Military Memorials of National Significance Act 2008

Administered by Department of Veterans' Affairs

Legislation au C2008A00080 In force Act

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Military Memorials of National Significance Act 2008

 

No. 80, 2008

 

 

 

 

 

An Act to provide for certain memorials to have the status of Military Memorials of National Significance, and for related purposes

 

 

 

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Definition

Part 2—Declaration of Military Memorials of National Significance

4 Declaration of Military Memorials of National Significance

5 Approval of alterations

6 Revocation of declarations

7 Making applications

8 Consultation

Part 3—Miscellaneous

9 Commonwealth not responsible for declared memorials

10 Regulations

 

 

 

Military Memorials of National Significance Act 2008

No. 80, 2008

 

 

 

An Act to provide for certain memorials to have the status of Military Memorials of National Significance, and for related purposes

[Assented to 12 July 2008]

The Parliament of Australia enacts:

Part 1—Preliminary

 

1  Short title

  This Act may be cited as the Military Memorials of National Significance Act 2008.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Definition

  In this Act:

State or Northern Territory authority means:

 (a) a State or the Northern Territory; or

 (b) a local government body, or other authority, established by or under a law of a State or the Northern Territory.


Part 2—Declaration of Military Memorials of National Significance

 

4  Declaration of Military Memorials of National Significance

 (1) The Minister may, by notice published in the Gazette, declare a memorial to be a Military Memorial of National Significance if:

 (a) an application for the memorial to be so declared has been made in accordance with section 7 (subject to subsection (2) of this section); and

 (b) the Minister is satisfied that the memorial meets the criteria specified in subsection (3); and

 (c) the Prime Minister has, in writing, agreed to the making of the declaration.

 (2) Paragraph (1)(a) does not apply in relation to the Australian Ex‑Prisoners of War Memorial in Ballarat.

 (3) For the purpose of paragraph (1)(b), the criteria are as follows:

 (a) the memorial is of a scale, design and standard appropriate for a memorial of nationally significant status, and is appropriately dignified and symbolic;

 (b) the memorial commemorates Australia’s military involvement in a significant aspect of Australia’s wartime history, and that is its sole purpose;

 (c) the memorial has a major role in community commemorations;

 (d) Commonwealth flag protocols are observed in relation to the memorial;

 (e) the memorial is owned or managed by a State or Northern Territory authority that has responsibility (including financial responsibility) for the ongoing maintenance of the memorial, and for any refurbishments;

 (f) the memorial complies with applicable planning, construction and related requirements;

 (g) the memorial is located on public land within a State or the Northern Territory;

 (h) the memorial is publicly accessible and there is no entry fee;

 (i) the memorial is a completed and functioning memorial;

 (j) the memorial is not associated with a commercial function that conflicts with its commemorative purpose.

 (4) The following are not legislative instruments:

 (a) a notice published in the Gazette under subsection (1);

 (b) an agreement by the Prime Minister under paragraph (1)(c).

5  Approval of alterations

 (1) The Minister may, in writing, approve an alteration to a memorial in relation to which a declaration under section 4 has been made if:

 (a) an application for approval of the alteration has been made in accordance with section 7; and

 (b) the Minister is satisfied that the memorial will still meet the criteria specified in subsection 4(3) if the alteration is made.

 (2) An approval under subsection (1) is not a legislative instrument.

6  Revocation of declarations

 (1) The Minister may, by notice published in the Gazette, revoke a declaration made under section 4 in relation to a memorial if:

 (a) either:

 (i) the Minister is no longer satisfied that the memorial meets the criteria specified in subsection 4(3); or

 (ii) the memorial has been altered since the declaration was made, and the Minister has not approved the alteration under section 5; and

 (b) the Prime Minister has, in writing, agreed to the revocation of the declaration.

 (2) The following are not legislative instruments:

 (a) a notice published in the Gazette under subsection (1);

 (b) an agreement by the Prime Minister under paragraph (1)(b).

