South Australian Legislation
South Australia Major Events Act 2013 An Act to facilitate the holding and conduct of major events in South Australia; and for other purposes.
Contents Part 1—Preliminary 1 Short title 3 Objects 4 Interpretation 5 Meaning of major event venue 6 Meaning of ambush marketing Part 2—Declaration of major events 6A Declaration of major events 6B Declaration of major event by Minister 7 Declaration of major event by regulation Part 3—Commercial activities, broadcasting and airspace controls Division 1—Regulation of certain commercial activities 8 Sale and distribution of prescribed articles 10 Ambush marketing Division 2—Regulation of broadcasting 11 Unauthorised broadcasting Division 3—Control of airspace 12 Control of airspace 13 Prohibition of certain aerial advertising Division 4—Use of official logos and official titles 14 Minister may declare official logo or official title 15 Event organiser may authorise use of official logo or official title 16 Minister may authorise non-commercial use of official logo or official title 17 Contents of authorisation 18 Register of authorisations 19 Use of official logos and official titles that does not require authorisation 20 Offence to use without authorisation official logos or official titles Part 4—Miscellaneous 21 Entry to and exit from major event venue 22 Possession of flares and explosive devices at major event venue 23 Obstruction or interference at major event 24 Entering restricted areas at major event venue 25 Power to remove persons from major event venue 26 Powers of authorised persons at major event venues 27 Forfeiture etc of seized items and goods 28 Regulations Legislative history
The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Major Events Act 2013. 3—Objects The objects of this Act are as follows: (a) to attract, support and facilitate the holding and conduct of major events in the State, in particular, events that are anticipated to be of a large scale with a significant number of participants or spectators (whether of a sporting, cultural or other nature); (b) to increase the benefits flowing from major events to the people of the State; (c) to promote the safety and enjoyment of participants and spectators at major events; (d) to prevent unauthorised commercial exploitation of major events, including ambush marketing, at the expense of event organisers and sponsors. 4—Interpretation (1) In this Act, unless the contrary intention appears— advertising controlled airspace—see sections 6B(1) and 7(3); ambush marketing—see section 6; controlled area—see sections 6B(1) and 7(3); council has the same meaning as in the Local Government Act 1999; declaration, of a major event, means a declaration under Part 2— (a) made by the Minister by notice in the Gazette under section 6B; or (b) made by the Governor by regulation under section 7; event organiser for a major event means a person designated in the declaration relating to the event as the organiser for the event; major event means an event declared by a declaration under Part 2 to be a major event; major event period, for a major event, means the period specified in the declaration relating to the event as the period during which the declaration is in force; major event venue—see section 5; official insignia means an official logo, official symbol or official title; official logo means a logo that is declared to be an official logo under Part 3 Division 4; official symbol means a combination of an official logo and an official title; official title means a name, title or expression that is declared to be an official title under Part 3 Division 4; prescribed article—see sections 6B(1) and 7(3); public place means— (a) a place that— (i) the public is entitled to use; or (ii) is open to members of the public; or (iii) is used by the public, whether or not on payment of money; or (b) a place that the occupier allows members of the public to enter, whether or not on payment of money; road has the same meaning as in the Road Traffic Act 1961; road‑related area has the same meaning as in the Road Traffic Act 1961; sales control period—see sections 6B(1) and 7(3). (2) For the purposes of this Act, goods will be taken to be marked with official insignia if such insignia are affixed or annexed to, marked on, or incorporated in or with— (a) the goods; or (b) any covering or container in which the goods are wholly or partly enclosed; or (c) anything placed in or attached to any such covering or container; or (d) anything that is attached to the goods or around which the goods are wrapped or wound. 5—Meaning of major event venue For the purposes of this Act, a major event venue is— (a) any of the following that is, in the declaration of a major event under Part 2, declared to be a major event venue: (i) a venue or facility used for the conduct of the event (including ancillary, service or related areas used in connection with such a venue or facility); (ii) a media centre or other communications facility for the media for the event; (iii) physical infrastructure associated with the event; and (b) a public place, or any part of a public place, that is within 50 metres of a major event venue, being a public place, or part of a public place, specified in the declaration for the purposes of this paragraph; and (c) any other place specified in the declaration for the purposes of this definition, but is only such a venue during the relevant declared period. 6—Meaning of ambush marketing For the purposes of this Act, the following marketing activities constitute ambush marketing: (a) taking advantage of the holding and conduct of a major event to promote a person, goods or services without the written approval of the event organiser; (b) any other activity that would suggest to a reasonable person that a person, goods or services have a sponsorship, approval or affiliation with— (i) a major event; or (ii) the event organiser of a major event; or (iii) any event or activity associated with a major event, without the written approval of the event organiser.
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