Shrine of Remembrance Act 1978FILE/78-9167a025.docx · Web viewOCPC-VIC, Word 2007, ... military...

Version No. 025

Shrine of Remembrance Act 1978No. 9167 of 1978

Version incorporating amendments as at18 December 2013

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 2

1 Short title and commencement 21A Definitions 21B The primary role of the Shrine of Remembrance 32 Reference to the Shrine of Remembrance includes a reference

to the monuments and memorials 3

PART 2—TRUSTEES 4

2A Power to improve Shrine of Remembrance 42B Approval of undercroft development 43 Trustees 54 Powers and duties of trustees 74A Minister may give directions to trustees 104B Delegation of powers of trustees 114C Terms of appointment of trustees 114D Vacancies, resignation and removal from office 124E Validity of decisions of trustees 134F Proceedings of trustees 134G Disclosure of interests of trustees 144H Governors 154I Life Governors 154J Staff 164K Business plan 16

PART 3—MISCELLANEOUS 18

5 Prohibition against and penalty for unauthorized publications etc. 18

6 Regulations 197 Melbourne City Council to provide services 207A Agreements between the trustees and Melbourne City Council 20

1

7B Melbourne City Council to improve and maintain parks and gardens 21

8 Gas supply for the perpetual flame at the Shrine of Remembrance 21

PART 4—TRANSITIONAL PROVISIONS 22

9 Appointment and reconstitution of trustees 2210 Transitional provisions—Shrine of Remembrance

Amendment Act 2011 22__________________

SCHEDULES 24

SCHEDULE 1—Land in the City of Melbourne which is permanently reserved as a site for a monument known as the Shrine of Remembrance. 24

═══════════════

ENDNOTES 26

1. General Information 26

2. Table of Amendments 27

3. Explanatory Details 29

2

Version No. 025


Version incorporating amendments as at18 December 2013

An Act to make Provision for the Care Management Maintenance and Preservation of the Shrine of Remembrance

and other Memorials and for other purposes.

WHEREAS a monument known as the Shrine of Remembrance has been erected on the land delineated and shown hatched on the plan in Schedule One to the honoured memory of the persons who served the Commonwealth (formerly known as the Empire) in the great war of 1914–1918:

And whereas the land delineated and shown hatched on the plan in Schedule One is permanently reserved as a site for a monument known as the Shrine of Remembrance by Order in Council of the 23rd October, 1933 and is vested by Crown grant volume 5876 folium 006 in the Shrine of Remembrance Trustees:

And whereas memorials relating to other wars have been erected on the land delineated and shown hatched on the plan in Schedule One:

And whereas a number of Acts make provision with respect to the care management maintenance and preservation of the aforementioned monument and memorials and with respect to certain other matters in relation thereto:

And whereas it is desirable that the provisions of those Acts be consolidated and revised:

BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1

PART 1—PRELIMINARY

1 Short title and commencement

(1) This Act may be cited as the Shrine of Remembrance Act 1978.

(2) This Act shall come into operation on the day on which it receives the Royal Assent.

1A Definitions

In this Act—

Crown grant means the Crown grant volume 5876 folium 006;

naval, military or air forces has the same meaning as Her Majesty's naval, military or air forces has in the Veterans Act 2005;

Order in Council means the Order in Council dated 23 October 1933;

reserved land means the land delineated and shown hatched on the plan in Schedule One;

service or duty has the same meaning as in the Veterans Act 2005;

trustees means the body corporate established under section 3;

undercroft land means a stratum of the reserved land consisting of a space of any shape on, or above or below, or partly above or partly

Pt 1 (Heading) inserted by No. 31/1999 s. 4.

s. 1

S. 1A inserted by No. 31/1999 s. 5.

S. 1A def. of naval, military or air forcesamended by No. 4/2011 s. 3(a).

S. 1A def. of service or duty amended by No. 4/2011 s. 3(b).

Part 3—Miscellaneous


2

below, the surface of the reserved land but does not include the space known as the Crypt of the Shrine of Remembrance.

