Commonwealth Games Arrangements (Further
Amendment) Act 2004
Act No. 13/2004
TABLE OF PROVISIONS
Section
1.
2.
3.
4.
5.
6.
7.
Purposes
Commencement
Principal Act
New definitions inserted
New section 3B inserted
3B.Declaration of test events
Use of certain Commonwealth Games references
New Divisions 2A and 2B of Part 5A inserted
Page
1
2
2
2
4
4
4
4
Division 2A—Authorising Broadcasting of Commonwealth
Games
56KA.
56KB.
56KC.
56KD.
8.
4
Corporation may authorise broadcasting
Application for broadcasting authorisation
What can a broadcasting authorisation contain?
Determination that broadcasting authorisation not
needed
56KE. Offence to broadcast without broadcasting authorisation
56KF. Offence to make recording without broadcasting
authorisation
4
5
5
Division 2B—Aerial Advertising
9
56KG. Corporation may authorise aerial advertising
56KH. Application for aerial advertising authorisation
56KI. What can an aerial advertising authorisation contain?
56KJ. Offence to display certain aerial advertising
New sections 56ZAB to 56ZAH inserted
56ZAB. Seizure of broadcasting equipment
56ZAC. Seized broadcasting equipment to be given to Office
of Commonwealth Games Coordination
56ZAD. Return of broadcasting equipment within 28 days
56ZAE. Application to Magistrates' Court for return of
broadcasting equipment
56ZAF. Recovery of seized broadcasting equipment and
compensation
56ZAG. Film etc. to be returned within 6 months
56ZAH. Court may order forfeiture to the Crown
i
6
7
8
9
9
9
10
11
11
12
13
13
14
15
15
Section
9.
10.
Page
New Part 5B inserted
16
PART 5B—OFFENCES RELATING TO
COMMONWEALTH GAMES EVENTS
16
56ZC. Offence to obstruct or hinder conduct of
Commonwealth Games events
56ZD. Offence to obstruct or hinder person involved in
Commonwealth Games event
Expiry
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ENDNOTES
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ii
Victoria
No. 13 of 2004
Commonwealth Games Arrangements
(Further Amendment) Act 2004†
[Assented to 18 May 2004]
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are to amend the
Commonwealth Games Arrangements Act
2001—
(a) to provide for authorisations for
broadcasting, making recordings and
advertising in relation to the Commonwealth
Games;
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Commonwealth Games Arrangements (Further Amendment) Act
2004
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Act No. 13/2004
(b) to provide for various offences and
enforcement matters relating to broadcasting,
making recordings, advertising and the
obstruction or hindering of Commonwealth
Games events;
(c) to make other miscellaneous amendments to
that Act.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Principal Act
See:
Act No.
57/2001.
Reprint No. 1
as at
5 November
2003.
LawToday:
www.dms.
dpc.vic.
gov.au
In this Act, the Commonwealth Games
Arrangements Act 2001 is called the Principal
Act.
4. New definitions inserted
In section 3(1) of the Principal Act, insert the
following definitions—
' "aerial advertising authorisation" means an
authorisation given by the Corporation under
section 56KG;
"broadcasting authorisation" means an
authorisation given by the Corporation under
section 56KA;
"broadcasting equipment" means equipment
used—
(a) to broadcast, telecast or transmit by any
means whatever any sound or image; or
(b) to make a sound recording; or
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(c) to make a recording of moving images,
whether by film, television, video,
digitally or otherwise—
and includes a film, digitally recorded
images and a sound recording;
"Commonwealth Games event" means an event
conducted as part of the Commonwealth
Games and includes—
(a) a sporting event; and
(b) the Queen's Baton Relay; and
(c) a test event; and
(d) a live site associated with the
Commonwealth Games; and
(e) a cultural event associated with the
Commonwealth Games;
"Queen's Baton Relay" means the community
relay event by which a message from Her
Majesty the Queen to open the
Commonwealth Games is conveyed,
including all associated activities and
celebrations relating to the journey of that
message;
"test event" means an event—
(a) conducted before the Commonwealth
Games are held for the purpose of
testing the capacity and operational
functions of a venue or facilities to
provide for a Commonwealth Games
event; and
(b) in respect of which a declaration under
section 3B is in force.'.
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5. New section 3B inserted
After section 3A of the Principal Act insert—
"3B. Declaration of test events
The Minister, by Order published in the
Government Gazette, may declare an event
conducted before the Commonwealth Games
are held to be a test event for the purposes of
this Act.".
