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SHRINE OF REMEMBRANCE ACT 1978 - SECT 3

Trustees

S. 3(1) amended by Nos 10087 s. 3(1)(Sch. 1 item 218), 83/1986 s. 4, 41/1987 s. 103(Sch. 4 item 58.1), substituted by Nos 100/1995 s. 32(Sch. 2 items 8.1, 8.2), 31/1999 s. 8(1), amended by No. 4/2011 s. 5(1)(a).

    (1)     The Governor in Council shall appoint 10 persons to act as trustees of the Shrine of Remembrance being—

        (a)     a person nominated by the Minister, who has been engaged in service or duty as an officer or a member of the naval, military or air forces, who shall be chairperson; and

        (b)     the Lord Mayor of the Melbourne City Council or a councillor of that Council nominated by the Minister on the recommendation of the Council; and

        (c)     a person nominated by the Minister on the recommendation of the Returned Services League who has been engaged in service or duty as an officer or a member of the naval, military or air forces and who is a member of the Returned Services League; and

        (d)     a person nominated by the Minister on the recommendation of The Legacy Club of Melbourne Inc. who has been engaged in service or duty as an officer or a member of the naval, military or air forces and who is a member of The Legacy Club of Melbourne Inc.; and

S. 3(1)(e) substituted by No. 4/2011 s. 5(1)(b).

        (e)     6 other persons nominated by the Minister.

S. 3(2) repealed by No. 31/1999 s. 8(1) new s. 3(2) inserted by No. 4/2011 s. 5(2).

    (2)     For the purposes of subsection (1), in nominating a person to be appointed as a trustee, the Minister must be satisfied that the person nominated has experience and skills in, and knowledge of, one or more of the following—

        (a)     governance;

        (b)     marketing, advertising or public relations;

        (c)     asset management;

        (d)     public education;

        (e)     architecture, building or engineering;

        (f)     business, finance or administration;

        (g)     fundraising;

        (h)     public affairs;

              (i)     community engagement;

        (j)     veterans affairs;

        (k)     military service.

S. 3(2A) inserted by No. 4/2011 s. 5(2).

    (2A)     In making any nomination under subsection (1), the Minister is to have regard to the need for the trustees to collectively have experience and skills in, and knowledge of, the areas listed in subsection (2).

    (3)     The trustees shall be a body corporate under the name of the "Shrine of Remembrance Trustees" and shall have perpetual succession and a common seal and be capable in law of suing and being sued.

S. 3(4) repealed by No. 31/1999 s. 8(2), new s. 3(4) inserted by No. 4/2011 s. 6.

    (4)     The Public Administration Act 2004 applies to the Shrine of Remembrance Trustees as if the trustees were a public entity, but not a small entity, within the meaning of that Act, established on or after 1 July 2005.

Note

Part 5 of the Public Administration Act 2004 commenced on 1 July 2005.

S. 3(5) repealed by No. 31/1999 s. 8(2),
new s. 3(5) inserted by No. 79/2013 s. 42.

    (5)     The Minister may appoint one of the persons nominated under subsection (1)(b), (c), (d) or (e) as deputy chairperson.

S. 3(6) repealed by No. 31/1999 s. 8(2),
new s. 3(6) inserted by No. 79/2013 s. 42.

    (6)     For the purposes of this Act, the deputy chairperson appointed under subsection (5) may exercise any of the powers and perform any of the duties of the chairperson—

        (a)     for as long as there is no person appointed under subsection (1)(a); or

        (b)     if the chairperson is absent or unable to carry out the duties of the chairperson.

S. 3(7)–(10) repealed by No. 31/1999 s. 8(2).

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