National Memorials Ordinance 1937

Overview

The National Memorials Ordinance 1937, enacted by the Governor-General in pursuance of the powers conferred by the Seat of Government Acceptance Act 1909 and the Seat of Government (Administration) Act 1910-1933, represents a legislative amendment to the National Memorials Ordinance 1928-1931. This Ordinance seeks to refine the administrative framework surrounding the creation and management of national memorials within the City District, specifically addressing the roles and responsibilities of the Committee and the Minister of State for the Interior. By amending the Principal Ordinance, it aims to clarify the process through which national memorials are designed and erected when funded by the Commonwealth, ensuring that the execution of these projects is efficiently managed and contractually bound. The enactment of this Ordinance by the Federal Executive Council under the advice of the Governor-General demonstrates a commitment to updating the legislative structure to better align with the administrative needs of the time, ensuring that the creation of national memorials is both organised and accountable. The policy objective appears to be the establishment of a clear and authoritative pathway for the development of national memorials, ensuring that they are properly designed, executed, and erected in accordance with the wishes of the Committee and the financial provisions of the Commonwealth.

Scope and Application

The National Memorials Ordinance 1937 amends the existing National Memorials Ordinance 1928-1931, as further modified by the Seat of Government (Administration) Ordinance 1930-1937, to refine the governance and execution of national memorials within the City District. This legislative instrument applies to the entities responsible for the design, execution, and erection of national memorials, primarily the Committee established under the Principal Ordinance and the Minister for the Interior. The Act is geographically confined to the City District, which in this context refers to the designated area for the seat of government in Australia. The legislation does not explicitly state exclusions or exemptions, but it does delineate the roles and responsibilities of the Minister in relation to the financial and contractual aspects of memorial projects. The Act extends its application through subordinate instruments that may further specify the procedures and criteria for the erection of national memorials. The scope of this ordinance is thus focused on ensuring the orderly and authorised establishment of national memorials within the specified district.

Key Provisions

The main operative sections of the National Memorials Ordinance 1937 amend the National Memorials Ordinance 1928-1931 as previously amended by the Seat of Government (Administration) Ordinance 1930-1937. Section 2(2) refers to the Principal Ordinance, while section 2(3) indicates that the Principal Ordinance, as amended by this Ordinance, will be referred to as the National Memorials Ordinance 1928-1937. The significant amendment in section 2 removes paragraph (c) of subsection (3) of section seven of the Principal Ordinance and replaces it with a new paragraph that specifies the operational provisions of the ordinance. Additionally, section 3 introduces a new section nine, which allows the Minister to enter into contracts or agreements for the execution and erection of a national memorial if the Committee has determined the character of the memorial and the cost is to be borne by the Commonwealth. The obligations imposed by the Act on the parties involved are primarily centred around the Committee and the Minister. The Committee is responsible for determining the character of national memorials in the City District. Once the character of a national memorial is determined by the Committee, the Minister is authorised to enter into contracts or agreements for the execution and erection of the memorial if the cost is to be borne by the Commonwealth. This places a clear responsibility on the Committee to make initial decisions regarding the design and nature of the memorials, while the Minister has the authority to facilitate the practical aspects of their creation. The Act does not explicitly outline specific offences or penalties for breaches of its provisions. However, failure to comply with the directives regarding the determination of the character of national memorials by the Committee or the Minister’s authority to make contracts or agreements could potentially lead to legal challenges or administrative actions under broader legislative frameworks or common law principles. While the Act itself does not state maximum penalties, breaches could result in legal disputes, administrative penalties, or other consequences depending on the jurisdiction and the specific context of the breach.