This Act makes 25 April a public holiday in Queensland and establishes the Anzac Day Trust Fund to pay for aged veterans’ housing, welfare for spouses and children of deceased service personnel, and organisations supporting veterans or their dependants. The Queensland Veterans’ Council administers the Fund, may accept gifts and sell property, and must decide applications; State grants (initially $795,000) are paid annually and indexed by Brisbane CPI with a $795,000 floor. The council must meet its administration costs from the Fund first.
This Act declares 25 April each year as Anzac Day and makes it a holiday throughout Queensland (s 3). It preserves trading and public-amusement restrictions by reference to the Trading (Allowable Hours) Act 1990, part 6 (s 3). The Act establishes the Anzac Day Trust Fund (the Fund) (s 8), and vests administration and payment powers in the Queensland Veterans’ Council (the council) as defined in s 2 and given a statutory function under s 8A. The council must consider applications for payments out of the Fund and may make payments for specified purposes, notably housing and care for aged persons who served in defence forces, welfare for spouses and children of deceased service personnel, and grants to institutions or organisations whose membership or object principally concerns veterans or their dependants (s 9). The council may accept gifts of property and must pay payments, gifts and proceeds from sales into the Fund (s 12). Administrative costs of the council are to be paid from the Fund before other payments (s 9). The State is required to pay an annual grant into the Fund, starting from an initial grant of $795,000 for 1998-1999, with subsequent grants adjusted by a CPI formula tied to the Brisbane all-groups consumer price index and subject to a floor so the grant cannot fall below $795,000 (s 13). The Governor in Council may make regulations under the Act (s 31). Transitional provisions address references to the repealed Anzac Day Act 1921 (s 32) and provide for the abolition of the former Anzac Day Trust and Board and the continuation of undecided applications on transfer to the new council (ss 33-35), in the context of amendments effected by the Queensland Veterans’ Council Act 2021 (see s 8A and ss 33-35).
Mechanically, the Act creates a statutory vehicle for commemorating Anzac Day and for pooling public (and private) monies into a dedicated trust fund administered by the veterans’ council, with statutory eligibility categories for distributions and a legislated recurrent state funding stream. It gives the council discretion to accept gifts and to make payments within the statutory categories, and it requires administrative costs to be covered from the Fund before grant-making. The Act also delegates regulation-making authority to the Governor in Council (s 31). The 2021 amendments restructured the administration by making the Queensland Veterans’ Council the administering body (s 8A) and abolished the former Trust and Board with transitional arrangements for applications (ss 33-35). The Act does not, on its face, set out detailed procedural rights of applicants, appeal routes, or offence provisions; those operational matters may now be governed by the Queensland Veterans’ Council Act 2021 and any regulations made under this Act (s 31).
Current sections
Direct links to the current provisions in Anzac Day Act 1995.
48
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Anzac Day Act 1995 .
sec.2
Definitions
sec.2 Definitions
In this Act—
Board ...
s 2 def Board om 2021 No. 21 s 69 (1)
council means the Queensland Veterans’ Council established under the Queensland Veterans’ Council Act 2021 , section 5 .
s 2 def council ins 2021 No. 21 s 69 (2)
Fund means the Anzac Day Trust Fund.
home means a place where accommodation, daily meals or nursing care are provided (including associated maintenance and administration facilities and services).
Trust ...
s 2 def Trust om 2021 No. 21 s 69 (1)
pt.2
Commemoration of Anzac Day
Commemoration of Anzac Day
sec.3
Anzac Day to be commemorated etc.
sec.3 Anzac Day to be commemorated etc.
Anzac Day is to be commemorated on 25 April each year and is a holiday throughout Queensland.
The Trading (Allowable Hours) Act 1990 , part 6 requires the closing of most factories and shops, prohibits the selling of real estate, and generally requires places of public amusement not to open before 1.30p.m. on Anzac Day.
pt.3
Anzac Day Trust Fund
Anzac Day Trust Fund
pt.3-div.1
Administration of the Fund
Administration of the Fund
sec.4
Section sec.4
s 4 om 2021 No. 21 s 72
sec.5
Section sec.5
s 5 amd 1996 No. 54 s 9 sch ; 2009 No. 9 s 136 sch 1
om 2021 No. 21 s 72
sec.6
Section sec.6
s 6 amd 2001 No. 45 s 29 sch 3
om 2021 No. 21 s 72
sec.8
The Fund
sec.8 The Fund
There is a fund called the Anzac Day Trust Fund.
sec.8A
Function of the council
sec.8A Function of the council
The council has the function to administer the Fund under this Act and the Queensland Veterans’ Council Act 2021 .
s 8A (prev s 7) sub 2021 No. 21 s 73 (1)
renum and reloc 2021 No. 21 s 73 (2)
sec.9
Payments by council
sec.9 Payments by council
The council must consider applications made to the council for payments out of the Fund under subsection (2) .
The council may make payments for the following purposes—
for aged persons who served Australia in its defence forces—
to maintain, alter and improve homes; or
to acquire land on which to erect or build homes; or
to erect and build homes on land acquired for the purpose or otherwise held by the council; or
to acquire homes; or
to maintain and care for them in homes;
the welfare of spouses and children of deceased persons who served Australia in its defence forces;
to institutions, organisations or associations that have as their sole or main object or activity the giving of help or support to, or whose membership consists of or includes—
persons who served Australia in its defence forces in time of war or armed conflict; or
anyone now a Queensland resident who served in the defence forces of a country or power allied or associated with Australia—
in a war in which Australia was involved; or
in a conflict, which the council considers to have the attributes of a war in which Australia was or is involved; or
a dependant of a person mentioned in subparagraph (i) or (ii) .
However, payments out of the Fund under subsection (2) may only be made after the costs incurred by the council in administering the Fund are paid out of the Fund.
s 9 amd 2021 No. 21 s 74
(sec.9-ssec.1) The council must consider applications made to the council for payments out of the Fund under subsection (2) .
(sec.9-ssec.2) The council may make payments for the following purposes— for aged persons who served Australia in its defence forces— to maintain, alter and improve homes; or to acquire land on which to erect or build homes; or to erect and build homes on land acquired for the purpose or otherwise held by the council; or to acquire homes; or to maintain and care for them in homes; the welfare of spouses and children of deceased persons who served Australia in its defence forces; to institutions, organisations or associations that have as their sole or main object or activity the giving of help or support to, or whose membership consists of or includes— persons who served Australia in its defence forces in time of war or armed conflict; or anyone now a Queensland resident who served in the defence forces of a country or power allied or associated with Australia— in a war in which Australia was involved; or in a conflict, which the council considers to have the attributes of a war in which Australia was or is involved; or a dependant of a person mentioned in subparagraph (i) or (ii) .
(sec.9-ssec.3) However, payments out of the Fund under subsection (2) may only be made after the costs incurred by the council in administering the Fund are paid out of the Fund.
