{"id":"nsw:act-2025-076","name":"Anzac Memorial Act 2025","slug":"anzac-memorial-act-2025","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"76 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28830,"registerId":"nsw-act-2025-076-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Anzac Memorial Act 2025](/view/html/inforce/current/act-2025-076).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> The dictionary in Schedule 3 defines words used in this Act.\n> \n> Note—\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Objects of Act","content":"#### 4 Objects of Act\n\n4 Objects of Act\n\n> The objects of this Act are as follows—\n> \n> > (a) to recognise Australians who serve in wars and peacekeeping missions,\n> \n> > (b) to recognise the memorial building as the principal memorial in New South Wales to those Australians,\n> \n> > (c) to maintain the amenity and solemn nature of the memorial building and memorial area,\n> \n> > (d) to manage, preserve and improve the memorial building and memorial area,\n> \n> > (e) to constitute, and provide for the functions of, The Trustees.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Trustees of the Anzac Memorial Building","content":"# Part 2 The Trustees of the Anzac Memorial Building\n\nPart 2 The Trustees of the Anzac Memorial Building","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Constitution of The Trustees as body corporate","content":"#### 5 Constitution of The Trustees as body corporate\n\n5 Constitution of The Trustees as body corporate\n\n> > (1) A body corporate with the name of The Trustees of the Anzac Memorial Building (The Trustees) is constituted.\n> \n> > (2) The Trustees is a NSW Government agency.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Functions of The Trustees","content":"#### 6 Functions of The Trustees\n\n6 Functions of The Trustees\n\n> > (1) The Trustees must control and manage property vested in The Trustees to further the objects of this Act and, in particular, to manage and preserve the memorial building.\n> \n> > (2) The Trustees may also do the following—\n> > \n> > > (a) manage, preserve and improve the war museum in the memorial building,\n> > \n> > > (b) create, sell and use representations relating to the memorial area,\n> > \n> > > (c) promote the understanding of Australia’s military history and heritage, including by conducting community education.\n> \n> > (3) This section does not limit the functions of The Trustees conferred by—\n> > \n> > > (a) other sections of this Act, or\n> > \n> > > (b) other legislation, including the [RSL NSW Act 2018](/view/html/inforce/current/act-2018-048).","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Principal purposes of The Trustees","content":"#### 7 Principal purposes of The Trustees\n\n7 Principal purposes of The Trustees\n\n> For the [Income Tax Assessment Act 1997](http://www.legislation.gov.au/) of the Commonwealth, section 30-130, The Trustees have the following principal purposes—\n> \n> > (a) to manage, preserve and improve the war museum in the memorial building,\n> \n> > (b) in connection with the museum, to promote the understanding of Australia’s military history and heritage, including by conducting community education,\n> \n> > (c) to support other programs and initiatives consistent with the purposes referred to in paragraphs (a) and (b).","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Board of The Trustees","content":"#### 8 Board of The Trustees\n\n8 Board of The Trustees\n\n> > (1) The affairs of The Trustees are managed by a board (the Board).\n> \n> > (2) Anything done in the name of, or on behalf of, The Trustees by the Board is taken to have been done by The Trustees.\n> \n> > (3) Each trustee is a member of the Board.\n> \n> > (4) Schedule 1 sets out additional matters relating to the Board.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Persons who are trustees","content":"#### 9 Persons who are trustees\n\n9 Persons who are trustees\n\n> > (1) The following persons are trustees—\n> > \n> > > (a) the Premier,\n> > \n> > > (b) the Leader of the Opposition,\n> > \n> > > (c) the Lord Mayor of Sydney,\n> > \n> > > (d) the President of the Returned and Services League of Australia (New South Wales Branch),\n> > \n> > > (e) the Secretary of the Department of Education,\n> > \n> > > (f) the New South Wales Government Architect,\n> > \n> > > (g) the State Librarian,\n> > \n> > > (h) 1 person appointed by the Minister to represent the Australian Defence Force,\n> > \n> > > (i) 1 person appointed by the Minister to represent veterans,\n> > \n> > > (j) 1 person appointed by the Minister to represent the community.\n> \n> > (2) A person appointed by the Minister—\n> > \n> > > (a) must be appointed by written instrument, and\n> > \n> > > (b) is appointed for the period, not more than 3 years, specified in the instrument, and\n> > \n> > > (c) is eligible for re-appointment if the person satisfies the relevant requirements for appointment under sections 10–12.