1B The primary role of the Shrine of Remembrance

Without limiting the preamble, the primary role of the Shrine of Remembrance is to be a memorial to honour the service and sacrifice of Victorians and Australians in war, conflict, peacekeeping and peacemaking.

2 Reference to the Shrine of Remembrance includes a reference to the monuments and memorials

Any reference in this Act or in any Order in Council or Crown grant to the monument known as the Shrine of Remembrance shall be deemed to include a reference to any monument or memorial within the reserved land.

_______________

S. 1B inserted by No. 4/2011 s. 4.

S. 2 amended by No. 31/1999 s. 6.

s. 1BPart 3—Miscellaneous


3

PART 2—TRUSTEES

2A Power to improve Shrine of Remembrance

Despite anything in the Order in Council or the Crown grant, the trustees may improve any undercroft land in respect of which a plan of survey is approved under section 2B for the purpose of creating galleries of remembrance and related facilities in accordance with the approval given under that section.

2B Approval of undercroft development

(1) The Minister—

(a) on receiving a plan of survey signed by the Surveyor-General of any undercroft land; and

(b) if satisfied that the undercroft land as shown in the plan of survey is appropriate for the development of galleries of remembrance and related facilities—

may recommend to the Governor in Council that approval be given to the development by the trustees of the undercroft land shown in the plan of survey in accordance with the plan and subject to any terms and conditions recommended by the Minister.

(2) The Governor in Council may, by notice published in the Government Gazette—

(a) approve the plan of survey; and

Pt 2 (Heading and ss 2A, 2B) inserted by No. 31/1999 s. 7.


s. 2A




4

(b) give approval to the development in accordance with the plan and subject to any terms and conditions recommended by the Minister.

3 Trusteess. 3

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

(e) 6 other persons nominated by the Minister.

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



5

(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).s. 3

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



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.

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

(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.

* * * * *

4 Powers and duties of trusteess. 4

S. 4(1AA) inserted by No. 4/2011 s. 7(1).

(1AA) The trustees have the following overarching functions—

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



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



7

(a) responsibility for the care, management, maintenance and preservation of the Shrine of Remembrance—

(i) as a memorial to honour the service and sacrifice of Victorians and Australians in war, conflict, peacekeeping and peacemaking; and

(ii) as a site of national, State and cultural significance; and

(b) the development, promotion, management and the staging of ceremonial activities and events to commemorate the service and sacrifice of Victorians and Australians in war, conflict, peacekeeping and peacemaking, including, but not limited to, wreath laying and other ceremonial or commemorative activities; and

(c) the development, promotion, management and implementation of public programs to inform, educate and promote understanding among Victorians and visitors about the history, experience, service and sacrifice of Victorians and Australians in war, conflict, peacekeeping and peacemaking, including, but not limited to, exhibitions, lectures, publications, school learning and outreach programs.

(1) The trustees—

(a) shall be responsible for the care, management, maintenance and improvement of the reserved land;

(b) may to the exclusion of all other bodies or persons—

(i) provide and sell; and

S. 4(1)(a) amended by Nos 31/1999 s. 9(1)(a), 4/2011 s. 7(2).

s. 4Part 3—Miscellaneous


8

(ii) authorise the manufacture, printing, publishing, display and sale of—

replicas, photographs, booklets, pamphlets and other like matter relating to the said monument;

(c) may receive moneys by way of—

(i) collections or donations;

(ii) proceeds of sales by the trustees of such replicas, photographs, booklets, pamphlets and other like matter; or

(iii) fees for authorities granted by the trustees for the manufacture, printing, publishing, display and sale of such replicas, photographs, booklets, pamphlets and other like matter—

for the funds of the trustees;

(ca) in relation to the undercroft land—

(i) may charge fees for entry into the undercroft land, including concessional fees; and

(ii) may determine the mechanisms for charging concessional fees; and

(iii) may exempt in a specified case or class of case any person or class of persons from payment of fees;

S. 4(1)(d) amended by Nos 98/2005 s. 91(b), 4/2011 s. 7(3)(a).s. 4

(d) have and shall be deemed always to have had power to pay out of the funds of the trustees such gratuities or retiring allowances as they think fit to such persons as they think fit being persons who are or have been employed by them for the purposes of

S. 4(1)(c) amended by No. 31/1999 s. 9(1)(b).

S. 4(1)(ca) inserted by No. 31/1999 s. 9(1)(c).

S. 4(1)(ca)(iii) amended by No. 98/2005 s. 91(a).



9

carrying into effect the provisions of this Act.

