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MAJOR EVENTS BILL 2014

          Queensland



Major Events Bill 2014

 


 

 

Queensland Major Events Bill 2014 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Main purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5 Extraterritorial application of Act. . . . . . . . . . . . . . . . . . . . . . . . . . 9 Part 2 Definitions 6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7 What is a major event. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8 Who is the major event organiser. . . . . . . . . . . . . . . . . . . . . . . . . 10 9 What is a major event area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 What is the major event period. . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 What is a controlled area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Part 3 Prescribing major events 12 Prescribing event as major event . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Minister's recommendation to Governor to prescribe major event 12 Part 4 Carrying out works for major event Division 1 Carrying out works in declared construction area 14 Declaration of declared construction area . . . . . . . . . . . . . . . . . . 13 15 Constructing works in declared construction area . . . . . . . . . . . . 14 Division 2 Temporary works and maintenance in major event area 16 Carrying out temporary works and maintenance in major event area 15 Part 5 Major event provisions Division 1 When part applies 17 When part applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

 


 

Major Events Bill 2014 Contents Division 2 People and vehicles in major event area Subdivision 1 Crowd and safety powers 18 Entering and exiting major event area . . . . . . . . . . . . . . . . . . . . . 17 19 Occupant's pass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 20 Conduct while entering or within major event area. . . . . . . . . . . . 19 21 Entering restricted area in major event area . . . . . . . . . . . . . . . . 21 22 Entering onto playing field or competition or performance area . . 21 23 Liquor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 24 Evidence of right to be in major event area or part of major event area 23 25 Inspecting thing in person's possession inside major event area. 23 26 Directing person to leave major event area . . . . . . . . . . . . . . . . . 23 Subdivision 2 Vehicles 27 Bringing vehicles into major event area . . . . . . . . . . . . . . . . . . . . 25 28 Leaving vehicles in major event area . . . . . . . . . . . . . . . . . . . . . . 25 Subdivision 3 Control of airspace 29 Aircraft operating in airspace above major event . . . . . . . . . . . . . 26 Division 3 Limits on commercial activity for major event Subdivision 1 Selling during control period or major event period 30 Selling on road, public land or major event area . . . . . . . . . . . . . 27 Subdivision 2 Resale of tickets 31 Resale of tickets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Subdivision 3 Marketing and advertising 32 Ambush marketing in major event area . . . . . . . . . . . . . . . . . . . . 28 33 Advertising in controlled area or major event area . . . . . . . . . . . . 29 34 Advertising on vessel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 35 Advertising in major event airspace . . . . . . . . . . . . . . . . . . . . . . . 30 Subdivision 4 Broadcasting or recording major event 36 Broadcasting or recording of major event. . . . . . . . . . . . . . . . . . . 31 Division 4 Roads and traffic 37 Traffic and transport management plan for major event . . . . . . . . 32 38 Declaration of major event lane . . . . . . . . . . . . . . . . . . . . . . . . . . 33 39 Using major event lane. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 40 Power to close a road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 5 Visiting health practitioner exemptions for exempt events 41 When division applies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Page 2

 


 

Major Events Bill 2014 Contents 42 Effect of this division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 43 Registration exemption notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 44 Practising health profession for visitor . . . . . . . . . . . . . . . . . . . . . 37 45 Storage of restricted or controlled drugs . . . . . . . . . . . . . . . . . . . 37 46 Exemptions relating to offences . . . . . . . . . . . . . . . . . . . . . . . . . . 37 47 Forwarding copies of prescriptions. . . . . . . . . . . . . . . . . . . . . . . . 39 48 Monitoring prescription and supply of particular substances . . . . 39 49 Complaints about visiting health practitioners . . . . . . . . . . . . . . . 39 Part 6 Official logos or titles 50 How part applies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 51 Declaring official logo or official title for major event. . . . . . . . . . . 40 52 Use of official logo or title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 53 Register of official logos and titles and authorisations . . . . . . . . . 41 54 Authorised person may seize thing displaying official logo or title 42 Part 7 Authorised persons for major events Division 1 When part applies 55 When part applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Division 2 Appointment 56 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 42 57 Conditions and limit on powers. . . . . . . . . . . . . . . . . . . . . . . . . . . 43 58 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 59 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Division 3 Identity cards 60 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 61 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 45 62 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 4 Powers of authorised persons Subdivision 1 Requiring name and address 63 Requiring name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Subdivision 2 Stopping or moving vehicles 64 Powers for stopping or moving vehicles . . . . . . . . . . . . . . . . . . . . 46 65 Power to move or remove vehicles left in major event area . . . . . 47 66 Moving expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 67 Disposing of vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Subdivision 3 Seizing evidence and other things 68 Receipt for seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Page 3

 


 

Major Events Bill 2014 Contents 69 Keeping seized thing pending return or forfeiture. . . . . . . . . . . . . 51 70 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 71 Return of seized thing and compensation . . . . . . . . . . . . . . . . . . 52 72 Forfeiture of seized thing by chief executive decision. . . . . . . . . . 52 73 Court may order forfeiture of seized thing to the State . . . . . . . . . 53 74 How property may be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Division 5 Offences 75 Impersonating authorised person. . . . . . . . . . . . . . . . . . . . . . . . . 54 76 Obstructing authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Part 8 Application of Acts to declared construction areas and major events 77 Application of other Acts to activities or works for major event. . . 55 78 Application of laws to light, noise etc.. . . . . . . . . . . . . . . . . . . . . . 56 79 Application of laws to roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Part 9 Miscellaneous 80 Summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 81 Directing major event organiser to do thing for major event . . . . . 57 82 Compensation not payable in respect of major event-related matters 57 83 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Part 10 Repeals 84 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Part 11 Transitional provisions 85 Reference to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 86 Regulation or special event notice made under Health Practitioners (Special Events Exemption) Act 1998 . . . . . . . . . . . . . . . . . . . . . 59 Part 12 Amendment of Acts Division 1 Amendment of this Act 87 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 88 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 60 89 Renumbering of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . 60 Division 2 Amendment of Commonwealth Games Arrangements Act 2011 90 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 91 Replacement of s 54 (Exception for use of business or company name) 61 54 Corporations legislation displacement provisions . . . 61 Page 4

 


 

Major Events Bill 2014 Contents Division 3 Amendment of Environmental Protection Act 1994 92 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 93 Amendment of sch 1 (Exclusions relating to environmental nuisance or environmental harm) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Division 4 Amendment of Police Powers and Responsibilities Act 2000 94 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 95 Amendment of s 34 (Definitions for pt 3) . . . . . . . . . . . . . . . . . . . 62 96 Amendment of s 53BB (What is an out-of-control event) . . . . . . . 62 97 Omission of ch 19, pt 2 (Preserving safety for special events). . . 62 98 Amendment of s 629 (Removal of clothing for search). . . . . . . . . 62 100 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 63 Division 5 Amendment of Tobacco and Other Smoking Products Act 1998 101 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 102 Replacement of pt 2C, div 2, hdg (Major sports facilities) . . . . . . 64 103 Replacement of s 26ZD (Meaning of major sports facility). . . . . . 64 26ZD Meaning of major event facility . . . . . . . . . . . . . . . . . . 64 Division 6 Minor and consequential amendments 104 Minor and consequential amendments . . . . . . . . . . . . . . . . . . . . 64 Schedule 1 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 65 City of Brisbane Act 2010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Local Government Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Tobacco and Other Smoking Products Act 1998 . . . . . . . . . . . . . 66 Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Page 5

 


 

 

2014 A Bill for An Act to provide for the holding of major events, the safety of visitors and spectators at major events, to allow visiting health practitioners to provide health care services for major events without becoming registered under State law, to protect the rights of event organisers and sponsors at major events and for related purposes, to amend this Act, the Commonwealth Games Arrangements Act 2011, the Environmental Protection Act 1994, the Police Powers and Responsibilities Act 2000 and the Tobacco and Other Smoking Products Act 1998, and the Acts mentioned in schedule 1, for particular purposes, and to repeal the Motor Racing Events Act 1990 and the Health Practitioners (Special Events Exemption) Act 1998

 


 

Major Events Bill 2014 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 1 Short title 3 This Act may be cited as the Major Events Act 2014. 4 2 Commencement 5 This Act commences on 1 January 2015. 6 3 Main purposes of Act 7 The main purposes of this Act are-- 8 (a) to enable the State to hold major events in Queensland; 9 and 10 (b) to deliver economic and social benefits for the State of 11 Queensland by attracting major events to Queensland; 12 and 13 (c) to facilitate the safe and orderly running of major 14 events; and 15 (d) to promote the enjoyment of participants and spectators 16 of major events; and 17 (e) to prevent unauthorised commercial activities in relation 18 to major events; and 19 (f) to allow visiting health practitioners to be exempted 20 from having to register under State law when practising 21 a health profession for a visitor. 22 Page 8

 


 

Major Events Bill 2014 Part 2 Definitions [s 4] 4 Act binds all persons 1 (1) This Act binds all persons, including the State and, to the 2 extent the legislative power of the Parliament permits, the 3 Commonwealth and the other States. 4 (2) However, the State, the Commonwealth or another State can 5 not be prosecuted for an offence against this Act. 6 5 Extraterritorial application of Act 7 This Act applies-- 8 (a) inside Queensland; and 9 (b) outside Queensland to the full extent of the 10 extraterritorial legislative power of the Parliament. 11 Part 2 Definitions 12 6 Definitions 13 The dictionary in schedule 2 defines particular words used in 14 this Act. 15 7 What is a major event 16 A major event is-- 17 (a) an event prescribed by regulation under section 12(1) as 18 a major event; and 19 (b) any activity directly associated with the major event. 20 Examples of activities directly associated with a major event-- 21 · a test run for the event 22 · qualifying rounds of a motor race 23 · a concert held in association with the major event 24 Page 9

 


 

