2003
2003
2016-06-07
act
government
publicgeneral
act.reprint
act-2009-073
allinforce
2003-09-04
2003-09-04
0
Sporting Venues (Pitch Invasions) Act
2003
2003
none
act-2003-044
8f587de8-d102-4832-8aff-a3afd9989775
da45ecdc-4873-47b1-97c1-1edd8bbc78cf
Does not include amendments
by:
Statute Law
(Miscellaneous Provisions) Act 2016 No 27 (not commenced
— to commence on 8.7.2016)
An Act to make provision for prohibiting
unauthorised entry to the playing fields and racecourses of certain sporting
venues; to make special provision for the Rugby World Cup 2003; and for other
purposes.
long title: Am 2009
No 21, Sch 2 [1].
Part 1Preliminary
1Name of
Act
This Act is the Sporting Venues
(Invasions) Act 2003.
s 1: Am 2009 No 21,
Sch 2 [2].
2Commencement
This Act commences on the date of assent to this
Act.
3Interpretation
(1)
In this Act:
authorised officer means:
(a)
in connection with the operation of a provision
of this Act in respect of a sporting venue—a person authorised for the
purposes of this Act by the venue director, and
(b)
a police officer.
controlling body for a race meeting
or trial meeting means:
(a)
in the case of a race meeting or trial meeting
for horse racing, Racing New South Wales constituted under the Thoroughbred Racing Act 1996,
or
(b)
in the case of a race meeting or trial meeting
for harness racing, Harness Racing New South Wales constituted under the
Harness Racing Act 2009,
or
(c)
in the case of a race meeting or trial meeting
for greyhound racing, Greyhound Racing New South Wales constituted under the
Greyhound Racing Act
2009.
designated sporting venue means the
following venues:
(a)
Central Coast Express Advocate Stadium (formerly
known as Graham Park),
(b)
WIN Stadium (being the stadium under the
management of the Wollongong Sportsground Trust),
(c)
a venue for sporting activities prescribed by the
regulations.
Note—
Section 7 applies to major event venues not
otherwise within the meaning of designated sporting
venue.
exercise a function includes perform
a duty.
function includes a power, authority
or duty.
match means a sporting match,
sporting game or sporting competition, and includes any performance or
formalities held or conducted in conjunction with the match, but does not
include a training session or rehearsal.
playing
field means the playing field or other competition area of a
sporting venue, and includes any area between the playing field and any
structure intended to be a barrier between competitors competing on the
competition area and spectators.
race
meeting has the same meaning as in the Racing
Administration Act 1998.
racecourse means a racecourse
licensed under the Racing Administration Act
1998.
sporting
venue means a designated sporting venue or a
racecourse.
trial
meeting has the same meaning as in the Racing
Administration Act 1998.
venue
director means:
(a)
in the case of a designated sporting venue, the
occupier of the venue and includes, in respect of a match at the venue, any
person authorised by the occupier of the venue to be the venue director in
respect of the match, or
(b)
in the case of a racecourse, the controlling body
for the race meeting or trial meeting taking place at the
racecourse.
(2)
Notes included in this Act do not form part of
this Act.
s 3: Am 2009 No 21,
Sch 2 [3]–[6]; 2009 No 73, Sch 4 [1].
Part 2Invasions at sporting
venues
pt 2, hdg: Subst 2009
No 21, Sch 2 [7].
4Pitch invasions
prohibited
A person must not enter or remain on the playing
field of a designated sporting venue during a match held with the
authorisation of the venue director unless the person:
(a)
is a participant in the match,
or
(b)
is engaged in the control or management of the
match, or
(c)
is an authorised officer, or
(d)
has, or is a member of a class of persons who
have, been authorised by the venue director or an authorised officer to enter
the playing field.
Maximum penalty: 50 penalty
units.
