Australian War Memorial Act 1925

AUSTRALIAN WAR MEMORIAL.

No. 18 of 1925.

An Act to provide for the Establishment of the Australian War Memorial and for other purposes.

[Assented to 26th September, 1925.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Australian War Memorial Act 1925.

Definitions.

2. In this Act, unless the contrary intention appears—

“the Board” means the Board of Management appointed under this Act;

“the Fund” means the Fund established under this Act;

“the War” means the war which commenced on the fourth day of August One thousand nine hundred and fourteen.

Australian War Memorial.

3.—(1.) There shall be a Commonwealth Memorial of the Australians who died in the war.

(2.) The Memorial shall be known as the Australian War Memorial and shall consist of the collection of the war relics of the Commonwealth and such building for the accommodation of those relics as is specified by the Governor-General by notice in the Gazette.

(3.) The war relics of the Commonwealth shall include the relics, records, models, pictures, photographs and other articles which at the commencement of this Act comprise the Australian War Museum and any other such articles, having relation to the war, which are acquired in pursuance of this Act.

Acquisition of exhibits by Minister.

4. The Minister may, out of moneys appropriated by the Parliament for the purpose, acquire exhibits for inclusion in the collection referred to in the last preceding section.

Board of Management.

5.—(1.) For the purposes of this Act there shall be a Board of Management consisting of not more than twelve members appointed by the Governor-General and, on the happening of any vacancy in the office of member of the Board, the Governor-General may appoint a person to the vacant office.

(2.) Members of the Board shall hold office for a term of four years but shall upon the expiration of that term be eligible for re-appointment.

(3.) In case of the illness or absence of any member of the Board, the Governor-General may appoint a person to act as the deputy of the member during his illness or absence, and the deputy shall, while so acting, have all the powers and perform all the duties of a member.

Chairman of the Board.

6.—(1.) The Governor-General shall appoint one of the members of the Board to be the Chairman of the Board and on the happening of any vacancy in the office of Chairman the Governor-General shall appoint a person to fill that office.

(2.) In case of the illness or absence of the Chairman, the Governor-General shall appoint one of the members to act as Chairman during such illness or absence.

Quorum of Board.

7.—(1.) For the conduct of the business of the Board any five members shall form a quorum.

(2.) At a meeting of the Board the decision of the majority shall prevail.

(3.) The Chairman of the Board shall have a deliberative, but not a casting, vote.

Vacation of office of member.

8. A member of the Board shall be deemed to have vacated his office if, without the consent of the Board, he is absent from three consecutive meetings of the Board of which not less than seven days’ notice has been given.

Delegation by Board.

9.—(1.) The Board may, by writing under the hand of each member of the Board, delegate to a member or to committees all or any of its powers and functions under this Act (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate as fully and effectually as by the Board.

(2.) Every such delegation shall be revocable in writing at will, and no delegation shall prevent the exercise of any power or function by the Board.

(3.) The committees to which powers and functions may be delegated under this section shall consist of members of the Board and if the Minister thinks fit, such other persons as are nominated by him.

Functions and powers of Board.

10.—(1.) The Board shall have the following duties:—

(a) Subject to the directions of the Minister, the management of the Memorial and the control and preservation of the relics, records, models, pictures, photographs and other articles comprising the Memorial collections, and arrangements for their public display; and

(b) The making of a report annually to the Minister upon its operations under this Act.

(2.) The Board shall have the following powers:—

(a) The acquisition of additional exhibits from moneys available in the Fund;

(b) Subject to the approval of the Minister the exchange, sale, loan or other disposal of any exhibits belonging to the Memorial which, by reason of duplication, unfitness or unsuitability for preservation, the Board considers are no longer required;

(c) Subject to the approval of the Minister, the sale or exhibition to the public of reproductions of the official photographs, pictures, cinema film and such other records and exhibits as are suitable for the purpose;

(d) The application to the Fund of all moneys received as the result of action taken in accordance with the last two preceding paragraphs; and

(e) The control of the Fund including—

(i) the use of the Fund in connexion with the purchase of exhibits;

(ii) the investment in securities of the Commonwealth or on fixed deposit or current account in the Commonwealth Bank of such part of the Fund as is not required for current operations; and

(iii) the realization at any time of securities in which they have invested part of the Fund.

Establishment of Fund.

11.—(1.) A Fund is hereby established which shall be known as the Australian War Memorial Fund.

(2.) The Fund shall consist of—

(a) the amount which, on a date fixed by the Minister by notice in the Gazette, stands in the books of the Treasury to the credit of the Trust Fund Australian War Records Publication Account and all moneys which, on that date, are due to that Account;

(b) any money earned by the Board of Management as the result of investment and such commercial dealing with the assets of the Australian War Memorial as is approved by the Minister;

(c) the net proceeds of sales approved by the Minister of exhibits forming part of or belonging to the Memorial;

(d) moneys which the Minister, with the concurrence of the Treasurer, by notice in the Gazette, directs shall form part of the Fund; and

(e) bequests and donations to the Fund.

Vesting of Fund.

12. The Fund shall be vested in and placed under the control of the Board.

Use of fund.

13. Moneys standing to the credit of the Fund shall be available for, and may be applied by, the Board to—

(a) the acquisition of relics, records, models, pictures, photographs, publications and other articles relating to the war; and

(b) the payment of all proper expenses of, and incidental to, the administration of the Fund.

Audit of accounts.

14.—(1.) All books and accounts relating to the Fund shall be kept in accordance with the provisions of the Audit Act 1901-1924 and the regulations thereunder, and shall be subject to audit by the Auditor-General for the Commonwealth.

(2.) A copy of each audit report shall be made available to the Board through the Minister.

Regulations.

15. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.