Mt. Gravatt Showgrounds By-law 2001


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Mt. Gravatt Showgrounds By-law 2001
Queensland Mt. Gravatt Showgrounds Act 1988 Mt. Gravatt Showgrounds By-law 2001 Current as at 11 January 2002 Reprint note This is the last reprint before expiry. Expired on 31 August 2014.
Information about this reprint This by-law is reprinted as at 11 January 2002. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in 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 shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.
Queensland Mt. Gravatt Showgrounds By-law 2001 Contents Part 1 1 2 3 4 Part 2 5 6 Part 3 7 8 9 10 11 12 13 14 15 Part 4 16 17 18 19 Schedule Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Purpose of by-law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Excuses for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Entry to showgrounds Trust may sell tickets for entry to showgrounds . . . . . . . . . . . . . . 5 Entry without ticket . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Use and control of showgrounds Buildings or structures on showgrounds . . . . . . . . . . . . . . . . . . . 6 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Selling things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Animals on the showground . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Driving motor vehicles on, onto and from showgrounds. . . . . . . . 7 Parking vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Riding motorbikes on the showground . . . . . . . . . . . . . . . . . . . . . 8 Camping on showgrounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Behaviour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Maintenance and protection of showgrounds Damaging showgrounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Protection of vegetation and trees . . . . . . . . . . . . . . . . . . . . . . . . 11 Protection of animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Litter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Endnotes 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Mt. Gravatt Showgrounds By-law 2001 Contents 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14 15 15 Page 2
Mt. Gravatt Showgrounds By-law 2001 Part 1 Preliminary [s 1] Mt. Gravatt Showgrounds By-law 2001 [reprinted as in force on 11 January 2002] Part 1 Preliminary 1 Short title This by-law may be cited as the Mt. Gravatt Showgrounds By-law 2001 . 2 Definitions The dictionary in the schedule defines particular words used in this by-law. 3 Purpose of by-law (1) The purpose of this by–law is to make provisions about matters 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 2002 Page 3
Mt. Gravatt Showgrounds By-law 2001 Part 1 Preliminary [s 4] (2) A by-law may impose a penalty not exceeding 4 penalty units in respect of a breach of any by-law. (3) A by-law must be approved by the Governor in Council. (2) The by-law also creates offences relating to matters mentioned in that section. 4 Excuses for offences (1) A person does not commit an offence under this by-law by committing an act if— (a) the person has an authority that states the person may commit the act; or Example of paragraph (a) An authority states a person may erect a sign to advertise an event to be held on the showgrounds within 2 weeks of the start of the event. (b) the person is a member of the trust or a person who is employed by, or otherwise working for, the trust; or Example of paragraph (b) An employee of the trust removes a structure placed to prevent entry to an area, and drives a motor vehicle into the area, to carry out the employee’s duties. (c) the person commits the act under the oral or written direction of a member of the trust or a person who is or, on reasonable grounds, appears to be, employed by or working for the trust; or Example of paragraph (c) The driver of a delivery vehicle, on the oral direction of a person working for the trust as a parking attendant, parks for a limited time in an area signed ‘No parking’. (d) the person has the right to commit the act under a written contract with the trust, including, for example, a lease of, or licence or permit to use, the showgrounds; or Page 4 Current as at 11 January 2002
