Western Australia: Major Events Act 2023 (WA)

Western Australia Major Events Act 2023 Western Australia Major Events Act 2023 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Objects 1 4. Terms used 1 5. Act binds Crown 1 Part 2 — Establishing a major event Division 1 — Power to make regulations establishing major event 6. Prescription of major event and other key matters 1 7. Specification of major event organiser 1 8. Specification of major event area 1 9. Specification of major event period 1 10. Specification of responsible authority 1 11. Specification of controlled area and control period 1 Division 2 — Criteria for establishing major event 12. Criteria for recommending event be prescribed as major event 1 13. Minister must consult before recommending section 6 regulations 1 Division 3 — Suspension or modification of other legislation 14. Power to suspend or modify legislation in Schedule 1 1 15. Criteria for suspending or modifying legislation 1 Part 3 — Temporary works for major events 16. Provisions apply only if section 6 regulations specify that they apply 1 17. Minister may authorise temporary works for purposes of major event 1 18. Conditions and duration of temporary works approval 1 19. Authority conferred by temporary works approval 1 20. Development approval not required 1 21. Power to move unattended vehicles or vessels 1 22. Land must be restored to pre‑works condition 1 Part 4 — Management of roads, waters and traffic 23. Provisions apply only if section 6 regulations specify that they apply 1 24. Traffic and transport management plan must be prepared 1 25. Consultation regarding proposed traffic and transport management plan 1 26. Road closures for major event 1 27. Effect of road closure on traffic laws 1 28. Closures of waters for major event 1 29. Establishment of major event lanes 1 30. Transport CEO must give notice of major event lanes 1 31. Major event lane permits 1 32. Unauthorised use of major event lane 1 33. Authorised officers may stop vehicles in major event lane 1 34. Authorised officers may inspect and verify permits 1 35. Leaving vehicles or vessels in major event area 1 36. Authorised officers may move vehicles or vessels 1 Part 5 — Safety and crowd management Division 1 — Application of Part 37. Provisions apply only if section 6 regulations specify that they apply 1 Division 2 — Entry to and movement in major event area 38. Designated entries and exits must be used 1 39. Entry fee must be paid 1 40. Occupant's pass 1 41. Entry to playing field or competition or performance area 1 42. Entry to restricted area 1 43. Bringing vehicles into major event area 1 Division 3 — Conduct in and over major event area 44. Possession of prohibited items 1 45. Endangering others or disrupting a major event 1 46. Obstructing performers or participants 1 47. Possession and consumption of liquor 1 48. Control of airspace 1 49. Other prohibited conduct 1 Division 4 — Enforcement powers 50. Searches and inspection on entry 1 51. Power to request surrender of prohibited items and liquor 1 52. Power to request ticket or other evidence be produced 1 53. Power to refuse unauthorised entry 1 54. Searches and inspection inside major event area 1 55. General power relating to conduct of persons 1 56. Power to request personal details 1 57. Direction to leave major event area 1 58. Entry bans 1 59. Taking of photographs 1 Part 6 — Restrictions on commercial activities 60. Provisions apply only if section 6 regulations specify that they apply 1 61. Sale or distribution of things on road and in public places 1 62. Ambush marketing 1 63. Advertising on buildings or structures 1 64. Advertising on vehicles 1 65. Advertising on vessels 1 66. Aerial advertising 1 67. Broadcasting or recording major event 1 Part 7 — Use of official logos or titles 68. Declaration of official logo or official title 1 69. Major event organiser may authorise use of official logo or title 1 70. Unauthorised use of official logo or official title 1 71. Other remedies not affected 1 Part 8 — Authorised officers Division 1 — Application of Part 72. Provisions apply if responsible authority specified for major event 1 Division 2 — Appointment of authorised officers 73. Appointment of authorised officers 1 74. Eligibility for appointment as authorised officer 1 75. Restrictions on functions 1 76. Identity cards 1 Division 3 — Offences 77. Impersonating authorised officer 1 78. Obstruction of authorised officer 1 Part 9 — Ancillary provisions relating to powers of authorised officers Division 1 — Moving vehicles or vessels 79. Application of Division 1 80. Police must be notified if vehicle or vessel is moved 1 81. Movement of vehicle or vessel 1 82. Major event organiser must give notice to collect 1 83. Disclosure of information 1 84. Major event organiser may charge moving fee 1 85. Storage of moved vehicles or vessels 1 86. Release of vehicle or vessel from storage 1 87. Disposal of uncollected vehicles or vessels 1 Division 2 — Seized things 88. Application of Division 1 89. Terms used 1 90. Receipt for seized things 1 91. Seized things must be given to department or returned 1 92. Application of Criminal and Found Property Disposal Act 2006 1 93. Compensation for seizure 1 Division 3 — Surrendered things 94. Application of Division 1 95. Terms used 1 96. Storage and collection of surrendered things 1 97. Firearms, explosives and other weapons 1 Part 10 — Miscellaneous 98. Police officer may exercise powers of authorised officers 1 99. Police powers to seize and examine things 1 100. Court may order forfeiture, destruction and disposal of things 1 101. Directions to major event organiser 1 102. Major event organiser may be required to erect signs 1 103. No liability in nuisance 1 104. Protection from tortious liability 1 105. Powers and duties of responsible authority 1 106. Delegation by chief executive officers and employing authorities 1 107. Regulations 1 108. Review of Act 1 Part 11 — Transitional provision 109. Consultation undertaken before commencement day 1 Part 12 — Amendments to other Acts 110. Health (Miscellaneous Provisions) Act 1911 amended 1 175A. Chief Health Officer may act in relation to major event 1 111. Major Events (Aerial Advertising) Act 2009 amended 1 112. Public Order in Streets Act 1984 amended 1 113. Unclaimed Money Act 1990 amended 1 Schedule 1 — Legislation that may be suspended or modified in relation to a major event Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Major Events Act 2023 An Act — * to facilitate and regulate the holding and conduct of major events in Western Australia; and * to make consequential and related amendments to other Acts; and * for related purposes. Part 1 — Preliminary 1. Short title This is the Major Events Act 2023. 2. Commencement This Act comes into operation as follows — (a) Part 1 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on the day after that day. 3. Objects The objects of this Act are as follows — (a) to attract, support and retain major events in the State; (b) to deliver economic and social benefits to the State by making the State a more attractive and competitive destination for major events; (c) to facilitate the safe and orderly running of major events; (d) to promote the enjoyment of participants and spectators of major events; (e) to protect, in an appropriate manner, the commercial interests of major event organisers who hold major events in the State. 