This by-law sets rules for behaviour, access and vehicle use on the Sydney Opera House grounds. It gives the Trust and authorised officers powers to control entry, require searches, set parking charges, exclude or ban people, and impose fines for breaches.
It applies to all visitors, drivers, performers, vendors and staff. Costs fall on people who breach rules (penalties, removal, bans) and on users of paid services (parking); decisions and enforcement rest with the Trust, its CEO and authorised officers.
This By-law prescribes rules for behaviour, access, vehicle use and security on the Sydney Opera House premises, and sets out enforcement powers for authorised officers and the Trust. It replaces the Sydney Opera House Trust By-law 2015 and commenced on 1 September 2021 (clause 2). Core operational levers are: prohibitions and conditions on vehicles (clause 4); entry conditions and searches (clause 5); exclusion of the public from specified parts of the premises (clause 6); a permit and ticket regime for auditoriums and restricted areas (clause 7); a range of prohibited activities across the premises (clause 9); restrictions specific to auditoriums such as no food or photography during performances (clause 8); strong prohibitions on interference with equipment and systems (clause 10); and prohibitions on mooring, fishing and swimming from the premises (clause 11). The By-law authorises specific enforcement powers for authorised officers, including directing persons to leave (clause 12), requiring name and address (clause 13), photographing persons suspected of offences (clause 14), ordering removal of unlawfully landed aircraft, vehicles or moored vessels and causing their removal (clause 15), and banning individuals from the premises (clause 16). The By-law sets penalty levels in penalty units for particular contraventions across many clauses, with the highest specified maximum penalty at 50 penalty units for interference with equipment (clause 10) and for obstructing enforcement (clause 12(4), 13(2), 16(5), 18). The Trust is granted discretion to regulate vehicle entry and parking (clause 4(2)) and to fix parking charges and demand payment (clause 4(4)). The By-law also contains delegation and exercise-of-function clauses that broaden operational authority to authorised officers and delegated staff (clauses 16(6), 17). Definitions that shape application , for example, authorised officer, vehicle, public area, restricted area and Opera House premises , are in clause 3 and cross‑refer to the Act and other statutes.
Current sections
Direct links to the current provisions in Sydney Opera House Trust By-law 2021.
aircraft includes a drone or other unmanned aerial vehicle, hang-glider, hot air balloon and parachute.
auditorium means a chamber music hall, cinema, concert hall, drama theatre or opera theatre on the Opera House premises and includes any other part of the Opera House premises, whether indoors or outdoors, while the part is being used to hold a performance or event.
authorised officer means each of the following persons—
(a) a police officer,
(b) the Chief Executive Officer,
(c) a person employed in the Public Service who is assigned to an authorised officer role by the Chief Executive Officer, generally or in relation to a particular provision of this By-law,
(d) a person authorised for the time being by the Chief Executive Officer or the Trust to exercise the functions of an authorised officer, generally or in relation to a particular provision of this By-law.
Chief Executive Officer means the person employed in the Public Service as the Chief Executive Officer of the Trust.
Opera House premises means the whole of the land comprised in Lot 4, Deposited Plan 787933 and Lot 5, Deposited Plan 775888 and includes a building, work or fixture on the land.
parking includes standing and waiting.
public area means a part of the Opera House premises that—
(a) comprises open space, or
(b) is used for the purposes of a foyer, walkway or other facility of a public nature.
restricted area means a part of the Opera House premises that is not a public area or an auditorium and includes an area from which the public is excluded under clause 6.
vehicle means a motor vehicle, bicycle, scooter, skateboard, rollerblades or similar device but does not include—
(a) a pram or stroller, or
(b) a wheelchair or other mobility device used as a disability aid.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this By-law.
Part 2
Regulation of vehicles and persons on Opera House premises—the Act, s 28
Part 2 Regulation of vehicles and persons on Opera House premises—the Act, s 28
Part 2 Regulation of vehicles and persons on Opera House premises—the Act, s 28
4
Driving and parking vehicles
4 Driving and parking vehicles
4 Driving and parking vehicles
(1) A person must not use a vehicle on the Opera House premises unless permitted by the Trust.
Maximum penalty—10 penalty units.
(2) The Trust may, by giving a direction, displaying a sign or erecting a barrier, do one or more of the following—
(a) prohibit the entry of vehicles onto the Opera House premises,
(b) regulate or otherwise control the entry of a vehicle onto the Opera House premises,
(c) regulate the use and parking of vehicles on the Opera House premises,
(d) refuse to admit a vehicle onto the Opera House premises.
(3) A person must not do anything in contravention of a direction, sign or barrier under this clause.
Maximum penalty—10 penalty units.
(4) The Trust may—
(a) from time to time fix a scale of charges for the parking of vehicles on the Opera House premises, and
(b) demand and receive the charges from a person parking a vehicle on the Opera House premises.
5
Conditions of entry
5 Conditions of entry
5 Conditions of entry
(1) An authorised officer may, for the purposes of promoting safety and security on the Opera House premises, request that a person entering the premises do one or more of the following—
(a) undergo a search conducted by electronic means,
Example—
An electronic detection device passed over or in close proximity to the person or the person passing through a detection device.
(b) allow the authorised officer to search articles in the person’s possession,
(c) identify articles in the person’s possession,
(d) remove the person’s coat, jacket or similar item of clothing or gloves, shoes and hat or other headwear and allow the authorised officer to examine the items,
(e) if the person enters in or on a vehicle—allow the authorised officer to inspect or search the vehicle,
(f) leave an article in the person’s possession in the temporary custody of the Trust while the person is on the Opera House premises.
Example—
Checking the article into a cloakroom provided by the Trust.
(2) A request under subclause (1)(f) may be made by a member of staff of the Trust.
(3) A request under this clause may be made at any time a person is on the Opera House premises.
(4) A person’s entry to the Opera House premises, whether or not on payment of an admission fee, is subject to the condition that the person complies with a request made under this clause.
6
Exclusion of public from certain areas
6 Exclusion of public from certain areas
6 Exclusion of public from certain areas
The Trust may exclude the public from a part of the Opera House premises by—
(a) giving a direction, or
(b) displaying a sign, or
(c) erecting a barrier.
7
Admission to auditoriums and restricted areas
7 Admission to auditoriums and restricted areas
7 Admission to auditoriums and restricted areas
(1) A person must not enter an auditorium that is open for a ticketed performance or event unless the person has a ticket or a permit authorising the person to enter the auditorium.
Maximum penalty—10 penalty units.
(2) A person must not enter a restricted area unless the person has a permit authorising the person to enter the restricted area.
Maximum penalty—10 penalty units.
(3) The Trust may grant a permit authorising a person or group of persons to enter an auditorium or restricted area.
(4) A permit must be written and specify the following—
(a) the auditorium or restricted area to which it relates,
(b) the period during which the permit has effect,
(c) the purposes for which the permit is granted.
(5) In this clause—
ticketed performance or event means a performance or event for which a ticket must be held for entry to the auditorium in which the performance or event is taking place.
8
Prohibited activities in auditoriums
8 Prohibited activities in auditoriums
8 Prohibited activities in auditoriums
(1) A person must not take food or drink into, or consume food or drink within, an auditorium.
