{"id":"nsw:act-2019-017","name":"Music Festivals Act 2019","slug":"music-festivals-act-2019","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"17 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29116,"registerId":"nsw-act-2019-017-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Music Festivals Act 2019](/view/html/inforce/current/act-2019-017).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Objects of Act","content":"#### 2A Objects of Act\n\n2A Objects of Act\n\n> > (1) The objects of this Act are—\n> > \n> > > (a) to regulate and support planning for music festivals in a way that is consistent with the expectations and needs of the community, and\n> > \n> > > (b) to support music festival organisers in ensuring adequate measures are in place to deal with possible risks associated with music festivals, including access to advice from clinical and public health and safety experts, and\n> > \n> > > (c) to facilitate collaboration between government agencies and music festival organisers to deliver safe music festivals.\n> \n> > (2) Each person who exercises functions under this Act, including music festival organisers, must, in exercising the functions, have regard to—\n> > \n> > > (a) supporting the development of the music festivals sector, including the development of the following in relation to music festivals—\n> > > \n> > > > (i) employment,\n> > > \n> > > > (ii) the live music industry,\n> > > \n> > > > (iii) the arts, community, cultural and tours sectors, and\n> > \n> > > (b) promoting harm minimisation measures relating to the consumption of liquor and drugs at music festivals to ensure the safety of persons attending the music festivals.\n> \n> **s 2A:** Ins 2024 No 61, Sch 1\\[2\\].","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> agreed health and medical plan, for a music festival, means a health and medical plan agreed to under section 6 for the music festival.\n> \n> ambulance forward commander means the NSW Ambulance commander at an incident or emergency site or an event who is responsible for the command of all NSW Ambulance personnel at the site or event.\n> \n> concert means a music-focused event that includes all of the following—\n> \n> > (a) the event uses a single stage,\n> \n> > (b) the event is proposed to be held over a period of less than 5 hours,\n> \n> > (c) the event has not more than 2 headlining performers and not more than 4 performers in total, including supporting performers, with 1 group or collective being considered to be a single performer.\n> \n> exercise a function includes perform a duty.\n> \n> function includes a power, authority or duty.\n> \n> Guidelines for Music Festival Event Organisers means the document titled Guidelines for Music Festival Event Organisers: Music Festival Harm Reduction produced by the Ministry of Health—\n> \n> > (a) as in force from time to time, and\n> \n> > (b) published on a NSW Government website.\n> \n> health officer means the following—\n> \n> > (a) a member of staff of the Ministry of Health,\n> \n> > (b) a member of staff of the NSW Health Service,\n> \n> > (c) an ambulance forward commander,\n> \n> > (d) a person engaged by a music festival organiser to provide health services at a music festival.\n> \n> Health Secretary means the Secretary of the Ministry of Health.\n> \n> ILGA means the Independent Liquor and Gaming Authority constituted under the [Gaming and Liquor Administration Act 2007](/view/html/inforce/current/act-2007-091).\n> \n> inspector means an inspector appointed under section 20 of the [Gaming and Liquor Administration Act 2007](/view/html/inforce/current/act-2007-091) for the purposes of this Act.\n> \n> intensive care unit means a unit for the observation, care and treatment of patients with life threatening or potentially life threatening illnesses, injuries or complications, from which recovery is possible, that is specially staffed and equipped for that purpose.\n> \n> music festival means an event, other than a concert, that—\n> \n> > (a) is music-focused or dance-focused, and\n> \n> > (b) has performances by a series of persons or groups that are engaged to play or perform to live or pre-recorded music, or to provide another form of musical or live entertainment, and\n> \n> > (c) is held within a defined area, and\n> \n> > (d) is attended by 2,000 or more people, and\n> \n> > (e) is a ticketed event.\n> \n> music festival organiser, for a music festival, means the person or other entity noted on the public liability insurance policy provided to—\n> \n> > (a) the owner or other person in charge of the premises on which the festival is to be held, or\n> \n> > (b) the local council for the area in which the festival is to be held.\n> \n> music festival roundtable—see Part 4.\n> \n> performer includes a group, band or act.\n> \n> Secretary means the Secretary of the department in which this Act is administered.\n> \n> Note.\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> **s 3:** Am 2021 No 32, Sch 1.12\\[2\\]–\\[5\\]; 2024 No 61, Sch 1\\[3\\] \\[4\\].","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"#### 4 Notes\n\n4 Notes\n\n> Notes included in this Act do not form part of this Act.