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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
ANZAC DAY BILL 1994
Queensland
ANZAC DAY BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 2--COMMEMORATION OF ANZAC DAY
3 Anzac Day to be commemorated etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 3--ANZAC DAY TRUST
Division 1--Continuation, functions and powers of Trust
4 Continuation of Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Trust is a body corporate etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Status of Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Trust's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 The Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Payments by Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Trust's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Investments by Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Gifts to Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2--Anzac Day Trust Fund
13 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14 Words and expressions used in Racing and Betting Act 1980 and
this Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15 Payments to Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 3--Board of trustees
16 The Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
17 Role of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Anzac Day
18 Composition of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
19 Secretary to the Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 4--Provisions about trustees
20 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
21 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
22 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
23 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
24 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 5--Business of Board
25 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
26 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
27 Disclosure of interests by trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 6--General
28 The Trust's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
29 Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
30 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 4--MISCELLANEOUS
31 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 5--REPEAL OF ANZAC DAY ACT 1921
32 Repeal of Anzac Day Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 6--MINOR AMENDMENTS
33 Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 15
MINOR AMENDMENTS
HOLIDAYS ACT 1983 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
RACING AND BETTING ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
TRADING (ALLOWABLE HOURS) ACT 1990 . . . . . . . . . . . . . . . . . . . . . 17
1994
A BILL
FOR
An Act to continue Anzac Day as a day of commemoration, and for
other purposes
4
Anzac Day
Parliament's reasons for enacting this Act are-- 1
1. On 25 April 1915, troops of the Australian and New Zealand Army 2
Corps landed on the shores of Gallipoli and, although confronted by 3
overwhelming circumstances, fought courageously and defiantly. 4
2. This Act commemorates the bravery shown by those troops and of all 5
members of the Australian Defence Force who have been involved in wars 6
and armed conflicts for their country. 7
8
s1 5 s2
Anzac Day
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Anzac Day Act 1994. 4
5
Definitions
2. In this Act-- 6
"Board" means the Board of Trustees.1 7
"Fund" means the Anzac Day Trust Fund.2 8
"home" means a place where accommodation, daily meals or nursing care 9
are provided (including associated maintenance and administration 10
facilities and services). 11
"Trust" means the Anzac Day Trust.3 12
1 See section 16.
2 See section 8.
3 See section 4.
s3 6 s5
Anzac Day
ART 2--COMMEMORATION OF ANZAC DAY 1
P
Day to be commemorated etc. 2
Anzac
3. Anzac Day is to be commemorated on 25 April each year and is a 3
holiday throughout Queensland.4 4
ART 3--ANZAC DAY TRUST 5
P
Division 1--Continuation, functions and powers of Trust 6
of Trust 7
Continuation
4. The trust established under the Anzac Day Act 1921 is continued in 8
existence under the name the Anzac Day Trust. 9
is a body corporate etc. 10
Trust
5.(1) The Trust-- 11
(a) is a body corporate; and 12
(b) has a seal; and 13
(c) may sue and be sued in its corporate name. 14
(2) The Trust is a statutory body under the following Acts-- 15
· Financial Administration and Audit Act 1977 16
· Statutory Bodies Financial Arrangements Act 1982. 17
4 Part 6 of the Trading (Allowable Hours) Act 1990 requires the closing of factories
and most shops, prohibits the selling of real estate, and generally requires places
of public amusement not to open before 1.30 p.m. on Anzac Day.
