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This is a Bill, not an Act. For current law, see the Acts databases.


MAJOR EVENTS (AERIAL ADVERTISING) BILL 2008

                     Western Australia


Major Events (Aerial Advertising) Bill 2008

                        CONTENTS


       Part 1 -- Preliminary
 1.    Short title                                             2
 2.    Commencement                                            2
 3.    Terms used in this Act                                  2
       Part 2 -- Event order
 4.    Application for event order or variation of an event
       order                                                   4
 5.    Event orders                                            4
 6.    Notice of decision to be given                          5
 7.    Review                                                  5
 8.    Variation order                                         6
 9.    When order takes effect                                 6
 10.   Refund of fee for application for an event order        6
 11.   Offence to display unauthorised aerial advertising      7
       Part 3 -- Civil remedies
 12.   Injunctions to restrain conduct                         8
 13.   Power to rescind or vary injunctions                    9
 14.   Action for damages                                      9
       Part 4 -- Miscellaneous
 15.   Bringing proceedings                                   11
 16.   Liability of certain officers of body corporate:
       offences                                               11
 17.   Regulations                                            12
       Defined Terms




                           286--1                              page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY



   Major Events (Aerial Advertising) Bill 2008


                               A Bill for


An Act to provide for the control of aerial advertising at major
events, and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                                   page 1
     Major Events (Aerial Advertising) Bill 2008
     Part 1         Preliminary

     s. 1



                            Part 1 -- Preliminary
     1.       Short title
              This is the Major Events (Aerial Advertising) Act 2008.

     2.       Commencement
 5            This Act comes into operation as follows:
                (a)   sections 1 and 2 -- on the day on which this Act
                      receives the Royal Assent;
                (b)   the rest of the Act -- on a day fixed by proclamation,
                      and different days may be fixed for different provisions.

10   3.       Terms used in this Act
              In this Act --
              "advertising" means bringing to the attention of the public or a
                   section of the public --
                   (a) the availability of goods or services; or
15                 (b) the name of a brand of goods or services or a person
                         who provides goods or services;
              "aerial advertising" includes --
                   (a) advertising by skywriting or sign-writing by an
                         aircraft; or
20                 (b) advertising on a banner or other sign towed by or
                         attached to an aircraft; or
                   (c) advertising on an aircraft, other than its normal
                         markings or livery identifying the manufacturer of
                         that aircraft; or
25                 (d) advertising on --
                           (i) a hang glider, parachute, paraglider or similar
                                 device, other than its normal markings; or




     page 2
                             Major Events (Aerial Advertising) Bill 2008
                                            Preliminary           Part 1

                                                                      s. 3



                 (ii)   a banner or sign attached to a hang glider,
                        parachute, paraglider or similar device;
                or
          (e) advertising on a banner or sign attached to a person
 5              suspended from a hang glider, parachute, paraglider
                or similar device; or
           (f) a laser or digital projection of an advertisement into
                the sky;
     "aircraft" includes an airship, a blimp, a hot-air balloon, a
10        helicopter or an ultra-light aircraft;
     "CEO" means the chief executive officer of the department of
          the Public Service principally assisting in the
          administration of this Act;
     "event order" means an order made under section 5 as
15        amended by any variation order;
     "event organiser", in relation to an event specified in an event
          order, means the person or body specified in the order as
          the organiser of the event;
     "officer", in relation to a body corporate, has the meaning given
20        to "officer" of a corporation in the Corporations Act 2001
          (Commonwealth) section 9 but does not include an
          employee of the body corporate unless the employee is
          concerned in the management of the body corporate;
     "specified event" means an event specified in an event order;
25   "specified time", in relation to an event specified in an event
          order, means the starting time and the finishing time in
          respect of each day of the event;
     "specified venue" means the place specified in an event order
          at which an event is to be conducted;
30   "variation order" means an order made under section 8.




                                                                 page 3
     Major Events (Aerial Advertising) Bill 2008
     Part 2         Event order

     s. 4



                             Part 2 -- Event order
     4.         Application for event order or variation of an event order
                An application for an event order or to vary an event order is
                to be --
 5                (a) in writing; and
                  (b) made in a manner and form approved in writing by the
                       CEO; and
                  (c) accompanied by the application fee, if any, prescribed.

     5.         Event orders
10        (1)   On an application under section 4, the Minister may, by order
                published in the Gazette, declare an event specified in the order
                to be an event for the purposes of this Act.
          (2)   Before making an order, the Minister --
                 (a) must be satisfied that --
15                        (i) the event is a major event at the international or
                              national level; and
                         (ii) the event has commercial arrangements that are
                              likely to be adversely affected by unauthorised
                              aerial advertising; and
20                      (iii) the operations of the event are likely to be
                              adversely affected by aerial advertising that is
                              not authorised by the event organiser;
                       and
                 (b) must have regard to --
25                        (i) the number of people who might attend the
                              event; and
                         (ii) the likely media coverage of the event; and
                        (iii) the projected economic benefit of the event to the
                              State; and



     page 4
                                        Major Events (Aerial Advertising) Bill 2008
                                                       Event order           Part 2

                                                                                   s. 6



                         (iv)   the contribution to the State's national and
                                international profile as a host of major events.
          (3)   An event order must specify --
                 (a) the day on which the event is to be conducted; and
 5               (b) the place at which the event is to be conducted; and
                 (c) the starting time and the finishing time in respect of each
                      day of the event; and
                 (d) the organiser for the event; and
                 (e) the manner in which the event organiser must publicise
10                    that the event is covered by the event order; and
                  (f) any conditions to which the order is subject.
          (4)   Failure to publicise that an event is covered by the event order
                in accordance with subsection (3)(e) does not render the event
                order void.

