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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Music Festivals Amendment Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Music Festivals Act 2019 No 17 3
Schedule 2 Music Festivals Regulation 2024 13
Schedule 3 Amendment of Liquor Act 2007 No 90 15
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2024
New South Wales
Music Festivals Amendment Bill 2024
Act No , 2024
An Act to amend the Music Festivals Act 2019 to address findings from the Final Report-Review
of the Music Festivals Act 2019; to provide for the making of a principal regulation under the
Music Festivals Act 2019; and to make a related amendment to the Liquor Act 2007.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Music Festivals Amendment Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Music Festivals Amendment Act 2024.
2 Commencement
This Act commences as follows--
(a) for Schedule 1[36], to the extent it inserts sections 19C and 19D--on a day or
days to be appointed by proclamation,
(b) otherwise--on the date of assent to this Act.
Page 2
Music Festivals Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Music Festivals Act 2019 No 17
Schedule 1 Amendment of Music Festivals Act 2019 No 17
[1] Long title
Omit "organisers of subject festivals to comply with approved safety management plans".
Insert instead "music festival organisers to comply with agreed health and medical plans".
[2] Section 2A
Insert after section 2--
2A Objects of Act
(1) The objects of this Act are--
(a) to regulate and support planning for music festivals in a way that is
consistent with the expectations and needs of the community, and
(b) to support music festival organisers in ensuring adequate measures are
in place to deal with possible risks associated with music festivals,
including access to advice from clinical and public health and safety
experts, and
(c) to facilitate collaboration between government agencies and music
festival organisers to deliver safe music festivals.
(2) Each person who exercises functions under this Act, including music festival
organisers, must, in exercising the functions, have regard to--
(a) supporting the development of the music festivals sector, including the
development of the following in relation to music festivals--
(i) employment,
(ii) the live music industry,
(iii) the arts, community, cultural and tours sectors, and
(b) promoting harm minimisation measures relating to the consumption of
liquor and drugs at music festivals to ensure the safety of persons
attending the music festivals.
[3] Section 3 Definitions
Omit the definitions of approved safety management plan, concert, NSW Health music
festival guidelines and subject festival.
Insert in alphabetical order--
agreed health and medical plan, for a music festival, means a health and
medical plan agreed to under section 6 for the music festival.
concert means a music-focused event that includes all of the following--
(a) the event uses a single stage,
(b) the event is proposed to be held over a period of less than 5 hours,
(c) the event has not more than 2 headlining performers and not more than
4 performers in total, including supporting performers, with 1 group or
collective being considered to be a single performer.
Guidelines for Music Festival Event Organisers means the document titled
Guidelines for Music Festival Event Organisers: Music Festival Harm
Reduction produced by the Ministry of Health--
(a) as in force from time to time, and
(b) published on a NSW Government website.
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Music Festivals Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Music Festivals Act 2019 No 17
Secretary means the Secretary of the department in which this Act is
administered.
[4] Section 3, definition of "health officer", paragraph (d)
Omit "high-risk festival". Insert instead "music festival".
[5] Part 2, Division 1, heading
Omit "Safety management plans". Insert instead "Health and medical plans".
[6] Sections 5 and 5A
Omit section 5. Insert instead--
5 Requirement for health and medical plans
(1) The Secretary must determine which music festivals require an agreed health
and medical plan.
(2) Without limiting the matters to which the Secretary may have regard in
determining whether a music festival requires an agreed health and medical
plan, the Secretary must have regard to the following matters--
(a) advice from the Health Secretary that is consistent with information
about festival characteristics associated with drug-related health harms
set out in the Guidelines for Music Festival Event Organisers,
(b) advice from the Commissioner of Police,
(c) advice from the music festival organiser,
(d) whether a prescribed medical event occurred, whether in New South
Wales or another State or Territory--
(i) at a music festival, or an event related to a music festival, for
which the music festival organiser was the organiser in the 3
years immediately before the date on which the proposed music
festival will start, or
(ii) if any of the last 3 music festivals, or events related to music
festivals, for which the music festival organiser was the organiser
were held more than 3 years before the date on which the
proposed music festival will start--at any of the 3 music festivals
or events,
(e) advice from the music festival roundtable.
(3) If the Secretary determines a music festival requires an agreed health and
medical plan, the Secretary must direct the music festival organiser to--
(a) prepare a health and medical plan for the music festival, and
(b) provide--
(i) the health and medical plan to the Health Secretary for
agreement, and
(ii) a copy of the health and medical plan to the Commissioner of
Police.
