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PARLIAMENT OF VICTORIA
Shrine of Remembrance (Amendment) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 2
2. Commencement 2
3. Principal Act 3
4. Heading to Part 1 inserted 3
5. Definitions 3
1A. Definitions 3
6. Reference to reserved land--section 2 4
7. Improvement of Shrine of Remembrance 4
PART 2--TRUSTEES 4
2A. Power to improve Shrine of Remembrance 4
2B. Approval of undercroft development 4
8. Trustees 5
9. Powers and duties of trustees 6
10. Others matters relating to trustees 7
4A. Minister may give directions to trustees 7
4B. Delegation of powers of trustees 7
4C. Terms of appointment of trustees 8
4D. Vacancies, resignation and removal from office 9
4E. Validity of decisions of trustees 9
4F. Proceedings of trustees 10
4G. Disclosure of interests of trustees 10
4H. Governors 11
4I. Life Governors 12
4J. Staff 12
4K. Business plan 13
11. Heading to Part 3 inserted 14
12. Reference to reserved land--section 6 14
13. Transitional provisions 15
PART 4--TRANSITIONAL PROVISIONS 15
9. Appointment and reconstitution of trustees 15
14. Statute law revision 15
NOTES 16
i
532172B.A1-7/5/99
PARLIAMENT OF VICTORIA
Initiated in Assembly 21 April 1999
As amended by Assembly 6 May 1999
A BILL
to amend the Shrine of Remembrance Act 1978 and for other
purposes.
Shrine of Remembrance (Amendment)
Act 1999
Preamble
(1) The land delineated and shown hatched on
the plan in Schedule One ("the reserved
land") to the Shrine of Remembrance Act
1978 is permanently reserved as a site for a
monument known as the Shrine of
Remembrance by Order in Council dated
23 October 1933 and is vested by Crown
grant volume 5876 folium 006 in the Shrine
of Remembrance Trustees.
(2) The Crown grant provides that the reserved
land and buildings on the land shall be at all
times maintained as and for a site for a
monument known as the Shrine of
Remembrance and offices and conveniences
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connected with the Shrine and for no other
purpose whatsoever.
(3) The Shrine of Remembrance Trustees desire
that the Trustees be empowered to improve
the Shrine of Remembrance for the purpose
of creating galleries of remembrance and
related facilities.
(4) It is appropriate to empower the Shrine of
Remembrance Trustees to improve the
Shrine of Remembrance for that purpose.
The Parliament of Victoria therefore enacts as follows:
1. Purpose
The purpose of this Act is to amend the Shrine of
Remembrance Act 1978--
(a) to alter the composition of the body
5 corporate known as the Shrine of
Remembrance Trustees; and
(b) to extend the powers of the Trustees relating
to improvement of the Shrine; and
(c) to provide for the appointment of Governors
10 and Life Governors of the Shrine; and
(d) to make other amendments in relation to the
administration of the Act.
2. Commencement
(1) Section 1 and this section come into operation on
15 the day on which this Act receives the Royal
Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
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(3) If a provision referred to in sub-section (2) does
not come into operation before 1 October 1999, it
comes into operation on that day.
3. Principal Act
No. 9167.
5 In this Act, the Shrine of Remembrance Act
Reprint No. 1
1978 is called the Principal Act. as at 6 March
1997.
4. Heading to Part 1 inserted
Before section 1 of the Principal Act insert--
"PART 1--PRELIMINARY".
10 5. Definitions
After section 1 of the Principal Act insert--
'1A. Definitions
In this Act--
"Crown grant" means the Crown grant
15 volume 5876 folium 006;
"naval, military or air forces" has the
same meaning as "Her Majesty's naval,
military or air forces" has in the
Patriotic Funds Act 1958;
20 "Order in Council" means the Order in
Council dated 23 October 1933;
"reserved land" means the land delineated
and shown hatched on the plan in
Schedule One;
25 "service or duty" has the same meaning as
in the Patriotic Funds Act 1958;
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"trustees" means the body corporate
established under section 3;
"undercroft land" means a stratum of the
reserved land consisting of a space of
5 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.'.
10 6. Reference to reserved land--section 2
In section 2 of the Principal Act, for "area
delineated and shown hatched on the plan in
Schedule One" substitute "reserved land".
7. Improvement of Shrine of Remembrance
15 Before section 3 of the Principal Act insert--
"PART 2--TRUSTEES
2A. Power to improve Shrine of Remembrance
Despite anything in the Order in Council or
the Crown grant, the trustees may improve
20 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
25 that section.
2B. Approval of undercroft development
(1) The Minister--
(a) on receiving a plan of survey signed by
the Surveyor-General of any undercroft
30 land; and
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(b) if satisfied that the undercroft land as
shown in the plan of survey is
appropriate for the development of
galleries of remembrance and related
5 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
10 plan and subject to any terms and conditions
recommended by the Minister.
(2) The Governor in Council may, by notice
published in the Government Gazette--
(a) approve the plan of survey; and
15 (b) give approval to the development in
accordance with the plan and subject to
any terms and conditions recommended
by the Minister.".
