Major Events Act 2013

The Act builds on a handful of statutory concepts and definitions that determine when and how the powers operate.

Major event and major event period, declaration: A major event is an event declared under Part 2 (s 4). Declarations may be made by the Minister (notice in the Gazette, ss 6A, 6B) or by the Governor by regulation (s 7). Declarations must specify the major event period for the event (s 6B(1)(b); s 7(2)(b)). The major event period may include set up and pack down (s 6B(4); s 7(6)).

Major event venue and controlled area: A major event venue is any venue, media centre, infrastructure or other place specified in the declaration for the event. The definition explicitly includes public places within 50 metres of a specified venue if so specified in the declaration (s 5(b)), and the declaration can nominate any other place for the purposes of the definition (s 5(c)). A declared controlled area may include roads, road‑related areas, bridges, footpaths and other public places within the vicinity of the venue (s 6B(2); s 7(4)).

Sales control period and prescribed articles: The Minister or regulations may declare a sales control period and prescribe classes of articles as prescribed articles for the purposes of sales restrictions (s 6B(1)(h)-(i); s 7(3)(c)-(d)). During a sales control period it is an offence to sell or distribute a prescribed article in a controlled area without the written approval of the event organiser (s 8(1)).

Ambush marketing: Defined broadly in s 6 as taking advantage of the holding of a major event to promote goods or services without the event organiser’s written approval, or any activity that would suggest to a reasonable person a sponsorship, approval or affiliation with the event or organiser without written approval. The Act creates a standalone offence of ambush marketing where the section is declared to apply (s 10(1)).

Broadcasting: Division 2 prohibits unauthorised broadcasting, telecasting or transmission of sound or moving image of the event, or making sound or visual recordings for profit, from any location at or outside the venue without written approval (s 11(1)). A specific exception preserves personal mobile device use within community norms (s 11(2)).

Airspace and aerial advertising: The Minister or regulations may declare airspace within unaided sight of a venue to be advertising controlled airspace for specified periods (s 6B(1)(j); s 7(3)(e)). Section 12 prohibits causing an aircraft to enter or operate within controlled airspace or restricted area over a venue during a declared event unless permitted by or under relevant Commonwealth law, with high penalties (s 12(1)-(2)). Section 13 prohibits aerial advertising in advertising controlled airspace without written approval (s 13).

Official logos, symbols and titles: The Minister may declare specified logos or titles to be official logos or titles in respect of a declared major event (s 14). The event organiser may authorise written use (s 15); the Minister can authorise non‑commercial use (s 16). The Act prescribes what authorisations may contain, requires a register of authorisations to be maintained and made available to the public free of charge (s 17-18), and sets out permitted uses and exceptions (s 19). Unauthorised commercial or promotional use, or use that suggests a sponsorship‑like arrangement, is an offence (s 20).

Authorised persons and private enforcement: “Authorised person” for various powers largely comprises the event organiser or persons authorised in writing by the organiser, and (where relevant) the occupier or police (defined at various places, for example ss 8, 10, 26). Authorised persons have powers to direct, seize, demand information, remove vehicles and animals, and require compliance (ss 8(3)-(6), 10(3)-(7), 26).

Evidential burdens and presumptions: The Act places evidential burdens on accused persons to show written approval or consent for specified defences (for example ss 8(2), 10(2), 11(3), 13(2), 21(2), 22(2), 24(2), 26(4)). The regulations power contains presumptions in proceedings relating to vehicle ownership and parking (s 28(3)).

Forfeiture and compensation: Items seized may be forfeited on conviction (s 27(3)). Where no proceedings are instituted within three months or the defendant is acquitted, the person from whom goods were seized is entitled to recovery of the goods or market value and compensation for loss (s 27(1)-(2)).

Regulation-making and primacy: The Act gives a broad regulation-making power (s 28). Regulations declaring an event may include a clause that the regulation has effect despite any other Act (s 7(9)). The Act also contains an express provision that s 12 prevails to the extent of inconsistency with the Commonwealth Air Navigation Regulations as applied to State air navigation (s 12(2)).

The Act distributes rights and obligations across a range of actors. The primary categories of affected actors are event organisers, government decision‑makers, commercial operators and members of the public present at declared events.

