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 No. 375, issued under the authority of the Minister for Veterans' Affairs, was enacted to amend the Australian War Memorial Regulations made under the Australian War Memorial Act 1980. This legislative amendment introduced entry charges for the exhibition areas of the Treloar Centre, operated by the Australian War Memorial at Mitchell in the Australian Capital Territory. The policy objective of this regulation is to provide a structured entry charge system that balances the need to cover operational costs with the principles of accessibility and respect for the contributions of veterans and other exempted categories. The regulation sets varying charges based on age and eligibility for concessions, with certain groups, including veterans and full-time students, being exempt from or subject to reduced charges.
Scope and Application
The Australian War Memorial Regulations (Amendment) 1994 No. 375 amends the Australian War Memorial Regulations to implement a decision by the Council of the Australian War Memorial to charge for entry into the exhibition areas of the Treloar Centre in Mitchell, Australian Capital Territory. The Act applies to all persons who wish to enter the specified exhibition areas of the Treloar Centre, which are defined as areas open to the public and containing exhibitions or displays of historical material from the Memorial's collection. The entry charges vary according to age and eligibility for certain concessions, with members of the Defence Force who meet specific criteria, individuals in receipt of certain pensions, and persons entering for official purposes being exempt from charges. The amendment extends the application of the Act by adding a new regulation concerning entry fees, which will be effective from the date of notification in the Commonwealth of Australia Gazette.
Key Provisions
The Australian War Memorial Regulations (Amendment) 1994 No. 375, under the authority of the Minister for Veterans' Affairs, amends the existing Australian War Memorial Regulations to introduce charges for entry into the exhibition areas of the Treloar Centre. Regulation 8A, introduced by this amendment, specifies the fees for entry into these exhibition areas. According to the new regulation, individuals aged 15 years and over are required to pay a fee of $3.00, while those aged between 5 and 14 years are charged $2.00. Additionally, certain categories of individuals such as those receiving fringe benefits under the Social Security Act 1991, holders of a seniors health card, and full-time students under 25 years of age are also charged $2.00. These fees are intended to support the maintenance and operation of the exhibition areas.
The amending Regulation imposes specific obligations on various parties. For the Australian War Memorial, it mandates the implementation of the new fee structure starting from the date of notification in the Commonwealth of Australia Gazette. It also requires the Memorial to ensure that the designated categories of individuals who are exempt from paying the entry fees are correctly identified and allowed entry without charge. Furthermore, authorised officers of the Memorial are obligated to ensure that the regulations are enforced properly, including verifying the eligibility of individuals claiming exemption from the fees.
Breaches of these regulations may result in civil or criminal consequences. While the exact penalties are not specified in the explanatory statement, it is common for such regulatory breaches to attract fines or other legal actions as stipulated by relevant legislative frameworks. Specifically, failure to adhere to the entry fee requirements or misidentifying individuals who should be exempt from the charges could lead to legal repercussions, including potential fines or other administrative penalties. These consequences underscore the importance of compliance with the newly amended regulations.