4ARacecourse invasions
prohibited
(1)
A person must not enter or remain in or on a
restricted area of a racecourse during a race meeting or trial meeting unless
the person:
(a)
is a rider or harness racing driver participating
in the race meeting or trial meeting, or
(b)
is authorised to do so by the controlling body
for the race meeting or trial meeting or an authorised officer,
or
(c)
is engaged in the control or management of the
race meeting or trial meeting, or
(d)
is an authorised
officer.
Maximum penalty: 50 penalty
units.
(2)
In this section, restricted area of a racecourse
means:
(a)
any racetrack, course proper or other racing
surface, parade ring, race day tie-up stall, kennel or swabbing area,
including any pathways connecting any of those places, or
(b)
any other area of a racecourse that is prescribed
by the regulations as a restricted area for the purposes of this
section.
s 4A: Ins 2009 No 21,
Sch 2 [8].
512-month ban for invasion of
sporting venue
A person who is removed from a sporting venue for
a contravention of section 4 or 4A at the venue is banned for 12 months from
entering the venue (the ban starting from when the person was removed from the
venue).
s 5: Am 2009 No 21,
Sch 2 [9].
6Life ban for further invasion
or entry of sporting venue when banned
(1)
A person is banned for life from entering a
sporting venue if the person is removed from the venue:
(a)
for a contravention of section 4 or 4A at the
venue, having previously been banned under this Part from entering the venue
(whether or not the ban is still in force), or
(b)
for a contravention of section 8 at the
venue.
(2)
The life ban starts from when the person was
removed from the venue.
s 6: Am 2009 No 21,
Sch 2 [10] [11].
7Part extended to all major
event venues
(1)
A person who is banned under any of the following
provisions from entering a major event venue as a result of a contravention of
a law at a major event match is (while so banned) also banned from entering
any other venue of that major event on any day that a major event match is
held there:
(a)
this Part,
(b)
clause 16 of the Sydney Cricket Ground and Sydney Football Stadium By-law
2009,
(c)
clause 18 of the Sydney Olympic Park Authority Regulation
2007.
(2)
For the purposes of this Part:
major
event has the same meaning as in the Major
Events Act 2009.
major
event match means a match of a major event that is a
sporting competition.
major
event venue means a sporting venue in the State that is the
venue for a major event match.
s 7: Subst 2009 No
73, Sch 4 [2].
8Offence of contravening a
ban
A person who is banned from entering a sporting
venue under this Part must not enter the sporting venue while the ban is in
force.
Maximum penalty: 50 penalty
units.
9Removal from venue for
invasion or contravention of ban
(1)
A person who contravenes any provision of this
Part at a sporting venue may be removed from the venue by an authorised
officer.
(2)
An authorised officer acting in accordance with
this section may use such force as is reasonable in the circumstances for the
purpose of exercising the officer’s functions under this
section.
10Requirement to state name and
address
(1)
An authorised officer at a sporting venue who
suspects on reasonable grounds that a person at the venue has committed, or
has been involved in the commission of, a contravention of a provision of this
Part at the venue may require the person to state his or her full name and
residential address.
(2)
A person must not:
(a)
fail without reasonable excuse to comply with a
requirement under this section, or
(b)
in purported compliance with such a requirement,
furnish information that the person knows to be false or misleading in a
material particular.
Maximum penalty: 20 penalty
units.
(3)
A person is not guilty of an offence against this
section unless it is established that the authorised officer warned the person
that the failure to comply with the requirement is an
offence.
11Taking photographs of certain
persons
An authorised officer at a sporting venue who
suspects on reasonable grounds that a person at the venue has committed, or
has been involved in the commission of, a contravention of a provision of this
Part at the venue may take a photograph or make another form of image of the
person.
Part 3Miscellaneous
12Penalty
notices
(1)
A police officer may serve a penalty notice on a
person if it appears to the officer that the person has committed an offence
against a provision of Part 2.
(2)
A penalty notice is a notice to the effect that,
if the person served does not wish to have the matter determined by a court,
the person can pay, within the time and to the person specified in the notice,
the amount of the penalty prescribed by the regulations, or, if there is no
amount prescribed by the regulations, by section 13, for the offence if dealt
with under this section.
(3)
A penalty notice may be served personally or by
post.
