ELIZABETH R
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 ALL to whom these Presents shall come:
GREETING:
WHEREAS by Letters Patent dated 14 February 1975, We instituted certain Australian decorations for the purpose of according recognition to persons who perform acts of bravery.
AND WHEREAS, by those Letters Patent, We ordained that the award of the decorations be governed by the Regulations Governing the Award of the Australian Bravery Decorations set out in the Schedule to the Letters Patent:
AND WHEREAS it is desirable that certain amendments of the Regulations be made:
KNOW YOU that We do, by these Presents, declare Our pleasure that the Letters Patent dated
14 February 1975, as amended by Letters Patent dated 17 November 1987, Letters Patent dated
5 March 1990 and Letters Patent dated 5 March 1998, be further amended, but without prejudice to anything lawfully done thereunder, as set out in the Schedule.
IN WITNESS whereof We have caused these Our Letters to be made Patent.
GIVEN under the Great Seal of Australia at Our Court at St James’s on 25 August 1998
By Her Majesty’s Command,
JOHN HOWARD
Prime Minister
Schedule
Amendments of the Regulations Governing the Award of Australian Bravery Decorations
1. Heading before regulation 7
1.1 Omit the heading, substitute “Australian Bravery Decorations Council”.
2. Regulation 7
2.1 Subregulation 7 (1):
Omit “Australian Decorations Advisory Committee, hereinafter called ‘the Committee’,”, substitute “Australian Bravery Decorations Council (‘the Council’),”.
2.2 Paragraph 7 (1) (c):
Omit the paragraph, substitute:
“(c) 12 persons appointed by the Governor-General, of whom:
(i) 4 shall be nominated by the Prime Minister and
(ii) one each shall be nominated by each of the States, the Northern Territory of Australia and the Australian Capital Territory.”.
3. Further amendments (change of references to Committee)
3.1 From the following provisions omit “Committee”, substitute “Council”:
(a) provisions in which “Committee” occurs only once:
Subregulation 7 (2), subregulation 9 (1), subregulations 14 (2) and (3);
(b) Provisions in which “Committee” occurs more than once:
Subregulations 7 (3) and (4), regulation 8, subregulation 9 (2) and regulation 11.
Overview
The Regulations Governing the Award of the Australian Bravery Decorations, enacted under the Letters Patent issued by Queen Elizabeth II on 25 August 1998, aim to provide a framework for recognising acts of bravery by individuals in Australia. The primary objective of these regulations is to ensure that bravery awards are bestowed in a manner that reflects the highest standards of integrity and fairness. This legislation, issued by the Commonwealth of Australia and administered by the Governor-General, was introduced to address the need for an updated and more inclusive body to oversee the award of bravery decorations, replacing the previous Australian Decorations Advisory Committee with the Australian Bravery Decorations Council. The policy objective is to foster a more representative and comprehensive approach to recognising acts of bravery across the nation.
Scope and Application
The Regulations Governing the Award of Australian Bravery Decorations, as amended by Letters Patent dated 25 August 1998, apply to the process of awarding decorations for acts of bravery within Australia. This legislation governs the functions and composition of the Australian Bravery Decorations Council, replacing the Australian Decorations Advisory Committee. The Council consists of 12 members appointed by the Governor-General, with four nominated by the Prime Minister and one each from each state, the Northern Territory, and the Australian Capital Territory. The scope of the Council's responsibilities includes making recommendations to the Governor-General for the awarding of bravery decorations, thereby ensuring a national and inclusive representation in the evaluation and recognition of acts of bravery. The amendments to the Regulations clarify and update the administrative framework for bravery recognition, ensuring it aligns with contemporary governance practices and structures.
Key Provisions
The main operative sections of this legislation concern amendments to the Regulations Governing the Award of Australian Bravery Decorations, as instituted by Letters Patent dated 14 February 1975. Specifically, the amendments update the name and composition of the advisory body responsible for overseeing bravery awards, replacing the "Australian Decorations Advisory Committee" with the "Australian Bravery Decorations Council" (regulations 71.1 and 72.1). The new Council comprises 12 members: four nominated by the Prime Minister and one each by the States, the Northern Territory, and the Australian Capital Territory, appointed by the Governor-General (subregulation 7 (1) (c)). Furthermore, references to the former Committee throughout the regulations are replaced with references to the Council (regulation 3.1).
The Act imposes several obligations and requirements on the Australian Bravery Decorations Council. Firstly, the Council must be composed as specified, with members appointed by the Governor-General based on nominations from the Prime Minister and the respective territories. The Council's responsibilities include providing recommendations and advice on the award of bravery decorations, ensuring the integrity and standards of the awards process, and generally overseeing the administration of the awards scheme. The Council must operate in accordance with the provisions of the amended regulations, which outline its structure, functions, and procedures.
Failure to comply with the provisions of the amended regulations can lead to various civil and criminal consequences. While the specific offences and penalties are not detailed within the text, breaches of the regulations governing the award of bravery decorations could potentially lead to legal action under the relevant Acts or common law principles. This might include actions for misfeasance in public office, breach of statutory duty, or other applicable offences, depending on the nature and severity of the breach. Penalties could range from fines to imprisonment, depending on the jurisdiction and the specific offence committed. It is essential for the Council to adhere to the requirements set out in the regulations to avoid any legal repercussions.