AUSTRALIAN WAR MEMORIAL ACT 1980
- Updated as at 31 March 1992 (HISTACT CHAP 2794 #DATE 31:3:1992)
*1* The Australian War Memorial Act 1980 as shown in this reprint comprises Act
No. 104, 1980 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of Assent Commencement saving or
year transitional
provisions
Australian War Memorial Act 1980
104, 1980 6 June 1980 1 July 1980 (see Gazette
1980, No. S148)
Statute Law Revision Act 1981
61, 1981 12 June 1981 S. 115: Royal Assent (a)
-
Public Service Reform Act 1984
63, 1984 25 June 1984 S. 151 (1): 1 July 1984
(see Gazette 1984, No. S245)
(b) S. 151 (9)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985
65, 1985 5 June 1985 S. 3: 3 July 1985 (c)
-
Public Service and Statutory Authorities Amendment Act 1985
166, 1985 11 December 1985 S. 45: 8 Jan 1986 (d)
S. 45 (2)
Veterans' Affairs Legislation Amendment Act 1989
93, 1989 27 June 1989 Ss. 1, 2, 3 (2), 4-6, 8, 10, 12
and 16: Royal Assent
Ss. 3 (1), 9, 14 and 17: 22
Dec 1988
Ss. 7, 11 (a), (b) and 15:
18 Feb 1989
S. 11 (c): 1 Jan 1990
Remainder: 22 May 1986
-
Industrial Relations Legislation Amendment Act 1991
122, 1991 27 June 1991 Ss. 4 (1), 10 (b) and 15-20:
1 Dec 1988
Ss. 28 (b)-(e), 30 and 31:
10 Dec 1991 (see Gazette
1991, No. S332)
Remainder: Royal Assent
S. 31 (2)
(a) The Australian War Memorial Act 1980 was amended by section 115 only of the
Statute Law Revision Act 1981, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on
which it receives the Royal Assent."
(b) The Australian War Memorial Act 1980 was amended by section 151 (1) only
of the Public Service Reform Act 1984, subsection 2 (4) of which provides as
follows:
"(4) The remaining provisions of this Act shall come into operation on such
day as is, or on such respective days as are, fixed by Proclamation."
(c) The Australian War Memorial Act 1980 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2 (1) of
which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
(d) The Australian War Memorial Act 1980 was amended by section 45 only of the
Public Service and Statutory Authorities Amendment Act 1985, subsection 2 (7) of
which provides as follows:
"(7) The remaining provisions of this Act shall come into operation on the
twenty-eighth day after the day on which this Act receives the Royal Assent."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 23 rs. No. 122, 1991 S. 24 am. No.
122, 1991
S. 27 am. No. 61, 1981; No. 63, 1984
S. 28 am. No. 63, 1984
S. 29 am. No. 166, 1985
S. 35 am. No. 93, 1989
S. 38 rep. No. 65, 1985
AUSTRALIAN WAR MEMORIAL ACT 1980 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART II - THE AUSTRALIAN WAR MEMORIAL
