THE TERRITORY FOR THE SEAT OF GOVERNMENT
___________
No. 23 of 1931
AN ORDINANCE
To amend the National Memorials Ordinance 1928.
Be it ordained by the Governor-General of the Commonwealth of Australia, with the advice of the Federal Executive Council, in pursuance of the powers conferred by the Seat of Government Acceptance Act 1909, and the Seat of Government (Administration) Act 1910-1931, as follows : –
Short Title and citation
1. (1) This Ordinance may be cited as the National Memorials Ordinance 1931
(2.) The National Memorials Ordinance 1928 is in this Ordinance referred to as the Principal Ordinance.
(3.) The Principal Ordinance, as amended by this Ordinance, may be cited as the National Memorials Ordinance 1928-1931.
Definitions
2. Section two of the Principal Ordinance is amended by omitting from the definition of “public place” the word “Commission” and inserting in its stead the word “Commonwealth.”
Establishment of Committee
3. Section three of the Principal Ordinance is amended–
(a) by omitting from sub-section (2.) the words “Chief Commissioner” and inserting in their stead the words “Secretary, Department of Home Affairs, the Civic Administrator appointed under the Advisory Council Ordinance 1930-1931,”; and
(b) by omitting from sub-section (4.) the words “Chief Commissioner” and inserting in their stead the words “Secretary, Department of Home Affairs.”
Powers and Functions of Ministers
4. Section six of the Principal Ordinance is amended–
(a) by omitting the word “Commission” (wherever occurring) and inserting in its stead the word “Minister”;
(b) by omitting the word “it” (wherever occurring) and inserting in its stead the word “him”; and
(c) by omitting the word “its” and inserting in its stead the word “his”.
Powers and Functions of Committee
5. Section seven of the Principal Ordinance is amended–
(a) by omitting the word “Commission” (wherever occurring) and inserting in its stead the word “Minister”; and
(b) by omitting paragraph (b) of sub-section (3.) and inserting in its stead the following sub-section:-
“(b) be laid before each House of the Parliament within fifteen sitting days of that House after the making of the determination and”.
Disallowance of determination by Parliament
6. Section eight of the Principal Ordinance is amended by omitting the word “Commission” and inserting in its stead the word “Minister”.
Dated this twenty-seventh day of November, One thousand nine hundred and thirty-one.
ISAAC A. ISAACS
Governor-General
By His Excellency’s Command
ARTHUR BLAKELEY
Minister of State for Home Affairs
Overview
The National Memorials Ordinance 1931 was enacted to amend the National Memorials Ordinance 1928, addressing the need for updated provisions regarding the establishment and administration of national memorials within the Australian Capital Territory. This legislative instrument was issued by the Governor-General of the Commonwealth of Australia, Isaac Isaacs, in accordance with the powers granted under the Seat of Government Acceptance Act 1909 and the Seat of Government (Administration) Act 1910-1931. The underlying policy objective was to streamline the administrative framework for national memorials, ensuring that the governance and oversight of these sites align with the evolving responsibilities of the Federal Government. The ordinance introduced changes to the definitions, the establishment of a committee, and the powers and functions of both the Minister and the committee, reflecting a shift in the administrative structure and enhancing the oversight mechanisms for national memorials.
Scope and Application
The National Memorials Ordinance 1931 amends the National Memorials Ordinance 1928, with the purpose of updating the governance structure around national memorials in the Australian Capital Territory. The Ordinance applies to the establishment of a committee, which now comprises the Secretary of the Department of Home Affairs and the Civic Administrator appointed under the Advisory Council Ordinance 1930-1931. This change shifts the responsibilities and powers previously held by the Chief Commissioner to the Secretary and the Civic Administrator, thereby centralising the administration of national memorials within the Department of Home Affairs. Additionally, the Ordinance modifies the wording to reflect this shift, replacing references to the "Commission" with "Minister" and updating pronouns accordingly. The Ordinance also introduces a requirement for any determinations made by the committee to be laid before each House of Parliament within fifteen sitting days. The scope of the Ordinance is confined to the Australian Capital Territory, focusing on the administration and regulation of national memorials within this jurisdiction. The Act does not explicitly state any exclusions or exemptions, but its application is inherently limited to the specified amendments and the entities involved in the administration of national memorials.
Key Provisions
The National Memorials Ordinance 1931 makes several significant amendments to the National Memorials Ordinance 1928. For instance, section 2 amends the definition of "public place" by removing the term "Commission" and replacing it with "Commonwealth." Section 3 revises the establishment of the committee by changing the title "Chief Commissioner" to "Secretary, Department of Home Affairs, the Civic Administrator appointed under the Advisory Council Ordinance 1930-1931" in subsection (2), and replacing "Chief Commissioner" with "Secretary, Department of Home Affairs" in subsection (4). Section 4 modifies the powers and functions of Ministers by replacing the word "Commission" with "Minister," "it" with "him," and "its" with "his." In section 5, the term "Commission" is replaced with "Minister" in the powers and functions of the committee, and a new subsection (b) is added to subsection (3), requiring any determination to be laid before each House of the Parliament within fifteen sitting days of that House after the making of the determination. Lastly, section 6 replaces the term "Commission" with "Minister" in the disallowance of determination by Parliament.
The amendments impose specific obligations on the parties involved. The Secretary, Department of Home Affairs, and the Civic Administrator now have roles in the establishment of the committee, while the Minister's powers and functions are altered. The new requirement to lay determinations before each House of the Parliament within fifteen sitting days introduces a procedural obligation for timely reporting and parliamentary scrutiny. These changes reflect a shift in the administrative structure and processes related to national memorials.
Breaches of the provisions outlined in the National Memorials Ordinance 1931 may lead to various legal consequences. Although the document does not specify particular offences or penalties, non-compliance with the new procedural requirements could result in civil or administrative penalties under the broader legislative framework. The failure to adhere to the stipulated timelines for laying determinations before Parliament could be considered a breach of parliamentary procedures, potentially leading to further legal ramifications. It is essential for the relevant parties to be aware of and comply with these obligations to avoid any adverse consequences.