Page 3230 - Week 10 - Thursday, 25 September 2014
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In relation to amendment 5, this provides further grounds on which the executive must be satisfied in order to give notice of an important sporting event. The amendment requires the executive to be satisfied on reasonable grounds that an important sporting event notice is necessary and appropriate for the safety of people attending the event and the avoidance of disruptions to it.
This amendment therefore provides a higher threshold for giving notice of an important sporting event. It provides further support for human rights by ensuring that any limitation on rights as a result of an event being notified as an “important sporting event” will be necessary, appropriate and reasonable.
Amendment 6 provides that an important sporting event notice must be in the form of a disallowable instrument.
Amendment 7 provides that, in order to state that for an important sporting event a specified item is a prohibited item, the executive must consider not only that such prohibition is reasonable in the circumstances but also that the item could be used to interfere with the event or be a risk to public safety.
Amendment 8 is a minor technical amendment to ensure the wording describing this particular prohibited item is clear.
Amendments 9 and 10 serve the same general purpose. Amendment 9 provides that a glass item is only a prohibited item for a major event or important sporting event if it could be used to interfere with an event or present a risk to safety, and amendment 10 similarly provides that a metal can is only a prohibited item for a major event or an important sporting event if it can be used to interfere with the event or present a risk to public safety. This imposes important restrictions. It will restrict any limitation on the right to privacy by ensuring these two items are only prohibited where it is necessary for the purposes of risk management.
Amendment 11 inserts a note to signpost that a major event declaration or an important sporting event notice may state that an item is a prohibited item if the item could be used to interfere with the major event or major sporting event or may be a risk to public safety.
Turning to amendment 12, this amends the offence at clause 14(1)(c) of the bill. The amendment provides that it is an offence to cause unreasonable disruption or unreasonable interference to another person at a major event, important sporting event or an activity associated with the event. The maximum penalty for this offence is 15 penalty units.
This amendment ensures that any limitation on the right to freedom of expression resulting from the offence is restricted to situations where a person’s actions are unreasonable and cause disruption or interference to another person at the event. This is an important offence, as the disruption or interference with targets may quickly lead to an unsafe situation for event attendees and participants.
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