His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following By-law under the Sydney Opera House Trust Act 1961.
BOB CARR, M.P.,Minister for the Arts
Part 1 Preliminary
1 Name of By-law
This By-law is the Sydney Opera House Trust By-law 1998.
2 Commencement
This By-law commences on 1 September 1998.
3 Definitions
In this By-law:auditorium means any part of the Opera House premises that is used as a chamber music hall, cinema, concert hall, drama theatre or opera theatre, and includes any other part of the Opera House premises (whether indoors or outdoors) while that part is being used for the conduct of a performance or event.General Manager means the General Manager of the Opera House.Opera House includes any building situated on the Opera House premises.Opera House premises means the whole of the land comprised in Lot 4, Deposited Plan 787933, and Lot 5, Deposited Plan 775888, and includes any building situated on that land.public area means any part of the Opera House premises that comprises open space or that is used for the purposes of a foyer, walkway or other facility of a public nature.restricted area means any part of the Opera House premises that is not a public area or an auditorium, and includes any area from which the public is excluded under clause 5.the Act means the Sydney Opera House Trust Act 1961.ticketed performance or event means a performance or event for which a ticket must be held for entry to the auditorium in which the performance or event is being conducted.
4 Notes
The explanatory note and table of contents do not form part of this By-law.
Part 2 Visitors to Opera House
5 Exclusion of public from certain areas
The Trust may, by means of notices or barriers, exclude the public from any part of the Opera House premises.
6 Admission to auditoriums
A person must not enter an auditorium that is open for a ticketed performance or event unless the person is the holder of a ticket, or is the subject of a permit, authorising the person to enter the auditorium concerned.Maximum penalty: 10 penalty units.
7 Admission to restricted areas
A person must not enter a restricted area unless the person is the subject of a permit authorising the person to enter the restricted area concerned.Maximum penalty: 10 penalty units.
8 Permits
(1) The Trust may grant a permit authorising a person or group of persons to enter an auditorium or restricted area.(2) A permit is to be in writing and is to specify the auditorium or restricted area to which it relates, when it is to have effect and for what purposes it is granted.
9 Auditorium offences
(1) A person must not take food or drink into, or consume food or drink within, an auditorium.Maximum penalty: 10 penalty units.(2) During a performance in an auditorium, a person:(a) must not take photographs or films, or operate an audio or video recorder, in the auditorium, and(b) must not cause annoyance or inconvenience to any other person in the auditorium.Maximum penalty: 10 penalty units.
10 Commercial activities
A person must not do any of the following on the Opera House premises:(a) sell, hire, expose for sale or hire or solicit for sale or hire any papers, printed matter, food or other goods or services,(b) conduct, or cause or assist in the conduct of, an amusement, entertainment, instruction or performance, whether or not for money or other consideration,(c) take photographs or films, or operate a video recorder, for commercial purposes,(d) display or distribute any advertisement, sign, bill, poster or other printed matter.Maximum penalty: 10 penalty units.
11 Recreational activities
(1) A person must not do any of the following on the Opera House premises:(a) operate any radio, cassette or other audio player, or play any musical instrument, at a volume likely to cause annoyance or inconvenience to any other person,(b) ride on or use any bicycle, skateboard, roller skates or similar apparatus in a manner likely to cause annoyance or inconvenience to any other person,(c) operate or use a loudspeaker or public address system,(d) allow any animal, reptile or bird that is under the person’s care or control to be on the premises.Maximum penalty: 10 penalty units.(2) Subclause (1) (d) does not prohibit a person who has a disability (within the meaning of the Disability Discrimination Act 1992 of the Commonwealth) from bringing on to the Opera House premises an assistance animal (that is, an animal referred to in section 9 of that Act).
12 Smoking
A person must not smoke within any enclosed part of the Opera House.Maximum penalty: 10 penalty units.
13 Littering
A person must not deposit or discard any bottle, box or refuse of any kind on the Opera House premises otherwise than in the litter-bins provided.Maximum penalty: 10 penalty units.
14 Interference with signs
A person must not deface, damage, obscure or interfere with any sign or notice displayed on the Opera House premises.Maximum penalty: 10 penalty units.
15 Mooring and fishing
A person must not do any of the following:(a) moor a vessel to any part of the Opera House premises,(b) fish from any part of the Opera House premises.Maximum penalty: 10 penalty units.
16 Directions to leave
(1) The Trust may require a person who is in any auditorium or restricted area, or who is seeking entry to any auditorium or restricted area, to produce a ticket or permit authorising the person to enter the auditorium or area.(2) The Trust may direct a person to leave an auditorium or restricted area if the person is not authorised by a ticket or permit to be in the auditorium or area.(3) The Trust may direct any person who is contravening any provision of this By-law, or who is behaving in an offensive manner, to leave the Opera House premises.(4) A person must not fail to comply with a direction under this clause.Maximum penalty: 10 penalty units.(5) The Trust may remove from the Opera House premises any person who fails to comply with a direction under this clause.
Part 3 Vehicles
17 Admission
(1) The Trust may refuse to admit a vehicle to the Opera House premises.(2) A person must not cause a vehicle to enter the Opera House premises if admission is refused by the Trust.Maximum penalty: 10 penalty units.
18 Driving and parking
(1) The Trust may, by means of notices or barriers, regulate the driving and parking of vehicles on the Opera House premises.(2) A person must not cause a vehicle to be driven or parked in wilful contravention of any such sign or in wilful disregard of any such barrier.Maximum penalty: 10 penalty units.(3) The Trust:(a) may from time to time fix a scale of charges for the parking of vehicles on the Opera House premises, and(b) may demand and receive such charges from any person parking a vehicle on the Opera House premises.(4) The Trust may direct a person to remove from the Opera House premises any unlawfully parked vehicle that is under that person’s control.(5) A person must not fail to comply with such a direction.Maximum penalty: 10 penalty units.(6) For the purposes of this clause, park includes stand and wait.
Part 4 General
19 Exercise of Trust’s functions
(1) A function that is conferred on the Trust by this By-law may be exercised by the General Manager or by any person authorised under this clause to exercise that function.(2) Either the Trust or the General Manager may authorise any member of staff of the Trust, or any other person, to exercise a function conferred on the Trust by this By-law.
20 Hindrance or obstruction
A person must not hinder or obstruct any person in the exercise of a function under this By-law.Maximum penalty: 10 penalty units.
21 Certain acts not to be offences
(1) A person does not commit an offence under this By-law if the act giving rise to the offence was done:(a) as part of a performance, or(b) by a member of staff of the Trust in the course of his or her employment as such, or(c) under the direction or with the consent of the Trust.(2) The consent of the Trust referred to in this clause may be given generally or in a particular case.
22 Allowances for trustees
The allowances to which a trustee is entitled under section 13 of the Act are the allowances for the time being fixed by the Governor.
23 Repeal
(1) The Sydney Opera House Trust By-law 1993 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Sydney Opera House Trust By-law 1993, had effect under that By-law continues to have effect under this By-law.