4. Incorporation of Memorial
5. Functions of Memorial
6. Powers of Memorial
7. Land and historical material for Memorial
8. Disposal of historical material in memorial collection
PART III - THE COUNCIL OF THE MEMORIAL
9. Establishment of Council
10. Membership of Council
11. Chairman
12. Deputies of members
13. Remuneration etc.
14. Termination of appointment
15. Resignation
16. Disclosure of interests
17. Meetings of Council
18. Committees of Council
19. Delegation by Council
PART IV - THE DIRECTOR OF THE MEMORIAL
20. Office of Director
21. Terms and conditions of appointment etc.
22. Remuneration etc.
23. Leave of absence
24. Termination of appointment
25. Resignation
26. Acting Director
PART V - STAFF AND CONSULTANTS
27. Staff
28. Arrangements relating to staff
29. Engagement of consultants etc.
PART VI - FINANCE
30. Moneys payable to Memorial
31. Estimates
32. Australian War Memorial Fund
33. Application of moneys held by Memorial
34. Investment
35. Limit on investments
36. Application of Division 3 of Part XI of Audit Act
37. Exemption from taxation
PART VII - MISCELLANEOUS
39. Delegation by Minister
40. Operation of certain other laws not affected
41. Supply of liquor on premises of Memorial
42. Regulations
PART VIII - REPEAL OF CERTAIN ACTS AND CONSEQUENT
TRANSITIONAL PROVISIONS
43. Interpretation
44. Repeal of certain Acts
45. Rights of Board to vest in Memorial etc.
46. Instrument etc. not liable to stamp duty or other tax
47. Application of moneys of Memorial
48. Report of operations of Board
AUSTRALIAN WAR MEMORIAL ACT 1980 - LONG TITLE
SECT
An Act relating to the Australian War Memorial
AUSTRALIAN WAR MEMORIAL ACT 1980 - PART I
PART I - PRELIMINARY
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 1
Short title
SECT
1. This Act may be cited as the Australian War Memorial Act 1980.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 2
Commencement
SECT
2. This Act shall come into operation on a date to be fixed
by Proclamation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 3
Interpretation
SECT
3. In this Act, unless the contrary intention appears:
"active service" means active service in war or in warlike operations by
members of the Defence Force;
"appoint" includes re-appoint;
"appointed member" means a member of the Council appointed by the
Governor-General;
"Australian military history" means the history of:
(a) wars and warlike operations in which Australians have been on active
service, including the events leading up to, and the aftermath of, such wars and
warlike operations; and
(b) the Defence Force;
"Chairman" means the Chairman of the Council;
"Council" means the Council of the Australian War Memorial;
"Defence Force" includes any naval or military force of the Crown raised in
Australia before the establishment of the Commonwealth;
"Director" means the Director of the Australian War Memorial;
"Fund" means the Australian War Memorial Fund referred to in section 32;
"historical material" means material (whether in writing or in any other form)
relating to Australian military history;
"member" means a member of the Council;
"Memorial" means the corporation established by subsection 4 (1) under the
name of the Australian War Memorial;
"memorial collection" means all historical material that is owned by the
Memorial from time to time.
AUSTRALIAN WAR MEMORIAL ACT 1980 - PART II
PART II - THE AUSTRALIAN WAR MEMORIAL
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 4
Incorporation of Memorial
SECT
4. (1) There is established by this section a corporation by the name of the
Australian War Memorial.
(2) The Memorial:
(a) has perpetual succession;
(b) shall have a common seal;
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue and be sued in its corporate name.
(3) The common seal of the Memorial shall be kept in such custody as the
Council directs and shall not be used except as authorized by the Council.
(4) All courts, judges and persons acting judicially shall take judical notice
of the common seal of the Memorial affixed to a document and shall presume that
it was duly affixed.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 5
Functions of Memorial
SECT
5. (1) The functions of the Memorial are:
(a) to maintain and develop the national memorial referred to in subsection 6
(1) of the Australian War Memorial Act 1962 as a national memorial of
Australians who have died:
(i) on or as a result of active service; or
(ii) as a result of any war or warlike operations in which
Australians have been on active service;
(b) to develop and maintain, as an integral part of the national memorial
referred to in paragraph (a), a national collection of historical material;
(c) to exhibit, or to make available for exhibition by others, historical
material from the memorial collection or historical material that is otherwise
in the possession of the Memorial;
(d) to conduct, arrange for and assist in research into matters pertaining to
Australian military history; and
(e) to disseminate information relating to:
(i) Australian military history;
(ii) the national memorial referred to in paragraph (a);
(iii) the memorial collection; and
(iv) the Memorial and its functions.
(2) The Memorial shall use every endeavour to make the most advantageous use
of the memorial collection in the national interest.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 6
Powers of Memorial
SECT
6. (1) Subject to this Act, the Memorial has power to do all things necessary
or convenient to be done for or in connection with the performance of its
functions.