4. Terms used In this Act — aerial advertising has the meaning given in the Major Events (Aerial Advertising) Act 2009 section 3; affiliate, of a major event, means a person, service or thing that — (a) is a sponsor of or is otherwise commercially affiliated with the major event; or (b) has been approved by the major event organiser; authorised officer means a person appointed as an authorised officer under section 73(1); Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892 section 5; controlled area, in relation to a major event, means an area specified in section 6 regulations as a controlled area for the major event; controlled weapon has the meaning given in the Weapons Act 1999 section 3; control period, in relation to a major event, means a period specified in section 6 regulations as a control period for the major event; department means the department of the Public Service principally assisting in the administration of this Act or the provision of this Act in which the term is used; direction to leave has the meaning given in section 57(1); drive, in relation to a vehicle, has the meaning given in the Road Traffic (Administration) Act 2008 section 4; edged weapon has the meaning given in the Weapons Act 1999 section 3A; emergency vehicle means a vehicle — (a) when conveying a police officer on official duty or when that vehicle is stationary at any place connected with the official duty; or (b) of a fire brigade on official duty in consequence of a fire or an alarm of fire or of an emergency or rescue operation where human life is reasonably considered to be in danger; or (c) being an ambulance, answering an urgent call or conveying any injured or sick person to any place for the provision of urgent treatment; or (d) being used to obtain or convey blood or other supplies, drugs or equipment for a person urgently requiring treatment and authorised to carry a siren or bell for use as a warning instrument; or (e) authorised as an emergency vehicle for the purposes of this Act by the Transport CEO; emergency vessel means a vessel — (a) when conveying a police officer on official duty or when that vessel is stationary at any place connected with the official duty; or (b) being used for the provision of emergency services; or (c) authorised as an emergency vessel for the purposes of this Act by the Maritime CEO; employing authority, in relation to a State agency or public service officer, has the meaning given in the Public Sector Management Act 1994 section 5; entry ban has the meaning given in section 58(1); explosive means a substance or article that is controlled as an explosive under the Dangerous Goods Safety Act 2004; firearm has the meaning given in the Firearms Act 1973 section 4; inspect, in relation to a thing, includes the following — (a) handle, open and examine the thing or any of its contents; (b) give the thing, or any of its contents, a security scan; liquor has the meaning given in the Liquor Control Act 1988 section 3(1); local government CEO, in relation to a local government or local government employee, means the chief executive officer of the local government; local government employee means an employee as defined in the Local Government Act 1995 section 1.4; logo includes a symbol or other design; major event — (a) means an event prescribed as a major event in section 6 regulations; and (b) includes any other event or activity directly associated with the event prescribed as a major event; major event area, in relation to a major event, means an area specified in section 6 regulations as a major event area for the major event; major event lane means a marked lane, or the part of a marked lane, of a road — (a) beginning at a "major event lane" sign prescribed by the regulations for the purposes of section 29(2)(a); and (b) ending at an "end major event lane" sign prescribed by the regulations for the purposes of section 29(2)(b); major event lane notice has the meaning given in section 30(1); major event lane permit has the meaning given in section 31(1); major event organiser, in relation to a major event, means a person specified in section 6 regulations as the major event organiser for the major event; major event period, in relation to a major event, means the period specified in section 6 regulations as the major event period for the major event; Maritime CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of the Western Australian Marine Act 1982; moving fee has the meaning given in section 84(1); notice to collect has the meaning given in section 82(1); occupant's pass has the meaning given in section 40(1); occupier, in relation to land, means a person who, in exercise of a right of possession, is in actual occupation of the land; official logo, in relation to a major event, means an official logo for the major event declared by a regulation under section 68(1)(a); official title, in relation to a major event, means an official title for the major event declared by a regulation under section 68(1)(b); owner — (a) in relation to a vehicle, has the meaning given in the Road Traffic (Administration) Act 2008 section 5; and (b) in relation to a vessel, has the meaning given in the Western Australian Marine Act 1982 section 3(1); personal details, in relation to a person, means — (a) the person's full name; and (b) the address where the person usually resides; place includes land, premises, a vehicle, vessel, aircraft or train, or a part of land, premises, a vehicle, vessel, aircraft or train; prohibited item means a thing that a person is prohibited under section 44(1) from having in the person's possession in a major event area; prohibited weapon has the meaning given in the Weapons Act 1999 section 3; public place means a place to which the public, or any section of the public, has or is permitted to have access, whether on payment or otherwise; reasonably suspects has the meaning given in the Criminal Investigation Act 2006 section 4; responsible authority, in relation to a major event, means a person, State agency or local government specified in section 6 regulations as a responsible authority for the major event; road has the meaning given in the Road Traffic (Administration) Act 2008 section 4; road closure means a road closure effected under section 26(1); section 6 regulations, in relation to a major event, means regulations relating to the major event that are made for the purposes of section 6; section 14 regulations, in relation to a major event, means regulations relating to the major event that are made for the purposes of section 14; security scan means a scan with an electronic or mechanical device, whether hand‑held or not, to detect any thing; sell, in relation to liquor, has the meaning given in the Liquor Control Act 1988 section 3(1); State agency means — (a) an agency as defined in the Public Sector Management Act 1994 section 3(1); or (b) a non‑SES organisation as defined in the Public Sector Management Act 1994 section 3(1); State land means land of the Crown in right of Western Australia, whether or not designated for any public purpose, other than the following — (a) land that the Crown has lawfully agreed to alienate; (b) land occupied by the Crown under a lease or licence; (c) land occupied under a lease or licence lawfully granted by the Crown; (d) a WA event venue; temporary works include — (a) the erection or construction of any temporary building or structure; and (b) the temporary alteration of any building or structure; temporary works approval means an approval granted by the Minister under section 17(1); traffic and transport management plan means the plan referred to in section 24(1); Transport CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of the Road Traffic (Administration) Act 2008; vehicle has the meaning given in the Road Traffic (Administration) Act 2008 section 4; vessel has the meaning given in the Western Australian Marine Act 1982 section 3(1); WA event venue means — (a) the Centre as defined in the Western Australian Sports Centre Trust Act 1986 section 3; or (b) a Trust venue as defined in the Arts and Culture Trust Act 2021 section 3; WA event venue controller means — (a) in relation to the Centre as defined in the Western Australian Sports Centre Trust Act 1986 section 3, the Western Australian Sports Centre Trust; or (b) in relation to a Trust venue as defined in the Arts and Culture Trust Act 2021 section 3, the Arts and Culture Trust; weapon has the meaning given in the Weapons Act 1999 section 3. [Section 4 amended: No. 33 of 2024 s. 32.] 