s6 7 s9
Anzac Day
of Trust 1
Status
6.(1) The Trust does not represent the State. 2
(2) The Trust is an exempt public authority under the Corporations Law. 3
functions 4
Trust's
7. The Trust's function is to administer the Fund, and perform any other 5
functions given to it under this or another Act. 6
he Fund 7
T
8. There is a fund called the Anzac Day Trust Fund. 8
by Trust 9
Payments
9.(1) The Trust must consider applications made to the Trust for 10
payments out of the Fund under subsection (2). 11
(2) The Trust may make payments for the following purposes-- 12
(a) for aged persons who served Australia in its defence forces-- 13
(i) to maintain, alter and improve homes; or 14
(ii) to acquire land on which to erect or build homes; or 15
(iii) to erect and build homes on land acquired for the purpose or 16
otherwise held by the Trust; or 17
(iv) to acquire homes; or 18
(v) to maintain and care for them in homes; 19
(b) the welfare of spouses and children of deceased persons who 20
served Australia in its defence forces; 21
(c) to institutions, organisations or associations that give help, relief 22
or support to-- 23
(i) persons who served Australia in its defence forces in time of 24
war or armed conflict; or 25
(ii) anyone now a Queensland resident who served in the 26
defence forces of a country or power allied or associated 27
s 10 8 s 12
Anzac Day
with Australia-- 1
(A) in a war in which Australia was involved; or 2
(B) in a conflict, which the Trust considers to have the 3
attributes of a war in which Australia was or is 4
involved; or 5
(iii) a dependant of a person mentioned in paragraph (i) or (ii). 6
(3) However, payments out of the Fund under subsection (2) may only 7
be made after the costs incurred by the Trust in administering the Fund are 8
paid out of the Fund. 9
powers 10
Trust's
10.(1) The Trust may do all things necessary or convenient to be done 11
for, or in connection with, performing its functions. 12
(2) Without limiting subsection (1), the Trust has the powers conferred 13
on it under this or another Act. 14
by Trust 15
Investments
11.(1) The Trust may invest amounts in the Fund that are not 16
immediately needed for the Trust's purposes-- 17
(a) in securities issued or guaranteed by the Commonwealth or a 18
State; or 19
(b) with a financial institution or in securities issued or guaranteed by 20
a financial institution; or 21
(c) in other securities, investments or other financial arrangements 22
approved by the Governor in Council. 23
(2) However, an investment may be made for more than 1 year only if 24
the Treasurer has approved the investment. 25
to Trust 26
Gifts
12.(1) The Trust may accept a gift of property regardless of how it is 27
held. 28
s 13 9 s 15
Anzac Day
(2) The Trust may sell property not in the form of money. 1
(3) A payment under this Act, a gift of money, or the proceeds of the 2
sale of property, received by the Trust must be paid into the Fund. 3
2--Anzac Day Trust Fund 4
Division
5
Definition
13. In this Division-- 6
"Anzac Day" means 25 April or, for a year in which another day is 7
substituted under the Holidays Act 1983 as a public holiday instead of 8
25 April, the substituted day. 9
and expressions used in Racing and Betting Act 1980 and this 10
Words
Division 11
14. Words and expressions used in the Racing and Betting Act 1980 12
have the same respective meanings in this Division. 13
ayments to Fund 14
P
15.(1) There must be paid to the Trust for each Anzac Day-- 15
(a) 0.0034% of the total amount of annual fees paid for general 16
licences under the Liquor Act 1992 in the previous financial year; 17
and 18
(b) the total totalisator tax payable on amounts paid into a totalisator 19
on Anzac Day; and 20
(c) the total bookmaker's turnover tax payable on bets made at 21
meetings held on Anzac Day; and 22
(d) 0.7% of the total of all bets made by bookmakers at racing venues 23
on Anzac Day. 24
(2) Amounts mentioned in subsection (1)(a) to (c) are to be paid out of 25
amounts appropriated by Parliament. 26
(3) The amount mentioned in subsection (1)(d) is to be paid by the 27
Commissioner of Stamp Duties from the unpaid fractions account kept by 28
the Commissioner. 29
s 16 10 s 20
Anzac Day
Division 3--Board of trustees 1
Board 2
The
16. There is a board of trustees of the Trust. 3
of Board 4
Role
17. It is the role of the Board-- 5
(a) to decide the objectives, strategies and policies to be followed by 6
the Trust; and 7
(b) to ensure the Trust performs its functions in a proper, effective 8
and efficient way. 9
of Board 10
Composition
18. The Board consists of a chairperson and 3 other trustees. 11
to the Trust 12
Secretary
19. The Minister may appoint an officer of the department to be the 13
secretary to the Trust, and the officer may hold the appointment as well as 14
the position the officer holds in the department. 15
Division 4--Provisions about trustees 16
17
Appointment
20.(1) The trustees are to be appointed by the Governor in Council. 18
(2) The trustees (other than the chairperson) are to be chosen in the 19