(2) Without limiting the generality of subsection (1), the powers of the
Memorial include power:
(a) to purchase or take on hire, or to accept as a gift or on deposit or loan,
historical material;
(b) to lend or hire out or otherwise deal with (otherwise than by way of
disposal) historical material;
(c) to accept gifts, devises, bequests or assignments made to the Memorial,
whether on trust or otherwise, and whether unconditionally or subject to a
condition and, if a gift, devise, bequest or assignment is accepted by the
Memorial on trust or subject to a condition, to act as trustee or to comply with
the condition, as the case may be;
(d) to collect, and make available (whether in writing or in any other form
and whether by sale or otherwise), information relating to Australian military
history;
(e) to make available (whether by sale or otherwise) reproductions, replicas
or other representations (whether in writing or in any other form) of historical
material;
(f) to make available (whether in writing or in any other form and whether by
sale or otherwise) information relating to the Memorial and its functions;
(g) to provide facilities to stimulate interest in Australian military
history;
(h) to assist educational institutions in matters relating to Australian
military history;
(j) to train members of the staff of the Memorial, and such other persons as
the Council approves, in developing, caring for and undertaking research in
relation to the memorial collection;
(k) to assist, on request, in the creation and maintenance of military museums
in Defence Force establishments;
(m) to occupy, use and control any land or building owned or held under lease
by the Commonwealth and made available to the Memorial under section 7;
(n) to erect buildings;
(o) to purchase or take on hire, or to accept as a gift or on deposit or loan,
and to dispose of or otherwise deal with, furnishings, equipment and other
goods;
(p) to act as trustee of moneys or other property vested in the Memorial on
trust; and
(q) to act on behalf of the Commonwealth or of an authority of the
Commonwealth in the administration of a trust relating to historical material or
related matters.
(3) The Memorial shall not dispose of historical material except in accordance
with section 8.
(4) Notwithstanding anything contained in this Act, any money or other
property held by the Memorial upon trust or accepted by the Memorial subject to
a condition shall not be dealt with except in accordance with the obligations of
the Memorial as trustee of the trust or as the person who has accepted the money
or other property subject to the condition, as the case may be.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 7
Land and historical material for Memorial
SECT
7. (1) The Minister may make available to the Memorial for the purposes of the
Memorial such land owned or held under lease by the Commonwealth as is specified
by the Minister by notice in the Gazette and any building, structure or other
improvements on that land.
(2) Subject to this Act, the Minister may, on behalf of the Commonwealth, make
arrangements, in writing, with the Memorial for:
(a) the transfer of the ownership of historical material from the Commonwealth
to the Memorial for the purpose of the inclusion of the material in the memorial
collection;
(b) the deposit in the custody of the Memorial of historical material owned by
the Commonwealth; and
(c) the transfer to the Memorial of the ownership of, or the deposit in the
custody of the Memorial of, such other goods or equipment owned by the
Commonwealth as he considers to be of use to the Memorial;
upon such terms and conditions as are specified in the arrangement.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 8
Disposal of historical material in memorial collection
SECT
8. (1) Subject to subsection (3), where the Council is satisfied that
historical material in the memorial collection:
(a) is unfit for the collection; or
(b) is not required as part of the collection;
the Council may resolve that the historical material be disposed of by sale,
gift or destruction.
(2) Where the Council is satisfied that the exchange of historical material in
the memorial collection for other historical material would be advantageous to
the collection, the Council may resolve that the first-mentioned historical
material be disposed of in exchange for that other historical material.
(3) The Council shall not resolve that historical material be disposed of by
destruction unless the Council is satisfied that the material has no saleable
value.
(4) Where:
(a) the Council has resolved, in accordance with this section, that historical
material be disposed of; and
(b) if the value of that historical material exceeds $5,000, the Minister has
approved of that disposal;
the Memorial may dispose of that historical material accordingly.
AUSTRALIAN WAR MEMORIAL ACT 1980 - PART III
PART III - THE COUNCIL OF THE MEMORIAL
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 9
Establishment of Council
SECT
9. (1) There is established by this section a Council by the name of the
Council of the Australian War Memorial.
(2) The Council is responsible for the conduct and control of the affairs of
the Memorial and the policy of the Memorial with respect to any matters shall be
determined by the Council.
(3) All acts and things done in the name of, or on behalf of, the Memorial by
the Council or with the authority of the Council shall be deemed to have been
done by the Memorial.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 10
Membership of Council
SECT
10. (1) The Council shall consist of:
(a) the Chief of Naval Staff;
(b) the Chief of the General Staff;
(c) the Chief of the Air Staff; and
(d) not less than 8 nor more than 10 other members.
(2) The members referred to in paragraph (1) (d) shall be appointed by the
Governor-General having regard to their knowledge and experience with respect to
matters relevant to the functions of the Memorial.
