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MAJOR SPORTING EVENTS AMENDMENT BILL 2013

                 PARLIAMENT OF VICTORIA

       Major Sporting Events Amendment Bill 2013



                      TABLE OF PROVISIONS
Clause                                                                     Page

PART 1--PRELIMINARY                                                           1
  1      Purpose                                                              1
  2      Commencement                                                         2
  3      Principal Act                                                        2

PART 2--CROWD MANAGEMENT                                                      3
  4      Definitions                                                          3
  5      Application of crowd management provisions                           6
  6      New section 67A inserted                                             6
         67A      Offence to deface or damage sporting competition
                  space or structure in that space                            6
  7      New section 74A inserted                                             7
         74A      Offence to enter a venue without a ticket or authority      7
  8      Venue manager or event organiser may authorise certain
         activities                                                           7
  9      Direction to leave event venue or event area                         7
  10     Directions to leave--disruptive behaviour etc.                       8
  11     Ban orders                                                           8
  12     Power to require name and address                                    8
  13     New section 88A inserted                                             9
         88A      Requirement to produce evidence of name and
                  address                                                     9
  14     Refusal to give name and address                                     9
  15     Inspection                                                          10
  16     New section 90A inserted                                            10
         90A      Disclosure of information                                  10
  17     Infringement notices, penalties and offences                        12

PART 3--AERIAL ADVERTISING AND SPORTS EVENT
TICKETING AMENDMENTS                                                         13
  18     Definitions                                                         13
  19     Power of authorised officer to require information or
         documents repealed                                                  14
  20     Protection against self-incrimination                               14
  21     Ticketing guidelines                                                14



571082B.I-19/2/2013                    i       BILL LA INTRODUCTION 19/2/2013

 


 

Clause Page 22 New sections 166A and 166B inserted 15 166A Sale of 5 or less tickets at a premium (scalping) 15 166B Advertising for resale of 5 or less tickets at a premium 16 23 Section 167 substituted and new sections 167A to 167F inserted 17 167 Who can commence proceedings for offences? 17 167A Infringement notices, penalties and offences for this Part 17 167B Seizure of tickets 18 167C Temporary surrender of tickets by purchaser for evidentiary purposes 20 167D Police may retain tickets seized from scalper for purpose of proceedings 20 167E Application by scalper to Magistrates' Court for return of tickets 21 167F Forfeiture to the Crown 22 24 Court order to answer questions or produce information or documents and seizure of documents under the order 22 25 Protection against self-incrimination 22 PART 4--MISCELLANEOUS AMENDMENTS 23 26 Major sporting events guidelines 23 27 Noise and light 23 28 Repeal of Division 1 of Part 13 23 29 New section 205A inserted 23 205A Major Sporting Events Amendment Act 2013-- transitional provisions 23 PART 5--REPEAL OF AMENDING ACT 25 30 Repeal of amending Act 25 ENDNOTES 26 571082B.I-19/2/2013 ii BILL LA INTRODUCTION 19/2/2013