5. Act binds Crown This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. Part 2 — Establishing a major event Division 1 — Power to make regulations establishing major event 6. Prescription of major event and other key matters (1) The regulations may prescribe any event of a sporting, cultural or other nature as a major event. (2) The regulations must specify the following in relation to the major event — (a) the major event organiser; (b) a major event area; (c) the major event period; (d) the provisions of Parts 3 and 4 (if any) that apply to the major event; (e) the provisions of Parts 5 and 6 (if any) that apply to the major event, and the area to which and period during which, those provisions apply. (3) The regulations may specify a responsible authority for the major event. (4) The regulations may specify the following in relation to the major event — (a) a controlled area for the major event; (b) the control period; (c) the provisions of Part 6 (if any) that apply to a controlled area and the period during which those provisions apply. (5) Regulations referred to in subsection (2)(e) may specify — (a) that a provision of Part 5 or 6 applies to a major event area or any part of a major event area; and (b) that a provision of Part 5 or 6 applies during the major event period or any part of the major event period. (6) Regulations referred to in subsection (4)(c) may specify — (a) that a provision of Part 6 applies to a controlled area or any part of a controlled area; and (b) that a provision of Part 6 applies during the control period or any part of the control period. 7. Specification of major event organiser Section 6 regulations may specify 1 or more persons as the major event organiser. 8. Specification of major event area (1) Section 6 regulations may specify 1 or more areas in which a major event is to take place as a major event area. (2) An area specified as a major event area may also include the following — (a) a place to be associated with the major event, including — (i) a public place where the event is shown on a screen for public viewing; and (ii) a place set aside for the media to cover the event; (b) infrastructure to be used for the major event, including any road to be used for the event; (c) a place near a place or infrastructure mentioned in paragraph (a) or (b). (3) A major event area may be specified by a land description or by reference to a map held by the chief executive officer of the department, or both. (4) If a major event area is specified by reference to a map held by the chief executive officer of the department, section 6 regulations must include for information purposes a map depicting the major event area. 9. Specification of major event period (1) Section 6 regulations may specify all or any part of the period in which a major event is to take place as the major event period. (2) The period specified as the major event period may also include the following — (a) a reasonable period before the major event takes place in order to prepare for the major event; (b) a reasonable period after the major event takes place in order to restore a major event area or any other land to the condition it was in before the major event took place or any works done in connection with the major event were carried out. 10. Specification of responsible authority Section 6 regulations may specify 1 or more of the following as a responsible authority for the major event — (a) the major event organiser; (b) a State agency; (c) a local government. 11. Specification of controlled area and control period (1) Section 6 regulations may specify — (a) 1 or more areas that are near a major event area as a controlled area; and (b) the major event period, or a shorter period, as a control period. (2) A controlled area may be specified by reference to a land description or by reference to a map held by the chief executive officer of the department, or both. (3) If a controlled area is specified by reference to a map held by the chief executive officer of the department, section 6 regulations must include for information purposes a map depicting the controlled area. Division 2 — Criteria for establishing major event 12. Criteria for recommending event be prescribed as major event (1) The Minister may recommend the making of regulations that prescribe an event as a major event for the purposes of section 6(1) only if the Minister confirms in writing that the Minister is of the opinion that — (a) the event to be prescribed is a large event of State, national or international significance; and (b) it is in the public interest for the event to be prescribed as a major event. (2) Without limiting the matters that the Minister may have regard to in deciding whether to recommend that an event be prescribed as a major event, the Minister may have regard to the following — (a) the size of the event; (b) the prestige or reputation of the event; (c) the number of people that are likely to attend the event; (d) the likely extent of media coverage of the event; (e) the likely social and economic benefits that hosting the event will confer on the State; (f) whether the event is sponsored or otherwise supported by the State; (g) the likely contribution that the event will make to the State's national or international reputation as a host of major events. 13. Minister must consult before recommending section 6 regulations (1) Before recommending the making of any section 6 regulations, the Minister must consult about the proposed regulations with the following — (a) the Minister administering the Criminal Investigation Act 2006; (b) the Minister administering the Heritage Act 2018; (c) the Minister administering the Planning and Development Act 2005; (d) the Minister administering the Public Health Act 2016; (e) the Minister administering the Road Traffic (Administration) Act 2008; (f) if any navigable waters are within or proposed to be within a major event area — the Minister administering the Western Australian Marine Act 1982; (g) if a major event area includes or is proposed to include any part of a region as defined in the Regional Development Commissions Act 1993 section 3(1) — the Minister administering that Act; (h) each local government that has located within its district all or part of a major event area or proposed major event area; (i) if a major event area includes or is proposed to include a WA event venue — the WA event venue controller; (j) if a State agency is or is proposed to be a responsible authority for the major event — the Minister who is responsible for the State agency or to whom the administration of the Act under which the State agency is constituted or continued is committed; (k) if a local government is or is proposed to be a responsible authority for the major event — the local government. (2) The Minister may also consult with any other person about the proposal. (3) This section extends to regulations that amend section 6 regulations. (4) However, this section does not apply to regulations that amend section 6 regulations if the Minister confirms in writing that in the Minister's opinion — (a) the amendment is a minor amendment; or (b) the amendment is required as a matter of urgency. (5) This section does not apply to regulations that revoke the prescription of an event as a major event. Division 3 — Suspension or modification of other legislation 14. Power to suspend or modify legislation in Schedule 1 (1) The regulations may suspend or modify the operation of an Act referred to in Schedule 1, or any subsidiary legislation under an Act referred to in that Schedule, in respect of the following — (a) a use of land in a major event area for the purposes of a major event; (b) any development or activities carried out in a major event area for the purposes of a major event (including any works or activities authorised by a temporary works approval); (c) a major event area, or any part of a major event area, during the major event period or any part of the major event period. (2) A power to suspend the operation of an Act or subsidiary