Victorian Numbered Acts Victorian Numbered ActsAfter Part 5 of the Principal Act insert —
(1) Subject to sub-section (3), for the purpose of enabling works to be carried out at a Championships venue or a designated access area, the Minister may temporarily close a road to traffic if the Minister considers it necessary to do so to enable those works to be carried out on the road or neighbouring land.
(2) Subject to sub-section (3), the Minister may temporarily close a road or part of a road to traffic generally or to a particular class of traffic if the Minister considers it necessary to do so—
(a) for the purposes of conducting a Championships event or an associated activity; or
(b) for any purpose associated with or ancillary to the conduct of that event or activity.
(3) The Minister must not temporarily close a road under sub-section (1) or (2) unless the Minister has consulted—
(a) with the Minister administering the Road Management Act 2004 ; and
(b) if the road is a road to which Division 2 of Part 9 of the Local Government Act 1989 applies, with the Minister administering that Act; and
(c) if the road is in a declared area within the meaning of the Australian Grands Prix Act 1994 , with the Minister administering that Act; and
(d) if the road is in the part of Albert Park that is not Melbourne Sports and Aquatic Centre land, with the Minister administering the Crown Land (Reserves) Act 1978 ; and
(e) if the road is in the part of Albert Park that is Melbourne Sports and Aquatic Centre land, with the Minister administering the State Sport Centres Act 1994 and the Minister administering the Crown Land (Reserves) Act 1978 .
(4) In this section, "traffic" means vehicular traffic, pedestrian traffic and all other kinds of traffic.
(1) For the purposes of preparation for the conducting of a Championships event or an associated activity which involves conducting a non-road activity within the meaning of section 99B of the Road Safety Act 1986 on a highway within the meaning of that Act, the Secretary is deemed to be a person to whom a permit under that section has been issued.
(2) For the purposes of conducting a Championships event or an associated activity which involves conducting a non-road activity within the meaning of section 99B of the Road Safety Act 1986 on a highway within the meaning of that Act, the Corporation is deemed to be a person to whom a permit under that section has been issued.
(1) Subject to sub-section (3), the Secretary may mark off or cause to be marked off as a restricted access area—
(a) any part of a Championships venue; or
(b) any part of a designated access area—
by—
(c) the use of fencing, barriers or other permanent or temporary means of physical demarcation; and
(d) erecting signs or causing signs to be erected on or in close proximity to the area stating—
(i) that the area is a restricted access area; and
(ii) the restrictions (if any) which apply in relation to that restricted access area.
(2) Without limiting sub-section (1), in the case of a restricted access area wholly or partly over water, that area may be indicated by buoys, signs on the shore, pontoons, ropes or any other suitable means.
(3) The Secretary must not mark off or cause to be marked off as a restricted access area any area in a declared area within the meaning of the Australian Grands Prix Act 1994 , during a race period within the meaning of that Act unless the Secretary has consulted with the Australian Grand Prix Corporation.
(4) If there is a dispute between the Secretary and the Australian Grand Prix Corporation about a restricted access area or a proposed restricted access area in a declared area within the meaning of the Australian Grands Prix Act 1994 during a race period within the meaning of that Act, the Secretary or the Australian Grand Prix Corporation may refer the matter to the Minister administering the Australian Grands Prix Act 1994 and the Minister administering this Act for a joint decision on the matter.
(5) In any proceedings under this Act, a certificate, signed by the Secretary, certifying that an area was a restricted access area is evidence of the facts stated in the certificate.
(1) The Corporation may authorise a person, a class of person or classes of persons to enter and remain on any part of a restricted access area during the event period for any of the following purposes or any combination of those purposes—
(a) the preparation or conduct of, or participation in, the Championships, a Championships event or any associated event, activity or program, including any works for those purposes;
(b) the carrying out of any activity
associated with or ancillary to the matters specified in paragraph (a),
including any works;
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(c) the use of any facilities at a Championships venue or designated access area during the event period.
(2) An authorisation under sub-section (1)—
(a) must be in writing; and
(b) must specify the person, class of person or classes of persons to whom the authorisation applies; and
(c) must specify the terms and conditions (if any) to which the authorisation is subject; and
(d) must specify—
(i) the period, being the event period or any specified part of the event period, during which the authorisation applies; and
(ii) the area to which the authorisation applies; and
(e) may be of general or limited application; and
(f) may differ according to differences in time, place or circumstance.
(1) The Secretary, by declaration, may authorise a person or a class of person or classes of persons to enter and remain on any part of a restricted access area for any of the following purposes or any combination of those purposes—
(a) the preparation or conduct of, or participation in, the Championships, a Championships event or any associated event, activity or program;
(b) the carrying out of any activity associated with or ancillary to the matters specified in paragraph (a), including any works;
(c) the use of any facilities at a Championships venue or designated access area.
