Untitled document

Shrine of Remembrance (Amendment) Act 1999

Act No. 31/1999

TABLE OF PROVISIONS

Section Page

1.	Purpose	2
2.	Commencement	2
3.	Principal Act	3
4.	Heading to Part 1 inserted	3
5.	Definitions	3

1A. Definitions 3

6.	Reference to reserved land—section 2	4
7.	Improvement of Shrine of Remembrance	4
PART 2—TRUSTEES	4

2A.	Power to improve Shrine of Remembrance	4
2B.	Approval of undercroft development	4

8.	Trustees	5
9.	Powers and duties of trustees	6
10.	Others matters relating to trustees	7

4A.	Minister may give directions to trustees	7
4B.	Delegation of powers of trustees	7
4C.	Terms of appointment of trustees	8
4D.	Vacancies, resignation and removal from office	9
4E.	Validity of decisions of trustees	9
4F.	Proceedings of trustees	10
4G.	Disclosure of interests of trustees	10
4H.	Governors	11
4I.	Life Governors	12
4J.	Staff	12
4K.	Business plan	13

11.	Heading to Part 3 inserted	14
12.	Reference to reserved land—section 6	14
13.	Transitional provisions	15
PART 4—TRANSITIONAL PROVISIONS	15

9. Appointment and reconstitution of trustees 15

14. Statute law revision 15

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NOTES 16

i

Victoria

No. 31 of 1999

Shrine of Remembrance (Amendment)

Act 1999†

[Assented to 1 June 1999]

Preamble

(1) The land delineated and shown hatched on

the plan in Schedule One ("the reserved
land") to the Shrine of Remembrance Act
1978 is permanently reserved as a site for a
monument known as the Shrine of
Remembrance by Order in Council dated
23 October 1933 and is vested by Crown
grant volume 5876 folium 006 in the Shrine
of Remembrance Trustees.

(2) The Crown grant provides that the reserved land and buildings on the land shall be at all times maintained as and for a site for a

monument known as the Shrine of
Remembrance and offices and conveniences

Shrine of Remembrance (Amendment) Act 1999

Act No. 31/1999 s. 1

connected with the Shrine and for no other
purpose whatsoever.

(3) The Shrine of Remembrance Trustees desire that the Trustees be empowered to improve the Shrine of Remembrance for the purpose of creating galleries of remembrance and

related facilities.

(4) It is appropriate to empower the Shrine of

Remembrance Trustees to improve the

Shrine of Remembrance for that purpose.

The Parliament of Victoria therefore enacts as follows:

1. Purpose

The purpose of this Act is to amend the Shrine of

Remembrance Act 1978—

(a)	to alter the composition of the body corporate known as the Shrine of Remembrance Trustees; and
(b)	to extend the powers of the Trustees relating to improvement of the Shrine; and
(c)	to provide for the appointment of Governors and Life Governors of the Shrine; and
(d)	to make other amendments in relation to the administration of the Act.

2. Commencement

(1) Section 1 and this section come into operation on

the day on which this Act receives the Royal

Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

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s. 3 Act No. 31/1999

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 October 1999, it

comes into operation on that day.

3. Principal Act

No. 9167.	In this Act, the Shrine of Remembrance Act
Reprint No. 1
as at 6 March	1978 is called the Principal Act.
1997.

4. Heading to Part 1 inserted

Before section 1 of the Principal Act insert—

"PART 1—PRELIMINARY".

5. Definitions

After section 1 of the Principal Act insert—

'1A. Definitions

In this Act—

"Crown grant" means the Crown grant

volume 5876 folium 006;

"naval, military or air forces" has the

same meaning as "Her Majesty's naval,
military or air forces" has in the

Patriotic Funds Act 1958;

"Order in Council" means the Order in

Council dated 23 October 1933;

"reserved land" means the land delineated

and shown hatched on the plan in
Schedule One;

"service or duty" has the same meaning as in the Patriotic Funds Act 1958;

Shrine of Remembrance (Amendment) Act 1999

Act No. 31/1999 s. 6

"trustees" means the body corporate

established under section 3;

"undercroft land" means a stratum of the reserved land consisting of a space of any shape on, or above or below, or

partly above or partly below, the
surface of the reserved land but does
not include the space known as the

Crypt of the Shrine of Remembrance.'.