7  Making applications

 (1) Subject to this section, an application may be made for:

 (a) a memorial to be declared to be a Military Memorial of National Significance; or

 (b) approval of an alteration to a memorial that has been declared to be a Military Memorial of National Significance.

 (2) The application can only be made by, or on behalf of, a State or Northern Territory authority that owns or manages the memorial.

 (3) The applicable requirements of the regulations must be complied with in relation to the application.

8  Consultation

  For the purpose of making decisions under this Act, the Minister may consult any persons or bodies that the Minister thinks it appropriate to consult.


Part 3—Miscellaneous

 

9  Commonwealth not responsible for declared memorials

  The Commonwealth does not have any responsibility (financial or otherwise) for a memorial merely because a declaration has been made under section 4 in relation to the memorial.

10  Regulations

  The Governor‑General may make regulations prescribing matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 19 March 2008

Senate on 24 June 2008]

(63/08)

 

Overview

The Military Memorials of National Significance Act 2008 was enacted by the Parliament of Australia to provide a framework for the declaration of certain military memorials as memorials of national significance. This Act was introduced to address the need for a formal recognition of the importance of specific military memorials, ensuring that they are appropriately maintained and managed. The policy objective is to honour Australia's military history by identifying and protecting significant memorials, while also ensuring that these sites remain accessible to the public and free of charge. The Act allows for the Minister, with the agreement of the Prime Minister, to declare certain memorials as Military Memorials of National Significance based on specific criteria, including their scale, design, commemorative purpose, and ongoing management by a State or Northern Territory authority. It also provides mechanisms for the approval of alterations to these memorials and the revocation of their declared status if necessary.

Scope and Application

The Military Memorials of National Significance Act 2008 applies to the declaration, alteration, and revocation of certain memorials as Military Memorials of National Significance within Australia. This Act is applicable to memorials owned or managed by State or Northern Territory authorities, including State or local government bodies. The Act provides for the declaration of memorials that meet specific criteria, such as being of a scale, design, and standard appropriate for a memorial of nationally significant status, and that commemorate Australia's military involvement in significant aspects of its wartime history. The Act also allows for the approval of alterations to these memorials and the revocation of their declared status if certain conditions are met. The Act does not impose any financial responsibility on the Commonwealth for the maintenance or refurbishment of these memorials, leaving such responsibilities with the relevant State or Northern Territory authority. The Act's application can be extended or restricted through regulations made under its authority.

Key Provisions

The Military Memorials of National Significance Act 2008 (section 4) allows the Minister to declare a memorial as a Military Memorial of National Significance through a notice published in the Gazette, provided an application has been made under section 7, the Minister is satisfied that the memorial meets the criteria specified in subsection 4(3), and the Prime Minister has agreed to the declaration in writing. The criteria include the memorial being of appropriate scale, design, and standard, commemorating a significant aspect of Australia’s wartime history, playing a major role in community commemorations, and complying with applicable planning and construction requirements. Additionally, the memorial must be owned or managed by a State or Northern Territory authority responsible for its maintenance and located on public land within a State or the Northern Territory. The Act imposes several obligations on the parties or entities it governs. The Minister is responsible for making declarations, approving alterations, and revoking declarations of Military Memorials of National Significance, but only if certain conditions are met (sections 4, 5, and 6). The application for a memorial to be declared or for approval of an alteration can only be made by, or on behalf of, a State or Northern Territory authority that owns or manages the memorial (section 7). The Minister may also consult any persons or bodies that they think appropriate to assist in making decisions under this Act (section 8). Moreover, the Commonwealth is not responsible for a memorial merely because a declaration has been made under section 4 (section 9). For breaches of the Act, there are no specific offences, penalties, or civil/criminal consequences outlined in the text. However, the Act does provide that a notice published in the Gazette under sections 4, 5, and 6, and an agreement by the Prime Minister under sections 4(c), 6(b), and 7(1), are not legislative instruments (sections 4(4)(a), 5(2), 6(2)(a), 6(2)(b), and 7(2)). The Act does, however, allow for the Governor-General to make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act (section 10).

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