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This Act may be cited as the Shrine of Remembrance Act 1978.
This Act shall come into operation on the day on which it receives the Royal Assent.
S. 1A inserted by No. 31/1999 s. 5.
In this Act—
Crown grant means the Crown grant volume 5876 folium 006;
S. 1A def. of naval, military or air forces amended by Nos 4/2011 s. 3(a), 25/2023 s. 7(Sch. 1 item 24).
naval, military or air forces has the same meaning as His 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;
S. 1A def. of police officer inserted by No. 37/2014 s. 10(Sch. item 157.1).
police officer has the same meaning as in the Victoria Police Act 2013;
reserved land means the land delineated and shown hatched on the plan in Schedule One;
S. 1A def. of service or duty amended by No. 4/2011 s. 3(b).
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 below, the surface of the reserved land but does not include the space known as the Crypt of the Shrine of Remembrance.
S. 1B inserted by No. 4/2011 s. 4.
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.
S. 2 amended by No. 31/1999 s. 6.
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.
Pt 2 (Heading and ss 2A, 2B) inserted by No. 31/1999 s. 7.
S. 2A inserted by No. 31/1999 s. 7.
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.
S. 2B inserted by No. 31/1999 s. 7.
The Minister—
on receiving a plan of survey signed by the Surveyor-General of any undercroft land; and
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.
The Governor in Council may, by notice published in the Government Gazette—
approve the plan of survey; and
give approval to the development in accordance with the plan and subject to any terms and conditions recommended by the Minister.
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).
The Governor in Council shall appoint 10 persons to act as trustees of the Shrine of Remembrance being—
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
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
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
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).
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).
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—
governance;
marketing, advertising or public relations;
asset management;
public education;
architecture, building or engineering;
business, finance or administration;
fundraising;
public affairs;
community engagement;
veterans affairs;
military service.
S. 3(2A) inserted by No. 4/2011 s. 5(2).
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).
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.
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.
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.
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—
for as long as there is no person appointed under subsection (1)(a); or
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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S. 4(1AA) inserted by No. 4/2011 s. 7(1).
The trustees have the following overarching functions—
responsibility for the care, management, maintenance and preservation of the Shrine of Remembrance—
as a memorial to honour the service and sacrifice of Victorians and Australians in war, conflict, peacekeeping and peacemaking; and
as a site of national, State and cultural significance; and
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
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.
The trustees—
S. 4(1)(a) amended by Nos 31/1999 s. 9(1)(a), 4/2011 s. 7(2).
shall be responsible for the care, management, maintenance and improvement of the reserved land;
may to the exclusion of all other bodies or persons—
provide and sell; and
authorise the manufacture, printing, publishing, display and sale of—
replicas, photographs, booklets, pamphlets and other like matter relating to the said monument;
S. 4(1)(c) amended by No. 31/1999 s. 9(1)(b).
may receive moneys by way of—
collections or donations;
proceeds of sales by the trustees of such replicas, photographs, booklets, pamphlets and other like matter; or
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;
S. 4(1)(ca) inserted by No. 31/1999 s. 9(1)(c).
in relation to the undercroft land—
may charge fees for entry into the undercroft land, including concessional fees; and
may determine the mechanisms for charging concessional fees; and
S. 4(1)(ca)(iii) amended by No. 98/2005 s. 91(a).
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).
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 carrying into effect the provisions of this Act.
S. 4(1)(e) inserted by No. 98/2005 s. 91(c), repealed by No. 4/2011 s. 7(3)(b).
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S. 4(1A) inserted by No. 4/2011 s. 7(4).
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—
within the Shrine of Remembrance; and
elsewhere on the reserved land; and
in places in Victoria other than at the Shrine of Remembrance or on the reserved land.
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.
S. 4(3) amended by No. 31/1999 s. 14(a).
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.
S. 4(4) repealed by No. 31/1999 s. 9(2).
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S. 4A inserted by No. 31/1999 s. 10.
The Minister may give to the trustees written directions in relation to the performance of the functions of the trustees or the exercise of the powers of the trustees.
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.
A copy of any direction given under subsection (1) must be included in the annual report of the trustees.
S. 4B inserted by No. 31/1999 s. 10.
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—
one or more trustees; or
any person appointed or employed by the trustees.
S. 4C inserted by No. 31/1999 s. 10.
Subject to subsection (2), a trustee, other than a trustee appointed under section 3(1)(b)—
holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment; and
is eligible for re-appointment.
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.
A trustee appointed under section 3(1)(b)—
holds office—
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
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
is eligible for re-appointment.
A trustee holds office, subject to this Act, on the terms and conditions specified in the instrument of appointment.
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.
S. 4D inserted by No. 31/1999 s. 10.