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Major Events (Crowd Management) and
Commonwealth Games Arrangements Acts
(Crowd Safety Amendment) Bill
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the main purposes of the Bill which are to amend--
· the Major Events (Crowd Management) Act 2003 to
extend the application of the Act--
· to the Bob Jane Stadium and to international,
national and state football matches; and
· to enable additional venues to be declared as
managed venues under the Act; and
· to provide for additional enforcement powers;
and
· the Commonwealth Games Arrangements Act 2001
with respect to bag search powers.
Clause 2 provides for the commencement of the Bill on the day after the
day it receives the Royal Assent.
Clause 3 states that the Major Events (Crowd Management) Act 2003 is
called the Principal Act throughout the Bill.
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551362 BILL LA INTRODUCTION 5/10/2005
PART 2--VENUES AND MAJOR EVENTS
Clause 4 inserts in section 3(1) of the Principal Act definitions of terms
used in the Bill, including a definitions of "ban order" and
"football" which includes soccer. A definition of "prohibited
items" replaces the list of prohibited items in section 10 of the
Act and expands the list to include fireworks, horns and bugles.
The definition of "managed venue" is amended to include any
additional venues declared by Order under new section 5A.
Clause 5 amends section 4 of the Principal Act to add Bob Jane Stadium in
South Melbourne to the list of "managed venues" under the Act.
Clause 6 amends section 5 of the Principal Act to add international,
national or state league football matches held at managed venues
to the list of "major events" under the Act.
Clause 7 inserts section 5A in the Principal Act to enable the Minister to
declare additional venues to be managed venues as long as the
Minister is satisfied it is in the public interest and the venue
meets the criteria specified in the clause, including having the
capacity to host major events. If the proposed venue is on Crown
land the Minister must consult with the Minister responsible for
the Crown Land (Reserves) Act 1978. The Order must
specify--
· the land on which the venue is located, and this may be
done by a plan of survey or some other means; and
· the venue manager.
Clause 8 inserts section 6A in the Principal Act to specify that venue
managers must erect signs or notices to identify managed access
areas declared under the Act. The introduction of signs is
intended to alert people that they are in an area to which the Act
applies.
PART 3--OFFENCES AND ENFORCEMENT
Clause 9 amends section 9(1)(a) of the Principal Act to enable authorised
officers to search through bags on request.
Sub-clause (2) inserts section 9(1)(ab) and (ac) in the Principal
Act to expand bag search powers by enabling authorised officers
to request people to empty their bags or pockets for inspection
when they enter, or have entered, a managed venue or managed
access area.
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Sub-clause (3) inserts section 9(1A) and (1B) in the Principal
Act. Section 9(1A) provides that if a request under section
9(1)(ab) or 9(1)(ac) has been made of a person, that person may
request that the inspection be carried out in private in an area in
the venue set aside for this purpose. Section 9(1B) ensures that if
a person complies with a request to have their bag searched or to
turn out their bag or pockets, an authorised officer has the power
to search through the bag and to move the contents of that bag or
to move the contents of a person's turned out pockets to assist
with the search or inspection.
Clause 10 substitutes section 10 of the Principal Act with new sections 10,
10A, 10B and 10C. The new section 10 makes it an offence to
possess a prohibited item in a managed venue or managed access
area without written authorisation. A maximum penalty of
20 penalty units applies to this offence. Previously the
possession of items listed in section 10 was prohibited by that
section but possession of those items was not an offence.
The possession of items such as flares and fireworks is dealt
with separately under new sections 10A and 10B.
New section 10A in the Principal Act makes it an offence to
possess lit distress signals (such as flares) or lit fireworks in
managed venues or managed access areas without written
authorisation. A maximum penalty of 30 penalty units applies to
this offence.
New section 10B makes it an offence to possess unlit distress
signals or unlit fireworks in a managed venue or managed access
area without written authorisation. A maximum penalty of
20 penalty units applies.
New section 10C preserves the powers of venue managers to--
· prohibit items other than defined "prohibited items"; and
· authorise the possession of prohibited items.
These venue manager powers were originally set out in
section 10.
Clause 11 amends section 11(1) of the Principal Act to make it an offence
to possess alcohol in a managed venue or managed access area
that has not been purchased at that venue or access area.
A maximum penalty of 20 penalty units applies. Previously this
conduct was prohibited under section 11, but was not an offence.
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Clause 12 substitutes section 12(1) of the Principal Act to ensure that the
power of authorised officers under that section to request the
surrender of prohibited items extends to distress signals and
fireworks held in contravention of new sections 10A and 10B and
alcohol under section 11.
Clause 13 amends section 13(3)(b) of the Principal Act to add "fireworks"
to the list of surrendered items which must be destroyed if they
are not collected within 28 days, and to correct a reference as a
result of the amendment being made to section 10.
Clause 14 inserts sections 14A to 14I in the Principal Act to introduce a
new set of offences for disruptive and unacceptable conduct at
major event venues, and to set penalties for those offences.
Some of these offences are infringement offences as identified
under clause 18.
Section 14A makes it an offence to throw or kick projectiles such
as stones and bottles in a managed venue or managed access area,
unless the person is participating in, officiating or volunteering at
a match or event. A maximum penalty of 20 penalty units
applies.
