Australian War Memorial Regulations 1983

To understand the practical application of the regulations, several key statutory concepts defined in regulation 3 must be analysed:

Memorial premises is a broad concept that establishes the geographical jurisdiction of the regulations. It encompasses not only the "Memorial land" (the specific parcel of land in Canberra gazetted on 29 June 1967) and the "Memorial building" (where collection material is displayed), but also any other land, building, or structure owned by, or under the control of, the Memorial. This definition extends the regulatory and enforcement powers of security officers to off-site facilities, such as the Treloar Centre storage and preservation facility in Mitchell.

Memorial material comprises the physical items subject to protective measures under the regulations. This concept includes any material forming part of the official memorial collection, any other historical material in the possession of the Memorial, any showcase or structure used to display such material, and specifically, the Stone of Remembrance situated on Memorial land. The inclusion of display showcases and the Stone of Remembrance ensures that auxiliary structures receive the same level of legal protection as the primary historical artefacts.

Security officer refers to a person appointed by the Director under regulation 5. Eligibility is restricted to persons referred to in section 27 or 28 of the Act, which covers staff members of the Memorial and persons whose services are made available to the Memorial. Security officers are not general law enforcement officers, but they possess statutory powers of detention and removal that exceed those of ordinary citizens within the boundaries of Memorial premises.

Prescribed article is defined under regulation 7(3) as an overcoat, a bag (excluding a handbag), case, parcel, container, umbrella, aerosol container, or any other article that may be used to cause damage to Memorial material. This definition establishes the class of items that visitors must deposit at designated counters before entering the Memorial building.

Authorised liquor supplier means a person who has received written authorization from the Director under regulation 8B(1) to supply liquor on Memorial premises. This concept forms the basis of the internal liquor management system, allowing the Memorial to permit hospitality operations while retaining direct control over the terms, locations, and hours of alcohol service.

The regulations create direct compliance obligations and legal exposures for several distinct groups:

General visitors and the public

Ordinary visitors to the Memorial are subject to strict conduct rules. Anyone entering the Memorial building or land must comply with security directions, obey posted signage, and deposit bulkier items or potential hazard vectors, such as umbrellas and large bags. Visitors are also subject to rules prohibiting the possession of non-medication liquids, food consumption, and smoking outside designated areas.

Veterans and concession holders

The regulations directly affect the financial obligations of visitors to the Treloar Centre. While general visitors over the age of 15 must pay the prescribed entry charge under regulation 8A, the regulations explicitly exempt veterans with active or operational service, recipients of specific pensions under the Veterans' Entitlements Act 1986, and various concession card holders.

Commercial contractors and event operators

Entities wishing to display, show, sell, or hire items on Memorial premises are prohibited from doing so under regulation 7(1)(h) unless they obtain the written consent of the Council or an authorised officer. Additionally, any commercial entity entering into a contract with the Memorial must note the $1,000,000 threshold under regulation 6A. Any contract exceeding this value requires ministerial approval to be legally valid, which introduces a transaction risk for corporate counterparties.

Hospitality and liquor providers

Caterers, venue managers, and third-party vendors seeking to sell or serve alcohol on Memorial premises operate entirely under the authority of regulation 8B. They must secure written authorization from the Director and are subject to strict operating conditions. These operators face criminal liability if they supply liquor outside the hours or locations permitted by their authorization, or if they serve minors or intoxicated persons.

Security staff and administrators

The Director and the Council of the Memorial are granted specific administrative powers, including the power to delegate their authorities under regulations 9 and 10. Security staff appointed under the regulations must carry physical identity certificates and adhere to the statutory limits of their apprehension and direction powers.

The regulations balance the protective custody of national heritage with public access by establishing a reciprocal set of duties and statutory rights.

Duties of visitors and the public

The primary duty of any person on Memorial premises is to obey the lawful directions of a security officer and all officially displayed notices (regulation 7(1)). Visitors carry a positive duty to deposit "prescribed articles" at the designated counter upon entering the Memorial building (regulation 7(1)(c)).

