Australian Capital Territory National Land (National Memorials, Territory Divisions and Public Places) Ordinance 2022

The Ordinance organises a limited decision architecture around a small set of core concepts: National Land, national memorials, determinations, submissions and objections, the Canberra National Memorials Committee, notifiable instruments and rules.

• National Land. The Ordinance adopts the statutory definition of National Land from the Australian Capital Territory (Planning and Land Management) Act 1988, by reference (s 6). The operative provisions apply only to memorials, divisions and public places on land that is National Land (for example see s 7).

• National memorial. The Ordinance defines national memorial as a commemorative work or monument that recalls an event, a person or an achievement, of national significance (s 6). The definition frames the scope of proposals to which the Division 1 process applies (s 7).

• Ministerial determinations and notifiable instruments. The Minister may determine location and/or character of a proposed national memorial by a notifiable instrument (s 8(1)), and may determine or amend the name of a division or public place by notifiable instrument (ss 11(1), 12(1), 11(3), 12(4)). Notifiable instruments are a particular form of subordinate instrument which, as the Ordinance notes, have their own rules on commencement and notification under the Legislation Act 2003 (note to s 13(2)).

• Proposals, recommendations and timeframes. The Minister can give the Committee a proposal in relation to location or character, whether based on a submission or on the Minister’s own initiative (s 9(1)-(2)). The Committee has a firm three month window to consider a Ministerial proposal and must recommend one of three courses: accept (possibly with alterations), reject, or ask the Minister to reconsider (s 9(3)). The Minister then has three months to consider the Committee’s recommendation, potentially submit a revised proposal and notify the Committee of intended action (s 9(4)).

• Submissions and referral duties. Any person or body may make a submission to the Committee or the Minister about location or character (s 10(1)). If given to the Committee, the Committee must refer the submission to the Minister within 28 days (s 10(2)). The Minister must consider submissions received and, where the submission came via the Committee, must prepare a report for the Committee within three months (s 10(4)).

• Objections and review process. A person or body may object in writing to a Ministerial determination under s 8, s 11 or s 12, but must lodge the objection within 21 days of the determination’s commencement (s 13(1)-(2)). The Minister must refer any valid objection to the Committee within 28 days (s 13(3)). The Committee then has three months to consider the objection and recommend repeal, amendment as recommended, or no change (s 14(1)). The Minister has three months to consider the Committee’s recommendation and to notify both the Committee and the objector of the Minister’s decision on action (s 14(2)).

• Committee design and powers. The Canberra National Memorials Committee continues in existence (s 16). Membership is a mix of political officeholders and appointed experts or Territory residents, including the Prime Minister as Chair, the Minister, parliamentary leaders and the Secretary (s 17(1)-(2)). Appointment rules for the Ministerial appointee and Governor‑General appointees specify part‑time service, maximum three year terms, and remuneration arrangements subject to the Remuneration Tribunal (s 18(3)-(6), s 19(2)-(5)).

• Procedural detail. Meetings must be held as necessary, may be convened by the Minister or the Secretary, and are subject to specified quorum rules (three members), voting rules (majority, with the presiding person having a casting vote), records and minutes (ss 20-21). The Committee may make certain decisions without meeting where it has authorised that method and a majority of members entitled to vote indicate agreement (s 21).

• Rules. The Minister may make rules by legislative instrument to prescribe matters required or convenient for carrying out the Ordinance, but rules may not create offences or civil penalties, provide arrest/search powers, impose a tax or directly amend the Ordinance text (s 22(1)-(2)).

These concepts combine to produce a two tier model. On the top tier, the Minister holds formal determinations by notifiable instrument (ss 8, 11, 12). On the tier beneath, the Committee performs an advisory, consultative and reporting function, with strict timeframes that trigger Ministerial duties to consider and respond (ss 9-10, 13-14). Public participation is formalised through submission and objection routes, but substantive decision power remains with the Minister.

The Ordinance creates obligations, rights and institutional roles that affect a limited set of groups and actors.

