Victorian Numbered Acts Victorian Numbered ActsAfter section 89 of the Principal Act insert —
(1) The Secretary may appoint a person to be an authorised officer if—
(a) the person holds under the Private Security Act 2004 —
(i) a private security business licence that authorises that person to carry on the business of providing the services of other persons to act as a security guard or a crowd controller; or
(ii) a private security individual operator licence that authorises that person to act as a security guard or a crowd controller; or
(b) the person is a person who the Secretary believes has the appropriate skills, knowledge or experience to be appointed as an authorised officer; or
(c) the person is a member of a class of person appropriate to be appointed as an authorised officer.
(2) An appointment under sub-section (1)—
(a) must be in writing; and
(b) must specify the terms and conditions on which the person is appointed; and
(c) may specify particular Championships venues or designated access areas in which the person may exercise powers, functions or duties as an authorised officer.
(3) The Secretary may require an authorised officer appointed under this section to undertake specified training before exercising any powers, functions or duties under this Act.
(1) The Secretary must issue to each person appointed as an authorised officer an identity card that—
(a) contains a photograph of the person; and
(b) states the full name of the
person to whom it is issued; and
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(c) states that the person is an authorised officer for the purposes of this Act.
(2) An authorised officer must produce his or her identity card for inspection at any time during the exercise of a power under this Act, if asked to do so.
(3) If a person appointed to be an authorised officer proposes to exercise the functions of an authorised officer and fails to produce on demand his or her identity card, the person is not authorised to exercise those functions in relation to the person making the demand.
(4) In any proceedings under this Act, an identity card purporting to be issued to a person by the Secretary under this Division is evidence of the appointment of that person as an authorised officer.
A person must not obstruct or hinder an authorised officer in the exercise of his or her powers, functions or duties under this Act.
Penalty: 60 penalty units.
A person must not impersonate an authorised officer.
Penalty: 60 penalty units.
The Secretary, in writing, may delegate any of the powers conferred on the Secretary under this Division, other than this power of delegation, to—
(a) a person employed under Part 3 of the Public Administration Act 2004 as an executive within the meaning of that Act; or
(b) a body corporate established under an Act for a public purpose.
(1) An authorised officer may require a person to give his or her name and address to the authorised officer if the authorised officer believes on reasonable grounds that the person has committed an offence against section 88G, 88H, 88I, 88Q, 88S, 88T, 88U or 88V.
(2) Before requiring a person to state his or her name and address, an authorised officer must—
(a) produce his or her identity card; and
(b) inform the person that the authorised officer believes that the person has committed an offence against section 88G, 88H, 88I, 88Q, 88S, 88T, 88U or 88V (as the case requires); and
(c) inform the person that it is an offence against this Act—
(i) to fail or refuse to give his or her name and address to an authorised officer when directed to do so; or
(ii) to give a false or misleading name and address to an authorised officer.
(1) A person in a Championships venue or designated access area must not fail or refuse to give his or her name and address to an authorised officer when required to do so under section 89F.
Penalty: 5 penalty units.
(2) A person in a Championships venue or
designated access area must not give a false or misleading name and address to
an authorised officer when required to give his or her name and address under
section 89F.
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Penalty: 5 penalty units.
(1) An authorised officer or a member of the police force may—
(a) request a person to produce and open for inspection and search by an authorised officer any bag, basket or other receptacle that the person intends to take into, or has in, a Championships venue or a designated access area;
(b) request a person to produce and empty of its contents any bag, basket or other receptacle that the person intends to take into, or has in, a Championships venue or a designated access area;
(c) request a person who intends to enter or has entered a Championships venue or a designated access area to turn out that person's pockets;
(d) request a person who intends to enter a Championships venue or a designated access area—
(i) to walk through screening equipment; and
(ii) to allow an authorised officer or member of the police force to pass hand-held screening equipment over or around the person or around things in the person's possession; and
(iii) to allow things in the person's possession to pass through screening equipment or to be examined by x-ray.
(2) If a request under sub-section (1)(b) or (1)(c) is made of a person by an authorised officer or a member of the police force—
(a) the person may request that the inspection be conducted in private; and
(b) the authorised officer or member of the police force must conduct the inspection in a private area set aside by the Corporation or the Secretary for that purpose.
(3) For the purposes of inspection and search
under this section, an authorised officer or a member of the police force
may—
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(a) search through any bag, basket or other receptacle; or
(b) search through and move the contents of that bag, basket or other receptacle; or
(c) search through and move the contents of a person's pockets turned out in accordance with sub-section (1)(c).
(4) An authorised officer or a member of the police force may direct a person not to enter the Championships venue or the designated access area for a period of 24 hours if the person refuses to comply with a request made under sub-section (1).
(5) An authorised officer or a member of the police force may direct a person who is in a Championships venue or a designated access area and who refuses to comply with a request under sub-section (1)—
(a) to leave the Championships venue or the designated access area, as the case requires; and
(b) not to re-enter that venue or area for a period of 24 hours.
(6) In this section, "screening equipment" means a metal detector or similar device for detecting objects or particular substances.
(7) Nothing in this section affects the operation of section 8G or 10 of the Control of Weapons Act 1990 .
