Major Events Act 2009

This Act is the Major Events Act 2009.

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

The objects of this Act are as follows—

to attract, support and facilitate the holding and conduct of major events in New South Wales, in particular, events that are anticipated to have a significant number of participants or spectators (whether of a sporting, cultural or other nature),

to increase the benefits flowing from major events to the people of New South Wales,

to promote the safety and enjoyment of participants and spectators at major events,

to prevent unauthorised commercial exploitation of major events at the expense of event organisers and sponsors,

to enable authorities that are to manage, co-ordinate or regulate major events to be established or designated by regulation,

to make provision for the following matters in relation to major events—

traffic control and the co-ordination of transport and parking,

the regulation of commercial exploitation of the events, including the prevention of ambush marketing and unauthorised use of official titles and insignia,

safety and crowd management,

to ensure that government agencies are authorised to facilitate and support the holding and conduct of major events.

In this Act—

authorised officer, for a major event, means a person authorised under section 69A to be an authorised officer for the major event.

board governed authority means a major event authority that is declared by a regulation under section 8 (2) (b) to be an authority governed by a board.

chief executive means a chief executive of a major event authority appointed under section 11.

chief executive governed authority means a major event authority that is declared by a regulation to be an authority governed by a chief executive.

exercise a function includes perform a duty.

function includes a power, authority or duty.

government agency means—

a public authority constituted by or under an Act, or

a NSW Government agency, or

a Public Service agency, or

a local council, or

a State owned corporation,

but does not include the NSW Police Force.

major event means an event that is declared under Part 2 to be a major event.

major event area, for a major event, means an area declared under section 4B to be a major event area for the major event.

major event authority means a major event authority constituted under Part 3.

major event period—see section 5A(1)(a).

Ministerial order means an order made by the Minister under section 5A.

promoter, for a major event, means the person specified in a Ministerial order as the promoter for the major event.

public place means a public place within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002, and includes a school within the meaning of that Act.

responsible authority, in relation to a major event, means the person or body designated as the responsible authority for the major event under Part 2.

road and transport plan means a plan prepared by a responsible authority for a major event that sets out policies and procedures to be followed in relation to the provision of integrated road and transport services in relation to the major event.

TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.

the State includes the Crown in right of the State and the Government of the State.

traffic includes vehicular traffic, pedestrian traffic, cyclist traffic, traffic in or on the water and all other kinds of traffic.

transport area means a transport area declared under Division 3 of Part 4.

Note—

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

(Repealed)

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

This Act does not apply to a motor race within the meaning of the Motor Sports Events Act 2022.

The Minister may, by order published in the Gazette, declare an area to be the major event area for a major event.

The Minister must not make an order for the purposes of subsection (1) unless the Minister considers that the whole of the proposed major event area is necessary to enable the conduct of the major event.

The Premier may cancel or vary an order of the Minister for a major event, including a Ministerial order, by giving written notice to the promoter for the event.

The Premier may take action under this section only if—

both of the following apply—

taking the action is on the advice of a relevant person,

the Premier is reasonably satisfied taking the action is necessary because of a significant risk of harm to persons from a natural or other threat, or

the Premier is reasonably satisfied taking the action is otherwise necessary in the public interest.

The Premier is not required to consult with the promoter before taking action under this section.

In this section—

relevant person means—

the Commissioner of Police, or

the Commissioner of Fire and Rescue NSW, or

the Commissioner of the NSW Rural Fire Service, or

the Commissioner of the State Emergency Service, or

the Chief Health Officer.

vary includes impose conditions or restrictions.

The regulations may declare an event to be a major event.

The Minister may recommend the making of a regulation under subsection (1) only if the Minister is of the opinion that—

it is in the public interest to make the regulation, and

the event in respect of which the regulation is to be made is a major event at an international, national or State level.

Without limiting any other matters the Minister may consider, the Minister may have regard to the following matters before determining whether to recommend the making of a regulation under subsection (1)—

the potential size of the event,

the likely number of spectators for the event,

the possible media coverage of the event,

the possible economic impact of the event,

the potential contribution to New South Wales’s international profile as a host of major events,

the commercial arrangements for the event, if known,

the views of the event organiser, including the organiser’s event management experience and expertise,

possible factors affecting the operational organisation of the event, such as the following—

preparation of road and transport plans,

the need for emergency management plans,

the need for security plans and consultation with police and emergency services,

if known, the views of local councils directly affected by the event in relation to the arrangements made or to be made for the event,

the possible need for consultation and agreements to be made between the event organiser and affected local councils in relation to the event, including any agreements about the restoration of event venues and facilities,

whether the event is a foundation event.

A regulation under subsection (1) must describe the event.

A regulation made under this section may be amended by another regulation.

The regulations may not declare an industrial or political demonstration or protest to be a major event.

For subsection (3)(k), a foundation event is an event—

the Minister for Jobs and Tourism has determined to be significant, and

held annually, biennially or otherwise on a recurring basis, and

for which the State provides significant investment.

The Minister may, by order published in the Gazette, specify the following for a major event—

the period (the major event period) for which the declaration of the major event is in force,

the provisions of Part 4 that apply in relation to the major event and the period for which the provisions apply,

the person who is the promoter of the major event,

an area as a controlled area under section 37(1),

a sales control period for section 37,

prescribed articles for section 37,

a site as an advertising controlled site under section 39(1),

airspace as advertising controlled airspace under section 40(1),

a period as a parking control period for section 59,

a thing to be a prohibited thing for section 43(7), definition of prohibited thing.

To avoid doubt, a Ministerial order may provide that the responsible authority for a major event is the promoter of the major event.

A Ministerial order takes effect on—

the day the order is published in the Gazette, or

a later day specified in the order.

A regulation made under section 5 (1) must designate one of the following as the responsible authority for the major event—

a major event authority or other government agency,

a public official (within the meaning of the Public Interest Disclosures Act 2022).

The responsible authority for a major event may appoint such advisory committees as the responsible authority considers appropriate for the purposes of advising the responsible authority for the purposes of this Act.

An advisory committee has such functions as the responsible authority may from time to time determine in writing in respect of it.

An advisory committee consists of such committee members appointed by the responsible authority as the responsible authority thinks fit.

An advisory committee member holds office for such period as is specified in the instrument of appointment of the committee member, but any such appointment may be terminated by the responsible authority at any time.

One of the advisory committee members, in and by the instrument by which the committee member is appointed or another instrument made by the responsible authority, is to be appointed as chairperson of the committee.

An advisory committee member is entitled to be paid such fees and allowances (if any) as the Minister may determine, from time to time, in respect of the committee member.

Subject to the regulations and any directions of the responsible authority, the procedure of an advisory committee appointed under this section is to be as determined by the advisory committee.

The responsible authority may dissolve an advisory committee appointed under this section.

The regulations may establish a corporation and constitute the corporation as a major event authority for the purposes of a specified major event.

Such a regulation must—

specify a corporate name for the major event authority, and

declare whether the authority is a chief executive governed authority or a board governed authority, and

set out the functions of the authority in relation to the major event.

A major event authority is a NSW Government agency.