Shrine of Remembrance Act 1978

Several concepts recur through the Act and structure governance and operational choices. Each concept is a legal mechanism that allocates authority, revenue rights, duties, or compliance obligations.

Reserved land and reserved monument: The Act’s subject matter is the reserved land delineated in Schedule One and the monument known as the Shrine of Remembrance; references to the Shrine include any monument or memorial on that reserved land (s 2; Schedule One). The Crown grant and the 1933 Order in Council are referenced throughout as antecedent instruments (s 1A definitions; preamble).

Trustees as a public corporate body: The trustees are a body corporate named the Shrine of Remembrance Trustees with perpetual succession, a common seal and capacity to sue and be sued (s 3(3)). The Act expressly makes the trustees a public entity for purposes of the Public Administration Act 2004, bringing them within the governance framework of that statute (s 3(4)).

Composition and appointment: The Governor in Council appoints 10 trustees from categories set out at s 3(1): a Minister-nominated service-person as chair (s 3(1)(a)); the Lord Mayor or nominated councillor (s 3(1)(b)); nominees from the Returned Services League and The Legacy Club of Melbourne (s 3(1)(c)-(d)); and six other Minister-nominated persons (s 3(1)(e)). The Minister must ensure nominees collectively cover specified skill and experience areas (s 3(2)-(2A)).

Core functions and powers: The trustees’ overarching functions are expressed in s 4(1AA): memorial stewardship, staging commemorations, and public education through programs and exhibitions. Specific powers include care, management and improvement of the reserved land (s 4(1)(a)), exclusive rights to provide and authorise manufacture and sale of replicas and related material (s 4(1)(b), (c)), receipt and application of funds (s 4(1)(c), s 4(2)-(3)), charging entry fees for undercroft land (s 4(1)(ca)), making gratuities and retiring allowances for staff (s 4(1)(d)), and appointing staff, governors and life governors (ss 4H-4J).

Revenue and funds: The trustees may receive funds from collections, donations, sales of authorised replicas or publications, and fees for licences (s 4(1)(c)). Those funds are to be applied only for the purposes of carrying the Act into effect (s 4(2)). The trustees may also enter arrangements for free gas supply for the perpetual flame (s 8), and may be paid money from the Treasurer or Melbourne City Council into their funds (s 4(3)).

Undercroft development: The Act contemplates use of undercroft land for galleries of remembrance and related facilities. Such development requires a plan of survey signed by the Surveyor‑General, Minister recommendation and Governor in Council approval (ss 2A-2B). The trustees may improve undercroft land in accordance with any approved plan (s 2A).

Ministerial oversight and reporting: The Minister can give written directions to the trustees on performance or exercise of functions; the trustees must comply and provide information to show compliance; any direction must be included in the trustees’ annual report (s 4A(1)-(3)). The trustees must submit an annual business plan in a Minister‑approved form, consider and consult on the Minister’s comments, and deliver the agreed business plan to the Minister (s 4K(1)-(9)).

Conflict of interest and governance safeguards: Trustees must disclose direct or indirect pecuniary interests and potential conflicts created by holding other office or property, have those disclosures recorded in minutes, and must not participate in discussion or vote on matters to which the disclosure relates; contraventions disallow votes (s 4G(1)-(6)). There is an express limited exemption for a trustee appointed under s 3(1)(b) in relation to services supplied by Melbourne City Council under ss 7, 7A or 7B (s 4G(3)).

Regulation, enforcement and penalties: Trustees, with Governor in Council approval, may make regulations governing care, protection and management of the reserved land and preservation of good order and decency (s 6(1)). Contravention of regulations attracts penalties in penalty units (s 6(3)-(4)); authorised officers and police have enforcement powers (s 6(5)-(6)). Separate statutory prohibition prevents unauthorised manufacture or publication of replicas and related material, with exceptions and a penalty (s 5(1)-(2)).

Allocation of functions with Melbourne City Council: The Council must provide secretarial and administrative services as required by trustees (s 7). Trustees and the Council may enter agreements for services (s 7A). The Council is responsible for parks and gardens’ improvement and maintenance and bears those costs, but cannot alter design or layout without trustees’ written consent (s 7B(1)-(3)).

Transitional continuity and reconstitution: The Act contains transitional provisions that preserve the continuity of the trustees’ corporate identity and the legal effect of decisions when the trustees were reconstituted or when amendments changed trustee composition or quorum (ss 9-10).

These concepts establish a centralised trustee body with statutory revenue rights, Ministerial oversight, delegated responsibilities to the local council for landscape works, exclusive rights over certain commercial uses of the Shrine’s image, and regulatory powers backed by criminal penalties and enforcement mechanisms.

This Act creates legal roles and allocates operational and financial responsibilities that affect multiple actors. The statute identifies who pays, who decides, who can profit and who is regulated.

