Anzac Day Act 1995

This Act may be cited as the Anzac Day Act 1995.

In this Act—Board...council means the Queensland Veterans’ Council established under the Queensland Veterans’ Council Act 2021, section 5.Fund means the Anzac Day Trust Fund.home means a place where accommodation, daily meals or nursing care are provided (including associated maintenance and administration facilities and services).Trust...

Anzac Day is to be commemorated on 25 April each year and is a holiday throughout Queensland.

Note—The Trading (Allowable Hours) Act 1990, part 6 requires the closing of most factories and shops, prohibits the selling of real estate, and generally requires places of public amusement not to open before 1.30p.m. on Anzac Day.

There is a fund called the Anzac Day Trust Fund.

The council has the function to administer the Fund under this Act and the Queensland Veterans’ Council Act 2021.

The council must consider applications made to the council for payments out of the Fund under subsection (2).

The council may make payments for the following purposes—

for aged persons who served Australia in its defence forces—

to maintain, alter and improve homes; or

to acquire land on which to erect or build homes; or

to erect and build homes on land acquired for the purpose or otherwise held by the council; or

to acquire homes; or

to maintain and care for them in homes;

the welfare of spouses and children of deceased persons who served Australia in its defence forces;

to institutions, organisations or associations that have as their sole or main object or activity the giving of help or support to, or whose membership consists of or includes—

persons who served Australia in its defence forces in time of war or armed conflict; or

anyone now a Queensland resident who served in the defence forces of a country or power allied or associated with Australia—

in a war in which Australia was involved; or

in a conflict, which the council considers to have the attributes of a war in which Australia was or is involved; or

a dependant of a person mentioned in subparagraph (i) or (ii).

However, payments out of the Fund under subsection (2) may only be made after the costs incurred by the council in administering the Fund are paid out of the Fund.

The council may accept a gift of property regardless of how it is held.

The council may sell property not in the form of money.

A payment under this Act, a gift of money, or the proceeds of the sale of property, received by the council must be paid into the Fund.

The State is to pay an annual grant to the council.

The grant is payable for each financial year and is to be paid as soon as possible after the end of the relevant financial year.

The first grant under this section is to be made for the financial year 1998–1999 (the initial grant).

The initial grant is $795,000.

The amount of each grant paid after the initial grant is to be calculated using the formula—

In the formula—A is the amount of the grant paid to the council for the previous financial year.B is the CPI number published for the March quarter in the financial year for which the grant is to be paid.C is the CPI number published for the March quarter in the financial year preceding the financial year for which the grant is to be paid.

If in a particular financial year, the calculation of the grant would reduce it below $795,000, the grant must be the same as the grant for the previous financial year.

The amount of a grant paid under this section may be increased by not more than the GST payable for a supply made by the council relating to the payment of the grant.

In this section—CPI means the all groups consumer price index for Brisbane published by the Australian statistician.

The Governor in Council may make regulations under this Act.

In an Act or document, a reference to the Anzac Day Act 1921 may, if the context permits, be taken to be a reference to this Act.

In this division—former Trust means the Anzac Day Trust under this Act immediately before the commencement.

On the commencement—

the former Trust is abolished; and Note—See the Queensland Veterans’ Council Act 2021, part 7 for provisions about the succession of the former Trust.

the former Board is abolished; and

each person holding office as the chairperson of the former Trust, a trustee of the former Board and the former secretary goes out of office.

No compensation is payable to the chairperson, a trustee or the former secretary because of this section.

In this section—former Board means the Board under this Act immediately before the commencement.former secretary means the secretary to the former Trust under this Act immediately before the commencement.