PART 3 | What measures apply to: authorised services and events |
11. This Part applies to and in relation to the following:| (a) | every authorised service that is provided or is to be provided by a permitted enterprise in or using any place; | | (b) | every Part 3 private social event that —| (i) | is conducted in or using any place; and | | (ii) | is not conducted in the course of a special authorised service provided or to be provided by a permitted enterprise; |
| | (c) | every media conference that is not conducted in the course of an authorised service provided or to be provided by a permitted enterprise. |
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| When measures apply: crowd management period |
12.—(1) The duties prescribed in this Part and the First Schedule apply only during the crowd management period for the provision of an authorised service, or a Part 3 private social event or defined event, unless expressly otherwise provided.(2) The crowd management period for the provision of an authorised service, a Part 3 private social event or a defined event, conducted in or using any place is —| (a) | where the place is a restricted place, the restricted period specified in Part 1 of the Second Schedule to the ARC Regulations opposite the restricted place; or | | (b) | where the place is not a restricted place, the period that the place is open to the general public in connection with the provision of the authorised service. |
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| Who must apply measures: meanings of “occupier” and “organiser” |
13.—(1) Subject to paragraph (2), a person is, for the purposes of these Regulations, an occupier of any place during any material period if the person has —| (a) | the charge, management or control of the place, either on the person’s own account or as agent of another person, during that period; or | | (b) | the use temporarily or otherwise of the place during that period, |
| but nothing in this paragraph deems an individual an occupier of any place by reason only of being a lodger of the place or part thereof. |
| A hirer of a function room in a hotel which is the subject of a hiring arrangement with the hotel proprietor is an occupier of the function room. |
| A lessee of a rented office is an occupier of the office. |
| A charterer of a pleasure craft is the occupier of the pleasure craft. |
| The owner of an owner‑occupied apartment is an occupier of that apartment. |
| The management corporation is the occupier of the common property in a strata development for which the management corporation is constituted. |
| A driver of a lorry is an occupier of the lorry when he or she is driving the lorry or is in charge of it when parked. |
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(2) If different parts of a place are occupied by different persons, then for the purposes of any provision of these Regulations, a person is an occupier of a part of the place during a material period if the person has —| (a) | the charge, management or control of that part of the place, either on the person’s own account or as agent of another person, during that period; or | | (b) | the use temporarily or otherwise of that part of the place, during that period. |
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| (3) An organiser of an event that is the subject of a special authorised service means the permitted enterprise providing that special authorised service. |
(4) Without limiting paragraph (3), “organiser” includes —| (a) | for a nuptial event — any person (whether or not for reward and whether jointly or otherwise) who procures for, or supplies to, any party to the marriage, the place and any goods and services for the arrangements in connection with the holding of the nuptial event; | | (b) | for a funeral event or funerary memorial event — any individual who has charge over the conduct of any ritual, observance, rite, worship or ceremony at the event, and any person (whether or not for reward and whether jointly or otherwise) who procures or supplies —| (i) | the place where the funeral event or funerary memorial event (as the case may be) is held; and | | (ii) | any religious furnishings, religious items or goods, and other services or arrangements (whether or not religious in character), required for the conduct of any ritual, observance, rite, worship or ceremony in connection with the holding of the funeral event or funerary memorial event; | | (a) A function room in a condominium is hired by the groom for the purpose of a wedding reception. He engages a wedding planner to organise the wedding reception and plan the reception programme. With the authorisation of the groom, the wedding planner collects the keys to the function room and liaises with the managing agent of the condominium to ensure the function room is cleaned and provisioned with the necessary utilities and furniture to hold the reception, and coordinates with the caterer, florists and photographers to secure their entry into the condominium and the timely set up and arrival of the food, furniture and decorations for the reception. The wedding planner is an organiser of the wedding for the purposes of this definition. |
