Definitions and scope: clause 3 supplies the working definitions on which the entire Regulation depends. “Public domain” is defined as that part of the Park that is not the site of a sportsground. “Sell” is defined very broadly and expressly includes hire, barter, supply for profit, offers to sell, receiving items for sale, consigning, soliciting, and permitting such actions (clause 3(1)). “Vehicle” is defined expansively to include motor vehicles, trailers and caravans, apparatus propelled by human, animal or mechanical power used to convey persons or things (explicitly excluding wheelchairs, prams and strollers), and vessels (clause 3(1)). “Liquor” inherits the Liquor Act 2007 definition (clause 3(1)). The Act referenced throughout is the Sydney Olympic Park Authority Act 2001 (clause 3(1)).

Authorisation model: a recurring structure is that many activities are prohibited unless “authorised by the Authority” (for example clauses 5(1), 6(1), 7(1), 12(1), 13(1), 14(3), 16(2)). Authorisations may be given subject to conditions (clause 38(1)), and the Authority may require security for compliance with those conditions (clause 38(2)). The Authority has discretion to determine fees for authorisations and services (Part 7), and must determine the fee amount before imposing it (clause 33(1)). Fee-setting must have regard to specified factors such as the Authority’s cost, the nature of the authorisation, industry suggested prices or government schedules, and service importance to the community (clause 33(3)-(4)).

Control of access and behaviour: the Authority may limit numbers, prohibit categories of persons, close parts of the Park, charge admission, and prohibit entry if a person possesses a specified thing or appears intoxicated (clause 4(1)). The Authority may give directions and erect signs to effect these measures and contravention of such signs or directions is an offence (clause 4(2)-(3)). Clause 5 lists a detailed range of prohibited commercial and other activities unless authorised; penalties are set in the clause and Schedule 1. Clause 9 allows the Authority to declare temporal or area‑specific prohibitions on drinking liquor with a low maximum penalty, but requires a prior warning from an authorised person for the offence to be made out (clause 9(3)).

Sportsground regime: Part 3 treats sportsgrounds as distinct from the public domain. The Authority can create reserved areas and issue tickets that confer rights to entry and seating (clause 17). Entering playing fields or competition areas without being a participant, official or authorised class is a high‑penalty offence (50 penalty units) (clause 18). Removal, photographing of removed persons, and graduated banning (12 months, life) are prescribed for contraventions related to playing fields (clauses 19-21, 20).

Enforcement architecture: the Authority appoints authorised persons by instrument (clause 28); rangers appointed under section 65 of the Act are authorised persons (clause 31). Authorised persons receive identification cards with specified content and must produce them on request (clause 29). Police and authorised persons can require individuals to state name and residential address where reasonable grounds exist that an offence has been committed under the Act or this Regulation (clause 24). The Authority and police can direct removal, order removal of obstructions and recover costs; authorised persons can confiscate items used in contravention (clauses 25, 26, 27). Confiscation and storage procedures link to the Public Spaces (Unattended Property) Act 2021 (clause 27). There is a penalty notice regime (Schedule 1) that converts many offences into fixed monetary amounts for enforcement under the Act’s section 79 framework.

Delegated council functions: clause 23 expressly confers to the Authority, under section 19 of the Act, a specified subset of council functions normally under the Local Government Act 1993 and related instruments, including parts of the Environmental Planning and Assessment Act 1979, the Local Government (General) Regulation 2005, the Food Act 2003, Public Health Act 2010 functions and swimming pool regulatory functions. The clause also notes the Authority may exercise implementation and enforcement functions under Part 9 of the Environmental Planning and Assessment Act 1979 by reference to section 25 of the Authority Act.

Fees and charges: Part 7 gives the Authority broad ability to charge and recover fees for authorisations and services, including inspections, and specific limits (for example, inspections of non‑commercial premises are not to be charged except in limited circumstances) (clauses 32-35). The Authority may publish a schedule of fees on its website (clause 35). The Authority may charge additional fees even where another statute makes a determination, but cannot charge where charging is expressly prohibited under another Act (clause 36).

Procedural safeguards and conditions: several provisions require express steps before enforcement can operate. For example, a person is not guilty of refusal to give name/address unless warned by the officer (clause 24(3)); a person is not guilty of failing to comply with an oral direction unless the employee identified themselves as an employee of the Authority, warned of the offence, and produced identification on request (clause 39(2)). The confiscation regime requires a receipt, return within 24 hours, or transfer to a place of storage with notification; the Public Spaces (Unattended Property) Act 2021 then applies with stated exceptions and a 28‑day return deadline built into the Regulation (clause 27(3)-(7)).

Together these concepts constitute a regulatory framework that moves much of the micro‑management of behaviour, commerce, and events within the Park to the Authority’s administrative discretion, backed by a mixture of criminal and civil enforcement tools and delegated council powers.

Visitors and members of the public: every visitor to Sydney Olympic Park is directly affected by the Regulation’s access controls (clause 4), behavioural prohibitions (clause 10), liquor rules (clauses 7-9), parking and vehicle regulation (clauses 12-14 and 13), and the requirement to comply with directions and signs (clauses 4(2), 12(2), 13(1)). Visitors who contravene signs or directions face criminal maximum penalties measured in penalty units (for example clause 4(3) maximum 20 penalty units) and fixed penalty notice amounts where listed in Schedule 1 (for example clause 4(3) $200). Persons asked by police or authorised persons to state name and address must comply under clause 24 or face sanction.

