Part 1 Preliminary

Part 1 Preliminary

1 Name of by-law

1 Name of by-law

This by-law is the Sydney Opera House Trust By-law 2026.

2 Commencement

2 Commencement

This by-law commences on 1 September 2026.

Note—

This by-law replaces the Sydney Opera House Trust By-law 2021, which is repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions

3 Definitions

In this by-law—

aircraft includes the following—

(a) a drone or other unmanned aerial vehicle,

(b) a hang-glider,

(c) a hot air balloon,

(d) a parachute.

auditorium—

(a) means a chamber music hall, cinema, concert hall, drama theatre or opera theatre on the Opera House premises, and

(b) includes a 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 the following persons—

(a) a police officer,

(b) the Chief Executive Officer,

(c) a person appointed as an authorised officer under clause 13.

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 land comprising Lot 4, DP 787933 and Lot 5, DP 775888 and includes a building, work or fixture on the land.

public area means a part of the Opera House premises that—

(a) comprises open space, or

(b) is used as a foyer, walkway or other facility of a public nature.

restricted area—

(a) means a part of the Opera House premises other than—

(i) a public area, or

(ii) an auditorium, and

(b) includes an area from which the public is excluded under clause 7.

the Act means the Sydney Opera House Trust Act 1961.

vehicle—

(a) includes the following—

(i) a motor vehicle,

(ii) a bicycle, including an electric bicycle,

(iii) a wheeled recreational device within the meaning of the Road Rules 2014,

(iv) another apparatus propelled by human or mechanical power that is wholly or partly used for the conveyance of persons or things, but

(b) does not include—

(i) a pram or stroller, or

(ii) 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(1)(a)

Part 2 Regulation of vehicles and persons on Opera House premises—the Act, s 28(1)(a)

4 Exceptions to offences

4 Exceptions to 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 exercise of a function of the staff member’s employment, or

(c) under the direction or with the permission of the Trust.

(2) For subclause (1)(c), the permission of the Trust may be given generally or in a particular case.

5 Driving and parking vehicles

5 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 where vehicles may—

(i) enter onto the Opera House premises, or

(ii) be used on the Opera House premises, or

(iii) stand or park on the Opera House premises.

(3) A person must not contravene a direction given, sign displayed or barrier erected under this clause.

Maximum penalty—10 penalty units.

(4) The Trust may—

(a) from time to time, fix fees or 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) In this clause—

use, in relation to a vehicle, includes drive and ride.

6 Conditions of entry

6 Conditions of entry

(1) An authorised officer may request a person entering the Opera House premises do one or more of the following—

(a) undergo a search conducted by electronic means,

Example—

an electronic detection device passed over or close to the person or the person passing through an electronic 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 outerwear, headwear, gloves or shoes 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 member of staff of the Trust may also make a request under subclause (1)(f).

(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.

7 Restricted areas—exclusion of public from certain parts of Opera House premises

7 Restricted areas—exclusion of public from certain parts of Opera House premises

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.

8 Admission to auditoriums and restricted areas

8 Admission to auditoriums and restricted areas

(1) A person must not enter an auditorium that is open for a ticketed event unless the person has a ticket or 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 the permit relates,

(b) the period during which the permit is valid,

(c) the purposes for which the permit is granted.

(5) In this clause—

ticketed event means an event or performance for which a ticket must be held for entry to the auditorium in which the event or performance is taking place.

9 Prohibited activities in auditoriums

9 Prohibited activities in auditoriums

(1) A person must not take food or drink into, or consume food or drink in, an auditorium.

Maximum penalty—10 penalty units.

(2) During a performance in an auditorium, a person must not do any of the following—

(a) take a photograph, record a video or record sound in the auditorium,

(b) use a device to transmit a photograph, video or sound recording,

(c) unreasonably interfere with another person’s enjoyment of the performance,

(d) disrupt a performer, a crew member or a member of staff of the Trust.

Maximum penalty—10 penalty units.

10 Prohibited activities on Opera House premises

10 Prohibited activities on Opera House premises

(1) A person must not do any of the following on the Opera House premises—

(a) sell goods or services,

(b) distribute goods for commercial purposes,

(c) participate in a public demonstration,

(d) use any of the following for commercial purposes—

(i) audio equipment,

(ii) broadcasting equipment,

(iii) a camera,

(iv) a loudspeaker,

(v) another device for recording or transmitting sound or images,

(e) use a device referred to in paragraph (d) for another purpose, if the device is used in a way that unreasonably interferes with another person’s enjoyment of the premises,

(f) distribute promotional material,

(g) project promotional material or another image onto the premises,

(h) collect, or attempt to collect, money, including for a charitable collection,

(i) participate in a performance,

(j) operate a public address system,

(k) allow an animal that is under the person’s care or control onto the premises,

(l) interfere with a sign or notice displayed on the premises,

(m) launch or land an aircraft,

(n) smoke.

Maximum penalty—10 penalty units.

(2) Subclause (1)(g) applies whether or not the person projecting the material or image is on the Opera House premises.

(3) Subclause (1)(k) does not prohibit a person who has a disability from bringing an assistance animal onto the Opera House premises.

(4) A person must not organise—

(a) a performance on the Opera House premises, or

(b) a public demonstration on the Opera House premises.

Maximum penalty—10 penalty units.