6. Reference to reserved land—section 2

In section 2 of the Principal Act, for "area
delineated and shown hatched on the plan in

Schedule One" substitute "reserved land".

7. Improvement of Shrine of Remembrance

Before section 3 of the Principal Act insert—

"PART 2—TRUSTEES

2A. Power to improve Shrine of Remembrance Despite anything in the Order in Council or the Crown grant, the trustees may improve any undercroft land in respect of which a

plan of survey is approved under section 2B
for the purpose of creating galleries of
remembrance and related facilities in
accordance with the approval given under

that section.

2B. Approval of undercroft development

(1) The Minister—

(a) on receiving a plan of survey signed by the Surveyor-General of any undercroft land; and

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s. 8 Act No. 31/1999

(b) if satisfied that the undercroft land as shown in the plan of survey is appropriate for the development of galleries of remembrance and related facilities—

may recommend to the Governor in Council that approval be given to the development by the trustees of the undercroft land shown in

the plan of survey in accordance with the
plan and subject to any terms and conditions

recommended by the Minister.

(2) The Governor in Council may, by notice

published in the Government Gazette—

(a) approve the plan of survey; and

(b) give approval to the development in accordance with the plan and subject to any terms and conditions recommended by the Minister.".

8. Trustees

(1) In section 3 of the Principal Act, for sub-sections

(1) and (2) substitute—

"(1) The Governor in Council shall appoint

8 persons to act as trustees of the Shrine of

Remembrance being—

(a)	a person nominated by the Minister, who has been engaged in service or duty as an officer or a member of the
naval, military or air forces, who shall be chairperson; and
(b)	the Lord Mayor of the Melbourne City Council or a councillor of that Council nominated by the Minister on the

recommendation of the Council; and

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Act No. 31/1999 s. 9

(c)	a person nominated by the Minister on the recommendation of the Returned Services League who has been engaged in service or duty as an officer or a member of the naval, military or air forces and who is a member of the Returned Services League; and
(d)	a person nominated by the Minister on the recommendation of The Legacy Club of Melbourne Inc. who has been engaged in service or duty as an officer or a member of the naval, military or air forces and who is a member of The Legacy Club of Melbourne Inc.; and
(e)	who have between them experience and

4 persons nominated by the Minister finance, marketing or public relations.".

(2) In section 3 of the Principal Act, sub-sections (4)

to (10) are repealed.

9. Powers and duties of trustees

(1) In section 4(1) of the Principal Act—

(a) in paragraph (a), for "land delineated and shown hatched on the plan in Schedule One" substitute "reserved land";

(b) at the end of paragraph (c) omit "and";

(c) after paragraph (c) insert— "(ca) in relation to the undercroft land—

(i)

may charge fees for entry into the fees; and

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(ii)  may determine the mechanisms for charging concessional fees; and

(iii)  may exempt in a specified case or class of case any person or class of persons from payment of fees; and".

(2) Section 4(4) of the Principal Act is repealed.

10. Others matters relating to trustees

After section 4 of the Principal Act insert—

"4A. Minister may give directions to trustees

(1) The Minister may give to the trustees written

directions in relation to the performance of the functions of the trustees or the exercise of the powers of the trustees.

(2) The trustees must comply with any direction given under sub-section (1) and must provide the Minister with any information sought by

him or her for the purpose of determining
whether the trustees have complied with that
direction.

(3) A copy of any direction given under sub- section (1) must be included in the annual report of the trustees.

4B. Delegation of powers of trustees

The trustees, with the approval of the
Minister may, by instrument in writing,
delegate all or any of their powers, other
than the power under section 4(1)(d) and this

power of delegation, to—

(a) one or more trustees; or

(b) any person appointed or employed by the trustees.

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Act No. 31/1999 s. 10

4C. Terms of appointment of trustees

(1) Subject to sub-section (2), a trustee, other

than a trustee appointed under section

3(1)(b)—

(a) holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment; and

(b) is eligible for re-appointment.