Major Events Bill 2014 Part 2 Definitions [s 8] 8 Who is the major event organiser 1 The major event organiser, for a major event, is the person 2 prescribed by regulation under section 12(2)(a) as the major 3 event organiser of the major event. 4 9 What is a major event area 5 (1) A major event area, for a major event, is an area prescribed 6 by regulation under section 12(2)(b), and shown on a map in 7 the regulation, as the area where the major event is to be held. 8 (2) The area prescribed by regulation may include-- 9 (a) a place to be associated with the major event, 10 including-- 11 (i) a public place where the major event is shown on a 12 screen for viewing by the public; and 13 (ii) a place set aside for the media to cover the major 14 event; and 15 (b) infrastructure used for the major event; and 16 (c) a place near a place or infrastructure mentioned in 17 paragraph (a) or (b). 18 10 What is the major event period 19 (1) The major event period, for a major event, is the period 20 prescribed by regulation under section 12(2)(c) as the period 21 in which a major event takes place. 22 (2) The period prescribed by regulation may include-- 23 (a) a reasonable period before the major event in order to 24 prepare for the major event; and 25 (b) a reasonable period after the major event in order to 26 restore the major event area to the condition the area 27 was in before the major event took place. 28 Page 10

 


 

Major Events Bill 2014 Part 3 Prescribing major events [s 11] 11 What is a controlled area 1 A controlled area, for a major event, is an area near a major 2 event area that is prescribed by regulation under section 3 12(3)(a). 4 Part 3 Prescribing major events 5 12 Prescribing event as major event 6 (1) The Governor in Council may, on the recommendation of the 7 Minister given under section 13, prescribe by regulation an 8 event as a major event. 9 (2) The regulation must also prescribe the following for the major 10 event-- 11 (a) the major event organiser; 12 (b) a major event area; 13 (c) the major event period; 14 (d) the provisions of this Act that apply to-- 15 (i) the major event; and 16 (ii) a major event area, and the period when those 17 provisions apply. 18 (3) The regulation may prescribe-- 19 (a) a controlled area for the major event; and 20 (b) the control period; and 21 (c) the provisions of this Act that apply to a controlled area, 22 and the period when those provisions apply. 23 Page 11

 


 

Major Events Bill 2014 Part 3 Prescribing major events [s 13] 13 Minister's recommendation to Governor to prescribe 1 major event 2 (1) If the Minister is considering recommending that the 3 Governor in Council prescribe an event as a major event, the 4 Minister must consult with the following persons-- 5 (a) each local government that governs a local government 6 area in which a major event area is to be prescribed; 7 (b) if a regulation is to give an authorised person a power 8 for the major event--the Minister administering the 9 Police Service Administration Act 1990; 10 (c) if a regulation is to affect the operation of transport 11 infrastructure within the meaning of the Transport 12 Infrastructure Act 1994--the Minister administering 13 that Act; 14 (d) if a regulation is to authorise exemptions to health 15 practitioner requirements under part 5, division 5--the 16 Health Minister; 17 (e) if the major event area is or includes major sports 18 facility land--the Minister administering the Major 19 Sports Facilities Act 2001. 20 (2) The Minister may also consult with other public authorities 21 before recommending that the Governor in Council prescribe 22 an event as a major event. 23 (3) After considering any representations made by those persons, 24 the Minister may recommend that the Governor in Council 25 prescribe the event as a major event under section 12 if the 26 Minister is reasonably satisfied that-- 27 (a) the event is a large State, national or international 28 sporting or cultural event; and 29 (b) it is in the public interest for the Governor in Council to 30 prescribe the event. 31 (4) When deciding whether to make a recommendation, and 32 without limiting the matters the Minister may consider under 33 subsection (3), the Minister may consider-- 34 Page 12

 


 

Major Events Bill 2014 Part 4 Carrying out works for major event [s 14] (a) the size of the event; or 1 (b) the number of spectators that are likely to attend the 2 event; or 3 (c) the likely extent of media coverage of the event; or 4 (d) the likely contribution that the event will make to the 5 economy of the State; or 6 (e) the likely contribution that the event will make to the 7 State's international reputation as a host of major events. 8 Part 4 Carrying out works for major 9 event 10 Division 1 Carrying out works in declared 11 construction area 12 14 Declaration of declared construction area 13 (1) The Minister may, by gazette notice, declare an area that is 14 proposed to be a major event area as a declared construction 15 area. 16 (2) If the gazette notice identifies a declared construction area by 17 reference to a map or plan, the map or plan must be displayed 18 on the department's website. 19 Editor's note-- 20 The department's website is . 21 (3) The Minister must publish the details of the declared 22 construction area and the effect of the declaration in a 23 newspaper circulating-- 24 (a) in the declared construction area; and 25 (b) generally in the State. 26 Page 13

 


 

Major Events Bill 2014 Part 4 Carrying out works for major event [s 15] (4) A regulation that prescribes a major event area may include 1 some or all of a declared construction area in the major event 2 area. 3 15 Constructing works in declared construction area 4 (1) A person (an authorised occupier) who is authorised in 5 writing by the Minister may enter onto land inside a declared 6 construction area to carry out-- 7 (a) works on, over or under the land for the major event; 8 and 9 (b) other activities that the Minister or authorised occupier 10 considers necessary for, or incidental to, the works; and 11 (c) maintenance on the works. 12 (2) The authorised occupier may exercise those powers only if-- 13 (a) for public land--the authorised occupier is acting in 14 accordance with the conditions stated in the Minister's 15 authorisation; or 16 (b) the entity that owns, occupies or controls the land 17 agrees. 18 (3) As soon as reasonably practicable after the construction 19 period, the authorised occupier must return the land to-- 20 (a) the condition the land was in immediately before the 21 works were carried out; or 22 Examples-- 23 · repairing any damage done on, over or under the land 24 caused by the works 25 · removing rubbish from the land 26 (b) if the major event organiser and the owner, occupier or 27 controller of the land agreed to improvements on the 28 land--the condition the land was in immediately before 29 the works were carried out, with the improvements 30 agreed to by the owner, occupier or controller. 31 (4) In this section-- 32 Page 14

 


 

Major Events Bill 2014 Part 4 Carrying out works for major event [s 16] construction period means-- 1 (a) if the declared construction area does not become a 2 major event area--the period during which the 3 construction is carried out; or 4 (b) the major event period. 5 Division 2 Temporary works and maintenance 6 in major event area 7 16 Carrying out temporary works and maintenance in major 8 event area 9 (1) This section applies if the major event organiser intends to 10 carry out any of the following works on public land inside a 11 major event area-- 12 (a) temporary works on, over or under the land for the 13 major event; 14 Example of temporary works-- 15 erecting a grandstand or barricade 16 (b) other activities that the organiser considers necessary 17 for, or incidental to, the temporary works; 18 (c) maintenance on the temporary works. 19 (2) The major event organiser may enter onto the public land, 20 during a period prescribed by regulation for this section, to 21 carry out the works only if-- 22 (a) the Minister has published a notice in a newspaper 23 circulating in the following areas stating what powers 24 the organiser intends to exercise in the major event 25 area-- 26 (i) the major event area; 27 (ii) generally in the State; and 28 (b) either-- 29 Page 15

 


 

Major Events Bill 2014 Part 4 Carrying out works for major event [s 16] (i) the organiser is acting in accordance with the 1 conditions decided by the Minister; or 2 (ii) the owner or occupier of the land, or person who 3 ordinarily controls the land, agrees. 4 (3) If-- 5 (a) a vehicle is left unattended on public land; and 6 (b) the major event organiser needs to move the vehicle to 7 carry out the works under subsection (1); 8 an authorised person may deal with the vehicle in accordance 9 with part 7, division 4, subdivision 2. 10 (4) As soon as reasonably practicable after the major event 11 period, the major event organiser must return the land to-- 12 (a) the condition the land was in immediately before the 13 temporary works were carried out; or 14 Examples-- 15 · repairing any damage done on, over or under the land 16 caused by the temporary works 17 · removing all rubbish from the land 18 (b) if the major event organiser and the owner, occupier or 19 controller of the land agreed to improvements on the 20 land--the condition the land was in immediately before 21 the temporary works were carried out, with the 22 improvements agreed to by the owner, occupier or 23 controller. 24 Page 16

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 17] Part 5 Major event provisions 1 Division 1 When part applies 2 17 When part applies 3 A provision of this part that is prescribed by regulation for a 4 major event applies to the major event for-- 5 (a) the major event period; or 6 (b) a shorter period prescribed by regulation. 7 Division 2 People and vehicles in major event 8 area 9 Subdivision 1 Crowd and safety powers 10 18 Entering and exiting major event area 11 (1) A person must not enter or exit a major event area except 12 through an entrance or exit designated by the major event 13 organiser. 14 Maximum penalty--20 penalty units. 15 (2) A person must not enter, or remain in, a major event area 16 unless-- 17 (a) if the major event organiser is charging an entry fee for 18 the period the person remains in the major event 19 area--the person pays the entry fee; or 20 (b) the person is authorised, in writing, by the major event 21 organiser, whether under an occupant's pass or 22 otherwise; or 23 (c) the person is authorised, in writing, by Stadiums 24 Queensland, but only to the extent the major event area 25 is major sports facility land. 26 Page 17

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 19] Maximum penalty--20 penalty units. 1 (3) A person who appears to be drunk or adversely affected by a 2 drug must not enter a major event area. 3 Maximum penalty--20 penalty units. 4 (4) A person does not contravene subsection (1), (2) or (3) if the 5 person has a reasonable excuse. 6 (5) An authorised person may ask a person entering a major event 7 area to consent to all or any of the following-- 8 (a) the use of an electronic detection device, including a 9 metal detector, on the person or the person's 10 possessions; 11 (b) the authorised person searching and examining the 12 person's possessions; 13 (c) the authorised person asking the person to identify the 14 person's possessions; 15 (d) the removal of a person's outer clothing, shoes, hat or 16 other head gear; 17 (e) if the person is entering the major event area in a 18 vehicle--a search of the vehicle. 19 19 Occupant's pass 20 (1) A person who lives, works or has a business in a major event 21 area may apply to the major event organiser for a pass (an 22 occupant's pass) that authorises the person to enter and 23 remain in the major event area during the major event period. 24 (2) The application must be in the form approved by the major 25 event organiser. 26 (3) The major event organiser must grant the application if the 27 organiser is satisfied the applicant needs access to the major 28 event area during the major event period-- 29 (a) to enable the applicant to travel to or from the place 30 where the applicant lives, works or has a business; or 31 (b) for the ordinary use and enjoyment of those places. 32 Page 18