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Obligations on music festival organisers","content":"# Part 2 Obligations on music festival organisers\n\nPart 2 Obligations on music festival organisers","sortOrder":6},{"sectionNumber":"Division 1","sectionType":"division","heading":"Health and medical plans","content":"## Division 1 Health and medical plans\n\nDivision 1 Health and medical plans\n\n**pt 2, div 1, hdg:** Am 2024 No 61, Sch 1\\[5\\].","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Requirement for health and medical plans","content":"#### 5 Requirement for health and medical plans\n\n5 Requirement for health and medical plans\n\n> > (1) The Secretary must determine which music festivals require an agreed health and medical plan.\n> \n> > (2) Without limiting the matters to which the Secretary may have regard in determining whether a music festival requires an agreed health and medical plan, the Secretary must have regard to the following matters—\n> > \n> > > (a) advice from the Health Secretary that is consistent with information about festival characteristics associated with drug-related health harms set out in the Guidelines for Music Festival Event Organisers,\n> > \n> > > (b) advice from the Commissioner of Police,\n> > \n> > > (c) advice from the music festival organiser,\n> > \n> > > (d) whether a prescribed medical event occurred, whether in New South Wales or another State or Territory—\n> > > \n> > > > (i) at a music festival, or an event related to a music festival, for which the music festival organiser was the organiser in the 3 years immediately before the date on which the proposed music festival will start, or\n> > > \n> > > > (ii) if any of the last 3 music festivals, or events related to music festivals, for which the music festival organiser was the organiser were held more than 3 years before the date on which the proposed music festival will start—at any of the 3 music festivals or events,\n> > \n> > > (e) advice from the music festival roundtable.\n> \n> > (3) If the Secretary determines a music festival requires an agreed health and medical plan, the Secretary must direct the music festival organiser to—\n> > \n> > > (a) prepare a health and medical plan for the music festival, and\n> > \n> > > (b) provide—\n> > > \n> > > > (i) the health and medical plan to the Health Secretary for agreement, and\n> > > \n> > > > (ii) a copy of the health and medical plan to the Commissioner of Police.\n> \n> > (4) A direction under subsection (3) must be given—\n> > \n> > > (a) no later than the day specified in the regulations, and\n> > \n> > > (b) in the form and way approved by the Secretary.\n> \n> > (5) If the Secretary does not determine a music festival requires an agreed health and medical plan, the music festival organiser must prepare a health and medical plan for the music festival but the plan does not require the Health Secretary’s agreement.\n> \n> > (6) In this section—\n> > \n> > medical event means the following—\n> > \n> > > (a) the death of a person,\n> > \n> > > (b) the admission of a person to an intensive care unit of a hospital,\n> > \n> > > (c) endotracheal intubation of a person.\n> > \n> > prescribed medical event means a medical event that is reasonably suspected to be—\n> > \n> > > (a) because of alcohol or drug use, or\n> > \n> > > (b) caused by crowd behaviour or improper safety management.\n> \n> **s 5:** Am 2021 No 32, Sch 1.12\\[6\\]. Subst 2024 No 61, Sch 1\\[6\\].","sortOrder":8},{"sectionNumber":"5A","sectionType":"section","heading":"Appeal against determination music festival requires agreed health and medical plan","content":"#### 5A Appeal against determination music festival requires agreed health and medical plan\n\n5A Appeal against determination music festival requires agreed health and medical plan\n\n> > (1) If the Secretary determines that a music festival requires an agreed health and medical plan, the music festival organiser may appeal against the determination to ILGA.\n> \n> > (2) An appeal may be lodged only on the ground that the music festival does not require an agreed health and medical plan because, in the music festival organiser’s view, sufficient controls have been put in place to mitigate and manage health risks at the music festival.\n> \n> > (3) An appeal must be started by lodging a notice (an appeal notice) with ILGA no later than the day specified in the regulations.\n> \n> > (4) The appeal notice must be lodged in the form and way approved by ILGA.\n> \n> > (5) In deciding an appeal, ILGA must, after having regard to the objects of this Act, decide that the music festival—\n> > \n> > > (a) requires an agreed health and medical plan and that the music festival organiser must provide a health and medical plan to the Health Secretary for agreement, or\n> > \n> > > (b) does not require an agreed health and medical plan and that the music festival organiser must prepare a health and medical plan for the music festival but does not require the Health Secretary’s agreement to the plan.\n> \n> **s 5A:** Ins 2024 No 61, Sch 1\\[6\\].","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Contents of health and medical plans","content":"#### 6 Contents of health and medical plans\n\n6 Contents of health and medical plans\n\n> > (1) The health and medical plan for a music festival the Secretary has determined requires an agreed health and medical plan must be prepared in accordance with the Guidelines for Music Festival Event Organisers.\n> \n> > (2) The music festival organiser must give the health and medical plan to the Health Secretary for agreement no later than—\n> > \n> > > (a) the prescribed day, or\n> > \n> > > (b) a later day specified by the Health Secretary.