{"id":"national-soldiers-memorial-act-1949","name":"National Soldiers Memorial Act 1949","slug":"national-soldiers-memorial-act-1949","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106049,"registerId":"sa-national-soldiers-memorial-act-1949-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Soldiers Memorial Act 1949","content":"South Australia\nNational Soldiers Memorial Act 1949\nAn Act to vest in the Corporation of the City of Adelaide the care, control, and management of the National Soldiers Memorial and for incidental purposes.\n\nContents\n1\tShort title\n2\tControl of National Soldiers Memorial\n3\tBy-laws\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the National Soldiers Memorial Act 1949.\n2—Control of National Soldiers Memorial\n\t(1)\tThe care, control, and management of the piece of land in the hundred of Adelaide, shown in the plan signed \"J. H. McNamara, Surveyor-General\", and deposited in the Land Office on the twenty-sixth day of August, 1934, and numbered No. 316, which said piece of land is therein marked \"Site for Soldiers' Memorial\" shall be vested in the Corporation of the City of Adelaide.\n\t(2)\tDespite the repeal of section 3 of the Government House Domain Dedication Act 1927, the land referred to in subsection (1) continues to be land dedicated for the purpose of being used as a site for a National Soldiers Memorial and for incidental purposes, and the land continues to be reserved for all time for those purposes and must not be used for any other purpose (and nothing in this Act is to be taken to affect or limit the dedication and reservation of that land).\n\t(3)\tNothing in this Act shall impose upon the Corporation of the City of Adelaide any obligation in respect of the maintenance, lighting or cleansing of any building on the said land.\n3—By-laws\n\t(1)\tThe Municipal Council of the City of Adelaide may make by-laws for all or any of the following purposes:\n\tI\tfor the protection and management of the said land and any buildings and other improvements thereon;\n\tII\tfor securing orderly and decent behaviour on the part of persons upon the said land and otherwise for regulating the conduct of persons upon the said land;\n\tIII\tprescribing penalties recoverable summarily and not exceeding forty dollars for breach of any by-law.\n\t(2)\tAll by-laws made pursuant to this section shall be made in manner prescribed by the provisions of Division 1 of Part 39 of the Local Government Act 1934 and the said provisions shall apply in respect of every such by-law.\n\t(3)\tThe power given by this section shall be in addition to any other power to make by-laws which may be exercised by the Municipal Council of the City of Adelaide.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1949\n38\nNational Soldiers Memorial Act 1949\n24.11.1949\n24.11.1949\n2016\n3\nGovernment House Precinct Land Dedication Act 2016\n3.3.2016\nSch 2 (cll 2 & 3)—24.3.2016 (Gazette 24.3.2016 p1026)\nProvisions amended since 3 February 1976\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPreamble\ndeleted by 3/2016 Sch 2 cl 2\n24.3.2016\ns 2\n\n\ns 2(2)\nsubstituted by 3/2016 Sch 2 cl 3\n24.3.2016\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Amendments (notably the 2016 substitution in s 2(2)) preserved and clarified the original core purpose — to keep the land dedicated as a site for a National Soldiers Memorial and to vest management in the City of Adelaide. The Act's scope remains focused on that single parcel and on local by‑law powers; it did not grow into a broader program or create new classes of obligations beyond management and by‑law authority. The 2016 change reinforced the permanence of the dedication despite repeal of an earlier enactment but did not materially expand the functions or beneficiaries beyond the original memorial‑site purpose."},"complexity_factors":["Very short Act: 3 substantive sections (s 1–3)","Single specific land parcel identified by historic plan (Plan No. 316, deposited 26 Aug 1934)","One cross‑reference to Local Government Act 1934 (Division 1 of Part 39) for by‑law procedure (s 3(2))","Amendment history includes a 2016 substitution clarifying continued dedication despite repeal of earlier Act (affects s 2(2))","No interpretation/definitions section and limited conditional logic","Simple, low‑value penalty regime (maximum $40) with summary recovery"],"plain_english_summary":"**What this law does (mechanics)\n\n- Vests care, control and management of a specific parcel of land (the official \"Site for Soldiers' Memorial\" shown on Plan No. 316, deposited 26 August 1934) in the Corporation of the City of Adelaide (the city council). (s 2(1))\n- Confirms that the land remains dedicated and reserved \"for all time\" to be used as a site for a National Soldiers Memorial and for incidental purposes, and must not be used for any other purpose — this protection continues despite repeal of an earlier dedication Act. (s 2(2))\n- Clarifies that the City of Adelaide is not obliged by this Act to maintain, light or cleanse any building on the site. (s 2(3))\n- Gives the Municipal Council of the City of Adelaide power to make by‑laws to protect and manage the land and its improvements, to regulate conduct on the land (requiring orderly and decent behaviour), and to prescribe penalties (recoverable summarily) not exceeding forty dollars for by‑law breaches. (s 3(1))\n- Requires that any by‑laws under this Act be made using the procedure set out in Division 1 of Part 39 of the Local Government Act 1934. (s 3(2))\n- States the by‑law power here is additional to other by‑law powers the Council already has. (s 3(3))\n\nWho it affects\n\n- The Corporation of the City of Adelaide (the city council) — it gains legal authority (care, control and management) over the site and the power to make and enforce by‑laws there. (s 2(1); s 3)\n- Members of the public and any organisations or businesses that enter or propose to use the site — they must follow any lawful by‑laws the Council makes and are subject to penalties (up to $40) for breaches. (s 3(1)(II)–(III))\n- Owners or operators of buildings on the site — the Act does not impose an obligation on the Council to maintain, light or clean buildings, so any maintenance responsibility will depend on other laws or arrangements. (s 2(3))\n\nWhy it matters (purpose claims and practical effects)\n\n- The Act’s stated purpose is to ensure a permanent, legally protected site for a National Soldiers Memorial and to place responsibility for its care and management with the City of Adelaide. (s 2)\n\nTesting that purpose against costs, incentives and trade‑offs:\n\n- Protection vs. opportunity cost: by legally reserving the land \"for all time\" for memorial use (s 2(2)), the Act prevents alternative uses (including commercial development). The mechanism is a categorical land‑use restriction, so the opportunity cost is the foregone alternative uses and any revenue they might have generated.