Anzac Day Act Amendment Act 1985 (Qld)

1412 (> ueenslanb UJ AMINO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 93 of 1985 An Act to amend the Anzac DayAct 1921-1981 in certain particulars [ASSENTED TO 13TH DECEMBER, 1985]

Anzac Day Act Amendment Act 1985, No. 93 1413 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. Short title and citation . (1) This Act may be cited as the Anzac Day Act Amendment Act 1985. (2) In this Act the Anzac Day Act 1921-1981 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Anzac Day Act 1921-1985. 2. Amendment of s. 2A . Interpretation . Section 2A of the Principal Act is amended by renumbering the section as section 3 and therein- (a) inserting before the definition "Minister" the following definitions:- "Chief Industrial Inspector" means the Chief Industrial Inspector within the meaning of the Industrial Conciliation and Arbitration Act 1961-1985; "Inspector" means an Industrial Inspector within the meaning of the Industrial Conciliation and Arbitration Act 1961- 1985;"; (b) in the definition "Minister" omitting the words "Labour Relations" and substituting the words "Industrial Affairs"; (c) in the definition commencing with the words "racing venue" omitting the words "1980-1981." and substituting the words "1980- 1984;"; (d) inserting after the definition commencing with the words "racing venue" the definition:- "service station" means any shop in or at which petrol (which includes motor spirit, motor fuel or substitutes therefor and motor oils) is or is usually sold by retail.". 3. Amendment of s. 3. Anzac Day to be a public holiday . Section 3 of the Principal Act is amended by renumbering the section as section 4 and therein- (a) omitting subsection (1) and substituting the following subsection:- "(1) In this section each of the terms "factory", "shop", "small shop" and "exempted shop" has the meaning assigned to it in the Factories and Shops Act 1960-1983."; (b) in subsection (2)- (i) omitting the words " "The Liquor Acts, 1912 to 1961 from provision (a) and substituting the words "the Liquor Act 1912-1984"; (ii) omitting the words "section four" from provision (b) and substituting the words "section 5"; (iii) inserting after provision (b), the following provisions:- "(ba) a small shop, the trading hours of which shall be those fixed by the Industrial Conciliation and Arbitration Commission

1414 Anzac Day Act Amendment Act 1985, No. 93 under the Industrial Conciliation and Arbitration Act 1961- 1985; (bb) a service station, the trading hours of which shall be those fixed by the Industrial Conciliation and Arbitration Commission under the Industrial Conciliation and Arbitration Act 1961-1985;"; (c) in subsection (3)- (i) omitting the words " "The Liquor Acts, 1912 to 1961, from provision (c) and substituting the words "the Liquor .Act 1912-1984,"; (ii) omitting the words "section four" from provision (d) and substituting the words "section 5"; (iii) inserting after provision (d), the following provisions:- "(da) of any person in a small shop; (db) of any person at a service station;"; (d) in subsection (4)- (i) omitting the words "or a small shop" where they appear in provision (a); (ii) omitting the words from and including "or a small shop" in provision (b) to and including "offence against this Act." and substituting the words "shall be given a whole holiday on Anzac Day."; (e) in provision (b) of subsection (5) omitting the words "fourteen days" and substituting the words "fourteen sitting days". 4. Amendment of s. 4. Places of public amusement . Section 4 of the Principal Act is amended by renumbering the section as section 5 and therein- (a) omitting subsection (2) and substituting the following subsection:- "(2) A place of public amusement shall be closed and kept closed on Anzac Day before 1.30 o'clock after noon except where the Minister has given permission in writing to the occupier to keep that place of public amusement open before that time. For the purposes of this subsection "occupier" has the meaning assigned to it in the Factories and Shops Act 1960- 1983."; (b) in subsection (3) omitting the word "license" where twice occurring and substituting the word "licence" in each case. 5. Repeal of s. 5 and new ss. 6, 7, 8 and 9 . The Principal Act is amended by repealing section 5 and substituting the following sections:- "6. Powers of inspector . An inspector may- (a) enter any place (other than premises used exclusively as a private dwelling-house) at which or in which he

Anzac Day Act Amendment Act 1985, No. 93 1415 has reason to believe a person is contravening or failing to comply with any of the provisions of this Act and at or in that place conduct such investigation as he considers necessary for the purposes of this Act; (b) in conducting an investigation referred to in paragraph (a)- (i) question any person with respect to matters under this Act and require the person questioned to truthfully answer the questions put to him; (ii) call to his aid any member of the Police Force where he has reason to believe he will be obstructed in the exercise of his powers under this Act. 7. Obstructing an inspector . A person shall not- (a) assault , threaten, obstruct, abuse, insult or intimidate an inspector who is exercising his powers under this Act, or attempt so to do; (b) fail to answer or give a false or misleading answer to any question put to him by an inspector exercising his powers under this Act. 8. Offences against Act . (1) A person who contravenes or fails to comply with any provision of sections 4. 5 and 7 of this Act commits an offence against this Act and upon conviction. is liable- (a) in the case of a natural person to a penalty not exceeding $2 000: or (b) in the case of a body corporate to a penalty not exceeding $10 000. (2) A prosecution for an offence against this Act shall be by way of summary proceedings under the Justices Act 1885- 1985 on the complaint of the Minister, the Chief Industrial Inspector or any other Inspector authorized by the Chief Industrial Inspector either generally or in a particular case. (3) Where a person commits an offence against any provision of sections 4 or 5 of this Act then, without derogating from section 7 of The Criminal Code, the occupier of the factor., shop or place of public amusement in respect of which the offence is committed shall be deemed to have committed the offence and. notwithstanding section 23 of The Criminal Code or any other rule or law or practice. to be criminally responsible for the act or omission concerned therein and may be charged with the offence and punished accordingly. It is immaterial that the offence was committed without the authority of or contrary to the instructions of the occupier but it shall be a defence for the occupier to prove that the offence was committed without his consent or connivance and that he exercised due diligence to present the commission of the offence

