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 PHILLIP GEORGE EVATT, D.S.C., LL.B.
GREETING:
WHEREAS by Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on 13 May 1983 we appointed you to be a Commissioner to inquire into and report upon certain matters relating to the use, and the effects in certain respects of the use, of chemical agents in the course of hostilities in Vietnam:
AND WHEREAS further Letters Patent were issued in Our name by Our Governor-General of the Commonwealth of Australia on 27 June 1984 in relation to the said matters and it is now desirable that those Letters Patent be revoked and that other provision be made:
NOW THEREFORE We do by these 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, revoke the Letters Patent issued on 27 June 1984:
AND We vary the Letters Patent issued on 13 May 1983 so as to require you to furnish to Our Governor-General of the Commonwealth of Australia a report of the results of your inquiry and your recommendations not later than 30 April 1985 or such later date as We may be pleased to fix:
AND We declare the Letters Patent issued on 13 May 1983 shall otherwise have effect according to their tenor.
WITNESS His Excellency the Right Honourable Sir Ninian Martin Stephen, 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 Commander of The Most Excellent Order of the British Empire, Knight of the Most Venerable Order of the Hospital of Saint John of Jerusalem, Governor-General of the Commonwealth of Australia and Commander-in-Chief of the Defence Force.
Dated this third day of August 1984.
Governor-General
By His Excellency’s Command,
Prime Minister
Overview
The instrument, C2004Q01002, was enacted in 1984 to address the need for a thorough investigation into the use of chemical agents during hostilities in Vietnam and the associated impacts. Issued under the authority of the Governor-General of the Commonwealth of Australia, it revokes previously issued Letters Patent from 27 June 1984 and amends those from 13 May 1983 to mandate that the appointed Commissioner, the Honourable Phillip George Evatt, furnish a comprehensive report of the inquiry's findings and recommendations by 30 April 1985. The enactment body is the Federal Executive Council, acting in accordance with the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902, and other relevant powers. The overarching policy objective is to ensure a detailed examination and reporting on the specified matters, thereby contributing to informed decision-making and potential policy adjustments regarding the use of chemical agents in military operations.
Scope and Application
This document constitutes a prerogative instrument issued by the Commonwealth of Australia, revoking previous Letters Patent and making new provisions for the Royal Commissioner to report on the use of chemical agents during the Vietnam conflict. The Act applies specifically to the Honourable Phillip George Evatt, who was appointed as a Commissioner to investigate and report on matters relating to the use of chemical agents in Vietnam. The geographic and jurisdictional reach of this Act is confined to the Commonwealth of Australia, where the Royal Commissioner's findings and recommendations are intended to address concerns at a national level. The Act does not explicitly state exclusions, exemptions, or thresholds but focuses on the duty of the Commissioner to provide a comprehensive report. Additionally, the Act allows for potential extensions or restrictions through subordinate instruments, which could further define the scope and application of the Commissioner's findings and recommendations.
Key Provisions
This prerogative instrument, issued by Elizabeth II through her Governor-General, primarily focuses on revoking and varying the Letters Patent issued on 27 June 1984, while maintaining the Letters Patent from 13 May 1983 in force (sections 2, 3, and 4). The instrument appoints the Honourable Phillip George Evatt as a Commissioner to investigate the use and effects of chemical agents during hostilities in Vietnam. The Commissioner is required to submit a report detailing the findings and recommendations by 30 April 1985, or any later date specified by the Queen (section 4).
The obligations imposed on the Commissioner include conducting a thorough inquiry into the specified matters and presenting a comprehensive report to the Governor-General. The Commissioner must adhere to the scope and objectives outlined in the Letters Patent of 13 May 1983, ensuring that the investigation covers all pertinent aspects of the use of chemical agents in Vietnam and their effects (section 4). The Commissioner is also responsible for ensuring the accuracy and completeness of the report, given its significance for potential policy and legal implications.
In terms of consequences for non-compliance, the instrument does not explicitly outline specific offences, penalties, or consequences for breach. However, failure to meet the reporting deadline or not fulfilling the obligations outlined in the Letters Patent could result in significant political and professional repercussions for the Commissioner. The instrument relies on the Commissioner's integrity and commitment to the mandate rather than formal legal penalties.
The overarching authority and constitutional framework under which the instrument operates ensure that the Commissioner's role is taken seriously, with the expectation of a diligent and comprehensive report. The instrument's focus on revoking and varying previous Letters Patent underscores the importance of precise and timely execution of the Commissioner's duties.