Australian War Memorial Regulations (Amendment)

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1980 No. 298

REGULATIONS UNDER THE AUSTRALIAN WAR MEMORIAL ACT 19801

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian War Memorial Act 1980.

Dated this twelfth day of October 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

R. ELLICOTT

Minister of State for Home Affairs

 

AMENDMENTS OF THE AUSTRALIAN WAR MEMORIAL REGULATIONS2

 1. After regulation 1 of the Australian War Memorial Regulations the following regulation is inserted:

Interpretation

 “1A. In these Regulations, unless the contrary intention appears —

‘attendant’ means a member of the staff of the Memorial who holds the office of attendant;

‘authorized person’ means a person appointed to be an authorized person under regulation 3;

‘certificate of authority’, in relation to an authorized person, means a certificate issued to that person under regulation 3;

‘Memorial building’ means a building forming part of —

 (a) the national memorial referred to in sub-section 5 (1) of the Australian War Memorial Act 1980; or

 (b) any additions made to that memorial in the course of its development under that Act,

and ‘Memorial land’ has a corresponding meaning;

‘uniformed attendant’ means an attendant dressed in the uniform approved by the Council for use by attendants.”'.

 2. The Australian War Memorial Regulations are amended by adding at the end thereof the following regulations:

Authorized persons

 “3. (1) The Council may appoint members of the staff of the Memorial as authorized persons for the purposes of these Regulations.

 “(2) The Council shall issue to each person appointed under sub-regulation (1) a certificate of authority in accordance with a form approved by the Council.

Offences

 “4. A person shall not, without the consent of the Council or of a person authorized by the Council to give a consent for the purposes of this regulation —

 (a) damage or interfere with any war relic on Memorial land;

 (b) expose, or cause to be exposed, for show, sale or hire any article on Memorial land;

 (c) cause, permit or allow a dog or other animal belonging to him or in his charge to enter or remain in a Memorial building; or

 (d) affix any posting bill or other paper against or upon, or write upon, soil, deface or mark, any building, wall or fence on Memorial land.

Directions by attendants or authorized persons

 “5. (1) A uniformed attendant or an authorized person may direct a person —

 (a) not to take into a Memorial building a bag, case, parcel or other article;

 (b) not to touch, or otherwise interfere with, a war relic on Memorial land; or

 (c) not to enter, or remain in, a Memorial building or part of a Memorial building to which a notice under regulation 6 relates.

 “(2) An authorized person shall, at the time of giving a direction under sub-regulation (1), produce his certificate of authority to the person to whom he is giving the direction.

 “(3) A person to whom a direction is given in accordance with this regulation shall obey that direction.

Notices prohibiting entry to buildings, &c.

 “6. (1) The Council may cause to be displayed in or adjacent to a Memorial building or a part of a Memorial building a notice or notices prohibiting entry into that building or into or on that part.

 “(2) A notice referred to in sub-regulation (1) shall state that it is authorized by the Council.

 “(3) Where a notice in accordance with this regulation is displayed in relation to a building or a part of a building, a person shall not enter or remain in the building or part unless he has obtained the consent of the Council or of a person authorized by the Council to give consent for the purposes of this regulation.

 “(4) It is a defence to a prosecution for an offence against sub-regulation (3) if the person charged with that offence proves that he was not aware and, because of the position or size of the notice referred to in that sub-regulation, could not reasonably have been aware, when he entered, and while he remained, in the building or part, of the purport of the notice.

Parking of vehicles

 “7. (1) A uniformed attendant or an authorized person may direct a person in charge of a vehicle on Memorial land—

 (a) not to park the vehicle on Memorial land except in a specified place; or

 (b) not to park the vehicle in a specified place on Memorial land.

 “(2) An authorized person shall, at the time of giving a direction under this regulation produce his certificate of authority to the person to whom he is giving the direction.

 “(3) A person who is given a direction, in accordance with this regulation, not to park a vehicle on Memorial land except in a specified place shall not park the vehicle in any other place on Memorial land.

 “(4) A person who is given a direction, in accordance with this regulation, not to park a vehicle in a specified place on Memorial land shall not park the vehicle in that place.

Penalty for contravention of these Regulations

 “8. Any contravention of regulation 4 or sub-regulation 5 (3), 6 (3), 7 (3) or 7 (4) is an offence punishable upon conviction by a fine not exceeding $100.

