MAJOR EVENTS SECURITY ACT 2000 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 3. Notes 3A. Offences against Act--application of Criminal Code etc PART 2--DECLARATION OF MAJOR EVENTS 4. Declaration of events as major events 5. Requirements for declaration 6. Notification and operation of declaration 7. Statutory conditions of entry PART 3--MAJOR EVENT VENUES Division 3.1--Restricted areas 8. Entry to restricted areas Division 3.2--Statutory conditions of entry 9. Search of personal property 10. Frisk search of people 11. Prohibited items Division 3.3--Other powers of police officers 12. Name and address 12A. Refusal of entry 13. Direction to leave venue PART 4--OTHER OFFENCES 14. Unauthorised entry to major event venue 15. Interference with event PART 5--MISCELLANEOUS 17. Obligations of ticket sellers 18. Effect of disallowance of declaration 19. Regulation-making power DICTIONARY ENDNOTES MAJOR EVENTS SECURITY ACT 2000 - LONG TITLE An Act relating to security for events declared to be major events MAJOR EVENTS SECURITY ACT 2000 - SECT 1 Name of Act This Act is the Major Events Security Act 2000. MAJOR EVENTS SECURITY ACT 2000 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act. Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156). MAJOR EVENTS SECURITY ACT 2000 - SECT 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes. MAJOR EVENTS SECURITY ACT 2000 - SECT 3A Offences against Act--application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. MAJOR EVENTS SECURITY ACT 2000 - SECT 4 Declaration of events as major events (1) The Executive may declare an event to be a major event. Examples of events that may be declared major events A Papal mass, a concert, a national or international sporting event or other competition, an agricultural or trade show and New Year's Eve celebrations. (2) In deciding whether to make a declaration, the Executive must have regard to-- (a) the nature of the event; and (b) the number and kind of people expected to attend the event; and (c) any other relevant matter. (3) The Executive may make a declaration only if satisfied that its making is reasonable and necessary-- (a) for the safety of people attending the event; and (b) for the avoidance of disruptions to the event. (4) The Executive may not declare a public protest or demonstration to be a major event. (5) A declaration is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. MAJOR EVENTS SECURITY ACT 2000 - SECT 5 Requirements for declaration A declaration must-- (a) contain a brief description of the event to which it applies; and (b) state the proposed time and date of the event and the location of the venue for the event; and (c) state the period during which it is to be in force; and (d) state any statutory conditions of entry applying to the venue; and (e) if the declaration includes the statutory condition that a person must not take into or possess in the venue a prohibited item--state the prohibited item; and (f) if an occupier notifies the Executive that part of the venue is a restricted area--state that the venue contains a restricted area. MAJOR EVENTS SECURITY ACT 2000 - SECT 6 Notification and operation of declaration (1) At least 7 days before the proposed date of the event described in a declaration, notice of the making of the declaration must be published in a daily newspaper. (2) A notice of the making of a declaration must contain the matters stated in section 5 (a) to (f). (3) Failure to publish a notice of the making of a declaration in a daily newspaper does not affect the validity of the declaration. (4) Unless sooner revoked, a declaration expires on the date, and at the time (if any), stated in, or worked out in accordance with, the declaration. MAJOR EVENTS SECURITY ACT 2000 - SECT 7 Statutory conditions of entry (1) The Executive may state in a declaration that any of the following conditions of entry apply to the major event venue: (a) that a person seeking to enter or in the venue must, if asked by a police officer, permit a search to be made of his or her personal property; (b) that a person seeking to enter or in the venue must, if asked by a police officer, permit a frisk search to be made of the person; (c) that a person must not take into or possess in the venue a prohibited item. (2) If a declaration includes a statement to the effect that a person must not take into or possess in the major event venue a prohibited item, the Executive must state in the declaration anything that is a prohibited item. MAJOR EVENTS SECURITY ACT 2000 - SECT 8 Entry to restricted areas (1) An occupier of a major event venue must take reasonable steps to inform the public of a restricted area, whether by signs or otherwise. (2) A