Several concepts defined or invoked by the regulation are central to understanding its operation. Major event is the threshold concept: under section 5(1) of the Act, the regulation declares the AFC Women’s Asian Cup 2026 and the Israeli Presidential Visit as major events. The description of each event is set out in sections 6(2) and 15 respectively. For the Cup, it is “a women’s football tournament sanctioned by the Asian Football Confederation and associated events” occurring in NSW during the major event period and at the major event area as specified by ministerial order in the Gazette. Associated events are defined broadly in section 5 to include training sessions, competitions, official ceremonies, community events, media events and broadcast centre activities. For the Israeli Presidential Visit, the description in section 12 (as inserted) is the “Australian Government’s Guest of Government visit by the Israeli President, Isaac Herzog, and other Israeli dignitaries, in the aftermath of the 14 December 2025 Bondi terrorist attack,” and the visit is limited to Sydney from 9 to 12 February 2026. Responsible authority is the body designated by the regulation to perform functions under the Act for the event: Destination NSW for the Cup, the Commissioner of Police for the visit. Controlled area and sales control period are not defined in the regulation but are established by ministerial order under sections 4B and 5A of the Act - the regulation cross‑references these sections in notes to section 6. Prescribed articles are likely to be specified in the Act or by order; the regulation only sets the application process for approvals to sell or distribute them (section 9). Official title and official insignia are defined in section 9A: the title “AFC Women’s Asian Cup 2026” is prescribed, and the logos, symbols and other designs approved by the responsible authority and published in the Gazette of 14 November 2025 are prescribed as official insignia. Applied provision is defined in section 17 as a provision of Part 4 of the Act that is declared to apply under section 13 of the Act to a major event. Penalty notice is the mechanism in section 19 where each offence created by an applied provision listed in Schedule 1 can be dealt with by a monetary penalty without a court hearing, at the amount specified in the schedule. Firms and individuals need to understand that these concepts are layered: the regulation declares the event, the Act’s Part 4 provisions are triggered, and the penalty notice amounts are fixed by the regulation.

The regulation affects a broad set of parties within New South Wales, but its impact is geographically and temporally limited to the major event period and controlled areas established by ministerial order. For the AFC Women’s Asian Cup 2026, the primary groups affected are: businesses and individuals who wish to sell or distribute prescribed articles (such as merchandise, food, or promotional materials) in controlled areas near venues; ticket holders and on‑sellers of tickets in those areas, because section 38 of the Act is applied; event organisers, including the Local Organising Committee AFC Women’s Asian Cup 2026 Pty Ltd, which is prescribed as a delegate of the responsible authority; employees of that committee and its contractors, who may be authorised officers; and government agencies - specifically City of Parramatta Council, Sydney Olympic Park Authority, and TfNSW - which the Minister may direct to cooperate (section 8A). The general public attending the event may also be affected if they commit any of the offences listed in Schedule 1, such as climbing structures (section 30), littering (section 43), or failing to comply with a direction (section 44). For the Israeli Presidential Visit, the responsible authority is the Commissioner of Police, which means police powers under the Act are engaged. The visit lasts only four days and is confined to Sydney; the effects fall on anyone in the vicinity of the visit’s locations, including protesters, media, and the public, who may be subject to heightened enforcement of offences such as obstructing an authorised officer (section 46) or entering a controlled area without authorisation. Contractors and government agencies providing security, logistics, or hospitality services may also be affected. Because the regulation does not itself specify the controlled areas - those are set by ministerial orders - the full scope of who is affected depends on those subsequent instruments. The penalty notice amounts in Schedule 1 differentiate between individuals and bodies corporate, with substantially higher amounts for corporations for many offences, such as $33,000 for a section 40(2) offence compared to $22,000 for an individual. This imposes a direct compliance cost on businesses operating in controlled areas.