The trustees: The primary legal actor is the Shrine of Remembrance Trustees (s 3(3)), who hold statutory responsibility for the care, management, maintenance and improvement of the reserved land and the Shrine (s 4(1AA), (1)(a)). Trustees decide on charges for entry to undercroft land, manufacturing and selling replicas and publications, staff appointments, and the application of funds (s 4(1)(b)-(ca), 4J). Trustees prepare the business plan and receive Ministerial oversight (s 4K, s 4A).

The Minister (and Governor in Council): The Minister nominates trustees (s 3(1)-(2A)), receives the trustees’ proposed business plan and may direct and comment on it (s 4K(2), (4), (5), (7)). The Minister may give written directions the trustees must follow and must have any direction included in the trustees’ annual report (s 4A(1)-(3)). The Governor in Council appoints trustees, approves undercroft survey plans and gives approval to development (s 3(1), 2B(1)-(2)), and the Governor in Council may remove trustees (s 4D(3)). Thus executive government exercises appointment, approval and removal powers.

Melbourne City Council: The Act places several operational and cost responsibilities on the Melbourne City Council. The Council must provide secretarial and administrative services to the trustees (s 7). The Council is responsible for improvement and maintenance of the parks and gardens on the reserved land (other than monuments and memorials) and must meet all costs for those works (s 7B(1)(a)-(b)). The Council may enter agreements with trustees under s 7A for services, payments, grants, roles on committees and consultation procedures. A trustee who is the Lord Mayor or a nominated councillor is exempt from particular disclosure rules relating to services provided by the Council under ss 7, 7A or 7B (s 4G(3)).

Veterans and service organisations: The Act expressly requires a chairperson who has been engaged in service or duty in the naval, military or air forces (s 3(1)(a)), and requires trustees to have knowledge or experience in veterans affairs or military service among other skills (s 3(2)-(2A)). The Returned Services League and The Legacy Club of Melbourne nominate trustees (s 3(1)(c)-(d)). The Act’s primary role statement emphasises the Shrine as a memorial to honour service and sacrifice of Victorians and Australians (s 1B). These provisions affect service organisations’ influence and the representation of veterans’ perspectives in governance.

Visitors and commercial operators: The trustees may charge fees for entry into undercroft land and may authorise manufacture, printing, publishing and sale of replicas and related material (s 4(1)(b), (ca)). Conversely, it is an offence for any person to manufacture, print, publish, display or sell replicas and similar materials relating to the Shrine except with the trustees’ written authority (s 5(1)). There are narrow exceptions (s 5(2)). Visitors therefore face potential admission fees to undercroft areas (s 4(1)(ca)) and commercial entities face a licensing requirement to produce and sell Shrine-related merchandise (s 5(1), s 4(1)(b)-(c)).

Service providers and suppliers: The trustees may appoint staff and governors and may make arrangements with suppliers, including arrangements for free gas supply for the perpetual flame (s 4J, s 8). The gas supply provision contemplates voluntary or donated supply/service arrangements from a gas distributor (s 8). The Melbourne City Council,or any party contracting with trustees under s 7A,may provide services such as water supply or parks maintenance.

Enforcement officers and police: The Act empowers authorised officers under the Conservation, Forests and Lands Act 1987 (for purposes of the Land Act 1958) and police officers to warn and apprehend persons contravening regulations made under s 6, and to take proceedings and prosecute for such contraventions (s 6(5)-(6)). Those officers and police thereby have enforcement duties in relation to the reserved land.

Donors and funders: The trustees may receive money from collections, donations and proceeds of authorised sales and fees, which must be applied for the Act’s purposes (s 4(1)(c), s 4(2)-(3)). The Treasurer of Victoria and Melbourne City Council are identified as potential fund sources in s 4(3), affecting how public funding may be routed.

How these actors are affected in practice depends on Ministerial decisions, Governor in Council approvals and trustees’ own exercise of delegated powers. The Act places governance obligations (business plan, disclosures, compliance with Ministerial directions) on trustees while assigning operational liabilities for parks maintenance to the Council (s 4K, s 4G, s 4A, s 7B).

The Act both imposes duties (mandatory acts and constraints) and confers rights (powers, revenue and exclusivities). Below are the most consequential duties and rights, each cited to the relevant provision.

Trustees’ duties and obligations

• Care, management, maintenance and preservation: Trustees are responsible for these functions regarding the Shrine of Remembrance, including its role as a memorial and as a site of national and State significance (s 4(1AA)(a)(i)-(ii), s 4(1)(a)). This is the Act’s central duty.
• Ceremonial and educational functions: Trustees must develop, promote and manage ceremonial activities and public programs to commemorate service and sacrifice and to educate Victorians and visitors (s 4(1AA)(b)-(c)). These are mandated, not discretionary, objectives.
• Compliance with Ministerial directions: The trustees must comply with any written direction given by the Minister about performance of functions or exercise of powers and must provide information to the Minister to determine compliance; directions must be included in the trustees’ annual report (s 4A(1)-(3)).
• Business plan: Trustees must prepare, submit and, following consultation, deliver an agreed annual business plan in a Minister‑approved form and must consult with the Minister about comments (s 4K(1)-(7)). Publication of the business plan is restricted without trustees’ and Minister’s approval (s 4K(8)).
• Disclosure of interests: Trustees must disclose direct or indirect pecuniary interests and potential conflicts at meetings, have the disclosure recorded, and must not participate in discussion or vote on the relevant matter (s 4G(1)-(6)). A particular exemption exists for the s 3(1)(b) trustee in relation to Council-provided services (s 4G(3)).
• Procedural governance: The trustees must meet as determined; six trustees constitute a quorum; questions are determined by majority with a casting vote for the chair/presiding person (s 4F(1)-(5)). These provisions govern board decision-making and meeting attendance (and s 4D(1)(c) makes failure to attend three consecutive meetings without approval a ground for vacancy).