\n> \n> > (3) The Minister may revoke an appointment at any time.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Australian Defence Force representative","content":"#### 10 Australian Defence Force representative\n\n10 Australian Defence Force representative\n\n> > (1) The person appointed under section 9(1)(h) to represent the Australian Defence Force must—\n> > \n> > > (a) hold an eligible command, and\n> > \n> > > (b) be nominated by the Chief of the Australian Defence Force, and\n> > \n> > > (c) be appointed for a period of at least 2 years.\n> \n> > (2) The Minister must ensure appointments under section 9(1)(h) are made on rotation through each eligible command.\n> \n> > (3) If the person appointed under section 9(1)(h) ceases to hold an eligible command, the Minister must revoke the person’s appointment unless the Minister is satisfied the person holds a position in the Australian Defence Force of an equivalent or higher rank.\n> \n> > (4) In this section—\n> > \n> > eligible command means the following—\n> > \n> > > (a) Commander Forces Command, Australian Army,\n> > \n> > > (b) Commander Australian Fleet, Royal Australian Navy,\n> > \n> > > (c) Air Commander Australia, Royal Australian Air Force.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Veterans’ representative","content":"#### 11 Veterans’ representative\n\n11 Veterans’ representative\n\n> The person appointed under section 9(1)(i) to represent veterans must be nominated by the President of the Returned and Services League of Australia (New South Wales Branch).","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Community representative","content":"#### 12 Community representative\n\n12 Community representative\n\n> The person appointed under section 9(1)(j) to represent the community must, in the Minister’s opinion, have financial or business qualifications or experience that will assist The Trustees in exercising The Trustees’ functions.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Delegation of functions","content":"#### 13 Delegation of functions\n\n13 Delegation of functions\n\n> The Trustees may, by written instrument, delegate the exercise of a function of The Trustees under this Act, other than this power of delegation, to—\n> \n> > (a) a trustee, or\n> \n> > (b) a Public Service employee.","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Memorial area","content":"# Part 3 Memorial area\n\nPart 3 Memorial area","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Principal New South Wales war memorial","content":"#### 14 Principal New South Wales war memorial\n\n14 Principal New South Wales war memorial\n\n> The memorial building is the principal memorial in New South Wales to Australians who serve in wars and peacekeeping missions.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Application for approval to use memorial building","content":"#### 15 Application for approval to use memorial building\n\n15 Application for approval to use memorial building\n\n> > (1) A veterans’ organisation or kindred organisation may apply to The Trustees for approval to use part of the memorial building.\n> \n> > (2) The application must—\n> > \n> > > (a) be in writing, and\n> > \n> > > (b) state the purpose of the proposed use, and\n> > \n> > > (c) be accompanied by any other document or information required by The Trustees for the application.\n> \n> > (3) The Trustees may approve or refuse the application by giving written notice of the approval or refusal to the organisation.\n> \n> > (4) The Trustees may approve an application subject to any conditions The Trustees considers appropriate, including conditions relating to the following—\n> > \n> > > (a) the cleaning, maintenance or repair of the memorial building,\n> > \n> > > (b) the use of memorial building staff in connection with the use of the memorial building.\n> \n> > (5) If the organisation contravenes a condition of an approval, The Trustees may revoke the approval by giving written notice to the organisation.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Use of ceremonial area during commemorations","content":"#### 16 Use of ceremonial area during commemorations\n\n16 Use of ceremonial area during commemorations\n\n> > (1) The Trustees may use the ceremonial area for a special commemorative event.\n> \n> > (2) The Trustees may, with the written agreement of the Crown land manager of the ceremonial area, use the ceremonial area for other commemorations.\n> \n> > (3) In this section—\n> > \n> > ceremonial area means the land shown as “Anzac Memorial Ceremonial Area” on the Memorial Area Map.\n> > \n> > commemoration means a commemorative activity to recognise Australian Defence Force service and sacrifice in peace and war.