• The Minister and Ministerial office. The Minister gains statutory authority to make determinations on location and character of national memorials on National Land, and to determine names of divisions and public places on National Land, by notifiable instrument (s 8(1), s 11(1), s 12(1)). The Minister also holds duties to consider Committee recommendations and to notify the Committee of intended action within three months (s 9(4)), and to refer objections to the Committee (s 13(3)). Ministerial discretion is central, the Minister may amend or repeal earlier ministerial determinations (s 8(3), s 11(3), s 12(4)) and may give proposals to the Committee (s 9(1)).

• The Canberra National Memorials Committee. The Ordinance continues the Committee and prescribes its membership, powers, procedural rules and reporting duties (s 16, s 17, ss 20-21). The Committee must consider Ministerial proposals and objections within three months and make recommendations (ss 9(3), 14(1)). The Committee is required to refer submissions it receives to the Minister within 28 days (s 10(2)) and to prepare reports for the Minister where submissions come via the Committee (s 10(4)).

• Proponents and objectors. Any person or body may make submissions regarding location or character of a proposed national memorial to either the Committee or the Minister (s 10(1)). Any person or body may object in writing to Ministerial determinations under ss 8, 11 or 12, but must file objections within 21 days of the determination’s commencement (s 13(1)-(2)). An objector’s remedy is a statutory referral, not an appeal; the Committee considers the objection and recommends action to the Minister, who must respond within three months (s 14).

• Commonwealth public service. The Secretary (head of the Department) is a Committee member (s 17(1)(f)) and the Secretary or the Minister may convene Committee meetings (s 20(2)). The Secretary’s role places departmental resources, record keeping and administrative processes at the centre of implementing submissions, reports and referral duties (ss 10(4), 15(2)(b), 20(8), 21(4)).

• Appointees and Territory residents on the Committee. The Minister must appoint one person with relevant expertise or an appropriate SES-grade official (s 18). Up to two Territory residents may be appointed by the Governor‑General (s 19). Appointees serve part‑time for up to three years and are paid remuneration and allowances as determined by the Remuneration Tribunal or as prescribed by the rules (s 18(3)-(5), s 19(2)-(4)). If a Governor‑General appointee ceases to ordinarily reside in the Territory they automatically cease to be a member and the Governor‑General must repeal the appointment instrument (s 19(6)).

• Territory and local stakeholders. Because the Ordinance’s scope is National Land, Territory and local government interests will be affected where a proposed memorial, a division name or a public place name overlaps federal National Land parcels. The Ordinance gives the Commonwealth Minister decision authority in respect of those places on National Land (s 7).

• Third party consultees for Indigenous language names. Where the Minister proposes to have regard to words of Aboriginal and Torres Strait Islander languages in naming public places, the Minister must take reasonable steps to consult an appropriate cultural group beforehand (s 12(3)). That creates an obligation and a practical requirement to identify and consult suitable cultural representatives.

Costs fall unevenly. The substantive decision power rests with the Commonwealth Minister and the Committee, so proponents and objectors absorb most transaction costs of preparing submissions or objections and of engaging with Committee processes. The Department and Secretary incur administrative costs in convening meetings, preparing reports and maintaining records (s 20(8), s 10(4), s 9(4)(c)). Appointees receive remuneration per the Remuneration Tribunal or rules (ss 18(4), 19(3)). The Ordinance does not itself allocate funding for construction, maintenance or land management, so parties seeking funding or construction approvals will need to look to other instruments or processes outside this Ordinance.

The Ordinance creates a compact set of mandatory duties and procedural rights for Ministers, the Committee and the public. The legal rights primarily take the form of statutory participation and referral rights rather than substantive entitlement to a particular outcome.

Duties of the Minister

• Power to determine location or character of a national memorial on National Land by notifiable instrument, with power to amend or repeal such determinations (s 8(1), (3)). This is a substantive enabling power, not merely a consultative role.
• Duty to consider Committee recommendations provided under s 9 before making a determination under s 8(2), and duty to consider Committee recommendations on proposals and to notify the Committee of intended action within three months of receiving a recommendation (s 9(2)-(4)).
• Duty to consider submissions that are made or referred to the Minister and to prepare a report for the Committee if the submission was made or referred by the Committee within three months (s 10(4)).
• Duty to refer objections received under s 13 to the Committee within 28 days (s 13(3)).
• Duty to consider the Committee’s recommendation on objections within three months, and to notify the Committee and the objector of whether the Minister will take action and what it will be (s 14(2)).

