QueenslandMt.GravattShowgroundsAct1988Mt.GravattShowgroundsBy-law2001Current as at 11 January 2002Reprint noteThis is the last
reprint before expiry. Expired on 31 August 2014.
Information about this reprintThis
by-law is reprinted as at 11 January 2002.Minor editorial
changes allowed under the provisions of the Reprints Act 1992
mentionedin the following list have been made
to—•use aspects of format and printing
style consistent with current drafting practice(s 35)•omit the enacting words (s
42A).This page is specific to this reprint. A
table of reprints is included in the endnotes.Also see endnotes
for information about when provisions commenced.Dates
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reprints produced on or after 1 July 2002, hardcopy and
electronic, are dated as at the last date of amendment. Previously
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Also, any revised edition of the previously published electronic
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Mt.
Gravatt Showgrounds By-law 2001Part 1
Preliminary[s 1]Mt. Gravatt
Showgrounds By-law 2001[reprinted as in force on 11 January
2002]Part 1Preliminary1Short
titleThisby-lawmaybecitedastheMt.GravattShowgroundsBy-law
2001.2DefinitionsThe dictionary
in the schedule defines particular words usedin this
by-law.3Purpose of by-law(1)Thepurposeofthisby–lawistomakeprovisionsaboutmatters mentioned in section 25(1A) of the
Act.Editor’s note—Mt.
Gravatt Showgrounds Act 1988, section
25—25 By-laws(1)The
trust may make by-laws under this Act.(1A)A
by-law may be made about—(a) the maintenance of; and(b)
entry upon; and(c) use of; and(d) behaviour
within; and(e) control of; and(f) protection
of;the showgrounds.Current as at 11
January 2002Page 3
Mt.
Gravatt Showgrounds By-law 2001Part 1
Preliminary[s 4](2)A by-law may
impose a penalty not exceeding 4 penalty unitsin respect of a
breach of any by-law.(3)A by-law must be
approved by the Governor in Council.(2)Theby-lawalsocreatesoffencesrelatingtomattersmentioned in
that section.4Excuses for offences(1)A person does not commit an offence
under this by-law bycommitting an act if—(a)the person has an authority that
states the person maycommit the act; orExample of
paragraph (a)—An authority states a person may erect
a sign to advertise anevent to be held on the showgrounds
within 2 weeks of the startof the event.(b)the
person is a member of the trust or a person who isemployed by, or otherwise working for, the
trust; orExample of paragraph (b)—An
employee of the trust removes a structure placed to prevententry
to an area, and drives a motor vehicle into the area, to
carryout the employee’s duties.(c)thepersoncommitstheactundertheoralorwrittendirection of a
member of the trust or a person who is or,on reasonable
grounds, appears to be, employed by orworking for the
trust; orExample of paragraph (c)—The
driver of a delivery vehicle, on the oral direction of a
personworking for the trust as a parking
attendant, parks for a limitedtime in an area
signed ‘No parking’.(d)thepersonhastherighttocommittheactunderawritten contract with the trust, including,
for example, alease of, or licence or permit to use, the
showgrounds; orPage 4Current as at 11
January 2002
Mt.
Gravatt Showgrounds By-law 2001Part 2 Entry to
showgrounds[s 5]Example of
paragraph (d)—A builder who has a contract with the
trust to renovate a buildingmakes changes to
the building.(e)the person has a reasonable excuse for
committing theact including, for example, the person has
authority tocommit the act under another Act.Example of paragraph (e)—A
police officer in pursuit of an offender enters the
showgroundswithout buying a ticket.(2)To
remove doubt, it is declared that if a person purportedlycommits an act under an authority, an oral
or written directionorawrittencontractthatincludesstatedconditions,theperson is taken not to have acted under the
authority, directionorcontractifthepersondoesnotcomplywiththestatedconditions.Example of
subsection (2)—A person with an authority to bring a
horse onto the showgrounds,subject to a condition that the horse
is, at all times, either under thecontrol of a
person or securely tethered, allows the horse to roam on theshowgrounds.Part 2Entry
to showgrounds5Trust may sell tickets for entry to
showgrounds(1)The trust may sell tickets for entry
to the showgrounds or ashowground area for an event conducted
by the trust on theshowgrounds or in the showground
area.(2)The trust may charge different amounts
for tickets for—(a)different classes of persons;
and(b)different events.Current as at 11
January 2002Page 5
Mt.