Section 14B makes it an offence to damage or deface any
building, fence or structure in a managed venue or managed
access area. The maximum penalty for this offence is 20 penalty
units.
Section 14C makes it an offence to damage trees or plants in a
managed venue or managed access area. The maximum penalty
for this offence is 20 penalty units.
Section 14D makes it an offence to block stairs, aisles, entries or
exits in a managed venue or managed access area without
reasonable excuse. A maximum penalty of 10 penalty units
applies.
Section 14E makes it an offence, without reasonable excuse, to
climb on a fence, barrier or barricade that is situated in a
managed venue or managed access area, or that delineates the
boundaries of a venue or access area. A maximum penalty of
10 penalty units applies.
Section 14F makes it an offence in a managed venue or managed
access area, without reasonable excuse, to stand in a way that
deliberately obstructs the view of others seated in the immediate
vicinity. The maximum penalty for this offence is 10 penalty
units.
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Section 14G makes it an offence to climb on a roof or parapet of
any building in a managed venue or managed access area without
written authorisation. The maximum penalty for this offence is
10 penalty units.
Section 14H makes it an offence to throw a lit distress signal or
lit fireworks in a managed venue or managed access area without
written authorisation. The maximum penalty for this offence is
40 penalty units.
Section 14I enables an authorised officer to direct a person to
leave a venue or not enter a venue if--
· he or she believes on reasonable grounds that the person
has committed any of the offences in new sections 14A
to 14H; and
· has informed the person of that belief; and
· before making the direction, has asked the person to
leave or not enter, and the person has refused to leave or
not enter.
The direction applies for 24 hours and can be given orally or in
writing.
Clause 15 amends section 16(1), 16(2) and 16(3) of the Principal Act to
ensure that offences and penalties relating to "refusal to leave"
and "re-entry" under section 16 can be applied to any
contravention of a direction given under new section 14I.
The clause also amends section 16(4) to ensure that police
powers of removal can be activated in response to any
contravention of a direction under section 14I.
Clause 16 amends section 17 of the Principal Act to specify two new
offences under the Act as offences which can trigger the "repeat
offender" provisions under section 17--possessing prohibited
items (new section 10) and throwing lit distress signals or
fireworks (new section 14H).
Clause 17 inserts new section 17A in the Principal Act to provide courts
with an additional sentencing option whereby they can ban
offenders, including first time offenders, from venues and major
events for a period of up to 5 years.
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Section 17A(2) provides that a court may make a ban order
against a person (defined in the section as an "offender") who is
found guilty of--
· specified offences under the Principal Act including
throwing lit distress signals or fireworks, damaging
property and possessing prohibited or controlled
weapons;
· specified offences under--
· the Crimes Act 1958 including causing serious
injury, conduct endangering life and negligently
causing serious injury;
· common assault under the Summary Offences
Act 1966--
where such offences have been committed in a managed venue or
managed access area during a major event.
Section 17A(3) provides courts with the discretion to make one,
or a combination of, the following orders--
· an order banning the offender from the managed venue
and managed access area where the offence was
committed;
· an order banning the offender from attending specific
major events at the managed venue and managed access
area where the offence was committed;
· an order banning the offender from attending a category
of major events at any managed venues where those
events take place.
A ban order may be imposed for up to 5 years and must specify
the managed venue and managed access area to which the order
applies, the major event or events to which the order applies and
the period the order will be in force.
The section makes it is an offence to contravene a ban order and
imposes a maximum penalty of 60 penalty units for this offence.
The section also specifies that the powers of the court or the
Supreme Court, in relation to contempt of court, are not affected.
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Clause 18 amends section 18(1) of the Principal Act to specify new
infringement offences under the Act. In addition to the existing
infringement offence of entering a playing field under section
14(1), offences against sections 10A, 10B, 14A, 14B and 14C
and the offence of re-entry under section 16(3) are also specified
as infringement offences for which police may serve
infringement notices.
The clause inserts a new sub-section at the end of section 21 of
the Principal Act to specify that the infringement penalty for an
offence against section 10A (throwing lit distress signals or
fireworks) is 3 penalty units. The infringement penalty for all
other infringement offences is 2 penalty units.
PART 4--AMENDMENTS TO OTHER ACTS
Clause 19 makes a consequential amendment to the definition of
"sentencing order" in section 3(1) of the Magistrates' Court Act
1989, to make it clear that a ban order under the Principal Act is a
sentencing order for the purposes of the Sentencing Act 1991.
Clause 20 amends section 57AI(1)(a) of the Commonwealth Games
Arrangements Act 2001 to expand bag search powers by
allowing authorised officers and police to ask people to open
their bags so that they can be searched, as well as inspected, by
an authorised officer or police member.
Sub-clause (2) inserts section 57AI(1)(ab) in the Commonwealth
Games Arrangements Act 2001 to enable an authorised officer
or member of the police force to request people to empty their
bags for inspection when they enter, or have entered, a ticketed
venue.
Sub-clause (3) inserts section 57AI(1A) in the Commonwealth
Games Arrangements Act 2001 to ensure that if a person
complies with a request to have their bag searched or to turn out
their bag or pockets, authorised officers or members of the police
force have the power to search through the bag and to move the
contents of the bag or the contents of the person's turned out
pockets to assist with the search or inspection.
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