Theatres (Repeal) Act 2002

i Theatres (Repeal) Act 2002 Act No. 21/2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—REPEAL OF THE THEATRES ACT 1958 3 3. Repeal of the Theatres Act 1958 3 PART 3—AMENDMENTS TO THE ANZAC DAY ACT 1958 4 4. Anzac Day 4 5. Sports on Anzac Day 4 6. Substitution of section 5 4 5. Use of cinemas etc. on Anzac Day 4 7. New section 5A inserted 5 5A. Other entertainment on Anzac Day 5 8. Regulations 8 ═══════════════ ENDNOTES 9 -- 1 of 10 -- 1 Theatres (Repeal) Act 2002 † [Assented to 21 May 2002] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are— (a) to repeal the Theatres Act 1958 and make consequential amendments to the Anzac Day Act 1958; and (b) to amend the Anzac Day Act 1958 to restrict the provision of certain entertainment before 1.00 pm on Anzac Day. Victoria No. 21 of 2002 -- 2 of 10 -- Act No. 21/2002 Theatres (Repeal) Act 2002 2 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ s. 2 -- 3 of 10 -- Act No. 21/2002 Theatres (Repeal) Act 2002 3 PART 2—REPEAL OF THE THEATRES ACT 1958 3. Repeal of the Theatres Act 1958 The Theatres Act 1958 is repealed. __________________ s. 3 See: Act No. 6393/1958. Reprint No. 2 as at 6 March 1997. LawToday: www.dms. dpc.vic. gov.au -- 4 of 10 -- Act No. 21/2002 Theatres (Repeal) Act 2002 4 PART 3—AMENDMENTS TO THE ANZAC DAY ACT 1958 4. Anzac Day In section 3 of the Anzac Day Act 1958— (a) for "New Zealand)—" substitute 'New Zealand) shall be known as "Anzac Day".'; (b) paragraph (a) is repealed. 5. Sports on Anzac Day In section 4 of the Anzac Day Act 1958— (a) in sub-section (3), for "sub-section (3) of section four A of this Act" substitute "section 4A(3)"; (b) in sub-section (5) omit "of this section" (where first occurring); (c) in sub-section (6) omit "of this section". 6. Substitution of section 5 For section 5 of the Anzac Day Act 1958 substitute— "5. Use of cinemas etc. on Anzac Day (1) Despite anything in any other Act or a statutory rule (within the meaning of the Subordinate Legislation Act 1994), a person must not, without a written permit from the Minister, show any film or allow any film to be shown before 1.00 pm on Anzac Day at a cinema or other place (whether indoors or outdoors) to which persons are admitted— (a) on payment of a fee or charge; or s. 4 See: Act No. 6198/1958. Reprint No. 3 as at 1 June 1997. LawToday: www.dms. dpc.vic. gov.au -- 5 of 10 -- Act No. 21/2002 Theatres (Repeal) Act 2002 5 (b) after a donation is sought from them— for the showing of the film or to enter or remain at the cinema or place. Penalty: 5 penalty units. (2) The Minister may give a person a permit under sub-section (1) subject to specified conditions. (3) A person who holds a permit under sub-section (1) that is subject to specified conditions must comply with each of those conditions. Penalty: 5 penalty units. (4) If a body corporate is guilty of an offence against sub-section (1), any person who is concerned, or takes part, in the management of that body corporate is also guilty of the offence and liable to the penalty for the offence. (5) It is a defence to a charge against a person brought pursuant to sub-section (4) if the person proves that— (a) the offence was committed by the body corporate without his or her consent or knowledge; and (b) he or she exercised due diligence to prevent the commission of the offence.". 7. New section 5A inserted After section 5 of the Anzac Day Act 1958 insert— '5A. Other entertainment on Anzac Day s. 7 -- 6 of 10 -- Act No. 21/2002 Theatres (Repeal) Act 2002 6 (1) Despite anything in any other Act or a statutory rule (within the meaning of the Subordinate Legislation Act 1994), a person must not, without a written permit from the Minister, provide any entertainment or allow any entertainment to be provided before 1.00 pm on Anzac Day at a place (whether indoors or outdoors)— (a) to which persons are admitted— (i) on payment of a fee or charge; or (ii) after a donation is sought from them— for the provision of the entertainment or to enter or remain at the place; or (b) at which a commercial business is carried on for the supply of goods or services or both. Penalty: 5 penalty units. Note: For "entertainment", see sub-section (8). (2) However, sub-section (1) does not apply to entertainment provided at licensed premises (within the meaning of the Liquor Control Reform Act 1998) at a time when alcohol may be consumed on the premises in accordance with the particular licence. (3) The Minister may only give a permit under sub-section (1) if— (a) the applicant for the permit has paid the prescribed fee (if any); and (b) the Minister is satisfied that the provision of the entertainment— (i) is a genuine commemoration of Anzac Day; or s. 7 -- 7 of 10 -- Act No. 21/2002 Theatres (Repeal) Act 2002 7 (ii) if it is not a genuine commemoration of Anzac Day, would not detract from, or adversely affect, the commemorative nature of Anzac Day. (4) The Minister may give a person a permit under sub-section (1) subject to specified conditions. (5) A person who holds a permit under sub-section (1) that is subject to specified conditions must comply with each of those conditions. Penalty: 5 penalty units. (6) If a body corporate is guilty of an offence against sub-section (1), any person who is concerned, or takes part, in the management of that body corporate is also guilty of the offence and liable to the penalty for the offence. (7) It is a defence to a charge against a person brought pursuant to sub-section (6) if the person proves that— (a) the offence was committed by the body corporate without his or her consent or knowledge; and (b) he or she exercised due diligence to prevent the commission of the offence. (8) In this section, "entertainment"— (a) includes, but is not limited to— (i) a dance or similar event at which one or more persons play music (whether live or pre-recorded); and s. 7 -- 8 of 10 -- Act No. 21/2002 Theatres (Repeal) Act 2002 8 (ii) a concert, play, drama, recital or other performance at which there are one or more performers; and (b) does not include sports or the showing of a film. Note: Section 4 deals with sports and section 5 deals with the showing of films.'. 8. Regulations After section 6(1) of the Anzac Day Act 1958 insert— "(2) The Governor in Council may make regulations for or with respect to any other matter or thing— (a) required or permitted by this Act to be prescribed; or (b) necessary to be prescribed to give effect to this Act.". ═══════════════ s. 8 -- 9 of 10 -- Act No. 21/2002 Theatres (Repeal) Act 2002 9 ENDNOTES † Minister's second reading speech— Legislative Assembly: 24 April 2002 Legislative Council: 14 May 2002 The long title for the Bill for this Act was "to repeal the Theatres Act 1958, to amend the Anzac Day Act 1958 and for other purposes." Endnotes -- 10 of 10 --