South Australian Numbered Acts

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ANZAC DAY COMMEMORATION ACT 2005 (NO 12 OF 2005) - SECT 18

18—Restriction on public sports and entertainment before 12 noon on ANZAC Day

        (1)         Despite 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 Premier.

        (2)         If a public sporting or entertainment event is held unlawfully, the organiser of the event is guilty of an offence.

Maximum penalty: $1 250.

Expiation fee: $160.

        (3)         The Premier 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.

        (4)         However, before granting an authorisation under subsection (1), the Premier must—

            (a)         cause a copy of the application and supporting affidavit to be given to the RSL; and

            (b)         have regard to any comments made by the RSL in relation to the application received on or before the date specified by the Premier for receipt of such comments.

        (5)         An applicant for an authorisation under subsection (1) must—

            (a)         provide the Premier with specified information to enable the Premier to determine the application; and

            (b)         verify, by statutory declaration, information furnished for the purposes of the application.

        (6)         An authorisation under subsection (1) may be made subject to such conditions as the Premier thinks fit and specifies in the instrument of authorisation.

        (7)         A person who contravenes, or fails to comply with, a condition of an authorisation under this section is guilty of an offence.

Maximum penalty: $1 250.

Expiation fee: $160.

        (8)         If a body corporate is guilty of an offence against this section, each member of the governing body and the manager of the body corporate are guilty of an offence and liable to the same penalty as may be imposed for the principal offence, unless it is proved that the person could not, by the exercise of reasonable care, have prevented the commission of the offence by the body corporate.

        (9)         In this section—

"public sporting or entertainment event" means a sporting or entertainment event or activity to which tickets for admission (or similar devices)—

            (a)         are made available for purchase by a member of the public prior to the holding of the event or activity; and

            (b)         are required for entry to the event or activity.



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