\n> > \n> > commemorative activity includes a parade, ceremony or service.\n> > \n> > special commemorative event means a commemorative activity to recognise any of the following—\n> > \n> > > (a) Anzac Day,\n> > \n> > > (b) Remembrance Day,\n> > \n> > > (c) the annual Indigenous Veterans commemoration in Reconciliation Week,\n> > \n> > > (d) RSL and Schools Remember ANZAC commemoration.","sortOrder":18},{"sectionNumber":"Part 4","sectionType":"part","heading":"Offences","content":"# Part 4 Offences\n\nPart 4 Offences","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Damaging or defacing memorial area","content":"#### 17 Damaging or defacing memorial area\n\n17 Damaging or defacing memorial area\n\n> A person must not intentionally or recklessly damage or deface, or do something likely to damage or deface, the memorial area.\n> \n> Maximum penalty—40 penalty units.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Other prohibited activities in memorial area","content":"#### 18 Other prohibited activities in memorial area\n\n18 Other prohibited activities in memorial area\n\n> A person must not do any of the following in the memorial area—\n> \n> > (a) leave rubbish or litter, except in a bin provided for that purpose,\n> \n> > (b) use indecent, obscene, insulting or threatening language,\n> \n> > (c) behave in an offensive or indecent way,\n> \n> > (d) cause serious alarm or affront to a person by disorderly or unsafe conduct,\n> \n> > (e) obstruct another person, employed or engaged by or on behalf of The Trustees, in the performance of the person’s work or duties.\n> \n> Maximum penalty—20 penalty units.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Closure of memorial building","content":"#### 19 Closure of memorial building\n\n19 Closure of memorial building\n\n> > (1) The Trustees may close all or part of the memorial building by displaying a sign indicating the building, or part of the building, is closed.\n> > \n> > Example of sign—\n> > \n> > a sign specifying when the memorial building is open to the public\n> \n> > (2) A person must not enter or remain in the memorial building, or part of the building, if the building or part is closed, except with the written approval of The Trustees.\n> > \n> > Maximum penalty—20 penalty units.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Other prohibited activities in memorial building","content":"#### 20 Other prohibited activities in memorial building\n\n20 Other prohibited activities in memorial building\n\n> > (1) A person must not do any of the following in the memorial building—\n> > \n> > > (a) conduct or participate in an activity in a way that unduly interferes with the amenity of the building,\n> > \n> > > (b) cause a nuisance or inconvenience to other persons in the building,\n> > \n> > > (c) engage in political or religious propaganda,\n> > \n> > > (d) gamble or make a bet for money,\n> > \n> > > (e) ride on or use a bicycle, scooter, skateboard, roller skates or similar apparatus.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) A person must not—\n> > \n> > > (a) enter or remain in the memorial building while intoxicated, or\n> > \n> > > (b) sit or lie on the steps of the memorial building, or\n> > \n> > > (c) bring an animal into the memorial building unless—\n> > > \n> > > > (i) the person has a disability within the meaning of the [Disability Discrimination Act 1992](http://www.legislation.gov.au/) of the Commonwealth, and\n> > > \n> > > > (ii) the animal is an assistance animal within the meaning of that Act, section 9, or\n> > \n> > > (d) spit, urinate or defecate on the memorial building.\n> > \n> > Maximum penalty—20 penalty units.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Regulated activities in memorial building","content":"#### 21 Regulated activities in memorial building\n\n21 Regulated activities in memorial building\n\n> > (1) A person must not do any of the following in the memorial building except with the written approval of The Trustees—\n> > \n> > > (a) sell or hire, or attempt to sell or hire, goods or services,\n> > \n> > > (b) carry on a business,\n> > \n> > > (c) collect or attempt to collect money,\n> > \n> > > (d) display or distribute an advertisement, notice, poster or sign,\n> > \n> > > (e) conduct or cause to be conducted an amusement, entertainment, instruction or performance,\n> > \n> > > (f) possess or consume liquor,\n> > \n> > > (g) organise or participate in a public meeting, function, demonstration or other public activity,\n> > \n> > > (h) deliver an address or distribute a document to the public or to a section of the public, except for the purposes of a meeting of a veterans’ organisation or kindred organisation that has approval, under section 15, to use part of the building for the meeting,\n> > \n> > > (i) take a photograph or record a film for commercial purposes,\n> > \n> > > (j) operate a radio or another electronic device at a volume likely to cause nuisance or inconvenience to another person,\n> > \n> > > (k) play a musical instrument at a volume likely to cause nuisance or inconvenience to another person,\n> > \n> > > (l) use a loudspeaker or public address system, except for the purposes of a meeting of a veterans’ organisation or kindred organisation that has approval, under section 15, to use part of the building for the meeting.