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Major Sporting Events Amendment Bill 2013 A Bill for an Act to amend the Major Sporting Events Act 2009 in relation to events and event venues, crowd management, aerial advertising and sports event ticketing and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purpose The main purpose of this Act is to amend the Major Sporting Events Act 2009 to-- 5 (a) extend the crowd management provisions to additional major sporting events and venues; and (b) further provide for the powers of authorised officers in relation to crowd management; 10 and 571082B.I-19/2/2013 1 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 1--Preliminary s. 2 (c) provide for new offences and infringement offences; and (d) enhance banning order powers; and (e) extend the aerial advertising provisions to 5 additional major sporting events; and (f) provide further for the enforcement of offences against the sports event ticketing provisions; and (g) make other minor and consequential 10 amendments to the Act. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision referred to in subsection (1) does 15 not come into operation before 1 December 2013, it comes into operation on that day. 3 Principal Act See: In this Act, the Major Sporting Events Act 2009 Act No. 30/2009 is called the Principal Act. and amending Act Nos 68/2009, 65/2010, 29/2011, 79/2011 and 21/2012. LawToday: www. legislation. vic.gov.au __________________ 571082B.I-19/2/2013 2 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 2--Crowd Management s. 4 PART 2--CROWD MANAGEMENT 4 Definitions (1) In section 3(1) of the Principal Act-- (a) insert the following definitions-- 5 "Caulfield Guineas Day means the fourth Saturday before Melbourne Cup Day; Docklands Stadium concourse means-- (a) the land shown hatched on the plan LEGL./11-080 kept in the 10 Central Plan Office maintained under the Survey Co-ordination Act 1958 other than the part of that land comprising Docklands Stadium; and 15 (b) any other land or stratum of land to which an order under subsection (3) applies; Lakeside Stadium means the area shown hatched on the plan LEGL./11-036 kept 20 in the Central Plan Office maintained under the Survey Co-ordination Act 1958; Thousand Guineas Day means the third Wednesday before Melbourne Cup 25 Day;"; (b) in the definition of aerial advertising limitation time, in paragraph (d) for "Motor Cycle" substitute "Motorcycle"; (c) in the definition of aerial advertising venue, 30 in paragraph (d) for "Motor Cycle" substitute "Motorcycle"; (d) in the definition of event organiser, in paragraph (d) for "Motor Cycle" substitute "Motorcycle"; 571082B.I-19/2/2013 3 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 2--Crowd Management s. 4 (e) in the definition of event venue, in paragraph (c) after "Stadium" insert ", and, in accordance with section 61(3A), the Docklands Stadium concourse"; 5 (f) in the definition of event venue, for paragraph (h) substitute-- "(h) the Lakeside Stadium; (ha) the Caulfield Racecourse on any of the following-- 10 (i) Caulfield Cup Day; (ii) Caulfield Guineas Day; (iii) Thousand Guineas Day; (hb) the Flemington Racecourse on a day that a race meeting of the Melbourne 15 Cup Carnival takes place; (hc) the Moonee Valley Racecourse on Cox Plate Day;"; (g) in the definition of major sporting event, after paragraph (d) insert-- 20 "(da) any Melbourne Cup Carnival race meeting held at the Flemington Racecourse; (db) any Caulfield Cup Day race meeting held at the Caulfield Racecourse; 25 (dc) any Caulfield Guineas Day race meeting held at the Caulfield Racecourse; (dd) any Thousand Guineas Day race meeting held at the Caulfield 30 Racecourse; (de) any Cox Plate Day race meeting held at the Moonee Valley Racecourse;". 571082B.I-19/2/2013 4 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 2--Crowd Management s. 4 (2) In section 3(1) of the Principal Act-- (a) the definition of Bob Jane Stadium is repealed; (b) in the definition of prohibited item 5 paragraph (l) is repealed. (3) After section 3(2) of the Principal Act insert-- "(3) The Governor in Council, by Order published in the Government Gazette, may declare land or a stratum of land to be 10 included as part of the Docklands Stadium concourse for the purposes of this Act for a specified period. (4) An Order under subsection (3) must include a plan or a reference to a lodged plan kept in 15 the Central Plan Office maintained under the Survey Co-ordination Act 1958 of the land or stratum of land to which the Order applies. (5) An Order under subsection (3) must not 20 apply to land or a stratum of land unless-- (a) it is in the area bounded by La Trobe Street, Wurundjeri Way, Bourke Street and Harbour Esplanade in the docklands area within the meaning of 25 the Docklands Act 1991, excluding any footpaths running along those roads; and (b) it is in an area accessible to the public.". 