Trustees’ rights and powers

• Corporate capacity: The trustees are a corporate body with legal personality (s 3(3)) permitting them to enter contracts, be sued, and own property.
• Revenue-raising rights: Trustees may receive collections or donations, proceeds from sales of authorised replicas and publications, and fees for authorisations; funds must be applied to statutory purposes (s 4(1)(c), s 4(2)-(3)).
• Exclusive commercial rights: Trustees may, to the exclusion of others, provide and sell, and authorise manufacture, printing, publishing, display and sale of replicas, photographs, booklets and like matter relating to the Shrine (s 4(1)(b)). Complementary to that, s 5 criminalises unauthorised manufacture, printing, publishing or sale of such material (s 5(1)-(2)).
• Fees for undercroft: Trustees may charge fees for entry into undercroft land, set concessional mechanisms and exempt classes of persons from fees (s 4(1)(ca)(i)-(iii)).
• Delegation and staffing: With Minister approval trustees can delegate powers to trustees or persons employed by the trustees (s 4B). They may appoint staff, governors and life governors (ss 4H-4J).
• Improvement of undercroft land: Subject to Governor in Council approval following Minister recommendation and Surveyor-General’s plan, trustees may improve undercroft land to create galleries and related facilities (ss 2A-2B).
• Regulation-making: With Governor in Council approval the trustees may make regulations about care, protection and management of the reserved land and preservation of good order and decency; breaches attract penalties (s 6(1)-(4)). The trustees therefore have the institutional ability to set site‑specific rules subject to the approval process required by the Act.

Melbourne City Council duties and rights

• Services and costs: The Council must provide secretarial and administrative services as required by the trustees (s 7) and is responsible for improvement and maintenance of parks and gardens on reserved land (excluding monuments and memorials), bearing all associated costs (s 7B(1)(a)-(b)).
• Design control limitation: While responsible for parks and gardens, the Council must not alter the design or layout of reserved land without written consent of the trustees (s 7B(2)).
• Agreement-making: The Council and trustees may enter agreements covering a broad set of items including services, water supply, grants, committee roles and decision-making and consultation arrangements (s 7A).

Regulatory duties and rights of enforcement agencies

• Enforcement powers: Officers appointed under the Conservation, Forests and Lands Act 1987 for Land Act 1958 purposes, officers or servants of the trustees, and police officers may enforce regulations, warn and, if noncompliance continues, apprehend persons and take them before a justice (s 6(5)-(6)). That confers statutory arrest and prosecution powers for on-site breaches of regulations as drafted.

Limitations and constraints

• Application of funds: Funds received by trustees, whether from Treasury, Council, donations or sales, must be used only to carry the Act into effect (s 4(2)-(3)). This constrains commercial revenue use to statutory purposes.
• Ministerial and Governor in Council controls: Several trustee powers are subject to Minister or Governor in Council approval (s 2B approval for undercroft development; s 4B delegations require Minister approval; trustees must include Ministerial directions in report and comply (s 4A)).

The Act therefore creates a statutory power bundle for trustees to manage and monetise aspects of the Shrine while embedding them in public-sector governance and Ministerial oversight, and allocating discrete operational liabilities to the local council.

The Act establishes criminal offences, monetary penalties in penalty units, and enforcement mechanisms tied to site regulation and unauthorised commercial use of the Shrine’s images and replicas. Penalty‑unit amounts are not specified within the Act text; instead penalties are expressed as a number of penalty units.

Unauthorised manufacture, printing, publishing, display or sale

• Offence: Any person who, without written authority of the trustees, manufactures, prints, publishes, displays or sells, or authorises the manufacture, printing, publishing, display or sale of replicas, drawings, photographs, booklets, pamphlets or other like matter relating to the Shrine is guilty of an offence (s 5(1)).
• Penalty: The maximum penalty is not exceeding 2 penalty units (s 5(1)).
• Exceptions: The Act contains narrow exceptions where a person is not guilty solely because they manufacture, print or publish a replica, drawing or photograph unless they know it will be used for advertising or sold; because they are the proprietor, printer, publisher or seller of a newspaper containing photographs or other matter relating to the monument; or because they publish, print or sell a properly bound book containing photographs or matter relating to the monument unless the book relates solely or principally to the Shrine (s 5(2)). Those exceptions limit the application of the offence to what appear to be purely commercial exploitation of the Shrine’s image outside the trustees’ authority.

