Anzac Memorial Act 2025

This Act is the Anzac Memorial Act 2025.

This Act commences on the date of assent to this Act.

The dictionary in Schedule 3 defines words used in this Act.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

The objects of this Act are as follows—

to recognise Australians who serve in wars and peacekeeping missions,

to recognise the memorial building as the principal memorial in New South Wales to those Australians,

to maintain the amenity and solemn nature of the memorial building and memorial area,

to manage, preserve and improve the memorial building and memorial area,

to constitute, and provide for the functions of, The Trustees.

A body corporate with the name of The Trustees of the Anzac Memorial Building (The Trustees) is constituted.

The Trustees is a NSW Government agency.

The Trustees must control and manage property vested in The Trustees to further the objects of this Act and, in particular, to manage and preserve the memorial building.

The Trustees may also do the following—

manage, preserve and improve the war museum in the memorial building,

create, sell and use representations relating to the memorial area,

promote the understanding of Australia’s military history and heritage, including by conducting community education.

This section does not limit the functions of The Trustees conferred by—

other sections of this Act, or

other legislation, including the RSL NSW Act 2018.

For the Income Tax Assessment Act 1997 of the Commonwealth, section 30-130, The Trustees have the following principal purposes—

to manage, preserve and improve the war museum in the memorial building,

in connection with the museum, to promote the understanding of Australia’s military history and heritage, including by conducting community education,

to support other programs and initiatives consistent with the purposes referred to in paragraphs (a) and (b).

The affairs of The Trustees are managed by a board (the Board).

Anything done in the name of, or on behalf of, The Trustees by the Board is taken to have been done by The Trustees.

Each trustee is a member of the Board.

Schedule 1 sets out additional matters relating to the Board.

The following persons are trustees—

the Premier,

the Leader of the Opposition,

the Lord Mayor of Sydney,

the President of the Returned and Services League of Australia (New South Wales Branch),

the Secretary of the Department of Education,

the New South Wales Government Architect,

the State Librarian,

1 person appointed by the Minister to represent the Australian Defence Force,

1 person appointed by the Minister to represent veterans,

1 person appointed by the Minister to represent the community.

A person appointed by the Minister—

must be appointed by written instrument, and

is appointed for the period, not more than 3 years, specified in the instrument, and

is eligible for re-appointment if the person satisfies the relevant requirements for appointment under sections 10–12.

The Minister may revoke an appointment at any time.

The person appointed under section 9(1)(h) to represent the Australian Defence Force must—

hold an eligible command, and

be nominated by the Chief of the Australian Defence Force, and

be appointed for a period of at least 2 years.

The Minister must ensure appointments under section 9(1)(h) are made on rotation through each eligible command.

If the person appointed under section 9(1)(h) ceases to hold an eligible command, the Minister must revoke the person’s appointment unless the Minister is satisfied the person holds a position in the Australian Defence Force of an equivalent or higher rank.

In this section—

eligible command means the following—

Commander Forces Command, Australian Army,

Commander Australian Fleet, Royal Australian Navy,

Air Commander Australia, Royal Australian Air Force.

The person appointed under section 9(1)(i) to represent veterans must be nominated by the President of the Returned and Services League of Australia (New South Wales Branch).

The person appointed under section 9(1)(j) to represent the community must, in the Minister’s opinion, have financial or business qualifications or experience that will assist The Trustees in exercising The Trustees’ functions.