AUSTRALIAN CAPITAL TERRITORY
No. 12 of 1972
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AN ORDINANCE
To amend the National Memorials Ordinance 1928-1959.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910-1970.
Dated this fifth day of April, 1972.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
RALPH J. HUNT
Minister of State for the Interior.
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NATIONAL MEMORIALS ORDINANCE 1972
Short title and citation
1. (1.) This Ordinance may be cited as the National Memorials Ordinance 1972.*
(2.) The National Memorials Ordinance 1928-1959† 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 1928-1972.
Long title
2. The long title of the Principal Ordinance is amended by omitting the words “the Canberra City District” and inserting in their stead the words “the Territory”.
Definitions
3. Section 2 of the Principal Ordinance is amended by omitting the definition of “City District”.
Schedule
4. The Principal Ordinance is amended as set out in the Schedule to this Ordinance.
* Notified in the Commonwealth Gazette on 13 April 1972.
†Ordinance No. 18, 1928, as amended by No 5, 1930; No. 23, 1931; No. 26, 1937; No. 6 1952; No. 2, 1953; and No. 21, 1959.
THE SCHEDULE Section 4.
Section amended | Omit- | Insert- |
Section 6 (1.) Section 6 (2.) Section 7 (2.) Section 8A (1.) Section 8A (2.) Section 8C (1.) Section 8C (2.) Section 9 | of the City District in the City District of the City District in the City District of the City District in the City District City District City District City District City District City District | of the Territory in the Territory of the Territory in the Territory of the Territory in the Territory Territory Territory Territory Territory Territory |
Overview
The National Memorials Ordinance 1972 was enacted to amend the National Memorials Ordinance 1928-1959, addressing the need to update the legislative framework governing memorials within the Australian Capital Territory. This legislative instrument was made by the Governor-General in accordance with the Seat of Government (Administration) Act 1910-1970. The policy objective behind this amendment was to broaden the scope of the memorials legislation from being limited to the Canberra City District to encompassing the entire Territory. This change reflects a shift in the administration and governance of memorials within the region, ensuring that the legislative provisions are applicable across the whole territory rather than being confined to a specific district.
Scope and Application
The National Memorials Ordinance 1972 amends the existing National Memorials Ordinance 1928-1959, which is now referred to as the Principal Ordinance and cited as the National Memorials Ordinance 1928-1972. This ordinance applies to the Australian Capital Territory, extending its jurisdictional reach across the entire territory rather than being limited to the Canberra City District as previously specified. The amendments involve the replacement of references to the "City District" with "Territory" across various sections of the Principal Ordinance, thereby broadening the scope of the legislation to cover the entire Australian Capital Territory instead of just the previously defined area. The ordinance does not explicitly state any exclusions, exemptions, or thresholds, and its application is primarily confined to the alterations specified within the schedule of the ordinance. The enactment of this ordinance signifies an expansion in the geographic and jurisdictional reach of the National Memorials Ordinance, ensuring that it applies comprehensively throughout the Australian Capital Territory.
Key Provisions
The National Memorials Ordinance 1972 (Ordinance) amends the National Memorials Ordinance 1928-1959, which is now referred to as the Principal Ordinance. The key changes made by this Ordinance are detailed in the Schedule, where references to the "City District" are replaced with "the Territory." The purpose of this change is to update the geographic scope of the Principal Ordinance to reflect the broader Australian Capital Territory. The long title of the Principal Ordinance has been amended to reflect this change, and the definition of "City District" in Section 2 of the Principal Ordinance has been removed.
The obligations imposed by the Principal Ordinance are primarily concerned with the establishment, maintenance, and regulation of national memorials within the Territory. The amended sections in the Schedule detail the locations and scope of these memorials and how they should be managed and respected. The changes in the Ordinance mean that any memorial within the Territory is now subject to the regulations set out in the Principal Ordinance, rather than just those within the former City District.
The Ordinance does not explicitly detail offences or penalties for non-compliance with the Principal Ordinance. However, the original Principal Ordinance likely contained provisions for penalties in the event of unauthorised alterations or disrespect towards national memorials. These could include fines or imprisonment for severe cases of vandalism or desecration. The maximum penalties would be determined by the original Principal Ordinance and any subsequent amendments or related legislation.
In summary, the National Memorials Ordinance 1972 updates the geographic scope of the Principal Ordinance from the former City District to the entire Australian Capital Territory. It removes the definition of "City District" and amends references throughout the Principal Ordinance to reflect this change. The obligations remain consistent with the original intent of the Principal Ordinance, focusing on the proper establishment, maintenance, and respect of national memorials within the Territory. Potential penalties for breaches would be in accordance with the provisions of the Principal Ordinance and any related legislation.