New South Wales Consolidated Acts

MAJOR EVENTS ACT 2009 - SECT 39

39 Prohibition of certain advertising on buildings and structures

(1) For the purposes of this section, an "advertising controlled site" is any of the following:

(a) a major event venue or facility, being a venue or facility designated by the Minister by an order published in the Gazette for the purposes of this section,

(b) an area within 500 metres of a major event venue or facility, being an area designated by the Minister by an order published in the Gazette for the purposes of this section.

Note: The Minister may amend or repeal an order made under this section. See section 43 of the Interpretation Act 1987 .

(2) An area is an advertising controlled site for the purposes of this section only for:

(a) the period specified in the order, or

(b) if no period is specified in the order-the relevant major event period or, if the major event period has already commenced, the remainder of that period.

(3) Notice of an order designating any venue, facility or area to be an advertising controlled site for the purposes of this section must be published in at least one newspaper circulating generally in the State and, if the venue, facility or area to which the order relates is outside the Sydney Metropolitan area, in a newspaper circulating in the locality of the venue, facility or area.

(4) Except as authorised or permitted by the responsible authority for the major event, a person who is the owner or occupier or the holder of a lease or licence relating to a building or structure that is (or is part of) an advertising controlled site must not, while the land is an advertising controlled site:

(a) cause or permit any advertising material to be fixed to or placed on the building or structure, or

(b) fail to ensure that any advertising material already fixed to or placed on a building or structure is covered, obliterated or removed.

Maximum penalty:

(a) in the case of an individual-250 penalty units, or

(b) in the case of a corporation-500 penalty units.

(5) A person authorised by the responsible authority for the major event for the purposes of this subsection may cover, obliterate or remove any advertising material that is on a building or structure in contravention of subsection (4).

(6) A person authorised under subsection (5) may enter:

(a) an advertising controlled site to undertake the covering, obliteration or removal referred to in that subsection, and

(b) other adjacent premises, if necessary to undertake that covering, obliteration or removal.

(7) A person is not entitled under this section to enter a part of premises used only for residential purposes, except with the consent of the occupier of the part.

(8) In exercising functions under subsections (5) and (6), the person must:

(a) cause as little damage as possible, and

(b) produce to any person apparently in charge of the premises who requests its production the person’s authorisation under that subsection.

(9) It is a defence to a prosecution for an offence against subsection (4) that relates to an area referred to in subsection (1) (b), if the defendant establishes that the advertising material concerned:

(a) was fixed to or placed on the building or structure before the relevant order was made, and

(b) was so fixed or placed by a person as part of the person’s ordinary activities and not in anticipation of the major event concerned, and

(c) does not contain any statement, or make any inference, that the advertiser is a sponsor or supporter of, or is in any way connected with, the major event concerned.

(10) For the avoidance of doubt, the functions under subsections (5) and (6) may be exercised in relation to advertising material even if a person is able to establish the defence under subsection (9) in relation to that material.

(11) This section does not apply to the following advertising material:

(a) any advertising material:

(i) that has an area of not more than one square metre, or

(ii) comprising a series of related advertisements that together have an area of not more than one square metre,

(b) any advertising material that is exempted from this section by the regulations.