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) The Trustees may give an approval subject to conditions.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Publishing representations relating to memorial building without approval","content":"#### 22 Publishing representations relating to memorial building without approval\n\n22 Publishing representations relating to memorial building without approval\n\n> > (1) A person must not create, sell or use a representation relating to the memorial building for commercial purposes.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) This section does not apply to—\n> > \n> > > (a) anything done with the written approval of The Trustees, or\n> > \n> > > (b) a commercial news article or broadcast.","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Direction to leave memorial area","content":"#### 23 Direction to leave memorial area\n\n23 Direction to leave memorial area\n\n> > (1) An authorised officer may give a direction to a person to leave the memorial area if, in the authorised officer’s opinion, the person is committing an offence under this Act.\n> \n> > (2) The person who is given the direction must comply with the direction.\n> > \n> > Maximum penalty—40 penalty units.\n> \n> > (3) An authorised officer may remove the person from the memorial area if the person fails to comply with the direction.\n> \n> > (4) In this section—\n> > \n> > authorised officer means—\n> > \n> > > (a) a Public Service employee authorised in writing by The Trustees to give directions under this section, or\n> > \n> > > (b) a police officer, or\n> > \n> > > (c) a person who—\n> > > \n> > > > (i) is the holder of a licence under the [Security Industry Act 1997](/view/html/inforce/current/act-1997-157), and\n> > > \n> > > > (ii) has been engaged by the The Trustees to provide security services in relation to the memorial area, or\n> > \n> > > (d) a person authorised in writing by either of the following to give directions under this section—\n> > > \n> > > > (i) the Minister administering the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058),\n> > > \n> > > > (ii) the Crown land manager of the memorial area.","sortOrder":26},{"sectionNumber":"Part 5","sectionType":"part","heading":"Proceedings in relation to offences","content":"# Part 5 Proceedings in relation to offences\n\nPart 5 Proceedings in relation to offences","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Definition","content":"#### 24 Definition\n\n24 Definition\n\n> In this part—\n> \n> relevant offence means an offence under this Act resulting in damage to, or defacement of, the memorial area.","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Proceedings for offences","content":"#### 25 Proceedings for offences\n\n25 Proceedings for offences\n\n> Proceedings for an offence under this Act may be dealt with summarily before the Local Court.","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Alternative to fine","content":"#### 26 Alternative to fine\n\n26 Alternative to fine\n\n> Instead of imposing a fine on a person for a relevant offence, a court may—\n> \n> > (a) if the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056) applies to the person—make an order under that Act, section 5(1) requiring the person to perform community service work, or\n> \n> > (b) otherwise—make a community correction order under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092), section 8 that is subject to a community service work condition.\n> > \n> > Note—\n> > \n> > Under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092), section 88, a court that makes a community correction order must impose the standard conditions of a community correction order on the order.","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Compensation for damage or defacement","content":"#### 27 Compensation for damage or defacement\n\n27 Compensation for damage or defacement\n\n> > (1) A court may order a person to pay an amount to repair damage to, or defacement of, the memorial area resulting from the commission of a relevant offence if the court—\n> > \n> > > (a) convicts the person of the offence, or\n> > \n> > > (b) makes an order under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092), section 10 in relation to the commission of the offence by the person.\n> \n> > (2) The amount must not be more than $4,400.