Major Sports Facilities Act 2001

An Act to provide for the management, operation, use, development and promotion of facilities in Queensland for staging national or international sports, recreational or entertainment events, special events and for other purposes

Long title amd 2006 No. 14s 3; 2008 No. 15s 3

1Short title

This Act may be cited as the Major Sports Facilities Act 2001.

3Definitions

The dictionary in schedule 2 defines particular words used in this Act.

s 3 amd 2005 No. 6s 4

4Declaration of major sports facilities

(1)A regulation may declare a facility that has the capacity to stage national or international sports, recreational or entertainment events, or special events, to be a major sports facility.

(2)On the making of the declaration, property in the facility vests in the Authority.

(3)However, the declaration—

(a)may be made only with the agreement of the person who is the owner of the facility; and

(b)does not affect any interest that another person had in the facility immediately before its making.

s 4 amd 2006 No. 14s 4

pt 3 hdg sub 2008 No. 15s 4

5Establishment of Authority

Stadiums Queensland (the Authority) is established.

s 5 amd 2008 No. 15s 5

6Legal status of Authority

(1)The Authority—

(a)is a body corporate; and

(b)has a seal; and

(c)may sue and be sued in its corporate name.

(2)The Authority does not represent the State.

Note—

See section 26 in relation to the application of the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982.

7Authority’s functions

(1)The Authority’s functions are—

(a)to manage, operate, use and promote major sports facilities and facility land, including for a community purpose; and

(b)to undertake development of any of the following—

(i)major sports facilities;

(ii)sports, recreational or entertainment facilities for declaration as major sports facilities;

(iii)infrastructure associated with major sports facilities or proposed major sports facilities; and

(c)to provide services in relation to the operation and management of other facilities or land held or administered by the department and used for—

(i)sport, recreational or entertainment purposes or events; or

(ii)special events.

Examples of facilities or land held or administered by the department—

•freehold land owned by the State acting through the department and occupied by another entity or department under a lease or other arrangement

•land administered by the department on behalf of another department under an arrangement

•land for which the State acting through the department is the trustee under the Land Act 1994

•a facility occupied or leased by the State acting through the department

(2)The Authority must perform its functions in a way that—

(a)is consistent with sound commercial principles; and

(b)has regard to the requirements of tenants of the facilities or land.

(3)Also, the Authority must perform its functions under subsection (1)(c) in a way that does not adversely affect the performance of its functions under subsection (1)(a) or (b).

s 7 amd 2008 No. 15s 6; 2022 No. 26s 3

8Authority’s powers

(1)The Authority has all the powers of an individual, and may, for example—

(a)enter into contracts; and

(b)acquire, hold, dispose of, and deal with property; and

(c)appoint agents and attorneys; and

(d)engage consultants; and

(e)charge, and fix terms for goods, services and information supplied by it; and

(f)do anything else necessary or convenient to be done for, or in connection with, its functions.

(2)Without limiting subsection (1), the Authority has the powers given to it under this or another Act.

(3)However, the power under subsection (1)(b) to acquire a sports, recreational or entertainment facility for its declaration as a major sports facility may be exercised only with the prior written approval of the Minister.

(3A)Also, the power under subsection (1)(b) to acquire freehold land to undertake the development of a sports, recreational or entertainment facility for its declaration as a major sports facility may be exercised only with the prior written approval of the Minister.

(4)The Authority may exercise its powers inside or outside Queensland.

(5)Without limiting subsection (4), the Authority may exercise its powers outside Australia.

s 8 amd 2008 No. 15s 7; 2022 No. 26s 4

9Restriction on Authority’s power to deal with property

(1)Despite section 8, the Authority must not sell an estate in fee simple in facility land without the prior written approval of the Minister.

(2)The Minister may impose conditions on a sale approved under subsection (1).

(3)The Authority may use its property other than for performing its functions only with the Minister’s prior written approval.

(4)The Authority’s property is not distributable, whether by way of division of profits or by way of distribution of assets, among tenants of a major sports facility.

s 9 amd 2022 No. 26s 5

9AMinisterial directions

(1)The Minister may give the Authority a written direction about the performance of the Authority’s functions or the exercise of the Authority’s powers if satisfied it would be in the public interest to give the direction.

(2)Without limiting subsection (1), the direction may require the Authority to give the Minister information, including commercial-in-confidence information.

(3)Before giving the direction, the Minister must consult with the board about the direction.

(4)The Authority must comply with the direction.