Contravention of regulations

• Regulations: Trustees, with Governor in Council approval, may make regulations concerning care, protection and management of the reserved land and preservation of good order and decency (s 6(1)). Regulations and revocations must be published in the Government Gazette (s 6(2)).
• Penalties: Contravening regulations (other than those about depositing unwanted materials) attracts a penalty of not more than 2 penalty units (s 6(3)). Regulations prohibiting depositing unwanted materials carry a penalty of not more than 5 penalty units (s 6(4)).
• Enforcement and arrest: If a person contravenes or fails to comply with any regulation and, after being warned by an authorised officer (appointed under the Conservation, Forests and Lands Act 1987 for Land Act 1958 purposes) or a police officer, does not desist, that person may be apprehended forthwith by the authorised officer or police officer and taken before a justice (s 6(5)). Every officer or servant of the trustees and every authorised officer and police officer has powers and authorities necessary to take proceedings, prosecute or issue information for any contravention (s 6(6)). Those provisions confer immediate on-site enforcement and a route to court prosecution.

Board-level compliance enforcement

• Disclosure consequences: A trustee who fails without reasonable cause to disclose an interest under s 4G (or is convicted of an offence relating to trustee duties) must be removed from office by the Governor in Council (s 4D(4)). That provides a governance enforcement mechanism that links misuse of office or non-disclosure to removal.
• Vacancy and attendance: The office of a trustee becomes vacant if the trustee becomes insolvent under administration, is convicted of an indictable offence, or fails without trustees’ approval to attend three consecutive meetings (s 4D(1)(a)-(c)). Attendance and criminal convictions thus have statutory consequences for trustees.

Ministerial oversight and reporting as compliance tools

• Directions and reporting: The Minister may direct trustees in writing on performance of functions or exercise of powers; trustees must comply and provide information to determine compliance and must include any direction in the annual report (s 4A(1)-(3)). This creates an administrative compliance mechanism short of criminal sanction.
• Business plan oversight: The trustees must submit a business plan to the Minister in a Minister‑approved form at a time determined by the Minister and must consider and consult on the Minister’s comments, making any agreed changes and delivering the plan to the Minister (s 4K(1)-(7)). The business plan requirement is a control over trustees’ strategic and financial planning.

Procedural protections and validity

• Validity despite defects: Acts or decisions of trustees are not invalid merely because of defects or irregularity in appointment or vacancies (s 4E(1)-(2)). This protects the trustees’ decisions from being voided on technical governance grounds, while still imposing removal and disclosure duties.

Who enforces

• On-site enforcement is primarily implemented by authorised officers under the Conservation, Forests and Lands Act 1987 for Land Act 1958 purposes, officers or servants of the trustees, and police officers with powers to warn, apprehend and prosecute (s 6(5)-(6)). The trustees themselves are empowered to make regulations, but enforcement of those regulations is delegated to these statutory officers.

The Act therefore combines criminal penalties for unauthorised commercial exploitation of the Shrine’s image and site regulation breaches, administrative obligations and Ministerial oversight, and board-level removal and vacancy rules to deliver a multi‑layered enforcement scheme. The Act specifies enforcement powers and penalties but does not set monetary values for penalty units within its text.

The Act interlocks with multiple other statutes and constitutional instruments. The Act incorporates definitions, confers and receives delegated enforcement powers, subjects the trustees to a general public-sector governance statute, and preserves certain arrangements from earlier land‑law Acts via transitional provisions.

Statutory definitions and cross-references

• Veterans Act 2005: The Act imports definitions of "naval, military or air forces" and "service or duty" from the Veterans Act 2005 (s 1A). That means eligibility and role descriptors for trustees (for example, the requirement that the chair be someone engaged in service or duty) are measured against definitions in the Veterans Act.
• Victoria Police Act 2013: The Act imports the meaning of "police officer" from the Victoria Police Act 2013 (s 1A), which is relevant for enforcement provisions in s 6 that give police powers to apprehend and prosecute.
• Crown grant and Order in Council: The Act acknowledges the Crown grant (volume 5876 folium 006) and the Order in Council dated 23 October 1933 as foundational instruments for the reserved land and site designation (preamble, s 1A definitions). Notably, s 2A displaces certain restrictions in the Order in Council and Crown grant by expressly allowing undercroft improvements after required approvals.

Public Administration Act 2004

• Application of PAA: The Public Administration Act 2004 applies to the trustees as if they were a public entity but not a small entity (s 3(4)). That imports administrative law obligations and governance principles from the PAA, including potentially obligations under Part 5 of the PAA (the note indicates Part 5 commenced 1 July 2005). The Act’s application of the PAA places trustees within a broader public-sector regulatory and accountability framework.

Conservation, Forests and Lands Act 1987 and Land Act 1958

• Enforcement officers: The Act references authorised officers appointed under the Conservation, Forests and Lands Act 1987 for the purposes of the Land Act 1958 in relation to enforcement powers for regulations made under s 6 (s 6(5)-(6)). This creates a cross‑statutory enforcement chain whereby officers appointed under one statute can exercise powers to enforce regulations made under this Act.

