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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
ANZAC DAY OBSERVANCE AMENDMENT BILL
2018
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Repeal of Act
PART 2 - ANZAC DAY OBSERVANCE ACT 1929 AMENDED
4. Principal Act
5. Section 3 amended (Interpretation of Part II)
6. Sections 5A, 5B and 5C inserted
5A. Shops, &c., not to open on Anzac Day
5B. Person not to be required to work in certain
circumstances
5C. Application of Shop Trading Hours Act 1984
PART 3 - SHOP TRADING HOURS ACT 1984 AMENDED
7. Principal Act
8. Section 3A amended (Non-application of Act)
9. Section 5AAA repealed
10. Section 8 amended (Person not to be required to work contrary
to an award or industrial agreement)
PART 4 - LEGISLATION REVOKED
11. Legislation revoked
[Bill 23]-VI
SCHEDULE 1 - LEGISLATION REVOKED
2
ANZAC DAY OBSERVANCE AMENDMENT BILL
2018
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
21 August 2018
(Brought in by the Minister for Veterans' Affairs, the
Honourable Guy Barnett)
A BILL FOR
An Act to amend the Anzac Day Observance Act 1929 and
the Shop Trading Hours Act 1984 and to revoke the Shop
Trading Hours Order 2012
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Anzac Day
Observance Amendment Act 2018.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 23] 3
Anzac Day Observance Amendment Act 2018
Act No. of 2018
s. 3 Part 1 - Preliminary
3. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which this Act
commences.
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Anzac Day Observance Amendment Act 2018
Act No. of 2018
Part 2 - Anzac Day Observance Act 1929 Amended s. 4
PART 2 - ANZAC DAY OBSERVANCE ACT 1929
AMENDED
4. Principal Act
In this Part, the Anzac Day Observance Act
1929* is referred to as the Principal Act.
5. Section 3 amended (Interpretation of Part II)
Section 3 of the Principal Act is amended by
inserting after the definition of race meeting the
following definition:
shop has the same meaning as in the Shop
Trading Hours Act 1984;
6. Sections 5A, 5B and 5C inserted
After section 5 of the Principal Act, the
following sections are inserted in Part II:
5A. Shops, &c., not to open on Anzac Day
(1) A person must not cause or allow a shop
to be kept open on Anzac Day before
12.30 p.m.
Penalty: Fine not exceeding 200 penalty
units.
(2) For the purposes of subsection (1), a
shop is kept open if -
_______________________________________________________________
*No. 70 of 1929
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Anzac Day Observance Amendment Act 2018
Act No. of 2018
s. 6 Part 2 - Anzac Day Observance Act 1929 Amended
(a) the shop is not locked, or
otherwise closed, against
admission to the public; or
(b) any person in the shop is engaged
in the sale of goods, canvassing
for orders or delivering goods to
customers.
(3) Despite subsection (2), if a shop has a
common entrance with a factory or
warehouse, the shop is not taken to be
kept open if that entrance is closed but
not locked.
(4) Notwithstanding subsection (1), a shop
may be kept open before 12.30 p.m. on
Anzac Day if the shop -
(a) is a shop, or belongs to a class or
group of shops, that the Minister,
by notice in accordance with
subsections (5) and (6), has
declared may be kept open before
12.30 p.m. on Anzac Day; or
(b) is a pharmacy; or
(c) is a newsagency; or
(d) is not part of a shopping centre,
plaza or mall and the number of
persons engaged at the shop as
employees or otherwise in the
conduct of the business of the
shop on any day in the
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Anzac Day Observance Amendment Act 2018
Act No. of 2018
Part 2 - Anzac Day Observance Act 1929 Amended s. 6
immediately preceding March did
not exceed 10; or
(e) is a shop -
(i) at which an auction is
conducted by a real estate
agent, or a general
auctioneer, within the
meaning of the Property
Agents and Land
Transactions Act 2016;
and
(ii) which is used principally
for the conduct of such an
auction; or
(f) is specified in a liquor licence or
liquor permit granted under the
Liquor Licensing Act 1990 and is
a shop at which liquor is the only
or principal class of goods sold;
or
(g) is a shop in, or at which, the only
or principal business carried on is
that of providing meals or cooked
food, with or without the
accompaniment of any beverage,
being either meals or cooked food
that are ready for immediate
consumption either at the shop or
elsewhere; or
(h) is a service station which is used
principally for the sale of
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Anzac Day Observance Amendment Act 2018
Act No. of 2018
s. 6 Part 2 - Anzac Day Observance Act 1929 Amended
petroleum products and motor
vehicle accessories; or
(i) is a shop in, or at which, the sale
of motor vehicles, or the offering
or exposing for sale of motor
vehicles, occurs or the sale of
replacement parts required for
essential repairs to motor vehicles
occurs.
