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The Shrine of Remembrance Act 1978

The Shrine of Remembrance Act 1978 establishes the Shrine of Remembrance Trustees with the responsibility for the care, management, maintenance and preservation of the Shrine and its Reserve on behalf of the people of Victoria.

The Minister for Veterans is the Minister responsible for the Shrine of Remembrance Act 1978 (the Act).

The Act provides guidance to Trustees on their duties and overarching functions. The Act was amended in September 2011 to include the following core functions in the powers and duties of Trustees:

(a) responsibility for the care, management, maintenance and preservation of the Shrine of Remembrance –

(i) as a memorial to honour the service and sacrifice of Victorians and Australians in war, conflict, peacekeeping and peacemaking; and

(ii) as a site of national, State and cultural significance; and

(b) the development, promotion, management and the staging of ceremonial activities and events to commemorate the service and sacrifice of Victorians and Australians in war, conflict, peacekeeping and peacemaking, including, but not limited to, wreath laying and other ceremonial or commemorative activities; and

(c) the development, promotion, management and implementation of public programs to inform, educate and promote understanding among Victorians and visitors about the history, experience, service and sacrifice of Victorians and Australians in war, conflict, peacekeeping and peacemaking, including, but not limited to, exhibitions, lectures, publications, school learning and outreach programs. Ten Trustees are appointed by the Governor in Council on the recommendation of the Minister.

The Trustees act as a body corporate whose powers and duties are outlined in Section 4 of the Act, which states:

(1) The trustees –

(a) shall be responsible for the care, management, maintenance and improvement of the reserved land;

(b) may to the exclusion of all other bodies or persons –

(i) provide and sell; and

(ii) authorise the manufacture, printing, publishing, display and sale of replicas, photographs, booklets, pamphlets and other like matter relating to the said monument;

(c) may receive moneys by way of –

(i) collections or donations;

(ii) proceeds of sales by the trustees of such replicas, photographs, booklets, pamphlets and other like matter; or

(iii) fees for authorities granted by the trustees for the manufacture, printing, publishing, display and sale of such replicas, photographs, booklets, pamphlets and other like matter – for the funds of the trustees;

(ca) in relation to the undercroft land –

(i) may charge fees for entry into the undercroft land, including concessional fees; and

(ii) may determine the mechanisms for charging concessional fees; and

(iii) may exempt in a specified case or class of case any person or class of persons from payment of fees;

(d) have and shall be deemed always to have had power to pay out of the funds of the trustees such gratuities or retiring allowances as they think fit to such persons as they think fit being persons who are or have been employed by them for the purposes of carrying into effect the provisions of this Act.

(1A) Without limiting any power, duty or function under this Act, the trustees may carry out the powers, duties and functions of the trustees under this section –

(a) within the Shrine of Remembrance; and

(b) elsewhere on the reserved land; and

(c) in places in Victoria other than at the Shrine of Remembrance or on the reserved land.

(2) Any funds of the trustees provided pursuant to the provisions of this Act or any Act hereafter enacted shall be available only for the purposes of carrying into effect the provisions of this Act.

(3) Any moneys received by the trustees whether from the Treasurer of Victoria or the Melbourne City Council or as the result of public subscriptions or otherwise shall be paid into the funds of the trustees and shall be applied for the purpose of carrying into effect the provisions of this Act.

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