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.
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.
(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.
(4)  To avoid doubt, there is no COVIDSAFE capacity requirement for any place not covered by the Second Schedule.
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.
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.
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.
(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.