{"id":"anzac-day-commemoration-act-2005","name":"ANZAC Day Commemoration Act 2005","slug":"anzac-day-commemoration-act-2005","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31552,"registerId":"sa-anzac-day-commemoration-act-2005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"ANZAC Day Commemoration Act 2005","content":"South Australia\nANZAC Day Commemoration Act 2005\nAn Act to continue and enhance the commemoration of ANZAC Day as a day of national significance; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tObject of Act\nPart 3—ANZAC Day Commemoration Fund\n15\tEstablishment of Fund\n16\tApplication of Fund\nPart 4—Regulation of public sports and entertainment on ANZAC Day\n18\tRestriction on public sports and entertainment before 12 noon on ANZAC Day\n19\tTwo up on ANZAC Day\nPart 5—Miscellaneous\n20\tFalse or misleading statement\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the ANZAC Day Commemoration Act 2005.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nANZAC Day means 25 April in any year;\nCouncil means the Veterans' Advisory Council established by the Minister as a non-statutory advisory body;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nFund means the ANZAC Day Commemoration Fund;\nRSL means The Returned & Services League of Australia (S.A. Branch) Incorporated;\nspouse—a person is the spouse of another if they are legally married;\nveteran means a person who has served in the defence forces of Australia in a war or armed conflict, or in international peace-keeping operations, in which Australia has been involved.\n4—Object of Act\nThe object of this Act is to ensure that the contribution of all men and women who have served Australia in time of war or armed conflict, or in international peace-keeping operations, in which Australia has been involved, is recognised and commemorated in this State.\nPart 3—ANZAC Day Commemoration Fund\n15—Establishment of Fund\n\t(1)\tThe ANZAC Day Commemoration Fund is established.\n\t(2)\tThe Fund consists of—\n\t(a)\tany money provided by Parliament for the purposes of the Fund; and\n\t(b)\tany grants, gifts and bequests made for payment into the Fund; and\n\t(c)\tany money that is required or authorised by law to be paid into the Fund; and\n\t(d)\tany income from investment of money belonging to the Fund.\n\t(3)\tThe Minister may, with the approval of the Treasurer, invest any of the money belonging to the Fund that is not immediately required for the purposes of the Fund in such manner as is approved by the Treasurer.\n16—Application of Fund\n\t(1)\tThe Fund may be applied by the Minister, after consultation with the Council, for any of the following purposes:\n\t(a)\tpayments to any organisation for the purpose of educating the community about the significance of ANZAC Day;\n\t(b)\tpayments for aged veterans to maintain, alter and improve their homes;\n\t(c)\tpayments to maintain and care for aged veterans in homes;\n\t(d)\tpayments for the welfare of spouses, domestic partners and children of deceased veterans;\n\t(e)\tpayments to any organisation established for the purpose of helping or supporting, or having a membership consisting of or including, veterans or the spouses, domestic partners, children or other dependants of veterans;\n\t(f)\tpayments to any organisation for the purpose of conducting commemoration services on ANZAC Day;\n\t(g)\tpayment of the expenses of administering the Fund.\n\t(2)\tEach application made to the Minister for a payment out of the Fund must be referred to the Council for its consideration and the Council must make recommendations to the Minister in relation to such applications as the Council thinks fit.\n\t(3)\tA person making an application for payment of money out of the Fund must—\n\t(a)\tprovide the Minister with specified information to enable the Minister to determine the application; and\n\t(b)\tverify, by statutory declaration, information furnished for the purposes of the application.\nPart 4—Regulation of public sports and entertainment on ANZAC Day\n18—Restriction on public sports and entertainment before 12 noon on ANZAC Day\n\t(1)\tDespite any other Act or law, the holding of a public sporting or entertainment event between the hours of 5.00 a.m. and 12 noon on ANZAC Day in any year is unlawful unless authorised in writing by the Minister.\n\t(2)\tIf a public sporting or entertainment event is held unlawfully, the organiser of the event is guilty of an offence.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n\t(3)\tThe Minister may grant an authorisation under subsection (1) if satisfied that, in all the circumstances of the case, it is in the public interest to do so.