Scrutiny of Acts and Regulations Committee

Review of Anzac Day Laws, Discussion Paper

Appendices

A:

Examples of Legislation relating to Anzac Day in the Commonwealth and in other Australian States and Territories

B:

List of Persons and Organisations Consulted to date in preparing the Discussion Paper

C:

List of Shops currently allowed to trade on Anzac Day (exempt under the Shop Trading Reform Act 1996)

D:

List of Factories Not Required to Close on Anzac Day (under the Labour and Industry Act 1958)

E:

Reading References

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Appendix A:
Examples of Legislation relating to Anzac Day in the Commonwealth and in other Australian States and Territories

  1. Commonwealth

Anzac Day Act 1995

  • Declares Anzac Day as a day of national commemoration.

  • That day is set at 25 April each year.

There are references to Anzac Day in the Australian War Memorial Regulations and the Airports (Control of On-Airport Activities) Regulations 1998.

  1. New South Wales

Anzac Memorial (Building) Act 1923

  • Similar to Victoria’s Shrine of Remembrance Act.

Gaming (Two-Up) Act 1998

  • Allows the game of two-up on Anzac Day.

  • Has to be at a licensed venue.

  • Any money taken on the day, from the game, has to be given to charity.

Liquor Act 1982

  • Does not include Anzac Day in its list of restricted trading days.

  1. Queensland

Anzac Day Act 1995

  • Establishes Anzac Day as a holiday throughout Queensland.

  • Re-establishes the Anzac Day Trust Fund.

  • Requires the State to pay an annual grant to the Anzac Day Trust Fund.

Trading (Allowable Hours) Act 1990

  • Requires closure of factories and most shops, prohibits the selling of real estate, and generally requires places of public amusement not to open before 1.30pm on Anzac Day.

Racing and Betting Act 1980

  • A race meeting is not permitted to start before midday on Anzac Day.

  • Does not require a contribution from racing to the Anzac Day Trust Fund.

Liquor Act 1992

  • All licensed premises cannot serve alcohol before 1.00pm Anzac Day, unless served with a meal.

  • Cabaret premises can remain open until 3.00am on Anzac Day, but cannot re-open until 1.00pm.

Keno Regulation 1997

  • Provides that Keno is not allowed to operate between 3.00am and 1.00pm on Anzac Day.

Casino Control Act 1982

  • A casino is not allowed to operate between 3.00am and 1.00pm on Anzac Day.

  1. Australian Capital Territory

Unlawful Games Act 1984

  • Two-up can be played on Anzac Day, with a requirement for any profits to be given to charity.

Holidays Act 1958

  • Declares Anzac Day to be a public holiday.

  • If it falls on a Sunday, then the following Monday is taken as a public holiday.

  1. Northern Territory

Traffic Ordinance Act 1981

  • Provides for offences that could be committed during an Anzac Day march or parade or service, and sets out penalties for disturbing such march, etc.

Gaming Control Act

  • Provides that two-up can only be played on April 25 if it is conducted by or on behalf of a RSL club and the profits (if any) are payable to that club.

  1. South Australia

Lottery and Gaming Act 1936

  • Two-up is allowed on Anzac Day in a RSL branch or premise, or on a Defence Force premise.

Holidays Act 1910

  • Declares Anzac Day to be on 25 April and a public holiday.

  • If it falls on a Sunday then the following Monday will be the public holiday.

  1. Western Australia

Anzac Day Act 1960

  • Establishes an Anzac Day Trust Fund.

  • No race meeting can commence before 1.00pm on Anzac Day.

  • If Anzac Day falls on a Sunday, no race meeting is allowed.

  • If a race meeting is held within the metropolitan area, all of the net profit is paid into the Trust, but if held outside of the metropolitan area, 60% of the net profit is paid into the Anzac Day Trust Fund.

  • No race, match, game, exercise, pastime, contest or other event of sport shall commence before 1.00pm on Anzac Day.

  • Each sporting event is required to pay 60% of their net profit made into the Anzac Day Trust Fund.

  • Monies paid for special licences to serve liquor on Anzac Day must also be paid into the Fund.

Liquor Licensing Act 1988

  • Provides various regulation of liquor trading hours on Anzac Day, but generally the major licences are allowed to serve alcohol between midday and midnight, but with variations if Anzac Day falls on a Sunday.

Betting Control Act 1954

  • Prohibits betting on races before 1.00pm on Anzac Day.

  1. Tasmania

Anzac Day Observance Act 1929

  • No race meetings, theatres or sports are allowed to commence before 12.15pm on Anzac Day.

  • An Anzac Trust Fund is established with monies collected on Anzac Day.


Appendix B:
List of Persons and Organisations Consulted to date in preparing the Discussion Paper

  • The Victorian Branch and the National President of the Returned and Services League (the "RSL")

  • The Australian War Memorial

  • The Chief of the Army

  • The Department of Defence

  • The Department of Veterans Affairs

  • The Turkish Ambassador

  • The New Zealand High Commissioner

  • Victorian State Government officials, including the Director of Liquor Licensing Victoria


Appendix C:
List of Shops currently allowed to trade on Anzac Day (exempt under the Shop Trading Reform Act 1996)

  • Booksellers' and newsagents' shops.

  • Bread shops.

  • Chemists' shops.

  • Confectionery and pastry shops.

  • Dressmakers' shops.

  • Dry cleaners' shops.

  • Eating-houses and restaurants.