(5)The Authority must include in its annual report, prepared under the Financial Accountability Act 2009, section 63, for a financial year—

(a)a summary of each direction given during the year; and

(b)a statement about how the Authority has complied with each direction given during the year.

s 9A ins 2022 No. 26s 6

pt 3B hdg ins 2011 No. 28s 4

amd 2016 No. 56s 22A

pt 3B div 1 hdg ins 2011 No. 28s 4

om 2016 No. 56s 23

pt 3B div 2 hdg ins 2011 No. 28s 4

om 2016 No. 56s 24

30ALDefinitions for part

In this part—

major sport event means a national or international sport event that has a crowd size of more than the number prescribed by regulation.

relevant development approval means the development approval relating to the major sports facility called Brisbane Stadium issued under the Integrated Planning Act 1997 on 6 July 2001 and continued as a development approval under the repealed Sustainable Planning Act 2009 and the Planning Act.

s 30AL def relevant development approval sub 2016 No. 56s 25(3)–(4)

amd 2016 No. 27s 322 (amd 2016 No. 56s 36sch 1)

relevant development approval condition means condition 42 of the relevant development approval, a copy of which is set out in schedule 1A.

s 30AL def relevant development approval condition sub 2016 No. 56s 25(3)–(4)

s 30AL ins 2011 No. 28s 4

amd 2016 No. 56s 25(1)–(2)

30AMApplication of part

This part applies to major sport events held at the major sports facility called ‘Brisbane Stadium (Lang Park)’.

s 30AM ins 2011 No. 28s 4

amd 2016 No. 56s 26

30ANUse of Brisbane Stadium (Lang Park) for major sport events

(1)Subject to compliance with the conditions of the relevant development approval, other than the relevant development approval condition, the use of Brisbane Stadium (Lang Park) for no more than 24 major sport events each year is a lawful use of the facility.

(2)Subsection (1) applies despite the following—

(a)the relevant development approval condition;

(b)the Planning Act;

(c)any local planning instrument made under the Planning Act applying to the land on which the facility is;

(d)any development approval under the Planning Act relating to the facility.

s 30AN ins 2011 No. 28s 4

amd 2016 No. 56s 27A; 2016 No. 27s 323 (amd 2016 No. 56s 36sch 1)

pt 4 hdg ins 2006 No. 14s 6

30ALawful use forof major sports facilities for prescribed special events

(1)This section applies to the use of a major sports facility for a special event prescribed under aby regulation.

(2)The use of the major sports facility for the special event is a lawful use of the facility despite the following—

(a)the Planning Act;

(b)any local planning instrument made under the Planning Act applying to the land on which the facility is;

(c)any development approval under the Planning Act relating to the facility.;

(d)the Liquor Act 1992, or a licence under that Act, to the extent that Act or the licence applies in relation to noise from the use of the facility for the special event;

(e)a local law, or a licence, permit or other approval (however described) under the local law, to the extent the local law or the licence, permit or other approval applies in relation to noise from the use of the facility for the special event.

Note—

See also the Local Government Act 2009, section 27.

(3)Also, subsection (4) applies if the conditions prescribed under subsection (5), about noise levels for the use of the major sports facility for the special event, are complied with.

(4)The use of the major sports facility for the special event is taken to be in compliance with the general environmental duty under the Environmental Protection Act 1994, section 319, to the extent the general environmental duty applies in relation to noise from the use of the facility for the special event.

Note—

See also the Environmental Protection Act 1994, sections 440 and 440Q and schedule 1, section 3(j).

(35)A regulation may prescribe conditions on the use of the major sports facility for the special event.

s 30A prev s 30A ins 2003 No. 33s 3

om 2005 No. 6s 7

pres s 30A ins 2006 No. 14s 6

amd 2009 No. 36s 872sch 2; 2016 No. 27s 324

pt 4A hdg ins 2006 No. 53s 3

30BDefinitions for pt 4A

In this part—

authorised ticket agent, for a major sports facility event, means an entity authorised by the event’s organiser to sell tickets to the event to the public.

non-profit organisation means an organisation that is not carried on for the profit or gain of its individual members.

Examples of entities that may be non-profit organisations—

a charity, church, club or environmental protection society

original ticket price, of a ticket to a major sports facility event, means—

(a)if the ticket was originally obtained from the event’s organiser—the price at which the organiser sells, to the public, tickets of the same type for the event; or

(b)if the ticket was originally obtained from an authorised ticket agent for the event—the price at which the agent sells, to the public, tickets of the same type for the event, including any fee, whatever called, charged by the agent for the sale and included in the purchase price.

public sale forum means a newspaper, auction house, internet website or other venue or medium that, in the ordinary course of business or commerce, is generally made available to members of the public to sell to, or purchase from, other members of the public, all, or broad categories of, property and services.

resell, a ticket to a major sports facility event, means to sell the ticket—

(a)at any time after it has been obtained from the event’s organiser or an authorised ticket agent for the event; and

(b)before the event takes place.

sell includes offer for sale.

ticket, to a major sports facility event, means a docket, token or another item that entitles the person holding the docket, token or item to attend the event on the day and at the time indicated on the docket, token or item.

s 30B prev s 30B ins 2003 No. 33s 3

om 2005 No. 6s 7

pres s 30B ins 2006 No. 53s 3

30CRestriction on resale or purchase of tickets

(1)A person must not, within or outside Queensland, resell a ticket to a major sports facility event at a price greater than 10% above the original ticket price of the ticket.