(4) A direction under subsection (3) must be given--
(a) no later than the day specified in the regulations, and
(b) in the form and way approved by the Secretary.
(5) If the Secretary does not determine a music festival requires an agreed health
and medical plan, the music festival organiser must prepare a health and
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Music Festivals Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Music Festivals Act 2019 No 17
medical plan for the music festival but the plan does not require the Health
Secretary's agreement.
(6) In this section--
medical event means the following--
(a) the death of a person,
(b) the admission of a person to an intensive care unit of a hospital,
(c) endotracheal intubation of a person.
prescribed medical event means a medical event that is reasonably suspected
to be--
(a) because of alcohol or drug use, or
(b) caused by crowd behaviour or improper safety management.
5A Appeal against determination music festival requires agreed health and
medical plan
(1) If the Secretary determines that a music festival requires an agreed health and
medical plan, the music festival organiser may appeal against the
determination to ILGA.
(2) An appeal may be lodged only on the ground that the music festival does not
require an agreed health and medical plan because, in the music festival
organiser's view, sufficient controls have been put in place to mitigate and
manage health risks at the music festival.
(3) An appeal must be started by lodging a notice (an appeal notice) with ILGA
no later than the day specified in the regulations.
(4) The appeal notice must be lodged in the form and way approved by ILGA.
(5) In deciding an appeal, ILGA must, after having regard to the objects of this
Act, decide that the music festival--
(a) requires an agreed health and medical plan and that the music festival
organiser must provide a health and medical plan to the Health
Secretary for agreement, or
(b) does not require an agreed health and medical plan and that the music
festival organiser must prepare a health and medical plan for the music
festival but does not require the Health Secretary's agreement to the
plan.
[7] Section 6, heading
Omit "safety management plans". Insert instead "health and medical plans".
[8] Section 6(1) and (2)
Omit the subsections. Insert instead--
(1) The health and medical plan for a music festival the Secretary has determined
requires an agreed health and medical plan must be prepared in accordance
with the Guidelines for Music Festival Event Organisers.
(2) The music festival organiser must give the health and medical plan to the
Health Secretary for agreement no later than--
(a) the prescribed day, or
(b) a later day specified by the Health Secretary.
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Music Festivals Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Music Festivals Act 2019 No 17
[9] Sections 6(3) and 11(2)(g)
Omit "safety management plan" wherever occurring.
Insert instead "health and medical plan".
[10] Section 6(3)
Omit "ILGA". Insert instead "the Health Secretary".
[11] Section 6(4)-(6)
Omit section 6(4) and (5). Insert instead--
(4) The Health Secretary must decide to--
(a) agree to the health and medical plan, with or without changes, but only
if the Health Secretary is satisfied the risks associated with the music
festival and the premises are suitably addressed by the plan, or
(b) refuse to agree to the health and medical plan.
(5) The Health Secretary must make a decision under subsection (4) no later
than--
(a) the prescribed day, or
(b) the later day decided by the Health Secretary.
(6) The Health Secretary must give a copy of an agreed health and medical plan
to the Commissioner of Police.
[12] Section 6A
Insert after section 6--
6A Commissioner of Police may propose conditions to be applied to music
festivals for which agreed health and medical plan required
(1) This section applies in relation to a music festival the Secretary has determined
requires an agreed health and medical plan.
(2) The Commissioner of Police may, by written notice given to the Secretary no
later than the prescribed day, propose the music festival organiser submit to
the Secretary a schedule about matters relating to law enforcement and safety
for the music festival.
(3) After receiving a notice from the Commissioner of Police under subsection
(2), the Secretary--
(a) may require the music festival organiser to--
(i) prepare a schedule (a law enforcement and safety schedule)
about matters relating to law enforcement and safety for the
music festival, and
(ii) submit the law enforcement and safety schedule to the Secretary
no later than--
(A) the prescribed day, or
(B) a later day specified by the Secretary, and
(b) if the Secretary requires the music festival organiser to submit a law
enforcement and safety schedule--must give a copy of the schedule
submitted to the Secretary to the Commissioner of Police as soon as
practicable.
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Music Festivals Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Music Festivals Act 2019 No 17
(4) After considering the law enforcement and safety schedule, the Commissioner
of Police may, by written notice given to the Secretary as soon as practicable
after receiving the schedule, propose conditions about the holding of the music
festival to be included in the schedule.
(5) The Secretary must--
(a) give the music festival organiser an opportunity to comment on the
proposed conditions, and
(b) consider any comments made by the music festival organiser, and
(c) approve the law enforcement and safety schedule, including the
conditions proposed by the Commissioner of Police, with or without
changes, no later than--
(i) the prescribed day, or
(ii) the later day decided by the Secretary.