Event organisers, concessionaires and commercial operators: clause 5 makes most commercial activity at the Park conditional on Authority authorisation. Anyone selling goods, supplying services for reward, distributing advertising, operating audio or camera equipment for commercial purposes, collecting money, busking, operating food and beverage outlets, or providing entertainment must be authorised to avoid contravening clause 5(1). The Authority can impose conditions, require security deposits (clause 38), and charge fees (Part 7). Fees apply to authorisations, inspections and services; the Authority must determine and may vary fee amounts (clause 33). For organisers of events at sportsgrounds, ticketing and reserved seating are controlled by the Authority (clause 17), and event organisers must ensure participants authorised to be on playing fields (clause 18).

Licensed businesses and regulated sectors: liquor licensees operating within dedicated Park areas must hold licences under the Liquor Act 2007 consistent with clause 7(3)(a)-(b). Security industry licensees and licensed firearm permit holders rely on statutory exemptions under clause 6(2)(b) where they carry out authorised licensed functions. Food businesses and temporary food vendors are affected by the Authority’s functions conferred under clause 23, which encompass the Food Act 2003 and associated regulations as part of the delegated local government functions.

Transport and infrastructure providers: bus operators and point‑to‑point transport vehicles (as defined by the Point to Point Transport (Taxis and Hire Vehicles) Act 2016) may be required to use land set aside by the Authority and to comply with any conditions and charges the Authority sets (clause 14). Vessel operators using Authority wharves are subject to wharf conditions and charges (clause 16). Road control and traffic management remain subject to the Act and traffic management plans under section 41 of the Authority Act; clauses 12-14 do not extend the Authority’s powers over public roads beyond those statutory limits (clause 15).

Individuals with disabilities: clause 5(2) carves out an exception to clause 5(1)(ab) regarding dogs; assistance animals as defined in s 9 of the Commonwealth Disability Discrimination Act 1992 are permitted in areas otherwise subject to dog restraints. This creates a targeted exemption for assistance animals.

Authority personnel, rangers, and police: the Authority appoints authorised persons (clause 28) and must issue identification cards (clause 29). Rangers appointed under section 65 of the Act are authorised persons (clause 31). These staff can exercise removal, inspection, confiscation and other enforcement powers under the Regulation, and may use reasonable force where provided (clauses 19(2), 25(4)). Police retain concurrent powers to remove and enforce criminal provisions.

Property users, developers and permit applicants: because clause 23 confers many council functions, developers and property users within the Park will interact with the Authority for approvals, orders, appeals and enforcement typically performed by local councils under the Environmental Planning and Assessment Act 1979, Local Government Act 1993, and associated regulations. That includes approvals for structures, management of waste, public roads and other activities referenced in clause 23. The Authority’s exercise of these functions is subject to the enabling provisions listed in clause 23 and the limits set by the primary Act.

Those affected by confiscation, removal and cost recovery: people whose property obstructs or encroaches on the Park may be ordered to remove it or face removal by the Authority or police (clause 26). The Authority may recover reasonable costs and expenses for removal (clause 26(5)). An authorised person may confiscate articles used in contravention; processes for receipt, storage and return are prescribed and tied to the Public Spaces (Unattended Property) Act 2021 (clause 27).

Regulated entities outside the Authority: other statutory agencies and bodies,liquor licensing authorities, police, local councils where functions overlap, and transport regulators,will be involved because the Regulation cross‑references their statutes and sometimes relies on their regulatory framings (for example Liquor Act 2007, Firearms Act 1996, Point to Point Transport Act 2016, Local Government Act 1993).

Financially exposed parties: anyone seeking authorisations, services or inspections can expect fees. The Authority may publish a schedule of fees (clause 35), may charge for inspections of premises used for commercial activity (clause 32(3)), and may apply higher fees for expedited services (clause 33(6)). Where another Act determines a fee, the Authority may add an additional fee (clause 36(1)). Conversely, if another Act prohibits charging a fee, the Authority must not charge (clause 36(2)). The Authority may waive or reduce fees where hardship or other categories apply (clause 34).

Taken together, the Regulation establishes a broad administrative control structure that affects casual visitors, organised sport participants, event promoters, concessionaires, transport operators, and statutory enforcement agencies. The precise impact depends on whether an activity is within the public domain or a sportsground, whether it is commercial, and whether it involves regulated goods or services such as liquor, firearms or food.

Persons entering the Park , duties to comply with signs and directions: the Regulation repeatedly imposes a duty on persons to obey signs and directions issued by the Authority or authorised persons. For example, clause 4(2) empowers the Authority to limit or prohibit entry by erecting signs or giving directions; clause 4(3) makes contravention of such a sign or direction an offence (maximum penalty 20 penalty units) and Schedule 1 prescribes a penalty notice amount for clause 4(3) of $200. Similarly, clause 12(2) and clause 13(2) make parking and vehicle entry subject to signs and directions. Clause 39(1) clarifies that “direction by the Authority” includes oral directions from authorised employees, but clause 39(2) imposes procedural constraints before an oral direction is independently enforceable,identification, warning that non‑compliance is an offence, and production of identification if requested.