Certificate of Council to be evidence

 “9. In any proceedings for an offence under these Regulations a certificate under the seal of the Council certifying that, at the time or during the period specified in the certificate—

 (a) the person named in the certificate was an attendant, or was an authorized person, for the purposes of these Regulations;

 (b) the uniform described in the certificate was the uniform approved by the Council for use by attendants;

 (c) the notice described in the certificate was a notice referred to in sub-regulation 6 (1) that the Council had caused to be displayed; or

 (d) the form of certificate of authority set out in the certificate issued under this regulation was the form approved by the Council under sub-regulation 3 (2),

is evidence of the matter so certified.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 October 1980.

2. Statutory Rules 1980 No. 182.

Overview

The Australian War Memorial Regulations 1980 were introduced to provide a legal framework governing the management and protection of the Australian War Memorial and its associated land. Enacted by the Governor-General of the Commonwealth of Australia, these regulations were made under the authority of the Australian War Memorial Act 1980. The primary objective of these regulations is to ensure the preservation, security, and respectful conduct within the premises of the Australian War Memorial, which serves as a significant national site for commemorating the sacrifices of Australians in wars and military operations. The regulations outline various provisions, including the appointment of authorised persons, the prohibition of specific activities on Memorial land, and the imposition of penalties for contraventions, all aimed at maintaining the integrity and sanctity of the war memorial.

Scope and Application

The Australian War Memorial Regulations, promulgated under the Australian War Memorial Act 1980, govern conduct and activities on Memorial land and within Memorial buildings, which include the national memorial and any additions made to it. These regulations apply to any person or entity present on the Memorial land or within the Memorial buildings, including both individuals and groups. They are designed to protect the integrity and sanctity of the Memorial, ensuring that it remains a place of respect and remembrance. The regulations extend to the Commonwealth jurisdiction and are applicable across Australia. They establish clear guidelines on what constitutes acceptable behaviour and what activities are prohibited, such as damaging war relics, displaying articles for show or sale, bringing animals into Memorial buildings, and defacing property. Additionally, they empower uniformed attendants and authorised persons to direct individuals and enforce compliance with these rules. The regulations also include provisions for the Council to issue certificates of authority to authorised persons and notices to restrict entry to certain areas. Any contravention of these regulations is subject to penalties, with fines not exceeding $100 for offences, and certificates issued by the Council serve as evidence in related proceedings.

Key Provisions

The Australian War Memorial Regulations (1980) outline a series of rules and provisions designed to govern the conduct and management of the Australian War Memorial and its surrounding lands. These regulations are essential for ensuring the preservation and respectful management of the Memorial, which serves as a national tribute to those who served in Australia's military conflicts. The regulations are particularly concerned with maintaining the sanctity and integrity of the Memorial site, including its buildings and war relics. Under these regulations, the Council of the Australian War Memorial is empowered to appoint staff members as authorized persons (regulation 3). These authorized persons are tasked with enforcing specific provisions outlined within the regulations. For instance, they have the authority to direct individuals not to take certain items into Memorial buildings or to prevent interference with war relics on Memorial land (regulation 5). Additionally, authorized persons and uniformed attendants can restrict vehicle parking in specific areas on Memorial land (regulation 7). It is mandatory for authorized persons to display their certificate of authority when issuing such directions (regulations 5(2) and 7(2)). The regulations impose several obligations on individuals visiting the Memorial. These include prohibitions against damaging war relics, exposing articles for show or sale, bringing animals into Memorial buildings, and defacing or marking any structures or fences on Memorial land (regulation 4). Visitors must also comply with directions given by authorized persons or uniformed attendants regarding the entry and use of Memorial buildings and land (regulations 5 and 7). Furthermore, individuals are prohibited from entering buildings or areas where notices prohibiting entry have been displayed by the Council (regulation 6). Breaching any of these regulations constitutes an offence. The primary penalty for contravention of these regulations is a fine not exceeding $100 (regulation 8). This penalty applies to actions such as damaging war relics, disregarding directions from authorized persons or uniformed attendants, and entering prohibited areas. The regulations also provide that a certificate issued by the Council, attesting to specific facts such as the status of an individual or the display of notices, serves as evidence in any proceedings for an offence under these regulations (regulation 9).

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Area of Law
Memorial Law
Instrument
Regulations
Concepts
Definitions & Interpretation
Offence Provisions
Reporting & Disclosure Obligations
Catchwords
Authorized persons
Penalty for contravention

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