Event order under the Major Events (Aerial Advertising) Act 2009

Event order under the Major Events (Aerial Advertising) Act 2009

 

Major events

The following information is supplied for people/event organisers who want to apply for an Event Order under the Major Events (Aerial Advertising) Act 2009. Applications should be made to the Minister for Sport and Recreation through the Department for Sport and Recreation on the appropriate application form.

Disclaimer: This information has been prepared for information only and does not represent legal advice. Please consult the Major Events (Aerial Advertising) Act 2009 for full details.

What does the Major Events (Aerial Advertising) Act 2009 do?

The Act controls aerial advertising at major events or a series of events and provides the organiser and the event sponsors with the security that their rights and privileges will be protected. These measures have the added benefit that they will improve incentives to a sponsors and other commercial partners to continue to invest in major events in Western Australia.

The issue of an Event Order will protect the event organiser and their commercial partners from possible unauthorised aerial advertising.

Definitions that need to be understood:

Advertising means bringing to the attention of the public or a section of the public:

• the availability of goods or services; or
• the name of a brand of goods or services or a person who provides goods or services;

 

Aerial advertising includes:

• advertising by skywriting or sign writing by an aircraft; or
• advertising on a banner or other sign towed by or attached to an aircraft; or
• advertising on an aircraft, other than its normal markings or livery identifying the manufacturer of that aircraft; or
• advertising on
  (1) a hang glider, parachute, paraglider or similar device, other than its normal markings; or
  (2) a banner or sign attached to a hang glider, parachute, paraglider or similar device;
• advertising on a banner or sign attached to a person suspended from a hang glider, parachute, paraglider or similar device; or
• a laser or digital projection of an advertisement into the sky;

 

Aircraft includes an airship, a blimp, a hot air balloon, a helicopter or an ultra light aircraft;

 

Event order means an order made under section 8 of the Act and/or as amended by any variation order;

 

Event organiser in relation to an event specified in an event order, means the person or body specified in the order as the organiser of the event;

 

Officer in relation to a body corporate, has the meaning given to "officer" of a corporation in the Corporations Act 2001 (Commonwealth) section 9 but does not include an employee of the body corporate unless the employee

is concerned in the management of the body corporate;

 

Specified event means an event specified in an event order;

 

Specified time in relation to an event specified in an event order, means the starting time and the finishing time in respect of each day of the event;

 

Specified venue means the place specified in an event order at which an event is to be conducted;

 

Variation order means an order made under section 8 of the Act.

 

What events may be covered by an Event Order under the Act?

Events must be deemed to be "major" and of "significance".

Before making an order, the Minister must be satisfied that:

• the event is a major event at the international or national level;
• the event has commercial arrangements that are likely to be adversely affected by unauthorised aerial advertising;
• the operations of the event are likely to be adversely affected by aerial advertising that is not authorised by the event organiser;

and must have regard to:

• the number of people who might attend the event; and
• the likely media coverage of the event; and
• the projected economic benefit of the event to the State; and
• the contribution to the State's national and international profile
• as a host of major events.

Note that while the Act is written in the singular, it is interpreted to  include the plural when necessary. That is, the Act also provides for one Event Order to cover a series of events, such as a season of events or an event conducted at various venues.

Who may apply for the grant of an Event Order?

Any organisation or individual who is planning to conduct an event and seeks  to have the event protected against intrusion by unauthorised aerial  advertising may apply for an Event Order.

Application and application fee

Applications for an Event Order are to be made online.

An application fee of $500 will be invoiced on receipt of the application and must be paid within seven (7) days for the application to be processed.

Applications will normally be assessed within three (3) working days of receipt.

Applicants will be notified in writing of the outcome of their application within ten (10) working days of receipt.

What penalties can be implemented against a person or persons that breach this Act?

The Act provides for the following:

It is an offence to display unauthorised aerial advertising.

A person must not display aerial advertising, or cause aerial advertising to be displayed, within sight of a specified venue during the specified time in relation to a specified event being conducted at the venue unless the display is in accordance with:

• a written authorisation of the event organiser to display, or cause, aerial advertising to be displayed at the event; or
• a condition specified under the Event Order; or
• an event order for another specified event at another specified venue.

Penalty: a fine of $250 000.

An event organiser can also take civil remedies such as apply to the Supreme Court for an injunction restraining a person from engaging in activities that would contravene the Act and take out an action for damages in the Court to recover any damages that are attributed to a breach of the Act.

The Minister for Sport and Recreation may also seek an injunction to restrain a person from engaging in activities that would contravene the Act.

What exceptions are there for aircraft that fly into the event area during an event that is the subject of an Event Order?

An offence is not committed if a person who flies an aircraft within sight of a specified venue during the specified time in relation to a specified event being conducted at the venue:

• in an emergency; or
• if the aircraft is used for, or in, the provision of emergency services.

Once an Event Order is granted can it be changed?

Yes, if the details of an event change after the granting of an Event Order under the Act, the event organiser can apply to the Minister for a Variation Order under the Act.

Please contact the Department of Sport and Recreation immediately if a variation Order is required.

• Major Events (Aerial Advertising) Act 2009