ELIZABETHAE SECUNDAE REGINAE - No. 70 of 1964
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ANNO TERTIO DECIMO
ELIZABETHAE SECUNDAE REGINAE
No. 70 of 1964
An Act to Amend "The Anzac Day Acts, 1921 to 1930,"
in certain particulars , and for other purposes
[ASSENTED TO 24TH DECEMBER, 1964]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and
with the advice and consent of the Legislative Assembly of Queensland
in Parliament assembled, and by the authority of the same, as follows:-
1. (1) Short title. This Act may be cited as " The Anzac Day Acts
Amendment Act of 1964."
(2) Principal Act. " The Anzac Day Acts, 1921 to 1930 ", are in
this Act referred to as the Principal Act.
(3) Collective title. The Principal Act and this Act may be
collectively cited as " The Anzac Day Acts, 1921 to 1964."768 Anzac Day Acts Amendment Act of 1964, No. 70
2. Amendment of s. 2. Section two of the Principal Act is amended
by omitting subsection (4) and inserting in its stead the following
subsection:-
" (4) In this Act the term 1' Minister" means the Minister for
Labour and Industry or other Minister of the Crown for the time being
charged with the administration of this Act."
3. Repeal of and new s. 3 inserted. The Principal Act is amended by
repealing section three and inserting in its stead the following section:-
" [3.1 Anzac Day to be a public holiday . (1) In this section the
terms " factory ", " shop ", " small shop ", " exempted shop " and,
in relation to a factory or shop, " occupier " have the meanings
assigned to those terms respectively by " The Factories and Shops Acts,
1960 to 1964."
(2) The provisions of this section requiring factories and shops to be
closed and kept closed on Anzac Day do not apply to-
(a) licensed premises under and within the meaning of " The
Liquor Acts, 1912 to 1961 ";
(b) any place of public amusement within the meaning of section
four of this Act which is being lawfully used as such;
(c) a shop specified in Part I of the Schedule to this Act;
(d) a factory or shop wherein a calling specified in Part II of the
Schedule to this Act is carried on so far as relates to the carrying
on therein of that calling.
(3) The provisions of this section requiring employees to be given a
holiday on Anzac Day do not apply to the employment on Anzac Day-
(a) in a factory or shop, of a person solely employed in safeguarding
the factory or shop;
(b) on a racecourse whereon a race meeting is lawfully conducted,
by the racing club by which such race meeting is conducted or
by any licensee or permittee of such racing club, of any person;
(c) on licensed premises under and within the meaning of " The
Liquor Acts, 1912 to 1961," of any person;
(d) in or on any place of public amusement within the meaning of
section four of this Act which is being lawfully used as such,
of any person solely employed for the purposes of such use;
(e) in a shop specified in Part I of the Schedule to this Act, of any
person;
(f) in a calling specified in Part 11 of the Schedule to this Act, of a
person solely engaged in and for the purposes of carrying on
that calling.
(4) Subject to subsections (2) and (3) of this section-
(a) every factory and every shop other than an exempted shop
or a small shop shall be closed and kept closed on Anzac Day;Anzac Day Acts Amendment Act of 1964, No. 70 769
(b) every employee in a factory or in a shop other than an exempted
shop or a small shop shall be given a whole holiday on Anzac
Day;
(c) every small shop shall be closed and kept closed on Anzac
Day before one o'clock in the afternoon; and
(d) an employee shall not be employed in a small shop on Anzac
Day before one o'clock in the afternoon.
Every occupier of a shop shall comply in every respect with the
requirements of this section and if he fails to do so shall be guilty of an
offence against this Act.
(5) (a) The Governor in Council by Order in Council published in
the Gazette may from time to time amend the Schedule to this Act by
deleting from Part I any shop or factory for the time being specified
therein or by adding thereto any other shop or factory, or by deleting
from Part II any calling for the time being specified therein or by adding
thereto any other calling.
The Schedule to this Act as so amended shall become and be for the
time beine the Schedule to this Act.
(b) Every Order in Council under this subsection shall be laid before
the Legislative Assembly within fourteen sitting days after the publication
thereof in the Gazette if the Legislative Assembly is then in session and,
if not, within fourteen days after the commencement of the next session.
