The statutory architecture rests on a handful of defined concepts and institutional constructs, each carrying operational consequences.

The Trustees and Board, sections 5-8 and Schedule 1: The Trustees is a body corporate (s 5) and a NSW Government agency, managed by a Board (s 8). The Board’s composition is a hybrid of ex officio office-holders and Ministerial appointees (s 9). The Premier is Chair and the President of RSL NSW Deputy Chair (Sch 1 cl 1). The Schedule sets meeting frequency, quorum (six trustees; Sch 1 cl 6), voting rules (simple majority; chair has a casting vote; Sch 1 cl 8), delegation, proxy, seal and minute rules (Sch 1 cls 2-11). The Act allows delegation of functions by written instrument to a trustee or a Public Service employee, but not the power of delegation itself (s 13). The Act disapplies certain Government Sector Employment Act provisions insofar as they would otherwise apply to persons in their capacity as trustees (Sch 1 cl 11(1)).

Memorial area and memorial building, Schedule 3 and ss 14, 15: The memorial area is the land and improvements shown on the Memorial Area Map published in the Gazette on 10 September 2025; it includes the ground-level extent, the memorial building and its underground storeys and the Anzac Memorial Ceremonial Area (Schedule 3). The memorial building is declared the principal New South Wales war memorial (s 14). The Trustees may approve or refuse use of parts of the building by veterans’ or kindred organisations, and may impose conditions (s 15).

Regulated and prohibited activities, Parts 3-4 (ss 15-23): The Act sets out behaviour prohibited in the memorial area (s 17 intentional or reckless damage; s 18 litter, abusive language, disorderly or obstructive conduct) and behaviour prohibited inside the building (s 20 nuisance, offensive conduct, political or religious propaganda, gambling, use of wheeled recreational devices, intoxication, sitting/lying on steps, and animal restrictions linked to federal disability law). A detailed list of activities requires written approval of The Trustees before they occur in the building (s 21), including commercial sale or hire, carrying on a business, collecting money, advertising, commercial photography/filming and public meetings or demonstrations. Section 22 restricts commercial creation, sale or use of representations relating to the memorial building, subject to an exception for news articles/broadcasts and written approvals.

Gift fund and tax interface, Part 6 (ss 29-32): The Trustees must maintain an Anzac Memorial Gift Fund for principal purposes set out in s 7 (which specifically cross-references the Commonwealth Income Tax Assessment Act 1997, s 30‑130, for the principal purposes rules). The Act defines accountable gifts and endorsable arrangements by reference to the Commonwealth law (s 29). The Trustees must issue receipts for accountable gifts, hold only accountable gifts in the fund and use them only for the principal purposes, and keep records necessary to support endorsement as a deductible gift recipient for operating a public museum (s 31). On winding up or revocation of endorsement, accountable gifts must be transferred to another DGR or fund with similar purposes (s 32).

Enforcement and court processes, Parts 4-5 (ss 17-28): Offences carry maximum penalties in penalty units (e.g. s 17 40 penalty units; ss 18-21 20 penalty units; s 22 10 penalty units). An authorised officer (including Public Service employees authorised by The Trustees, police, licensed security staff engaged by The Trustees, or persons authorised by the relevant Minister or Crown land manager) may direct a person to leave and may remove non-compliers (s 23). Proceedings for offences may be dealt with summarily in the Local Court (s 25). For relevant offences resulting in damage, courts may order community service as an alternative to fine (s 26), and may order compensation for repairs up to $4,400 (s 27). The Act prevents double convictions for the same act or omission under this and other legislation (s 28).

Liability protection: Section 33 provides that protected persons (trustees and delegated Public Service employees) are not personally liable for things done in good faith exercising functions under the Act; liability instead attaches to the Crown. This shifts civil exposure away from individual office-holders for acts or omissions done in good faith (s 33).

Definitions and mapped perimeter: The Act’s Schedule 3 definitions capture “representation” broadly as including documents and replicas and specify that “create a representation” includes make, print, provide or publish , language that directly connects to the commercial restrictions in s 22 and the Trustees’ own commercial powers in s 6(2)(b).

These concepts show a statutory design that centralises decision-making and commercial rights with The Trustees, links state-level governance with Commonwealth tax‑deductible gift rules, and creates an enforcement model that combines public officers, police and contracted security under defined authorisations.

The Act imposes duties and grants powers that affect identifiable groups; the principal actors and affected parties are the following.

Trustees and Board members: The Premier, Leader of the Opposition, Lord Mayor of Sydney, President of the Returned and Services League of Australia (New South Wales Branch), Secretary of the Department of Education, New South Wales Government Architect and State Librarian are statutory trustees (s 9(1)(a)-(g)). Three further trustees are Ministerial appointees to represent the Australian Defence Force, veterans and the community (s 9(1)(h)-(j)). The Premier is chairperson, and the RSL President deputy chair (Sch 1 cl 1). Those persons must attend Board meetings (Sch 1 cl 5), vote (Sch 1 cl 8) and fulfil the corporate governance duties set by the Act and Schedule 1. The Trustees will also be the issuer of approvals for regulated activities and the gatekeeper for representations and commercial use (ss 15, 21, 22).