8. Trustees
20 (1) In section 3 of the Principal Act, for sub-sections
(1) and (2) substitute--
"(1) The Governor in Council shall appoint
8 persons to act as trustees of the Shrine of
Remembrance being--
25 (a) 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
30 (b) 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
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(c) 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
5 member of the naval, military or air
forces and who is a member of the
Returned Services League; and
(d) a person nominated by the Minister on
the recommendation of The Legacy
10 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
15 (e) 4 persons nominated by the Minister
who have between them experience and
knowledge of administration, business,
finance, marketing or public relations.".
(2) In section 3 of the Principal Act, sub-sections (4)
20 to (10) are repealed.
9. Powers and duties of trustees
(1) In section 4(1) of the Principal Act--
(a) in paragraph (a), for "land delineated and
shown hatched on the plan in Schedule One"
25 substitute "reserved land";
(b) at the end of paragraph (c) omit "and";
(c) after paragraph (c) insert--
"(ca) in relation to the undercroft land--
(i) may charge fees for entry into the
30 undercroft land, including concessional
fees; and
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(ii) may determine the mechanisms for
charging concessional fees; and
(iii) may exempt in a specified case or class
of case any person or class of persons
5 from payment of fees; and".
(2) Section 4(4) of the Principal Act is repealed.
10. Others matters relating to trustees
After section 4 of the Principal Act insert--
"4A. Minister may give directions to trustees
10 (1) 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.
(2) The trustees must comply with any direction
15 given under sub-section (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.
20 (3) A copy of any direction given under sub-
section (1) must be included in the annual
report of the trustees.
4B. Delegation of powers of trustees
The trustees, with the approval of the
25 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--
(a) one or more trustees; or
30 (b) any person appointed or employed by
the trustees.
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4C. Terms of appointment of trustees
(1) Subject to sub-section (2), a trustee, other
than a trustee appointed under section
3(1)(b)--
5 (a) holds office for the period, not
exceeding 5 years, specified in the
instrument of his or her appointment;
and
(b) is eligible for re-appointment.
10 (2) 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.
15 (3) A trustee appointed under section 3(1)(b)--
(a) holds office--
(i) for the period during which the
trustee holds office as Lord Mayor
of the Melbourne City Council or
20 a councillor of that Council (as the
case requires); or
(ii) in the case of a councillor of that
Council, for such lesser period as
is specified in the instrument of
25 appointment of the councillor as a
trustee; and
(b) is eligible for re-appointment.
(4) A trustee holds office, subject to this Act, on
the terms and conditions specified in the
30 instrument of appointment.
(5) 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.
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4D. Vacancies, resignation and removal from
office
(1) The office of a trustee becomes vacant if the
trustee--
5 (a) becomes an insolvent under
administration; or
(b) is convicted of an indictable offence or
an offence which, if committed in
Victoria, would be an indictable
10 offence; or
(c) without the approval of the trustees,
fails to attend 3 consecutive meetings
of the trustees.
(2) A trustee may resign his or her office by
15 writing delivered to the Governor in Council.
(3) The Governor in Council may at any time
remove from office a trustee, other than a
trustee who holds office as Lord Mayor of
the Melbourne City Council.
20 (4) If a trustee--
(a) is convicted of an offence relating to
his or her duties as a trustee; or
(b) fails without reasonable cause to
disclose any interest under section
25 4G--
the trustee must be removed from office as
trustee by the Governor in Council.
4E. Validity of decisions of trustees
(1) An act or decision of the trustees is not
30 invalid merely because of--
(a) a defect or irregularity in, or in
connection with, the appointment of a
trustee; or
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(b) a vacancy in the office of the trustees,
including a vacancy arising from the
failure to appoint an original trustee.
(2) Anything done by or in relation to a person
5 purporting to act as chairperson or as a
trustee is not invalid merely because--
(a) the occasion for the appointment had
not arisen; or
(b) there was a defect or irregularity in
10 relation to the appointment; or
(c) the appointment had ceased to have
effect; or
(d) the occasion for the person to act had
not arisen or had ceased.
15 4F. Proceedings of trustees
(1) The trustees must meet at such times and
places as the trustees determine, or in the
absence of a determination by the trustees,
as the chairperson determines.
20 (2) The chairperson or, in his or her absence, a
trustee appointed by the trustees present at
the meeting, must preside.
(3) Five trustees constitute a quorum.
(4) A question arising at a meeting is determined
25 by a majority of votes of trustees present and
voting on that question and, if the voting is
equal, the person presiding has a second or
casting vote as well as a deliberative vote.
(5) Subject to this Act the trustees may regulate
30 their own proceedings.
4G. Disclosure of interests of trustees
(1) A trustee who has a direct or indirect
pecuniary interest in any matter being dealt
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with by the trustees must disclose the nature
of that interest at a meeting of the trustees as
soon as possible after becoming aware of the
interest.