Mt. Gravatt Showgrounds By-law 2001 Part 2 Entry to showgrounds [s 5] Example of paragraph (d) A builder who has a contract with the trust to renovate a building makes changes to the building. (e) the person has a reasonable excuse for committing the act including, for example, the person has authority to commit the act under another Act. Example of paragraph (e) A police officer in pursuit of an offender enters the showgrounds without buying a ticket. (2) To remove doubt, it is declared that if a person purportedly commits an act under an authority, an oral or written direction or a written contract that includes stated conditions, the person is taken not to have acted under the authority, direction or contract if the person does not comply with the stated conditions. 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 the control of a person or securely tethered, allows the horse to roam on the showgrounds. Part 2 Entry to showgrounds 5 Trust may sell tickets for entry to showgrounds (1) The trust may sell tickets for entry to the showgrounds or a showground area for an event conducted by the trust on the showgrounds 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 2002 Page 5
Mt. Gravatt Showgrounds By-law 2001 Part 3 Use and control of showgrounds [s 6] 6 Entry without ticket A person must not enter the showgrounds or a showground area when a ticket is required for entry to the showgrounds or area for an event conducted by the trust, unless the person buys a ticket before entering the showgrounds or area. Maximum penalty—2 penalty units. Part 3 Use and control of showgrounds 7 Buildings 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 the change. Example of a permanent change Placing a nail in a wall to attach a decoration. 8 Signs A person must not place a sign on the showgrounds unless the sign is of a temporary nature and intended to be read only by persons who are attending an event taking place on the showgrounds. Maximum penalty—2 penalty units. Page 6 Current as at 11 January 2002
Mt. Gravatt Showgrounds By-law 2001 Part 3 Use and control of showgrounds [s 9] 9 Selling things A person must not sell anything, or offer anything for sale, on the showgrounds. Maximum penalty—2 penalty units. 10 Animals on the showground A person must not bring an animal onto the showgrounds. Maximum penalty—2 penalty units. 11 Driving motor vehicles on, onto and from showgrounds (1) A person must not drive a registered vehicle onto or from the showgrounds, unless the person drives the registered vehicle through a gateway or opening designated by a sign as a place for driving a registered vehicle onto or from the showgrounds. Maximum penalty—2 penalty units. (2) A person must not drive a registered vehicle on the showgrounds unless the person is the holder of a driver licence to drive the registered vehicle. Maximum penalty—2 penalty units. (3) A person must not disobey a reasonable direction given by the trust, or a person acting under an authority, about driving, moving, parking or using a motor vehicle on the showgrounds. Maximum penalty—2 penalty units. (4) A person must not drive a motor vehicle on a showground area if a structure has been lawfully erected or placed to prevent entry to the area. Maximum penalty—2 penalty units. Current as at 11 January 2002 Page 7
Mt. Gravatt Showgrounds By-law 2001 Part 3 Use and control of showgrounds [s 12] 12 Parking 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 or at the place— (a) is prohibited by a sign erected by the trust or under an authority; or (b) is not in conformity with signs or ground or surface markings clearly intended for ordering the parking of relevant vehicles. Maximum penalty—2 penalty units. (2) The trust may charge a reasonable fee for allowing the parking of a registered vehicle on the showgrounds. 13 Riding motorbikes on the showground (1) A person must not ride a motorbike on the showgrounds— (a) if the rider or a passenger on the motorbike is not wearing a safety helmet that— (i) is an approved motorbike helmet; and (ii) is securely fastened under the chin of the wearer using a chin strap attached to the safety helmet; or (b) if the front and rear wheels of the motorbike do not stay in contact with the ground the whole time the motorbike is moving. Maximum penalty—2 penalty units. (2) However, subsection (1)(b) does not apply to a person riding a motorbike on the showgrounds as part of an event taking place on the showgrounds. (3) In this section— approved motorbike helmet has the meaning given by the Transport Operations (Road Use Management—Road Rules) Regulation 1999 . Page 8 Current as at 11 January 2002