Minister and executive: The Minister appoints three trustees (s 9(1)(h)-(j)) and may revoke appointments at any time (s 9(3)). The Minister also has functions in authorising persons to issue directions via the Crown land manager/Minister route in the authorised officer definition (s 23(4)(d)). The Ministerial appointment powers therefore create a direct role for the executive in board composition and revocation.

Veterans’ organisations and kindred organisations: These groups may apply to use parts of the memorial building (s 15). Their applications must be in writing, state purpose and supply supporting materials; approvals may be conditional (s 15(2)-(4)). Approved meeting uses by veterans’ groups receive specific carve-outs from some prohibitions (compare s 21(1)(h) and s 20(1)(c), s 21(1)(l)). Organisations that fail to comply with approval conditions risk revocation (s 15(5)).

Commercial operators: Photographers, film crews, tour operators, retailers and other businesses that would sell goods, provide services, collect money, display advertising, conduct entertainment or film commercially within the memorial building or memorial area are directly affected. Section 21 requires written approval from The Trustees to undertake those activities inside the building; s 22 prohibits creating, selling or using representations for commercial purposes unless The Trustees approve or activity is a commercial news article/broadcast (s 22(2)(b)). The Trustees also have an express power to create, sell and use representations themselves (s 6(2)(b)), entitling them to control or exploit those commercial opportunities.

Donors and the philanthropic community: The Trustees must maintain the Anzac Memorial Gift Fund and issue receipts for accountable gifts, hold only accountable gifts in the fund, and use funds only for declared principal purposes (s 30-31). Donors seeking deductible status will interact with The Trustees’ recordkeeping and endorsement requirements (s 31(d)). If The Trustees’ endorsement is revoked or they wind up, accountable gifts must be transferred to another DGR or similar fund (s 32).

Members of the public and commemorants: Everyday visitors are subject to behavioural rules in the memorial area and in the building (ss 17-20). Special commemorative events are expressly provided for and the Trustees may use the ceremonial area for special and other commemorations with Crown land manager consent (s 16). The Act therefore affects ordinary visitors, participants in commemorations and persons who want to exercise free‑speech rights in and around the memorial because the Act prohibits political or religious propaganda inside the building and requires approvals for public meetings and demonstrations (s 20(1)(c); s 21(1)(g)-(h)).

Security providers and police: Authorised officers include Public Service employees authorised in writing by The Trustees, police officers, and persons who are licensed under the Security Industry Act 1997 and engaged by The Trustees (s 23(4)(a)-(c)). That creates a deployable enforcement pool involving state police and private security firms contracted under licence, as well as delegated public employees.

Public servants and delegated employees: The Trustees may delegate functions to trustees or Public Service employees (s 13). Those Public Service employees will exercise statutory functions under delegation and, if acting in good faith, receive protection from personal liability (s 33).

Crown land manager and adjacent authorities: The Crown land manager for the ceremonial area has a written-agreement role for non-special commemorations (s 16(2)). The authorised-officer definition also contemplates authorisation by the Minister who administers the Crown Land Management Act 2016 or by the Crown land manager (s 23(4)(d)). That preserves an inter-agency link between The Trustees and the Crown land management framework.

In short, the Act affects a spectrum of public office-holders (statutory trustees and Minister), the RSL and veterans’ organisations, commercial operators and donors, visitors and commemorants, security providers and police, and the Crown land manager. The Act concentrates gatekeeper authority with The Trustees for approvals, commercial exploitation of representations and behavioural enforcement, while drawing in the Minister and Crown land manager at points of appointment and ceremonial-authority consent.

The Act confers core duties on The Trustees and prescribes rights and obligations for other parties. Below are the principal duties and rights with references to specific provisions.

Duties of The Trustees and the Board:

• Manage and control property vested in The Trustees to further the Act’s objects and, in particular, manage and preserve the memorial building (s 6(1)). This is the primary statutory duty.
• Remedy, manage and improve the war museum and promote understanding of Australia’s military history and heritage, including by community education (s 6(2)(a)-(c)). Section 7 further specifies the principal purposes for Commonwealth tax law purposes, i.e. management, preservation, museum promotion, and support of related programs (s 7).
• Maintain the Anzac Memorial Gift Fund and ensure accountable gifts are issued receipts, held only in the fund, used only for principal purposes and that records are maintained to support endorsement as a deductible gift recipient for operating a public museum (ss 30-31). These are statutory fiduciary/administrative duties tied to tax endorsement requirements.
• Decide approvals for use of parts of the memorial building by veterans’ or kindred organisations, including setting and enforcing conditions such as cleaning, maintenance and staff use (s 15(3)-(4)).
• Grant or refuse written approvals for commercial and regulated activities inside the building (s 21(1)-(2)) and to create, sell or use representations for commercial purposes (s 22(1)-(2)).