Melbourne Market and Park Lands Act 1933

• Transitional preservation: Section 10(3) preserves, despite amendments made by the Shrine of Remembrance Amendment Act 2011, the reservation status and committee-of-management appointment created under sections 4(4) and 4(5)(b) of the Melbourne Market and Park Lands Act 1933 for certain lands other than the reserved land. That ensures amendments to this Act in 2011 did not unintentionally disturb existing reservations or committee appointments for adjacent or related parklands (s 10(3)).

Surveyor‑General and Governor in Council approvals

• Undercroft development: The process to approve undercroft development requires a plan of survey signed by the Surveyor‑General and a Minister recommendation before the Governor in Council may approve the plan and development subject to terms and conditions (ss 2B(1)-(2)). This embeds executive approvals and technical survey certification as prerequisites to any significant structural development below or above ground level.

Regulations and criminal enforcement

• Gazette publication and enforcement: Regulations made under s 6 require publication in the Government Gazette (s 6(2)) and enforcement may be undertaken by officers appointed under other statutes or police officers (s 6(5)-(6)). That situates the Act’s on-site regulatory regime within ordinary administrative and criminal enforcement channels.

Penalty units regime and Monetary Units Act

• Penalty units: The Act expresses fines as penalty units (s 5(1); s 6(3)-(4)). The Act’s endnotes record amendments by the Monetary Units Act 2004 over penalty‑unit references. The actual monetary value of a penalty unit is governed elsewhere and is not specified in the Act text; hence the monetary conversion is by reference to the general penalty unit regime.

Interplay of trustee powers and Ministerial controls

• Delegation restrictions and Minister approval: Trustees may delegate powers but only with the Minister’s approval (s 4B). The Minister can give directions that trustees must follow (s 4A). Those provisions create a statutory relationship where trustees exercise powers that may be constrained or redirected by Ministerial oversight and approvals, aligning the trustees’ autonomy with public administration norms under the PAA.

Other legislation and administrative instruments

• The Act expects that other administrative instruments and agreements will be used: s 7A contemplates agreements or memoranda of understanding between trustees and Melbourne City Council on services, water supply, grants and decision-making. These agreements will interact with local government law and financial-management regimes.

Taken together, the Act is not stand-alone: it is integrated into Victoria’s legislative ecosystem through imported definitions, enforcement roles under other Acts, executive approvals via the Governor in Council, and administrative oversight via the Public Administration Act 2004. Practitioners must therefore consult the PAA, Veterans Act, relevant gas and market legislation, and local government law to understand full compliance and operational implications.

The Act has been subject to multiple amendments since assent in 1978. The endnotes list amending Acts and relevant provisions and dates. The following are principal amendments reflected in the consolidated text and endnote table.

Early revisions and statutory housekeeping

• Statute Law Revision (Repeals) Act 1982 (No. 9863/1982) , 5 January 1983: This is recorded in the table of amendments as affecting the Act; specific sections repealed appear in the schedule notes.
• Statute Law Revision Act 1984 (No. 10087/1984) , assented 22 May 1984: inserted or amended discrete subsection numbering (s 3(1) amendment reference).

Sectoral amendments and consequential public-sector adjustments

• State Bank (Further Amendment) Act 1986 (No. 83/1986) , s 4 on 3 December 1986: listed in the table of amendments.
• Conservation, Forests and Lands Act 1987 (No. 41/1987) , amendments effective 1 July 1987: amended s 6 and related enforcement provisions by linking authorised officers under the Conservation, Forests and Lands Act 1987 to the enforcement regime (s 6(5)-(6)).

Gas supply and utilities changes

• Gas Industry Act 1994 (No. 112/1994) , s 114 and Sch. 5 item 10 on 20-22 December 1994: affected s 8 concerning gas supply for the perpetual flame.

Minor and omnibus adjustments

• Miscellaneous Acts (Omnibus Amendments) Act 1995 (No. 100/1995) , effected in December 1995 (s 32): contains omnibus amendments across statutes.
• Monetary Units Act 2004 (No. 10/2004) , amendments effective 1 July 2004: updated penalty items and monetary expressions to penalty units where relevant (s 5 and s 6 amendments cited).

Structural and governance overhaul (1999 and later)

• Shrine of Remembrance (Amendment) Act 1999 (No. 31/1999) , assented 1 June 1999, operative mostly 1 October 1999: This amendment restructured Part 2 substantially. It inserted Part headings (Pt 1, Pt 2, Pt 3), created provisions for undercroft development (ss 2A-2B), substantially revised trustee appointment and governance provisions (ss 3, 4 and the new provisions ss 4A-4K), allowed delegation with Minister approval (s 4B), introduced Governors and Life Governors (ss 4H-4I), and added business plan and reporting obligations (s 4K). Transitional provisions (s 9) dealt with reconstitution resulting from the 1999 amendments.