\n> \n> > (3) The music festival organiser must also, at least 14 days before the festival is to be held, give the Health Secretary an addendum to the health and medical plan that includes information about—\n> > \n> > > (a) the persons that will provide health services at the festival, and\n> > \n> > > (b) the qualifications and work experience of the persons engaged to provide the health services.\n> \n> > (4) The Health Secretary must decide to—\n> > \n> > > (a) agree to the health and medical plan, with or without changes, but only if the Health Secretary is satisfied the risks associated with the music festival and the premises are suitably addressed by the plan, or\n> > \n> > > (b) refuse to agree to the health and medical plan.\n> \n> > (5) The Health Secretary must make a decision under subsection (4) no later than—\n> > \n> > > (a) the prescribed day, or\n> > \n> > > (b) the later day decided by the Health Secretary.\n> \n> > (6) The Health Secretary must give a copy of an agreed health and medical plan to the Commissioner of Police.\n> \n> **s 6:** Am 2021 No 32, Sch 1.12\\[6\\]–\\[8\\]; 2024 No 61, Sch 1\\[7\\]–\\[11\\].","sortOrder":10},{"sectionNumber":"6A","sectionType":"section","heading":"Commissioner of Police may propose conditions to be applied to music festivals for which agreed health and medical plan required","content":"#### 6A Commissioner of Police may propose conditions to be applied to music festivals for which agreed health and medical plan required\n\n6A Commissioner of Police may propose conditions to be applied to music festivals for which agreed health and medical plan required\n\n> > (1) This section applies in relation to a music festival the Secretary has determined requires an agreed health and medical plan.\n> \n> > (2) The Commissioner of Police may, by written notice given to the Secretary no later than the prescribed day, propose the music festival organiser submit to the Secretary a schedule about matters relating to law enforcement and safety for the music festival.\n> \n> > (3) After receiving a notice from the Commissioner of Police under subsection (2), the Secretary—\n> > \n> > > (a) may require the music festival organiser to—\n> > > \n> > > > (i) prepare a schedule (a law enforcement and safety schedule) about matters relating to law enforcement and safety for the music festival, and\n> > > \n> > > > (ii) submit the law enforcement and safety schedule to the Secretary no later than—\n> > > > \n> > > > > (A) the prescribed day, or\n> > > > \n> > > > > (B) a later day specified by the Secretary, and\n> > \n> > > (b) if the Secretary requires the music festival organiser to submit a law enforcement and safety schedule—must give a copy of the schedule submitted to the Secretary to the Commissioner of Police as soon as practicable.\n> \n> > (4) After considering the law enforcement and safety schedule, the Commissioner of Police may, by written notice given to the Secretary as soon as practicable after receiving the schedule, propose conditions about the holding of the music festival to be included in the schedule.\n> \n> > (5) The Secretary must—\n> > \n> > > (a) give the music festival organiser an opportunity to comment on the proposed conditions, and\n> > \n> > > (b) consider any comments made by the music festival organiser, and\n> > \n> > > (c) approve the law enforcement and safety schedule, including the conditions proposed by the Commissioner of Police, with or without changes, no later than—\n> > > \n> > > > (i) the prescribed day, or\n> > > \n> > > > (ii) the later day decided by the Secretary.\n> \n> > (6) An approved law enforcement and safety schedule for a music festival may be included as a schedule to—\n> > \n> > > (a) the agreed health and medical plan and, if included, is taken to be part of the agreed health and medical plan with which the music festival organiser must comply, or\n> > \n> > > (b) if the music festival is to be held on premises to which a liquor licence applies—the liquor licence and, if included, is taken to be part of the licence with which the licensee must comply.\n> \n> **s 6A:** Ins 2024 No 61, Sch 1\\[12\\].","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Offence for failure to have and comply with agreed health and medical plan","content":"#### 7 Offence for failure to have and comply with agreed health and medical plan\n\n7 Offence for failure to have and comply with agreed health and medical plan\n\n> A music festival organiser for a music festival the Secretary has determined requires an agreed health and medical plan—\n> \n> > (a) must not hold the festival unless there is an agreed health and medical plan for the festival, and\n> \n> > (b) must ensure the way in which the festival is delivered complies with the agreed health and medical plan.\n> \n> Maximum penalty—500 penalty units.\n> \n> **s 7:** Am 2021 No 32, Sch 1.12\\[6\\]; 2024 No 61, Sch 1\\[13\\] \\[14\\].","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Requirement to keep agreed health and medical plan","content":"#### 8 Requirement to keep agreed health and medical plan\n\n8 Requirement to keep agreed health and medical plan\n\n> > (1) A music festival organiser for a music festival the Secretary has determined requires an agreed health and medical plan must—\n> > \n> > > (a) keep a copy of the agreed health and medical plan on the premises on which the music festival is being held, and\n> > \n> > > (b) ensure a copy of the plan is made available to a police officer, inspector, health officer or emergency services officer if requested.