Rights and discretions of The Trustees:

• The Trustees may approve or refuse applications to use parts of the building and set conditions (s 15). Those approvals may be revoked if conditions are breached (s 15(5)).
• The Trustees may close all or part of the memorial building by displaying a sign and thereby prohibit entry absent written approval (s 19(1)-(2)). That creates temporal control over public access.
• The Trustees may delegate the exercise of their functions by written instrument to a trustee or Public Service employee, except the power of delegation itself (s 13).
• The Trustees may create, sell and use representations relating to the memorial area (s 6(2)(b)). Combined with s 22’s prohibitions on others, this gives The Trustees exclusive commercial control over merchandising and representations unless they authorise others.
• The Trustees may authorise Public Service employees in writing to give directions to leave under s 23 (s 23(4)(a)), and authorised officers include persons engaged by The Trustees under licence for security services (s 23(4)(c)).

Duties and restrictions on others:

• Veterans’ and kindred organisations must apply in writing and supply required information to use parts of the building and comply with conditions of approval; contravention can trigger revocation (s 15).
• Members of the public and visitors are subject to prohibitions: do not intentionally or recklessly damage or deface, do not litter except in provided bins, do not use obscene/insulting language, do not obstruct employees, and do not engage in activities that unduly interfere with the building’s amenity (ss 17-20).
• Persons must not engage in a long list of regulated activities in the memorial building without written approval from The Trustees, encompassing commercial sales, business operations, collection of money, advertising, commercial photography/filming, public meetings, and possession or consumption of liquor (s 21). The Act allows The Trustees to give approvals subject to conditions (s 21(2)).

Protections and indemnities:

• A protected person (trustee or a Public Service employee to whom a function is delegated) is not personally liable for anything done in good faith for the purpose of exercising a function under the Act; liability attaches to the Crown (s 33(1)-(2)). This is a statutory indemnity for good‑faith activity.

Enforcement powers and duties:

• Authorised officers have the power to direct persons to leave the memorial area where in their opinion an offence under the Act is being committed; persons must comply, and failure may lead to removal (s 23(1)-(3)). Authorised officers include public employees authorised by The Trustees, police, licensed security personnel engaged by The Trustees and persons authorised by the Crown land manager or the relevant Minister (s 23(4)).
• Courts handling offences under the Act may deal with matters summarily in the Local Court (s 25), impose community service orders as alternatives to fines for relevant offenders (s 26), and order compensation up to $4,400 to repair damage resulting from relevant offences (s 27).

Key rights of third parties:

• Veterans’ organisations, if approved, retain a limited right to use parts of the building for meetings; the Act expressly permits meetings of such organisations and protects certain uses in the context of approvals (s 15; s 21(1)(h), s 21(1)(l) exceptions).
• The Act recognises a news media exception to the representation prohibition (s 22(2)(b)), preserving the ability of commercial news articles or broadcasts to create/use representations for journalistic purposes.

Operational implications are clear: The Trustees have primary duty to manage and preserve, primary discretion to approve or refuse activity and exclusive commercial rights over representations unless they authorise others, while the public and commercial actors face a gatekeeping regime for many activities inside the building. The Act imposes administrative recordkeeping and fund‑management duties linked to Commonwealth deductible gift rules and contains statutory protections for trustees and delegated employees in performing their functions.

The Act sets a tiered scheme of offences across the memorial area and the memorial building, prescribes enforcement tools for authorised officers and provides court sentencing options and compensation formulas. The statutory enforcement design blends administrative signs and closures, authorised officer directions, summary court processes and monetary/alternative sanctions.

Offences and maximum penalties:

• Damage or defacement: Section 17 makes it an offence to intentionally or recklessly damage or deface, or do something likely to damage or deface, the memorial area. The maximum penalty is 40 penalty units (s 17).
• Other prohibited activities in memorial area: Section 18 prohibits leaving rubbish except in provided bins, using indecent, obscene, insulting or threatening language, behaving offensively or indecently, causing serious alarm or affront by disorderly or unsafe conduct, and obstructing Trustees’ employees. Maximum penalty is 20 penalty units (s 18).
• Closure contravention: Section 19 makes it an offence to enter or remain in the memorial building, or a part of it, when that area is closed, except with The Trustees’ written approval; maximum penalty is 20 penalty units (s 19).
• Prohibited conduct in the memorial building: Section 20 lists nuisance, interference with amenity, causes of inconvenience, political or religious propaganda, gambling, riding wheeled devices, intoxication, sitting/lying on steps, bringing animals except assistance animals, spitting/urinating/defecating. Maximum penalty is 20 penalty units (s 20).
• Regulated activities without approval: Section 21 makes it an offence to undertake a long list of commercial and public activities inside the memorial building without written approval; maximum penalty is 20 penalty units (s 21). The Trustees may impose conditions on approvals (s 21(2)).
• Publishing representations without approval: Section 22 prohibits creation, sale or use of a representation relating to the memorial building for commercial purposes, with a maximum penalty of 10 penalty units, subject to exceptions for written Trustees’ approvals and commercial news articles/broadcasts (s 22).

