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 by Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on 29 May 1987 the first-mentioned Letters Patent were varied so as to require you to furnish to Our Governor-General of the Commonwealth of Australia, not later than 31 January 1988, 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:
AND WHEREAS it is desirable that further time be allowed for the completion of your inquiry and the submission of your 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 and pursuant to the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902 and every other enabling power, hereby vary the Letters Patent issued on 13 October 1986, as affected by the Letters Patent issued on 29 May 1987, 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 26 February 1988.
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 19 day of January 1988
Governor-General
By His Excellency’s Command,
Prime Minister
Overview
The Commonwealth of Australia, through Letters Patent issued by the Governor-General on 19 January 1988, varied the original mandate given to James Carvel McCollgree to inquire into the most efficient and cost-effective integrated system for the storage, handling, transport, and port terminal services of wheat and other grains. Initially appointed under Letters Patent on 13 October 1986, and subsequently varied on 29 May 1987, McCollgree was tasked with submitting a comprehensive report by 26 February 1988. This variation was enacted to allow additional time for the completion of the inquiry and the submission of recommendations, reflecting the complexity and significance of the issues at hand. The policy objective is to ensure a thorough examination of the most efficient methods for handling grain storage and transport, ultimately aiming to enhance the effectiveness and cost-efficiency of the grain handling system in Australia.
Scope and Application
This prerogative instrument, dated 19 January 1988, varies the Letters Patent issued on 13 October 1986, and subsequently on 29 May 1987, appointing James Carvel McCollgree as a Commissioner. The primary focus of this appointment is to facilitate an inquiry into the most efficient and cost-effective integrated system for providing storage, handling, transport services, and port terminal services for wheat and other grains in Australia. The Commissioner is tasked with reporting on the results of this inquiry and making recommendations to the Governor-General by no later than 26 February 1988. This Act applies to the appointed Commissioner and concerns the efficient operation of services related to the storage and handling of wheat and grains within Australia. The geographic scope of the Act is national, as it pertains to services and systems across the Commonwealth of Australia. The Act does not specify any exclusions or exemptions but implicitly applies to all relevant entities and industries involved in the wheat and grain storage and transport sector. The application of the Act may be extended or restricted through subordinate instruments, although no such instruments are mentioned in the text.
Key Provisions
The main operative sections of the instrument (sections 2 to 4) detail the variation of previous Letters Patent issued to James Carvel McCollgree as a Commissioner. Initially appointed on 13 October 1986, McCollgree was tasked with investigating an efficient and cost-effective integrated system for the storage, handling, and transportation of wheat and other grains in Australia. The variation on 29 May 1987 set a deadline for submitting his report by 31 January 1988. The current variation, issued on 19 January 1988, extends this deadline to 26 February 1988. This extension aims to allow additional time for the completion of the inquiry and the preparation of the report.
James Carvel McCollgree, as the Commissioner, has specific obligations under this instrument. His primary duty is to conduct a thorough inquiry into the specified matters related to the storage, handling, and transportation of wheat and other grains. This inquiry must encompass all aspects necessary to determine the most efficient and cost-effective system for these services. McCollgree is also required to submit a comprehensive report to the Governor-General by the extended deadline of 26 February 1988. This report must include his findings and recommendations based on the inquiry conducted.
Failure to comply with the requirements set forth in the Letters Patent can lead to various consequences. While the instrument does not explicitly detail specific penalties for non-compliance, it is implicit that not meeting the deadline or not submitting the required report could have serious repercussions. The nature of the consequences would likely be determined by the context in which the instrument is applied, potentially including administrative or legal actions. Given the importance of the inquiry, it is reasonable to infer that any significant failure to meet these obligations could result in further directives or consequences as deemed necessary by the appropriate authorities.
The instrument, as a prerogative instrument issued by the Governor-General, carries significant weight in the context of Australian administrative law. The extension of the deadline underscores the importance of the inquiry and the expected thoroughness of the report. The consequences of not fulfilling the Commissioner’s duties could involve legal or administrative actions, potentially impacting McCollgree’s standing or the outcomes of the inquiry itself. The precise nature of any penalties or consequences would depend on how the instrument is enforced within the legal framework.