{"id":"F2022L00464","name":"Australian Capital Territory National Land (National Memorials, Territory Divisions and Public Places) Ordinance 2022","slug":"australian-capital-territory-national-land-national-memorials-territory-divisions-and-public-places-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441315,"registerId":"F2022L00464-fast-fetch-1775956644800","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Capital Territory National Land (National Memorials, Territory Divisions and Public Places) Ordinance 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nAustralian Capital Territory National Land (National Memorials, Territory Divisions and Public Places) Ordinance 2022\n\nI, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance.\n\nDated 31 March 2022\n\nDavid Hurley\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nNola Marino\n\nAssistant Minister for Regional Development and Territories  Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development\n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Simplified outline of this Ordinance\n\n6 Definitions\n\nPart 2—National memorials, divisions of the Territory, public places and other matters\n\nDivision 1—Location and character of national memorials\n\n7 Application of this Division\n\n8 Minister to determine location or character of national memorial\n\n9 Proposals regarding location or character of national memorial\n\n10 Submissions regarding location or character of national memorial\n\nDivision 2—Naming of divisions of the Territory\n\n11 Minister to determine name of division of the Territory\n\nDivision 3—Naming of public places\n\n12 Minister to determine name of public place\n\nDivision 4—Objections to determinations\n\n13 Objections to determinations\n\n14 Consideration of objection\n\nDivision 5—Other matters\n\n15 Consideration of other matters\n\nPart 3—Canberra National Memorials Committee\n\nDivision 1—Continuation of Canberra National Memorials Committee\n\n16 Continuation of Canberra National Memorials Committee\n\nDivision 2—Membership of Committee\n\n17 Membership of Committee\n\n18 Appointment of person by Minister\n\n19 Appointment of Territory residents by Governor‑General\n\nDivision 3—Operation of Committee\n\n20 Meetings of the Committee\n\n21 Decisions without meetings\n\nPart 4—Miscellaneous\n\n22 Rules\n\nPart 5—Application, saving and transitional provisions\n\n23 Transitional—definitions\n\n24 Things done under the old law\n\n25 Application—appointments\n\nSchedule 1—Repeals\n\nNational Memorials Ordinance 1928\n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This Ordinance is the Australian Capital Territory National Land (National Memorials, Territory Divisions and Public Places) Ordinance 2022.\n\n2  Commencement\n\n (1) Each provision of this Ordinance specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Ordinance 1 April 2022. 1 April 2022\n\n\nNote: This table relates only to the provisions of this Ordinance as originally made. It will not be amended to deal with any later amendments of this Ordinance.\n\n (2) Any information in column 3 of the table is not part of this Ordinance. Information may be inserted in this column, or information in it may be edited, in any published version of this Ordinance.\n\n3  Authority\n\n  This Ordinance is made under the Seat of Government (Administration) Act 1910.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Ordinance has effect according to its terms.\n\n5  Simplified outline of this Ordinance\n\nNational Land is land within the Australian Capital Territory that the Commonwealth continues to manage following the establishment of self‑government in the Territory.\n\nThis Ordinance sets out the process for determining the location or character (or both) of national memorials proposed to be located on National Land. The Minister may determine the location or character (or both) of a national memorial after the Canberra National Memorials Committee has considered a proposal and made a recommendation. Any person or body can make a submission to the Minister or the Committee regarding the location or character (or both) of a national memorial.\n\nThis Ordinance provides for the Minister to determine:\n\n (a) the name of a division of the Territory, or a part of a division of the Territory, that is on National Land; and\n\n (b) the name of a public place, or that part of a public place, that is on National Land.\n\nA person or body can object to a determination made by the Minister. The Committee must consider an objection and make a recommendation to the Minister, who must consider whether or not to amend or repeal the determination.\n\nThe Committee may refer other matters to the Minister for consideration.\n\nThis Ordinance continues in existence the Canberra National Memorials Committee and provides for the appointment of persons to the Committee. The Ordinance also sets out how meetings of the Committee are to be held and how the Committee can make decisions without meetings.