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Shrine of Remembrance Amendment Act 2011 No. 4 of 2011

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 2

PART 2—AMENDMENT OF SHRINE OF REMEMBRANCE ACT 1978 3

3 Definitions 34 New section 1B inserted 3

1B The primary role of the Shrine of Remembrance 35 Trustees 36 Trustees—Public Administration Act 2004 47 Powers and duties of trustees 58 Proceedings of trustees 69 Disclosure of interests of trustees 710 Business plan 711 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 88 Gas supply for the perpetual flame at the Shrine of

Remembrance 813 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

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PART 4—REPEAL OF AMENDING ACT 12

15 Repeal of amending Act 12═══════════════

ENDNOTES 13

Shrine of Remembrance Amendment Act 2011†

No. 4 of 2011

[Assented to 29 March 2011]

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 Melbourne Market and Park Lands Act 1933—

(a) to amend the composition, duties and powers of the trustees of the Shrine of Remembrance; and

(b) to further provide for management powers in respect of the Shrine of Remembrance.

Victoria

1

2 Commencement

(1) Subject to subsection (2), this Act comes into 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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PART 2—AMENDMENT OF SHRINE OF REMEMBRANCE ACT 1978

s. 2 Section Page

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3 DefinitionsSee:Act No.9167.Reprint No. 2as at1 June 2000and amendingAct Nos10/2004 and 98/2005.LawToday:www.legislation.vic.gov.aus. 3

In section 1A of the Shrine of Remembrance Act 1978—

(a) in the definition of naval, military or air forces for "Patriotic Funds Act 1958" substitute "Veterans Act 2005";

(b) in the definition of service or duty for "Patriotic Funds Act 1958" substitute "Veterans Act 2005".

4 New section 1B inserted

After section 1A of the Shrine of Remembrance Act 1978 insert—"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.".

5 Trustees

(1) In section 3(1) of the Shrine of Remembrance Act 1978—

(a) for "8" substitute "10";

Part 4—Repeal of Amending Act

Shrine of Remembrance Amendment Act 2011No. 4 of 2011

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(b) for paragraph (e) substitute—"(e) 6 other persons nominated by the

Minister.".

(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 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.

(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).".



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6 Trustees—Public Administration Act 2004

After section 3(3) of the Shrine of Remembrance Act 1978 insert—"(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.".

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 functions—

(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

s. 6s. 7Part 4—Repeal of Amending Act


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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.".

(2) In section 4(1)(a) of the Shrine of Remembrance Act 1978 omit "the care, management, 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 "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 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.".



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8 Proceedings of trustees

In section 4F(3) of the Shrine of Remembrance Act 1978 for "Five" substitute "Six".

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" 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

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 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;

s. 8s. 9Part 4—Repeal of Amending Act


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(c) any other services;

(d) grants and other financial contributions;

(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.".

12 Section 8 substituted

For section 8 of the Shrine of Remembrance Act 1978 substitute—

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

s. 12Part 4—Repeal of Amending Act


8

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.".

13 New section 10 inserted

After section 9 of the Shrine of Remembrance Act 1978 insert—"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 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



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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.".

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PART 3—AMENDMENT OF MELBOURNE MARKET AND PARK LANDS ACT 1933



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14 Repeal of redundant sections of the Melbourne Market and Park Lands Act 1933

See:Act No.4184and amendingAct Nos5913, 9167, 10144, 86/1991, 20/1992 and 55/1994.LawToday:www.legislation.vic.gov.aus. 14

(1) In section 4 of the Melbourne Market and Park Lands Act 1933—

(a) in subsection (4)—

(i) for "such portion thereof as is occupied by the monument known as the Shrine of Remembrance" substitute "the reserved land within the meaning of the Shrine of Remembrance Act 1978";

(ii) omit the words and expressions commencing "Provided that" and 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 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 Market and Park Lands Act 1933 is repealed.

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PART 4—REPEAL OF AMENDING ACT



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15 Repeal of amending Act

This Act is repealed on 1 September 2012.Note

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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ENDNOTES

Endnotes


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† Minister's second reading speech—

Legislative Assembly: 10 February 2011

Legislative Council: 3 March 2011

The long title for the Bill for this Act was "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."

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