Australian War Memorial Act 1962 (Cth)

AUSTRALIAN WAR MEMORIAL ACT 1962 [Note: This Act is "repealed" by Act No. 104 of 1980]
(#DATE 31:08:1979)

Compilation Information 

- Incorporating all amendments by legislation made to 31 August 1979

- Reprinted as at 31 August 1979

*1* The Australian War Memorial Act 1962 (a) as shown in this reprint
comprises

Act No. 85, 1962 as amended by the other Acts specified in the following
table:

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    Act                         Number

                                and year     Date of

                                             Assent       Date of

                                                          commencement

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    Australian War Memorial

    Act 1962                    No. 85, 1962 14 Dec 1962  1 July 1963 (see

                                                          Gazette

                                                          1963, p. 2295)

    Statute Law Revision

    (Decimal Currency) Act

    1966                        No. 93, 1966 29 Oct 1966  1 Dec 1966

    Statute Law Revision Act

    1973                        No. 216, 1973 19 Dec 1973 31 Dec 1973

    Australian War Memorial

    Act 1975                    No. 27, 1975 21 Apr 1975  21 Apr 1975

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  (a)  This citation is provided for by the Amendments Incorporation Act 1905

and the Acts Citation Act 1976.

AUSTRALIAN WAR MEMORIAL ACT 1962 - TABLE OF PROVISIONS 
TABLE

                             TABLE  OF  PROVISIONS


                              PART   I-PRELIMINARY



Section

  1.        Short title

  2.        Commencement

  3, 4.     (Repealed)

  5.        Interpretation



                PART  II-AUSTRALIAN  WAR  MEMORIAL  AND  BOARD  OF  TRUSTEES

  6.        Australian War Memorial

  7.        Board of Trustees

  8.        Constitution of the Board

  9.        Deputies of members

  10.       Remuneration and allowances

  11.       Chairman of the Board

  12.       Meetings of the Board

  13.       Functions of the Board

  14.       Powers of the Board

  15.       Transfer of war relics, &c., to the Board

  16.       Delegation by Board



                                     PART  III-FINANCE

  17.       Australian War Memorial Fund

  18.       Application of Fund

  19.       Investment, &c., of moneys in the Fund

  20.       Proper accounts to be kept

  21.       Audit

  22.       Exemption from taxation



                                   PART  IV-MISCELLANEOUS

  23.       Reports

  24.       Staff of Memorial

  25.       Copyright

  26.       Perusal of records

  27.       Manufacture, printing, publishing and sale of exhibits prohibited

  28.       Validations of delegations by Board under the repealed Act

  29.       Regulations

AUSTRALIAN WAR MEMORIAL ACT 1962 - LONG TITLE 
SECT

                 An Act relating to the Australian War Memorial

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 1. 
Short title. 
SECT

                              PART  I-PRELIMINARY

  1. This Act may be cited as the Australian War Memorial Act 1962.*1*


See notes to first article of this Chapter.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 2. 
Commencement. 
SECT

  2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*


Sections 3 and 4 repealed by No. 216, 1973, s. 3.

                         *   *   *   *   *   *   *   *



See notes to first article of this Chapter.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 5. 
Interpretation. 

Amended by No. 27, 1975, ss. 3 and 7.

SECT

  5. In this Act, unless the contrary intention appears-



   "active service"  means active service in war or in war-like operations by
members of the naval, military or air forces of the Commonwealth, or of any
naval or military force of the Crown raised in Australia before the
establishment of the Commonwealth;



   "approved bank"  means the Reserve Bank of Australia or another bank
approved by the Treasurer for the purposes of section 19;



   "member"  means a member of the Board;



   "the Board"  means the Board of Trustees of the Memorial referred to in
section 7;



   "the Fund"  means the Australian War Memorial Fund referred to in section
17; 



   "the Memorial"  means the Australian War Memorial continued in existence by
this Act;



   "the war relics of Australia"  means the war relics forming part of the
Memorial immediately before the commencement of this Act and such other war
relics as are acquired by the Board for inclusion in the Memorial;



   "war relics"  means any relics, records, publications, pictures,
photographs, cinematograph films, models, statues or other things that relate
to any war or war-like operations in which Australians have been on active
service.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 6. 
Australian War Memorial. 
SECT

          PART  II-AUSTRALIAN  WAR  MEMORIAL  AND  BOARD  OF  TRUSTEES

Sub-section (1) substituted by No. 27, 1975, s. 4.


