Major Events Act 2009

For the purposes of this section, a Ministerial order may prescribe a site as an advertising controlled site for a major event.

An advertising controlled site must be—

in a major event area for the major event, or

in an area within 500m of a major event area for the major event.

Notice of the advertising controlled site must be published in a way the Minister considers appropriate to bring the notice to the attention of persons who may be affected by the prescription of the site as an advertising controlled site.

Except as authorised or permitted by the responsible authority for the major event, a person who is the owner or occupier or the holder of a lease or licence relating to a building or structure that is (or is part of) an advertising controlled site must not, while the land is an advertising controlled site—

cause or permit any advertising material to be fixed to or placed on the building or structure, or

fail to ensure that any advertising material already fixed to or placed on a building or structure is covered, obliterated or removed.

in the case of an individual—250 penalty units, or

in the case of a corporation—500 penalty units.

A person authorised by the responsible authority for the major event for the purposes of this subsection may cover, obliterate or remove any advertising material that is on a building or structure in contravention of subsection (4).

A person authorised under subsection (5) may enter—

an advertising controlled site to undertake the covering, obliteration or removal referred to in that subsection, and

other adjacent premises, if necessary to undertake that covering, obliteration or removal.

A person is not entitled under this section to enter a part of premises used only for residential purposes, except with the consent of the occupier of the part.

In exercising functions under subsections (5) and (6), the person must—

cause as little damage as possible, and

produce to any person apparently in charge of the premises who requests its production the person’s authorisation under that subsection.

It is a defence to a prosecution for an offence against subsection (4) that relates to an area to which subsection 2(b) applies, if the defendant establishes that the advertising material concerned—

was fixed to or placed on the building or structure before the area was specified as an advertising controlled site, and

was so fixed or placed by a person as part of the person’s ordinary activities and not in anticipation of the major event concerned, and

does not contain any statement, or make any inference, that the advertiser is a sponsor or supporter of, or is in any way connected with, the major event concerned.

For the avoidance of doubt, the functions under subsections (5) and (6) may be exercised in relation to advertising material even if a person is able to establish the defence under subsection (9) in relation to that material.

This section does not apply to the following advertising material—

any advertising material—

that has an area of not more than one square metre, or

comprising a series of related advertisements that together have an area of not more than one square metre,

any advertising material that is exempted from this section by a Ministerial order.