Australian War Memorial Regulations (Amendment) 1994 No. 375
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 375
Issued by the Authority of the Minister for Veterans' Affairs
Australian War Memorial Act 1980
Australian War Memorial Regulations (Amendment)
Section 42 of the Australian War Memorial Act 1980 (the Act) provides that the Governor-General may make Regulations for the purposes of the Act and in particular for fixing charges for entry onto any land, or into any building, owned by, or under the control of the Memorial,
The amending Regulation would give effect to a decision by the Council of the Australian War Memorial to introduce charges for entry into the exhibition areas of the building known as the Treloar Centre, that is operated by the Memorial at Mitchell. in the Australian Capital Territory. The exhibition areas of the Treloar Centre are defined by the Regulation as those which are open to the public, and which contain exhibitions, or displays of historical material from the Memorial's collection or that is otherwise in the Memorial's possession. The proposed Regulation 8A will be inserted after Regulation 8.
This Regulation charges persons who are at least 15 years old a sum of $3.00 for entry. A person who is at least 5 years old, but less than 15 years old, will. be charged $2.00 for entry. A person who is qualified for fringe benefits under the Social Security Act 1991 and person who is a holder of a seniors health card, granted under the Social Security Act 1991 or the Veterans' Entitlements Act 1986 will be charged $2.00 for entry. A person who is a full-time student at a school, college or university who is less than 25 years old will be charged $2.00.
The amending Regulation excludes the following persons from charges for entry:
• a member, or a former member, of the Defence Force who:
- served outside Australia on active service; or
- served in Australia on active service during Word War Two; or
- served outside Australia on operational service within the meaning of the Veterans' Entitlements Act 1986; or
- is regarded as having rendered operational service within meaning of paragraph 6(1) (b) or (c) of the Veterans' Entitlements Act 1986,
• a person who is in receipt of a pension under Part H or M of the Veterans' Entitlements Act 1986,
• a person who is invited by an authorised officer of the Memorial to enter the exhibition areas without charge;
• a person who is less than 5 years old;
• a person who entered the exhibition areas for a purpose connected with:
- the operation of the Treloar Centre; or
- the maintenance of Memorial material; or
- the maintenance, renovation, reconstruction or extension of the Treloar Centre;
• a person who enters the exhibition areas:
- in the course of his or her duties as an officer or employee of the Memorial; or
- for the purpose of providing a service to the Memorial.
The charges will commence from the date of notification in the Commonwealth of Australia Gazette.
Overview
The Australian War Memorial Regulations (Amendment) 1994, issued under the authority of the Minister for Veterans' Affairs, was enacted to amend the Australian War Memorial Regulations and introduce a charge for entry into the exhibition areas of the Treloar Centre, operated by the Australian War Memorial at Mitchell in the Australian Capital Territory. This amendment was made pursuant to Section 42 of the Australian War Memorial Act 1980, which empowers the Governor-General to make regulations for the purposes of the Act, including fixing charges for entry onto Memorial land or buildings. The primary objective of this regulation is to implement a decision by the Council of the Australian War Memorial to introduce entry fees to the exhibition areas, which contain exhibitions and displays of historical material from the Memorial's collection. The regulation sets out different fee structures for various categories of visitors, including concessional rates for children, students, and veterans, while exempting certain groups such as members of the Defence Force, pensioners, and those entering for specific purposes connected with the Memorial.
Scope and Application
The Australian War Memorial Regulations (Amendment) 1994, issued under the authority of the Minister for Veterans' Affairs, amends the Australian War Memorial Act 1980 to introduce entry charges for the exhibition areas of the Treloar Centre, operated by the Memorial at Mitchell in the Australian Capital Territory. This amendment applies to individuals who are at least five years old and seeks to regulate the entry fees into the public exhibition areas containing historical material from the Memorial's collection. The Regulation specifies different fees based on age and eligibility for certain concessions, such as being a qualified beneficiary under the Social Security Act 1991 or a full-time student under 25 years old. Notably, the Regulation exempts certain individuals, including members or former members of the Defence Force who served under specific conditions, pensioners under the Veterans' Entitlements Act 1986, persons invited by authorised officers without charge, individuals under five years old, and those entering for purposes directly related to the operation or maintenance of the Treloar Centre. The charges come into effect from the date of notification in the Commonwealth of Australia Gazette.
Key Provisions
The Australian War Memorial Regulations (Amendment) 1994 No. 375 introduces new provisions under the Australian War Memorial Act 1980, specifically targeting the introduction of entry charges for the exhibition areas of the Treloar Centre in Mitchell, Australian Capital Territory. Regulation 8A, inserted into the Regulations, imposes entry fees on individuals based on their age and status. According to this regulation, individuals aged 15 years and above must pay $3.00, while those aged 5 to 14 years, full-time students under 25 years, and individuals qualified for fringe benefits or holding a seniors health card must pay $2.00. Certain individuals, however, are exempt from these charges, including members or former members of the Defence Force who served outside Australia on active service, during World War Two in Australia, or on operational service, as well as those receiving a pension under Part H or M of the Veterans' Entitlements Act 1986.
The obligations under these Regulations extend to the enforcement of the entry fees as set out. The Australian War Memorial must collect the appropriate fees from eligible visitors while ensuring that exempt individuals do not incur any charges. This includes verifying the status of individuals claiming exemption, such as checking for service records or pension documentation. The Memorial must also ensure that authorised officers are aware of the exemption criteria and can identify those who are permitted entry without charge.
Failure to comply with the Regulations could result in civil or criminal consequences. Although the specific penalties are not detailed in the Explanatory Statement, breaches of regulations under the Australian War Memorial Act 1980 generally attract fines. The maximum penalties could potentially extend to significant monetary fines, depending on the severity of the breach and the discretion of the court. Non-compliance may also lead to other administrative actions, such as the revocation of operating permits or licenses, further impacting the Memorial's operations.