(a) for aged persons who served Australia in its defence forces— (i) to maintain, alter and improve homes; or (ii) to acquire land on which to erect or build homes; or (iii) to erect and build homes on land acquired for the purpose or otherwise held by the council; or (iv) to acquire homes; or (v) to maintain and care for them in homes;
(i) to maintain, alter and improve homes; or
(ii) to acquire land on which to erect or build homes; or
(iii) to erect and build homes on land acquired for the purpose or otherwise held by the council; or
(iv) to acquire homes; or
(v) to maintain and care for them in homes;
(b) the welfare of spouses and children of deceased persons who served Australia in its defence forces;
(c) to institutions, organisations or associations that have as their sole or main object or activity the giving of help or support to, or whose membership consists of or includes— (i) persons who served Australia in its defence forces in time of war or armed conflict; or (ii) anyone now a Queensland resident who served in the defence forces of a country or power allied or associated with Australia— (A) in a war in which Australia was involved; or (B) in a conflict, which the council considers to have the attributes of a war in which Australia was or is involved; or (iii) a dependant of a person mentioned in subparagraph (i) or (ii) .
(i) persons who served Australia in its defence forces in time of war or armed conflict; or
(ii) anyone now a Queensland resident who served in the defence forces of a country or power allied or associated with Australia— (A) in a war in which Australia was involved; or (B) in a conflict, which the council considers to have the attributes of a war in which Australia was or is involved; or
(A) in a war in which Australia was involved; or
(B) in a conflict, which the council considers to have the attributes of a war in which Australia was or is involved; or
(iii) a dependant of a person mentioned in subparagraph (i) or (ii) .
(i) to maintain, alter and improve homes; or
(ii) to acquire land on which to erect or build homes; or
(iii) to erect and build homes on land acquired for the purpose or otherwise held by the council; or
(iv) to acquire homes; or
(v) to maintain and care for them in homes;
(i) persons who served Australia in its defence forces in time of war or armed conflict; or
(ii) anyone now a Queensland resident who served in the defence forces of a country or power allied or associated with Australia— (A) in a war in which Australia was involved; or (B) in a conflict, which the council considers to have the attributes of a war in which Australia was or is involved; or
(A) in a war in which Australia was involved; or
(B) in a conflict, which the council considers to have the attributes of a war in which Australia was or is involved; or
(iii) a dependant of a person mentioned in subparagraph (i) or (ii) .
(A) in a war in which Australia was involved; or
(B) in a conflict, which the council considers to have the attributes of a war in which Australia was or is involved; or
sec.10
Section sec.10
s 10 om 2021 No. 21 s 75
sec.11
Section sec.11
s 11 om 1996 No. 54 s 9 sch
sec.12
Gifts to council
sec.12 Gifts to council
The council may accept a gift of property regardless of how it is held.
The council may sell property not in the form of money.
A payment under this Act, a gift of money, or the proceeds of the sale of property, received by the council must be paid into the Fund.
s 12 amd 2021 No. 21 s 76
(sec.12-ssec.1) The council may accept a gift of property regardless of how it is held.
(sec.12-ssec.2) The council may sell property not in the form of money.
(sec.12-ssec.3) A payment under this Act, a gift of money, or the proceeds of the sale of property, received by the council must be paid into the Fund.
pt.3-div.2
Annual grant to Anzac Day Trust Fund
Annual grant to Anzac Day Trust Fund
sec.13
Payments to council
sec.13 Payments to council
The State is to pay an annual grant to the council.
The grant is payable for each financial year and is to be paid as soon as possible after the end of the relevant financial year.
The first grant under this section is to be made for the financial year 1998–1999 (the initial grant ).
The initial grant is $795,000.
The amount of each grant paid after the initial grant is to be calculated using the formula—
In the formula—
A is the amount of the grant paid to the council for the previous financial year.
B is the CPI number published for the March quarter in the financial year for which the grant is to be paid.
C is the CPI number published for the March quarter in the financial year preceding the financial year for which the grant is to be paid.
If in a particular financial year, the calculation of the grant would reduce it below $795,000, the grant must be the same as the grant for the previous financial year.
The amount of a grant paid under this section may be increased by not more than the GST payable for a supply made by the council relating to the payment of the grant.
In this section—
CPI means the all groups consumer price index for Brisbane published by the Australian statistician.
s 13 sub 1999 No. 64 s 3
amd 2000 No. 20 s 29 sch 3 ; 2021 No. 21 s 77
(sec.13-ssec.1) The State is to pay an annual grant to the council.
(sec.13-ssec.2) The grant is payable for each financial year and is to be paid as soon as possible after the end of the relevant financial year.
(sec.13-ssec.3) The first grant under this section is to be made for the financial year 1998–1999 (the initial grant ).
(sec.13-ssec.4) The initial grant is $795,000.
(sec.13-ssec.5) The amount of each grant paid after the initial grant is to be calculated using the formula—
(sec.13-ssec.6) In the formula— A is the amount of the grant paid to the council for the previous financial year. B is the CPI number published for the March quarter in the financial year for which the grant is to be paid. C is the CPI number published for the March quarter in the financial year preceding the financial year for which the grant is to be paid.
(sec.13-ssec.7) If in a particular financial year, the calculation of the grant would reduce it below $795,000, the grant must be the same as the grant for the previous financial year.
(sec.13-ssec.8) The amount of a grant paid under this section may be increased by not more than the GST payable for a supply made by the council relating to the payment of the grant.
(sec.13-ssec.9) In this section— CPI means the all groups consumer price index for Brisbane published by the Australian statistician.
sec.14
Section sec.14
s 14 om 1999 No. 64 s 3
sec.15
Section sec.15
s 15 amd 1997 No. 1 s 495 sch 4
om 1999 No. 64 s 3
pt.3-div.3
sec.16
Section sec.16
s 16 om 2021 No. 21 s 78
sec.17
Section sec.17
s 17 om 2021 No. 21 s 78
sec.18
Section sec.18
s 18 om 2021 No. 21 s 78
sec.19
Section sec.19
s 19 om 2021 No. 21 s 78
pt.3-div.4
sec.20
Section sec.20
s 20 om 2021 No. 21 s 78
sec.21
Section sec.21
s 21 om 2021 No. 21 s 78
sec.22
Section sec.22
s 22 amd 2008 No. 67 s 298
om 2021 No. 21 s 78
sec.23
Section sec.23
s 23 om 2021 No. 21 s 78
sec.24
Section sec.24
s 24 om 2021 No. 21 s 78
pt.3-div.5
sec.25
Section sec.25
s 25 om 2021 No. 21 s 78
sec.26
Section sec.26
s 26 om 2021 No. 21 s 78
sec.27
Section sec.27
s 27 om 2021 No. 21 s 78
pt.3-div.6
sec.28
Section sec.28
s 28 om 2021 No. 21 s 78
sec.29
Section sec.29
s 29 om 2021 No. 21 s 78
sec.30
Section sec.30
s 30 om 2021 No. 21 s 78
pt.4
Miscellaneous
Miscellaneous
sec.31
Regulations
sec.31 Regulations
The Governor in Council may make regulations under this Act.
pt.5
Transitional provisions
Transitional provisions
pt.5-div.1
Transitional provision for Act No. 4 of 1995
Transitional provision for Act No. 4 of 1995
sec.32
Anzac Day Act 1921 references
sec.32 Anzac Day Act 1921 references
In an Act or document, a reference to the Anzac Day Act 1921 may, if the context permits, be taken to be a reference to this Act.
s 32 ins 1995 No. 57 s 4 sch 2
pt.5-div.2
Transitional provisions for Queensland Veterans’ Council Act 2021
Transitional provisions for Queensland Veterans’ Council Act 2021
sec.33
Definition for division
sec.33 Definition for division
In this division—
former Trust means the Anzac Day Trust under this Act immediately before the commencement.
s 33 prev s 33 ins 1999 No. 64 s 5
exp 31 December 1999 (see s 33(2))
pres s 33 ins 2021 No. 21 s 81
sec.34
Abolition of former Trust
sec.34 Abolition of former Trust
On the commencement—
the former Trust is abolished; and
See the Queensland Veterans’ Council Act 2021 , part 7 for provisions about the succession of the former Trust.
the former Board is abolished; and
each person holding office as the chairperson of the former Trust, a trustee of the former Board and the former secretary goes out of office.