| | (b) A hotel proprietor provides the ballroom, food and decorations for the solemnisation of a marriage followed immediately by a wedding reception to be held on the hotel grounds. The hotel proprietor, and the bride and groom who contracted with the hotel for their solemnisation and reception, are each an organiser of the wedding for the purposes of this definition. |
| | (c) A merchant association makes arrangements for priests to perform prayer services to commemorate deceased persons in a void deck. The association books the void deck and engages the services of 2 priests to conduct the rites, and a supplier of the religious furniture and items for the ceremony. The merchant association and the priests are each an organiser of the funerary memorial event for the purposes of this definition. |
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| | (c) | for a media conference — a promoter of the media conference; | | (d) | for a live performance — a person who makes the arrangements necessary for the performance (including elements of the performance not consisting of sounds) to take place or otherwise stages the live performance; | | (e) | for a business event — a person who is responsible (whether fully or substantially) for —| (i) | the organisation and holding of the business event; and | | (ii) | the receipt of revenue from the business event, if any, |
| but does not include a person by reason only of being a party to a sponsorship‑like arrangement connected with the business event; or |
| | (f) | for a sporting event — a person who is a sporting event organiser of the sporting event. |
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| Division 2 — Baseline safe management measures |
14.—(1) This regulation applies to the following:| (a) | any occupier of any place where the provision of an authorised service mentioned in regulation 11(a), or a Part 3 private social event or a defined event, is conducted; | | (b) | any relevant occupier of a relevant retail mall. |
(2) Such an occupier of a place must take all reasonably practicable measures to perform, with respect to the place and during the crowd management period for the authorised service, Part 3 private social event or defined event —| (a) | the general duties in paragraph (3); and | | (b) | the extra duties in —| (i) | paragraph (4) where a special authorised service is provided, or a Part 3 private social event or a defined event is conducted; or | | (ii) | paragraph (5) where an authorised service other than a special authorised service is provided. |
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(3) The general duties of an occupier of any place where the provision of an authorised service, or a Part 3 private social event or a defined event is conducted are as follows:| (a) | to ensure, as far as is reasonably practicable, that every individual who enters or enters and remains in the place is wearing a mask unless the individual is otherwise required or authorised by regulation 4 or an Act to not wear a mask; | | (b) | to comply with the following:| (i) | the entry control requirement; | | (ii) | the COVIDSAFE capacity requirement, if any; |
| | (c) | to comply with the Level 1 crowd management requirement if any of the following engage in any unmasked activity when present in that place:| (i) | any customer of the authorised service; | | (ii) | any participant of the Part 3 private social event or defined event; |
| | (d) | to minimise any physical interaction during the crowd management period for the authorised service, or the Part 3 private social event or defined event —| (i) | between any customer of the authorised service and any non‑customer within that same place; or | | (ii) | between any participant of the Part 3 private social event or defined event concerned and any non‑participant of the Part 3 private social event or defined event (as the case may be) within that same place. |
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(4) The extra duties of an occupier of any place where the provision of a special authorised service, or a Part 3 private social event or a defined event, is conducted are as follows:| (a) | to comply with the Level 2 crowd management requirement in relation to any of the following who do not engage in any unmasked activity when present in that place:| (i) | any customer of the special authorised service; | | (ii) | any participant of the Part 3 private social event or defined event; |
| | (b) | to comply with the dining-in activity requirement if any of the following is or will be consuming any food or drink when present in that place where such consumption is not disallowed by these Regulations:| (i) | any customer of the special authorised service; | | (ii) | any participant of the Part 3 private social event or defined event. |
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(5) The extra duties of an occupier who is providing an authorised service (other than a special authorised service) in or using any place are —| (a) | to regularly assess and identify the risks of transmission of COVID‑19 that may arise in relation to all activities engaged in by every customer of the authorised service present in the place and its permitted enterprise workers in the course of providing the authorised service at the place; and | | (b) | to establish and apply appropriate internal policies, procedures and controls to mitigate that risk from the activities identified as presenting a higher risk of the transmission of COVID‑19, which may include more stringent requirements than in these Regulations. |