Authorised officer powers:

• Direction to leave: Section 23 authorises an authorised officer to direct a person to leave the memorial area if, in the officer’s opinion, the person is committing an offence under the Act (s 23(1)). Non‑compliance breaches the Act, attracting a maximum penalty of 40 penalty units (s 23(2)). The authorised officer may remove the person if they fail to comply (s 23(3)).
• The definition of authorised officer in s 23(4) is broad: it includes Public Service employees authorised in writing by The Trustees, police officers, persons licensed under the Security Industry Act 1997 who are engaged by The Trustees, and persons authorised in writing by the relevant Minister or Crown land manager. That produces an enforcement pool that mixes public officers, police and contract security, each with powers to issue directions and remove persons.

Court processes and sentencing options:

• Summary jurisdiction: Proceedings for offences under the Act may be dealt with summarily in the Local Court (s 25). This provides for relatively swift and local adjudication rather than indictable processes.
• Alternative to fines: For a "relevant offence" (defined in s 24 as an offence under the Act resulting in damage to, or defacement of, the memorial area), s 26 allows the court to order community service instead of a fine (children subject to the Children (Community Service Orders) Act 1987 may be made to perform community service; others may receive a community correction order with a community service work condition under the Crimes (Sentencing Procedure) Act 1999).
• Compensation for damage: Section 27 permits a court to order a person convicted of a relevant offence (or subject to a sentencing order under the Crimes (Sentencing Procedure) Act 1999 s 10) to pay an amount to repair the damage or defacement, capped at $4,400. The court may make such an order as an alternative or in addition to another penalty. The amount payable is taken to be a fine for the purposes of the Fines Act 1996 (s 27(4)).

Interaction with other legislation:

• Double jeopardy protection: Section 28 provides that a person cannot be convicted under this Act and under other legislation in relation to the same act or omission. This prevents cumulative convictions for the same conduct across different statutory regimes.

Operational enforcement flow:

• The Trustees may close parts of the building by signage (s 19(1)); a person entering a closed area without written approval commits an offence (s 19(2)). That is an administrative control that converts into criminal liability for unauthorised entry.
• If an authorised officer forms the opinion an offence is being committed, they can direct a person to leave and remove them if necessary, subject to the statutory definitions of authorised officer (s 23). Police and licensed security engaged by The Trustees can act under that authority in practice. Failure to obey the direction attracts a penalty of up to 40 penalty units (s 23(2)).

Practical enforcement considerations:

• The Act provides statutory backing for a mixture of preventive (signage, closure, approvals) and reactive enforcement (directions, removal, prosecution).
• The involvement of licensed private security under the Security Industry Act 1997 as authorised officers (s 23(4)(c)) places operational enforcement in part on contracted providers, while police retain statutory status among authorised officers.
• Courts have limited monetary remedial power for repair (s 27), but a broad power to impose community service as an alternative (s 26) and to impose standard penalties in penalty units. The Act does not set out graduated enforcement protocols beyond these instruments.

Overall, enforcement combines administrative closure and approvals with criminal penalties for breach, and places a statutory onus on The Trustees and authorised officers to manage access and behaviour within the memorial area and building.

The Act deliberately cross-references several Commonwealth and State statutes; those references shape tax, discrimination, security, employment and land management interactions.

Income Tax Assessment Act 1997 (Commonwealth) and deductible gift treatment:

• Section 7 explicitly links The Trustees’ principal purposes to s 30‑130 of the Commonwealth Income Tax Assessment Act 1997, indicating the Act is structured to support endorsement as a deductible gift recipient (DGR) for operating a public museum. Part 6 (ss 29-32) defines accountable gifts, deductible gift recipient and endorsement by direct reference to that Commonwealth Act (s 29). Section 31 requires The Trustees to keep records relevant to their endorsement as a deductible gift recipient for operating a public museum. These cross-references create a legal and administrative requirement that The Trustees manage gift receipts and funds to satisfy Commonwealth DGR rules; this is an explicit statutory alignment rather than an indirect policy aim.

Disability Discrimination Act 1992 (Commonwealth):

• Section 20(2)(c) references the Commonwealth Disability Discrimination Act 1992 in defining who may bring animals into the memorial building: a person with a disability within the meaning of that Act and with an assistance animal as defined by that Act, s 9. That preserves federally protected access rights to some degree within the memorial building, subject to the Act’s other prohibitions.

Security Industry Act 1997 (NSW):

• Persons who are holders of a licence under the Security Industry Act 1997 and engaged by The Trustees to provide security services are included as authorised officers under s 23(4)(c). That places licensed security personnel, under their state licensing regime, into the enforcement architecture, and means the regime for private security licensing and conduct will apply to these actors when performing authorised-officer functions.

Crown Land Management Act 2016 (NSW):

• The Act defines "Crown land manager" as having the same meaning as in the Crown Land Management Act 2016 (Schedule 3). Section 16(2) requires the Trustees to obtain the written agreement of the Crown land manager of the ceremonial area before using the ceremonial area for "other commemorations" (i.e. commemorations beyond the special commemorative events listed in s 16(3)). The authorised-officer definition in s 23(4)(d) allows persons authorised in writing by the Minister administering the Crown Land Management Act 2016 or by the Crown land manager to give directions under s 23. This preserves a shared governance and consent role with the Crown land management framework.

