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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Theatres (Repeal) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--REPEAL OF THE THEATRES ACT 1958 3
3. Repeal of the Theatres Act 1958 3
PART 3--AMENDMENTS TO THE ANZAC DAY ACT 1958 4
4. Anzac Day 4
5. Sports on Anzac Day 4
6. Substitution of section 5 4
5. Use of cinemas etc. on Anzac Day 4
7. New section 5A inserted 5
5A. Other entertainment on Anzac Day 5
8. Regulations 8
ENDNOTES 9
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PARLIAMENT OF VICTORIA
Initiated in Assembly 23 April 2002
A BILL
to repeal the Theatres Act 1958, to amend the Anzac Day Act 1958
and for other purposes.
Theatres (Repeal) Act 2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to repeal the Theatres Act 1958 and make
5 consequential amendments to the Anzac Day
Act 1958; and
(b) to amend the Anzac Day Act 1958 to restrict
the provision of certain entertainment before
1.00 pm on Anzac Day.
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Theatres (Repeal) Act 2002
Act No.
part 1--preliminary
s. 2
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
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Theatres (Repeal) Act 2002
Act No.
part 2--repeal of the theatres act 1958
s. 3
PART 2--REPEAL OF THE THEATRES ACT 1958
3. Repeal of the Theatres Act 1958
See: The Theatres Act 1958 is repealed.
Act No.
6393/1958.
Reprint No. 2
as at
6 March 1997.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
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Theatres (Repeal) Act 2002
Act No.
part 3--amendments to the anzac day act 1958
s. 4
PART 3--AMENDMENTS TO THE ANZAC DAY ACT 1958
4. Anzac Day
See:
In section 3 of the Anzac Day Act 1958-- Act No.
6198/1958.
(a) for "New Zealand)--" substitute 'New Reprint No. 3
5 Zealand) shall be known as "Anzac Day".'; as at
1 June 1997.
(b) paragraph (a) is repealed. LawToday:
www.dms.
dpc.vic.
gov.au
5. Sports on Anzac Day
In section 4 of the Anzac Day Act 1958--
(a) in sub-section (3), for "sub-section (3) of
10 section four A of this Act" substitute
"section 4A(3)";
(b) in sub-section (5) omit "of this section"
(where first occurring);
(c) in sub-section (6) omit "of this section".
15 6. Substitution of section 5
For section 5 of the Anzac Day Act 1958
substitute--
"5. Use of cinemas etc. on Anzac Day
(1) Despite anything in any other Act or a
20 statutory rule (within the meaning of the
Subordinate Legislation Act 1994), a
person must not, without a written permit
from the Minister, show any film or allow
any film to be shown before 1.00 pm on
25 Anzac Day at a cinema or other place
(whether indoors or outdoors) to which
persons are admitted--
(a) on payment of a fee or charge; or
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Theatres (Repeal) Act 2002
Act No.
part 3--amendments to the anzac day act 1958
s. 7
(b) after a donation is sought from them--
for the showing of the film or to enter or
remain at the cinema or place.
Penalty: 5 penalty units.
5 (2) The Minister may give a person a permit
under sub-section (1) subject to specified
conditions.
(3) A person who holds a permit under
sub-section (1) that is subject to specified
10 conditions must comply with each of those
conditions.
Penalty: 5 penalty units.
(4) If a body corporate is guilty of an offence
against sub-section (1), any person who is
15 concerned, or takes part, in the management
of that body corporate is also guilty of the
offence and liable to the penalty for the
offence.
(5) It is a defence to a charge against a person
20 brought pursuant to sub-section (4) if the
person proves that--
(a) the offence was committed by the body
corporate without his or her consent or
knowledge; and
25 (b) he or she exercised due diligence to
prevent the commission of the
offence.".
7. New section 5A inserted
After section 5 of the Anzac Day Act 1958
30 insert--
'5A. Other entertainment on Anzac Day
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Theatres (Repeal) Act 2002
Act No.
part 3--amendments to the anzac day act 1958
s. 7
(1) Despite anything in any other Act or a
statutory rule (within the meaning of the
Subordinate Legislation Act 1994), a
person must not, without a written permit
5 from the Minister, provide any entertainment
or allow any entertainment to be provided
before 1.00 pm on Anzac Day at a place
(whether indoors or outdoors)--
(a) to which persons are admitted--
10 (i) on payment of a fee or charge; or
(ii) after a donation is sought from
them--
for the provision of the entertainment or
to enter or remain at the place; or
15 (b) at which a commercial business is
carried on for the supply of goods or
services or both.
Penalty: 5 penalty units.
Note: For "entertainment", see sub-section (8).
20 (2) However, sub-section (1) does not apply to
entertainment provided at licensed premises
(within the meaning of the Liquor Control
Reform Act 1998) at a time when alcohol
may be consumed on the premises in
25 accordance with the particular licence.
(3) The Minister may only give a permit under
sub-section (1) if--
(a) the applicant for the permit has paid the
prescribed fee (if any); and
30 (b) the Minister is satisfied that the
provision of the entertainment--
(i) is a genuine commemoration of
Anzac Day; or
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Theatres (Repeal) Act 2002
Act No.
part 3--amendments to the anzac day act 1958
s. 7
(ii) if it is not a genuine
commemoration of Anzac Day,
would not detract from, or
adversely affect, the
5 commemorative nature of Anzac
Day.
(4) The Minister may give a person a permit
under sub-section (1) subject to specified
conditions.
10 (5) A person who holds a permit under
sub-section (1) that is subject to specified
conditions must comply with each of those
conditions.
Penalty: 5 penalty units.
15 (6) If a body corporate is guilty of an offence
against sub-section (1), any person who is
concerned, or takes part, in the management
of that body corporate is also guilty of the
offence and liable to the penalty for the
20 offence.
(7) It is a defence to a charge against a person
brought pursuant to sub-section (6) if the
person proves that--
(a) the offence was committed by the body
25 corporate without his or her consent or
knowledge; and
(b) he or she exercised due diligence to
prevent the commission of the offence.
(8) In this section, "entertainment"--
30 (a) includes, but is not limited to--
(i) a dance or similar event at which
one or more persons play music
(whether live or pre-recorded);
and
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Theatres (Repeal) Act 2002
Act No.
part 3--amendments to the anzac day act 1958
s. 8
(ii) a concert, play, drama, recital or
other performance at which there
are one or more performers; and
(b) does not include sports or the showing
5 of a film.
Note: Section 4 deals with sports and section 5 deals
with the showing of films.'.
8. Regulations
After section 6(1) of the Anzac Day Act 1958
10 insert--
"(2) The Governor in Council may make
regulations for or with respect to any other
matter or thing--
(a) required or permitted by this Act to be
15 prescribed; or
(b) necessary to be prescribed to give effect
to this Act.".
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Theatres (Repeal) Act 2002
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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