Maximum penalty—10 penalty units.
(2) During a performance in an auditorium, a person must not do the following—
(a) take photographs or films in the auditorium,
(b) use a device to record sound or images in the auditorium or to transmit sound or images from the auditorium,
(c) cause inconvenience to another person in the auditorium.
Maximum penalty—10 penalty units.
9
Prohibited activities on Opera House premises
9 Prohibited activities on Opera House premises
9 Prohibited activities on Opera House premises
(1) A person must not do the following on the Opera House premises—
(a) sell, hire, display for sale or hire or solicit for sale or hire a service, article or thing,
(b) distribute an article or thing for commercial or promotional purposes,
(c) conduct, or cause or assist in the conduct of, an amusement, entertainment, instruction or performance,
(d) conduct, or cause or assist in the conduct of, a public demonstration,
(e) use an audio, loudspeaker or broadcasting equipment or camera, whether photographic, cinematic or video, for commercial purposes,
(f) use a device to record or transmit sound or images for commercial purposes,
(g) distribute or display, by oral, visual, written, electronic or other means, an advertisement, sign, bill, poster or other promotional material,
(h) undertake a charitable collection,
(i) operate a radio or other electronic device, or play a musical instrument, at a volume likely to cause inconvenience to another person,
(j) operate a public address system, loudspeaker or similar device,
(k) allow an animal that is under the person’s care or control onto the premises,
(l) deface, damage, obscure or interfere with a sign or notice displayed on the premises,
(m) launch or land an aircraft.
Maximum penalty—10 penalty units.
(2) Subclause (1)(k) does not prohibit a person who has a disability from bringing an assistance animal onto the Opera House premises.
(3) A person must not smoke in an area of the Opera House premises unless a sign designates the area as an area in which smoking is permitted.
Maximum penalty—5 penalty units.
(4) In this clause—
animal means a non-human mammal or a bird, fish, reptile, amphibian, crustacean, insect, arachnid, arthropod or mollusc.
A person must not, while on the Opera House premises, damage, tamper with, or otherwise interfere with the operation of—
(a) equipment, fixtures or fittings on the Opera House premises, or
(b) an electronic, technological or computer system or network operating on the Opera House premises.
Maximum penalty—50 penalty units.
11
Mooring, fishing and swimming
11 Mooring, fishing and swimming
11 Mooring, fishing and swimming
(1) A person must not do the following—
(a) launch or moor a vessel from or to the Opera House premises,
(b) fish from the Opera House premises,
(c) swim to and enter the Opera House premises or swim from the premises.
Maximum penalty—10 penalty units.
(2) It is not an offence if a person swims to or from the Opera House premises, or launches or moors a vessel from or to the premises, in an emergency.
Part 3
Powers of authorised officers—the Act, s 28
Part 3 Powers of authorised officers—the Act, s 28
Part 3 Powers of authorised officers—the Act, s 28
12
Directions to leave
12 Directions to leave
12 Directions to leave
(1) An authorised officer may require a person who is in an auditorium or restricted area, or who is seeking entry to an auditorium or restricted area, to produce a ticket or permit authorising the person to enter the auditorium or area.
(2) An authorised officer may direct a person to leave an auditorium or restricted area if the person is not authorised by a ticket or permit to be in the auditorium or area.
(3) An authorised officer may direct a person to leave the Opera House premises or a part of the premises if the authorised officer believes on reasonable grounds that—
(a) the person is about to contravene, is contravening or has contravened a provision of this By-law, or
(b) the person is about to commit, is committing or has committed another offence on the Opera House premises, or
(c) the person is failing or has failed to comply with a request made under clause 5 that is a condition of the person’s entry to the Opera House premises, or
(d) the person is causing inconvenience or behaving in an offensive manner or a manner likely to endanger the person or another person, or
(e) the direction is necessary to protect the person’s health or safety or the health or safety of another person.
(4) A person must not fail to comply with a direction under this clause.
Maximum penalty—50 penalty units.
(5) An authorised officer may remove from the Opera House premises a person who fails to comply with a direction under this clause.
(6) Reasonable force may be used to effect the person’s removal.
13
Requirement to state name and address
13 Requirement to state name and address
13 Requirement to state name and address
(1) An authorised officer may require a person to state the person’s full name and residential address if the authorised officer suspects on reasonable grounds that the person—
(a) is contravening or has contravened a provision of this By-law, or
(b) is committing or has committed another offence on the Opera House premises.
(2) A person must not—
(a) without reasonable excuse, fail to comply with a requirement under this clause, or
(b) in purported compliance with a requirement, provide information that the person knows to be false or misleading in a material particular.
Maximum penalty—50 penalty units.
(3) A person is not guilty of an offence against this clause unless it is established that the authorised officer warned the person that the failure to comply with the requirement is an offence.
14
Taking photographs
14 Taking photographs
14 Taking photographs
An authorised officer may take a photograph or make another form of image of a person if the authorised officer suspects on reasonable grounds that the person—
(a) is contravening or has contravened a provision of this By-law, or
(b) is committing or has committed another offence on the Opera House premises.
15
Powers in relation to aircraft, vehicles and vessels
15 Powers in relation to aircraft, vehicles and vessels
15 Powers in relation to aircraft, vehicles and vessels
(1) An authorised officer may direct a person to remove from the Opera House premises an unlawfully landed aircraft, unlawfully parked vehicle or unlawfully moored vessel that is under the person’s control.
(2) A person must not fail to comply with a direction under this clause.
Maximum penalty—10 penalty units.
(3) An authorised officer may cause an unlawfully landed aircraft, unlawfully parked vehicle or unlawfully moored vessel to be removed from the Opera House premises if—
(a) the person in control of the aircraft, vehicle or vessel has failed to comply with a direction to remove the aircraft, vehicle or vessel, or
(b) the aircraft, vehicle or vessel is unattended and the authorised officer, after making reasonable inquiries, has been unable to identify a person who is in control of the aircraft, vehicle or vessel.
(4) For the purpose of promoting safety and security on the Opera House premises, an authorised officer may cause an aircraft, vehicle or vessel to be removed from the premises at any time.
Part 4
Miscellaneous—the Act, s 28
Part 4 Miscellaneous—the Act, s 28
Part 4 Miscellaneous—the Act, s 28
16
Banning from Opera House premises
16 Banning from Opera House premises
16 Banning from Opera House premises
(1) The Trust may ban a person from the Opera House premises if it believes on reasonable grounds that—
(a) the person has contravened a provision of this By-law or has committed another offence on the Opera House premises, or
(b) the person has failed to comply with a request made under clause 5 that is a condition of the person’s entry to the Opera House premises, or
(c) the person has caused inconvenience or has behaved in an offensive manner or a manner likely to endanger the person or another person.
(2) A ban under this clause takes effect when written notice of the ban is served on the person and remains in force for the period specified in the notice or for 3 months, if no period is specified.
(3) The maximum period that may be specified in a notice under subclause (2) is 3 months unless there is a ban already in force in relation to the person, in which case the maximum period that may be specified is 12 months.