(6) An approved law enforcement and safety schedule for a music festival may be
included as a schedule to--
(a) the agreed health and medical plan and, if included, is taken to be part
of the agreed health and medical plan with which the music festival
organiser must comply, or
(b) if the music festival is to be held on premises to which a liquor licence
applies--the liquor licence and, if included, is taken to be part of the
licence with which the licensee must comply.
[13] Sections 7-9
Omit "approved safety management plan" wherever occurring.
Insert instead "agreed health and medical plan".
[14] Section 7
Omit "subject festival".
Insert instead "music festival the Secretary has determined requires an agreed health and
medical plan".
[15] Section 8
Omit "subject festival".
Insert instead "music festival the Secretary has determined requires an agreed health and
medical plan".
[16] Section 8(1)(a)
Omit "the subject festival". Insert instead "the music festival".
[17] Section 9
Omit "subject festival" from section 9(1).
Insert instead "music festival the Secretary has determined requires an agreed health and
medical plan".
[18] Section 9(1)
Omit "ILGA". Insert instead "the Health Secretary".
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Music Festivals Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Music Festivals Act 2019 No 17
[19] Section 9(2)
Omit "ILGA must". Insert instead "The Health Secretary must".
[20] Section 9(2)
Omit "ILGA approves". Insert instead "the Health Secretary agrees to".
[21] Section 9(3)
Omit "approved by ILGA". Insert instead "agreed to by the Health Secretary".
[22] Section 10AA
Insert before section 10--
10AA Requirement to notify Secretary about proposed music festivals
(1) A music festival organiser for a proposed music festival must give the
Secretary notice, in the form and way approved by the Secretary, about the
intention to hold the festival no later than the prescribed day.
(2) The Secretary must, as soon as practicable after receiving a notice under
subsection (1), give a copy of the notice to the following persons--
(a) the Health Secretary,
(b) the Commissioner of Police.
[23] Section 10 Requirement to hold briefings for health service providers
Omit "subject festival" from section 10(1).
Insert instead "music festival the Secretary has determined requires an agreed health and
medical plan".
[24] Section 10(2)(a) and (5), definition of "prescribed entity", paragraph (f)
Omit "subject festival". Insert instead "music festival".
[25] Section 10(5), definition of "prescribed entity", paragraph (a)
Omit the paragraph. Insert instead--
(a) the Secretary,
[26] Section 11 Incident register to be kept
Omit "subject festival" from section 11(1).
Insert instead "music festival the Secretary has determined requires an agreed health and
medical plan".
[27] Section 11(1)(a)
Omit "ILGA". Insert instead "the Secretary".
[28] Section 11(2)
Omit "subject festival". Insert instead "music festival".
[29] Section 12 Enforcement of Act--gaming and liquor inspectors
Insert after section 12(2)--
(3) A police officer has the function of enforcing the following under this Act--
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Music Festivals Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Music Festivals Act 2019 No 17
(a) any conditions proposed by the Commissioner of Police about matters
that relate to law enforcement and safety and adopted by the Secretary,
(b) compliance with section 11.
[30] Part 4, Division 1, heading
Omit the heading.
[31] Section 14 Functions of music festival roundtable
Insert after section 14(b)--
(b1) to provide advice to the Secretary about whether a proposed music
festival requires an agreed health and medical plan, and
[32] Section 15
Omit the section. Insert instead--
15 Co-chairs of music festival roundtable
The music festival roundtable is to be co-chaired by the following members of
the roundtable--
(a) a member chosen by the Minister to represent the Government,
(b) a member chosen by industry representatives who are members of the
roundtable.
[33] Part 4, Division 2 Operation of music festival roundtable
Omit the division.
[34] Section 19 Review of operation of Act
Omit the section.
[35] Section 19A Protection from personal liability
Omit "of the Department of Enterprise, Investment and Trade" from section 19A(3),
definition of protected person, paragraph (b).
[36] Sections 19B-19D
Insert after section 19A--
19B Minister may publish guidelines
(1) The Minister may publish guidelines on a NSW Government website about
best practice standards for music festivals.
(2) Without limiting subsection (1), the guidelines may provide for the
following--
(a) matters relating to giving notice about upcoming music festivals,
(b) matters relating to information sharing at music festivals,
(c) matters relating to briefings about music festivals.
19C Appeal against imposition of government charges in relation to music festivals
(1) This section applies if, under an Act, an amount is payable by a music festival
organiser to the State or a government sector agency in relation to the music
festival.
