Major Events Security Act 2000 (ACT)

Case

Major Events Security Act 2000 (repealed)   

A2000-41

Republication No 7

Effective:  4 October 2014

Republication date: 4 October 2014

As repealed by A2014‑42 s 68

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Major Events Security Act 2000 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 4 October 2014.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

    Major Events Security Act 2000 (repealed)

    Contents

    Page

    Part 1      Preliminary

    1            Name of Act  2

    2            Dictionary  2

    3            Notes  2

    3AOffences against Act—application of Criminal Code etc 2

    Part 2      Declaration of major events

    4            Declaration of events as major events  3

    5            Requirements for declaration  3

    6            Notification and operation of declaration  4

    7           Statutory conditions of entry  4

    Part 3      Major event venues

    Division 3.1                  Restricted areas

    8            Entry to restricted areas  6

    Division 3.2                  Statutory conditions of entry

    9            Search of personal property  6

    10          Frisk search of people  7

    11          Prohibited items  7

    Division 3.3                  Other powers of police officers

    12          Name and address  8

    12A           Refusal of entry  8

    13          Direction to leave venue  8

    Part 4      Other offences

    14          Unauthorised entry to major event venue  10

    15          Interference with event  10

    Part 5      Miscellaneous

    17          Obligations of ticket sellers  12

    18          Effect of disallowance of declaration  12

    19          Regulation-making power  13

    Dictionary14

    Endnotes

    1            About the endnotes  16

    2            Abbreviation key  16

    3            Legislation history  17

    4            Amendment history  18

    5            Earlier republications  20

    Major Events Security Act 2000 (repealed)

    An Act relating to security for events declared to be major events

    Part 1Preliminary

    1. Name of Act

      This Act is the Major Events Security Act 2000.

    2. Dictionary

      The dictionary at the end of this Act is part of this Act.

      Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act.

      Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156).

    3. Notes

      A note included in this Act is explanatory and is not part of this Act.

      NoteSee Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

    3AOffences against Act—application of Criminal Code etc

    Other legislation applies in relation to offences against this Act.

    Note 1Criminal Code

    The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

    The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

    Note 2Penalty units

    The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

    Part 2Declaration of major events

    1. Declaration of events as major events

      (1)The Executive may declare an event to be a major event.

      Examples of events that may be declared major events

      A Papal mass, a concert, a national or international sporting event or other competition, an agricultural or trade show and New Year’s Eve celebrations.

      (2)In deciding whether to make a declaration, the Executive must have regard to—

      (a)the nature of the event; and

      (b)the number and kind of people expected to attend the event; and

      (c)any other relevant matter.

      (3) The Executive may make a declaration only if satisfied that its making is reasonable and necessary—

      (a)for the safety of people attending the event; and

      (b)for the avoidance of disruptions to the event.

      (4)The Executive may not declare a public protest or demonstration to be a major event.

      (5)A declaration is a disallowable instrument.

      Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

    2. Requirements for declaration

      A declaration must—

      (a)contain a brief description of the event to which it applies; and

      (b)state the proposed time and date of the event and the location of the venue for the event; and

      (c)state the period during which it is to be in force; and

      (d)state any statutory conditions of entry applying to the venue; and

      (e)if the declaration includes the statutory condition that a person must not take into or possess in the venue a prohibited item—state the prohibited item; and

      (f)if an occupier notifies the Executive that part of the venue is a restricted area—state that the venue contains a restricted area.

    3. Notification and operation of declaration

      (1)At least 7 days before the proposed date of the event described in a declaration, notice of the making of the declaration must be published in a daily newspaper.

      (2)A notice of the making of a declaration must contain the matters stated in section 5 (a) to (f).

      (3)Failure to publish a notice of the making of a declaration in a daily newspaper does not affect the validity of the declaration.

      (4)Unless sooner revoked, a declaration expires on the date, and at the time (if any), stated in, or worked out in accordance with, the declaration.

    4. Statutory conditions of entry

      (1)The Executive may state in a declaration that any of the following conditions of entry apply to the major event venue:

      (a)that a person seeking to enter or in the venue must, if asked by a police officer, permit a search to be made of his or her personal property;

      (b)that a person seeking to enter or in the venue must, if asked by a police officer, permit a frisk search to be made of the person;

      (c)that a person must not take into or possess in the venue a prohibited item.

      (2)If a declaration includes a statement to the effect that a person must not take into or possess in the major event venue a prohibited item, the Executive must state in the declaration anything that is a prohibited item.

    Part 3Major event venues

    Division 3.1               Restricted areas

    1. Entry to restricted areas

      (1)An occupier of a major event venue must take reasonable steps to inform the public of a restricted area, whether by signs or otherwise.

