Western Australia
Major Events (Aerial Advertising) Act 2009
CONTENTS
Part 1 — Preliminary
1.Short title1
2.Commencement1
Notes
Compilation table2
Provisions that have not come into operation2
Western Australia
Major Events (Aerial Advertising) Act 2009
The Parliament of Western Australia enacts as follows:
This is the Major Events (Aerial Advertising) Act 2009.
This Act comes into operation as follows —
(a)sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
[3.Has not come into operation 2.]
[Parts 2-4 have not come into operation 2.]
1This is a compilation of the Major Events (Aerial Advertising) Act 2009. The following table contains information about that Act.
|
Short title |
Number and year |
Assent |
Commencement |
|
Major Events (Aerial Advertising) Act 2009 s. 1 and 2 |
20 of 2009 |
21 Sep 2009 |
21 Sep 2009 (see s. 2(a)) |
1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.
Provisions that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|
Major Events (Aerial Advertising) Act 2009 s. 3 and Pt. 2-4 |
20 of 2009 |
21 Sep 2009 |
To be proclaimed (see s. 2(b)) |
2On the date as at which this compilation was prepared, the Major Events (Aerial Advertising) Act 2009 s. 3 and Pt. 2-4 had not come into operation. They read as follows:
In this Act —
advertising means bringing to the attention of the public or a section of the public —
(a)the availability of goods or services; or
(b)the name of a brand of goods or services or a person who provides goods or services;
aerial advertising includes —
(a)advertising by skywriting or sign‑writing by an aircraft; or
(b)advertising on a banner or other sign towed by or attached to an aircraft; or
(c)advertising on an aircraft, other than its normal markings or livery identifying the manufacturer of that aircraft; or
(d)advertising on —
(i)a hang glider, parachute, paraglider or similar device, other than its normal markings; or
(ii)a banner or sign attached to a hang glider, parachute, paraglider or similar device;
or
(e)advertising on a banner or sign attached to a person suspended from a hang glider, parachute, paraglider or similar device; or
(f)a laser or digital projection of an advertisement into the sky;
aircraft includes an airship, a blimp, a hot‑air balloon, a helicopter or an ultra‑light aircraft;
CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of this Act;
event order means an order made under section 5 as amended by any variation order;
event organiser, in relation to an event specified in an event order, means the person or body specified in the order as the organiser of the event;
officer, in relation to a body corporate, has the meaning given to “officer” of a corporation in the Corporations Act 2001 (Commonwealth) section 9 but does not include an employee of the body corporate unless the employee is concerned in the management of the body corporate;
specified event means an event specified in an event order;
specified time, in relation to an event specified in an event order, means the starting time and the finishing time in respect of each day of the event;
specified venue means the place specified in an event order at which an event is to be conducted;
variation order means an order made under section 8.
4.Application for event order or variation of an event order
An application for an event order or to vary an event order is to be —
(a)in writing; and
(b)made in a manner and form approved in writing by the CEO; and
(c)accompanied by the application fee, if any, prescribed.
(1)On an application under section 4, the Minister may, by order published in the Gazette, declare an event specified in the order to be an event for the purposes of this Act.
(2)Before making an order, the Minister —
(a)must be satisfied that —
(i)the event is a major event at the international or national level; and
(ii)the event has commercial arrangements that are likely to be adversely affected by unauthorised aerial advertising; and
(iii)the operations of the event are likely to be adversely affected by aerial advertising that is not authorised by the event organiser;
and
(b)must have regard to —
(i)the number of people who might attend the event; and
(ii)the likely media coverage of the event; and
(iii)the projected economic benefit of the event to the State; and
(iv)the contribution to the State’s national and international profile as a host of major events.
(3)An event order must specify —
(a)the day or days on which the event is to be conducted; and
(b)the place at which the event is to be conducted; and
(c)the starting time and the finishing time in respect of each day of the event; and
(d)the organiser for the event; and
(e)the manner in which the event organiser must publicise that the event is covered by the event order; and
(f)any conditions to which the order is subject.
(4)Failure to publicise that an event is covered by the event order in accordance with subsection (3)(e) does not render the event order void.
6.Notice of decision to be given
If the Minister decides to refuse to declare an event to be an event for the purposes of this Act, he or she is to —
(a)record the grounds on which the decision was based; and
(b)record the reasons for the decision; and
(c)as soon as is practicable, but in any case not later than 30 days after making the decision, give written notice of the decision, together with those grounds and reasons, to the person who made the application for the declaration under section 4.
A person who is aggrieved by a decision referred to in section 6 may apply to the State Administrative Tribunal for a review of the decision.
(1)The Minister may, by order published in the Gazette, change any of the following —
(a)the specified venue in relation to a specified event;
(b)the specified time in relation to a specified event;
(c)the event organiser in relation to a specified event.
(2)A variation order must specify whether the change specified in the order is ongoing or, if the change is for a limited period, the period during which the change applies.
(3)A variation order that changes a specified venue in relation to a specified event must state the new venue in relation to the specified event.
(4)A variation order that changes the specified time in relation to a specified event must state the new specified time in relation to each day of the specified event.
