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This is a Bill, not an Act. For current law, see the Acts databases.


ANZAC DAY AMENDMENT BILL 2015

                   Western Australia


      Anzac Day Amendment Bill 2015

                       Contents

1.     Short title                      2
2.     Commencement                     2
3.     Act amended                      2
4.     Section 3 amended                2
5.     Section 4 amended                4
6.     Section 5 amended                4
7.     Section 6 amended                6
8.     Section 7 amended                7
9.     Section 10 amended               8
10.    Section 11 amended               9
11.    Section 13 amended               9
12.    Section 14 amended              10
13.    Section 16 amended              10
14.    Section 17 amended              10




                        158--2          page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)

           Anzac Day Amendment Bill 2015

                               A Bill for


An Act to amend the Anzac Day Act 1960.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Anzac Day Amendment Bill 2015



     s. 1




1    1.         Short title
2               This is the Anzac Day Amendment Act 2015.

3    2.         Commencement
4               This Act comes into operation as follows --
5                (a) sections 1 and 2 -- on the day on which this Act
6                      receives the Royal Assent;
7                (b) the rest of the Act -- on a day fixed by proclamation,
8                      and different days may be fixed for different provisions.

9    3.         Act amended
10              This Act amends the Anzac Day Act 1960.

11   4.         Section 3 amended
12        (1)   In section 3 delete the definitions of:
13              dependant
14              sports
15        (2)   In section 3 insert in alphabetical order:
16

17                    ex-service organisation means a body, whether
18                    incorporated or not, which has as its object, or one of
19                    its principal objects, the assistance of ex-service
20                    personnel;
21                    ex-service personnel means any of the following --
22                       (a) members and former members of the Australian
23                             Defence Force;
24                      (b) persons who are now resident in the State who
25                             were previously members of a naval, military
26                             or air force of any other nation of which Her
27                             Majesty is the Sovereign;



     page 2
                                            Anzac Day Amendment Bill 2015



                                                                         s. 4



1                 (c)    persons who are now resident in the State who
2                        were previously members of a naval, military
3                        or air force of any other nation allied or
4                        associated with Australia;
5                large race event means a race meeting --
6                  (a) for which admission tickets are sold; and
7                  (b) that is attended by at least 5 000 persons;
8                prescribed admission ticket, in relation to an event,
9                means an admission ticket of a type prescribed by the
10               regulations for that type of event;
11               professional sport means competitive sport engaged in
12               by paid participants;
13               professional sport event means a sport event --
14                 (a) at which a professional sport is played or
15                       conducted; and
16                 (b) for which admission tickets are sold; and
17                 (c) that is attended by at least 5 000 persons;
18               sport event means an event at which competitive sport
19               is played or conducted and for which either a fee for
20               admission is required to be paid by spectators or
21               donations are sought from spectators, but does not
22               include a race meeting;
23

24   (3)   In section 3 in the definition of Trustee delete "chairman." and
25         insert:
26

27         chairperson.
28




                                                                     page 3
     Anzac Day Amendment Bill 2015



     s. 5



1    5.         Section 4 amended
2         (1)   In section 4(4) delete "offence and is liable to a penalty not
3               exceeding $400." and insert:
4

5               offence.
6

7         (2)   At the end of section 4(4) insert:
8

9                       Penalty for this subsection: a fine of $5 000.
10

11   6.         Section 5 amended
12        (1)   In section 5(1):
13                (a) delete "race meeting" and insert:
14

15                       large race event
16

17               (b)     delete "shall within one month after that race meeting is
18                       held or conducted -- " and insert:
19

20                       must within 90 days after the event --
21

22                (c)    delete paragraph (a) and insert:
23

24                        (a)   give to the Trust a written document that
25                              specifies the number of persons who attended
26                              the event and the price of a prescribed
27                              admission ticket for the event; and
28                      (ba)    include in the document a statutory
29                              declaration --
30                                (i) that is made by the person or by the
31                                      secretary or treasurer of the racing club;
32                                      and

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                                                Anzac Day Amendment Bill 2015



                                                                             s. 6



1                           (ii)   that verifies the information in the
2                                  document;
3                          and
4

5    (2)   In section 5(2):
6            (a) delete "race meeting" and insert:
7

8                    large race event
9

10           (b)     delete "furnish the return" and insert:
11

12                   give the document
13

14           (c)     delete "net proceeds derived from the race meeting in
15                   accordance with" and insert:
16

17                   amount required by
18

19           (d)     delete "offence and is liable to a penalty not exceeding
20                   $400." and insert:
21