* * * * *

(1A) Without limiting any power, duty or function under this Act, the trustees may carry out the powers, duties and functions of the trustees under this section—

(a) within the Shrine of Remembrance; and

(b) elsewhere on the reserved land; and

(c) in places in Victoria other than at the Shrine of Remembrance or on the reserved land.

(2) Any funds of the trustees provided pursuant to the provisions of this Act or any Act hereafter enacted shall be available only for the purposes of carrying into effect the provisions of this Act.

(3) Any moneys received by the trustees whether from the Treasurer of Victoria or the Melbourne City Council or as the result of public subscriptions or otherwise shall be paid into the funds of the trustees and shall be applied for the purpose of carrying into effect the provisions of this Act.

* * * * *

4A Minister may give directions to trustees

(1) The Minister may give to the trustees written directions in relation to the performance of the

S. 4(1)(e) inserted by No. 98/2005 s. 91(c), repealed by No. 4/2011 s. 7(3)(b).

S. 4(1A) inserted by No. 4/2011 s. 7(4).

S. 4(3) amended by No. 31/1999 s. 14(a).

S. 4(4) repealed by No. 31/1999 s. 9(2).


s. 4APart 3—Miscellaneous


10

functions of the trustees or the exercise of the powers of the trustees.

(2) The trustees must comply with any direction given under subsection (1) and must provide the Minister with any information sought by him or her for the purpose of determining whether the trustees have complied with that direction.

(3) A copy of any direction given under subsection (1) must be included in the annual report of the trustees.

4B Delegation of powers of trustees

The trustees, with the approval of the Minister may, by instrument in writing, delegate all or any of their powers, other than the power under section 4(1)(d) and this power of delegation, to—

(a) one or more trustees; or

(b) any person appointed or employed by the trustees.

4C Terms of appointment of trustees

(1) Subject to subsection (2), a trustee, other than a trustee appointed under section 3(1)(b)—

(a) holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment; and

(b) is eligible for re-appointment.

(2) A trustee appointed under section 3(1)(c) or (d) ceases to hold office if he or she ceases to be a member of the Returned Services League or The Legacy Club of Melbourne Inc., as the case requires.

(3) A trustee appointed under section 3(1)(b)—

(a) holds office—


S. 4C inserted by No. 31/1999 s. 10.

s. 4BPart 3—Miscellaneous


11

(i) for the period during which the trustee holds office as Lord Mayor of the Melbourne City Council or a councillor of that Council (as the case requires); or

(ii) in the case of a councillor of that Council, for such lesser period as is specified in the instrument of appointment of the councillor as a trustee; and

(b) is eligible for re-appointment.

(4) A trustee holds office, subject to this Act, on the terms and conditions specified in the instrument of appointment.

(5) A trustee is entitled to be paid any remuneration or travelling or other allowances fixed for the trustee from time to time by the Governor in Council.

4D Vacancies, resignation and removal from office

(1) The office of a trustee becomes vacant if the trustee—

(a) becomes an insolvent under administration; or

(b) is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence; or

(c) without the approval of the trustees, fails to attend 3 consecutive meetings of the trustees.

(2) A trustee may resign his or her office by writing delivered to the Governor in Council.

(3) The Governor in Council may at any time remove from office a trustee, other than a trustee who holds office as Lord Mayor of the Melbourne City Council.