\n\n6  Definitions\n\n  In this Ordinance:\n\nCommittee means the Canberra National Memorials Committee continued in existence by section 16 of this Ordinance.\n\ndivision of the Territory means a division, in relation to land, within the meaning of the Districts Act 2002 (ACT) as in force at the commencement of this Ordinance.\n\nNational Land has the same meaning as in the Australian Capital Territory (Planning and Land Management) Act 1988.\n\nnational memorial means a commemorative work or monument that recalls an event, a person or an achievement, of national significance.\n\npublic place includes the following:\n\n (a) an avenue, road, street or place which the public are entitled to use;\n\n (b) any unleased lands belonging to the Commonwealth.\n\nrules means rules made under section 22.\n\nSecretary means the Secretary of the Department.\n\nPart 2—National memorials, divisions of the Territory, public places and other matters\n\nDivision 1—Location and character of national memorials\n\n7  Application of this Division\n\n  This Division applies in relation to a national memorial proposed to be located on National Land.\n\n8  Minister to determine location or character of national memorial\n\n (1) The Minister may, by notifiable instrument, determine the location or character (or both) of a national memorial.\n\n (2) Before making a determination under subsection (1), the Minister must consider any recommendation of the Committee in relation to the national memorial under section 9.\n\n (3) The Minister may, by notifiable instrument, amend or repeal a determination made under subsection (1).\n\n9  Proposals regarding location or character of national memorial\n\n (1) The Minister may give the Committee a proposal regarding the location or character (or both) of a national memorial.\n\nNote: The proposal may be included in a report given to the Committee under subsection 10(4).\n\n (2) The proposal may:\n\n (a) relate to a submission made or referred to the Minister under section 10; or\n\n (b) be made on the Minister’s own initiative.\n\n (3) The Committee must, within 3 months after receiving the proposal from the Minister, consider the proposal and recommend that the Minister:\n\n (a) determine the location or character (or both) of the national memorial in accordance with the proposal, subject to such alterations (if any) recommended by the Committee; or\n\n (b) not determine the location or character (or both) in accordance with the proposal; or\n\n (c) reconsider the proposal.\n\n (4) The Minister must, within 3 months after receiving the recommendation of the Committee:\n\n (a) consider the recommendation; and\n\n (b) if the Committee made a recommendation under paragraph (3)(c)—reconsider the proposal; and\n\n (c) notify the Committee of whether the Minister will take action in relation to the proposal and what the action will be.\n\nNote: The Minister may submit a revised proposal to the Committee under subsection (1).\n\n10  Submissions regarding location or character of national memorial\n\n (1) A person or body may make a submission to the Committee or the Minister regarding the location or character (or both) of a national memorial.\n\n (2) If the submission is made to the Committee, the Committee must refer the submission to the Minister within 28 days after receiving it.\n\n (3) The Committee may, on its own initiative, make a submission to the Minister regarding the location or character (or both) of a national memorial.\n\n (4) The Minister must, within 3 months after receiving the submission made or referred to the Minister under this section:\n\n (a) consider the submission; and\n\n (b) if the submission was made or referred by the Committee—prepare a report on the submission and give the report to the Committee.\n\nDivision 2—Naming of divisions of the Territory\n\n11  Minister to determine name of division of the Territory\n\n (1) The Minister may, by notifiable instrument, determine the name of a division of the Territory, or that part of a division of the Territory, that is on National Land.\n\n (2) In determining the name of the division of the Territory or the part of the division of the Territory, the Minister must have regard to the names of persons who have made notable contributions to the existence or advancement of Australia as a nation.\n\n (3) The Minister may, by notifiable instrument, amend or repeal a determination made under subsection (1).\n\nDivision 3—Naming of public places\n\n12  Minister to determine name of public place\n\n (1) The Minister may, by notifiable instrument, determine the name of a public place, or that part of a public place, that is on National Land.\n\n (2) In determining the name of the public place or the part of the public place, the Minister must have regard to the following:\n\n (a) the names of persons who have made notable contributions to the existence or advancement of Australia as a nation;\n\n (b) the names of Australian flora and fauna and things characteristic of Australia or Australians;\n\n (c) the words of Aboriginal and Torres Strait Islander languages.