Parliamentary Review of
ANZAC Day Laws
Chapter 3 – The Legislative Framework

Background to ANZAC Legislation

The development of legislation for Anzac Day appears to have first emerged at a Premiers’ Conference in 1921, where the following decision is recorded:

"DECISIONS ARRIVED AT BY THE PREMIERS’ CONFERENCE 1921

ANZAC Day

That irrespective of the day upon which it falls, ANZAC Day be observed on the 25th April each year, and that the holiday should be a uniform one throughout the States."[8]

Subsequently, the basis for legislation appears in the Premier’s Conference held in Melbourne in May 1923. The following extracts from the relevant Parliamentary Papers disclose that a desire for uniformity of observance of ANZAC Day throughout the nation was paramount, even to the extent of characterising it as Australia’s national day.

"ANZAC DAY – MANNER of OBSERVANCE
COMMONWEALTH GOVERNMENT’S MEMORANDUM

At the Premier’s Conference in 1921 it was agreed that, irrespective of the day on which it falls, ANZAC Day should be observed on the 25th April of each year, and that the holiday should be a uniform one throughout the States.

The present arrangement is that the actual date of the anniversary (25th April) is observed in Commonwealth Departments, a Proclamation being issued accordingly each year.

In 1921, the day was not observed uniformly in all the States. Some prohibited races, sports, etc, while others had no power to do so. In some States it was proclaimed a public holiday, in others only a sacred day.

In 1922, the States were invited to co-operate with the Commonwealth in fittingly observing the day, and an invitation was telegraphed to the various religious bodies suggesting that memorial services be held in the morning. All the States co-operated as requested and the central religious bodies generally complied with the desires of the Commonwealth in this connexion.

As yet, however, nothing has been done to insure (sic) uniformity of observance in connexion with this great day. The Commonwealth Government is of opinion that this should be done and proposes to suggest to the States the following arrangements –

(a) ANZAC Day shall be observed throughout the Commonwealth as Australia’s national Day.

(b) The actual anniversary of ANZAC Day, i.e. 25th April of each year, shall be the day of observance.

(c) The States will take the necessary steps to provide for the fitting observance of the day.

(d) The morning of the day to be observed by the holding of religious and memorial services. The afternoon to be devoted to the giving of suitable addresses, and instilling into the minds of the children of Australia the significance of ANZAC Day."[9]

It is noteworthy that the Commonwealth Government’s memorandum at the 1923 Premiers’ Conference referred to "this great day" and to "Australia’s national day." The subsequent evolution of ANZAC Day has not seen it replace Australia Day as the national day, but it has certainly assumed its prominence as its own great day.

The RSL (National Headquarters) submitted:

"ANZAC Day be officially designated as a day of commemoration of Australia’s war dead, and be kept separate from any other type of national celebration or national day."[10]

Further, the Australian Veterans and Defence Services Council submitted that:

"ANZAC Day must remain a Day of Commemoration and never be allowed to become just another day of celebration."[11]

The Committee concluded that the special significance of ANZAC Day is to be found in its characteristics of commemoration. Accordingly, the Committee is persuaded to the view expressed by the RSL (National Headquarters) that it is "inappropriate for ANZAC Day to become our national day, Australia Day, with its emphasis on celebration rather than commemoration."[12]

From the beginnings at the forums of the Premiers’ Conference, ANZAC Day legislation developed in Victoria, with the first Act being passed in 1925. Today, the existing legislative framework features separate Acts that contain provisions affecting ANZAC Day. Additionally, the Act regulating the Shrine of Remembrance is relevant to a consideration of legislation for ANZAC Day. In all, there are 10 Acts that warrant consideration in this review.[13] A summary of existing legislation is contained in Appendix C. The particular Acts are listed below:

• Anzac Day Act 1958

• Patriotic Funds Act 1958

• Public Holidays Act 1993

• Shop Trading Reform Act 1996

• Theatres (Repeal) Act 2002

• Liquor Control Reform Act 1998

• Racing Act 1958

• Labour and Industry Act 1958

• Lotteries Gaming and Betting Act 1966

• Shrine of Remembrance Act 1978

These Acts affecting ANZAC Day in Victoria regulate activities on the Day (and 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[14].

Although diverse and developed piecemeal, a common approach of the legislation appears to be to seek to achieve a fair balance in the observance of ANZAC Day as a special day of commemoration and the recognition of personal and commercial liberties. Accordingly, subject to some exceptions, businesses are required to close, and sport and entertainment are not conducted, during the morning of ANZAC Day.

A corresponding right is vested to conduct commemorative ceremonies with due solemnity and free of the distractions of trade, commerce, sports and entertainment activities. A brief summary of examples of legislation relating to Anzac Day in the Commonwealth and other Australian States and Territories is set out in Appendix F.

The Committee found strong support for legislation in respect of ANZAC Day[15]. For example, the Australian Legion of Ex-Servicemen and Women observed that:

"It seems logical that all laws affecting ANZAC Day ought to be consolidated into a single Act."[16]

RSL (National Headquarters) contended that:

"Legislation is required to cater for the following:

- Establishment of ANZAC Day as Australia’s national day of commemoration;

- Organisation and control of ANZAC Day ceremonies;

- Commercial trading hours and exemptions; and

- Timing of commercial entertainment and organised sporting events."[17]

Whilst the Victorian Automobile Chamber of Commerce submitted:

"As a matter of principle, VACC supports legislative protection for ANZAC Day, as it is a nationally significant day of commemoration in remembrance of the sacrifices and bravery by Australians in war."[18]

The Committee considers that it is highly desirable to create a clearer legislative framework for laws affecting ANZAC Day. Moreover, laws affecting ANZAC Day should be consolidated into a single Act. The Committee recognises it will not always be practicable to achieve this on all occasions, as some provisions affecting ANZAC Day in existing legislation appear in a broader contextual framework; it is not appropriate to separate them[19]. However, significant consolidation and clarification can be achieved.

The Committee considers 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. An outline of the scheme of legislation for the proposed ANZAC Day Commemoration Act is set out in Appendix A. The key provisions 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, along with welfare purposes;

• provide for reasonable contributions to the ANZAC Day Proceeds Fund by the sporting, business, 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 except where approved by the Premier;

• 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.

A single Act, where most laws affecting ANZAC Day are consolidated, will contribute to the removal of existing anomalies and inconsistencies. Furthermore, a single Act will enable central ministerial responsibility to be assumed and bring administrative improvements.

At present, the existing Acts are not allocated to the responsibility of the same Minister, but are under the control of 8 different Ministers. There is considerable merit in consolidating, as far as practicable, the provisions of these Acts into a single ANZAC Day Act, and allocate control of the consolidated Act to one Minister. Indeed, having regard to the significance attached to ANZAC Day, its genesis in the forum of the Premiers’ Conference and the whole of government nature of the consolidated provisions, it is recommended that ministerial responsibility for ANZAC Day legislation be assumed by the Premier.

Scrutiny of Acts and Regulations Committee Last Updated 19/11/2002 ©Parliament of Victoria