Event organisers and occupiers: Event organisers are central. A declaration designates the event organiser for the event (s 6B(1)(d); s 7(2)(d)). The organiser receives statutory privileges: they control authorisations for sales, use of official insignia and broadcasting in respect of the event (ss 8, 11, 15). Organisers may authorise persons in writing to act as authorised persons with enforcement powers (ss 8, 10, 26). Obligations on organisers include maintaining a register of authorisations and making it publicly available free of charge (s 18) and, where regulations require, preparing a major event plan (s 7(2)(e)).

Ministers and the Governor: The Minister may make declarations by Gazette (ss 6A, 6B), declare official logos/titles (s 14), and authorise non‑commercial use of logos (s 16). Declarations give statutory effect to the regime. The Governor may declare events by regulation (s 7). The Minister must consult the local council before declaring (s 6B(3); s 7(5)). The regulation power can include provisions that operate notwithstanding other Acts (s 7(9)).

Commercial vendors and suppliers: Food and merchandise sellers, street vendors, mobile sellers and third party marketers in or near venues fall within scope. During sales control periods and within controlled areas, selling or distributing prescribed articles requires the event organiser’s written approval (s 8(1)). Businesses risk seizure of goods and significant fines where they engage in ambush marketing (s 10) or unauthorised sales (s 8).

Sponsors and rights‑holders: Sponsors who have exclusivity rights from the organiser obtain statutory protection: the regime is designed to prevent unauthorised commercial exploitation that would suggest sponsorship or affiliation (s 3(d); s 6). The Act gives organisers mechanisms to protect commercial agreements through civil and regulatory means.

Broadcasters, media and content creators: Broadcasting of event images or sound for profit or gain from any location without the organiser’s written approval is prohibited where the section applies (s 11(1)). Journalists and media remain able to use official insignia for reporting, criticism, professional advice and study, but not for promotional uses (s 19(2)-(3)). A narrow community‑norms exception protects incidental personal mobile device use (s 11(2)).

Aircraft operators, aerial advertisers and CASA-regulated parties: The Act addresses airspace and aerial advertising. Operators must avoid causing or operating aircraft in controlled airspace or restricted areas over venues without permission under Commonwealth law (s 12(1)). Advertising by aircraft, banners or airborne devices in declared advertising controlled airspace is prohibited without organiser approval (s 13).

Police and authorised private agents: Police retain powers to enter venues and remove persons on specific grounds and may use reasonable force (s 25). Authorised persons include occupiers, event organisers, persons authorised in writing and police (s 26). Private individuals authorised in writing by organisers exercise enforcement powers such as direction and seizure (see ss 8, 10, 26). That places on the organiser the decision on delegation and supervision.

Local government and the public: The Minister must consult relevant councils before declaring an event (s 6B(3); s 7(5)). The public and attendees are affected by entry controls, condition‑of‑entry regimes and restrictions on behaviour and possession (ss 21-24). The Act also contemplates closure of specified roads and restrictions on vehicle driving, parking and standing (s 6B(1)(e); s 7(2)(h)-(i)).

Legal and compliance advisors: Lawyers, compliance officers and advisers to event organisers, sponsors and vendors must operate within the statutory authorisation framework, manage documentation proving written approvals, and plan for seizure and evidential risks where prosecutions may follow (see ss 8(2), 10(2), 11(3), 13(2), 27).

In aggregate, the Act affects both private commercial actors who would seek to commercialise presence at or near an event, and the organisers and state actors who seek to control commercial exploitation, broadcasting and safety within declared areas and periods.

The Act sets out duties and rights that attach to the Minister and Governor, the event organiser and occupier, authorised persons, attendees and third parties.

Duties and decision points for the Minister and Governor: The Minister may declare events, venues, controlled areas, sales control periods, prescribed classes of articles and advertising controlled airspace (s 6B(1)). Before making a Ministerial declaration, the Minister must consult the local council in whose area the event is to be held or whose area will be directly affected (s 6B(3)). The Governor may make equivalent declarations by regulation and may require a major event plan from the organiser (s 7(2)(e)); regulation‑making under s 7 includes a requirement for pre‑regulation consultation with council (s 7(5)). The Minister must be satisfied that logos/titles are sufficiently connected to the event identity and that commercial arrangements are likely to be adversely affected by unauthorised use before declaring official insignia (s 14(2)). The Minister may require publication of such declarations in a newspaper and determine the form and content of that notice (s 14(3)-(4)).