Commercial operators , duty to obtain authorisation and to comply with conditions: clause 5(1) creates a duty requiring authorisation for an extensive catalogue of commercial activities in the Park. Clause 38(1) allows the Authority to impose conditions on those authorisations, and clause 38(2) permits the Authority to require security for fulfilment of conditions. Clause 32(1) confirms the Authority may charge fees for authorisations and services; clause 33 requires the Authority to determine and document the amount of a fee before imposing it. Clause 35 encourages transparency through publication of a schedule of fees on the Authority’s website.

Event and ticket‑holders , rights through issued tickets and conditional entry: the Authority or authorised persons may issue tickets that entitle lawful holders to enter sportsgrounds, reserved areas and to occupy reserved seats (clause 17(2) and (8)). The rights conferred by a ticket are conditioned by clause 22, which forbids contravention of ticket conditions and signposted conditions of entry; contravention attracts a maximum penalty (clause 22) and a Schedule 1 penalty notice amount for clause 22(2) of $200.

Persons in possession of prohibited items or contravening safety rules , rights of authorised persons and police to act: authorised persons and police may require a person to state name and address if they reasonably suspect involvement in an offence under the Act or Regulation (clause 24). They may direct persons to leave the Park if causing inconvenience, contravening the Regulation, or trespassing on closed areas (clause 25(1)), and may use reasonable force for removal where authorised (clause 25(4)). Authorised persons may confiscate articles used or possessed in contravention of the Regulation without the use of force (clause 27(1)-(2)), must give a receipt (clause 27(3)) and return the article or place it in a place of storage within 24 hours (clause 27(4)).

Authority , powers and duties: the Authority may set conditions, impose fees, publish fee schedules (clauses 32-36), and determine areas for buses, wharves, reserved seating, and facilities (clauses 14, 16, 17, 37). Clause 23 confers a detailed set of council functions to the Authority, effectively placing obligations on it to exercise those statutory functions in relation to the Park. The Authority also has duties to give public notice when imposing liquor‑drinking prohibitions (clause 9(1)) and to produce authorised persons’ identification under certain circumstances (clause 39(2) and clause 29(3)).

Rangers and authorised persons , rights and procedural constraints: authorised persons exercise enforcement functions but the Regulation prescribes identification and warning steps required before some powers create offences. Authorised persons must carry and produce identification cards in the exercise of functions where requested by affected persons (clause 29(3)). For oral directions under clause 39, the person giving the direction must identify themself, warn of the offence, and show identification when asked before non‑compliance becomes an offence (clause 39(2)). Clause 31 explicitly makes rangers appointed under section 65 of the Act authorised persons, conferring on them the Regulation’s authorised person functions.

Sportsground participants , duty regarding playing fields: clause 18 establishes a strict duty not to enter or remain on a playing field or competition area unless a participant, engaged in control or management of an authorised event, or a member of an authorised class. The maximum penalty is 50 penalty units and Schedule 1 lists a penalty notice amount of $500 for clause 18. Removal, photographing and banning processes follow for those contravening the playing field rules (clauses 19-21 and especially clause 20 which prescribes a 12 month ban and includes provisions for an escalated lifetime ban).

Persons subject to confiscation , rights to receipt and return: when an authorised person takes possession of an object, they must give a receipt showing the nature of the article and time taken (clause 27(3)). The confiscated article must either be returned to the owner or taken to a place of storage within 24 hours (clause 27(4)). If delivered to a place of storage the person must be notified in writing of the address (clause 27(5)). The Public Spaces (Unattended Property) Act 2021 then applies with specified exceptions and the Regulation treats the return deadline in that Act as 28 days for confiscated articles (clause 27(6)-(7)).

Procedural limits before offences: several offences require prior warning or identification to be established before conviction. For example, clause 24(3) requires the officer to warn the person that failure to state name/address is an offence. Clause 9(3) requires a warning from an authorised person that drinking is prohibited before a drinking offence is established. Clause 39(2) requires identification and warning when the direction is oral.

Fees and fee limitations: the Authority must determine fee amounts before imposing them (clause 33(1)); fees must be set with regard to specified factors (clause 33(3)-(4)). Exceptions and limits exist: the Authority may not charge for inspection of non‑commercial premises except in limited circumstances (clause 32(4)). Where another Act determines or prohibits fees, the interaction rules in clause 36 apply.

In short, duties fall on visitors and commercial actors to obey signs, seek authorisation for commercial activity, and comply with enforcement directions; rights are primarily procedural and conditional rights conferred by tickets and the Regulator’s authorisations, together with limited procedural protections against enforcement without identification and warning.

