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(1)

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(2)

QUEENSLAND

ANZAC DAY ACT 1921-1981

[Reprinted as at 1 December, 1981]

Anzac Day Act of 1921, 12 Geo. 5 No. 13 As amended by

Anzac Day Act Amendment Act of 1930, 21 Geo. 5 No. 14 Racing Regulation Amendment Act of 1930, 21 Geo. 5 No. 27 Anzac Day Acts Amendment Act of 1964, No. 70

Racing and Betting Act Amendment Act 1971, No. 9

This Act (excluding ss. 3, 6, 8, 9, 12 and 17) commenced 23 October 1971 (Proc.

pubd. Gaz. 23 October 1971, p. 840).

Anzac Day Act Amendment Act 1973, No. 6 Anzac Day Act Amendment Act 1976, No. 21

Racing and Betting Act and Another Act Amendment Act 1981, No. 19 Partm

Part III commenced 1 July 1981 (Proc. pubd. Gaz. 20 June 1981, p. 1445).

An Act to Constitute Anzac Day a National Holiday

[Assented to 31 October 1921]

BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-

1. Short title. This Act may be cited as " The Anzac Day Act of 1921."

Collective title conferred by Act of 1981, No. 19, s. 77 (2).

2. Anzac Day to be a national holiday. In commemoration of the part taken by Queensland troops in the Great War, and in memory of those who gave their lives for the Empire, the twenty-fifth day of April in each year (being the anniversary of the first landing of English, Australian, and New Zealand troops on Gallipoli) shall be known as

"Anzac Day," and shall be observed throughout Queensland as a holiday.

As amended by Act of 1930, 21 Geo. 5 No. 14, s .. 26; Act of 1964, No. 70, s. 2;

Act of 1981, No. 19, s. 78.

(3)

2 SS. 2A, J ANZAC DAY ACT 1921-1981

2A. Interpretation. In this Act save where the contrary intention appears-

" Minister " means the Minister for Employment and Labour Relations or other Minister of the Crown for the time being charged with the administration of this Act and includes any person who for the time being performs the duties of the Minister;

"racing venue", "race meeting", "trotting meeting",

"greyhound meeting"," bookmaker"," Totalisator Board"

and " totalisator " have the same respective meanings as are assigned to each of those terms by the Racing and Betting Act 1980-1981.

Inserted by Act of 1981, No. 19, s. 79.

3. Anzac Day to be a public holiday. (1) In this section the terms

"factory", "shop", "small shop", "exempted shop" and, in relation to a factory or shop, " occupier " have the meanings assigned to those terms respectively by "The Factories and Shops Acts, 1960 to 1964."

(2) The provisions of this section requiring factories and shops to be closed and kept closed on Anzac Day do not apply to-

( a) licensed premises under and within the meaning of "The Liquor Acts, 1912 to 1961 ";

(aa) a racing venue at which a race meeting, trotting meeting or greyhound meeting is to be or is being held lawfully, or an office or agency of the Totalisator Board;

(b) any place of public amusement within the meaning of section four of this Act which is being lawfully used as such;

(c) a shop specified in Part I of the Schedule to this Act;

(d) a factory or shop wherein a calling specified in Part II of the Schedule to this Act is carried on so far as relates to the carrying on therein of that calling.

(3) The provisions of this section requiring employees to be given a holiday on Anzac Day do not apply to the employment on Anzac Day-

( a) in a factory or shop, of a person solely employed in safeguarding the factory or shop;

(b) at a racing venue at which a race meeting, trotting meeting or greyhound meeting is lawfully held, of any person;

(ba) at an office or agency of the Totalisator Board, of any person;

(c) on licensed premises under and within the meaning of "The Liquor Acts, 1912 to 1961," of any person;

(d) in or on any place of public amusement within the meaning of section four of this Act which is being lawfully used as such, of any person solely employed for the purposes of such use;

(e) in a shop specified in Part I of the Schedule to this Act, of any person;

(f) in a calling specified in Part II of the Schedule to this Act, of a person solely engaged in and for the purposes of carrying on that calling.