following ways-- 20
(a) 1 must be a person chosen, after consultation by the Minister with 21
the President of the Returned & Services League of Australia 22
(Queensland Branch), from a panel of 3 names given to the 23
Minister by the League; 24
s 21 11 s 24
Anzac Day
(b) 1 must be a person chosen from a panel of 3 names given to the 1
Minister by the representatives of Legacy Clubs in Queensland; 2
(c) 1 must be a person chosen from a panel of 3 names given to the 3
Minister by the organisations or associations of ex-servicemen or 4
ex-servicewomen registered as charities under the Collections 5
Act 1966 or that are incorporated under the Associations 6
Incorporation Act 1981. 7
(3) If the League, representatives or organisations and associations 8
mentioned in subsection (2)(a), (b) or (c) fail to nominate a panel of 9
3 names for the appointment of a trustee within 30 days after being asked 10
by the Minister, the Governor in Council may appoint a person as trustee. 11
of appointment 12
Term
21. A trustee must be appointed for a term of not longer than 3 years. 13
of appointment 14
Terms
22.(1) A trustee holds office on the terms decided by the Governor in 15
Council. 16
(2) However, a trustee is not entitled to fees, allowances or expenses. 17
18
Resignation
23. A trustee may resign by signed notice of resignation given to the 19
Minister. 20
of appointment 21
Termination
24. The Governor in Council may terminate the appointment of a trustee 22
if-- 23
(a) the trustee is convicted of an indictable offence; or 24
(b) the trustee cannot perform the functions of office because of 25
physical or mental incapacity; or 26
(c) the trustee engages in misconduct or is incompetent; or 27
s 25 12 s 27
Anzac Day
(d) the trustee is absent from 3 consecutive ordinary meetings of the 1
Trust without the Trust's leave and without reasonable excuse; or 2
(e) the trustee contravenes this Act without reasonable excuse. 3
5--Business of Board 4
Division
uorum 5
Q
25. At a meeting of the Board, 3 trustees form a quorum. 6
onduct of business 7
C
26. The Board may conduct its business (including its meetings) in the 8
way it considers appropriate. 9
of interests by trustees 10
Disclosure
27.(1) If-- 11
(a) a trustee has a direct or indirect financial interest in an issue being 12
considered, or about to be considered, by the Board; and 13
(b) the interest could conflict with the proper performance of the 14
trustee's duties in considering the issue; 15
the trustee must disclose the nature of the interest at a meeting of the Board 16
as soon as practicable after the trustee becomes aware of the possible 17
conflict of interest. 18
(2) The disclosure must be recorded in the Board's minutes and, unless 19
the Board otherwise decides, the trustee must not-- 20
(a) be present when the Board considers the issue; or 21
(b) take part in a decision of the Board on the issue. 22
(3) A trustee who makes a disclosure must not-- 23
(a) be present when the Board is considering whether or not the 24
trustee should be present when the Board considers the issue; or 25
(b) take part in a decision by the Board under subsection (2). 26
s 28 13 s 30
Anzac Day
(4) For this section, a person is not taken to have a direct or indirect 1
financial interest in an issue merely because the issue involves a home in 2
which the person lives. 3
6--General 4
Division
Trust's seal 5
The
28.(1) The Trust's seal must be kept in the custody of the person the 6
Board directs. 7
(2) The seal may be used only as authorised by the Board. 8
(3) Judicial notice must be taken of the imprint of the Trust's seal 9
appearing on a document and the document must be presumed to have been 10
properly sealed until the contrary is proved. 11
notice of certain signatures 12
Judicial
29. Judicial notice must be taken of-- 13
(a) the official signature of a person who is or has been the 14
chairperson; and 15
(b) the fact the person holds or has held the office of chairperson. 16
of documents 17
Authentication
30.(1) A document made by the Trust (other than a document required to 18
be sealed) is sufficiently made if it is signed by the chairperson, or a person 19
authorised by the Trust. 20
(2) A document made by the Trust under seal is sufficiently made under 21
seal if it is sealed and signed by the chairperson or a person authorised by 22
the Trust. 23
s 31 14 s 33
Anzac Day
ART 4--MISCELLANEOUS 1
P
2
Regulations
31. The Governor in Council may make regulations under this Act. 3
ART 5--REPEAL OF ANZAC DAY ACT 1921 4
P
of Anzac Day Act 5
Repeal
32. The Anzac Day Act 1921 12 Geo 5 No. 13 is repealed. 6
PART 6--MINOR AMENDMENTS 7
amendments 8
Minor
33. The Schedule amends the Acts mentioned in it. 9
10
15
Anzac Day
CHEDULE 1
¡S
INOR AMENDMENTS 2
M
section 33 3
OLIDAYS ACT 1983 4
´H
1. Section 3-- 5
omit. 6
2. Section 5-- 7
omit, insert-- 8
`Minister may change public holidays 9
`5. The Minister may, by Gazette notice, substitute another day for a 10
public holiday under section 4.'. 11
3. Section 6(4)(c)-- 12
omit, insert-- 13