\n\nNote: Paragraph (a) includes persons famous in Australia in fields such as education, science, Indigenous affairs, politics and exploration.\n\n (3) Before having regard to the words of Aboriginal and Torres Strait Islander languages under paragraph (2)(c), the Minister must take reasonable steps to consult an appropriate cultural group.\n\n (4) The Minister may, by notifiable instrument, amend or repeal a determination made under subsection (1).\n\nDivision 4—Objections to determinations\n\n13  Objections to determinations\n\n (1) A person or body may, in writing, object to a determination made by the Minister under any of the following:\n\n (a) section 8 (location or character (or both) of a national memorial);\n\n (b) section 11 (name of a division of the Territory);\n\n (c) section 12 (name of a public place).\n\n (2) The objection must be lodged with the Minister within 21 days after the determination commences.\n\nNote: See subsection 12(1) of the Legislation Act 2003 for the commencement of notifiable instruments.\n\n (3) If an objection is made in accordance with this section, the Minister must refer the objection to the Committee within 28 days after the Minister receives the objection.\n\n14  Consideration of objection\n\n (1) The Committee must, within 3 months after receiving the objection referred by the Minister, consider the objection and recommend that the Minister:\n\n (a) repeal the determination; or\n\n (b) amend the determination as set out in the recommendation; or\n\n (c) neither amend nor repeal the determination.\n\n (2) The Minister must, within 3 months after receiving the recommendation of the Committee:\n\n (a) consider the recommendation; and\n\n (b) notify the Committee, and the person or body that made the objection, of whether the Minister will take action in relation to the determination and what the action will be.\n\nDivision 5—Other matters\n\n15  Consideration of other matters\n\n (1) The Committee may refer matters not otherwise mentioned in this Part to the Minister for consideration.\n\n (2) The Minister must:\n\n (a) consider the matter; and\n\n (b) prepare a report on the matter and give the report to the Committee.\n\nPart 3—Canberra National Memorials Committee\n\nDivision 1—Continuation of Canberra National Memorials Committee\n\n16  Continuation of Canberra National Memorials Committee\n\n  The Canberra National Memorials Committee established by the National Memorials Ordinance 1928 is continued in existence.\n\nNote: The National Memorials Ordinance 1928 was repealed when this Ordinance commenced.\n\nDivision 2—Membership of Committee\n\n17  Membership of Committee\n\nMembers of the Committee\n\n (1) The Committee consists of the following members:\n\n (a) the Prime Minister;\n\n (b) the Minister;\n\n (c) the Leader of the Government in the Senate;\n\n (d) the Leader of the Opposition in the Senate;\n\n (e) the Leader of the Opposition in the House of Representatives;\n\n (f) the Secretary;\n\n (g) one person appointed to the Committee under section 18;\n\n (h) no more than 2 persons appointed to the Committee under section 19.\n\n (2) The Prime Minister is the Chair of the Committee.\n\nActing appointments to the Committee\n\n (3) The Governor‑General may, by written instrument, appoint a person to act as a member of the Committee:\n\n (a) during a vacancy in the office of the member (whether or not an appointment has previously been made to the office); or\n\n (b) during any period, or during all periods, when the member:\n\n (i) is absent from duty or from Australia; or\n\n (ii) is, for any reason, unable to perform the duties of the office.\n\nNote: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\nMinister may authorise others to perform functions, etc as Committee member\n\n (4) To avoid doubt, section 34AAB of the Acts Interpretation Act 1901 applies in relation to the performance or exercise of the Minister’s functions, duties or powers as a member of the Committee.\n\n18  Appointment of person by Minister\n\n (1) The Minister must, by written instrument, appoint one of the following to be a member of the Committee:\n\n (a) an SES employee, or an acting SES employee;\n\n (b) a person who holds, or is acting in, a position that is equivalent to, or higher than, a position occupied by an SES employee;\n\n (c) a person who the Minister is satisfied has expertise relevant to the functions of the Committee.\n\nNote: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n (2) The person appointed may be:\n\n (a) a named person; or\n\n (b) any person from time to time holding, occupying or performing the duties of, a specified position or office.\n\n (3) A person appointed under this section holds office as a member of the Committee:\n\n (a) on a part‑time basis; and\n\n (b) for the period specified in the instrument of appointment, which must not exceed 3 years; and\n\n (c) on the terms and conditions (if any) in relation to matters not covered by this Ordinance that are determined by the Minister.