South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 82
As laid on the table and read a first time,
ANZAC
Day Commemoration Bill 2005
A Bill For
An Act to continue and enhance the commemoration of ANZAC
Day as a day of national significance; to make a related amendment to the Lottery
and Gaming Act 1936; and for other purposes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Object of Act
Part 2—ANZAC Day Commemoration
Council
5 Establishment of Council
6 Membership of Council
7 Terms and conditions of membership
8 Presiding member
9 Vacancies or defects in appointment
of members
10 Remuneration
11 Functions of Council
12 Council's procedures
13 Staff
14 Annual report
Part 3—ANZAC Day Commemoration
Fund
15 Establishment of Fund
16 Application of Fund
17 Accounts and audit
Part 4—Regulation of public
sports and entertainment on ANZAC Day
18 Restriction on public sports and
entertainment before 12 noon on ANZAC Day
19 Two up on ANZAC Day
Part 5—Miscellaneous
20 False or misleading statement
Schedule 1—Related amendment
1 Amendment of Lottery and Gaming
Act 1936
Schedule 2—Further provisions relating to
Council
1 Duty of members of Council with
respect to conflict of interest
2 Protection from personal liability
3 Expiry of
Schedule
The Parliament of South Australia enacts
as follows:
This Act may be cited as the ANZAC Day Commemoration Act 2005.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, unless the contrary intention
appears—
ANZAC Day means 25 April in any year;
Council means the ANZAC Day Commemoration Council;
Fund means the ANZAC Day Commemoration Fund;
RSL
means The Returned & Services League of Australia (S.A. Branch)
Incorporated;
veteran means a person who has served in the
defence forces of
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.
Part 2—ANZAC Day Commemoration Council
(1) The
ANZAC Day Commemoration Council is established.
(2) The Council—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) is capable of suing and being sued in its
corporate name; and
(d) has all the powers of a natural person that are capable of
being exercised by a body corporate; and
(e) has the functions and powers assigned or conferred by or
under this Act.
(3) If
a document appears to bear the common seal of the Council, it will be presumed,
in the absence of proof to the contrary, that the common seal of the Council
was duly affixed to the document.
(1) The
Council consists of 9 members appointed by the Governor on the nomination of
the Premier made after consultation with the RSL.
(2) The
Premier must, as far as practicable, nominate equal numbers of men and women
for appointment to the Council.
7—Terms and conditions of membership
(1) A
member of the Council will be appointed on conditions determined by the
Governor and for a term, not exceeding 3 years, specified in the instrument of
appointment and, at the expiration of a term of appointment, is eligible for
reappointment.
(2) The
Governor may appoint a suitable person to be the deputy of a member of the
Council and the deputy may act as a member of the Council during any period of
absence of the member.
(3) The Governor may remove a member of the
Council from office—
(a) for breach of, or non-compliance with, a condition of
appointment; or
(b) for misconduct; or
(c) for failure or incapacity to carry out official duties
satisfactorily.
(4) The office of a member of the Council
becomes vacant if the member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Premier; or
(d) is removed from office under subsection (3).
(5) If
a casual vacancy occurs in the office of a member, the Governor may appoint a
suitable person to fill the vacancy, and that person will hold office for the
balance of the term of his or her predecessor.
8—Presiding member
The Premier must appoint a member of the Council (the presiding
member) to preside at meetings of the Council.
9—Vacancies or defects in appointment of members
An act or proceeding of the Council is not invalid by reason only
of a vacancy in its membership or a defect in the appointment of a member.
A member of the Council is entitled to remuneration, allowances
and expenses determined by the Governor.
The Council has the following functions:
(a) to keep and administer the Fund established by this Act;
(b) to carry out such other functions as may be assigned to the
Council by the Premier.
(1) Subject
to this Act, 5 members constitute a quorum of the Council.
(2) A
meeting of the Council will be chaired by the presiding member or, in his or
her absence, the members present at a meeting of the
Council must choose 1 of their number to preside at the meeting.
(3) A
decision carried by a majority of the votes cast by members of the Council at a
meeting is a decision of the Council.