(4) The Trust may remove a ban in relation to a person at any time by written notice served on the person.
(5) A person must not enter the Opera House premises while a ban is in force in relation to the person.
Maximum penalty—50 penalty units.
(6) The Trust may delegate the exercise of a function of the Trust under this clause, other than this power of delegation, to the Chief Executive Officer, another member of staff of the Trust or a police officer.
17
Exercise of Trust’s functions
17 Exercise of Trust’s functions
17 Exercise of Trust’s functions
A function conferred on the Trust by this By-law, other than a function under clause 16, may be exercised by an authorised officer.
18
Offence to hinder or obstruct
18 Offence to hinder or obstruct
18 Offence to hinder or obstruct
A person must not hinder or obstruct a person in the exercise of a function under this By-law.
Maximum penalty—10 penalty units.
19
Certain acts not to be offences
19 Certain acts not to be offences
19 Certain acts not to be offences
(1) A person does not commit an offence under this By-law if the act giving rise to the offence was done—
(a) as part of a performance put on, or approved, by the Trust, or
(b) by a member of staff of the Trust in the course of the member’s employment, or
(c) under the direction or with the consent of the Trust.
(2) The consent of the Trust referred to in this clause may be given generally or in a particular case.
20
Allowances for trustees
20 Allowances for trustees
20 Allowances for trustees
The allowances to which a trustee is entitled under the Act, section 13 are the allowances for the time being fixed by the Governor.
21
Savings
21 Savings
21 Savings
Any act, matter or thing that, immediately before the repeal of the Sydney Opera House Trust By-law 2015, had effect under that By-law continues to have effect under this By-law.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of By-law
1 Name of By-law
1 Name of By-law
This By-law is the Sydney Opera House Trust By-law 2021.
2 Commencement
2 Commencement
2 Commencement
This By-law commences on 1 September 2021 and is required to be published on the NSW legislation website.
Note—
This By-law replaces the Sydney Opera House Trust By-law 2015, which is repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
3 Definitions
3 Definitions
In this By-law—
aircraft includes a drone or other unmanned aerial vehicle, hang-glider, hot air balloon and parachute.
auditorium means a chamber music hall, cinema, concert hall, drama theatre or opera theatre on the Opera House premises and includes any other part of the Opera House premises, whether indoors or outdoors, while the part is being used to hold a performance or event.
authorised officer means each of the following persons—
(a) a police officer,
(b) the Chief Executive Officer,
(c) a person employed in the Public Service who is assigned to an authorised officer role by the Chief Executive Officer, generally or in relation to a particular provision of this By-law,
(d) a person authorised for the time being by the Chief Executive Officer or the Trust to exercise the functions of an authorised officer, generally or in relation to a particular provision of this By-law.
Chief Executive Officer means the person employed in the Public Service as the Chief Executive Officer of the Trust.
motor vehicle has the same meaning as in the Road Transport Act 2013.
Opera House premises means the whole of the land comprised in Lot 4, Deposited Plan 787933 and Lot 5, Deposited Plan 775888 and includes a building, work or fixture on the land.
parking includes standing and waiting.
public area means a part of the Opera House premises that—
Main concepts
The By-law is built on a small set of recurring operational concepts that determine who can be where, what they may do, and how the Trust and authorised officers enforce those rules.
Authorised officer: clause 3 defines who counts as an authorised officer. The class includes police, the Chief Executive Officer, Public Service employees assigned to the role by the CEO, and any person authorised by the CEO or the Trust for general or specific provisions. That definition allocates decision and enforcement power across public servants, police and any person the Trust or CEO designates (clause 3).
Permits and tickets: clause 7 sets a written permit requirement for entry to auditoriums open for ticketed performances and to restricted areas. Permits must state the location, period and purpose (clause 7(4)). Entry to ticketed auditoriums without a ticket or permit is an offence (clause 7(1)).
Entry conditions and searches: clause 5 makes compliance with specified requests a condition of entry. Authorised officers may require electronic searches, inspection of articles, removal of certain clothing items for examination, vehicle inspection and temporary custody of articles, such as cloakroom checking (clause 5(1)-(4)). Clause 5(4) makes the requirement of compliance a condition of entry regardless of whether an admission fee was paid.
Exclusions and directions: the Trust may exclude the public from parts of the premises by direction, sign or barrier (clause 6). Authorised officers may direct persons to leave auditoriums or the premises under clearly stated grounds (clause 12(2)-(3)), and may remove non‑compliant persons using reasonable force where necessary (clause 12(5)-(6)).
Prohibited activities: clause 9 lists a broad range of commercial, promotional, demonstrative and conduct activities prohibited on the premises, including selling, soliciting, charitable collections, commercial filming and advertising. Clause 8 places further restrictions on conduct in auditoriums during performances such as prohibiting food or drink and recording.
Vehicle regulation and charging: clause 4 requires permission to use a vehicle on the premises and empowers the Trust to prohibit, regulate or refuse vehicle entry, to put up signs or barriers, and to fix and collect parking charges (clause 4(1)-(4)).
Enforcement and penalties: multiple clauses specify maximum penalties measured in penalty units for specified contraventions (for example, clause 4(1) 10 penalty units; clause 10 50 penalty units). Clause 13 allows authorised officers to require name and address where there are reasonable grounds to suspect a contravention, subject to a prior warning requirement before a prosecution (clause 13(3)). Clause 14 permits authorised officers to take photographs of persons suspected of contravening the By-law (clause 14).
Delegation and exercise of functions: the Trust may delegate most functions to the CEO, staff or police under clause 16(6) in respect of bans, and clause 17 allows authorised officers to exercise Trust functions conferred by the By-law, other than clause 16 functions.
Definitions in clause 3 and cross‑references to the Act and other statutes shape the application of these concepts. The By-law’s structure makes the Trust the primary decision maker for access and commercial use and places day‑to‑day enforcement in the hands of authorised officers.
Who it affects
The By-law applies directly to anyone who enters or seeks to enter the Opera House premises as defined in clause 3. That captures members of the public, ticketed patrons, staff, contractors, performers, vendors, vessels and vehicle operators, and persons who use devices such as bicycles, scooters, skateboards and similar devices (clause 3, definition of vehicle). The definition of vehicle explicitly excludes prams, strollers and wheelchairs or other mobility devices used as disability aids (clause 3), so those pushing prams or using mobility aids are not caught by vehicle restrictions in the By-law. Assistance animals brought by persons with disability are expressly permitted despite the general animal prohibition (clause 9(2)). Personnel of the Trust are affected in two ways: they may be authorised officers if the CEO assigns roles (clause 3), and acts done by a member of staff in the course of employment are exempted from being offences under clause 19(1)(b).
The Trust and the Chief Executive Officer are central decision makers. The Trust may give directions, display signs or erect barriers to control vehicle access and public exclusion (clauses 4(2), 6), may fix parking charges and demand payment (clause 4(4)), and may grant written permits for restricted areas or auditoriums (clause 7(3)-(4)). The Trust also has power to ban individuals from premises on stated reasonable grounds, and to delegate that function within limits (clause 16). The CEO is separately named in the authorised officer list and may both exercise enforcement powers and delegate roles (clause 3, clause 16(6)).
