Constitution of the Order of Australia (Amendment)

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Legislation au C2010Q00046 In force Prerogative Instrument

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ELIZABETH R

 

 

 

 

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 ALL to whom these Presents shall come,

GREETING:

WHEREAS, by Letters Patent dated 14 February 1975, We established a society of honour to be known as the Order of Australia and made provision with respect to membership and the Constitution of the Order:

AND WHEREAS it is desirable that certain amendments be made to the Constitution of the Order:

KNOW YOU that We do, by these Presents, declare Our pleasure that the abovementioned Letters Patent dated 14 February 1975, as amended by Letters Patent dated 24 May 1976, by Letters Patent dated 14 March 1981, by Letters Patent dated 3 March 1986, by Letters Patent dated 12 April 1988, by Letters Patent dated 1 February 1989, by Letters Patent dated 5 December 1991, by Letters Patent dated 24 February 1993 and by Letters Patent dated 1 August 1996, be further amended, but without prejudice to anything lawfully done thereunder, as set out in the Schedule:

IN WITNESS whereof We have caused these Our Letters to be made Patent.

GIVEN under the Great Seal of Australia at Our Court at St Jamess on 5 March, 1998

By Her Majestys Command,

JOHN HOWARD

Prime Minister

Schedule

Amendments of the Constitution of the Order of Australia

1.   Section 4

1.1   Paragraph 4 (1) (c):

Omit the paragraph, substitute:

 (c) the person for the time being occupying, or performing the duties of, the office prescribed for the purposes of this paragraph by the Minister responsible for the administration of the Australian honours system or any Minister or member of the Executive Council acting for or on behalf of that Minister; and.

1.2   Paragraph 4 (1) (e):

Omit the paragraph, substitute:

 (e) 16 persons appointed by the Governor-General, of whom:

 (i) 8 shall be nominated by the Prime Minister; and

 (ii) one shall be nominated by the State of New South Wales; and

 (iii) one shall be nominated by the State of Victoria; and

 (iv) one shall be nominated by the State of Queensland; and

 (v) one shall be nominated by the State of Western Australia; and

 (vi) one shall be nominated by the State of South Australia; and

 (vii) one shall be nominated by the State of Tasmania; and

 (viii) one shall be nominated by the Northern Territory of Australia; and

 (ix) one shall be nominated by the Australian Capital Territory..

1.3   Subsection 4 (3):

Omit the subsection, substitute:

 (3) The Governor-General shall:

 (a) on the recommendation of the Prime Minister, appoint one of the members appointed under subparagraph (1) (e) (i) to be Chairman of the Council; and

 (b) in the event of the Chairman being unavailable to act in the office, appoint another member appointed under subparagraph (1) (e) (i) to act as Chairman of the Council..

1.4 Subsection 4 (4):

Omit the subsection, substitute:

 (4) If a member of the Council is absent or unable to act in that capacity, the member may be represented on the Council:

 (a) if the member is the Vice-President of the Federal Executive Council—by another member of the Federal Executive Council under summons chosen, in accordance with arrangements made by the GovernorGeneral, to act in the members place as a member of the Council; or

 

 (b) if the member is a member referred to in paragraph (1) (c) or (d) or subparagraph (1) (e) (ii), (iii), (iv), (v), (vi), (vii), (viii) or (ix)—by a person chosen, in accordance with arrangements made by the Governor-General, to act in the members place as a member of the Council..

2.   New section 5A

2.1   After section 5, insert:

5A (1) 10 members of the Council constitute a quorum for the transaction of the business of the Council.

 (2) In this section, member of the Council includes a person chosen to act, under subsection 4 (4), in the place of a member mentioned in paragraph 4 (1) (b), (c), (d) or (e)..

3.   Section 19

3.1   Omit 19, substitute 19 (1).

3.2   Add at the end:

 (2) Upon the recommendation of the Prime Minister, appointments to the Order as honorary members in the General Division may be made by the Governor-General..