      (2)A person commits an offence if—

      (a)the person enters or stays in a restricted area; and

      (b)the person does not have the occupier’s consent to be in the area.

      Maximum penalty:  10 penalty units.

      (3)An offence against this section is a strict liability offence.

    Division 3.2               Statutory conditions of entry

    1. Search of personal property

      (1)A police officer may ask a person to permit a search to be made of the person’s personal property if—

      (a)the person is entering (or about to enter) a major event venue; or

      (b)the person is in a major event venue.

      (2)The person must permit a police officer to search the person’s personal property.

      Maximum penalty:  10 penalty units.

      (3)An offence against this section is a strict liability offence.

      (4)This section applies only if the declaration of the event to be held at a major event venue states that it is a condition of entry to the venue that a person entering or in the venue must, if asked by a police officer, permit a search to be made of the person’s personal property.

    2. Frisk search of people

      (1)A police officer may ask a person to permit a frisk search of the person if—

      (a)the person is entering (or about to enter) a major event venue; or

      (b)the person is in a major event venue.

      (2)The person must permit a police officer to frisk search the person.

      Maximum penalty:  10 penalty units.

      (3)An offence against this section is a strict liability offence.

      (4)This section applies only if the declaration of the event to be held at a major event venue states that it is a condition of entry to the venue that a person entering or in the venue must, if asked by a police officer, permit a frisk search to be made of the person.

    3. Prohibited items

      (1)A person commits an offence if the person takes a prohibited item into, or has a prohibited item in, a major event venue.

      Maximum penalty:  10 penalty units.

      (2)An offence against this section is a strict liability offence.

      (3)It is not an offence against subsection (1) if the person disposes of the item before entering the major event venue.

      (4)This section applies to the venue only if the declaration of the event to be held at the venue states that it is a condition of entry to the venue that a person must not take into or possess in the venue a prohibited item.

    Division 3.3               Other powers of police officers

    1. Name and address

      (1)A police officer may require a person entering (or about to enter) a major event venue to state the person’s name and home address.

      (2)A person must comply with a requirement made of the person under subsection (1).

      Maximum penalty:  5 penalty units.

      (3)An offence against this section is a strict liability offence.

    12ARefusal of entry

    A police officer may refuse a person entry to a major event venue if the officer believes on reasonable grounds that the person—

    (a)has committed, or is likely to commit, an offence against this Act; or

    (b)is likely to contravene a condition of entry to the venue imposed by an occupier of the venue.

    1. Direction to leave venue

      (1)A police officer may direct a person to leave a major event venue if the police officer has reasonable grounds for believing that the person has, while seeking to enter or in the venue, committed an offence against a law in force in the ACT.

      (2)If a person contravenes a direction given by a police officer to leave a major event venue, a police officer may use such force as is reasonable and necessary—

      (a)to apprehend and detain the person for the purpose of removing the person from the venue; or

      (b)to remove the person from the venue.

      (3)A police officer exercising powers under subsection (2) may act with such assistance as is reasonable and necessary.

      (4) A person must not be detained under subsection (2) (a) for longer than is reasonable and necessary to remove him or her from the venue.

    Part 4Other offences

    1. Unauthorised entry to major event venue

      (1)A person commits an offence if—

      (a)the person enters, or stays in, a major event venue; and

      (b)the person is not authorised to enter, or stay in, the venue.

      Maximum penalty:  10 penalty units.

      (2)For subsection (1), a person is authorised to enter, or stay in, a major event venue if the person—

      (a)has paid the entrance fee (if any); or

      (b)has the occupier’s consent to be in the venue; or

      (c)is allowed for another reason to enter, or stay in, the venue.

      (3)A person commits an offence if—

      (a)the person enters, or stays in, a part of a major event venue; and

      (b)a major event has just been, is being, or is to be, conducted in that part of the venue; and

      (c)the person does not have the occupier’s consent, or is not allowed for another reason, to enter, or stay in, that part of the venue.

      Maximum penalty:  10 penalty units.

      (4)An offence against this section is a strict liability offence.

    2. Interference with event

      (1)A person commits an offence if, in a major event venue, the person—

      (a)behaves in an intimidating or harassing way; or

      (b)injures a person or damages property; or

      (c)engages in violent behaviour; or

      (d)disrupts, interferes with, delays or obstructs the conduct of a major event, or an activity associated with the event, by throwing anything or in any other way; or

      (e)in any other way interferes with the reasonable enjoyment of a major event, or an activity associated with the event, by someone else.

      Maximum penalty:  10 penalty units.

      (2)An offence against this section is a strict liability offence.

    Part 5Miscellaneous

    1. Obligations of ticket sellers

      (1)This section applies to a person who sells tickets to an event.