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| Duties of organiser of events |
15.—(1) The duties of an organiser of a Part 3 private social event or a defined event conducted at any place must take all reasonably practicable measures to ensure —| (a) | that any performing activity prohibited by these Regulations at the Part 3 private social event or defined event is not undertaken by anyone present in the place; and | | (b) | that any audience participation undertaken by any participant of the Part 3 private social event or defined event who is present in the place is limited to that which is permissible under paragraph (2), and paragraph (3) where applicable. |
| (2) In paragraph (1), “audience participation” is permissible for any Part 3 private social event or defined event if it consists of only applause or approval expressed by handclapping, while seated and without any accompanying verbal exhortations, singing or whistling. |
(3) In addition, “audience participation” is also permissible if —| (a) | for a religious gathering — it consists of an oral response by a worshipper —| (i) | when seated or standing in the worshippers’ area of the place where the religious gathering is conducted; and | | (ii) | given directly to a call to worship (in any form) given by a religious worker during any ceremony or rite, an observance or a worship, sermon or service conducted at the religious gathering, without any accompanying verbal exhortation, singing or whistling; |
| | (b) | for a business event that is not a trade show — it consists of any of the following:| (i) | seeking information during a formal part of the event dedicated to taking questions from participants in general; | | (ii) | discussions solely among participants themselves during a formal part of the event dedicated to group discussions; | | (iii) | a participant taking part at the business event by presiding at, speaking or otherwise taking charge of proceedings in, or regulating the number and length of, meetings, staged or conducted, or to be staged or conducted, at the business event and by being a participant otherwise; or |
| | (c) | for a media conference — it consists of seeking information during the part of the media conference dedicated to taking questions from participants in general. |
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| Physical distancing for seats and queues |
16.—(1) An occupier of any place where the provision of an authorised service mentioned in regulation 11(a), or a Part 3 private social event or a defined event, is conducted must take (or cause to be taken) all the following measures in relation to any tables and seats at a table which are provided in that place for customers of the authorised service or participants of the event:| (a) | the back of every seat, or the legs of the seat if there is no such back, must be at all times at least one metre away from any other seat for another table; | | (b) | the seats must be arranged such that any authorised cohort of 5 or fewer individuals any of whom is not wearing a mask, are separated by a space of at least one metre, from a different authorised cohort of 5 or fewer individuals seated as follows:| (i) | at the same table; | | (ii) | at another table; | | (iii) | elsewhere in the same place where there is no table. |
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(2) Where individuals may form a queue or wait in an area in the place where the provision of an authorised service mentioned in regulation 11(a), or a Part 3 private social event or a defined event, is conducted, and any of the individuals is not wearing a mask, the occupier of the place must take all reasonably practicable measures to ensure —| (a) | if the unmasked individual is in an authorised cohort, that he or she keeps at least one metre from any other individual present at that same area who is not from the same authorised cohort; or | | (b) | if the unmasked individual is not in an authorised cohort, that he or she keeps at least one metre from any other individual present at that same area. |
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| (3) To avoid doubt, this regulation does not limit regulation 14. |
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| Cooperating with occupier and organiser |
17.—(1) Every participant of a Part 3 private social event or a defined event which is conducted in any place must, during the crowd management period of the Part 3 private social event or defined event cooperate with —| (a) | the occupier of that place; and | | (b) | the organiser of the event, |
| so as to enable the occupier and organiser to perform the respective duties of the occupier and organiser under these Regulations in relation to the Part 3 private social event or defined event. |
| (2) Every customer of an authorised service who is present in a place where the authorised service is provided must, during the crowd management period for the authorised service, cooperate with the occupier of that place so as to enable the occupier to perform the duties of the occupier under these Regulations in relation to the authorised service. |
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| Division 3 — Authorised service special measures |
| Special safe management measures for certain authorised services |