14 16 Anzac Dar Act Amendment Act 1985, No. 93 This subsection applies so as not to prejudice any liability imposed under this Act upon any person by whom any offence against this Act is actually committed. For the purposes of this subsection "occupier" has the meaning assigned to it in the Factories and Shops Act 1960-1983. (4) Where a body corporate commits an offence against this Act then. without derogating from section 7 of The CriminalCode, each of the following persons shall be deemed to have committed the offence and, notwithstanding section 23 of The Criminal Code or any other rule of law or practice, to be criminally responsible for the act or omission concerned therein and may be charged with the offence and punished accordingly- (a) the person who at the time the offence is committed was the chairman of directors, managing director or other governing officer by whatever name called or other member of the governing body thereof by whatever name called: and (b) every perscn who at the time the offence is committed manages or acts or takes part in the management. administration or government of the business in Queensland thereof. This subsection applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it. It is a defence to a charge for an offence against this Act brought against a person specified in provision (a) or (b) to prove that the offence was committed without that person's consent or connivance and that he exercised due diligence to prevent the commission of the offence. 9. Evidentiary provisions . In any proceeding for the purposes of this Act- (a) it shall not be necessary to prove the appointment of the Minister or any inspector to do any act or take any proceeding; (b) a signature purporting to be that of the Minister, the Chief Industrial Inspector or any other inspector shall be taken to be the signature it purports to be until the contrary is proved; (c) the allegation or averment in any complaint that the person named therein is, or was at the time set out, the occupier of a factory, shod or place of public amusement shall be evidence of the matter so alleged or averred, and, in the absence of evidence to the contrary, shall be conclusive evidence of that matter.". 6. Amendment of s. 6. Anzac Day Trust . Section 6 of the Principal Act is amended by renumbering the section as section 10 and therein- (a) in subsection (4)- (-0 omitting the words "Returned Sailors', Soldiers' and Airmen's imperial League of Australia (Queensland Branch)" from provision (b)

Anzac Day Act Amendment Act 1985, No. 93 1417 and inserting the words "Returned Services League of Australia Queensland Branch"; (ii) omitting the words from and including the words " "The Charitable" to and including the words "to 1959." " from provision (d) and substituting the words "the Collections Act 1966-1981 or which are incorporated under the Associations Incorporation Act 1981."; (b) in subsection (13) omitting the words " "The Audit Acts, 1874 to 1960,"" and substituting the words "the Financial Administrationand Audit Act 1977-1981". 7. Amendment of s. 7. Functions of the Trust. Section 7 of the Principal Act is amended by renumbering the section as section 11 and therein omitting the words "section eight" and substituting the words "section 12". 8. Amendment of s. 8. The Anzac Day Trust Fund . Section 8 of the Principal Act is amended by renumbering the section as section 12 and therein in subsection ( 2) omitting the words " "The Holidays Acts, 1912 to 1961, "" and substituting the words "the Holidays Act 1983". 9. New s. 13. The Principal Act is amended by inserting after section 8 (renumbered as section 12 by this Act) the following section:- "13. Investment powers. (1) The Trust may invest moneys held in the Fund which are not immediately required for the purposes for which the Trust is constituted until such time as such moneys are required- (a) in securities issued or guaranteed by the Government of the Commonwealth or of a State or Territory of the Commonwealth; (b) with or on deposit with a bank or in securities issued or guaranteed by a bank; (c) in such other securities, investments or other financial arrangements as may be recommended by the Treasurer and approved by the Governor in Council: provided that no such investment shall have a term in excess of 12 months except with the Treasurer's approval first had and obtained. (2) Every security, safe custody acknowledgement or other document evidencing title issued in respect of an investment shall be held by the Trust. (3) Any approval in accordance with subsection (1) may be granted- (a) in respect of a specific security. investment or other financial arrangement. all securities, investments or other financial arrangements of a specific kind or

14 18 An:ac Dar Act Amendment Act 1985, No. 93 class, or all securities, investments and other financial arrangements; (b) for a specific period or without limit of time.". 10. Amendment of s. 10 . Annual Report . Section 10 of the Principal Act is amended by renumbering the section as section 14. 11. Amendment of Schedule . The Schedule to the Principal Act is amended by- (a) in Part 1- (i) omitting the words " "The Factories and Shops Acts, 1960 to 1964,"" from provision (xi) and substituting the words "the Factories and Shops Act 1960-1983"; (ii) omitting provision (xi) (a); (b) in Part II inserting after provision (xvi) the following provision:- ''(xvii) bread manufacturing and the preparation of food in restaurants, cafes. pastrycook and hot take-away food kitchens.".