2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Steve Pratt)

2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Steve Pratt)

An Act to preserve the dignity and solemnity of the commemoration of Anzac Day

1 On 25 April 1915 the Australian and New Zealand Army Corps began landing on the Gallipoli peninsula in the first major military action following the federation of Australia.

2 A national day of commemoration known as Anzac Day is observed on the anniversary of the first Gallipoli peninsula landing, on 25 April each year.

3 The commemoration of Anzac Day recognises the bravery and determination shown by the Australian and New Zealand Army Corps, and all members of the Australian Defence Force who have been involved in wars and armed conflict in the service of Australia.

The Legislative Assembly for the Australian Capital Territory therefore enacts as follows:

This Act is the Anzac Day Act 2008.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

The object of this Act is to preserve the dignity and solemnity of the commemoration of Anzac Day.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘restricted activity—see section 7.’ means that the term ‘restricted activity’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

In this Act:

restricted activity means—

(a) a sporting event, if spectators must pay an admission fee or charge, or make a donation, to attend the event; or

(b) a concert or other performance; or

(c) a fair or festival; or

(d) anything else prescribed by regulation.

(1) A person commits an offence if the person—

(a) conducts a restricted activity; and

(b) conducts the activity—

(i) in a public place; and

(ii) between 3 am and 1 pm on Anzac Day.

Maximum penalty: 100 penalty units.

(2) This section does not apply to a person conducting a restricted activity if—

(a) the Minister has granted the person a permit, under section 9, to conduct the activity; and

(b) the person conducts the activity in accordance with the permit.

(1) A person may apply to the Minister for a permit to conduct a restricted activity in a public place between 3 am and 1 pm on Anzac Day.

(2) The Minister may grant a permit under this section only if satisfied that the activity—

(a) is a genuine commemoration of Anzac Day; or

(b) would not detract from, or adversely affect, the commemoration of Anzac Day.

(3) A permit must state the following:

(a) the name of the person who is permitted to conduct the restricted activity;

(b) the activity permitted;

(c) the time when the activity is permitted;

(d) the expiry date of the permit.

(4) A permit may be conditional.

Note Power given by a law to make a decision includes power to reverse or change the decision. The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act, s 180).

Each of the following decisions of the Minister is a reviewable decision:

(a) refusing to grant a permit under section 9;

(b) granting a permit subject to a condition under section 9.

A person may apply to the AAT for review of a reviewable decision.

(1) If the Minister makes a reviewable decision, the Minister must give written notice of the decision to each person affected by the decision.

(2) The notice must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

(1) The Minister may determine fees for this Act.

Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

(2) A determination is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(1) The Minister may approve forms for this Act.

(2) If the Minister approves a form for a particular purpose, the approved form must be used for the purpose.

Note For other provisions about forms, see the Legislation Act, s 255.

(3) An approved form is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

The Executive may make regulations for this Act.

Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

• ACT

• disallowable instrument (see s 9)

• may (see s 146)

• Minister (see s 162)

• must (see s 146)

• notifiable instrument (see s 10)

• penalty unit (see s 133).

Anzac Day means 25 April in any year.

public place means a place which is open to members of the public (with or without payment).

restricted activity—see section 7.

reviewable decision—see section 10.

Presentation speech made in the Legislative Assembly on 2008.

Notified under the Legislation Act on 2008.

For the latest republication of amended laws, see www.legislation.act.gov.au.