No compensation is payable to the chairperson, a trustee or the former secretary because of this section.
In this section—
former Board means the Board under this Act immediately before the commencement.
former secretary means the secretary to the former Trust under this Act immediately before the commencement.
s 34 ins 2021 No. 21 s 81
(sec.34-ssec.1) On the commencement— the former Trust is abolished; and See the Queensland Veterans’ Council Act 2021 , part 7 for provisions about the succession of the former Trust. the former Board is abolished; and each person holding office as the chairperson of the former Trust, a trustee of the former Board and the former secretary goes out of office.
(sec.34-ssec.2) No compensation is payable to the chairperson, a trustee or the former secretary because of this section.
(sec.34-ssec.3) In this section— former Board means the Board under this Act immediately before the commencement. former secretary means the secretary to the former Trust under this Act immediately before the commencement.
(a) the former Trust is abolished; and Note— See the Queensland Veterans’ Council Act 2021 , part 7 for provisions about the succession of the former Trust.
(b) the former Board is abolished; and
(c) each person holding office as the chairperson of the former Trust, a trustee of the former Board and the former secretary goes out of office.
sec.35
Undecided applications
sec.35 Undecided applications
This section applies if—
before the commencement, a person made an application to the former Trust under former section 9; and
immediately before the commencement, the application had not been decided.
On the commencement, the application continues as if it had been made to the council under section 9.
In this section—
former section 9 means section 9 as in force from time to time before the commencement.
s 35 ins 2021 No. 21 s 81
(sec.35-ssec.1) This section applies if— before the commencement, a person made an application to the former Trust under former section 9; and immediately before the commencement, the application had not been decided.
(sec.35-ssec.2) On the commencement, the application continues as if it had been made to the council under section 9.
(sec.35-ssec.3) In this section— former section 9 means section 9 as in force from time to time before the commencement.
(a) before the commencement, a person made an application to the former Trust under former section 9; and
(b) immediately before the commencement, the application had not been decided.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Anzac Day Act 1995 .
sec.2 Definitions
sec.2 Definitions
In this Act—
Board ...
s 2 def Board om 2021 No. 21 s 69 (1)
council means the Queensland Veterans’ Council established under the Queensland Veterans’ Council Act 2021 , section 5 .
s 2 def council ins 2021 No. 21 s 69 (2)
Fund means the Anzac Day Trust Fund.
home means a place where accommodation, daily meals or nursing care are provided (including associated maintenance and administration facilities and services).
Trust ...
s 2 def Trust om 2021 No. 21 s 69 (1)
pt.2 Commemoration of Anzac Day
Commemoration of Anzac Day
sec.3 Anzac Day to be commemorated etc.
sec.3 Anzac Day to be commemorated etc.
Anzac Day is to be commemorated on 25 April each year and is a holiday throughout Queensland.
The Trading (Allowable Hours) Act 1990 , part 6 requires the closing of most factories and shops, prohibits the selling of real estate, and generally requires places of public amusement not to open before 1.30p.m. on Anzac Day.
pt.3 Anzac Day Trust Fund
Anzac Day Trust Fund
pt.3-div.1 Administration of the Fund
Administration of the Fund
Section sec.4
s 4 om 2021 No. 21 s 72
Section sec.5
s 5 amd 1996 No. 54 s 9 sch ; 2009 No. 9 s 136 sch 1
om 2021 No. 21 s 72
Section sec.6
s 6 amd 2001 No. 45 s 29 sch 3
om 2021 No. 21 s 72
sec.8 The Fund
sec.8 The Fund
There is a fund called the Anzac Day Trust Fund.
sec.8A Function of the council
sec.8A Function of the council
The council has the function to administer the Fund under this Act and the Queensland Veterans’ Council Act 2021 .
s 8A (prev s 7) sub 2021 No. 21 s 73 (1)
renum and reloc 2021 No. 21 s 73 (2)
sec.9 Payments by council
sec.9 Payments by council
The council must consider applications made to the council for payments out of the Fund under subsection (2) .
The council may make payments for the following purposes—
for aged persons who served Australia in its defence forces—
to maintain, alter and improve homes; or
to acquire land on which to erect or build homes; or
to erect and build homes on land acquired for the purpose or otherwise held by the council; or
to acquire homes; or
to maintain and care for them in homes;
the welfare of spouses and children of deceased persons who served Australia in its defence forces;
to institutions, organisations or associations that have as their sole or main object or activity the giving of help or support to, or whose membership consists of or includes—
persons who served Australia in its defence forces in time of war or armed conflict; or
anyone now a Queensland resident who served in the defence forces of a country or power allied or associated with Australia—
in a war in which Australia was involved; or
in a conflict, which the council considers to have the attributes of a war in which Australia was or is involved; or
a dependant of a person mentioned in subparagraph (i) or (ii) .
However, payments out of the Fund under subsection (2) may only be made after the costs incurred by the council in administering the Fund are paid out of the Fund.
s 9 amd 2021 No. 21 s 74
(sec.9-ssec.1) The council must consider applications made to the council for payments out of the Fund under subsection (2) .
(sec.9-ssec.2) The council may make payments for the following purposes— for aged persons who served Australia in its defence forces— to maintain, alter and improve homes; or to acquire land on which to erect or build homes; or to erect and build homes on land acquired for the purpose or otherwise held by the council; or to acquire homes; or to maintain and care for them in homes; the welfare of spouses and children of deceased persons who served Australia in its defence forces; to institutions, organisations or associations that have as their sole or main object or activity the giving of help or support to, or whose membership consists of or includes— persons who served Australia in its defence forces in time of war or armed conflict; or anyone now a Queensland resident who served in the defence forces of a country or power allied or associated with Australia— in a war in which Australia was involved; or in a conflict, which the council considers to have the attributes of a war in which Australia was or is involved; or a dependant of a person mentioned in subparagraph (i) or (ii) .
(sec.9-ssec.3) However, payments out of the Fund under subsection (2) may only be made after the costs incurred by the council in administering the Fund are paid out of the Fund.
Main concepts
The Act revolves around three core concepts: commemoration as a public holiday, the Anzac Day Trust Fund, and the statutory role of the veterans’ council in administering that Fund.
Commemoration and public-order settings. Section 3 commands commemoration on 25 April and declares it a public holiday throughout Queensland. The Act cross-references the Trading (Allowable Hours) Act 1990, part 6, which prescribes closures of most factories and shops, prohibition on selling real estate, and limits on public amusements on Anzac Day. The Act itself is light on operational constraints, instead relying on the existing trading-regime statute.
