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 the Honourable Sir Laurence Street requested that consideration be given to terminating his Commission:
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 issued to the Honourable Sir Laurence Street:
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 it is desirable that those Letters Patent be 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 on 29 December 1994, as varied by the Letters Patent issued to you on 1 February 1995, shall have effect on and from 30 May 1995 as if:
(a) for paragraph (b) of the terms of reference there were substituted the following paragraph:
“(b) the implications for air safety in Australia of your findings under paragraph (a), including either:
(i) the measures necessary to ensure total propriety in air safety administration; or
(ii) the most appropriate and effective method for the Government to consider those findings for the purpose of determining the measures necessary to ensure total propriety in air safety administration:”; and
(b) for the words “not later than 31 May 1995” there were substituted the words “not later than 22 December 1995”.
WITNESS the Honourable William George Hayden, Companion of the Order of Australia, Governor-General of the Commonwealth of Australia on 30 May 1995.
Governor-General
By His Excellency’s Command
Minister for Transport
for the Prime Minister
Overview
The Prerogative instrument, enacted in 1995, was issued by the Commonwealth of Australia under the authority of the Royal Commissions Act 1902. It was established to address specific concerns regarding the administration of the Civil Aviation Authority, particularly in relation to Seaview Air and associated businesses. This legislation was enacted to ensure a thorough inquiry into the practices and implications for air safety administration. The instrument appointed James Henry Staunton as the sole Commissioner to investigate these matters, extending the scope of the inquiry to include the broader implications for air safety in Australia, following the revocation of the initial commission held by Sir Laurence Street. The primary objective was to ensure that any findings would lead to the implementation of necessary measures to maintain total propriety in air safety administration within the country.
Scope and Application
The Letters Patent, issued in the Commonwealth of Australia, appoint James Henry Staunton, AO, CBE, QC, as a Commissioner to inquire into certain aspects of the administration of the Civil Aviation Authority, specifically focusing on Seaview Air and any related businesses. The Commission's terms of reference encompass examining the implications for air safety in Australia arising from the inquiry's findings, which may include identifying measures necessary for ensuring total propriety in air safety administration or determining the most appropriate and effective method for the Government to consider these findings. This Act applies to any person or body of persons trading as Seaview Air or any related business, irrespective of whether they are incorporated or unincorporated. The geographic scope of this inquiry is national, as it pertains to the administration of the Civil Aviation Authority within Australia. The Letters Patent also provide for the extension of the reporting deadline, originally set for 31 May 1995, to 22 December 1995. This prerogative instrument does not specify any exclusions, exemptions, or thresholds, nor does it indicate that application will be extended or restricted through subordinate instruments.
Key Provisions
The key sections of the legislation revolve around the terms of reference for the Commission appointed to inquire into certain aspects of the administration of the Civil Aviation Authority, specifically in relation to Seaview Air and any related businesses. The terms of reference include investigating the implications for air safety in Australia resulting from the Commission's findings, and determining the necessary measures to ensure total propriety in air safety administration (section a(b)). Additionally, the legislation extends the reporting deadline for the Commission from 31 May 1995 to 22 December 1995 (section b). These sections outline the scope and timeframe of the inquiry.
The obligations imposed on the parties governed by this Act include the requirement for the Commissioner, James Henry Staunton, to conduct a thorough investigation into the administration of the Civil Aviation Authority as it pertains to Seaview Air and related entities. The Commissioner must consider the implications for air safety and determine the appropriate measures to ensure total propriety in the administration of air safety. The Commissioner is mandated to submit a final report by 22 December 1995, detailing the findings and recommendations based on the inquiry.
The legislation does not explicitly state any offences, penalties, or consequences for breach within its text. However, the nature of a Royal Commission implies a high degree of seriousness and compliance. Any failure to adhere to the terms of reference or the reporting deadline could result in legal or administrative repercussions, though specific penalties are not detailed in this particular instrument. The implications of non-compliance could potentially include legal challenges or loss of authority for the Commissioner, but these are not explicitly outlined in the text.