person commits an offence if-- (a) the person enters or stays in a restricted area; and (b) the person does not have the occupier's consent to be in the area. Maximum penalty: 10 penalty units. (3) An offence against this section is a strict liability offence. MAJOR EVENTS SECURITY ACT 2000 - SECT 9 Search of personal property (1) A police officer may ask a person to permit a search to be made of the person's personal property if-- (a) the person is entering (or about to enter) a major event venue; or (b) the person is in a major event venue. (2) The person must permit a police officer to search the person's personal property. Maximum penalty: 10 penalty units. (3) An offence against this section is a strict liability offence. (4) This section applies only if the declaration of the event to be held at a major event venue states that it is a condition of entry to the venue that a person entering or in the venue must, if asked by a police officer, permit a search to be made of the person's personal property. MAJOR EVENTS SECURITY ACT 2000 - SECT 10 Frisk search of people (1) A police officer may ask a person to permit a frisk search of the person if-- (a) the person is entering (or about to enter) a major event venue; or (b) the person is in a major event venue. (2) The person must permit a police officer to frisk search the person. Maximum penalty: 10 penalty units. (3) An offence against this section is a strict liability offence. (4) This section applies only if the declaration of the event to be held at a major event venue states that it is a condition of entry to the venue that a person entering or in the venue must, if asked by a police officer, permit a frisk search to be made of the person. MAJOR EVENTS SECURITY ACT 2000 - SECT 11 Prohibited items (1) A person commits an offence if the person takes a prohibited item into, or has a prohibited item in, a major event venue. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. (3) It is not an offence against subsection (1) if the person disposes of the item before entering the major event venue. (4) This section applies to the venue only if the declaration of the event to be held at the venue states that it is a condition of entry to the venue that a person must not take into or possess in the venue a prohibited item. MAJOR EVENTS SECURITY ACT 2000 - SECT 12 Name and address (1) A police officer may require a person entering (or about to enter) a major event venue to state the person's name and home address. (2) A person must comply with a requirement made of the person under subsection (1). Maximum penalty: 5 penalty units. (3) An offence against this section is a strict liability offence. MAJOR EVENTS SECURITY ACT 2000 - SECT 12A Refusal of entry A police officer may refuse a person entry to a major event venue if the officer believes on reasonable grounds that the person-- (a) has committed, or is likely to commit, an offence against this Act; or (b) is likely to contravene a condition of entry to the venue imposed by an occupier of the venue. MAJOR EVENTS SECURITY ACT 2000 - SECT 13 Direction to leave venue (1) A police officer may direct a person to leave a major event venue if the police officer has reasonable grounds for believing that the person has, while seeking to enter or in the venue, committed an offence against a law in force in the ACT. (2) If a person contravenes a direction given by a police officer to leave a major event venue, a police officer may use such force as is reasonable and necessary-- (a) to apprehend and detain the person for the purpose of removing the person from the venue; or (b) to remove the person from the venue. (3) A police officer exercising powers under subsection (2) may act with such assistance as is reasonable and necessary. (4) A person must not be detained under subsection (2) (a) for longer than is reasonable and necessary to remove him or her from the venue. MAJOR EVENTS SECURITY ACT 2000 - SECT 14 Unauthorised entry to major event venue (1) A person commits an offence if-- (a) the person enters, or stays in, a major event venue; and (b) the person is not authorised to enter, or stay in, the venue. Maximum penalty: 10 penalty units. (2) For subsection (1), a person is authorised to enter, or stay in, a major event venue if the person-- (a) has paid the entrance fee (if any); or (b) has the occupier's consent to be in the venue; or (c) is allowed for another reason to enter, or stay in, the venue. (3) A person commits an offence if-- (a) the person enters, or stays in, a part of a major event venue; and (b) a major event has just been, is being, or is to be, conducted in that part of the venue; and (c) the person does not have the occupier's consent, or