571082B.I-19/2/2013 5 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 2--Crowd Management s. 5 5 Application of crowd management provisions (1) After section 61(3) of the Principal Act insert-- "(3A) The following provisions of this Part apply to the Docklands Stadium concourse on any 5 day that a major sporting event is held at the event venue referred to in paragraph (c) of the definition of event venue as if the Docklands Stadium concourse were an event venue on that day-- 10 (a) sections 63, 64 and 84; (b) sections 75 to 78, 80, 81, 83, 85 to 89 and 90A in so far as those sections relate to sections 63, 64 or 84; (c) Division 6 in so far as it relates to 15 sections 63, 85, 89(1) or 89(2).". (2) At the foot of section 61 of the Principal Act insert-- "Note See also section 6.". 20 6 New section 67A inserted After section 67 of the Principal Act insert-- "67A Offence to deface or damage sporting competition space or structure in that space 25 (1) A person must not deface or damage a sporting competition space within an event venue except with the authorisation of the venue manager or event organiser. Penalty: 20 penalty units. 571082B.I-19/2/2013 6 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 2--Crowd Management s. 7 (2) A person must not deface or damage any structure, equipment or vehicle in a sporting competition space within an event venue except with the authorisation of the venue 5 manager or event organiser. Penalty: 20 penalty units.". 7 New section 74A inserted After section 74 of the Principal Act insert-- "74A Offence to enter a venue without a ticket 10 or authority A person must not, without reasonable excuse, enter any part of an event venue for which a ticket for a major sporting event is required on a day on which the major 15 sporting event is held at the venue without-- (a) a valid ticket for that event; or (b) the authorisation of the venue manager or the event organiser. Penalty: 20 penalty units.". 20 8 Venue manager or event organiser may authorise certain activities In section 75(1) of the Principal Act-- (a) after "67," insert "67A,"; (b) for "or 74" substitute ", 74 or 74A". 25 9 Direction to leave event venue or event area In section 83(1)(a) of the Principal Act-- (a) for "67," substitute "67, 67A(1), 67A(2),"; (b) for "73 or 74" substitute "73, 74 or 74A". 571082B.I-19/2/2013 7 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 2--Crowd Management s. 10 10 Directions to leave--disruptive behaviour etc. At the end of section 84 of the Principal Act insert-- "(2) An authorised officer who is a member of 5 the police force may require a person who has been given a direction under subsection (1) to give his or her name and address to the officer. Note 10 Section 184(2) sets out that an authorised officer must produce his or her identity card for inspection when exercising a power under this Act.". 11 Ban orders In section 87(2)(a) of the Principal Act for 15 "68 or 69" substitute "67(2), 67A(1), 67A(2), 68, 69, 85(1), 85(2) or 85(3)". 12 Power to require name and address (1) In section 88(1) of the Principal Act for "68, 69, 70, 71, 72, 73 or 74" substitute "67A(1), 67A(2), 20 68, 69, 70, 71, 72, 73, 74, 74A, 85(1), 85(2), 85(3), 86(7) or 87(6)". (2) In section 88(2) of the Principal Act for "state" substitute "give". (3) In section 88(2)(b) of the Principal Act-- 25 (a) after "67," insert "67A(1), 67A(2),"; (b) for "or 74" substitute ", 74, 74A, 85(1), 85(2), 85(3), 86(7) or 87(6)". 571082B.I-19/2/2013 8 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 2--Crowd Management s. 13 13 New section 88A inserted After section 88 of the Principal Act insert-- "88A Requirement to produce evidence of name and address 5 (1) If a person gives a name and address in response to a request made under section 88(1) and the authorised officer believes on reasonable grounds that the name or the address may be false, the authorised 10 officer may request the person to produce evidence of his or her name and address. (2) If a person gives a name and address in response to a request made under section 84(2) or 90(5A) and the authorised 15 officer who is a member of the police force believes on reasonable grounds that the name or the address may be false, the authorised officer may request the person to produce evidence of his or her name and address. 20 (3) A person must comply with a request under subsection (1) or (2) unless he or she has a reasonable excuse not to do so. Penalty: 5 penalty units.". 