The Fund and its sources. Section 8 creates the Anzac Day Trust Fund. Section 12 authorises the council to accept gifts in any form, to sell non-monetary property, and requires that payments under the Act, gifts of money and sale proceeds be paid into the Fund (s 12). Section 13 establishes a legislated State grant flowing annually into the Fund, with an initial quantum ($795,000 for 1998-1999) and a defined CPI-indexation formula for subsequent years, subject to a non-declining floor and an allowance for GST where relevant (s 13). These provisions create a predictable revenue stream supplemented by voluntary gifts and asset realisations, with the Fund both receiving and disbursing monies under the Act.
Eligibility, discretion and expenditure priorities. Section 9 imposes a duty on the council to consider applications for payments and authorises payments for narrowly enumerated purposes: housing (to acquire, build, alter, maintain homes) and care for aged persons who served in defence forces; welfare for spouses and children of deceased service persons; and payments to institutions or organisations whose primary object or membership relates to veterans or their dependants (s 9). For allied-service recipients the Act requires the applicant to be a present Queensland resident who served in the defence forces of a country allied with Australia in a war in which Australia was involved, or in a conflict that the council considers to have the attributes of such a war (s 9(c)(ii)). The Act expressly requires that payments be made only after the council’s administration costs are paid out of the Fund (s 9).
Institutional placement and transition. The council’s function to administer the Fund is given in s 8A and the definition of council in s 2 links to the Queensland Veterans’ Council established under the Queensland Veterans’ Council Act 2021 (s 2 def). Transitional provisions (ss 33-35) abolish the former Trust and Board and move undecided applications to the council (s 35), signalling that many operational arrangements have migrated to or are to be read with the Queensland Veterans’ Council Act 2021.
Delegation and subordinate instruments. The Act authorises regulations by the Governor in Council (s 31), permitting the executive to set detail by regulation. The Act itself contains minimal procedural or sanctions provisions beyond grant mechanics, leaving subordinate legislation and the QVCA 2021 to fill operational gaps.
These concepts combine to create a funding-administration architecture: a statutory fund with both public and private revenue sources; statutory beneficiaries and purposes; an administering council with discretion to decide applications; indexation and a guaranteed funding floor; and powers to make further rules by regulation.
Who it affects
The Act identifies several discrete groups who are directly affected.
Primary beneficiaries and applicants under s 9:
Aged persons who served Australia in its defence forces, for whom the council may make payments to maintain, alter, improve or acquire homes, to erect or build homes on land acquired or held by the council, to acquire homes, or to maintain and care for them in homes (s 9(a)). These are direct recipients of housing and care-related payments.
Spouses and children of deceased persons who served Australia in its defence forces, who are eligible for welfare payments (s 9(b)).
Institutions, organisations or associations whose sole or main object or activity is giving help or support to, or whose membership consists of or includes, persons who served Australia in its defence forces in time of war or armed conflict (s 9(c)(i)), Queensland residents who served in allied forces in relevant wars or conflicts (s 9(c)(ii)), or dependants of such persons (s 9(c)(iii)). These entities may receive payments to support their activities or constituencies.
Persons who served in allied or associated forces are expressly included, but with residency and council-assessment conditions: the Act applies to “anyone now a Queensland resident who served in the defence forces of a country or power allied or associated with Australia … in a war in which Australia was involved; or in a conflict, which the council considers to have the attributes of a war” (s 9(c)(ii)). The inclusion of the council’s evaluative clause introduces an administrative gate as to which conflicts qualify.
Administrative and funding parties:
The Queensland Veterans’ Council is the administering body (s 8A; s 2 def council points to the Queensland Veterans’ Council Act 2021, s 5). It decides on applications, accepts gifts, sells property and administers the Fund (ss 8A, 9, 12).
The State of Queensland is the payer of an annual grant under s 13 and therefore is a primary funder. The grant mechanics (initial amount, CPI-indexation, floor, GST allowance) determine the Fund’s revenue profile (s 13).
Other affected parties:
Donors and holders of property who may make gifts to the council, because s 12 permits receipt and sale of property in any form and mandates that such receipts be paid into the Fund.
Vendors and businesses subject to the Trading (Allowable Hours) Act 1990 part 6 restrictions on Anzac Day, who face operational restrictions on 25 April as noted in s 3 by reference to the trading legislation.
Persons who had pending applications with the former Trust immediately before the commencement of the Queensland Veterans’ Council Act 2021’s relevant provisions: those applications continue as if made to the council (s 35), so applicants affected by the institutional changeover are covered.
Indirectly affected groups include treasury and budget officers due to the State’s grant obligation (s 13) and organisations that previously received support from the former Trust or Board, because the former Board and Trust were abolished on commencement and no compensation is payable to former office-holders (s 34). The abolition and succession provisions (s 34 and related references to the Queensland Veterans’ Council Act 2021, part 7) affect institutional incumbents and require administrative transition.
Who decides and who pays: the council is the decision-maker for disbursements (s 8A, s 9); the State pays the annual grant to the council (s 13). Applicants must therefore engage with the council and its processes; donors interact with the council as custodian of the Fund (s 12).
Key duties and rights
The Act imposes duties on state actors and grants rights to recipients and to the council.
Duties imposed on the council:
Administration: The council has the function to administer the Fund under this Act and the Queensland Veterans’ Council Act 2021 (s 8A). That function carries a duty to manage Fund receipts and outlays consistent with statutory purposes.
Consideration and discretion: The council must consider applications made to it for payments out of the Fund (s 9(1)). It has an express power to make payments for the purposes listed in s 9(2). The statutory language is permissive,“may make payments”,so the Act confers discretion rather than a payment entitlement per se.
Receipt and custody: The council may accept gifts of property in any form, may sell non-monetary property (s 12(1)-(2)), and is required to deposit payments under the Act, gifts of money, or sale proceeds into the Fund (s 12(3)).
Duties on the State:
Annual grant: The State must pay an annual grant to the council for each financial year and is to pay it “as soon as possible after the end of the relevant financial year” (s 13(1)-(2)). The initial grant amount and the formula for subsequent grants are prescribed (s 13(3)-(8)). The grant mechanics create an obligation on the State’s Budget processes to provide the grant amount.
Fiscal mechanics and priorities:
Administrative costs take priority: Payments out of the Fund under s 9 may only be made after the costs incurred by the council in administering the Fund are paid out of the Fund (s 9(3)). This is a self-funding prioritisation: the Fund finances administration first, then beneficiary payments.
Rights and constraints for applicants and beneficiaries:
Eligibility categories: Applicants have a statutory right to have their application considered for the enumerated categories in s 9. The Act does not create an automatic entitlement to payment; it requires consideration and gives the council discretionary power to make payments for specified purposes.
Continuity of pending applications: A person with an undecided application to the former Trust before commencement has the application continued as if made to the council under s 9 (s 35), protecting application rights through institutional transition.
Regulatory and executive powers:
Regulation-making: The Governor in Council may make regulations under this Act (s 31). Regulations can impose duties or rights not set out in the statutory text, subject to the usual limits on delegated legislation.
Limitations and omissions apparent in the text:
No statutory appeals or review procedure is specified in this Act for council decisions; the Act simply requires the council to consider applications and permits payments (s 9). The scope for procedural requirements, merits review or appeals may therefore depend on the Queensland Veterans’ Council Act 2021 or general administrative law outside this Act.