(5)A variation order that changes the event organiser in relation to a specified event must state the new event organiser in relation to the specified event.
An event order or a variation order takes effect —
(a)on the day of its publication in the Gazette; or
(b)if a later day is specified in the order, on that day.
10.Refund of fee for application for an event order
(1)The Minister, after taking into account the economic benefit to the State of an event in relation to which an event order has been made, may waive the fee payable under section 4(c) or direct that the whole or a specified part of a fee paid under section 4(c) be refunded to the applicant for the order.
(2)Subsection (1) applies in relation to an application for an event order made on or after 1 July 2011.
11.Offence to display unauthorised aerial advertising
(1)A person must not display aerial advertising, or cause aerial advertising to be displayed, within sight of a specified venue during the specified time in relation to a specified event being conducted at the venue unless the display is in accordance with —
(a)a written authorisation of the event organiser to display, or cause, aerial advertising to be displayed at the event; or
(b)a condition specified under section 5(3)(f); or
(c)an event order for another specified event at another specified venue.
Penalty: a fine of $250 000.
(2)Subsection (1) does not apply to a person who flies an aircraft within sight of a specified venue during the specified time in relation to a specified event being conducted at the venue —
(a)in an emergency; or
(b)if the aircraft is used for, or in, the provision of emergency services.
(3)Proceedings for a contravention of subsection (1) are to be dealt with by a court constituted by a magistrate.
12.Injunctions to restrain conduct
(1)The Minister or an event organiser may apply to the Supreme Court for the grant of an injunction restraining a person from engaging in conduct that constitutes —
(a)a contravention of section 11; or
(b)attempting or conspiring to contravene section 11; or
(c)aiding, abetting, counselling or procuring a person to contravene section 11; or
(d)inducing or attempting to induce a person, whether by threats, promises or otherwise, to contravene section 11; or
(e)being in any way directly or indirectly, knowingly concerned in, or party to, the contravention by a person of section 11.
(2)On an application under subsection (1), the Court may grant an injunction restraining a person from engaging in conduct of the kind mentioned in subsection (1)(a) to (e) —
(a)if the Court is satisfied that the person is engaging in, or has been engaging in, conduct of that kind, whether or not it appears to the Court that the person intends to engage in the conduct again or to continue to engage in the conduct; or
(b)if it appears to the Court that, in the event that the injunction is not granted, it is likely that the person will engage in conduct of that kind, whether or not that person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the first‑mentioned person engages in conduct of that kind; or
(c)if the Court considers it to be appropriate, by consent of all the parties to the proceeding, whether or not the person has engaged in, or is likely to engage in, conduct of that kind.
(3)Pending the determination of an application under this section, the Court may grant an interim injunction if, in the opinion of the Court, it is desirable to do so —
(a)whether or not it appears to the Court that the person intends to engage in or continue to engage in conduct of the kind mentioned in subsection (1)(a) to (e); or
(b)whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the first‑mentioned person engages in conduct of that kind.
13.Power to rescind or vary injunctions
The Supreme Court may rescind or vary an injunction granted under section 12(2).
(1)If any person suffers any loss, injury or damage because of a contravention of section 11, the person may recover the amount of the loss, injury or damage, or damages in respect of the loss, injury or damage, by proceeding against one or more of the following —
(a)a person who has aided, abetted, counselled or procured the contravention;
(b)a person who has induced, whether by threats or promises or otherwise, the contravention;
(c)a person who has been in any way, directly or indirectly, knowingly concerned in, or a party to, the contravention;
(d)a person who has conspired with others to effect the contravention.
(2)Without limiting the powers of the court under subsection (1), an order made by the court under this section may include the recovery of future losses as a result of the potential loss of sponsorship of an event.
(3)A proceeding under this section may be brought in any court of competent jurisdiction.
(4)A proceeding under subsection (1) must not be commenced more than 3 years after the date on which the cause of action accrued.
(5)A court may make an order under this section whether or not an injunction is granted under section 12(2).
(1)Proceedings for an offence under this Act may be brought by —
(a)the CEO; or
(b)a person authorised in writing by the CEO for the purposes of this section.
(2)In proceedings for an offence under this Act it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceedings was authorised to bring the proceedings.
16.Liability of certain officers of body corporate: offences
(1)If a body corporate is charged with an offence under this Act, every person who was an officer of the body corporate at the time of the alleged offence may also be charged with the offence.
(2)If a body corporate and an officer are charged as permitted by subsection (1) and the body corporate is convicted of the offence, the officer is to be taken to have also committed the offence, subject to subsection (5).
(3)If a body corporate commits an offence under this Act, then, although the body corporate is not charged with the offence, every person who was an officer of the body corporate at the time the offence was committed may be charged with the offence.
(4)If an officer is charged as permitted by subsection (3) and it is proved that the body corporate committed the offence, the officer is to be taken to have also committed the offence, subject to subsection (5).
(5)If under this section an officer is charged with an offence it is a defence to prove —
(a)that the offence was committed without the officer’s consent or connivance; and
(b)that the officer took all the measures to prevent the commission of the offence that he or she could reasonably be expected to have taken having regard to the officer’s functions and to all the circumstances.
The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.