14 Refusal to give name and address 25 In section 89 of the Principal Act for "section 88" (wherever occurring) substitute "sections 84(2), 88 and 90(5A)". 571082B.I-19/2/2013 9 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 2--Crowd Management s. 15 15 Inspection After section 90(5) of the Principal Act insert-- "(5A) An authorised officer who is a member of the police force may require a person who 5 has been given a direction under subsection (4) or (5) to give his or her name and address to the officer. Note Section 184(2) sets out that an authorised officer must 10 produce his or her identity card for inspection when exercising a power under this Act.". 16 New section 90A inserted After section 90 of the Principal Act insert-- "90A Disclosure of information 15 (1) An authorised officer who is not a member of the police force must not disclose any information obtained during the course of the officer's duties or the exercise of a power under section 88 or 88A except as authorised 20 under this section. Penalty: 50 penalty units. (2) An authorised officer referred to in subsection (1) is authorised and may disclose information obtained in the course of the 25 officer's duties or the exercise of a power under section 88 or 88A-- (a) if the authorised officer reasonably believes that the disclosure is necessary-- 30 (i) for or in connection with the administration of this Act; or 571082B.I-19/2/2013 10 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 2--Crowd Management s. 16 (ii) to assist a relevant person or the authorised officer to exercise a power, or perform a duty or function, under this Act or the 5 regulations made under this Act; or (b) in the following circumstances-- (i) for the purposes of any legal proceedings arising out of this Act 10 or of any report of such proceedings; or (ii) for the purposes of any other legal proceedings; or (iii) to a court or tribunal in the course 15 of legal proceedings; or (iv) pursuant to an order of a court or tribunal; or (v) to the extent reasonably required for any other law enforcement 20 purposes; or (vi) with the written authority of the Secretary; or (vii) with the written authority of the person to whom the information 25 relates. (3) In this section-- relevant person means-- (a) the Secretary; or (b) a person authorised under 30 section 167(1)(b); or (c) a person authorised to bring a proceeding under section 188(1)(b) or (d); or 571082B.I-19/2/2013 11 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 2--Crowd Management s. 17 (d) the Director of Public Prosecutions; or (e) a member of the police force.". 17 Infringement notices, penalties and offences 5 (1) In section 91(1) of the Principal Act-- (a) for "67(1)," substitute "66(1), 67(1), 67A(1), 67A(2),"; (b) after "70," insert "74, 74A,"; (c) for "or 85(3)" substitute ", 85(3), 89(1) 10 or 89(2)". (2) In section 91(3)(a) of the Principal Act-- (a) for "65, 67(1)," substitute ", 66(1), 67(1), 67A(1), 67A(2),"; (b) for "70 and" substitute "70, 74A". 15 (3) After section 91(3)(a) of the Principal Act insert-- "(ab) against sections 74, 89(1) and 89(2) is 1 penalty unit; and (ac) against section 65 is 5 penalty units; and". 20 (4) In section 91(3)(b) of the Principal Act for "3 penalty units" substitute "7·5 penalty units". __________________ 571082B.I-19/2/2013 12 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 3--Aerial Advertising and Sports Event Ticketing Amendments s. 18 PART 3--AERIAL ADVERTISING AND SPORTS EVENT TICKETING AMENDMENTS 18 Definitions (1) In section 3(1) of the Principal Act, in the 5 definition of aerial advertising event-- (a) after paragraph (a) insert-- "(ab) any One Day International cricket match held at the MCG; (ac) any Twenty20 international cricket 10 match held at the MCG;"; (b) after paragraph (f) insert-- "(fa) the Australian Football League match played at the MCG on ANZAC Day;"; (c) after paragraph (j) insert-- 15 "(k) if an event referred to in paragraphs (a) to (j) is to be replayed or rescheduled for any reason, that replayed event or that rescheduled event;". (2) In section 3(1) of the Principal Act, in the 20 definition of aerial advertising limitation time-- (a) after paragraph (a) insert-- "(ab) in relation to any One Day International cricket match held at the MCG from 12 noon until 11 p.m. on the day of that 25 event; (ac) in relation to any Twenty20 international cricket match held at the MCG from 2 p.m. until 11 p.m. on the day of that event;"; 571082B.I-19/2/2013 13 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 3--Aerial Advertising and Sports Event Ticketing Amendments s. 19 (b) after paragraph (f) insert-- "(fa) in relation to an Australian Football League match played at the MCG on ANZAC Day, from 9 a.m. until 5 7 p.m.;". (3) In section 3(1) of the Principal Act, in the definition of aerial advertising venue-- (a) after paragraph (a) insert-- "(ab) in relation to any One Day International 10 cricket match held at the MCG, the MCG; (ac) in relation to any Twenty20 international cricket match held at the MCG, the MCG;"; 15 (b) after paragraph (f) insert-- "(fa) in relation to the Australian Football League match played at the MCG on ANZAC Day, the MCG;". (4) In section 3(1) of the Principal Act insert the 20 following definition-- "ANZAC Day has the meaning given in section 3 of the ANZAC Day Act 1958;". 