Commonwealth Games laws
The Commonwealth games are likely to be a focus for activist activity in Melbourne. Two pieces of legislation establish special legal arrangements for the games: the Commonwealth Games Arrangements Act 2001 (Vic), and the Major Events (Crowd Management) and Commonwealth Games Arrangements Acts (Crowd Safety Amendment) Bill 2005 (Vic).
Commonwealth Games Arrangements Act 2001
The Commonwealth Games Arrangements Act 2001 (Vic) creates a range of offences which apply to people on restricted access areas. Restricted access areas are defined in the Act to include any Commonwealth games venue, or any area nearby designated by fencing, barriers and signage to be a restricted access area. It may be a defence to argue that the area was not a restricted access area.
However, where there are proceedings under the Act for an offence, the Secretary may certify that an area was a restricted access area, and this is conclusive evidence of the facts stated in the certificate.
Offences include hindering or interfering with the carrying out of works in these areas. These offences are punishable by fines of up to $1000, and police have the power to remove people from designated areas.
Offences of obstructing or hindering officials, volunteers or contractors, or the conduct of a Commonwealth games event are punishable by fines of up to $6000. The offence of unlawfully on premises punishable by $2500 or 6 months imprisonment usually restricted to scheduled public places under section 9(1) of the Summary Offences Act 1966 (Vic) - also becomes an offence in these areas after the refusal to heed a warning to leave.
Police have power to remove people from any part of a Commonwealth games venue or access areas without having to arrest them where there has physical violence or damage to property and because of the number of people involved it is not practicable to preserve or restore public order by arresting a person or persons, using such force as is reasonable.
It is an offence to obstruct or hinder conduct of a Commonwealth games event, or a participant, person officiating, volunteer or contractor at a Commonwealth games event, maximum penalty a fine of $6000. Commonwealth games events include an event conducted as part of the games.
Protesters planning actions at Commonwealth games venues should also be aware that the government has recently introduced legislation to deal with what the Minister described as unruly and dangerous behaviour at some major sporting events.
Major Events (Crowd Management) and Commonwealth Games Arrangements Acts (Crowd Safety Amendment) Bill 2005
This Bill passed both houses of the Victorian Parliament on 16 November 2005 and will soon become law. The Bill introduces a range of new offences, increases existing powers to search bags under the Commonwealth Games Arrangements Act 2001 (Vic), and enables the Courts to ban offenders from venues for lengthy periods of time.
The Bill broadens the application of the Major Events (Crowd Management) Act 2003 to encompass additional venues and events to which the provisions of the Act apply. The venues and events covered by the 2003 Act are:
- Melbourne Cricket Ground;
- Phillip Island Grand Prix circuit;
- the Docklands Stadium;
- any building on Melbourne Sports and Aquatic Centre land;
- any building on State Netball and Hockey Centre land;
- national tennis centre land;
- Olympic Park land;
- the Australian Open Tennis Championships;
- any Australian Football League match held at the Melbourne Cricket Ground or the Docklands Stadium;
- any international or interstate cricket match held at the Melbourne Cricket Ground or the Docklands Stadium;
- any venue declared by the Minister to be amanaged venue.
The new Bill extends this coverage to include the Bob Jane Stadium and all international, national and state football matches.
New offences created by the Bill include possessing prohibited items inside a managed venue. Prohibited items are:
- an animal (other than, if the person is blind, deaf or otherwise suffering a disability, a guide dog);
- a laser pointer;
- a distress signal;
- dangerous goods;
- a whistle or loud hailer;
- a prohibited weapon or controlled weapon within the meaning of the Control of Weapons Act 1990 (Vic)
- a bicycle, skateboard, roller skates, roller blades or a scooter;
- a firework; and
Disruptive behaviour is also prohibited under the Bill. It will now be an offence to:
- throw or kick projectiles in managed venue unless participating in an event to climb on a fence, barrier or barricade
- to stand in a way that deliberately obstructs the view of others seated in the immediate vicinity and deliberately obstruct the view of other spectators
- to deliberately block stairs, exits and entries
These offences will carry maximum penalties of between $1000 and $4000 fines.
The Bill also gives police the power to direct people to leave the venue. Courts sentencing offenders for offences under the Act will have the power to impose bans on the offender entering the venue where they committed the offence, or other venues, for up to five years.
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