Penalty architecture , maximum penalties and penalty notices: the Regulation combines criminal offences carrying maximum penalties expressed in penalty units with a Schedule 1 penalty notice framework that converts many offences into fixed monetary amounts for on‑the‑spot enforcement under section 79 of the Act. Numerous clauses specify maximum penalties in penalty units; for instance clause 18 carries a maximum of 50 penalty units, clause 5(1) a maximum of 20 penalty units for the blanket commercial and other activity prohibitions, clause 6(1) 10 penalty units for unauthorised firearms/weapons possession, and clause 10(1) up to 10 penalty units for disorderly conduct. Schedule 1 translates many of these into specific dollar amounts for penalty notices, for example clause 18 is listed at $500, clause 5(1)(o) at $150, clause 9(2) at $20, and clause 13(3) no stopping offences up to $333 in a school zone.

Enforcement actors and powers: enforcement is principally through the Authority’s authorised persons and police. The Authority appoints authorised persons (clause 28), issues identification (clause 29) and confers ranger functions as authorised persons (clause 31). Police and authorised persons may direct persons to leave (clause 25(1)), remove persons and use reasonable force to effect removal where authorised (clauses 19(2), 25(4)). Authorised persons may confiscate articles used in contravention of the Regulation without using force but must give receipts and manage storage and return under the prescribed process (clause 27). The Authority or police may order removal of obstructions and recover reasonable removal costs from responsible persons (clause 26(1), (4), (5)).

Procedural prerequisites for enforcement: several enforcement powers are qualified by procedural steps the enforcing officer must take to make an offence chargeable. Clause 24(3) requires a warning before proceeding against a person who refuses to state name and address. Clause 9(3) requires an authorised person to warn a person that drinking is prohibited before an offence of drinking liquor can be established. Clause 39(2) requires identification and warning in relation to oral directions from Authority employees for failure to comply to be an offence. These procedural requirements can be material to contesting enforcement action.

Removal, confiscation and property handling: items taken into possession under clause 27 must be receipted (clause 27(3)), returned within 24 hours or taken to a place of storage (clause 27(4)), with the owner to be notified in writing if the article is stored (clause 27(5)). The Public Spaces (Unattended Property) Act 2021 applies to confiscated items with limited exceptions (clause 27(6)) and the Regulation treats the return deadline in that Act as 28 days (clause 27(7)). This creates a duty on the Authority to handle confiscated property with an express statutory timetable and notice obligation.

Banning regime and escalations: the Authority may ban a person from parts of the Park for up to six months for contravening the Regulation generally (clause 11(1)). For sportsground playing field contraventions, clause 20 imposes an automatic 12‑month ban for a person removed as a result of clause 18 contravention; subsequent presence on the sportsground during that period escalates the ban to life (clause 20(2)). Further, repeated contraventions may result in a life ban (clause 20(3)). The Regulation criminalises attempting to enter while banned (clause 11(2) and clause 20(4) with maximum penalties).

Cost recovery: clause 26 provides a mechanism to recover the Authority’s reasonable costs and expenses in removing obstructions or encroachments. The Authority may issue an order to remove and recover costs from the person who caused the obstruction or a person using the obstructing thing (clause 26(2), (5)). There is no express right of appeal or review in this Regulation; however clause 23’s conferral of council functions (which includes Part 5 Appeals of Chapter 7 of the Local Government Act 1993) may provide appeal avenues where the Authority is acting in those delegate council capacities.

Penalty notice operationalisation: Schedule 1 lists which offences are penalty notice offences and their monetary amounts for the purpose of s 79 of the Act. Many common breaches are harvestable by penalty notices, including failing to comply with direction or signage (clause 4(3), $200), many items in clause 5(1) such as selling goods without authorisation (Schedule 1 entries at $200 or $150 depending on the item), parking contraventions (clause 13 entries at $80-$333 depending on the sign), and prohibited entry to playing fields (clause 18, $500). The Schedule was amended in 2019 and the Regulation records that amendment (sch 1: Am 2019 (32), Sch 1[1]-[4]).

Enforceability limits and statutory interactions: clause 15 circumscribes powers in clauses 12-14 by refusing to extend the Authority’s powers regarding roads (not private roads) beyond the Act and by preserving primacy of any traffic management plan under section 41 of the Act. Clause 36 limits fee charging where another Act prohibits charging, and permits additional fees where another Act sets a fee (clause 36(1)-(2)). The Regulation repeatedly defers to external statutes for definitions and exemptions, for example the Firearms Act and Weapons Prohibition Act in clause 6(2), and the Disability Discrimination Act in clause 5(2).

In consequence, enforcement is an administrative mixture of criminal penalties, fixed monetary infringement options, confiscation and removal remedies, banning powers and cost recovery. Procedural safeguards are built into the Regulation for certain enforcement steps, and cross‑statutory interactions place some external limits on the Authority’s enforcement and fee powers.

Direct statutory references and definitions: the Regulation explicitly imports definitions and concepts from several other statutes. Clause 3 defines “liquor” by reference to the Liquor Act 2007. Clause 6 references the Firearms Act 1996 and Weapons Prohibition Act 1998 for the scope of firearm and weapon prohibitions and exemptions. Clause 5(2) incorporates the Commonwealth Disability Discrimination Act 1992 for defining assistance animals as an exception to the dog leash rule in the Park. These cross‑references mean that the external statutes’ substantive definitions and licensing frameworks govern the meaning and limited exceptions within the Regulation.