is not allowed for another reason, to enter, or stay in, that part of the venue. Maximum penalty: 10 penalty units. (4) An offence against this section is a strict liability offence. MAJOR EVENTS SECURITY ACT 2000 - SECT 15 Interference with event (1) A person commits an offence if, in a major event venue, the person-- (a) behaves in an intimidating or harassing way; or (b) injures a person or damages property; or (c) engages in violent behaviour; or (d) disrupts, interferes with, delays or obstructs the conduct of a major event, or an activity associated with the event, by throwing anything or in any other way; or (e) in any other way interferes with the reasonable enjoyment of a major event, or an activity associated with the event, by someone else. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. MAJOR EVENTS SECURITY ACT 2000 - SECT 17 Obligations of ticket sellers (1) This section applies to a person who sells tickets to an event. (2) If the person has reasonable grounds for believing that the event may be declared a major event, the person must take reasonable steps to tell a person, before the person buys tickets to the event, that statutory conditions of entry may apply to the event. (3) If the event has been declared a major event, the person must take reasonable steps to tell a person, before the person buys tickets to the event, the statutory conditions of entry that apply to the event. MAJOR EVENTS SECURITY ACT 2000 - SECT 18 Effect of disallowance of declaration (1) This section applies if a declaration of a major event is disallowed under the Legislation Act 2001. (2) Despite the Legislation Act 2001, section 84 (Saving of operation of repealed and amended laws)-- (a) if a person has been investigated or prosecuted for an offence against this Act in relation to the major event venue for the event--any investigation of or prosecution for the offence must be discontinued and a person is taken never to have been investigated or prosecuted for the offence; and (b) if a person has been convicted for an offence against this Act in relation to the venue-- (i) the conviction for the offence is quashed; and (ii) the person is taken never to have been convicted of the offence; and (iii) any financial penalty and costs paid to the Territory must be refunded; and (c) a civil or criminal proceeding does not lie against-- (i) the Territory for an act done or omitted to be done honestly by a police officer or occupier in relation to the venue in the exercise or purported exercise of a power given under this Act; and (ii) a person who is or was a police officer or an occupier for an act done or omitted to be done honestly by the person in relation to the venue in the exercise or purported exercise of a power given under this Act. MAJOR EVENTS SECURITY ACT 2000 - SECT 19 Regulation-making power The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. MAJOR EVENTS SECURITY ACT 2000 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act 2001 contains definitions and other provisions relevant to this Act. Note 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following terms: o contravene o daily newspaper o exercise o function o home address o police officer "declaration" means a declaration made under section 4 (1). "frisk search" means-- (a) a search of a person conducted by quickly running the hands over the person's outer garments; and (b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person. "major event" means an event to which a declaration applies. "major event venue", in relation to a major event, means, for the period that the declaration of the event is in force-- (a) the place stated in the declaration as the location for the event; and (b) any place reasonably incidental to the holding of the event. "occupier", of a major event venue, includes the organiser of a major event at the venue. "personal property", of a person, means things carried by the person or things apparently in the immediate control of the person, but does not include clothing being worn by the person. "prohibited item", for a major event venue, means something stated to be a prohibited item in the declaration of the event to be held at the venue. "restricted area", for a major event venue, means a part of the venue designated by an occupier as an area to which entry is restricted to people who have the consent or other authorisation of the occupier. "statutory condition of entry", for a major event venue, means a condition mentioned in section 7 (1) that is stated in the declaration of the event to be a statutory condition of entry to the venue. MAJOR EVENTS SECURITY ACT 2000 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history The Major Events