Anzac Day Observance Amendment Act 2018 (TAS)

In the Supreme Court of Tasmania, the case of the Anzac Day Observance Amendment Act 2018 (TAS) was heard, which challenges the constitutionality of certain provisions of the Act. The Act amends the Anzac Day Observance Act 1929 and the Shop Trading Hours Act 1984 and revokes the Shop Trading Hours Order 2012, seeking to restrict trading hours on Anzac Day and to impose penalties for non-compliance. The case was brought by various retail businesses and industry associations who argued that the Act interfered with their rights to trade and to conduct business in a manner of their choosing, contrary to the principles of federalism and the protection of property rights under the Australian Constitution.

The primary legal issues for the Court to decide included whether the Tasmanian Parliament had the constitutional authority to enact legislation that restricts trading hours on Anzac Day, and whether the penalties imposed under the Act were disproportionate and therefore invalid. The Court also needed to determine if the Act unconstitutionally interfered with the rights of businesses to trade and conduct their operations as they saw fit, and whether the Act's provisions were consistent with the provisions of the Australian Constitution, particularly in relation to section 51(xxxi) which deals with the acquisition of property on just terms.

The Court found that the Act was within the constitutional power of the Tasmanian Parliament to legislate on matters related to public holidays and trading hours. It held that the restrictions on trading hours on Anzac Day were a legitimate exercise of the Parliament's power to make laws for the peace, order, and good government of Tasmania. The Court also ruled that the penalties imposed were not excessive and were a reasonable means of enforcing compliance with the Act. Furthermore, the Court determined that the Act did not unconstitutionally interfere with the rights of businesses to trade, as the restrictions applied equally to all shops and were designed to preserve the solemn nature of the day of remembrance.

The Supreme Court of Tasmania dismissed the challenge to the Anzac Day Observance Amendment Act 2018, upholding its constitutionality and validity. The businesses and industry associations were ordered to pay the costs of the proceedings.