{"id":"major-events-aerial-advertising-act-2009","name":"Major Events (Aerial Advertising) Act 2009","slug":"major-events-aerial-advertising-act-2009","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":71400,"registerId":"wa-major-events-aerial-advertising-act-2009-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Major Events (Aerial Advertising) Act 2009","content":"![Crest]()Western Australia\n\nMajor Events (Aerial Advertising) Act 2009\n\nWestern Australia\n\nMajor Events (Aerial Advertising) Act 2009\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used 2\n\nPart 2 — Event order\n\n4. Application for event order or variation of an event order 4\n\n5. Event orders 4\n\n6. Notice of decision to be given 5\n\n7. Review 5\n\n8. Variation order 6\n\n9. When order takes effect 6\n\n10. Refund of fee for application for an event order 6\n\n11. Offence to display unauthorised aerial advertising 7\n\nPart 3 — Civil remedies\n\n12. Injunctions to restrain conduct 9\n\n13. Power to rescind or vary injunctions 10\n\n14. Action for damages 10\n\nPart 4 — Miscellaneous\n\n15. Bringing proceedings 12\n\n16. Liability of officers for offence by body corporate 12\n\n17. Regulations 12\n\nNotes\n\nCompilation table 13\n\nDefined terms\n\n  \n\nWestern Australia\n\nMajor Events (Aerial Advertising) Act 2009\n\nAn Act to provide for the control of aerial advertising at major events, and for related purposes.\n\nThe Parliament of Western Australia enacts as follows:\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *Major Events (Aerial Advertising) Act 2009*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.\n\n##### 3. Terms used\n\nIn this Act —\n\n  advertising means bringing to the attention of the public or a section of the public —\n\n(a) the availability of goods or services; or\n\n(b) the name of a brand of goods or services or a person who provides goods or services;\n\n  aerial advertising includes —\n\n(a) advertising by skywriting or sign‑writing by an aircraft; or\n\n(b) advertising on a banner or other sign towed by or attached to an aircraft; or\n\n(c) advertising on an aircraft, other than its normal markings or livery identifying the manufacturer of that aircraft; or\n\n(d) advertising on —\n\n(i) a hang glider, parachute, paraglider or similar device, other than its normal markings; or\n\n(ii) a banner or sign attached to a hang glider, parachute, paraglider or similar device;\n\nor\n\n(e) advertising on a banner or sign attached to a person suspended from a hang glider, parachute, paraglider or similar device; or\n\n(f) a laser or digital projection of an advertisement into the sky;\n\n  aircraft includes an airship, a blimp, a hot‑air balloon, a helicopter or an ultra‑light aircraft;\n\n  CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of this Act;\n\n  event order means an order made under section 5 as amended by any variation order;\n\n  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;\n\n  specified event means an event specified in an event order;\n\n  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;\n\n  specified venue means the place specified in an event order at which an event is to be conducted;\n\n  variation order means an order made under section 8.\n\n[Section 3 amended: No. 9 of 2023 s. 99.]\n\n## Part 2 — Event order\n\n##### 4. Application for event order or variation of an event order\n\nAn application for an event order or to vary an event order is to be —\n\n(a) in writing; and\n\n(b) made in a manner and form approved in writing by the CEO; and\n\n(c) accompanied by the application fee, if any, prescribed.\n\n##### 5. Event orders\n\n(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.\n\n(2) Before making an order, the Minister —\n\n(a) must be satisfied that —\n\n(i) the event is a major event at the international or national level; and\n\n(ii) the event has commercial arrangements that are likely to be adversely affected by unauthorised aerial advertising; and\n\n(iii) the operations of the event are likely to be adversely affected by aerial advertising that is not authorised by the event organiser;\n\nand\n\n(b) must have regard to —\n\n(i) the number of people who might attend the event; and\n\n(ii) the likely media coverage of the event; and\n\n(iii) the projected economic benefit of the event to the State; and\n\n(iv) the contribution to the State’s national and international profile as a host of major events.\n\n(3) An event order must specify —\n\n(a) the day or days on which the event is to be conducted; and\n\n(b) the place at which the event is to be conducted; and\n\n(c) the starting time and the finishing time in respect of each day of the event; and\n\n(d) the organiser for the event; and\n\n(e) the manner in which the event organiser must publicise that the event is covered by the event order; and\n\n(f) any conditions to which the order is subject.\n\n(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.\n\n##### 6. Notice of decision to be given\n\nIf the Minister decides to refuse to declare an event to be an event for the purposes of this Act, he or she is to —\n\n(a) record the grounds on which the decision was based; and\n\n(b) record the reasons for the decision; and\n\n(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.\n\n##### 7. Review\n\nA 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.\n\n##### 8. Variation order\n\n(1) The Minister may, by order published in the *Gazette*, change any of the following —\n\n(a) the specified venue in relation to a specified event;\n\n(b) the specified time in relation to a specified event;\n\n(c) the event organiser in relation to a specified event.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n##### 9. When order takes effect\n\nAn event order or a variation order takes effect —\n\n(a) on the day of its publication in the *Gazette*; or\n\n(b) if a later day is specified in the order, on that day.