Authorised officers, a class including police and designated staff (clause 3), have operational powers that affect a wide range of individuals: they can request searches and inspection on entry (clause 5), require name and address information where reasonable grounds exist (clause 13), photograph persons suspected of offences (clause 14), direct removal of unlawfully landed aircraft, parked vehicles or moored vessels and cause removal (clause 15), and require persons to leave or remove them using reasonable force if they do not comply (clause 12).
Persons engaged in commercial activities, filming, distribution of promotional material, public demonstrations or charitable collections are specifically targeted by prohibitions in clause 9. Contractors and service providers who require access to restricted areas or auditoriums must obtain permits that are written and state purpose, period and area (clause 7(4)). Trustees are affected in a narrow financial way: allowances to which a trustee is entitled under the Act s 13 are to be those fixed by the Governor (clause 20).
In addition to the direct regulatory targets, the By-law affects operators of vessels and aircraft in relation to launching, mooring and landing on the Opera House premises (clauses 9(1)(m), 11, 15). Finally, everyone on the premises is subject to the condition that they may be required to comply with entry requests under clause 5(4), whether or not entry involved payment.
Key duties and rights
The By-law imposes duties on persons on the premises and confers rights and discretions on the Trust and authorised officers. Below are principal duties and the principal decision rights.
Duties on persons on the premises:
Comply with vehicle permission and control provisions: a person must not use a vehicle on the Opera House premises unless permitted by the Trust (clause 4(1)). Contravening directions, signs or barriers under clause 4 is an offence (clause 4(3)).
Accept entry conditions: entry is conditional on complying with requests under clause 5, including electronic searches, inspection of articles, removal of certain outer garments and vehicle inspection (clause 5(1), 5(4)).
Hold appropriate tickets or permits: a person must not enter a ticketed auditorium without a ticket, nor enter a restricted area without a permit (clause 7(1)-(2)). Permits must be written and specify auditorium/area, period and purpose (clause 7(4)).
Observe auditorium rules: do not bring or consume food or drink in an auditorium, do not take photographs or make recordings during a performance and do not cause inconvenience to others (clause 8(1)-(2)).
Refrain from prohibited activities on the premises: sales, solicitation, distribution for commercial or promotional purposes, commercial filming or recording, demonstrations, charity collections, operating loud equipment likely to inconvenience, bringing animals (with disability exception), defacing signage, and launching or landing aircraft are all prohibited without authority (clause 9(1), 9(2), 9(3)).
Comply with authorised officer directions to leave, to produce tickets or permits, to state full name and residential address when reasonably required, and to remove unlawfully landed aircraft, unlawfully parked vehicles or unlawfully moored vessels that are under a person’s control (clauses 12, 13, 15). Failure to comply attracts penalties (clauses 12(4), 13(2), 15(2)).
Not hinder or obstruct persons exercising functions under the By-law (clause 18).
Rights and discretions of the Trust and authorised officers:
The Trust may prohibit, regulate or otherwise control vehicle entry and use, refuse vehicle entry, erect barriers and fix parking charges (clause 4(2)-(4)). The Trust can demand and receive parking charges (clause 4(4)(b)).
The Trust may exclude the public from parts of the premises by direction, sign or barrier (clause 6).
The Trust may grant permits to enter auditoriums or restricted areas and must provide these permits in writing with specified details (clause 7(3)-(4)).
Authorised officers may request searches and other entry conditions to promote safety and security (clause 5(1)), require production of tickets or permits (clause 12(1)), direct persons to leave and remove persons where necessary (clause 12(2), 12(5)), require name and address on reasonable grounds (clause 13(1)), and photograph persons suspected of offences (clause 14).
Authorised officers may cause an unlawfully landed aircraft, unlawfully parked vehicle or unlawfully moored vessel to be removed, where the person in control has failed to comply or the item is unattended after reasonable enquiries (clause 15(3)). They may also cause removal at any time to promote safety and security (clause 15(4)).
The Trust may ban a person from the premises on reasonable grounds, set the ban period subject to maximums, serve written notice and remove a ban (clause 16(1)-(4)). The Trust may delegate exercise of its functions under clause 16 except the power of delegation itself (clause 16(6)). Clause 17 allows authorised officers to exercise Trust functions conferred by the By-law, other than clause 16.
Procedural protections and limits in the text:
A person accused under clause 13 is not guilty unless the authorised officer warned the person that failure to comply is an offence (clause 13(3)).
Clause 19 provides carve-outs so that acts done as part of an approved performance, by Trust staff in the course of employment, or with Trust direction or consent are not offences (clause 19(1)-(2)).
Bans take effect on service of written notice and default to three months if no period is specified; maximum specified period is 3 months unless a prior ban exists in which case up to 12 months may be specified (clause 16(2)-(3)).
Several provisions set penalty maxima in penalty units. Notably, interference with equipment or electronic systems carries a maximum penalty of 50 penalty units (clause 10). Other common maxima are 10 penalty units for many standard contraventions such as unauthorised vehicle use (clause 4(1)), unauthorised entry (clause 7), many prohibited activities (clause 9(1)), and removal or failure to comply with aircraft/vehicle/vessel directions (clause 15(2)).
Penalties and enforcement
The By-law prescribes a range of maximum penalties in penalty units and provides operational enforcement powers to authorised officers and the Trust.
Specified penalty levels:
50 penalty units: for damaging, tampering with or interfering with equipment, fixtures, fittings or electronic, technological or computer systems or networks operating on the premises (clause 10). Also 50 penalty units appears in context as the maximum under clause 12(4) for failing to comply with a direction to leave, clause 13(2) for failure to comply with a name and address requirement, clause 16(5) for entering while a ban is in force, and clause 18 for hindering or obstructing exercise of a function under the By-law. These clauses each state their own maxima.
10 penalty units: for failure to comply with clause 4(1) vehicle prohibition, clause 4(3) contravening Trust directions/signs/barriers, unauthorised entry to auditoriums or restricted areas (clause 7(1)-(2)), many prohibited activities in clause 9(1), mooring/fishing/swimming prohibitions (clause 11(1)), and failure to comply with direction under clause 15 (clause 15(2)).
5 penalty units: for smoking in an area where a sign does not designate it as permitted (clause 9(3)).
Enforcement powers and mechanisms:
Authorised officers have a suite of coercive powers. They may require production of tickets or permits (clause 12(1)), direct persons to leave auditoriums or restricted areas if not authorised (clause 12(2)), and direct people to leave the premises where specified grounds exist, such as belief on reasonable grounds that the person has contravened a provision or is about to commit an offence, or is causing inconvenience or danger (clause 12(3)). Failure to comply is an offence with a maximum of 50 penalty units (clause 12(4)), and authorised officers may remove the person and use reasonable force to effect removal (clauses 12(5)-(6)).
Clause 13 permits authorised officers to require name and residential address where they suspect on reasonable grounds that a person has contravened a By-law provision or committed another offence. Failure to comply without reasonable excuse or providing false information are offences with maximum of 50 penalty units (clause 13(2)). The person is not guilty unless the authorised officer warned them that failure to comply is an offence (clause 13(3)). This warning is a precondition to liability under clause 13.