Committee duties and procedural obligations

• Consideration duty: where the Minister gives a proposal, the Committee must consider it and within three months recommend acceptance with or without alterations, rejection, or reconsideration (s 9(3)).
• Referral duty: if the Committee receives a submission, it must refer it to the Minister within 28 days (s 10(2)).
• Objection consideration duty: where the Minister refers an objection, the Committee must consider it within three months and recommend repeal, amendment as proposed, or no change (s 14(1)).
• Reporting duty: the Committee must make reports to the Minister when the Minister’s proposal or Committee’s referral triggers s 9 or s 10(4).
• Procedural duties for meetings: keep minutes, ensure quorum, and apply voting rules (ss 20(5), 20(6)-(8)). The Committee must keep records of decisions made without meeting (s 21(4)).

Public rights and time windows

• Submission right: any person or body may make a submission to the Committee or the Minister regarding location or character of a national memorial (s 10(1)).
• Objection right: any person or body may object in writing to determinations made under ss 8, 11 or 12, but the objection must be lodged within 21 days after the determination commences (s 13(1)-(2)). The Legislative Act commencement rules apply to determine when a notifiable instrument commences, see the note to s 13(2).
• Statutory expectation of consideration: where an objection is referred to the Committee, the objector is entitled to have the Committee consider the objection within three months and to have the Minister inform them whether action will be taken (s 14).

Appointment and remuneration duties

• The Minister must appoint one person under s 18, and may authorise terms and conditions and reappointments within limits. Appointments are part time, for terms not exceeding three years (s 18(1)-(3)). The Remuneration Tribunal determines pay; rules prescribe allowances subject to the Remuneration Tribunal Act 1973 (s 18(4)-(6), s 19(3)-(5)).

Rulemaking constraints

• The Minister may make rules by legislative instrument for matters required or convenient to carry out the Ordinance (s 22(1)). However the rules are expressly barred from creating offences, authorising arrest or search powers, imposing taxes or directly amending the Ordinance text (s 22(2)).

Critical differences between rights and duties

• The Ordinance grants statutory rights to make submissions and objections and guarantees procedural consideration within fixed timeframes (ss 9-10, 13-14). However the rights do not amount to a legally enforceable right to a particular decision; the Minister retains final decision‑making power and the Committee only makes recommendations (s 8(2)). The statute therefore gives participatory rights and timetabled consideration but leaves substantive outcomes to Ministerial discretion.

Records, transparency and procedural formality

• The Committee must keep minutes of meetings and records of decisions made without meeting (s 20(8), s 21(4)). The Minister’s determinations must be made by notifiable instrument, which triggers the Legislation Act processes for notification and commencement (s 8(1); note to s 13(2)).

Transitional and saving duties

• Things done under the old law that could be done under the new Ordinance are expressly preserved and taken to have effect under the new Ordinance (s 24(1)-(2)). Processes started under the old law that were not complete at transition time continue to be governed by the old law (s 24(3)(a)), and certain Committee determinations under the old law are saved (s 24(3)(b)).

In sum, the Ordinance creates statutory duties that structure consultation and decision timetables, but the rights conferred on third parties are procedural participation rights and do not displace the Minister’s final decision authority. The principal legal lever held by the public and the Committee is the capacity to trigger mandatory consideration and reporting steps within the specified timeframes.

The Ordinance does not create criminal offences or civil penalties, nor does it provide explicit enforcement mechanisms or sanctions for non‑compliance with its procedures. The statute’s enforcement model is administrative rather than penal.

Rules limitation

• Section 22(2) explicitly prevents the rules made under the Ordinance from creating an offence or civil penalty, providing powers of arrest or detention, providing powers of entry, search or seizure, imposing a tax, or directly amending the Ordinance (s 22(2)(a)-(d)). That constraint narrows subordinate instrument remedies to administrative measures and procedural requirements rather than punitive enforcement.

