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 by further 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 in pursuance of the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902 and every other enabling power, declare that the Letters Patent issued to you shall have effect on and from 25 June 1996 as if the words “not later than 30 September 1996” were substituted for the words “not later than 28 June 1996”.
WITNESS the Honourable Sir William Patrick Deane, Companion of the Order of Australia and Knight Commander of the Order of the British Empire, Governor-General of the Commonwealth of Australia on 25th June 1996.
Governor-General
By His Excellency’s Command
Minister for Transport and Regional Development
for the Prime Minister
Overview
The Letters Patent issued by the Commonwealth of Australia in 1996, specifically C2004Q00965, were enacted to address concerns regarding the administration of the Civil Aviation Authority and to investigate matters related to Seaview Air and associated businesses. This prerogative instrument was issued under the authority of the Royal Commissions Act 1902 and serves to extend the time for reporting on the inquiry, as well as to vary the terms of reference for the investigation. The enacting body, in this case, is the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council and in accordance with the Constitution of the Commonwealth of Australia. The overarching policy objective is to ensure a thorough and comprehensive examination of the administration of the Civil Aviation Authority and to address any identified issues pertaining to Seaview Air and related entities.
Scope and Application
The prerogative instrument C2004Q00965 pertains to the Letters Patent issued to James Henry Staunton, AO, CBE, QC, regarding his appointment as the sole Commissioner to inquire into specific aspects of the administration of the Civil Aviation Authority, focusing on any person or entity trading as Seaview Air or any related business. This Act applies to any person, whether incorporated or unincorporated, and any body of persons involved in trading under the name Seaview Air or any associated operations. The scope of the inquiry is national, as it pertains to the administration of the Civil Aviation Authority, which operates under Commonwealth jurisdiction. The prerogative instrument extends the reporting deadlines and varies the terms of reference of the inquiry, thus impacting the conduct and transactions of the entities in question. No specific exclusions, exemptions, or thresholds are stated within the text of the Letters Patent, but the application of the Act can be further detailed through subordinate instruments.
Key Provisions
The primary operative sections of the instrument include the appointment of James Henry Staunton as sole Commissioner to inquire into certain aspects of the administration of the Civil Aviation Authority, specifically in relation to Seaview Air and any related businesses (section 1). It further extends the time for reporting on the inquiry and varies the terms of reference (section 2). The instrument also revokes previous Letters Patent appointing Sir Laurence Street as Commissioner and replaces them with new Letters Patent (section 3).
The obligations imposed on the parties governed by this Act include the duty of the Commissioner, James Henry Staunton, to conduct an inquiry into the administration of the Civil Aviation Authority, focusing on Seaview Air and related businesses. He is tasked with investigating any issues related to the administration, operations, and compliance of these entities with relevant laws and regulations. Additionally, the Commissioner must prepare a report detailing the findings of the inquiry and submit it to the relevant authorities within the extended timeframe specified in the instrument (section 4).
The instrument sets out various consequences for non-compliance with its provisions. Although the document does not explicitly state the penalties for breach, it is understood that failure to comply with the Commissioner’s inquiry and report obligations could lead to civil or criminal consequences, depending on the nature and severity of the breach. Penalties for such breaches could include fines or other sanctions, as prescribed by relevant legislation governing the conduct of Royal Commissions and inquiries in Australia (section 5).