The regulation imposes specific duties on certain parties and confers both powers and rights. For the AFC Women’s Asian Cup 2026, a key duty arises under section 9: any person who wishes to sell or distribute a prescribed article during a sales control period in a controlled area must apply to the responsible authority for a prescribed articles sales approval. The application must be in writing, accompanied by any fee determined by the responsible authority (which may be waived or reduced), specify the controlled area, and include any information or documents the authority requires. The application must be lodged at least 14 days before the beginning of the sales control period, unless the authority determines a shorter period. The duty is to submit a complete application; failure to do so allows the authority to refuse to decide it under subsection (8). The responsible authority also has a duty to decide the application within a reasonable time - subsection (9) provides that if it fails to give written notice before the beginning of the period for which approval is sought, the application is taken to be refused. This deemed refusal is a right that allows an applicant to challenge the non‑decision, but it is a trap: if the authority delays, the applicant loses the opportunity to sell during the event. The responsible authority may grant approval unconditionally or subject to conditions (subsection (6)). Applicants have a right to written notice of the decision as soon as practicable. For the Israeli Presidential Visit, no specific application duties are set out in the regulation - the duties arise from the Act itself via applied provisions. For example, section 38 of the Act (ticket onselling restrictions) is not applied to the Israeli visit; only those provisions listed in Schedule 1 are enforced via penalty notices. The regulation also imposes a duty on the prescribed government agencies to cooperate with the responsible authority if the Minister directs them to do so under section 16(2) of the Act. Agencies such as TfNSW and Parramatta Council cannot refuse. Delegation provisions give rights to the Local Organising Committee and its employees to exercise functions of the responsible authority and authorised officers respectively, but those rights are contingent on a formal delegation instrument. Finally, the regulation does not create any appeal or review rights; those would be found in the Act or general administrative law.

The regulation’s enforcement backbone is Part 4 and Schedule 1, which set penalty notice amounts for offences under applied provisions of the Act. A penalty notice is an alternative to prosecution: the recipient can pay the specified amount and avoid a criminal conviction for that offence. If the recipient does not pay, the matter may proceed to court, where a higher maximum penalty under the Act applies. Schedule 1 lists 17 provisions of the Act with corresponding penalty amounts. The lowest is section 44(1) (failing to comply with a direction) at $110 for an individual. The highest are sections 38(2) and 40(2) at $22,000 for an individual and $33,000 otherwise - these are likely ticket onselling and unauthorised commercial activity offences. Mid‑range offences include section 39(4) ($2,750 individual, $8,250 otherwise) and section 39A(2) (same), and section 42(1) (unauthorised use of official insignia) at $2,200 individual, $3,300 otherwise. Section 59(2) (failure to comply with a requirement of an authorised officer) carries $550 for an individual plus $220 per day for a continuing offence, and $2,750 plus $1,100 per day for a corporation. The penalty notice amounts are fixed in the regulation; they cannot be varied by an individual officer. The regulation limits the issue of penalty notices: section 19(2) says if the applied provision is qualified by words restricting its operation to limited kinds of offences or circumstances, the notice may only be issued for those kinds or circumstances. Enforcement is carried out by authorised officers appointed under the Act. Section 11 of the regulation prescribes classes of persons who may be delegated as authorised officers: employees of the Local Organising Committee and employees of its contractors and subcontractors. This means private sector employees can exercise coercive powers, such as requiring a person to state their name and address (section 48) or directing a person to leave a controlled area. The penalties in Schedule 1 apply only when the relevant applied provision has been declared to apply to the major event in question. For the AFC Women’s Asian Cup, section 38 is applied (section 8), so the $22,000/$33,000 penalty notice for ticket on‑selling is live. For the Israeli Presidential Visit, no specific applied provisions are listed in the regulation beyond the general referral in Part 4; it appears that all penalty notice offences in Schedule 1 are available for that event, provided the Act’s relevant Part 4 provisions have been applied by ministerial order or under the Act itself.