• Shrine of Remembrance Amendment Act 2011 (No. 4/2011) , assented 29 March 2011 and generally commenced 1 September 2011: The 2011 amendments further adjusted trustee composition, added s 1B (primary role), modified powers and functions (s 4(1AA)), updated definitions in s 1A, adjusted delegation and appointment terms (ss 4B-4C), set transitional protections (s 10), and preserved continuity of the trustees’ corporate identity despite changes. Section 10 of the Act contains transitional provisions preserving decisions and appointments across the reform.

Public lands and parks legislation interplay

• Parks and Crown Land Legislation Amendment Act 2013 (No. 79/2013) , assented 17 December 2013, operative 18 December 2013: amended trustee quorum and other governance provisions (ss 42, 43) and notes the Public Administration Act application (s 3(4) updates and related notes).

Policing and sovereign references

• Victoria Police Amendment (Consequential and Other Matters) Act 2014 (No. 37/2014) , s 10 amendments effective 1 July 2014: inserted definition of "police officer" into s 1A and updated cross-references for enforcement powers.

• Statute Law Amendment (References to the Sovereign) Act 2023 (No. 25/2023) , assented 5 September 2023 and effective 6 September 2023: minor definitional updates to reflect references to the Sovereign and modernised style.

Key structural consequences across amendments

• The 1999 rewrite is the most consequential structural overhaul, establishing contemporary trustee governance, business-plan obligations, statutory delegation routines, governance safeguards (disclosure, quorum, meetings), and the formal capacity for undercroft development (ss 2A-2B, ss 4A-4K). The 2011 amendments adjusted appointment terms, reinforced the trustees’ overarching functions (s 4(1AA)), and preserved continuity of decisions and appointments through transitional provisions (s 10).

• Later amendments largely refined interactions with other statutes (Public Administration Act 2004, Conservation, Forests and Lands Act 1987, Victoria Police Act 2013), updated penalty expressions and clarified enforcement mechanics.

The endnotes’ Table of Amendments lists each amending Act, assent and commencement dates and the state of those amendments. Practitioners reviewing historical decisions or governance arrangements should cross-check the operative dates in the endnote table because transitional provisions in ss 9-10 preserve continuity when trustee composition or statutory wording changed.

The text provided contains no case law, reported decisions or judicial interpretations. The endnotes under "3 Explanatory details" state "No entries at date of publication." The Act itself does not cite any judicial decisions. The schedules and endnotes record legislative amendment history but not litigation.

Accordingly, within this consolidated Act text there is no litigation history recorded. Users seeking judicial interpretation, declaratory relief, or authority on disputes arising under the Act (for example, scope of trustees’ powers to charge fees, the ambit of the prohibition in s 5, or the scope of Ministerial directions in s 4A) will need to search reported Victorian court decisions and administrative tribunal records externally because this version of the Act contains no such decisions or references.

Note on evidentiary use: The Act contains transitional provisions that preserve the validity of prior trustees’ actions despite reconstitution (s 9(2), s 10(1)-(2)), potentially reducing the grounds for litigating validity of acts on appointment-defect grounds. Section 4E expressly provides that acts are not invalid merely because of defects in appointment or vacancies (s 4E(1)-(2)), which narrows typical procedural challenge points. Any litigation concerning trustee decisions is therefore likely to have to engage substantive review principles (eg, procedural fairness under the Public Administration Act 2004 or judicial review) rather than simple invalidity on appointment technicalities.

Because the Act places trustees within the Public Administration Act 2004 framework (s 3(4)), litigation that raises issues under public administration law (eg, compliance with PAA obligations, review of administrative action, freedom‑of-information matters) may engage PAA-derived duties and any jurisprudence interpreting them.

In summary, the consolidated statute contains no internal litigation history or cited cases; practitioners must consult case law databases and tribunal records to identify any judicial consideration of this Act.

This Act contains several provisions that can catch practitioners, administrators and commercial parties unaware if they do not read carefully; these are not normative judgments but practical attention points derived from the text.

Exclusive commercial rights and a narrow offence: Section 4(1)(b) grants trustees exclusive rights to provide and sell, and authorise manufacture, printing, publishing, display and sale of replicas and related materials. Section 5(1) makes unauthorised commercial activity an offence with a penalty of up to 2 penalty units. The exceptions in s 5(2) are narrowly drafted. A commercial operator producing souvenirs, prints or other merchandise linked to the Shrine needs trustees’ written authorisation or risks an offence. Even printers and publishers have limited protection only where the item is part of a newspaper or not principally about the Shrine (s 5(2)(b)-(c)). This exclusivity can be binding on otherwise legitimate businesses.

Ministerial control over trustees: The Minister can issue written directions that trustees must follow and that must be disclosed in the annual report (s 4A(1)-(3)). Trustees must submit business plans in a Minister-approved form and consult on Ministerial comments (s 4K(1)-(7)). Delegations of trustees’ powers require Minister approval (s 4B). Practically, trustees’ operational independence is bounded by administrative oversight mechanisms that are exercised by the Minister and the Governor in Council.

Business-plan confidentiality and operational transparency tension: The business plan must be delivered to the Minister in a Minister‑approved form, and publication or making available of the plan is prohibited without prior approval of the trustees and the Minister (s 4K(8)). That limits public transparency of strategic documents and can complicate scrutiny by stakeholders, partners or funders.

