Overview
The Letters Patent issued on 10 May 1978 represent a prerogative instrument under the authority of Elizabeth the Second, by the grace of God, Queen of Australia. This document was issued by the Governor-General of the Commonwealth of Australia, Sir Zelman Cowen, and follows the advice of the Federal Executive Council, thereby establishing the authority of the Federal Government in utilising the powers granted under the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902, and all other enabling powers. The primary purpose of this Letters Patent is to amend an earlier commission assigned to the Honourable Douglas Gordon Patrick McGregor, who was initially appointed to inquire into the re-distribution of the State of Queensland into Electoral Divisions for the election of Members of the House of Representatives. The amendment extends the scope of the inquiry to include whether the Honourable Eric Robinson made any statements concerning the likely decisions of the Commonwealth Government in relation to the mining of uranium in Australia on 26 July 1977. This extension aims to address any additional concerns that were not covered under the initial Letters Patent, ensuring a comprehensive investigation into the matter.
Scope and Application
The prerogative instrument dated 10 May 1978, issued under the authority of the Constitution of the Commonwealth of Australia and the Royal Commissions Act 1902, designates the Honourable Douglas Gordon Patrick McGregor as a Commissioner to inquire into specific matters. Initially appointed to investigate the re-distribution of the State of Queensland into Electoral Divisions for the election of Members of the House of Representatives, the Commissioner’s remit is subsequently varied to include an inquiry into statements made by the Honourable Eric Robinson concerning the Commonwealth Government's likely decisions on uranium mining in Australia, specifically on 26 July 1977 at Beaudesert, Queensland. The geographic reach of this inquiry is confined to the Commonwealth of Australia, with the Commissioner's authority extending to all relevant persons and entities within this jurisdiction. This prerogative instrument does not specify any exclusions, exemptions, or thresholds, and its application may be further defined or extended through subordinate instruments as necessary.
Key Provisions
The key operative sections of the legislation, contained within the Letters Patent issued on 10 May 1978, pertain primarily to the modification of previous Letters Patent dated 24 April 1978. Section 1 of these Letters Patent sets out the authority for the alteration, citing the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902, and other enabling powers. Section 2 specifies the new scope of the inquiry, requiring the Commissioner to investigate whether the Honourable Eric Robinson made any statements concerning the likely decisions of the Commonwealth Government regarding uranium mining in Australia on 26 July 1977 at Beaudesert, Queensland. This addition broadens the original mandate of the inquiry.
The obligations and requirements imposed by the Letters Patent on the parties governed by it are primarily centred on the duties of the Commissioner, Douglas Gordon Patrick McGregor. As a Commissioner, McGregor is tasked with conducting a thorough and impartial inquiry into the specified matters. This includes the collection of evidence, interviewing relevant witnesses, and preparing a comprehensive report on the findings. The Commissioner must ensure that the inquiry is conducted in a manner that is fair and transparent, adhering to the principles of natural justice and procedural fairness. The Commissioner is also required to submit the report to the appropriate authorities within a specified timeframe.
Breaches of the obligations set out in the Letters Patent may result in civil or criminal consequences, depending on the nature and severity of the breach. Under Section 11 of the Royal Commissions Act 1902, any person who wilfully gives false evidence or information to a Commissioner may be guilty of an offence and is liable to a fine or imprisonment. Additionally, any person who obstructs or interferes with a Commissioner in the performance of their duties may also be subject to penalties. The maximum penalties for these offences are not specified in the Letters Patent but would typically be determined by the courts based on the circumstances of the case. Failure to comply with the requirements of the inquiry could also result in legal challenges to the validity of the inquiry and its findings.