Administrative remedy architecture

• The Ordinance establishes procedural obligations on the Minister and the Committee such as referral duties, consideration timeframes and reporting obligations (ss 9-10, 13-14). Remedies for failure to perform those duties are not specified in the Ordinance as statutory sanctions. If a Minister or Committee fails to observe the statutory timelines or duties, the immediate legal instruments available would generally be administrative law remedies distinct from this Ordinance, such as judicial review under general administrative law, provided the decision or omission is justiciable. The Ordinance itself does not set out appeal rights or penalties for breaches.

Instrument form and transparency

• Ministerial determinations are to be made by notifiable instrument (s 8(1), s 11(1), s 12(1)). Notifiable instruments are subject to the Legislation Act 2003 notification and registration framework, which provides an element of transparency and public availability. The Ordinance’s note references subsection 12(1) of the Legislation Act 2003 in relation to the commencement of notifiable instruments (note to s 13(2)), which is relevant for procedural timelines, but the Ordinance does not itself institute specific publication or gazettal modalities beyond the notifiable instrument requirement.

Practical enforcement implications

• Because the Ordinance creates obligations to refer and consider submissions and objections, failure by the Minister or Committee to follow the prescribed steps may attract administrative scrutiny. However the statute does not create express sanctions. The practical enforcement path for an aggrieved party is likely to involve administrative avenues such as requesting internal review, parliamentary scrutiny where ministers are political office holders, or seeking judicial review on grounds such as unlawful exercise of power, failure to comply with procedural fairness where applicable, or failure to exercise statutory duties. The Ordinance does not itself prescribe judicial review or internal merits review mechanisms.

Recordkeeping obligations

• The Committee must keep minutes and records of decisions made without meeting (ss 20(8), 21(4)). Those recordkeeping duties provide a factual basis for administrative review or parliamentary oversight, but they are not tied to a specific enforcement sanction in the Ordinance.

Limits on punitive measures via the rules

• The ban on rules creating offences or imposing taxes (s 22(2)(a), (c)) further confirms the Ordinance’s administrative enforcement model. The Minister’s subordinate rulemaking competence is limited to administrative norms and organisational detail.

Summary

• The Ordinance privileges administrative process and political accountability over statutory punishment. It establishes determinative powers and procedural duties, leaves substantive enforcement of those duties to general administrative law and political oversight, and prevents the imposition of bespoke criminal or civil penalties through subordinate rules (s 22(2)). Consequently, enforcement in practice will rely on transparency, recordkeeping, administrative law remedies and political accountability rather than statutory fines or criminal sanctions.

The Ordinance expressly interacts with several other statutory instruments by reference, and implicitly by leaving some domains to other legal frameworks.

References to other Commonwealth Acts

• Seat of Government (Administration) Act 1910. The Ordinance is made under the Seat of Government (Administration) Act 1910 (s 3). That foundational authority locates the Ordinance’s competence within Commonwealth administration of the Australian Capital Territory’s National Land.
• Australian Capital Territory (Planning and Land Management) Act 1988. The Ordinance defines National Land by reference to that Act, adopting its meaning for the scope of the Ordinance (s 6).
• Acts Interpretation Act 1901. The Ordinance’s notes and provisions cross‑refer to the Acts Interpretation Act 1901. For example, acting appointments rules and certain interpretive provisions are governed by ss 33AB, 33A and 34AAB of the Acts Interpretation Act 1901 as noted in s 17(3)-(4) and the attendant notes. Section 18 and 19 appointment terms invoke section 33AA for reappointment notes. These cross‑references incorporate established Commonwealth administrative law mechanisms for acting appointments and terms.
• Remuneration Tribunal Act 1973. The Ordinance ties remuneration of appointed committee members to determinations of the Remuneration Tribunal and makes the rules provision subject to the Remuneration Tribunal Act 1973 (s 18(4)-(6), s 19(3)-(5)).