(5) In this clause—

animal means a non-human animal.

assistance animal has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth.

disability has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth.

performance means a public display for entertainment or instruction.

public address system includes a loudspeaker and other similar devices.

sell, in relation to goods or services, includes the following—

(a) hire,

(b) display for sale or hire,

(c) solicit for sale or hire.

smoke has the same meaning as in the Smoke-free Environment Act 2000.

11 Interference with equipment

11 Interference with equipment

A person must not, while on the Opera House premises, 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.

12 Mooring, fishing and swimming

12 Mooring, fishing and swimming

(1) A person must not do any of the following—

(a) launch a vessel from the Opera House premises,

(b) moor a vessel to the Opera House premises,

(c) fish from the Opera House premises,

(d) swim to the Opera House premises and enter the premises from the water,

(e) enter the water from the Opera House premises.

Maximum penalty—10 penalty units.

(2) Subclause (1)(a), (b), (d) and (e) do not apply to conduct undertaken because of an emergency.

Part 3 Powers of authorised officers—the Act, s 28(1)(a)

Part 3 Powers of authorised officers—the Act, s 28(1)(a)

13 Appointment of authorised officers

13 Appointment of authorised officers

(1) The Chief Executive Officer or the Trust may appoint the following to be an authorised officer for this by-law—

(a) a person employed in the Public Service as an authorised officer,

(b) another person for a specified period, event or performance.

(2) An appointment under this clause must—

(a) be written, and

(b) specify—

(i) the powers the authorised officer may exercise, and

(ii) the period of the appointment, and

(iii) whether the appointment is general or for specific provisions of this by-law, and

(iv) if the appointment is for specific provisions of the by-law—the specific provisions.

14 Directions to leave

14 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 6 that is a condition of the person’s entry to the Opera House premises, or

(d) the person is behaving in a way 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) The person who is given the direction must not contravene the direction.

Maximum penalty—50 penalty units.

(5) An authorised officer may remove a person who contravenes a direction under this clause from the Opera House premises.

(6) An authorised officer may use reasonable force to remove the person.

15 Requirements to state name and address

15 Requirements 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, give information 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—

(a) identified themselves as an authorised officer, and

(b) warned the person that failure to comply with the requirement is an offence.

16 Taking photographs

16 Taking photographs

An authorised officer may take a photograph 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.

17 Powers in relation to aircraft, vehicles and vessels

17 Powers in relation to aircraft, vehicles and vessels

(1) An authorised officer may direct a person to remove from the Opera House premises one or more of the following that is under the person’s control—

(a) a vehicle that is driven, parked or standing in contravention of clause 5,

(b) an aircraft landed in contravention of clause 10(1)(m),

(c) a vessel moored in contravention of clause 12(1)(b).

(2) The person who is given the direction must not contravene the direction.

Maximum penalty—10 penalty units.

(3) An authorised officer may arrange for a vehicle, vessel or aircraft referred to in subclause (1) to be removed from the Opera House premises if—

(a) the person in control of the vehicle, aircraft or vessel has contravened a direction given to the person under subclause (1), or

(b) the vehicle, aircraft or vessel is unattended and the authorised officer, after making reasonable inquiries, has been unable to identify the person who is in control of the vehicle, aircraft or vessel, or

(c) the authorised officer is satisfied it is necessary to promote safety or security on the Opera House premises.

Part 4 Miscellaneous—the Act, s 28

Part 4 Miscellaneous—the Act, s 28

18 Banning from Opera House premises

18 Banning from Opera House premises

(1) The Trust may ban a person from the Opera House premises if the Trust believes on reasonable grounds that—

(a) the person has contravened 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 6 that is a condition of the person’s entry to the Opera House premises, or

(c) the person has behaved in way that is likely to endanger the person or another person.

(2) A ban under this clause takes effect when written notice of the ban (a ban notice) is given to the person to whom the notice relates.

(3) A ban notice remains in force for—

(a) 3 months, or

(b) if the notice specifies a shorter period—the shorter period.

(4) Despite subclause (3), if a person is given a second or subsequent ban notice, the notice may specify that the ban remains in force for a period of up to 12 months.

(5) The Trust may revoke a ban notice at any time by further written notice given to the banned person.

(6) A person must not enter, or remain on, the Opera House premises while a ban notice in relation to the person is in force.

Maximum penalty—50 penalty units.

(7) The Trust may delegate the exercise of the Trust’s functions under this clause, other than this power of delegation, to the following persons—

(a) the Chief Executive Officer,

(b) another member of staff of the Trust,

(c) a police officer.

19 Exercise of Trust’s functions

19 Exercise of Trust’s functions

A function conferred on the Trust by this by-law, other than the Trust’s functions under clauses 13 and 18, may be exercised by an authorised officer.

20 Offence to obstruct

20 Offence to obstruct

A person must not obstruct another person in the exercise of the other person’s functions under the Act or this by-law.

Maximum penalty—10 penalty units.

21 Allowances—the Act, s 13

21 Allowances—the Act, s 13

A trustee is entitled to be paid allowances as the Governor decides from time to time in relation to the trustee.

22 Savings

22 Savings

An act, matter or thing that, immediately before the repeal of the Sydney Opera House Trust By-law 2021, had effect under that by-law continues to have effect under this by-law.