ELIZABETH R
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 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 above‑mentioned 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 and by Letters Patent dated 1 February 1989, 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. James’s on 5 December 1991
By Her Majesty’s Command,
BOB HAWKE
Prime Minister
Schedule
Amendments to the Constitution of the Order of Australia
1. Section 4 is amended by omitting subparagraph (1) (e) (iii) and substituting the following subparagraph:
“(iii) one may be a person nominated by the Australian Capital Territory.”.
Overview
The Letters Patent of 1991, issued under the authority of Elizabeth II, amended the Constitution of the Order of Australia, originally established by Letters Patent on 14 February 1975. This legislative instrument aimed to address the need for updating the membership provisions of the Order to include a representative from the Australian Capital Territory. The enacting body was the Commonwealth of Australia, and the policy objective was to ensure the inclusivity and representation of all Australian territories within the Order of Australia. This amendment was made without prejudice to any actions lawfully taken under the previous Letters Patent, ensuring continuity and legal validity.
The amendments, detailed in the Schedule, specifically altered Section 4 to allow for a member to be nominated by the Australian Capital Territory, thereby reflecting the evolving governance structures within Australia and providing a more comprehensive representation of the nation's territories within the Order of Australia. This legislative action underscores the commitment to maintaining and updating national honours to reflect contemporary Australian society.
Scope and Application
The Order of Australia, established by Letters Patent on 14 February 1975 and subsequently amended, is governed by a series of constitutional amendments that refine the framework and membership of the Order. These amendments, most recently dated 5 December 1991, are designed to update the Constitution to reflect changes in governance and representation within Australia. The Order of Australia is an institution of honour that recognises Australian citizens and other persons for their service to Australia or humanity at large, and the amendments are aimed at ensuring the Order remains relevant and reflective of contemporary Australian society. The scope of the Order extends to all individuals who meet the criteria for membership, as delineated in the Constitution, and includes both Australian citizens and, in some cases, foreign nationals who have made significant contributions to Australia or humanity. The amendments to the Constitution are binding and apply across the Commonwealth of Australia, thereby ensuring a uniform application of the Order's principles and practices. The Order, through its amendments, remains a prestigious recognition of merit and service, with membership criteria and processes defined and overseen by the Australian government.
Key Provisions
The main operative sections of this piece of legislation focus on amending the Constitution of the Order of Australia, which was established by Letters Patent dated 14 February 1975. Section 4 is specifically amended (paragraph 1), with the alteration to subparagraph (1) (e) (iii) allowing for the nomination of a member by the Australian Capital Territory. This change broadens the scope of who can be nominated for membership in the Order of Australia, previously limited to nominations by the states and territories of Australia.
The Act imposes several obligations on the parties involved, including the requirement for nominations to be made in accordance with the amended Constitution. The Australian Capital Territory, along with the states, must follow the specified criteria and processes for nominating individuals for membership in the Order of Australia. These nominations must align with the values and objectives of the Order, which are to recognise Australian citizens and other persons who have rendered exceptional service to Australia or humanity at large.
Failure to comply with the provisions of the amended Constitution could lead to various consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in this excerpt, breaches of the Order’s regulations could result in disciplinary actions or the revocation of membership. Typically, such breaches might be subject to review by a relevant authority within the Order, with potential penalties ranging from formal warnings to the annulment of membership. Given the nature of the Order, any significant breach could also attract public scrutiny and tarnish the reputation of both the nominee and the nominator.