(4) Each
member present at a meeting of the Council has 1 vote on any question arising
for decision and the member presiding at the meeting may exercise a casting
vote if the votes are equal.
(5) A conference by telephone or other
electronic means between the members of the Council will, for the purposes of
this section, be taken to be a meeting of the Council at which the
participating members are present if—
(a) notice of the conference is given to all members in the
manner determined by the Council for the purpose; and
(b) each participating member is capable of communicating with
every other participating member during the conference.
(6) A proposed resolution of the Council
becomes a valid decision of the Council despite the fact that it is not voted on
at a meeting of the Council if—
(a) notice of the proposed resolution is given to all members of
the Council in accordance with procedures determined by the Council; and
(b) a majority of the members express concurrence in the
proposed resolution by letter, telegram, telex, facsimile transmission,
electronic mail or other written communication setting out the terms of the
resolution.
(7) The
Council must have accurate minutes kept of its meetings.
(8) Subject
to this Act, the Council may determine its own procedures.
(1) The
Council may, in the performance of its functions under this Act, be assisted by
employees in the Public Service who are assigned to the staff of the Council by
the Premier.
(2) The
Council may, by agreement with the Minister responsible for an administrative
unit of the Public Service, make use of the services of the staff, equipment or
facilities of that administrative unit.
(1) The
Council must, on or before 30 September in each year, prepare and submit to the
Premier a report on the operations of the Council during the preceding
financial year.
(2) The
report must incorporate the audited accounts of the Fund for the relevant
financial year.
(3) The
Premier must, within 12 sitting days after receiving a report under this
section, cause a copy of the report to be laid before both Houses of
Parliament.
Part 3—ANZAC Day Commemoration Fund
(1) The
ANZAC Day Commemoration Fund is established.
(2) The Fund consists of—
(a) any money provided by Parliament for the purposes of the
Fund; and
(b) any grants, gifts and bequests made to the Council for
payment into the Fund; and
(c) any money that is required or authorised by law to be paid into
the Fund; and
(d) any income from investment of money belonging to the Fund.
(3) The
Council 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.
(1) The Fund may be applied by the Council for
any of the following purposes:
(a) payments to any organisation for the purpose of educating
the community about the significance of ANZAC Day;
(b) payments for aged veterans to maintain, alter and improve
their homes;
(c) payments to maintain and care for aged veterans in homes;
(d) payments for the welfare of spouses and children of deceased
veterans;
(e) payments to any organisation established for the purpose of
helping or supporting, or having a membership consisting or including, veterans
or the spouses, children or other dependants of veterans;
(f) payments to any organisation for the purpose of conducting
commemoration services on ANZAC day;
(g) payment of the expenses of administering the Fund.
(2) The
Council must consider applications made to the Council for payments out of the
Fund under subsection (1).
(3) A person making an application for payment
of money out of the Fund must—
(a) provide the Council with specified information to enable the
Council to determine the application; and
(b) verify, by statutory declaration, information furnished for
the purposes of the application.
(1) The
Council must keep proper accounts of receipts and payments in relation to the
Fund.
(2) The
Auditor-General may at any time, and must at least once in each year, audit the
accounts of the Fund.
Part 4—Regulation of public sports and entertainment on
ANZAC Day
18—Restriction on public sports and entertainment before 12 noon on ANZAC Day
(1) Despite
any other Act or law, the holding of a public sporting or entertainment event
between the hours of
(2) 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.
(3) The
Premier 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.
(4) However, before granting an authorisation
under subsection (1), the Premier must—
(a) cause a copy of the application and supporting affidavit to
be given to the RSL; and
(b) have regard to any comments made by the RSL in relation to
the application received on or before the date specified by the Premier for
receipt of such comments.
(5) An applicant for an authorisation under
subsection (1) must—
(a) provide the Premier with specified information to enable the
Premier to determine the application; and
(b) verify, by statutory declaration, information furnished for
the purposes of the application.
(6) An
authorisation under subsection (1) may be made subject to such conditions
as the Premier thinks fit and specifies in the instrument of authorisation.