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) In this section—\n> > \n> > emergency services officer means an officer of Fire and Rescue NSW or a member of a rural fire brigade.\n> \n> **s 8:** Am 2021 No 32, Sch 1.12\\[6\\]; 2024 No 61, Sch 1\\[13\\] \\[15\\] \\[16\\].","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Change to agreed health and medical plan","content":"#### 9 Change to agreed health and medical plan\n\n9 Change to agreed health and medical plan\n\n> > (1) A music festival organiser for a music festival the Secretary has determined requires an agreed health and medical plan may give the Health Secretary written notice of a proposed change to the agreed health and medical plan.\n> \n> > (2) The Health Secretary must advise the music festival organiser whether the Health Secretary agrees to or rejects the proposed change.\n> \n> > (3) The proposed change to the agreed health and medical plan does not take effect until it is agreed to by the Health Secretary.\n> \n> **s 9:** Am 2021 No 32, Sch 1.12\\[6\\]; 2024 No 61, Sch 1\\[13\\] \\[17\\]–\\[21\\].","sortOrder":14},{"sectionNumber":"Division 2","sectionType":"division","heading":"Other obligations","content":"## Division 2 Other obligations\n\nDivision 2 Other obligations","sortOrder":15},{"sectionNumber":"10AA","sectionType":"section","heading":"Requirement to notify Secretary about proposed music festivals","content":"#### 10AA Requirement to notify Secretary about proposed music festivals\n\n10AA Requirement to notify Secretary about proposed music festivals\n\n> > (1) A music festival organiser for a proposed music festival must give the Secretary notice, in the form and way approved by the Secretary, about the intention to hold the festival no later than the prescribed day.\n> \n> > (2) The Secretary must, as soon as practicable after receiving a notice under subsection (1), give a copy of the notice to the following persons—\n> > \n> > > (a) the Health Secretary,\n> > \n> > > (b) the Commissioner of Police.\n> \n> **s 10AA:** Ins 2024 No 61, Sch 1\\[22\\].","sortOrder":16},{"sectionNumber":"10","sectionType":"section","heading":"Requirement to hold briefings for health service providers","content":"#### 10 Requirement to hold briefings for health service providers\n\n10 Requirement to hold briefings for health service providers\n\n> > (1) A music festival organiser for a music festival the Secretary has determined requires an agreed health and medical plan must hold a briefing, in accordance with this section, with a person engaged by the organiser to provide health services at the festival if representatives of a prescribed entity request the briefing.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) The briefings may be held at the following intervals—\n> > \n> > > (a) at least 48 hours before the start of the music festival,\n> > \n> > > (b) on the premises on which the festival is being held on the day the festival is due to start,\n> > \n> > > (c) within 21 days after the end of the festival.\n> \n> > (3) The music festival organiser must, at least 7 days before the briefing, notify each prescribed entity of the date, time and location of the briefing.\n> \n> > (4) A representative of a prescribed entity may attend the briefing.\n> \n> > (5) In this section—\n> > \n> > prescribed entity means the following—\n> > \n> > > (a) the Secretary,\n> > \n> > > (b) NSW Police Force,\n> > \n> > > (c) Fire and Rescue NSW,\n> > \n> > > (d) NSW Rural Fire Service,\n> > \n> > > (e) the Ministry of Health,\n> > \n> > > (f) the council of the local government area in which the premises on which the music festival is to be held are situated,\n> > \n> > > (g) Ambulance Service of NSW.\n> \n> **s 10:** Am 2021 No 32, Sch 1.12\\[6\\] \\[9\\]; 2024 No 61, Sch 1\\[23\\]–\\[25\\].","sortOrder":17},{"sectionNumber":"11","sectionType":"section","heading":"Incident register to be kept","content":"#### 11 Incident register to be kept\n\n11 Incident register to be kept\n\n> > (1) A music festival organiser for a music festival the Secretary has determined requires an agreed health and medical plan must keep an incident register—\n> > \n> > > (a) in a form approved by the Secretary, and\n> > \n> > > (b) in accordance with this section.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) The incident register must record details of the following incidents that occur during the period beginning when the music festival starts operating until 1 hour after the festival stops operating—\n> > \n> > > (a) an incident that results in the death of a patron of the festival,\n> > \n> > > (b) an incident that results in a patron of the festival requiring medical assistance as a result of intoxication,\n> > \n> > > (c) an incident involving violence or anti-social behaviour occurring on the premises on which the festival is being held,\n> > \n> > > (d) an incident of which the music festival organiser is aware that involves violence or anti-social behaviour occurring in the immediate vicinity of the premises and that involves a person who has recently left, or been refused admission to, the premises,\n> > \n> > > (e) an incident, on the premises, of which the music festival organiser is aware, that involves the possession or use of a substance that the organiser reasonably suspects as being a prohibited plant or a prohibited drug, other than an incident that has been disclosed to a person engaged by the organiser to provide health services at the festival or to a health practitioner,\n> > \n> > > (f) an incident that results in a person being turned out of the premises,\n> > \n> > > (g) if the health and medical plan prohibits minors on the premises or part of the premises—a minor being located on the premises or the part of the premises prohibited to minors.