Clause 14 allows authorised officers to take photographs or other images of a person if the authorised officer suspects on reasonable grounds that the person has contravened a provision or committed an offence. The text does not specify retention periods, data handling or disclosure limitations; these are not set out in the By-law itself.
Clause 15 provides powers to direct removal of unlawfully landed aircraft, unlawfully parked vehicles or unlawfully moored vessels under a person’s control and to cause their removal where the person fails to comply or after reasonable enquiries if the item is unattended (clause 15(1)-(3)). Clause 15(4) permits removal at any time for the purpose of promoting safety and security.
Bans: Clause 16 allows the Trust to ban a person from the premises where it believes on reasonable grounds that the person has contravened the By-law, failed to comply with an entry request that was a condition of entry, or behaved in a manner likely to endanger. Bans take effect when written notice is served and last for the period specified or three months if no period specified, with a maximum specified period of three months unless an earlier ban is in force in which case up to 12 months may be specified (clause 16(2)-(3)). Entering while a ban is in force is an offence subject to a maximum of 50 penalty units (clause 16(5)). The Trust may remove a ban at any time by written notice (clause 16(4)). The Trust may delegate the exercise of its functions under clause 16 other than the power of delegation itself to the CEO, another staff member or a police officer (clause 16(6)).
Clause 18 creates an offence of hindering or obstructing a person exercising a function under the By-law, maximum 10 penalty units.
Operational enforcement features and limits:
Reasonableness and warning conditions appear in several places. For instance, authorised officers must have reasonable grounds to form certain suspicions before requiring name and address or taking photographs (clauses 13(1), 14). Clause 13(3) requires that an authorised officer warn a person that failing to comply is an offence before the person is guilty of an offence under clause 13.
Use of force: clause 12(6) explicitly permits reasonable force to remove persons who fail to comply with directions to leave.
Delegation: enforcement reach is expanded through delegation. Clause 17 allows authorised officers to exercise Trust functions conferred by the By-law other than under clause 16, which is separately subject to limited delegation under clause 16(6).
Carve-outs: employees acting in course of employment, approved performances and acts done under Trust direction or consent are not offences under clause 19.
The By-law sets maxima in penalty units but does not set practical enforcement procedures such as notice periods, appeal processes, or handling of seized items and images. Those operational matters would be governed by other applicable administrative law principles, relevant Acts referenced in clause 3, and practice.
How it interacts with other laws
The By-law expressly cross‑references the Sydney Opera House Trust Act 1961 (the Act) and other statutes and relies on their definitions and interpretive frameworks. Clause 3 states that "the Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this By-law." Specific statutory cross‑references within definitions and body text include:
Sydney Opera House Trust Act 1961: the By-law is made under, and intended to operate subject to, the Act (clause 3 note). Several powers referenced as being "the Act, s 28" are noted in part headings, indicating the By-law exercises regulation in areas contemplated by the Act (Parts 2, 3 and 4 headers).
Interpretation Act 1987: clause 3 notes that definitions and other provisions in that Act affect interpretation and application. That implies statutory interpretation, computation of time, service of notices and similar interpretive matters use established rules in the Interpretation Act.
Road Transport Act 2013: clause 3 adopts the Road Transport Act meaning for "motor vehicle", which will determine application of vehicle restrictions and may link to licensing and registration obligations under road transport law.
Disability Discrimination Act 1992 (Commonwealth): clause 9 refers to the terms "assistance animal" and "disability" having the same meanings as in that Commonwealth Act, thus aligning the By-law with federal definitions and protections for assistance animals.
Smoke-free Environment Act 2000: clause 9(4) adopts the meaning of "smoke" from that Act, which situates smoking prohibitions within the existing smoke‑free framework.
Subordinate Legislation Act 1989: the commencement note states the By-law replaces and repeals the 2015 By-law on 1 September 2021 by operation of section 10(2) of that Act. Clause 21 preserves continuity by saving acts that had effect under the 2015 By-law so they continue under the 2021 By-law.
Practical interaction effects implied by textual cross‑references:
Definitions: by adopting meanings from other statutes, the By-law does not redefine matters such as "motor vehicle", "assistance animal", "disability" or "smoke". That makes the By-law interoperable with other regulatory regimes and ensures consistent application across areas such as road rules, discrimination law and smoke-free law.
Delegation and enforcement: authorised officers include police (clause 3), which brings state policing powers and procedures into operation when police act under the By-law; in addition, where the CEO assigns public service employees to authorised officer roles, employment law and public service procedures will apply to internal delegations and accountability.
Data and privacy: clause 14 authorises photographing persons suspected of offences. The By-law does not set out data retention, handling or privacy safeguards; those matters will be governed by applicable privacy legislation and administrative law, which are not specified in the By-law text but will be relevant in operational implementation.
Offences and penalties: the By-law uses penalty units. Conversion of penalty units to monetary amounts is governed by the standard statutory schedule for penalty units in force, not by the By-law itself.
The By-law also creates overlaps with other areas of law that the text does not resolve internally. For example, searches and temporary custody of articles under clause 5 will sit alongside property and personal rights, and obligations under anti‑discrimination law where assistance animals and disability are implicated must be respected because clause 9(2) expressly preserves assistance animal access. Where the By-law permits use of reasonable force (clause 12(6)), human rights and policing standards applicable under other law will determine the lawful scope and limits of force.
Clause 19 states specified acts are not offences under the By-law where done as part of a Trust‑approved performance, by Trust staff in the course of employment, or with Trust direction or consent; that carve-out interacts with contract and employment law and with licensing and permit regimes the Trust operates.
Overall, the By-law is drafted to operate alongside and within the framework of relevant Acts; it delegates operational detail to Trust policy and to enforcement practice which must be reconciled with applicable statutory obligations outside the By-law.
Amendment history
The text supplied contains limited explicit amendment material. The By-law commenced on 1 September 2021 and replaces the Sydney Opera House Trust By-law 2015 (clause 2). The commencement note explains that the 2015 By-law was repealed on 1 September 2021 by operation of section 10(2) of the Subordinate Legislation Act 1989; the 2021 By-law is required to be published on the NSW legislation website (clause 2). Clause 21 preserves continuity by providing that any act, matter or thing that had effect under the 2015 By-law immediately before repeal continues to have effect under this By-law (clause 21). Clause 20 appoints the Governor as the determiner of trustee allowances under the Act s 13, but does not itself amend monetary amounts; it simply fixes the source of trustee allowances to the Governor's determinations (clause 20).
No other amendment dates, schedules, transitional provisions beyond clause 21, or historical revisions are set out in the text provided. The structure indicates the By-law was intended to be a contemporary restatement replacing the 2015 instrument with continuity of effect for pre-existing acts and arrangements. Where the By-law refers to other statutes (for example, the Act, the Road Transport Act 2013, the Disability Discrimination Act 1992 and the Smoke-free Environment Act 2000), those statutes may have their own separate amendment histories that affect interpretation of terms used in this By-law; such amendments are not set out in this text.