(2) A declaration under sub-section (1)—
(a) must specify the person or class of person or classes of persons to whom the authorisation applies;
(b) must specify the terms and conditions (if any) to which the authorisation is subject;
(c) subject to paragraph (d), may specify—
(i) the period during which the authorisation applies; and
(ii) the area to which the authorisation applies;
(d) must not specify a period which
is the event period;
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Note: See section 50H.
(e) may be of general or limited application;
(f) may differ according to differences in time, place or circumstance.
(3) A declaration under sub-section (1) must be published in the Government Gazette.
(1) A person must not enter into or remain in any part of a restricted access area unless the person—
(a) is authorised under section 50H or 50I or otherwise under this Act; or
(b) is one of the following acting in the performance of his or her duties—
(i) a member of the police force; or
(ii) an employee in the public service within the meaning of the Public Administration Act 2004 ; or
(iii) an officer or employee of a public body; or
(c) is the owner of that land or a person authorised in writing by the owner.
Penalty: 10 penalty units.
(2) It is a defence to a charge brought under sub-section (1) against a person to prove that the person had a reasonable excuse for entering into or remaining in the restricted access area.
(1) The Secretary, a member of the police force or an authorised officer may warn any person who is not authorised under section 50H or 50I to be in a restricted access area or otherwise authorised under this Act to be in that area to leave any part of a restricted access area.
(2) Without limiting sub-section (1), during the event period, the Corporation may warn any person who is not authorised under section 50H or 50I to be in a restricted access area or otherwise authorised under this Act to be in that area to leave any part of a restricted access area.
(3) For the purposes of section 9(1) of the Summary Offences Act 1966 —
(a) the Secretary is deemed to be the occupier of the land concerned in exercising a power under sub-section (1); and
(b) without limiting paragraph (a), during the event period, the Corporation is deemed to be the occupier of the land concerned in exercising a power under sub-section (2).
An authorised officer or a member of the police force may direct any person who is not authorised under section 50H or 50I to be in a restricted access area or otherwise authorised under this Act to be in that area not to enter a restricted access area.
(1) A person must not in any way intentionally—
(a) interfere with or hinder; or
(b) cause any other person to
interfere with or hinder—
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the carrying out of any works at a Championships venue or in a designated access area for the purposes of the Championships.
Penalty: 10 penalty units.
(2) A person must not in any way intentionally—
(a) interfere with or hinder; or
(b) cause any other person to interfere with or hinder—
the entry into a restricted access area by a person authorised under section 50H or 50I or otherwise under this Act to do so.
Penalty: 10 penalty units.
(1) A person who is in a restricted access area, when asked to do so by a member of the police force or an authorised officer, must—
(a) produce an authorisation issued under section 50H or 50I or other evidence of that person's authority to be in that restricted access area; or
(b) give his or her name and address.
Penalty: 5 penalty units.
(2) A member of the police force or an authorised officer 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 under sub-section (1) to ask the person to produce evidence of that person's authority to enter into or remain in the restricted access area or to ask the person to give that person's name and address; and
(ii) it is an offence to fail to comply with the requirements of sub-section (1); and
(c) make all reasonable attempts to ensure that the person understands the requirement made under sub-section (1).
(3) It is not an offence for a person to fail to comply with sub-section (1) if the authorised officer or member of the police force (as the case requires) did not comply with sub-section (2).
(1) If a member of the police force believes on reasonable grounds that—
(a) an assembly is being carried on
in any part of—
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(i) a Championships venue; or
(ii) a designated access area; and
(b) the assembly is being carried on in a manner involving unlawful physical violence to persons or unlawful damage to property; and
(c) because of the number of persons involved in the assembly, it is not practicable to preserve or restore public order by arresting a person or persons involved in the assembly who is, or who are, committing an offence involving unlawful physical violence to persons or unlawful damage to property—
the member of the police force may remove that person or those persons from the Championships venue or the designated access area (as the case requires).
(2) A member of the police force may remove a person from a restricted access area if the member of the police force believes on reasonable grounds that—
(a) the person is not authorised to be in a restricted access area; and
(b) the person has been given a warning to leave the restricted access area under section 50K or has been directed under section 50L not to enter the area and the person has refused to comply with the warning or the direction, as the case requires.
(3) A member of the police force may, in order to
remove a person from an area, use such force as is reasonable in the
circumstances.
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(4) Nothing in this section limits any powers of arrest that a member of the police force has under any other law.
(5) Any action taken under this section does not prevent the institution of proceedings in respect of an offence.
Nothing in this Division prevents a person outside the event period—
(a) attending in a Championships venue or designated access area—
(i) a public entertainment;
(ii) a public sporting activity—
approved by the committee of management or other land manager of that area; or
(b) patronising a business that is permanently located in a Championships venue or designated access area.
(1) Subject to this Act, during the event period, the Secretary is responsible for the management and control of a Championships venue or designated access area for the purposes of—
(a) the Championships; and
(b) the management and conduct of Championships events or associated events, activities or programs; and
(c) carrying out activities ancillary to or associated with the Championships, Championships events or associated events, activities or programs; and
(d) carrying out any other functions or powers under this Act.