Furthermore, visitors are under a strict duty not to bring animals (excluding guide dogs) into the Memorial building, nor to bring in or consume food and liquids outside designated areas. Under regulation 8(2), persons in charge of motor vehicles on Memorial land have a duty to comply with any parking directions given by a security officer regarding where they may or may not park, or directing them to remove the vehicle entirely.

Rights and powers of security officers

Security officers possess significant statutory powers under regulation 6. If an officer has reasonable grounds for believing that a person has damaged or is damaging Memorial material or the Memorial building, or has refused to obey a direction to leave, the officer may apprehend that person. The regulations permit the officer to use "such force as is reasonably necessary" to effect the apprehension. Once apprehended, the officer is under a strict duty to either remove the person from the premises or deliver them immediately to a member of the Australian Federal Police.

Additionally, under regulation 6(3), a security officer has the right to direct individuals, groups, or the general public to leave the Memorial building or land if the officer believes on reasonable grounds that:

• Public safety is or may be endangered;
• The conduct of a person or group is likely to cause offence to members of the public; or
• A person has committed, or is committing, an offence against the regulations.

Duties of authorised liquor suppliers

Liquor suppliers must strictly adhere to the terms of their written authorization (regulation 8B(3)). They are subject to positive duties under regulation 8D, which prohibits the supply of adulterated liquor and bans the supply of alcohol to minors or anyone reasonably believed to be intoxicated.

To support these duties, regulation 8D(3) grants suppliers and their employees the statutory right to refuse service to any person who fails to provide satisfactory evidence of their age.

Enforcement under the regulations is achieved through a combination of physical exclusion powers and criminal prosecution. The regulations rely heavily on strict liability offences to simplify prosecution and ensure high compliance.

Strict liability regime

Under regulations 7(6) and 8(4), several key offences are explicitly designated as offences of strict liability. This designation means the prosecution is not required to prove a fault element, such as intention, knowledge, recklessness, or negligence, for the physical elements of the offence. The designated strict liability offences include:

• Failing to obey a displayed notice (regulation 7(1)(b));
• Failing to deposit a prescribed article (regulation 7(1)(c));
• Bringing food or non-medication liquids into the Memorial building (regulation 7(1)(e));
• Consuming food or liquid outside designated areas (regulation 7(1)(f));
• Smoking in the Memorial building outside designated areas (regulation 7(1)(g));
• Exposing articles for show, sale, or hire without written consent (regulation 7(1)(h)); and
• Failing to comply with a parking direction (regulation 8(2)).

For these strict liability offences, a defendant can avoid liability only if they can raise an evidential burden regarding a defence, such as an honest and reasonable mistake of fact under the Criminal Code (Cth).

Penalty schedule

The financial penalties are expressed in penalty units, which are adjusted periodically in accordance with Commonwealth legislation:

• Two penalty units: Applied to all general conduct offences under regulation 7(1), including failing to obey a security officer's direction, failing to deposit bag/umbrella, bringing in food/liquids, unauthorized commercial displays, or smoking.
• One penalty unit: Applied to parking offences under regulation 8(2).
• Five penalty units: Applied to the more serious liquor-related offences under regulations 8B, 8C, 8D, 8E, and 8F. This includes supplying liquor outside an authorization, supplying liquor without authority, selling adulterated liquor, supplying alcohol to an intoxicated person or minor, purchase or consumption of liquor by a minor, and sending a minor to obtain alcohol.

Evidential burdens

The regulations allocate specific evidential burdens. Where a visitor seeks to rely on an exception, such as having the written consent of the Council to display items for sale (regulation 7(5)) or not complying with a displayed notice (regulation 7(2)), the defendant bears an evidential burden under subsection 13.3(3) of the Criminal Code to adduce or point to evidence that suggests a reasonable possibility that the consent existed. Similarly, a driver prosecuted for disobeying a parking direction bears the evidential burden of demonstrating a "reasonable excuse" under regulation 8(3).