(4) If a trustee—

S. 4D inserted by No. 31/1999 s. 10.

s. 4DPart 3—Miscellaneous


12

(a) is convicted of an offence relating to his or her duties as a trustee; or

(b) fails without reasonable cause to disclose any interest under section 4G—

the trustee must be removed from office as trustee by the Governor in Council.

4E Validity of decisions of trustees

(1) An act or decision of the trustees is not invalid merely because of—

(a) a defect or irregularity in, or in connection with, the appointment of a trustee; or

(b) a vacancy in the office of the trustees, including a vacancy arising from the failure to appoint an original trustee.

(2) Anything done by or in relation to a person purporting to act as chairperson or as a trustee is not invalid merely because—

(a) the occasion for the appointment had not arisen; or

(b) there was a defect or irregularity in relation to the appointment; or

(c) the appointment had ceased to have effect; or

(d) the occasion for the person to act had not arisen or had ceased.

4F Proceedings of trustees

(1) The trustees must meet at such times and places as the trustees determine, or in the absence of a determination by the trustees, as the chairperson determines.

(2) The following person must preside at a meeting of the trustees—

(a) the chairperson; or

S. 4E inserted by No. 31/1999 s. 10.

S. 4F inserted by No. 31/1999 s. 10.

s. 4E

S. 4F(2) substituted by No. 79/2013 s. 43.



13

(b) if the chairperson is absent, the deputy chairperson; or

(c) if both the chairperson and the deputy chairperson are absent, a trustee appointed by the trustees present at the meeting.

(3) Six trustees constitute a quorum.

(4) A question arising at a meeting is determined by a majority of votes of trustees present and voting on that question and, if the voting is equal, the person presiding has a second or casting vote as well as a deliberative vote.

(5) Subject to this Act the trustees may regulate their own proceedings.

4G Disclosure of interests of trustees

(1) A trustee who has a direct or indirect pecuniary interest in any matter being dealt with by the trustees must disclose the nature of that interest at a meeting of the trustees as soon as possible after becoming aware of the interest.

(2) A trustee who holds an office or possesses property as a result of which, directly or indirectly, duties or interests may be created in conflict with the trustee's duties as a trustee, must disclose that fact at a meeting of the trustees as soon as possible after becoming aware of the potential conflict.

(3) Despite subsection (2), a trustee appointed under section 3(1)(b) is not required to make a disclosure in relation to services provided by that Council under section 7, section 7A or 7B.

(4) The person presiding at a meeting at which a disclosure under this section is made must cause

S. 4F(3) amended by No. 4/2011 s. 8.

S. 4G inserted by No. 31/1999 s. 10.

s. 4G

S. 4G(3) amended by No. 4/2011 s. 9.



14

that disclosure to be recorded in the minutes of the meeting.

(5) A person who has made a disclosure under this section must not take any further part in the discussion of or vote on the contract or other matter to which the disclosure relates.

(6) If a trustee votes on a matter in contravention of subsection (4), his or her vote must be disallowed.

4H Governors

(1) The trustees may from time to time appoint, in writing, any person whom the trustees consider fit to be Governors of the Shrine of Remembrance.

(2) A Governor holds Office for the period, not exceeding 5 years, specified in his or her instrument of appointment, but is eligible for re-appointment.

(3) The functions of a Governor are to assist the trustees with the conduct of ceremonial activities related to the Shrine of Remembrance and to carry out such other duties as the trustees may from time to time request.

4I Life Governors

(1) A person who held office as a trustee immediately before the commencement of section 8 of the Shrine of Remembrance (Amendment) Act 1999, other than a person appointed as a trustee under section 3(1)(a), (b), (c) or (d) (as in force immediately before that commencement), is deemed to have been appointed as a Life Governor of the Shrine of Remembrance and to have been so appointed—

(a) in the case of a person who is not appointed as a trustee after that commencement, on that commencement; or

S. 4H inserted by No. 31/1999 s. 10.

s. 4H

S. 4I inserted by No. 31/1999 s. 10.



15

(b) in the case of a person who is appointed as a trustee after that commencement, on ceasing to be a trustee.