\n> \n> > (3) A court may make the order as an alternative, or in addition, to another penalty imposed for the offence.\n> \n> > (4) For the purposes of the [Fines Act 1996](/view/html/inforce/current/act-1996-099), the amount payable is taken to be a fine.","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Relationship with other legislation","content":"#### 28 Relationship with other legislation\n\n28 Relationship with other legislation\n\n> A person cannot be convicted of an offence under this Act and an offence under other legislation in relation to the same act or omission.","sortOrder":32},{"sectionNumber":"Part 6","sectionType":"part","heading":"Anzac Memorial Gift Fund","content":"# Part 6 Anzac Memorial Gift Fund\n\nPart 6 Anzac Memorial Gift Fund","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Definitions","content":"#### 29 Definitions\n\n29 Definitions\n\n> In this part—\n> \n> accountable gifts means gifts of property or money, or contributions, referred to in the [Income Tax Assessment Act 1997](http://www.legislation.gov.au/) of the Commonwealth, section 30-130(1)(a)–(c).\n> \n> deductible gift recipient has the same meaning as in the [Income Tax Assessment Act 1997](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> endorsement means endorsement under the [Income Tax Assessment Act 1997](http://www.legislation.gov.au/) of the Commonwealth, subdivision 30-BA.\n> \n> gift fund has the same meaning as in the [Income Tax Assessment Act 1997](http://www.legislation.gov.au/) of the Commonwealth, section 30-130(1).","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Anzac Memorial Gift Fund","content":"#### 30 Anzac Memorial Gift Fund\n\n30 Anzac Memorial Gift Fund\n\n> The Trustees must maintain a gift fund, known as the Anzac Memorial Gift Fund, for The Trustees’ principal purposes under section 7.","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Functions of The Trustees relating to Anzac Memorial Gift Fund","content":"#### 31 Functions of The Trustees relating to Anzac Memorial Gift Fund\n\n31 Functions of The Trustees relating to Anzac Memorial Gift Fund\n\n> The Trustees must do the following—\n> \n> > (a) issue receipts for accountable gifts made to the Anzac Memorial Gift Fund,\n> \n> > (b) hold all, and only, accountable gifts in the Anzac Memorial Gift Fund,\n> \n> > (c) use accountable gifts made to the Anzac Memorial Gift Fund only for the The Trustees’ principal purposes under section 7,\n> \n> > (d) keep records of all transactions relevant to The Trustees’ endorsement as a deductible gift recipient for operating a public museum.","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Transfer of accountable gifts","content":"#### 32 Transfer of accountable gifts\n\n32 Transfer of accountable gifts\n\n> > (1) This section applies if either of the following occurs—\n> > \n> > > (a) the winding up of The Trustees,\n> > \n> > > (b) the revocation of The Trustees’ endorsement as a deductible gift recipient.\n> \n> > (2) The Trustees must transfer all accountable gifts held in the Anzac Memorial Gift Fund to 1 of the following with principal purposes similar to The Trustees’ principal purposes under section 7—\n> > \n> > > (a) a deductible gift recipient,\n> > \n> > > (b) a fund, authority or institution operated by a deductible gift recipient.","sortOrder":37},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Personal liability","content":"#### 33 Personal liability\n\n33 Personal liability\n\n> > (1) A protected person is not personally subject to liability for anything done—\n> > \n> > > (a) in good faith, and\n> > \n> > > (b) for the purpose of exercising a function under this Act.\n> \n> > (2) The liability instead attaches to the Crown.\n> \n> > (3) In this section—\n> > \n> > done includes omitted to be done.\n> > \n> > liability means civil liability and includes action, claim or demand.\n> > \n> > protected person means the following—\n> > \n> > > (a) a trustee,\n> > \n> > > (b) a Public Service employee to whom a function of The Trustees under this Act is delegated.","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":null,"content":"#### 34\n\n34 (Repealed)","sortOrder":40},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"The Board of The Trustees","content":"# Schedule 1 The Board of The Trustees\n\nSchedule 1 The Board of The Trustees\n\nsection 8(4)","sortOrder":42},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 2 Savings and transitional provisions\n\nSchedule 2 Savings and transitional provisions","sortOrder":54},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 3 Dictionary\n\nSchedule 3 Dictionary\n\nsection 3\n\naccountable gifts, for Part 6—see section 29.\n\nAnzac Memorial Gift Fund means the gift fund maintained under section 30.\n\nBoard—see section 8(1).\n\ncreate a representation means make, print, provide or publish the representation.