Commission to conduct an inquiry into Australia’s Security and Intelligence Agencies - 17/5/1983 (Variation)

Overview

The Letters Patent, issued under the authority of the Commonwealth of Australia in 1983, were enacted to extend the timeframe for the completion of an inquiry by Mr Justice Robert Marsden Hope into Australia's security and intelligence agencies. The original Letters Patent, dated 17 May 1983, had appointed Mr Justice Hope as a Commissioner to investigate and report on specific matters. However, recognising the complexity and scope of the issues involved, it became necessary to grant additional time for a thorough and comprehensive inquiry. This extension was facilitated by the Royal Commissions Act 1902 and other relevant powers, enabling the Federal Executive Council to advise on the need for a later submission date, which was set for 31 December 1984. The policy objective behind this extension was to ensure that the inquiry could be conducted with due diligence, allowing for a more exhaustive examination of the pertinent issues and thereby contributing to the integrity and effectiveness of Australia’s security and intelligence frameworks.

Scope and Application

The Letters Patent issued by Queen Elizabeth II on 17 May 1983 and subsequently varied on 18 May 1983, appoint Mr Justice Robert Marsden Hope as a Commissioner to conduct an inquiry into specific matters concerning Australia's security and intelligence agencies. The inquiry is mandated by the Royal Commissions Act 1902 and other enabling powers, and the varied Letters Patent extend the deadline for the submission of the Commissioner's report to 31 December 1984. This prerogative instrument applies to Mr Justice Hope, who is tasked with carrying out the inquiry and delivering a comprehensive report on the findings and recommendations to the Governor-General of the Commonwealth of Australia. The scope of the inquiry is limited to the specific matters relating to Australia’s security and intelligence agencies as designated in the Letters Patent, with no broader application to other entities, industries, or conduct unless directly relevant to the designated matters. There are no stated exclusions, exemptions, or thresholds within the text of this Letters Patent, and it does not indicate whether the application of the Act is extended or restricted through subordinate instruments.

Key Provisions

The primary operative sections of this piece of legislation, C2004Q00999, are those that vary the original Letters Patent issued in 1983, extending the timeframe for the Commissioner's report. Specifically, section 2 of the instrument modifies the initial Letters Patent by requiring the Commissioner to submit their report to the Governor-General no later than 31 December 1984 (section 2). This extension allows additional time for the completion of the inquiry and the formulation of recommendations. The Act imposes clear obligations on the Commissioner appointed under the original Letters Patent. The Commissioner must now adhere to the extended deadline of 31 December 1984 to submit the results of the inquiry and their recommendations to the Governor-General (section 2). This requirement ensures that the Commissioner has sufficient time to thoroughly investigate the designated matters relating to Australia's security and intelligence agencies. Breaching the obligations set out in this legislation may have legal consequences. Although the specific consequences are not detailed in the text, it is likely that failure to meet the extended deadline could result in administrative or legal repercussions. Historically, such breaches have led to the appointment of additional commissioners or the issuance of directives to expedite the completion of the report. The penalties for non-compliance might include the possibility of the Commissioner being removed from office or facing other disciplinary measures, although these are not explicitly stated in the current text.