Maximum penalty—20 penalty units.

Maximum penalty—

(a)for an individual—135 penalty units; or

(b)for a corporation—680 penalty units.

(2)A person must not, within or outside Queensland, purchase a ticket to a major sports facility event from a person, other than the event’s organiser or an authorised ticket agent for the event, at a price greater than 10% above the original ticket price of the ticket.

Maximum penalty—5 penalty units.

(32)Subsection (1) or (2) does not apply to the resale or purchase of a ticket, to a major sports facility event, by or from a non-profit organisation, or someone acting for the organisation, for fundraising.

(43)This section does not authorise the resale of a ticket to a major sports facility event.

(54)A person does not contravene subsection (1) or (2) merely because the person provides, or assists someone else to provide, a public sale forum that is used in contravention of subsection (1) or (2)subsection (1).

s 30C prev s 30C ins 2003 No. 33s 3

om 2005 No. 6s 7

pres s 30C ins 2006 No. 53s 3

pt 4B hdg ins 2006 No. 53s 3

30DDefinitions for pt 4B

In this part—

advertisement includes the following—

(a)skywriting or sign-writing by an aircraft;

(b)a banner or other sign attached to—

(i)an aircraft, or a hang-glider, parachute, paraglider or similar device; or

(ii)a person suspended from an aircraft, or a hang-glider, parachute, paraglider or similar device;

(c)matter on an aircraft, or a hang-glider, parachute, paraglider or similar device, other than matter not intended for advertising;

(d)matter on a building or other structure, or a banner or other sign attached to a building or other structure, other than matter not intended for advertising;

(e)matter on a flag, other than a state or national flag, that has an area of more than 5m², other than matter not intended for advertising;

(f)any laser or digital projection of advertising.

aircraft includes airship, blimp, drone, helicopter and hot-air balloon.

declared event means a major sports facility event declared to be a declared event for this part under section 30E.

declared period ...

s 30D def declared period om 2016 No. 56s 28(1)

display includes cause to be displayed.

drone means a device that—

(a)is capable of flight; and

(b)is remotely piloted or able to be programmed to autonomously fly a particular route; and

(c)is not capable of transporting a person.

prescribed event means a major sports facility event that is—

(a)of a type prescribed by regulation; and

(b)organised, scheduled or endorsed by a national or international body prescribed by regulation for the type of event; and

(c)held at a major sports facility prescribed by regulation for the type of event.

s 30D def prescribed event ins 2016 No. 56s 28(2)

restricted advertising event means—

(a)a declared event; or

(b)a prescribed event.

s 30D def restricted advertising event ins 2016 No. 56s 28(2)

restricted advertising period, for a major sports facility, means—

(a)a period declared under section 30E(1) as a period for which this part applies to the facility in relation to the staging, at the facility, of a declared event; or

(b)the period starting at 6a.m. and ending at midnight on a day that a prescribed event is held at the facility.

s 30D def restricted advertising period ins 2016 No. 56s 28(2)

s 30D prev s 30D ins 2003 No. 33s 3

om 2005 No. 6s 7

pres s 30D ins 2006 No. 53s 3

30EDeclaration of events and periods for this part

(1)The Governor in Council may, by gazette notice, declare—

(a)a major sports facility event as a declared event for this part; and

(b)the period for which this part applies, in relation to the declared event, to the major sports facility at which the declared event is to be staged.

(2)The declaration must be made at least 28 days before the start of the period mentioned in subsection (1)(b).

s 30E ins 2006 No. 53s 3

30FRestriction on advertising

(1)A person must not display an advertisement in airspace, or on a building or other structure, that is within sight of a major sports facility during a restricted advertising period for the facility, unless the display is authorised under section 30G.

Maximum penalty—700 penalty units.

(2)Subsection (1) does not apply to the following—

(a)an advertisement that is a logo, symbol or similar matter displayed on a building or other structure on more than a temporary basis;

(b)an advertisement displayed on an aircraft within sight of the major sports facility if the aircraft is in transit as part of a scheduled commercial flight.

s 30F ins 2006 No. 53s 3

amd 2016 No. 56s 29

30GAuthorised advertising

(1)The Authority may, on written application by a person, authorise the display of an advertisement in airspace, or on a building or other structure, within sight of a major sports facility during a restricted advertising period for the facility.