Government Sector Employment Act 2013 (NSW):

• Schedule 1 cl 11(1) states that the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a person in the person’s capacity as a trustee. This creates a specific exclusion, allowing trustees who may also be public servants (e.g. Secretary of the Department of Education) to act as trustees without being subject to those employment provisions in their trustee capacity.

Crimes (Sentencing Procedure) Act 1999 and Children (Community Service Orders) Act 1987:

• Section 26 refers to these Acts to permit community service or a community correction order with a community service work condition as alternatives to fines for relevant offences. That imports the sentencing frameworks of those Acts into the remedy matrix for offences under this Act.

Fines Act 1996:

• Section 27(4) treats compensation ordered under s 27 as a fine for the purposes of the Fines Act 1996, thereby folding that compensation into the State’s fines administration regime.

Anzac Memorial (Building) Act 1923 (repealed) and Anzac Memorial (Building) By-laws 1937:

• Schedule 2 provides transitional and savings provisions consequent on repeal of the 1923 Act. It declares continuity of the body corporate and of the gift fund and carries over appointments until instrument expiry (Schedule 2 Part 2). This schedules the new Act as replacing the 1923 Act while maintaining continuity of legal status and prior arrangements.

Implications of cross-references:

• The direct link to Commonwealth DGR rules imposes a compliance architecture on The Trustees that is contingent on federal tax law; the Trustees must maintain fund integrity and records to protect endorsement (ss 7, 29-31). Revocation of endorsement triggers transfer rules for accountable gifts (s 32).
• The explicit inclusion of licensed security (Security Industry Act 1997), police and authorised public employees means enforcement may be operationalised through multiple legal frameworks, with potential complexities in command, liability and duties where private security enforces state‑created offences on behalf of The Trustees (s 23(4)(c)).
• The disability access exception references Commonwealth law to preserve assistive-animal access in limited circumstances, aligning memorial access with federal anti-discrimination standards (s 20(2)(c)).
• The Act carves out trustees from certain public service employment provisions (Sch 1 cl 11(1)), potentially simplifying multi‑role service by certain office-holders but creating a legal separation of trustee functions from employment law protections or restrictions.

Overall, the Act is intentionally cross‑referenced to align with specific external legal regimes. Practitioners must therefore consider compliance with not only this Act but the Commonwealth tax rules for DGRs, NSW security licensing and Crown land rules, and the imported sentencing frameworks when advising clients on donations, approvals, security contracts or enforcement actions.

The text of the Act as provided is self-contained on commencement and transitional matters. The Act includes a commencement provision and explicit transitional arrangements that address continuity with earlier instruments; beyond that the provided text contains limited explicit amendment history. The relevant statutory details within the Act are as follows.

Commencement:

• Section 2 states the Act commences on the date of assent. There is no staged commencement or delayed commencement for particular provisions in the text provided.

Repeal and continuity with earlier legislation:

• Schedule 2 Part 2 identifies the antecedent Anzac Memorial (Building) Act 1923 (the 1923 Act) and the Anzac Memorial (Building) By-laws 1937 (the By-laws). Schedule 2 makes savings and transitional provisions consequent upon repeal of the 1923 Act. Key transitional provisions include:
  • Continuity: Acts, matters or things that had effect under the 1923 Act immediately before its repeal continue to have effect under this Act (Schedule 2 cl 3).
  • Corporate continuation: The body corporate constituted under this Act (s 5(1)) is taken to be a continuation of the equivalent body corporate constituted under the 1923 Act (Schedule 2 cl 4).
  • Appointments continuity: Persons who were the Australian Defence Force representative, veterans’ representative or community representative under the 1923 Act are taken to be appointed under the corresponding new sections until the end of their appointment terms under their old instruments (Schedule 2 cl 5).
  • Gift fund continuity: The Anzac Memorial Gift Fund under this Act is taken to be the same fund as the gift fund referred to in the 1937 By‑laws (Schedule 2 cl 6).

Repeals within the Act:

• The Act text contains an internal note that section 34 and Schedule 4 have been repealed historically (s 34: "Repealed"; Schedule 4: "Rep 1987 No 15, sec 30C"), but no standing operative content in those items remains in the provided text. The presence of these repeals in the text indicates the Act’s drafting records previous repeals but contains no substantive operative changes in the current text.

Regulatory powers for savings/transitional provisions:

• Schedule 2 Part 1 (Regulations) authorises the Governor to make regulations containing savings or transitional provisions consequent on commencement of a provision of this Act or a provision amending it, subject to a two‑year limit (Schedule 2 Part 1 cl 1-3). These regulations may take effect before the commencement date so long as they do not affect rights in a way prejudicial to persons or impose liabilities for pre-publication acts (Schedule 2 Part 1 cl 4-5).

