ANZAC DAY ACTS, 1921 to 1964

Transcription

1 369 THE ANZAC DAY ACTS, 1921 to 1964 Anzac Day Act of 1921, 12 Geo. 5 No. 13 Amended by Anzac Day Act Amendment Act of 1930, 21 Goo. 5 No. 14 Racing Regulation Amendment Act of 1930, 21 Geo. 5 No. 27 Anzac Day Acts Amendment Act of 1964, No. 70 An Act to Constitute Anzac Day a National Holiday [Assented to 31 October 1921] 1. Short title. This Act may be cited as "The Anzac Day Act of " Collective title conferred by the Anzac Day Acts Amendment Act of 1964, No. 70, s (l) Anzac Day to be a national holiday. In commemoration of the part taken by Queensland troops in the Great War, and in memory of those who gave their lives for the Empire, the twenty-fifth day of April in each year (being the anniversary of the first landing of English, Australian, and New Zealand troops on Gallipoli) shall be known as "Anzac Day," and shall be observed throughout Queensland as a holiday. (2) Amended Holidays Acts, 1912 to 1961, post. (3) Amended ss. 81, 87, 147 and 155 (now ss. 69, 74, 120 and 128 respectively) of the Liquor Acts, 1912 to 1961, title LIQUOR. ( 4) In this Act the term "Minister" means the Minister for Labour and Industry or other Minister of the Crown for the time being charged with the administration of this Act. As amended by the Racing Regulation Amendment Act of 1930, s. 26 (now repealed); and by Act of 1964, No. 70, s. 2. See also the Holidays Acts, 1912 to 1961, ss. 4, 10 and Schedule, post. See also Racing and Betting Acts, 1954 to 1964, s. 36, title GAMING, Vol. 6, p Anzac Day to be a public holiday. (1) In this section the terms " factory", " shop", " small shop", " exempted shop" and, in relation to a factory or shop, "occupier" have the meanings assigned to those terms respectively by " The Factories and Shops Acts, 1960 to 1964." (2) The provisions of this section requiring factories and shops to be closed and kept closed on Anzac Day do not apply to- (a) licensed premises under and within the meaning of "The Liquor Acts, 1912 to 1961 "; (b) any place of public amusement within the meaning of section four of this Act which is being lawfully used as such;

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4 372 HOliIDAYS Vol. 7 (3) The Trust shall consist of four trustees (including the chairman) each of whom shall, subject to subsection (4) of this section, be appointed by the Governor in Council by notification published in the Gazette. (4) Of the four trustees- (a) one shall be a person nominated by the Minister and he shall be the chairman; (b) one shall be a person nominated by the Minister after consultation with the President of the Returned Sailors', Soldiers' and Airmen's Imperial League of Australia (Queensland Branch) from a panel of three names submitted to the Minister by such League; (c) one shall be a person nominated by the Minister from a panel of three names submitted to the Minister by the representatives of Legacy Clubs in Queensland; (d) one shall be a person nominated by the Minister from a panel of three names submitted to the Minister by those organisations or associations of ex-servicemen which are registered as charities under and within the meaning of "The Charitable Collections Act of 1952," or which are incorporated by letters patent under "The Religious Educational and Charitable Institutions Acts, 1861 to 1959." (5) Subject to subsection (7) of this section every trustee, including the chairman,- (a) shall be eligible for re-appointment; and (b) shall hold office for the term for which he is appointed or re-appointed but no such appointment or re-appointment shall be for a term exceeding three years. (6) Ifat any time the League mentioned in paragraph (b) of subsection (4) of this section, or the representatives of Legacy Clubs, or the organisations or associations mentioned in paragraph (d) of subsection (4) of this section fails or fail, within thirty days after being thereunto called upon in writing by the Minister, to nominate a panel of three names for nomination therefrom by the Minister of a person for appointment as a trustee, the Minister may nominate for the appointment in question such person as he deems fit and such person may be appointed a trustee. (7) The office of a trustee, including the chairman, shall become vacant if he- (a) dies or becomes mentally sick; (b) becomes bankrupt or compounds with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; (c) is absent without leave granted by the Trust from three consecutive ordinary meetings of the Trust of which due notice has been given to him; (d) resigns his office by writing under his hand delivered to the Minister and the resignation is accepted by the Minister; (e) is convicted of an indictable offence; or

5 ANZAC DAY ACTS, 1921 TO 1964 SIS. 6, (f) is removed from office by the Governor in Council for misbehaviour or incompetence by notification published in the Gazette: Provided that the attendance of the chairman or any other member of the Trust at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the secretary shall enter in the minute book the name of the chairman or any other member who so attends. (8) Three trustees, one of whom shall be the chairman, shall form a quorum. (9) The Trust shall meet at such times and places and conduct its business in such manner as it may from time to time determine. (10) When, by death, resignation or otherwise howsoever, a vacancy occurs in the office of a trustee, including the chairman, the Governor in Council may, subject to subsections (4) and (6) of this section, appoint by notification published in the Gazette, a person to be a Trustee (and, in the case of the chairman, the chairman) for the remainder of the term of his predecessor in the office in question. (11) The Minister may appoint an officer of the Department administered by him to be the secretary to the Trust, and such officer may hold such appointment in addition to the office he holds in the Department. (12) The Trust may, in respect of the Fund, accept any gift (whether by will or inter vivos) of any property, of whatsoever kind and wheresoever situate, and whether in possession, reversion or remainder, and may sell and convert into money any property vested in it which does not consist of money. (13) At least once in each year the Auditor-General shall audit the books and accounts of the Trust and shall have, with respect to such audit, books and accounts, all the powers and authorities conferred upon him by "The Audit Acts, 1874 to 1960," and shall report thereon. Inserted by Act of 1964, No. 70, s. 6. Acts referred to: Charitable Collections Act of 1952, title CHARITABLE COLLECTIONS. Vol. 4, p. 35. Religious Educational and Charitable Institutions Acts, 1861 to 1959, title INSTITUTIONS. Audit Acts, 1874 to 1965, title AUDIT, Vol. 1, p Functions of the Trust. (1) Applications for payment from the Anzac Day Trust Fund of any sum for a purpose specified in subsection (3) of section eight of this Act shall be made to the Trust. (2) The Trust shall consider every such application and having regard to the circumstances thereof, to the amount for the time being standing to the credit of the Fund and to all pending applications for payments from the Fund made to the Trust, may refuse the application or may determine that the sum applied for or a lesser sum be paid from the Fund. Inserted by Act of 1964, No. 70, s. 6.

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8 376 HOUDAYS Vol. 7 (vii) Tobacconists' shops. (viii) Booksellers' shops, newsagents' shops and railway bookstalls. (ix) Bread shops, cake shops and pastry shops. (x) Undertakers' establishments. (xi) Automatic coin operated pumps for supplying fuel for use as such for operating motor vehicles which by virtue of paragraph (xiv) of subsection (1) of section sixty of.. The Factories and Shops Acts, 1960 to 1964," are exempted shops for the purposes of Part VIII of those Acts. PART II (xii) Printing, publishing and distributing newspapers. (xiii) The manufacture, distribution or supply of gas or electric light or power or water supply. (xiv) Any necessarily continuous process of manufacture or mining. (xv) Essential services. (xvi) Milk supply. New Schedule substituted by Act of 1964, No. 70, s. 8. Act referred to: Factories and Shops Acts, 1960 to 1964, title LABOUR.