Because clause 21 expressly continues effects established under the repealed 2015 By-law, prior permissions, arrangements or authorisations that existed immediately before repeal continue under the 2021 By-law unless and until varied or revoked under the new instrument. The By-law does not include a schedule of prior amendments, revocations of specific provisions of the 2015 instrument, or a sunset or review clause. No legislative amendment procedure or mechanism within the By-law itself prescribes how future changes will be made beyond ordinary statutory processes for subordinate legislation.
If a practitioner needs a full amendment chronology, the By-law itself indicates that the 2015 instrument was repealed and replaced on a specified date; further amendment history would need to be obtained from the official NSW legislation database and gazette records referenced in clause 2 and related notes.
Litigation history
The By-law text does not include or cite any judicial decisions, administrative reviews, or past enforcement cases. The instrument itself names no cases and records no litigation outcomes. Because the supplied text contains no case law, there is no litigation history contained within this document to summarise.
Practically, absence of litigation references in the By-law means there are no statutory notes about judicial interpretation or precedent built into this instrument. Users should therefore treat the By-law’s provisions as unannotated legislative text: application, reasonableness thresholds (for example, where authorised officers must have reasonable grounds), thresholds for warning before liability (clause 13(3)), and the scope of delegation and use of force (clauses 12(5)-(6), 16(6), 17) will be matters for enforcement practice and judicial review where contested. The By-law provides mechanics for enforcement and penalties but does not set out administrative appeal or review processes within its own text.
Where enforcement actions give rise to disputes , for example, contested bans under clause 16, charges for failure to comply with directions or searches under clause 5, or prosecutions under clauses imposing penalty units , any litigation or review would proceed under general administrative law principles, criminal or regulatory procedures and relevant evidence law. Those legal processes and potential routes of challenge are not set out in the By-law and would be found in court rules, the Act, the Criminal Procedure Act and other applicable laws, none of which are reproduced in the text supplied.
Because the By-law delegates significant discretion to the Trust and authorised officers (clauses 3, 16, 17), a future litigant might focus on whether decisions were reasonable, whether procedural warnings were given (clause 13(3)), whether searches and photography were conducted on reasonable grounds (clauses 5, 14), and whether removal or force complied with the "reasonable" standard in clause 12(6). However, these are prospective areas of dispute and not recorded as resolved matters in the instrument provided.
In short, the supplied By-law contains no litigation history. Any work that requires precedential interpretation or settled judicial construction will need to source relevant case law and tribunal decisions external to this text.
Gotchas
The By-law contains a number of technical features and drafting choices that create practical compliance traps or points of uncertainty which practitioners and operational staff should note.
Condition of entry regardless of payment: Clause 5(4) makes compliance with entry requests (searches, inspection, leaving articles in temporary custody, etc.) a condition of entry whether or not an admission fee was paid. Patrons who believe paying an admission fee confers additional rights should note the By-law displaces that assumption and imposes entry conditions uniformly.
Breadth of authorised officers: Clause 3 defines authorised officers to include the CEO, public servants assigned to the role by the CEO, and persons authorised by the CEO or the Trust generally or in relation to a particular provision. This allows broad delegation of enforcement authority and can lead to variability in who exercises powers day to day. Clause 17 then permits authorised officers to exercise Trust functions conferred by the By-law, other than clause 16 functions. Operational practice must track who is authorised at a given time.
Written permit formalities: Clause 7(4) requires permits to be written and to specify auditorium/restricted area, period and purposes. Oral assurances or informal arrangements are not compliant with the By-law’s permit form. Additionally clause 21 preserves prior permissions from the repealed 2015 By-law, but new or renewed permissions should be issued in the written form required.
Warning requirement for name and address offences: Under clause 13(3) a person is not guilty of an offence under clause 13 unless the authorised officer warned the person that failure to comply is an offence. Failure to issue that warning may preclude prosecution under clause 13 even where there were reasonable grounds for suspicion.
Photography and privacy: Clause 14 allows authorised officers to take photographs or make other images of persons suspected on reasonable grounds of offences. The By-law does not include retention, use or disclosure restrictions for images, which creates an operational gap that must be managed under privacy laws or administrative policy outside the By-law.
Removal and use of force: Authorised officers may remove persons who fail to comply with directions and may use reasonable force to effect removal (clause 12(5)-(6)). The presence of a statutory "reasonable force" permission does not define its scope in detail; force must be exercised within limits imposed by other law and operational policy.
High‑value penalty for equipment interference: Clause 10 sets a maximum penalty of 50 penalty units for interfering with physical equipment or electronic systems. That significantly elevates risk for contractors, photographers, or protestors who might touch or tamper with fittings or networks.
Broad prohibitions on commercial and expressive conduct: Clause 9(1) prohibits a wide set of activities including sale, solicitation, distribution for commercial or promotional purposes, public demonstrations and charitable collections. Clause 9 does not itself set out a permit process for such activities; therefore organisers should secure Trust consent to avoid offences. Clause 19 provides an exemption where acts are part of a Trust‑approved performance or under Trust direction or consent, but the consent must be explicit.
Vehicle definition and exclusions: Clause 3 defines "vehicle" to include bicycles, scooters, skateboards and similar devices but explicitly excludes prams, strollers and wheelchairs or other mobility devices used as disability aids. Operators of personal mobility devices need to be aware of how these definitions affect enforcement of vehicle prohibitions under clause 4.
Bans take effect on service of written notice: Clause 16(2) makes bans effective when written notice is served and sets default and maximum periods (three months by default, maximum 3 months unless a ban is already in force, when the maximum specified period is 12 months). A practical pitfall is the need for explicit, valid service of written notice to trigger the ban.
Delegation limits: Clause 16(6) allows delegation of the Trust's function under clause 16, other than the power of delegation itself, to the CEO, staff or a police officer. The text forbids delegating the delegation power, so practitioners should confirm that delegated actors are properly authorised in writing.
Preservation of prior acts: Clause 21 continues acts that had effect under the 2015 By-law. This can produce a mix of legacy authorisations that have not been formalised in the new By-law’s written permit form (clause 7(4)). Organisations relying on legacy permissions should obtain written confirmation to conform to the current permit requirements.
These features indicate areas where signage, written permits, staff training, record keeping, and clear delegation instruments are necessary to limit disputes and accidental contraventions. Operational policies should address photographic evidence management, service of ban notices, and warning scripts for name and address requirements.
How to comply
Compliance with the By-law requires alignment across operational policy, signage, permitting, staff authorisations and patron communications. Below are concrete steps, tied to the By-law’s provisions.
Authorisations and delegation
Maintain written instruments of delegation consistent with clause 16(6) and clause 17. Ensure the Trust has recorded who is an authorised officer under clause 3, and publish that list internally. Authorised officers should have documented authority where the CEO assigns public service employees to the role or the CEO/Trust authorises persons for particular provisions.
Vehicle access and parking
Implement a written vehicle access policy reflecting clause 4. Display clear signage at entry points on vehicle prohibitions or regulated entry. If the Trust fixes parking charges under clause 4(4), publish a scale of charges and provide receipts or tickets evidencing payment. For any vehicles allowed, ensure the permit or permission is recorded.