\n\n##### 10. Refund of fee for application for an event order\n\n(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.\n\n(2) Subsection (1) applies in relation to an application for an event order made on or after 1 July 2011.\n\n##### 11. Offence to display unauthorised aerial advertising\n\n(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 —\n\n(a) a written authorisation of the event organiser to display, or cause, aerial advertising to be displayed at the event; or\n\n(b) a condition specified under section 5(3)(f); or\n\n(c) an event order for another specified event at another specified venue.\n\nPenalty: a fine of $250 000.\n\n(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 —\n\n(a) in an emergency; or\n\n(b) if the aircraft is used for, or in, the provision of emergency services.\n\n(2A) Subsection (1) does not apply to a display of aerial advertising if —\n\n(a) the aerial advertising is displayed in relation to a major event (as defined in the *Major Events Act 2023* section 4); and\n\n(b) the aerial advertising is displayed during a period in which the *Major Events Act 2023* section 66 applies to the major event and within sight of an area to which that section applies; and\n\n(c) the display is in accordance with the written authorisation of the major event organiser (as defined in the *Major Events Act 2023* section 4).\n\n(3) Proceedings for a contravention of subsection (1) are to be dealt with by a court constituted by a magistrate.\n\n[Section 11 amended: No. 12 of 2023 s. 111(2).]\n\n## Part 3 — Civil remedies\n\n##### 12. Injunctions to restrain conduct\n\n(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 —\n\n(a) a contravention of section 11; or\n\n(b) attempting or conspiring to contravene section 11; or\n\n(c) aiding, abetting, counselling or procuring a person to contravene section 11; or\n\n(d) inducing or attempting to induce a person, whether by threats, promises or otherwise, to contravene section 11; or\n\n(e) being in any way directly or indirectly, knowingly concerned in, or party to, the contravention by a person of section 11.\n\n(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) —\n\n(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\n\n(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\n\n(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.\n\n(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 —\n\n(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\n\n(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.\n\n##### 13. Power to rescind or vary injunctions\n\nThe Supreme Court may rescind or vary an injunction granted under section 12(2).\n\n##### 14. Action for damages\n\n(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 —\n\n(a) a person who has aided, abetted, counselled or procured the contravention;\n\n(b) a person who has induced, whether by threats or promises or otherwise, the contravention;\n\n(c) a person who has been in any way, directly or indirectly, knowingly concerned in, or a party to, the contravention;\n\n(d) a person who has conspired with others to effect the contravention.\n\n(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.\n\n(3) A proceeding under this section may be brought in any court of competent jurisdiction.\n\n(4) A proceeding under subsection (1) must not be commenced more than 3 years after the date on which the cause of action accrued.\n\n(5) A court may make an order under this section whether or not an injunction is granted under section 12(2).\n\n## Part 4 — Miscellaneous\n\n##### 15. Bringing proceedings\n\n(1) Proceedings for an offence under this Act may be brought by —\n\n(a) the CEO; or\n\n(b) a person authorised in writing by the CEO for the purposes of this section.\n\n(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.\n\n##### 16. Liability of officers for offence by body corporate\n\n\t\t*The Criminal Code* section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under section 11(1) of this Act.\n\n[Section 16 inserted: No. 9 of 2023 s. 100.]\n\n##### 17. Regulations\n\nThe 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.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Major Events (Aerial Advertising) Act 2009* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Major Events (Aerial Advertising) Act 2009* | 20 of 2009 | 21 Sep 2009 | s. 1 and 2: 21 Sep 2009 (see s. 2(a))   Act other than s. 1 and 2: 18 Jan 2010 (see s. 2(b) and *Gazette* 15 Jan 2010 p. 67) |\n| *Directors’ Liability Reform Act 2023* Pt. 3 Div. 38 | 9 of 2023 | 4 Apr 2023 | 5 Apr 2023 (see s. 2(j)) |\n| *Major Events Act 2023* s. 111 | 12 of 2023 | 22 May 2023 | 23 May 2023 (see s. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nadvertising 3\n\naerial advertising 3\n\naircraft 3\n\nCEO 3\n\nevent order 3\n\nevent organiser 3\n\nspecified event 3\n\nspecified time 3\n\nspecified venue 3\n\nvariation order 3\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the actual legislative content was not retrievable from the provided source. The page returned an error indicating the URL is no longer active on the Western Australian legislation website."},"complexity_factors":["Insufficient source text to assess true complexity — only an error page was provided","Aerial advertising regulation typically involves intersection of aviation law and event management law, which can add moderate complexity","Likely contains definitions of 'major event' and 'aerial advertising' that may have technical nuance","May involve coordination with Commonwealth aviation regulations (adding a federalism dimension)"],"plain_english_summary":"Likely regulates aerial advertising (banner planes, blimps, skywriting) in and around major events in Western Australia, aiming to control unauthorised airborne promotions and protect event organisers’ and sponsors’ commercial interests. It would affect businesses seeking event-area exposure, aerial-advertising firms, aviation operators, and event organisers—important for rights, access and commercial protections."