15   6.         Notice of decision to be given
                If the Minister decides to refuse to declare an event to be an
                event for the purposes of this Act, he or she is to --
                  (a) record the grounds on which the decision was based;
                        and
20                (b) record the reasons for the decision; and
                  (c) as soon as is practicable, but in any case not later than
                        30 days after making the decision, give written notice of
                        the decision, together with those grounds and reasons, to
                        the person who made the application for the declaration
25                      under section 4.

     7.         Review
                A person who is aggrieved by a decision referred to in section 6
                may apply to the State Administrative Tribunal for a review of
                the decision.



                                                                             page 5
     Major Events (Aerial Advertising) Bill 2008
     Part 2         Event order

     s. 8



     8.          Variation order
           (1)   The Minister may, by order published in the Gazette, change
                 any of the following --
                   (a) the specified venue in relation to a specified event;
 5                 (b) the specified time in relation to a specified event;
                   (c) the event organiser in relation to a specified event.
           (2)   A variation order must specify whether the change specified in
                 the order is ongoing or, if the change is for a limited period, the
                 period during which the change applies.
10         (3)   A variation order that changes a specified venue in relation to a
                 specified event must state the new venue in relation to the
                 specified event.
           (4)   A variation order that changes the specified time in relation to a
                 specified event must state the new specified time in relation to
15               each day of the specified event.
           (5)   A variation order that changes the event organiser in relation to
                 a specified event must state the new event organiser in relation
                 to the specified event.

     9.          When order takes effect
20               An event order or a variation order takes effect --
                  (a) on the day of its publication in the Gazette; or
                  (b) if a later day is specified in the order, on that day.

     10.         Refund of fee for application for an event order
           (1)   The Minister, after taking into account the economic benefit to
25               the State of an event in relation to which an event order has
                 been made, may waive the fee payable under section 4(c) or
                 direct that the whole or a specified part of a fee paid under
                 section 4(c) be refunded to the applicant for the order.




     page 6
                                        Major Events (Aerial Advertising) Bill 2008
                                                       Event order           Part 2

                                                                               s. 11



           (2)   Subsection (1) applies in relation to an application for an event
                 order made on or after 1 July 2009.

     11.         Offence to display unauthorised aerial advertising
           (1)   A person must not display aerial advertising, or cause aerial
 5               advertising to be displayed, within sight of a specified venue
                 during the specified time in relation to a specified event being
                 conducted at the venue unless the display is in accordance
                 with --
                   (a) a written authorisation of the event organiser to display,
10                       or cause, aerial advertising to be displayed at the event;
                         or
                   (b) a condition specified under section 5(3)(f); or
                   (c) an event order for another specified event at another
                         specified venue.
15               Penalty: a fine of $250 000.
           (2)   Subsection (1) does not apply to a person who flies an aircraft
                 within sight of a specified venue during the specified time in
                 relation to a specified event being conducted at the venue --
                   (a) in an emergency; or
20                 (b) if the aircraft is used for, or in, the provision of
                         emergency services.
           (3)   Proceedings for a contravention of subsection (1) are to be dealt
                 with by a court constituted by a magistrate.




                                                                             page 7
     Major Events (Aerial Advertising) Bill 2008
     Part 3         Civil remedies

     s. 12



                             Part 3 -- Civil remedies
     12.         Injunctions to restrain conduct
           (1)   The Minister or an event organiser may apply to the Supreme
                 Court for the grant of an injunction restraining a person from
 5               engaging in conduct that constitutes --
                   (a) a contravention of section 11; or
                   (b) attempting or conspiring to contravene section 11; or
                   (c) aiding, abetting, counselling or procuring a person to
                        contravene section 11; or
10                 (d) inducing or attempting to induce a person, whether by
                        threats, promises or otherwise, to contravene section 11;
                        or
                   (e) being in any way directly or indirectly, knowingly
                        concerned in, or party to, the contravention by a person
15                      of section 11.
           (2)   On an application under subsection (1), the Court may grant an
                 injunction restraining a person from engaging in conduct of the
                 kind mentioned in subsection (1)(a) to (e) --
                   (a) if the Court is satisfied that the person is engaging in, or
20                       has been engaging in, conduct of that kind, whether or
                         not it appears to the Court that the person intends to
                         engage in the conduct again or to continue to engage in
                         the conduct; or
                   (b) if it appears to the Court that, in the event that the
25                       injunction is not granted, it is likely that the person will
                         engage in conduct of that kind, whether or not that
                         person has previously engaged in conduct of that kind
                         and whether or not there is an imminent danger of
                         substantial damage to any person if the first-mentioned
30                       person engages in conduct of that kind; or




     page 8
                                        Major Events (Aerial Advertising) Bill 2008
                                                    Civil remedies           Part 3

