Page 1475 - Week 05 - Wednesday, 7 May 2008
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What the bill does provide, however, is to allow for the application for a permit to undertake restricted activities on Anzac Day. This bill writes in the flexibility that a minister does need to be able to look at all the arguments for and against where there is a strong case put forward by the community for the running of a large festival event on Anzac Day between the hours of 3.00 am and 1.00 pm. In accordance with the legislation I am proposing, a person may apply to the minister for a permit to conduct a restricted activity in a public place between 3.00 am and 1.00 pm on Anzac Day. The minister may grant a permit under this section only if satisfied that the activity is a genuine commemoration of Anzac Day or would not detract from or adversely affect the commemoration of Anzac Day.
My bill provides for this to occur: a permit must state the name of the person who is permitted to conduct the restricted activity, the activity permitted, the time when the activity is permitted, the expiry date of the permit and that a permit may be conditional. That means that if a community group would like to put on a large activity which might border on the edge of festival in nature, if they can argue with the minister and the minister is absolutely convinced that the activity is in keeping with the commemorative nature of the morning of Anzac Day, then the minister has that flexibility to approve such a permit. That really is the nuts and bolts of this legislation that I am proposing here today.
One of the most important days in Australian history is Anzac Day. Therefore, as I was saying earlier, it is one of the most important days on the commemorative calendar for the year. It is very strongly felt through this community that, for so long as we can ensure its place in our history, Anzac Day must always be commemorated. The feeling in the community is that it is important to protect the sanctity and the solemnity of the day. I am putting that at the moment we simply do not have the legislation in place that guarantees those protections. I do not believe that we have protections in place in ACT legislation to preserve the solemnity of Anzac Day, and we must ensure that this is the case. Consequently that is why this legislation is being tabled.
I make this comment in terms of retail trading: there is no intention in this bill to impinge on or cause havoc to retail trading. It would be unjust to expect small business to compete with the large traders in this regard. What is incredibly impressive about Canberra on Anzac Day is the fact that all the small retailers who open up for business at the crack of dawn on Anzac Day and who exercise their trade through Anzac Day morning do so in a very respectful way. In fact, in many ways, they add value to the commemorative spirit of Anzac Day.
For example, in the Manukas and the Kingstons and in the city we see cafes and restaurants opening up for gunfire breakfasts and they provide mid-morning breakfasts. Those of us who attend the St Christopher’s service on Anzac Day morning and then pause before we move on to the main ceremony at 10.15 am often flock across to one of the many cafes who turn on additional staff to ensure that they do feed those who are attending the services. They do so in such a way that the Anzac spirit is enshrined in that trading.
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