Undercroft development requires multiple approvals: Improvement of undercroft land for galleries is subject to a technical flow: plan of survey signed by the Surveyor‑General; Minister satisfaction and recommendation; Governor in Council approval published in the Gazette; and then trustees may improve the undercroft in accordance with that approval (ss 2B(1)-(2), 2A). This creates potential project delay and multiple decision points.

Council cost burden and design control: The Melbourne City Council bears all costs for improvement and maintenance of parks and gardens on reserved land (other than monuments and memorials) and must not alter design or layout without the trustees’ written consent (s 7B(1)-(2)). That bifurcates responsibility (Council pays, trustees control design) , operationally the Council funds works but needs trustees’ consent for design changes, potentially creating negotiation points and timing issues for maintenance or upgrades.

Conflict-of-interest reporting nuances: Trustees must disclose interests and not vote or participate in discussion (s 4G(1)-(6)). However, s 4G(3) exempts a trustee appointed under s 3(1)(b) from disclosure obligations in relation to services provided by the Council under ss 7, 7A or 7B. That creates a limited carve-out for a trustee representing the Council and may raise perceived conflict concerns in situations where the trustee participates in matters where the Council is a service provider.

Penalties expressed in penalty units: The Act uses penalty units for offences (s 5(1), s 6(3)-(4)). The Act does not set the monetary value of a penalty unit; the applicable amount is set elsewhere in legislation. Parties relying on the dollar magnitude of penalties must check the current penalty‑unit value and indexing rules.

Enforcement reliance on other statutes for authorised officers: Enforcement under s 6 relies on authorised officers appointed under the Conservation, Forests and Lands Act 1987 for Land Act 1958 purposes (s 6(5)-(6)). If those appointment mechanisms change or authorised officer powers are altered, the Act’s enforcement practicalities are affected. Practitioners should confirm current appointment and powers regimes for authorised officers when planning enforcement actions.

Validity protected against technical challenges: Section 4E declares that acts or decisions of the trustees are not invalid merely because of irregularities in appointment or vacancies, and actions done by persons purporting to act are not invalid for defects in appointment (s 4E(1)-(2)). This limits procedural challenges on validity; litigation will likely have to focus on substantive legal limits, Ministerial direction compliance or statutory powers rather than appointment technicalities.

Public Administration Act overlay: The trustees are a public entity under the Public Administration Act 2004 (s 3(4)). That brings administrative‑law obligations and expectations into play, potentially including procurement, accountability, human-resources and other public-sector compliance requirements that are not detailed in this Act but flow from the PAA.

Business-plan publication prohibited without approvals: The trustees and Minister control disclosure of the business plan (s 4K(8)). Entities that expect to rely on published strategic plans for fundraising, sponsorship or partnership should be aware that the plan is not publicly available unless both the trustees and Minister assent.

Transitional preservation may limit retroactive challenges: The transitional provisions in ss 9-10 preserve the continuity of the trustees and their decisions when the trustee composition or the Act’s structure changed. That can limit argument strategies that seek to void past trustee actions solely because of reconstitution.

These practical traps are procedural and operational , they flow closely from the Act’s text and should be considered when advising clients on governance, licensing of Shrine-related merchandise, capital works in the undercroft, interactions with the Melbourne City Council, or enforcement actions on reserved land.

Compliance under this Act requires attention to governance processes, administrative obligations, statutory approvals, contractual arrangements, and regulatory constraints. The following is a practical checklist and steps , grounded in the Act’s provisions , for trustees, the Melbourne City Council, commercial partners and service providers.

For trustees (core governance and operational compliance)

1. Appointments and composition

   • Ensure trustee appointments follow s 3(1). The Minister nominates most trustees; confirm the chair nominee is a person with naval, military or air‑force service (s 3(1)(a), s 1A definitions referencing the Veterans Act 2005).
   • Maintain records of appointments, instruments specifying terms and conditions, remuneration (s 4C(1)-(5)) and any deputy chair appointment (s 3(5)-(6)).

2. Board procedures and records

   • Convene meetings per s 4F(1); ensure six trustees form a quorum (s 4F(3)).
   • Record minutes diligently and note any disclosures of interest; the presiding person must cause disclosures to be recorded (s 4G(4)).
   • Enforce the rule that any trustee with a disclosed interest must not participate in discussion or vote on the matter (s 4G(5)-(6)).

3. Disclosure and conflicts

   • Implement a formal conflicts register and process to capture direct or indirect pecuniary interests and any offices or property that could create conflicts (s 4G(1)-(2)).
   • Note the s 4G(3) carve-out applying to the trustee appointed under s 3(1)(b) in relation to Council services; consider additional governance safeguards to manage perceptions of conflict.