Practical consequences for amendment tracking:

• The Act’s transitional provisions are primarily concerned with legal continuity and administrative transfer from the 1923 framework. There are no later-instrument amendment entries within the provided text. Any future amendments would need to be checked against the Act’s commencement date and the Governor’s regulatory powers for transitional savings (Schedule 2 Part 1), but those powers are limited to two years after the commencement of the provision they address.

Because the provided text contains no further amendment table or legislative history notes beyond the transitional continuity with the 1923 Act and the internal repeals noted in s 34 and Schedule 4, practitioners must rely on parliamentary records, the Gazette and the NSW legislation website for a chronological amendment register in practice. The Act’s own architecture anticipates transition from prior law, and provides a limited regulatory power to smooth commencement transitions for up to two years (Schedule 2 Part 1).

The statutory text supplied does not include any case law or judicial decisions. The Act provides statutory mechanisms for proceedings and sentencing but does not reference any litigation records, judicial opinions or precedent decisions. The only provisions relating to court procedure or court powers are internal to the Act and are procedural rather than declaratory of judicial interpretation.

Relevant procedural provisions in the Act that will govern future litigation are:

• Proceedings for offences under the Act may be dealt with summarily in the Local Court (s 25). This establishes the Local Court as the initial forum for prosecuting offences under this Act rather than indictable state courts.
• For relevant offences involving damage or defacement, a court may order alternatives to fines (community service orders under children’s law or community correction orders with community service conditions) (s 26). These sentencing options will dictate the type of non‑monetary penalties judges may exercise.
• A court may order compensation for damage up to $4,400 when convicting of a relevant offence or making a sentencing order under the Crimes (Sentencing Procedure) Act 1999 s 10 (s 27). The Act also specifies the payment is treated as a fine for the Fines Act 1996 (s 27(4)).
• The Act provides that a person cannot be convicted under this Act and under other legislation for the same act or omission (s 28), which will be a statutory bar relevant to double‑charging arguments in prosecutions.

Because no litigation history appears in the text, the current legal landscape as created by the Act is untested in the courts according to the supplied material. Practitioners advising on enforcement, defence, or judicial review issues will need to monitor Local Court decisions and any appeals to develop case law on:

• the scope of offences such as “damage or defacement” and what constitutes recklessness or acts likely to damage (s 17);
• the limits of the Trustees’ discretion in approving or refusing applications under s 15 or approvals under s 21 and s 22;
• the lawful exercise of powers by authorised officers, particularly when private security is engaged as an authorised officer under s 23(4)(c);
• the extent of the prohibition on political or religious propaganda (s 20(1)(c)) and its interaction with implied constitutional or statutory protections for freedom of political communication (not referenced in the Act but relevant in broader legal practice);
• the obligations on The Trustees in recordkeeping and use of accountable gifts relative to Commonwealth tax law when seeking or maintaining endorsement (ss 7, 29-31).

Until such cases are developed and decided, the statutory language provides the operative rules for prosecutors, defendants and The Trustees. Practitioners should therefore expect initial litigation to focus on statutory construction and limits on administrative discretion, enforcement thresholds for authorised officers, scope of the representation prohibition, and the application of DGR recordkeeping duties in practice.

The Act contains several provisions that create practical traps and operational friction points; these are matters practitioners should flag because they produce tangible compliance, contractual and enforcement consequences.

1. Broad scope of “memorial area” and inclusion of underground storeys: Schedule 3 defines “memorial area” to include ground-level extent, the memorial building and its underground storeys and the Anzac Memorial Ceremonial Area, with the Memorial Area Map published in the Gazette on 10 September 2025 (Schedule 3). Commercial operators and event planners must note that subterranean spaces counted as memorial area fall within the approval and offence regimes (ss 21, 17), and adjacent activity in basement or underground areas is not outside the Act’s reach.

2. Exclusive control over representations: The Trustees have the explicit power to create, sell and use representations relating to the memorial area (s 6(2)(b)), and s 22(1) forbids any person creating, selling or using a representation for commercial purposes without written approval. “Representation” is defined to include documents and replicas, and “create a representation” includes make, print, provide or publish (Schedule 3). Commercial photographers, artists and souvenir retailers therefore cannot lawfully monetise images or replicas of the memorial without The Trustees’ written approval, except where activity is a commercial news article or broadcast (s 22(2)(b)). This centralises commercial exploitation rights and risks frustrating companies that previously relied on commercial image sales or merchandising. Practitioners should warn photographers and media producers that commercial shoots and commercial reproductions require written approval.

3. Dual restrictions on filming and representations: Section 21(1)(i) makes taking a photograph or recording a film for commercial purposes inside the memorial building an offence without approval, while s 22 prohibits creating or selling representations for commercial purposes more generally. These overlapping restrictions create two separate compliance triggers , one for recording inside the building and one for later commercial use , and require separate approvals in practice unless The Trustees’ conditions explicitly cover both.