\n> \n> > (3) The incident register must also record details of action taken in response to a recorded incident.\n> \n> > (4) The music festival organiser must—\n> > \n> > > (a) make the incident register available for inspection by a police officer, inspector or health officer if requested to do so, and\n> > \n> > > (b) allow a police officer, inspector or health officer to take copies of the incident register or to remove the incident register from the premises, and\n> > \n> > > (c) ensure that the information recorded in an incident register is kept for at least 3 years from the day the record was made.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (5) In this section—\n> > \n> > health practitioner has the same meaning as in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).\n> \n> **s 11:** Am 2021 No 32, Sch 1.12\\[6\\]; 2024 No 61, Sch 1\\[26\\]–\\[28\\].","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Enforcement","content":"# Part 3 Enforcement\n\nPart 3 Enforcement","sortOrder":19},{"sectionNumber":"12","sectionType":"section","heading":"Enforcement of Act—gaming and liquor inspectors","content":"#### 12 Enforcement of Act—gaming and liquor inspectors\n\n12 Enforcement of Act—gaming and liquor inspectors\n\n> > (1) For the enforcement of this Act, this Act is taken to be gaming and liquor legislation for the purposes of the [Gaming and Liquor Administration Act 2007](/view/html/inforce/current/act-2007-091).\n> \n> > (2) Without limiting subsection (1), for the purposes of that subsection—\n> > \n> > > (a) inspectors may be appointed under section 20 of the [Gaming and Liquor Administration Act 2007](/view/html/inforce/current/act-2007-091) for the purposes of this Act as if this Act were gaming and liquor legislation, and\n> > \n> > > (b) an inspector appointed under section 20 of the [Gaming and Liquor Administration Act 2007](/view/html/inforce/current/act-2007-091) may exercise powers under that Act as if this Act were gaming and liquor legislation, and\n> > \n> > > (c) proceedings for an offence against this Act may be taken under section 45 of the [Gaming and Liquor Administration Act 2007](/view/html/inforce/current/act-2007-091), and\n> > \n> > > (d) section 46 of the [Gaming and Liquor Administration Act 2007](/view/html/inforce/current/act-2007-091) applies as if an offence under section 8 of this Act were a penalty notice offence under that Act for which the amount payable under a penalty notice is 10 penalty units.\n> \n> > (3) A police officer has the function of enforcing the following under this Act—\n> > \n> > > (a) any conditions proposed by the Commissioner of Police about matters that relate to law enforcement and safety and adopted by the Secretary,\n> > \n> > > (b) compliance with section 11.\n> \n> **s 12:** Am 2024 No 61, Sch 1\\[29\\].\n> \n> **pt 4, div 1, hdg:** Rep 2024 No 61, Sch 1\\[30\\].","sortOrder":20},{"sectionNumber":"Part 4","sectionType":"part","heading":"Music festival roundtable","content":"# Part 4 Music festival roundtable\n\nPart 4 Music festival roundtable","sortOrder":21},{"sectionNumber":"13","sectionType":"section","heading":"Minister must establish music festival roundtable","content":"#### 13 Minister must establish music festival roundtable\n\n13 Minister must establish music festival roundtable\n\n> The Minister must establish a music festival roundtable.","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":"Functions of music festival roundtable","content":"#### 14 Functions of music festival roundtable\n\n14 Functions of music festival roundtable\n\n> The functions of the music festival roundtable are—\n> \n> > (a) to support the growth of the music festival industry in the State, and\n> \n> > (b) to support the safety of patrons of music festivals by—\n> > \n> > > (i) conducting reviews of regulatory schemes that are relevant to music festivals, and\n> > \n> > > (ii) providing advice to government and industry about best practice in relation to the safe operation of music festivals, and\n> \n> > (b1) to provide advice to the Secretary about whether a proposed music festival requires an agreed health and medical plan, and\n> \n> > (c) to conduct reviews of legislation, reports, advice and other matters that are relevant to the operation of music festivals, and\n> \n> > (d) to address any unforeseen consequences from the enactment of this Act.\n> \n> **s 14:** Am 2024 No 61, Sch 1\\[31\\].","sortOrder":23},{"sectionNumber":"15","sectionType":"section","heading":"Co-chairs of music festival roundtable","content":"#### 15 Co-chairs of music festival roundtable\n\n15 Co-chairs of music festival roundtable\n\n> The music festival roundtable is to be co-chaired by the following members of the roundtable—\n> \n> > (a) a member chosen by the Minister to represent the Government,\n> \n> > (b) a member chosen by industry representatives who are members of the roundtable.\n> \n> **s 15:** Am 2023 No 35, Sch 4.28. Subst 2024 No 61, Sch 1\\[32\\].