Duties and discretionary powers of event organisers and occupiers: Event organisers must maintain a register of authorisations for use of official logos/titles and make that register available to the public free of charge (s 18(1)(a)-(c)). Event organisers may authorise in writing persons to exercise enforcement powers under the Act (e.g. an “authorised person” under ss 8, 10, 26). Authorisations may contain reasonable terms and conditions and will expire in accordance with s 17. Event organisers and occupiers may promulgate conditions of entry; police may enforce removal for breaches of conditions only where conditions are reasonably required and promulgated in a reasonably prominent way (s 25(4)).

Duties on persons within declared areas and incisive evidentiary burdens: Persons must not sell or distribute prescribed articles in a controlled area during a sales control period without written approval of the event organiser (s 8(1)). They must not participate in ambush marketing where s 10 applies (s 10(1)). They must not broadcast images or sound for profit without approval where s 11 applies (s 11(1)). They must not display aerial advertising in advertising controlled airspace without written approval (s 13(1)). They must not use official logos or titles for commercial or promotional purposes, or in a way that suggests sponsorship, without authorisation (s 20(1)). Many of these provisions place an evidential burden on the accused to show the existence of written approval or consent (e.g. ss 8(2), 10(2), 11(3), 13(2), 21(2), 22(2), 24(2), 26(4)).

Powers of authorised persons: Authorised persons (defined in relevant sections as the event organiser or persons authorised in writing by the organiser, and in some cases also the occupier or police) may give directions to remove articles or cease activities, seize articles after non‑compliance, require people to state their full name and usual place of residence where the authorised person reasonably suspects an offence, and require removal of vehicles or animals (ss 8(3)-(6), 10(3)-(7), 26(1)-(2)). Non‑compliance with directions is an offence (ss 8(4), 10(4), 10(6)).

Rights and exceptions for the public and others: The Act creates limited statutory exceptions. Section 11(2) excludes from the unauthorised broadcasting prohibition use of a personal mobile electronic device “within limits of what would be generally accepted in the community as normal incidents of social interaction.” Section 19(2) allows incidental use of official logos/titles for information, reporting, criticism and professional advice, but bars promotional uses and sponsorship‑like suggestions in those exemptions (s 19(3)). Persons deprived of seized items have statutory remedies: if no proceedings are instituted within three months, or a defendant is acquitted, the person is entitled to recover goods or market value and compensation for loss (s 27(1)-(2)). The court may order forfeiture of goods on conviction (s 27(3)).

Regulatory and administrative powers: The Governor can make regulations to declare an event and to fix penalties not exceeding $1 250 (s 7(2)(j)-(k)). The broader regulations power in s 28 permits regulations of general or limited application and allows delegations or discretions to the Minister or other prescribed persons (s 28(2)(c)). Regulations may include procedural presumptions in proceedings relating to vehicle ownership and parking (s 28(3)).

In short, duties and rights are concentrated on the Minister, the event organiser and authorised persons who may lawfully restrict, direct and seize within declared parameters, and on third parties who must either obtain written authorisation or remain subject to statutory offence provisions and enforcement measures.

The Act prescribes a range of monetary penalties, potential imprisonment in specified cases, and operational enforcement mechanisms including directions, seizure and forfeiture. The Act distinguishes penalties for bodies corporate and natural persons in many provisions.

Monetary penalties and imprisonment: Key maximum penalties are tiered by offence:

• Sale/distribution of prescribed articles without written approval (s 8(1)): maximum penalty $25 000 for a body corporate, $5 000 for a natural person. Failure to comply with an authorised person’s direction under s 8(3) carries a maximum penalty of $5 000 (s 8(4)).
• Ambush marketing where s 10 applies (s 10(1)): maximum penalty $250 000 for a body corporate, $50 000 for a natural person. Failure to comply with directions under s 10 carries comparable maximum penalties (s 10(4)-(6)).
• Unauthorised broadcasting where s 11 applies (s 11(1)): maximum penalty $250 000 for a body corporate, $50 000 for a natural person.
• Control of airspace breach where s 12 applies (s 12(1)): maximum penalty $500 000 for a body corporate, $100 000 for a natural person.
• Aerial advertising in advertising controlled airspace without written approval (s 13(1)): maximum penalty $500 000 for a body corporate, $100 000 for a natural person.
• Unauthorised use of official logos or titles for commercial/promotional purposes or to suggest sponsorship (s 20(1)): maximum penalty $250 000 for a body corporate, $50 000 for a natural person.
• Entry offences and minor venue contraventions carry lower maxima: entering a venue without paying fee or consent (s 21(1)) maximum penalty $750 (expiation fee $105); entering or leaving other than designated points (s 21(3)) maximum penalty $750 (expiation fee $105); entering restricted areas without consent (s 24(1)) maximum penalty $750 (expiation $105).
• Possession of flares or explosive devices inside venue (s 22(1)): maximum penalty $5 000 or imprisonment for 1 year.
• Obstruction or interference at the venue (s 23): maximum penalty $5 000 or imprisonment for 1 year.
• Remaining after being ordered to leave or re‑entering within 24 hours (s 25(3)): maximum penalty $2 500 or imprisonment for 6 months.
• Refusal to comply with requirement of an authorised person under s 26(3): maximum penalty $2 500 or imprisonment for 6 months.
• Falsely purporting to have the powers of an authorised person (s 26(6)): maximum penalty $750.

Enforcement powers and procedures: Authorised persons may give directions to cease an activity, remove or obscure items and seize items if directions are not complied with (ss 8(3)-(6); 10(3)-(7); 19(4); 20(3)). The Act specifies that authorised persons include the event organiser and persons authorised in writing by the organiser for the purposes of the relevant powers (see definitions in ss 8, 10, 26, 20). Police have express power to enter a major event venue and order persons to leave, use reasonable force to remove persons or act in relation to persons suspected of committing offences (s 25(1)-(2)).

Seizure and forfeiture: If items are seized under the Act, and no proceedings are instituted within three months of seizure, or after proceedings a defendant is not convicted, the person from whom they were seized is entitled to recover the items or market value and compensation for loss (s 27(1)-(2)). Conviction allows the court to order forfeiture of items to the Crown (s 27(3)), and the Minister may direct disposal of forfeited goods with sale proceeds to be paid into the Consolidated Account (s 27(4)).

Evidential burdens and presumptions: The Act places evidential burdens on accused persons to show approval or consent in multiple provisions (for example ss 8(2), 10(2), 11(3), 13(2), 21(2), 22(2), 24(2), 26(4)). The regulations power includes procedural presumptions about vehicle ownership and parking that will be taken as proved in the absence of proof to the contrary (s 28(3)). Section 26(7) creates a prima facie acceptance rule in proceedings that a person named in a complaint was an authorised person in the absence of proof to the contrary, effectively creating an evidentiary advantage for complainants.

Administrative remedies and limits: Seizures may be made by private authorised persons (organisers or those they authorise) as well as police. Where seizure is made, the owner may pursue compensation action in any court of competent jurisdiction against the relevant event organiser (s 27(2)). The Act also provides expiation fees for certain low level entry contraventions (s 21).

Taken together, the penalties and enforcement architecture give substantial remedy and deterrence options to event organisers and the State, including heavy fines for corporate actors, seizure and potential forfeiture, and the ability to have private authorised persons exercise enforcement powers. The evidentiary design shifts the initial burden to accused persons to produce proof of authorisation or consent in many circumstances.

The Act contains multiple provisions that cross‑refer to and interact with other statutory regimes, and it authorises regulatory design that may have primacy over other Acts in particular circumstances.

Definitions and cross‑references: The Act adopts definitions from other State statutes where relevant. For example, “council” is defined to have the same meaning as in the Local Government Act 1999 (s 4). “Road” and “road‑related area” adopt the meanings in the Road Traffic Act 1961 (s 4). “Assistance dog” is defined by reference to the Dog and Cat Management Act 1995 where that amendment was made (s 26, legislative history).

Air navigation and Commonwealth law: The Act regulates State air navigation in relation to major events (s 12). Section 12(1) prohibits causing an aircraft to enter or operate within controlled airspace or restricted area over a major event venue unless permitted to do so by or under relevant Commonwealth law. Section 12(2) expressly provides that the provisions of s 12 prevail to the extent of any inconsistency between that section and the Commonwealth Air Navigation Regulations as applied to State air navigation by the Air Navigation Act 1937. That is a specific, limited note on interaction with Commonwealth aviation rules as applied in State matters.

