National Memorials (Amendment) Ordinance 1989

Administered by Attorney-General's Department

Legislation au F2009B00015 Not in force Legislative Instrument

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EXPLANATORY MEMORANDUM

 

Minute No ACT 34 of 1989 - Minister for the Arts and Territories

 

 

Subject - Australian Capital Territory

Seat of Government (Administration) Act 1910 National Memorials (Amendment) Ordinance 1989

 

Subsection 12(1) of the Seat of Government (Administration) Act 1910 provides that the Governor-General may make Ordinances for the peace, order and good government of the Australian Capital Territory (the ACT).

 

The National Memorials Ordinance 1928 provides for the location and character of national memorials and the naming of suburbs and public places in the ACT.

 

As part of the planning and land management regime developed for the ACT as a consequence of self-government, the Australian Capital Territory (Planning and Land Management) Act 1988 provides that land in the ACT' will become the responsibility of the Territory, with the exception of land reserved by the Commonwealth for its own purposes. Reserved Commonwealth land will be known as 'National Land', while the remainder will be known as 'Territory Land'.

 

The proposed National Memorials (Amendment) Ordinance 1989 .( the Ordinance) limits the application of the National Memorials Ordinance 1928 to National Land. A parallel Ordinance,. to be administered by the ACT, will be made for Territory Land.

Details of the Ordinance are as follows.

Section 1 provides for the citation of the Ordinance. Section 2 provides that sections 1 and 2 of the Ordinance ..

commence on the day it is gazetted and the remainder commences on

the day the ACT Legislative Assembly is first able to make laws.

 

Section 3 provides that the term 'Principal Ordinance' means the National Memorials Ordinance 1928.              ·

 

Section 4 provides that the National Memorials Ordinance 1928 applies only in relation to National Land.

Section 5 amends section 3 of· the Principal Ordinance, which describes the composition of the Canberra National Memorials Committee, by omitting the redundant reference to 'the Department of the Interior' and substituting a more general reference to 'the Department' (which is defined in the Reserved Laws (Interpretation) Ordinance 1989 to mean the Department of State of the Commonwealth that is administered by the Minister for the time being administering the Ordinance).

 

 

 

Authority:  Subsection 12(1) of the

Seat of Government (Administration) Act 1910

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