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 appointed you as another Commissioner to inquire separately into those matters:
AND WHEREAS the Honourable Sir Laurence Street has requested that consideration be given to terminating his Commission:
AND WHEREAS We have, by Letters Patent issued this day in Our name by Our Governor-General of the Commonwealth of Australia, revoked the Letters Patent previously issued to the Honourable Sir Laurence Street:
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 from 9 o’clock in the forenoon (according to the time observed in the Australian Capital Territory) on 2 February 1995 as if:
(a) for paragraph (b) of the terms of reference there were substituted the following paragraph:
“(b) the implications of your findings under paragraph (a) necessary to ensure total propriety in air safety administration:”; and
(b) for the first five passages commencing “AND We” there were substituted the following passages:
“AND We authorise you in conducting your inquiries to have regard to any information, evidence, document or thing obtained by the Honourable Sir Laurence Street under the related Commission and communicated or furnished to you:
AND We declare that, in these Our Letters Patent, the expression ‘related Commission’ means the Commission of Inquiry established by Letters Patent issued on 25 October 1994 by our Governor-General of the Commonwealth of Australia to the Honourable Sir Laurence Street, varied by Letters Patent issued on 29 December 1994 by Our Governor-General of the Commonwealth of Australia to the Honourable Sir Laurence Street and revoked by Letters Patent issued this day by Our Governor-General of the Commonwealth of Australia to the Honourable Sir Laurence Street:”.
WITNESS the Honourable William George Hayden, Companion of the Order of Australia, Governor-General of the Commonwealth of Australia on 1 February 1995.
Governor-General
By His Excellency’s Command
Minister for Transport
for the Prime Minister
Overview
The instrument C2004Q00962 pertains to the revocation of Letters Patent issued to the Honourable Sir Laurence Street, AC, KCMG, as a Commissioner of Inquiry into certain aspects of the administration of the Civil Aviation Authority, specifically in relation to Seaview Air or related businesses. The instrument was issued by Elizabeth the Second, Queen of Australia, and it signifies the cessation of Sir Laurence Street's role in the inquiry and the subsequent reassignment of his terms of reference to another Commissioner, James Henry Staunton, AO, CBE, QC. The revocation of the Letters Patent and the reassigning of the terms of reference were executed to ensure a thorough and continued examination into the implications of the inquiry's findings, specifically to maintain propriety in air safety administration. This prerogative instrument was enacted by the Governor-General on the advice of the Federal Executive Council, reflecting the legislative framework provided by the Royal Commissions Act 1902 and other enabling powers under the Constitution of the Commonwealth of Australia.
Scope and Application
The Letters Patent C2004Q00962, issued by the Commonwealth of Australia, concerns the revocation of the Commission of Inquiry led by the Honourable Sir Laurence Street, AC, KCMG, and the subsequent assignment of the inquiry to James Henry Staunton, AO, CBE, QC. This prerogative instrument applies specifically to individuals or entities trading as Seaview Air or any related business, whether incorporated or unincorporated. The inquiry is mandated to examine certain aspects of the administration of the Civil Aviation Authority, with a particular focus on air safety administration. The geographic and jurisdictional reach of this Act is national, as it pertains to matters within the Commonwealth of Australia. The revocation of Sir Laurence Street's commission and the assignment to Mr. Staunton are executed under the authority of the Royal Commissions Act 1902 and other enabling powers. The Letters Patent allow Mr. Staunton to utilise any information gathered by Sir Laurence Street during the previous inquiry, ensuring continuity and comprehensiveness in the investigation.
Key Provisions
This prerogative instrument, issued on 1 February 1995, addresses the appointment and reconfiguration of a Commission of Inquiry into specific aspects of the administration of the Civil Aviation Authority, particularly focusing on entities trading as Seaview Air or related businesses. Section (a) of the instrument modifies the terms of reference to include the implications of the findings under the previous terms, necessary to ensure complete propriety in air safety administration. Section (b) allows the appointed Commissioner, James Henry Staunton, to consider any information obtained by the previously appointed Commissioner, Sir Laurence Street, who has had his commission revoked. The instrument also authorises the Commissioner to utilise any documents or evidence gathered by Sir Laurence Street during the course of the inquiry.
The obligations imposed by this Act on the parties and entities it governs include a duty to cooperate fully with the Commissioner. This involves providing access to any relevant information, documents, and evidence that may pertain to the inquiry, ensuring transparency and comprehensiveness in the investigation. Additionally, the Commissioner is mandated to conduct the inquiry in a manner that upholds the principles of fairness and propriety, particularly with regard to the administration of air safety. The Commissioner is also required to submit a final report detailing findings and recommendations based on the inquiry's outcomes.
Failure to comply with the obligations or provisions of this Act can result in significant legal consequences. While specific offences and penalties are not detailed in the text, breaches of such an inquiry's requirements could potentially lead to civil or criminal actions. For instance, obstruction of the inquiry, refusal to provide necessary information, or any form of non-cooperation might be viewed as contempt of the Commission, which could result in fines or imprisonment as determined by the courts. The maximum penalties, however, would depend on the severity of the breach and applicable laws at the time of the offence.