legislation is a power to specify that the Act or subsidiary legislation, or any provision of the Act or subsidiary legislation, does not apply in respect of a matter or thing referred to in subsection (1)(a), (b) or (c). (3) A power to modify the operation of an Act or subsidiary legislation is a power to specify that the Act or subsidiary legislation, or any provision of the Act or subsidiary legislation, applies in respect of a matter or thing referred to in subsection (1)(a), (b) or (c) with the modifications specified in the regulations. (4) If Schedule 1 specifies particular provisions of an Act, a power to suspend or modify the Act or subsidiary legislation under the Act is limited to — (a) the specified provisions of the Act and provisions that affect the operation of those specified provisions, such as definitions; and (b) any subsidiary legislation under the Act relating to those specified provisions. (5) If Schedule 1 specifies a particular subject‑matter in relation to an Act, a power to suspend or modify the Act or subsidiary legislation under the Act is limited to — (a) provisions of the Act that relate to that subject‑matter; and (b) any subsidiary legislation under the Act relating to that subject‑matter. 15. Criteria for suspending or modifying legislation (1) The Minister may recommend the making of section 14 regulations that suspend or modify the operation of an Act or any subsidiary legislation under an Act only if the Minister confirms in writing that — (a) in the Minister's opinion the suspension or modification — (i) is in the public interest; and (ii) is necessary for the effective preparation for, or management or conduct of, the major event; and (b) the Minister administering the Act concerned has agreed to the suspension or modification. (2) This section extends to regulations that amend section 14 regulations. (3) However, this section does not apply to regulations that revoke a suspension or modification of the operation of an Act or subsidiary legislation. Part 3 — Temporary works for major events 16. Provisions apply only if section 6 regulations specify that they apply A provision of this Part applies in relation to a major event only if section 6 regulations provide that it applies to the major event. 17. Minister may authorise temporary works for purposes of major event (1) The Minister may, by notice (a temporary works approval), authorise a major event organiser to carry out any of the following — (a) temporary works on, over or under land in a major event area for the purposes of the major event; (b) other activities that the major event organiser considers necessary for, or incidental to, the temporary works; (c) maintenance on the temporary works. (2) The Minister must cause the temporary works approval to be published — (a) in a newspaper that circulates in the major event area or generally in the State; and (b) on the department's website. (3) A temporary works approval may be varied or revoked by further notice published in accordance with subsection (2). 18. Conditions and duration of temporary works approval (1) A temporary works approval is subject to the following conditions — (a) any conditions specified in the regulations; (b) any further conditions specified by the Minister in the temporary works approval. (2) A temporary works approval has effect until the end of the major event period for the major event, or any shorter period specified by the Minister in the temporary works approval. (3) A temporary works approval ceases to have effect if it is revoked by the Minister. 19. Authority conferred by temporary works approval (1) A major event organiser may enter land in the major event area and carry out the works or activities authorised by a temporary works approval if — (a) the land is State land; or (b) the owner of the land and the occupier (if any) consent to the works or activities concerned. (2) The major event organiser must comply with any conditions of the temporary works approval. (3) A temporary works approval does not affect the application of any other written law to the works or activities that are the subject of the approval, except as provided by section 20 and any section 14 regulations. 20. Development approval not required (1) In this section — planning Act means — (a) the Planning and Development Act 2005; or (b) the Hope Valley‑Wattleup Redevelopment Act 2000; or (c) the Metropolitan Redevelopment Authority Act 2011; or (d) the Swan and Canning Rivers Management Act 2006; or (e) the Swan Valley Planning Act 2020; planning authority, in relation to land, means a Minister, State agency, local government or person who has power under a planning Act to approve or refuse to approve development on the land. (2) Despite anything to the contrary in a planning Act, the approval of a planning authority under a planning Act, or any permit or other authorisation under a planning Act, is not required for a major event organiser to carry out any works or activities authorised by a temporary works approval. (3) Subsection (2) ceases to have effect at the end of the period in which the temporary works approval has effect or a longer period agreed by the planning authority for the land on which the works or activities are carried out. 21. Power to move unattended vehicles or vessels (1) An authorised officer may move a vehicle or vessel, or authorise another person to move a vehicle or vessel, if the vehicle or vessel is on State land in a major event area and the officer reasonably believes that — (a) the vehicle or vessel is unattended; and (b) it is necessary to move the vehicle or vessel to enable any works or activities authorised by a temporary works approval to be carried out. (2) The vehicle or vessel may be moved — (a) to a public place where it is permitted to leave the vehicle or vessel (without restriction as to time); or (b) to a place where the vehicle or vessel is to be stored. (3) The power conferred by this section must be exercised in accordance with the requirements of the traffic and transport management plan (if any) for the major event. (4) Part 9 Division 1 applies if a vehicle or vessel is moved under this section. (5) This section does not apply in respect of the following — (a) a pram, stroller, wheelchair or other mobility aid; (b) a vehicle or vessel of a class exempted from the application of this section by the regulations. 22. Land must be restored to pre‑works condition (1) In this section — pre‑works condition, in relation to land, means the condition the land was in immediately before works or activities were carried out on the land under a temporary works approval. (2) A major event organiser who carries out works or activities under a temporary works approval must restore the land to a condition that is reasonably comparable to its pre‑works condition by the end of the period in which the approval has effect. (3) If a major event organiser fails to comply with subsection (2), the owner of the land may — (a) carry out any works reasonably necessary to restore the land to a condition that is reasonably comparable to its pre‑works condition; and (b) recover the costs of those works from the major event organiser as a debt in a court of competent jurisdiction. (4) Subsections (2) and (3) are subject to any written agreement between the major event organiser and the owner of the land relating to the works or activities and the restoration of the land concerned. Part 4 — Management of roads, waters and traffic 23. Provisions apply only if section 6 regulations specify that they apply A provision of this Part applies in relation to a major event only if section 6 regulations provide that it applies to the major event. 