(2) Despite sub-section (1) and without limiting its other powers under this Act, the Corporation is responsible for and has all powers necessary to control access to a Championships venue or a designated access area by participants, officials, volunteers, spectators and other persons during the event period.
(1) During the event period, the powers of any committee of management under any Act, any land manager under any Act or a person referred to in sub-section (2) in respect of any Championships venue or designated access area must not be exercised except—
(a) with the consent of the Secretary; or
(b) in accordance with any agreement or arrangement entered into with the Secretary or with the Corporation.
(2) Despite sub-section (1), a person who has a
pre-existing right to carry on a business in premises in a Championships venue
or a designated access area, being premises in respect of which the person has
a right of occupation, may, during the event period, carry on that
business—
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(a) to the extent and in accordance with the conditions that the Secretary, after consultation with the committee of management or other land manager (as the case requires), approves; or
(b) in the case where an agreement or arrangement has been entered into with the Corporation, to the extent and in accordance with the agreement or arrangement and any conditions that the Corporation, after consultation with the committee of management or other land manager (as the case requires), approves; or
(c) in the event of a dispute, to the extent and in accordance with the conditions that the Minister approves.
(3) Despite sub-section (1), if any part of the race period within the meaning of the Australian Grands Prix Act 1994 occurs during the event period, the Australian Grand Prix Corporation may carry out its functions and powers under section 30 of that Act in respect of a declared area within the meaning of that Act which is wholly or partly in a Championships venue or a designated access area.
(1) A Championships venue and any designated access area must be restored by the Secretary to a condition reasonably comparable to its condition immediately before the beginning of the event period as soon as practicable after whichever of the following first occurs—
(a) the Championships venue or designated access area ceasing to be a Championships venue or designated access area, as the case requires; or
(b) the end of the event period.
(2) The Secretary must take all reasonable steps to ensure compliance with sub-section (1).
(3) If there is a dispute between the committee of management or other land manager (as the case requires) and the Secretary about the standard of restoration in a Championships venue or a designated access area, the committee of management or the land manager (as the case requires) or the Secretary may refer the matter to the Minister administering the Crown Land (Reserves) Act 1978 and the Minister administering this Act for a decision on the matter.
(1) During the event period, a person must not bring a vehicle or a vessel into a Championships venue or a designated access area except—
(a) with the written authorisation of the Corporation or the Secretary; or
(b) otherwise in accordance with this Act.
Penalty: 20 penalty units.
(2) Sub-section (1) does not apply to the bringing into a Championships venue or a designated access area of a pram, stroller, wheelchair or other mobility aid.
(1) During the event period, a person must not park or leave standing a vehicle or moor, anchor or cause to be adrift a vessel in a Championships venue or a designated access area except—
(a) with the written authorisation of the Secretary or the Corporation; or
(b) otherwise in accordance with this Act.
Penalty: 20 penalty units.
Note: See the definition of "parking infringement" in the Road Safety Act 1986 .
(2) Sub-section (1) does not apply to the parking or leaving standing in a Championships venue or a designated access area of a pram, stroller, wheelchair or other mobility aid.
(1) A member of the police force or an authorised officer may move or cause to be moved a vehicle which is parked or left standing or a vessel which is moored, anchored or adrift—
(a) in a Championships venue or a designated access area, if that vehicle or vessel, as the case requires, is not authorised to be in that venue or area; or
(b) so close to a Championships venue or a designated access area as to obstruct access to, or egress from, it by vehicles, vessels or pedestrians.
(2) A member of the police force or an authorised officer may move or cause to be moved a vehicle which is parked or left standing or a vessel which is moored, anchored or adrift in a Championships venue or a designated access area if, in the opinion of the member of the police force or the authorised officer (as the case requires), the vehicle or vessel is—
(a) a danger to other vehicles, vessels or persons in that venue or area; or
(b) causing or likely to cause traffic congestion; or
(c) hindering or obstructing, or likely to hinder or obstruct—
(i) a Championships event or an associated event, activity or program; or
(ii) any
activity associated with or ancillary to the Championships, a Championships
event or an associated event, activity or program; or
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(iii) access to or egress from any facilities used for the purposes of the Championships.
(3) Sub-section (2) applies whether or not the vehicle or vessel is authorised to be in the Championships venue or the designated access area.
(4) A member of the police force acting in accordance with this section may—
(a) enter a vehicle or a vessel using, if necessary, reasonable force, for the purpose of conveniently or expeditiously moving it; and
(b) move the vehicle or vessel to the nearest convenient place.
(5) The Chief Commissioner of Police or the Corporation may recover from the owner of a vehicle or vessel moved under this section any reasonable costs incurred in moving it.
(6) In this section, "owner" —
(a) in relation to a vehicle, has the same meaning as it has in Part 7 of the Road Safety Act 1986 ; and
(b) in relation to a vessel, has the same meaning as it has in section 3(1) of the Marine Act 1988 .'.