\n\nNote: The person may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (4) A person appointed under this section is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.\n\n (5) A person appointed under this section is to be paid the allowances that are prescribed by the rules.\n\n (6) Subsections (4) and (5) have effect subject to the Remuneration Tribunal Act 1973.\n\n19  Appointment of Territory residents by Governor‑General\n\n (1) The Governor‑General may, by written instrument, appoint up to 2 persons, who ordinarily reside in the Territory, to be members of the Committee.\n\n (2) A person appointed under this section holds office as a member of the Committee:\n\n (a) on a part‑time basis; and\n\n (b) for the period specified in the instrument of appointment, which must not exceed 3 years; and\n\n (c) on the terms and conditions (if any) in relation to matters not covered by this Ordinance that are determined by the Governor‑General.\n\nNote: The person may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (3) A person appointed under this section is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.\n\n (4) A person appointed under this section is to be paid the allowances that are prescribed by the rules.\n\n (5) Subsections (3) and (4) have effect subject to the Remuneration Tribunal Act 1973.\n\n (6) If a person who is appointed to the Committee under this section ceases to ordinarily reside in the Territory from a time:\n\n (a) the person ceases to be a member of the Committee at that time; and\n\n (b) the Governor‑General must repeal the instrument appointing the person to be such a member.\n\nDivision 3—Operation of Committee\n\n20  Meetings of the Committee\n\nHolding meetings\n\n (1) The Committee:\n\n (a) must hold such meetings as are necessary for the efficient performance of its functions under this Ordinance; and\n\n (b) may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\nNote: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members of the Committee may participate in meetings.\n\n (2) A meeting of the Committee may be convened by the Minister or the Secretary.\n\nPresiding at meetings\n\n (3) The Chair of the Committee must preside at all meetings at which the Chair is present.\n\n (4) If the Chair of the Committee is not present at a meeting, the other members of the Committee present must appoint one of themselves to preside.\n\nQuorum\n\n (5) At a meeting of the Committee, a quorum is constituted by 3 members of the Committee.\n\nVoting at meetings\n\n (6) A question arising at a meeting of the Committee is to be determined by a majority of the votes of the members of the Committee present and voting.\n\n (7) The person presiding at a meeting of the Committee has a deliberative vote and, if the votes are equal, a casting vote.\n\nMinutes\n\n (8) The Committee must keep minutes of its meetings.\n\n21  Decisions without meetings\n\n (1) The Committee is taken to have made a decision at a meeting if:\n\n (a) without meeting, a majority of the members of the Committee entitled to vote on the proposed decision indicate agreement with the decision; and\n\n (b) that agreement is indicated in accordance with the method determined by the Committee under subsection (2); and\n\n (c) all the members of the Committee were informed of the proposed decision, or reasonable efforts were made to inform all the members of the Committee of the proposed decision.\n\n (2) Subsection (1) applies only if the Committee:\n\n (a) has determined that it may make decisions of that kind without meeting; and\n\n (b) has determined the method by which members of the Committee are to indicate agreement with proposed decisions.\n\n (3) For the purposes of paragraph (1)(a), a member of the Committee is not entitled to vote on a proposed decision if the member of the Committee would not have been entitled to vote on that proposal had the matter been considered at a meeting of the Committee.\n\n (4) The Committee must keep a record of decisions made in accordance with this section.\n\nPart 4—Miscellaneous\n\n \n\n22  Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n\n (a) required or permitted by this Ordinance to be prescribed by the rules; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Ordinance.\n\n (2) To avoid doubt, the rules may not do the following:\n\n (a) create an offence or civil penalty;\n\n (b) provide powers of:\n\n (i) arrest or detention; or\n\n (ii) entry, search or seizure;\n\n (c) impose a tax;\n\n (d) directly amend the text of this Ordinance.\n\nPart 5—Application, saving and transitional provisions\n\n \n\n23  Transitional—definitions\n\n  In this Part:\n\nold law means the National Memorials Ordinance 1928 as in force immediately before the transition time.\n\ntransition time means the time this Ordinance commences.