\n\t(4)\tHowever, before granting an authorisation under subsection (1), the Minister must—\n\t(a)\tcause a copy of the application and supporting affidavit to be given to the RSL; and\n\t(b)\thave regard to any comments made by the RSL in relation to the application received on or before the date specified by the Minister for receipt of such comments.\n\t(5)\tAn applicant for an authorisation under subsection (1) must—\n\t(a)\tprovide the Minister with specified information to enable the Minister to determine the application; and\n\t(b)\tverify, by statutory declaration, information furnished for the purposes of the application.\n\t(6)\tAn authorisation under subsection (1) may be made subject to such conditions as the Minister thinks fit and specifies in the instrument of authorisation.\n\t(7)\tA person who contravenes, or fails to comply with, a condition of an authorisation under this section is guilty of an offence.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n\t(9)\tIn this section—\npublic sporting or entertainment event means a sporting or entertainment event or activity to which tickets for admission (or similar devices)—\n\t(a)\tare made available for purchase by a member of the public prior to the holding of the event or activity; and\n\t(b)\tare required for entry to the event or activity.\n19—Two up on ANZAC Day\n\t(1)\tDespite the Lottery and Gaming Act 1936, but subject to this section—\n\t(a)\tthe game commonly known as “two up” is not an unlawful game when played on ANZAC Day on the premises of a branch or sub-branch of The Returned & Services League of Australia Limited and any premises owned or occupied by the Defence Forces of Australia; and\n\t(b)\tno such place is a common gaming-house within the meaning of that Act by reason only that two up is played in that place on ANZAC Day; and\n\t(c)\tno offence is committed and no other liability will be incurred by any person by reason only of the playing of two up on ANZAC Day in such a place.\n\t(2)\tSubsection (1) does not apply if—\n\t(a)\tany payment or other benefit is given or sought, directly or indirectly, for the right to participate in the game (otherwise than by the placing of bets); or\n\t(b)\tany commission on, percentage of or fee for bets or winnings is given or sought by any person, whether or not a participant in the game.\n\t(3)\tThis section does not affect any offence relating to betting by or with a person under the age of 18 years.\n\t(4)\tIn this section—\nbet has the same meaning as in the Lottery and Gaming Act 1936.\nPart 5—Miscellaneous\n20—False or misleading statement\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Act.\nMaximum penalty: $5 000.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe ANZAC Day Commemoration Act 2005 amended the following:\nLottery and Gaming Act 1936\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2005\n12\nANZAC Day Commemoration Act 2005\n21.4.2005\n15.3.2007 (Gazette 15.3.2007 p811)\n2006\n43\nStatutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 7 (ss 28 & 29)—1.6.2007 (Gazette 26.4.2007 p1352)\n2011\n36\nStatutes Amendment (Directors' Liability) Act 2011\n22.9.2011\nPt 5 (s 7)—1.1.2012 (Gazette 15.12.2011 p4988)\n2015\n8\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 4 (ss 25—32)—17.8.2015 (Gazette 25.6.2015 p3076)\n2017\n17\nANZAC Day Commemoration (Veterans' Advisory Council) Amendment Act 2017\n30.5.2017\n1.7.2017 (Gazette 27.6.2017 p2618)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n1.6.2007\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.6.2007\ns 3\n\n\nCouncil\nsubstituted by 17/2017 s 4\n1.7.2017\ndomestic partner\ninserted by 43/2006 s 28(1)\n1.6.2007\nspouse\ninserted by 43/2006 s 28(2)\n1.6.2007\nPt 2 before deletion by 17/2017\n\n\ns 6\n\n\ns 6(1)\namended by 8/2015 s 25(1)\n17.8.2015\ns 6(2)\namended by 8/2015 s 25(2)\n17.8.2015\ns 7\n\n\ns 7(1)\namended by 8/2015 s 26(1)\n17.8.2015\ns 7(2)\namended by 8/2015 s 26(2)\n17.8.2015\ns 7(3)\namended by 8/2015 s 26(3)\n17.8.2015\ns 7(4)\namended by 8/2015 s 26(4)\n17.8.2015\ns 7(5)\namended by 8/2015 s 26(5)\n17.8.2015\ns 8\namended by 8/2015 s 27\n17.8.2015\ns 10\namended by 8/2015 s 28\n17.8.2015\ns 11\namended by 8/2015 s 29\n17.8.2015\ns 13\n\n\ns 13(1)\namended by 8/2015 s 30\n17.8.2015\ns 14\n\n\ns 14(1)\namended by 8/2015 s 31(1)\n17.8.2015\ns 14(3)\namended by 8/2015 s 31(2)\n17.8.2015\nPt 2\ndeleted by 17/2017 s 5\n1.7.2017\nPt 3\n\n\ns 15\n\n\ns 15(2)\namended by 17/2017 s 6(1)\n1.7.2017\n s 15(3)\namended by 17/2017 s 