Entry screening and searches
Develop standard operating procedures for entry requests under clause 5. Create scripts and signage to inform entrants that compliance with search and inspection requests is a condition of entry (clause 5(4)). Ensure authorised officers are trained in the scope of permissible searches (electronic devices, inspection of articles, temporary custody of items), in how to manage cloakroom or temporary custody under clause 5(1)(f), and in debriefing persons whose items are retained temporarily. Record each instance of inspection or temporary custody.
Permits and written authorisations
Issue permits for auditoriums and restricted areas in writing and ensure each permit contains the auditorium or restricted area, the effective period and the purposes for which it is granted as required by clause 7(4). Retain copies and log permit holders. Where previous permits from the 2015 By-law remain in effect under clause 21, obtain or confirm written reissue in the new form where practicable.
Auditorium and event rules
Enforce no food or drink, no photography, no recording and conduct rules during performances as set out in clause 8. Communicate prohibited behaviours on tickets, at doors and in pre‑event materials. Train staff on identifying and responding to infringements, and on the process for directing persons to leave (clause 12) when necessary.
Prohibited commercial and public activities
For any commercial activities, charitable collections, demonstrations, film production, or promotional distribution, obtain Trust consent or a written licence. Establish an internal permit or booking workflow for commercial filming and public demonstration requests to avoid clause 9 contraventions.
Assistance animals and accessibility
Ensure front‑of‑house staff are familiar with clause 9(2) and accept assistance animals consistent with the Disability Discrimination Act 1992 definitions. Maintain accessibility policies that reflect the vehicle exceptions for wheelchairs and mobility devices in clause 3.
Enforcement practice and warnings
Require authorised officers to give the warning mandated by clause 13(3) before charging a person under clause 13 for failure to provide name and address. Record warnings in enforcement logs. Ensure officers document reasonable grounds for directions to leave (clause 12(3)), name/address requirements (clause 13(1)), and photography (clause 14).
Handling of photographs and data
Because clause 14 authorises photography, implement a data management and privacy policy consistent with applicable privacy legislation. Document purpose, retention period, access controls and lawful disclosure practices for images captured under clause 14.
Removal of vehicles/aircraft/vessels and use of force
Create a clear policy for how authorised officers will instruct removal of unlawfully parked vehicles, landed aircraft or moored vessels (clause 15). Before causing removal, make and record reasonable enquiries to identify the person in control as required by clause 15(3)(b). For removals and any use of force under clause 12(6), adopt force‑minimisation protocols consistent with policing standards and ensure officers receive training on use of reasonable force.
Ban notices and service
Draft standard form notices for bans under clause 16 that clearly state grounds, effective date upon service and the period of the ban. Use reliable methods of service with contemporaneous proof of delivery. Establish an internal appeals or review process where feasible to manage disputes and maintain records of any removed bans pursuant to clause 16(4).
Contractor and staff engagement
Ensure contractors and events staff understand that acts done by Trust staff in the course of employment or under Trust direction are not offences under clause 19. Where contractors require permissions, secure written directives from the Trust.
Record keeping and signage
Keep records of all permits, parking charges collected under clause 4(4), written bans served, delegated authorisations, and instances of searches, inspections and photography. Update physical and digital signage to reflect vehicle prohibitions, exclusion signs under clause 6, smoking designation areas (clause 9(3)), and the conditions of entry under clause 5.
Legal and policy alignment
Review policies for consistency with the Act and other statutes referenced in clause 3 (for example, Road Transport Act 2013 for motor vehicle definitions, Disability Discrimination Act 1992 for assistance animals, and Smoke‑free Environment Act 2000 for smoking definitions). Ensure enforcement actions are compatible with other statutory obligations.
Following these steps will reduce the risk of contraventions (many of which carry penalty units), ensure procedural safeguards such as warnings required by clause 13(3) are respected, and provide an auditable trail for decisions by authorised officers and the Trust.
(b) is used for the purposes of a foyer, walkway or other facility of a public nature.
restricted area means a part of the Opera House premises that is not a public area or an auditorium and includes an area from which the public is excluded under clause 6.
the Act means the Sydney Opera House Trust Act 1961.
vehicle means a motor vehicle, bicycle, scooter, skateboard, rollerblades or similar device but does not include—
(a) a pram or stroller, or
(b) a wheelchair or other mobility device used as a disability aid.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this By-law.
Part 2 Regulation of vehicles and persons on Opera House premises—the Act, s 28
Part 2 Regulation of vehicles and persons on Opera House premises—the Act, s 28
Part 2 Regulation of vehicles and persons on Opera House premises—the Act, s 28
4 Driving and parking vehicles
4 Driving and parking vehicles
4 Driving and parking vehicles
(1) A person must not use a vehicle on the Opera House premises unless permitted by the Trust.
Maximum penalty—10 penalty units.
(2) The Trust may, by giving a direction, displaying a sign or erecting a barrier, do one or more of the following—
(a) prohibit the entry of vehicles onto the Opera House premises,
(b) regulate or otherwise control the entry of a vehicle onto the Opera House premises,
(c) regulate the use and parking of vehicles on the Opera House premises,
(d) refuse to admit a vehicle onto the Opera House premises.
(3) A person must not do anything in contravention of a direction, sign or barrier under this clause.
Maximum penalty—10 penalty units.
(4) The Trust may—
(a) from time to time fix a scale of charges for the parking of vehicles on the Opera House premises, and
(b) demand and receive the charges from a person parking a vehicle on the Opera House premises.
5 Conditions of entry
5 Conditions of entry
5 Conditions of entry
(1) An authorised officer may, for the purposes of promoting safety and security on the Opera House premises, request that a person entering the premises do one or more of the following—
(a) undergo a search conducted by electronic means,
Example—
An electronic detection device passed over or in close proximity to the person or the person passing through a detection device.
(b) allow the authorised officer to search articles in the person’s possession,
(c) identify articles in the person’s possession,
(d) remove the person’s coat, jacket or similar item of clothing or gloves, shoes and hat or other headwear and allow the authorised officer to examine the items,
(e) if the person enters in or on a vehicle—allow the authorised officer to inspect or search the vehicle,
(f) leave an article in the person’s possession in the temporary custody of the Trust while the person is on the Opera House premises.
Example—
Checking the article into a cloakroom provided by the Trust.
(2) A request under subclause (1)(f) may be made by a member of staff of the Trust.
(3) A request under this clause may be made at any time a person is on the Opera House premises.
(4) A person’s entry to the Opera House premises, whether or not on payment of an admission fee, is subject to the condition that the person complies with a request made under this clause.
6 Exclusion of public from certain areas
6 Exclusion of public from certain areas
6 Exclusion of public from certain areas
The Trust may exclude the public from a part of the Opera House premises by—
(a) giving a direction, or
(b) displaying a sign, or
(c) erecting a barrier.
7 Admission to auditoriums and restricted areas
7 Admission to auditoriums and restricted areas
7 Admission to auditoriums and restricted areas
(1) A person must not enter an auditorium that is open for a ticketed performance or event unless the person has a ticket or a permit authorising the person to enter the auditorium.