If the Legislative Assembly passes a resolution of which notice has
been given at any time within fourteen sitting days after any such Order
in Council has been laid before it disallowing the Order in Council or
part thereof, the Order in Council or part shall thereupon cease to have
effect but without prejudice to the validity of anything done in the
meantime or to the making of any further Order in Council."
4. Repeal of and new s. 4. The Principal Act is amended by repealing
section four and inserting in its stead the following section:-
" (4.) Places of public amusement. (I) In this section the term
place of public amusement" means any building or any part of a
building, or any enclosure, ground, premises or place whatsoever used or
intended to be used as a theatre, dancing hall, or music-hall, or for
athletic entertainment or boxing, or for a circus or a cinematograph
exhibition, or for any public entertainment, amusement or entertainment
whatsoever, whether or not a charge is made for admission thereto.
(2) It shall be unlawful for any person, except with the permission
in writing of the Minister (which permission the Minister is hereby
authorised to grant), to open, keep open or use or to permit or allow to
be opened, kept opened, or used any place of public entertainment on
Anzac Day before thirty minutes after one o'clock in the afternoon.
Any person who contravenes in any respect the provisions of this
subsection shall be guilty of an offence.
25770 Anzac Day Acts Amendment Act of 1964, No. 70
(3) It shall be an implied condition of a license in respect of a place
of public amusement granted by Brisbane City Council or any Local
Authority that the holder thereof shall not contravene in any respect the
provisions of subsection (2) of this section.
A breach of such implied condition shall be taken into account
in respect of any power or authority of Brisbane City Council or the
Local Authority to cancel or suspend the license for a breach or breaches
of the conditions thereof."
5. New s. 5 inserted. The Principal Act is amended by inserting
after section four the following section:-
" [5.] Recovery of penalties. Any person guilty of an offence against
this Act shall be liable to a penalty of not more than two hundred pounds.
An offence against this Act may be prosecuted in a summary way
under " 7he Justices Acts, 1886 to 1964," upon the complaint of any
person authorised by the Minister."
6. New ss. 6 and 7 inserted. The Principal Act is amended by
inserting after section five, as previously inserted by this Act, the following
sections:-
" [6.] Anzac Day Trust. (1) For the purposes of this Act a Trust is
constituted under the name of " The Anzac Day Trust ".
(2) The Trust shall be a body corporate with perpetual succession
and a common seal, and shall be capable of suing and being sued in its
corporate name, and of doing and permitting all acts and things required
by this Act to be done by the Trust or which are necessary or convenient
to be done by the Trust for the purpose of carrying out its functions
under this Act.
(3) The Trust shall consist of four trustees (including the chairman)
each of whom shall, subject to subsection (4) of this section , be appointed
by the Governor in Council by notification published in the Gazette.
(4) Of the four trustees-
(a) one shall be a person nominated by the Minister and he shall
be the chairman;
(b) one shall be a person nominated by the Minister after
consultation with the President of the Returned Sailors',
Soldiers' and Airmen's Imperial League of Australia
(Queensland Branch) from a panel of three names submitted
to the Minister by such League;
(c) one shall be a person nominated by the Minister from a panel
of three names submitted to the Minister by the representatives
of Legacy Clubs in Queensland;
(d) one shall be a person nominated by the Minister from a panel
of three names submitted to the Minister by those organisations
or associations of ex-servicemen which are registered as
charities under and within the meaning of " The Charitable
Collections Act of 1952," or which are incorporated by letters
patent under " The Religious Educational and Charitable
Institutions Acts, 1861 to 1959."Anzac Day Acts Amendment Act of 1964, No. 70 771
(5) Subject to subsection (7) of this section every trustee , including
the chairman,-
(a) shall be eligible for re-appointment; and
(b) shall hold office for the term for which he is appointed or
re-appointed but no such appointment or re-appointment shall
be for a term exceeding three years.
(6) If at any time the League mentioned in paragraph (b) of subsection
(4) of this section, or the representatives of Legacy Clubs, or the
organisations or associations mentioned in paragraph (d) of subsection (4)
of this section fails or fail, within thirty days after being thereunto called
upon in writing by the Minister , to nominate a panel of three names for
nomination therefrom by the Minister of a person for appointment as a
trustee, the Minister may nominate for the appointment in question
such person as he deems fit and such person may be appointed a trustee.