Regulatory primacy: Regulations declaring events may be made to have effect despite the provisions of any other Act (s 7(9)). That clause permits a regulation that declares an event to operate notwithstanding other State legislation, subject to constitutional limits. The Act’s general regulations power (s 28) allows regulations that delegate matters to the Minister or another prescribed person or authority (s 28(2)(c)), which creates scope for administrative discretion and operational detail to be set out by regulation rather than statute.

Broadcasting, copyright and media law: The Act’s broadcasting prohibition (s 11) targets unauthorised commercial broadcasting or recording for profit. It contains a carve‑out for personal mobile device use to a degree, and it preserves permitted uses of official insignia for reporting and criticism (s 19). The Act sits alongside Commonwealth and State broadcasting, telecommunications and copyright laws; practitioners will need to evaluate overlap in particular cases, especially where enforcement might engage freedom of communication or copyright licensing arrangements. The Act places an evidential burden on the accused to show written approval; it does not expressly displace statutory licences or copyright exceptions but may constrain commercial exploitation of audiovisual recordings.

Local government and traffic laws: Declarations may close specified roads for specified periods and restrict driving, parking or standing at venues (s 6B(1)(e); s 7(2)(h)-(i)). The definitions of road and road‑related area draw from the Road Traffic Act 1961 (s 4). Regulations may create offences with penalties in relation to driving and parking and include procedural presumptions in proceedings (s 7(2)(k); s 28(3)). Local councils must be consulted before declarations are made (s 6B(3); s 7(5)).

Property and civil rights: The Act authorises seizure of goods by authorised persons and potential forfeiture on conviction while also creating a short statutory window (three months) for the event organiser to institute proceedings before a right to recovery and compensation arises for the person from whom goods were seized (s 27(1)-(2)). That creates an interaction with civil property law and remedies: affected persons can sue for recovery or compensation in a court of competent jurisdiction (s 27(2)).

Administrative law and delegation: The Act permits the Minister to authorise the event organiser to authorise persons in writing to exercise powers; regulations may delegate discretion to the Minister or another authority (s 28(2)(c)). Those delegations and the exercise of discretion by the Minister or event organiser will be subject to administrative law review in the ordinary way where they are not insulated by statute, though the Act’s express power in s 7(9) to have regulation operate despite other Acts and s 12(2)’s cross‑jurisdictional primacy in aviation are notable.

In short, the Act is designed to operate alongside existing local government, traffic, aviation and media laws, but it contains express provisions allowing declarations or regulations to operate despite other Acts in particular respects and contains an express primacy provision for aviation inconsistencies. Practitioners should treat the Act as an overlay that confers event‑specific powers which may require coordination with other statutory regimes and regulatory permissions, particularly in relation to air navigation and broadcasting rights.

The legislative history set out in the Act document records the principal Act and subsequent amending Acts together with details of provisions varied and commencement dates.

Principal Act and commencement:

• Major Events Act 2013 (No 63 of 2013). Assent 21 November 2013. Commenced 22 December 2013 (Gazette 19.12.2013 p 4925).

Subsequent amendments and relevant particulars:

• Dog and Cat Management (Miscellaneous) Amendment Act 2016 (No 33 of 2016). Assent 14 July 2016. Amended s 26(2) and inserted the definition of “assistance dog” by Schedule 1 cl 4. Commencement for the Schedule provision was 1 July 2017 (Gazette 19.4.2017 p 1101). This amendment modified s 26(2) to reflect updated animal management terminology and substituted the assistance dog definition referencing the Dog and Cat Management Act 1995.

• Statutes Amendment and Repeal (Simplify) Act 2017 (No 7 of 2017). Assent 15 March 2017. This Act made multiple modifications: it substituted the definition of major event venue (s 5) (commenced 15.3.2017), inserted new ss 6A and 6B (declaration mechanisms by Minister) (s 73) (15.3.2017), amended s 7 (declaration by regulation) including removing some subsections, and inserted s 28 (regulations) (s 75) (15.3.2017). It also varied numerous definitions in s 4, substituted the major event period definition, and otherwise restructured Part 2. The legislative history lists specific clauses changed, and those changes mostly commenced on 15 March 2017.