6. Use of certain Commonwealth Games references
After section 56K(4) of the Principal Act insert—
'(5) Any person may use a Commonwealth
Games reference as defined in paragraph
(a)(xvii) of the definition of "Commonwealth
Games reference" in section 3 without the
authorisation of the Corporation or the
Minister if the use does not suggest a
sponsorship-like arrangement.'.
7. New Divisions 2A and 2B of Part 5A inserted
After Division 2 of Part 5A of the Principal Act
insert—
'Division 2A—Authorising Broadcasting of
Commonwealth Games
56KA. Corporation may authorise broadcasting
(1) Subject to sub-section (2), the Corporation
may authorise a person to—
(a) broadcast, telecast or transmit by any
means whatever any sound or image of
a Commonwealth Games event or any
part of a Commonwealth Games event
for profit or gain or for a purpose that
includes profit or gain at or from a
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2004
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place within or outside a
Commonwealth Games venue; or
(b) make any sound recording or any film,
television, video or digital recording of
moving images of a Commonwealth
Games event or any part of a
Commonwealth Games event for profit
or gain or for a purpose that includes
profit or gain at or from a place within
or outside a Commonwealth Games
venue.
(2) The Corporation must not give a
broadcasting authorisation if, in the opinion
of the Corporation, the activity authorised
would adversely affect—
(a) the organisation or conduct of the
Commonwealth Games or a
Commonwealth Games event; or
(b) any commercial arrangements relating
to the Commonwealth Games or a
Commonwealth Games event.
(3) A broadcasting authorisation must be in
writing.
56KB. Application for broadcasting
authorisation
An application for a broadcasting
authorisation must be made in the manner
and form determined by the Corporation.
56KC. What can a broadcasting authorisation
contain?
A broadcasting authorisation is subject to
any terms and conditions which the
Corporation believes are reasonable to
impose including but not limited to—
(a) the duration of the authorisation;
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(b) whether the authorisation applies
generally or in specified circumstances;
(c) whether the authorisation applies to a
specified person or persons or to a
specified class or classes of person.
56KD. Determination that broadcasting
authorisation not needed
(1) The Corporation may determine that a
broadcasting authorisation is not
required for a Commonwealth Games
event or part of a Commonwealth
Games event if the Corporation is
satisfied that—
(a) the nature of the Commonwealth
Games event or part of the
Commonwealth Games event is
such that it is not appropriate to
require a broadcasting
authorisation to carry out an
activity referred to in section
56KA(1)(a) or (b); and
(b) making a determination would not
adversely affect—
(i) the organisation or conduct
of the Commonwealth
Games or a Commonwealth
Games event; or
(ii) any commercial
arrangements relating to the
Commonwealth Games or a
Commonwealth Games
event.
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(2) If the Corporation makes a
determination under sub-section (1), the
Corporation must publish a notice of
that determination in the Government
Gazette.
(3) A notice of a determination under subsection (1)—
(a) must specify the Commonwealth
Games event or part of a
Commonwealth Games event to
which the determination applies;
and
(b) must specify the conditions, if
any, to which the permitted
activity is subject; and
(c) must specify the duration of the
determination; and
(d) may specify the Commonwealth
Games venue or part of a
Commonwealth Games venue (if
applicable) to which the
determination applies; and
(e) may specify any other matters that
the Corporation considers
appropriate in relation to the
determination.
56KE. Offence to broadcast without
broadcasting authorisation
A person must not broadcast, telecast or
transmit by any means whatever any sound
or image of a Commonwealth Games event
or any part of a Commonwealth Games event
for profit or gain or for a purpose that
includes profit or gain at or from a place
within or outside a Commonwealth Games
venue unless—
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(a) the person has a broadcasting
authorisation; or
(b) a determination under section 56KD is
in force.
Penalty: 400 penalty units, in the case of a
natural person;
2400 penalty units, in the case of a
body corporate.
56KF. Offence to make recording without
broadcasting authorisation
A person must not make any sound recording
or any film, television, video or digital
recording of moving images of a
Commonwealth Games event or any part of a
Commonwealth Games event for profit or
gain or for a purpose that includes profit or
gain at or from a place within or outside a
Commonwealth Games venue unless—
(a) the person has a broadcasting
authorisation; or
(b) a determination under section 56KD is
in force.