The Act gives the council discretion to determine whether a conflict “has the attributes of a war” in the context of allied forces (s 9(c)(ii)), an evaluative judgement that shapes eligibility.
In short, the council is duty-bound to administer the Fund, to receive and hold monies, and to consider and may (but need not) make payments within enumerated categories, subject to the priority that its administrative costs be paid from the Fund first. The State is duty-bound to provide the annual grant according to the defined formula and timing.
Penalties and enforcement
The Act, as provided, contains no express offence or penalty provisions tied to the Fund, application process, or misuse of the Fund. The only express enforcement-related provision is the statutory authorisation for regulations (s 31), which potentially allows the Governor in Council to create offences or enforcement mechanisms by subordinate legislation. However, the Act itself does not specify any penalties, sanctions, or administrative enforcement machinery.
What the Act does provide regarding enforceable obligations:
Financial obligations are statutory in respect of the State’s grant (s 13). The State is “to pay” an annual grant and to do so “as soon as possible after the end of the relevant financial year” (s 13(1)-(2)). The Act does not supply a penalty for non-payment, nor does it provide a private right of action or procedure to compel payment; any remedies would depend on broader public-law doctrines or budgetary conventions, not internal penalty clauses in this Act.
The council has the duty to pay monetary receipts into the Fund (s 12(3)) and to prioritise administration costs from the Fund before making payments to beneficiaries (s 9(3)). There are no specified sanctions in the Act for failure to comply with those duties.
Regulatory enforcement risk and route:
Section 31 authorises the Governor in Council to make regulations under the Act. Drafted regulations may create offences, require reporting, or set operational rules with penalties. The Act therefore contemplates enforcement instruments may exist, but none are set out in the principal Act text provided.
Administrative oversight and transitional clauses:
The transitional provision s 34 abolishes the former Trust and Board and notes that no compensation is payable to certain outgoing office-holders because of the abolition. This is an express limitation on contractual or re-employment claims tied to institutional change. That clause is a statutory bar to compensation, rather than a penalty; it imposes an outcome that affects rights to compensation.
Practical implications for enforcement:
Absent express statutory sanctions, enforcement of the council’s duties, the State’s grant obligation, or proper use of the Fund is likely to be exercised through administrative controls under the Queensland Veterans’ Council Act 2021, financial audit regimes, ministerial oversight, or regulations created under s 31 rather than direct criminal or civil penalty provisions in this Act. The Act’s silence on penalties means interested parties will need to examine the QVCA 2021 and any Regulations for detailed compliance enforcement mechanisms.
In sum, the Act establishes obligations and duties but leaves the specification of penalties and operational enforcement largely to secondary instruments and to associated legislative frameworks, rather than embedding them in the Act itself.
How it interacts with other laws
The Act is explicitly linked to several external legal instruments and public authorities, and it delegates or relies on other statutory frameworks for operational detail.
Trading and public-holiday regulation:
Section 3 declares Anzac Day a holiday across Queensland and expressly refers to the Trading (Allowable Hours) Act 1990, part 6, as providing for closures of factories and shops, prohibitions on selling real estate, and limiting public amusements on Anzac Day (s 3). The Anzac Day Act therefore relies on the state trading-hours framework for behavioural restrictions on that day rather than reproducing those rules.
Queensland Veterans’ Council Act 2021:
The definition of “council” in s 2 points to the Queensland Veterans’ Council established under the Queensland Veterans’ Council Act 2021, section 5. Section 8A also gives the council the function to administer the Fund under this Act and the Queensland Veterans’ Council Act 2021. Transitional provisions (ss 33-35) directly reference the QVCA 2021, and s 34 refers the reader to QVCA 2021 part 7 for provisions about succession of the former Trust (s 34). This interlocks the two statutes: the Anzac Day Act establishes the Fund and purposes; the QVCA 2021 provides institutional structure, succession, and likely procedural and governance details for the council’s operations.
Commonwealth statistical series and GST:
Section 13 uses the all groups consumer price index for Brisbane “published by the Australian statistician” as the indexation base for the State grant (s 13(9)). The Act therefore ties grant adjustments to a Commonwealth statistical output. Section 13 also allows the amount of a grant to be increased by not more than the GST payable for a supply made by the council relating to the payment of the grant (s 13(8)). Both provisions create dependencies on Commonwealth-level economic measures and the GST framework, which will affect calculations and payments.
Delegated legislation and executive power:
The Governor in Council may make regulations under this Act (s 31). That delegation creates an interface with the executive regulatory apparatus and the subordinate-legislation regime. The Act’s operational gaps may therefore be filled by regulations made under s 31 and subject to the usual parliamentary and judicial oversight of delegated legislation.
Transitional interplay with repealed instruments:
Section 32 allows references to the Anzac Day Act 1921 in other Acts or documents to be treated as references to this Act where context permits (s 32). This provision ensures legal documents and cross-references in other legislation continue to operate despite repeal of earlier enactments. The transitional sections (ss 33-35) coordinate the abolition of the former Trust and Board with their succession under the QVCA 2021.
Public finance and administrative law:
While the Act creates financial duties (a State grant obligation) and administrative functions (the council’s duty to consider applications), it does not itself prescribe review, appeal or audit mechanisms. The practical operation will therefore interact with public finance rules, Treasury processes for the grant, and general administrative-law principles that govern discretionary public decision-makers.
Practical consequence of these interactions:
To understand operational detail,governance, decision-making procedures, internal merits-review or appeals, audit, reporting, and staff delegation,practitioners will need to consult the Queensland Veterans’ Council Act 2021, any regulations made under s 31, the Trading (Allowable Hours) Act 1990 (for Anzac Day trading rules), and Commonwealth sources for CPI and GST calculation inputs. The Anzac Day Act supplies substantive eligibility and funding formulas but relies on other instruments for institutional and procedural detail.
Amendment history
The text includes inline amendment annotations and records the legislative scaffolding for several changes. The Act’s substantive skeleton remains: Anzac Day holiday declaration (s 3), the Fund (s 8), council administration (s 8A), payment objects (s 9), gift authority (s 12), annual grant mechanics (s 13), regulations power (s 31), and transitional provisions (ss 32-35). The published text records numerous amendments and omissions, which indicate legislative evolution; the key amendment markers in the text are as follows.
1995 instruments and transitional insertion: Section 32 was inserted by 1995 No. 57 s 4 sch 2, enabling references to the Anzac Day Act 1921 to be read as references to this Act (s 32 ins 1995 No. 57 s 4 sch 2). The initial Act citation is to Anzac Day Act 1995 (s 1).
Late-1990s insertions and initial funding: Section 13 was substituted in 1999 (sub 1999 No. 64 s 3). The initial grant and CPI formula language are flagged with that 1999 insertion (s 13 sub 1999 No. 64 s 3). There are other amendments noted in the annotations: s 13 amended 2000 No. 20 s 29 sch 3 and 2021 No. 21 s 77.
Various provisions were amended or omitted over time: Multiple sections are marked “om 2021 No. 21 s 72” or similar, indicating that the 2021 Queensland Veterans’ Council Act made significant structural changes, omitting some earlier sections (e.g. s 4, s 5, s 6, s 10, s 11, and many later-numbered sections). The 2021 amendments also introduced s 8A by renumbering and relocating previous provisions (s 8A prev s 7 sub 2021 No. 21 s 73(1); renum and reloc 2021 No. 21 s 73(2)).