\n\n24  Things done under the old law\n\n (1) Subject to this Part, if:\n\n (a) a thing was done for a particular purpose under the old law; and\n\n (b) the thing could be done for that purpose under this Ordinance;\n\nthe thing has effect for the purposes of this Ordinance as if it had been done for that purpose under this Ordinance.\n\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a determination or appointment being made.\n\n (3) Despite the repeal of the old law, the old law continues to apply after the transition time to:\n\n (a) a process started under the old law in relation to a national memorial, a division of the Territory or a public place, that was not completed before the transition time; and\n\n (b) a determination of the Committee, under subsection 8B(2) of the old law, that was in force immediately before the transition time.\n\n (4) Without limiting paragraph (3)(a), a reference in that paragraph to a process includes a reference to the referral or consideration of a communication, representation, recommendation, proposal or objection.\n\n25  Application—appointments\n\n  Subsections 18(3) to (6) and 19(2) to (5) of this Ordinance apply in relation to an appointment made after the transition time.\n\nSchedule 1—Repeals\n\n \n\nNational Memorials Ordinance 1928\n\n1  The whole of the Ordinance\n\nRepeal the Ordinance.\n","sortOrder":0}],"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This Ordinance principally modernises and recasts the long‑standing National Memorials Ordinance 1928. It continues the Canberra National Memorials Committee, preserves the core functions (advice on memorial location/character and place‑naming) and retains ministerial decision‑making authority, while setting out clearer procedural timeframes, membership and appointment mechanics, and explicit limits on subordinate rule‑making. It does not materially expand the subject‑matter beyond the original purpose of regulating memorials and names on Commonwealth‑managed National Land—rather it updates processes, codifies timelines, clarifies consultation for Indigenous names (section 12(3)), and replaces outdated forms and references (Schedule 1, section 16)."},"complexity_factors":["Relatively short ordinance: 25 substantive sections plus Schedule 1 (repeal)","Single interpretation section with around 7 defined terms (Committee, division of the Territory, National Land, national memorial, public place, rules, Secretary)","Multiple prescribed timeframes (21 days to object; 28 days to refer submissions; 3 months for Committee consideration; 3 months for Minister response) producing several interlocking deadlines (sections 9–10, 13–14)","Cross‑references to external Acts: Seat of Government (Administration) Act 1910 (section 3), Districts Act 2002 (definition), Australian Capital Territory (Planning and Land Management) Act 1988 (definition), Acts Interpretation Act 1901 (appointment/deputation rules), Remuneration Tribunal Act 1973 and Legislation Act 2003 (notifiable instrument commencement)","Discretionary but procedurally constrained powers: Minister has broad determinative powers but must consider Committee recommendations and observe notification rules (sections 8, 9, 14)","Appointment mechanics with conditional remuneration/allowances and terms (sections 18–19) and delegation/acting appointment rules","Rule‑making power with express limits (section 22) — increases implementation detail without creating substantive law complexity"],"plain_english_summary":"**What this Ordinance changes, mechanically**\n\n- It repeals the old 1928 National Memorials Ordinance and replaces it with a modern statutory framework for how the Commonwealth manages \"National Land\" in the Australian Capital Territory (ACT) when it comes to: national memorials, the naming of divisions (suburbs/districts) on National Land, and the naming of public places on National Land. (See Schedule 1 and section 16.)\n\n- The Minister (a Commonwealth minister responsible for Territories) has the formal power to make, amend or repeal decisions (by \"notifiable instrument\") about: the location or character of national memorials on National Land (section 8); the names of divisions or parts of divisions on National Land (section 11); and the names of public places or parts of public places on National Land (section 12).\n\n- The Canberra National Memorials Committee (the Committee) is continued and must consider proposals, submissions and objections and give recommendations to the Minister. The Minister must consider the Committee's recommendations before acting, but the Minister makes the final determination (sections 9, 10, 13, 14, 16–21).\n\n- Any person or body may make submissions to the Committee or Minister about proposed memorials (section 10) and may object in writing to a Ministerial determination within 21 days of its commencement (section 13). The Committee must consider referred objections and recommend whether to amend, repeal or leave the determination (section 14).