Scrutiny of Acts and Regulations Committee
Parliamentary
Review of ANZAC Day Laws
Chairs Foreword
In November 2001, the Victorian
Parliament 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. The ANZAC
Day Laws Review subcommittee conducted the review on behalf of the
Committee.
A bi-partisan approach has been taken
to this important review (with the Subcommittee co-chaired by members
of both the A.L.P. and the Liberal Party). The review, therefore,
provides an opportunity to make a significant contribution to a matter
that is of considerable importance to our national identity.
The Report recognises a broad community
acceptance that ANZAC Day is a solemn occasion of remembrance for
the gallantry and sacrifices of Australians in wars and peace keeping
efforts.
The Review found that 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 that impact upon ANZAC Day. The Report concludes
that considerable improvement can be made to the legislative framework
by, to the greatest extent practicable, consolidating laws affecting
ANZAC Day into a single Act, and allocating ministerial responsibility
for the Act to the Premier.
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.
The Report concludes that some of the
laws are anomalous (eg. a fine of just $500 is not an adequate penalty
for commercial cinemas that illegally open on ANZAC Day), while other
areas of the law seem too narrow (eg. the Anzac Day Act should not
refer solely to World War 1) or even silent (gaming venues should
be covered by the Act and not allowed to open on the morning of ANZAC
Day).
The Report’s recommendations are
premised on the basis that the great significance which the State
aspires to accord ANZAC Day is supported by the best set of laws.
Our Committee has pursued the development
of proposals for protecting and, wherever possible, enhancing the
significance of ANZAC Day. In pursuing this objective, we are grateful
for the assistance of the RSL, at both a State and National level,
and other relevant bodies.
As well as considering the most suitable
legislative framework, there has also been an opportunity to consider
administrative proposals, including education initiatives relating
to the promotion of ANZAC Day. Accordingly, the Report makes recommendations
regarding the importance of the education sector.
We fulfilled a commitment to undertake
a comprehensive process of public consultation in respect of this
review. To this end, in June 2002 we circulated a Discussion Paper
and conducted public hearings during July-September 2002. We are grateful
to those organisations and individuals who made written submissions
or appeared at the hearings. Their contributions are most appreciated
We are pleased to present this Report
as an important contribution to the development of meaningful ANZAC
Day legislation. The new legislation recommended by the Report will
enable Victoria to demonstrate leadership to the Commonwealth and
the other States on the most appropriate legislative framework for
the nation’s most important commemorative day.
The Report has made particular effort
to develop recommendations appropriate to the evolving role, over
the coming decades, of the Parliament and governments in assisting
the holding of this national day and the promotion of the ANZAC spirit.
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