officer or an authorised ticketing officer in the exercise of his or her powers, functions or duties under this Act.

Penalty:60 penalty units.

186Offence to impersonate authorised officer or authorised ticketing officer

A person must not impersonate an authorised officer or an authorised ticketing officer.

Penalty:60 penalty units.

186APower of authorised ticketing officer to require name and address

(1)An authorised ticketing officer may require a person to give the person's name and address to the authorised ticketing officer if the authorised ticketing officer believes on reasonable grounds that the person has committed an offence against section 166, 166A, 166B, 182F(1), 182F(2), 182G(1) or 182G(2).

(2)Before requiring a person to give the person's name and address, an authorised ticketing officer must—

(a)produce the authorised ticketing officer's identity card; and

(b)inform the person that the authorised ticketing officer believes that the person has committed an offence against section 166, 166A, 166B, 182F(1), 182F(2), 182G(1) or 182G(2) (as the case requires); and

(c)inform the person that it is an offence against this Act—

(i)to fail or refuse to give the person's name and address to an authorised ticketing officer when directed to do so; or

(ii)to give a false or misleading name and address to an authorised ticketing officer.

186BRequirement to produce evidence of name and address to authorised ticketing officer

(1)If a person gives a name and address in response to a request made under section 186A(1) and the authorised ticketing officer believes on reasonable grounds that the name or the address may be false, the authorised ticketing officer may request the person to produce evidence of the person's name and address.

(2)A person must comply with a request under subsection (1) unless the person has a reasonable excuse not to do so.

Penalty:5 penalty units.

186CRefusal to give name and address to authorised ticketing officer

(1)A person must not fail or refuse to give the person's name and address to an authorised ticketing officer when required to do so under section 186A.

Penalty:5 penalty units.

(2)A person must not give a false or misleading name and address to an authorised ticketing officer when required to give the person's name and address under section 186A.

Penalty:5 penalty units.

186DDisclosure of information by authorised ticketing officer

(1)An authorised ticketing officer must not disclose any information obtained during the course of the authorised ticketing officer's duties or the exercise of a power under section 186A or 186B except as authorised under this section.

Penalty:50 penalty units.

(2)An authorised ticketing officer is authorised and may disclose information obtained in the course of the authorised ticketing officer's duties or the exercise of a power under section 186A or 186B—

(a)if the authorised ticketing officer reasonably believes that the disclosure is necessary—

(i)for or in connection with the administration of this Act; or

(ii)to assist a relevant person or the authorised ticketing officer to exercise a power, or perform a duty or function, under this Act or the regulations made under this Act; or

(b)in the following circumstances—

(i)for the purposes of any legal proceedings arising out of this Act;

(ii)for the purposes of any other legal proceedings;

(iii)to a court or tribunal in the course of legal proceedings;

(iv)pursuant to an order of a court or tribunal;

(v)to the extent reasonably required for any other law enforcement purposes;

(vi)with the written authority of the Secretary;

(vii)with the written authority of the person to whom the information relates.

(3)In this section—

relevant person means—

(a)the Secretary; or

(b)a person authorised under section 167(1)(b) or 182H(1)(b); or

(c)a person authorised to commence a proceeding under section 188(1)(b) or (d); or

(d)the Director of Public Prosecutions; or

(e)a police officer.

187Delegation by Secretary

The Secretary, in writing, may delegate any of the powers conferred on the Secretary under this Part, other than this power of delegation, to—

(a)a person employed under Part 3 of the Public Administration Act 2004 as an executive within the meaning of that Act; or

(b)a body corporate established under an Act for a public purpose.

Part 11—Enforcement

188Who can bring proceedings for offences?

(1)A proceeding for an offence against this Act, other than an offence against Part 9 or 9A, may be commenced by—

(a)the Secretary; or

(b)a person authorised in writing by the Secretary for the purposes of this section; or

(c)the Director of Public Prosecutions; or

(d)with the written authority of the Secretary, an authorised officer who is not a police officer; or

(e)a police officer.

(2)A proceeding commenced under subsection (1) may be taken over and continued at any time by any other person authorised by subsection (1) to take proceedings.

(3)In a proceeding for an offence against this Act, it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceeding was authorised to bring the proceeding.