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 20] (4) An occupant's pass may be granted subject to conditions, 1 including a condition limiting the period for which the pass is 2 valid to the days and times stated on the pass. 3 20 Conduct while entering or within major event area 4 (1) A person must not possess any of the following while entering 5 or within a major event area-- 6 (a) a weapon; 7 (b) an explosive; 8 (c) a flare or other distress signal; 9 (d) a laser pointer; 10 (e) an animal, other than-- 11 (i) for a person with a disability who relies on a guide, 12 hearing or assistance dog--the guide, hearing or 13 assistance dog; or 14 (ii) for a person who lives in a major event area--the 15 person's pet; 16 (f) another thing prescribed by regulation. 17 Maximum penalty--20 penalty units. 18 (2) Subsection (1) does not apply to a police officer while 19 performing duties as an officer. 20 (3) A person must not light any of the following while entering or 21 within a major event area-- 22 (a) an explosive; 23 (b) a flare or other distress signal. 24 Maximum penalty--30 penalty units. 25 (4) A person must not throw or propel any of the following while 26 entering or within a major event area-- 27 (a) anything that may injure a person or damage property, 28 including-- 29 (i) an explosive; or 30 Page 19

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 20] (ii) a flare or other distress signal; 1 (b) anything that may disrupt the major event. 2 Maximum penalty-- 3 (a) for paragraph (a)--40 penalty units; or 4 (b) for paragraph (b)--10 penalty units. 5 (5) However, subsection (4) does not apply to a person who is-- 6 (a) a performer or participant at the major event who throws 7 or propels an object that person ordinarily throws or 8 propels as part of the major event; or 9 (b) a spectator at a major event who returns an object 10 mentioned in paragraph (a) in a way not intended to 11 contravene subsection (4). 12 (6) A person must not do any of the following in a major event 13 area-- 14 (a) offer a service for a fee, gain or reward; 15 (b) solicit, or attempt to solicit, money from another person; 16 (c) erect a tent or another temporary structure; 17 (d) erect or affix a decoration or equipment; 18 (e) tout for business; 19 (f) distribute a document; 20 (g) busk; 21 (h) another thing prescribed by regulation. 22 Maximum penalty--20 penalty units. 23 (7) A person does not contravene this section if-- 24 (a) the person has the written approval of the major event 25 organiser to do or possess the thing in a major event 26 area; or 27 (b) the person has a reasonable excuse. 28 Page 20

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 21] 21 Entering restricted area in major event area 1 (1) This section applies to an area (restricted area) inside a major 2 event area, other than a playing field or a competition or 3 performance area, if-- 4 (a) the major event organiser has limited access to and use 5 of the restricted area to performers or participants in a 6 sporting, cultural or other event that forms part of the 7 major event; or 8 (b) Stadiums Queensland has limited access to and use of 9 the restricted area, to the extent it is major sports facility 10 land, to particular persons. 11 (2) A person must not enter the restricted area unless the 12 person-- 13 (a) is a performer or participant in the major event; or 14 (b) is involved in the preparation or holding of the major 15 event; or 16 (c) is authorised, in writing, to enter the restricted area by-- 17 (i) the major event organiser; or 18 (ii) Stadiums Queensland, but only to the extent the 19 major event area is major sports facility land; or 20 (d) has a reasonable excuse. 21 Maximum penalty--20 penalty units. 22 22 Entering onto playing field or competition or performance 23 area 24 (1) A person must not-- 25 (a) enter onto a playing field, or a competition or 26 performance area; or 27 (b) obstruct a performer or participant who is participating 28 in the major event. 29 Maximum penalty-- 30 (a) for paragraph (a)--40 penalty units; or 31 Page 21

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 23] (b) for paragraph (b)--80 penalty units. 1 (2) Subsection (1) does not apply to a person who-- 2 (a) is a performer or participant in the major event; or 3 (b) is involved in the control or management of the sporting, 4 cultural or other event that forms part of the major event; 5 or 6 (c) is authorised by the major event organiser to enter onto 7 the playing field or competition or performance area; or 8 (d) has a reasonable excuse. 9 23 Liquor 10 (1) A person must not bring liquor into a major event area unless 11 the person is bringing in the liquor-- 12 (a) for sale or supply under subsection (2); or 13 (b) for-- 14 (i) the person who is permitted to sell or supply liquor 15 in the major event under subsection (2); and 16 (ii) sale or supply under subsection (2); or 17 (c) to supply or consume the liquor under subsection (3). 18 Maximum penalty--20 penalty units. 19 (2) A person must not sell, supply or consume liquor in the major 20 event area other than in-- 21 (a) a licensed premises or another place that is authorised to 22 supply liquor under the Liquor Act 1992; or 23 (b) a place exempted from complying with the Liquor Act 24 1992 under that Act; or 25 (c) an area designated by the major event organiser as a 26 place if liquor can be sold, supplied or consumed at the 27 place under the Liquor Act 1992. 28 Maximum penalty--20 penalty units. 29 Page 22

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 24] (3) A person does not commit an offence under subsection (2) by 1 supplying or consuming liquor in a place the person is living 2 in, or otherwise staying in accommodation in, the major event 3 area. 4 24 Evidence of right to be in major event area or part of 5 major event area 6 An authorised person may ask a person who is inside a major 7 event area to produce-- 8 (a) a ticket entitling the person to be in the major event area, 9 or the part of the major event area in which the person 10 is; or 11 (b) other evidence of the person's right to be in the major 12 event area or part. 13 Examples of evidence for paragraph (b)-- 14 · an occupant's pass 15 · another authorisation from the major event organiser 16 25 Inspecting thing in person's possession inside major 17 event area 18 An authorised person may ask a person inside a major event 19 area to consent to-- 20 (a) opening a bag, container or other thing in the possession 21 of the person; or 22 (b) allowing the authorised person to inspect the bag, 23 container or other thing. 24 26 Directing person to leave major event area 25 (1) This section applies to a person inside a major event area 26 who-- 27 (a) is committing an offence; or 28 (b) appears to be drunk or adversely affected by a drug; or 29 Page 23

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 26] (c) does not consent to any of the matters mentioned in 1 section 18(5); or 2 (d) does not produce a ticket or other evidence of the 3 person's right to be in all or part of the major event area 4 under section 24; or 5 (e) does not consent to the authorised person opening or 6 inspecting a thing under section 25. 7 (2) An authorised person may direct the person-- 8 (a) to immediately leave the major event area; and 9 (b) not enter the major event area for a period of not longer 10 than 24 hours. 11 (3) The person must comply with the direction. 12 Maximum penalty--20 penalty units. 13 (4) If-- 14 (a) the person was directed to leave the major event area for 15 a reason mentioned in subsection (1)(a) or (b); and 16 (b) the major event organiser is reasonably satisfied that the 17 nature of the person's behaviour justifies banning the 18 person from the major event area for a period of more 19 than 24 hours; 20 the major event organiser may direct the person not to enter 21 the major event area for a period that does not extend past the 22 end of the major event period. 23 (5) The person must comply with the direction. 24 Maximum penalty--60 penalty units. 25 (6) If a person fails to comply with a direction under this section, 26 a police officer may use reasonable force to remove the person 27 from the major event area. 28 (7) If the person is removed from the major event area under 29 subsection (4), the major event organiser may-- 30 (a) take a photograph or other image of the person; and 31 Page 24

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 27] (b) use the photograph or other image only for the purposes 1 of this Act. 2 Subdivision 2 Vehicles 3 27 Bringing vehicles into major event area 4 A person must not bring a vehicle into a major event area 5 unless-- 6 (a) the vehicle is-- 7 (i) on a road that is open to the public; or 8 (ii) a police or emergency vehicle; or 9 (b) the person is authorised, in writing, by the major event 10 organiser; or 11 (c) the person is authorised, in writing, by Stadiums 12 Queensland, but only to the extent the major event area 13 is major sports facility land; or 14 (d) the person has a reasonable excuse. 15 Maximum penalty--20 penalty units. 16 28 Leaving vehicles in major event area 17 (1) A person must not park or leave a vehicle in a major event 18 area unless-- 19 (a) the vehicle is in a place authorised for parking or leaving 20 a vehicle; or 21 (b) the vehicle is a police or emergency vehicle; or 22 (c) the person is authorised, in writing, by the major event 23 organiser; or 24 (d) the person is authorised, in writing, by Stadiums 25 Queensland, but only to the extent the major event area 26 is major sports facility land; or 27 (e) the person has a reasonable excuse. 28 Page 25

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 29] Maximum penalty--20 penalty units. 1 (2) If a vehicle is left in a major event area in contravention of 2 subsection (1), an authorised person may deal with the vehicle 3 in accordance with part 7, division 4, subdivision 2. 4 Subdivision 3 Control of airspace 5 29 Aircraft operating in airspace above major event 6 (1) A person must not operate an aircraft, or cause an aircraft to 7 be operated, over or in a restricted area that relates to a major 8 event area during the major event period. 9 Maximum penalty--2000 penalty units. 10 (2) However, subsection (1) does not apply if-- 11 (a) the flight of the aircraft is permitted by the CASA 12 declaration of the restricted area; or 13 (b) the aircraft is a military aircraft or a police aircraft that 14 is being operated for a military or security purpose; or 15 (c) the aircraft is being operated for an emergency purpose. 16 (3) This section applies-- 17 (a) instead of a provision of the Queensland air navigation 18 regulations to the extent of any inconsistency with those 19 provisions; and 20 (b) to the extent of Parliament's legislative power. 21 (4) In this section-- 22 CASA declaration means the declaration of a restricted area 23 by CASA under the Airspace Act 2007 (Cwlth). 24 restricted area means an area declared by CASA to be a 25 restricted area under the Airspace Act 2007 (Cwlth). 26 Page 26

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 30] Division 3 Limits on commercial activity for 1 major event 2 Subdivision 1 Selling during control period or 3 major event period 4 30 Selling on road, public land or major event area 5 (1) A person must not sell or distribute a thing on a road or public 6 land in a controlled area during the control period, or a major 7 event area during the major event period, unless-- 8 (a) the sale or distribution is a type prescribed by 9 regulation; or 10 (b) the person has the written approval of the major event 11 organiser. 12 Maximum penalty--50 penalty units. 13 (2) If an authorised person reasonably suspects that a person is 14 selling or distributing a thing in contravention of subsection 15 (1), the authorised person may direct the person to remove the 16 thing from the controlled area or major event area-- 17 (a) immediately; or 18 (b) within another time stated by the authorised person. 19 (3) The person must comply with the direction. 20 Maximum penalty--20 penalty units. 21 (4) If the person does not comply with the direction, the 22 authorised person may seize the thing in accordance with part 23 7, division 4, subdivision 3. 24 Page 27