(3) An appointed member:
(a) shall be appointed to be a part-time member; and
(b) holds office for such term, not exceeding 3 years, as is fixed by the
Governor-General in the instrument of his appointment.
(4) The performance of the functions, or the exercise of the powers, of the
Council is not affected by reason only of there being a vacancy or vacancies in
the membership of the Council.
(5) The appointment of a person as an appointed member is not invalidated, and
shall not be called in question, by reason of a defect or irregularity in, or in
connection with, his appointment.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 11
Chairman
SECT
11. (1) There shall be a Chairman of the Council who shall be elected by the
members from among their number.
(2) A member elected as the Chairman:
(a) holds office as the Chairman for the period fixed by the Council at the
time of his election, but that period shall not extend beyond the expiration of
the term for which he is holding office as a member at that time; and
(b) is eligible for re-election.
(3) The Chairman may resign his office by writing signed by him and delivered
to the Minister.
(4) The election of a person as the Chairman is not invalidated, and shall not
be called in question, by reason of a defect or irregularity in or in connection
with his election.
(5) The validity of anything done by a person purporting to be the Chairman
shall not be called in question on the ground that there is a defect or
irregularity in or in connection with his election as the Chairman or that he
has ceased to be the Chairman.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 12
Deputies of members
SECT
12. (1) A member may, with the approval of the Minister, appoint a person,
other than a member, to be his deputy.
(2) A member may revoke the appointment of a person as his deputy, but the
revocation is not effective until the member has given notice of it, in writing,
to the Minister.
(3) A deputy of a member may resign his office by writing signed by him and
delivered to the Minister.
(4) A deputy of a member is entitled, in the event of the absence of the
member of whom he is the deputy from a meeting of the Council, to attend that
meeting and, when so attending, shall be deemed to be a member.
(5) The appointment of a person as a deputy of a member is not invalidated,
and shall not be called in question, by reason of a defect or irregularity in or
in connection with his appointment.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 13
Remuneration etc.
SECT
13. (1) This section applies to a person who is:
(a) an appointed member;
(b) a deputy of a member; or
(c) a member of a committee constituted under section 18 other than a member
of the Council.
(2) A person to whom this section applies shall be paid such remuneration as
is determined by the Remuneration Tribunal, but, if no determination of that
remuneration by the tribunal is in operation, he shall be paid such remuneration
as is prescribed.
(3) A person to whom this section applies shall be paid such allowances as are
prescribed.
(4) This section has effect subject to the Remuneration Tribunals Act 1973.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 14
Termination of appointment
SECT
14. (1) The Governor-General may terminate the appointment of an appointed
member by reason of the misbehaviour or physical or mental incapacity of that
member.
(2) If an appointed member:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors, compounds with his creditors or makes an
assignment of his remuneration for their benefit;
(b) is absent, except on leave granted by the Council, from 3 consecutive
meetings of the Council otherwise than on business of the Council undertaken
with the approval of the Council; or
(c) fails to comply with his obligations under section 16;
the Governor-General shall terminate the appointment of that member.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 15
Resignation
SECT
15. An appointed member may resign his office by writing signed by him and
delivered to the Governor-General.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 16
Disclosure of interests
SECT
16. (1) A member who has a direct or indirect pecuniary interest in a matter
being considered or about to be considered by the Council, otherwise than as a
member of, and in common with the other members of, an incorporated company
which consists of more than 25 persons and of which he is not a director, shall,
as soon as possible after the relevant facts have come to his knowledge,
disclose the nature of his interest at a meeting of the Council.
(2) A disclosure under subsection (1) shall be recorded in the minutes of the
Council, and the member making the disclosure:
(a) shall not take part after the disclosure in any deliberation or decision
of the Council with respect to the matter; and
(b) shall be disregarded for the purpose of constituting a quorum of the
Council for any such deliberation or decision.
(3) Where a disclosure under subsection (1) is made by a member, the person
presiding at the meeting of the Council at which the disclosure is made shall
inform the Minister of the nature of the disclosure.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 17
Meetings of Council
SECT
17. (1) The Chairman:
(a) shall convene such meetings of the Council as he considers necessary for
the efficient conduct of its business; and
(b) shall, on receipt of a written request signed by not less than 4 members,
convene a meeting of the Council.
