Australian War Memorial Act 1980

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

the Defence Force.

There is established by this section a corporation by the name of the Australian War Memorial.

The Memorial:

has perpetual succession;

shall have a common seal;

may acquire, hold and dispose of real and personal property; and

may sue and be sued in its corporate name.

The Public Governance, Performance and Accountability Act 2013 applies to the Memorial. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

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.

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.

The functions of the Memorial are:

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:

on or as a result of active service; or

as a result of any war or warlike operations in which Australians have been on active service;

to develop and maintain, as an integral part of the national memorial referred to in paragraph (a), a national collection of historical material;

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;

to conduct, arrange for and assist in research into matters pertaining to Australian military history; and

to disseminate information relating to:

Australian military history;

the national memorial referred to in paragraph (a);

the memorial collection; and

the Memorial and its functions.

The Memorial shall use every endeavour to make the most advantageous use of the memorial collection in the national interest.

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.

Without limiting the generality of subsection (1), the powers of the Memorial include power:

to purchase or take on hire, or to accept as a gift or on deposit or loan, historical material;

to lend or hire out or otherwise deal with (otherwise than by way of disposal) historical material;

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;

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;

to make available (whether by sale or otherwise) reproductions, replicas or other representations (whether in writing or in any other form) of historical material;

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;

to provide facilities to stimulate interest in Australian military history;

to assist educational institutions in matters relating to Australian military history;

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;

to assist, on request, in the creation and maintenance of military museums in Defence Force establishments;

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;

to erect buildings;

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;

to act as trustee of moneys or other property vested in the Memorial on trust; and

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.

The Memorial shall not dispose of historical material except in accordance with section 8.

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.

The Memorial must not fix charges for parking a vehicle on any land, or for entry onto any land or into any building, that:

is owned by, or under the control of, the Memorial; and

is in Campbell, Australian Capital Territory.

To avoid doubt, subsection (5) does not apply in relation to the following:

the hiring or leasing of any such land or building;

the provision of educational programs by the Memorial;

the provision of any other services by the Memorial following entry onto any such land or into any such building.

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.

Subject to this Act, the Minister may, on behalf of the Commonwealth, make arrangements, in writing, with the Memorial for:

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;

the deposit in the custody of the Memorial of historical material owned by the Commonwealth; and

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 or she considers to be of use to the Memorial;

Subject to subsection (3), where the Council is satisfied that historical material in the memorial collection:

is unfit for the collection; or

is not required as part of the collection;

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.

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.

Where:

the Council has resolved, in accordance with this section, that historical material be disposed of; and

if the value of that historical material exceeds $5,000, the Minister has approved of that disposal;

There is established by this section a Council by the name of the Council of the Australian War Memorial.

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.

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.

The Council shall consist of:

the Chief of Navy;

the Chief of Army;

the Chief of Air Force; and

not less than 8 nor more than 10 other members.

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.

An appointed member:

shall be appointed to be a part‑time member; and

holds office for such term, not exceeding 3 years, as is fixed by the Governor‑General in the instrument of his or her appointment.

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.

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 or her appointment.

There shall be a Chair of the Council who shall be elected by the members from among their number.

A member elected as the Chair:

holds office as the Chair for the period fixed by the Council at the time of his or her election, but that period shall not extend beyond the expiration of the term for which he or she is holding office as a member at that time; and

is eligible for re‑election.

The Chair may resign his or her office by writing signed by him or her and delivered to the Minister.

The election of a person as the Chair is not invalidated, and shall not be called in question, by reason of a defect or irregularity in or in connection with his or her election.

The validity of anything done by a person purporting to be the Chair shall not be called in question on the ground that there is a defect or irregularity in or in connection with his or her election as the Chair or that he or she has ceased to be the Chair.

A member may, with the approval of the Minister, appoint a person, other than a member, to be his or her deputy.

A member may revoke the appointment of a person as his or her deputy, but the revocation is not effective until the member has given notice of it, in writing, to the Minister.

A deputy of a member may resign his or her office by writing signed by him or her and delivered to the Minister.

A deputy of a member is entitled, in the event of the absence of the member of whom he or she is the deputy from a meeting of the Council, to attend that meeting and, when so attending, shall be deemed to be a member.

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 or her appointment.