Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2008
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Military Memorials of National Significance Bill 2008
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Veterans' Affairs,
The Honourable Alan Griffin MP)
Military Memorials of National Significance Bill 2008
Table of Contents
Outline and Financial Impact ............................................................. ii
Part 1 Preliminary
1 Short Title .......................................................................................... iii
2 Commencement ................................................................................. iii
3 Definitions ........................................................................................ iii
Part 2 Declaration of Military Memorials of National Significance 1
Part 3 Miscellaneous 5
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Military Memorials of National Significance Bill 2008
MILITARY MEMORIALS OF NATIONAL SIGNIFICANCE BILL 2008
OUTLINE AND FINANCIAL IMPACT
Outline
The Bill will provide a mechanism to honour the Government's election commitment to declare
the Australian Ex-Prisoners of War Memorial in Ballarat, to be a national memorial. National
memorials are recognised under the National Memorials Ordinance 1928 and are restricted to
memorials within the Australian Capital Territory. This Bill will recognise the national
significance of the Australian Ex-Prisoners of War Memorial in Ballarat and will enable, in the
future, other memorials that meet specified criteria, to be recognised as a Military Memorial of
National Significance.
Financial Impact
The Bill has no financial impact.
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Military Memorials of National Significance Bill 2008
Military Memorials of National Significance Bill 2008
Preliminary
Short Title Clause 1 sets out how the Act is to be cited.
Commencement Clause 2 provides that the Act commences on the day on which it receives the
Royal Assent.
Definitions Clause 3 defines terms used in the Act.
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Military Memorials of National Significance Bill 2008
Part 2 - Declaration of Military Memorials of National Significance
Overview
The Bill will provide a mechanism to honour the Government's election commitment
to declare the Australian Ex-Prisoners of War Memorial in Ballarat, to be a national
memorial. National memorials are recognised under the National Memorials
Ordinance 1928 and are restricted to memorials within the Australian Capital
Territory. This Bill will recognise the national significance of the Australian Ex-
Prisoners of War Memorial in Ballarat and will enable, in the future, other memorials
that meet specified criteria, to be recognised as a Military Memorial of National
Significance.
Background
During the 2007 election campaign, the Australian Labor Party gave a commitment to
declare the Australian Ex-Prisoners of War Memorial in Ballarat to be a national
memorial. Legislation is considered the most appropriate method for achieving
recognition for Military Memorials of National Significance.
The Bill will enable the Minister for Veterans' Affairs to declare, by notice published
in the Gazette, a memorial to be a Military Memorial of National Significance. The
Bill will also enable the Minister for Veterans' Affairs to revoke the declaration of a
memorial as a Military Memorial of National Significance. The written approval of
the Prime Minister is required before the Minister for Veterans' Affairs may publish a
notice declaring or revoking a memorial as a Military Memorial of National
Significance.
Explanation of the clauses
Subclause 4(1) provides that the Minister for Veterans' Affairs may, by notice
published in the Gazette, declare a memorial to be a Military Memorial of National
Significance if certain conditions are met. The conditions that must be met before a
declaration as a Military Memorial of National Significance may be made are:
ˇ an application must be made and the application must comply with the
requirements set out in Clause 4;
ˇ the Minister must be satisfied that the memorial meets the criteria specified in
subclause 4(3); and
ˇ the Prime Minister must have authorised, in writing, the making of the
declaration.
Subclause 4(2) provides that an application for the declaration of the Australian Ex-
Prisoners of War Memorial in Ballarat is not required. This is because the
Government had made an election commitment to declare this memorial as a Military
Memorial of National Significance. Furthermore, the Australian Ex-Prisoners of War
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Military Memorials of National Significance Bill 2008
Memorial in Ballarat meets the criteria set out in subclause 4(3). Subject to the Prime
Minister's agreement, the Australian Ex-Prisoners of War Memorial in Ballarat will
be the first memorial to be declared a Military Memorial of National Significance
under the Act.
Subclause 4(3) specifies the criteria that the Minister must be satisfied about before a
declaration as a Military Memorial of National Significance can be made.
Paragraph 4(3)(a) specifies that a memorial must be of a scale, design and standard
appropriate for a Military Memorial of National Significance. The memorial must
also be dignified and symbolic in keeping with its purpose and standing as a war
memorial;
Paragraph 4(3)(b) specifies that the memorial must commemorate Australian
military involvement in a significant aspect of Australia's wartime history. It also
specifies that the commemoration of the Australian military involvement in a
significant aspect of Australia's wartime history must be the sole purpose of the
memorial. This means that memorials in the form of, for example, roads, bridges,
public swimming pools, halls or gates, are not eligible for declaration as a Military
Memorial of National Significance.
Paragraph 4(3)(c) specifies that the memorial must have a major role in community
commemorations.
Paragraph 4(3)(d) specifies that the memorial must observe Commonwealth flag
protocols.
Paragraph 4(3)(e) specifies that the memorial must be owned or managed by a State
or Northern Territory authority and that authority must be responsible for the ongoing
maintenance of the memorial, including financial responsibility. The authority must
also be responsible for any refurbishment of the memorial.
A State or Northern Territory authority is defined in clause 3 as:
ˇ a State or the Northern Territory; or
ˇ a local government body, or other authority, established by or under a law of a
State or the Northern Territory.