(4)

ANZAC DAY ACT 1921-1981 s.4 (4) Subject to subsections (2) and (3) of this section-

(a) every factory and every shop other than an exempted shop or a small shop shall be closed and kept closed on Anzac Day;

(b) every employee in a factory or in a shop other than an exempted shop or a small shop shall be given a whole holiday on Anzac Day;

(c) every small shop shall be closed and kept closed on Anzac Day before 30 minutes after midday; and

(d) an employee shall not be employed in a small shop on Anzac Day before 30 minutes after midday.

Every occupier of a shop shall comply in every respect with the requirements of this section and if he fails to do so shall be guilty of an offence against this Act.

(5) (a) The Governor in Council by Order in Council published in the Gazette may from time to time amend the Schedule to this Act by deleting from Part I any shop or factory for the time being specified therein or by adding thereto any other shop or factory, or by deleting from Part II any calling for the time being specified therein or by adding thereto any other calling.

The Schedule to this Act as so amended shall become and be for the time being the Schedule to this Act.

(b) Every Order in Council under this subsection shall be laid before the Legislative Assembly within fourteen sitting days after the publication thereof in the Gazette if the Legislative Assembly is then in session and, if not, within fourteen days after the commencement of the next session.

If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Order in Council has been laid before it disallowing the Order in Council or part thereof, the Order in Council or part shall thereupon cease to have effect but without prejudice to the validity of anything done in the meantime or to the making of any further Order in Council.

Substituted by Act of 1964, No. 70, s. 3; as amended by Act of 1981, No. 19, s. 80.

4. Places of public amusement. (1) In this section the term "place of public amusement " means any building or any part of a building, or any enclosure, ground, premises or place whatsoever used or intended to be used as a theatre, dancing hall, or music-hall or for athletic entertainment or boxing, or for a circus or a cinematograph exhibition, or for any public entertainment, amusement or entertainment whatsoever, whether or not a charge is made for admission thereto.

(2) It shall be unlawful for any person, except with the permission in writing of the Minister (which permission the Minister is hereby authorised to grant), to open, keep open or use or to permit or allow to be opened, kept opened, or used any place of public entertainment on Anzac Day before thirty minutes after one o'clock in the afternoon.

Any person who contravenes in any respect the provisions of this subsection shall be guilty of an offence.

3

(5)

4 ss. 5,6 ANZAC DAY ACf 1921-1981

(3) It shall be an implied condition of a license in respect of a place of public amusement granted by Brisbane City Council or any Local Authority that the holder thereof shall not contravene in any respect the provisions of subsection (2) of this section.

A breach of such implied condition shall be taken into account in respect of any power or authority of Brisbane City Council or the Local Authority to cancel or suspend the license for a breach or breaches of the conditions thereof.

Substituted by Act of 1964, No. 70, s. 4.

5. Recovery of penalties. Any person guilty of an offence against this Act shall be liable to a penalty of not more than four hundred dollars.

An offence against this Act may be prosecuted in a summary way under "The Justices Acts, 1886 to 1964," upon the complaint of any person authorised by the Minister.

Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.

6. Anzac Day Trust. (I) For the purposes of this Act a Trust is constituted under the name of " The Anzac Day Trust."

(2) The Trust shall be a body corporate with perpetual succession and a common seal, and shall be capable of suing and being sued in its corporate name, and of doing and permitting all acts and things required by this Act to be done by the Trust or which are necessary or convenient to be done by the Trust for the purpose of carrying out its functions under this Act.

(3) The Trust shall consist of four trustees (including the chairman) each of whom shall, subject to subsection ( 4) of this section, be appointed by the Governor in Council by notification published in the Gazette.

( 4) Of the four trustees-

( a) one shall be a person nominated by the Minister and he shall be the chairman;

(b) one shall be a person nominated by the Minister after consultation with the President of the Returned Sailors', Soldiers' and Airmen's Imperial League of Australia (Queensland Branch) from a panel of three names submitted to the Minister by such League;

(c) one shall be a person nominated by the Minister from a panel of three names submitted to the Minister by the representatives of Legacy Clubs in Queensland;

(d) one shall be a person nominated by the Minister from a panel of three names submitted to the Minister by those organisations or associations of ex-servicemen which are registered as charities under and within the meaning of " The Charitable Collections Act of 1952," or which are incorporated by letters patent under " The Religious Educational and Charitable Institutions Acts, 1861 to 1959."

