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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Shrine of Remembrance Amendment Bill 2011
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--AMENDMENT OF SHRINE OF REMEMBRANCE
ACT 1978 3
3 Definitions 3
4 New section 1B inserted 3
1B The primary role of the Shrine of Remembrance 3
5 Trustees 3
6 Trustees--Public Administration Act 2004 4
7 Powers and duties of trustees 5
8 Proceedings of trustees 6
9 Disclosure of interests of trustees 7
10 Business plan 7
11 Sections 7A and 7B inserted 7
7A Agreements between the trustees and Melbourne City
Council 7
7B Melbourne City Council to improve and maintain parks
and gardens 8
12 Section 8 substituted 8
8 Gas supply for the perpetual flame at the Shrine of
Remembrance 8
13 New section 10 inserted 9
10 Transitional provisions--Shrine of Remembrance
Amendment Act 2011 9
PART 3--AMENDMENT OF MELBOURNE MARKET AND
PARK LANDS ACT 1933 11
14 Repeal of redundant sections of the Melbourne Market and
Park Lands Act 1933 11
571014B.I-8/2/2011 i BILL LA INTRODUCTION 8/2/2011
Clause Page
PART 4--REPEAL OF AMENDING ACT 12
15 Repeal of amending Act 12
ENDNOTES 13
571014B.I-8/2/2011 ii BILL LA INTRODUCTION 8/2/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Shrine of Remembrance Amendment
Bill 2011
A Bill for an Act to amend the Shrine of Remembrance Act 1978
and the Melbourne Market and Park Lands Act 1933 with respect
to the management of the Shrine of Remembrance and the
composition, duties and powers of the Shrine of Remembrance
trustees and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to amend the
Shrine of Remembrance Act 1978 and the
5 Melbourne Market and Park Lands Act
1933--
(a) to amend the composition, duties and powers
of the trustees of the Shrine of
Remembrance; and
571014B.I-8/2/2011 1 BILL LA INTRODUCTION 8/2/2011
Shrine of Remembrance Amendment Bill 2011
Part 1--Preliminary
s. 2
(b) to further provide for management powers in
respect of the Shrine of Remembrance.
2 Commencement
(1) Subject to subsection (2), this Act comes into
5 operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 September 2011, it comes into
operation on that day.
__________________
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Shrine of Remembrance Amendment Bill 2011
Part 2--Amendment of Shrine of Remembrance Act 1978
s. 3
PART 2--AMENDMENT OF SHRINE OF REMEMBRANCE
ACT 1978
3 Definitions
In section 1A of the Shrine of Remembrance See:
Act No.
5 Act 1978-- 9167.
Reprint No. 2
(a) in the definition of naval, military or air as at
1 June 2000
forces for "Patriotic Funds Act 1958" and
substitute "Veterans Act 2005"; amending
Act Nos
(b) in the definition of service or duty for 10/2004 and
98/2005.
10 "Patriotic Funds Act 1958" substitute LawToday:
"Veterans Act 2005". www.
legislation.
vic.gov.au
4 New section 1B inserted
After section 1A of the Shrine of Remembrance
Act 1978 insert--
15 "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
20 of Victorians and Australians in war,
conflict, peacekeeping and peacemaking.".
5 Trustees
(1) In section 3(1) of the Shrine of Remembrance
Act 1978--
25 (a) for "8" substitute "10";
(b) for paragraph (e) substitute--
"(e) 6 other persons nominated by the
Minister.".
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Part 2--Amendment of Shrine of Remembrance Act 1978
s. 6
(2) After section 3(1) of the Shrine of Remembrance
Act 1978 insert--
"(2) For the purposes of subsection (1), in
nominating a person to be appointed as a
5 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;
10 (b) marketing, advertising or public
relations;
(c) asset management;
(d) public education;
(e) architecture, building or engineering;
15 (f) business, finance or administration;
(g) fundraising;
(h) public affairs;
(i) community engagement;
(j) veterans affairs;
20 (k) military service.
(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,
25 the areas listed in subsection (2).".
6 Trustees--Public Administration Act 2004
After section 3(3) of the Shrine of Remembrance
Act 1978 insert--
"(4) The Public Administration Act 2004
30 applies to the Shrine of Remembrance
Trustees as if the trustees were a public
entity, but not a small entity, within the
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Shrine of Remembrance Amendment Bill 2011
Part 2--Amendment of Shrine of Remembrance Act 1978
s. 7
meaning of that Act, established on or after
1 July 2005.
Note
Part 5 of the Public Administration Act 2004
5 commenced on 1 July 2005.".