22                   offence.
23

24   (3)   At the end of section 5(2) insert:
25

26                 Penalty for this subsection: a fine of $5 000.
27

28   (4)   Delete section 5(4).
29         Note: The heading to amended section 5 is to read:

30                 Large race events on Anzac Day




                                                                          page 5
     Anzac Day Amendment Bill 2015



     s. 7



1    7.         Section 6 amended
2         (1)   In section 6(1) delete "sports" and insert:
3

4               sport event
5

6         (2)   In section 6(2) delete "race, match, game, exercise, pastime,
7               contest or other event at any sports" and insert:
8

9               sport event
10

11        (3)   Delete section 6(3).
12        (4)   In section 6(4):
13                (a) delete "any sports are" and insert:
14

15                        a sport event is
16

17                (b)     delete "those sports were so" and insert:
18

19                        the event was
20

21                (c)     delete "offence and is liable to a penalty not exceeding
22                        $400." and insert:
23

24                        offence.
25

26        (5)   At the end of section 6(4) insert:
27

28                      Penalty for this subsection: a fine of $5 000.
29

30              Note: The heading to amended section 6 is to read:

31                      Sport events on Anzac Day


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                                                 Anzac Day Amendment Bill 2015



                                                                              s. 8



1    8.         Section 7 amended
2         (1)   In section 7(1):
3                 (a) delete "any sports are" and insert:
4

5                       a professional sport event is
6

7                (b)    delete "shall within one month after the holding of the
8                       sports --" and insert:
9

10                      must within 90 days after the event --
11

12               (c)    delete paragraph (a) and insert:
13

14                      (a)   give to the Trust a written document that
15                            specifies the number of persons who attended
16                            the event and the price of a prescribed
17                            admission ticket for the event; and
18                     (ba)   include in the document a statutory
19                            declaration --
20                               (i) that is made by the person or by the
21                                    secretary or treasurer of the club,
22                                    association or body; and
23                              (ii) that verifies the information in the
24                                    document;
25                            and
26

27        (2)   In section 7(2):
28                (a) delete "sports are" and insert:
29

30                      a professional sport event is
31




                                                                           page 7
     Anzac Day Amendment Bill 2015



     s. 9



1                 (b)     delete "furnish the return" and insert:
2

3                         give the document
4

5                 (c)     delete "net proceeds derived from the holding of those
6                         sports in accordance with" and insert:
7

8                         amount required by
9

10                (d)     delete "and is liable to a penalty not exceeding $400,".
11        (3)   At the end of section 7(2) insert:
12

13                      Penalty for this subsection: a fine of $5 000.
14

15        (4)   Delete section 7(3).
16              Note: The heading to amended section 7 is to read:

17                      Professional sport events on Anzac Day

18   9.         Section 10 amended
19              Delete section 10(3) and insert:
20

21              (3)     The money standing to the credit of the Account --
22                       (a) may be applied in payment of the costs of the
23                            administration of this Act; and
24                       (b) may, with the approval of the Minister, be
25                            applied by the Trust for any purpose that
26                            benefits ex-service personnel or their families.
27




     page 8
                                                  Anzac Day Amendment Bill 2015



                                                                                 s. 10



1    10.         Section 11 amended
2          (1)   Delete section 11(2) to (5C) and insert:
3

4                (2)   The Trust consists of 4 Trustees appointed by the
5                      Minister.
6                (3)   The Minister must designate a Trustee to be the
7                      chairperson of the Trust.
8                (4)   A Trustee may be designated as the chairperson at the
9                      same time as the person is appointed as a Trustee or at
10                     any time after the person is appointed as a Trustee.
11               (5)   A person who is a member or employee of an
12                     ex-service organisation is not eligible to be appointed
13                     as a Trustee.
14

15         (2)   After section 11(6) insert:
16

17               (7)   A person who holds office as a Trustee immediately
18                     before the commencement of the Anzac Day
19                     Amendment Act 2015 section 10 ceases to be a Trustee
20                     on that commencement.
21


22   11.         Section 13 amended
23               In section 13(d) delete "Governor" and insert:
24

25               Minister
26




                                                                            page 9
     Anzac Day Amendment Bill 2015



     s. 12



1    12.       Section 14 amended
2              In section 14 delete "Governor" (each occurrence) and insert:
3

4              Minister
5


6    13.       Section 16 amended
7              In section 16 delete "chairman." and insert:
8

9              chairperson.
10


11   14.       Section 17 amended
12             In section 17(2) delete "$100" and insert:
13

14             a fine of $1 000
15


16




 


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