Parliamentary Review of
ANZAC Day Laws

Recommendations

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The recommendations of the Report are set out below.

Recommendation 1

The Committee, in recognition of the overwhelming support of ANZAC Day as a day of national commemoration, recommends that Parliaments and governments work to:

(a) enhance commemoration of ANZAC Day;

(b) cater for the deep and increasing public interest in the significance of ANZAC Day by stimulating education about ANZAC Day; and

(c) provide greater resources and support for activities and projects that commemorate the ANZAC spirit.

Recommendation 2

The Committee recommends that, where practicable, all laws regulating or affecting ANZAC Day be consolidated into a single new Act, thus creating a clearer legislative framework for laws affecting ANZAC Day.

Recommendation 3

The Committee recommends that, having regard to the profound significance of ANZAC Day and to the whole of government nature of the legislative responsibilities involved, ministerial responsibility for the Act be assumed by the Premier.

Recommendation 4

The Committee recommends that, in view of the long-standing role of the ex-service community in the conduct of ANZAC Day ceremonies throughout Victoria, these matters should remain the province of the ex-service community, without legislative intervention.

Recommendation 5

The Committee recommends that references to "ANZAC" in legislation should be made in upper case encryption to reflect the origin of the word as a combination of the Australian and New Zealand forces that served at Gallipoli.

Recommendation 6

The Committee recommends that:

(a) the observance of ANZAC Day commemorate the service of Australians in all conflicts; and

(b) the existing reference to commemorating participation in the Great War should be complemented in the new ANZAC Day legislation by a reference to participation in subsequent conflicts, including peace keeping activities.

Recommendation 7

The Committee recommends that ANZAC Day should continue to be observed as a public holiday on 25 April each year, with the legislation making clear that ANZAC Day is a full day holiday.

Recommendation 8

The Committee recommends that, in light of the need to give enhanced priority to commemorating ANZAC Day and the ANZAC spirit, provision be included in the new ANZAC Day legislation to:

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

(b) 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

(c) 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.

Recommendation 9

The Committee recommends the continuation of the ANZAC Day Proceeds Fund, administered by the Patriotic Funds Council.

Recommendation 10

The Committee recommends that the legislation authorise the funding of approved ANZAC Day commemoration ceremonies through the ANZAC Day Proceeds Fund.

Recommendation 11

The Committee recommends that:

(a) the Shrine of Remembrance Act 1978 be amended to enable the Trustees of the Shrine to develop, promote, facilitate and organise education initiatives relating to the service of Australians in defence of their country and in peacekeeping activities, including those relating to ANZAC Day; and

(b) the Government provide sufficient funding for this new function.

Recommendation 12

The Committee recommends that the existing contribution by sporting bodies (eg, horse racing and football) to the ANZAC Day Proceeds Fund be, in future, regulated according to a specific formula, or formulas, prescribed by the Premier after consultation with the ANZAC Day Education and Commemoration Committee.

Recommendation 13

The Committee recommends that a contribution to the ANZAC Day Proceeds Fund should be made by the gaming industry in respect of gaming activities conducted on ANZAC Day, and the appropriate contribution be prescribed by the Premier after consultation with the ANZAC Day Education and Commemoration Committee.

Recommendation 14

The Committee recommends that, in light of the accepted view that the period from dawn until the conclusion of commemorative services on 25 April should be observed as a time of solemn reflection, there should be uniform trading hours throughout Victoria on ANZAC Day with business activity restricted between 5am and 1pm.

Recommendation 15

The Committee recommends that the essential commercial services exempt from the restriction on trading before 1pm on ANZAC Day should be identified according to the characteristics of the particular activity rather than the premises, or shops, from which the activity is retailed. For example, authorised trading activities would include 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

Recommendation 16

The Committee recommends that there should be uniform liquor licensing laws throughout Victoria on ANZAC Day, so that licensed premises are closed between 5am and 12 noon, except where special circumstances exist, such as gunfire breakfasts on ANZAC Day.

Recommendation 17

The Committee recommends that the operation of gaming facilities be prohibited between 5am and 1pm on ANZAC Day.

Recommendation 18

The Committee recommends that trading by community markets be prohibited between 5am and 1pm on ANZAC Day.

Recommendation 19

The Committee recommends that the existing arrangements be maintained where factories are closed for the whole day on ANZAC Day, unless a factory is not required to close in accordance with the provisions of the Labour and Industry Act 1958.

Recommendation 20

The Committee recommends that the conduct of auctions for the sale of property be prohibited between 5am and 1pm on ANZAC Day.

Recommendation 21

The Committee recommends that the existing arrangements with respect to conduct of sporting events, horse racing and entertainment on ANZAC Day be maintained, so that such activities are not commenced before 1pm.

Recommendation 22

The Committee recommends that the operation of cinemas and live theatres be prohibited between 5am and 1pm on ANZAC Day, except where the nature of particular cinema or live theatre shows is consistent with the purposes of ANZAC Day, and, after consultation with the ANZAC Day Education and Commemoration Committee, the Premier grants approval.

Recommendation 23

The Committee recommends there be higher and consistent penalties for the breach of ANZAC Day laws, with the level of penalty to be up to 100 penalty units.

Recommendation 24

The Committee recommends that the Department of the Premier and Cabinet should further consult the ex-service community and other interested bodies with respect to issues relating to the implementation of the Committee’s recommendations.


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Last Updated 19/11/2002
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