Document ID: chunk:federal_register_of_legislation:F2023L00437:body:0:p87
Version: federal_register_of_legislation:F2023L00437
Segment Type: other
Provision Reference: 
Character Range: 257052–260073

management of the AWM derive from:

      * the nature of and obligations arising from its heritage values, which are embodied in the tangible fabric, setting and context of the building, landscape and collections, but also in the intangible associations and symbolic meanings of the place;

      * the legislation that governs its management, principally the EPBC Act and its Regulations and the Australian War Memorial Act 1980, but also the Australian Capital Territory (Planning and Land Management) Act 1988 and the National Capital Plan (NCP);

      * the vision and priorities of the Memorial, as identified by the board and staff; and

      * the requirements and aspirations of the AWM's users, visitors and broader stakeholder community.

    5.2   The Legislative and Management Framework

    5.2.1  Australian War Memorial Act 1980 (Cth)

 The Memorial is a statutory authority within the Veterans' Affairs portfolio and functions in accordance with the requirements of the Australian War Memorial Act 1980 (Cth), the Commonwealth Authorities Companies Act 1987 (Cth), and other applicable acts. The functions of the Memorial are set out in the Australian War Memorial Act 1980 as follows:

     (1) The functions of the Memorial are:

     (a) to maintain and develop the national memorial referred to in subsection 6(1) of the Australian War Memorial Act 1962 as a national memorial of Australians who have died:

         (i) on or as a result of active service; or

         (ii) as a result of any war or warlike operations in which Australians have been on active service;

     (b) to develop and maintain, as an integral part of the national memorial referred to in paragraph (a), a national collection of historic material;

     (c) to exhibit, or to make available for exhibition by others, historical material from the memorial collection or historical material that is otherwise in the possession of the Memorial;

       (d) to conduct, arrange for and assist in research into matters pertaining to Australian history; and

       (e) to disseminate information relating to:

         (i) Australian military history;

           (ii) the national memorial referred to in paragraph (a);

           (iii)             the memorial collection; and

           (iv)            the Memorial and its functions.

      (2) The Memorial shall use every endeavour to make the most advantageous use of the memorial collection in the national interest.1

   This legislation means that the function of the AWM as a heritage place and as an institution are clearly articulated in law. Any change to the use would therefore require amendment of this legislation. Amendments in the past have expanded the commemorative scope of the AWM, which originally encompassed only World War I, to include all conflicts and military service involving Australians.

   The heritage management needs of the AWM as a National and Commonwealth Heritage place are compatible with this Act. However, the requirement for