Sydney Opera House Trust Amendment Act 2004 (NSW)
An Act to amend the Sydney Opera House Trust Act 1961 to provide for offences with respect to trespass and damaging the Opera House and to make further provision for by-laws and staff; and for other purposes.
This Act is the Sydney Opera House Trust Amendment Act 2004.
This Act commences on a day or days to be appointed by proclamation.
The Sydney Opera House Trust Act 1961 is amended as set out in Schedules 1 and 2.
The Criminal Procedure Act 1986 is amended as set out in Schedule 3.
(Section 3)
Insert after section 28:
A person who enters, or remains at, any part of the Opera House as a trespasser is guilty of an offence.
Maximum penalty: 200 penalty units or imprisonment for 2 years, or both.
A person who enters, or remains at, any part of the Opera House as a trespasser with intent to:
(a) cause damage to the Opera House, or
(b) seriously disrupt the operations of the Opera House, or
(c) commit any offence punishable by imprisonment or arising under the Summary Offences Act 1988,
is guilty of an offence.
Maximum penalty on indictment: imprisonment for 7 years.
A person who intentionally or recklessly damages the Opera House is guilty of an offence.
Maximum penalty on indictment: imprisonment for 5 years.
A person who attempts to commit an offence under section 28B or 28C is liable to the penalty provided for the offence concerned.
Proceedings for an offence against this Act or the by-laws, except sections 28B and 28C, are to be dealt with summarily before a Local Court.
Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under section 28B or 28C.
(Section 3)
Omit “Any officer or employee appointed pursuant to section 16 may, where the delegation has been approved by the Governor,” from section 12 (4).
Insert instead “Any member of staff of the Trust may”.
Omit “the officer or employee”. Insert instead “the member of staff”.
Omit “officer” from section 15 (2). Insert instead “member of staff”.
Omit the section. Insert instead:
Such staff as may be necessary to enable the Trust to exercise and perform its powers, authorities, duties and functions are to be employed under Chapter 2 of the Public Sector Employment and Management Act 2002.
The Trust may arrange for the use of the services of any staff (by secondment or otherwise) or facilities of a government department or public or local authority.
For the purposes of this Act, a person employed under subsection (1) or whose services are made use of under this section is a member of staff of the Trust.
Omit “officers and employees referred to in section 16” from section 17 (4).
Insert instead “members of staff of the Trust”.
Omit “10 penalty units” from section 28 (2).
Insert instead “50 penalty units”.
Omit the subsection.
(Section 4)
Insert “or 3” after “Part 2” in section 268 (2) (c).
Insert after clause 23A in Table 1 (Indictable offences that are to be dealt with summarily unless prosecutor or person charged elects otherwise):
An offence under section 28B of the Sydney Opera House Trust Act 1961, or an offence under section 28C of that Act where the value of the damage exceeds $5,000.
Insert as Part 3 in Table 2 (Indictable offences that are to be dealt with summarily unless prosecutor elects otherwise):
An offence under section 28C of the Sydney Opera House Trust Act 1961 where the value of the damage does not exceed $5,000.
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