National Memorials Ordinance 1928
Subsection 8A(1)
Naming of Sir Roland Wilson Place
I, the Hon Nola Marino MP, Assistant Minister for Regional Development and Territories, pursuant to subsection 8A(1) of the National Memorials Ordinance 1928, hereby:
- determine the name of the hatched area as shown on the attached attached illustration titled Plan 1 Sir Roland Wilson Place Naming and identified as part Block 1 Section 33, Parkes, ACT, to be:
Sir Roland Wilson Place
The naming comes into operation upon the date of publication of this notice in the Commonwealth of Australia Gazette. Section 8B of the National Memorials Ordinance 1928 provides that if notice in writing objecting wholly or in part to the determination is lodged with the Minister within twenty one days of the date of publication of this notice in the Gazette, the Minister shall forthwith refer the determination or the part of the determination objected to, to the Canberra National Memorials Committee for a determination by the Committee.
Dated this 18th day of December 2020.
The Hon Nola Marino MP
Assistant Minister for Regional Development and Territories
Overview
The National Memorials Ordinance 1928 was enacted to establish a framework for the naming and recognition of national memorials in Australia. This legislation provides the necessary authority for the naming of places and memorials that commemorate significant individuals or events of national importance. In this instance, the Assistant Minister for Regional Development and Territories, the Hon Nola Marino MP, exercised her powers under the Ordinance to name a hatched area in Parkes, ACT, as "Sir Roland Wilson Place." The objective of this naming is to honour Sir Roland Wilson, a distinguished Australian public servant and economist, by associating his name with a specific area of national significance. The naming process involves public notification, with an opportunity for objections to be raised within a specified period, after which the Canberra National Memorials Committee may review the matter. This process ensures that the naming of national memorials reflects the values and historical importance recognised by the community.
Scope and Application
The National Memorials Ordinance 1928, specifically as amended by C2021G00027, applies to the renaming of a specific hatched area within Block 1 Section 33, Parkes, in the Australian Capital Territory (ACT). The named area will henceforth be known as Sir Roland Wilson Place, as determined by the Assistant Minister for Regional Development and Territories, the Hon Nola Marino MP. This Act delineates the jurisdictional scope as being within the Commonwealth of Australia, and its application is confined to the ACT. The Act includes provisions for public objection to the renaming, where any objections lodged within twenty-one days of the notice's publication in the Commonwealth of Australia Gazette will be referred to the Canberra National Memorials Committee for further determination. The Act itself does not outline any specific exclusions or thresholds, and it extends its application through the issuance of subordinate instruments as necessary to effect the renaming.
Key Provisions
The National Memorials Ordinance 1928 includes several key provisions, primarily concerning the naming of public spaces as memorials. Subsection 8A(1) allows the Assistant Minister for Regional Development and Territories to determine the name of a specific area, as evidenced by the recent naming of an area in Parkes, ACT, to "Sir Roland Wilson Place". This determination takes effect upon publication in the Commonwealth of Australia Gazette. Importantly, section 8B of the Ordinance stipulates that if any objections to the naming are lodged with the Minister within 21 days of the notice's publication, the Minister must immediately refer the matter to the Canberra National Memorials Committee for further determination.
Under the Ordinance, the Assistant Minister and the Minister bear specific obligations concerning the naming process. The Assistant Minister is tasked with making the initial determination of the memorial name, while the Minister must act on any objections by referring them to the Canberra National Memorials Committee. This structured process ensures that all potential objections are reviewed by an appropriate committee, maintaining a balance between the commemoration intentions and community sentiment.
Breaching the provisions of the National Memorials Ordinance 1928 does not typically result in direct criminal penalties, as the Act primarily focuses on administrative procedures for naming memorials. However, failure to comply with the stipulated objection process could result in civil consequences. For instance, if the Minister neglects to refer an objection to the Canberra National Memorials Committee within the specified timeframe, this could lead to legal challenges regarding the validity of the naming process. While the Act does not explicitly state maximum penalties, non-compliance with statutory requirements can be grounds for judicial review or other legal actions.
In terms of specific sanctions, the Act does not outline specific criminal or civil penalties for non-compliance. Nevertheless, the importance of adhering to the statutory procedures cannot be understated, as deviations from these processes could undermine the integrity of the memorial naming process. The focus of the Act, therefore, is to ensure that the naming of public memorials is done transparently and with due consideration of any public objections, rather than imposing punitive measures for non-compliance.