Delegated council functions and planning law: clause 23 is a major point of statutory interaction. Pursuant to section 19 of the Authority Act, the Regulation authorises the Authority, in relation to Sydney Olympic Park, to exercise to the required extent a set of council functions under the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, the Local Government Act 1993 and the Local Government (General) Regulation 2005, as well as public health and food regulation statutes and swimming pool legislation. Clause 23 explicitly lists divisions and parts of those Acts and Regulations, including environmental planning approvals, orders, appeals, waste management, public roads, and various offences and enforcement powers. Practically, this arrangement means approvals, compliance and enforcement in areas such as development approvals, food safety, and public health inside the Park will be administered by the Authority under those Acts’ frameworks. Where the Authority exercises those delegated functions, associated appeal and review paths in the parent statutes (for example Part 5 Appeals of Chapter 7 of the Local Government Act 1993) will be engaged as noted in clause 23.

Public property and unattended property law: clause 27 links confiscation and storage procedures to the Public Spaces (Unattended Property) Act 2021. The Regulation requires receipt and a 24‑hour return or transfer to storage (clause 27(3)-(4)), it imports application of the Public Spaces Act to confiscated articles but excludes sections 29 and 30(b) of that Act from applying (clause 27(6)), and it adopts a 28‑day deadline for return consistent with the Public Spaces Act’s provisions (clause 27(7)). That produces an interlocking regime where authorised persons’ confiscation powers are immediately bounded by the Public Spaces Act’s storage and return mechanisms, while the Regulation modifies those mechanisms in specified particulars.

Roads and traffic law: clauses 12-14 provide the Authority with powers to regulate vehicle entry, parking and use of land for buses and point to point transport. Clause 15 explicitly clarifies that clauses 12-14 do not extend the Authority’s powers under the Act in relation to roads that are not private roads at the Park, and do not authorise contravening a traffic management plan in force under section 41 of the Authority Act. This preserves the primacy of traffic management plans and any other road control frameworks that operate under the Act, preventing the Regulation from being read as displacing road‑related law beyond the Authority’s statutory remit.

Fee interaction with other Acts: clause 36 establishes how Authority fees interact with fees set by other statutes. If another Act determines the amount of a fee, the Authority may charge an additional fee (clause 36(1)), which creates the potential for users to face multiple charges for a single service. The Authority must not charge a fee if a different Act prohibits charging one (clause 36(2)). Clause 33’s fee‑setting factors require the Authority to consider government schedules or industry suggested prices where relevant (clause 33(4)(b)), embedding cross‑reference to administrative pricing norms.

Licensing frameworks: liquor licensing under the Liquor Act 2007 is preserved; clause 7 allows licensed persons to bring and supply liquor in specified Park areas if the licence explicitly permits supply in those places (clause 7(3)). Similarly, the Regulation preserves statutory policing and weapons licensing regimes by exempting police acting in their duties and licensed security personnel acting under their licences and relevant firearm or weapon permits from clause 6’s prohibitions (clause 6(2)).

Appeals and enforcement procedures under parent statutes: because the Authority is conferred specific council functions under clause 23 that include parts providing for approvals, orders and appeals, enforcement action by the Authority in those domains will be governed by the appeal and review procedures of the underlying Acts, where they apply. The Regulation notes the Authority may exercise the functions of a council under Part 9 of the Environmental Planning and Assessment Act 1979, referencing section 25 of the Authority Act as the enabling provision for implementation and enforcement powers (clause 23 note).

Saving of previous rights and continuity: clause 40 provides legal continuity by preserving acts, matters and things that had effect under the repealed 2012 Regulation as having effect under this Regulation. This saves prior authorisations and existing regulatory arrangements that were valid immediately before repeal.

Other statutory permutations: the Regulation’s many cross‑references require practitioners to consult the parent statutes for full legal effect on licensing, offences, and procedural rights. The Regulation routinely defers to those laws for definitions, exemptions and procedural frameworks, and in some places adjusts their operation within the Park (for example by authorising the Authority to exercise certain council functions within the Park).

In practical terms, compliance and enforcement in the Park require understanding the interplay between the Authority’s administrative decisions under this Regulation and the obligations, rights and procedures contained in the Liquor Act, Firearms Act, Local Government Act, Environmental Planning and Assessment Act, Public Health and Food Acts, and the Public Spaces (Unattended Property) Act 2021.

Commencement and replacement: the Regulation commenced on 1 September 2018 and is required to be published on the NSW legislation website (Commencement note). The Regulation expressly replaces the Sydney Olympic Park Authority Regulation 2012, which was repealed on 1 September 2018 by s 10(2) of the Subordinate Legislation Act 1989 (Commencement note).

Recorded amendments in the text provided: the Regulation contains in‑text amendment annotations. Clause 27 carries an amendment annotation: "cl 27: Am 2024 No 82, Sch 4.11[1]-[5]." That indicates that clause 27 was amended by Schedule 4.11 items 1 to 5 of 2024 No 82. Schedule 1 is annotated "sch 1: Am 2019 (32), Sch 1 [1]-[4]." That records amendments to the penalty notice schedule effected in 2019. The Regulation contains a general saving clause (clause 40) that preserves acts under the repealed 2012 Regulation.