  • Fish and oyster shops.

  • Flower shops and retail plant nurseries.

  • Fruit and vegetable shops.

  • Hairdressers' shops.

  • Hardware shops.

  • Paint shops.

  • Petrol shops.

  • Pet shops, including shops for the sale of aviary and cage birds or aquarium fish.

  • Photographers' shops.

  • Saddlery shops.

  • Shoe repairers' shops.

  • Shops for the sale of boats, caravans or other trailers or spare parts or accessories.

  • Shops for the sale of foodstuffs and groceries.

  • Shops for the sale of motor car spare parts or accessories.

  • Shops for the sale of old goods, being furniture, plate, china, statuettes and other curiosities and odds and ends of an artistic or antiquarian interest.

  • Shops for the sale of records, cassettes, tapes or video cassettes.

  • Shops for the sale of swimming pools, swimming pool equipment or supplies for swimming pools.

  • Shops for the sale of works of art or handicraft.

  • Souvenir shops.

  • Sporting goods shops located at sporting venues for the sale of goods appropriate for use at those venues. Stamp and coin shops.

  • Tailors' shops.

  • Undertakers' establishments.


Appendix D:
List of Factories Not Required to Close on Anzac Day (under the Labour and Industry Act 1958)

  1. Every factory or warehouse of any of the following classes or in which any of the following trades is usually carried on:

(a) Printing, publishing or distributing newspapers;

(b) The manufacture, distribution or supply of gas or electric light or power;

(c) Any necessarily continuous process of manufacture;

(d) Milk supply.

  1. Any factory in which the trade of a pastry cook is carried on.

  2. Every bread factory while dough only is being prepared in the factory.

  3. Every bread factory after 8 p.m. when Anzac Day falls on Friday.

  4. Every factory or warehouse of any class or kind added by proclamation of the Governor in Council to this Schedule.


Appendix E: Reading References

The following sources have been prepared by Dr. Peter Stanley, Principal Historian, Australian War Memorial. The Committee is grateful for the assistance provided by Dr. Stanley in compiling these references. They provide useful insights into how its meanings have been expressed in the 87 years since the evacuation of Gallipoli. Note that the Australian War Memorial does not necessarily endorse the views expressed in these sources. They reflect a range of opinions and views.

Readings

Entry ‘Anzac legend’ from Joan Beaumont, Australian Defence: Sources and Statistics, Melbourne, 2001

Entries on ‘Anzac’, ‘Anzac Day’ and ‘Anzac Legend’ from Graeme Davison and others, The Oxford Companion to Australian History, Melbourne, 1998

Entries on ‘Anzac Day’ and ‘Anzac legend’ from Peter Dennis and others, The Oxford Companion to Australian Military History, Melbourne, 1995

Peter Stanley, ‘Reflections on Bean's last paragraph’, Sabretache: Journal of the Military Historical Society of Australia, (Jul-Sep 1983), pp. 4-11

Bruce Topperwein, ‘The word "Anzac", Sabretache: Journal of the Military Historical Society of Australia, Jul-Sep 1997, pp. 33-36

Extract on Digger Dialects’ from Peter Stanley, A Guide to the Australian War Memorial, Sydney, 1986

Books

J.M. Arthur & W.H. Ramson (eds), W.H. Downing's Digger Dialects, Melbourne, 1990

C.E.W. Bean, The Anzac Book, London, 1916

Di Bourke (ed.), ANZAC Day: Traditions, Facts and Folklore, Brisbane, 2000

Georgina Fitzpatrick, Anzac Day: Past and Present, Canberra, 1992

Ken Inglis, Sacred Places: War Memorials in the Australian Landscape, Melbourne, 1998

John Lack (ed.), Anzac Remembered, Melbourne, 1998

Michael McKernan & Peter Stanley, Anzac Day: Seventy Years On, Sydney, 1986

John Robertson, Anzac and Empire, Melbourne, 1990

Jane Ross, The Myth of the Digger, Sydney, 1985

Seumas Spark, Anzac: A Modern Tradition?: Anzac Day in Melbourne 1946 and 2000, Melbourne, 2001

Articles

John Barrett, 'The study of Anzac', Journal of the Australian War Memorial, 16 (1990), p. 54***

Peter Burness, 'A is for Anzac', Journal of the Australian War Memorial, 16 (1990), p. 76

Peter Cochrane, 'Deliverance and renewal: the origins of the Simpson legend', Journal of the Australian War Memorial, 16 (1990), p. 18

Bill Gammage, 'Anzac's influence on Turkey and Australia', Journal of the Australian War Memorial, 18 (1991), p. 13

Ken Inglis, 'Anzac today', Journal of the Australian War Memorial, 16 (1990), p. 53.

Marilyn Lake, ‘The Power of Anzac’, in Michael McKernan & Margaret Browne (eds), Australia Two Centuries of War and Peace, Canberra, 1998

Geoff Page, 'Some problems with Anzac', Journal of the Australian War Memorial, 16 (1990), p. 56

Jane Ross, 'The myth of Anzac', Journal of the Australian War Memorial, 16 (1990) 55

Websites

www.awm.gov.au

www.anzacsite.gov.au

www.gallipoli.gov.au

www.aussieslang.com/features/anzac-day.asap

www.anzacday.org.au

www.enzed.com/hist

www.anaconline.com

Other References

www.anzac.org

www.dva.gov.au

www.rslvic.com.au\


Scrutiny of Acts and Regulations Committee
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