Anzac Day Observance Act 1929
5Work in connection with race meetings and sports on Anzac Day
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5 Work in connection with race meetings and sports on Anzac Day
[Section 5 Inserted by No. 2 of 1970, s. 3 ]**[Section 5 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]
(1) [Section 5 Subsection (1) amended by No. 45 of 2011, s. 8, Applied:07 Dec 2011] [Section 5 Subsection (1) amended by No. 45 of 2011, s. 8, Applied:07 Dec 2011] [Section 5 Subsection (1) amended by No. 45 of 2011, s. 8, Applied:07 Dec 2011] [Section 5 Subsection (1) amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] This section applies to work necessary for, or habitually associated with, the holding of any race meeting, specified event or sports, being work carried out at the place where the meeting, specified event or sports are held, or at a place where persons assemble, or are accommodated, for the purpose of viewing the racing or events taking place at the meeting, specified event or sports.
(2) Nothing in the contract of employment of any person shall be construed as requiring that person to engage on Anzac Day in work to which this section applies, and notwithstanding anything in that contract of service, his refusal or failure to engage in any such work on Anzac Day shall not be regarded as a breach of that contract.
(3) Where an employee is ordered or asked by his employer to engage on Anzac Day in work to which this section applies and the employee refuses to engage in that work, the employer shall not penalize him or prejudice him in his employment by reason of his refusal, whether by reduction of his remuneration, termination of his employment, or in any other way.
Penalty: Fine not exceeding 10 penalty units.
(4) Nothing in this section shall be construed as entitling a person to any remuneration in respect of his absence from work to which he would not be entitled if this section had not been enacted.
(5) [Section 5 Subsection (5) inserted by No. 45 of 2011, s. 8, Applied:07 Dec 2011] In this section –
specified event means an event or activity referred to in or .