Penalty: 400 penalty units, in the case of a
natural person;
2400 penalty units, in the case of a
body corporate.
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Division 2B—Aerial Advertising
56KG. Corporation may authorise aerial
advertising
(1) Subject to sub-section (2), the Corporation
may authorise a person to display aerial
advertising in airspace within sight of a
Commonwealth Games venue or a
Commonwealth Games event during the
period of March 2006.
(2) The Corporation must not give an aerial
advertising authorisation if, in the opinion of
the Corporation, the display of aerial
advertising would adversely affect—
(a) the organisation or conduct of the
Commonwealth Games or a
Commonwealth Games event; or
(b) any commercial arrangements relating
to the Commonwealth Games or a
Commonwealth Games event.
(3) An aerial advertising authorisation must be
in writing.
56KH. Application for aerial advertising
authorisation
An application for an aerial advertising
authorisation must be made in the manner
and form determined by the Corporation.
56KI. What can an aerial advertising
authorisation contain?
An aerial advertising authorisation is subject
to any terms and conditions which the
Corporation believes are reasonable to
impose including but not limited to—
(a) the duration of the authorisation;
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(b) whether the authorisation applies
generally or in specified circumstances;
(c) whether the authorisation applies to a
specified person or persons or to a
specified class or classes of person;
(d) whether the authorisation applies to a
specified type of advertising or to a
specified class or classes of advertising.
56KJ. Offence to display certain aerial
advertising
(1) A person must not, during the period of
March 2006, display an advertisement, or
cause an advertisement to be displayed, in
airspace that is within sight of a
Commonwealth Games venue or a
Commonwealth Games event without an
aerial advertising authorisation.
Penalty: 400 penalty units, in the case of a
natural person;
2400 penalty units, in the case of a
body corporate.
(2) For the purposes of this section
"advertisement" includes—
(a) skywriting or sign writing by an
aircraft;
(b) a banner or other sign towed by or
attached to an aircraft;
(c) matter displayed on an aircraft, other
than its normal markings and livery;
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(d) matter displayed on—
(i) a hang glider, parachute,
paraglider or similar device, other
than its normal markings; or
(ii) a banner or sign attached to a hang
glider, parachute, paraglider or
similar device;
(e) a banner or sign attached to a person
suspended from a hang glider,
parachute, paraglider or similar device;
(f) matter displayed on a flag, other than a
state or national flag, that has an area of
more than 5 square metres;
(g) any laser or digital projection of
advertising;
"aircraft" includes airship, blimp, hot-air
balloon and helicopter.'.
8. New sections 56ZAB to 56ZAH inserted
After section 56ZA of the Principal Act insert—
"56ZAB. Seizure of broadcasting equipment
(1) Subject to sub-section (3), 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 56KE or 56KF, the member of the
police force may seize any broadcasting
equipment being used by that person if—
(a) the member has requested that the
person cease the activity which may
constitute an offence against section
56KE or 56KF (as the case requires);
and
(b) the person does not cease the activity
after that request.
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(2) If a member of the police force seizes any
broadcasting equipment under this section,
the member of the police force must
immediately give the person a written receipt
for the equipment seized indicating—
(a) the nature of the equipment seized; and
(b) the date and time that the member of
the police force took possession of the
equipment; and
(c) the name and rank of the member of the
police force who seized the equipment.
(3) A member of the police force may only
seize broadcasting equipment under subsection (1) during the period of March 2006.
56ZAC. Seized broadcasting equipment to be
given to Office of Commonwealth Games
Coordination
(1) A member of the police force, as soon as
practicable, must give broadcasting
equipment seized under section 56ZAB to
the Office of Commonwealth Games
Coordination.
(2) The Office of Commonwealth Games
Coordination must retain broadcasting
equipment seized under section 56ZAB until
the seized broadcasting equipment—
(a) in the case of broadcasting equipment
other than a film, digitally recorded
images or a sound recording, is
returned in accordance with section
56ZAD; or
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(b) in any case, is returned to the person
from whom it was seized or its lawful
owner—
(i) in accordance with this Act; or
(ii) by court order or otherwise.
56ZAD. Return of broadcasting equipment within
28 days
(1) The Chief Commissioner of Police must
ensure that broadcasting equipment seized
under section 56ZAB is returned to the
person from whom it was seized within
28 days after the date on which it was seized.
(2) Sub-section (1) does not apply to
broadcasting equipment which is a film,
digitally recorded images or a sound
recording.