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 31] Subdivision 2 Resale of tickets 1 31 Resale of tickets 2 (1) A person must not sell, or offer for sale, a ticket to a major 3 event-- 4 (a) in a controlled area or major event area; or 5 (b) at a price that is at least 10% more than the original sale 6 price of the ticket. 7 Maximum penalty--20 penalty units. 8 (2) However, subsection (1) does not apply if the person has the 9 written approval of the major event organiser. 10 (3) In this section-- 11 original sale price, of a ticket, means-- 12 (a) the sale price of the ticket when it was bought from-- 13 (i) the major event organiser; or 14 (ii) an agent authorised by the major event organiser; 15 and 16 (b) a fee or commission charged for the ticket. 17 Subdivision 3 Marketing and advertising 18 32 Ambush marketing in major event area 19 (1) This section applies to-- 20 (a) a major event area during the major event period; and 21 (b) a controlled area during the control period. 22 (2) A person must not, unless the person has the written approval 23 of the major event organiser-- 24 (a) promote a person, a thing or service; or 25 Page 28

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 33] (b) do something that suggests the person, thing or service 1 is a sponsor or affiliate or has the approval of-- 2 (i) the major event; or 3 (ii) an event associated with the major event; or 4 (iii) the major event organiser. 5 Maximum penalty--100 penalty units. 6 (3) If an authorised person reasonably suspects that a person is 7 contravening subsection (2), the authorised person may direct 8 the person to, within a reasonable time-- 9 (a) remove a thing that is used in the marketing from the 10 major event area or controlled area; or 11 (b) cover a thing that is used in the marketing. 12 (4) The person must comply with the direction. 13 Maximum penalty--20 penalty units. 14 (5) If the person fails to comply with the direction, the authorised 15 person may seize the thing in accordance with part 7, division 16 4, subdivision 3. 17 33 Advertising in controlled area or major event area 18 (1) This section applies to a property inside a controlled area or 19 major event area during the control period. 20 (2) A person must not display, or permit to be displayed, an 21 advertisement on the property, including on the outside of a 22 building or structure on the property. 23 Maximum penalty--700 penalty units. 24 (3) However, subsection (2) does not apply if-- 25 (a) the person covers the advertisement during the control 26 period; or 27 (b) the person has the written approval of the major event 28 organiser to display the advertisement; or 29 Page 29

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 34] (c) the advertisement is a type of advertisement prescribed 1 by regulation; or 2 (d) the advertisement-- 3 (i) was displayed before the major event period; and 4 (ii) was displayed in the course of the person's 5 ordinary activities; and 6 (iii) does not imply that the advertiser is a sponsor of 7 the major event. 8 (4) An authorised person may enter on the property to cover or 9 remove an advertisement-- 10 (a) that contravenes this section; or 11 (b) if subsection (3)(d) applies to the advertisement. 12 (5) However, an authorised person must not enter onto land where 13 a person lives without the person's consent. 14 (6) An authorised person must take reasonable steps to prevent 15 damage happening when removing an advertisement. 16 34 Advertising on vessel 17 A person must not display advertising on a vessel that is-- 18 (a) inside the major event area; or 19 (b) visible from a major event area or controlled area; 20 unless the person has the written approval of the major event 21 organiser. 22 Maximum penalty--400 penalty units. 23 35 Advertising in major event airspace 24 (1) A person must not display an advertisement in airspace above, 25 or visible from, a major event area or controlled area by-- 26 (a) skywriting; or 27 (b) attaching or displaying an advertisement on a person or 28 on an aircraft; or 29 Page 30

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 36] (c) towing an advertisement behind a person or an aircraft. 1 Maximum penalty--700 penalty units. 2 (2) However, a person does not commit an offence under 3 subsection (1)-- 4 (a) if the person has the written approval of the major event 5 organiser; or 6 (b) by displaying an advertisement by markings that are 7 ordinarily displayed on the aircraft. 8 Subdivision 4 Broadcasting or recording major 9 event 10 36 Broadcasting or recording of major event 11 (1) A person must not broadcast or record a major event unless-- 12 (a) the person has the written approval of the major event 13 organiser; or 14 (b) the person broadcasts or records the major event-- 15 (i) on a personal electronic device; and 16 (ii) for personal use; and 17 (iii) for a purpose other than for profit or gain. 18 Maximum penalty--400 penalty units. 19 (2) In this section-- 20 broadcast means broadcast or transmission made 21 electronically or in any other way. 22 record means take a photograph or make an audio or visual 23 recording. 24 Page 31

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 37] Division 4 Roads and traffic 1 37 Traffic and transport management plan for major event 2 (1) The major event organiser must prepare a traffic and transport 3 management plan for a major event. 4 (2) The traffic and transport management plan must include 5 details of-- 6 (a) temporary road closures for the major event; and 7 (b) major event lanes to be declared for the major event; and 8 (c) if a major event lane is to be declared for the event--the 9 types of vehicles that are to be prescribed under section 10 39(2)(b)(ii); and 11 (d) how an emergency vehicle will be able to access the 12 major event for an emergency purpose; and 13 (e) any other measures the major event organiser intends to 14 take to manage traffic in or around the major event area. 15 (3) When preparing the traffic and transport management plan, 16 the major event organiser must consult with the chief 17 executive (transport). 18 (4) The major event organiser may consult with other public 19 authorities when preparing the plan, such as-- 20 (a) local governments; or 21 (b) operators of public passenger services under the 22 Transport Operations (Passenger Transport) Act 1994; 23 or 24 (c) the Queensland Fire and Emergency Service; or 25 (d) the Queensland Police Service. 26 (5) A traffic and transport management plan does not have effect 27 unless the major event organiser has received the written 28 consent of the chief executive (transport) to the plan. 29 Page 32

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 38] 38 Declaration of major event lane 1 (1) This section applies to a marked lane of a road-- 2 (a) that-- 3 (i) is inside a major event area; or 4 (ii) provides participants in a major event access to a 5 major event area from another place; and 6 (b) that is identified as a proposed major event lane in the 7 traffic and transport management plan for a major event. 8 (2) A regulation may declare the lane to be a major event lane for 9 a stated period. 10 (3) The regulation must show the major event lane on a map in 11 the regulation. 12 (4) The chief executive (transport) must install major event lane 13 signs on a road on which a major event lane has been declared 14 in a way specified in the Manual of Uniform Traffic Control 15 Devices issued by the chief executive (transport) under the 16 Road Use Act. 17 (5) The chief executive (transport) must remove the major event 18 lane signs after the declaration ends. 19 (6) In this section-- 20 install see the Road Use Act, section 67. 21 marked lane see the Queensland Road Rules, schedule 5. 22 39 Using major event lane 23 (1) The major event organiser may give a person a permit (a 24 major event lane permit) authorising the person to drive in a 25 major event lane. 26 (2) A person must not drive a vehicle in a major event lane 27 unless-- 28 (a) a major event lane permit is displayed on the vehicle in a 29 way that is clearly visible from outside the vehicle; or 30 (b) the person is driving-- 31 Page 33

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 39] (i) a police or emergency vehicle; or 1 (ii) another type of vehicle prescribed by regulation, 2 such as a bus or taxi. 3 Maximum penalty--20 penalty units. 4 (3) However, a person does not contravene subsection (2) if major 5 event lane signs are not installed on the road under section 6 38(4). 7 (4) An authorised person may require the person in control of a 8 vehicle with a major event lane permit to-- 9 (a) give the permit to the authorised person so that the 10 authorised person is able to inspect the permit; and 11 (b) state the person's name and residential address. 12 (5) The authorised person may require the person to give 13 evidence of the correctness of the stated name or address if, in 14 the circumstances, it would be reasonable to expect the person 15 to-- 16 (a) be in possession of evidence of the correctness of the 17 stated name or address; or 18 (b) otherwise be able to give the evidence. 19 (6) An authorised person may stop a vehicle in a major event lane 20 under section 64 to make a requirement under subsection (4). 21 (7) A person must comply with a requirement made of the person 22 under subsection (4) or (5). 23 Maximum penalty--20 penalty units. 24 (8) An authorised person may confiscate a major event lane 25 permit if the authorised office reasonably suspects that-- 26 (a) the permit is a forgery; or 27 (b) the permit is being used by a person other than the 28 person who was issued the permit. 29 Page 34

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 40] 40 Power to close a road 1 (1) For the purposes of a major event, the major event organiser 2 may close to use by a person or vehicle all or part of a road in 3 the major event area. 4 (2) To remove any doubt, it is declared that a road, or part of a 5 road, does not stop being a public place under an Act, or a 6 road for the purposes of the Road Use Act, the Motor 7 Accident Insurance Act 1994 or another Act, because it is 8 closed to use by a person or vehicle under this section. 9 Division 5 Visiting health practitioner 10 exemptions for exempt events 11 41 When division applies 12 This division applies in relation to any of the following events 13 (an exempt event) for the period (the exemption period) 14 prescribed by regulation-- 15 (a) a major event; 16 (b) an event prescribed by regulation that is held in a State, 17 if the Governor in Council is reasonably satisfied the 18 event will attract visitors to the State to prepare for the 19 event. 20 42 Effect of this division 21 (1) The purpose of this division is to allow visiting health 22 practitioners to be exempted from having to register under 23 State law when practising a health profession for a visitor for 24 an exempt event during the exemption period. 25 (2) This division does not affect the lawful occupation, trade or 26 business of a person in the person's capacity as a health 27 practitioner. 28 Page 35

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 43] 43 Registration exemption notice 1 (1) The Health Minister may publish a notice (a registration 2 exemption notice) in the gazette for an exempt event. 3 (2) The registration exemption notice must state a procedure for a 4 person to give the chief health officer a written notice (an 5 intention to practise notice) of a person's intention to practise 6 a health profession for a visitor in the State. 7 (3) The procedure may require the person to give information to 8 the chief health officer. 9 (4) A registration exemption notice may-- 10 (a) authorise a visiting health practitioner to issue 11 prescriptions for a restricted drug, or a controlled drug, 12 in the course of practising a health profession under this 13 Act for a period; or 14 (b) authorise a dispenser to supply a restricted drug or 15 controlled drug under those prescriptions; or 16 (c) authorise a visiting health practitioner to be supplied 17 with an S2 or S3 substance by wholesale for the 18 practitioner to practise a health profession under this 19 Act; or 20 (d) authorise a wholesaler to supply an S2 or S3 substance 21 by wholesale to an authorised visiting health 22 practitioner; or 23 (e) impose conditions on any authorisation in the notice, 24 such as the way a visiting health practitioner is to 25 practise a health profession under this Act. 26 (5) However, the Health Minister must not give any of those 27 authorisations unless satisfied that adequate arrangements are 28 in place to ensure a drug will be prescribed for, and supplied 29 to, only persons to whom visiting health practitioners are 30 authorised to practise a health profession under this Act. 31 Page 36

