Anzac Day Act 1958

The Act mentioned in the Schedule to the extent thereby expressed to be repealed is hereby repealed accordingly.

Except as in this Act expressly or by necessary implication provided—

all persons things and circumstances appointed or created by or under the repealed Act or existing or continuing under such Act immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Act had not been so repealed;

in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any licence permit condition liability or right made issued granted given accrued incurred or acquired or existing or continuing by or under such Act before the commencement of this Act.

Notwithstanding anything in any Act regulation or by-law no sports shall be held on ANZAC Day in any year except with the written approval of the Minister and where any sports are held with such approval the provisions of this section shall be complied with.

No race match game exercise or other event at any sports so held shall commence before one o'clock in the afternoon.

Such portion of the net profit from any such sports as the Minister before the sports are held directs or approves shall be paid within 2 months after the holding of the sports into the ANZAC Day Proceeds Fund established under this Act: Provided that where such sports are held more than 50 kilometres from the north-east side of the corner of Bourke and Elizabeth streets, Melbourne, the Minister may before the sports are held authorize such payment to be made to any institution or organization in the district in which the sports are held if the Minister is satisfied, after consultation with the president for the time being of the Victorian branch of the Returned Sailors' Soldiers' and Airmen's Imperial League of Australia, that such institution or organization is one whose objects would permit it to be recommended to share in the distribution of the said Fund under section 4A(3).

The club association body corporate or person by or on behalf of which or whom any such sports are held shall within 2 months after the holding of the sports supply to the Minister a detailed statement correctly setting out all receipts and expenditure in connexion with such sports verified by statutory declaration made by such person or by the chairman or president and the secretary or treasurer of such club or association or by the chairman and secretary of such body corporate.

If any sports are held on ANZAC Day in any year without the written approval of the Minister or in contravention of subsection (2) the club association body corporate or person by or on behalf of which or whom such sports were so held and each member of the managing body or committee of such club or association and each director of such body corporate shall be liable to a penalty of not more than $1000. But no person shall be liable if it is shown that the person did not act wilfully in contravention of this section.

If any club association body corporate or person by or on behalf of which or whom any sports were held on ANZAC Day in any year fails to comply with any provision of subsection (3) or subsection (4) such club association body corporate or person and each director or member of the managing body or committee of such club association or body corporate shall be liable to a penalty of not more than $1000. But no person shall be liable if it is shown that such failure occurred without the person's knowledge or approval.

In this section sports means bicycle races or foot races or cricket matches or football matches or any other game exercise pastime or contest of a kind usually conducted carried on contested or decided on a ground which are held on any ground or in any building to which persons are admitted on payment of an admission fee or charge or after any donation has been sought from them for the purpose of witnessing the same, but does not include horse races trotting races or dog races.

Nothing in this section shall affect the operation of any Act or law relating to Sunday but otherwise this section shall have effect notwithstanding anything in any Act regulation or by-law.

There shall be established and kept in the Treasury a fund to be called the ANZAC Day Proceeds Fund.

There shall be paid into the said Fund all moneys which are required to be so paid by this Act, the Racing Act 1958 or any other Act.

All of the money standing to the credit of the Fund on 31 August each year, including any interest accrued, is to be distributed to organisations whose principal object is to provide welfare to the ex-service community before the end of the current financial year.

The money is to be paid to those organisations in accordance with the recommendations of the Victorian Veterans Council.

In this section ex-service community has the same meaning as in the Veterans Act 2005.

Despite anything in any other Act or a statutory rule (within the meaning of the Subordinate Legislation Act 1994), a person must not, without a written permit from the Minister, provide any entertainment or allow any entertainment to be provided before 1 p.m. on ANZAC Day at a place (whether indoors or outdoors)—

to which persons are admitted—

on payment of a fee or charge; or

after a donation is sought from them—

at which a commercial business is carried on for the supply of goods or services or both.

However, subsection (1) does not apply to entertainment provided at licensed premises (within the meaning of the Liquor Control Reform Act 1998) at a time when alcohol may be consumed on the premises in accordance with the particular licence.

The Minister may only give a permit under subsection (1) if—

the applicant for the permit has paid the prescribed fee (if any); and

the Minister is satisfied that the provision of the entertainment—

is a genuine commemoration of ANZAC Day; or

if it is not a genuine commemoration of ANZAC Day, would not detract from, or adversely affect, the commemorative nature of ANZAC Day.

The Minister may give a person a permit under subsection (1) subject to specified conditions.

A person who holds a permit under subsection (1) that is subject to specified conditions must comply with each of those conditions.

In this section, entertainment—

includes, but is not limited to—

a dance or similar event at which one or more persons play music (whether live or pre-recorded); and

a concert, play, drama, recital or other performance at which there are one or more performers; and

does not include sports or the showing of a film.

Subject to subsection (2), a person must not conduct a public auction of land or a business before 1 p.m. on ANZAC Day.

Subsection (1) does not apply to an online public auction that has commenced but has not been completed before 1 p.m. on ANZAC Day.

This section applies despite anything in any other Act or statutory rule within the meaning of the Subordinate Legislation Act 1994.

In this section—

whether with or without the addition of any other substances of any kind, and

whether sold as bread or under a trade or descriptive name—

any premises or place where any manufacturing process is carried on and 2 or more persons are directly employed in that process (whether on their own account or for hire or reward); or

any premises or place where any special manufacturing process is carried on and one or more persons are directly employed in that process (whether on their own account or for hire or reward); or

any premises or place where—

electricity is generated or mechanically transformed for the supply of heat, light or power; or

coal gas is made; or

any clay pit or quarry worked in connection with and occupied by the occupier of a pottery or brickyard—

inmates of a prison (or other institution) for the time being subject to inspection under any Act; or

inmates of an institution conducted in good faith for religious or charitable purposes;

any handicraft or work done in any laundry or dye-works, whether or not done in preparing or manufacturing articles for trade or sale; and

any process in or incidental to—

the making, assembling, altering, repairing, renovating, preparing, ornamenting, finishing, cleaning, washing or adapting of any goods or articles or part of any goods or articles for trade, sale or gain, or

any purpose ancillary to trade, sale or gain;

steam, water, gas, oil or electric power (exceeding 0⋅4 kilowatts) is used; or

any process involving mixing, pasting or smelting in connection with the manufacture or repair of electrical accumulators is used; or

any process involving mixing, pasting or smelting involving the use of a compound of lead is used; or

any bread or pastry is made or baked for trade or sale; or

any confectionery or cereal food for human consumption is prepared or manufactured for trade or sale; or

fish or poultry are prepared for trade or sale by wholesale;

from flour or meal (whether as milled or with any added substances or with any of its component substances removed, reduced or added to) and water; or

from any mixture of those flours or meals and water.

An occupier of a factory or warehouse must ensure—

that the factory or warehouse is closed and kept closed on ANZAC Day; and

that each employee in that factory or warehouse is given a whole holiday on ANZAC Day.

Subsection (1) does not apply to a factory of a class or kind—

set out in Schedule 2; or

exempted by Order under section 5D.

Subsection (1)(b) does not apply in relation to employees solely employed for the purpose of safeguarding the premises.

The Governor in Council, by Order published in the Government Gazette, may exempt a class or kind of factory or warehouse from the requirements of section 5C(1).

An Order under this section must be laid before each House of Parliament as soon as practicable after it is made.

If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer—

authorised or permitted the commission of the offence by the body corporate; or

was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate.

For the purposes of subsection (1), the following provisions are specified—

section 5(1);

section 5A(1);

section 5C(1).

Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.

An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.

In this section—

a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or

a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.

This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.