\n> \n> **pt 4, div 2:** Rep 2024 No 61, Sch 1\\[33\\].","sortOrder":24},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16–19 (Repealed)","sortOrder":25},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":27},{"sectionNumber":"19A","sectionType":"section","heading":"Protection from personal liability","content":"#### 19A Protection from personal liability\n\n19A Protection from personal liability\n\n> > (1) A protected person is not personally subject to liability for anything done—\n> > \n> > > (a) in good faith, and\n> > \n> > > (b) for the purpose of exercising a function conferred or imposed on the protected person under, or in the course of the administration of, this Act.\n> \n> > (2) The liability instead attaches to the Crown.\n> \n> > (3) In this section—\n> > \n> > done includes omitted to be done.\n> > \n> > liability means civil liability and includes action, claim or demand.\n> > \n> > protected person means the following—\n> > \n> > > (a) the Health Secretary,\n> > \n> > > (b) the Secretary,\n> > \n> > > (c) a Public Service employee within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040),\n> > \n> > > (d) a member of ILGA,\n> > \n> > > (e) a consultant engaged by ILGA under the [Gaming and Liquor Administration Act 2007](/view/html/inforce/current/act-2007-091), section 9,\n> > \n> > > (f) a member of staff of the NSW Health Service,\n> > \n> > > (g) a police officer.\n> \n> **s 19A:** Ins 2021 No 32, Sch 1.12\\[10\\]. Am 2022 No 59, Sch 3.45; 2024 No 61, Sch 1\\[35\\].","sortOrder":28},{"sectionNumber":"19B","sectionType":"section","heading":"Minister may publish guidelines","content":"#### 19B Minister may publish guidelines\n\n19B Minister may publish guidelines\n\n> > (1) The Minister may publish guidelines on a NSW Government website about best practice standards for music festivals.\n> \n> > (2) Without limiting subsection (1), the guidelines may provide for the following—\n> > \n> > > (a) matters relating to giving notice about upcoming music festivals,\n> > \n> > > (b) matters relating to information sharing at music festivals,\n> > \n> > > (c) matters relating to briefings about music festivals.\n> \n> **s 19B:** Ins 2024 No 61, Sch 1\\[36\\].","sortOrder":29},{"sectionNumber":"19C","sectionType":"section","heading":"Appeal against imposition of government charges in relation to music festivals","content":"#### 19C Appeal against imposition of government charges in relation to music festivals\n\n19C Appeal against imposition of government charges in relation to music festivals\n\n> > (1) This section applies if, under an Act, an amount is payable by a music festival organiser to the State or a government sector agency in relation to the music festival.\n> \n> > (2) The music festival organiser may apply to the Secretary for the amount to be waived or reduced in accordance with an order made by the Minister under section 19D.\n> \n> > (3) An application may be made under subsection (2) only on the following grounds—\n> > \n> > > (a) exceptional circumstances apply,\n> > \n> > > (b) payment of the amount would impact on the financial viability of the music festival.\n> \n> > (4) The Secretary must refer an application received under subsection (2) to a panel (the music festivals panel) consisting of the following members—\n> > \n> > > (a) a member representing the Premier’s Department nominated by the Secretary of the Premier’s Department,\n> > \n> > > (b) a person representing Sound NSW nominated by the Head of Sound NSW,\n> > \n> > > (c) a person representing Destination NSW nominated by the Chief Executive Officer of Destination NSW.\n> \n> > (5) The music festivals panel must consider the application and—\n> > \n> > > (a) decide to waive or reduce the amount payable, or\n> > \n> > > (b) refuse to waive or reduce the amount payable.\n> \n> > (6) As soon as practicable after the music festivals panel makes a decision under subsection (5), the Secretary must give the following persons written notice of the decision—\n> > \n> > > (a) the music festival organiser,\n> > \n> > > (b) the head of the government sector agency to whom the fee is or would have been payable.\n> \n> > (7) In this section—\n> > \n> > government sector agency has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> > \n> > head, of a government sector agency, has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> **s 19C:** Ins 2024 No 61, Sch 1\\[36\\].","sortOrder":30},{"sectionNumber":"19D","sectionType":"section","heading":"Minister may make order for purposes of section 19C","content":"#### 19D Minister may make order for purposes of section 19C\n\n19D Minister may make order for purposes of section 19C\n\n> > (1) The Minister may make an order establishing a process for the waiver and reduction of amounts payable to the State or a government sector agency in relation to a music festival for the purposes of section 19C.\n> \n> > (2) Without limiting subsection (1), an order may provide for the following—\n> > \n> > > (a) the process for making applications, including the timeframes for making applications,\n> > \n> > > (b) the criteria to be used in assessing applications and deciding whether to waive or reduce amounts payable.\n> \n> **s 19D:** Ins 2024 No 61, Sch 1\\[36\\].","sortOrder":31},{"sectionNumber":"20","sectionType":"section","heading":"Delegation","content":"#### 20 Delegation\n\n20 Delegation\n\n> > (1) An office holder may delegate the exercise of a function of the office holder under this Act, other than this power of delegation, to—\n> > \n> > > (a) a person employed in the department in which this Act is administered, or\n> > \n> > > (b) a person, or a class of persons, authorised for the purposes of this section by the regulations.