(2) The Minister may at any time convene a meeting of the Council.
(3) The Chairman shall preside at all meetings of the Council at which he is
present.
(4) In the event of the absence of the Chairman from a meeting of the Council,
the members present shall elect one of their number to preside at that meeting.
(5) At a meeting of the Council, 5 members constitute a quorum.
(6) Subject to subsection (7), all questions arising at a meeting of the
Council shall be decided by a majority of the votes of the members present and
voting, including the member presiding.
(7) In the event of an equality of votes on a resolution proposed at a meeting
of the Council, the resolution shall be taken not to be passed.
(8) The Council may regulate the conduct of proceedings at its meetings as it
thinks fit and shall keep minutes of those proceedings.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 18
Committees of Council
SECT
18. (1) Subject to this section, the Council may constitute such committees as
it thinks necessary for the purposes of this Act.
(2) A committee may be constituted wholly by members of the Council or partly
by members of the Council and partly by other persons.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 19
Delegation by Council
SECT
19. (1) Subject to this section, the Council may, by resolution, either
generally or as otherwise provided by the resolution, delegate all or any of its
powers under this Act (except this power of delegation) to a member of the
Council, to the Director or to a member of the staff of the Memorial.
(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Council.
(3) A delegate is, in the exercise of a power so delegated, subject to the
directions of the Council.
(4) A delegation of a power under this section:
(a) may be revoked by resolution of the Council (whether or not constituted by
the persons constituting the Council at the time the power was delegated);
(b) does not prevent the exercise of the power by the Council; and
(c) continues in force notwithstanding a change in the membership of the
Council.
(5) Section 34A of the Acts Interpretation Act 1901 applies in relation to a
delegation under this section as if the Council were a person.
(6) A certificate signed by the Chairman stating any matter with respect to
the delegation of a power under this section is prima facie evidence of that
matter.
(7) A document purporting to be a certificate mentioned in subsection (6)
shall, unless the contrary is established, be deemed to be such a certificate
and to have been duly given.
AUSTRALIAN WAR MEMORIAL ACT 1980 - PART IV
PART IV - THE DIRECTOR OF THE MEMORIAL
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 20
Office of Director
SECT
20. (1) There shall be a Director of the Australian War Memorial, who shall be
appointed by the Governor-General.
(2) The Director is the chief executive officer of the Memorial and shall,
subject to and in accordance with the general directions of the Council, manage
the affairs of the Memorial.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 21
Terms and conditions of appointment etc.
SECT
21. (1) The Director holds office for such period, not exceeding 7 years, as
is specified in the instrument of his appointment.
(2) A person who has attained the age of 65 years shall not be appointed as
the Director and a person shall not be appointed as the Director for a period
that extends beyond the day on which he will attain the age of 65 years.
(3) The Director holds office on such terms and conditions (if any) in respect
of matters not provided for by this Act as are determined by the
Governor-General.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 22
Remuneration etc.
SECT
22. (1) The Director shall be paid such remuneration as is determined by the
Remuneration Tribunal, but, if no determination of that remuneration by the
Tribunal is in operation, he shall be paid such remuneration as is prescribed.
(2) The Director shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunals Act 1973.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 23
Leave of absence
SECT
23. (1) Subject to section 87E of the Public Service Act 1922, the Director
has such recreation leave entitlements as are determined by the Remuneration
Tribunal.
(2) The Minister may grant the Director leave of absence, other than
recreation leave, on such terms and conditions as to remuneration or otherwise
as the Minister determines.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 24
Termination of appointment
SECT
24. (1) The Governor-General may terminate the appointment of the Director by
reason of the misbehaviour or physical or mental incapacity of the Director.
(2) If the Director:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors, compounds with his creditors or makes an
assignment of his remuneration for their benefit;
(b) is absent from duty, except on leave of absence, for 14 consecutive days
or for 28 days in any 12 months; or
(c) engages in paid employment outside the duties of his office without the
approval of the Minister;
the Governor-General shall terminate the appointment of the Director.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 25
Resignation
SECT
25. The Director may resign his office by writing signed by him and delivered
to the Governor-General.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 26
Acting Director
SECT
26. (1) The Minister may appoint a person to act in the place of the
Director:
(a) during a vacancy in the office of the Director, whether or not an
appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Director is absent from
duty or from Australia, or is, for any other reason, unable to perform the
functions of his office;
but a person appointed to act during a vacancy shall not continue so to act for
more than 12 months.
