Major Events Act 2014

This Act is the Major Events Act 2014.

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 terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘advertise, for division 4.2 (Clean zones)—see section 31.’ means that the term ‘advertise’ is defined in that section for division 4.2.

Note 2 A definition in the dictionary (including a signpost definition) 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, s 155 and s 156 (1)).

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

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

Other legislation applies in relation to offences against this Act.

Note 1 Criminal 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 2 Penalty units

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

Part 2 Major events and important sporting events

Division 2.1 Major event declaration

The Executive may, not later than 28 days before the proposed date of an event, declare the event to be a major event (a major event declaration).

The Executive may only make a major event declaration in relation to an event if satisfied—

that the event is a major event at an international, national, State or Territory level; and

it is in the public interest to do so; and

on reasonable grounds it is necessary and appropriate to do so.

In deciding whether to make a major event declaration, the Executive must consider whether the event will do any of the following:

generate significant tourism opportunities for the ACT by attracting a large number of international participants or spectators;

significantly raise the ACT’s international profile;

require a high level of professional management and coordination;

attract significant sponsorship and media coverage;

attract large numbers of people as participants or spectators;

offer substantial cultural, economic, social, sporting or other benefits for the ACT and ACT residents.

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

A major event declaration is a disallowable instrument.

The Executive must give additional public notice of the major event declaration.

Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (6) is in addition to the requirement for notification on the legislation register as a disallowable instrument.

Failure to publish a declaration in accordance with subsection (6) does not affect the validity of the declaration.

A major event declaration for an event must—

describe the event; and

state the organiser of the event; and

state the proposed time and date of the event; and

state the location of the venue for the event; and

state the period for which the declaration is in force; and

state that a notice may be given under the following provisions for the event:

section 26 (Notice of protected symbol);

section 32 (Notice of clean zone);

section 39 (Notice of protection of ticketing arrangements); and

state anything else prescribed by regulation.

A major event declaration for an event may state that a specified item is a prohibited item for section 12 (1), definition of prohibited item, paragraph (b) if the Executive considers—

the item could be—

used to interfere with the event; or

a risk to public safety; and

it reasonable in the circumstances.

Note A major event declaration for an event may also exclude an item mentioned in s 12 (1), def prohibited item, par (a).

The Minister may, not later than 7 days before the proposed date of a major event, vary the major event declaration for the event in relation to any of the matters mentioned in section 7.

The Minister may only vary a major event declaration for a major event if satisfied on reasonable grounds that the variation is necessary and appropriate for—

the good management of the event; or

the safety and enjoyment of people at the event.

Example

The ACT is hosting a conference that will be attended by a number of leaders from other countries. The major event venue, as described in the major event declaration for the event, includes the route from Canberra airport to the conference venue. After an updated security assessment, the route needs to be changed to ensure the safety of the conference participants.

A variation is a disallowable instrument.

The Minister must give additional public notice of the major event declaration variation.

Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (4) is in addition to the requirement for notification on the legislation register as a disallowable instrument.

Failure to publish a variation in accordance with subsection (4) does not affect the validity of the variation.

Division 2.2 Important sporting event notice

For part 3 (Crowd management), the Minister may, not later than 7 days before the proposed date of a sporting event, give notice that the event is an important sporting event (an important sporting event notice).

Note Pt 4 (Protection of commercial arrangements) and pt 5 (Protection of ticketing arrangements) do not apply to an important sporting event.

The Minister may only give an important sporting event notice in relation to an event if satisfied on reasonable grounds that its making is necessary and appropriate for—

the safety of people attending the event; and

the avoidance of disruptions to the event.

In deciding whether to make an important sporting event notice, the Minister must consider—

the nature of the event; and

the number of people expected to attend the event; and

any other relevant matter.

A notice is a disallowable instrument.

The Minister must give additional public notice of the important sporting event notice.

Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (5) is in addition to the requirement for notification on the legislation register as a disallowable instrument.

Failure to publish a notice in accordance with subsection (5) does not affect the validity of the notice.

An important sporting event notice for a sporting event must—

describe the event; and

state the organiser of the event; and

state the proposed time and date of the event; and

state the location of the venue for the event; and

state the period for which the notice is in force.

An important sporting event notice for a sporting event may state that a specified item is a prohibited item for section 12 (1), definition of prohibited item, paragraph (b) if the Minister considers—

the item could be—

used to interfere with the event; or

a risk to public safety; and

it reasonable in the circumstances.