19 Power of authorised officer to require information or documents repealed 25 Section 144 of the Principal Act is repealed. 20 Protection against self-incrimination Section 146(2) of the Principal Act is repealed. 21 Ticketing guidelines After section 163(2) of the Principal Act insert-- 30 "(2A) For the purposes of subsection (2)(b) and (c), a condition prohibiting or restricting the sale or distribution of tickets for a sports ticketing 571082B.I-19/2/2013 14 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 3--Aerial Advertising and Sports Event Ticketing Amendments s. 22 event includes doing any of the following without the written consent of the sports event organiser-- (a) advertising tickets for sale at a price 5 that exceeds the face value purchase price of each of the tickets; (b) offering tickets for sale, or selling tickets, at a price that exceeds the face value purchase price of each of the 10 tickets; (c) using tickets for promotional or other commercial activities; (d) using tickets to enhance demand for other goods and services.". 15 22 New sections 166A and 166B inserted After section 166 of the Principal Act insert-- "166A Sale of 5 or less tickets at a premium (scalping) (1) A person who is not authorised to do so must 20 not sell tickets for a sports ticketing event on which a ticket condition under an approved ticket scheme prohibiting or restricting the sale or distribution of the tickets is printed if the sale is-- 25 (a) of 5 or less tickets; and (b) at a premium price, being a price that-- (i) in the case of more than one ticket being sold, exceeds the combined face value purchase price of all 30 those tickets; 571082B.I-19/2/2013 15 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 3--Aerial Advertising and Sports Event Ticketing Amendments s. 22 (ii) in the case of one ticket being sold, exceeds its face value purchase price. Penalty: 30 penalty units. 5 (2) Nothing in this section limits the operation of section 166. 166B Advertising for resale of 5 or less tickets at a premium (1) A person who is not authorised to do so must 10 not advertise or offer for resale tickets for a sports ticketing event on which a ticket condition under an approved ticket scheme prohibiting or restricting the sale or distribution of the tickets is printed if the 15 advertisement or offering for resale is-- (a) for 5 or less tickets; and (b) at a premium price, being a price that-- (i) in the case of more than one ticket being sold, exceeds the combined 20 face value purchase price of all those tickets; (ii) in the case of one ticket being sold, exceeds its face value purchase price. 25 Penalty: 30 penalty units. (2) Nothing in this section limits the operation of section 166.". 571082B.I-19/2/2013 16 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 3--Aerial Advertising and Sports Event Ticketing Amendments s. 23 23 Section 167 substituted and new sections 167A to 167F inserted For section 167 of the Principal Act substitute-- "167 Who can commence proceedings for 5 offences? (1) A proceeding for an offence against this Part may be commenced by-- (a) the Secretary; or (b) a person authorised in writing by the 10 Secretary for the purposes of this section; or (c) the Director of Public Prosecutions; or (d) a member of the police force. (2) A proceeding commenced under subsection 15 (1) may be taken over and continued at any time by any other person authorised by subsection (1) to commence proceedings. (3) In a proceeding for an offence against this Part, it must be presumed, in the absence of 20 evidence to the contrary, that the person commencing the proceeding was authorised to commence the proceeding. 167A Infringement notices, penalties and offences for this Part 25 (1) A member of the police force may serve an infringement notice on a person who the member of the police force has reason to believe has committed an offence against section 166A or 166B. 30 (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. 