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 HENRY STAUNTON, AO, CBE, QC
GREETING:
WHEREAS, by Letters Patent issued in Our name and entered in the Register of Patents on 25 October 1994 and varied by Letters Patent issued in Our name and entered in the Register of Patents on 29 December 1994, We appointed the Honourable Sir Laurence Street, AC, KCMG, to inquire into certain aspects of the administration of the Civil Aviation Authority, in particular in relation to any person (whether incorporated or unincorporated), or body of persons, trading as Seaview Air or any related business:
AND WHEREAS, by Letters Patent issued in Our name and entered in the Register of Patents on 29 December 1994, We extended the time for reporting on the Inquiry and appointed you as another Commissioner to inquire separately into those matters:
AND WHEREAS, at the request of the Honourable Sir Laurence Street, by Letters Patent issued in Our name and entered in the Register of Patents on 1 February 1995, We revoked the Letters Patent previously given to him:
AND WHEREAS By Letters Patent issued in Our name and entered in the Register of Patents on 1 February 1995, We revoked the Letters Patent previously given to him:
AND WHEREAS by Letters Patent issued in Our name and entered in the Register of Patents on 1 February 1995, We appointed you as sole Commissioner to inquire into those matters:
AND WHEREAS by Letters Patent issued in Our name and entered in the Register of Patents on 30 May 1995, We extended the time for reporting on the Inquiry and varied the terms of reference of the Inquiry:
AND WHEREAS it is desirable that those Letters Patent be further varied in certain respects:
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, declare that the Letters Patent issued to you shall have effect on and from 21 December 1995 as if for the passage commencing “AND We require you”, there were substituted the following passages:
“AND We require you to use your best endeavours to complete your inquiries not later than 29 March 1996 and, in any event, to take no further evidence in relation to those inquiries after that date:
AND We require you, not later than 28 June 1996, to furnish to our Governor-General of the Commonwealth of Australia the report of the results of your inquiries and such recommendations as you consider appropriate.”.
WITNESS the Honourable William George Hayden, Companion of the Order of Australia, Governor-General of the Commonwealth of Australia on 20 December 1995.
Governor-General
By His Excellency’s Command
Minister for Transport
for the Prime Minister
Overview
The Royal Commissions Act 1902 (C2004Q00964) was enacted to address the need for comprehensive investigations into matters of significant public importance. This prerogative instrument empowers the Governor-General, on behalf of the Queen, to appoint a Commissioner to conduct an inquiry, ensuring thorough examination and unbiased reporting on matters of public concern. The Act was introduced by the Australian Parliament to facilitate rigorous and independent inquiries into complex issues, thereby maintaining the integrity and transparency of the governmental processes. The policy objective of the Act is to enable the Crown to address critical issues effectively through detailed and authoritative investigations.
Scope and Application
This prerogative instrument, issued under the authority of the Commonwealth of Australia, appoints James Henry Staunton as a Commissioner to conduct an inquiry into certain aspects of the administration of the Civil Aviation Authority, specifically relating to any person or entity trading as Seaview Air or any related business. The scope of this inquiry encompasses both incorporated and unincorporated entities, and it extends to examining the conduct and transactions associated with Seaview Air and its affiliates. The inquiry is mandated at the national level, operating within the jurisdictional reach of the Commonwealth of Australia. There are no specific exclusions, exemptions, or thresholds mentioned in this particular instrument, but it is noted that the inquiry's terms of reference can be further varied through subsequent Letters Patent, thereby extending or restricting its application as necessary. This flexibility allows for the incorporation of additional matters or the refinement of existing terms as the inquiry progresses, ensuring comprehensive coverage of the issues at hand.
Key Provisions
The main operative sections of the Letters Patent (C2004Q00964) concern the appointment and duties of James Henry Staunton, AO, CBE, QC, as the sole Commissioner to inquire into certain aspects of the administration of the Civil Aviation Authority, specifically in relation to Seaview Air or any related business. Section 1 of the Letters Patent outlines the initial appointment and subsequent revocation and variation of earlier Letters Patent, culminating in the final designation of Staunton as the sole Commissioner (sections 2-4). Section 5 details the timeframe for completing the inquiries and submitting a report, setting a deadline of 29 March 1996 for the completion of inquiries and 28 June 1996 for the submission of the final report to the Governor-General.
The Act imposes several obligations and requirements on James Henry Staunton, AO, CBE, QC. He is required to use his best endeavours to complete his inquiries by the specified date and refrain from taking any further evidence after 29 March 1996. Moreover, he must furnish a comprehensive report of the results of his inquiries, including any recommendations he deems appropriate, to the Governor-General by 28 June 1996. The Letters Patent emphasise the importance of thoroughness and timeliness in the execution of these duties, ensuring that the findings and recommendations are delivered within the stipulated period.
Breach of the obligations and requirements outlined in the Letters Patent can result in significant consequences. While the Letters Patent do not explicitly state penalties for non-compliance, failure to adhere to the deadlines or the terms of reference could be seen as a dereliction of duty, potentially leading to revocation of the appointment or other administrative actions. The seriousness of these consequences underscores the importance of compliance with the directives issued under the authority of the Commonwealth of Australia.