SECT

  6. (1) The Australian War Memorial established by the Australian War
Memorial Act 1925 is continued in existence and shall be a national memorial
of Australians who have died-



  (a)  on or as a result of active service; or



  (b)  as a result of any war or war-like operations in which Australians have
been on active service,



and shall continue to be known as the Australian War Memorial.


Amended by No. 27, 1975, s. 7.


SECT

  (2) The Memorial shall consist of-



  (a)  the war relics of Australia; and



  (b)  such land owned by Australia as is made available by Australia for the
purposes of the Memorial and is specified by the Minister by notice in the
Gazette and any buildings, structures or other improvements on that land.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 7. 
Board of Trustees. 
SECT

  7. (1) For the purposes of this Act, there shall be a Board of Trustees of
the Memorial.


  (2) The Board-



  (a)  is a body corporate with perpetual succession;



  (b)  shall have a seal;



  (c)  has power to acquire, hold and dispose of real and personal property;
and 



  (d)  may sue and be sued in its corporate name.


  (3) All courts, judges and persons acting judicially shall take judicial
notice of the seal of the Board affixed to a document and shall presume that
it was duly affixed.


Amended by No. 27, 1975, s. 7.


SECT

  (4) Subject to section 24-



  (a)  all rights, obligations and liabilities that, immediately before the
commencement of this Act, were vested in or imposed on the Board of Management
of the Memorial holding office under the Australian War Memorial Act 1925-1952
are, by force of this Act, vested in or imposed on the Board of Trustees of
the Memorial; and



  (b)  any contract, agreement or other instrument subsisting at the
commencement of this Act to which the Board of Management of the Memorial is a
party continues to have effect as if-



      (i)  the Board of Trustees were substituted for the Board of Management
as a party to the contract, agreement or other instrument; and



     (ii)  any reference in the contract, agreement or other instrument to the
Board of Management were a reference to the Board of Trustees.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 8. 
Constitution of the Board. 

Amended by No. 27, 1975, s. 7.

SECT

  8. The Board shall consist of-



  (a)  the Chief of Naval Staff;



  (b)  the Chief of the General Staff;



  (c)  the Chief of the Air Staff; and



  (d)  nine other members, who shall be appointed by the Governor-General and
hold office during his pleasure.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 9. 
Deputies of members. 
SECT

  9. (1) A member specified in paragraph (a), (b) or (c) of the last preceding
section may appoint a person to be his deputy.


  (2) The Governor-General may appoint a person to be the deputy of a member
specified in paragraph (d) of the last preceding section.


  (3) The deputy of a member is, in the event of the absence of the member of
whom he is the deputy from a meeting of the Board, entitled to attend that
meeting and, when so attending, shall be deemed to be a member of the Board.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 10. 
Remuneration and allowances. 

Substituted by No. 27, 1975, s. 5.

SECT

  10. (1) Members, and deputies of members, of the Board shall be paid such
remuneration as is determined by the Remuneration Tribunal, but, if no
determination of that remuneration by the Tribunal is in operation, such a
member or deputy shall be paid such allowances by way of remuneration as were
payable to such a member or deputy immediately before the commencement of this
section.


  (2) Members, and deputies of members, of the Board shall be paid such
allowances otherwise than by way of remuneration as are prescribed, but, until
regulations are made for the purposes of this sub-section, such a member or
deputy shall be paid such allowances, otherwise than by way of remuneration,
and expenses as were payable to such a member or deputy immediately before the
commencement of this section.


  (3) This section has effect subject to the Remuneration Tribunals Act
1973-1974.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 11. 
Chairman of the Board. 
SECT

  11. (1) The members of the Board may elect one of their number to be the
Chairman of the Board and the member so elected shall hold office as Chairman
during the pleasure of the Board.


  (2) The Chairman of the Board shall preside at all meetings of the Board at
which he is present.


  (3) In the event of the absence of the Chairman from a meeting of the Board,
the members of the Board present at the meeting shall elect one of their
number to preside at the meeting.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 12. 
Meetings of the Board. 
SECT

  12. (1) At a meeting of the Board, five members constitute a quorum.


  (2) All questions arising at a meeting of the Board shall be decided by a
majority of the votes of the members present and voting and, for this purpose,
the member presiding at the meeting is entitled to a deliberative vote and
also, in the event of an equality of votes, to a casting vote.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 13. 
Functions of the Board. 

Amended by No. 27, 1975, s. 7.

