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2013-2014
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
AUSTRALIAN WAR MEMORIAL AMENDMENT BILL 2014
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Veterans' Affairs,
Senator The Honourable Michael Ronaldson)
Table of Contents
Outline and Financial Impact ............................................................. ii
1 Short Title .......................................................................................... iii
2 Commencement ................................................................................. iii
3 Schedule(s) .......................................................................................... iii
Schedule 1 - Amendments ................................................................ 1
Statement of Compatibility with Human Rights ....................................... 3
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AUSTRALIAN WAR MEMORIAL
AMENDMENT BILL 2014
OUTLINE AND FINANCIAL IMPACT
The Bill will give effect to the Government's 2013 election commitment to amend the Australian
War Memorial Act 1980 to prohibit the levying of entry or parking fees at the Australian War
Memorial premises in Campbell in the Australian Capital Territory.
FINANCIAL IMPACT STATEMENT
The Bill has no financial impact.
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Australian War Memorial Amendment Bill 2014
Short Title Clause 1 sets out how the Act is to be cited.
Commencement Clause 2 sets out the commencement date of the provisions of the Act.
Schedules Clause 3 provides that legislation that is specified in a Schedule to this Act
is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect
according to its terms.
This explanatory memorandum uses the following abbreviation:
`Australian War Memorial Act' means the Australian War Memorial Act 1980.
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Schedule 1 - Amendments
Overview
The Bill will give effect to the Government's 2013 election commitment to amend the
Australian War Memorial Act to prohibit the levying of entry or parking fees at the
Australian War Memorial premises in Campbell in the Australian Capital Territory.
Background
The Australian War Memorial is located in Campbell in the Australian Capital
Territory and combines a shrine, a world-class museum, and an extensive archive.
The Memorial's purpose is to commemorate the sacrifice of those Australians who
have died in war. Its mission is to assist Australians to remember, interpret and
understand the Australian experience of war and its enduring impact on Australian
society.
In addition to this mission, the Australian War Memorial offers, on a fee-for-service
basis, a number of additional services such as venue hire and educational and school
holiday programs. The fees from these services contribute to the funding of the
Australian War Memorial. These services will not be affected by the amendments in
the Bill that prohibit the levying of entry or parking fees at the Australian War
Memorial premises in Campbell. The Australian War Memorial will continue to
provide and charge a fee for these additional services. Also, the amendments in the
Bill will not prevent the Australian War Memorial from receiving voluntary donations
at the Australian War Memorial premises in Campbell.
The Australian War Memorial is established as a corporation by the Australian War
Memorial Act. Subsection 6(1) of the Australian War Memorial Act provides that,
subject to the Act, the Australian War Memorial has the power to do all things
necessary or convenient to be done for or in connection with the performance of its
functions. These powers include, but are not limited to, the powers listed in
subsection 6(2) of the Australian War Memorial Act. The functions of the Australian
War Memorial are set out in section 5 of the Australian War Memorial Act.
Under paragraph 42(b) of the Australian War Memorial Act, the Governor-General
may make regulations for fixing charges for entry onto any land, or into any building,
owned by, or under the control of, the Australian War Memorial.
Explanation of the Items
Australian War Memorial Act 1980
Item 1 inserts new subsections 6(5) and (6) at the end of section 6 of the Australian
War Memorial Act. Subject to the Australian War Memorial Act, subsection 6(1)
provides the Australian War Memorial with the general power to do all things
necessary or convenient to be done for or in connection with the performance of its
functions.
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New subsection 6(5) provides that the Australian War Memorial must not:
fix charges for parking a vehicle on any land owned or under the control of the
Australian War Memorial in Campbell in the Australian Capital Territory; or
fix charges for entry onto any land, or into any building, owned or under the
control of the Australian War Memorial in Campbell in the Australian Capital
Territory.
New subsection 6(6) makes it clear that the prohibition on parking or entry fees does
not apply to the additional services provided on a fee-for-service basis by the
Australian War Memorial on premises owned or under the control of the Australian
War Memorial in Campbell. These additional services are specified in new
paragraphs 6(6)(a) to (c) as:
the hiring or leasing of any land or building in Campbell, owned or under the
control of the Australian War Memorial;
educational programs provided by the Australian War Memorial on any land
or in any building, owned or under the control of the Australian War Memorial
in Campbell; and
the provision of any other services by the Australian War Memorial following
entry onto any land or into any building in Campbell, owned or under the
control of the Australian War Memorial.
The Australian War Memorial will continue to charge for venue lease or hire and
other services and programs referred to in paragraphs 6(6)(a) to (c) .
Item 2 amends paragraph 42(b) of the Australian War Memorial Act. Section 42
authorises the making of regulations for prescribing all matters that are required or
permitted, or are necessary or convenient for carrying out or giving effect to the Act.
Paragraph (b) of section 42 specifies that regulations may be made to fix charges for
entry onto any land or building, owned or under the control of the Australian War
Memorial. Item 2 amends paragraph 42(b) to exclude any land or building in
Campbell in the Australian Capital Territory, owned or under the control of the
Australian War Memorial.
Commencement
Clause 2 provides that the amendments commence on the day after the Act receives
Royal Assent.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act
2011
Australian War Memorial Amendment Bill 2014
Schedule 1 - Amendments
This Schedule is compatible with the human rights and freedoms recognised or
declared in the international instruments listed in section 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011.
Overview of the legislative amendments
The amendments will give effect to the Government's 2013 election commitment to
amend the Australian War Memorial Act to prohibit the levying of entry or parking
fees at the Australian War Memorial premises in Campbell in the Australian Capital
Territory.
Human rights implications
The Bill may engage article 15 of the International Covenant on Economic, Social and
Cultural Rights relating the right to enjoy and benefit from culture.
As the Bill will prohibit the levying of entry or parking fees at the Australian War
Memorial, the Bill is compatible with article 15 of the International Covenant on
Economic, Social and Cultural Rights.
Conclusion
The Bill is compatible with human rights.
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