What these recorded amendments change substantively: the annotation for clause 27 indicates that the confiscation and storage provisions have been subject to amendment in 2024, though the text as provided incorporates those amendments. Clause 27 in its current form sets out the confiscation mechanism, the requirement to give a receipt, the 24‑hour return or storage rule, notification obligations, application of the Public Spaces (Unattended Property) Act 2021 (with specified exclusions), and the 28‑day return deadline. The 2024 annotation signals that these temporal or procedural features, or other elements of clause 27, were adjusted in 2024. Schedule 1’s 2019 amendment updated the list and fixed amounts for penalty notice offences.

Authority discretion to change fees and publish schedules: clauses 33-36 provide ongoing statutory authority for the Authority to determine fee amounts, increase or decrease fees, charge for a range of services and to publish a schedule of fees on its website. Clause 35 specifically authorises the Authority to publish a schedule of fees that may be charged by the Authority. Those provisions yield an operational history of fee adjustments that is administratively driven rather than exclusively by further subordinate instrument amendment.

No other amendment annotations appear in the supplied text. The text also incorporates notes reminding the reader that the Act and the Interpretation Act 1987 contain definitions and other provisions that affect interpretation (clause 3 note). The saving clause (clause 40) preserves previous regulatory acts under the 2012 Regulation. The annotations mean that users should consult consolidated legislation on the NSW legislation website for any other updates since the 2018 commencement date and for the full text and notes to understand the 2024 and 2019 changes in context.

Practical implication for practitioners: the presence of amendment annotations and the Authority’s delegated power to set fees implies the legal and administrative landscape within the Park changes through a mix of formal instrument amendment (as tracked for clause 27 and Schedule 1) and administrative determinations (fee schedules). The Regulation’s text and annotations are the authoritative record of those legislative changes; however, active compliance requires checking the Authority’s published fee schedule and any further subordinate instruments or determinations the Authority is entitled to make under the Regulation.

No cases or litigation outcomes are recorded in the text of the Regulation provided. The Regulation itself does not include any judicial decisions or references to litigation. The instrument contains procedural and enforcement provisions that could give rise to litigation,examples include challenges to bans, confiscation or cost recovery, disputes about fee determinations, claims arising from enforcement actions by authorised persons or police, or judicial review of administrative decisions where the Authority exercises delegated council functions under clause 23. However, the Regulation text does not document any such litigation.

What the absence of litigation history in the instrument means for practitioners: the Regulation establishes enforcement powers and administrative discretions that are potentially subject to legal challenge, but to identify precedent, one must search external sources: reported tribunal or court decisions, administrative review records and any case law referencing the Authority, the Authority Act, or the Regulation. Because the Regulation contains multiple procedural preconditions to enforcement (for example requirements to warn before an offence is made out under clauses 9(3), 24(3) and 39(2)), these procedural items could be significant in litigation about whether an offence was properly made out or whether enforcement action was lawful. Where the Authority exercises functions under other Acts (clause 23), appeal pathways available under those parent Acts may provide remedies; practitioners should consult the corresponding provisions of the Local Government Act 1993, Environmental Planning and Assessment Act 1979 and other relevant Acts for appeal or review rights.

Recommended practitioner approach given the textual silence: because the Regulation does not supply litigation history, any legal advice or casework must be supported by a separate search for case law and tribunal decisions that interpret the Authority Act, the Regulation, related Acts, or enforcement conduct by authorised persons and rangers. When advising clients, careful factual analysis of whether procedural preconditions were complied with (identity, warning, receipt and notice requirements, delegated administrative decision processes) will be central to any challenge or defence. Additionally, when the Authority exercises delegated council functions, practitioners must map the discrete statutory appeal regimes in the underlying Acts to determine avenues of dispute resolution.

Broad definition of “sell” and scope creep for commercial regulation: clause 3 defines “sell” to include hire, barter, offering for sale, supplying for profit, exposing for sale, soliciting or permitting any of those activities. The breadth of that definition means many borderline or incidental commercial activities,for example unpaid promotional sampling tied to future sales, authoring a paid workshop, or charging for a guided tour,may be caught unless expressly authorised by the Authority. Operators should not assume that absent explicit retail activity they are outside the definition.

Distinction between public domain and sportsgrounds: “public domain” expressly excludes sportsgrounds (clause 3). Several rules differ depending on whether activity is in the public domain or in a sportsground. For example, clause 13 applies to parking in the public domain; reserved seating and playing field prohibitions are in Part 3. Event organisers must be careful to identify whether the area in question is a sportsground for the stricter playing field and ticketing rules.

Bicycle, skate and vehicle rules: the definition of “vehicle” in clause 3 includes apparatus propelled by human power. Clause 5(1)(y) prohibits skateboards, roller skates and similar equipment but permits bicycles; clause 5(1)(z) prohibits riding or pushing a bicycle otherwise than on a cycleway or designated path. A common operational issue will be distinguishing permitted bicycle use on designated cycleways from prohibited riding in other Park areas. Parking contraventions in clause 13 are enforceable by penalty notices with different amounts depending on whether the sign is a “school zone” sign under the Road Rules 2014 (clause 13(6)-(7) and Schedule 1 entries), and the Authority’s signs must be compliant with clause 13(1).