Gravatt Showgrounds By-law 2001Part 3 Use and
control of showgrounds[s 6]6Entry
without ticketA person must not enter the showgrounds or a
showgroundarea when a ticket is required for entry to
the showgrounds orareaforaneventconductedbythetrust,unlessthepersonbuys a ticket
before entering the showgrounds or area.Maximum
penalty—2 penalty units.Part 3Use and control
ofshowgrounds7Buildings or structures on
showgrounds(1)A person must not—(a)erect a building or structure on the
showgrounds; or(b)change a building or structure on the
showgrounds.Maximum penalty—4 penalty units.(2)In this section—change, a
building or structure, means—(a)remove or alter a part of the building or
structure; or(b)make a permanent change, regardless of
the extent of thechange.Example of a
permanent change—Placing a nail in a wall to attach a
decoration.8SignsA person must
not place a sign on the showgrounds unless thesign is of a
temporary nature and intended to be read only bypersonswhoareattendinganeventtakingplaceontheshowgrounds.Maximum
penalty—2 penalty units.Page 6Current as at 11
January 2002
Mt.
Gravatt Showgrounds By-law 2001Part 3 Use and
control of showgrounds[s 9]9Selling thingsA person must
not sell anything, or offer anything for sale, onthe
showgrounds.Maximum penalty—2 penalty units.10Animals on the showgroundA
person must not bring an animal onto the showgrounds.Maximum penalty—2 penalty units.11Driving motor vehicles on, onto and
from showgrounds(1)A person must not drive a registered
vehicle onto or from theshowgrounds, unless the person drives
the registered vehiclethrough a gateway or opening
designated by a sign as a placefor driving a
registered vehicle onto or from the showgrounds.Maximum penalty—2 penalty units.(2)Apersonmustnotdrivearegisteredvehicleontheshowgroundsunlessthepersonistheholderofadriverlicence to drive
the registered vehicle.Maximum penalty—2 penalty
units.(3)A person must not disobey a reasonable
direction given by thetrust,orapersonactingunderanauthority,aboutdriving,moving,parkingorusingamotorvehicleontheshowgrounds.Maximum
penalty—2 penalty units.(4)Apersonmustnotdriveamotorvehicleonashowgroundareaifastructurehasbeenlawfullyerectedorplacedtoprevent entry to the area.Maximum penalty—2 penalty units.Current as at 11 January 2002Page
7
Mt.
Gravatt Showgrounds By-law 2001Part 3 Use and
control of showgrounds[s 12]12Parking vehicles(1)A
person must not park a motor vehicle in a way, or at a
place,on the showgrounds if parking the motor
vehicle in the way orat the place—(a)is
prohibited by a sign erected by the trust or under anauthority; or(b)isnotinconformitywithsignsorgroundorsurfacemarkingsclearlyintendedfororderingtheparkingofrelevant vehicles.Maximum
penalty—2 penalty units.(2)The trust may
charge a reasonable fee for allowing the parkingof a
registered vehicle on the showgrounds.13Riding motorbikes on the showground(1)A person must not ride a motorbike on
the showgrounds—(a)iftheriderorapassengeronthemotorbikeisnotwearing a safety helmet that—(i)is an approved motorbike helmet;
and(ii)is securely
fastened under the chin of the wearerusing a chin
strap attached to the safety helmet; or(b)if
the front and rear wheels of the motorbike do not stayin
contact with the ground the whole time the motorbikeis
moving.Maximum penalty—2 penalty units.(2)However, subsection (1)(b) does not
apply to a person riding amotorbike on the showgrounds as part
of an event taking placeon the showgrounds.(3)In this section—approvedmotorbikehelmethasthemeaninggivenbytheTransport Operations (Road Use
Management—Road Rules)Regulation 1999.Page
8Current as at 11 January 2002
Mt.