Interaction with the Legislation Act 2003

• Notifiable instruments. The Ordinance requires that ministerial determinations be made by notifiable instrument (s 8(1), s 11(1), s 12(1)). The Ordinance’s notes direct readers to subsection 12(1) of the Legislation Act 2003 for the commencement of notifiable instruments (note to s 13(2)). Consequently the commencement date of ministerial determinations, which triggers the 21 day objection window under s 13(2), is governed by the Legislation Act’s notifiable instrument rules.

Complementary or residual legal domains

• Land management, planning approvals, construction and funding. The Ordinance concentrates on determinations of location, character and naming. It does not contain provisions authorising construction, providing funding, or managing leases and land transfers on National Land. Those matters remain subject to the separate statutory frameworks that govern planning, land management, funding and procurement. Practically, proponents will need to engage with the planning and land management instruments in the Australian Capital Territory (Planning and Land Management) Act 1988 and related planning instruments to secure approvals and access to land, and with Commonwealth procurement and funding processes to secure monies for construction or maintenance. The Ordinance does not itself create those powers.

Administrative law and judicial review

• The Ordinance gives the Minister and Committee statutory duties and decision roles, which in turn creates a public law context for potential judicial review of decisions or failures to act. The Ordinance itself does not carve out decisions from judicial scrutiny. Therefore, administrative law doctrines and remedies at general Commonwealth level remain available, subject to the justiciability of the decision and the legal nature of the interest affected.

Transitional continuity with former law

• The Ordinance repeals the National Memorials Ordinance 1928 (Schedule 1) but saves processes started under the old law and certain Committee determinations (s 24). This ensures continuity and limits legal uncertainty for matters already in progress at transition time.

Limitations on subordinate regulation

• The rules power in s 22 is a legislative instrument power, but the Ordinance expressly limits the kinds of powers that can be conferred in rules (s 22(2)). The rules cannot create offences, civil penalties, arrest/search powers, taxes, or amend the Ordinance, which restricts the degree to which procedural or enforcement detail can be pushed into subordinate regulation.

In short, the Ordinance operates alongside and depends upon other Commonwealth statutes for definition of National Land, appointment mechanics, remuneration and instrument commencement. It does not displace planning, land management, funding or broader administrative law frameworks, and its rules power is constrained to administrative detail.

The Ordinance itself is new as enacted and contains its own immediate amendment and repeal effect. The instrument provides a short, self‑contained amendment history in its Schedule and transitional provisions.

• Repeal of the 1928 instrument. The Ordinance repeals the National Memorials Ordinance 1928 in full, as set out in Schedule 1 (Schedule 1). That repeal is effected on commencement of the 2022 Ordinance, but the Ordinance continues the Canberra National Memorials Committee established by the 1928 law (s 16).

• Commencement. The whole of the Ordinance commenced on 1 April 2022 (s 2). The commencement table in s 2 confirms that the entire text (all provisions) came into force on that date.

• Transitional savings. Part 5 contains transitional provisions intended to preserve continuity. Defined terms include old law (the 1928 Ordinance) and transition time (the commencement time) (s 23). Section 24(1) treats things done under the old law for purposes that can be done under the new Ordinance as having effect under the new Ordinance. Section 24(3) preserves processes started under the old law that were not completed before the transition time, and saves Committee determinations in force immediately before the transition time (s 24(3)(a)-(b)). These savings limit the immediate practical effect of the repeal and avoid retroactive disruption.

• Appointments and transitional application. Section 25 applies the appointment terms and remuneration provisions in ss 18(3)-(6) and s 19(2)-(5) to appointments made after transition time. That means post‑commencement appointments are governed by the new three year maximum term, part‑time service, and the Remuneration Tribunal remuneration approach.

• Constraints on subordinate rulemaking. The Ordinance’s constraints on rules (s 22(2)) are a permanent limitation on how the Ordinance can be fleshed out in subordinate instruments, and therefore form part of the instrument’s amendment architecture: rules cannot be used to expand the Ordinance’s punitive reach or directly alter the text of the Ordinance.

