COMMONWEALTH OF AUSTRALIA
ELIZABETH THE SECOND, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth:
TO The Honourable Albert Edward Woodward, O.B.E.
GREETING:
WE DO by theses Our Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council and in pursuance of the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902 and other enabling powers, appoint you to be a Commissioner to inquire, for the purpose of the exercise and performance of the powers and functions of the Parliament and Government of the Commonwealth, into the following matters, namely -
(a) whether administrative arrangements and procedures for the supervision of the handling of meat for export are adequate to ensure that all meat exported from Australia meets the requirements prescribed by law;
(b) whether malpractices are occurring, or have occurred, in the handling of meat for export or the exportation of meat;
(c) allegations made, whether in public or to a Minister, department or authority of the Commonwealth, of malpractices alleged to have occurred during the past ten years, in the handling of meat for export or in the exportation of meat;
(d) whether such allegations were dealt with in a manner that was adequate and effective;
(e) whether in response to such allegations, any illegality or corruption occurred.
AND We direct you to make such recommendations arising out of your inquiry as you think appropriate, including recommendations regarding the legislative or administrative changes, if any, that are necessary or desirable:
AND We declare that, notwithstanding any other provision of these Our Letters Patent, you are authorized, at your discretion, to defer your inquiry into any matter that is the subject of a police investigation or of criminal proceedings in a court:
AND We further declare that if Our Governor-General of the Commonwealth of Australia so approves, you may conduct your inquiry into any matter under these Our Letters Patent in combination with any inquiry into the same or related matters that you are directed or authorized to make by any Commission issued, or in pursuance of any order or appointment made, by any of Our Governors of the States:
AND We require you as expeditiously as possible to make your inquiry and -
(f) if you consider it appropriate to do so, to furnish to Our Governor-General of the Commonwealth of Australia an interim report or interim reports of the results of your inquiry; and
(g) not later than 1 September 1982 or such later date as We may be pleased to fix, to furnish to Our Governor-General of the Commonwealth of Australia a report of the results of your inquiry and your recommendations.
WITNESS His Excellency the Right Honourable Sir Zelman Cowen, a member of Her Majesty’s Most Honourable Privy Council, Knight of the Order of Australia, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Knight Grand Cross of the Royal Victorian Order, Knight of the Most Venerable Order of the Hospital of Saint John of Jerusalem, one of Her Majesty’s Counsel learned in the law, Governor-General of the Commonwealth of Australia and Commander-in-Chief of the Defence Force.
Dated this twelfth day of September 1981.
Governor-General
Overview
The Royal Commissions Act 1902 enables the Commonwealth to appoint a Royal Commissioner to investigate specific matters of public importance. The Letters Patent issued under this Act on 12 September 1981 appointed The Honourable Albert Edward Woodward to conduct a Royal Commission into allegations of malpractices in the handling of meat for export. The objective of this inquiry was to examine whether the administrative arrangements for meat export were adequate, to determine if malpractices had occurred, to assess the adequacy of the responses to allegations, and to identify any resulting illegalities or corruption. The Commissioner was tasked with making recommendations for legislative or administrative changes if deemed necessary. The Royal Commission was authorised to defer its inquiry into matters under police investigation or criminal proceedings and could combine its investigation with other related inquiries with the approval of the Governor-General. The Commission was required to submit an interim report if appropriate and a final report by 1 September 1982, or a later date as specified by the Governor-General.
Scope and Application
The Letters Patent issued under the authority of Queen Elizabeth II appoint a Commissioner to conduct an inquiry into several aspects of meat handling and export procedures in Australia. This inquiry applies to entities and individuals involved in the handling and exportation of meat, aiming to assess the adequacy of current administrative arrangements and procedures. The scope extends to examining whether malpractices have occurred in the past decade, evaluating the effectiveness of responses to related allegations, and determining if illegalities or corruption transpired. The geographic reach of this inquiry is national, as it concerns the entire meat export industry across Australia. The Commissioner has the discretion to defer inquiries that overlap with ongoing police investigations or criminal proceedings, and may combine this inquiry with other related investigations if approved by the Governor-General. The inquiry must be completed by 1 September 1982, with potential interim reports and a final report submitted to the Governor-General detailing findings and recommendations.
Key Provisions
The primary operative sections of the Letters Patent (section 1) establish the authority of the Commissioner, Albert Edward Woodward, to conduct an inquiry into specific matters regarding the handling and exportation of meat from Australia. The inquiry focuses on whether current administrative arrangements and procedures are sufficient to ensure meat exports meet legal requirements, whether malpractices have occurred, how allegations of such malpractices have been handled, and whether illegality or corruption arose from these allegations. Section 2 mandates the Commissioner to make recommendations for legislative or administrative changes if deemed necessary. Section 3 allows the Commissioner to defer inquiries if they overlap with police investigations or criminal proceedings. Section 4 permits the inquiry to be conducted in conjunction with any related inquiries authorised by state governors, subject to approval by the Governor-General of Australia. Section 5 requires the Commissioner to submit interim reports as appropriate and a final report by 1 September 1982, or a later date set by the Queen.
The obligations and requirements imposed on the Commissioner by this legislation are extensive and multifaceted. The Commissioner must thoroughly investigate the adequacy of administrative arrangements and procedures governing meat export, assess the occurrence and handling of malpractice allegations, and evaluate any instances of illegality or corruption. Section 2 also requires the Commissioner to provide recommendations based on the findings of the inquiry. The Commissioner has the discretion to defer inquiries that overlap with ongoing police investigations or criminal proceedings, ensuring that the integrity and outcomes of such proceedings are not compromised (section 3). Additionally, section 4 allows for collaboration with state-level inquiries if approved by the Governor-General, facilitating a comprehensive examination of the issues at hand.
Failure to comply with the obligations and requirements set forth in the Letters Patent can lead to various legal consequences. While the specific offences, penalties, or consequences for breach are not explicitly detailed in the text, the nature of the inquiry suggests that any non-compliance or obstruction of the investigation could potentially result in legal action. The Commissioner's role is critical, and any dereliction of duty or failure to adhere to the directives could be subject to judicial scrutiny and appropriate remedies. The overarching aim is to ensure a thorough and unbiased investigation into the specified matters, with the potential for legal repercussions for those who impede the process.