\n\nCrown land manager has the same meaning as in the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).\n\ndeductible gift recipient, for Part 6—see section 29.\n\nendorsement, for Part 6—see section 29.\n\nexercise a function includes perform a duty.\n\nfunction includes a power, authority or duty.\n\ngift fund, for Part 6—see section 29.\n\nmemorial area means the land, and any improvements on the land, shown as follows on the Memorial Area Map—\n\n> (a) “Ground level extent of memorial area”,\n\n> (b) “Memorial building”,\n\n> (c) “Underground storeys of memorial building”,\n\n> (d) “Anzac Memorial Ceremonial Area”.\n\nMemorial Area Map means the Memorial Area Map published in the Gazette on 10 September 2025.\n\nmemorial building means the building, on Lot 1915, DP 906666 and Lot 1, DP 1246361, shown as follows on the Memorial Area Map—\n\n> (a) “Memorial building”,\n\n> (b) “Underground storeys of memorial building”.\n\nPublic Service employee has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n\nrelevant offence, for Part 5—see section 24.\n\nrepresentation includes a document or replica.\n\nthe 1923 Act, for Schedule 2, Part 2—see Schedule 2, section 2.\n\nthe By-laws, for Schedule 2, Part 2—see Schedule 2, section 2.\n\nThe Trustees—see section 5(1).\n\ntrustee means a person specified in section 9.","sortOrder":63},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":null,"content":"# Schedule 4\n\nSchedule 4 (Repealed)\n\n**sch 4:** Rep 1987 No 15, sec 30C.","sortOrder":64}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing governance arrangements for the Anzac Memorial. While it replaces century-old legislation and modernises the framework (including adding tax-deductible gift fund provisions and detailed conduct rules), it does not expand beyond memorial management, commemoration, and museum operations. The scope is consistent with the original 1923 Act's intent, merely updated for contemporary administrative and legal standards."},"complexity_factors":["Moderate length (approximately 34 sections plus 4 schedules) but highly structured with clear part divisions","Cross-references to 8 other Acts (Interpretation Act 1987, Income Tax Assessment Act 1997, Crown Land Management Act 2016, Security Industry Act 1997, Children (Community Service Orders) Act 1987, Crimes (Sentencing Procedure) Act 1999, Fines Act 1996, Government Sector Employment Act 2013, Disability Discrimination Act 1992, RSL NSW Act 2018)","17 defined terms in Schedule 3 dictionary, with additional Part-specific definitions in sections 10(4), 16(3), 23(4), 24, and 29","Nested conditions in offence provisions (e.g., section 20(2)(c) with dual requirements for disability and assistance animal status)","Detailed appointment requirements with eligibility criteria, term limits, and rotation obligations (sections 9-12)","Savings and transitional provisions ensuring continuity with predecessor legislation (Schedule 2)","Standard corporate governance provisions (quorum, voting, proxies, common seal) in Schedule 1"],"plain_english_summary":"**What this law does:**\n\nThis Act establishes a new legal framework for managing the Anzac Memorial in Sydney's Hyde Park. It replaces the old 1923 legislation with modern governance arrangements while preserving the memorial's status as NSW's principal war memorial.\n\n**Who it affects:**\n\n* **The Trustees** – a body corporate (a legal entity that can own property and sue/be sued) now established as a NSW Government agency to manage the memorial\n* **Veterans' organisations** – can apply to use parts of the memorial building for meetings and events\n* **Visitors** – anyone entering the memorial area or building must follow new conduct rules\n* **The Board** – comprising 10 trustees including the Premier (as Chair), Opposition Leader, Lord Mayor of Sydney, RSL NSW President, senior public servants, and three appointed representatives (Defence, veterans, and community)\n\n**Key features:**\n\n* **Governance:** Creates The Trustees as a government agency with a board structure, clear functions (managing the museum, preserving the building, promoting military history), and specific principal purposes for tax-deductible gift status\n* **Conduct rules:** Prohibits damaging the memorial, offensive behaviour, political/religious propaganda, commercial activities without approval, and regulates alcohol, photography, and public gatherings\n* **Enforcement:** Authorised officers (including police and security guards) can direct people to leave; courts can impose fines up to 40 penalty units (roughly $4,400), community service orders, or compensation for damage\n* **Gift fund:** Maintains tax-deductible donation arrangements for supporting the memorial's museum and educational purposes\n* **Transition:** Seamlessly continues existing trustee appointments and the gift fund from the old legislation\n\n**Why it matters:**\n\nThe Act modernises the governance of one of Australia's most significant war memorials, ensuring it remains properly maintained, financially sustainable through donations, and protected from inappropriate use while remaining accessible for commemoration and education."