4.   Section 20

4.1   Subsection 20 (1):

Omit the subsection, substitute:

 (1) The following are eligible to be appointed to the order as members in the Military Division:

 (a) members of the Defence Force; and

 (b) former members of the Defence Force whose Defence Force service has ceased for not more than one year; and

 (c) other persons determined by the Minister for Defence for the purposes of this paragraph.,

4.2   Subsection 20 (4):

Omit the subsection, substitute:

 (4) The Medal of the Order in the Military Division may be awarded to:

 (a) members of the Defence Force; and

 (b) former members of the Defence Force whose Defence Force service has ceased for not more than one year; and

 (c) other persons determined by the Minister for Defence for the purposes of this paragraph.,

5.   Section 24

5.1   Omit the section, substitute:

24 (1) Upon the recommendation of the Minister for Defence, appointments to the Order as members in the Military Division and awards of the Medal of the Order in the Military Division may be made by the Governor-General.

 (2) Upon the recommendation of the Minister for Defence, appointments to the Order as honorary members in the Military Division may be made by the Governor-General. .

6.   Section 30

6.1   Omit prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Constitution, and, in particular, prescribing matters for or in relation to , substitute "prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Constitution and, in particular, prescribing matters for:

6.2   Paragraph 30 (d):

Omit investitures., substitute investitures; and.

6.3   Add at the end:

 “(e) terminations and cancellations.”.

 

Overview

The Order of Australia Act 1975, enacted in 1975, established the Order of Australia as a society of honour to recognise Australians who have made meritorious achievement or service to Australia or humanity at large. This Act aimed to provide a formal system of recognising and honouring Australians for their exceptional contributions. The Act was introduced by the Commonwealth Parliament and seeks to maintain the prestige and integrity of the Australian honours system. The 1998 amendments to the Act, enacted by Letters Patent dated 5 March 1998, sought to refine the governance and membership criteria of the Order of Australia, ensuring it reflects contemporary Australian values and the evolving nature of meritorious service. The policy objective of these amendments was to enhance the administration and recognition process within the Order.

Scope and Application

The Prerogative Instrument, C2010Q00046, pertains to amendments of the Constitution of the Order of Australia, which is a society of honour established by Letters Patent dated 14 February 1975. The Act applies to the members of the Order, including the Governor-General, Prime Minister, state and territory representatives, and the Defence Force members, as well as their eligibility for appointments and awards. The geographic and jurisdictional reach of this legislation is limited to the Commonwealth of Australia, governing the administration of the Australian honours system. The Order's administration is overseen by the Council, whose composition and procedures are detailed in the amendments, and the Governor-General has the authority to make appointments and awards upon the recommendations of the Prime Minister or the Minister for Defence. This Act does not specify any exclusions, exemptions, or thresholds, but it allows for further regulation through subordinate instruments, such as rules or regulations, to facilitate the implementation of the amendments.

Key Provisions

The main operative sections of the instrument concern amendments to the Constitution of the Order of Australia, as specified in the Schedule. Section 4 of the Order's constitution is amended to adjust the composition and appointment of its Council. Specifically, subsection 4(1)(c) is revised to include the person occupying the office prescribed by the Minister responsible for the Australian honours system, and subsection 4(1)(e) now includes 16 persons appointed by the Governor-General, with specific nominations from the Prime Minister and state and territory governments. Furthermore, subsection 4(3) specifies that the Governor-General will appoint a Chairman from among the members appointed under subsection 4(1)(e)(i), and subsection 4(4) allows for representation in the event of a member's absence. A new section, 5A, is introduced, stating that 10 members constitute a quorum for Council business. Additionally, section 19 is amended to allow for honorary appointments upon the Prime Minister's recommendation, and section 20 outlines eligibility for appointments and awards in the Military Division, also upon ministerial recommendation. The Act imposes several obligations on the parties involved. The Governor-General is tasked with appointing the Chairman of the Council and any acting Chair, as well as making appointments and awards upon ministerial recommendations. The Prime Minister must recommend individuals for honorary appointments, and nominate members for the Council. State and territory governments must nominate specific members for the Council, as outlined in the amended section 4(1)(e). The Minister for Defence must recommend individuals for appointments and awards in the Military Division. The Council itself must ensure that 10 members constitute a quorum for its meetings. Breach of the provisions in this Act could lead to various consequences, although specific offences, penalties, or consequences are not detailed within the text provided. Generally, failure to comply with the prescribed processes for appointments, awards, and Council meetings could result in invalid actions taken by the Council or the Governor-General. This might lead to legal challenges regarding the validity of appointments or awards made under the Order of Australia. The precise legal ramifications would depend on the interpretation of the Act by the courts and applicable common law principles.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.