      (2)If the person has reasonable grounds for believing that the event may be declared a major event, the person must take reasonable steps to tell a person, before the person buys tickets to the event, that statutory conditions of entry may apply to the event.

      (3)If the event has been declared a major event, the person must take reasonable steps to tell a person, before the person buys tickets to the event, the statutory conditions of entry that apply to the event.

    2. Effect of disallowance of declaration

      (1)This section applies if a declaration of a major event is disallowed under the Legislation Act 2001.

      (2) Despite the Legislation Act 2001, section 84 (Saving of operation of repealed and amended laws)—

      (a)if a person has been investigated or prosecuted for an offence against this Act in relation to the major event venue for the event—any investigation of or prosecution for the offence must be discontinued and a person is taken never to have been investigated or prosecuted for the offence; and

      (b)if a person has been convicted for an offence against this Act in relation to the venue—

      (i)the conviction for the offence is quashed; and

      (ii)the person is taken never to have been convicted of the offence; and

      (iii)any financial penalty and costs paid to the Territory must be refunded; and

      (c)a civil or criminal proceeding does not lie against—

      (i)the Territory for an act done or omitted to be done honestly by a police officer or occupier in relation to the venue in the exercise or purported exercise of a power given under this Act; and

      (ii)a person who is or was a police officer or an occupier for an act done or omitted to be done honestly by the person in relation to the venue in the exercise or purported exercise of a power given under this Act.

    3. Regulation-making power

      The Executive may make regulations for this Act.

      NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.


    Dictionary

    (see s 2)

    Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

    Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

    ·contravene

    ·daily newspaper

    ·exercise

    ·function

    ·home address

    ·police officer

    declaration means a declaration made under section 4 (1).

    frisk search means—

    (a)    a search of a person conducted by quickly running the hands over the person’s outer garments; and

    (b)    an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.

    major event means an event to which a declaration applies.

    major event venue, in relation to a major event, means, for the period that the declaration of the event is in force—

    (a)    the place stated in the declaration as the location for the event; and

    (b)    any place reasonably incidental to the holding of the event.

    occupier, of a major event venue, includes the organiser of a major event at the venue.

    personal property, of a person, means things carried by the person or things apparently in the immediate control of the person, but does not include clothing being worn by the person.

    prohibited item, for a major event venue, means something stated to be a prohibited item in the declaration of the event to be held at the venue.

    restricted area, for a major event venue, means a part of the venue designated by an occupier as an area to which entry is restricted to people who have the consent or other authorisation of the occupier.

    statutory condition of entry, for a major event venue, means a condition mentioned in section 7 (1) that is stated in the declaration of the event to be a statutory condition of entry to the venue.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    am = amended ord = ordinance
    amdt = amendment orig = original
    ch = chapter par = paragraph/subparagraph
    def = definition pres = present
    dict = dictionary prev = previous
    disallowed = disallowed by the Legislative (prev...) = previously
    Assembly pt = part
    div = division r = rule/subrule
    exp = expires/expired renum = renumbered
    Gaz = gazette reloc = relocated
    hdg = heading R[X] = Republication No
    IA = Interpretation Act 1967 RI = reissue
    ins = inserted/added s = section/subsection
    LA = Legislation Act 2001 sch = schedule
    LR = legislation register sdiv = subdivision
    LRA = Legislation (Republication) Act 1996 sub = substituted
    mod = modified/modification SL = Subordinate Law
    o = order underlining = whole or part not commenced
    om = omitted/repealed or to be expired
    1. Legislation history

      The Major Events Security Act 2000 was originally the Olympic Events Security Act 2000.  It was renamed by the Olympic Events Security Amendment Act 2001 A2001-76 (see amdt 1.2).

      Major Events Security Act 2000 A2000‑41

      notified 4 September 2000 (Gaz 2000 S48)
      s 1, s 2 commenced 4 September 2000 (s 2 (1))
      remainder commenced 5 September 2000 (s 2 (2) and Gaz 2000 No S49)

      as amended by

      Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 268

      notified 26 July 2001 (Gaz 2001 No 30)
      s 1, s 2 commenced 26 July 2001 (IA s 10B)
      amdt 1.3054 commenced 14 September 2001 (amdt 1.3054)
      pt 268 remainder commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

      Olympic Events Security Amendment Act 2001 A2001-76

      notified LR 14 September 2001
      commenced 14 September 2001 (s 2)

      Statute Law Amendment Act 2002 A2002‑30 pt 3.47

      notified LR 16 September 2002
      s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
      pt 3.47 commenced 17 September 2002 (s 2 (1))

      Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.30

      notified LR 27 October 2005
      s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
      sch 1 pt 1.30 commenced 24 November 2005 (s 2)

      Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.51

      notified LR 1 September 2009
      s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

      sch 3 pt 3.51 commenced 22 September 2009 (s 2)

      Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.49

      notified LR 26 November 2009
      s 1, s 2 commenced 26 November 2009 (LA s 75 (1))

      sch 3 pt 3.49 commenced 17 December 2009 (s 2)

      as repealed by

      Major Events Act 2014 A2014-42 s 68

      notified LR 3 October 2014
      s 1, s 2 commenced 3 October 2014 (LA s 75 (1))
      s 68 commenced 4 October 2014 (s 2)

    2. Amendment history

      Title

      titlesub A2001‑76 amdt 1.1

      Name of Act

      s 1sub A2001‑76 amdt 1.2

      Dictionary

      s 2orig s 2 om R1 LRA

      ins A2001‑76 amdt 1.2

      Notes

      s 3sub A2001‑76 amdt 1.2

      Offences against Act—application of Criminal Code etc

      s 3Ains A2005‑54 amdt 1.216

      Declaration of major events

      pt 2 hdgsub A2001‑76 amdt 1.3

      Declaration of events as major events

      s 4sub A2001‑76 s 4

      am A2001‑44 amdt 1.3054; A2002‑30 amdt 3.590

      Requirements for declaration

      s 5sub A2001‑76 amdt 1.4

      Notification and operation of declaration

      s 6am A2001‑44 amdts 1.3055-1.3058; A2001‑76 amdt 1.5, amdt 1.6; A2009‑20 amdt 3.130

      Statutory conditions of entry

      s 7sub A2001‑76 amdt 1.7

      Major event venues

      pt 3sub A2001‑76 amdt 1.8

      Restricted areas

      div 3.1 hdg(prev pt 3 div 1 hdg) sub A2001‑76 amdt 1.8

      Entry to restricted areas

      s 8sub A2001‑76 amdt 1.8

      am A2005‑54 amdt 1.217

      Statutory conditions of entry

      div 3.2 hdg(prev pt 3 div 2 hdg) sub A2001‑76 amdt 1.8

      Search of personal property

      s 9sub A2001‑76 amdt 1.8; A2005‑54 amdt 1.218

      Frisk search of people

      s 10sub A2001‑76 amdt 1.8; A2005‑54 amdt 1.218

      Prohibited items

      s 11sub A2001‑76 amdt 1.8

      am A2005‑54 amdt 1.219, amdt 1.220

      Other powers of police officers

      div 3.3 hdg(prev pt 3 div 3 hdg) sub A2001‑76 amdt 1.8

      Name and address

      s 12sub A2001‑76 amdt 1.8; A2005‑54 amdt 1.221

      am A2009‑49 amdt 3.116

      Refusal of entry

      s 12Ains A2005‑54 amdt 1.221

      Direction to leave venue

      s 13sub A2001‑76 amdt 1.8

      Other offences

      pt 4 hdgsub A2005‑54 amdt 1.222

      Unauthorised entry to major event venue

      s 14 hdgsub A2002‑30 amdt 3.591

      s 14am A2001‑76 amdt 1.9

      sub A2005‑54 amdt 1.222

      Interference with event

      s 15sub A2001‑76 amdt 1.10; A2005‑54 amdt 1.222

      Interference with event

      s 16am A2001‑76 amdt 1.11; A2002‑30 amdt 3.592

      om A2005‑54 amdt 1.222

      Obligations of ticket sellers

      s 17sub A2001‑76 amdt 1.12

      Effect of disallowance of declaration

      s 18am A2001‑44 amdt 1.3059, amdt 1.3060

      sub A2001‑76 amdt 1.12

      Regulation-making power

      s 19am A2001‑44 amdt 1.3061

      sub A2001‑76 amdt 1.12

      Dictionary

      dictins A2001‑76 amdt 1.13

      am A2002‑30 amdt 3.593; A2009‑20 amdt 3.131; A2009‑49 amdt 3.117

      def declaration ins A2001‑76 amdt 1.13

      def frisk search ins A2001‑76 amdt 1.13

      def major event ins A2001‑76 amdt 1.13

      def major event venue ins A2001‑76 amdt 1.13

      def occupier ins A2001‑76 amdt 1.13

      def personal property ins A2001‑76 amdt 1.13

      def prohibited item ins A2001‑76 amdt 1.13

      def restricted area ins A2001‑76 amdt 1.13

      def statutory condition of entry ins A2001‑76 amdt 1.13

    3. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No Amendments to Republication date
    1 not amended 5 September 2000
    2 A2001‑76 5 December 2001
    3 A2002‑30 10 October 2002
    4 A2005‑54 24 November 2005
    5 A2009‑20 22 September 2009
    6 A2009‑49 17 December 2014
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