ANZAC Day Commemoration Act 2005

This Act may be cited as the ANZAC Day Commemoration Act 2005.

In this Act, unless the contrary intention appears—

ANZAC Day means 25 April in any year;

Council means the Veterans' Advisory Council established by the Minister as a non-statutory advisory body;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

Fund means the ANZAC Day Commemoration Fund;

RSL means The Returned & Services League of Australia (S.A. Branch) Incorporated;

spouse—a person is the spouse of another if they are legally married;

veteran means a person who has served in the defence forces of Australia in a war or armed conflict, or in international peace-keeping operations, in which Australia has been involved.

The object of this Act is to ensure that the contribution of all men and women who have served Australia in time of war or armed conflict, or in international peace-keeping operations, in which Australia has been involved, is recognised and commemorated in this State.

The ANZAC Day Commemoration Fund is established.

The Fund consists of—

any money provided by Parliament for the purposes of the Fund; and

any grants, gifts and bequests made for payment into the Fund; and

any money that is required or authorised by law to be paid into the Fund; and

any income from investment of money belonging to the Fund.

The Minister may, with the approval of the Treasurer, invest any of the money belonging to the Fund that is not immediately required for the purposes of the Fund in such manner as is approved by the Treasurer.

The Fund may be applied by the Minister, after consultation with the Council, for any of the following purposes:

payments to any organisation for the purpose of educating the community about the significance of ANZAC Day;

payments for aged veterans to maintain, alter and improve their homes;

payments to maintain and care for aged veterans in homes;

payments for the welfare of spouses, domestic partners and children of deceased veterans;

payments to any organisation established for the purpose of helping or supporting, or having a membership consisting of or including, veterans or the spouses, domestic partners, children or other dependants of veterans;

payments to any organisation for the purpose of conducting commemoration services on ANZAC Day;

payment of the expenses of administering the Fund.

Each application made to the Minister for a payment out of the Fund must be referred to the Council for its consideration and the Council must make recommendations to the Minister in relation to such applications as the Council thinks fit.

A person making an application for payment of money out of the Fund must—

provide the Minister with specified information to enable the Minister to determine the application; and

verify, by statutory declaration, information furnished for the purposes of the application.

Despite any other Act or law, the holding of a public sporting or entertainment event between the hours of 5.00 a.m. and 12 noon on ANZAC Day in any year is unlawful unless authorised in writing by the Minister.

If a public sporting or entertainment event is held unlawfully, the organiser of the event is guilty of an offence.

Maximum penalty: $1 250.

Expiation fee: $160.

The Minister may grant an authorisation under subsection (1) if satisfied that, in all the circumstances of the case, it is in the public interest to do so.

However, before granting an authorisation under subsection (1), the Minister must—

cause a copy of the application and supporting affidavit to be given to the RSL; and

have regard to any comments made by the RSL in relation to the application received on or before the date specified by the Minister for receipt of such comments.

An applicant for an authorisation under subsection (1) must—

provide the Minister with specified information to enable the Minister to determine the application; and

verify, by statutory declaration, information furnished for the purposes of the application.

An authorisation under subsection (1) may be made subject to such conditions as the Minister thinks fit and specifies in the instrument of authorisation.

A person who contravenes, or fails to comply with, a condition of an authorisation under this section is guilty of an offence.

Maximum penalty: $1 250.

Expiation fee: $160.

In this section—

public sporting or entertainment event means a sporting or entertainment event or activity to which tickets for admission (or similar devices)—

are made available for purchase by a member of the public prior to the holding of the event or activity; and

are required for entry to the event or activity.

Despite the Lottery and Gaming Act 1936, but subject to this section—

the game commonly known as “two up” is not an unlawful game when played on ANZAC Day on the premises of a branch or sub-branch of The Returned & Services League of Australia Limited and any premises owned or occupied by the Defence Forces of Australia; and

no such place is a common gaming-house within the meaning of that Act by reason only that two up is played in that place on ANZAC Day; and

no offence is committed and no other liability will be incurred by any person by reason only of the playing of two up on ANZAC Day in such a place.

Subsection (1) does not apply if—

any payment or other benefit is given or sought, directly or indirectly, for the right to participate in the game (otherwise than by the placing of bets); or

any commission on, percentage of or fee for bets or winnings is given or sought by any person, whether or not a participant in the game.

This section does not affect any offence relating to betting by or with a person under the age of 18 years.

In this section—

bet has the same meaning as in the Lottery and Gaming Act 1936.

A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Act.

Maximum penalty: $5 000.