(1) Subject to sub-section (2), an authorised officer or a member of the police force may direct a person to leave and not re-enter or not to enter a Championships venue or the designated access area if the authorised officer or a member of the police force (as the case requires)—
(a) believes on reasonable grounds that the person has committed an offence against section 50T or 50U or a provision of Division 1 of Part 6A of this Act; and
(b) has informed the person that the officer or member has formed the belief referred to in paragraph (a); and
(c) has, prior to making the direction, requested that person to leave and not re-enter or not to enter the Championships venue or the designated access area and that person has refused to leave or has entered or re-entered.
(2) An authorised officer or a member of the police force must—
(a) produce proof of his or her identity and official status before exercising a power under sub-section (1) unless, in the case of a member of the police force, the member is in uniform; and
(b) inform the person that—
(i) the
authorised officer or member of the police force (as the case requires) is
empowered to direct the person to leave and not re-enter or not to enter the
Championships venue or the designated access area; and
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(ii) it is an offence to fail to comply with the direction; and
(c) make all reasonable attempts to ensure that the person understands the direction.
(3) A direction under sub-section (1) may apply to—
(a) the whole of a Championships venue or the designated access area; or
(b) any part of a Championships venue or the designated access area.
(4) A direction under sub-section (1)—
(a) must specify a period, not exceeding 24 hours, for which the direction applies; and
(b) may be given in either or both of the following ways—
(i) orally;
(ii) in writing by serving it on the person to whom it applies either personally or by post.
(1) A person must not, contrary to a direction given by an authorised officer or a member of the police force under section 88Z, 89H or 89I—
(a) enter the Championships venue or designated access area for a period of 24 hours; or
(b) attempt to enter the Championships venue or designated access area for a period of 24 hours.
Penalty: 20 penalty units.
(2) A person must leave a Championships venue or a designated access area immediately after being directed to do so by an authorised officer or a member of the police force under section 88Y, 88Z, 89H or 89I.
Penalty: 20 penalty units.
(3) A person who has left a Championships venue or a designated access area after being directed to do so by an authorised officer or a member of the police force under section 88Y, 88Z, 89H or 89I must not—
(a) enter or re-enter the Championships venue or designated access area for a period of 24 hours; or
(b) attempt to enter or re-enter the Championships venue or designated access area for a period of 24 hours.
Penalty: 20 penalty units.
(4) Despite sub-sections (1), (2) and (3), it is not an offence for a person to fail to comply with a direction given by an authorised officer or a member of the police force under section 89I if the authorised officer or member of the police force (as the case requires) did not comply with section 89I(2).
(1) A member of the police force, using no more force than is reasonably necessary, may—
(a) prevent a person from entering or attempting to enter a Championships venue or the designated access area contrary to a direction under section 88Z, 89H or 89I;
(b) remove a person from a Championships venue or the designated access area after the person has refused to comply with a direction under section 88Y, 88Z, 89H or 89I;
(c) prevent a person from re-entering or attempting to re-enter a Championships venue or the designated access area contrary to a direction under section 88Y, 88Z, 89H or 89I.
(2) Nothing in this section limits any powers of arrest that a member of the police force has under any other law.
(3) Any action taken under this section does not prevent the institution of proceedings in respect of an offence.
(1) If a member of the police force suspects on reasonable
grounds that a person who has previously been given a direction to leave or
not enter a Championships venue or the designated access area under section
89I is likely to disrupt a Championships event, the member of the police force
may apply to the Magistrates' Court for an order prohibiting the person from
entering any Championships venue or any designated access area (either wholly
or in part) during the event period (as the case requires).
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(2) A member of the police force making an application under sub-section (1) must serve notice of that application on the person in respect of whom the application is made.
(3) On an application under sub-section (1), the Magistrates' Court may make an order prohibiting the person in respect of whom the application is made from entering a Championships venue or a designated access area during all or part of the event period if the Court is satisfied on the balance of probabilities that—
(a) the person was served with notice of the application under sub-section (2); and
(b) the person has received a direction under section 89I; and
(c) the person is likely to disrupt a Championships event.
(4) The Magistrates' Court order must specify—
(a) the Championships venue or the
designated access area or part of the venue or area in respect of which the
order is made; and
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(b) the Championships event in respect of which the order is made and the period for which the order is in force.
(5) A person to whom an order under this section applies must not enter a Championships venue or the designated access area in contravention of that order.
Penalty: 60 penalty units.
(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 88B, 88C, 88G, 88H, 88I, 88N, 88Q, 88S, 88T, 88U, 88V, 88W or 89J(1), (2) or (3) or the regulations.
(2) An authorised officer may serve an infringement notice on a person who the authorised officer has reason to believe has committed an offence against section 88S, 88T, 88U or 88V or the regulations.
(3) An offence referred to in sub-section (1) or (2) for which an infringement notice may be served, is, on and from the commencement of the Infringements Act 2006 , an infringement offence within the meaning of that Act.
(4) The infringement penalty for an offence—
(a) against sections 88C, 88G, 88H, 88I, 88N, 88Q, 88S, 88T, 88U, 88V, 88W and 89J(1), (2) and (3) or against an offence in the regulations is 2 penalty units; and
(b) against section 88B is 3 penalty units.
No compensation is payable in respect of any loss, damage or injury, other than the death of, or personal or bodily injury to, a person, resulting from or arising out of any act or omission done in good faith by any person in the administration or purported administration of this Act or the regulations in relation to the management and conduct of—
(a) the Championships; or
(b) any Championships event or any associated event, activity or program; or
(c) any activity associated with or ancillary to the Championships, a Championships event or an associated event, activity or program.'.