• No amendments recorded in text beyond initial repeal. The text provided contains no subsequent amending provisions or schedules adding or altering the Ordinance since commencement. Any future amendments would require a further amending ordinance or Act.

• Continuity of Committee. Although the 1928 Ordinance is repealed, the Committee is continued (s 16). That continuation is an explicit transitional/structural choice rather than an amendment to committee functions. The continued Committee is given revised membership, appointment and operation provisions in Part 3, which likely differ in detail from the 1928 Act but the text itself is the sole source for present arrangements.

For practical purposes, then, the Ordinance’s amendment history consists of its 2022 enactment and the repeal of the 1928 instrument, a clear commencement date, and transitional provisions preserving incomplete processes. The Ordinance contains no recorded later amendments in the provided text.

The provided instrument does not contain any litigation history, judicial decisions or case citations. It reproduces no judicial interpretations, and names no cases. The instrument contains a note that references other Acts for procedural matters, such as the Legislation Act 2003 for notifiable instrument commencement (note to s 13(2)) and the Acts Interpretation Act 1901 for acting appointment provisions (note to s 17(3)-(4)), but it provides no history of judicial challenges or precedent.

Consequently, as of the text supplied, there is no litigation history embedded in the Ordinance and no case law recorded that interprets the provisions of this Ordinance. For practitioners seeking authoritative interpretation or precedent, that means relying on administrative law principles and any subsequent decisions applying this Ordinance that may appear in court or tribunal records after the commencement date. The Ordinance itself provides the statutory language that will govern such disputes, notably the timelines for consideration and response, the advisory role of the Committee, and the Minister’s power to make and amend notifiable instruments (Parts 2 and 3).

Where a party considers a failure to perform a statutory duty or a denial of procedural fairness, the likely legal avenue would be judicial review proceedings in the Federal Court or the Federal Circuit and Family Court system, subject to jurisdictional and standing rules. The Ordinance does not limit access to judicial review in its text, nor does it create special remedial procedures. Any litigation history will therefore develop under general Commonwealth administrative law frameworks rather than under a bespoke dispute resolution mechanism contained in the Ordinance.

The Ordinance is compact, but several practical pitfalls arise from its structure, timing rules and the allocation of substantive decision power. The following items identify specific operational and legal "gotchas" that practitioners and stakeholders should watch.

1. Short objection window tied to notifiable instrument commencement

• Objections to ministerial determinations must be lodged in writing within 21 days after the determination commences (s 13(2)). The Ordinance notes that the commencement of notifiable instruments is governed by subsection 12(1) of the Legislation Act 2003 (note to s 13(2)). If a practitioner or proponent misunderstands when the notifiable instrument is taken to commence, they may miss the 21 day window and forfeit the statutory objection route.

2. Minister retains final determinative power

• The Committee’s role is advisory. Even where the Committee recommends repeal or amendment, the Minister is the decision maker and may choose not to act (s 9(2)-(4), s 14(1)-(2)). The Committee’s statutory timescales guarantee consideration and reporting, not binding outcomes.

3. Tight timelines and possible administrative bottlenecks

• The Committee and Minister have multiple three month timeframes for recommendations and responses (s 9(3)-(4), s 10(4), s 14(1)-(2)). These fixed windows promote speed, but they also create pressure on administrative resources. If Committee membership is incomplete or key members are absent, quorum rules require only three members for a meeting (s 20(5)), which could concentrate decision power in a small subset.

4. Quorum and decision making by a small minority

• The quorum is three members (s 20(5)). Given the Committee’s membership includes high officeholders, the practical composition of any quorum may be limited to fewer than the full membership, enabling a small number of members to affect outcomes. The Chair (the Prime Minister) has a casting vote where votes are equal (s 20(7)), which matters when small quorums deliberate.

5. Decisions without meetings reduce deliberative safeguards

• The Committee may authorise decisions without meeting in accordance with s 21, if a majority of members entitled to vote indicate agreement using a method the Committee determines (s 21(1)-(2)). Although efficient, this increases the risk that decisions will be made with less deliberative engagement and weaker contemporaneous minutes, though the Committee must keep records of such decisions (s 21(4)).