Amendments affecting s 9: Section 9 shows amendments at various times, with notations of amendment by 1996 No. 54 s 9 sch, 2009 No. 9 s 136 sch 1, and 2021 No. 21 s 74 (s 9 amd 2021 No. 21 s 74). The clause retains the core eligibility categories but has been edited in successive rounds.
Other amendment citations: The text shows annotations for amendments or omissions across the Act referencing years and amendment numbers: 1996 No. 54, 1997 No. 1, 2001 No. 45, 2008 No. 67, 2009 No. 9 and the comprehensive 2021 No. 21 package. Specific sections such as s 12 and s 13 include explicit amendment citations (s 12 amd 2021 No. 21 s 76; s 13 amd 2021 No. 21 s 77).
2021 structural reform and succession: The Queensland Veterans’ Council Act 2021 effected a structural realignment. The Act’s 2021 amendments abolished the former Trust and Board, transferred administration to the Queensland Veterans’ Council (s 8A), and enacted transitional provisions that moved undecided applications to the new council (ss 33-35). Section 34 (ins 2021 No. 21 s 81) specifically abolishes the former Trust and Board and provides that former office-holders go out of office without compensation (s 34(2)). Section 35 (ins 2021 No. 21 s 81) continues undecided applications to the council.
The Act’s printed annotations show that its present operation is the product of iterative amendment, with the 1999 insertion of the grant formula and the 2021 Queensland Veterans’ Council Act being particularly consequential. Those annotations are part of the statute text and indicate where operational detail has been relocated or repealed.
Readers should consult the consolidated statute and the Queensland Veterans’ Council Act 2021 for the operative wording and to verify which historical provisions have been omitted or replaced. The Act’s own transitional provisions (ss 33-35) direct one to QVCA 2021 part 7 for provisions about succession of the former Trust, signalling that the 2021 amendments are central to current governance.
Litigation history
The Act’s text does not record any case law or judicial decisions. No cases are cited within the statute as material to its interpretation or application. The statute itself does not specify internal appeal processes or judicial review pathways, nor does it reference tribunal regimes or specific enforcement litigation mechanisms.
What the statutory text does suggest about likely litigation domains, without naming cases, is the following:
Discretionary decisions: Section 9 requires the council to consider applications and permits it to make payments for enumerated purposes. The Act’s grant of discretion,“the council may make payments”,combined with evaluative language (for example, the council determining whether a conflict “has the attributes of a war” for allied-service eligibility (s 9(c)(ii))) creates a potential locus for administrative-law challenges. In practice, disagreements about whether the council exercised its discretion lawfully, applied the statutory criteria, or complied with required procedural fairness could give rise to merits or judicial-review proceedings. The Act itself does not specify appeal routes or merits-review steps, so remedies would depend on general administrative-law principles and the procedural architecture in the Queensland Veterans’ Council Act 2021 or relevant administrative review bodies.
Funding claims and public finance: Section 13 imposes a duty on the State to pay an annual grant according to a formula and to do so as soon as possible after the end of the financial year. If the State failed to make the grant, interested parties might seek relief through public-law remedies, but the Act contains no express private statutory enforcement mechanism. Any litigation in that space would likely engage public-law doctrines, standing questions and budgetary practice.
Transitional claims and compensation: Section 34 expressly declares that no compensation is payable to certain outgoing office-holders because of the abolition of the former Trust and Board. This express bar limits litigation prospects for those persons under the Act, though they might pursue contractual or other claims if contractual rights exist outside the statutory provision. The Act itself prohibits compensation “because of this section” (s 34(2)), which could be litigated if contested.
Material omissions: The Act leaves procedural detail to the Queensland Veterans’ Council Act 2021 and to regulations. Any litigation history relevant to the Fund’s administration or to council decisions will therefore be located in judicial treatment of the QVCA 2021 or of agency decisions by the council, not within this Act’s text.
Because the statute contains no litigation references, any researcher seeking litigation history must search case law and administrative decisions concerning the council, the Fund, or the operation of s 9 payments, and should review judicial decisions construing the QVCA 2021 for procedural and governance issues. The Act’s silence on appeals and penalties means that most enforcement and legal-review activity will be in the adjacent statutory and common-law frameworks rather than within the Anzac Day Act’s printed provisions.
Gotchas
Several features of the Act present practical traps, implementation frictions and points that require attention when advising clients, applicants, donors or public officials.
Discretion and indeterminacy in eligibility. Section 9 confers discretion,“the council may make payments”,rather than creating automatic entitlements. The council also judges whether certain conflicts “have the attributes of a war” when assessing allied-service eligibility (s 9(c)(ii)). That evaluative test is subjective and not elaborated in the Act, creating uncertainty for applicants who served in non-traditional conflicts or allied forces. Applicants must therefore anticipate discretionary assessment and potential variability in outcomes.
Administrative costs paid from the Fund before beneficiary payments. The Act requires that payments under s 9 may only be made after the council’s administration costs are paid out of the Fund (s 9(3)). This means the Fund’s net distributable amount will be reduced by administrative overheads. Donors and prospective beneficiaries should note that contributions are not fully available for grant-making if administrative spend is significant.
Timing of State grant payments and cashflow misalignment. The State’s grant is payable “as soon as possible after the end of the relevant financial year” (s 13(2)). The formula links the grant to the previous year and to March-quarter CPI figures, meaning in practice the council will receive funding after year-end. That timing can create cashflow issues for projects requiring funds during the financial year. The law does not require advance payments or interim disbursements.
CPI and floor mechanics: indexation uses the Brisbane all-groups CPI published by the Australian statistician (s 13). The formula prevents the grant from falling below $795,000 if indexation would otherwise reduce it (s 13(7)). That floor creates a non-declining base but also a potential ratchet effect where nominal amounts can be maintained even if real cost pressures differ across beneficiary needs. The GST allowance (s 13(8)) adds a further calculation element when the council supplies goods or services relating to grant payment.
Gifts acceptance and conversion. The council may accept gifts “regardless of how it is held” and may sell property not in the form of money (s 12(1)-(2)). While flexible, this requires the council to handle in-kind assets, manage conversions, and correctly apply proceeds to the Fund (s 12(3)). Donors and their advisors should be aware of tax and legal consequences of gifting property versus money; the Act places custody and disposal responsibilities on the council.
Regulatory gap on procedure, appeals and sanctions. The Act is silent on procedural rights, decision-making timelines, merits review and sanctions for misuse or failure to comply. The Act authorises regulations (s 31) and references the Queensland Veterans’ Council Act 2021 for institutional detail, but a standalone reader may assume procedural protections that the Act does not guarantee. Practitioners should consult the QVCA 2021 and any regulations for the operational regime.
Transitional abolition without compensation. Section 34 abolishes the former Trust and Board and removes compensation rights for outgoing office-holders “because of this section” (s 34(2)). Individuals who expect transitional protections or compensation should note the statutory bar. The Act does provide for continuation of undecided applications to the new council (s 35), but office-holders’ employment or appointment rights were curtailed by the abolition clause.
Reliance on external indices and GST. The grant calculation depends on Commonwealth CPI publications and GST constructs. Small calculation errors can materially change the grant; practitioners must ensure accurate CPI numbers (Brisbane) and correct GST treatment when computing entitlements (s 13).