(2) A Life Governor has the same functions and duties as a Governor under section 4H.

4J Staff

The trustees may appoint or employ such persons as are necessary to carry out its functions under this Act.

4K Business plan

(1) The trustees must prepare a business plan each year.

(2) The trustees must give a copy of the proposed business plan to the Minister on or before the date in each year that is determined by the Minister.

* * * * *

(4) The proposed business plan must be in or to the effect of a form approved by the Minister and must include—

(a) a statement of corporate intent, being information about the objectives, main undertakings, activities, accounting policies and performance measures;

(b) financial statements containing the information required by the Minister;

(c) any other matters that the Minister directs.

(5) The trustees must consider any comments on the proposed business plan that are made to it by the Minister within 2 months after the plan was given to the Minister.

S. 4Jinserted by No. 31/1999 s. 10.

s. 4J

S. 4K inserted by No. 31/1999 s. 10.

S. 4K(3) repealed by No. 4/2011 s. 10.



16

* * * * *

(7) The trustees must—

(a) consult in good faith with the Minister following communication to the trustees of any comments under subsection (5); and

(b) make such changes to the proposed business plan as are agreed between the Minister and the trustees; and

(c) deliver the business plan with any changes agreed under paragraph (b) to the Minister within 3 months after the proposed business plan was given to the Minister under subsection (2).

(8) The business plan, or any part of the plan, must not be published or made available except for the purposes of this Part without the prior approval of the trustees and the Minister.

(9) A business plan may be modified at any time by the trustees with the agreement of the Minister.

_______________

S. 4K(6) repealed by No. 4/2011 s. 10.

s. 4KPart 3—Miscellaneous


17

PART 3—MISCELLANEOUS

5 Prohibition against and penalty for unauthorized publications etc.

S. 5(1) amended by No. 10/2004 s. 15(Sch. 1 item 28.1).s. 5

(1) Any person who except with the authority in writing of the trustees manufactures, prints, publishes, displays or sells or authorizes the manufacture, printing, publishing, display or sale of any replicas, drawings, photographs, booklets, pamphlets or any other like matter relating to the Shrine of Remembrance shall be guilty of an offence and liable to a penalty not exceeding 2 penalty units.

(2) Notwithstanding subsection (1) a person shall not be guilty of an offence by reason only—

(a) that the person manufactures prints or publishes any replica drawing or photograph of the said monument unless he knows that such replica drawing or photograph is going to be used for the purposes of advertisement or sold; or

(b) that the person is the proprietor, printer, publisher or seller of a newspaper containing photographs or other matter relating to the said monument; or

(c) that the person is the publisher printer or seller of a properly bound book containing photographs or other matter relating to the said monument unless the book relates solely or principally to the said monument.

Pt 3 (Heading) inserted by No. 31/1999 s. 11.



18

6 Regulations

(1) The trustees may with the approval of the Governor in Council make regulations with respect to—

(a) the care protection and management of the reserved land; and

(b) the preservation of good order and decency within the reserved land.

(2) Regulations made under this section and any revocation of any such regulations shall be published in the Government Gazette.

(3) Any person who contravenes any regulation made under this section (other than a regulation of the kind referred to in subsection (4)) shall be liable to a penalty of not more than 2 penalty units.

(4) Any person who contravenes any regulation made under this section for or with respect to prohibiting the depositing and leaving of any unwanted material or thing in the area referred to in subsection (1) shall be liable to a penalty of not more than 5 penalty units.

(5) Any person who contravenes or fails to comply with any regulation made under this section and who after he has been warned by a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of the Land Act 1958 or by any member of the police force does not desist therefrom may be forthwith apprehended by such

s. 6

S. 6(1)(a) amended by No. 31/1999 s. 12(a).

S. 6(1)(b) amended by No. 31/1999 s. 12(b).

S. 6(3) amended by No. 10/2004 s. 15(Sch. 1 item 28.2).





19

officer or member of the police force and taken before some justice to be dealt with according to law.