6. Remuneration and procedural dependencies

• Appointed members’ pay depends on the Remuneration Tribunal or rules (ss 18(4)-(5), s 19(3)-(4)). Delay or absence of a Remuneration Tribunal determination may push reliance on rules, but rules themselves are constrained by s 22(2) and are subordinate. Practical payment and allowance arrangements may therefore require cross‑agency coordination.

7. Indigenous naming consultation

• The Minister must take reasonable steps to consult an appropriate cultural group before having regard to Aboriginal and Torres Strait Islander words for naming public places (s 12(3)). The statute uses the "reasonable steps" standard without specificity. Practitioners proposing names using Indigenous languages need to plan for culturally appropriate identification of 'appropriate cultural groups' and for documentation of consultation to withstand administrative review.

8. No statutory funding or construction authorisation

• The Ordinance focuses on determinations, names and consultation. It does not provide express powers to fund memorial construction, to grant land access or to amend land tenure. Practitioners must not assume that a favourable determination under s 8 gives authority to proceed with construction or access to National Land without separate approvals under other planning and land management statutes.

9. Rules cannot create offences or alter the Ordinance

• The Minister’s rules power is useful for administrative detail but cannot create offences, civil penalties, powers of arrest or search or impose a tax or directly amend the Ordinance (s 22(2)). This limits how much procedural detail or enforcement levers can be delegated to the rules.

10. Transitional complexity

• The repeal of the old law is subject to saving provisions. Processes started under the old law before the transition time continue under the old law (s 24(3)(a)). Practitioners must check whether a proposal or objection was initiated under the old law or under the new Ordinance to determine which procedural rules apply.

11. Political composition of the Committee

• The Committee includes the Prime Minister, Minister, parliamentary leaders and the Secretary (s 17(1)). That composition places political officeholders and senior public servants at the centre of deliberation, which can affect perceptions of impartiality for local or community proponents. Conflicts of interest and ministerial oversight are practical issues to monitor.

12. Lack of express enforcement sanctions

• Because the Ordinance lacks express penalties or direct enforcement mechanisms, failures to comply with procedural duties may require recourse to general administrative law. That path is less immediate than statutory remedies, and litigants need to plan timelines for potential judicial review.

These "gotchas" highlight areas where a careful process map and administrative planning will reduce legal and operational risk. Practitioners should build submission and objection timetables around notifiable instrument commencement rules, document Indigenous consultation where relevant, and identify the other statutory regimes that must be navigated for land access, planning approvals and funding.

For practitioners advising proponents, objectors, Committee appointees or departmental officers, compliance with the Ordinance is mostly a matter of procedure, timing and documentation. The steps below translate the Ordinance’s mandatory duties into a practical checklist.

For proponents of national memorials (location or character)

1. Confirm that the site is National Land. The Ordinance applies only to national memorials proposed for National Land as defined in the Australian Capital Territory (Planning and Land Management) Act 1988 (s 7, s 6).
2. Prepare a clear written submission or proposal. Any person or body may make a submission to the Committee or the Minister regarding location or character (s 10(1)). If lodging with the Committee, the Committee must refer it to the Minister within 28 days (s 10(2)).
3. Anticipate Committee referral and recommendation windows. If the Minister gives a proposal to the Committee, the Committee has three months to make a recommendation (s 9(3)). The Minister then has three months to consider that recommendation and notify the Committee of intended action (s 9(4)). Build project schedules around those statutory timelines.
4. Prepare for separate planning and funding approvals. The Ordinance does not authorise construction or funding; obtain necessary planning approvals under the relevant land and planning statutes and arrange funding through appropriate channels. Do not assume a favourable ministerial determination confers land access or construction rights.
5. Keep contemporaneous records of consultation and design choices. Committee reports and Ministerial consideration may require documentary support for the proposals. Where Indigenous language or cultural elements are proposed for names or memorial content, document "reasonable steps" for consultation with appropriate cultural groups (s 12(3)).