56ZAE. Application to Magistrates' Court for
return of broadcasting equipment
(1) A person from whom broadcasting
equipment has been seized under section
56ZAB may apply to the Magistrates' Court
for the return of that equipment.
(2) An application under sub-section (1)—
(a) may be made at any time after the
seizure under section 56ZAB; and
(b) must not be made if proceedings for an
offence against section 56KE or 56KF
have been commenced in respect of that
seized broadcasting equipment.
(3) On an application under sub-section (1), the
Magistrates' Court may make any of the
following orders or any combination of those
orders—
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(a) an order for the return of the
broadcasting equipment if, in the
opinion of the Court, it can be returned
consistently with the interests of
justice;
(b) an order for the return of the
broadcasting equipment subject to any
specified conditions;
(c) any other order it considers appropriate
in relation to the broadcasting
equipment.
56ZAF. Recovery of seized broadcasting
equipment and compensation
(1) If any broadcasting equipment has been
seized under section 56ZAB and it has not
been returned under section 56ZAD or by
court order or otherwise and—
(a) proceedings are not instituted for an
offence against section 56KE or 56KF
in relation to the seized broadcasting
equipment within 6 months of the
seizure; or
(b) after proceedings have been instituted
and completed, the defendant is not
found guilty—
the person from whom the equipment was
seized is entitled to recover—
(c) the seized broadcasting equipment, or,
if it has been destroyed, compensation
equal to the market value of the
broadcasting equipment at the time of
the seizure; and
(d) compensation for any loss suffered by
reason of the seizure of the
broadcasting equipment.
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(2) An action for the payment of compensation
under sub-section (1) may be brought in any
court of competent jurisdiction against the
Corporation.
56ZAG. Film etc. to be returned within 6 months
(1) If broadcasting equipment seized under
section 56ZAB includes a film, digitally
recorded images or a sound recording, the
Corporation may retain the film, digitally
recorded images or sound recording for a
period not exceeding 6 months after the date
of seizure.
(2) If a film, digitally recorded images or a
sound recording is still being retained by the
Corporation under this section on
30 September 2006 and no on-going
proceedings in respect of the film, digitally
recorded images or sound recording are in
existence at that date, the film, digitally
recorded images or sound recording must be
returned to the person from whom it was
seized under section 56ZAB or its lawful
owner.
56ZAH. Court may order forfeiture to the Crown
(1) A court which finds a person guilty of an
offence against section 56KE or 56KF may
order that any broadcasting equipment used
in the commission of the offence be forfeited
to the Crown.
(2) If any broadcasting equipment is forfeited to
the Crown under sub-section (1)—
(a) the Minister may direct that the
broadcasting equipment be disposed of
in any manner that the Minister thinks
fit; and
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(b) if the Minister directs that the
broadcasting equipment is to be
disposed of by sale, the proceeds of the
sale must be paid into the Consolidated
Fund.".
9. New Part 5B inserted
After Part 5A of the Principal Act insert—
"PART 5B—OFFENCES RELATING TO
COMMONWEALTH GAMES EVENTS
56ZC. Offence to obstruct or hinder conduct of
Commonwealth Games events
A person must not intentionally or recklessly
obstruct or hinder the conduct of a
Commonwealth Games event.
Penalty: 60 penalty units.
56ZD. Offence to obstruct or hinder person
involved in Commonwealth Games event
A person must not intentionally or recklessly
obstruct or hinder—
(a) a participant in a Commonwealth
Games event; or
(b) a person officiating at a
Commonwealth Games event; or
(c) a volunteer engaged in the management
or conduct of a Commonwealth Games
event; or
(d) a contractor or other person engaged or
employed by the Corporation, the State
or a public authority of the State to
carry out functions associated with or
ancillary to the conduct of a
Commonwealth Games event.
Penalty: 60 penalty units.".
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10. Expiry
In section 58(1A) of the Principal Act for
"and 5A" substitute ", 5A and 5B".
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Endnotes
Act No. 13/2004
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 5 March 2004
Legislative Council: 6 May 2004
The long title for the Bill for this Act was "to amend the Commonwealth
Games Arrangements Act 2001 to provide for authorisations for
broadcasting, making recordings and advertising in relation to the
Commonwealth Games and related offences and enforcement, to provide
for offences for the obstruction or hindering of Commonwealth Games
events, to make other miscellaneous amendments to that Act and for other
purposes."
18