(2) An appointment of a person under subsection (1) may be expressed to have
effect only in such circumstances as are specified in the instrument of
appointment.
(3) The Minister may:
(a) subject to this Act, determine the terms and conditions of appointment,
including remuneration and allowances, of a person acting as Director; and
(b) terminate such an appointment at any time.
(4) Where a person is acting as Director in accordance with paragraph (1) (b)
and the office of Director becomes vacant while that person is so acting, that
person may continue so to act until the Minister otherwise directs, the vacancy
is filled or a period of 12 months from the date on which the vacancy occurred
expires, whichever first happens.
(5) The appointment of a person to act as Director ceases to have effect if he
resigns his appointment by writing signed by him and delivered to the Minister.
(6) While a person is acting as Director, he has and may exercise all the
powers, and shall perform all the functions, of the Director under this Act.
(7) The appointment of a person under subsection (1) is not invalidated, and
shall not be called in question, by reason of a defect or irregularity in or in
connection with his appointment.
(8) The validity of anything done by a person purporting to act under
subsection (1) shall not be called in question on the ground that the occasion
for his appointment had not arisen, that there is a defect or irregularity in or
in connection with his appointment, that the appointment had ceased to have
effect or that the occasion for him to act had not arisen or had ceased.
AUSTRALIAN WAR MEMORIAL ACT 1980 - PART V
PART V - STAFF AND CONSULTANTS
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 27
Staff
SECT
27. (1) Subject to section 28, the staff of the Memorial shall be persons
appointed or employed under the Public Service Act 1922.
(2) The Director has all the powers of, or exercisable by, a Secretary under
the Public Service Act 1922, in so far as those powers relate to the branch of
the Australian Public Service comprising the staff referred to in subsection
(1), as if that branch were a separate Department of the Australian Public
Service.
(3) For the purposes of section 26 of the Public Service Act
1922, the Director shall be deemed to be a Secretary.
(4) The members of the staff referred to in subsection (1) shall perform their
functions and duties in accordance with the directions of the Director.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 28
Arrangements relating to staff
SECT
28. (1) The Council may arrange with the Secretary of a Department of the
Australian Public Service or with a body (other than a company or association)
established for a public purpose by or under a law of the Commonwealth for the
services of officers or employees of the body to be made available to the
Memorial.
(2) The Council may enter into an arrangement with the appropriate authority
of a State or Territory for the services of officers or employees of the Public
Service of the State or Territory, or of a body established for a public purpose
by or under a law of the State or Territory, to be made available to the
Memorial.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 29
Engagement of consultants etc.
SECT
29. (1) The Director may, on behalf of the Memorial engage persons having
suitable qualifications and experience as consultants to the Memorial.
(2) The terms and conditions of the engagement of a person under subsection
(1) are such as are determined by the Council.
AUSTRALIAN WAR MEMORIAL ACT 1980 - PART VI
PART VI - FINANCE
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 30
Moneys payable to Memorial
SECT
30. (1) There are payable to the Memorial such moneys as are appropriated,
from time to time, by the Parliament for the purposes of the Memorial.
(2) The Minister for Finance may give directions as to the amounts in which,
and the times at which, moneys referred to in subsection (1) are to be paid to
the Memorial.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 31
Estimates
SECT
31. (1) The Council shall prepare estimates, in such form as the Minister
directs, of the receipts and expenditure of the Memorial (other than in relation
to the Fund) for each financial year and, if the Minister so directs, for any
other period specified by the Minister, and shall submit those estimates to the
Minister not later than such date as the Minister directs.
(2) Moneys paid to the Memorial under section 30 shall not be expended by the
Memorial otherwise than in accordance with estimates of expenditure approved by
the Minister.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 32
Australian War Memorial Fund
SECT
32. (1) The Australian War Memorial Fund that was established by the
Australian War Memorial Act 1925 and continued in existence under that name by
the Australian War Memorial Act 1962 is continued in existence under that name
and vested in the Memorial.
(2) The moneys and investments constituting the Fund immediately before the
commencement of this Act shall continue to form part of the Fund.