189Offences by bodies corporate

(1)If a body corporate contravenes any provision of this Act, each officer of the body corporate is deemed to have contravened the same provision if the officer knowingly authorised or permitted the contravention.

(2)A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against under that provision.

(3)Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act.

190Conduct by officers, employees or agents

(1)If, in any proceeding under this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—

(a)that the conduct was engaged in by an officer of that body corporate within the scope of the officer's actual or apparent authority and the officer had that state of mind; or

(b)that the conduct was engaged in by an agent of the body corporate and—

(i)the agent acted at the specific direction or with the specific consent or agreement of the body corporate; and

(ii)the agent had that state of mind; and

(iii)the body corporate was aware of the agent's state of mind when the conduct was engaged in.

(2)For the purposes of any proceeding under this Act, any conduct engaged in on behalf of a body corporate is deemed to have been engaged in also by the body corporate if the conduct was engaged in by—

(a)an officer of the body corporate within the scope of the officer's actual or apparent authority; or

(b)any other person at the specific direction or with the specific consent or agreement of an officer of the body corporate, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer .

(3)If, in any proceeding under this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show—

(a)that the conduct was engaged in by an employee of that person within the scope of the employee's actual or apparent authority and the employee had that state of mind; or

(b)that the conduct was engaged in by an agent of the person and—

(i)the agent acted at the specific direction or with the specific consent or agreement of the person; and

(ii)the agent had that state of mind; and

(iii)the person was aware of the agent's state of mind when the conduct was engaged in.

(4)For the purposes of any proceeding under this Act, any conduct engaged in on behalf of a person other than a body corporate (the principal) is deemed to have been engaged in also by the principal if the conduct was engaged in by—

(a)an employee of the principal within the scope of the employee's actual or apparent authority; or

(b)any other person at the specific direction or with the specific consent or agreement of an employee of the principal, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee .

(5)A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.

191Actions by firms and unincorporated association

If this Act provides that a person, being a firm or an unincorporated association, is guilty of an offence, that reference to the person—

(a)in the case of a partnership, is to be read as a reference to each member of the partnership; and

(b)in the case of any other unincorporated body, is to be read as a reference to each member of the committee of management of the body.

Part 12—Miscellaneous

192Interaction with Australian Grands Prix Act 1994

(1)Subject to subsections (2) and (3), nothing in this Act affects the following in respect of an event area for a major sporting event or in respect of an event venue—

(a)the undertaking of works at Albert Park by the Australian Grand Prix Corporation in accordance with a licence granted under section 28 of the Australian Grands Prix Act 1994; or

(b)the exercise by the Australian Grand Prix Corporation of a power to close roads under section 33 of the Australian Grands Prix Act 1994; or

(c)the exercise of any powers or functions under the Australian Grands Prix Act 1994 by the Minister administering that Act.

(2)Before undertaking works referred to in subsection (1)(a) or before exercising a power to close roads referred to in subsection (1)(b), the Australian Grand Prix Corporation must consult with the Secretary or the event organiser in relation to the relevant major sporting event, as the case requires, if those works or that road closure may affect—

(a)the carrying out of works for the purposes of the major sporting event; or

(b)the exercise of any power or function under this Act in respect of—

(i)an event venue for the purposes of a major sporting event; or

(ii)an event area for the purposes of a major sporting event.

(3)Before exercising a power or function referred to in subsection (1)(c), the Minister administering the Australian Grands Prix Act 1994 must consult with the Minister administering this Act if the exercise of that power or function under that Act may affect—

(a)the carrying out of works for the purposes of a major sporting event; or

(b)the exercise of any power or function under this Act in respect of—

(i)an event venue for the purposes of a major sporting event; or

(ii)an event area for the purposes of a major sporting event.

(4)If there is a dispute between the Secretary or the event organiser and the Australian Grand Prix Corporation about the exercise of any power or function referred to in subsection (1)(a) or (b) in relation to a major sporting event, the Secretary or the event organiser (as the case requires) or the Australian Grand Prix Corporation may refer the matter to the Minister administering the Australian Grands Prix Act 1994 and the Minister administering this Act for a joint decision on the matter.