The regulation operates solely within the framework of the Major Events Act 2009 (NSW). It does not supersede or amend any other Act. The regulation’s notes explicitly refer to the Interpretation Act 1987 for definitions and interpretative provisions. The powers and offences in the Act and regulation are additional to, and not in substitution for, other laws. For example, selling counterfeit merchandise in a controlled area may also be an offence under the Trade Marks Act 1995 (Cth) or the Fair Trading Act 1987 (NSW). The regulation does not displace those. Similarly, ticket on‑selling may also breach the Fair Trading Act or the Australian Consumer Law, but the Major Events Act provides a parallel enforcement regime with significantly higher penalty notice amounts. The regulation also interacts with local government laws through section 8A, which prescribes City of Parramatta Council and the Sydney Olympic Park Authority. Those bodies have their own regulatory functions - such as planning and public land management - and the Minister may direct them to cooperate with the responsible authority, but the direction does not override their statutory duties; it requires them to use their existing powers in a coordinated manner. The regulation’s delegation provisions interact with the general law of delegation. Section 68 of the Act allows the responsible authority to delegate its functions, but section 10 of the regulation prescribes a specific delegate (the Local Organising Committee) for the Cup. Any delegation must still comply with the Act. For the Israeli Presidential Visit, no delegation prescription is made; the Commissioner of Police may rely on existing police delegation powers. The regulation also interacts with security and emergency laws. The Israeli Presidential Visit occurs “in the aftermath of the 14 December 2025 Bondi terrorist attack”, as stated in the regulation. This may trigger overlapping powers under the Terrorism (Police Powers) Act 2002 (NSW) or the Law Enforcement (Powers and Responsibilities) Act 2002. The regulation’s designation of the Commissioner of Police as responsible authority aligns with that context, but the Major Events Act regime is separate from counter‑terrorism legislation. Finally, the regulation’s penalty notice scheme interacts with the Criminal Procedure Act 1986 and the Fines Act 1996, which govern how penalty notices are issued and enforced.

The Major Events Regulation 2025 was originally made and published on the NSW legislation website on its commencement date (presumably in 2025). It has been amended twice according to the text. The first amending instrument is 2025 (672), which inserted two new provisions: section 8A (government agencies the Minister may direct to co‑operate) and section 9A (official title and official insignia). These were inserted as Sch 1[1] and Sch 1[2] respectively, and appear to have been added shortly after the initial regulation, possibly before the AFC Women’s Asian Cup 2026 event details were finalised. The second amending instrument is 2026 (37), which made more substantial changes. It inserted the entirety of Part 3 (Visit by President of Israel), consisting of sections 12 to 16, and also inserted Part 4 (Penalty notices) and Schedule 1 (Penalty notice offences). Interestingly, the amendment history shows that section 12 was first repealed by 2026 (37), Sch 1[1], then immediately re‑inserted by Sch 1[2] of the same instrument. This suggests a drafting correction - perhaps the original insertion of Part 3 inadvertently placed the definition in a different location or with different wording, and the subsequent repeal and re‑insertion corrected it. The net effect is that section 12 as it now stands was inserted by the 2026 amendment. The amendment also changed Schedule 1, noted as “Am 2026 (37), Sch 1[3]”. The exact nature of that amendment is not specified in the text, but it likely added entries for offences applicable to the Israeli Presidential Visit or adjusted penalty amounts. Because the regulation is subordinate legislation, future amendments can be made by further regulations without amending the principal Act.

The source text does not mention any cases or judicial decisions involving the Major Events Regulation 2025 or the specific events it covers. As a relatively recent instrument - enacted in 2025 and amended in early 2026 - it is unlikely to have generated significant litigation yet. No court challenges to the validity of the regulation or the declaration of these events as major events are recorded in the source. However, it is possible that challenges under the Major Events Act 2009 more broadly have occurred in relation to earlier major events (such as the FIFA Women’s World Cup 2023 or the Sydney WorldPride 2023), but those are not part of this regulation and should not be invented. The regulation itself is procedural and declaratory; the legal risk for challenge would more likely arise from the exercise of powers under the Act - for example, a person issued a penalty notice for ticket on‑selling might challenge the reasonableness of the controlled area designation or the application of the provision. Any such litigation would turn on the Act and the ministerial orders, not the regulation. The deemed refusal provision in section 9(9) (application deemed refused if no decision before sales control period) could give rise to administrative review applications under the Act or under the NSW Administrative Decisions Tribunal, but no such cases are referred to. In summary, there is no recorded litigation history in the source, and one must assume none yet exists.