(6) Every officer or servant of the trustees and every person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of the Land Act 1958 and every member of the police force shall have and exercise all powers and authorities necessary to take proceedings, prosecute or issue any information in respect of any contravention or failure to comply with any regulations made under this section.

7 Melbourne City Council to provide services

The Melbourne City Council shall provide such secretarial and administrative services as the trustees require for carrying out their functions under this Act.

7A Agreements between the trustees and Melbourne City Council

The trustees and Melbourne City Council may enter into agreements, including any memoranda of understanding, for the provision of services by the Melbourne City Council to the trustees or in respect of the Shrine of Remembrance or reserved land including, but not limited to—

(a) the provision of services in relation to the parks and gardens on the reserved land, other than for the monuments or memorials on that land;

(b) payment for the supply of water to the Shrine of Remembrance and the reserved land;

(c) any other services;

(d) grants and other financial contributions;


S. 7amended by No. 31/1999 s. 14(b).

s. 7




20

(e) the role of the Melbourne City Council, if any, on any committees for the Shrine of Remembrance;

(f) consultation and decision-making.

7B Melbourne City Council to improve and maintain parks and gardens

(1) Melbourne City Council—

(a) is responsible for the improvement and maintenance of the parks and gardens on the reserved land, other than the monuments and memorials; and

(b) is responsible for all the costs in relation to that improvement and maintenance, which are to be paid from the funds of the Council.

(2) Without limiting subsection (1), in carrying out the improvement or management of the parks and gardens on the reserved land or providing any services in relation to the parks and gardens on that land, the Melbourne City Council must not alter the design or layout of that reserved land without the written consent of the trustees.

(3) Nothing in this section limits any powers of the trustees under this Act in relation to the reserved land.

8 Gas supply for the perpetual flame at the Shrine of Remembrance

The trustees may enter into arrangements for the supply of gas and regular service free of cost for the operation of the perpetual flame at the Shrine of Remembrance with a relevant gas distributor.

_______________


s. 7B

S. 8 amended by No. 112/1994 s. 114(Sch. 5 item 10), substituted by No. 4/2011 s. 12.



21

PART 4—TRANSITIONAL PROVISIONS

9 Appointment and reconstitution of trustees

(1) On the commencement of section 8 of the Shrine of Remembrance (Amendment) Act 1999, the trustees appointed under section 3(1) as in force immediately before that commencement go out of office unless re-appointed under that section as in force immediately after that commencement.

(2) Despite the reconstitution of the Shrine of Remembrance Trustees by reason of section 8 of the Shrine of Remembrance (Amendment) Act 1999, the Shrine of Remembrance Trustees is deemed to be the same body on and after that commencement as it was before that commencement.

10 Transitional provisions—Shrine of Remembrance Amendment Act 2011

(1) On and from the commencement of section 5 of the Shrine of Remembrance Amendment Act 2011 the trustees—

(a) is taken to be the same body as it was immediately before that commencement, despite the changes to the constitution and quorum of the trustees by that Act; and

(b) no decision, matter or thing is to be affected because of those changes.

(2) The trustees holding office immediately before the commencement of section 5 of the Shrine of Remembrance Amendment Act 2011 continue

Pt 4 (Heading and new s. 9) inserted by No. 31/1999 s. 13.

S. 9 repealed by No. 9863 s. 2(Sch.),new s. 9 inserted by No. 31/1999 s. 13.

s. 9

S. 10 inserted by No. 4/2011 s. 13.



22

to hold office on and from that commencement on the same terms and conditions on which they held office as trustees immediately before that commencement.

(3) Despite the amendment of section 4(4) and the repeal of section 4(5)(b) of the Melbourne Market and Park Lands Act 1933 and Part I of the Sixth Schedule to that Act by section 14 of the Shrine of Remembrance Amendment Act 2011—

(a) the land described in section 4(5)(b) of the Melbourne Market and Park Lands Act 1933 (other than the reserved land within the meaning of this Act) continues to be subject to the reservation specified in section 4(5)(b) of that Act as in force immediately before its repeal; and

(b) any appointment of the Melbourne City Council as the committee of management of the land referred to in section 4(4) of the Melbourne Market and Park Lands Act 1933 (other than the reserved land within the meaning of this Act) as in force immediately before the amendment of that section continues to have effect on and from that amendment.