(2) A trustee appointed under section 3(1)(c) or

(d) ceases to hold office if he or she ceases to
be a member of the Returned Services
League or The Legacy Club of Melbourne
Inc., as the case requires.

(3) A trustee appointed under section 3(1)(b)—

(a) holds office—

(i) trustee holds office as Lord Mayor
of the Melbourne City Council or

for the period during which the case requires); or

(ii)  in the case of a councillor of that Council, for such lesser period as is specified in the instrument of

appointment of the councillor as a
trustee; and

(b) is eligible for re-appointment.

(4) A trustee holds office, subject to this Act, on

the terms and conditions specified in the
instrument of appointment.

(5) A trustee is entitled to be paid any remuneration or travelling or other allowances fixed for the trustee from time to

time by the Governor in Council.

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4D. Vacancies, resignation and removal from

office

(1) The office of a trustee becomes vacant if the

trustee—

(a)	becomes an insolvent under administration; or
(b)	is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence; or
(c)	without the approval of the trustees, fails to attend 3 consecutive meetings of the trustees.

(2) A trustee may resign his or her office by writing delivered to the Governor in Council.

(3) The Governor in Council may at any time remove from office a trustee, other than a trustee who holds office as Lord Mayor of the Melbourne City Council.

(4) If a trustee—

(a)	is convicted of an offence relating to his or her duties as a trustee; or
(b)

fails without reasonable cause to 4G—

the trustee must be removed from office as

trustee by the Governor in Council.

4E. Validity of decisions of trustees

(1) An act or decision of the trustees is not

invalid merely because of—

(a) a defect or irregularity in, or in connection with, the appointment of a trustee; or

Shrine of Remembrance (Amendment) Act 1999

s. 10
s. 10

Act No. 31/1999

(b) a vacancy in the office of the trustees, including a vacancy arising from the failure to appoint an original trustee.

(2) Anything done by or in relation to a person

purporting to act as chairperson or as a trustee is not invalid merely because—

(a)	the occasion for the appointment had not arisen; or
(b)	there was a defect or irregularity in relation to the appointment; or
(c)	the appointment had ceased to have effect; or
(d)	the occasion for the person to act had not arisen or had ceased.

4F. Proceedings of trustees

(1) The trustees must meet at such times and

places as the trustees determine, or in the
absence of a determination by the trustees,
as the chairperson determines.

(2) The chairperson or, in his or her absence, a trustee appointed by the trustees present at the meeting, must preside.

(3) Five trustees constitute a quorum.

(4) A question arising at a meeting is determined

by a majority of votes of trustees present and
voting on that question and, if the voting is
equal, the person presiding has a second or
casting vote as well as a deliberative vote.

(5) Subject to this Act the trustees may regulate their own proceedings.

4G. Disclosure of interests of trustees

(1) A trustee who has a direct or indirect

pecuniary interest in any matter being dealt

Shrine of Remembrance (Amendment) Act 1999
Act No. 31/1999

with by the trustees must disclose the nature of that interest at a meeting of the trustees as soon as possible after becoming aware of the interest.

(2) A trustee who holds an office or possesses

property as a result of which, directly or
indirectly, duties or interests may be created
in conflict with the trustee's duties as a
trustee, must disclose that fact at a meeting
of the trustees as soon as possible after
becoming aware of the potential conflict.

(3) Despite sub-section (2), a trustee appointed

under section 3(1)(b) is not required to make
a disclosure in relation to services provided
by that Council under section 7 or under
section 4(4) of the Melbourne Market and
Park Lands Act 1933.

(4) The person presiding at a meeting at which a

disclosure under this section is made must cause that disclosure to be recorded in the minutes of the meeting.

(5) A person who has made a disclosure under

this section must not take any further part in
the discussion of or vote on the contract or
other matter to which the disclosure relates.

(6) If a trustee votes on a matter in contravention

of sub-section (4), his or her vote must be
disallowed.

4H. Governors

(1) The trustees may from time to time appoint,

in writing, any person whom the trustees
consider fit to be Governors of the Shrine of
Remembrance.