(2)However, the Authority may authorise the display only if the Authority is satisfied the display is appropriate for the restricted advertising event to which the restricted advertising period relates, having regard to the following—

(a)any effect of the advertisement on the organisation or staging of the event;

(b)whether or not there are any commercial arrangements about the advertisement with the Authority or the event’s organiser;

(c)whether or not the advertisement is consistent with other advertisements approved for the event and the arrangements mentioned in paragraph (b);

(d)any effect of the advertisement on how the facility is perceived by persons intending or likely to stage events at the facility in the future.

(3)The Authority may impose conditions on the display of the advertisement under the authorisation, including, for example, conditions about the following—

(a)the period for which the display is authorised under the approval;

(b)the circumstances in which the display is authorised under the approval;

(c)the persons who are authorised to display the advertisement under the approval;

(d)the types of advertisements that are authorised to be displayed under the approval.

s 30G ins 2006 No. 53s 3

amd 2016 No. 56s 30

pt 5 prev pt 5 (ss 34–53) exp 30 May 2003 (see s 53(b) and Major Sports Facilities Regulation 2002 s 3)

pres pt 5 (ss 31–33) (prev pt 4) renum 2006 No. 14s 5

31Park land

The Brisbane City Council must continue to hold the land described as lot 2 on Registered Plan B31553, County of Stanley, Parish of South Brisbane, for public park and road purposes and for no other purpose.

32Conduct on facility land

A person must not—

(a)be disorderly or create a disturbance on facility land; or

(b)without the Authority’s approval, enter on the part of facility land usually used by persons engaged in sport or entertainment; or

(c)interfere with a person engaged in sport or entertainment on facility land.

Maximum penalty—

(a)for paragraph (a)—20 penalty units;

(b)for paragraph (b)—40 penalty units;

(c)for paragraph (c)—80 penalty units.

s 32 amd 2005 No. 6s 8; 2006 No. 53s 4

32AControl of traffic on facility land

Schedule 1 has effect.

s 32A ins 2005 No. 6s 9

33Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may provide for all matters necessary for the implementation of a declaration, or the revocation of a declaration, of a major sports facility.

54Act repealed

The Lang Park Trust Act 1994 is repealed.

55Definitions for sdiv 2

In this subdivision—

former authority means the former Lang Park Trust.

Redevelopment Authority means the Stadium Redevelopment Authority established under section 34.

repeal means the repeal of the Lang Park Trust Act 1994.

repealed Act means the repealed Lang Park Trust Act 1994.

56References to repealed Act and former authority

(1)In an Act or document, a reference to the repealed Act may, if the context permits, be taken as a reference to this Act.

(2)A reference in an Act or document to the former authority may, if the context permits, be taken as a reference to the Redevelopment Authority.

57Redevelopment Authority is legal successor

(1)The Redevelopment Authority is the successor in law of the former authority that ceased to exist on the repeal.

(2)Sections 58 to 61 do not limit subsection (1).

58Assets and liabilities etc.

(1)On the repeal—

(a)assets and liabilities of the former authority immediately before the repeal vest in the Redevelopment Authority; and

(b)any contracts entered into by or on behalf of the former authority and all guarantees, undertakings and securities given by or on behalf of the former authority, in force immediately before the repeal, are taken to have been entered into or given by or to the Redevelopment Authority and may be enforced against or by the Redevelopment Authority.

(2)On and from the repeal, property that immediately before the repeal was held on trust by the former authority is vested in the Redevelopment Authority free from the trust.

(3)The registrar of titles or other person responsible for keeping a register for dealings in property must, if asked by the Redevelopment Authority, record the vesting of the property under this section in the Redevelopment Authority.

59Employee’s rights and entitlements

(1)This section applies to a person who immediately before the repeal was an employee of the former authority.

(2)On the repeal, the person is taken to be employed by the Redevelopment Authority on the same conditions on which the person was employed by the former authority.

(3)Also, the person—

(a)keeps all rights accrued or accruing to the person as an employee of the former authority; and

(b)is entitled to receive long service, recreation and sick leave and any similar entitlements accrued or accruing to the person as an employee of the former authority; and

(c)if the person is a member of a superannuation scheme—

(i)the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and

(ii)the person’s membership of the scheme is not affected.

(4)Without limiting subsection (2), if an industrial instrument under the Industrial Relations Act 1999 applies to the person immediately before the repeal, the instrument continues to apply to the person.

(5)Subsection (4) has effect subject to the Industrial Relations Act 1999.

60Proceedings

A proceeding that could have been started or continued by or against the former authority before the repeal may be started or continued by or against the Redevelopment Authority.

61Particular interests continue

Subject to section 58(2), this Act does not affect any interest that a person had in the property of the former authority immediately before the repeal.

62Act repealed

The Brisbane Cricket Ground Act 1993 is repealed.

63Definitions for sdiv 2

In this subdivision—

former authority means the former Brisbane Cricket Ground Trust.

repeal means the repeal of the Brisbane Cricket Ground Act 1993.

repealed Act means the repealed Brisbane Cricket Ground Act 1993.

