ELIZABETH R
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 Australian citizens and other persons who perform acts of bravery:
AND WHEREAS, by those Letters Patent, We ordained that the award of the decorations so instituted be governed by the Regulations set out in the Schedule to those Letters Patent:
AND WHEREAS it is desirable that those Regulations be further amended:
KNOW YOU that We do, by these Presents, declare Our pleasure that the abovementioned Letters Patent dated 14 February 1975, as amended by Letters Patent dated 17 November 1987, 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 5 March 1990
By Her Majesty’s Command,
BOB HAWKE
Prime Minister
Schedule
Amendment of the Regulations Governing the Award of Australian Bravery Decorations
1. Regulation 2 is amended:
(a) by omitting from paragraph (d) “or”;
(b) by omitting paragraph “(e)” and substituting the following paragraphs:
“(e) the Group Bravery Citation; or
(f) except in subregulation 12 (4), a bar to an award referred to in paragraph (a), (b) or (c).”.
2. Regulation 4 is amended by adding at the end the following subregulation:
“(5) The Group Bravery Citation shall be awarded for a collective act of bravery, by a group of persons in extraordinary circumstances, that is considered worthy of recognition.”.
Overview
The Australian Bravery Decorations (Amendment) Regulations 1990 (C2010Q00058) were enacted to amend the existing regulations governing the award of Australian bravery decorations, as initially instituted by Letters Patent dated 14 February 1975. This legislation aimed to refine and update the criteria and processes for recognising acts of bravery by Australian citizens and other individuals, ensuring that the honours system remains relevant and effective in recognising contemporary acts of courage. The Regulations were amended under the authority of the Queen, as advised by the Prime Minister, Bob Hawke, reflecting the commitment to maintaining the integrity and prestige of Australian bravery awards.
The policy objective of this legislation was to enhance the recognition of bravery by incorporating new categories of awards and clarifying the criteria for existing ones. This was achieved by amending the Letters Patent from 1975 and subsequent amendments in 1987, to update the regulations in response to evolving societal values and the nature of acts of bravery. The introduction of the Group Bravery Citation and the clarification of bars to awards were key changes that addressed the need to appropriately honour collective acts of bravery and to ensure that the awarding process was fair and comprehensive.
Scope and Application
The prerogative instrument, C2010Q00058, pertains to the Australian Bravery Decorations, which are instituted to recognise Australian citizens and others who demonstrate acts of bravery. This Act applies to individuals and groups who perform such acts, thereby qualifying for the awards and citations stipulated in the regulations. The geographic scope of the Act is national, covering all territories within Australia. The amendments outlined in the Schedule affect the eligibility criteria for receiving bravery decorations, including the introduction of the Group Bravery Citation, which recognises collective acts of bravery under extraordinary circumstances. The amendments also adjust the conditions under which bars to awards can be conferred. Notably, the regulations can be further extended or restricted through subordinate instruments, ensuring the adaptability of the awards system to evolving circumstances. The Act does not explicitly state exclusions, exemptions, or thresholds, but it is implied that the criteria for bravery and the nature of the acts recognised must meet the standards set by the regulations.
Key Provisions
The main operative sections of the C2010Q00058 (Prerogative instrument) focus on the amendment of the Regulations Governing the Award of Australian Bravery Decorations. Regulation 2 is amended by altering paragraph (d) and omitting specific phrases, while also replacing paragraph (e) with new subparagraphs (e) and (f) (Regulation 2(a)-(b)). Additionally, a new subregulation is introduced in Regulation 4, detailing the award criteria for the Group Bravery Citation (Regulation 4(5)). This citation is intended for recognition of collective bravery by a group under extraordinary circumstances.
The amended regulations impose specific obligations on the parties involved in the awarding process of Australian bravery decorations. They require that the Group Bravery Citation be awarded based on a collective act of bravery performed by a group under extraordinary circumstances, as outlined in the new Regulation 4(5). This addition to the regulations also includes the criteria for awarding a bar to an existing award, as detailed in Regulation 2(f).
There are no explicit provisions within the text regarding offences, penalties, or consequences for breach of these regulations. However, as with any legal framework, non-compliance with these amended regulations could potentially lead to administrative or legal challenges, depending on the context and jurisdiction. The text does not specify any particular penalties or consequences for breaches, leaving that aspect to be determined by applicable laws and judicial interpretation.