__________________

s. 9Part 3—Miscellaneous


23

SCHEDULES

SCHEDULE ONESs 2, 4 and 6

Land in the City of Melbourne which is permanently reserved as a site for a monument known as the Shrine of Remembrance.

_______________

Sch. 1Part 3—Miscellaneous


24

* * * * *

═══════════════

Sch. 2 repealed by No. 9863 s. 2(Sch.).

Sch. 2Part 3—Miscellaneous


25

ENDNOTES

1. General InformationThe Shrine of Remembrance Act 1978 was assented to on 3 October 1978 and came into operation on 3 October 1978: section 1(2).

EndnotesPart 3—Miscellaneous


26

2. Table of AmendmentsThis Version incorporates amendments made to the Shrine of Remembrance Act 1978 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Statute Law Revision (Repeals) Act 1982, No. 9863/1982Assent Date: 5.1.83Commencement Date: 5.1.83: s. 1(2)Current State: All of Act in operation

Statute Law Revision Act 1984, No. 10087/1984Assent Date: 22.5.84Commencement Date: S. 3(1)(Sch. 1 item 218) on 22.5.84: s. 2Current State: This information relates only to the provision/s

amending the Shrine of Remembrance Act 1978

State Bank (Further Amendment) Act 1986, No. 83/1986Assent Date: 25.11.86Commencement Date: S. 4 on 3.12.86: s. 2(2)Current State: This information relates only to the provision/s


Conservation, Forests and Lands Act 1987, No. 41/1987Assent Date: 19.5.87Commencement Date: S. 103(Sch. 4 item 58) on 1.7.87: Government Gazette

24.6.87 p. 1694Current State: This information relates only to the provision/s


Gas Industry Act 1994, No. 112/1994Assent Date: 20.12.94Commencement Date: S. 114 on 20.12.94; Sch. 5 item 10 on 22.12.94:

Special Gazette (No. 100) 20.12.94 p. 1Current State: This information relates only to the provision/s


Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995Assent Date: 5.12.95Commencement Date: S. 32(Sch. 2 item 8) on 5.12.95: s. 2(1)Current State: This information relates only to the provision/s


Shrine of Remembrance (Amendment) Act 1999, No. 31/1999Assent Date: 1.6.99Commencement Date: Ss 1, 2 on 1.6.99: s. 2(1); rest of Act on 1.10.99:

s. 2(3)Current State: All of Act in operation

Monetary Units Act 2004, No. 10/2004Assent Date: 11.5.04Commencement Date: S. 15(Sch. 1 item 28) on 1.7.04: s. 2(2)Current State: This information relates only to the provision/s




27

Veterans Act 2005, No. 98/2005Assent Date: 7.12.05Commencement Date: S. 91 on 21.8.06: Government Gazette 17.8.06 p. 1716Current State: This information relates only to the provision/s


Shrine of Remembrance Amendment Act 2011, No. 4/2011Assent Date: 29.3.11Commencement Date: Ss 3–13 on 1.9.11: s. 2(2)Current State: This information relates only to the provision/s


Parks and Crown Land Legislation Amendment Act 2013, No. 79/2013Assent Date: 17.12.13Commencement Date: Ss 42, 43 on 18.12.13: s. 2(1)Current State: This information relates only to the provision/s


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



28

3. Explanatory DetailsNo entries at date of publication.



29

Shrine of Remembrance Act 1978FILE/78-9167a025.docx · Web viewOCPC-VIC, Word 2007, ... military...

Documents

Transcript of Shrine of Remembrance Act 1978FILE/78-9167a025.docx · Web viewOCPC-VIC, Word 2007, ... military...