SECT

  13. The functions of the Board are, on behalf of Australia-



  (a)  to manage the Memorial;



  (b)  to control and preserve the war relics of Australia and to arrange, so
far as the Board considers desirable, for their public display;



  (c)  to carry out, and assist other persons in carrying out, research in
connexion with any war or war-like operations in which Australians have been
on active service; and



  (d)  to disseminate information relating to the Memorial or any war or
war-like operations in which Australians have been on active service.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 14. 
Powers of the Board. 
SECT

  14. (1) The Board has power to do all things necessary or convenient to be
done for or in connexion with the performance of its functions.


  (2) Without limiting the generality of the last preceding sub-section, the
Board has power-



  (a)  to acquire war relics for inclusion in the Memorial;



  (b)  to dispose of, lend or hire out war relics or other goods owned by the
Board;



  (c)  to make or have made, and to sell to the public-



      (i)  reproductions or replicas of war relics; and



     (ii)  photographs relating to the Memorial or to any war or war-like
operations in which Australians have been on active service;



  (d)  to publish, and to sell to the public, books and other publications
relating to the Memorial or to any war or war-like operations in which
Australians have been on active service;



  (e)  to exhibit cinematograph films relating to the Memorial or to any war
or war-like operations in which Australians have been on active service;



  (f)  to occupy, use and control any land, building or other structure
forming part of the Memorial;



  (g)  to accept gifts, devises, bequests and assignments made to the Memorial
or the Board (whether on trust or otherwise);



  (h)  to act as trustee of war relics or other property vested in the Board
upon trust;



  (i)  to administer the Fund; and



  (j)  to purchase or take on hire, or to accept on deposit or loan,
furnishings, equipment and goods needed for the purpose of the Memorial.


  (3) Notwithstanding anything contained in this Act, any war relics or other
property held by the Board upon trust shall be dealt with in accordance with
the powers and duties of the Board as trustee.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 15. 
Transfer of war relics, &c., to the Board. 

Amended by No. 27, 1975, s.7.

SECT

  15. The Minister may make arrangements with the appropriate authority for
the transfer to the Board, for the purposes of this Act, of the ownership, use
or custody of any war relics or other goods belonging to Australia.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 16. 
Delegation by Board. 
SECT

  16. (1) The Board may, either generally or in relation to a matter or class
of matters, by writing under its seal, delegate to a member or other person,
or to a committee consisting of members or other persons or partly of members
and partly of other persons, any of its powers under this Act, except this
power of delegation.


  (2) A power so delegated may be exercised by the delegate in accordance with
the instrument of delegation.


  (3) A delegation under this section is revocable at will and does not
prevent the exercise of a power by the Board.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 17. 
Australian War Memorial Fund. 
SECT

                               PART  III-FINANCE

  17. (1) The Fund established by the Australian War Memorial Act 1925 and
known as the Australian War Memorial Fund is continued in existence under that
name and is vested in the Board.


  (2) The moneys and investments constituting the Fund immediately before the
commencement of this Act shall continue to form part of the Fund.


Amended by No. 27, 1975, s. 7.


SECT

  (3) There shall be paid into the Fund all moneys received by the Board by
virtue of-



  (a)  the exercise of its powers and the carrying out of its functions under
this Act; or



  (b)  the operation of sub-section (4) of section 7.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 18. 
Application of Fund. 

Amended by No. 27, 1975, s. 7.

SECT

  18. The moneys in the Fund shall be applied by the Board only in payment or
discharge of-



  (a)  the costs and expenses incurred by the Board in the exercise of its
powers and the carrying out of its functions under this Act; or



  (b)  any obligations and liabilities imposed on the Board by virtue of
sub-section (4) of section 7.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 19. 
Investment, &c., of moneys in the Fund. 

Sub-section (1) substituted by No. 27, 1975, s. 6.

SECT

  19. (1) Moneys in the Fund not immediately required for the purposes
referred to in section 18 may be invested-



  (a)  on fixed deposit with an approved bank;



  (b)  in securities of Australia; or



  (c)  in such other manner as the Treasurer approves.


  (2) Income derived from the investment of moneys in the Fund forms part of
the Fund.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 20. 
Proper accounts to be kept. 
SECT

  20. The Board shall keep proper accounts and records of the transactions and
affairs of the Board and shall do all things necessary to ensure that all
payments out of the moneys of the Fund are correctly made and properly
authorized and that adequate control is maintained over the assets of, or in
the custody of, the Board and the incurring of liabilities by the Board.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 21. 
Audit. 
SECT

  21. (1) The Auditor-General shall inspect and audit the accounts and records
of financial transactions of the Board and shall forthwith draw the Minister's
attention to any irregularity revealed by the inspection and audit that, in
the opinion of the Auditor-General, is of sufficient importance to justify his
so doing.


