Sporting Venues (Invasions) Act 2003

This Act is the Sporting Venues (Invasions) Act 2003.

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

In this Act:

authorised officer means:

in connection with the operation of a provision of this Act in respect of a sporting venue—a person authorised for the purposes of this Act by the venue director, and

a police officer.

controlling body for a race meeting or trial meeting means:

in the case of a race meeting or trial meeting for horse racing, Racing New South Wales constituted under the Thoroughbred Racing Act 1996, or

in the case of a race meeting or trial meeting for harness racing, Harness Racing New South Wales constituted under the Harness Racing Act 2009, or

in the case of a race meeting or trial meeting for greyhound racing, the Greyhound Welfare and Integrity Commission.

designated sporting venue means a venue for sporting activities prescribed by the regulations for the purposes of this Act.

exercise a function includes perform a duty.

function includes a power, authority or duty.

match means a sporting match, sporting game or sporting competition, and includes any performance or formalities held or conducted in conjunction with the match, but does not include a training session or rehearsal.

playing field means the playing field or other competition area of a sporting venue, and includes any area between the playing field and any structure intended to be a barrier between competitors competing on the competition area and spectators.

race meeting has the same meaning as in the Racing Administration Act 1998.

racecourse means a racecourse licensed under the Racing Administration Act 1998.

sporting venue means a designated sporting venue or a racecourse.

trial meeting has the same meaning as in the Racing Administration Act 1998.

venue director means:

in the case of a designated sporting venue, the occupier of the venue and includes, in respect of a match at the venue, any person authorised by the occupier of the venue to be the venue director in respect of the match, or

in the case of a racecourse, the controlling body for the race meeting or trial meeting taking place at the racecourse.

Note—

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

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

A person must not enter or remain on the playing field of a designated sporting venue during a match held with the authorisation of the venue director unless the person:

is a participant in the match, or

is engaged in the control or management of the match, or

is an authorised officer, or

has, or is a member of a class of persons who have, been authorised by the venue director or an authorised officer to enter the playing field.

Maximum penalty: 50 penalty units.

A person must not enter or remain in or on a restricted area of a racecourse during a race meeting or trial meeting unless the person:

is a rider or harness racing driver participating in the race meeting or trial meeting, or

is authorised to do so by the controlling body for the race meeting or trial meeting or an authorised officer, or

is engaged in the control or management of the race meeting or trial meeting, or

is an authorised officer.

Maximum penalty: 50 penalty units.

In this section, restricted area of a racecourse means:

any racetrack, course proper or other racing surface, parade ring, race day tie-up stall, kennel or swabbing area, including any pathways connecting any of those places, or

any other area of a racecourse that is prescribed by the regulations as a restricted area for the purposes of this section.

A person who is removed from a sporting venue for a contravention of section 4 or 4A at the venue is banned for 12 months from entering the venue (the ban starting from when the person was removed from the venue).

A person is banned for life from entering a sporting venue if the person is removed from the venue:

for a contravention of section 4 or 4A at the venue, having previously been banned under this Part from entering the venue (whether or not the ban is still in force), or

for a contravention of section 8 at the venue.

The life ban starts from when the person was removed from the venue.

A person who is banned under any of the following provisions from entering a major event venue as a result of a contravention of a law at a major event match is (while so banned) also banned from entering any other venue of that major event on any day that a major event match is held there:

this Part,

clause 16 of the Sydney Cricket Ground and Sydney Football Stadium By-law 2009,

clause 18 of the Sydney Olympic Park Authority Regulation 2007.

For the purposes of this Part:

major event has the same meaning as in the Major Events Act 2009.

major event match means a match of a major event that is a sporting competition.

major event venue means a sporting venue in the State that is the venue for a major event match.

A person who is banned from entering a sporting venue under this Part must not enter the sporting venue while the ban is in force.

Maximum penalty: 50 penalty units.

A person who contravenes any provision of this Part at a sporting venue may be removed from the venue by an authorised officer.

An authorised officer acting in accordance with this section may use such force as is reasonable in the circumstances for the purpose of exercising the officer’s functions under this section.

An authorised officer at a sporting venue who suspects on reasonable grounds that a person at the venue has committed, or has been involved in the commission of, a contravention of a provision of this Part at the venue may require the person to state his or her full name and residential address.

A person must not:

fail without reasonable excuse to comply with a requirement under this section, or

in purported compliance with such a requirement, furnish information that the person knows to be false or misleading in a material particular.

Maximum penalty: 20 penalty units.

A person is not guilty of an offence against this section unless it is established that the authorised officer warned the person that the failure to comply with the requirement is an offence.

An authorised officer at a sporting venue who suspects on reasonable grounds that a person at the venue has committed, or has been involved in the commission of, a contravention of a provision of this Part at the venue may take a photograph or make another form of image of the person.