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 and Letters Patent dated 5 March 1990, 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 1998
By Her Majesty’s Command,
JOHN HOWARD
Prime Minister
Schedule
Amendments of the Regulations Governing the Award of Australian Bravery Decorations
1. Regulation 7 (Australian Decorations Advisory Committee)
1.1 Paragraphs 7 (1) (b) and (c):
Omit the paragraphs, substitute:
“(b) the person for the time being occupying, or performing the duties of, the office prescribed for the purposes of this paragraph by the Minister responsible for the administration of the Australian honours system or by any Minister or member of the Executive Council acting for or on behalf of that Minister; and
(c) 10 persons appointed by the Governor-General, of whom:
(i) one shall be nominated by the State of New South Wales; and
(ii) one shall be nominated by the State of Victoria; and
(iii) one shall be nominated by the State of Queensland; and
(iv) one shall be nominated by the State of Western Australia; and
(v) one shall be nominated by the State of South Australia; and
(vi) one shall be nominated by the State of Tasmania; and
(vii) one shall be nominated by the Northern Territory of Australia; and
(viii) one shall be nominated by the Australian Capital Territory.”.
1.2 Subregulation 7 (4):
Omit “by the States”, substitute “by the States or Territories”.
Overview
The Prerogative Instrument C2010Q00059, dated 5 March 1998, amends the Regulations Governing the Award of Australian Bravery Decorations, originally instituted by Letters Patent dated 14 February 1975. This legislation was enacted by Queen Elizabeth II, with John Howard as the Prime Minister, to update the Australian Decorations Advisory Committee. The amendment rectifies the composition of the committee to better reflect Australia's federal structure, ensuring representation from all states and territories. This change was made to enhance the inclusivity and representation of the committee, which advises on the awarding of bravery decorations, thereby improving the process and maintaining the integrity of the recognition system.
The policy objective of this amendment is to ensure that the Australian Decorations Advisory Committee includes representatives from all jurisdictions within Australia, thus providing a more comprehensive and equitable approach to the assessment and recommendation of bravery decorations. This amendment was necessary to address the gap in representation, ensuring that the committee's decisions are reflective of the diverse regions of Australia. The enacting body, the Parliament of Australia, through the exercise of the prerogative power by the Queen, aimed to uphold the high standards of the Australian honours system.
Scope and Application
The Letters Patent dated 5 March 1998, amending the Regulations Governing the Award of the Australian Bravery Decorations, applies to the Australian decorations instituted by Letters Patent dated 14 February 1975. This legislation governs the process and criteria for the award of bravery decorations within Australia, impacting individuals who perform acts of bravery. The amendment pertains specifically to the composition of the Australian Decorations Advisory Committee, altering the nomination process for committee members to include representatives from both states and territories. The scope of this legislation is national, applying across all states and territories within the Commonwealth of Australia. The amendments ensure a more inclusive representation on the Advisory Committee, reflecting the federal structure of Australia. There are no stated exclusions, exemptions, or thresholds within this specific amendment, and the application of the Act is not extended or restricted through subordinate instruments in the provided text.
Key Provisions
The main operative sections of this legislation focus on amending the Regulations Governing the Award of Australian Bravery Decorations, particularly Regulation 7 concerning the Australian Decorations Advisory Committee (paragraph 1). Regulation 7 (1) (b) and (c) now detail who may occupy or perform the duties of the relevant office and the appointment of ten members by the Governor-General, with specific nominations from each state and territory (subsection 1.1). Additionally, subregulation 7 (4) has been amended to reflect the inclusion of territories in the nomination process (subsection 1.2). These changes aim to ensure the Advisory Committee is representative of the entire nation, including its territories.
The obligations and requirements imposed by the Act on the parties or entities it governs primarily centre around the composition and function of the Australian Decorations Advisory Committee. The Committee must now include a representative appointed by the Minister responsible for the Australian honours system, along with ten other appointees from the states and territories. This ensures a broad geographical and representative body that can provide diverse perspectives when considering bravery decoration awards. The Act mandates that nominations for the committee members come from the respective states and territories, thus embedding a system of representative participation from all parts of the nation.
Any breaches of the provisions outlined in this legislation could lead to administrative or procedural issues in the awarding of Australian Bravery Decorations. While the legislation does not explicitly state penalties for non-compliance, deviations from the outlined appointment procedures could result in the nullification of awards or require corrective actions to align with the regulations. Furthermore, failing to adhere to the new requirements for the Advisory Committee’s composition might lead to legal challenges or reviews, potentially impacting the legitimacy and acceptance of the awarded decorations. The absence of specific penalties in the text implies that consequences would be determined by the courts or relevant authorities based on the nature and impact of the breach.