Scrutiny of Acts and Regulations Committee

Parliamentary Review of
ANZAC Day Laws

Executive Summary

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This review is about the laws that govern the arrangements for the observance of ANZAC Day in Victoria.

Legislation affecting ANZAC Day in Victoria regulates activities on the day and a wide range of related matters. The laws provide for a public holiday, regulate a range of activities on ANZAC Day, such as retail trading hours, liquor controls, entertainment and sporting events, and govern raising, collection and distribution of patriotic funds.

The current Victorian laws (like the similar group of laws in other States) have never been subject to a comprehensive update. Given the historic nature of the legislation, it is important to ensure a legal and policy framework is in place that is sufficiently robust to foster the significance of ANZAC Day for future generations. There is also a need to repair anomalies identified in the operation of the current laws. To a considerable extent these anomalies are a consequence of the ad hoc and diffuse development of the many pieces of legislation.

The Committee approached this review as an opportunity to recommend improvements to the laws by addressing key issues relating to:

(a) the observance of a commemorative public holiday;

(b) the funding of ANZAC Day;

(c) the extent of restriction on business, sport, gaming and entertainment activity;

(d) the provision of statutory support to an array of commemoration and education initiatives;

(e) the scope for commemoration and education initiatives;

(f) consistency in the legislation;

Those who question ANZAC Day laws may claim that the Parliament should not make laws that interfere with private commercial activities. On the other hand, there are those who say that the Parliament has a responsibility to ensure that a day of such special significance as ANZAC Day is appropriately commemorated.

The argument in favour of legislative protection for ANZAC Day is very strong and has grown in proportion to rising support for ANZAC Day. In particular, there appears to have developed a community acceptance that ANZAC Day should be observed as a day of the utmost significance.

Given the overwhelming community view in favour of having legislation, its adequacy requires consideration. This Report therefore sets out some general matters relating to legislation which affects ANZAC Day, in particular, the policy objectives and principles that might shape the legislation

The initial laws about ANZAC Day were, to a considerable extent, focussed on providing a public holiday out of respect for the gallantry and sacrifice of Gallipoli. These were laws not of business regulation or funding schemes, but essentially laws of emotion. It is the nature of emotion that circumstances change. Accordingly, the laws that were appropriate for ANZAC Day after World War One may no longer be sufficiently comprehensive. As the numbers of veterans diminishes, so the challenge of respecting the significance of ANZAC Day increases. Whether or not the current laws reflect current standards of observance was at the core of the consideration of ANZAC Day laws. The Committee was therefore pleased that the challenge of developing an improved legislative framework attracted substantial interest for this review.

The Committee finds that significant consolidation and improvement of ANZAC Day laws can be achieved. The Committee recommends that a new Act, entitled the ANZAC Day Commemoration Act, should be enacted to legislate with respect to ANZAC Day and to consolidate, where practicable, all laws regulating or affecting ANZAC Day. The key provisions for the proposed ANZAC Day Commemoration Act include:

• provide for the commemoration of ANZAC Day as a day of national significance;

• commemorate participation in the Great War and participation in subsequent conflicts, including peace keeping activities;

• expand the functions of the Patriotic Funds Council;

• establish a committee, the ANZAC Day Education and Commemoration Committee, within the Patriotic Funds Council;

• declare that ANZAC Day is to be observed as a public holiday;

• provide for the ANZAC Day Proceeds Fund;

• provide for the distribution of funds from the ANZAC Day Proceeds Fund for commemoration and education purposes, as well as for welfare purposes;

• provide for increased reasonable contributions to the ANZAC Day Proceeds Fund by the sporting, gaming and entertainment sectors, in accordance with a specific formula prescribed by the Premier after consultation with the ANZAC Day Education and Commemoration Committee;

• provide for uniform trading hours throughout Victoria on ANZAC Day with business activity restricted between 5am and 1pm, except for essential commercial services exempt according to the characteristics of the particular activity;

• provide for uniform liquor licensing laws throughout Victoria, so that licensed premises are closed between 5am and 12 noon, except where there are special circumstances;

• provide for a prohibition on the operation of gaming facilities between 5am and 1pm on ANZAC Day;

• restrict the conduct of sport and entertainment before 1pm;

• provide for uniform and higher penalties for breach of the Act;

• provide for consequential and transitional provisions, including provision to amend the Shrine of Remembrance Act 1978 to enable the Shrine to develop education initiatives;

• provide for the making of regulations.

The focus of this review is on laws that affect ANZAC Day. Apart from the Patriotic Funds Act 1958 and the Shrine of Remembrance Act 1978, essentially the impact of these laws occurs on ANZAC Day itself. The Committee found that there was considerable scope to explore improvements to the legislative framework that will give statutory support to an array of ongoing commemoration and education initiatives.

In relation to education about ANZAC Day and the ANZAC spirit, the Committee concluded there is a need to ensure a legislative basis so that future generations are supported by new objectives and powers for an effective education program.