\n\n- The Ordinance sets fixed timeframes for key steps: the Committee has 3 months to consider proposals or objections and make a recommendation (sections 9(3), 14(1)); the Minister has 3 months to respond to Committee recommendations and must notify what action will be taken (sections 9(4), 14(2)). Submissions referred by the Committee must be considered by the Minister within 3 months (section 10(4)).\n\n- The Ordinance prescribes Committee membership and appointment mechanics. The Committee includes several named office-holders (Prime Minister, the Minister, parliamentary leaders, Secretary) plus up to three appointed members (one appointed by the Minister, up to two Territory residents appointed by the Governor‑General). The Prime Minister chairs the Committee (section 17). Appointment terms for appointed members are part‑time and up to three years; remuneration is by Remuneration Tribunal (sections 18–19).\n\n- The Minister can make secondary rules (legislative instrument) for matters the Ordinance permits or requires to be prescribed, with express limits: rules cannot create offences, provide arrest/search powers, impose taxes, or directly amend the Ordinance (section 22).\n\n\n**Who this affects**\n\n- Commonwealth Ministers and departmental officials who manage National Land (they decide locations/character/names and run the administrative process).\n\n- The Canberra National Memorials Committee members and any appointed experts or Territory residents (they review proposals and objections and advise the Minister).\n\n- Proponents of memorials (e.g. ex‑service organisations, community groups, private donors) who seek to place commemorative works on National Land — they will make submissions, respond to Committee processes and await Ministerial determinations.\n\n- Residents, interest groups and the general public who want to comment on or object to naming decisions or memorial proposals; they have formal submission and objection routes (sections 10, 13–14).\n\n- Applicants and appointed Committee members receive remuneration/allowances prescribed by the Remuneration Tribunal and rules (sections 18–19).\n\n\n**Why it matters (official purpose and practical effects)**\n\n- Officially, the Ordinance modernises and codifies how national memorials and place‑names on Commonwealth‑managed land in the ACT are decided; it continues the long‑standing Committee and sets clear procedural steps (Simplified outline and Part 2). The replacement of the 1928 instrument is intended to preserve existing processes while updating language and mechanics (Schedule 1, section 16, Part 5).\n\n- Mechanically, it centralises the final decision‑making power with the Minister (sections 8, 11, 12). The Committee is deliberative and advisory: it must examine proposals, referrals and objections and recommend action within prescribed timeframes (sections 9, 10, 13–14). The Minister is required to consider the Committee's recommendations and notify outcomes within time limits but is not bound to follow them.\n\n\n**Implementation effects, incentives and trade‑offs**\n\n- Decision authority and discretion: The Minister has broad discretion to determine (and to amend or repeal) memorial locations/character and names by notifiable instrument (sections 8, 11, 12). The Committee advises but does not have a veto. That structure concentrates formal power in the executive Minister while creating a statutory advisory check (sections 9, 14).\n\n- Timeframes and administrative predictability: Fixed response windows (generally 3 months for Committee consideration and 3 months for Ministerial response) create predictable timelines for proponents and objectors. They also impose deadlines on government decision‑makers that could require resourcing to meet (sections 9(3)–(4), 10(4), 14(1)–(2)).\n\n- Participation and transparency: Any person or body can submit on proposals and can object to determinations within 21 days of commencement (sections 10, 13). This provides a formal channel for public input but relies on awareness of notices and the short objection period (section 13(2) — 21 days). The requirement that the Minister notify the Committee and objector of action (section 14(2)(b)) preserves some transparency after decisions.\n\n- Cultural consultation: If the Minister proposes to use words from Aboriginal and Torres Strait Islander languages in a public place name, the Minister must take \"reasonable steps to consult an appropriate cultural group\" (section 12(3)). That imposes a legal trigger for consultation when Indigenous names are proposed and creates a modest procedural duty.\n\n- Costs and who pays: Direct financial costs on the public purse include remuneration and allowances for appointed Committee members (sections 18(4)–(5), 19(3)–(4)), and administrative costs of processing proposals, submissions and objections. Private proponents bear the effort and cost of preparing proposals and engaging with consultation processes. There is no fee regime or taxing power in the Ordinance (section 22(2)(c) prohibits rules creating taxes).