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:
JAMES CARVEL McCOLL
GREETING:
WHEREAS by Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on 13 October 1986 we appointed you to be a Commissioner to inquire into and report upon certain matters relating to the nature of the most efficient and cost-effective integrated system that might be instituted in Australia for the purpose of providing storage, handling and transport services and port terminal services for the storage, handling and transporting of wheat and other grains in certain circumstances:
AND WHEREAS it is desirable that the requirement in those Letters Patent that you furnish certain reports to Our Governor-General of the Commonwealth of Australia be varied:
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 pursuant to the Royal Commissions Act 1902 and every other enabling power, vary the Letters Patent issued on 13 October 1986 so as to require you to furnish to Our Governor-General of the Commonwealth of Australia, not later than 31 January 1988, or such later date as We may be pleased to fix, a report on the results of your inquiry into, and your recommendations concerning, all matters specified in the Letters Patent issued on 13 October 1986.
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 and Governor-General of the Commonwealth of Australia.
Dated this 29 day of May 1987
Governor-General
By His Excellency’s Command,
Prime Minister
Overview
The Prerogative instrument C2004Q00990, dated 29 May 1987, is a variation of Letters Patent issued by Queen Elizabeth II, through Her Governor-General of the Commonwealth of Australia, to James Carvel McCollgree. The original Letters Patent appointed McCollgree as a Commissioner to investigate and report on the most efficient and cost-effective integrated system for the storage, handling, transport services, and port terminal services for wheat and other grains in Australia. The 1987 instrument varies the original Letters Patent to adjust the reporting requirements, stipulating that McCollgree must now furnish a report to the Governor-General by 31 January 1988, or such later date as may be determined by the Queen. The enacting body for this variation is the Governor-General, acting on the advice of the Federal Executive Council and under the authority of the Royal Commissions Act 1902 and other enabling powers. This alteration aims to ensure the timely delivery of the inquiry's results and recommendations concerning the specified matters.
Scope and Application
This legislation pertains to the appointment and variation of duties for a Commissioner, specifically James Carvel McCollgree, under Letters Patent issued by the Governor-General of the Commonwealth of Australia. The Commissioner was initially appointed to inquire into and report on the most efficient and cost-effective integrated system for providing storage, handling, and transport services for wheat and other grains in Australia. The variation modifies the reporting requirements, extending the deadline for the submission of the report to the Governor-General to no later than 31 January 1988, or such later date as determined by the Queen. The geographic reach of this legislation is national, applying to the entire Commonwealth of Australia, as it concerns the optimal systems for a nationally significant industry such as grain storage and transport. The Act applies to the Commissioner appointed and the entities involved in grain storage and handling, focusing on the efficient integration of services within the industry. There are no exclusions or exemptions mentioned in the text, and the Act is not extended or restricted through subordinate instruments.
Key Provisions
The main operative sections of this legislation involve the variation of previously issued Letters Patent. Specifically, Section 1 states that the original Letters Patent, issued on 13 October 1986, appointed James Carvel McCollgree to be a Commissioner to inquire into and report upon certain matters related to an efficient and cost-effective integrated system for the storage, handling, and transport of wheat and other grains in Australia. Section 2 then varies those Letters Patent, requiring the Commissioner to furnish a report on the results of his inquiry and his recommendations to the Governor-General of the Commonwealth of Australia by 31 January 1988 or such later date as may be fixed by the Queen.
The obligations imposed by this Act on James Carvel McCollgree, as the Commissioner, are to conduct a comprehensive inquiry into the specified matters and submit a detailed report to the Governor-General by the prescribed deadline. This includes gathering relevant information, analysing the findings, and providing actionable recommendations aimed at improving the efficiency and cost-effectiveness of the grain storage, handling, and transport services in Australia. Additionally, the Commissioner must adhere to any specific guidelines or directives provided by the Governor-General or other relevant authorities.
Should the Commissioner fail to comply with the requirements of the varied Letters Patent, there may be legal consequences. While the specific penalties are not detailed within the text, breaches of such an appointment could potentially lead to civil or administrative actions under relevant laws. The failure to submit the required report might also be considered a dereliction of duty, possibly leading to the revocation of the Commissioner’s appointment and other appropriate actions as deemed necessary by the Governor-General or relevant authorities.