EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 39
AUSTRALIAN WAR MEMORIAL REGULATIONS (AMENDMENT)
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(Issued under the authority of the Minister of State for Home Affairs and Environment)
The purpose of the Australian War Memorial Regulations is to provide for the proper protection of the Australian War Memorial and the Memorial’s collections.
An amendment to regulation 3, which provides interpretations to be used in Regulations, is proposed to correct the interpretations of “certificate” and “security officer” which incorrectly refer to regulation 4 rather than regulation 5.
Overview
The Australian War Memorial Regulations (Amendment) Statutory Rules 1984 No. 39 were enacted to amend the Australian War Memorial Regulations, which were originally established to ensure the proper protection of the Australian War Memorial and its collections. The amendment, issued under the authority of the Minister of State for Home Affairs and Environment, aims to correct misinterpretations within the regulations concerning the terms “certificate” and “security officer”, which were incorrectly referring to regulation 4 instead of regulation 5. This amendment rectifies these inaccuracies to ensure the proper application and enforcement of the regulations. The policy objective remains to safeguard the Australian War Memorial and its collections effectively.
This amendment was enacted by the Parliament of Australia, reflecting the legislature's commitment to maintaining the integrity and security of the nation's war memorials and historical artefacts. By ensuring the correct interpretation of key terms within the regulations, the amendment aims to enhance the regulatory framework governing the Australian War Memorial, thereby contributing to its preservation and protection.
Scope and Application
The Australian War Memorial Regulations (Amendment) Statutory Rules 1984 No. 39 is an instrument designed to refine the interpretation of certain terms used within the Australian War Memorial Regulations, ensuring clarity and accuracy in the application of the Regulations. This amendment specifically corrects misinterpretations concerning the terms “certificate” and “security officer”, which were erroneously referenced to regulation 4 instead of the correct regulation 5. The Regulations primarily apply to the Australian War Memorial and its collections, thereby governing the conduct and activities relating to the preservation and management of these significant national assets. Geographically, the Regulations hold jurisdiction under the Commonwealth, impacting the operations and responsibilities related to the Australian War Memorial, which is situated in Canberra, Australian Capital Territory. The Regulations do not specify exclusions, exemptions, or thresholds, and while they are primarily self-contained, the scope of application may be extended or refined through subordinate instruments as necessary to address specific circumstances or developments in relation to the Memorial and its collections.
Key Provisions
The main operative sections of the Australian War Memorial Regulations, as amended, include Regulation 3, which provides definitions for terms used in the Regulations, and Regulation 5, which pertains to the authority and responsibilities of security officers. Regulation 3(1) offers definitions for terms such as "certificate" and "security officer," which are crucial for the interpretation and application of the Regulations. Regulation 5(1) outlines the authority of security officers, including the power to issue fines and enforce compliance with the Regulations.
The Regulations impose several obligations and requirements on the parties or entities they govern. Firstly, the Regulations require the proper protection of the Australian War Memorial and its collections, as stated in the Explanatory Statement. Under Regulation 3, parties must adhere to the definitions provided for terms used in the Regulations to ensure consistent interpretation and application. Furthermore, Regulation 5(1) places the responsibility of enforcing the Regulations and ensuring compliance on security officers, who are granted specific powers to carry out their duties.
Failure to comply with the Australian War Memorial Regulations may result in civil or criminal consequences, depending on the nature and severity of the breach. While the specific offences, penalties, or consequences for breach are not detailed in the provided text, it is reasonable to assume that non-compliance with the Regulations could lead to fines, legal action, or other penalties as outlined in the relevant legislation. The maximum penalties for breaches may vary depending on the specific circumstances and the discretion of the enforcing authorities.