Drinking prohibition and warning requirement: clause 9(2) makes drinking contrary to a Park drinking prohibition an offence but clause 9(3) states that a person is not guilty unless an authorised person warned them that drinking was prohibited and the person commenced, continued or resumed drinking after that warning. Practitioners and enforcement officers must note this two‑stage requirement: public notice of the prohibition (clause 9(1)), and a site‑specific warning by an authorised person as a precondition to establishing an offence.

Oral directions limited unless identification and warning given: clause 39(2) limits the enforceability of oral directions by Authority employees. If an employee gives an oral direction but fails to identify themselves, warn the person that non‑compliance is an offence, or show identification when asked, the failure to comply is not an offence. This is an evidence and compliance risk for enforcement if authorised persons fail to follow the prescribed steps.

Confiscation return timing mismatch: clause 27(4) requires confiscated articles to be returned or taken to a place of storage within 24 hours. Clause 27(7) then states the deadline for return under the Public Spaces (Unattended Property) Act 2021, section 32(7), is taken to be 28 days. Practically, the first is an immediate operational limit for where the article goes within a day; the latter sets the outer statutory return window. Practitioners should ensure that handling respects both timeframes and the written notification requirement in clause 27(5).

Banning regimes vary and can escalate rapidly: clause 11 allows a ban up to six months generally, but clause 20 imposes 12 months for a playing field removal, with automatic life bans for reappearance during the ban or subsequent removals. This creates an escalatory enforcement ladder: a single playing field breach can lead to a 12 month ban and further breaches potentially to life exclusion. Persons and event organisers should be aware of these automatic consequences.

Fee interaction risks: clause 36 allows the Authority to charge additional fees even where another Act determines a fee, but it must not charge where another Act prohibits charging. This can result in multiple fees for the same activity or contradictory obligations; commercial operators should check both the Regulation and the underlying statutory fees to quantify total fiscal exposure. Clause 33(6) permits higher fees for expedited services, which creates a commercial incentive for expedited processing at additional cost.

Interactions with traffic management: clauses 12-14 regulate vehicle entry, parking and bus use but clause 15 expressly clarifies that these clauses do not extend the Authority’s road powers in relation to public roads beyond the Act and do not permit contravening traffic management plans under section 41. Operators planning road closures or traffic arrangements should check the Park’s traffic management plans and the Authority Act’s requirements before relying solely on regulatory signage.

Limited procedural detail on appeals in this Regulation text: while clause 23 confers council functions including appeals under the Local Government Act 1993, the Regulation itself does not provide a standalone appeal process for all administrative decisions. Practitioners must map which decisions fall under the delegated powers that carry appeal rights under the parent legislation and which do not.

Confiscation exceptions and excluded items: clause 27 excludes unattended motor vehicles and trailers to which section 44 of the Act applies from the definition of “article” for confiscation purposes. Vehicles are therefore treated differently. If enforcement involves vehicles, the interplay with section 44 of the Act must be considered.

Rangers as authorised persons and use of force: clause 31 makes rangers authorised persons. The Regulation authorises reasonable force for removal in certain clauses (clauses 19(2), 25(4)). The scope of “reasonable force” is not defined in the Regulation; use of force claims may implicate broader statutory or common law principles and expose the Authority to challenge if force is excessive.

Penalty notice amounts vs penalty unit maxima: the Regulation sets many maximum penalties in penalty units but provides lower fixed penalty notice amounts in Schedule 1. For example clause 18 has a maximum of 50 penalty units while Schedule 1 sets a penalty notice amount of $500. Practitioners should be careful to distinguish between prosecution for maximum penalty units and the administrative option of issuing a penalty notice at the prescribed dollar amount.

Recordkeeping and identification: the Regulation requires authorised persons to provide receipts when confiscating items (clause 27(3)) and to produce their identification on request when exercising functions (clause 29(3)). Failure to comply with these obligations can jeopardise enforcement outcomes and give rise to procedural challenges.

Taken together, these “gotchas” highlight that the Regulation is administratively detailed but also leaves several operational gaps and cross‑statutory interactions that create compliance risk. Practitioners and operators should map activities against the specific clauses and associated parent legislation.

Practical compliance checklist for visitors and event operators

• Check area classification: distinguish whether proposed activity occurs in the public domain or a sportsground (clause 3 definition of public domain). Sportsgrounds are subject to specific ticketing, reserved seating and playing field rules (Part 3). Confirm with the Authority which classification applies.

• Secure authorisation for commercial activity: any sale, provision of services for reward, busking, distribution of advertising or similar commercial activity requires prior authorisation from the Authority (clause 5(1)). Apply early, comply with any conditions attached (clause 38(1)), and be prepared to provide security for compliance (clause 38(2)).

• Confirm liquor arrangements: do not bring liquor into the Park except where authorised under clause 7. If operating a licensed venue, ensure liquor licences specify supply in the Park consistent with the Liquor Act 2007 and clause 7(3). Pay attention to any public notices of drinking prohibitions and heed authorised person warnings (clause 9).

• Observe vehicle and parking rules: check Authority signage for entry and parking rules (clauses 12-13). Use designated cycleways for bicycle riding; avoid riding bicycles outside designated paths (clause 5(1)(z)). For bus or point to point vehicle operations seek designation and agree to conditions/charges (clause 14).