6(2)\n1.7.2017\ns 16\n\n\ns 16(1)\namended by 43/2006 s 29(1), (2)\n1.6.2007\n\namended by 17/2017 s 7(1)\n1.7.2017\ns 16(2)\nsubstituted by 17/2017 s 7(2)\n1.7.2017\ns 16(3)\namended by 17/2017 s 7(3)\n1.7.2017\ns 17\ndeleted by 17/2017 s 8\n1.7.2017\nPt 4\n\n\ns 18\n\n\ns 18(1)\namended by 8/2015 s 32(1)\n17.8.2015\ns 18(3)\namended by 8/2015 s 32(2)\n17.8.2015\ns 18(4)\namended by 8/2015 s 32(3)\n17.8.2015\ns 18(5)\namended by 8/2015 s 32(4)\n17.8.2015\ns 18(6)\namended by 8/2015 S 32(5)\n17.8.2015\ns 18(8)\ndeleted by 36/2011 s 7\n1.1.2012\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n1.6.2007\nSch 2\ntaken not to have been enacted: Sch 2 cl 3—omitted under Legislation Revision and Publication Act 2002\n(31.7.2005) \nHistorical versions\n1.6.2007\n\n1.1.2012\n\n17.8.2015\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not accessible due to a broken URL following a website migration. No comparison between original intent and current provisions is possible."},"complexity_factors":["Legislation text was not retrievable — only a website error page was returned","No substantive legal content available for analysis","Complexity cannot be meaningfully assessed without the actual legislative text","Score of 1 reflects absence of content, not simplicity of the underlying Act"],"plain_english_summary":"## ANZAC Day Commemoration Act 2005 (SA)\n\n**⚠️ Content Unavailable**\n\nThe actual text of this South Australian legislation could not be retrieved — the source URL returned a **Page Not Found** error, likely due to a website migration that occurred around **24 March 2026**.\n\n### What we can reasonably infer:\nBased on the Act's name and South Australian context, this legislation likely:\n- **Governs how ANZAC Day (25 April) is officially commemorated** in South Australia\n- May regulate things like **trading hours** for businesses on ANZAC Day, **public events**, or **ceremonial requirements**\n- Could establish obligations for government bodies or local councils in organising or supporting commemorative services\n- May interact with federal ANZAC Day laws (such as the *ANZAC Day Act 1995* Cth) which protect the name \"ANZAC\" from commercial misuse\n\n### Who it affects:\n- South Australian businesses (particularly retail)\n- Local councils and event organisers\n- Veterans' organisations\n- The general public attending or participating in ANZAC Day services\n\n**To access the actual legislation**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the Act, or email OPCWeb@sa.gov.au to report the broken link."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has undergone significant scope reduction. Originally (2005), the Act included Part 2 which established a statutory Veterans' Advisory Council with detailed governance structures including membership, terms of office, meetings, and reporting requirements. The 2017 amendment deleted the entire Part 2, converting the Council from a statutory body to a non-statutory advisory body established by the Minister. This removed approximately half the Act's original content and significantly reduced its administrative complexity, shifting from statutory governance to ministerial discretion."},"complexity_factors":["Short statute with only 20 sections, though Part 2 was deleted in 2017","Only 7 defined terms in the interpretation section (s 3)","Minimal cross-referencing - primarily references to the Lottery and Gaming Act 1936 for the two up provisions","Straightforward conditional logic with clear exceptions (e.g., s 19(2) limiting the two up exemption)","Simple administrative structure: Fund established, Minister makes decisions with Council advice","Some procedural requirements (statutory declarations, consultation with RSL) but these are clearly specified","Penalty provisions are explicit and fixed amounts"],"plain_english_summary":"This South Australian law does three main things to honour military veterans and preserve ANZAC Day traditions:\n\n**1. Creates a special fund for veterans and their families**\n- The ANZAC Day Commemoration Fund collects money from government grants, donations, and investments\n- The Minister (with advice from the Veterans' Advisory Council) can spend this money on:\n  - Community education about ANZAC Day\n  - Home modifications for elderly veterans\n  - Care for aged veterans\n  - Support for spouses, domestic partners, and children of deceased veterans\n  - Veterans' organisations\n  - ANZAC Day commemoration services\n\n**2. Restricts public entertainment on ANZAC Day morning**\n- Public sporting or entertainment events (ticketed events) cannot