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Impossible to assess whether the scope changed from original intent, as no substantive provisions, explanatory memoranda, or legislative content were included in the provided text. Only website metadata and navigation elements were captured."},"complexity_factors":["No substantive legislative content was provided — only website navigation and metadata were included in the text","Cannot assess true complexity without access to the Act's actual provisions, definitions, schedules, or operative clauses","Score of 1 reflects the absence of analysable content, not a judgment that the Act itself is simple"],"plain_english_summary":"The Anzac Memorial Act 2025 (NSW) is a New South Wales law concerning the Anzac Memorial (Act No. 76 of 2025). It commenced on 27 November 2025, is fully in force, and is published/certified by the NSW Parliamentary Counsel.\n\nThe text provided contained only website metadata and navigation, not the Act’s substantive provisions, so the specific rights, obligations, affected parties, administrative bodies, or enforcement mechanisms cannot be determined from the material supplied."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act replaces the 1923 statute but carries forward existing functions while modernising governance and enforcement. It preserves continuity of the corporate body (Schedule 2, ss 3–4) yet expands and formalises administrative structures (Board composition and procedures: ss 8–12, Schedule 1), codifies a DGR‑aligned gift fund and strict handling/use rules (Part 6, ss 29–32, 31), and adds an updated offence and enforcement regime with specified penalties and alternative sentences (Part 4 & 5, ss 17–27). These changes adjust administrative scope, decision‑making discretion and compliance burdens though the memorial purpose is retained."},"complexity_factors":["New corporate governance layered over historic entity: creates The Trustees as a body corporate and treats it as a continuation of the 1923 body (Schedule 2, ss 3–4).","Mixed membership board with ex‑officio and Minister‑appointed trustees, rotation requirement for ADF nominee and nomination requirements for veterans’ nominee (ss 8–12; Schedule 1).","Extensive Ministerial discretion over appointments and revocations (s 9(3)) alongside Board delegation powers (s 13) and operational delegation to Public Service employees (s 13).","Detailed procedural rules for Board meetings, quorums, proxies and out‑of‑meeting decisions (Schedule 1, cls 4–9) increasing administrative compliance.","Comprehensive regulatory regime for public conduct and regulated activities in the memorial area and building, with multiple approval pathways and conditions (ss 15, 16, 20–21).","Criminal enforcement architecture with specific offences, tiered penalties, power to direct or remove persons and summary proceedings in Local Court (ss 17–25, 23).","Alternative sentencing and civil compensation mechanics for damage offences, including community service/community correction orders and capped restitution (ss 26–27).","Intellectual‑property/commercial control: prohibition on creating/selling representations for commercial purposes unless approved (s 22), which affects businesses and publishers.","Gift fund conformity with Commonwealth DGR rules and tight custody/use/transfer rules for accountable gifts (Part 6, ss 29–32, 31(c)).","Personal liability and indemnity regime shifting civil liability for good‑faith acts to the Crown (s 33), which affects risk allocation for trustees and delegated employees."],"plain_english_summary":"This Act creates The Trustees of the Anzac Memorial Building as a NSW government agency to manage and preserve the memorial building and surrounding ceremonial area, to run a gift fund for deductible donations, and to set rules and penalties for public and commercial use. It affects trustees (including ex‑officio officeholders and Minister appointees), veterans’ groups, the Australian Defence Force nominee, donors and visitors — the Trustees and the Minister control approvals and conditions, and contraventions attract fines, removal directions or community service alternatives."}},"importantCases":[],"_links":{"self":"/api/acts/anzac-memorial-act-2025","history":"/api/acts/anzac-memorial-act-2025/history","analysis":"/api/acts/anzac-memorial-act-2025/analysis","conflicts":"/api/acts/anzac-memorial-act-2025/conflicts","importantCases":"/api/acts/anzac-memorial-act-2025/important-cases","documents":"/api/acts/anzac-memorial-act-2025/documents"}}