24. Traffic and transport management plan must be prepared (1) The major event organiser must prepare a traffic and transport management plan for a major event. (2) A traffic and transport management plan must include details of the following — (a) road closures; (b) closures of waters; (c) major event lanes; (d) arrangements for the use of major event lanes, including — (i) arrangements for the issue of major event lane permits; and (ii) the persons who will be permitted to drive a vehicle in a proposed major event lane without displaying a major event lane permit; (e) arrangements for access to major event areas by emergency vehicles and emergency vessels; (f) arrangements to facilitate the safety and movement of pedestrians, cyclists and users of scooters, skateboards and other rideable devices (both manual and electric) in major event areas; (g) arrangements to reduce the impact of the major event on road demand, including any proposed special arrangements for transport services during the major event period; (h) arrangements for the parking or leaving of vehicles, and the mooring, anchoring or leaving of vessels, in major event areas, including — (i) any restrictions proposed by the major event organiser; and (ii) proposed arrangements for the movement and storage of vehicles or vessels under the powers conferred on authorised officers by section 21(1) or 36(1) (if applicable to the major event); (i) arrangements for access to any major event area by residents, workers and business owners and their visitors during the major event period; (j) any other measures for the management of traffic in and around major event areas. (3) A traffic and transport management plan may identify a marked lane, or a part of a marked lane, of a road as a major event lane if the road — (a) is inside a major event area; or (b) provides performers or participants in a major event with access to a major event area from another place. (4) A traffic and transport management plan must permit drivers of emergency vehicles to drive in a major event lane without displaying a major event lane permit. (5) A traffic and transport management plan, or any amendment to it, does not take effect as the traffic and transport management plan for a major event until it is approved in writing by — (a) the Transport CEO; and (b) if the major event area includes any navigable waters — the Maritime CEO. 25. Consultation regarding proposed traffic and transport management plan (1) The major event organiser must consult with the following about a proposed traffic and transport management plan — (a) the Transport CEO; (b) the Commissioner of Police; (c) the Fire and Emergency Services Commissioner (being the chief executive officer of the department of the Public Service principally assisting in the administration of the Fire and Emergency Services Act 1998); (d) the Commissioner of Main Roads holding office under the Main Roads Act 1930; (e) the Public Transport Authority of Western Australia established by the Public Transport Authority Act 2003 section 5; (f) the Maritime CEO; (g) the chief executive officer of the department of the Public Service principally assisting in the administration of the Work Health and Safety Act 2020; (h) if a major event area is in or includes any part of a local government district, or a major event lane is proposed to be located in a local government district — the local government for the local government district. (2) The major event organiser may also consult with other public officials and public authorities when preparing a proposed traffic and transport management plan. (3) This section applies to any proposed amendment to a traffic and transport management plan in the same way as it applies to a proposed traffic and transport management plan. (4) This section does not apply to an amendment to a traffic and transport management plan if — (a) the major event organiser confirms in writing that, in its opinion, the amendment is — (i) a minor amendment; or (ii) required as a matter of urgency; and (b) the amendment is agreed to by — (i) the Transport CEO; and (ii) if the major event area includes any navigable waters — the Maritime CEO. 26. Road closures for major event (1) The major event organiser may close all or part of a road within a major event area to use by any person or vehicle (or both) for all or part of the major event period. (2) A closure under subsection (1) must be effected by the erection of signs, barriers or notices at or near the entrance to the road concerned. (3) The major event organiser must not exercise a power conferred by this section except in accordance with — (a) a traffic and transport management plan for the major event; or (b) the approval of the Transport CEO. (4) The Transport CEO must cause notice of the details of the road closure to be published in the Gazette. (5) A failure to publish a notice under subsection (4) does not invalidate a road closure. (6) A person must not enter, drive a vehicle on or use a road in contravention of a road closure under subsection (1). Penalty for this subsection: a fine of $3 000. (7) A person does not contravene subsection (6) if the person — (a) is acting with the written authorisation of the major event organiser; or (b) has a reasonable excuse. (8) Subsection (6) does not apply — (a) to a police officer while performing the duties of a police officer; or (b) to an emergency vehicle; or (c) to a vehicle of a class exempted from the application of subsection (6) by the regulations. 27. Effect of road closure on traffic laws (1) A road that is subject to a road closure does not cease to be — (a) a public place; or (b) a road for the purposes of the Road Traffic Act 1974 or any other written law. (2) Subsection (1) is subject to any section 14 regulations that suspend or modify the application of a written law in relation to a major event. (3) During the period in which a road closure has effect, a person attending or participating in a major event is not, by reason only of being on or proceeding over a road that is the subject of a road closure, guilty of any offence against the provisions of any other written law regulating the movement of traffic or pedestrians or relating to the obstruction of a street if the person — (a) is acting in compliance with the road closure; and (b) is not obstructing the free passage of any emergency vehicle. (4) Subsection (3) does not authorise a contravention of any direction given by a police officer under the Public Order in Streets Act 1984 section 9A. 28. Closures of waters for major event (1) In this section — waters means any navigable waters — (a) of the territorial sea adjacent to the State; or (b) of the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; or (c) within the limits of the State. (2) The major event organiser may close all or part of any waters within a major event area to use by any person or vessel (or both) for all or part of the major event period. (3) A closure under subsection (2) must be effected by the erection of signs, barriers or notices over, or at or near the entrance to, the waters concerned. (4) The major event organiser must not exercise a power conferred by this section except in accordance with — (a) a traffic and transport management plan for the major event; or (b) the approval of the Maritime CEO. (5) The Maritime CEO must cause notice of the details of the closure of waters to be published in the Gazette. (6) A failure to publish a notice under subsection (5) does not invalidate a closure of waters. (7) A person must not enter, or navigate a vessel in, waters in contravention of a closure of waters under subsection (2). Penalty for this subsection: a fine of $3 000. (8) A person does not contravene subsection (7) if the person — (a) is acting with the written authorisation of the major event organiser; or (b) has a reasonable excuse. (9) Subsection (7) does not apply — (a) to a police officer while performing the duties of a police officer; or (b) to an emergency vessel; or (c) to a vessel of a class exempted from the application of subsection (7) by the regulations. 