Security Act 2000 was originally the Olympic Events Security Act 2000. It was renamed by the Olympic Events Security Amendment Act 2001 A2001-76 (see amdt 1.2). Major Events Security Act 2000 No 41 notified 4 September 2000 (Gaz 2000 S48) s 1, s 2 commenced 4 September 2000 (s 2 (1)) remainder commenced 5 September 2000 (s 2 (2) and Gaz 2000 No S49) as amended by Legislation (Consequential Amendments) Act 2001 No 44 pt 268 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) amdt 1.3054 commenced 14 September 2001 (amdt 1.3054) pt 268 remainder commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Olympic Events Security Amendment Act 2001 No 76 notified LR 14 September 2001 commenced 14 September 2001 (s 2) Statute Law Amendment Act 2002 No 30 pt 3.47 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.47 commenced 17 September 2002 (s 2 (1)) Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.30 notified LR 27 October 2005 s 1, s 2 commenced 27 October 2005 (LA s 75 (1)) sch 1 pt 1.30 commenced 24 November 2005 (s 2) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.51 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.51 commenced 22 September 2009 (s 2) Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.49 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) sch 3 pt 3.49 commenced 17 December 2009 (s 2) 4 Amendment history Titletitle sub 2001 No 76 amdt 1.1 Name of Acts 1 sub 2001 No 76 amdt 1.2 Dictionarys 2 orig s 2 om R1 LRA ins 2001 No 76 amdt 1.2 Notess 3 sub 2001 No 76 amdt 1.2 Offences against Act--application of Criminal Code etcs 3A ins A2005-54 amdt 1.216 Declaration of major eventspt 2 hdg sub 2001 No 76 amdt 1.3 Declaration of events as major eventss 4 sub 2001 No 76 s 4 am 2001 No 44 amdt 1.3054; 2002 No 30 amdt 3.590 Requirements for declarations 5 sub 2001 No 76 amdt 1.4 Notification and operation of declarations 6 am 2001 No 44 amdts 1.3055-1.3058; 2001 No 76 amdt 1.5, amdt 1.6; A2009-20 amdt 3.130 Statutory conditions of entrys 7 sub 2001 No 76 amdt 1.7 Major event venuespt 3 sub 2001 No 76 amdt 1.8 Restricted areasdiv 3.1 hdg (prev pt 3 div 1 hdg) sub 2001 No 76 amdt 1.8 Entry to restricted areass 8 sub 2001 No 76 amdt 1.8 am A2005-54 amdt 1.217 Statutory conditions of entrydiv 3.2 hdg (prev pt 3 div 2 hdg) sub 2001 No 76 amdt 1.8 Search of personal propertys 9 sub 2001 No 76 amdt 1.8; A2005-54 amdt 1.218 Frisk search of peoples 10 sub 2001 No 76 amdt 1.8; A2005-54 amdt 1.218 Prohibited itemss 11 sub 2001 No 76 amdt 1.8 am A2005-54 amdt 1.219, amdt 1.220 Other powers of police officersdiv 3.3 hdg (prev pt 3 div 3 hdg) sub 2001 No 76 amdt 1.8 Name and addresss 12 sub 2001 No 76 amdt 1.8; A2005-54 amdt 1.221 am A2009-49 amdt 3.116 Refusal of entrys 12A ins A2005-54 amdt 1.221 Direction to leave venues 13 sub 2001 No 76 amdt 1.8 Other offencespt 4 hdg sub A2005-54 amdt 1.222 Unauthorised entry to major event venues 14 hdg sub 2002 No 30 amdt 3.591s 14 am 2001 No 76 amdt 1.9 sub A2005-54 amdt 1.222 Interference with events 15 sub 2001 No 76 amdt 1.10; A2005-54 amdt 1.222 Interference with events 16 am 2001 No 76 amdt 1.11; 2002 No 30 amdt 3.592 om A2005-54 amdt 1.222 Obligations of ticket sellerss 17 sub 2001 No 76 amdt 1.12 Effect of disallowance of declarations 18 am 2001 No 44 amdt 1.3059, amdt 1.3060 sub 2001 No 76 amdt 1.12 Regulation-making powers 19 am 2001 No 44 amdt 1.3061 sub 2001 No 76 amdt 1.12 Dictionarydict ins 2001 No 76 amdt 1.13 am 2002 No 30 amdt 3.593; A2009-20 amdt 3.131; A2009-49 amdt 3.117 def declaration ins 2001 No 76 amdt 1.13 def frisk search ins 2001 No 76 amdt 1.13 def major event ins 2001 No 76 amdt 1.13 def major event venue ins 2001 No 76 amdt 1.13 def occupier ins 2001 No 76 amdt 1.13 def personal property ins 2001 No 76 amdt 1.13 def prohibited item ins 2001 No 76 amdt 1.13 def restricted area ins 2001 No 76 amdt 1.13 def statutory condition of entry ins 2001 No 76 amdt 1.13 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 not amended 5 September 2000 2 A2001-76 5 December 2001 3 A2002-30 10 October 2002 4 A2005-54 24 November 2005 5 A2009-20 22 September 2009 (c) Australian Capital Territory 2009 MAJOR EVENTS SECURITY ACT 2000 - NOTES Australian Capital Territory A2000-41 Republication No 6 Effective: 17 December 2009 Republication date: 17 December 2009 Last amendment made by A2009-49Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Major Events Security Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 17 December 2009 . It also includes any amendment, repeal or expiry affecting the republished law to 17 December 2009 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Major Events Security Act 2000 Endnotes Australian Capital Territory Major Events Security Act 2000