National Memorials Ordinance 1952

Overview

The National Memorials Ordinance 1952 was enacted to amend the National Memorials Ordinance 1928-1937, addressing the need to refine and update the legislative framework governing national memorials and public places in the Australian Capital Territory. This legislative instrument was enacted by the Governor-General in accordance with the powers conferred by the Seat of Government Acceptance Act 1909-1938 and the Seat of Government (Administration) Act 1910-1947. The primary objective of this amendment was to enhance the governance and nomenclature of public places within the City District, ensuring that they reflect notable contributions to Australia's national identity and heritage. The changes introduced include the explicit delegation of authority to the Minister to determine the names of public places and the establishment of a process for objections to such determinations, ensuring a balance between administrative efficiency and public participation.

Scope and Application

The National Memorials Ordinance 1952, as amended, applies specifically within the Australian Capital Territory (ACT) and pertains to the nomenclature of public places within the City District. This legislation governs the powers and functions of the Minister and the Committee in relation to the naming of these public places. The Minister has the authority to determine and publish the names of public places in the City District, subject to objections and subsequent review by the Committee. The Ordinance mandates that both the Minister and the Committee consider names that reflect notable contributions to Australia, Australian flora, and other characteristic elements of the nation and its people. The Ordinance also allows for the revocation or variation of existing determinations regarding the nomenclature of public places. While the primary focus of the legislation is on the City District within the ACT, any subordinate instruments that may extend or modify the application of this Act are not explicitly detailed within the text provided.

Key Provisions

The National Memorials Ordinance 1952 amends the National Memorials Ordinance 1928-1937, and it introduces several key provisions. Firstly, it removes certain powers related to public places from sections six and seven of the Principal Ordinance. Secondly, it introduces new provisions that allow the Minister to determine the nomenclature of public places in the City District, and to revoke or vary such determinations (sections 8A). These determinations must be published in the Gazette and will come into operation on the date of publication. If a written objection to a Minister's determination is lodged within 21 days of the Gazette publication, the Minister must refer the matter to the Committee, which will then make its own determination (section 8B). The Committee's determination, like that of the Minister, must also be published in the Gazette and will take effect on the date of publication. In making nomenclature proposals or determinations, both the Minister and the Committee are required to consider names of individuals who have made significant contributions to Australia, including those related to exploration, navigation, politics, and other notable fields, as well as names of Australian flora and things characteristic of Australia or Australians (section 8C). Under the National Memorials Ordinance 1952, the Minister and the Committee have specific obligations regarding the nomenclature of public places in the City District. The Minister has the authority to determine, revoke, or vary the names of public places, and to publish these decisions in the Gazette. Additionally, the Minister must consider certain criteria when making nomenclature proposals or determinations, such as the contributions of individuals to Australia, names of Australian flora, and words of Aboriginal natives. The Committee is responsible for considering any objections to the Minister’s determinations and making its own determinations, which also need to be published in the Gazette. Both the Minister and the Committee must have regard to the specified criteria when making their determinations. Breaches of the National Memorials Ordinance 1952 may result in various consequences, although the Ordinance itself does not explicitly state penalties or offences. Typically, non-compliance with legislative requirements might lead to administrative actions, such as fines or other enforcement measures, depending on the specific nature of the breach and the applicable laws. The exact penalties and consequences would be determined by other relevant legislation or regulations that govern the enforcement of such ordinances. The Ordinance primarily focuses on the procedural aspects of determining and objecting to the nomenclature of public places, rather than prescribing specific penalties for non-compliance.