\n- Local control and discretion: placing management with the City of Adelaide (s 2(1)) centralises decisions about upkeep, access, permitted activities and commercial use of the site with the municipal authority. That gives the Council the authority to allow, restrict or licence private‑sector activity on the site (subject to other law), but also places operational choices (and any voluntary costs it accepts) on the Council.\n- Budget and maintenance allocation: the Act does not create an affirmative obligation on the Council to maintain buildings on the site (s 2(3)). That reduces the legal cost pressure on the Council but leaves practical maintenance to be dealt with by other arrangements (budget decisions, grants, private sponsorship, leases or separate contracts).\n- Enforcement and compliance burden: the Council may make by‑laws and impose modest fines (up to $40) (s 3(1)(III)). That provides a local enforcement mechanism but imposes small fines that may limit deterrence unless backed by other controls or licensing.\n- Regulatory layering and procedure: the requirement that by‑laws follow Division 1, Part 39 of the Local Government Act 1934 (s 3(2)) means by‑law making is subject to established local‑government processes (notice, adoption procedures), which shapes how quickly or tightly rules can be imposed.\n\nEffects on private enterprise and individual choice\n\n- Restricts land use: the site is legally constrained to memorial and incidental purposes (s 2(2)), limiting businesses from developing or using the site in ways incompatible with that dedication unless the Council authorises incidental uses.\n- Council discretion over permitted activity: because the Council manages the site and can make by‑laws (s 2(1); s 3), private parties seeking to operate on the site will need council approval where required by by‑law, lease or licence.\n- Limited direct fiscal obligations on the Council for building upkeep (s 2(3)) may make private funding (sponsorship, leases) more likely to be needed if buildings require maintenance.\n\nImplementation risks and administrative costs\n\n- Reliance on the Council to adopt and enforce by‑laws (s 3) means practical protection and management depends on local political decisions, budget choices and administrative capacity.\n- Small maximum penalties ($40) for by‑law breaches may limit enforcement effectiveness for serious misuse absent other sanctions or contractual controls.\n\nRelevant statutory references: sections 2–3 (and the by‑law procedure cross‑reference in s 3(2) to Division 1 of Part 39 of the Local Government Act 1934)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: transferring management of the National Soldiers Memorial to the City of Adelaide while preserving its dedication as a memorial site. The 2016 amendments were technical updates to reflect the repeal of the Government House Domain Dedication Act 1927 and removal of the preamble, without expanding the Act's substantive scope."},"complexity_factors":["Only 3 operative sections (plus short title provision)","No defined terms section","Single cross-reference to Local Government Act 1934 for by-law making procedures","Simple conditional logic limited to one 'despite' clause and one 'nothing in this Act' limitation","Straightforward purpose: vesting of control with statutory restrictions on land use"],"plain_english_summary":"This law transfers responsibility for looking after the National Soldiers Memorial in Adelaide to the City of Adelaide council.\n\n**What it does:**\n- **Hands over control**: The City of Adelaide council now manages the Soldiers Memorial site on North Terrace (the land is specifically identified by a 1934 survey plan).\n- **Protects the site's purpose**: The land must always remain a war memorial. Even though an earlier law was repealed, this Act ensures the site stays dedicated to memorial purposes forever and cannot be used for anything else.\n- **Limits council obligations**: The council doesn't have to pay for maintaining, lighting, or cleaning any buildings on the site.\n- **Allows local rules**: The council can make by-laws (local regulations) about how people behave on the site, how the land and buildings are protected, and can fine people up to $40 for breaking these rules.\n\n**Who it affects:**\n- The City of Adelaide council (which manages the site)\n- Visitors to the National Soldiers Memorial (who must follow the by-laws)\n\n**Why it matters:**\nThis law ensures Adelaide's main war memorial remains a protected, permanent place of remembrance, while giving the local council practical powers to manage it day-to-day without being stuck with building maintenance bills."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. No content was provided to indicate any drift from original intent."},"complexity_factors":["Legislation text was not retrievable — only a 'Page Not Found' error was provided, making substantive analysis impossible","Based on title and era alone, such Acts are typically short, narrow, and administratively straightforward","1949-era legislation of this type rarely contains complex regulatory frameworks or broad application"],"plain_english_summary":"Likely a narrow 1949 South Australian law creating and governing a soldiers’ memorial — establishing who oversees, maintains, funds or occupies the site and how it may be used or altered. \n\nIt mainly affects government agencies charged with managing the memorial, plus veterans’ groups and the public (for access and ceremonial use), and matters because it preserves commemoration and site administration."}},"importantCases":[],"_links":{"self":"/api/acts/national-soldiers-memorial-act-1949","history":"/api/acts/national-soldiers-memorial-act-1949/history","analysis":"/api/acts/national-soldiers-memorial-act-1949/analysis","conflicts":"/api/acts/national-soldiers-memorial-act-1949/conflicts","importantCases":"/api/acts/national-soldiers-memorial-act-1949/important-cases","documents":"/api/acts/national-soldiers-memorial-act-1949/documents"}}