Potential compliance and audit obligations located elsewhere. Because the Act delegates many operational matters to the council and to regulations or the QVCA 2021, actual reporting, audit and compliance obligations may be imposed by those instruments rather than by the Act itself. Users must search those sources for financial controls, record-keeping and reporting timelines.
References to the historic Anzac Day Act 1921. Section 32 allows references to the 1921 Act in other statutes or documents to be read as references to this Act “if the context permits” (s 32). This is useful for construing legacy instruments, but the “if the context permits” caveat can create interpretive complexity where older instruments used different governance constructs.
These “gotchas” underscore that the Act provides the legal framework for the Fund and its eligible uses but leaves substantial operational detail, procedural protections and enforcement machinery to the Queensland Veterans’ Council Act 2021 and to regulations. Stakeholders should not assume comprehensive procedural rights or advance funding simply from this Act’s text.
How to comply
For applicants, donors, council staff and advisors, compliance has several practical strands grounded in the Act.
Who to approach and application jurisdiction:
Address applications and gifts to the Queensland Veterans’ Council, which the Act identifies as the administering body (s 8A and s 2 def). Section 9 requires the council to consider applications for payments out of the Fund.
Eligibility and application preparation:
Align requests with the statutory purposes in s 9. For housing and care for aged service personnel, focus on the enumerated housing-related purposes in s 9(a). For welfare support, target spouses and children of deceased service personnel per s 9(b). For institutional funding, ensure the organisation’s main object or membership corresponds to the categories in s 9(c) (persons who served Australia in war or armed conflict; Queensland residents who served allied forces in qualifying wars or conflicts; dependants of such persons).
Anticipate discretionary assessment. The council “may make payments” rather than being required to pay, and it assesses allied-service conflicts on whether they “have the attributes of a war” (s 9(c)(ii)). Applications should therefore present clear factual material demonstrating how the applicant meets statutory criteria and how a particular conflict aligns with the Act’s framing.
Timing and cashflow:
Expect State grants to be paid after the end of the financial year (s 13(2)). If a project or beneficiary requires funds during a financial year, plan for internal bridging finance or confirm whether the council has reserves, fundraising capacity or other mechanisms. The Fund’s receipts and timing will affect availability because administrative costs are paid from the Fund first (s 9(3)).
Gifts and property:
If donating property, notify the council and provide clear title and documentation; the council may accept gifts in any form and may sell non-monetary property, with proceeds required to be paid into the Fund (s 12(1)-(3)). Donors and legal advisors should coordinate with the council on transfer mechanics, valuation, and any tax implications, while recognising the statutory requirement that proceeds enter the Fund.
Record-keeping and administration:
The Act requires that payments under the Act, gifts of money, and proceeds from the sale of property be paid into the Fund (s 12(3)), so the council must keep financial records to trace these amounts. While the Act does not specify reporting formats or audit timetables, these likely exist in the Queensland Veterans’ Council Act 2021 or in regulations under s 31. Council staff should consult those instruments and established public-sector financial-accounting rules to ensure compliance.
Grant accounting:
Use the CPI formula in s 13 to compute the annual grant. The formula references A (previous year’s grant), B and C (CPI numbers for the March quarters of successive financial years), and provides a floor at $795,000 to prevent reduction below that amount (s 13(5)-(7)). Also allow up to the GST payable where a supply by the council relates to the payment of the grant (s 13(8)). Treasury and finance teams should verify CPI numbers as published by the Australian statistician and document calculations.
Transitional applications and institutional changes:
If an application was pending with the former Trust immediately before the commencement of the QVCA 2021 succession provisions, the application continues as if made to the council under s 9 (s 35). Applicants and advisers should confirm the status of any pending application and, if necessary, re-submit or update documentation to the new council.
Regulatory compliance:
Check for regulations made under s 31 and for the operational rules in the Queensland Veterans’ Council Act 2021. These instruments may specify application forms, timelines, procedural rights, reporting obligations, financial controls and potential penalties. The Act’s silence about many procedural matters makes those instruments the likely source of compliance obligations.
Practical checklist for applicants and donors:
Confirm statutory eligibility under s 9 and gather documentary proof of service, residency (for allied-service applicants), family relationships (for spouses/children/dependants), and organisational objects/membership (for institutions).
Liaise early with the council to understand application forms, decision timelines, and whether the council requires additional documentation under the QVCA 2021 or regulations.
For donations of property, obtain legal advice on transfer mechanics and valuation; notify the council in advance to coordinate sale or acceptance and ensure proceeds are correctly credited to the Fund (s 12).
For councils and public officials, maintain clear accounting that segregates administrative costs paid from the Fund and documents grant-making decisions to meet audit and accountability expectations under the broader statutory framework.
For organisations planning projects dependent on Fund grants, build contingency funding given the State grant timing (post financial-year end) and the Fund’s administrative-first payment priority (s 9(3)).
In short, compliance requires working with the council, aligning applications to the statutory categories, understanding the Fund’s cashflow profile under s 13, and consulting the Queensland Veterans’ Council Act 2021 and any regulations under s 31 for procedural and reporting requirements.
(a) for aged persons who served Australia in its defence forces— (i) to maintain, alter and improve homes; or (ii) to acquire land on which to erect or build homes; or (iii) to erect and build homes on land acquired for the purpose or otherwise held by the council; or (iv) to acquire homes; or (v) to maintain and care for them in homes;
(i) to maintain, alter and improve homes; or
(ii) to acquire land on which to erect or build homes; or
(iii) to erect and build homes on land acquired for the purpose or otherwise held by the council; or
(iv) to acquire homes; or
(v) to maintain and care for them in homes;
(b) the welfare of spouses and children of deceased persons who served Australia in its defence forces;
(c) to institutions, organisations or associations that have as their sole or main object or activity the giving of help or support to, or whose membership consists of or includes— (i) persons who served Australia in its defence forces in time of war or armed conflict; or (ii) anyone now a Queensland resident who served in the defence forces of a country or power allied or associated with Australia— (A) in a war in which Australia was involved; or (B) in a conflict, which the council considers to have the attributes of a war in which Australia was or is involved; or (iii) a dependant of a person mentioned in subparagraph (i) or (ii) .
(i) persons who served Australia in its defence forces in time of war or armed conflict; or
(ii) anyone now a Queensland resident who served in the defence forces of a country or power allied or associated with Australia— (A) in a war in which Australia was involved; or (B) in a conflict, which the council considers to have the attributes of a war in which Australia was or is involved; or
(A) in a war in which Australia was involved; or
(B) in a conflict, which the council considers to have the attributes of a war in which Australia was or is involved; or
(iii) a dependant of a person mentioned in subparagraph (i) or (ii) .
(i) to maintain, alter and improve homes; or
(ii) to acquire land on which to erect or build homes; or
(iii) to erect and build homes on land acquired for the purpose or otherwise held by the council; or
(iv) to acquire homes; or
(v) to maintain and care for them in homes;
(i) persons who served Australia in its defence forces in time of war or armed conflict; or
(ii) anyone now a Queensland resident who served in the defence forces of a country or power allied or associated with Australia— (A) in a war in which Australia was involved; or (B) in a conflict, which the council considers to have the attributes of a war in which Australia was or is involved; or
(A) in a war in which Australia was involved; or
(B) in a conflict, which the council considers to have the attributes of a war in which Australia was or is involved; or
(iii) a dependant of a person mentioned in subparagraph (i) or (ii) .