(2) A Governor holds Office for the period, not exceeding 5 years, specified in his or her

Shrine of Remembrance (Amendment) Act 1999

Act No. 31/1999 s. 10

instrument of appointment, but is eligible for

re-appointment.

(3) The functions of a Governor are to assist the

activities related to the Shrine of

trustees with the conduct of ceremonial duties as the trustees may from time to time request.

4I. Life Governors
(1) A person who held office as a trustee

immediately before the commencement of section 8 of the Shrine of Remembrance (Amendment) Act 1999, other than a person

appointed as a trustee under section 3(1)(a), appointed—

(b), (c) or (d) (as in force immediately before
that commencement), is deemed to have
been appointed as a Life Governor of the

(a)	in the case of a person who is not appointed as a trustee after that commencement, on that commencement; or
(b)	in the case of a person who is appointed as a trustee after that commencement, on ceasing to be a trustee.

(2) A Life Governor has the same functions and duties as a Governor under section 4H.

4J. Staff

The trustees may appoint or employ such persons as are necessary to carry out its functions under this Act.

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s. 10 Act No. 31/1999

4K. Business plan

(1) The trustees must prepare a business plan

each year.

(2) The trustees must give a copy of the

proposed business plan to the Minister on or
before the date in each year that is

determined by the Minister.

(3) The Minister may—

(a)	with the approval of the trustees, give a copy of the proposed business plan to the chief executive officer of the Melbourne City Council for comment by the Council; and
(b)

request the Council to provide the Minister.

(4) The proposed business plan must be in or to

the effect of a form approved by the Minister
and must include—

(a) information about the objectives, main

a statement of corporate intent, being policies and performance measures;

(b)	financial statements containing the information required by the Minister;
(c)	any other matters that the Minister directs.

(5) The trustees must consider any comments on

the proposed business plan that are made to it by the Minister within 2 months after the plan was given to the Minister.

(6) The comments referred to in sub-section (5)

may include any comments made to the
Minister by the Melbourne City Council.

Shrine of Remembrance (Amendment) Act 1999

Act No. 31/1999 s. 11

(7) The trustees must—

(a) following communication to the

consult in good faith with the Minister section (5); and

(b)	make such changes to the proposed business plan as are agreed between the Minister and the trustees; and
(c)	deliver the business plan with any changes agreed under paragraph (b) to the Minister within 3 months after the proposed business plan was given to the Minister under sub-section (2).

(8) The business plan, or any part of the plan,

must not be published or made available
except for the purposes of this Part without
the prior approval of the trustees and the
Minister.

(9) A business plan may be modified at any time

by the trustees with the agreement of the
Minister.".

11. Heading to Part 3 inserted

Before section 5 of the Principal Act insert—

"PART 3—MISCELLANEOUS".

12. Reference to reserved land—section 6

In section 6(1) of the Principal Act—

(a) in paragraph (a), for "area delineated and shown hatched on the plan in Schedule One" substitute "reserved land";

Shrine of Remembrance (Amendment) Act 1999

s. 14 Act No. 31/1999

(b) in paragraph (b), for "said area" substitute "reserved land".

13. Transitional provisions

After section 8 of the Principal Act insert—

"PART 4—TRANSITIONAL PROVISIONS

9. Appointment and reconstitution of trustees

(1) On the commencement of section 8 of the Shrine of Remembrance (Amendment) Act 1999, the trustees appointed under

section 3(1) as in force immediately before that commencement go out of office unless re-appointed under that section as in force immediately after that commencement.

(2) Despite the reconstitution of the Shrine of

Remembrance Trustees by reason of same body on and after that commencement as it was before that commencement.".

section 8 of the Shrine of Remembrance
(Amendment) Act 1999, the Shrine of

14. Statute law revision

In the Principal Act—

(a)	in section 4(3), for "city of Melbourne" substitute "Melbourne City Council";
(b)	in section 7, for "council of the city of Melbourne" substitute "Melbourne City Council".

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Shrine of Remembrance (Amendment) Act 1999

Act No. 31/1999 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 22 April 1999

Legislative Council: 12 May 1999

The long title for the Bill for this Act was "to amend the Shrine of
Remembrance Act 1978 and for other purposes."