Australian War Memorial Regulations (Amendment)

Legislation au C2004L03935 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Statutory Rules No. 448

Australian War Memorial Act 1980

Australian War Memorial Regulations (Amendment)

Issued by Authority of the Minister for Veterans’ Affairs

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 Regulations give effect to a decision by the Council of the Australian War Memorial to introduce charges for entry into the exhibition areas of the Australian War Memorial from 1 January 1991.

Details for each of the amending Regulations are set out below.

Regulation 1 - Commencement

Regulation 1 provides for the amending Regulations to commence from 1 January 1991 and thus allow for entry charges to the Memorial’s exhibition areas to commence from that date.

Regulation 2 - Amendment

This Regulation provides for the Australian War Memorial Regulations to be amended as set out in the amending regulations.

Regulation 3 - Interpretation

This regulation inserts definitions of “entry charge”, “exhibition areas” and “opening hours”. “Exhibition areas” is defined as those areas of the Memorial that are open to the public and contain exhibitions and displays of historical material from the Memorial collection or historical material that is otherwise in the possession of the Memorial.


The definition is framed in a way which ensures that entry fees will not be charged for admission to the commemorative and certain other areas of the Memorial which do not come within the definition of “exhibition areas”. These include the Introductory Gallery, the Store of Remembrance, the Inauguration Stone, the Hall of Memory, the Cloisters, the Memorial Bookshop, the Research Centre and the Archives.

“Opening hours” is defined as the hours determined by the Council from time to time as the hours during which the exhibition areas are to be open to the public.

Regulation 4 - New regulation 8A - Entry Charge

This regulation inserts a new regulation 8A. New sub-regulation 8A(1) provides for a charge to be fixed for entry into the exhibition areas of the Memorial during opening hours. That charge will apply to any day other than Anzac Day and Remembrance Day each year. This regulation also provides for an entry charge of $3.00 for a person, other than a prescribed person. A concessional entry charge of $2.00 will apply to a person who is a prescribed person for the purposes of the regulations.

Entry to the Memorial for children under the age of 15 years and for full-time students at a school, college or university and who are under the age of 25 will be free of charge.

Sub-regulation 8A (2) provides that the concessional entry charge of $2.00 will apply to Social Security pensioners receiving age, invalid, wives or carer’s pensions, sole parent’s pension, widowed person’s allowance, unemployment or sickness benefit, or rehabilitation allowance. The concession also applies to recipients of disability or service pension under Veterans’ Entitlements legislation and to members of the Defence Force who served overseas on active or operational service or who performed similar service inside Australia during the Second World War.

Sub-regulations 8A(3) & (4) provides for the issue of an annual pass to any member of the public for a fee of $10.00 which will entitle the holder to an unlimited number of visits to the exhibition areas during opening hours for a period of twelve months commencing on the day of issue of the pass.

Sub-regulation 8A(5) provides that where a person is the holder of a ticket issued by the Memorial for the purpose of attending a lecture or educational or cultural presentation on a day in the exhibition areas, an entry charge is not payable by that person for that day.

A person who has been admitted to the exhibition areas during opening hours on a day will, under the terms of sub-regulation 8A(6), be able to obtain a pass issued by


authority of the Council which, on surrender, will entitle the holder to be re-admitted without further payment during opening hours within twenty four hours of that pass being issued.

Sub-regulation 8A(7) provides that persons entering the Memorial on official business, or for other specified purposes connected with the work of the Memorial, will not be required to pay an entry charge. This sub-regulation will ensure that entry charges will not apply to admission to the Memorial’s exhibition areas on Anzac Day and Remembrance Day.

Overview

The Australian War Memorial Act 1980 was enacted by the Parliament of Australia to establish and govern the Australian War Memorial, providing a national repository for artefacts, documents, and information relating to Australia’s military history. This Act was introduced to address the need for a formal institution dedicated to the commemoration and remembrance of Australians who have served in the nation's defence. The policy objective is to ensure that the Memorial serves as a place of reflection, education, and national pride. The Australian War Memorial Regulations (Amendment) Statutory Rules No. 448, issued by the authority of the Minister for Veterans’ Affairs, modify the original regulations to introduce entry charges for the exhibition areas of the Memorial from 1 January 1991. These regulations aim to support the financial sustainability of the Memorial while ensuring equitable access by defining categories of free and concessional entry, as well as the issuance of annual passes.

Scope and Application

The Australian War Memorial Act 1980 applies to the Australian War Memorial and its operations, including the establishment and management of exhibitions, displays, and other activities related to the preservation and commemoration of Australia's war history. The Act authorises the Governor-General to make regulations to implement the purposes of the Act, such as the Australian War Memorial Regulations (Amendment) which establish entry charges for the Memorial's exhibition areas. The Regulations apply to any person seeking entry into the exhibition areas of the Australian War Memorial, which are defined as areas open to the public that contain exhibitions and displays of historical material. The Regulations set a standard entry charge of $3.00, with concessions available for certain groups such as social security pensioners and full-time students under 25 years of age. Children under 15 years of age and persons entering on official business are exempt from the entry charge. The Regulations also allow for the issuance of annual passes for unlimited entry during opening hours. The Regulations are applicable nationally, as they are made under the authority of an Act of the Commonwealth Parliament.

Key Provisions

The Australian War Memorial Regulations (Amendment) Statutory Rules No. 448, made under the Australian War Memorial Act 1980, introduce entry charges for the exhibition areas of the Australian War Memorial from 1 January 1991. Regulation 1 (1) specifies that the amending Regulations will commence from this date, thus allowing for the entry charges to begin. Regulation 2 provides for the amendment of the existing Australian War Memorial Regulations to incorporate these new entry charges. Regulation 3 includes essential definitions, such as "entry charge," "exhibition areas," and "opening hours," ensuring clarity and precision in the application of these new provisions. The parties or entities governed by the Act now face specific obligations and requirements. Under Regulation 4, an entry charge is mandated for access to the exhibition areas of the Memorial during opening hours, except on Anzac Day and Remembrance Day. Sub-regulation 8A(1) sets a standard entry charge of $3.00 for individuals who are not prescribed persons, while a concessional charge of $2.00 applies to prescribed persons as defined in the regulations. Additionally, entry is free for children under 15 and full-time students under 25. Sub-regulation 8A(3) and (4) introduce the option of an annual pass for $10.00, permitting unlimited visits to the exhibition areas for twelve months. Sub-regulation 8A(5) exempts individuals holding a Memorial ticket for a lecture or cultural event from paying an entry charge on that day. Sub-regulation 8A(6) allows for re-entry within 24 hours with a pass issued by the Council. Lastly, sub-regulation 8A(7) exempts persons entering on official business or for specified purposes related to the Memorial’s work. The Regulations impose specific offences and penalties for non-compliance. Although the text does not detail specific penalties, breaches of the Act, including failure to pay the entry charges where applicable, could potentially lead to legal consequences. Such breaches may be subject to the general enforcement provisions of the Australian War Memorial Act 1980, which could include fines or other civil remedies. Additionally, the imposition of charges without proper adherence to the regulatory framework could result in administrative penalties or legal action. The exact penalties would depend on the specific circumstances of the breach and the relevant provisions of the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.