7 Powers and duties of trustees
(1) Before section 4(1) of the Shrine of
Remembrance Act 1978 insert--
"(1AA) The trustees have the following overarching
10 functions--
(a) responsibility for the care,
management, maintenance and
preservation of the Shrine of
Remembrance--
15 (i) as a memorial to honour the
service and sacrifice of Victorians
and Australians in war, conflict,
peacekeeping and peacemaking;
and
20 (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
25 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
30 or commemorative activities; and
(c) the development, promotion,
management and implementation of
public programs to inform, educate and
promote understanding among
35 Victorians and visitors about the
571014B.I-8/2/2011 5 BILL LA INTRODUCTION 8/2/2011
Shrine of Remembrance Amendment Bill 2011
Part 2--Amendment of Shrine of Remembrance Act 1978
s. 8
history, experience, service and
sacrifice of Victorians and Australians
in war, conflict, peacekeeping and
peacemaking, including, but not limited
5 to, exhibitions, lectures, publications,
school learning and outreach
programs.".
(2) In section 4(1)(a) of the Shrine of Remembrance
Act 1978 omit "the care, management,
10 maintenance and preservation of the Shrine of
Remembrance, and for".
(3) In section 4(1) of the Shrine of Remembrance
Act 1978--
(a) in paragraph (d) for "this Act;" substitute
15 "this Act.";
(b) paragraph (e) is repealed.
(4) After section 4(1) of the Shrine of Remembrance
Act 1978 insert--
"(1A) Without limiting any power, duty or function
20 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
25 (c) in places in Victoria other than at the
Shrine of Remembrance or on the
reserved land.".
8 Proceedings of trustees
In section 4F(3) of the Shrine of Remembrance
30 Act 1978 for "Five" substitute "Six".
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Shrine of Remembrance Amendment Bill 2011
Part 2--Amendment of Shrine of Remembrance Act 1978
s. 9
9 Disclosure of interests of trustees
In section 4G(3) of the Shrine of Remembrance
Act 1978 for "or under section 4(4) of the
Melbourne Market and Park Lands Act 1933"
5 substitute ", section 7A or 7B".
10 Business plan
Section 4K(3) and (6) of the Shrine of
Remembrance Act 1978 are repealed.
11 Sections 7A and 7B inserted
10 After section 7 of the Shrine of Remembrance
Act 1978 insert--
"7A Agreements between the trustees and
Melbourne City Council
The trustees and Melbourne City Council
15 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
20 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;
25 (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;
30 (e) the role of the Melbourne City Council,
if any, on any committees for the
Shrine of Remembrance;
(f) consultation and decision-making.
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Part 2--Amendment of Shrine of Remembrance Act 1978
s. 12
7B Melbourne City Council to improve and
maintain parks and gardens
(1) Melbourne City Council--
(a) is responsible for the improvement and
5 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
10 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
15 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.
20 (3) Nothing in this section limits any powers of
the trustees under this Act in relation to the
reserved land.".
12 Section 8 substituted
For section 8 of the Shrine of Remembrance Act
25 1978 substitute--
"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
30 cost for the operation of the perpetual flame
at the Shrine of Remembrance with a
relevant gas distributor.".
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Part 2--Amendment of Shrine of Remembrance Act 1978
s. 13
13 New section 10 inserted
After section 9 of the Shrine of Remembrance
Act 1978 insert--
"10 Transitional provisions--Shrine of
5 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
10 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
15 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 to hold office on and from
20 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
25 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--
30 (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
35 reservation specified in section 4(5)(b)
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Shrine of Remembrance Amendment Bill 2011
Part 2--Amendment of Shrine of Remembrance Act 1978
s. 13
of that Act as in force immediately
before its repeal; and
(b) any appointment of the Melbourne City
Council as the committee of
5 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
10 the amendment of that section
continues to have effect on and from
that amendment.".
__________________
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Shrine of Remembrance Amendment Bill 2011
Part 3--Amendment of Melbourne Market and Park Lands Act 1933
s. 14
PART 3--AMENDMENT OF MELBOURNE MARKET AND
PARK LANDS ACT 1933
14 Repeal of redundant sections of the Melbourne
Market and Park Lands Act 1933
5 (1) In section 4 of the Melbourne Market and Park See:
Act No.
Lands Act 1933-- 4184
and
(a) in subsection (4)-- amending
Act Nos
(i) for "such portion thereof as is occupied 5913, 9167,
10144,
by the monument known as the Shrine 86/1991,
10 of Remembrance" substitute "the 20/1992 and
55/1994.
reserved land within the meaning of the LawToday:
Shrine of Remembrance Act 1978"; www.
legislation.
(ii) omit the words and expressions vic.gov.au
commencing "Provided that" and
15 ending "Shrine of Remembrance
Trustees";
(b) subsection (5)(b) is repealed.
(2) Insert the following heading to section 5 of the
Melbourne Market and Park Lands Act
20 1933--
"Council to give receipt--Treasury Gardens".
(3) Section 5(1)(a), (2) and (3) of the Melbourne
Market and Park Lands Act 1933 are repealed.
(4) Part I of the Sixth Schedule to the Melbourne
25 Market and Park Lands Act 1933 is repealed.
__________________
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Shrine of Remembrance Amendment Bill 2011
Part 4--Repeal of Amending Act
s. 15
PART 4--REPEAL OF AMENDING ACT
15 Repeal of amending Act
This Act is repealed on 1 September 2012.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Shrine of Remembrance Amendment Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571014B.I-8/2/2011 13 BILL LA INTRODUCTION 8/2/2011
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