The regulations operate within a complex web of Commonwealth and Territory legislation. Their primary statutory interaction is with the Australian War Memorial Act 1980 (Cth). Under section 35 of the Act, the Memorial is restricted from entering into certain contracts without ministerial approval. Regulation 6A directly activates this provision by setting the limit at $1,000,000, thereby governing the intersection between administrative discretion and executive oversight.

The enforcement provisions of the regulations interact directly with the Criminal Code Act 1995 (Cth). The notes to regulations 7 and 8 explicitly reference subsection 13.3(3) of the Criminal Code, which governs the burden of proof for defences, exemptions, and exceptions. The strict liability framework of the regulations is governed by Chapter 2 of the Criminal Code, which establishes the default principles of criminal responsibility.

For security and policing, the regulations interface with the Australian Federal Police Act 1979 (Cth). Regulation 6(2)(b) requires a security officer who has apprehended a person using reasonable force to deliver that person "forthwith" to a member of the Australian Federal Police. This creates a statutory hand-off mechanism, ensuring that private security power is integrated with public law enforcement.

The entry charge concessions under regulation 8A create a direct legal interface with several domestic welfare and veteran statutes. To qualify for concessions or exemptions, visitors must fall within categories defined by:

• The Veterans' Entitlements Act 1986 (Cth), specifically regarding operational service, active service, or pensions under Part II or III of that Act;
• The Social Security Act 1991 (Cth), in relation to holders of a pensioner concession card or a seniors health card; and
• The Health Insurance Act 1973 (Cth), for holders of a health care card.

Finally, the liquor provisions under regulations 8B to 8F establish a federal jurisdiction over the sale of alcohol on Memorial premises. By empowering the Director to issue written authorizations for liquor supply, the regulations create an independent Commonwealth regulatory pathway that bypasses the standard licensing requirements of the ACT Liquor Act 2010. This operational carve-out ensures that state or territory licensing boards cannot restrict hospitality or ceremonial events hosted on Commonwealth-controlled Memorial land.

The Australian War Memorial Regulations 1983 have undergone periodic amendments to reflect shifts in administrative policy, national security standards, and federal criminal law reform.

Original instrument and early changes

The regulations were notified in the Commonwealth Gazette on 30 December 1983 as Statutory Rules 1983 No. 343, repealing the earlier 1980 regulations (Statutory Rules 1980 Nos. 182 and 298). The first minor amendment occurred via Statutory Rules 1984 No. 39, which amended the interpretation provisions under regulation 3.

The 1990 disallowance

A significant procedural event occurred with Statutory Rules 1990 No. 448. This instrument sought to introduce regulation 8A to establish entry charges for the newly constructed Treloar Centre. However, the Senate disallowed these regulations on 14 February 1991. Under Australian administrative law, a disallowance nullifies the affected provisions, forcing the Memorial to operate without the planned fee structure until a subsequent instrument could be successfully tabled.

Re-introduction of fees and security upgrades

Statutory Rules 1994 No. 375 successfully inserted regulation 8A, establishing the entry fee regime for the exhibition areas of the Treloar Centre. This was followed by minor amendments in Statutory Rules 1995 No. 271 and Statutory Rules 1996 No. 243. The 1996 amendments revised regulations 5 and 8A, substituted the heading of Schedule 1, and introduced Schedule 2 to specify staff positions (such as the Assistant Director, National Collection, and the Manager, Treloar Centre) authorized to invite visitors to enter without charge.

The 2000 liquor reforms

Statutory Rules 2000 No. 216 introduced a major policy shift. This amendment substituted regulation 1, amended the definitions in regulation 3, updated regulation 7, and added the entire block of liquor regulations (regulations 8B to 8F). This change consolidated the Memorial's legal control over food and beverage services, moving away from reliance on external ACT licensing laws.

Harmonisation with the Criminal Code

In 2001, the federal government undertook a major project to align existing regulations with the codification of criminal law under the Commonwealth Criminal Code. Statutory Rules 2001 No. 229 substituted regulation 7 and amended regulations 8 and 8A. This amendment explicitly applied the concept of "strict liability" to specific public conduct and parking offences, ensuring they complied with the drafting requirements of the Criminal Code Act 1995.

