Australian War Memorial Regulations

Legislation au C1968L00045 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1968 No.

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REGULATIONS UNDER THE AUSTRALIAN WAR MEMORIAL ACT 1962-1966.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian War Memorial Act 1962-1966.

Dated this twenty-first day of March, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

(Sgd.) PETER NIXON

Minister of State for the Interior.

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AUSTRALIAN WAR MEMORIAL REGULATIONS

Citation.

1. These Regulations may be cited as the Australian War Memorial Regulations.

Definitions.

2. 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 the next succeeding regulation;

“certificate of authority”, in relation to an authorized person, means the certificate of authority issued to him under the next succeeding regulation;

“Memorial building” means a building forming part of the Memorial;

“Memorial land” means land forming part of the Memorial;

“uniformed attendant” means an attendant dressed in the uniform approved by the Board for use by attendants.

Authorized persons.

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

(2.) The Board shall issue to a person so appointed a certificate of authority in accordance with a form approved by the Board.

Offences.

4. A person shall not, without the consent of the Board or of a person authorized by the Board 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;

 

* Notified in the Commonwealth Gazette on  1968.

14323/67—Price 8c  9/30.1.1968


(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 the next succeeding regulation relates.

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

(3.) A person shall obey a direction given in accordance with this regulation.

Notices prohibiting entry to buildings, &c.

6.—(1.) The Board 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 the last preceding sub-regulation shall state that it is authorized by the Board.

(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 Board or of a person authorized by the Board to give a consent for the purposes of this regulation.

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

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) to park the vehicle in a specified place on Memorial land; or

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

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

(3.) A person who is given a direction, in accordance with this regulation, to park a vehicle in a specified place on Memorial land 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 a provision of these Regulations is an offence against that provision punishable upon conviction by a fine not exceeding One hundred dollars.


Certificate of Board to be evidence.

9. In any proceedings for an offence under these Regulations a certificate under the seal of the Board certifying that, at a time 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 Board for use by attendants;

(c) the notice described in the certificate was a notice that the Board had caused to be displayed for the purposes of these Regulations; or

(d) the form of certificate of authority set out in the certificate was the form approved by the Board under sub-regulation (2.) of regulation 3 of these Regulations,

is evidence of the matters so certified.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

Overview

The Australian War Memorial Regulations, 1968, were enacted under the Australian War Memorial Act 1962-1966 by the Governor-General in Council, as a legislative instrument to provide for the regulation of activities on land and in buildings associated with the Australian War Memorial. The regulations aim to safeguard the integrity and sanctity of the Memorial, protecting war relics and prohibiting various activities such as damaging relics, exposing articles for sale, or allowing animals into Memorial buildings. By providing clear directives and penalties for non-compliance, the regulations ensure that the Memorial remains a respectful and secure environment for remembrance and education. The Board is authorised to appoint authorised persons and issue certificates of authority to enforce these regulations effectively.

Scope and Application

The Australian War Memorial Regulations, made under the Australian War Memorial Act 1962-1966, apply to individuals, entities, and conduct within the boundaries of the Australian War Memorial. These regulations cover a range of activities including the protection of war relics, restrictions on the display or sale of articles on Memorial land, and the management of animals within Memorial buildings. The regulations are applicable across the Commonwealth of Australia and provide for the appointment of authorised persons who are empowered to enforce compliance with the regulations. Certain activities, such as damaging war relics or entering restricted areas, are expressly prohibited unless consent is obtained from the Board or an authorised person. Additionally, the regulations allow for the issuance of directions by uniformed attendants or authorised persons regarding the handling of personal items, the prohibition of certain behaviours, and the control of vehicle parking. Contraventions of these regulations are subject to penalties, with fines up to one hundred dollars for each offence. The regulations also provide that a certificate issued by the Board serves as evidence in any proceedings for an offence under the regulations.

Key Provisions

The Australian War Memorial Regulations, made under the Australian War Memorial Act 1962-1966, establish a framework to maintain the integrity and proper management of the Australian War Memorial and its lands. These Regulations define key terms such as "attendant," "authorized person," "certificate of authority," "Memorial building," "Memorial land," and "uniformed attendant" (Regulation 2). They outline the process for appointing authorized persons by the Board, which involves issuing a certificate of authority to appointed individuals (Regulation 3). The Regulations also specify what actions are prohibited without the consent of the Board or an authorized person, including damaging or interfering with war relics, exposing articles for show or sale, allowing animals in Memorial buildings, and defacing property (Regulation 4). The Regulations impose several obligations on individuals and entities interacting with the Australian War Memorial. Uniformed attendants and authorized persons are empowered to direct individuals regarding the entry and handling of items within Memorial buildings and on Memorial land, and they must produce their certificates of authority when giving such directions (Regulation 5). The Board has the authority to post notices prohibiting entry to specific buildings or parts of buildings, and individuals must not enter these areas without permission (Regulation 6). Authorized persons can also direct the parking of vehicles on Memorial land, and individuals must follow these directions strictly (Regulation 7). Breaches of the Australian War Memorial Regulations are treated as offences punishable by a fine not exceeding One hundred dollars upon conviction (Regulation 8). Additionally, a certificate from the Board is admissible as evidence in proceedings related to offences under these Regulations, certifying various specified matters such as the status of an individual as an attendant or authorized person, the approval of uniforms, notices, and certificates of authority (Regulation 9).

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