2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Steve Pratt)
Anzac Day Bill 2008

Contents
	Page

	Preamble		2
	1	Name of Act	3
	2	Commencement	3
	3	Object	3
	4	Dictionary	3
	5	Notes	3
	6	Offences against Act—application of Criminal Code etc	4
	7	Meaning of restricted activity	4
	8	Offence—conduct restricted activity on Anzac Day without permit	4
	9	Permit for restricted activities on Anzac Day	5
	10	Reviewable decisions	6
	11	Review of decisions	6
	12	Notice of reviewable decisions	6
	13	Determination of fees	6
	14	Approved forms	6
	15	Regulation-making power	7
Dictionary		8

2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Steve Pratt)
Anzac Day Bill 2008

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

    

Preamble

	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:

1	Name of Act
This Act is the Anzac Day Act 2008.
2	Commencement
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)).
3	Object
The object of this Act is to preserve the dignity and solemnity of the commemoration of Anzac Day.
4	Dictionary
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)).
5	Notes
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.
6	Offences against Act—application of Criminal Code etc
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).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
7	Meaning of restricted activity
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.
8	Offence—conduct restricted activity on Anzac Day without permit
	(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.
9	Permit for restricted activities on Anzac Day
	(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).
10	Reviewable decisions
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.
11	Review of decisions
A person may apply to the AAT for review of a reviewable decision.
12	Notice of reviewable decisions
	(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).
13	Determination of fees
	(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.
14	Approved forms
	(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.
15	Regulation-making power
The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary
(see s 4)
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.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2008.
2	Notification
	Notified under the Legislation Act on	2008.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2008