• Fair Trading (Ticket Scalping) Amendment Act 2018 (No 20 of 2018). Assent 25 October 2018. Schedule 1 cl 1 (containing an amendment) commenced on 10 December 2018 (Gazette 29.11.2018 p 4057). The legislative history shows that section 9 was deleted by this Act (s 9 deleted by 20/2018 Sch 1 cl 1, effective 10.12.2018). The historical table indicates which provisions were varied or deleted by this amending Act.

Provisional notes in the legislative history table:

• Several definitions and provisions were explicitly substituted or amended by the 2017 Act (7/2017) with various commencement entries. For example, s 5, ss 6A and 6B were substituted/inserted by the 2017 Act; s 7(1) was deleted, s 7(2)-(4) were amended. Section 28 was inserted by the 2017 Act. The history also records that s 26(2) was amended by the 2016 Act and that “assistance dog” was inserted as a defined term in 2016, while “guide dog” was deleted.

Practical effect of amendments: The 2017 amendments notably reworked the declaration machinery, adding the Ministerial notice route (ss 6A-6B) alongside Governor in Council regulations (s 7), and strengthening the regulation‑making and primacy features of the regime (including s 7(9) and the insertion of s 28). The 2016 amendment updated definitions relating to animals and authorised persons. The 2018 change removed a provision previously numbered s 9; the legislative history does not reproduce the deleted text.

The legislative history entry provides the dates of assent and commencement for the principal Act and for the listed amending Acts, and records which provisions were varied, substituted or deleted. The legislative history also contains a general editorial note cautioning that references to other legislation may not be automatically updated and may be obsolete.

The text and legislative history provided with the Act do not record any judicial decisions, prosecutions or case law interpreting the Major Events Act 2013. The Act’s legislative history section lists the principal Act and amending Acts but contains no entries describing litigation or reported court decisions.

In the absence of reported cases in the provided material, there are no judicial interpretations in this source to cite on key issues such as the scope of ambush marketing (s 6), the proper exercise of seizure powers by private authorised persons, the limits of evidential burden provisions, the application of s 12 in relation to Commonwealth aviation law, or the interface between broadcasting prohibitions and media freedoms. Practitioners should therefore be aware that the statutory text contains features likely to generate litigation where enforcement is contested: reverse evidential burdens, private seizure by non‑police authorised persons, regulation of broadcasting and airspace, and the potential for s 7(9) regulations to displace other legislative protections.

For authoritative case law, practitioners will need to search South Australian judicial and tribunal databases, and Commonwealth appellate decisions where federal or constitutional questions may arise, for any decisions post‑dating the legislative history in the source. The absence of litigation history in the Act itself should not be treated as evidence that the provisions are unlitigated; it merely reflects that the legislative documents list legislative amendments and not judicial outcomes.

The Act contains several specific features and drafting choices that create practical and legal pitfalls for organisers, vendors, broadcasters and enforcement staff. These are matters where compliance or litigation risk often arises.

Evidential burden on the accused: Multiple provisions place an evidential burden on an accused person to show that they had approval or consent (for example ss 8(2), 10(2), 11(3), 13(2), 21(2), 22(2), 24(2), 26(4)). That is not an onus to prove innocence beyond reasonable doubt but it requires the accused to adduce evidence to raise a reasonable doubt on the issue of authorisation. Practitioners should note this shift in evidentiary positioning and the forms of proof that may be required (written approvals, contemporaneous records).

Private authorised persons with seizure powers: The Act permits the event organiser to authorise in writing private persons to exercise enforcement powers, including directions and seizure (ss 8, 10, 26). That delegates regulatory power to private actors. Organisers must ensure authorisations are documented, terms of delegation are clear, authorised persons are trained, and identity cards are available (s 26(5)). Vendors and members of the public need to be aware that seizure may be carried out by organisers’ agents rather than police.

Temporal and spatial scope is declaration‑driven: The regime applies only when the Minister or Governor has declared an event and specified the period, venue and controlled areas (ss 6A, 6B, 7). The definition of major event venue is expressly limited to the declared period (s 5, last sentence). Sales control periods may include setup and pack down (s 6B(4); s 7(6)), which can extend restrictions beyond the attractor days. Moreover, controlled areas may extend to public places within 50 metres of a specified venue if so declared (s 5(b)), a concrete expansion of geographic reach that vendors and property managers must check.

