Overview
The Royal Commissions Act 1902 was enacted to provide for the appointment and powers of commissions of inquiry, including royal commissions, by the Commonwealth. The problem it addresses is the need for comprehensive, independent investigations into matters of significant public concern. The Act allows for the establishment of such commissions by letters patent issued by the Governor-General on the advice of the Federal Executive Council. The policy objective is to ensure that significant issues are thoroughly examined and reported on, providing a basis for informed policy and legislative responses. The Letters Patent, as amended, extend the timeframe for the submission of the report, reflecting the complexity and scope of the inquiry mandated. This amendment was necessary to allow the Commission more time to complete its work and deliver its findings and recommendations.
Scope and Application
The Prerogative instrument C2004Q00944, issued under the authority of the Royal Commissions Act 1902, pertains to a Commission of inquiry appointed to investigate specific matters and submit a report by a certain date. Initially, the Commission was required to deliver its findings and recommendations by 31 December 2015. However, this instrument extends the deadline for the submission of the report to 15 December 2017. The amendment applies to the individuals named in the instrument, who are charged with conducting the inquiry and compiling the report, and is confined to the Commonwealth of Australia. It does not expand or restrict the scope of the inquiry itself but merely extends the timeframe for its completion. This extension is effected through the amendment of the Letters Patent, which originally specified the earlier deadline, by substituting the new date into the relevant subparagraph. The instrument does not detail any exclusions, exemptions, or thresholds but rather focuses on adjusting the administrative aspect of the Commission's mandate.
Key Provisions
The main operative sections of the prerogative instrument C2004Q00944 involve the amendment of the Letters Patent previously issued to a Commission of inquiry. Specifically, section (p)(i) is altered to extend the deadline for the submission of the inquiry's report and recommendations from 31 December 2015 to 15 December 2017. This change is made to accommodate additional time for the inquiry to complete its work. The instrument, issued under the authority of the Royal Commissions Act 1902 and other relevant powers, mandates that the Commission must now report to the Governor-General by the new specified date.
The obligations imposed on the Commission by this instrument are to conduct a thorough inquiry into the designated matters, culminating in a comprehensive report detailing the findings and recommendations. This report must be submitted to the Governor-General by no later than 15 December 2017. The Commission is also bound by any additional directives or requirements stipulated in the original Letters Patent, unless explicitly altered by this amending instrument.
Failure to comply with the extended deadline or any other obligations under the amended Letters Patent may have consequences. Although the instrument does not explicitly outline penalties for non-compliance, breaches of the terms of the Letters Patent could potentially result in legal repercussions. This might include the possibility of judicial review or other enforcement actions under the Royal Commissions Act 1902 or other applicable laws. The severity of such consequences would depend on the nature and extent of the non-compliance.