| 18. In addition to the requirements in Division 2, every permitted enterprise providing any authorised service that is mentioned in the First Schedule must take, so far as is reasonably practicable, steps to ensure that the measures specified in the First Schedule are complied with, in relation to its provision of the authorised services in or using any place. |
Division 4 — Private social events and defined events special measures |
| Special safe management measures for Part 3 private social events, etc. |
19. In addition to the requirements in Division 2 —| (a) | every permitted enterprise providing a special authorised service that consists of conducting or providing a place for the conduct of a Part 3 private social event or defined event; and | | (b) | every organiser of a Part 3 private social event or defined event, |
| must take, so far as is reasonably practicable, steps to ensure that — |
| (c) | the measures specified in this Division and the First Schedule for the type of Part 3 private social event or defined event; and | | (d) | any directions given by an approving authority under the First Schedule in place of any measure mentioned in paragraph (c) with respect to the particular defined event, |
| are each complied with, in relation to the conduct of that event in or using any place. |
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| Part 3 private social events — banned places |
20.—(1) A person must not knowingly cause or allow a solemnisation of a marriage to take place in any of the following places:| (a) | a place at which a retail liquor business is for the time being carried on; | | (b) | on board a vessel that is not a harbour craft or pleasure craft. |
(2) A person must not knowingly cause or allow a wedding to take place in any of the following places:| (a) | a place at which a retail liquor business is for the time being carried on; | | (b) | on board a vessel that is not a pleasure craft; | | (c) | a place of residence. |
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| (3) A person must not knowingly cause or allow a funerary memorial event to take place in any place of residence. |
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| Division 5 — Interpretive provisions |
| Meaning of “entry control requirement” |
21. For the purposes of this Part, the entry control requirement for any place where the provision of an authorised service mentioned in regulation 11(a), a Part 3 private social event or a defined event, is conducted means the requirement —| (a) | to establish and apply appropriate procedures and protocols (solely or in collaboration with another) to ensure, as far as is reasonably practicable, that —| (i) | there is contact tracing of every customer of the authorised service customer or every participant of the Part 3 private social event or defined event, and any other individual, entering the place; and | | (ii) | where the place is at any time a restricted place within the meaning of the ARC Regulations, there are enhanced entry controls for every customer of the authorised service customer and every participant of the Part 3 private social event or defined event, entering the place during the restricted period applicable to that place; and |
| | (b) | to refuse entry to the place to any customer of the authorised service or any participant of the Part 3 private social event or defined event —| (i) | who refuses to comply with any procedure and protocol mentioned in paragraph (a); or | | (ii) | whom the occupier of the place knows or has reason to believe is subject to a movement control measure, except where the individual —| (A) | is seeking medical treatment on that place or those premises; or | | (B) | is complying with an order of a court or a direction given by or on behalf of a public officer or a public body in exercise of a power under any written law. |
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| Meaning of “COVIDSAFE capacity requirement” |
22.—(1) The COVIDSAFE capacity requirement for any place where the provision of an authorised service specified in Part 1 of the Second Schedule is conducted means the requirement to ensure that the total number of customers of the authorised service (but not a special authorised service) who are or may be allowed to be present in the place during the crowd management period for the authorised service does not exceed the number worked out in accordance with Part 1 of the Second Schedule for that place.(2) The COVIDSAFE capacity requirement for any place where a Part 3 private social event or a defined event is conducted means the requirement to ensure that the total number of participants of the Part 3 private social event or a defined event (as the case may be) who are or may be allowed to be present in the place during the crowd management period for the event, does not exceed —| (a) | the number worked out in accordance with Part 2 of the Second Schedule for that place; or | | (b) | the higher number specified by any directions given by an approving authority under the First Schedule in substitution of any number worked out according to the Second Schedule with respect to a particular defined event. |
