Division 2 — Baseline safe management measures
Duties of occupier
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.
(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.
(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.
(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.
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.
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.
(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.
(3)  To avoid doubt, this regulation does not limit regulation 14.
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.