4. Political and religious propaganda prohibition: Section 20(1)(c) bans engaging in political or religious propaganda inside the memorial building. The Act does not define “propaganda” beyond the term itself, and s 21 restricts public meetings and demonstrations subject to approvals. Entities seeking to hold political or religiously oriented commemorations, information stalls or speech events should obtain written approvals and expect discretionary refusals. Because the Act gives exemption for meetings of veterans’ organisations approved under s 15 (see s 21(1)(h) and s 21(1)(l)), non‑veteran groups face a higher compliance hurdle.

5. Ministerial appointment and revocation powers: The Minister may appoint and revoke the Ministerial appointees (s 9(1)(h)-(j), s 9(3)). The community representative is appointed only where, in the Minister’s opinion, they have financial or business qualifications that will assist The Trustees (s 12). The power to revoke at any time concentrates political control and could affect perceptions of independence, board stability and continuity of policy, particularly for appointees representing the ADF, veterans or community.

6. ADF representative nomination and rotation: The ADF representative must hold an eligible command and be nominated by the Chief of the Australian Defence Force (s 10(1)-(2)); the Minister must ensure appointments rotate through specified eligible commands. If an appointed ADF representative ceases to hold an eligible command, the Minister must revoke the appointment unless satisfied they hold an equivalent or higher position (s 10(3)). Operationally, this creates a rotation obligation and may cause turnover in that trustee seat, affecting Board continuity.

7. Delegated enforcement via private security: Authorised officers include licensed security staff engaged by The Trustees under the Security Industry Act 1997 (s 23(4)(c)). That reliance on private security introduces contract‑related risks: scope of authority, training, liability insurance, and alignment with police powers. Because authorised officers may direct people to leave and remove them (s 23(1)-(3)), security firms and The Trustees must ensure clear written authorisations and operational protocols.

8. Closure by signage creates administrative exposure: The Trustees may close all or part of the memorial building by displaying a sign (s 19(1)). Persons entering a closed area without written approval commit an offence (s 19(2)). The ‘signage closure’ mechanism is administratively simple but could raise practical questions about adequacy of signage, public notice and visitor comprehension. Errors in closing or in communicated opening hours could expose The Trustees to dispute or enforcement complaints.

9. Narrow monetary cap on court-ordered repair compensation: Section 27(2) caps court-ordered compensation for repairing damage at $4,400. Repair costs for significant damage could exceed that amount, leaving the State to bear residual costs in some circumstances. Conversely, the cap may mean that small-value penalties are the principal practical remedy rather than full restoration funded by offenders.

10. Recordkeeping obligations linked to Commonwealth endorsement: The Trustees must keep records of all transactions relevant to their endorsement as a deductible gift recipient for operating a public museum (s 31(d)). Failure to maintain or produce appropriate records risks revocation of endorsement, which triggers transfer obligations for accountable gifts (s 32). Administratively, The Trustees must maintain DGR-grade accounting and governance, which could be onerous if their existing systems are not aligned.

11. Interaction with Crown land management: Use of the ceremonial area for commemorations beyond the listed special events requires written agreement of the Crown land manager (s 16(2)). Event planners must therefore obtain consent from both The Trustees and the Crown land manager in some cases, adding a second consent step.

12. Prohibition on “sitting or lying on the steps” and other behavioural prescriptions: Some prohibitions, such as not sitting or lying on the steps (s 20(2)(b)), are behaviourally specific and may be enforced by authorised officers. These prescriptive rules can produce routine enforcement encounters with homeless or vulnerable persons; policies and training will be needed for humane compliance enforcement and alternative social-service referrals.

Practitioners should map these “gotchas” to operational practices: commercial contracts for shoots or retail must include written approvals or avoidance of the memorial building, security contracts must specify authorisation lines and indemnities, trustee appointments should consider tenure risk, and gift‑fund management needs DGR-grade accounting. These statutory features create concentrated control and a compliance-heavy operating environment that requires administrative systems and clear delegation instruments.

Below are concrete compliance steps and organisational measures for prospective actors: The Trustees and Board, veterans’ organisations, commercial operators, donors, security providers, event organisers and general visitors. Each recommendation derives directly from statutory provisions.

For The Trustees and the Board (ss 5-8, 13, 30-33; Sch 1):

• Establish governance documents and minute practices consistent with Schedule 1: hold Board meetings at least quarterly (Sch 1 cl 5(1)), maintain a quorum of six trustees for meetings (Sch 1 cl 6), record written resolutions and circulate papers as permitted (Sch 1 cl 9). Ensure the Chairperson (Premier) and Deputy Chair (RSL President) arrangements are documented (Sch 1 cl 1).
• Adopt formal delegation instruments in writing for any functions delegated to trustees or Public Service employees (s 13). Keep a register of delegations and ensure delegations cannot inadvertently permit re-delegation of the power of delegation itself (s 13).
• Implement DGR-compliant accounting and recordkeeping procedures for the Anzac Memorial Gift Fund: issue receipts for accountable gifts (s 31(a)), segregate the fund (s 31(b)), and ensure all use of accountable gifts aligns strictly with the principal purposes in s 7 (s 31(c)). Maintain documentary evidence to support endorsement as a deductible gift recipient (s 31(d)).
• Develop a compliance manual for approvals under s 15 and s 21, including standard application forms, decision timeframes, and templates for approval conditions (e.g. cleaning, maintenance, staff use). Ensure the power to revoke approvals is exercised in accordance with recorded breach protocols (s 15(5)).
• Prepare signage and closure procedures for use under s 19: create templated signs specifying opening times and process for notifying the public and stakeholders when closures occur to reduce disputes (s 19(1-2)).
• Maintain public-facing guidance on permitted and prohibited conduct (ss 17-21) and clear complaint and appeals processes for refusals of approvals if The Trustees elect to provide them.