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(3) For the purpose of paragraph (2), the place where a defined event is conducted is as follows:| (a) | for a live performance — the audience area of the live performance venue; | | (b) | for a religious gathering — the worshippers’ area of the venue where the religious gathering takes place or is to take place; | | (c) | for a business event — the participants’ area of the venue of the business event; | | (d) | for a spectator sporting event — the spectators’ area of the sports venue where the spectator sporting event takes place or is to take place; | | (e) | for a participation sporting event — the sports venue where the participation sporting event takes place or is to take place; | | (f) | for a media conference — the indoor seated area where the media conference takes place or is to take place. |
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| (4) To avoid doubt, there is no COVIDSAFE capacity requirement for any place not covered by the Second Schedule. |
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| Meaning of “crowd management requirement” |
23.—(1) The Level 1 crowd management requirement for any place where the provision of an authorised service, or a Part 3 private social event or defined event, is conducted means the requirement —| (a) | to ensure that —| (i) | any customer of the authorised service in the place; or | | (ii) | any participant of the Part 3 private social event or defined event in the place, |
| who is unmasked (E) is allocated to or belongs to an authorised cohort or is alone; |
| | (b) | to ensure that E keeps a distance of at least one metre from —| (i) | any other individual present in that place unless sub‑paragraph (ii) applies; or | | (ii) | if E belongs to an authorised cohort, any other individual who is present in the same place but outside of E’s authorised cohort; and |
| | (c) | to minimise physical interaction during the crowd management period between individuals present in the place unless they are all from the same authorised cohort. |
(2) The Level 2 crowd management requirement for any place where the provision of a special authorised service, or a Part 3 private social event or a defined event, is conducted, and the place has a COVIDSAFE capacity of more than 1,000, means the requirement to ensure, as far as is reasonably practicable, that —| (a) | every customer of the special authorised service; and | | (b) | every participant of the Part 3 private social event or defined event, |
| not engaged in an unmasked activity are evenly spread out when present in that place. |
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| Meaning of “dining-in activity requirement” |
24.—(1) For the purposes of this Part, the dining‑in activity requirement where the provision of a special authorised service, or a Part 3 private social event or defined event, is conducted means the requirement to ensure —| (a) | that consumption of food or drink by customers of the special authorised service or participants of the Part 3 private social event or defined event (as the case may be) is permitted only in an area in the place specially designated for that activity; | | (b) | that every customer of the special authorised service, or every participant of the Part 3 private social event or defined event (as the case may be) who is consuming or about to consume food or drink is seated in the area mentioned in sub‑paragraph (a) except —| (i) | while entering the area and while moving to his or her seat; | | (ii) | while placing or picking up, or paying for, an order of food or drink; | | (iii) | while leaving the area; | | (iv) | while going to or returning from a washroom; or | | (v) | while lining up to do anything described in sub‑paragraph (i), (ii), (iii) or (iv); |
| | (c) | that the food or drink is served without using a self‑service buffet and only in individual servings; | | (d) | that no food and no drinks are served or consumed in the area mentioned in sub‑paragraph (a) when any of the following is happening:| (i) | a live performance; | | (ii) | a lecture, a talk or an address or other sound which is not pre‑recorded; and |
| | (e) | that the serving of liquor for consumption, and the consumption of liquor, by any individual in the place stop after 10.30 p.m. |
| (2) To avoid doubt, this regulation does not affect regulation 23. |
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| Definitions for this Part and First and Second Schedules |
25.—(1) The definitions in the Third Schedule have effect for the purposes of this Part and the First and Second Schedules.(2) In this Part, an individual does not attend a Part 3 private social event by reason only of being —| (a) | engaged to organise the Part 3 private social event, or to provide authorised services for the conduct of the Part 3 private social event; or | | (b) | employed or engaged by a person in sub‑paragraph (a) and at work in relation to the Part 3 private social event. |
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(3) For the purposes of regulation 14(3)(c) and (4)(a) and working out the COVIDSAFE capacity in the Second Schedule, the following must be regarded as not engaging in an unmasked activity:| (a) | a participant who is engaged in public speaking pursuant to an unmasking concession for public speaking; | | (b) | a participant who is engaged in singing unmasked pursuant to Part 6 or 7 of the First Schedule. |
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