Anzac Day Observance Amendment Act 2018 (TAS)

Anzac Day Observance Amendment Act 2018

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

[Royal Assent 15 October 2018]

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 1Preliminary1Short titleThis Act may be cited as the Anzac Day Observance Amendment Act 2018 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Repeal of ActThis Act is repealed on the three hundred and sixty fifth day from the day on which this Act commences. PART 2Anzac Day Observance Act 1929 Amended4Principal ActIn this Part, the Anzac Day Observance Act 1929 is referred to as the Principal Act. 5Section 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 ; 6Sections 5A , 5B and 5C insertedAfter section 5 of the Principal Act , the following sections are inserted in Part II: 5AShops, &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 – (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 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 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)  – (a) is to be published, before the notice is to have effect – (i) in the Gazette; and (ii) in at least one daily newspaper circulating generally in each municipal area where a shop, to which the notice relates, operates; and (iii) on a website that is accessible by the public; and (b) is not a statutory rule for the purposes of the Rules Publication Act 1953 . 5BPerson 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 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 against 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 . 5CApplication 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 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. PART 3Shop Trading Hours Act 1984 Amended7Principal ActIn this Part, the Shop Trading Hours Act 1984 is referred to as the Principal Act. 8Section 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) . 9Section 5AAA repealed Section 5AAA of the Principal Act is repealed. 10Section 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) ". PART 4Legislation revoked11Legislation revokedThe legislation specified in Schedule 1 is revoked. Schedule 1Legislation revoked

Section 11

Shop Trading Hours Order 2012 (No. 19 of 2012)

[Second reading presentation speech made in:

House of Assembly on 21 AUGUST 2018

Legislative Council on 20 SEPTEMBER 2018]