(A) in a war in which Australia was involved; or
(B) in a conflict, which the council considers to have the attributes of a war in which Australia was or is involved; or
Section sec.10
s 10 om 2021 No. 21 s 75
Section sec.11
s 11 om 1996 No. 54 s 9 sch
sec.12 Gifts to council
sec.12 Gifts to council
The council may accept a gift of property regardless of how it is held.
The council may sell property not in the form of money.
A payment under this Act, a gift of money, or the proceeds of the sale of property, received by the council must be paid into the Fund.
s 12 amd 2021 No. 21 s 76
(sec.12-ssec.1) The council may accept a gift of property regardless of how it is held.
(sec.12-ssec.2) The council may sell property not in the form of money.
(sec.12-ssec.3) A payment under this Act, a gift of money, or the proceeds of the sale of property, received by the council must be paid into the Fund.
pt.3-div.2 Annual grant to Anzac Day Trust Fund
Annual grant to Anzac Day Trust Fund
sec.13 Payments to council
sec.13 Payments to council
The State is to pay an annual grant to the council.
The grant is payable for each financial year and is to be paid as soon as possible after the end of the relevant financial year.
The first grant under this section is to be made for the financial year 1998–1999 (the initial grant ).
The initial grant is $795,000.
The amount of each grant paid after the initial grant is to be calculated using the formula—
In the formula—
A is the amount of the grant paid to the council for the previous financial year.
B is the CPI number published for the March quarter in the financial year for which the grant is to be paid.
C is the CPI number published for the March quarter in the financial year preceding the financial year for which the grant is to be paid.
If in a particular financial year, the calculation of the grant would reduce it below $795,000, the grant must be the same as the grant for the previous financial year.
The amount of a grant paid under this section may be increased by not more than the GST payable for a supply made by the council relating to the payment of the grant.
In this section—
CPI means the all groups consumer price index for Brisbane published by the Australian statistician.
s 13 sub 1999 No. 64 s 3
amd 2000 No. 20 s 29 sch 3 ; 2021 No. 21 s 77
(sec.13-ssec.1) The State is to pay an annual grant to the council.
(sec.13-ssec.2) The grant is payable for each financial year and is to be paid as soon as possible after the end of the relevant financial year.
(sec.13-ssec.3) The first grant under this section is to be made for the financial year 1998–1999 (the initial grant ).
(sec.13-ssec.4) The initial grant is $795,000.
(sec.13-ssec.5) The amount of each grant paid after the initial grant is to be calculated using the formula—
(sec.13-ssec.6) In the formula— A is the amount of the grant paid to the council for the previous financial year. B is the CPI number published for the March quarter in the financial year for which the grant is to be paid. C is the CPI number published for the March quarter in the financial year preceding the financial year for which the grant is to be paid.
(sec.13-ssec.7) If in a particular financial year, the calculation of the grant would reduce it below $795,000, the grant must be the same as the grant for the previous financial year.
(sec.13-ssec.8) The amount of a grant paid under this section may be increased by not more than the GST payable for a supply made by the council relating to the payment of the grant.
(sec.13-ssec.9) In this section— CPI means the all groups consumer price index for Brisbane published by the Australian statistician.
Section sec.14
s 14 om 1999 No. 64 s 3
Section sec.15
s 15 amd 1997 No. 1 s 495 sch 4
om 1999 No. 64 s 3
Section sec.16
s 16 om 2021 No. 21 s 78
Section sec.17
s 17 om 2021 No. 21 s 78
Section sec.18
s 18 om 2021 No. 21 s 78
Section sec.19
s 19 om 2021 No. 21 s 78
Section sec.20
s 20 om 2021 No. 21 s 78
Section sec.21
s 21 om 2021 No. 21 s 78
Section sec.22
s 22 amd 2008 No. 67 s 298
om 2021 No. 21 s 78
Section sec.23
s 23 om 2021 No. 21 s 78
Section sec.24
s 24 om 2021 No. 21 s 78
Section sec.25
s 25 om 2021 No. 21 s 78
Section sec.26
s 26 om 2021 No. 21 s 78
Section sec.27
s 27 om 2021 No. 21 s 78
Section sec.28
s 28 om 2021 No. 21 s 78
Section sec.29
s 29 om 2021 No. 21 s 78
Section sec.30
s 30 om 2021 No. 21 s 78
pt.4 Miscellaneous
Miscellaneous
sec.31 Regulations
sec.31 Regulations
The Governor in Council may make regulations under this Act.
pt.5 Transitional provisions
Transitional provisions
pt.5-div.1 Transitional provision for Act No. 4 of 1995
Transitional provision for Act No. 4 of 1995
sec.32 Anzac Day Act 1921 references
sec.32 Anzac Day Act 1921 references
In an Act or document, a reference to the Anzac Day Act 1921 may, if the context permits, be taken to be a reference to this Act.
s 32 ins 1995 No. 57 s 4 sch 2
pt.5-div.2 Transitional provisions for Queensland Veterans’ Council Act 2021
Transitional provisions for Queensland Veterans’ Council Act 2021
sec.33 Definition for division
sec.33 Definition for division
In this division—
former Trust means the Anzac Day Trust under this Act immediately before the commencement.
s 33 prev s 33 ins 1999 No. 64 s 5
exp 31 December 1999 (see s 33(2))
pres s 33 ins 2021 No. 21 s 81
sec.34 Abolition of former Trust
sec.34 Abolition of former Trust
On the commencement—
the former Trust is abolished; and
See the Queensland Veterans’ Council Act 2021 , part 7 for provisions about the succession of the former Trust.
the former Board is abolished; and
each person holding office as the chairperson of the former Trust, a trustee of the former Board and the former secretary goes out of office.
No compensation is payable to the chairperson, a trustee or the former secretary because of this section.
In this section—
former Board means the Board under this Act immediately before the commencement.
former secretary means the secretary to the former Trust under this Act immediately before the commencement.
s 34 ins 2021 No. 21 s 81
(sec.34-ssec.1) On the commencement— the former Trust is abolished; and See the Queensland Veterans’ Council Act 2021 , part 7 for provisions about the succession of the former Trust. the former Board is abolished; and each person holding office as the chairperson of the former Trust, a trustee of the former Board and the former secretary goes out of office.
(sec.34-ssec.2) No compensation is payable to the chairperson, a trustee or the former secretary because of this section.
(sec.34-ssec.3) In this section— former Board means the Board under this Act immediately before the commencement. former secretary means the secretary to the former Trust under this Act immediately before the commencement.
(a) the former Trust is abolished; and Note— See the Queensland Veterans’ Council Act 2021 , part 7 for provisions about the succession of the former Trust.
(b) the former Board is abolished; and
(c) each person holding office as the chairperson of the former Trust, a trustee of the former Board and the former secretary goes out of office.
sec.35 Undecided applications
sec.35 Undecided applications
This section applies if—
before the commencement, a person made an application to the former Trust under former section 9; and
immediately before the commencement, the application had not been decided.
On the commencement, the application continues as if it had been m
This is an opening excerpt, not the complete document.