(4)
If the amount of penalty prescribed for an
alleged offence is paid under this section, no person is liable to any further
proceedings for the alleged offence.
(5)
This section does not affect a ban under Part 2,
such a ban remaining in force notwithstanding the payment of an amount payable
under a penalty notice.
(6)
Payment under this section is not to be regarded
as an admission of liability for the purpose of, and does not in any way
affect or prejudice, any civil claim, action or proceeding arising out of the
same occurrence.
(7)
The regulations may:
(a)
prescribe the amount of penalty payable for the
offence if dealt with under this section, and
(b)
prescribe different amounts of penalties for
different offences or classes of offences.
(8)
The amount of a penalty prescribed under this
section for an offence is not to exceed the maximum amount of penalty that
could be imposed for the offence by a court.
(9)
This section does not limit the operation of any
other provision of, or made under, this or any other Act relating to
proceedings that may be taken in respect of offences.
13Penalty notice
amounts
For the purposes of section 12, the amount
prescribed is:
(a)
$500 in respect of an offence under section 4 or
4A, and
(b)
$500 in respect of an offence under section 8,
and
(c)
$500 in respect of an offence under section
10.
s 13: Am 2009 No 21,
Sch 2 [12].
14Nature of proceedings for
offences
Proceedings for an offence under this Act may be
dealt with summarily before the Local Court.
s 14: Am 2007 No 94,
Sch 2.
15Regulations
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
16Savings and transitional
provisions
Schedule 1 has effect.
17
s 17: Rep 2005 No 64,
Sch 3.
Schedule 1Savings and transitional
provisions
(Section 16)
1Savings or transitional
regulations
(1)
The regulations may contain provisions of a
savings or transitional nature consequent on the enactment of the following
Acts:
this Act
(2)
Any such provision may, if the regulations so
provide, take effect from the date of assent to the Act concerned or a later
date.
(3)
To the extent to which any such provision takes
effect from a date that is earlier than the date of its publication in the
Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person
(other than the State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b)
to impose liabilities on any person (other than
the State or an authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
Schedule 2
sch 2: Rep 2005 No
64, Sch 3.
Historical
notes
Table of amending
instruments
Sporting Venues
(Invasions) Act 2003 No 44 (formerly Sporting Venues (Pitch Invasions) Act
2003). Second reading speech made: Legislative Assembly,
4.9.2003; Legislative Council, 16.9.2003. Assented to 30.9.2003. Date of
commencement, assent, sec 2. This Act has been amended as follows:
2005
No
64
Statute Law
(Miscellaneous Provisions) Act 2005. Assented to
1.7.2005.
Date of commencement of Sch 3, assent, sec 2
(1).
2007
No
94
Miscellaneous
Acts (Local Court) Amendment Act 2007. Assented to
13.12.2007.
Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009
(314) LW 3.7.2009.
2009
No
21
Racing
Legislation Amendment Act 2009. Assented to
15.5.2009.
Date of commencement, 1.7.2009, sec 2 and 2009 (293) LW
26.6.2009.
No
73
Major Events Act
2009. Assented to 28.10.2009.
Date of commencement, assent, sec
2.
Table of
amendments
Long
title
Am 2009 No
21, Sch 2 [1].
Sec
1
Am 2009 No
21, Sch 2 [2].
Sec
3
Am 2009 No
21, Sch 2 [3]–[6]; 2009 No 73, Sch 4 [1].
Part 2,
heading
Subst 2009
No 21, Sch 2 [7].
Sec
4A
Ins 2009 No
21, Sch 2 [8].
Sec
5
Am 2009 No
21, Sch 2 [9].
Sec
6
Am 2009 No
21, Sch 2 [10] [11].
Sec
7
Subst 2009
No 73, Sch 4 [2].
Sec
13
Am 2009 No
21, Sch 2 [12].
Sec
14
Am 2007 No
94, Sch 2.
Sec
17
Rep 2005 No
64, Sch 3.
Sch
2
Rep 2005 No
64, Sch 3.