For veterans’ organisations and kindred organisations (s 15, s 21(1)(h),(l)):

• Submit approvals to The Trustees in writing, stating the purpose and providing any information requested (s 15(2)). Anticipate conditions relating to cleaning, maintenance and staff use and agree contractually to adhere to such conditions (s 15(4)).
• If planning a public meeting or using amplification, verify that the organisation has written approval under s 15 and confirm whether the s 21 exemptions for approved veterans’ meetings apply to planned activities (s 21(1)(h),(l)). Keep copies of approvals on-site for authorised officers.

For commercial operators, photographers and film crews (ss 21, 22; Schedule 3 definitions):

• Obtain written approval from The Trustees prior to any commercial photography, filming, sale of goods or services, collection of money, display of advertising, or commercial filming inside the memorial building (s 21(1)(a),(i),(c),(d)). For photographs intended for commercial sale or use, obtain authorisation under s 22 to avoid contravening s 22(1).
• Where operations are limited to news reporting, ensure the activity qualifies as a “commercial news article or broadcast” under s 22(2)(b) or obtain written approval to be safe. Retain written evidence of the Trustees’ authorisation on-site for inspection by authorised officers.
• Ensure contracts for shoots specify responsibility for cleaning, repair, insurance and compliance with Trustees’ conditions (s 15(4)(a)).

For donors and philanthropic entities (Part 6, ss 29-32):

• When making gifts intended to be deductible, ensure the donation qualifies as an accountable gift (s 29). Request and retain the receipt issued by The Trustees, and confirm The Trustees’ DGR endorsement status. Consider including conditions in donation agreements that are consistent with the Trustees’ principal purposes (s 31(c)).
• For gifts with conditions or specific uses, verify whether those conditions align with the principal purposes in s 7; The Trustees are obliged to use accountable gifts only for those principal purposes (s 31(c)).
• In the event of winding up or potential revocation of endorsement, include contingency clauses in gift documentation noting the statutory transfer of accountable gifts under s 32.

For security providers and contractors (s 23(4)(c)):

• Ensure licensing under the Security Industry Act 1997 is maintained and that any contract with The Trustees contains explicit written authorisation for security staff to act as authorised officers under s 23. Create operational protocols for issuing directions to leave and for physical removal that comply with the Act.
• Maintain insurance and indemnities commensurate with authorised-officer roles. Keep records demonstrating the written engagement by The Trustees and the scope of authorisation to be produced if challenged.

For event organisers and public commemorations (s 16):

• Check whether an event fits a “special commemorative event” (Anzac Day, Remembrance Day, annual Indigenous Veterans commemoration in Reconciliation Week, or RSL and Schools Remember ANZAC) listed in s 16(3). For other commemorations using the ceremonial area, obtain the written agreement of the Crown land manager in addition to The Trustees’ approval (s 16(2)).
• Submit applications well in advance and be prepared to comply with conditions imposed by The Trustees or the Crown land manager.

For general visitors and members of the public:

• Observe behavioural prohibitions in ss 17-20: do not damage or deface; avoid littering; refrain from offensive, indecent or disorderly conduct; do not obstruct staff; do not engage in political or religious propaganda in the building (s 20(1)(c)); and do not enter closed areas (s 19). Respect directions to leave by authorised officers (s 23).

Documentation and training:

• The Trustees should implement staff training on enforcement powers, dignity‑preserving handling of vulnerable persons, and distinguishing between permitted media activity and commercial filming for s 22 purposes. Keep records of staff authorisations and trustee delegations (s 13).
• Maintain publicly accessible guidance on approvals and processes, and provide explanatory templates for applications to use the building (s 15(2)).

Legal safeguards and dispute avoidance:

• Where there is ambiguity in approvals or conditions, incorporate dispute-resolution clauses and appeal or reconsideration pathways to reduce litigation. Where Ministerial appointments have been made, record appointment instruments in writing and note revocation terms (s 9(2)); for community and ADF representatives, keep nomination records from the RSL President or ADF Chief as required by ss 10-11.

Contingency planning:

• Prepare a contingency plan for loss of DGR endorsement: maintain up-to-date records as required by s 31(d), and identify recipient DGRs or institutions likely to receive accountable gifts under s 32 in case transfer becomes necessary.

By attending to these steps and aligning internal policies with the specific statutory provisions (citations above), The Trustees and other affected parties can operationalise compliance and reduce the risk of contraventions or enforcement actions under the Act.