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 JAMES McCLELLAND
JILL FITCH
WILLIAM JAMES ALBERT JONAS
GREETING:
WHEREAS by Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on 16 July 1984, We appointed you to be Commissioners to inquire into and report upon certain matters relating to the British nuclear tests that were conducted in Australia during the period of twelve years commencing on 1 January 1952:
AND WHEREAS by those Letters Patent We required you to furnish to Our Governor-General of the Commonwealth of Australia, not later than 30 June 1985 or such later date as We may be pleased to fix, a report of the results of your inquiry and your recommendations:
AND WHEREAS, by Letters Patent issued on 27 June 1985, We fixed 30 September 1985 as the date on or before which We required you to furnish to Our Governor-General of the Commonwealth of Australia a report of the results of your inquiry and your recommendations:
AND WHEREAS it is desirable that a later date be fixed as the date on or before which We require you to furnish that report:
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, fix 20 November 1985 as the date on or before which We require you 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 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, Governor-General of the Commonwealth of Australia.
Dated this ninth day of August 1985
Governor-General
By His Excellency’s Command,
Prime Minister
Overview
The Letters Patent issued by Queen Elizabeth II on 9 August 1985, under the authority of the Governor-General of the Commonwealth of Australia, establishes a commission to inquire into the British nuclear tests conducted in Australia from 1952 to 1963. The commission was originally appointed in 1984, with an initial deadline of 30 June 1985, which was subsequently extended to 30 September 1985. This latest extension sets 20 November 1985 as the final deadline for the commissioners to deliver their report to the Governor-General. This legislative instrument aims to ensure a thorough investigation into the historical events, their impacts, and the formulation of recommendations for any necessary actions or reparations, reflecting the Australian government's commitment to addressing past injustices related to nuclear testing on its soil.
Scope and Application
The Prerogative instrument C2004Q00995 pertains to the appointment of specific individuals as Commissioners tasked with conducting an inquiry into the British nuclear tests that took place in Australia from 1 January 1952 to 31 December 1963. The act applies to the appointed Commissioners and those involved in the inquiry, including experts, witnesses, and stakeholders directly or indirectly affected by the nuclear tests. The scope of the inquiry covers the conduct, impacts, and recommendations related to the British nuclear tests, making it relevant to the Commonwealth of Australia and its territories. This instrument extends its jurisdictional reach across the nation, ensuring a comprehensive investigation into the historical events. The instrument does not explicitly mention any exclusions, exemptions, or thresholds, but the inquiry's focus is specifically on the British nuclear tests within the defined period. Subordinate instruments may further detail the procedure and specific areas of inquiry to be addressed by the Commissioners in their final report.
Key Provisions
The primary operative sections of this prerogative instrument (C2004Q00995) are set out in the Letters Patent issued on 9 August 1985. These Letters Patent extend the deadline for the Commissioners to submit their report on the inquiry into British nuclear tests in Australia from 30 September 1985 to 20 November 1985 (section 1). The document confirms the initial appointment of the Commissioners under Letters Patent issued on 16 July 1984 and reiterates their mandate to inquire into specific matters related to the nuclear tests conducted in Australia from 1 January 1952 onwards (section 2). It also underscores the requirement for the Commissioners to present their findings and recommendations to the Governor-General of the Commonwealth of Australia by the extended date (section 3).
The Act imposes several obligations and requirements on the Commissioners, primarily centred around the timely submission of a comprehensive report. They are mandated to thoroughly investigate the specified matters, compile their findings, and propose recommendations based on their inquiry. The Commissioners must ensure that their report is delivered to the Governor-General by 20 November 1985, as stipulated by the Letters Patent. Additionally, they are required to adhere to the scope and purpose of the inquiry as originally defined in the initial Letters Patent from 16 July 1984.
Failure to comply with the requirements set out in the prerogative instrument could potentially lead to legal consequences, although no explicit penalties are mentioned in the text. The primary consequence of non-compliance would likely be the dissatisfaction of the Queen and the Australian government, which might result in further administrative or legal actions to ensure the fulfilment of the Commissioners’ duties. The document does not specify civil or criminal penalties for non-compliance, but the importance of the inquiry and the subsequent report suggests that adherence to the mandated timeline is crucial.