64References to repealed Act and former authority

(1)In an Act or document, a reference to the repealed Act may, if the context permits, be taken as a reference to this Act.

(2)A reference in an Act or document to the former authority may, if the context permits, be taken as a reference to the Authority.

65Authority is legal successor

(1)The Authority is the successor in law of the former authority that ceased to exist on the repeal.

(2)Sections 66 to 69 do not limit subsection (1).

66Assets and liabilities etc.

(1)On the repeal—

(a)assets and liabilities of the former authority immediately before the repeal vest in the Authority; and

(b)any contracts entered into by or on behalf of the former authority and all guarantees, undertakings and securities given by or on behalf of the former authority, in force immediately before the repeal, are taken to have been entered into or given by or to the Authority and may be enforced against or by the Authority.

(2)On and from the repeal, property that immediately before the repeal was held on trust by the former authority is vested in the Authority free from the trust.

(3)The registrar of titles or other person responsible for keeping a register for dealings in property must, if asked by the Authority, record the vesting of the property under this section in the Authority.

67Employee’s rights and entitlements

(1)This section applies to a person who immediately before the repeal was an employee of the former authority.

(2)On the repeal, the person is taken to be employed by the Authority on the same conditions on which the person was employed by the former authority.

(3)Also, the person—

(a)keeps all rights accrued or accruing to the person as an employee of the former authority; and

(b)is entitled to receive long service, recreation and sick leave and any similar entitlements accrued or accruing to the person as an employee of the former authority; and

(c)if the person is a member of a superannuation scheme—

(i)the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and

(ii)the person’s membership of the scheme is not affected.

(4)Without limiting subsection (2), if an industrial instrument under the Industrial Relations Act 1999 applies to the person immediately before the repeal, the instrument continues to apply to the person.

(5)Subsection (4) has effect subject to the Industrial Relations Act 1999.

68Proceedings

A proceeding that could have been started or continued by or against the former authority before the repeal may be started or continued by or against the Authority.

69Particular rights and interests continue

This Act does not affect—

(a)any membership rights that a person had to the Brisbane Cricket Ground immediately before the repeal; and

(b)subject to section 66(2), any interest that a person had in the property of the former authority immediately before the repeal.

70Declaration of Brisbane Cricket Ground as major sports facility

Section 4(3) does not apply to the declaration of the Brisbane Cricket Ground as a major sports facility.

71Definition for div 3

In this division—

former authority means the former Stadium Redevelopment Authority.

72References to former authority

A reference in an Act or document to the former authority may, if the context permits, be taken as a reference to the Authority.

73Authority is legal successor

(1)The Authority is the successor in law of the former authority that ceased to exist on the expiry of part 5.

(2)Sections 74 to 76 do not limit subsection (1).

74Assets and liabilities etc.

(1)On the expiry of part 5—

(a)assets and liabilities of the former authority immediately before the expiry vest in the Authority; and

(b)any contracts entered into by or on behalf of the former authority and all guarantees, undertakings and securities given by or on behalf of the former authority, in force immediately before the expiry, are taken to have been entered into or given by or to the Authority and may be enforced against or by the Authority.

(2)The registrar of titles or other person responsible for keeping a register for dealings in property must, if asked by the Authority, record the vesting of the property under this section in the Authority.

75Employee’s rights and entitlements

(1)This section applies to a person who immediately before the expiry of part 5 was an employee of the former authority.

(2)On the expiry, the person is taken to be employed by the Authority on the same conditions on which the person was employed by the former authority.

(3)Also, the person—

(a)keeps all rights accrued or accruing to the person as an employee of the former authority; and

(b)is entitled to receive long service, recreation and sick leave and any similar entitlements accrued or accruing to the person as an employee of the former authority; and

(c)if the person is a member of a superannuation scheme—

(i)the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and

(ii)the person’s membership of the scheme is not affected.

76Proceedings

A proceeding that could have been started or continued by or against the former authority before the expiry of part 5 may be started or continued by or against the Authority.

77Declaration of Suncorp Metway Stadium as major sports facility

Section 4(3)(a) does not apply to the declaration of the Suncorp Metway Stadium as a major sports facility.

pt 6 div 7 hdg ins 2008 No. 15s 8

82Change of name does not affect legal personality etc.

(1)The change of name of the Authority from ‘Major Sports Facilities Authority’ to ‘Stadiums Queensland’ does not—

(a)affect the entity’s legal personality or identity; or

(b)affect a right, entitlement or liability of the Authority or anyone else; or

(c)make legal proceedings by or against the Authority defective.

(2)Without limiting subsection (1), the change of name of the Authority does not affect any right, entitlement, liability or benefit the Authority would have had or enjoyed apart from the change of name.