(3) There shall be paid into the Fund all moneys received by the Memorial
other than:
(a) moneys paid to the Memorial under section 30; and
(b) moneys held by the Memorial upon trust.
(4) The payment of moneys into a bank account maintained by the Memorial in
accordance with section 63J of the Audit Act 1901 under the name of the
Australian War Memorial Fund shall be deemed, for the purposes of subsection
(3), to be a payment of those moneys into the Fund.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 33
Application of moneys held by Memorial
SECT
33. Moneys (including moneys standing to the credit of the Fund) held by the
Memorial otherwise than upon trust shall be applied only:
(a) in payment or discharge of the costs, expenses and other obligations
incurred by the Memorial in the performance of its functions or the exercise of
its powers under this Act; and
(b) in payment of any remuneration and allowances payable to any person under
this Act.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 34
Investment
SECT
34. (1) Moneys to which section 33 applies that are not immediately required
to be expended may be invested:
(a) on deposit with a bank that is an approved bank for the purposes of
section 63J of the Audit Act 1901;
(b) in securities of the Commonwealth; or
(c) in any other manner approved by the Treasurer.
(2) Income derived from the investment of moneys standing to the credit of the
Fund forms part of the Fund.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 35
Limit on investments
SECT
35. (1) Subject to subsection 8 (4), the Memorial shall not, without the
approval of the Minister, enter into a contract under which the Memorial is to
pay or receive:
(a) in the case of a contract for the acquisition of any historical material -
an amount exceeding $250,000 or, if a higher amount is for the time being
prescribed for the purposes of this paragraph, that higher amount; or
(b) in any other case - an amount exceeding $150,000 or, if a higher amount is
for the time being prescribed for the purposes of this paragraph, that higher
amount.
(2) Subsection (1) does not apply to the investment of money by the Memorial
in accordance with section 34.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 36
Application of Division 3 of Part XI of Audit Act
SECT
36. (1) It is hereby declared that the Memorial is a public authority to which
Division 3 of Part XI of the Audit Act 1901 applies.
(2) Division 3 of Part XI of the Audit Act 1901 applies in relation to the
Memorial subject to the modifications contained in this section.
(3) The first report to be prepared by the Memorial in pursuance of section
63M of the Audit Act 1901, shall be prepared as soon as practicable after 30
June 1981 and shall relate to the period commencing on the date of commencement
of this Act and ending on 30 June 1981.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 37
Exemption from taxation
SECT
37. The Memorial is not subject to taxation under a law of
Australia or of a State or Territory.
AUSTRALIAN WAR MEMORIAL ACT 1980 - PART VII
PART VII - MISCELLANEOUS
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 39
Delegation by Minister
SECT
39. (1) The Minister may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by him, delegate to a person any of
his powers under this Act, other than this power of delegation.
(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Minister.
(3) A delegation under this section does not prevent the exercise of a power
by the Minister.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 40
Operation of certain other laws not affected
SECT
40. Nothing in this Act affects the operation of any law (whether passed
before or after the commencement of this Act) relating to copyright, to the
preservation and use of archival resources or to the rights of members of the
public to access to official documents of the Government of the Commonwealth and
of its agencies.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 41
Supply of liquor on premises of Memorial
SECT
41. (1) The regulations may make provision for and in relation to the sale,
supply, disposal, possession or control of liquor on premises in the Australian
Capital Territory owned by or under the control of the Memorial.
(2) The law of the Australian Capital Territory relating to the sale, supply
and disposal of liquor does not apply with respect to premises in respect of
which regulations are in force under subsection (1).
(3) In this section, "liquor" means wine, spirits, ale, beer, porter, cider,
perry or any liquid containing alcohol ordinarily used or fit for use as a
beverage.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 42
Regulations
SECT
42. The Governor-General may make regulations, not inconsistent with this Act,
prescribing all matters that by this Act are required or permitted to be
prescribed, or are necessary or convenient to be prescribed for carrying out or
giving effect to this Act, and, in particular:
(a) for regulating, restricting or prohibiting the entry of
persons onto any land or building, or any part of any land or building, owned by
or under the control of the Memorial, and for regulating the conduct of persons
on any such land or building, or any part of any such land or building,
including making provision for and in relation to the removal of persons from
any such land or building, or any part of any such land or building;
(b) for fixing charges for entry onto any land, or
into any building, owned by, or under the control of, the Memorial;
(c) for regulating, controlling, restricting or prohibiting the making, using,
printing, publishing, exhibiting, selling or offering for sale of replicas,
photographs, representations or copies of historical material forming part of
the memorial collection; and
(d) for prescribing penalties not exceeding a fine of $500 for offences
against the regulations.