193Service of documents

(1)In addition to any other lawful method of service, if, under this Act (other than Part 9), a document or notice is required or permitted to be served on or given to a person, the document or notice may be served or given—

(a)if the person is a natural person—

(i)by giving it to or serving it personally on the person; or

(ii)by sending it by post to the person at the person's usual or last known place of residence or business; or

(b)if the person is a corporation, by leaving it at or sending it by post to the registered office of the corporation within the meaning of the Corporations Act.

(2)In addition to any other lawful method of service, if, under this Act (other than Part 9), a document or notice is required or permitted to be served on or given to a firm, the document may be served or given by leaving it at or sending it by post to the principal place of business of the firm.

194Regulations

(1)The Governor in Council may make regulations for or with respect to—

(a)the care, control, management and use of an event venue or event area during a major sporting event;

(b)prohibiting or regulating any activity in an event venue or event area for the purposes of a major sporting event or major sporting events generally;

(c)regulating the behaviour of persons in an event venue or event area to ensure public safety, good order and decency for the purposes of a major sporting event or major sporting events generally;

(d)prohibiting or regulating the entry or admission of persons to an event venue or event area for the purposes of a major sporting event or major sporting events generally;

(e)prohibiting or regulating the driving, parking or leaving parked of vehicles or the anchoring, mooring or leaving of vessels, within an event venue or event area for the purposes of a major sporting event or major sporting events generally;

(f)prescribing penalties not exceeding 20 penalty units for a contravention of the regulations;

(g)any matter or thing required or permitted by this Act to be prescribed or that is necessary to be prescribed to give effect to this Act.

(2)Regulations made under this Act—

(a)may be of general or limited application;

(b)may differ according to differences in time, place or circumstances;

(c)may confer a discretionary authority or impose a duty on a specified person or class of persons;

(d)may leave any matter or thing to be from time to time determined, approved or dispensed with by the Secretary;

(e)may exempt specified persons or classes of persons from complying with all or any of the regulations;

(f)may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any other person, whether—

(i)wholly or partially or as amended by the regulations; or

(ii)as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or

(iii)as formulated, issued, prescribed or published from time to time.

Part 13—Consequential and other amendments, transitional provisions
and repeals

*                *                *                *                *

Division 2—Repeals and transitional provisions

200Repeal of Acts

(1)The Major Events (Crowd Management) Act 2003 is repealed.

(2)The Major Events (Aerial Advertising) Act 2007 is repealed.

(3)The Sports Event Ticketing (Fair Access) Act 2002 is repealed.

201Interpretation of Legislation Act 1984

Nothing in this Division affects or limits the operation of the Interpretation of Legislation Act 1984 unless the contrary intention appears.

202Major Events (Crowd Management) Act 2003—transitional provisions

(1)A major event declared by Order made under section 5(2) of the Major Events (Crowd Management) Act 2003 and in force immediately before the commencement of this Act is deemed, on and from that commencement, to be a major sporting event for the date or dates specified in the Order as if the Order made under section 5(2) of the Major Events (Crowd Management) Act 2003 were a major sporting event order made under this Act.

(2)A managed venue declared by Order made under section 5A(1) of the Major Events (Crowd Management) Act 2003 and in force immediately before the commencement of this Act is deemed, on and from that commencement, to be an event venue for the date or dates specified in the Order as if the Order made under section 5A(1) of the Major Events (Crowd Management) Act 2003 were a major sporting event order made under this Act.

(3)A managed access area declared by Order made under section 6(1) of the Major Events (Crowd Management) Act 2003 and in force immediately before the commencement of this Act is deemed, on and from that commencement, to be an event area for the date or dates specified in the Order as if the Order made under section 6(1) of the Major Events (Crowd Management) Act 2003 were a major sporting event order made under this Act.

(4)Despite the repeal of section 10C of the Major Events (Crowd Management) Act 2003, any item to which that section applied immediately before the commencement of this Act is taken to be an item to which section 79 applies.

(5)Despite the repeal of the Major Events (Crowd Management) Act 2003, a ban order imposed on an offender under section 17A of that Act and in force immediately before that repeal, continues in force for the period specified in the ban order as if the ban order had been made under this Act.