(3)In addition, but without limiting subsection (1), a legal proceeding that could have been started or continued by or against the Authority under its former name may be started or continued by or against it under its new name.

s 82 ins 2008 No. 15s 8

83References to Major Sports Facilities Authority

A reference in an Act or document to the Major Sports Facilities Authority may, if the context permits, be taken as a reference to Stadiums Queensland.

s 83 ins 2008 No. 15s 8

84Recording Authority’s changed name in register

(1)The registrar of titles or other person responsible for keeping a register for dealings in property must, if asked by the Authority in the appropriate form, and on payment of any fee, record in the register, for any property vested in the Authority, the change of the name of the Authority from ‘Major Sports Facilities Authority’ to ‘Stadiums Queensland’.

(2)In this section—

registrar of titles means a public official or authority responsible for registering title to land and dealings affecting land.

s 84 ins 2008 No. 15s 8

pt 6 div 8 hdg ins 2022 No. 26s 10

85Existing Governor in Council approvals

(1)This section applies if—

(a)before the commencement, the Governor in Council approved the Authority exercising a power mentioned in section 8(3) or (3A) or 9(1); and

(b)immediately before the commencement—

(i)the Governor in Council’s approval was still in effect; and

(ii)the power had not been exercised.

(2)On the commencement, the Governor in Council’s approval is taken to be an approval given by the Minister.

s 85 ins 2022 No. 26s 10

86Existing requests for Governor in Council approval

(1)This section applies if—

(a)before the commencement, the Authority asked the Governor in Council for approval to exercise a power mentioned in section 8(3) or (3A) or 9(1); and

(b)immediately before the commencement, the request had not been decided.

(2)The Governor in Council may continue to decide the request.

(3)If the Governor in Council approves the request, the approval is taken to be an approval given by the Minister.

s 86 ins 2022 No. 26s 10

87Existing directors

A person who holds office as a director immediately before the commencement may continue as a director after the commencement despite section 14(1).

s 87 ins 2022 No. 26s 10

section 32A

sch 1 hdg ins 2005 No. 6s 12

sch 1 pt 1 hdg ins 2005 No. 6s 12

1Appointment

The Authority may, in writing, appoint a person who the Authority is satisfied has the necessary training, or knowledge and experience, to be an authorised person under this Act.

sch 1 s 1 ins 2005 No. 6s 12

2Limitation of authorised person’s powers

(1)The powers of an authorised person may be limited—

(a)under a condition of appointment; or

(b)by written notice of the Authority given to the authorised person.

(2)Notice under subsection (1)(b) may be given orally, but must be confirmed in writing as soon as possible.

sch 1 s 2 ins 2005 No. 6s 12

3Terms of appointment

(1)An authorised person holds office on the conditions stated in the instrument of appointment.

(2)An authorised person—

(a)if the appointment provides for a term of appointment—ceases to hold office as an authorised person at the end of the term; and

(b)may resign by signed notice given to the Authority.

sch 1 s 3 ins 2005 No. 6s 12

4Identity cards

(1)The Authority must issue an identity card to each authorised person.

(2)The identity card must—

(a)contain a recent photograph of the authorised person; and

(b)be in a form approved by the Authority; and

(c)be signed by the authorised person.

(3)A person who ceases to be an authorised person must, as soon as practicable, return the person’s identity card to the Authority, unless the person has a reasonable excuse for not returning it.

Maximum penalty for subsection (3)—10 penalty units.

sch 1 s 4 ins 2005 No. 6s 12

5Proof of authority

(1)An authorised person may exercise a power under this Act in relation to someone else only if the authorised person—

(a)first produces his or her identity card for inspection by the other person; or

(b)has his or her identity card displayed so that it is clearly visible.

(2)If, for any reason, it is not practicable to comply with subsection (1), the authorised person must produce the identity card for inspection by the person at the first reasonable opportunity.

(3)If subsection (2) is relevant and is complied with by an authorised person, the exercise of a power in relation to someone else by the authorised person is not invalid merely because of subsection (1).

sch 1 s 5 ins 2005 No. 6s 12

sch 1 pt 2 hdg ins 2005 No. 6s 12

6Persons authorised to control traffic on facility land

(1)An authorised person may control traffic on facility land and, for this purpose, may give directions to persons on the land.

(2)A person must not fail to comply with a direction given under subsection (1), unless the person has a reasonable excuse for not complying with it.

Maximum penalty for subsection (2)—10 penalty units.

sch 1 s 6 ins 2005 No. 6s 12

7Regulatory notice

(1)The Authority may erect or display at or near any vehicular entrance to facility land, a notice (a regulatory notice) regulating the driving, parking or standing of vehicles on the land, including, for example—

(a)fixing a maximum speed limit; or

(b)indicating a pedestrian crossing; or

(c)indicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.

(2)A person on facility land must comply with a regulatory notice, unless the person has a reasonable excuse for not complying with it.