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Music Festivals Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Music Festivals Act 2019 No 17
(2) The music festival organiser may apply to the Secretary for the amount to be
waived or reduced in accordance with an order made by the Minister under
section 19D.
(3) An application may be made under subsection (2) only on the following
grounds--
(a) exceptional circumstances apply,
(b) payment of the amount would impact on the financial viability of the
music festival.
(4) The Secretary must refer an application received under subsection (2) to a
panel (the music festivals panel) consisting of the following members--
(a) a member representing the Premier's Department nominated by the
Secretary of the Premier's Department,
(b) a person representing Sound NSW nominated by the Head of Sound
NSW,
(c) a person representing Destination NSW nominated by the Chief
Executive Officer of Destination NSW.
(5) The music festivals panel must consider the application and--
(a) decide to waive or reduce the amount payable, or
(b) refuse to waive or reduce the amount payable.
(6) As soon as practicable after the music festivals panel makes a decision under
subsection (5), the Secretary must give the following persons written notice of
the decision--
(a) the music festival organiser,
(b) the head of the government sector agency to whom the fee is or would
have been payable.
(7) In this section--
government sector agency has the same meaning as in the Government Sector
Employment Act 2013.
head, of a government sector agency, has the same meaning as in the
Government Sector Employment Act 2013.
19D Minister may make order for purposes of section 19C
(1) The Minister may make an order establishing a process for the waiver and
reduction of amounts payable to the State or a government sector agency in
relation to a music festival for the purposes of section 19C.
(2) Without limiting subsection (1), an order may provide for the following--
(a) the process for making applications, including the timeframes for
making applications,
(b) the criteria to be used in assessing applications and deciding whether to
waive or reduce amounts payable.
[37] Section 20
Omit sections 20 and 20A. Insert instead--
20 Delegation
(1) An office holder may delegate the exercise of a function of the office holder
under this Act, other than this power of delegation, to--
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Music Festivals Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Music Festivals Act 2019 No 17
(a) a person employed in the department in which this Act is administered,
or
(b) a person, or a class of persons, authorised for the purposes of this section
by the regulations.
(2) In this section--
office holder means the following--
(a) the Minister,
(b) the Secretary,
(c) the Health Secretary.
[38] Section 21 Regulations
Insert at the end of the section--
(2) Without limiting subsection (1), the regulations may provide for--
(a) matters in relation to the music festival roundtable, including--
(i) the membership of the roundtable, and
(ii) the way in which the roundtable will operate, and
(b) timeframes for dealing with matters under this Act.
[39] Section 22 Transitional provision for certain music festival organiser
Transfer the section to Schedule 1, Part 1, as inserted by Schedule 1[41], and renumber as
section 1.
[40] Part 6 Transitional provision
Omit the part.
[41] Schedule 1
Insert at the end of the Act--
Schedule 1 Savings and transitional provisions
Part 1 Provision consequent on enactment of Act
Part 2 Provisions consequent on enactment of Music
Festivals Amendment Act 2024
2 Definition
In this part--
amendment Act means the Music Festivals Amendment Act 2024.
3 Requirement for safety management plan for certain music festivals
(1) This section applies in relation to a music festival for which a safety
management plan was required to be prepared before 1 October 2024.
(2) This Act continues to apply in relation to the requirement for a safety
management plan for the music festival as if the amendment Act had not been
enacted.
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Music Festivals Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Music Festivals Act 2019 No 17
4 Requirement for health and medical plan for certain music festivals
(1) This section applies in relation to a music festival for which a safety
management plan would have been required to be prepared on and from 1
October 2024 but for the enactment of the amendment Act.
(2) This Act, as amended by the amendment Act, applies in relation to the
requirement for a health and medical plan or agreed health and medical plan
for the music festival.
5 Requirement for health and medical plans
(1) This section applies if a music festival organiser is required to prepare a health
and medical plan under section 5(5) of this Act for a music festival.
(2) Despite section 5(5), if the music festival is held, or starts, on or before 28
February 2025, the music festival organiser is not required to prepare a health
and medical plan for the music festival.
6 Regulation and Subordinate Legislation Act 1989
(1) The amendment Act, Schedule 2 is taken to be and has effect as a regulation
made by the Governor under this Act.
(2) The Subordinate Legislation Act 1989, Part 2 does not apply to the regulation
but applies to an amendment or repeal of the regulation.
(3) For the Subordinate Legislation Act 1989, section 10, the regulation is taken
to have been published on the day on which the Music Festivals Amendment
Act 2024, Schedule 2 commenced.