Gravatt Showgrounds By-law 2001Part 3 Use and
control of showgrounds[s 14]Editor’s
note—TransportOperations(RoadUseManagement—RoadRules)Regulation 1999, schedule
6—approved motorbike helmetmeans
a helmet that complies with—(a)AS
1698–1988; or(b)another standard the chief executive
considers is at least equal tothat
standard.motorbikemeans—(a)a 2-wheeled motor vehicle, whether or
not a sidecar isattached to it; or(b)a3-wheeledmotorvehiclethatisriddeninthesameway as a
2-wheeled motor vehicle.14Camping on
showgrounds(1)Apersonmustnotcampontheshowgroundsunlesstheperson is an authorised person.Maximum penalty—4 penalty units.(2)In this section—authorised personmeans any of the
following—(a)a member of the society who is
involved in the operationof an event held on the
showgrounds;(b)a person engaged by the trust to
provide security at theshowgrounds;(c)apersontravellingwith,orprovidingservicesto,anevent held on
the showgrounds;(d)a person responsible for livestock
involved in an eventheld on the showgrounds;(e)apersonwhoisaccompanyingamemberorpersonmentioned in
paragraphs (a) to (d).campincludes use a
tent, caravan or other temporary shelteras the place
where a persons sleeps, eats or does the thingsnormally done at
a place that is a person’s place of residence.Current as at 11
January 2002Page 9
Mt.
Gravatt Showgrounds By-law 2001Part 4 Maintenance
and protection of showgrounds[s 15]15BehaviourA person must
not, on the showgrounds—(a)act in a way or
do anything that unreasonably disturbs,or is likely to
disturb—(i)another person’s peaceful use of the
showgrounds;or(ii)thepeacefuluseoflandadjacenttotheshowgrounds;
or(b)display,distribute,drop,scatterorthrowdownahandbill, ticket, notice or any other
kind of literature; or(c)be drunk and
disorderly.Maximum penalty—4 penalty units.Part
4Maintenance and protection ofshowgrounds16Damaging showgrounds(1)A
person must not damage the showgrounds or a showgroundstructure.Maximum
penalty—4 penalty units.(2)In this
section—damageincludesdeface,destroy,markandotherwiseinterfere
with.Example of damage—Putting graffiti on a fence on the
showgrounds.showground structuremeans a
building, structure, notice orsign on the
showgrounds.Page 10Current as at 11
January 2002
Mt.
Gravatt Showgrounds By-law 2001Part 4
Maintenance and protection of showgrounds[s 17]17Protection of vegetation and
treesA person must not damage or interfere
with—(a)gardens, soil or turf on the
showgrounds; or(b)a tree or other plant growing on the
showgrounds.Maximum penalty—2 penalty units.18Protection of animals(1)A person must not, in, on, under or
above the showgrounds—(a)destroy,
disturb, injure, interfere with, shoot or snare ananimal; or(b)destroy,disturborinterferewithabower,nestoranyother shelter of
an animal.Maximum penalty—2 penalty units.(2)In this section—animalincludes a bird, fish, crustacean, mollusc
or reptile.19Litter(1)A
person must not put litter, or allow litter to be put, on
theshowgrounds.Maximum
penalty—2 penalty units.(2)Apersondoesnotcommitanoffenceundersubsection(1)merely because the person—(a)puts litter in a receptacle placed on
the showgrounds forreceiving litter; or(b)as
part of the person’s enjoyment of the showgrounds,and
for no longer than is reasonably necessary for theenjoyment, puts litter on the showgrounds
other than byputting it in a receptacle mentioned in
paragraph (a).(3)In this section—Current as at 11
January 2002Page 11
Mt.
Gravatt Showgrounds By-law 2001Part 4 Maintenance
and protection of showgrounds[s 19]littermeans garbage,
refuse or rubbish, whether in a fluid orsolid state, and
includes anything that causes or contributes tothe defacement
of the place where it is.putincludes
deposit, drop, leave, place and throw.Page 12Current as at 11 January 2002
ScheduleMt. Gravatt
Showgrounds By-law 2001ScheduleDictionarysection 2authoritymeans a document issued by the trust that
authorisesa person to commit an act.buildingmeansafixedstructurethatiswhollyorpartlyenclosed by
walls and is roofed.drive, a registered
vehicle or motor vehicle, includes operatethe
vehicle.driverlicencehasthemeaninggivenbytheTransportOperations (Road
Use Management) Act 1995.motor
vehiclemeans a registered vehicle or other
vehicle.park, a registered
vehicle or motor vehicle, includes stand thevehicle.registered vehiclemeans a vehicle
that is registered under alawoftheStateabouttheuseofmotorvehiclesonpublicroads, or an
equivalent law of another State, and is propelledby a
motor that forms part of the vehicle, and includes a trailerattached to the registered vehicle.showground areameans a part of
the showgrounds.structureincludes—(a)a fence, gate, wall and structure
other than a building;and(b)anything fixed to, or projecting from, a
building, fence,gate, wall or other structure.Current as at 11 January 2002Page
13