(6)

ANZAC DAY ACT 1921-1981 s. 6 5 (5) Subject to subsection (7) of this section every trustee, including the chairman,-

(a) shall be eligible for re-appointment; and

(b) shall hold office for the term for which he is appointed or re-appointed but no such appointment or re-appointment shall be for a term exceeding three years.

(6) If at any time the League mentioned in paragraph (b) of subsection (4) of this section, or the representatives of Legacy Clubs, or the organisations or associations mentioned in paragraph (d) of subsection (4) of this section fails or fail, within thirty days after being thereunto called upon in writing by the Minister, to nominate a panel of three names for nomination therefrom by the Minister of a person for appointment as a trustee, the Minister may nominate for the appointment in question such person as he deems fit and such person may be appointed a trustee.

(7) The office of a trustee, including the chairman, shall become vacant if he-

( a) dies or becomes mentally sick;

(b) becomes bankrupt or compounds with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy;

(c) is absent without leave granted by the Trust from three consecutive ordinary meetings of the Trust of which due notice has been given to him;

(d) resigns his office by writing under his hand delivered to the Minister and the resignation is accepted by the Minister;

(e) is convicted of an indictable offence; or

(f) is removed from office by the Governor in Council for misbehaviour or incompetence by notification published in the Gazette :

Provided that the attendance of the chairman or any other member of the Trust at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the secretary shall enter in the minute book the name of the chairman or any other member who so attends.

(8) Three trustees, one of whom shall be the chairman, shall form a quorum.

(9) The Trust shall meet at such times and places and conduct its business in such manner as it may from time to time determine.

(10) When, by death, resignation or otherwise howsoever, a vacancy occurs in the office of a trustee, including the chairman, the Governor in Council may, subject to subsections (4) and (6) of this section, appoint by notification published in the Gazette, a person to be a Trustee (and, in the case of the chairman, the chairman) for the remainder of the term of his predecessor in the office in question.

(7)

6 ss. 7, 8 ANZAC DAY ACT 1921-1981

(II) The Minister may appoint an officer of the Department administered by him to be the secretary to the Trust, and such officer may hold such appointment in addition to the office he holds in the Department.

(12) The Trust may, in respect of the Fund, accept any gift (whether by will or inter vivos) of any property, of whatsoever kind and wheresoever situate, and whether in possession, reversion or remainder, and may sell and convert into money any property vested in it which does not consist of money.

(13) At least once in each year the Auditor-General shall audit the books and accounts of the Trust and shall have, with respect to such audit, books and accounts, all the powers and authorities conferred upon him by "The Audit Acts, 1874 to 1960," and shall report thereon.

7. Functions of the Trust. (1) Applications for payment from the Anzac Day Trust Fund of any sum for a purpose specified in subsection (3) of section eight of this Act shall be made to the Trust.

(2) The Trust shall consider every such application and having regard to the circumstances thereof, to the amount for the time being standing to the credit of the Fund and to all pending applications for payments from the Fund made to the Trust, may refuse the application or may determine that the sum applied for or a lesser sum be paid from the Fund.

8. The Anzac Day Trust Fund. (1) The Trust shall establish in a bank a trust fund called "The Anzac Day Trust Fund," in this Act referred to as " the Fund."