                                                                              s. 13



                  (c)   if the Court considers it to be appropriate, by consent of
                        all the parties to the proceeding, whether or not the
                        person has engaged in, or is likely to engage in, conduct
                        of that kind.
 5         (3)   Pending the determination of an application under this section,
                 the Court may grant an interim injunction if, in the opinion of
                 the Court, it is desirable to do so --
                   (a) whether or not it appears to the Court that the person
                        intends to engage in or continue to engage in conduct of
10                      the kind mentioned in subsection (1)(a) to (e); or
                  (b)   whether or not the person has previously engaged in
                        conduct of that kind and whether or not there is an
                        imminent danger of substantial damage to any person if
                        the first-mentioned person engages in conduct of that
15                      kind.

     13.         Power to rescind or vary injunctions
                 The Supreme Court may rescind or vary an injunction granted
                 under section 12(2).

     14.         Action for damages
20         (1)   If any person suffers any loss, injury or damage because of a
                 contravention of section 11, the person may recover the amount
                 of the loss, injury or damage, or damages in respect of the loss,
                 injury or damage, by proceeding against one or more of the
                 following --
25                 (a) a person who has aided, abetted, counselled or procured
                          the contravention;
                   (b) a person who has induced, whether by threats or
                          promises or otherwise, the contravention;
                   (c) a person who has been in any way, directly or indirectly,
30                        knowingly concerned in, or a party to, the contravention;
                   (d) a person who has conspired with others to effect the
                          contravention.

                                                                            page 9
     Major Events (Aerial Advertising) Bill 2008
     Part 3         Civil remedies

     s. 14



        (2)    Without limiting the powers of the court under subsection (1),
               an order made by the court under this section may include the
               recovery of future losses as a result of the potential loss of
               sponsorship of an event.
 5      (3)    A proceeding under this section may be brought in any court of
               competent jurisdiction.
        (4)    A proceeding under subsection (1) must not be commenced
               more than 3 years after the date on which the cause of action
               accrued.
10      (5)    A court may make an order under this section whether or not an
               injunction is granted under section 12(2).




     page 10
                                        Major Events (Aerial Advertising) Bill 2008
                                                    Miscellaneous            Part 4

                                                                              s. 15



                             Part 4 -- Miscellaneous
     15.         Bringing proceedings
           (1)   Proceedings for an offence under this Act may be brought by --
                   (a) the CEO; or
 5                 (b) a person authorised in writing by the CEO for the
                        purposes of this section.
           (2)   In proceedings for an offence under this Act it must be
                 presumed, in the absence of evidence to the contrary, that the
                 person bringing the proceedings was authorised to bring the
10               proceedings.

     16.         Liability of certain officers of body corporate: offences
           (1)   If a body corporate is charged with an offence under this Act,
                 every person who was an officer of the body corporate at the
                 time of the alleged offence may also be charged with the
15               offence.
           (2)   If a body corporate and an officer are charged as permitted by
                 subsection (1) and the body corporate is convicted of the
                 offence, the officer is to be taken to have also committed the
                 offence, subject to subsection (5).
20         (3)   If a body corporate commits an offence under this Act, then,
                 although the body corporate is not charged with the offence,
                 every person who was an officer of the body corporate at the
                 time the offence was committed may be charged with the
                 offence.
25         (4)   If an officer is charged as permitted by subsection (3) and it is
                 proved that the body corporate committed the offence, the
                 officer is to be taken to have also committed the offence, subject
                 to subsection (5).




                                                                           page 11
     Major Events (Aerial Advertising) Bill 2008
     Part 4         Miscellaneous

     s. 17



           (5)   If under this section an officer is charged with an offence it is a
                 defence to prove --
                   (a) that the offence was committed without the officer's
                         consent or connivance; and
 5                 (b) that the officer took all the measures to prevent the
                         commission of the offence that he or she could
                         reasonably be expected to have taken having regard to
                         the officer's functions and to all the circumstances.

     17.         Regulations
10               The Governor may make regulations prescribing all matters that
                 are required or permitted by this Act to be prescribed, or are
                 necessary or convenient to be prescribed for giving effect to the
                 purposes of this Act.




     page 12
                                              Major Events (Aerial Advertising) Bill 2008



                                                                                              Defined Terms



                                      Defined Terms
      [This is a list of terms defined and the provisions where they are defined.
                             The list is not part of the law.]
Defined Term                                                                                         Provision(s)
advertising ....................................................................................................... 3
aerial advertising.............................................................................................. 3
aircraft ............................................................................................................. 3
CEO ................................................................................................................ 3
event order....................................................................................................... 3
event organiser................................................................................................. 3
officer.............................................................................................................. 3
specified event ................................................................................................. 3
specified time................................................................................................... 3
specified venue ................................................................................................ 3
variation order.................................................................................................. 3




 


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