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Australian War Memorial Amendment Bill 2014

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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

 

 



 

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. 

 

 

 



 

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                   Clause 3 provides that legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 .

 

 

 



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, t he 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. 

 

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. 

 

 

 



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.