For persons or bodies objecting to a Ministerial determination

1. Monitor publication of notifiable instruments. The 21 day objection window runs from the commencement of the Minister’s notifiable instrument (s 13(2)). Confirmation of commencement rules is given by the Legislation Act 2003, so monitor the notifiable instrument registry and publication channels referenced in the Legislation Act (note to s 13(2)).
2. Lodge objections in writing and within 21 days. The Ordinance requires objections to be in writing and lodged within 21 days (s 13(1)-(2)). Late objections will not trigger the statutory referral to the Committee.
3. Prepare substantive grounds and evidence. Since the Committee will consider the objection and recommend repeal, amendment or no change (s 14(1)), craft submissions to align with the Committee’s decision matrix, and prepare to engage with the Committee if invited.
4. Expect referral and a response timetable. If the Minister receives a valid objection, they must refer it to the Committee within 28 days (s 13(3)). The Committee then has three months to consider and recommend, and the Minister must then consider and notify within three months (s 14(1)-(2)). Track these deadlines for potential administrative follow up.

For Committee members, Secretaries and departmental staff

1. Ensure appointment instruments and tenure comply with ss 18-19. Appointments are part time, for up to three years, and must be recorded by written instrument (ss 18(3), 19(2)). Check Remuneration Tribunal determinations for pay and ensure allowances are consistent with any rules (ss 18(4)-(5), 19(3)-(4)).
2. Convene meetings as necessary, maintain minutes and records. The Committee must keep minutes and maintain records of decisions made without meetings (ss 20(8), 21(4)). Ensure systems for secure recordkeeping and timely production of reports to the Minister.
3. Comply with meeting rules and quorum. A quorum of three is required (s 20(5)), voting is by majority (s 20(6)), and the presiding person has a casting vote if votes are equal (s 20(7)). When using s 21 decision without meeting procedures, confirm that the Committee has authorised the method and that all members are informed or reasonable efforts are made (s 21(1)-(2), (3)).
4. Respect timelines for recommendation and reporting. The Committee must meet statutory deadlines for considering proposals and objections (s 9(3), s 14(1)). Build internal schedules to produce recommendations and reports within three months.

For the Minister and Minister’s office

1. Observe referral and notification duties. Before making a determination under s 8, the Minister must consider the Committee’s recommendation (s 8(2)). When a recommendation is received, the Minister must consider it and notify the Committee of intended action within three months (s 9(4)). When the Committee reports on a submission, the Minister must consider it within three months and give the Committee a report (s 10(4)). When the Committee reports on an objection, the Minister must consider that recommendation within three months and notify the Committee and objector (s 14(2)). Implement administrative procedures to track these statutory timelines.
2. Use notifiable instruments correctly. Determinations under ss 8, 11 and 12 are to be made by notifiable instrument (s 8(1), s 11(1), s 12(1)). Ensure the notifiable instrument is validly made and properly registered under the Legislation Act 2003 to trigger correct commencement timing for objection windows.
3. Document Indigenous consultations. If considering the words of Aboriginal and Torres Strait Islander languages for place names, ensure the Minister takes reasonable steps to consult an appropriate cultural group and document the consultation, as required by s 12(3).
4. Ensure transparency and records to limit administrative risk. While the Ordinance does not create enforcement sanctions, non‑compliance with duties may attract administrative review. Keep complete records, reasoned ministerial papers and timely notifications to the Committee and objectors.

For all actors

1. Plan around the Ordinance’s narrow scope. The Ordinance deals with determinations, naming and committee procedures; other legal processes for land use, funding and construction must be pursued separately.
2. Keep timelines and notifications under active management. The statutory windows are short and discrete: 28 day referral windows, 21 day objection windows, and three month consideration windows recur across the Ordinance. Calendar and document each trigger to avoid inadvertent procedural defaults.
3. Adopt transparent consultation practice. Record who was consulted, how input was collected and how recommendations were formed. Where Indigenous naming is involved, ensure culturally appropriate steps are followed and evidenced (s 12(3)).

Following these steps ensures procedural compliance with the Ordinance’s statutory obligations. Because the Ordinance does not itself confer construction or funding rights, practitioners must treat a favourable determination as a necessary but not sufficient step in a broader project approval pathway.