29. Establishment of major event lanes (1) A marked lane, or a part of a marked lane, of a road may be established as a major event lane for all or part of the major event period if it is identified as a major event lane in the traffic and transport management plan for a major event. (2) The regulations may prescribe the form of the following signs that must be used to establish a major event lane — (a) a "major event lane" sign to designate the beginning of a major event lane; (b) an "end major event lane" sign to designate the end of a major event lane. (3) A sign prescribed for the purposes of subsection (2)(a) or (b) is taken to be a road sign under the Road Traffic Act 1974 and that Act applies to the erection, establishment and display of road signs, or of road markings or other devices, in connection with the establishment of a major event lane. 30. Transport CEO must give notice of major event lanes (1) The Transport CEO must cause a notice (a major event lane notice) of the establishment of a major event lane to be published in the Gazette. (2) The major event lane notice must specify the following — (a) the major event for which the major event lane is established; (b) the location of the major event lane; (c) the period for which the major event lane has effect; (d) the drivers who are permitted to drive a vehicle in the major event lane during that period, being — (i) drivers of vehicles that display a major event lane permit; and (ii) drivers of emergency vehicles; and (iii) drivers of any other vehicles of a class specified in the notice as being a class of vehicle that is permitted to use a major event lane without displaying a major event permit. (3) A failure to comply with this section does not invalidate the establishment of a major event lane. 31. Major event lane permits (1) The major event organiser may issue a permit (a major event lane permit) to a person that authorises a vehicle to be driven in a major event lane — (a) by the person to whom the permit is issued; or (b) by another person while the person to whom the permit is issued is a passenger in the vehicle; or (c) by an employee or other person engaged by the person to whom the permit is issued. (2) A major event lane permit may be issued subject to reasonable conditions, including conditions that specify — (a) the times of day during which the major event lane may be used; or (b) the purposes for which the major event lane may be used. 32. Unauthorised use of major event lane (1) A person must not drive a vehicle in a major event lane unless — (a) the person is acting as authorised by a major event lane permit and the vehicle being driven by the person displays the major event lane permit; or (b) the vehicle is an emergency vehicle; or (c) the person is driving a vehicle of a class specified in a major event lane notice as being a class of vehicle that is permitted to use a major event lane without displaying a major event permit. Penalty for this subsection: a fine of $3 000. (2) A vehicle displays a major event lane permit only if the vehicle displays the permit in a prominent position and so that it is clearly visible from the front exterior of the vehicle. (3) The regulations may apply exceptions or defences provided for in the Road Traffic Code 2000 to an offence against subsection (1). 33. Authorised officers may stop vehicles in major event lane (1) An authorised officer may, by signalling or otherwise, direct a person in control of a vehicle in a major event lane to stop the vehicle for the purposes of ascertaining whether the person is authorised to drive the vehicle in the major event lane. (2) When acting in relation to a vehicle under subsection (1), the authorised officer must clearly identify themselves as an authorised officer exercising the powers of an authorised officer. (3) An authorised officer may direct a person in control of a vehicle in a major event lane that is stopped — (a) not to move the vehicle until the authorised officer has exercised the authorised officer's powers; or (b) to move the vehicle to, and keep the vehicle at, a stated reasonable place to allow the authorised officer to exercise the authorised officer's powers; or (c) to get out of the vehicle. (4) An authorised officer who gives a direction to a person under subsection (3) must inform the person that a failure to comply with the direction is an offence. (5) A person who is given a direction under subsection (1) or (3) must not, without reasonable excuse, fail to comply with the direction. Penalty for this subsection: a fine of $3 000. (6) A person does not commit an offence against subsection (5) in respect of a direction under subsection (3) if the person is not informed when the direction is given that a failure to comply with the direction is an offence. (7) If a person fails to comply with a direction under subsection (3)(c) to get out of a vehicle, a police officer may use reasonable force to remove the person from the vehicle. (8) A power of an authorised officer to stop a vehicle in a major event lane may be exercised — (a) in a major event area; or (b) in any other place, if the person exercising the power is a police officer or an authorised officer acting under the supervision of a police officer. 34. Authorised officers may inspect and verify permits (1) An authorised officer may direct a person in control of a vehicle displaying a major event lane permit to produce the permit to the authorised officer for inspection. (2) An authorised officer may direct a person who is in control of, or a passenger in, a vehicle in a major event lane to give the officer the person's personal details if — (a) the vehicle displays a major event lane permit; and (b) the direction is reasonable for the purpose of verifying that the person who is in control of the vehicle is authorised by the major event lane permit to drive in the major event lane. (3) A person who is given a direction under subsection (1) or (2) must not, without reasonable excuse, fail to comply with the direction. Penalty for this subsection: a fine of $3 000. (4) A person who is given a direction under subsection (2) must not give any detail that is false or misleading in a material particular in purported compliance with the direction. Penalty for this subsection: a fine of $3 000. (5) An authorised officer may request a person who is directed to give the officer personal details under subsection (2) to provide evidence of those personal details if it is reasonable to expect the person to be in possession of that evidence in the circumstances. (6) An authorised officer may confiscate a major event lane permit if — (a) the authorised officer reasonably suspects that the permit is a forgery; or (b) the authorised officer reasonably suspects that the permit is being used by a person who is not authorised to drive in the major event lane by the permit; or (c) the driver of the vehicle, or a passenger in the vehicle, fails to comply with a direction under subsection (2) or a request under subsection (5). (7) A confiscated major event lane permit must be returned to the major event organiser. 35. Leaving vehicles or vessels in major event area (1) The major event organiser may designate any public place or part of a public place inside a major event area as an area in which the following is prohibited — (a) parking or leaving vehicles; (b) mooring, anchoring or leaving vessels. (2) An area must be designated under subsection (1) by the erection of signs or notices. (3) The major event organiser must not exercise a power conferred by this section except in accordance with — (a) a traffic and transport management plan for the major event; or (b) in the case of a prohibition that applies to vehicles — the approval of the Transport CEO; or (c) in the case of a prohibition that applies to vessels — the approval of the Maritime CEO. (4) A person must not park or leave a vehicle in a major event area in a place designated by the major event organiser as an area in which parking or leaving vehicles is prohibited. Penalty for this subsection: a fine of $3 000. (5) A person must not moor, anchor or leave a vessel in a major event area in a place designated by the major event organiser as an area in which mooring, anchoring or leaving vessels is prohibited. Penalty for this subsection: a fine of $3 000. (6) A person does not contravene subsection (4) or (5) if the person — (a) is acting with the written authorisation of the major event organiser; or (b) is acting with the written authorisation of a WA event venue controller, but only in relation to any part of a major event area that is a WA event venue; or (c) has a reasonable excuse. (7) This section does not apply to the following — (a) a pram, stroller, wheelchair or other mobility aid; (b) an emergency vehicle or emergency vessel; (c) a vehicle or vessel of a class exempted from the application of this section by the regulations. 