Contractual adjustments

The final amendment in the compilation, Select Legislative Instrument 2007 No. 238, inserted regulation 6A. This regulation set the contract approval threshold at $1,000,000, adjusting the financial governance of the Memorial to reflect modern commercial realities.

There is an absence of superior court litigation directly interpreting the Australian War Memorial Regulations 1983. This lack of appellate case law is standard for subordinate instruments of this nature, primarily because the offences are low-level summary matters carrying small financial penalties (between 1 and 5 penalty units). Such matters are typically resolved in the ACT Magistrates Court without generating written, reported judgments or testing the constitutional boundaries of the regulations.

However, the regulations operate in an area of administrative law where judicial review remains a theoretical risk. Decisions made by the Director or Council under these regulations, such as the revocation of an authorised liquor supplier status under regulation 8B or the refusal of the Council to grant written consent for commercial activity under regulation 7(5), constitute administrative decisions made under an enactment. They are therefore subject to potential review under the Administrative Decisions (Judicial Review) Act 1977 (Cth).

Similarly, the use of physical force by security officers to apprehend individuals under regulation 6(1) represents an area of potential civil liability. If a security officer uses force that exceeds the statutory threshold of "such force as is reasonably necessary", the Memorial and the officer could face civil claims for assault, battery, or false imprisonment. The legal test for "reasonably necessary" force is objective, requiring court analysis of the specific threat, the conduct of the individual, and the proportional response of the officer. The lack of reported litigation suggests that security staff exercise these powers with restraint, or that any disputes are settled out of court.

The most notable legal conflict regarding the regulations occurred in the political sphere rather than the courts: the 1991 Senate disallowance of the Treloar Centre entry charges. This disallowance highlights how parliamentary oversight of subordinate legislation acts as a primary check on administrative power, bypassing the need for judicial intervention.

Practitioners, commercial operators, and event organisers must navigate several hidden legal risks and non-intuitive provisions within the regulations:

The handbag exemption anomaly

Regulation 7(1)(c) requires visitors to deposit "prescribed articles" at the counter. Under regulation 7(3)(a), a "prescribed article" includes "a bag (other than a handbag)". The regulations do not define "handbag". A visitor carrying a small backpack, a camera bag, or a laptop case may be directed by a security officer to deposit it.

If the visitor refuses, arguing the item serves the same function as a handbag, they commit a strict liability offence under regulation 7(1)(a) for failing to obey a direction, or under regulation 7(1)(c) for failing to deposit the article. Because these are strict liability offences, the visitor's subjective belief about the character of their bag is legally irrelevant.

The strictness of the liquid ban

Regulation 7(1)(e) prohibits bringing "any liquid (other than medication)" into the Memorial building. This is a strict liability offence. There is no exception for sealed bottled water, infant formula (unless classified strictly as medical necessity), or beverages purchased from adjacent outdoor areas. Carrying an ordinary commercial beverage past the threshold of the Memorial building constitutes a completed offence, regardless of intent.

Commercial display exposures

Regulation 7(1)(h) prohibits exposing any article for show, sale, or hire. This restriction applies not only inside the building but across all "Memorial land", including open plazas and lawns.

Commercial film crews, book publishers, or educational tour operators who display promotional items or merchandise on the grounds without the explicit "written consent of the Council" (regulation 7(5)) are in breach. This applies even if no sales occur on-site, as the mere act of "exposing for show" is prohibited.

The liquor "supply" chain trap

Under regulation 8C, a person must not supply liquor to another person on Memorial premises unless they are an authorised supplier or they obtained the liquor from one. The definition of "supply" in regulation 3 is non-exhaustive and "includes sale".

Under a strict literal interpretation, if an individual purchases several alcoholic beverages from an authorised bar at a function on Memorial premises and hands one to a colleague on the other side of the room, that transfer may constitute a "supply". If the colleague is under 18, the individual who handed over the drink faces a five-penalty-unit offence under regulation 8D(2) for supplying liquor to a minor, as well as potential liability under regulation 8F.