(7) The office of a trustee, including the chairman, shall become
vacant if he-
(a) dies or becomes mentally sick;
(b) becomes bankrupt or compounds with his creditors, or
otherwise takes advantage of the laws in force for the time
being relating to bankruptcy;
(c) is absent without leave granted by the Trust from three
consecutive ordinary meetings of the Trust of which due
notice has been given to him;
(d) resigns his office by writing under his hand delivered to the
Minister and the resignation is accepted by the Minister;
(e) is convicted of an indictable offence; or
(f) is removed from office by the Governor in Council for
misbehaviour or incompetence by notification published in the
Gazette:
Provided that the attendance of the chairman or any other member
of the Trust at the time and place appointed for an ordinary meeting
shall be deemed to constitute presence at an ordinary meeting
notwithstanding that by reason that no quorum is present no meeting
is actually held on that day, and the secretary shall enter in the minute
book the name of the chairman or any other member who so attends.
(8) Three trustees, one of whom shall be the chairman, shall form a
quorum.
(9) The Trust shall meet at such times and places and conduct its
business in such manner as it may from time to time determine.
(10) When, by death, resignation or otherwise howsoever, a vacancy
occurs in the office of a trustee, including the chairman, the Governor
in Council may, subject to subsections (4) and (6) of this section, appoint
by notification published in the Gazette, a person to be a Trustee (and,
in the case of the chairman, the chairman) for the remainder of the term
of his predecessor in the office in question.772 Anzac Day Acts Amendment Act of 1964, No. 70
(11) The Minister may appoint an officer of the Department
administered by him to be the secretary to the Trust , and such officer
may hold such appointment in addition to the office he holds in the
Department.
(12) The Trust may, in respect of the Fund , accept any gift (whether
by will or inter vivos) of any property, of whatsoever kind and wheresoever
situate, and whether in possession , reversion or remainder , and may sell
and convert into money any property vested in it which does not consist
of money.
(13) At least once in each year the Auditor-General shall audit
the books and accounts of the Trust and shall have , with respect to such
audit, books and accounts , all the powers and authorities conferred
upon him by " The Audit Acts, 1874 to 1960," and shall report thereon.
[7.] Functions of the Trust. (1) Applications for payment from the
Anzac Day Trust Fund of any sum for a purpose specified in subsection
(3) of section eight of this Act shall be made to the Trust.
(2) The Trust shall consider every such application and having
regard to the circumstances thereof, to the amount for the time being
standing to the credit of the Fund and to all pending applications for
payments from the Fund made to the Trust, may refuse the application
or may determine that the sum applied for or a lesser sum be paid from
the Fund."
7. New ss. 8, 9 and 10 inserted . The Principal Act is amended by
inserting after section seven, as previously inserted by this Act, the
following sections:-
" [8.] The Anzac Day Trust Fund. (1) The Trust shall establish in
a bank a trust fund called " The Anzac Day Trust Fund ", in this Act
referred to as " the Fund ".
(2) There shall be paid into the Fund-
(a) in the financial year commenced on the first day of July, one
thousand nine hundred and sixty-four, from the Consolidated
Revenue Fund (which is hereby appropriated accordingly),
a sum equal to one three-hundredth part of the aggregate
of the annual fees paid for their respective licenses by licensed
victuallers in respect of the financial year commenced on the
first day of July, one thousand nine hundred and sixty-three;
(h) subject to appropriation by Parliament, from the Consolidated
Revenue Fund in each financial year, beginning with the
financial year to commence on the first day of July, one thousand
nine hundred and sixty-five, a sum equal to one three-hundredth
part of the aggregate of the annual fees paid for their respective
licenses by licensed victuallers in respect of the next preceding
financial year;Anzac Day Acts Amendment Act of 1964, No. 70 773
(c) amounts certified by the Commissioner of Stamp Duties to be
respectively:-
(i) the aggregate of the totalisator tax paid by racing clubs
in respect of totalisators operated by them on racecourses
on Anzac Day;
(ii) the net amount of the totalisator tax paid by The Totalisator
Administration Board of Queensland in respect of all bets
made through or with it on any totalisator operated on a
racecourse or by it on Anzac Day;
(iii) eighty per centum of the aggregate of bookmaker's turnover
tax paid by bookmakers in respect of bets lawfully made
by them in the course of carrying on the business of or acting
as bookmakers on racecourses on Anzac Day;
(iv) forty per centum of the sum prescribed by subsection (2) of
section 95c of " The Racing and Betting Acts , 1954 to 1963,"
to be paid into the Treasury to the credit of The Racing Clubs
Turnover Tax Special Fund in respect of (being twenty per
centum of the aggregate of) bookmaker 's turnover tax
paid by bookmakers in respect of bets lawfully made by
them in the course of carrying on the business of or acting
as bookmakers on racecourses on Anzac Day;
(d) forty per centum of the aggregate of all fees and other sums of
moneys charged by and paid to racing clubs in respect of the
grant by them of licenses , permits or other authority to persons
to carry on the business of or act as bookmakers on racecourses
on Anzac Day;
(e) moneys contributed to the Fund by any person whomsoever.