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 44] 44 Practising health profession for visitor 1 A visiting health practitioner is authorised to practise a health 2 profession for a visitor who is a member of the class of 3 visitors authorised by the Health Minister under a registration 4 exemption notice-- 5 (a) during the period that is stated in the registration 6 exemption notice; and 7 (b) in accordance with this Act, including any conditions 8 imposed under this Act. 9 45 Storage of restricted or controlled drugs 10 A visiting health practitioner must ensure a restricted drug or 11 controlled drug in the visiting health practitioner's possession 12 is kept-- 13 (a) in a secure place under the visiting health practitioner's 14 personal control; and 15 (b) in accordance with written directions given to the 16 practitioner by the chief health officer. 17 46 Exemptions relating to offences 18 (1) A visiting health practitioner does not commit an offence 19 under the Health Practitioner Regulation National Law 20 (Queensland), the Drugs Regulation or the Drugs Misuse Act 21 by-- 22 (a) practising a health profession as authorised under this 23 Act; or 24 (b) if a substance is a substance that may be lawfully 25 possessed, supplied or administered by a local health 26 practitioner--possessing, supplying or administering 27 the substance in the course of practising the authorised 28 health profession; or 29 (c) prescribing a restricted drug or controlled drug in the 30 course of practising the authorised health profession; or 31 Page 37

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 46] (d) holding himself or herself out as being able to practise 1 the authorised health profession; or 2 (e) using a title, reference to a qualification, description, 3 word, letter or symbol that the visiting health 4 practitioner ordinarily uses. 5 (2) A visitor does not commit an offence under the Drugs 6 Regulation or the Drugs Misuse Act by doing anything, or 7 possessing a substance, as a result of having a visiting health 8 practitioner practise a health profession under this Act. 9 (3) A dispenser does not commit an offence under the Drugs 10 Regulation by dispensing a restricted or controlled drug in 11 accordance with a prescription issued by a visiting health 12 practitioner, if-- 13 (a) the dispenser reasonably believes the health practitioner 14 is authorised under this Act to issue the prescription; 15 and 16 (b) the dispenser is authorised under this Act to supply the 17 drug. 18 (4) A wholesaler does not commit an offence under the Drugs 19 Regulation or the Drugs Misuse Act by supplying an S2 or S3 20 substance by wholesale to a visiting health practitioner if the 21 wholesaler-- 22 (a) reasonably believes the visiting health practitioner is 23 authorised under this Act to be supplied with the 24 substance by wholesale; and 25 (b) is authorised under this Act to supply the substance by 26 wholesale; and 27 (c) is complying with the conditions to which the 28 wholesaler's licence is subject under the Drugs 29 Regulation. 30 Page 38

 


 

Major Events Bill 2014 Part 5 Major event provisions [s 47] 47 Forwarding copies of prescriptions 1 (1) This section applies to a dispenser who dispenses a restricted 2 or controlled drug in accordance with a prescription given 3 under this Act. 4 (2) The dispenser must, within 14 days of dispensing the drug, 5 give a copy of the prescription to the chief health officer. 6 Maximum penalty--40 penalty units. 7 (3) The copy of the prescription must clearly show the type and 8 quantity of the drug to which the prescription relates. 9 48 Monitoring prescription and supply of particular 10 substances 11 The chief health officer must monitor-- 12 (a) the prescription, under this Act, of restricted and 13 controlled drugs by visiting health practitioners; and 14 (b) the supply, under this Act, of S2 and S3 substances by 15 wholesalers. 16 49 Complaints about visiting health practitioners 17 (1) This section applies to a visiting health practitioner other than 18 a practitioner who is registered under the Health Practitioner 19 Regulation National Law (Queensland). 20 (2) A health service complaint may not be made about a visiting 21 health practitioner under the Health Ombudsman Act 2013. 22 Page 39

 


 

Major Events Bill 2014 Part 6 Official logos or titles [s 50] Part 6 Official logos or titles 1 50 How part applies 2 This part does not affect or limit a civil right or remedy that 3 exists apart from this part, whether at common law or 4 otherwise. 5 51 Declaring official logo or official title for major event 6 (1) The Minister may declare, by regulation, that-- 7 (a) a logo is an official logo for a major event; or 8 (b) a title is an official title for a major event. 9 (2) The declaration ends at the end of the major event period. 10 52 Use of official logo or title 11 (1) The major event organiser may give a person a written notice 12 authorising the person to use an official logo or official title. 13 (2) The notice must state the following-- 14 (a) the official logo or official title that the authorisation 15 applies to; 16 (b) the name of the person authorised to use the official logo 17 or official title; 18 (c) any limit on the right to use the official logo or official 19 title; 20 (d) the duration of the authorisation; 21 (e) the day that the authorisation was given. 22 (3) A person must not use an official logo or official title, or a 23 logo or title that is deceptively similar, or substantially 24 identical, to an official logo or official title-- 25 (a) for a commercial purpose; or 26 (b) to promote, advertise or market a thing or service; or 27 Page 40

 


 

Major Events Bill 2014 Part 6 Official logos or titles [s 53] (c) to suggest that the person has a connection with the 1 major event. 2 Maximum penalty--100 penalty points. 3 (4) However, subsection (3) does not apply if-- 4 (a) a person uses the official logo or official title in 5 accordance with an authorisation given under this 6 section; or 7 (b) the use is for, or is incidental to-- 8 (i) giving information, including reporting of news or 9 current affairs; or 10 (ii) criticising or reviewing something, including in a 11 newspaper, magazine, periodical, broadcast or 12 film; or 13 (iii) giving professional advice; or 14 (iv) a research or education purpose. 15 (5) In this section-- 16 deceptively similar, to an official logo or official title, means 17 so nearly resembling the official logo or official title that it is 18 likely to deceive or cause confusion. 19 53 Register of official logos and titles and authorisations 20 (1) The major event organiser must keep a register of-- 21 (a) the official logos and official titles for the major event; 22 and 23 (b) the organiser's authorisations to use the official logos 24 and official titles granted under section 52. 25 (2) The major event organiser may make the register available for 26 inspection, free of charge, by the public-- 27 (a) at the organiser's office during the organiser's normal 28 office hours; or 29 (b) on the organiser's website. 30 Page 41

 


 

Major Events Bill 2014 Part 7 Authorised persons for major events [s 54] 54 Authorised person may seize thing displaying official 1 logo or title 2 (1) This section applies if-- 3 (a) a person possesses a thing displaying an official logo or 4 official title; and 5 (b) the use of the official logo or official title on the thing is 6 by a person who does not have an authorisation under 7 section 52; and 8 (c) an authorised person reasonably suspects that the person 9 intends to sell the thing. 10 (2) An authorised person may seize the thing in accordance with 11 part 7, division 4, subdivision 3. 12 Part 7 Authorised persons for major 13 events 14 Division 1 When part applies 15 55 When part applies 16 This part applies if a regulation prescribing a major event 17 applies a provision of this Act to a major event that gives an 18 authorised person a power for the event. 19 Division 2 Appointment 20 56 Appointment and qualifications 21 (1) The major event organiser may, by instrument in writing, 22 appoint any of the following persons as an authorised person 23 for a major event for the major event period-- 24 Page 42

 


 

Major Events Bill 2014 Part 7 Authorised persons for major events [s 57] (a) a public service employee; 1 (b) a local government employee; 2 (c) an employee of the major event organiser; 3 (d) other persons prescribed by regulation. 4 (2) However, the major event organiser may appoint a person as 5 an authorised person only if-- 6 (a) the organiser is reasonably satisfied the person is 7 qualified for appointment because the person has the 8 necessary experience, expertise or training; or 9 (b) the person has the experience, expertise or training 10 prescribed by regulation. 11 (3) In this section-- 12 local government employee means-- 13 (a) a local government employee under the Local 14 Government Act 2009; or 15 (b) a council employee under the City of Brisbane Act 2010. 16 57 Conditions and limit on powers 17 (1) An authorised person holds office on the conditions-- 18 (a) stated in the authorised person's instrument of 19 appointment; or 20 (b) stated in a signed notice given to the authorised person; 21 or 22 (c) prescribed by regulation. 23 (2) The instrument of appointment, signed notice or regulation 24 may limit the authorised person's powers. 25 (3) In this section-- 26 signed notice means a notice signed by the major event 27 organiser. 28 Page 43

 


 

Major Events Bill 2014 Part 7 Authorised persons for major events [s 58] 58 When office ends 1 (1) The office of a person as an authorised person ends when-- 2 (a) the term of office stated in a condition of office ends; or 3 (b) under another condition of office, the office ends; or 4 (c) the major event period ends; or 5 (d) the person's resignation under section 59 takes effect; or 6 (e) for a police officer--the person ceases to be a police 7 officer. 8 (2) However, this section does not limit the ways the office of a 9 person as an authorised person ends. 10 (3) In this section-- 11 condition of office means a condition under which the 12 authorised person holds office. 13 59 Resignation 14 An authorised person may resign only by giving a signed 15 notice to the major event organiser. 16 Division 3 Identity cards 17 60 Issue of identity card 18 (1) The major event organiser must issue an identity card to an 19 authorised person, unless the authorised person is a police 20 officer. 21 (2) The identity card must-- 22 (a) contain a recent photo of the authorised person; and 23 (b) identify the person as an authorised person under this 24 Act; and 25 (c) describe generally the powers of an authorised person 26 under this Act; and 27 Page 44

 


 

Major Events Bill 2014 Part 7 Authorised persons for major events [s 61] (d) state an expiry date for the card; and 1 (e) show the signature of a delegate of the major event 2 organiser. 3 (3) This section does not prevent the issue of a single identity 4 card to a person for this Act and other purposes. 5 61 Production or display of identity card 6 In exercising a power in relation to a person in the person's 7 presence, an authorised person must-- 8 (a) produce the authorised person's identity card for the 9 person's inspection before exercising the power; or 10 (b) have the identity card displayed so it is clearly visible to 11 the person when exercising the power. 12 62 Return of identity card 13 If the office of a person as an authorised person ends, the 14 person must return the person's identity card to the major 15 event organiser within 21 days after the office ends unless the 16 person has a reasonable excuse. 17 Maximum penalty--20 penalty units. 18 Division 4 Powers of authorised persons 19 Subdivision 1 Requiring name and address 20 63 Requiring name and address 21 (1) This section applies if an authorised person-- 22 (a) finds a person committing an offence against this Act; or 23 (b) finds a person in circumstances that lead the authorised 24 person to reasonably suspect the person has just 25 committed an offence against this Act; or 26 Page 45

