Theatres and Public Halls (Amendment) Act 1980 (NSW)

T H E A T R E S A N D PUBLIC HALLS ( A M E N D M E N T )

A C T , 1980 , N o . 116

ANNO VICESIMO NONO

ELIZABETHE II REGINE

Act N o . 116 , 1980 .

An Act to amend the Theatres and Public Halls Act, 1908, to
extend the Act to entertainment provided by amusement rides

or devices, and for certain other purposes. [Assented to, 22nd

October, 1980.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1.      This Act may be cited as the "Theatres and Public Halls

(Amendment) Act, 1980".

2.       (1) This section and section 1 shall commence on the date

of assent to this Act.

(2) Except as provided in subsection ( 1 ) , this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3. The Theatres and Public Halls Act, 1908, is amended—

(a) by omitting from the matter relating to Part I in section 2 the matter "4" and by inserting instead the matter

" 4 A A " ;

(b) by omitting section 4 (3) and by inserting instead the following subsection :—

(3) In the definition of "public entertainment" in

subsection ( 1 ) , "entertainment" includes—

(a) amusement provided by means of any ride or device or by any other means; and

(b) exhibition, sporting event or contest,

but does not include entertainment provided for the purposes of complying with section 57B (3) of the Liquor Act, 1912.

(c) by inserting after section 4 the following section :—

4 A A . (1) Where the provisions of this Act are

inconsistent with any of the provisions of the Construction Safety Act, 1912, or the regulations made under that Act, with respect to an amusement device within the meaning of that Act, the provisions of this Act shall prevail.

(2) Where the provisions of any regulation made under this Act are inconsistent with the provisions of any regulation made under the Construction Safety Act, 1912, with respect to an amusement device within the meaning of that Act, the provisions of the regulations made under this Act shall prevail.

(d) by omitting the definition of "temporary structure" in section 2 2 B and by inserting instead the following definition :—

"temporary structure" means—

(a) a booth, tent or other temporary

enclosure, whether or not a part of the booth, tent or enclosure is permanent; or

(b) a mobile structure.