In this subsection and in section nine of this Act "Anzac Day "
means, in respect of any year in which another day is appointed pursuant
to " The Holidays Acts, 1912 to 1961," to be kept as a public holiday
instead of Anzac Day, the day so appointed.
(3) The costs incurred by the Trust in respect of the exercise of its
functions under this Act shall be paid out of the Fund and , subject to
payment thereof, the moneys standing to the credit of the Fund shall be
distributed in making payments approved by the Trust for the purposes
of the erection of homes for aged ex-servicemen and ex-servicewomen
and their maintenance in such homes and of the welfare of widows and
children of deceased ex-servicemen, and among institutions , organisations
and associations the principal object of which is the financial assistance
and relief, or the amelioration of conditions , of persons-
(a) who were members of the Naval, Military or Air Forces of
Her Majesty or of the Commonwealth; or
(b) now resident in the State who were members of any Naval,
Military or Air Forces of any foreign power allied or associated
with Her Majesty or with the Commonwealth,
during any war in which Her Majesty or the Commonwealth was or is
engaged , or of the dependants of any such persons.774 Anzac Day Acts Amendment Act of 1964, No. 70
(4) Nothing in this section shall entitle, or be deemed to entitle,
any trustee to any remuneration, allowance or expenses in respect of the
exercise by him of his functions and duties under this Act.
[9.] Payments by racing clubs. (1) Every racing club which conducts
a race meeting on any Anzac Day shall, within seven days thereafter,
pay to the Commissioner of Stamp Duties an amount equal to forty per
centum of the total sum charged by and paid or payable to that racing
club in respect of the grant by it of licenses, permits or other authority
to persons to carry on the business of or act as bookmakers at such race
meeting.
(2) Any amount which a racing club is required by subsection (1)
of this section to pay to the Commissioner of Stamp Duties shall be
deemed to be a tax imposed by " The Racing and Betting Acts, 1954 to
1964," and the provisions of subsection (2) of section seven of those
Acts shall apply and extend accordingly.
(3) All moneys received by the Commissioner of Stamp Duties
pursuant to this section shall be paid into the Anzac Day Trust Fund.
[10.] Annual Report. The Trust shall prepare an annual report of
its proceedings and operations during the preceding financial year which
report shall be laid by the Minister before the Legislative Assembly as
soon as practicable."
8. Repeal of and new Schedule. The Principal Act is amended
by repealing the Schedule and inserting in its stead the following
Schedule:-
"SCHEDULE [s. 3]
PART I
(i) Chemists shops and Druggists shops.
(ii) Confectionery shops.
(iii) Cooked provision shops.
(iv) Fish shops.
(v) Fruit shops, vegetable shops, fruit and vegetable shops, flower
shops or temperance beverage shops.
(vi) Restaurants, cafes and refreshment shops.
(vii) Tobacconists' shops.
(viii) Booksellers' shops, newsagents' shops and railway bookstalls.
(ix) Bread shops, cake shops and pastry shops.
(x) Undertakers' establishments.
(xi) Automatic coin operated pumps for supplying fuel for use
as such for operating motor vehicles which by virtue of
paragraph (xiv) of subsection (1) of section sixty of " The
Factories and Shops Acts, 1960 to 1964," are exempted shops
for the purposes of Part VIII of those Acts.Anzac Day Acts Amendment Act of 1964, No. 70 775
PART II
(xii) Printing, publishing and distributing newspapers.
(xiii) The manufacture, distribution or supply of gas or electric
light or power or water supply.
(xiv) Any necessarily continuous process of manufacture or mining.
(xv) Essential services.
(xvi) Milk supply."You can also read