571082B.I-19/2/2013 17 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 3--Aerial Advertising and Sports Event Ticketing Amendments s. 23 (3) The infringement penalty for an offence against section 166A or 166B is 5 penalty units. (4) For the purposes of this section, an 5 infringement notice-- (a) must be in the form required by section 13 of the Infringements Act 2006; and (b) must also state that payment of the 10 infringement penalty for the infringement offence will result in the forfeiture of any ticket to which the infringement offence relates. 167B Seizure of tickets 15 (1) Subject to the requirements of this section, if a member of the police force believes on reasonable grounds that a person has committed, is committing or is about to commit an offence against section 166, 166A 20 or 166B, the member of the police force may seize any tickets to which the offence relates from a person who allegedly has committed, is committing or is about to commit an offence against section 166, 166A or 166B 25 (a scalper). (2) Subject to the requirements of this section, if a member of the police force serves an infringement notice on a person for an infringement offence against section 166A 30 or 166B, the member of the police force may seize any tickets to which the offence relates from a scalper. (3) Before a member of the police force seizes tickets under subsection (1) or (2), the 35 member must-- 571082B.I-19/2/2013 18 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 3--Aerial Advertising and Sports Event Ticketing Amendments s. 23 (a) inform the person of the member's name, rank and place of duty; and (b) if requested by the person, provide the information referred to in paragraph (a) 5 in writing; and (c) produce the member's identification for inspection by the person, unless the member is in uniform; and (d) inform the person of the intended 10 seizure and the member's power to seize tickets under this section. (4) A member of the police force is not required to comply with subsection (3) if the member believes on reasonable grounds that it is 15 impracticable to do so. (5) If a member of the police force seizes any tickets under this section from a scalper, the member of the police force must give that person a written receipt for the tickets seized 20 indicating-- (a) the details of the tickets seized; and (b) the date and time that the member of the police force took possession of the tickets; and 25 (c) the name and rank of the member of the police force who seized the tickets. (6) A receipt referred to in subsection (5) must be given-- (a) if possible, immediately; or 30 (b) if it is not possible to do so immediately, as soon as is reasonably practicable. 571082B.I-19/2/2013 19 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 3--Aerial Advertising and Sports Event Ticketing Amendments s. 23 167C Temporary surrender of tickets by purchaser for evidentiary purposes (1) A member of the police force may request that a person who purchased, is purchasing 5 or is about to purchase a ticket (a purchaser) from a person who allegedly has committed, is committing or is about to commit an offence against section 166, 166A or 166B to surrender the ticket for inspection by the 10 member of the police force. (2) If a purchaser surrenders a ticket under subsection (1), the member of the police force-- (a) may arrange for a photograph or other 15 image or recording of the ticket to be made; and (b) must record the details of the ticket and its surrender; and (c) may ask for the purchaser's name and 20 address; and (d) must return the ticket to the purchaser as soon as the applicable requirements of paragraphs (a) to (c) have been met. 167D Police may retain tickets seized from 25 scalper for purpose of proceedings Without limiting any other power in relation to proceedings for an offence, including the enforcement of an infringement offence, if a member of the police force seizes any ticket 30 under section 167B from a scalper, that member-- (a) may retain the ticket for the purposes of-- (i) proceedings for an offence against 35 section 166, 166A or 166B; or 571082B.I-19/2/2013 20 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 3--Aerial Advertising and Sports Event Ticketing Amendments s. 23 (ii) enforcement of an infringement offence against section 166A or 166B; and (b) must otherwise deal with that ticket in 5 accordance with law. 167E Application by scalper to Magistrates' Court for return of tickets (1) A person referred to in section 167B(1) or (2) from whom any ticket has been seized 10 under section 167B may apply to the Magistrates' Court for the return of that ticket. (2) An application under subsection (1) may be made at any time after the seizure, but must 15 not be made if-- (a) proceedings for an offence against section 166, 166A or 166B have been commenced and are ongoing in respect of that seized ticket; or 20 (b) the person on whom an infringement notice has been served for an infringement offence against section 166A or 166B has expiated that offence by payment of the 25 infringement penalty in accordance with the Infringements Act 2006. (3) On an application under subsection (1), the Magistrates' Court may make any of the following orders or any combination of those 30 orders-- (a) an order for the return of the ticket; (b) an order for the return of the ticket subject to any specified conditions; (c) any other order it considers appropriate. 