COVID-19 Public Health Response (Protection Framework) Order 2021

46 Gathering of CVC compliant people permitted if indoor capacity limit not exceeded

(1)

A gathering that complies with the requirements in subclauses (2) to (6) is permitted.

(2)

A person must produce their CVC when requested by a person responsible for a gathering unless the person is—

(a)

under the age of 12 years and 3 months; or

(b)

a student participating in an extra-curricular or a curricular activity at the gathering.

(3)

A person responsible for the gathering must have systems and processes in place to ensure, so far as is reasonably practicable, that the only people (including workers) who attend the gathering are people who are CVC compliant.

(4)

The gathering must not exceed the number limit, which,—

(a)

in an indoor defined space (other than a private dwellinghouse), is the lesser of the following:

(i)

the fixed number of people (excluding workers):

(ii)

the maximum number of people who could occupy the space if each person were to comply with the specified physical distancing rule:

(b)

in a private dwellinghouse, is the fixed number of people (excluding workers) in the dwellinghouse at any one time.

(5)

A person responsible for the gathering must ensure that the number of people in an indoor defined space or a private dwellinghouse (as applicable) at any one time does not exceed the number limit.

(6)

A person responsible for the gathering—

(a)

must ensure that there are systems and processes in place to ensure that, so far as is reasonably practicable, each person aged 12 years or older who attends the gathering—

(i)

scans the QR code for the gathering or otherwise makes their own contact record; or

(ii)

provides a contact record that is kept by one of the people responsible for or attending the gathering; but

(b)

need not comply with paragraph (a) if every person aged 12 years or older at the gathering knows, and can identify for the purposes of contact tracing, every other person aged 12 years or older who is attending the gathering.

(7)

[Revoked]

(8)

A breach of subclause (2) is a low risk infringement offence, and a breach of subclause (5) is a medium risk infringement offence, for the purposes of section 26(3) of the Act.

(9)

In this clause,—

fixed number means the number specified in an active COVID-19 response schedule for the purposes of subclause (4)(a) or (b)

specified physical distancing rule means the physical distancing rule specified in an active COVID-19 response schedule for the purposes of subclause (4)(a).

Clause 46 heading: amended, at 11.59 pm on 25 March 2022, by clause 5(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 2022 (SL 2022/83).

Clause 46(1): amended, at 11.59 pm on 23 December 2021, by clause 14(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).

Clause 46(2): replaced, at 11.59 pm on 12 March 2022, by clause 18 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).

Clause 46(4): replaced, at 11.59 pm on 4 April 2022, by clause 9 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).

Clause 46(5): amended, at 11.59 pm on 25 March 2022, by clause 5(3) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 2022 (SL 2022/83).

Clause 46(7): revoked, at 11.59 pm on 23 December 2021, by clause 14(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).

Clause 46(8): replaced, on 4 December 2021, by clause 18 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).

Clause 46(8): amended, at 11.59 pm on 23 December 2021, by clause 14(3) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).