5 (2) A trustee who holds an office or possesses
property as a result of which, directly or
indirectly, duties or interests may be created
in conflict with the trustee's duties as a
trustee, must disclose that fact at a meeting
10 of the trustees as soon as possible after
becoming aware of the potential conflict.
(3) Despite sub-section (2), a trustee appointed
under section 3(1)(b) is not required to make
a disclosure in relation to services provided
15 by that Council under section 7 or under
section 4(4) of the Melbourne Market and
Park Lands Act 1933.
(4) The person presiding at a meeting at which a
disclosure under this section is made must
20 cause that disclosure to be recorded in the
minutes of the meeting.
(5) A person who has made a disclosure under
this section must not take any further part in
the discussion of or vote on the contract or
25 other matter to which the disclosure relates.
(6) If a trustee votes on a matter in contravention
of sub-section (4), his or her vote must be
disallowed.
4H. Governors
30 (1) The trustees may from time to time appoint,
in writing, any person whom the trustees
consider fit to be Governors of the Shrine of
Remembrance.
(2) A Governor holds Office for the period, not
35 exceeding 5 years, specified in his or her
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instrument of appointment, but is eligible for
re-appointment.
(3) The functions of a Governor are to assist the
trustees with the conduct of ceremonial
5 activities related to the Shrine of
Remembrance and to carry out such other
duties as the trustees may from time to time
request.
4I. Life Governors
10 (1) A person who held office as a trustee
immediately before the commencement of
section 8 of the Shrine of Remembrance
(Amendment) Act 1999, other than a person
appointed as a trustee under section 3(1)(a),
15 (b), (c) or (d) (as in force immediately before
that commencement), is deemed to have
been appointed as a Life Governor of the
Shrine of Remembrance and to have been so
appointed--
20 (a) in the case of a person who is not
appointed as a trustee after that
commencement, on that
commencement; or
(b) in the case of a person who is appointed
25 as a trustee after that commencement,
on ceasing to be a trustee.
(2) A Life Governor has the same functions and
duties as a Governor under section 4H.
4J. Staff
30 The trustees may appoint or employ such
persons as are necessary to carry out its
functions under this Act.
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4K. Business plan
(1) The trustees must prepare a business plan
each year.
(2) The trustees must give a copy of the
5 proposed business plan to the Minister on or
before the date in each year that is
determined by the Minister.
(3) The Minister may--
(a) with the approval of the trustees, give a
10 copy of the proposed business plan to
the chief executive officer of the
Melbourne City Council for comment
by the Council; and
(b) request the Council to provide
15 comments within the time specified by
the Minister.
(4) The proposed business plan must be in or to
the effect of a form approved by the Minister
and must include--
20 (a) a statement of corporate intent, being
information about the objectives, main
undertakings, activities, accounting
policies and performance measures;
(b) financial statements containing the
25 information required by the Minister;
(c) any other matters that the Minister
directs.
(5) The trustees must consider any comments on
the proposed business plan that are made to
30 it by the Minister within 2 months after the
plan was given to the Minister.
(6) The comments referred to in sub-section (5)
may include any comments made to the
Minister by the Melbourne City Council.
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(7) The trustees must--
(a) consult in good faith with the Minister
following communication to the
trustees of any comments under sub-
5 section (5); and
(b) make such changes to the proposed
business plan as are agreed between the
Minister and the trustees; and
(c) deliver the business plan with any
10 changes agreed under paragraph (b) to
the Minister within 3 months after the
proposed business plan was given to
the Minister under sub-section (2).
(8) The business plan, or any part of the plan,
15 must not be published or made available
except for the purposes of this Part without
the prior approval of the trustees and the
Minister.
(9) A business plan may be modified at any time
20 by the trustees with the agreement of the
Minister.".
11. Heading to Part 3 inserted
Before section 5 of the Principal Act insert--
"PART 3--MISCELLANEOUS".
25 12. Reference to reserved land--section 6
In section 6(1) of the Principal Act--
(a) in paragraph (a), for "area delineated and
shown hatched on the plan in Schedule One"
substitute "reserved land";
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(b) in paragraph (b), for "said area" substitute
"reserved land".
13. Transitional provisions
After section 8 of the Principal Act insert--
5 "PART 4--TRANSITIONAL PROVISIONS
9. Appointment and reconstitution of trustees
(1) On the commencement of section 8 of the
Shrine of Remembrance (Amendment)
Act 1999, the trustees appointed under
10 section 3(1) as in force immediately before
that commencement go out of office unless
re-appointed under that section as in force
immediately after that commencement.
(2) Despite the reconstitution of the Shrine of
15 Remembrance Trustees by reason of
section 8 of the Shrine of Remembrance
(Amendment) Act 1999, the Shrine of
Remembrance Trustees is deemed to be the
same body on and after that commencement
20 as it was before that commencement.".
14. Statute law revision
In the Principal Act--
(a) in section 4(3), for "city of Melbourne"
substitute "Melbourne City Council";
25 (b) in section 7, for "council of the city of
Melbourne" substitute "Melbourne City
Council".
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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