AUSTRALIAN WAR MEMORIAL ACT 1980 - PART VIII
PART VIII - REPEAL OF CERTAIN ACTS AND
CONSEQUENT TRANSITIONAL PROVISIONS
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 43
Interpretation
SECT
43. In this Part:
"Board" means the Board of Trustees of the Australian War Memorial established
by the repealed Act;
"commencing date" means the date of commencement of this Act;
"repealed Act" means the Australian War Memorial Act 1962.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 44
Repeal of certain Acts
SECT
44. The following Acts are repealed:
Australian War Memorial Act 1962;
Australian War Memorial Act 1975.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 45
Rights of Board to vest in Memorial etc.
SECT
45. (1) Subject to this Act, upon the commencing date:
(a) any rights, property or assets that, immediately before that date were
vested in the Board are, by force of this subsection, vested in the Memorial;
(b) any historical material that, immediately before that date:
(i) was vested in the Commonwealth; and
(ii) formed part of the war relics of Australia within the
meaning of the repealed Act;
is, by force of this subsection, vested in the Memorial;
(c) the Memorial becomes, by force of this subsection, entitled to the custody
of material, being any other historical material or other goods or equipment
held, immediately before that date, in the custody of the Board, upon the terms
and conditions upon which that material was held by the Board; and
(d) the Memorial becomes, by force of this subsection, liable to pay and
discharge any debts, liabilities or obligations of the Board that existed
immediately before that date.
(2) An arrangement or contract entered into by or on behalf of the Board as a
party and in force immediately before the commencing date continues in force
notwithstanding the repeals effected by section 44, but that arrangement or
contract has effect, on and after the commencing date, as if:
(a) the Memorial were substituted for the Board as a party to the arrangement
or contract; and
(b) any reference in the arrangement or contract to the Board were (except in
relation to a matter that occurred before that date) a reference to the
Memorial.
(3) Where, immediately before the commencing date, proceedings to which the
Board was a party were pending in any court, the Memorial is, by force of this
subsection, substituted for the Board as a party to the proceedings and has the
same rights in the proceedings as the party for which it is substituted.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 46
Instrument etc. not liable to stamp duty or other tax
SECT
46. An instrument or document that the Secretary to the Department of Home
Affairs or an officer of that Department authorized by him in writing for the
purposes of this section certifies to have been made, executed or given by
reason of, or for a purpose connected with or arising out of, the operation of
this Part is not liable to stamp duty or other tax under a law of the
Commonwealth or of a State or Territory.
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 47
Application of moneys of Memorial
SECT
47. The moneys of the Memorial may be applied in payment or discharge of the
debts, liabilities or obligations referred to in paragraph 45 (1) (d).
AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 48
Report of operations of Board
SECT
48. (1) The Memorial shall, not later than 6 months after the commencement of
this Act, prepare and submit to the Minister a report of the operations of the
Board during the period that commenced on 1 July 1979 and ended immediately
before the commencing date (in this section referred to as "the final year"),
together with financial statements in respect of the final year in such form as
the Minister approves.
(2) Before submitting financial statements to the Minister under subsection
(1), the Memorial shall submit them to the Auditor-General, who shall report to
the Minister:
(a) whether, in his opinion, the statements are based on proper accounts and
records;
(b) whether the statements are in agreement with the accounts and records and
show fairly the financial operations of the Board and the state of the Fund and
the affairs of the Board;
(c) whether the receipt and expenditure of moneys by the Board during the year
have been in accordance with this Act; and
(d) as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the Minister.
(3) The Minister shall cause copies of the report and financial statements
together with a copy of the report of the Auditor-General to be laid before each
House of the Parliament within 15 sitting days of that House after their receipt
by the Minister.
(4) The persons who, immediately before the commencing date, were members of
the Board shall furnish the Memorial with such information as is necessary to
enable the Memorial to prepare the report and financial statements.