• Manage playing field access: do not enter playing fields or competition areas unless an authorised participant, manager, or otherwise authorised class (clause 18). Ensure that performers, contractors, staff and participants have explicit authorisation documented for access; unauthorised entry carries a high penalty and mandatory bans (clause 20).

• Prepare for inspections and fees: be ready for inspections where required, and check whether premises are commercial use premises (clause 32). The Authority may charge fees for services including inspections, approvals and admission (clauses 32-33). Verify the published fee schedule and any expedited service fees (clauses 33(6), 35). If relying on a certificate under s 93 Local Government Act, confirm whether inspection fees are excluded (clause 32(5)).

• Train staff and contracted security on enforcement procedures: ensure personnel who will interact with Authority authorised persons and police understand the identification, warning and receipt requirements in the Regulation. Authorised persons must carry and produce identification if requested (clause 29(3)) and oral directions require identification and warning to be enforceable (clause 39(2)). When confiscations occur, ensure compliance with receipt and storage notices (clause 27).

• Keep documentary evidence of authorisations and tickets: maintain copies of authorisations, tickets and any conditions imposed. Tickets are the instrument that grants entry and seating rights and are subject to conditions (clauses 17, 22). Retain records of security deposits and conditions for authorisations (clause 38).

• Address assistance animal needs: if a visitor or participant relies on an assistance animal under the Commonwealth Disability Discrimination Act 1992, ensure appropriate documentation or identification is available to rely on clause 5(2) exemption to dog leash restrictions.

• Plan for obstruction removal and cost recovery contingencies: if a structure, vehicle or other item could be considered an obstruction, ensure compliance with any Authority orders. The Authority can remove obstructions and recover reasonable costs (clause 26(1), (4)-(5)). Keep records to contest any claimed cost or to demonstrate authorisation.

• Understand banning consequences and appeal pathways: contravention of playing field rules results in automatic bans (clause 20). For other contraventions the Authority may ban up to six months (clause 11). If the Authority exercises functions under other Acts where appeal rights exist (clause 23), identify and preserve appeal timelines and procedures under the underlying statute.

Operational steps for the Authority and authorised persons (compliance with the Regulation)

• Issue and maintain identification for authorised persons: ensure every authorised person has an identification card complying with clause 29(2) and that they are trained to produce it on request (clause 29(3)).

• Follow prescribed warning and notice steps before enforcement actions: for offences that require a warning before an offence is chargeable (clauses 9(3), 24(3), 39(2)), ensure authorised persons follow the required script and document the warning. Record such warnings contemporaneously.

• Manage confiscation processes scrupulously: when taking possession of an article, provide a receipt indicating the nature of the item and date/time (clause 27(3)), return within 24 hours or transfer to place of storage with written notification to owner (clause 27(4)-(5)). Apply the Public Spaces (Unattended Property) Act 2021 consistent with clause 27(6) and its exclusions, and ensure the 28‑day return deadline is observed (clause 27(7)).

• Document fee determinations and make them publicly available: clause 33 requires determination of fees before imposing them. Keep written records of the factors considered (clause 33(3)-(4)), and publish the schedule of fees as permitted by clause 35. If charging additional fees where other Acts already set fees, document legal basis for additional fees under clause 36(1).

• Public notice for liquor prohibitions: when using clause 9 to prohibit drinking, give public notice as required (clause 9(1)) and ensure authorised persons are briefed to issue site warnings so that enforcement can be sustained (clause 9(3)).

• Use banning powers in accordance with the Regulation and provide clear communication: where bans are imposed under clause 11 for general contraventions or clause 20 for sportsground contraventions, communicate the ban, its duration and the consequences for breach in writing where possible. Maintain records that substantiate the contravention and the decision to ban.

• Coordinate with police and other agencies: because police retain concurrent enforcement powers, develop operational protocols with local police to coordinate removal, use of force issues and evidence collection. Where the Authority exercises council functions, ensure procedural compliance with underlying Acts (clause 23).

Recordkeeping and dispute readiness

• Keep contemporaneous records of all authorisations, conditions, receipts for confiscations, warnings issued, notices given, fee determinations and bans. These records will be central to defending enforcement actions or proving compliance.

• For operators, retain copies of licences (liquor, security), insurance and contracts that evidence lawful activity and authorisations for use of the Park.

• Where dispute or enforcement occurs, review whether procedural prerequisites were satisfied: was the authorised person properly appointed and identified, was a warning given where required, was a receipt issued for confiscation, were notice timelines observed, and was the fee determined according to clause 33? Procedural lapses frequently form the basis of successful challenges.

Engaging professional advice

• For complex planning, licensing, major events, or contested enforcement matters, engage lawyers experienced in administrative law, local government regulatory regimes and event licensing to review authorisations, negotiate conditions, and, if necessary, prepare administrative reviews or court challenges. The Regulation interlocks with several Acts; legal advice should map all statutory obligations.

Taken together, compliance requires early engagement with the Authority to obtain necessary authorisations and clarity on conditions and fees, robust staff training to meet procedural requirements for interactions with authorised persons and police, clear recordkeeping, and careful mapping of overlapping statutory obligations.