The Australian Capital Territory (ACT) is excluded from this Act because national
memorials in the ACT are approved under the National Memorials Ordinance 1928.
The Ordinance applies only to National Land within the ACT. The Ordinance cannot
apply to memorials located outside the ACT and this Act cannot apply to memorials
located in the ACT.
Paragraph 4(3)(f) specifies that the memorial must comply with applicable planning,
construction and related requirements.
Paragraph 4(3)(g) specifies that the memorial must be located on public land within
a State or the Northern Territory. The ACT is excluded from this Act because
national memorials in the ACT are approved under the National Memorials
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Military Memorials of National Significance Bill 2008
Ordinance 1928. The Ordinance applies only to National Land within the ACT. The
Ordinance cannot apply to memorials located outside the ACT and this Act cannot
apply to memorials located in the ACT.
Paragraph 4(3)(h) specifies that the memorial must be publicly accessible and entry
must be free. This requires that the memorial be accessible to the public on a daily
basis, with the possible exception of certain public holidays such as Christmas Day
and Good Friday. Voluntary donations may be accepted by the memorial; however
any requirement that entry is dependent on, for example, gold coin donation, is not
acceptable.
Paragraph 4(3)(i) specifies that the construction of the memorial must be completed
and the memorial must be functioning as a memorial.
Paragraph 4(3)(j) specifies that the memorial must not be associated with a
commercial function that conflicts with its commemorative purpose. This does not
necessarily preclude the association of a commercial endeavour with the memorial,
such as a book shop or café; however, the commercial endeavour must not conflict
with the ethos of the memorial and must be clearly ancillary to the memorial.
Subclause 4(4) provides that a notice published in the Gazette under subclause 4(1)
of this Act, is not a legislative instrument. Subclause 4(4) also provides that an
agreement by the Prime Minister under paragraph 4(1)(c) of this Act, is not a
legislative instrument.
The instruments referred to in subclause 4(4) are not legislative instruments within the
meaning of the Legislative Instruments Act 2003. This subclause is merely declatory
of the law and is not an exemption from the Legislative Instruments Act 2003.
Clause 5 provides that the approval of the Minister for Veterans' Affairs is required
for an alteration to a memorial that the Minister has declared to be a Military
Memorial of National Significance. Failure to obtain this approval may jeopardise the
status of the memorial as a Military Memorial of National Significance.
The Minister may, in writing, approve an alteration to a memorial that the Minister
has declared to be a Military Memorial of National Significance. Before the Minister
may make such an approval, an application for the approval of the alteration must be
made in accordance with clause 7 and the Minister must be satisfied that the memorial
will still meet the criteria in subclause 4(3) if the alteration is made.
Subclause 5(2) makes it clear that an approval under subclause 5(1) is not a
legislative instrument. The instrument referred to in subclause 5(1) is not a legislative
instrument within the meaning of the Legislative Instruments Act 2003. This
subclause is merely declatory of the law and is not an exemption from the Legislative
Instruments Act 2003.
Clause 6 provides that, subject to the written agreement of the Prime Minister, the
Minister may, by notice published in the Gazette, revoke a declaration made under
clause (4) for the following reasons. The first reason for revocation is if the Minister
is no longer satisfied that the memorial meets the criteria specified in subclause 4(3).
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Military Memorials of National Significance Bill 2008
The second reason for revocation is if the memorial has been altered since being
declared a Military Memorial of National Significance and that alteration was not
approved by the Minister.
Subclause 6(2) makes it clear that a revocation made by the Minister under subclause
6(1) is not a legislative instrument. The instrument referred to in subclause 6(1) is not
a legislative instrument within the meaning of the Legislative Instruments Act 2003.
This subclause is merely declatory of the law and is not an exemption from the
Legislative Instruments Act 2003.
Clause 7 requires that an application be made in relation to a request for a memorial
to be declared a Military Memorial of National Significance. An application is also
required for the approval of an alteration to a memorial that has been declared, by the
Minister, to be a Military Memorial of National Significance. The application must
be made by the State or Northern Territory authority that owns or manages the
memorial. The application must be lodged in accordance with the requirements set
out in the regulations. It is envisaged that the regulations will require the application
to be lodged with the ACT Office of the Department of Veterans' Affairs.
Clause 8 provides that the Minister for Veterans' Affairs may, for the purpose of
making a decision about an application for declaration under this Act, consult any
such persons or bodies that the Minister considers it is appropriate to consult.
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Military Memorials of National Significance Bill 2008
Part 3 - Miscellaneous
Clause 9 makes it clear that the Commonwealth does not have any responsibility,
financial or otherwise, for a memorial merely because a declaration has been made
under clause 4 declaring the memorial to be a Military Memorial of National
Significance. Furthermore, the Commonwealth is not liable to provide funding,
ongoing or otherwise, for any purpose whatsoever for a memorial that has been
declared a Military Memorial of National Significance.
Clause 10 provides that the Governor-General may make regulations prescribing
matters required or permitted by this Act to be prescribed. The Governor-General
may also make regulations prescribing matters necessary or convenient to the
prescribed for carrying out or giving effect to this Act.
Commencement
Clause 2 provides that this Act commences on the day it receives Royal Assent.
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