Mt. Gravatt Showgrounds By-law 2001 Part 3 Use and control of showgrounds [s 14] Editor’s note Transport Operations (Road Use Management—Road Rules) Regulation 1999 , schedule 6— approved motorbike helmet means a helmet that complies with— (a) AS 1698–1988; or (b) another standard the chief executive considers is at least equal to that standard. motorbike means— (a) a 2-wheeled motor vehicle, whether or not a sidecar is attached to it; or (b) a 3-wheeled motor vehicle that is ridden in the same way as a 2-wheeled motor vehicle. 14 Camping on showgrounds (1) A person must not camp on the showgrounds unless the person is an authorised person. Maximum penalty—4 penalty units. (2) In this section authorised person means any of the following— (a) a member of the society who is involved in the operation of an event held on the showgrounds; (b) a person engaged by the trust to provide security at the showgrounds; (c) a person travelling with, or providing services to, an event held on the showgrounds; (d) a person responsible for livestock involved in an event held on the showgrounds; (e) a person who is accompanying a member or person mentioned in paragraphs (a) to (d). camp includes use a tent, caravan or other temporary shelter as the place where a persons sleeps, eats or does the things normally done at a place that is a person’s place of residence. Current as at 11 January 2002 Page 9
Mt. Gravatt Showgrounds By-law 2001 Part 4 Maintenance and protection of showgrounds [s 15] 15 Behaviour A 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) the peaceful use of land adjacent to the showgrounds; or (b) display, distribute, drop, scatter or throw down a handbill, ticket, notice or any other kind of literature; or (c) be drunk and disorderly. Maximum penalty—4 penalty units. Part 4 Maintenance and protection of showgrounds 16 Damaging showgrounds (1) A person must not damage the showgrounds or a showground structure. Maximum penalty—4 penalty units. (2) In this section— damage includes deface, destroy, mark and otherwise interfere with. Example of damage Putting graffiti on a fence on the showgrounds. showground structure means a building, structure, notice or sign on the showgrounds. Page 10 Current as at 11 January 2002
Mt. Gravatt Showgrounds By-law 2001 Part 4 Maintenance and protection of showgrounds [s 17] 17 Protection of vegetation and trees A 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. 18 Protection of animals (1) A person must not, in, on, under or above the showgrounds— (a) destroy, disturb, injure, interfere with, shoot or snare an animal; or (b) destroy, disturb or interfere with a bower, nest or any other shelter of an animal. Maximum penalty—2 penalty units. (2) In this section— animal includes a bird, fish, crustacean, mollusc or reptile. 19 Litter (1) A person must not put litter, or allow litter to be put, on the showgrounds. Maximum penalty—2 penalty units. (2) A person does not commit an offence under subsection (1) merely because the person— (a) puts litter in a receptacle placed on the showgrounds for receiving litter; or (b) as part of the person’s enjoyment of the showgrounds, and for no longer than is reasonably necessary for the enjoyment, puts litter on the showgrounds other than by putting it in a receptacle mentioned in paragraph (a). (3) In this section— Current as at 11 January 2002 Page 11
Mt. Gravatt Showgrounds By-law 2001 Part 4 Maintenance and protection of showgrounds [s 19] litter means garbage, refuse or rubbish, whether in a fluid or solid state, and includes anything that causes or contributes to the defacement of the place where it is. put includes deposit, drop, leave, place and throw. Page 12 Current as at 11 January 2002
Schedule Mt. Gravatt Showgrounds By-law 2001 Schedule Dictionary section 2 authority means a document issued by the trust that authorises a person to commit an act. building means a fixed structure that is wholly or partly enclosed by walls and is roofed. drive , a registered vehicle or motor vehicle, includes operate the vehicle. driver licence has the meaning given by the Transport Operations (Road Use Management) Act 1995 . motor vehicle means a registered vehicle or other vehicle. park , a registered vehicle or motor vehicle, includes stand the vehicle. registered vehicle means a vehicle that is registered under a law of the State about the use of motor vehicles on public roads, or an equivalent law of another State, and is propelled by a motor that forms part of the vehicle, and includes a trailer attached to the registered vehicle. showground area means a part of the showgrounds. structure includes— (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 2002 Page 13
Mt. Gravatt Showgrounds By-law 2001 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 2 Date to which amendments incorporated 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Page 14 Current as at 11 January 2002
Mt. Gravatt Showgrounds By-law 2001 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments included none Effective 14 December 2001 Reprint date 11 January 2002 5 List of legislation Mt. Gravatt Showgrounds By-law 2001 SL No. 256 made by the Mt. Gravatt Showgrounds Trust on 15 October 2001 notfd gaz 14 December 2001 pp 1351–4 commenced on date of notification exp 1 September 2012 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. © State of Queensland 2013 Authorised by the Parliamentary Counsel Current as at 11 January 2002 Page 15