203Major Events (Aerial Advertising) Act 2007—transitional provisions for specified events

A specified event declared by Order

made under section 4(1) of the Major Events (Aerial Advertising) Act 2007 and in force immediately before the commencement of this Act is deemed, on and from that commencement, to be an aerial advertising event for the date or dates specified in the Order as if the Order made under section 4(1) of the Major Events (Aerial Advertising) Act 2007 were a major sporting event order specifying the event to be an aerial advertising event under this Act.

204Sports Event Ticketing (Fair Access) Act 2002—transitional provisions

(1)A declared event declared under section 8(1) of the Sports Event Ticketing (Fair Access) Act 2002 and being a declared event in force immediately before the commencement of this Act is deemed, on and from that commencement, to be a sports event to which a sports ticketing event declaration applies under this Act for the date or dates specified in the declaration made under section 8(1) of the Sports Event Ticketing (Fair Access) Act 2002 as if that declaration were a sports ticketing event declaration made under this Act.

(2)An approved ticket scheme for a declared event under section 11 of the Sports Event Ticketing (Fair Access) Act 2002 in force immediately before the commencement of this Act is deemed, on and from that commencement, to be an approved ticket scheme under this Act.

(3)Guidelines made under section 17 of the Sports Event Ticketing (Fair Access) Act 2002 in force immediately before the repeal of that Act continue in force, despite that repeal, as if they were ticketing guidelines under this Act.

205Authorised officers

On and from the commencement of this Act, an authorised officer appointed under the Major Events (Crowd Management) Act 2003, the Major Events (Aerial Advertising) Act 2007 or the Sports Event Ticketing (Fair Access) Act 2002 whose appointment is in force immediately before that commencement, is taken to be an authorised officer appointed under this Act—

(a)with the functions, duties and powers under this Act corresponding to the functions, duties and powers under the relevant repealed Act under which that person was originally appointed as an authorised officer; and

(b)for a period corresponding to the remaining period of that person's appointment as an authorised officer under the relevant repealed Act under which he or she was originally appointed.

205AMajor Sporting Events Amendment Act 2013—transitional provisions

(1)A major sporting event order made under section 7(1) and in force immediately before the commencement of section 4(1) of the Major Sporting Events Amendment Act 2013 continues, on and from that commencement, to have effect until it expires despite any inconsistency with this Act.

(2)Section 87(2)(a) as amended by section 11 of the Major Sporting Events Amendment Act 2013 applies only to an offence against section 67(2), 67A(1), 67A(2), 85(1), 85(2) or 85(3) alleged to have been committed on or after the commencement of section 11 of that Act.

(3)For the purposes of subsection (2), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 11 of the Major Sporting Events Amendment Act 2013, the alleged offence is taken to have been committed before that commencement.

(4)Sections 167B to 167F apply only to an offence against section 166 alleged to have been committed on or after the commencement of section 23 of the Major Sporting Events Amendment Act 2013.

(5)For the purposes of subsection (4), if an offence against section 166 is alleged to have been committed between 2 dates, one before and one after the commencement of section 23 of the Major Sporting Events Amendment Act 2013, the alleged offence is taken to have been committed before that commencement.

205BMajor Events Legislation Amendment (Ticket Scalping and Other Matters) Act 2018—transitional provision

Any reference to the Major Sporting Events Act 2009 in any Act, subordinate instrument, agreement or other document, so far as it relates to any period after the commencement of section 4 of the Major Events Legislation Amendment (Ticket Scalping and Other Matters) Act 2018, is to be construed as a reference to the Major Events Act 2009, unless the contrary intention appears.

205CMajor Events Legislation Amendment (Unauthorised Ticket Packages and Other Matters) Act 2022—transitional provision

On and from the commencement of the Major Events Legislation Amendment (Unauthorised Ticket Packages and Other Matters) Act 2022, amendments made by that Act apply in relation to any event for which a sports ticketing event declaration or a major event ticketing declaration is in force, irrespective of whether the declaration was made before, on or after that commencement.

205DMajor Events Legislation Amendment (Unauthorised Ticket Packages and Other Matters) Act 2022—grace period

(1)Despite the commencement of section 160A, a sports event organiser is not required to comply with the requirements of that section for a period of 14 days after that commencement.