Regulations may have primacy: A regulation under s 7 may have effect despite other Acts (s 7(9)). That creates the potential for a regulation to override provisions in other State laws, subject to legal limits. Practitioners should examine the text of any specific regulation and seek clarity on whether it purports to operate notwithstanding other statutes.

Public register and publicity obligations: Where the Minister declares official insignia, the Minister may require the organiser to publish a notice in a newspaper (s 14(3)). Organisers must maintain a register of authorisations and make it publicly available free of charge during ordinary office hours (s 18(1)). Failure to maintain accurate public records could be a source of dispute in cases alleging unauthorised use.

Narrow personal device exception: Section 11(2) exempts personal mobile device use only “within limits of what would be generally accepted in the community as normal incidents of social interaction.” That language is imprecise and may give rise to enforcement disputes about what constitutes normal social interaction versus unauthorised broadcasting for profit. Commercial use remains prohibited.

Short seizure window and compensation mechanics: The person from whom goods are seized is entitled to recover goods or compensation if no proceedings are instituted within three months of seizure or the defendant is acquitted (s 27(1)). Organisers who seize goods must therefore consider the short statutory window; conversely, persons aggrieved by seizure must act promptly to seek recovery and compensation.

Broad definitions of ambush marketing and sponsorship‑like suggestions: The statutory definition of ambush marketing includes “any other activity that would suggest to a reasonable person” sponsorship or affiliation (s 6). The reasonable person standard can be fact‑sensitive and open to debate. Likewise, the logo/title offence (s 20) uses the phrase “would suggest a sponsorship‑like arrangement to a reasonable person.” Those phrases create interpretive risk in enforcement actions.

Authorisation expiry and scope: Authorisations under ss 15-16 are subject to terms and conditions the event organiser or Minister thinks reasonable and expire at the earlier of the stated expiration date or 12 months after the end of the event if no date is specified (s 17). Practically, that requires careful drafting of authorisation documents to avoid unintended lapses or scope disputes.

Use of private force and police powers: Police may use reasonable force to remove persons (s 25). The Act permits organisers and authorised persons to use directions and seize goods; the interface between private enforcement and public policing warrants careful operational protocols to avoid disputes over excessive force, unlawful detention or wrongful seizure.

Presumptions under regulations: Section 28(3) allows regulations to create presumptions in proceedings, such as that the owner of a vehicle parked in contravention is the owner unless proven otherwise. Those procedural presumptions can have material evidential consequences, depending on the text of the regulation.

In aggregate, the “gotchas” cluster around evidentiary burdens, private delegation of enforcement powers, the scope and duration of declarations and sales control periods, narrow exceptions and the procedural consequences of seizure. Practical compliance requires documentation, proactive authorisation processes and rapid response protocols for seized goods and contested directions.

Compliance under the Major Events Act 2013 requires different actions depending on the actor: event organisers, commercial vendors, broadcasters, aerial operators and authorised persons. The following is a practical, source‑grounded checklist and operational guidance drawn from the Act.

For event organisers and proposed organisers:

• Seek a formal designation in a declaration: ensure the Minister’s Gazette notice (ss 6A, 6B) or a Governor in Council regulation (s 7) designates the organiser and clearly specifies the major event period, major event venue, controlled area, sales control period and prescribed classes of articles if protection is desired (s 6B(1)(a)-(j); s 7(2)-(3)). Ensure the declaration specifically lists public places intended to be included (s 5(b), 6B(2)).
• Maintain written authorisations for enforcement delegation: issue written authorisations to any person to exercise powers under ss 8, 10, 19, 20, 26 and retain copies. Train authorised persons in the scope of their powers and ensure they can produce identity cards on request (s 26(5)). Ensure the register of authorisations is maintained and freely available during ordinary office hours and, if required by the Minister, published online (s 18(1)-(3)).
• Document logo and marketing control: where you seek protection for official logos or titles, work with the Minister to obtain a declaration under s 14. Issue authorisations under s 15 for commercial licensees and be prepared for Ministerial authorised non‑commercial uses (s 16). Draft clear authorisation forms specifying duration and scope as permitted by s 17.
• Promulgate conditions of entry and signage: if restricting access or designating points of entry/exit, ensure conditions of entry are reasonably required, prominently displayed and published where appropriate, because police may only act under s 25(2) where conditions are reasonably required and promulgated prominently (s 25(4)).
• Prepare seizure and compensation protocols: develop internal policies for when to issue directions, how to seize non‑compliant goods lawfully and how to document seizures to reduce civil liability, given the statutory requirement to return goods or compensate if no proceedings are instituted within three months (s 27(1)-(2)). Coordinate with legal counsel on the threshold for instituting proceedings.
• Consult local council: comply with the statutory consultation requirement with the relevant council prior to making a Ministerial declaration (s 6B(3)) or prior to the making of a regulation (s 7(5)).