`(c) a holiday for a district prescribed by regulation.'. 14
4. Section 6(5)-- 15
omit, insert-- 16
`(5) A regulation may appoint a day, or the morning or afternoon of a 17
day, to be a holiday in a district prescribed under subsection (4)(c).'. 18
5. Sections 7 and 8-- 19
omit. 20
16
Anzac Day
SCHEDULE (continued)
6. Section 10(3)-- 1
omit, insert-- 2
`(3) A regulation may declare that, from a specified day, Saturday ceases 3
to be a bank holiday.'. 4
7. Section 11-- 5
omit, insert-- 6
`Regulation making power 7
`11. The Governor in Council may make regulations under this Act.'. 8
8. After section 11-- 9
insert-- 10
`Reference to Holidays Act 1912 11
`12. A reference in an Act or document to the Holidays Act 1912 is a 12
reference to this Act. 13
`Numbering and renumbering of Act 14
`13. Section 43 (Numbering and renumbering of provisions) of the 15
Reprints Act 1992 must be used in the first reprint of the Act produced 16
under the Reprints Act 1992.'. 17
RACING AND BETTING ACT 1980 18
´
1. Section 203(2A), `section 8(2)(d) of the Anzac Day Act 1921'-- 19
omit, insert-- 20
`section 15 of the Anzac Day Act 1994'. 21
17
Anzac Day
SCHEDULE (continued)
TRADING (ALLOWABLE HOURS) ACT 1990 1
´
1. Section 3(b)-- 2
omit, insert-- 3
`(b) to require employees be given a holiday for, and to regulate when 4
certain places must close on, Anzac Day.'. 5
2. Section 20(1)-- 6
omit, insert-- 7
`20.(1) The occupier of a banking or insurance office must close the 8
office on the bank holidays prescribed under the Holidays Act 1983.5'. 9
3. Section 20(3) and (4)-- 10
omit, insert-- 11
`(3) Subsections (1) and (2) do not apply to-- 12
(a) a bank in relation to a Saturday unless the Saturday-- 13
(i) is a public holiday; or 14
5 Note--
1. Section 98 of the Bills of Exchange Act 1909 (Cwlth) regulates the times within
which certain dealings with a bill of exchange, cheque or promissory note may
be conducted (e.g. payment and presentment).
2. Under section 98, if a dealing mentioned in the section falls due on Christmas
Day, Good Friday, a Sunday, or a day prescribed by either Commonwealth or
State legislation to be a bank holiday, the dealing may be conducted on the next
business day.
3. Section 10 of the Holidays Act 1983 declares every Saturday a bank holiday in
Queensland.
4. The effect of section 20 of this Act is to allow a bank to open for business on
most Saturdays but, because Saturday remains a bank holiday, a bank is able to
choose whether or not it will conduct the dealings mentioned in section 98 of the
Bills of Exchange Act 1909 (Cwlth) on a Saturday.
18
Anzac Day
SCHEDULE (continued)
(ii) falls on 1 January, 26 January, 25 December or 1
26 December, regardless of whether another day has been 2
substituted as a public holiday for the public holiday that 3
ordinarily falls on the particular day; or 4
(b) a bank operating at an annual agricultural, horticultural or 5
industrial show if a bank holiday occurs during the show. 6
`(4) If a bank holiday is declared for a particular district, subsection (1) 7
only applies to a banking or insurance office in the district on the bank 8
holiday.'. 9
4. Section 33-- 10
omit, insert-- 11
`Anzac day a holiday for all employees 12
`33.(1) An employee in a factory and shop must be given a holiday for 13
the whole of Anzac Day. 14
`(2) However, subsection (1) does not apply to employment-- 15
(a) in a factory or shop of a person employed solely in guarding the 16
factory or shop; or 17
(b) at a racing venue where a meeting is held under the Racing and 18
Betting Act 1980; or 19
(c) at an office or agency of the Totalisator Board under the Racing 20
and Betting Act 1980; or 21
(d) on licensed premises under the Liquor Act 1992; or 22
(e) in or on a place of public amusement, that is lawfully used for 23
public amusement or entertainment, of a person employed solely 24
for the purpose of the use; or 25
(f) in an independent retail shop; or 26
(g) in an exempt shop; or 27
(h) in an office where-- 28
19
Anzac Day
SCHEDULE (continued)
(i) the usual activities conducted include renting or leasing 1
accommodation; and 2
(ii) the only activities being conducted are renting or leasing 3
accommodation and related activities; or 4
(i) in a factory or shop in employment solely for 1 or more of the 5
following activities-- 6
(i) printing, publishing or distributing newspapers; 7
(ii) manufacturing, distributing or supplying electricity, gas or 8
water; 9
(iii) a necessarily continuous process of manufacturing or 10
mining; 11
(iv) essential services; 12
(v) milk supply; 13
(vi) bread manufacturing; 14
(vii) preparing food in restaurants, cafes, pastry-cook and hot 15
takeaway food kitchens; 16
(viii) an activity prescribed by regulation.'. 17
5. Section 36-- 18
omit, insert-- 19
`Closure of other places 20
`36.(1) Factories and shops must be closed for the whole of Anzac Day. 21
`(2) Subsection (1) does not apply to a place mentioned in 22
section 33(2)(b) to (i).'. 23
24
© State of Queensland 1994
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