(7) 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.
(8) If
a body corporate is guilty of an offence against this section, each member of
the governing body and the manager of the body corporate are guilty of an
offence and liable to the same penalty as may be imposed for the principal
offence, unless it is proved that the person could not, by the exercise of
reasonable care, have prevented the commission of the offence by the body
corporate.
(9) In this section—
public sporting or entertainment event means a sporting or entertainment event
or activity to which tickets for admission (or similar devices)—
(a) are made available for purchase by a member of the public
prior to the holding of the event or activity; and
(b) are required for entry to the event or activity.
19—Two up on ANZAC Day
(1) Despite the Lottery and Gaming
Act 1936, but subject to this section—
(a) 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
(b) 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
(c) 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.
(2) Subsection (1) does not apply if—
(a) 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
(b) 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.
(3) This
section does not affect any offence relating to betting by or with a person
under the age of 18 years.
(4) In this section—
bet has the same meaning as in the Lottery
and Gaming Act 1936.
20—False or misleading statement
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.
Schedule 2—Further provisions relating to Council
1—Duty of members of Council with respect to conflict of interest
(1) A member of the Council who has a direct or
indirect personal or pecuniary interest in a matter decided or under
consideration by the Council—
(a) must, as soon as reasonably practicable, disclose in writing
to the Council full and accurate details of the interest; and
(b) must not take part in any discussion by the Council relating
to that matter; and
(c) must not vote in relation to that matter; and
(d) must be absent
from the meeting room when any such discussion or voting is taking place.
Maximum penalty: $20 000.
(2) If a member of the Council makes a
disclosure of interest and complies with the other requirements of
subclause (1) in respect of a proposed contract—
(a) the contract is not liable to be avoided by the Council; and
(b) the member is not liable to account to the Council for
profits derived from the contract.
(3) If
a member of the Council fails to make a disclosure of interest or fails to
comply with any other requirement of subclause (1) in respect of a
proposed contract, the contract is liable to be avoided by the Council or the
Minister.
(4) A
contract may not be avoided under subclause (3) if a person has acquired
an interest in property the subject of the contract in good faith for valuable
consideration and without notice of the contravention.
(5) Where a member of the Council has or
acquires a personal or pecuniary interest, or is or becomes the holder of an
office, such that it is reasonably foreseeable that a conflict might arise with
his or her duties as a member of the Council, the member must, as soon as
reasonably practicable, disclose in writing to the Council full and accurate
details of the interest or office.
Maximum penalty: $20 000.
(6) A
disclosure under this clause must be recorded in the minutes of the Council and
reported to the Minister.
(7) If,
in the opinion of the Minister, a particular interest or office of a member of
the Council is of such significance that the holding of the interest or office
is not consistent with the proper discharge of the duties of the member, the
Minister may require the member either to divest himself or herself of the
interest or office or to resign from the Council (and non-compliance with the
requirement constitutes misconduct and hence a ground for removal of the member
from the Council).
(8) Without
limiting the effect of this clause, a member of the Council will be taken to
have an interest in a matter for the purposes of this clause if an associate of
the member has an interest in the matter.
(9) This
clause does not apply in relation to a matter in which a member of the Council
has an interest while the member remains unaware that he or she has an interest
in the matter, but in any proceedings against the member the burden will lie on
the member to prove that he or she was not, at the material time, aware of his
or her interest.
(10) In this clause—
associate has the same meaning as in the Public
Corporations Act 1993.
2—Protection from personal liability
(1) No personal liability is incurred for an
act or omission by—
(a) a member of the Council; or
(b) a member of the staff of the Council,
in good faith in the performance or purported performance of
a power, function or duty under this Act.
(2) A
civil liability that would, but for subclause (1), lie against a person,
lies instead against the Crown.
This Schedule will expire on the commencement of section 6H of the Public Sector Management Act 1995 (as inserted by the Statutes Amendment (Honesty and Accountability in Government) Act 2003), or if that section has come into operation before the commencement of this Schedule, will be taken not to have been enacted.