(2) There shall be paid into the Fund-

( a) in the financial year commenced on the first day of July, one thousand nine hundred and sixty-four, from the Consolidated Revenue Fund (which is hereby appropriated accordingly), a sum equal to one three-hundredth part of the aggregate of the annual fees paid for their respective licenses by licensed victuallers in respect of the financial year commenced on the first day of July, one thousand nine hundred and sixty-three;

(b) subject to appropriation by Parliament, from the Consolidated Revenue Fund in each financial year, beginning with the financial year to commence on the first day of July, one thousand nine h1c'1dred and sixty-five, a sum equal to one three-hundredth part of the aggregate of the annual fees paid for their respective licenses by licensed victuallers in respect of the next preceding financial year;

(8)

ANZAC DAY ACT 1921-1981 s. 8 7 (c) subject to appropriation by Parliament, from the Consolidated

Revenue Fund, the following amounts certified by the Commissioner of Stamp Duties to be-

(i) an amount equal to 5 per centum of the aggregate of investments made on totalisators operated at a racing venue and by the Totalisator Board on Anzac Day; and

(ii) an amount equal to 1·3 per centum of the aggregate of all bets made by a bookmaker at a racing venue on Anzac Day;

and

(d) by the Commissioner of Stamp Duties from the unpaid fractions account kept by him, an amount certified by him to be 0·7 per centum of the aggregate of all bets made by a bookmaker at a racing venue on Anzac Day;

(e) moneys contributed to the Fund by any person whomsoever.

In this subsection "Anzac Day " means, in respect of any year in which another day is appointed pursuant to "The Holidays Acts, 1912 to 1961," to be kept as a public holiday instead of Anzac Day, the day so appointed.

(3) The costs incurred by the Trust in respect of the exercise of its functions under this Act shall be paid out of the Fund and, subject to payment thereof, the moneys standing to the credit of the Fund shall be distributed in making payments approved by the Trust-

(a) for the purposes of-

(i) the preservation, alteration and improvement of homes;

(ii) the acquisition of land for the erection and construction thereon of homes;

(iii) the erection and construction of homes on land acquired for that purpose or otherwise held;

(iv) the acquisition of land and homes erected thereon,

for aged ex-servicemen and ex-servicewomen and their maintenance in such homes and of the welfare of widows and children of deceased ex-servicemen; and

(b) among institutions, organisations and associations the object, or one of the objects, of which is the financial assistance and relief, or the amelioration of conditions, of persons-

(i) who were members of the Naval, Military or Air Forces of Her Majesty or of the Commonwealth; or

(ii) now resident in the State who were members of any Naval, Military or Air Forces of any foreign power allied or associated with Her Majesty or with the Commonwealth, during any war in which Her Majesty or the Commonwealth was or is engaged, or during any warlike operations which the Trust considers to have had or have the general attributes of a war in which Her Majesty or the Commonwealth was or is engaged, or of the dependants of any such persons.

(9)

8 ss. 9, 10, Sch. ANZAC DAY ACI' 1921-1981

(4) Nothing in this section shall entitle, or be deemed to entitle any trustee to any remuneration, allowance or expenses in respect of th~

exercise by him of his functions and duties under this Act.

Inserted by Act of 1964, No. 70, s. 7; as amended by Act of 1971, No.9, s. 42 (1);

Act of 1973, No.6, s. 2; Act of 1976, No. 21, s. 2; Act of 1981, No. 19, s. 81.

9. (Repealed).

Repealed by Act of 1981, No. 19, s. 82.

10. Annual Report. The Trust shall prepare an annual report of its proceedings and operations during the preceding financial year which report shall be laid by the Minister before the Legislative Assembly as soon as practicable.

SCHEDULE [s. 3]

Substituted by Act of 1964, No. 70, s. 8; as amended by 0. in C. pubd. Industrial Gazette 14 March 1970, p. 572.

PART I (i) Chemists shops and Druggists shops.

(ii) Confectionery shops.

(iii) Cooked provision shops.

(iv) Fish shops.

(v) Fruit shops, vegetable shops, fruit and vegetable shops, flower shops or temperance beverage shops.

(iv) Restaurants, cafes and refreshment shops.

(vii) Tobacconists' shops.

(viii) Booksellers' shops, newsagents' shops and railway bookstalls.

(ix) Bread shops, cake shops and pastry shops.

(x) Undertakers' establishments.

(xi) Automatic coin operated pumps for supplying fuel for use as such for operating motor vehicles which by virtue of paragraph (xiv) of subsection (I) of section sixty of "The Factories and Shops Acts, 1960 to 1964," are exempted shops for the purposes of Part VIII of those Acts.

