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Short title [see Note 1]
1 Short title [see Note 1]
This Act may be cited as the War Graves Act 1980.
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Commonwealth act
This Act creates the statutory office of Director of War Graves to administer the Department’s responsibilities for war graves, cemeteries and memorials in Australia and overseas. The Director works under the Department Secretary and is supported by Department staff. Appointments, pay and removal are decided by executive bodies (Governor‑General, Minister, Remuneration Tribunal) and the Secretary must provide an annual report to Parliament, so the Act sets out the administrative, remuneration and reporting rules that govern management of war‑grave responsibilities (ss.2–13).
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Direct links to the current provisions in War Graves Act 1980.
This Act may be cited as the War Graves Act 1980.
(1) In this Act, unless the contrary intention appears:
Director means the Director of War Graves.
Secretary means the Secretary of the Department.
(2) A reference in this Act to war graves shall be read as including a reference to all graves, cemeteries and memorials in respect of which the Department has responsibilities.
There shall be a Director of War Graves.
The Director shall, under the Secretary, administer, on behalf of the Department, both in and outside Australia, matters relating to the responsibilities of the Department in respect of war graves.
(1) The Director shall be appointed by the Governor‑General. (2) Subject to this Act, the Director holds office for such period, not exceeding 3 years, as is specified in the instrument of his or her appointment, but is eligible for re‑appointment. (4) The Director holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor‑General.
(1) The Director shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he or she shall be paid such remuneration as is prescribed. (2) The Director shall be paid such allowances as are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973.
(1) The Director has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Minister may grant the Director leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.
The Director may resign his or her office by writing signed by him or her and delivered to the Governor‑General.
(1) The Governor‑General may terminate the appointment of the Director for misbehaviour or physical or mental incapacity. (2) If the Director: (a) engages in paid employment outside the duties of his or her office without the approval of the Minister; (b) is absent from duty except on leave of absence for 14 consecutive days or for 28 days in any 12 months; or (c) becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; the Governor‑General shall terminate his or her appointment.
The Minister may appoint a person to act as Director: (a) during a vacancy in the office of Director, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Director is absent from duty or from Australia or is, for any reason, unable to perform the functions of his or her office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
The staff necessary to assist the Director shall be officers of, or performing duties in, the Department or employees employed in the Department.
(1) The Secretary shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the operations of the Department in relation to war graves during the 12 months ending on that date. (2) The Minister shall cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by him or her.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the War Graves Act 1980.
(1) In this Act, unless the contrary intention appears:
Director means the Director of War Graves.
Secretary means the Secretary of the Department.
(2) A reference in this Act to war graves shall be read as including a reference to all graves, cemeteries and memorials in respect of which the Department has responsibilities.
There shall be a Director of War Graves.
The Director shall, under the Secretary, administer, on behalf of the Department, both in and outside Australia, matters relating to the responsibilities of the Department in respect of war graves.
(1) The Director shall be appointed by the Governor‑General. (2) Subject to this Act, the Director holds office for such period, not exceeding 3 years, as is specified in the instrument of his or her appointment, but is eligible for re‑appointment. (4) The Director holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor‑General.
(1) The Director shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he or she shall be paid such remuneration as is prescribed. (2) The Director shall be paid such allowances as are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973.
(1) The Director has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Minister may grant the Director leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.
The Director may resign his or her office by writing signed by him or her and delivered to the Governor‑General.
(1) The Governor‑General may terminate the appointment of the Director for misbehaviour or physical or mental incapacity. (2) If the Director: (a) engages in paid employment outside the duties of his or her office without the approval of the Minister; (b) is absent from duty except on leave of absence for 14 consecutive days or for 28 days in any 12 months; or (c) becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; the Governor‑General shall terminate his or her appointment.
The Minister may appoint a person to act as Director: (a) during a vacancy in the office of Director, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Director is absent from duty or from Australia or is, for any reason, unable to perform the functions of his or her office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
The staff necessary to assist the Director shall be officers of, or performing duties in, the Department or employees employed in the Department.
(1) The Secretary shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the operations of the Department in relation to war graves during the 12 months ending on that date. (2) The Minister shall cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by him or her.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.