Anzac Day Amendment Act 2016 (WA)

Western Australia

Anzac Day Amendment Act 2016

Western Australia

Anzac Day Amendment Act 2016 Contents

Western Australia

Anzac Day Amendment Act 2016

Anzac Day Amendment Act 2016

No. 4 of 2016

An Act to amend the Anzac Day Act 1960.

[Assented to 21 March 2016]

The Parliament of Western Australia enacts as follows:

1.Short title

This is the Anzac Day Amendment Act 2016.

2.Commencement

This Act comes into operation as follows —

• (a)

  sections 1 and 2 — on the day on which this Act receives the Royal Assent;

• (b)

  the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3.Act amended

This Act amends the Anzac Day Act 1960.

4.Section 3 amended

• (1)

  In section 3 delete the definitions of:

dependant

sports

• (2)

  In section 3 insert in alphabetical order:

   

ex‑service organisation means a body, whether incorporated or not, which has as its object, or one of its principal objects, the assistance of ex‑service personnel;

ex‑service personnel means any of the following —

• (a)

  members and former members of the Australian Defence Force;

• (b)

  persons who are now resident in the State who were previously members of a naval, military or air force of any other nation of which Her Majesty is the Sovereign;

• (c)

  persons who are now resident in the State who were previously members of a naval, military or air force of any other nation allied or associated with Australia;

large race event means a race meeting —

• (a)

  for which admission tickets are sold; and

• (b)

  that is attended by at least 5 000 persons;

prescribed admission ticket, in relation to an event, means an admission ticket of a type prescribed by the regulations for that type of event;

professional sport means competitive sport engaged in by paid participants;

professional sport event means a sport event —

• (a)

  at which a professional sport is played or conducted; and

• (b)

  for which admission tickets are sold; and

• (c)

  that is attended by at least 5 000 persons;

sport event means an event at which competitive sport is played or conducted and for which either a fee for admission is required to be paid by spectators or donations are sought from spectators, but does not include a race meeting;

• (3)

  In section 3 in the definition of Trustee delete “chairman.” and insert:

   

chairperson.

5.Section 4 amended

• (1)

  In section 4(4) delete “offence and is liable to a penalty not exceeding $400.” and insert:

   

offence.

• (2)

  At the end of section 4(4) insert:

   

Penalty for this subsection: a fine of $5 000.

6.Section 5 amended

• (1)

  In section 5(1):

  • (a)

    delete “race meeting” and insert:

     

  large race event

   
  • (b)

    delete “shall within one month after that race meeting is held or conducted — ” and insert:

     

  must within 90 days after the event —

   
  • (c)

    delete paragraph (a) and insert:

     
  • (a)

    give to the Trust a written document that specifies the number of persons who attended the event and the price of a prescribed admission ticket for the event; and

  • (ba)

    include in the document a statutory declaration —

    • (i)

      that is made by the person or by the secretary or treasurer of the racing club; and

    • (ii)

      that verifies the information in the document;

  and

   
• (2)

  In section 5(2):

  • (a)

    delete “race meeting” and insert:

     

  large race event

   
  • (b)

    delete “furnish the return” and insert:

     

  give the document

   
  • (c)

    delete “net proceeds derived from the race meeting in accordance with” and insert:

     

  amount required by

   
  • (d)

    delete “offence and is liable to a penalty not exceeding $400.” and insert:

     

  offence.

   
• (3)

  At the end of section 5(2) insert:

   

Penalty for this subsection: a fine of $5 000.

• (4)

  Delete section 5(4).

• Note:

  The heading to amended section 5 is to read:

Large race events on Anzac Day

7.Section 6 amended

• (1)

  In section 6(1) delete “sports” and insert:

   

sport event

• (2)

  In section 6(2) delete “race, match, game, exercise, pastime, contest or other event at any sports” and insert:

   

sport event

• (3)

  Delete section 6(3).

• (4)

  In section 6(4):

  • (a)

    delete “any sports are” and insert:

     

  a sport event is

   
  • (b)

    delete “those sports were so” and insert:

     

  the event was

   
  • (c)

    delete “offence and is liable to a penalty not exceeding $400.” and insert:

     

  offence.

   
• (5)

  At the end of section 6(4) insert:

   

Penalty for this subsection: a fine of $5 000.

• Note:

  The heading to amended section 6 is to read:

Sport events on Anzac Day

8.Section 7 amended

• (1)

  In section 7(1):

  • (a)

    delete “any sports are” and insert:

     

  a professional sport event is

   
  • (b)

    delete “shall within one month after the holding of the sports —” and insert:

     

  must within 90 days after the event —

   
  • (c)

    delete paragraph (a) and insert:

     
  • (a)

    give to the Trust a written document that specifies the number of persons who attended the event and the price of a prescribed admission ticket for the event; and

  • (ba)

    include in the document a statutory declaration —

    • (i)

      that is made by the person or by the secretary or treasurer of the club, association or body; and

    • (ii)

      that verifies the information in the document;

  and

   
• (2)

  In section 7(2):

  • (a)

    delete “sports are” and insert:

     

  a professional sport event is

   
  • (b)

    delete “furnish the return” and insert:

     

  give the document

   
  • (c)

    delete “net proceeds derived from the holding of those sports in accordance with” and insert:

     

  amount required by

   
  • (d)

    delete “and is liable to a penalty not exceeding $400,”.

• (3)

  At the end of section 7(2) insert:

   

Penalty for this subsection: a fine of $5 000.

• (4)

  Delete section 7(3).

• Note:

  The heading to amended section 7 is to read:

Professional sport events on Anzac Day

9.Section 10 amended

Delete section 10(3) and insert:

• (3)

  The money standing to the credit of the Account —

  • (a)

    may be applied in payment of the costs of the administration of this Act; and

  • (b)

    may, with the approval of the Minister, be applied by the Trust for any purpose that benefits ex‑service personnel or their families.

     
  10.Section 11 amended
• (1)

  Delete section 11(2) to (5C) and insert:

   
• (2)

  The Trust consists of 4 Trustees appointed by the Minister.

• (3)

  The Minister must designate a Trustee to be the chairperson of the Trust.

• (4)

  A Trustee may be designated as the chairperson at the same time as the person is appointed as a Trustee or at any time after the person is appointed as a Trustee.

• (5)

  A person who is a member or employee of an ex‑service organisation is not eligible to be appointed as a Trustee.

   
• (2)

  After section 11(6) insert:

   
• (7)

  A person who holds office as a Trustee immediately before the commencement of the Anzac Day Amendment Act 2016 section 10 ceases to be a Trustee on that commencement.

   

11.Section 13 amended

In section 13(d) delete “Governor” and insert:

Minister

12.Section 14 amended

In section 14 delete “Governor” (each occurrence) and insert:

Minister

13.Section 16 amended

In section 16 delete “chairman.” and insert:

chairperson.

14.Section 17 amended

In section 17(2) delete “$100” and insert:

a fine of $1 000