\n> \n> > (2) In this section—\n> > \n> > office holder means the following—\n> > \n> > > (a) the Minister,\n> > \n> > > (b) the Secretary,\n> > \n> > > (c) the Health Secretary.\n> \n> **s 20:** Subst 2024 No 61, Sch 1\\[37\\].","sortOrder":32},{"sectionNumber":"20A","sectionType":"section","heading":null,"content":"#### 20A\n\n20A (Repealed)","sortOrder":33},{"sectionNumber":"21","sectionType":"section","heading":"Regulations","content":"#### 21 Regulations\n\n21 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) Without limiting subsection (1), the regulations may provide for—\n> > \n> > > (a) matters in relation to the music festival roundtable, including—\n> > > \n> > > > (i) the membership of the roundtable, and\n> > > \n> > > > (ii) the way in which the roundtable will operate, and\n> > \n> > > (b) timeframes for dealing with matters under this Act.\n> \n> **s 21:** Am 2024 No 61, Sch 1\\[38\\].","sortOrder":35},{"sectionNumber":"Part 6","sectionType":"part","heading":null,"content":"# Part 6\n\nPart 6\n\n22 (Repealed)\n\n**pt 6:** Rep 2024 No 61, Sch 1\\[40\\].\n\n**s 22:** Rep 2024 No 61, Sch 1\\[39\\] (transferred to Sch 1, sec 1).","sortOrder":36},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 1 Savings and transitional provisions\n\nSchedule 1 Savings and transitional provisions\n\n**sch 1:** Ins 2024 No 61, Sch 1\\[41\\].","sortOrder":37}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act was originally introduced in direct response to drug-related deaths at NSW music festivals, with a primary focus on harm reduction and medical safety planning. However, through successive amendments (2021, 2023, 2024), the scope appears to have broadened or been refined — likely expanding what types of events are covered, adjusting compliance obligations, or modifying enforcement powers. The transfer of ministerial responsibility to the newly created 'Minister for Music and the Night-time Economy' also signals a shift from a purely safety-and-health framing toward a broader cultural and economic policy context, suggesting the Act's purpose has evolved beyond its original narrow harm-reduction intent."},"complexity_factors":["Multiple amendments since 2019 (six versions in five years) create a layered legislative history that requires tracking across point-in-time versions","Interacts with multiple other regulatory frameworks including public health law, liquor licensing, and event permitting regimes","The definition of a 'high risk' music festival (triggering licensing obligations) likely involves nuanced criteria not visible in this extract","Medical and health management plan requirements involve technical public health standards, not just legal compliance","Enforcement powers likely span multiple agencies (NSW Health, Police, local councils) creating jurisdictional complexity","Responsibility falls under the Minister for Music and the Night-time Economy — a relatively new and evolving portfolio with unclear boundary with other ministerial responsibilities","The Act's scope and thresholds for what constitutes a covered festival may be subject to regulatory (subordinate legislation) definition, adding another layer to navigate"],"plain_english_summary":"The Music Festivals Act 2019 (NSW) creates a regulatory regime for large or high‑risk music festivals, making organisers responsible for meeting government safety and medical standards before events proceed. It affects festival promoters, venues, attendees and emergency/health providers by tying licences and approval to demonstrable plans for on‑site care and harm reduction. The law matters because non‑compliance can stop events or trigger penalties and aims to reduce drug‑related harm at festivals."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The 2024 amendments recalibrate scope and procedures: they entrench an agreed health and medical plan regime with Secretary/Health Secretary approval (s 5, s 6), introduce an appeal to ILGA (s 5A), allow Police to propose law‑enforcement conditions (s 6A), add mandatory notification and briefing requirements (s 10AA, s 10), and create a waiver/reduction process for government charges (ss 19C–19D). Transitional provisions in Schedule 1 (Pt 2) govern how pre‑existing safety management plan requirements convert to the amended regime."},"complexity_factors":["Significant delegated discretion to executive officers (Secretary, Health Secretary) to determine which festivals need agreed plans and to approve changes (ss 5, 6, 9).","Cross‑agency inputs and potential operational conditions from Police and health agencies (s 5(2)(b), 6A(2)–(5)).","Interlocking enforcement regime via the Gaming and Liquor Administration Act and inspectors, and penalty‑notice treatment for certain offences (s 12).","Multiple compliance obligations with recordkeeping, briefings and on‑site availability of plans (ss 8, 10, 11).","Appeal route to ILGA limited to a specific ground and regulated timeframes (s 5A).","Regulations, Guidelines and other instruments determine key thresholds, timeframes and forms (Definitions; s 21).","Recent amendments and transitional rules change how prior safety plans map to the health/medical plan regime (Sch 1 Pt 2; ss 3–6 Sch 1)."],"plain_english_summary":"This Act makes organisers of large ticketed music festivals (not short “concerts”) prepare health and medical plans; the Secretary decides which festivals need an “agreed” plan and the Health Secretary must agree before the event proceeds (ss 5–6). It requires briefings, an incident