be held between 5am and 12 noon on 25 April\n- Organisers can apply to the Minister for written permission, but must consult the RSL (Returned & Services League)\n- Breaking this rule carries a fine up to $1,250\n- This ensures the morning remains respectful for dawn services and commemorations\n\n**3. Legalises 'two up' on ANZAC Day**\n- Normally an illegal gambling game, two up is permitted on ANZAC Day at RSL clubs and Defence Force premises\n- Restrictions apply: no entry fees or commissions allowed, and under-18s still cannot bet\n- This preserves the traditional Australian gambling game played by soldiers\n\n**Who it affects:** Veterans, their families, RSL clubs, event organisers, and anyone wanting to hold public events on ANZAC Day morning."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Amendments listed in the history (definitions added for 'domestic partner' and 'spouse'; changes to the Council; removal or amendment of some earlier Parts) are administrative and clarifying in nature. They broaden eligibility definitions (e.g. include domestic partners) and adjust governance arrangements but do not materially change the Act’s core purpose—maintaining ANZAC Day commemoration, restricting commercial ticketed events in the ANZAC Day morning, providing the ANZAC Day Fund and setting out two-up exceptions. The Act’s subject-matter remains aligned with its original commemorative intent rather than having grown substantially beyond that function."},"complexity_factors":["Short Act: ~20 substantive sections (Parts 1,3–5)","Defined terms concentrated in s 3 (about 7 key definitions: ANZAC Day; Council; domestic partner; Fund; RSL; spouse; veteran)","Ministerial discretion to authorise events subject to a public-interest test (s 18(3))","Mandatory RSL consultation requirement for event authorisations (s 18(4))","Statutory-declaration and specified-information requirements for applicants (ss 16(3), 18(5))","Treasurer approval required for Fund investments (s 15(3))","Cross-reference to Lottery and Gaming Act 1936 for two-up carve-out (s 19(1))","Specified penalties and expiation fees for offences (ss 18(2),(7); s 20)","Exceptions and conditions around two-up (s 19(2)–(4))"],"plain_english_summary":"**What this law does, in simple terms**\n\n- Establishes an ANZAC Day Commemoration Fund (the Fund) to support education, commemoration and some welfare-related payments connected to veterans (ss 15–16).  The Minister, after consulting an advisory Council, decides how the Fund is spent.  The Fund may hold parliamentary appropriations, gifts, bequests, legally required receipts and investment income (s 15).\n\n- Makes it unlawful to hold a public sporting or entertainment event between 5:00 a.m. and 12:00 noon on ANZAC Day (25 April) unless the Minister gives written authorisation (s 18).  An organiser who runs such an event without authorisation can be fined (maximum penalty $1,250; expiation $160) (s 18(2)).  The Minister may place conditions on any authorisation, and breaching those conditions is also an offence (s 18(6)–(7)).\n\n- Creates a specific exception for the gambling game “two up”: on ANZAC Day, playing two up on premises of RSL branches (and Defence premises) is not an unlawful game despite the Lottery and Gaming Act, subject to limits that bar charging to participate or taking commissions on bets, and that continue to prohibit betting by people under 18 (s 19).\n\n- Makes it an offence to provide false or misleading information in material supplied under the Act (maximum penalty $5,000) (s 20).\n\n**Who is affected**\n\n- Veterans and their families: eligible as direct or indirect beneficiaries of Fund payments (s 16).\n- Organisations that run ANZAC Day commemorations or provide veteran services: potential Fund recipients (s 16(1)(a),(e),(f)).\n- Event organisers and promoters: they must avoid holding ticketed public sporting/entertainment events before midday on ANZAC Day unless authorised (s 18).  They face fines or expiation fees for breaches (s 18(2)).\n- RSL (Returned & Services League, S.A. Branch): has a formal role — the Minister must give the RSL a copy of any authorisation application and consider its comments before deciding (s 18(4)).  RSL premises are also a permitted location for two up (s 19).\n- Minister and Treasurer: the Minister makes authorisations and spending decisions (after consulting the Council); the Treasurer must approve investments of Fund money (s 15(3)).\n- Applicants for Fund payments or event authorisations: must provide specified information and verify it by statutory declaration (ss 16(3), 18(5)).