(xi) (a) Service Stations, for the purpose of the sale by retail of petrol, including motor spirit, motor fuel or substitutes therefor, motor oils, and motor vehicle parts and accessories and for the provision of all services ancillary thereto.

PART II

(xii) Printing, publishing and distributing newspapers.

( xiii) The manufacture, distribution or supply of gas or electric light or power or water supply.

(xiv) Any necessarily continuous process of manufacture or mining.

(xv) Essential services.

(xvi) Milk supply.

14919-By Authority: S. R. HAMPSON, Government Printer, Queensland

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INDEX

TO

ANZAC DAY ACT 1921-1981

Annual report of Trust to be prepared Anzac Day-

to be a national holiday . . . . what factories and shops to be closed on Anzac Day Trust-

books and accounts of, audit of constitution of

functions of ..

gifts, acceptance of by ..

secretary to, appointment of to be body corporate ..

to prepare annual report trustees of-

A

filling of vacancy in, Governor in Council to appoint ..

number of ..

one to be chairman quorum of ..

term of office of . . . . to be eligible for re-appointment vacation of office of ..

when Minister may nominate who to be

Anzac Day Trust Fund- disbursements from establishment of ..

payments into

Athletic entertainment, place for- time when may be open on Anzac Day

Bookmaker-

B

to have meaning assigned to it by Racing and Betting Act ..

Boxing, place for-

time when may be open on Anzac Day

c

Cinematograph exhibition, place for- time when may be open on Anzac Day Circus-

D

Dancing hall-

time when may be open on Anzac Day 14919-B

s. 10 2 3 6 (13) 6(1) 7 6 oi)

6 (11) 6 (2) 10

6 (10) 6 (3) 6 (4) 6 (8) 6 (5) 6 (5) 6 (7) 6 (6) 6 (4) 8 (3) 8 (1) 8 (2) 4

2A 4

4 4

4

Page

8 1 2 6 4 6 6 6 4 8 5 4 4 5 5 5 5 5 4 7 6 6

2

3

(11)

10 INDEX

E

Employee-

employed in safeguarding factory or shop, section 3 relating to being given holiday on Anzac Day not to apply to Employee-

when to be granted holiday on Anzac Day

Factory-

when to be closed on Anzac Day exemptions ..

Governor in Council- may amend Schedule to Act Greyhound meeting-

F

G

L

Licensed premises-

section 3 relating to closure on Anzac Day not to apply to ..

M

Meaning of terms- Minister

racing venue, race meeting, trotting meeting, gr.eYhou~d meeting, bookmaker, Totalisator Board, totalisator to have meanings assigned to them in Racing and Betting Act

Minister-

meaning of term ..

Music-hall-

0

Order in Council-

Governor in Council may make to amend Schedule to Act- disallowance of by Legislative Assembly

laying of before Legislative Assembly

Penalty- general recovery of

Place of public entertainment-

time when may be open on Anzac Day Public amusement-

p

place of, section 3 relating to closure on Anzac Day not to apply to

s. 3

3

3 ..

3, Sch.

3 (5) 2A ..

2A 2A

2A 4

3 (5) 3 (5) (b) 3 (5) (b)

5 5

4 3

Page

2

2 2, 8

3 2

2

2 2

2 3

3 3 3

4 4 3 2

(12)

INDEX

R

Race meeting-

Racing venue-

Section 3 relating to closure on Anzac Day not to apply to to have meaning assigned to it by Racing and Betting Act ..

Schedule to Act-

s

may be amended by Governor in Council by Order in Council Shop-

when to be closed on Anzac Day exemptions . . . . . . Small shop-

when to be closed on Anzac Day Short title

T

Theatre-

time when may be open on Anzac Day Totalisator-

Totalisator Board-

office or agency of, section 3 relating to closure on Anzac Day not to apply to

Trotting meeting-

s. 2A 3 2A

3 (5) s. 3 ..

3, Sch.

3

4 2A

2A

14919-By Authority: S. R. HAMPSON, Government Printer, Queensland Page

11

2 2 2

3 2 2, 8 2

3 2 2 2 2