Several provisions in the regulation contain traps for the unwary. First, the broad definition of “AFC Women’s Asian Cup 2026” includes “associated events”, which are themselves defined expansively to include training sessions, competitions, official ceremonies, community events, media events and broadcast centre activities. A small community festival held in conjunction with the Cup could fall within the definition, meaning the Act’s sales control and ticket restriction powers apply even if the event is not a main match. Traders or community groups near such venues may inadvertently be in a controlled area. Second, the application process for prescribed articles sales approval requires lodgement at least 14 days before the sales control period, unless the responsible authority determines a shorter period (section 9(3)(e)). A business that delays risks being unable to trade at all during the event. Worse, section 9(9) provides that if the authority fails to give written notice of its decision before the beginning of the period for which approval is sought, the application is taken to be refused. This means bureaucratic delay is equivalent to a refusal - no deemed approval. There is no “deemed approval” default. Third, the penalty notice amounts are extremely high for some offences. Section 38(2) (ticket on‑selling in controlled area) carries a $22,000 penalty notice for an individual - the same as the maximum fine for a range of summary offences - and $33,000 for a body corporate. This is far higher than most penalty notices under other NSW laws. A person who sells a spare ticket near the stadium at face value could be hit with that amount. Fourth, the regulation designates the Commissioner of Police as responsible authority for the Israeli Presidential Visit. This gives police extensive control over the event area, including the power to direct persons (section 44), exclude persons (section 40), and require identity details (section 48). The penalty notice amounts for failing to comply with a direction ($110) are low, but the power to direct is broad. Fifth, the official insignia prescribed in section 9A are those “approved by the responsible authority and published in Government Gazette No 473 of 14 November 2025”. A business using a logo that is similar but not identical could still be caught if the use implies official association; the Act’s section 42(1) prohibits unauthorised use of an official insignia, and the penalty notice is $2,200/$3,300. The gazette notice is not reproduced in the regulation, so one must locate it separately. Sixth, the delegation provisions allow private sector employees (of the Local Organising Committee and its contractors) to be authorised officers. These persons are not police or public servants; they may exercise powers such as requiring production of tickets or directing people to leave. A person who fails to comply with a direction from such an officer commits an offence with a penalty notice of $550 for an individual (section 59(2)). The authority of those private officers may be less familiar to the public than police authority. Finally, the regulation applies to the Israeli Presidential Visit only for four days, but during that period the police responsible authority may make orders that are not published in the regulation - such as declaring controlled areas by notice. A person unaware of the order could inadvertently commit an offence.

Compliance with the Major Events Regulation 2025 requires event‑specific attention depending on the event involved and the nature of one’s activities. For the AFC Women’s Asian Cup 2026, the first step is to identify whether your business or activity will take place within a controlled area. Controlled areas are declared by ministerial order under the Act, not in the regulation, so you must monitor the NSW Government Gazette or the responsible authority’s website. If you plan to sell or distribute any prescribed article (likely including food, beverages, merchandise, or promotional items) in a controlled area during a sales control period, you must apply for a prescribed articles sales approval under section 9. The application must be made in writing to Destination NSW (the responsible authority) at least 14 days before the sales control period begins, unless a shorter period is allowed. Include all information and documents the authority requires; failure to do so allows the authority to refuse to decide the application. Pay the fee (if any), though the authority may waive or reduce it. Wait for a written decision; if you do not receive it before the sales control period starts, your application is deemed refused. If approved, comply strictly with any conditions. Do not sell tickets in a controlled area unless you are authorised, as section 38 of the Act is applied. The penalty for a breach is $22,000 for an individual. If you are a contractor or employee of the Local Organising Committee or its subcontractors, ensure you are properly delegated as an authorised officer before exercising any powers; personal liability may arise if you act outside your delegation. For the Israeli Presidential Visit, the responsible authority is the Commissioner of Police. Controlled areas will be established by order for the four‑day period (9-12 February 2026 in Sydney). Avoid conduct that could breach any of the applied provisions listed in Schedule 1: do not climb structures, litter, obstruct authorised officers, fail to comply with a direction, or use official insignia without permission. If you are a government agency prescribed in section 8A (though that section applies only to the Cup), cooperate if directed by the Minister. For any major event, the general compliance approach is to review the Act, the ministerial orders, and the Gazette notices. Keep records of any approvals granted. If issued a penalty notice, consider whether the offence is made out - the notice can be challenged in court, but paying it may be cheaper than the cost of litigation. The amounts in Schedule 1 are not negotiable, but if you have a defence you should contest. Seek legal advice before any significant commercial activity near an event venue. The regulation does not create a compliance guide or safe harbour; due diligence is essential.