Parliamentary Review of
ANZAC Day Laws
Chapter 4 – Policy Considerations

To assist deliberation about the policy considerations, the Discussion Paper posed a number of questions. These questions and brief comments on responses received in submissions are set out below:

The general consensus of submissions confirmed that a measure of regulation is required for ANZAC Day. If the regulation of ANZAC Day is to occur, this should be undertaken through an Act of Parliament. For example, the RSL (National Headquarters) submitted that:

"The ex-service community is ageing, and the once great strength of the RSL is diminishing. The RSL sees it as vital that the tradition of ANZAC Day as a day of remembrance continues to be carried on appropriately. To this end, legislation is essential to cement this day in our national calendar and preserve its commemorative character."

The most common sentiment expressed in submissions was that the current laws are not working. Although a number of submissions merely stated the contention that the current laws were not working without any substantiation, those that did elaborate on the reasons for the opinion that the current laws were not working tended to point to inconsistencies, particularly with respect to restrictions on business activities.

Submissions generally supported the regulation of ANZAC Day. The policy basis for this was generally seen in terms of the public good that is associated with the observance of a day of commemoration, particularly a day which reflects the ANZAC spirit. The case for legislative intervention is discussed in Appendix D.

Again, the majority of submissions considered it desirable that the laws affecting ANZAC Day be consolidated into a single Act. The primary basis for this view is to overcome what is presently perceived as an uncoordinated, mosaic of laws. It is clear that there is considerable support for the repeal of the present Anzac Day Act 1958, and its replacement by a fresh Act providing the optimum comprehensive coverage of laws which affect ANZAC Day.

Notwithstanding the general support for a single enactment, a number of submissions argued for the retention of matters such as the restriction of business activity to be retained in existing legislation relating to shop trading hours and such matters as liquor licensing.

The overwhelming view of submissions was to the effect that the existing reference in the Anzac Day Act 1958 to commemoration related to World War I required updating to recognise all conflicts in which Australian people have been engaged. Further, there was considerable support for the commemoration to be extended to include peacekeeping activities, as presently recognised in the Patriotic Funds Act 1958.

A view strongly held by the National and State RSL and sub branches of the RSL is that there should not be legislative control over the conduct of ANZAC Day ceremonies. The submissions argued that the nature of the ceremonies, i.e. the Dawn Service and the march, are matters for the service community and not matters which require Government intervention.

Submissions expressing diverse views were received in relation to the restriction of business activities on ANZAC Day. These may be considered in respect of four key areas, namely: –

(a) shop trading;

(b) liquor licensing;

(c) entertainment; and

(d) gaming.

Each of these is dealt with in detail later in the Report. By way of summary, in respect of shop trading, there were competing views about whether the existing arrangements are satisfactory.[20]

In respect of liquor licensing laws, it appears generally accepted that there should be some restriction of the licensing of the sale of liquor on ANZAC Day morning. However, the primary issue relates to the particular hours for such restrictions.

In respect of entertainment, there appears to be a general consensus that sporting events, theatres and cinemas should be restricted from being undertaken during the ANZAC Day morning in recognition of the solemnity of the commemoration activities being conducted at that time.

In relation to gaming, there appears to be overwhelming support for the notion that particular laws be put in place to restrict gaming on ANZAC Day morning.

There is general support for the principle that ANZAC Day morning is, in effect, sacrosanct and that the afternoon should be celebratory, particularly with respect to the conduct of sporting and entertainment events. Further, the restrictions on business activity should not apply in the afternoon, although the full day is a public holiday.

The submission of the RSL (National Headquarters) expressed the view as follows:

"Traditionally, there has been no commercial activity or sport permitted, nation-wide on or before a certain time, now generally 1pm. We believe this should be enshrined in legislation. Exceptions are the media, organisations providing public transport and other essential services."[21]

It is not the intention to extend this review to a broader examination of the Patriotic Funds Council. However, submissions recognise that the Patriotic Funds Council, whilst having year long responsibilities, has a significant role in respect of the distribution of the ANZAC Day Proceeds Fund. In relation to this particular responsibility, there are sound reasons for ensuring that the functions bestowed upon the Patriotic Funds Council under its constituting legislation are consistent with the objectives of the ANZAC Day legislation.

It is clear that there is significant dissatisfaction with the existing legislative scheme governing contributions by major sporting organisations to the ANZAC Day Proceeds Fund. This dissatisfaction is primarily founded on equity grounds. In this context, submissions pointed to a perceived inadequacy of the contribution presently made by the Australian Football League.

In respect of this issue the fundamental threshold principle (which has strong general support) is that those, whether sporting, gaming or entertainment organisations, who receive commercial benefit for their activities should 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.

Submissions generally proposed that the gaming industry should contribute to the ANZAC Day Proceeds Fund with the notable exception being the RSL. However, the RSL’s position should be understood in the context of its scrupulous perception of conflict of interest.

In this regard, numerous branches of the RSL derive benefit from gaming on ANZAC Day. In light of this, the RSL appears to have been concerned that there would be an element of "double dipping" if its constituency received benefits both from gaming revenue received on ANZAC Day in accordance with ordinary operations and from contributions made to the ANZAC Day Proceeds Fund. However, such an occasion for conflict of interest will not arise as the RSL branches conducting gaming operations on ANZAC Day would be required to make a contribution to the ANZAC Day Proceeds Fund in respect of those operations.

The weight of submissions was in favour of the closure of gaming facilities on ANZAC Day. For example, the RSL (Victorian Branch) contended that "the operation of gaming should not occur between 5.00am and 1.00pm on ANZAC Day." [22]

A number of submissions drew attention to the existing anomalies in the penalties for breach of provisions relating to ANZAC Day. There is general support for consistency in levels of penalties and some concern about enforcement issues.

The Committee received overwhelming endorsement for the need to develop appropriate strategies to ensure that school children are educated about ANZAC Day and the ANZAC spirit. It is also apparent that the level of the community interest in ANZAC Day is sufficiently substantial as to justify education or information initiatives to cater for an increasing interest of Victorians in ANZAC Day.

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