Presumed authority under delegation

Delegations under regulations 9 and 10 must be reviewed carefully. While a certificate signed by the Chairman of the Council is proof of a delegation under regulation 9(4), any commercial entity negotiating contracts near the $1,000,000 threshold must verify that the specific officer signing the contract has a valid, unrevoked written delegation from the Director or Council that covers that specific class of transaction.

Achieving full compliance with the regulations requires different strategies depending on the category of the regulated entity:

                  +-----------------------------------+
                  |      Compliance Framework         |
                  +-----------------------------------+
                                    |
         +--------------------------+--------------------------+
         |                                                     |
         v                                                     v
+------------------+                                 +------------------+
|  For Commercial  |                                 |   For Security   |
|   & Liquor Ops   |                                 |   & Management   |
+------------------+                                 +------------------+
| - Obtain written |                                 | - Issue ID with  |
|   authorisation  |                                 |   photo (Sched 1)|
| - Limit hours    |                                 | - Train staff on |
|   and locations  |                                 |   "reasonable    |
| - Verify age &   |                                 |   force" limits  |
|   prevent excess |                                 | - Audit contracts|
| - Secure consent |                                 |   at $1,000,000  |
|   for displays   |                                 |   threshold      |
+------------------+                                 +------------------+

For commercial event organisers and liquor suppliers

1. Secure explicit written authorizations: Do not rely on verbal assurances from Memorial staff. Ensure that any agreement to serve alcohol is backed by a written instrument signed by the Director under regulation 8B(1). This instrument must explicitly state your name or class, the precise physical parts of the Memorial premises where service is permitted, and the exact approved hours.
2. Implement age verification and sobriety checks: Train all serving staff on their right to refuse service under regulation 8D(3). Establish a strict "No ID, No Service" policy. Implement standard operating procedures to identify and cut off service to any patron exhibiting signs of intoxication to avoid liability under regulation 8D(2)(a).
3. Verify product integrity: Ensure that all liquor storage is secure and that no decanting or product alteration occurs, preventing any breach of the prohibition on supplying adulterated liquor (regulation 8D(1)).
4. Obtain written consent for promotional setups: If an event involves commercial sponsors who wish to display banners, promotional vehicles, or merchandise, submit a formal request to the Council well in advance to obtain the written consent required under regulation 7(5).

For procurement and legal teams

1. Monitor the contract threshold: Maintain a contract register that flags any procurement, service agreement, or commercial lease approaching $1,000,000 in cumulative value.
2. Execute statutory approvals: For any contract valued at $1,000,000 or more, ensure that the transaction workflow includes a formal pause to obtain written ministerial approval under section 35 of the Act and regulation 6A before execution. A contract executed without this statutory approval may be void or unenforceable.

For security management and operations

1. Adhere strictly to credentialing requirements: The Director must ensure every appointed security officer is issued a certificate in the exact form prescribed by Schedule 1, including a recent photograph.
2. Maintain a certificate log: Establish a register to track the issue and return of identity certificates. Ensure that when any staff member ceases to be a security officer, their certificate is returned "forthwith" to the Director under regulation 5(3).
3. Enforce the identification duty: Train security officers to understand that they must produce their identity certificate for inspection immediately upon request by any member of the public when exercising their powers (regulation 5(4)). Failing to do so may invalidate any subsequent direction or apprehension.
4. Establish clear force guidelines: Develop a use-of-force policy that defines "reasonably necessary force" under regulation 6(1). Security officers must understand that force is a secondary measure, to be used only after a clear direction under regulation 6(3) has been ignored, and that apprehended persons must be handed over to the Australian Federal Police immediately.

For general public and tour operators

1. Pre-screen tour groups: Tour operators bringing large groups or school excursions to the Memorial should instruct participants to leave large bags, backpacks, umbrellas, food, and drinks on their tour buses.
2. Observe parking signage: Ensure bus drivers and individual drivers park strictly within designated zones and comply immediately with any directive from a security officer to move a vehicle, preventing strict liability fines under regulation 8(2).