4. Business plan and Minister engagement

   • Prepare an annual business plan in the Minister‑approved form by the date the Minister determines (s 4K(1)-(2)).
   • Include corporate intent, main undertakings, activities, accounting policies and performance measures and financial statements as required by the Minister (s 4K(4)(a)-(b)).
   • Consider and consult in good faith with the Minister following any comments and deliver the agreed plan within three months of initial submission (s 4K(5)-(7)).
   • Be aware that publication of the business plan is restricted without trustees’ and Minister’s approval (s 4K(8)); obtain approvals before sharing externally.

5. Compliance with Ministerial directions

   • Implement processes to receive, record and comply with written directions from the Minister (s 4A(1)-(3)). Include any directions in the annual report and maintain evidence showing compliance.

6. Delegations and staffing

   • Any delegation of trustee powers must be by instrument in writing and requires Minister approval; maintain delegation registers and written instruments (s 4B).
   • Recruit and contract staff consistent with s 4J and any Public Administration Act obligations (s 3(4)).

7. Funds and revenue

   • Apply all funds only for purposes of carrying the Act into effect (s 4(2)-(3)).
   • If receiving Treasurer or Council funds, manage those funds within trustees’ accounts with appropriate accounting and auditing procedures in line with PAA obligations and the business plan statements (s 4(3)).

8. Commercial licensing and replicas

   • Before authorising manufacture, printing, publishing or sale of replicas or related materials, grant written authority and record licence terms (s 4(1)(b), s 5(1)).
   • Enforce exclusive rights and monitor the market for unauthorised commercial activity; engage legal counsel early when asserting rights given s 5’s criminal offence.

9. Regulation drafting and enforcement

   • If proposing regulations, follow s 6(1) and seek Governor in Council approval; ensure publication in the Government Gazette (s 6(2)).
   • Coordinate with authorised officers and police in relation to enforcement procedures under s 6(5)-(6).

For Melbourne City Council

1. Service provision and agreements

   • Provide secretarial and administrative services required by trustees (s 7). Formalise scope, performance expectations and resourcing in written agreements or memoranda under s 7A.
   • Use s 7A to set out roles on committees, water supply, grants, and consultation mechanisms.

2. Parks and gardens responsibilities

   • Maintain and improve parks and gardens on the reserved land other than monuments and memorials and meet all costs associated with those works (s 7B(1)(a)-(b)).
   • Obtain trustees’ written consent before altering design or layout of reserved land (s 7B(2)).

3. Coordination with trustees

   • Establish processes for timely consent requests, shared timelines for works, and dispute resolution clauses in agreements under s 7A to reduce friction where Council funding and trustee consent are needed.

For commercial partners, publishers and souvenir producers

1. Seek written authority

   • Before manufacturing, printing, publishing, displaying or selling Shrine-related replicas, photographs or merchandise, obtain trustees’ written authority; absence of it may constitute an offence (s 5(1) and s 4(1)(b)).
   • Document the authority scope and any licence fees, royalties or quality control requirements.

2. Beware exceptions’ limits

   • Understand the narrow scope of statutory exceptions in s 5(2); reliance on an exception (eg, newspaper inclusion) should be verified against the Act’s wording.

For developers and project managers (undercroft development)

1. Plan and approval sequence

   • Commission a survey plan and secure the Surveyor‑General’s signature, seek Minister satisfaction and recommendation, then obtain Governor in Council approval published in the Government Gazette before commencing development (ss 2B(1)-(2), 2A).
   • Incorporate any terms and conditions imposed by the Governor in Council into design and funding plans.

2. Fees and access management

   • If entry fees are planned for undercroft galleries, structure concessional fees and exemption mechanisms in accordance with s 4(1)(ca)(i)-(iii), and include fee arrangements in the business plan for Ministerial review (s 4K).

For enforcement officers and police

1. Understand authorised officer powers

   • Confirm appointment status under the Conservation, Forests and Lands Act 1987 for Land Act 1958 purposes; those appointments enable warning, apprehension and prosecution under s 6(5)-(6).

2. Process for on-site apprehension

   • When enforcing regulations, follow the statutory warning-first requirement; apprehension is permissible where a person persists after warning (s 6(5)). Ensure proper charge documentation and presentation before a justice.

Cross-cutting compliance considerations

• Record-keeping and transparency: Keep comprehensive minutes, financial records and business-plan documentation. The PAA application (s 3(4)) suggests additional public-sector compliance obligations on procurement, records and reporting.
• Legal counsel for enforcement and licensing: Use counsel to draft authority/licence agreements for replicas and to pursue unauthorised use, since remedies may involve criminal prosecutions under s 5 and civil enforcement.
• Monitor amendments and penalty-unit values: Because penalties are stated in penalty units (s 5(1), s 6(3)-(4)), monitor the current value of a penalty unit and any legislative changes affecting penalty units or enforcement powers.
• Transitional awareness: If a trustee is appointed or reappointed close to amendment commencement dates, refer to ss 9-10 for transitional continuity rules.

Following these steps will align actions with the Act’s governance architecture, reporting and approval chains, and enforcement mechanisms. Practical compliance rests on careful record-keeping, timely Ministerial engagement, written licences and agreements, and coordination with the Melbourne City Council and authorised officers.