Note An important sporting event notice for an event may also exclude an item mentioned in s 12 (1), def prohibited item, par (a).

Part 3 Crowd management

Division 3.1 Application—pt 3

This part (other than section 24 (Offence—ban orders)) applies to—

a major event—for the major event declaration period; and

an important sporting event—for the important sporting event notice period.

Division 3.2 Crowd management

In this Act:

prohibited item, for a major event or important sporting event, means—

unless excluded by the major event declaration for the major event or the important sporting event notice for the important sporting event, the following:

a prohibited weapon or prohibited article;

a knife;

a dangerous good;

a hazardous chemical or explosive;

a flare, firework, smoke bomb or petrol;

a drug of dependence or prohibited substance;

a fire extinguisher;

alcohol;

paint stored in a container of any kind;

a loud hailer, megaphone or any other device that can amplify the human voice;

broadcast equipment or any device that may interfere with broadcast equipment authorised by the event organiser to be used in the event venue;

a whistle, horn or bugle or a similar thing likely to be used to interfere with the event;

a flag that is longer or wider than 900mm;

a flagpole that is longer than 1m;

an egg, ball, paint bomb or a thing likely to be intended for use as a projectile;

a glass item (other than optical lenses, or an infant’s food or drink container) that could be—

used to interfere with the event; or

a risk to public safety;

a metal can (other than an infant’s food or drink container) that could be—

used to interfere with the event; or

a risk to public safety;

an animal, other than—

if a person is accompanied by an assistance animal—the animal; or

a police dog, police horse or other animal used for the management of the event; or

an animal competing or participating in the event;

a bicycle, scooter, skateboard, roller skates, roller blades or similar wheeled device, other than a wheeled device used by—

a person with disability for mobility; or

a police officer or another person for the management of the event; or

a person competing or participating in the event; and

anything else stated in the major event declaration for the major event or the important sporting event notice for the important sporting event.

Note A major event declaration or important sporting event notice may state that an item is a prohibited item if it is considered it could be used to interfere with a major event or important sporting event or be a risk to public safety, and it is reasonable in the circumstances.

In this section:

accompanied by an assistance animal—a person is accompanied by an assistance animal if the person—

is a person with disability and is accompanied by an assistance animal that is assisting the person to alleviate the effect of the disability; or

is an assistance animal trainer and is accompanied by an animal that is being trained as an assistance animal; or

is an assistance animal assessor and is accompanied by an animal that is being assessed as an assistance animal.

assistance animal—see the Discrimination Act 1991, section 5AA (3).

assistance animal assessor—see the Domestic Animals Act 2000, section 94.

assistance animal trainer—see the Domestic Animals Act 2000, section 94.

drug of dependence—see the Drugs of Dependence Act 1989, dictionary.

explosive—see the Dangerous Substances Act 2004, section 73.

firearm—see the Firearms Act 1996, section 6.

hazardous chemical—see the Work Health and Safety Regulation 2011, dictionary.

knife—see the Crimes Act 1900, dictionary.

prohibited article—see the Prohibited Weapons Act 1996, section 4B.

prohibited substance—see the Drugs of Dependence Act 1989, dictionary.

prohibited weapon—see the Prohibited Weapons Act 1996, section 4A.

A person commits an offence if—

the person goes into, or stays in, a part of an event venue; and

the person does not have the permission of the event organiser or venue manager to go into, or stay in, that part of the venue.

Maximum penalty: 5 penalty units.

A person commits an offence if—

the person goes onto, or stays on, the playing surface at an event venue; and

the person does not have the permission of the event organiser or venue manager to go onto, or stay on, the playing surface.

Maximum penalty: 50 penalty units.

An offence against subsection (2) is a strict liability offence.

For this section, a person is taken to have the permission of the event organiser or venue manager to go into, or stay in, a part of an event venue or go onto, or stay on, the playing surface of an event venue if the person is—

an authorised person; or

competing or participating in the major event or important sporting event in the event venue.

In this section:

playing surface, at an event venue—

means the area on which a sport is to be, or is being, played as part of the major event or important sporting event; and

includes—

any adjacent area required for the sport to be played; and

any area reasonably incidental to the sport being played.

Examples—par (b) (ii)

 players’ dressing room

 other field in the venue used by the players for warming up