Maximum penalty—10 penalty units.

(3)A regulatory notice—

(a)must state the limits of the area to which the notice applies; and

(b)may state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.

(4)Without limiting subsection (1), the Authority may erect and display regulatory notices in the form of official traffic signs.

(5)Evidence that a notice purporting to be a regulatory notice was erected or displayed at a place mentioned in subsection (1) is evidence that the notice was a regulatory notice erected or displayed by the Authority.

(6)A regulatory notice erected or displayed under this section must be easily visible to passers-by.

sch 1 s 7 ins 2005 No. 6s 12

8Information notices

(1)This section applies if a regulatory notice does not state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.

(2)The Authority must erect or display at or near each vehicular entrance to facility land to which the regulatory notice relates, and other places the Authority considers appropriate, information notices stating that a contravention of a requirement of a regulatory notice is an offence and the penalty for the offence.

(3)An information notice may contain any other information the Authority considers appropriate.

(4)An information notice erected or displayed under this section must be easily visible to passers-by.

(5)In this section—

regulatory notice does not include an official traffic sign.

sch 1 s 8 ins 2005 No. 6s 12

9Removal and detention of illegally parked or abandoned vehicles

(1)An authorised person may seize, remove and hold a vehicle that the authorised person believes on reasonable grounds—

(a)is parked in contravention of a regulatory notice; or

(b)is abandoned.

(2)The vehicle must be held at a safe place.

(3)An authorised person may exercise the powers given under subsection (1)(a) only if—

(a)the authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on facility land; and

(b)the authorised person—

(i)can not immediately locate the driver of the vehicle; or

(ii)believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.

(4)As soon as is practicable and no later than 14 days after the vehicle is seized, the Authority must give to the owner of the vehicle a written notice stating how the owner may recover the vehicle.

(5)If the owner can not be ascertained or located within 14 days after the vehicle is seized, the notice may be given by publishing it in a newspaper circulating generally in the State.

(6)If the vehicle was parked in contravention of a regulatory notice, the owner of the vehicle must pay to the Authority the amount demanded by it for the cost of seizing, removing, holding and returning the vehicle.

(7)In this section—

vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.

sch 1 s 9 ins 2005 No. 6s 12

10Disposal of unclaimed vehicles

(1)This section applies if the owner of a seized vehicle does not recover the vehicle within 2 months after notice is given to the owner under section 9(4) or (5).

(2)After publishing a notice in a newspaper circulating generally in the State, the Authority may sell the vehicle by public auction.

(3)The notice must—

(a)identify the vehicle; and

(b)state that the vehicle is to be sold by auction; and

(c)state how the owner may recover the vehicle before the auction; and

(d)state the time and place of the auction.

(4)Compensation is not recoverable against the Authority because of the sale of a vehicle under this section.

(5)In this section—

vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.

sch 1 s 10 ins 2005 No. 6s 12

11Application of proceeds of sale

(1)The proceeds of the sale must be applied in the following order—

(a)in payment of the reasonable expenses incurred in the sale;

(b)in payment of the reasonable cost of seizing, removing and holding the vehicle;

(c)if there is an amount owing to a person under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing to the holder of the security interest;

(d)in payment of any balance to the owner.

(2)A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (1)(a) or (b).

(3)Compensation is not recoverable against the Authority because of a payment under this section.

(4)In this section—

secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 10.

sch 1 s 11 ins 2005 No. 6s 12

amd 2010 No. 44s 66

section 30AL, definition relevant development approval condition

sch 1A ins 2011 No. 28s 5

amd 2016 No. 56s 32

section 3

advertisement, for part 4B, see section 30D.

sch 2 def advertisement ins 2006 No. 53s 7

aircraft, for part 4B, see section 30D.

sch 2 def aircraft ins 2006 No. 53s 7

authorised person means a person appointed as an authorised person under schedule 1, section 1.

sch 2 def authorised person ins 2005 No. 6s 11(1)

authorised ticket agent, for part 4A, see section 30B.

sch 2 def authorised ticket agent ins 2006 No. 53s 7

Authority see section 5.

sch 2 def Authority sub 2008 No. 15s 9

board means the board of directors of the Authority.

conviction means a finding of guilt or acceptance of a plea of guilty by a court, regardless of whether a conviction is recorded.

sch 2 def conviction ins 2022 No. 26s 11

declared event, for part 4B, see section 30D.

sch 2 def declared event ins 2006 No. 53s 7

declared period ...

sch 2 def declared period ins 2006 No. 53s 7

om 2016 No. 56s 33(1)

director means a director of the Authority.

display, for part 4B, see section 30D.

sch 2 def display ins 2006 No. 53s 7

employee of the employing office ...

sch 2 def employee of the employing office ins 2007 No. 20s 33

om 2016 No. 56s 33(1)

employing office ...