36. Authorised officers may move vehicles or vessels (1) If an authorised officer reasonably suspects that a vehicle or vessel has been left in a major event area in contravention of section 35(4) or (5), the authorised officer may move the vehicle or vessel or authorise it to be moved. (2) The vehicle or vessel may be moved — (a) to a public place where the parking or leaving of a vehicle, or the mooring, anchoring or leaving of a vessel, is permitted (without restriction as to time); or (b) to a place where the vehicle or vessel is to be stored. (3) The power conferred by this section must be exercised in accordance with the requirements of the traffic and transport management plan (if any) for the major event. (4) Part 9 Division 1 applies if a vehicle or vessel is moved under this section. Part 5 — Safety and crowd management Division 1 — Application of Part 37. Provisions apply only if section 6 regulations specify that they apply A provision of this Part — (a) applies in relation to a major event only if section 6 regulations provide that it applies to the major event; and (b) applies only in relation to a major event area or to a part of a major event area specified in section 6 regulations; and (c) applies only during the major event period or a shorter period specified in section 6 regulations. Division 2 — Entry to and movement in major event area 38. Designated entries and exits must be used (1) A person must not enter a major event area or a part of a major event area that has an entrance designated by the major event organiser except through that designated entrance. Penalty for this subsection: a fine of $2 000. (2) A person must not exit a major event area or a part of a major event area that has an exit designated by the major event organiser except through that designated exit. Penalty for this subsection: a fine of $2 000. (3) A person does not contravene subsection (1) or (2) if the person has a reasonable excuse. (4) Subsections (1) and (2) do not apply to a police officer or other person acting under the authority of a written law. 39. Entry fee must be paid (1) A person must not enter or remain in a major event area, or any part of a major event area, if the major event organiser charges a fee to enter the area concerned, unless the person — (a) has paid the entry fee; or (b) is the holder of a ticket or other evidence that the entry fee has been paid. Penalty for this subsection: a fine of $3 000. (2) A person does not contravene subsection (1) if the person — (a) is acting with the written authorisation of the major event organiser to be in the area concerned, whether under an occupant's pass or otherwise; or (b) is acting with the written authorisation of a WA event venue controller, but only in relation to any part of the major event area that is a WA event venue; or (c) has a reasonable excuse. (3) Subsection (1) does not apply to a police officer or other person acting under the authority of a written law. 40. Occupant's pass (1) A major event organiser may grant a pass (an occupant's pass) to a person that authorises the person to enter or remain in a major event area or a part of a major event area during the major event period. (2) A person may apply to a major event organiser for an occupant's pass if the person resides, works or has a business in a major event area. (3) A major event organiser must grant an occupant's pass to an applicant if satisfied that the applicant needs access to the major event area during the major event period — (a) to enable the applicant to travel to or from the place where the applicant resides, works or has a business; or (b) for the ordinary use and enjoyment of that place. (4) An occupant's pass may be granted subject to reasonable conditions, including a condition limiting the period for which the pass is valid to specified days and times. 41. Entry to playing field or competition or performance area (1) A person must not enter or remain on a playing field, or in a competition or performance area, in a major event area unless the person is a performer or participant in the major event. Penalty for this subsection: a fine of $5 500. (2) A person does not contravene subsection (1) if the person — (a) has a role in preparing for or holding the major event and the person's presence in the area concerned is necessary in connection with that role; or (b) is acting with the written authorisation of the major event organiser; or (c) has a reasonable excuse. (3) Subsection (1) does not apply to a police officer or other person acting under the authority of a written law. 42. Entry to restricted area (1) The major event organiser may designate an area within a major event area, other than a WA event venue, as a restricted area that may be used only by particular persons. (2) A WA event venue controller may designate an area within a WA event venue in a major event area as a restricted area that may be used only by particular persons. (3) An area must be designated as a restricted area by the erection of signs or notices. (4) A person must not enter or remain in a restricted area unless the person is a person for whose use the area has been designated as a restricted area. Penalty for this subsection: a fine of $3 000. (5) A person does not contravene subsection (4) if the person — (a) has a role in preparing for or holding the major event and the person's presence in the restricted area is necessary in connection with that role; or (b) is acting with the written authorisation of the major event organiser and the restricted area was designated by the major event organiser; or (c) is acting with the written authorisation of a WA event venue controller and the restricted area was designated by the WA event controller; or (d) has a reasonable excuse. (6) Subsection (4) does not apply to a police officer or other person acting under the authority of a written law. 43. Bringing vehicles into major event area (1) A person must not bring a vehicle into a major event area unless the person is on a road that is open to the public. Penalty for this subsection: a fine of $3 000. (2) A person does not contravene subsection (1) if the person — (a) is acting with the written authorisation of the major event organiser; or (b) is acting with the written authorisation of a WA event venue controller, but only in relation to any part of a major event area that is a WA event venue; or (c) has a reasonable excuse. (3) This section does not apply to the following — (a) a pram, stroller, wheelchair or other mobility aid; (b) an emergency vehicle; (c) a vehicle of a class exempted from the application of this section by the regulations. Division 3 — Conduct in and over major event area 44. Possession of prohibited items (1) A person must not bring into a major event area, or be in possession of in a major event area, any of the following — (a) a firearm; (b) a weapon; (c) an explosive; (d) a flare or other distress signal; (e) a laser pointer; (f) an animal; (g) any other thing prescribed by the regulations. Penalty for this subsection: a fine of $3 000. (2) A person does not contravene subsection (1) if the person — (a) is acting with the written authorisation of the major event organiser to be in possession of the thing concerned; or (b) is required to be in possession of the thing