New South Wales Repealed Acts

This legislation has been repealed.

WORLD YOUTH DAY ACT 2006 - SECT 46

46 Control of sale and distribution of articles in certain public places

(1) For the purposes of this section, "an Authority controlled area" is any of the following areas:

(a) the area comprising, or comprising and adjacent to, a transport facility or interchange or a World Youth Day venue or facility, being an area that is specified or described in an order of the Minister published in the Gazette,

(b) a public place, or any part of a public place, that is within 500 metres of a transport facility or interchange or a World Youth Day venue or facility, being a public place, or part of a public place, that is shown on a map referred to in an order of the Minister published in the Gazette.

(2) The Minister is not to make an order under subsection (1) that applies to land within the City of Sydney unless the Minister has consulted the Council of the City of Sydney concerning the order.

(3) A person must not sell or distribute a prescribed article during the sales control period in an Authority controlled area without the approval of the Authority.

Maximum penalty: $5,000.

(4) An authorised officer may give a direction to a person who sells or distributes any prescribed article during the sales control period in an Authority controlled area without the approval of the Authority to remove the article, and any other prescribed articles within the person's possession or under the person's control, from the area immediately or by such other time as may be directed.

(5) A person must not fail or refuse to comply with a direction given to the person by an authorised officer under subsection (4).

Maximum penalty: $5,000.

(6) If a person fails or refuses to comply with a direction given under subsection (4) for the removal of a prescribed article, the article is forfeited to the Crown and may be seized by an authorised officer.

(7) A person whose article is forfeited to the Crown under this section may appeal against the forfeiture to a Local Court within 21 days after the forfeiture.

(8) A Local Court may determine the appeal by:

(a) upholding the forfeiture, or

(b) ordering the return of the article to the appellant, or

(c) making such other order as it thinks fit.

(9) The regulations may make provision for or with respect to:

(a) approvals under this section, including:

(i) applications for approval, and

(ii) application fees, and

(iii) determination of applications, and

(iv) appeals against determinations of applications, and

(b) the making and determination of appeals under subsection (8).

(10) In this section:
"authorised officer" means a person authorised in writing by the Authority for the purposes of this section.
"prescribed article" means an article of a class prescribed by the regulations as being a prescribed article for the purposes of this section.
"sales control period" means the period from 1 July 2008 to 31 July 2008, inclusive, or such other period as may be prescribed by the regulations for the purposes of this section (being a period that does not begin before 1 June 2008 or end after 31 December 2008).
"sell" includes any of the following:

(a) sell by wholesale, retail, auction or tender,

(b) hire,

(c) barter or exchange,

(d) supply for profit,

(e) offer for sale or hire, receive for sale or hire, have in possession for sale or hire or expose or exhibit for sale or hire,

(f) conduct negotiations for sale or hire,

(g) consign or deliver for sale or hire,

(h) solicit for sale or hire,

(i) cause or permit anything referred to above,

and includes to sell from a standing vehicle or any article.

(11) A regulation for the purposes of the definition of "sales control period" in subsection (10) that extends a sales control period may be made before or during that period.