Sporting Venues (Invasions) Act 2003 (NSW)

An Act to make provision for prohibiting unauthorised entry to the playing fields and racecourses of certain sporting venues; to make special provision for the Rugby World Cup 2003; and for other purposes.

Part 1Preliminary1Name of Act

This Act is the Sporting Venues (Invasions) Act 2003.

2Commencement

This Act commences on the date of assent to this Act.

3Definitions(1)

In this Act:

authorised officer means:

• (a)

  in connection with the operation of a provision of this Act in respect of a sporting venue—a person authorised for the purposes of this Act by the venue director, and

• (b)

  a police officer.

controlling body for a race meeting or trial meeting means:

• (a)

  in the case of a race meeting or trial meeting for horse racing, Racing New South Wales constituted under the Thoroughbred Racing Act 1996, or

• (b)

  in the case of a race meeting or trial meeting for harness racing, Harness Racing New South Wales constituted under the Harness Racing Act 2009, or

• (c)

  in the case of a race meeting or trial meeting for greyhound racing, the Greyhound Welfare and Integrity Commission.

designated sporting venue means a venue for sporting activities prescribed by the regulations for the purposes of this Act.

exercise a function includes perform a duty.

function includes a power, authority or duty.

match means a sporting match, sporting game or sporting competition, and includes any performance or formalities held or conducted in conjunction with the match, but does not include a training session or rehearsal.

playing field means the playing field or other competition area of a sporting venue, and includes any area between the playing field and any structure intended to be a barrier between competitors competing on the competition area and spectators.

race meeting has the same meaning as in the Racing Administration Act 1998.

racecourse means a racecourse licensed under the Racing Administration Act 1998.

sporting venue means a designated sporting venue or a racecourse.

trial meeting has the same meaning as in the Racing Administration Act 1998.

venue director means:

• (a)

  in the case of a designated sporting venue, the occupier of the venue and includes, in respect of a match at the venue, any person authorised by the occupier of the venue to be the venue director in respect of the match, or

• (b)

  in the case of a racecourse, the controlling body for the race meeting or trial meeting taking place at the racecourse.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)

Notes included in this Act do not form part of this Act.

Part 2Invasions at sporting venues4Pitch invasions prohibited

A person must not enter or remain on the playing field of a designated sporting venue during a match held with the authorisation of the venue director unless the person:

• (a)

  is a participant in the match, or

• (b)

  is engaged in the control or management of the match, or

• (c)

  is an authorised officer, or

• (d)

  has, or is a member of a class of persons who have, been authorised by the venue director or an authorised officer to enter the playing field.

Maximum penalty: 50 penalty units.

4ARacecourse invasions prohibited(1)

A person must not enter or remain in or on a restricted area of a racecourse during a race meeting or trial meeting unless the person:

• (a)

  is a rider or harness racing driver participating in the race meeting or trial meeting, or

• (b)

  is authorised to do so by the controlling body for the race meeting or trial meeting or an authorised officer, or

• (c)

  is engaged in the control or management of the race meeting or trial meeting, or

• (d)

  is an authorised officer.

Maximum penalty: 50 penalty units.

(2)

In this section, restricted area of a racecourse means:

• (a)

  any racetrack, course proper or other racing surface, parade ring, race day tie-up stall, kennel or swabbing area, including any pathways connecting any of those places, or

• (b)

  any other area of a racecourse that is prescribed by the regulations as a restricted area for the purposes of this section.

512-month ban for invasion of sporting venue

A person who is removed from a sporting venue for a contravention of section 4 or 4A at the venue is banned for 12 months from entering the venue (the ban starting from when the person was removed from the venue).

6Life ban for further invasion or entry of sporting venue when banned(1)

A person is banned for life from entering a sporting venue if the person is removed from the venue:

• (a)

  for a contravention of section 4 or 4A at the venue, having previously been banned under this Part from entering the venue (whether or not the ban is still in force), or

• (b)

  for a contravention of section 8 at the venue.

(2)

The life ban starts from when the person was removed from the venue.

7Part extended to all major event venues(1)

A person who is banned under any of the following provisions from entering a major event venue as a result of a contravention of a law at a major event match is (while so banned) also banned from entering any other venue of that major event on any day that a major event match is held there:

• (a)

  this Part,

• (b)

  clause 16 of the Sydney Cricket Ground and Sydney Football Stadium By-law 2009,

• (c)

  clause 18 of the Sydney Olympic Park Authority Regulation 2007.

(2)

For the purposes of this Part:

major event has the same meaning as in the Major Events Act 2009.

major event match means a match of a major event that is a sporting competition.

major event venue means a sporting venue in the State that is the venue for a major event match.

8Offence of contravening a ban

A person who is banned from entering a sporting venue under this Part must not enter the sporting venue while the ban is in force.

Maximum penalty: 50 penalty units.

9Removal from venue for invasion or contravention of ban(1)

A person who contravenes any provision of this Part at a sporting venue may be removed from the venue by an authorised officer.

(2)

An authorised officer acting in accordance with this section may use such force as is reasonable in the circumstances for the purpose of exercising the officer’s functions under this section.

10Requirement to state name and address(1)

An authorised officer at a sporting venue who suspects on reasonable grounds that a person at the venue has committed, or has been involved in the commission of, a contravention of a provision of this Part at the venue may require the person to state his or her full name and residential address.

(2)

A person must not:

• (a)

  fail without reasonable excuse to comply with a requirement under this section, or

• (b)

  in purported compliance with such a requirement, furnish information that the person knows to be false or misleading in a material particular.

Maximum penalty: 20 penalty units.

(3)

A person is not guilty of an offence against this section unless it is established that the authorised officer warned the person that the failure to comply with the requirement is an offence.

11Taking photographs of certain persons

An authorised officer at a sporting venue who suspects on reasonable grounds that a person at the venue has committed, or has been involved in the commission of, a contravention of a provision of this Part at the venue may take a photograph or make another form of image of the person.

Part 3Miscellaneous12Penalty notices(1)

A police officer may issue a penalty notice to a person if it appears to the officer that the person has committed an offence against a provision of Part 2.

(2)

The Fines Act 1996 applies to a penalty notice issued under this section.

Note—

The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.

(3)

The amount payable under a penalty notice issued under this section is:

• (a)

  the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court), or

• (b)

  if no amount is prescribed—$500.

(4)

This section does not affect a ban under Part 2, such a ban remaining in force notwithstanding the payment of an amount payable under this section.

(5)

This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.

13

(Repealed)

14Nature of proceedings for offences

Proceedings for an offence under this Act may be dealt with summarily before the Local Court.

15Regulations

The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

16Savings and transitional provisions

Schedule 1 has effect.

17

(Repealed)

Schedule 1Savings and transitional provisions

(Section 16)

1Savings or transitional regulations(1)

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

• •

  this Act

(2)

Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3)

To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

• (a)

  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

• (b)

  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Schedule 2

(Repealed)