concerned by any other written law; or (c) has a reasonable excuse. (3) This section does not apply to a police officer while performing the duties of a police officer. (4) Subsection (1)(f) does not apply to bringing an animal into a major event area or being in possession of an animal in a major event area if — (a) the person has a disability (as defined in the Disability Discrimination Act 1992 (Commonwealth) section 4(1)) and the animal is an assistance animal (as defined in section 9(2) of that Act); or (b) the person resides in the major event area and the animal is the person's pet. 45. Endangering others or disrupting a major event (1) A person must not while in a major event area throw or propel anything that may injure a person or damage property, including an explosive, flare or other distress signal. Penalty for this subsection: a fine of $5 500. (2) A person must not while in a major event area throw or propel anything that may disrupt the major event. Penalty for this subsection: a fine of $1 500. (3) A person does not contravene subsection (1) or (2) if the person — (a) is acting with the written authorisation of the major event organiser; or (b) has a reasonable excuse. (4) Subsections (1) and (2) do not apply to — (a) a performer or participant in the major event doing anything that is part of the ordinary course of the major event; or (b) a spectator at a major event returning a thing that has been thrown or propelled by a performer or participant in the major event, but only if it is returned in a manner that is not intended to injure a person, damage property or disrupt the major event. 46. Obstructing performers or participants (1) A person must not obstruct another person in a major event area while the other person is performing or participating in the major event. Penalty for this subsection: a fine of $5 500. (2) A person does not contravene subsection (1) if the person — (a) is acting with the written authorisation of the major event organiser; or (b) has a reasonable excuse. 47. Possession and consumption of liquor (1) A person must not bring liquor into a major event area. Penalty for this subsection: a fine of $2 000. (2) A person does not contravene subsection (1) if — (a) the person is authorised under the Liquor Control Act 1988 to sell the liquor in the major event area; or (b) the person is delivering the liquor to a person who is authorised under the Liquor Control Act 1988 to sell the liquor in the major event area; or (c) the person resides in, or is staying in accommodation in, the major event area. (3) A major event organiser may, by the erection of signs or notices, designate any public place or part of a public place in a major event area as an area in which liquor must not be consumed. (4) A person must not consume liquor in a major event area in a place designated by the major event organiser as an area in which liquor must not be consumed. Penalty for this subsection: a fine of $2 000. (5) Subsection (4) does not apply to the consumption of liquor on premises on which the consumption of liquor is authorised by a licence or permit under the Liquor Control Act 1988. 48. Control of airspace (1) In this section — CASA means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988 (Commonwealth) section 8(1); Commonwealth Air Navigation Regulations means the Regulations as defined in the Air Navigation Act 1937 section 3; restricted area means an area declared by CASA to be a restricted area under the regulations under the Airspace Act 2007 (Commonwealth); State air navigation means air navigation within Western Australia to and in relation to which the Commonwealth Air Navigation Regulations apply, under the Air Navigation Act 1937 section 4, as if they were incorporated in that Act. (2) A person must not, in the course of State air navigation, operate an aircraft, or cause an aircraft to be operated, in any restricted area that is over a major event area. Penalty for this subsection: a fine of $250 000. (3) A person does not contravene subsection (2) if — (a) the person is permitted to operate the aircraft in the restricted area by or under the Airspace Act 2007 (Commonwealth); or (b) the aircraft is a military aircraft or a police aircraft that is being operated for a military or security purpose; or (c) the aircraft is being operated for an emergency purpose. (4) The provisions of this section prevail to the extent of any inconsistency between this section and the provisions of the Commonwealth Air Navigation Regulations as they apply to and in relation to State air navigation. 49. Other prohibited conduct (1) A person must not do any of the following in a major event area — (a) offer a service for a fee, gain or reward; (b) solicit, or attempt to solicit, money from another person; (c) erect a tent or other temporary structure; (d) erect or affix a decoration or equipment; (e) tout for business; (f) distribute a document; (g) busk; (h) any other thing prescribed by the regulations. Penalty for this subsection: a fine of $3 000. (2) A person does not contravene subsection (1) if the person — (a) is acting with the written authorisation of the major event organiser; or (b) has a reasonable excuse. Division 4 — Enforcement powers 50. Searches and inspection on entry (1) An authorised officer may request a person entering or seeking to enter a major event area, or any part of a major event area, to do any of the following — (a) undergo a security scan; (b) remove the person's headwear, gloves, footwear or outer clothing (such as a coat or jacket), but not the person's inner clothing or underwear, and allow those things to be inspected; (c) open any bag, container or other thing in the person's possession so that the officer can see the contents; (d) allow any thing in the person's possession to be inspected; (e) produce any thing in the person's possession for inspection; (f) if the person enters or seeks to enter in a vehicle or vessel — (i) allow the inspection of the vehicle or vessel or any part of it; and (ii) produce any thing in the vehicle or vessel, or allow any thing in the vehicle or vessel to be removed, for inspection. (2) An authorised officer may make a request under subsection (1) for the purposes of — (a) ensuring compliance with this Act; or (b) otherwise ensuring the safe and effective conduct of a major event. (3) An authorised officer must not make a request under subsection (1) unless the authorised officer reasonably considers it necessary to make the request. (4) An authorised officer must inform a person who is the subject of a request under subsection (1) of the reason for making the request if asked to do so by the person. (5) An authorised officer may give a direction to leave to a person who does not comply with a request under subsection (1). 51. Power to request surrender of prohibited items and liquor (1) An authorised officer may request a person entering, seeking to enter or in a major event area to surrender — (a) any thing in the person's possession that the officer reasonably suspects is a prohibited item; or (b) any liquor in the person's possession that the officer reasonably suspects the person is bringing into or has brought into the major event area in contravention of section 47(1). (2) An authorised officer may give a direction to leave to a person who does not comply with a request under subsection (1). 52. Power to request ticket or other evidence be produced (1) An authorised officer may request a person entering, seeking to enter or in a major event area or any part of a major event area to produce — (a) a ticket entitling the person to enter or be in the major event area or the part of the major event area concerned; or (b) other evidence of the person's right to enter or be in the major event area or the part of the major event area concerned. (2) An authorised officer may give a direction to leave to a person who does not comply with a request under subsection (1). 53. Power to refuse unauthorised entry An authorised offi