 


 

Major Events Bill 2014 Part 7 Authorised persons for major events [s 64] (c) has information that leads the authorised person to 1 reasonably suspect a person has just committed an 2 offence against this Act. 3 (2) The authorised person may require the person to-- 4 (a) state the person's name and residential address; and 5 (b) give evidence of the correctness of the stated name or 6 address if, in the circumstances, it would be reasonable 7 to expect the person to-- 8 (i) be in possession of evidence of the correctness of 9 the stated name or address; or 10 (ii) otherwise be able to give the evidence. 11 (3) When making the requirement, the authorised person must tell 12 the person that it is an offence not to comply with the 13 requirement. 14 (4) The person must comply with the requirement. 15 Maximum penalty--5 penalty units. 16 (5) A person may not be convicted of an offence under subsection 17 (4) unless the person is convicted of the offence mentioned in 18 subsection (1). 19 Subdivision 2 Stopping or moving vehicles 20 64 Powers for stopping or moving vehicles 21 (1) This section applies if the authorised person is to stop a 22 vehicle under section 39(6). 23 (2) If the vehicle is moving, the authorised person may signal or 24 otherwise direct the person in control of the vehicle to stop the 25 vehicle. 26 (3) When directing the person to stop the vehicle, the authorised 27 person must clearly identify himself or herself as an 28 authorised person exercising the authorised person's powers. 29 Page 46

 


 

Major Events Bill 2014 Part 7 Authorised persons for major events [s 65] Examples-- 1 1 If the authorised person is in a moving vehicle, he or she may use a 2 loud hailer to identify himself or herself as an authorised person 3 exercising powers. 4 2 If the authorised person is standing at the side of the road, he or she 5 may use a sign to identify himself or herself as an authorised person 6 exercising powers. 7 (4) If the vehicle is stopped, the authorised person may direct the 8 person in control of the vehicle-- 9 (a) not to move the vehicle until the authorised person has 10 exercised the authorised person's powers; or 11 (b) to move the vehicle to, and keep the vehicle at, a stated 12 reasonable place to allow the authorised person to 13 exercise the powers; or 14 (c) to get out of the vehicle. 15 (5) When giving a direction to the person to move the vehicle, the 16 authorised person must warn the person that failing to comply 17 with the direction is an offence. 18 (6) The person in control of the vehicle must comply with a 19 direction under subsection (4). 20 Maximum penalty--20 penalty units. 21 (7) If a person fails to comply with a direction under subsection 22 (4)(c), a police officer may use reasonable force to remove the 23 person from the vehicle. 24 (8) A person does not commit an offence against subsection (6) in 25 relation to a direction under subsection (4) if the person is not 26 warned that failing to comply with the direction is an offence. 27 65 Power to move or remove vehicles left in major event area 28 (1) This section applies if-- 29 (a) a vehicle is to be moved under section 16(3); or 30 (b) a vehicle is left in a major event area in contravention of 31 section 28. 32 Page 47

 


 

Major Events Bill 2014 Part 7 Authorised persons for major events [s 65] (2) An authorised person may take steps that are reasonable and 1 necessary to-- 2 (a) move the vehicle; or 3 (b) remove and securely store the vehicle; or 4 (c) remove the vehicle from a major event area. 5 (3) The major event organiser must, within 14 days after moving 6 or removing the vehicle, give the registered operator of the 7 vehicle a written notice that states-- 8 (a) the vehicle has been moved or removed; and 9 (b) how the vehicle may be recovered; and 10 (c) if the organiser considers, on reasonable grounds, the 11 vehicle has been abandoned-- 12 (i) the vehicle is considered to be abandoned property; 13 and 14 (ii) the vehicle may be sold if the vehicle is not 15 recovered within 2 months. 16 (4) If the registered operator can not be identified or located 17 within the 14 days, the notice may be given by publishing the 18 notice in a newspaper circulating generally in the State. 19 (5) However, the major event organiser need not give the notice 20 if-- 21 (a) the vehicle has insufficient value to justify giving the 22 notice; or 23 (b) it is otherwise impracticable to give the notice. 24 (6) To enable the major event organiser to give a notice under 25 subsection (3) to the registered operator of a vehicle, the chief 26 executive (transport) is authorised to disclose the following 27 information to the major event organiser-- 28 (a) the name and address of the registered operator; 29 (b) if a telephone number for the registered operator is 30 contained in the registered vehicles register--the 31 telephone number. 32 Page 48

 


 

Major Events Bill 2014 Part 7 Authorised persons for major events [s 66] 66 Moving expenses 1 (1) This section applies to the following persons-- 2 (a) if a vehicle is moved under section 65 by a police 3 officer--the commissioner of the police service; 4 (b) if the vehicle is moved under section 65 by another 5 authorised person--the major event organiser. 6 (2) The person may recover the reasonable expenses (the moving 7 expenses) of moving the vehicle, securely storing the vehicle, 8 and publishing any newspaper notice for the vehicle, from-- 9 (a) the person who was in charge of the vehicle 10 immediately before the vehicle was moved; or 11 (b) if the person in charge can not be identified--the 12 registered operator of the vehicle, unless the vehicle was 13 being used without the registered operator's consent. 14 (3) If the moving expenses are paid, the major event organiser 15 must release the vehicle to the registered operator of the 16 vehicle or in accordance with the registered operator's written 17 directions. 18 67 Disposing of vehicle 19 (1) This section applies if the major event organiser considers, on 20 reasonable grounds, a vehicle has been abandoned in a major 21 event area because-- 22 (a) the moving expenses are not paid within 2 months after 23 a notice is given under section 65; or 24 (b) if the major event organiser decides not to give a notice 25 under section 65--at least 2 months have passed since 26 the decision. 27 (2) The major event organiser may dispose of the vehicle-- 28 (a) by selling the vehicle; or 29 (b) if the proceeds of sale are not likely to cover the 30 reasonable expenses that would be incurred by the major 31 Page 49

 


 

Major Events Bill 2014 Part 7 Authorised persons for major events [s 68] event organiser in selling the vehicle--in the way the 1 major event organiser considers appropriate. 2 (3) If the vehicle is sold, the sale proceeds must be used to make 3 payments in the following order-- 4 (a) the expenses (the sale expenses) reasonably incurred by 5 the major event organiser in selling the vehicle; 6 (b) the moving expenses; 7 (c) any balance to the registered operator of the vehicle. 8 (4) If the sale proceeds are less than the sale and moving 9 expenses, the difference between the proceeds and the 10 expenses-- 11 (a) is a debt payable to the major event organiser by the 12 person who is liable for the moving expenses; and 13 (b) may be recovered as a debt by action against the person 14 in a court of competent jurisdiction. 15 (5) If the vehicle is not sold, the moving expenses and the 16 expenses reasonably incurred by the major event organiser in 17 disposing of the vehicle-- 18 (a) are a debt payable to the major event organiser by the 19 person who is liable for the moving expenses; and 20 (b) may be recovered as a debt by action against the person 21 in a court of competent jurisdiction. 22 (6) The major event organiser may waive part or all of the 23 expenses mentioned in this section. 24 Subdivision 3 Seizing evidence and other things 25 68 Receipt for seized thing 26 (1) This section applies if an authorised person seizes anything 27 under section 30, 32 or 54 unless-- 28 Page 50

 


 

Major Events Bill 2014 Part 7 Authorised persons for major events [s 69] (a) the authorised person reasonably believes there is 1 no-one apparently in possession of the thing or the thing 2 has been abandoned; or 3 (b) because of the condition, nature and value of the thing, it 4 would be unreasonable to require the authorised person 5 to comply with this section. 6 (2) The authorised person must, as soon as practicable after 7 seizing the thing, give an owner or person in control of the 8 thing before the thing was seized a receipt for the thing that 9 generally describes the thing and its condition. 10 (3) However, if an owner or person from whom the thing is seized 11 is not present when the thing is seized, the receipt may be 12 given by leaving the receipt in a conspicuous position and in a 13 reasonably secure way at the place at which the thing is 14 seized. 15 (4) The receipt may relate to more than 1 seized thing. 16 69 Keeping seized thing pending return or forfeiture 17 (1) The authorised person must give the seized thing to the major 18 event organiser as soon as practicable after the seizure. 19 (2) The major event organiser must keep the seized thing until the 20 thing is-- 21 (a) returned to its owner under section 71; or 22 (b) forfeited to the State under section 72 or 73. 23 70 Access to seized thing 24 (1) Until a seized thing is returned or forfeited, the major event 25 organiser must allow an owner of the thing to inspect the 26 thing, free of charge-- 27 (a) at any reasonable time; and 28 (b) from time to time. 29 (2) However, subsection (1) does not apply if it is impracticable 30 or would be unreasonable to allow the inspection. 31 Page 51

 


 

Major Events Bill 2014 Part 7 Authorised persons for major events [s 71] 71 Return of seized thing and compensation 1 (1) This section applies if-- 2 (a) a seized thing has some intrinsic value; and 3 (b) it is lawful for the owner to possess the thing. 4 (2) The major event organiser must return the seized thing to an 5 owner-- 6 (a) generally--at the end of 6 months after the seizure; or 7 (b) if a proceeding for an offence involving the thing is 8 started within the 6 months--at the end of the 9 proceeding and any appeal from the proceeding. 10 (3) However, if the thing was seized as evidence, the authorised 11 person must return the seized thing to an owner as soon as 12 practicable after the authorised person is satisfied the thing is 13 no longer necessary to retain the thing as evidence. 14 (4) If a seized thing has been destroyed, the major event organiser 15 must pay, to the thing's owner, compensation-- 16 (a) equal to the market value of the thing when the thing 17 was seized; and 18 (b) for any other loss or damage incurred by the owner as a 19 result of the seizure. 20 (5) This section does not affect a lien or other security over the 21 seized thing. 22 (6) In this section-- 23 destroyed, for a seized thing, includes damaged to the extent 24 that the thing is no longer fit for its designed use. 25 72 Forfeiture of seized thing by chief executive decision 26 (1) The chief executive may decide a seized thing is forfeited to 27 the State if-- 28 (a) the thing has no intrinsic value; or 29 (b) it is not lawful for the owner to possess the thing; or 30 Page 52