571082B.I-19/2/2013 21 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 3--Aerial Advertising and Sports Event Ticketing Amendments s. 24 167F Forfeiture to the Crown (1) If a person is found guilty of an offence against section 166, 166A or 166B, any ticket to which the offence relates which has 5 been seized under section 167B is taken to be forfeited to the Crown. (2) Despite anything to the contrary in Division 5 of Part 2 of the Infringements Act 2006, if a person on whom an 10 infringement notice has been served for an infringement offence against section 166A or 166B expiates that offence by payment of the infringement penalty in accordance with that Act, any ticket to which the 15 infringement offence relates which has been seized under section 167B is taken to be forfeited to the Crown. (3) The Minister may direct that any tickets forfeited to the Crown under this section be 20 disposed of in any manner that the Minister thinks fit, including destruction.". 24 Court order to answer questions or produce information or documents and seizure of documents under the order 25 Sections 172 and 173 of the Principal Act are repealed. 25 Protection against self-incrimination In section 176 of the Principal Act omit "(other than produce a document)". __________________ 571082B.I-19/2/2013 22 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 4--Miscellaneous Amendments s. 26 PART 4--MISCELLANEOUS AMENDMENTS 26 Major sporting events guidelines (1) In section 25(1) of the Principal Act-- (a) after "sporting events" insert "or venue 5 managers of event venues"; (b) after paragraph (c) insert-- "(ca) crowd management;". (2) After section 25(1) of the Principal Act insert-- "(1A) A guideline made under subsection (1)(ca) 10 does not apply to an authorised officer who is a member of the police force.". 27 Noise and light In section 100 of the Principal Act for "Health Act 1958" substitute "Public Health and 15 Wellbeing Act 2008". 28 Repeal of Division 1 of Part 13 Division 1 of Part 13 of the Principal Act is repealed. 29 New section 205A inserted 20 After section 205 of the Principal Act insert-- "205A Major Sporting Events Amendment Act 2013--transitional provisions (1) A major sporting event order made under section 7(1) and in force immediately before 25 the commencement of section 4(1) of the Major Sporting Events Amendment Act 2013 continues, on and from that commencement, to have effect until it expires despite any inconsistency with this 30 Act. 571082B.I-19/2/2013 23 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 4--Miscellaneous Amendments s. 29 (2) Section 87(2)(a) as amended by section 11 of the Major Sporting Events Amendment Act 2013 applies only to an offence against section 67(2), 67A(1), 67A(2), 85(1), 85(2) 5 or 85(3) alleged to have been committed on or after the commencement of section 11 of that Act. (3) For the purposes of subsection (2), if an offence is alleged to have been committed 10 between 2 dates, one before and one after the commencement of section 11 of the Major Sporting Events Amendment Act 2013, the alleged offence is taken to have been committed before that commencement. 15 (4) Sections 167B to 167F apply only to an offence against section 166 alleged to have been committed on or after the commencement of section 23 of the Major Sporting Events Amendment Act 2013. 20 (5) For the purposes of subsection (4), if an offence against section 166 is alleged to have been committed between 2 dates, one before and one after the commencement of section 23 of the Major Sporting Events 25 Amendment Act 2013, the alleged offence is taken to have been committed before that commencement.". __________________ 571082B.I-19/2/2013 24 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Part 5--Repeal of Amending Act s. 30 PART 5--REPEAL OF AMENDING ACT 30 Repeal of amending Act This Act is repealed on 1 December 2014. Note 5 The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 571082B.I-19/2/2013 25 BILL LA INTRODUCTION 19/2/2013

 


 

Major Sporting Events Amendment Bill 2013 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571082B.I-19/2/2013 26 BILL LA INTRODUCTION 19/2/2013

 


 

 


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