  (2) The Auditor-General or an officer authorized by him is entitled at all
reasonable times to full and free access to all accounts, records, documents
and papers of the Board relating directly or indirectly to the Fund or to the
receipt or payment of moneys by the Board or to the acquisition, receipt,
custody or disposal of assets of the Board.


  (3) The Auditor-General or an officer authorized by him may make copies of
or take extracts from any such accounts, records, documents or papers.


  (4) The Auditor-General or an officer authorized by him may require a member
of the Board or a member of the staff of the Memorial to furnish him with such
information in the possession of that person or to which that person has
access as the Auditor-General or authorized officer considers necessary for
the purposes of an inspection or audit under this Act, and that person shall
comply with the requirement.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 22. 
Exemption from taxation. 

Amended by No. 216, 1973, s. 3; and No. 27, 1975, s. 7.

SECT

  22. The Board is not subject to taxation under any law of Australia or of a
State or Territory to which Australia is not subject.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 23. 
Reports. 
SECT

                             PART  IV-MISCELLANEOUS

  23. (1) The Board shall furnish to the Minister such reports relating to its
operations as the Minister requires.


Amended by No. 27, 1975, s. 7.


SECT

  (2) The Board shall, as soon as practicable after 30 June in each year,
furnish to the Minister, for presentation to each House of the Parliament, a
report of its operations during the year ended on that date, together with
financial statements in respect of that year in such form as the Minister
approves.


  (3) Before furnishing the financial statements to the Minister, the Board
shall submit them to the Auditor-General, who shall report to the Minister-



  (a)  whether the statements are based on proper accounts and records;



  (b)  whether the statements are in agreement with the accounts and records
and show fairly the financial operations of the Board and the state of the
Fund and the affairs of the Board;



  (c)  whether the receipt and expenditure of moneys by the Board during the
year have been in accordance with this Act; and



  (d)  as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the Minister.


  (4) The Minister shall lay the report and financial statements of the Board,
together with the report of the Auditor-General, before each House of the
Parliament within fifteen sitting days of that House after their receipt by
the Minister.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 24. 
Staff of Memorial. 
SECT

  24. The staff of the Memorial shall be employed under the Public Service Act
1922-1960.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 25. 
Copyright. 
SECT

  25. Nothing in this Act authorizes the Board to commit any breach of
copyright.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 26. 
Perusal of records. 

Amended by No. 27, 1975, s. 7.

SECT

  26. Where the Board is satisfied that it is necessary or desirable so to do,
the Board may authorize a person to peruse and make extracts from, or copies
of, any of the records or documents forming part of the war relics of
Australia that are not upon public display.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 27. 
Manufacture, printing, publishing and sale of exhibits prohibited. 

Sub-section (1) amended by No. 93, 1966, s. 3; and No. 27, 1975, s. 7.
SECT

  27. (1) A person shall not, without the permission in writing of the Board-


  (a)  sell or offer for sale; or



  (b)  for the purposes of advertisement or for any other commercial or
business purpose, make, use, print, publish or exhibit,



a replica, photograph, representation or copy of an exhibit forming part of
the war relics of Australia.


  Penalty: $100.


  (2) The last preceding sub-section does not apply to, or in relation to, the
publication in a newspaper of a photograph of an exhibit.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 28. 
Validations of delegations by Board under the repealed Act. 
SECT

  28. (1) In this section,  "the repealed Act"  means the Australian War
Memorial Act 1925 or that Act as amended by the Australian War Memorial Act
1952.


Amended by No. 27, 1975, s. 7.


SECT

  (2) Where, before the commencement of this Act, the Board of Management of
the Memorial as constituted under the repealed Act purported to delegate, by
resolution, to a member of the Board or to committees all or any of its powers
and functions under the repealed Act, the purported delegation shall be deemed
to have been as valid and effectual for the purposes of the repealed Act as if
it had been a delegation made by writing under the hand of each member of the
Board in accordance with section 9 of the repealed Act.

AUSTRALIAN WAR MEMORIAL ACT 1962 - SECT. 29. 
Regulations 

Amended by No. 93, 1966, s. 3; and No. 27, 1975, s. 7.

SECT

  29. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters that are necessary or convenient to be prescribed
for carrying out or giving effect to this Act, and, in particular-



  (a)  for regulating the conduct of persons on any land or in any building
forming part of the Memorial; and



  (b)  for prescribing penalties not exceeding a fine of $100 for offences
against the regulations.


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