\n\n- Risk of concentrated benefits and discretion: Organisations or individuals who successfully obtain Ministerial determinations (e.g. naming or memorial placement) receive concentrated benefits (a memorial or name). Because final decisionmaking is ministerial and several political office‑holders are Committee members (Prime Minister, parliamentary leaders) (section 17), the statutory architecture creates a clear channel where political judgment can influence outcomes. The mechanism — ministerial determinations, advisory committee recommendations and short objection windows — can favour well‑organised proponents who engage early and can navigate government channels.\n\n- Administrative delegation and continuity: The Ordinance allows acting appointments, deputisation (Acts Interpretation Act cross‑reference), and decisions without meetings by written agreement (sections 17(3), 21). These provisions aim to keep the Committee functional but depend on administrative processes (rule‑making and notices) to operate smoothly.\n\n\n**Practical instructions implied by the Ordinance**\n\n- If you want to propose a national memorial or a public place name on National Land, prepare a submission you can lodge with either the Committee or the Minister (section 10). Expect formal referral and a statutory 3‑month review window and prepare to monitor for a Ministerial notifiable instrument and a 21‑day objection window after its commencement (sections 10, 9, 13).\n\n- If you are an interested cultural group and the Minister is considering Indigenous language names, be ready to be consulted (section 12(3)).\n\n\n**Key source provisions to check in practice**\n\n- Minister’s formal powers: sections 8, 11, 12.\n- Public participation and timeframes: sections 10, 13, 14.\n- Committee composition and appointments: sections 16–19.\n- Rulemaking limits and delegated powers: section 22.\n- Repeal/continuity of the 1928 law: Schedule 1, section 24.\n\n\n(End of analysis.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This Ordinance is a modernisation and consolidation of the National Memorials Ordinance 1928. While it adds new provisions regarding the naming of Territory divisions and public places (which were not explicitly covered in the 1928 law), and updates the Committee's administrative procedures, it remains tightly focused on its original purpose: managing national memorials and related place-naming on Commonwealth land in the ACT. The scope has not expanded beyond the core function of preserving the national character of Canberra's commemorative landscape."},"complexity_factors":["Moderate length (25 sections plus Schedule) but highly structured with clear divisions","8 defined terms in section 6, plus references to external definitions (e.g., 'National Land' from another Act)","Multiple cross-references to the Acts Interpretation Act 1901 (sections 33AA, 33AB, 33A, 33B, 34AAB) for standard administrative procedures","Conditional logic for Committee decision-making (majority voting, quorum requirements, casting votes)","Time-bound procedural requirements (21-day objection window, 28-day referral periods, 3-month consideration deadlines)","Transitional provisions ensuring continuity from the repealed 1928 Ordinance","Nested appointment provisions with multiple categories of Committee members (ex-officio, Minister-appointed, Governor-General-appointed) each with different terms and conditions"],"plain_english_summary":"This Ordinance governs where and how national memorials are placed in Canberra and how divisions and public places on Commonwealth‑controlled National Land are named. The Minister decides location and character after review and recommendation by the longstanding Canberra National Memorials Committee; members of the public can propose memorials and lodge 21‑day objections for committee review.\n\nIt affects memorial proposers, ACT residents, committee members and the responsible Minister, modernising and formalising a transparent process to protect Canberra’s national character."}},"importantCases":[],"_links":{"self":"/api/acts/australian-capital-territory-national-land-national-memorials-territory-divisions-and-public-places-","history":"/api/acts/australian-capital-territory-national-land-national-memorials-territory-divisions-and-public-places-/history","analysis":"/api/acts/australian-capital-territory-national-land-national-memorials-territory-divisions-and-public-places-/analysis","conflicts":"/api/acts/australian-capital-territory-national-land-national-memorials-territory-divisions-and-public-places-/conflicts","importantCases":"/api/acts/australian-capital-territory-national-land-national-memorials-territory-divisions-and-public-places-/important-cases","documents":"/api/acts/australian-capital-territory-national-land-national-memorials-territory-divisions-and-public-places-/documents"}}