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ANZAC Day Commemoration Act

Scheme of the proposed Legislation

Part 1: Preliminary

Purpose

The purpose of the Act is to provide for the commemoration of ANZAC Day as a day of national significance.

Commencement

The Act will commence on the date of Royal Assent.

Definitions

Definitions may be required for the following—

• "ANZAC Day Education and Commemoration Committee"

• "ANZAC Day Proceeds Fund"

• "Business activity"

• "Conflicts"

• "Gaming activity"

• "Entertainment"

• "Liquor licence"

• "Patriotic Funds"

• "Sporting event"

• "Trading hours"

It is intended that the Act refer to commemoration participation in the Great War and to participation in subsequent conflicts, including peace keeping activities. By way of example the RSL (Victorian Branch) proposed a provision along the lines of:

"In commemoration of the part taken by Australian Defence Force personnel in the Great War and subsequent conflicts and in memory of those who gave their lives for Australia, that the twenty-fifth day of April in each year (being the anniversary of the first landing on Gallipoli of troops from the United Kingdom, Australia and New Zealand) shall be known as ANZAC Day".

Such a provision might be complemented by a definition of "conflicts," adopting an approach similar to that in the Patriotic Funds Act 1958 where "service or duty" is defined to include peace keeping activities.

The scheme of the legislation contemplates new functions for the Patriotic Funds Council and the establishment of the ANZAC Day Education and Commemoration Committee so that there are provisions which:

• expand the functions of the Patriotic Funds Council to assist, facilitate and promote commemoration and education activities;

• provide for the establishment of a committee, the ANZAC Day Education and Commemoration Committee, within the Patriotic Funds Council to perform the Council’s functions with respect to commemoration and education activities; and

• enable the distribution of funds from the ANZAC Day Proceeds Fund, as recommended by the ANZAC Day Education and Commemoration Committee, for the purposes of commemoration and education initiatives and welfare purposes.

Accordingly, there will be complementary provisions relating to:

• The establishment of the Committee, which may include representatives from ex-service organisations, the Patriotic Funds Council, the Shrine of Remembrance, business, sporting organisations, the entertainment industry, the gaming industry and the education sector.

• The functions of the Committee, in particular to be consulted by the Premier in respect of matters relating to ANZAC Day, including contributions to be made to the ANZAC Day Proceeds Fund, to consult with the Patriotic Funds Council with respect to the distribution of the ANZAC Day Proceeds Fund and to consult with the education sector with respect to education initiatives.

Notwithstanding the existing provisions in the Public Holidays Act 1993, there will be provision to declare that ANZAC Day is to be observed as a public holiday, with the legislation making clear that ANZAC Day is a full day holiday and that, where appropriate, employees required to work on ANZAC Day are to be accorded any entitlements due to them. .

As the Act will repeal the Anzac Day Act 1958, provision will be necessary to establish the ANZAC Day Proceeds Fund.

The ANZAC Day Proceeds Fund will be administered by the Patriotic Funds Council, and distributed as recommended by the ANZAC Day Education and Commemoration Committee.

The objects of the ANZAC Day Proceeds Fund will be those of:

(a) welfare;

(b) commemoration; and

(c) education.

Accordingly, there will be provisions similar to those in the Anzac Day Act 1958 with respect to the distribution of funds for the welfare purposes of the ex-service community.

There will be provision to authorise the funding of ANZAC Day commemoration ceremonies through the ANZAC Day Proceeds Fund.

There will also be provision to enable the distribution of funds from the ANZAC Day Proceeds Fund for education purposes related to ensuring that the youth of Victoria learn about the significance of ANZAC Day. The distribution of funds for education purposes will also include distribution to the Shrine of Remembrance.

There will be provisions requiring those, whether sporting, gaming or entertainment organisations, who receive commercial benefit for their activities on ANZAC Day, to make a reasonable contribution to the ANZAC Day Proceeds Fund that is commensurate with the commercial outcome of conducting the particular activity on ANZAC Day.

The measure of contribution by sporting, gaming and entertainment organisations to the ANZAC Day Proceeds Fund will be regulated according to a specific formula, or formulas, prescribed by the Premier after consultation with the ANZAC Day Education and Commemoration Committee.

It is intended that there should be uniform trading hours throughout Victoria on ANZAC Day with business activity restricted between 5am and 1pm, except for essential commercial services.

There will be provision so that the essential commercial services exempt from trading on ANZAC Day are identified according to the characteristics of the particular activity rather than the premises, or shops, from which the activity is retailed. Accordingly, the business activities which will not be restricted from trade on ANZAC Day morning are, for example:

The sale of:-

• Bread

• Prescription drugs and other items of a medicinal nature, with or without a doctor’s prescription

• Daily newspapers

• Prepared meals, whether or not for take away or consumption within the premises of the business

• Flowers and plants

• Petrol

• Fruit and vegetables

• Food and groceries

It is also intended that there should be uniform liquor licensing laws throughout Victoria, so that licensed premises are closed between 5am and 12 noon, except where there are special circumstances, such as gunfire breakfasts, relating to the conduct of ANZAC Day ceremonies. In considering the test of special circumstances, there should be provision requiring the Director of Liquor Licensing to consider whether there is a genuine connection with an ANZAC Day ceremony, and not a device for opportunistic liquor trading. This will require amendment of the Liquor Control Reform Act 1996.

There will be provision prohibiting the operation of gaming facilities between 5am and 1pm on ANZAC Day.

There will be provision prohibiting trading by community markets between 5am and 1pm on ANZAC Day.

There will be provision prohibiting the conduct of auctions for the sale of property between 5am and 1pm on ANZAC Day.

It is intended that the restrictions in the Anzac Day Act 1958 with respect to the conduct of sport, eg AFL football and horse racing, and, entertainment, eg cinemas and live theatre, will be maintained, so that such activities are not commenced before 1pm.

However, the Premier will be empowered to permit an earlier commencement of these activities where he or she considers it is in the public interest to do so. In the case of cinemas and live theatre shows, the public interest consideration may be that the nature of the particular cinema or live theatre show is consistent with the principles and values of ANZAC Day and the ANZAC spirit.

It is intended that there will be provisions imposing penalties for breach of the Act.

A breach of the Act will attract a penalty up to 100 penalty units (currently $10,000).