 


 

Major Events Bill 2014 Part 7 Authorised persons for major events [s 73] (c) the major event organiser reasonably believes it is 1 necessary to keep the thing to prevent the thing being 2 used to commit the offence for which the thing was 3 seized; or 4 (d) the major event organiser, after making reasonable 5 inquiries, can not find an owner; or 6 (e) the major event organiser, after making reasonable 7 efforts, can not return the thing to an owner. 8 (2) However, the chief executive is not required to-- 9 (a) make inquiries if it would be unreasonable to make 10 inquiries to find an owner; or 11 (b) make efforts if it would be unreasonable to make efforts 12 to return the thing to an owner. 13 Example for paragraph (b)-- 14 The owner of the thing has migrated to another country. 15 (3) In deciding-- 16 (a) whether it is reasonable to make inquiries or efforts; and 17 (b) if inquiries or efforts are made--what inquiries or 18 efforts, including the period over which they are made, 19 are reasonable; 20 the thing's condition, nature and value must be considered. 21 (4) If the chief executive decides a thing is forfeited to the State, 22 the thing becomes the property of the State. 23 73 Court may order forfeiture of seized thing to the State 24 (1) This section applies if a court convicts a person of an offence 25 against section 30, 32 or 52. 26 (2) When imposing a sentence on the person for the offence, or 27 granting an injunction or making an order, the court may also 28 order a seized thing to be forfeited to the State if-- 29 (a) the person is the owner of the thing; and 30 Page 53

 


 

Major Events Bill 2014 Part 7 Authorised persons for major events [s 74] (b) the item was the subject of the contravention of section 1 30, 32 or 52. 2 (3) The court may also make any order that the court considers 3 appropriate to enforce the forfeiture. 4 74 How property may be dealt with 5 (1) This section applies if, under section 72 or 73, a thing 6 becomes the property of the State. 7 (2) The chief executive may deal with the thing as the chief 8 executive considers appropriate (including, for example, by 9 destroying it or giving it away). 10 (3) The chief executive must not deal with the thing in a way that 11 could prejudice the outcome of an appeal against the 12 forfeiture under this division. 13 (4) If the chief executive sells the thing, the chief executive may, 14 after deducting the costs of the sale, return the proceeds of the 15 sale to the former owner of the thing. 16 Division 5 Offences 17 75 Impersonating authorised person 18 A person must not impersonate an authorised person. 19 Maximum penalty--60 penalty units. 20 76 Obstructing authorised person 21 A person must not obstruct an authorised person from 22 carrying out his or her duties under this Act. 23 Maximum penalty--20 penalty units. 24 Page 54

 


 

Major Events Bill 2014 Part 8 Application of Acts to declared construction areas and major events [s 77] Part 8 Application of Acts to declared 1 construction areas and major 2 events 3 77 Application of other Acts to activities or works for major 4 event 5 (1) This section applies to-- 6 (a) an activity, including the use of land, that is engaged in 7 to promote or stage a major event; or 8 (b) works carried out by-- 9 (i) an authorised occupier in a declared construction 10 area for a major event; or 11 (ii) a major event organiser in a major event area for a 12 major event. 13 (2) The following Acts do not apply to the activity or works-- 14 (a) the City of Brisbane Act 2010; 15 (b) the Coastal Protection and Management Act 1995; 16 (c) the Economic Development Act 2012; 17 (d) the Local Government Act 2009; 18 (e) the Land Act 1994, chapter 3, part 1; 19 (f) the Sustainable Planning Act 2009. 20 (3) If any of the activity or works are building work under the 21 Building Act 1975, the authorised occupier or major event 22 organiser must obtain a compliance certificate, under that Act, 23 that states the building work complies with the following 24 building assessment provisions-- 25 (a) the Building Code of Australia under the Building Act 26 1975, section 12; 27 (b) the fire safety standard under the Building Act 1975, 28 section 217(1); 29 Page 55

 


 

Major Events Bill 2014 Part 8 Application of Acts to declared construction areas and major events [s 78] (c) the Queensland Development Code under the Building 1 Act 1975, section 13; 2 (d) any other building assessment provision prescribed by 3 regulation. 4 (4) For subsection (3), if there is an inconsistency between the 5 Building Code of Australia and a part of the Queensland 6 Development Code, the part prevails to the extent of the 7 inconsistency. 8 78 Application of laws to light, noise etc. 9 (1) The Environmental Protection Act 1994 does not apply in 10 relation to any light or noise from-- 11 (a) a declared construction area by an authorised occupier 12 during the period the area is a declared construction 13 area; or 14 (b) a major event area during the major event period. 15 (2) An activity carried on by, or with the approval of, the major 16 event organiser inside a major event area during the major 17 event period does not constitute a nuisance. 18 79 Application of laws to roads 19 (1) This section applies if-- 20 (a) a major event is a motor racing event; and 21 (b) a regulation declares that all or part of a road in a major 22 event area for the major event ceases to be a road for the 23 major event period. 24 (2) The following do not apply to the road or part-- 25 (a) the Road Use Act, other than sections 79, 79AA to 79G, 26 80, 81 and 82; 27 (b) the Heavy Vehicle National Law (Queensland). 28 (3) However, if the major event organiser opens land on which all 29 or part of the road was situated before the declaration to 30 Page 56

 


 

Major Events Bill 2014 Part 9 Miscellaneous [s 80] ordinary pedestrian and vehicular traffic as a road during 1 particular times, the land while so open, is a road. 2 Part 9 Miscellaneous 3 80 Summary offences 4 An offence against this Act is a summary offence. 5 81 Directing major event organiser to do thing for major 6 event 7 (1) The Minister may give the major event organiser for a major 8 event a written direction to do, or refrain from doing, anything 9 necessary for the running of the major event. 10 (2) The major event organiser must comply with the direction. 11 82 Compensation not payable in respect of major 12 event-related matters 13 (1) Compensation is not payable by or for the State for an act or 14 omission-- 15 (a) that is a major event-related matter or that arises, 16 directly or indirectly, from a major event-related matter; 17 and 18 (b) for which the State or a State employee would otherwise 19 be civilly liable. 20 (2) Subsection (1)-- 21 (a) applies only in relation to acts done or omitted to be 22 done in good faith and without negligence; and 23 (b) does not apply to acts or omissions that cause personal 24 injury to a person or the death of a person. 25 (3) Subsection (1) does not affect-- 26 Page 57

 


 

Major Events Bill 2014 Part 9 Miscellaneous [s 83] (a) the civil liability of the State for an act or omission to 1 perform an act as part of, or otherwise in connection 2 with, a State employee's role as an authorised person; or 3 (b) compensation payable under any indemnity given, or 4 other agreement made, by the major event organiser or 5 the State that expressly relates to a major event-related 6 matter. 7 (4) In this section-- 8 major event-related matter means-- 9 (a) the conduct or holding of any major event; or 10 (b) works conducted or other things done under an 11 authorisation given under this Act; or 12 (c) the administration or purported administration of this 13 Act; or 14 (d) the exercise or purported exercise of functions under this 15 Act. 16 83 Regulation-making power 17 (1) The Governor in Council may make regulations under this 18 Act. 19 (2) A regulation may provide for-- 20 (a) the care, control management and use of a major event 21 area; or 22 (b) regulating activities or the behaviour of persons in a 23 major event area; or 24 (c) a maximum penalty of 20 penalty units for 25 contravention of the regulation. 26 Page 58

 


 

Major Events Bill 2014 Part 10 Repeals [s 84] Part 10 Repeals 1 84 Repeals 2 The following Acts are repealed-- 3 · Motor Racing Events Act 1990, No. 60 4 · Health Practitioners (Special Events Exemption) Act 5 1998, No. 40. 6 Part 11 Transitional provisions 7 85 Reference to repealed Act 8 (1) A reference to a repealed Act, or a provision of a repealed 9 Act, in a document is, if the context allows, taken from the 10 commencement of this section to be a reference to this Act or 11 to the corresponding provision (if any) of this Act. 12 (2) In this section-- 13 repealed Act means-- 14 (a) the repealed Motor Racing Events Act 1990; or 15 (b) the repealed Health Practitioners (Special Events 16 Exemption) Act 1998; or 17 (c) the Police Powers and Responsibilities Act 2000, 18 chapter 19, part 2. 19 86 Regulation or special event notice made under Health 20 Practitioners (Special Events Exemption) Act 1998 21 (1) This section applies if, immediately before the 22 commencement of this section, a regulation was in force that 23 declares a sporting, cultural or other event to be a special 24 event under the repealed Health Practitioners (Special Events 25 Exemption) Act 1998. 26 Page 59

 


 

Major Events Bill 2014 Part 12 Amendment of Acts [s 87] (2) The special event is taken to be prescribed as an exempt event 1 under this Act until the end of the exemption period 2 prescribed by the regulation. 3 (3) A special event notice that, immediately before the 4 commencement of this section, was in force under the 5 repealed Health Practitioners (Special Events Exemption) Act 6 1998, is taken to be a registration exemption notice made 7 under this Act. 8 Part 12 Amendment of Acts 9 Division 1 Amendment of this Act 10 87 Amendment of long title 11 Long title, from `, to amend this Act'-- 12 omit. 13 88 Amendment of s 6 (Definitions) 14 Section 6, `schedule 2'-- 15 omit, insert-- 16 schedule 1 17 89 Renumbering of sch 2 (Dictionary) 18 Schedule 2-- 19 renumber as schedule 1. 20 Page 60

 


 

Major Events Bill 2014 Part 12 Amendment of Acts [s 90] Division 2 Amendment of Commonwealth 1 Games Arrangements Act 2011 2 90 Act amended 3 This division amends the Commonwealth Games 4 Arrangements Act 2011. 5 91 Replacement of s 54 (Exception for use of business or 6 company name) 7 Section 54-- 8 omit, insert-- 9 54 Corporations legislation displacement 10 provisions 11 Sections 51 and 52 are declared to be Corporations 12 legislation displacement provisions for the purposes of 13 the Corporations Act, section 5G generally. 14 Division 3 Amendment of Environmental 15 Protection Act 1994 16 92 Act amended 17 This division amends the Environmental Protection Act 1994. 18 93 Amendment of sch 1 (Exclusions relating to 19 environmental nuisance or environmental harm) 20 Schedule 1, part 1, section 3-- 21 insert-- 22 Note-- 23 Also see the Major Events Act 2014, section 78 for an exemption from 24 this Act for light and noise. 25 Page 61