(5) In deciding whether or not to make a
notice under subsection (4)(a), the
Minister may have regard to such matters
as the Minister considers relevant
including, but not limited to -
(a) the needs of the relevant
community including, but not
limited to, organisations that
support veterans, and their
families, such as the RSL; and
(b) the effect on the relevant
community if the shop, or class or
group of shops, is not kept open;
and
(c) the policy that a notice under this
section should not undermine, to
any significant degree, the
controls on shop trading hours set
out in the Shop Trading Hours
Act 1984.
(6) A notice under subsection (4)(a) -
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Act No. of 2018
Part 2 - Anzac Day Observance Act 1929 Amended s. 6
(a) is to be published in the Gazette,
and in at least one newspaper
circulating generally in Tasmania,
before the notice is to have effect;
and
(b) is not a statutory rule for the
purposes of the Rules Publication
Act 1953.
5B. Person not to be required to work in certain
circumstances
(1) This section applies to a shop specified in
section 5A(4) which is not a shop to
which section 5 of the Shop Trading
Hours Act 1984 applies.
(2) A person, whether an employer or not,
must not require a person to work before
12.30 p.m. on Anzac Day as an employee
in a shop to which this section applies
unless the employee agrees, in writing, to
that work on that day.
Penalty: Fine not exceeding 200 penalty
units.
(3) If a body corporate contravenes this
section -
(a) each person who is a director of
the body corporate or who is
concerned in the management of
the body corporate is taken to
have contravened this section if
the person knowingly authorised
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Act No. of 2018
s. 6 Part 2 - Anzac Day Observance Act 1929 Amended
or permitted the contravention;
and
(b) a person may be proceeded
against and convicted under this
section in accordance with
paragraph (a) whether or not the
body corporate has been
proceeded against or convicted
under this section.
(4) In any proceedings for an offence under
this section against the occupier of a
shop, it is sufficient in the complaint in
respect of the offence to allege that a
building, a part of a building, or place, or
other premises is a shop and to state the
name of its ostensible occupier or the
style or title under which the occupier is
usually known or carries on business, and
the complaint may from time to time be
amended as to the name of the actual
occupier.
(5) In this section -
occupier, in relation to a shop, has the
same meaning as in the Shop
Trading Hours Act 1984.
5C. Application of Shop Trading Hours Act 1984
(1) Section 7 of the Shop Trading Hours Act
1984 applies to a shop, or purported
shop, referred to in sections 5A and 5B
as if a reference to this Act in section 7 of
the Shop Trading Hours Act 1984 were a
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Act No. of 2018
Part 2 - Anzac Day Observance Act 1929 Amended s. 6
reference to the Anzac Day Observance
Act 1929.
(2) A copy of a record or document, or part
of a record or document, made under
section 7 of the Shop Trading Hours Act
1984, as applied under subsection (1), is
admissible in proceedings for an offence
against section 5A or 5B as evidence of
the matters specified in the record or
document, or part of the record or
document.
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Anzac Day Observance Amendment Act 2018
Act No. of 2018
s. 7 Part 3 - Shop Trading Hours Act 1984 Amended
PART 3 - SHOP TRADING HOURS ACT 1984
AMENDED
7. Principal Act
In this Part, the Shop Trading Hours Act 1984*
is referred to as the Principal Act.
8. Section 3A amended (Non-application of Act)
Section 3A(3) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (e)
"accessories; or" and substituting
"accessories.";
(b) by omitting paragraph (f).
9. Section 5AAA repealed
Section 5AAA of the Principal Act is repealed.
10. Section 8 amended (Person not to be required to
work contrary to an award or industrial agreement)
Section 8(2) of the Principal Act is amended by
omitting "or section 5AAA(2)".
_______________________________________________________________
*No. 61 of 1984
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Anzac Day Observance Amendment Act 2018
Act No. of 2018
Part 4 - Legislation revoked s. 11
PART 4 - LEGISLATION REVOKED
11. Legislation revoked
The legislation specified in Schedule 1 is
revoked.
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Anzac Day Observance Amendment Act 2018
Act No. of 2018
sch. 1
SCHEDULE 1 - LEGISLATION REVOKED
Section 11
Shop Trading Hours Order 2012 (No. 19 of 2012)
14 Government Printer, Tasmania