(2)Despite the commencement of section 182GA, a ticketed event organiser of a ticketed event to which a major event ticketing declaration applies is not required to comply with the requirements of that section for a period of 14 days after that commencement.

206Regulations dealing with transitional matters

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including the repeals and amendments made by this Act.

(2)Regulations made under this section may—

(a)have a retrospective effect to a day on or from the date that this Act receives the Royal Assent; and

(b)be of limited or general application; and

(c)leave any matter or thing to be decided by a specified person or class of person; and

(d)provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section.

(3)Regulations under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 26 February 2009

Legislative Council: 2 April 2009

The long title for the Bill for this Act was "A Bill for an Act to re-enact with amendments and to consolidate into one Act the law relating to major sporting events and to venues for events, to repeal the Major Events (Aerial Advertising) Act 2007, the Major Events (Crowd Management) Act 2003 and the Sports Event Ticketing (Fair Access) Act 2002, to consequentially amend other Acts and for other purposes."

The Major Sporting Events Act 2009 was assented to on 23 June 2009 and came into operation on 24 June 2009: section 2.

The title of this Act was changed from the Major Sporting Events Act 2009 to the Major Events Act 2009 by section 4 of the Major Events Legislation Amendment (Ticket Scalping and Other Matters) Act 2018, No. 13/2018.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Major Events Act 2009 by Acts and subordinate instruments.

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Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 83) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Major Events Act 2009

Marine Safety Act 2010, No. 65/2010

Assent Date:	28.9.10
Commencement Date:	S. 420(Sch. 3 item 10) on 1.7.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Major Events Act 2009

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 56) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Major Events Act 2009

Business Names (Commonwealth Powers) Act 2011, No. 79/2011

Assent Date:	21.12.11
Commencement Date:	S. 33 on 28.5.12: Special Gazette (No. 151) 8.5.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Events Act 2009

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date:	8.5.12
Commencement Date:	S. 239(Sch. 6 item 27) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Events Act 2009

Major Sporting Events Amendment Act 2013, No. 16/2013

Assent Date:	26.3.13
Commencement Date:	Ss 4–29 on 15.5.13: Special Gazette (No. 175) 15.5.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Events Act 2009

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 29) on 1.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Major Events Act 2009

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 61) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Major Events Act 2009

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 104) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Major Events Act 2009

Kardinia Park Stadium Act 2016, No. 7/2016

Assent Date:	1.3.16
Commencement Date:	S. 47 on 16.3.16: Special Gazette (No. 55) 15.3.16 p. 1
Current State:	This information relates only to the provision/s amending the Major Events Act 2009

Heritage Act 2017, No. 7/2017

Assent Date:	15.3.17
Commencement Date:	S. 301 on 1.11.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Major Events Act 2009

Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017

Assent Date:	24.10.17
Commencement Date:	S. 82 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1
Current State:	This information relates only to the provision/s amending the Major Events Act 2009

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 84) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Major Events Act 2009

Major Events Legislation Amendment (Ticket Scalping and Other Matters) Act 2018, No. 13/2018

Assent Date:	15.5.18
Commencement Date:	Ss 4–24 on 1.6.18: Special Gazette (No. 248) 29.5.18 p. 1
Current State:	This information relates only to the provision/s amending the Major Events Act 2009

Marine and Coastal Act 2018, No. 26/2018

Assent Date:	26.6.18
Commencement Date:	S. 92 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1
Current State:	This information relates only to the provision/s amending the Major Events Act 2009

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 66) on 1.7.21: s. 2(4)
Current State:	This information relates only to the provision/s amending the Major Events Act 2009

Major Events Legislation Amendment (Unauthorised Ticket Packages and Other Matters) Act 2022, No. 5/2022

Assent Date:	1.3.22
Commencement Date:	Ss 4–26 on 31.3.22: Special Gazette (No. 157) 29.3.22 p. 1
Current State:	This information relates only to the provision/s amending the Major Events Act 2009

State Sport Centres Legislation Amendment Act 2022, No. 41/2022

Assent Date:	6.9.22
Commencement Date:	Ss 27–29 on 7.9.22: s. 2
Current State:	This information relates only to the provision/s amending the Major Events Act 2009

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3   Explanatory details

No entries at date of publication.