 


 

Major Events Bill 2014 Part 12 Amendment of Acts [s 94] Division 4 Amendment of Police Powers and 1 Responsibilities Act 2000 2 94 Act amended 3 This division amends the Police Powers and Responsibilities 4 Act 2000. 5 95 Amendment of s 34 (Definitions for pt 3) 6 Section 34, definition event, paragraph (a)-- 7 omit, insert-- 8 (a) a major event; or 9 96 Amendment of s 53BB (What is an out-of-control event) 10 Section 53BB(2)(b)-- 11 omit, insert-- 12 (b) a major event; 13 97 Omission of ch 19, pt 2 (Preserving safety for special 14 events) 15 Chapter 19, part 2-- 16 omit. 17 98 Amendment of s 629 (Removal of clothing for search) 18 Section 629(2)-- 19 omit. 20 99 Amendment of schedule 1-- 21 Schedule 1-- 22 insert-- 23 Page 62

 


 

Major Events Bill 2014 Part 12 Amendment of Acts [s 100] Major Events Act 2014 1 100 Amendment of sch 6 (Dictionary) 2 (1) Schedule 6, definitions authorised person, personal property, 3 prohibited item, restricted area, special event and special 4 event site-- 5 omit. 6 (2) Schedule 6-- 7 insert-- 8 authorised person, for chapter 12, see section 9 280. 10 major event see the Major Events Act 2014, 11 section 7. 12 (3) Schedule 6, definition electronic screening, `or 567'-- 13 omit. 14 (4) Schedule 6, definition enforcement act, paragraph (a)(i)-- 15 omit. 16 (5) Schedule 6, definition enforcement act, paragraphs (a)(ii) and 17 (iii)-- 18 renumber as paragraphs (a)(i) and (ii). 19 (6) Schedule 6, definition entrant, `, a special event site'-- 20 omit. 21 Division 5 Amendment of Tobacco and Other 22 Smoking Products Act 1998 23 101 Act amended 24 This division amends the Tobacco and Other Smoking 25 Products Act 1998. 26 Page 63

 


 

Major Events Bill 2014 Part 12 Amendment of Acts [s 102] Note-- 1 See also the amendments in schedule 1. 2 102 Replacement of pt 2C, div 2, hdg (Major sports facilities) 3 Part 2C, division 2, heading-- 4 omit, insert-- 5 Division 2 Major event facilities 6 103 Replacement of s 26ZD (Meaning of major sports facility) 7 Section 26ZD-- 8 omit, insert-- 9 26ZD Meaning of major event facility 10 A major event facility is-- 11 (a) a facility declared to be a major sports 12 facility under the Major Sports Facilities 13 Act 2001; or 14 (b) if a major event area is prescribed by 15 regulation for a major event under the Major 16 Events Act 2014--the major event area for 17 the period the area is a major event area 18 under the Major Events Act 2014. 19 Division 6 Minor and consequential 20 amendments 21 104 Minor and consequential amendments 22 Schedule 1 amends the Acts it mentions. 23 Page 64

 


 

Major Events Bill 2014 Schedule 1 Schedule 1 Minor and consequential 1 amendments 2 section 104 3 City of Brisbane Act 2010 4 1 Section 246(6)(b)-- 5 omit, insert-- 6 (b) an activity that-- 7 (i) is for a major event under the Major 8 Events Act 2014; and 9 (ii) is being carried on by, or with the 10 approval of, the major event organiser 11 for the major event. 12 Local Government Act 2009 13 1 Section 264(4)(b)-- 14 omit, insert-- 15 (b) an activity that-- 16 (i) is for a major event under the Major 17 Events Act 2014; and 18 (ii) is being carried on by, or with the 19 approval of, the major event organiser 20 for the major event. 21 Page 65

 


 

Major Events Bill 2014 Schedule 1 Tobacco and Other Smoking Products Act 1998 1 1 Sections 26ZE, 26ZF(b) and 26ZG(1), `major sports 2 facility'-- 3 omit, insert-- 4 major event facility 5 2 Schedule, definition major sport facility-- 6 omit, insert-- 7 major event facility, for part 2C, division 2, see 8 section 26ZD. 9 Page 66

 


 

Major Events Bill 2014 Schedule 2 Schedule 2 Dictionary 1 section 6 2 aircraft see the Civil Aviation Act 1988 (Cwlth), section 3. 3 authorised occupier see section 15(1). 4 authorised person means-- 5 (a) a police officer; or 6 (b) a person who holds an appointment under section 56. 7 building assessment provision see the Building Act 1975, 8 section 30(1). 9 bus see the Transport Operations (Passenger Transport) Act 10 1994, schedule 3. 11 chief executive (transport) means the chief executive of the 12 department in which the Road Use Act is administered. 13 chief health officer see the Hospital and Health Boards Act 14 2011, schedule 2. 15 civil liability see the Public Service Act 2008, section 26C. 16 controlled area, for a major event, see section 11. 17 controlled drug see the Drugs Regulation, appendix 9. 18 control period means the period prescribed by regulation for a 19 major event under section 12(3)(b). 20 declared construction area means an area declared under 21 section 14. 22 dispenser see the Drugs Regulation, appendix 9. 23 Drugs Misuse Act means the Drugs Misuse Act 1986. 24 Drugs Regulation means the Health (Drugs and Poisons) 25 Regulation 1996. 26 emergency purpose means a purpose-- 27 (a) to preserve human life, health or safety; or 28 Page 67

 


 

Major Events Bill 2014 Schedule 2 (b) to protect property. 1 emergency vehicle see the Queensland Road Rules, schedule 2 5. 3 exempt event see section 41. 4 exemption period see section 41. 5 explosive see the Explosives Act 1999, schedule 2. 6 guide, hearing or assistance dog means a guide dog, a 7 hearing dog or an assistance dog under the Guide, Hearing 8 and Assistance Dogs Act 2009. 9 Health Minister means the Minister administering the Health 10 Practitioner Regulation National Law (Queensland). 11 health practitioner see the Health Practitioner Regulation 12 National Law (Queensland), section 5. 13 health profession see the Health Practitioner Regulation 14 National Law (Queensland), section 5. 15 intention to practise notice see section 43(2). 16 liquor see the Liquor Act 1992, section 4B. 17 local government area includes the City of Brisbane. 18 major event see section 7. 19 major event area, for a major event, see section 9. 20 major event lane means a lane declared to be a major event 21 lane under section 38. 22 major event lane permit see section 39(1). 23 major event lane sign means a sign in the form prescribed by 24 regulation indicating that a lane on a road is a major event 25 lane. 26 major event organiser, for a major event, see section 8. 27 major event period, for a major event, see section 10. 28 major sports facility land means facility land under the Major 29 Sports Facilities Act 2001. 30 moving expenses see section 66(2). 31 Page 68

 


 

Major Events Bill 2014 Schedule 2 occupant's pass see section 19(1). 1 official logo means a logo declared by the Minister to be an 2 official logo for a major event under section 51(1). 3 official title means a title declared by the Minister to be an 4 official title for a major event under section 51(1). 5 prescription see the Drugs Regulation, appendix 9. 6 public land means land, other than major sports facility land, 7 that is owned, managed or used by-- 8 (a) the State; or 9 (b) a statutory body under the Statutory Bodies Financial 10 Arrangements Act 1982. 11 Queensland air navigation regulations means the regulations 12 made under the Air Navigation Act 1920 (Cwlth) or the Civil 13 Aviation Act 1988 (Cwlth) that apply to air navigation in 14 Queensland because of the Air Navigation Act 1937. 15 reasonably believes means believes on grounds that are 16 reasonable in the circumstances. 17 reasonably suspects means suspects on grounds that are 18 reasonable in the circumstances. 19 registered operator of a vehicle has the meaning given under 20 the Road Use Act. 21 registered vehicles register has the meaning given under the 22 Road Use Act. 23 registration exemption notice see section 43(1). 24 restricted drug see the Drugs Regulation, appendix 9. 25 road see the Road Use Act, schedule 4. 26 Road Use Act means the Transport Operations (Road Use 27 Management) Act 1995. 28 S2 or S3, for a substance, means a substance classified S2 or 29 S3 under the Drugs Regulation. 30 seized thing means a thing seized under section 30, 32 or 54. 31 State employee see the Public Service Act 2008, section 26B. 32 Page 69

 


 

Major Events Bill 2014 Schedule 2 supply, for a drug or other substance, means sell or offer to 1 sell the drug or other substance on prescription. 2 taxi see the Transport Operations (Passenger Transport) Act 3 1994, schedule 3. 4 traffic and transport management plan see section 37. 5 vehicle means-- 6 (a) any type of transport that moves on wheels, other than a 7 train, tram, pram, stroller, motorised wheelchair, 8 wheelchair or other mobility aid; or 9 (b) a vessel. 10 vessel means a ship, boat, punt, ferry, air cushion vehicle or 11 other vessel designed for navigation on water. 12 visiting health practitioner means an individual who-- 13 (a) is a resident of another country; and 14 (b) is appointed, employed, contracted or otherwise 15 engaged by a person who is officially participating in, or 16 preparing for, an exempt event to provide health care 17 services to a visitor; and 18 (c) gives the Health Minister an intention to practise notice 19 under the procedure stated in the registration exemption 20 notice for the exempt event. 21 visitor means a person who-- 22 (a) is a resident of another country who is in the State to 23 officially participate in, or prepare for, a exempt event; 24 or 25 (b) is a resident of Australia who-- 26 (i) is in the State for a purpose mentioned in 27 paragraph (a); and 28 (ii) is a member of a group the majority of the 29 members of which are persons mentioned in 30 paragraph (a) who are in the State for the same 31 purpose. 32 weapon see the Weapons Act 1990, schedule 2. 33 Page 70

 


 

Major Events Bill 2014 Schedule 2 wholesaler, for the supply of an S2 or S3 substance, means a 1 person who, under the Drugs Regulation, is licensed to supply 2 the substance by wholesale. 3 © State of Queensland 2014 Authorised by the Parliamentary Counsel Page 71

 


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