sch 2 def employing office ins 2007 No. 20s 33

om 2016 No. 56s 33(1)

executive officer ...

sch 2 def executive officer ins 2007 No. 20s 33

om 2016 No. 56s 33(1)

facility land means land on which there is a major sports facility.

government entity ...

sch 2 def government entity ins 2007 No. 20s 33

amd 2009 No. 25s 83sch

om 2016 No. 56s 33(1)

industrial instrument see the Industrial Relations Act 2016, schedule 5.

sch 2 def industrial instrument ins 2007 No. 20s 33

amd 2016 No. 63s 1157sch 6

insolvent under administration ...

sch 2 def insolvent under administration ins 2005 No. 6s 11(1)

om 2016 No. 56s 33(1)

major sport event, for part 3B, see section 30AL.

sch 2 def major sport event ins 2016 No. 56s 33(2)

major sports facility means a facility declared under section 4 to be a major sports facility.

major sports facility event means a national or international sport, recreational or entertainment event, or special event, staged at a major sports facility.

sch 2 def major sports facility event ins 2006 No. 53s 7

national or international, sport event, includes, for example—

(a)a sport event that is organised at a national or international level or by a national or international body; and

(b)a sport event between a team representing 1 State or country and a team representing another State or country; and

Example—

the rugby league ‘State of Origin’ series

(c)a sport event between a team representing a State, or a part of a State, and a team representing another country, or a part of another country.

Examples—

•a game of cricket between a team representing Queensland and a team representing England

•the rugby union ‘Super Rugby’ competition

sch 2 def national or international ins 2006 No. 53s 7

amd 2016 No. 56s 33(3)

non-profit organisation, for part 4A, see section 30B.

sch 2 def non-profit organisation ins 2006 No. 53s 7

official traffic sign has the meaning given by the Transport Operations (Road Use Management) Act 1995.

sch 2 def official traffic sign ins 2005 No. 6s 11(1)

organiser, of a major sports facility event, means the entity that—

(a)is responsible for organising the event; and

(b)will receive revenue from the sale of tickets to the event.

sch 2 def organiser ins 2006 No. 53s 7

original ticket price, for part 4A, see section 30B.

sch 2 def original ticket price ins 2006 No. 53s 7

owner, of a vehicle, includes the person registered as the owner of the vehicle under—

(a)the Transport Operations (Road Use Management) Act 1995; or

(b)the corresponding law of another State or a Territory.

sch 2 def owner ins 2005 No. 6s 11(1)

Planning Act means the Planning Act 2016.

sch 2 def Planning Act ins 2016 No. 27s 325(1)

prescribed event, for part 4B, see section 30D.

sch 2 def prescribed event ins 2016 No. 56s 33(2)

public sale forum, for part 4A, see section 30B.

sch 2 def public sale forum ins 2006 No. 53s 7

regulatory notice see schedule 1, section 7.

sch 2 def regulatory notice ins 2005 No. 6s 11(1)

relevant development approval see section 30AL.

sch 2 def relevant development approval ins 2016 No. 56s 33(2)

relevant development approval condition see section 30AL.

sch 2 def relevant development approval condition ins 2016 No. 56s 33(2)

resell, for part 4A, see section 30B.

sch 2 def resell ins 2006 No. 53s 7

restricted advertising event, for part 4B, see section 30D.

sch 2 def restricted advertising event ins 2016 No. 56s 33(2)

restricted advertising period, for part 4B, see section 30D.

sch 2 def restricted advertising period ins 2016 No. 56s 33(2)

sell, for part 4A, see section 30B.

sch 2 def sell ins 2006 No. 53s 7

special event—

1Special event means—

(a)a major concert; or

(b)a public assembly; or

(c)a religious event.

2Special event includes any rehearsal, sound and light testing and other ancillary activities necessary and incidental to an event mentioned in item 1.

sch 2 def special event ins 2006 No. 14s 7

spent conviction ...

sch 2 def spent conviction ins 2022 No. 26s 11

om 2023 No. 23s 247sch 1s 4

ticket, for part 4A, see section 30B.

sch 2 def ticket ins 2006 No. 53s 7

use, for section 30A, includes—

(a)use within the meaning of the Planning Act; and

(b)the carrying out of building work, within the meaning of the Planning Act, necessary for a special event.

sch 2 def use ins 2006 No. 14s 7

amd 2009 No. 36s 872sch 2; 2016 No. 27s 325(2)

vehicle has the meaning given by the Transport Operations (Road Use Management) Act 1995.

sch 2 def vehicle ins 2005 No. 6s 11(1)

work performance arrangement ...

sch 2 def work performance arrangement ins 2007 No. 20s 33

om 2016 No. 56s 33(1)

sch 2 (prev sch) renum 2005 No. 6s 11(2)