(4) The Interpretation Act 1987, sections 39-41 do not apply to the regulation but
apply to an amendment or repeal of the regulation.
(5) The Music Festivals Amendment Act 2024, Schedule 2 is repealed on the day
after the schedule commences.
Note-- The continued effect of the regulation is unaffected by the repeal of the
schedule. See the Interpretation Act 1987, section 30.
Page 12
Music Festivals Amendment Bill 2024 [NSW]
Schedule 2 Music Festivals Regulation 2024
Schedule 2 Music Festivals Regulation 2024
Part 1 Preliminary
1 Name of regulation
This regulation is the Music Festivals Regulation 2024.
2 Commencement
This regulation commences on the day on which the Music Festivals Amendment Act
2024 commences.
Part 2 Music festival roundtable
3 Membership of music festival roundtable
The members of the music festival roundtable are--
(a) 13 members chosen by the Minister to represent the Government including,
for example, members chosen to represent the following--
(i) Ambulance Service of NSW,
(ii) Create NSW,
(iii) Destination NSW,
(iv) Fire and Rescue NSW,
(v) NSW State Emergency Service,
(vi) NSW Rural Fire Service,
(vii) Office of the 24-Hour Economy Commissioner,
(viii) the Secretary,
(ix) the Cabinet Office,
(x) the Department of Planning, Housing and Infrastructure,
(xi) the Ministry of Health,
(xii) the NSW Police Force,
(xiii) Transport for NSW, and
(b) 13 industry representatives, being--
(i) 4 members nominated by the Australian Festival Association, and
(ii) 2 members nominated by DanceWize NSW, and
(iii) 1 member nominated by the Australian Recording Industry Association
(ARIA), and
(iv) 1 member nominated by APRA AMCOS, and
(v) 1 member nominated by MusicNSW, and
(vi) 1 member nominated by Live Performance Australia, and
(vii) 1 member nominated by Local Government NSW, and
(viii) 1 member nominated by Unions NSW, and
(ix) 1 member of a private medical provider nominated by NSW Health, and
(x) 1 member who represents regional areas in NSW, nominated by one of
the following, as agreed by the co-chairs--
(A) a person or body that represents regional NSW,
(B) a person or body that represents the music festival industry.
Page 13
Music Festivals Amendment Bill 2024 [NSW]
Schedule 2 Music Festivals Regulation 2024
(c) up to 2 additional members nominated by a person or body that represents
peer-based harm reduction services if agreed by the co-chairs of the music
festival roundtable.
4 Meetings
(1) The music festival roundtable is to meet at least 4 times in each calendar year.
(2) At least 1 meeting of the music festival roundtable in a year is to be held at a music
festival site.
(3) A member of the music festival roundtable may delegate the member's attendance at
a meeting in accordance with a process agreed by the co-chairs of the music festival
roundtable.
5 Reporting
(1) The music festival roundtable must, within 4 months after 30 June in each year--
(a) prepare a report on the activities of the roundtable during the year that ended
on that 30 June, and
(b) give the report to the Minister.
(2) The Minister must ensure a copy of the report is--
(a) published on an appropriate government website, and
(b) tabled in each House of Parliament within 1 month after receiving the report.
Page 14
Music Festivals Amendment Bill 2024 [NSW]
Schedule 3 Amendment of Liquor Act 2007 No 90
Schedule 3 Amendment of Liquor Act 2007 No 90
Section 127A
Insert after section 127--
127A Minors at music festivals
(1) A condition that a minor who is 16 years of age or older must be accompanied
by a responsible adult must not be imposed by the Authority or the Secretary
on a licence in relation to a music festival being held on licensed premises
unless the Authority or the Secretary is satisfied the licensee has not put in
place sufficient measures to mitigate and manage the risk of minors obtaining
liquor on the licensed premises during the music festival.
(2) A person does not contravene this Act or a condition of a licence in relation to
a requirement that a minor who is 16 years of age or older must be
accompanied by a responsible adult on licensed premises during a music
festival if the minor is unaccompanied only for the purposes of attending
restroom facilities on the licensed premises.
(3) It is a defence to an offence of contravening a licence condition requiring
minors to be accompanied by a responsible adult on licensed premises during
a music festival if the licensee made reasonable efforts to ensure minors were
accompanied by responsible adults.
Example-- Despite the licensee's reasonable efforts, a minor is unintentionally
separated from the minor's responsible adult at a music festival because of a moving
crowd at the festival.
(4) In this section--
music festival has the same meaning as in the Music Festivals Act 2019.
Page 15
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