For vendors, mobile sellers and local businesses:

• Obtain written approval for prescribed articles: if you intend to sell or distribute goods that may be declared prescribed articles during a declared sales control period and within a controlled area, obtain written approval from the event organiser before selling (s 8(1)).
• Keep written proof of authorization on your person and available: because the Act places an evidential burden on the accused to show approval, keep a copy of the written approval readily producible (s 8(2); s 10(2); s 11(3); s 13(2)).
• Avoid ambush marketing and unauthorised promotional activity: do not undertake activities that would suggest sponsorship or affiliation with the event without written approval (s 6; s 10). Be cautious about the use of official insignia or marks similar to such insignia; commercial use without authorisation is an offence (s 20).
• Understand seizure and removal risk: authorised persons may direct removal and seize goods after non‑compliance (ss 8(3)-(6), 10(5)-(7)). Have a plan for rapid legal response if goods are seized to preserve rights under s 27.

For broadcasters, media and content creators:

• Secure written approvals for commercial broadcasting: obtain written approval from the event organiser before broadcasting, telecasting or transmitting for profit or making recordings for profit from any place at or outside the venue where s 11 applies (s 11(1)). Maintain documentary proof of licensing arrangements.
• Rely on the s 11(2) exception carefully: personal mobile device use is preserved only within “generally accepted” community norms. If content is repurposed commercially, obtain explicit permission (s 11(2)).
• Use official insignia within permitted uses: if using logos or titles for reporting, criticism, research or education, confirm the use falls within s 19(2); avoid promotional or sponsorship‑like uses under s 19(3) and s 20.

For aircraft operators and aerial advertisers:

• Check for advertising controlled airspace declarations: verify whether the Minister has declared advertising controlled airspace in relation to the event and for what period (s 6B(1)(j); s 7(3)(e)). If so, obtain written approval from the organiser before aerial advertising in that airspace (s 13(1)).
• Secure Commonwealth aviation permissions where required: s 12 prohibits causing an aircraft to enter controlled airspace or a restricted area over a venue for State air navigation unless permitted under relevant Commonwealth law. Coordinate with CASA and obtain any necessary Commonwealth permits or instruments, given s 12(1) and the cross‑reference to Commonwealth law (s 12(1)-(2)).

For authorised persons and enforcement staff:

• Carry and produce identity cards: an authorised person (other than occupier/event organiser or uniformed police officer) must produce a copy of their identity card when requested by a person the authorised person intends to exercise powers over (s 26(5)). Keep identity documentation current and accessible.
• Follow procedural safeguards: lawfully exercise directions, record the grounds for directed removal or seizure, and observe the short timetable for instituting proceedings where seized goods are retained, to reduce risk of compensation claims (s 27(1)-(2)).

For legal and compliance advisers:

• Draft clear written approvals and authorisations: the Act emphasises written approvals as the defence. Structure authorisations to specify scope, time, territory and conditions (s 17).
• Prepare evidence bundles: because of evidential burden provisions, advise clients to keep contemporaneous records of authorisations, correspondence and licensing payments that can be tendered in proceedings (ss 8(2), 10(2), 11(3), 13(2)).
• Monitor declarations and regulations: verify whether an event has been declared under the Act and whether specific provisions (e.g. Divisions 1-4 of Part 3) are declared to apply to the event. Confirm the geographic delimitation of controlled areas, sales control periods and advertising controlled airspace in the Gazette notice or regulation (s 6B(1); s 7).

Finally, maintain a compliance calendar: track declaration commencement and expiration dates, authorisation expiry (s 17(2)), the three‑month seizure window (s 27(1)) and any required publications (s 14(3)-(4)). This operational discipline minimises legal risk and evidence deficits under the Act’s reverse evidential burden structure.