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Amendments expanded enforcement and exclusions: officer liability for corporate breaches was added (application of Criminal Code s39 via s16, inserted 2023), and an express exemption was inserted to align with the Major Events Act 2023 where that Act’s section 66 applies (s11(2A)). These changes broaden who can be held personally liable and refine when the aerial‑advertising ban applies."},"complexity_factors":["Ministerial discretion to declare events and set conditions (decision criteria in s5) increases policy judgment in application","Procedural requirements for applications (CEO‑approved form and prescribed fee) and Gazette publication create administrative steps (s4, s9)","Large criminal penalty ($250,000) for unauthorised displays with limited statutory defences and specific carve‑outs adds enforcement stakes (s11)","Civil remedies include injunctions, damages (including future losses) and a 3‑year limitation, creating parallel criminal and civil enforcement paths (s12–14)","Interplay with the Major Events Act 2023 introduces cross‑statutory exemptions and additional timing/coverage complexity (s11(2A))","Liability of corporate officers for offences under section 11 (application of Criminal Code s39 as inserted in s16) increases personal legal exposure","Variation orders and public‑notification rules allow changes after declaration, raising operational uncertainty for advertisers and organisers (s8, s9)","Regulations power permits further detail to be prescribed, so practical scope depends on delegated instruments (s17)"],"plain_english_summary":"This Act lets the Minister declare major events where aerial advertising is controlled and makes it an offence to display or cause aerial advertising within sight of a specified venue during specified times unless authorised by the event organiser or covered by specified exceptions; the maximum penalty is $250,000. (s5, s11)\n\nApplications use a CEO‑approved form and may attract a fee the Minister can waive; event organisers may seek injunctions and damages for contraventions, and officers of corporate bodies can be held liable. (s4, s10, s12–14, s16)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally a standalone regime for aerial advertising control, the 2023 amendment (s.11(2A)) carved out an exception for events covered by the newer Major Events Act 2023. This creates overlapping coverage where the 2009 Act now defers to the 2023 Act for events declared under that legislation. The amendment suggests the original scope has been partially superseded by broader legislation, converting this Act into a residual or parallel regime rather than the sole mechanism for aerial advertising control at major events."},"complexity_factors":["Short statute (17 sections) with straightforward structure","10 defined terms in interpretation section, all clearly drafted","Simple conditional logic: offence applies only if (a) event order exists, (b) within sight of venue, (c) during specified time, (d) no authorisation","Two layers of exceptions: emergency flights (s.11(2)) and Major Events Act overlap (s.11(2A)) - added by 2023 amendment","Cross-reference to external legislation: Criminal Code s.39 for corporate liability (inserted 2023) and Major Events Act 2023 for overlapping coverage","Standard administrative law machinery: application process, review by State Administrative Tribunal, Gazette publication requirements","Civil remedies section (Part 3) uses standard equitable injunction language but adds specific reference to 'future losses' from lost sponsorship (s.14(2))"],"plain_english_summary":"**What this law does:**\n\nThis Act gives the Western Australian government power to ban unauthorised aerial advertising (skywriting, banner towing, blimp ads, laser projections, etc.) flying over major sporting or cultural events.\n\n**Who it affects:**\n\n- **Event organisers** of big international or national events (like cricket finals, concerts, or festivals) who can apply for an \"event order\" to protect their sponsorship deals\n- **Pilots and advertising companies** who want to fly banners or skywrite near these events\n- **Sponsors** who've paid for exclusive advertising rights at events\n\n**How it works:**\n\n1. An event organiser applies to the Minister for an **event order** declaring their event a \"major event\"\n2. The Minister must be satisfied the event is genuinely big (international/national level) and that unauthorised aerial ads would hurt commercial arrangements or operations\n3. Once an order is made and published, it becomes illegal to display aerial advertising within sight of the venue during event times **unless** the event organiser has given written permission\n4. Breaking this rule carries a **$250,000 fine**\n\n**Key exceptions:**\n- Emergency aircraft flights\n- Events covered by the newer *Major Events Act 2023* (which has its own aerial advertising rules)\n\n**Enforcement tools:**\n- Criminal penalties (the $250k fine)\n- Court injunctions to stop ads mid-flight\n- Civil damages lawsuits (including compensation for lost future sponsorship)\n\n**Why it matters:**\nThis protects event sponsors who've paid big money for exclusive advertising rights. Without this law, a competitor could fly a banner over the MCG during the AFL Grand Final, undermining the official sponsor's deal. It essentially creates temporary \"no-fly zones\" for commercial aerial advertising around protected events."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/major-events-aerial-advertising-act-2009","history":"/api/acts/major-events-aerial-advertising-act-2009/history","analysis":"/api/acts/major-events-aerial-advertising-act-2009/analysis","conflicts":"/api/acts/major-events-aerial-advertising-act-2009/conflicts","importantCases":"/api/acts/major-events-aerial-advertising-act-2009/important-cases","documents":"/api/acts/major-events-aerial-advertising-act-2009/documents"}}