Scrutiny of Acts and Regulations Committee

Review of Anzac Day Laws, Discussion Paper

Foreword by the Co-Chairs

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The Victorian Parliament has initiated a review by the Scrutiny of Acts and Regulations Committee into the laws that protect Anzac Day, with the aim of further strengthening Anzac Day as a national day of commemoration.

A bi-partisan approach is being taken to this important review (with the review co-chaired by members of both the A.L.P. and the Liberal Party) and public input is very welcome. The Committee hopes its review can help make a significant contribution to a matter that is of considerable importance to our national identity.

Our starting point is to recognise Anzac Day as a solemn occasion of remembrance for the gallantry and sacrifices of Australians in wars.

Victoria's commitment to Anzac Day is underpinned by a legislative framework that has been developed in a piecemeal fashion over many decades. No fewer than 9 separate pieces of legislation, under the control of 8 Ministers, regulate activities on Anzac Day.

The existing laws provide for a public holiday, seek to regulate a range of activities on Anzac Day, such as retail trading hours, liquor controls, entertainment and sporting events, and govern the raising, collection and distribution of patriotic funds.

Some of the laws seem anomalous (eg. is a fine of just $500 an adequate penalty for commercial cinemas that illegally open on Anzac Day), while other areas of the law seem too narrow (eg. should the Anzac Day Act only refer to World War 1) or even silent (eg. should gaming venues be allowed to open on the morning of Anzac Day).

It is therefore timely to review Victoria's Anzac Day Act 1958 and the other related laws, to ensure that the great significance which the State aspires to accord Anzac Day is supported by the best set of laws.

Our Parliamentary Committee will pursue the development of proposals for protecting and, wherever possible, enhancing the significance of Anzac Day. We are working in close co-operation with the R.S.L, at both a State and National level, and other relevant bodies.

As well as considering the most suitable legislative framework, there will be an opportunity to consider administrative proposals, including education initiatives relating to the promotion of Anzac Day.

We are committed to undertake a comprehensive process of public consultation in respect of this review. We are pleased to present this Discussion Paper as an important component of the public consultation process.

The review committee invites responses to the Discussion Paper, particularly comments and views on how, over the coming decades, Parliament and governments can assist in the holding of this national day and the promotion of the Anzac spirit.

The Hon. Mark Birrell MLC
Co-Chair
ANZAC Day Subcommittee

Mrs Liz Beattie MLA
Co-Chair
ANZAC Day Subcommittee

Ms Mary Gillett MP
Chair
Scrutiny of Acts and Regulations Committee

June 2002


Terms of Reference

On 21 November 2001 the Hon. C.A. Furletti MLC moved a resolution in the Legislative Council in the following terms –

That pursuant to the Parliamentary Committees Act 1968, the undermentioned Committee be required to inquire into, consider and report by 31 October 2002 on the following –

Scrutiny of Acts and Regulations Committee

The Anzac Day Act 1958, and any other relevant laws, on ways to further enhance the significance of Anzac Day as a national day of commemoration.


Call for Submissions

The Scrutiny of Acts and Regulations Committee of the Victorian Parliament invites individuals and organisations to make a submission in response to the Discussion Paper.

Submissions are invited to be lodged with the Committee by Wednesday, 24 July 2002. Late submissions will be accepted in accordance with arrangements made with the Committee.

Content of Submissions

The Discussion Paper is intended only to bring the primary issues to the fore. In doing so, fourteen questions have been posed to assist the focus of the review. This should not be understood as excluding other questions about these primary issues or the identification of other issues of relevance.

Accordingly, submissions may directly respond to the questions posed and/ or may address issues considered of importance to the review. Where possible submissions should provide supporting evidence such as relevant data and documentation.

Confidentiality

Submissions will be treated as public documents and may be cited by the Committee in its report and publications. However, submissions that are clearly marked confidential and contain genuinely confidential material will be treated accordingly.

Further Information

Any queries about the review should be directed in the first instance to:

Mr. Simon Dinsbergs
Ph: (03) 9651 4008
Fax: (03) 9651 3674
Email: simon.dinsberg@parliament.vic.gov.au

Further details are also available on the SARC web-site at: www.parliament.vic.gov.au/sarc

Submissions to:

The Review of Anzac Day Laws
Scrutiny of Acts and Regulations Committee
Level 8, 35 Spring Street
MELBOURNE VIC 3000