Australian War Memorial Act 1980
No. 104, 1980
Compilation No. 12
Compilation date: 21 October 2016
Includes amendments up to: Act No. 61, 2016
Registered: 14 November 2016
About this compilation
This compilation
This is a compilation of the Australian War Memorial Act 1980 that shows the text of the law as amended and in force on 21 October 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Interpretation
Part II—The Australian War Memorial
4 Incorporation of Memorial
5 Functions of Memorial
6 Powers of Memorial
7 Land and historical material for Memorial
8 Disposal of historical material in memorial collection
Part III—The Council of the Memorial
9 Establishment of Council
10 Membership of Council
11 Chair
12 Deputies of members
13 Remuneration etc.
14 Termination of appointment
15 Resignation
17 Meetings of Council
18 Committees of Council
19 Delegation by Council
Part IV—The Director of the Memorial
20 Office of Director
21 Terms and conditions of appointment etc.
22 Remuneration etc.
23 Leave of absence
24 Termination of appointment
25 Resignation
26 Acting Director
Part V—Staff and consultants
27 Staff
28 Arrangements relating to staff
29 Engagement of consultants etc.
Part VI—Finance
30 Moneys payable to Memorial
32 Australian War Memorial Fund
33 Application of moneys held by Memorial
34 Investment
35 Contracts
37 Exemption from taxation
Part VII—Miscellaneous
39 Delegation by Minister
40 Operation of certain other laws not affected
41 Supply of liquor on premises of Memorial
42 Regulations
Part VIII—Repeal of certain Acts and consequent transitional provisions
43 Interpretation
44 Repeal…
Overview
The Australian War Memorial Act 1980 was enacted to address the need for a comprehensive legal framework governing the Australian War Memorial, including its establishment, functions, governance, and financial management. This Act was enacted by the Australian Parliament and its primary policy objective is to ensure the proper maintenance, development, and management of the Australian War Memorial as a national institution dedicated to commemorating Australians who have died in active service, as well as to facilitate research and dissemination of information related to Australian military history. The Act establishes the Australian War Memorial as a corporation, defines its functions, outlines the structure and powers of the Council of the Memorial, specifies the roles and responsibilities of the Director, and provides for the financial management and operational aspects of the Memorial.
Scope and Application
The Australian War Memorial Act 1980 applies to the Australian War Memorial, a corporation established by the Act to maintain and develop the national memorial as a tribute to Australians who have died on or as a result of active service in war or warlike operations, and to manage a national collection of historical material related to Australian military history. The Act outlines the functions, powers, and administrative framework of the Memorial, including the establishment of a Council responsible for the overall conduct and policy of the Memorial, and the appointment of a Director as the chief executive officer. The Act also addresses the financial management of the Memorial, including the application of moneys, investments, and the exemption from taxation. The Memorial's jurisdiction is federal, with provisions that may be extended or modified by subordinate instruments such as regulations. Exclusions within the Act include certain provisions relating to the supply of liquor on Memorial premises and the operation of other laws concerning copyright and public access to government documents. The Act repealed the Australian War Memorial Act 1962 and the Australian War Memorial Act 1975, transferring rights, property, and liabilities to the Memorial.
Key Provisions
- The Australian War Memorial Act 1980 establishes the Australian War Memorial (Memorial) as a corporation with perpetual succession, a common seal, and the capacity to acquire, hold, and dispose of property, as well as to sue and be sued in its corporate name (sections 4(2)(a)–(d)). The Memorial's primary functions include maintaining and developing the national memorial as a tribute to Australians who have died on or as a result of active service or any war or warlike operations (section 5(1)(a)), developing and maintaining a national collection of historical material (section 5(1)(b)), exhibiting or making available historical material for exhibition (section 5(1)(c)), conducting research into matters related to Australian military history (section 5(1)(d)), and disseminating information about Australian military history, the Memorial, its collection, and its functions (section 5(1)(e)). The Memorial is also empowered to perform all necessary or convenient acts for these functions (section 6(1)).
- The Act imposes several obligations on the parties it governs. The Memorial must not dispose of historical material except in accordance with the provisions of the Act (section 6(3)), and must not fix charges for parking, entry, or use of land and buildings in Campbell, Australian Capital Territory (section 6(5)). The Minister may make available land and historical material to the Memorial (section 7(1)–(2)), and the Council may resolve to dispose of historical material in the Memorial's collection by sale, gift, or destruction if it is unfit for the collection or not required (section 8(1)–(4)).
- The Act includes provisions for offences, penalties, and consequences for breaches. The Memorial is exempt from taxation under Australian and state or territory laws (section 37). The Minister may make regulations for various purposes, including regulating entry and conduct on Memorial premises, fixing charges for entry, and prescribing penalties not exceeding a fine of 5 penalty units for offences against the regulations (section 42). The maximum penalty for offences against these regulations is a fine of 5 penalty units (section 42(2)). Additionally, the Act provides for the appointment, terms, and termination of the Director of the Memorial, and outlines the powers and responsibilities of the Council of the Memorial (sections 20–26, 9–19).
- Area of Law
- Military Law
- Cultural Heritage Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Delegation by Council
- Delegation by Minister
- Enforcement Powers
- Licensing & Registration
- Prohibited Conduct