register, on‑site copies of plans and creates offences and penalties for non‑compliance. Decision‑makers (Secretary, Health Secretary, Commissioner of Police) can impose conditions; organisers bear compliance costs, may appeal determinations to ILGA and can apply for government fee waivers (ss 5A, 6A, 19C–19D)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2019 harm-minimisation focus. The 2024 amendments (Music Festivals Amendment Act 2024) added: (1) an appeals mechanism to ILGA challenging risk determinations; (2) a financial hardship/waiver scheme for government charges involving a multi-agency panel (Sound NSW, Destination NSW, Premier's Department); (3) statutory objects explicitly supporting industry development and employment; (4) enhanced roundtable functions including regulatory reviews; and (5) ministerial guideline-making powers. The original Act was narrowly focused on health planning and police safety conditions; the amended version operates as broader industry support and economic viability legislation while maintaining the safety framework."},"complexity_factors":["Multiple overlapping decision-makers: Secretary, Health Secretary, Commissioner of Police, ILGA, and Music Festival Roundtable each have distinct roles in determining plan requirements and conditions","Nested conditional logic in section 5: Determination of 'agreed health and medical plan' depends on historical medical events across multiple timeframes (3-year lookback, 'last 3 festivals' alternative calculation)","Cross-referencing to external documents: 'Guidelines for Music Festival Event Organisers' is incorporated by reference and 'as in force from time to time', creating moving regulatory targets","Dual-track compliance: Different rules apply depending on whether Secretary determines plan is 'agreed' (requiring approval) or not (organiser prepares but no approval needed)","Integration with liquor licensing: Law enforcement schedules can attach to either the health plan OR the liquor licence (section 6A), creating parallel enforcement pathways","Transitional provisions in Schedule 1 create temporary parallel regimes for festivals straddling the October 2024 amendment date","19 defined terms in section 3, several with nested sub-definitions (e.g., 'medical event' and 'prescribed medical event' defined within section 5)","Delegated legislative framework: Multiple matters 'prescribed by regulations' including critical timeframes for notifications and appeals"],"plain_english_summary":"**What this law does:**\n\nThis law sets up a regulatory scheme for **music festivals** in New South Wales—specifically large events (2,000+ people) that are music or dance-focused, ticketed, and held in a defined area. It doesn't apply to smaller \"concerts\" (under 5 hours, single stage, max 4 performers).\n\n**Key requirements for festival organisers:**\n\n- **Health and medical plans**: The Secretary (a senior public servant) decides which festivals need an **agreed health and medical plan** based on risk factors—particularly any history of drug-related deaths, ICU admissions, or intubations at previous events. If required, organisers must submit a plan to the Health Secretary for approval, following official guidelines.\n- **Police involvement**: The Commissioner of Police can propose safety and law enforcement conditions for high-risk festivals, which get attached to the health plan or liquor licence.\n- **Mandatory briefings**: Organisers must hold pre-festival briefings with health staff if requested by emergency services or government agencies.\n- **Incident registers**: Organisers must keep detailed records of deaths, drug-related medical incidents, violence, and ejections—and keep these for 3 years.\n- **Notification**: Organisers must notify the Secretary of upcoming festivals by a set deadline.\n\n**New appeal and financial relief mechanisms (added 2024):**\n\n- Organisers can **appeal** a decision that their festival needs an agreed health plan to ILGA (the Independent Liquor and Gaming Authority), arguing they've already mitigated risks.\n- Organisers can apply to **waive or reduce government fees** if payment would threaten the festival's viability or exceptional circumstances apply. A panel including Sound NSW and Destination NSW decides these applications.\n\n**Enforcement and oversight:**\n\n- **Inspectors** from the gaming and liquor sector police this law, with powers to enter premises and issue penalty notices.\n- A **Music Festival Roundtable**—co-chaired by government and industry—advises on safety, regulation, and industry growth.\n- **Protection from liability** for officials acting in good faith.\n\n**Why it matters:**\n\nThis law was created after multiple drug-related deaths at NSW music festivals. It attempts to balance **harm minimisation** (drug safety, medical readiness) with **supporting the live music industry**. The 2024 amendments streamlined the system—replacing broader \"safety management plans\" with more targeted \"health and medical plans\"—while adding appeal rights and financial hardship provisions to reduce regulatory burden on smaller or struggling operators."}},"importantCases":[],"_links":{"self":"/api/acts/music-festivals-act-2019","history":"/api/acts/music-festivals-act-2019/history","analysis":"/api/acts/music-festivals-act-2019/analysis","conflicts":"/api/acts/music-festivals-act-2019/conflicts","importantCases":"/api/acts/music-festivals-act-2019/important-cases","documents":"/api/acts/music-festivals-act-2019/documents"}}