Maximum penalty—10 penalty units.
(2) A person must not enter a restricted area unless the person has a permit authorising the person to enter the restricted area.
Maximum penalty—10 penalty units.
(3) The Trust may grant a permit authorising a person or group of persons to enter an auditorium or restricted area.
(4) A permit must be written and specify the following—
(a) the auditorium or restricted area to which it relates,
(b) the period during which the permit has effect,
(c) the purposes for which the permit is granted.
(5) In this clause—
ticketed performance or event means a performance or event for which a ticket must be held for entry to the auditorium in which the performance or event is taking place.
8 Prohibited activities in auditoriums
8 Prohibited activities in auditoriums
8 Prohibited activities in auditoriums
(1) A person must not take food or drink into, or consume food or drink within, an auditorium.
Maximum penalty—10 penalty units.
(2) During a performance in an auditorium, a person must not do the following—
(a) take photographs or films in the auditorium,
(b) use a device to record sound or images in the auditorium or to transmit sound or images from the auditorium,
(c) cause inconvenience to another person in the auditorium.
Maximum penalty—10 penalty units.
9 Prohibited activities on Opera House premises
9 Prohibited activities on Opera House premises
9 Prohibited activities on Opera House premises
(1) A person must not do the following on the Opera House premises—
(a) sell, hire, display for sale or hire or solicit for sale or hire a service, article or thing,
(b) distribute an article or thing for commercial or promotional purposes,
(c) conduct, or cause or assist in the conduct of, an amusement, entertainment, instruction or performance,
(d) conduct, or cause or assist in the conduct of, a public demonstration,
(e) use an audio, loudspeaker or broadcasting equipment or camera, whether photographic, cinematic or video, for commercial purposes,
(f) use a device to record or transmit sound or images for commercial purposes,
(g) distribute or display, by oral, visual, written, electronic or other means, an advertisement, sign, bill, poster or other promotional material,
(h) undertake a charitable collection,
(i) operate a radio or other electronic device, or play a musical instrument, at a volume likely to cause inconvenience to another person,
(j) operate a public address system, loudspeaker or similar device,
(k) allow an animal that is under the person’s care or control onto the premises,
(l) deface, damage, obscure or interfere with a sign or notice displayed on the premises,
(m) launch or land an aircraft.
Maximum penalty—10 penalty units.
(2) Subclause (1)(k) does not prohibit a person who has a disability from bringing an assistance animal onto the Opera House premises.
(3) A person must not smoke in an area of the Opera House premises unless a sign designates the area as an area in which smoking is permitted.
Maximum penalty—5 penalty units.
(4) In this clause—
animal means a non-human mammal or a bird, fish, reptile, amphibian, crustacean, insect, arachnid, arthropod or mollusc.
smoke has the same meaning as in the Smoke-free Environment Act 2000.
10 Interference with equipment
10 Interference with equipment
10 Interference with equipment
A person must not, while on the Opera House premises, damage, tamper with, or otherwise interfere with the operation of—
(a) equipment, fixtures or fittings on the Opera House premises, or
(b) an electronic, technological or computer system or network operating on the Opera House premises.
Maximum penalty—50 penalty units.
11 Mooring, fishing and swimming
11 Mooring, fishing and swimming
11 Mooring, fishing and swimming
(1) A person must not do the following—
(a) launch or moor a vessel from or to the Opera House premises,
(b) fish from the Opera House premises,
(c) swim to and enter the Opera House premises or swim from the premises.
Maximum penalty—10 penalty units.
(2) It is not an offence if a person swims to or from the Opera House premises, or launches or moors a vessel from or to the premises, in an emergency.
Part 3 Powers of authorised officers—the Act, s 28
Part 3 Powers of authorised officers—the Act, s 28
Part 3 Powers of authorised officers—the Act, s 28
12 Directions to leave
12 Directions to leave
12 Directions to leave
(1) An authorised officer may require a person who is in an auditorium or restricted area, or who is seeking entry to an auditorium or restricted area, to produce a ticket or permit authorising the person to enter the auditorium or area.
(2) An authorised officer may direct a person to leave an auditorium or restricted area if the person is not authorised by a ticket or permit to be in the auditorium or area.
(3) An authorised officer may direct a person to leave the Opera House premises or a part of the premises if the authorised officer believes on reasonable grounds that—
(a) the person is about to contravene, is contravening or has contravened a provision of this By-law, or
(b) the person is about to commit, is committing or has committed another offence on the Opera House premises, or
(c) the person is failing or has failed to comply with a request made under clause 5 that is a condition of the person’s entry to the Opera House premises, or
(d) the person is causing inconvenience or behaving in an offensive manner or a manner likely to endanger the person or another person, or
(e) the direction is necessary to protect the person’s health or safety or the health or safety of another person.
(4) A person must not fail to comply with a direction under this clause.
Maximum penalty—50 penalty units.
(5) An authorised officer may remove from the Opera House premises a person who fails to comply with a direction under this clause.
(6) Reasonable force may be used to effect the person’s removal.
13 Requirement to state name and address
13 Requirement to state name and address
13 Requirement to state name and address
(1) An authorised officer may require a person to state the person’s full name and residential address if the authorised officer suspects on reasonable grounds that the person—
(a) is contravening or has contravened a provision of this By-law, or
(b) is committing or has committed another offence on the Opera House premises.
(2) A person must not—
(a) without reasonable excuse, fail to comply with a requirement under this clause, or
(b) in purported compliance with a requirement, provide information that the person knows to be false or misleading in a material particular.
Maximum penalty—50 penalty units.
(3) A person is not guilty of an offence against this clause unless it is established that the authorised officer warned the person that the failure to comply with the requirement is an offence.
14 Taking photographs
14 Taking photographs
14 Taking photographs
An authorised officer may take a photograph or make another form of image of a person if the authorised officer suspects on reasonable grounds that the person—
(a) is contravening or has contravened a provision of this By-law, or
(b) is committing or has committed another offence on the Opera House premises.
15 Powers in relation to aircraft, vehicles and vessels
15 Powers in relation to aircraft, vehicles and vessels
15 Powers in relation to aircraft, vehicles and vessels
(1) An authorised officer may direct a person to remove from the Opera House premises an unlawfully landed aircraft, unlawfully parked vehicle or unlawfully moored vessel that is under the person’s control.
(2) A person must not fail to comply with a direction under this clause.
Maximum penalty—10 penalty units.
(3) An authorised officer may cause an unlawfully landed aircraft, unlawfully parked vehicle or unlawfully moored vessel to be removed from the Opera House premises if—
(a) the person in control of the aircraft, vehicle or vessel has failed to comply with a direction to remove the aircraft, vehicle or vessel, or
(b) the aircraft, vehicle or vessel is unattended and the authorised officer, after making reasonable inquiries, has been unable to identify a person who is in control of the aircraft, vehicle or vessel.
(4) For the purpose of promoting safety and security on the Opera House premises, an authorised officer may cause an aircraft, vehicle or vessel to be removed from the premises at any time.
Part 4 Miscellane
This is an opening excerpt, not the complete document.