\n\n**How it works mechanically (key tasks and decision points)**\n\n- Fund establishment and use: Parliament can appropriate money to the Fund; the Minister applies Fund money for specified purposes after consulting the (Veterans’) Council, and may invest Fund money with the Treasurer’s approval (ss 15–16).\n\n- Authorisation to hold pre-noon ticketed events: organisers must apply to the Minister, provide specified information and a statutory declaration, and wait for the Minister’s written authorisation; the Minister must forward the application and affidavit to the RSL and consider any comments in deciding whether it is in the public interest to authorise (s 18(1), (3)–(5)).\n\n- Two up: a statutory carve-out permits two up on ANZAC Day at RSL or Defence premises, but forbids charging for the right to participate or taking commissions; under-18 betting remains an offence (s 19(1)–(3)).\n\n**Why the Act matters (claimed purpose and practical effects)**\n\n- The Act’s stated object is to ensure the contribution of those who served in war, armed conflict or peacekeeping is recognised and commemorated (s 4).  To achieve that it creates a dedicated Fund for commemoration and veteran-related payments, and legally protects the morning of ANZAC Day from commercial ticketed sporting/entertainment events unless a ministerial exemption is granted.\n\n- Costs and who pays: Fund expenditure comes from parliamentary appropriations and other money paid into the Fund (s 15).  Compliance and enforcement costs (processing authorisations, enforcing the prohibition) fall on government agencies; organisers face fines for non-compliance and administrative costs from application and statutory-declaration requirements (ss 18(2), 18(5), 20).\n\n- Decision-makers and discretion: the Minister holds primary decision-making power over authorisations and Fund disbursements (ss 15–16, 18).  The Treasurer has an approval role over investments (s 15(3)).  The Council is an advisory body; the RSL has a formal consultative role before pre-noon event authorisations are granted (s 18(4)).\n\n- Incentives and likely behavioural responses: ticketed events will generally avoid scheduling before noon on ANZAC Day or will seek Ministerial authorisation; some events may simply move to after noon.  RSL branches and Defence premises may host two up without breaching the gaming law, subject to statutory limits (s 19).\n\n**Trade-offs, implementation risks and compliance burdens**\n\n- Trade-offs: the law prioritises protected morning commemoration time over commercial activity by restricting ticketed events before midday.  That protects the quiet/respectful window but reduces morning commercial opportunities for event organisers.\n\n- Concentrated benefits and consultation influence: veterans’ organisations and RSL branches are likely concentrated beneficiaries of Fund payments and have a required consultative role (s 16(1), s 18(4)).  The requirement to give the RSL copies of authorisation applications institutionalises a point of influence (s 18(4)).\n\n- Administrative burden and verification: applicants for Fund payments and event authorisations must supply specified information and verify it by statutory declaration, which raises administrative and evidentiary costs (ss 16(3), 18(5)); the Act creates an offence for false or misleading statements (s 20).\n\n- Enforcement and discretion risks: enforcement of the pre-noon prohibition depends on monitoring and complaint-driven policing; wide ministerial discretion (public interest test in s 18(3)) means decisions may vary by case and over time.\n\n**Net effect on private enterprise and choice**\n\n- Event promoters lose unrestricted freedom to schedule ticketed sporting/entertainment events in the ANZAC Day morning; they can apply for exemptions but must meet administrative requirements and face potential refusal.\n\n- RSL branches gain an explicit exemption for two up and a formal consultative role in authorisations (ss 18(4), 19(1)).\n\n**Key sections to look at**\n- Fund: ss 15–16.  Event restriction and authorisation: s 18.  Two up exception: s 19.  False/misleading information offence: s 20."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/anzac-day-commemoration-act-2005","history":"/api/acts/anzac-day-commemoration-act-2005/history","analysis":"/api/acts/anzac-day-commemoration-act-2005/analysis","conflicts":"/api/acts/anzac-day-commemoration-act-2005/conflicts","importantCases":"/api/acts/anzac-day-commemoration-act-2005/important-cases","documents":"/api/acts/anzac-day-commemoration-act-2005/documents"}}