An Act to amend the Sydney Opera House Trust Act 1961 to provide for offences with respect to trespass and damaging the Opera House and to make further provision for by-laws and staff; and for other purposes.
1 Name of Act
This Act is the Sydney Opera House Trust Amendment Act 2004.
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Sydney Opera House Trust Act 1961 No 9
The Sydney Opera House Trust Act 1961 is amended as set out in Schedules 1 and 2.
Schedule 1 Amendments to Sydney Opera House Trust Act 1961 relating to Opera House security
Insert after section 28:28A Trespassing at Opera HouseA person who enters, or remains at, any part of the Opera House as a trespasser is guilty of an offence.Maximum penalty: 200 penalty units or imprisonment for 2 years, or both.28B Trespassing at Opera House with intentA person who enters, or remains at, any part of the Opera House as a trespasser with intent to:(a) cause damage to the Opera House, or(b) seriously disrupt the operations of the Opera House, oris guilty of an offence.(c) commit any offence punishable by imprisonment or arising under the Summary Offences Act 1988,Maximum penalty on indictment: imprisonment for 7 years.28C Damage to Opera HouseA person who intentionally or recklessly damages the Opera House is guilty of an offence.Maximum penalty on indictment: imprisonment for 5 years.28D Penalty for attemptA person who attempts to commit an offence under section 28B or 28C is liable to the penalty provided for the offence concerned.28E Proceedings for offences(1) Proceedings for an offence against this Act or the by-laws, except sections 28B and 28C, are to be dealt with summarily before a Local Court.(2) Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under section 28B or 28C.
Schedule 2 Miscellaneous amendments to Sydney Opera House Trust Act 1961
 Section 12 Delegation to committees, and other persons
Omit “Any officer or employee appointed pursuant to section 16 may, where the delegation has been approved by the Governor,” from section 12 (4).Insert instead “Any member of staff of the Trust may”.
 Section 12 (4)
Omit “the officer or employee”. Insert instead “the member of staff”.
 Section 15 Common seal
Omit “officer” from section 15 (2). Insert instead “member of staff”.
 Section 16
Omit the section. Insert instead:16 Staff of Trust(1) Such staff as may be necessary to enable the Trust to exercise and perform its powers, authorities, duties and functions are to be employed under Chapter 2 of the Public Sector Employment and Management Act 2002.(2) The Trust may arrange for the use of the services of any staff (by secondment or otherwise) or facilities of a government department or public or local authority.(3) For the purposes of this Act, a person employed under subsection (1) or whose services are made use of under this section is a member of staff of the Trust.
 Section 17 Sydney Opera House Management Account
Omit “officers and employees referred to in section 16” from section 17 (4).Insert instead “members of staff of the Trust”.
 Section 28 By-laws
Omit “10 penalty units” from section 28 (2).Insert instead “50 penalty units”.
 Section 28 (2A)
Omit the subsection.
Schedule 3 Amendment of Criminal Procedure Act 1986
 Section 268 Maximum penalties for Table 2 offences
Insert “or 3” after “Part 2” in section 268 (2) (c).
 Schedule 1 Indictable offences triable summarily
Insert after clause 23A in Table 1 (Indictable offences that are to be dealt with summarily unless prosecutor or person charged elects otherwise):
 Schedule 1
Insert as Part 3 in Table 2 (Indictable offences that are to be dealt with summarily unless prosecutor elects otherwise):