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 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 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, and by Letters Patent dated 12 April 1988, be further amended, but without prejudice to anything lawfully done thereunder, as set out in the Schedule:
AND WE DO ordain that the amendments made by clause 1 of the Schedule shall commence on 16 February 1989.
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 1 February 1989
By Her Majesty’s Command,
BOB HAWKE
Prime Minister
Schedule
Amendments of the Constitution of the Order of Australia
- Subsection 2 (1) is revoked and the following subsection substituted:
“(1) The Governor‑General of the Commonwealth of Australia shall be the Chancellor of the Order and the Principal Companion in the General Division.”.
2. Section 18A is amended by omitting subsection (2).
Overview
The Letters Patent, C2010Q00040, enacted in 1989, amend the Constitution of the Order of Australia, originally established in 1975. This amendment was introduced to address the need for modifications to the governance structure of the Order. The enacting body, as stated in the text, is Elizabeth II, Queen of Australia, who issued the Letters Patent under the authority of the Great Seal of Australia. The policy objective of these amendments was to adjust the administrative framework of the Order, specifically by altering the role of the Chancellor and the Principal Companion within the General Division. This amendment was designed to streamline the governance and operations of the Order of Australia, ensuring that it operates effectively and aligns with contemporary administrative practices.
Scope and Application
The Letters Patent dated 1 February 1989 amends the Constitution of the Order of Australia, established by the Letters Patent dated 14 February 1975. This Act applies to the Order of Australia, a society of honour, and its members. The geographic and jurisdictional reach of the Act is national, applying across the Commonwealth of Australia. The Act specifies the roles and responsibilities within the Order, such as designating the Governor-General as the Chancellor and the Principal Companion in the General Division, thereby establishing a clear hierarchical structure for the Order. The Act does not explicitly outline exclusions, exemptions, or thresholds for membership, but these are typically determined by the criteria established within the Order's governance framework. The Letters Patent may extend or restrict the application of the Act through subordinate instruments, which are not detailed in the provided text.
Key Provisions
The primary operative sections of this legislation concern the amendments to the Constitution of the Order of Australia. Specifically, subsection 2(1) is revoked, and a new subsection is substituted, which states that the Governor-General of the Commonwealth of Australia shall be the Chancellor of the Order and the Principal Companion in the General Division (Schedule, Clause 1). Additionally, section 18A is amended by omitting subsection (2), although the specific changes to section 18A are not detailed in the provided excerpt. These changes are intended to update and clarify the governance structure of the Order of Australia.
The Act imposes certain obligations and requirements on the parties involved. Firstly, it designates the Governor-General as the Chancellor of the Order and the Principal Companion in the General Division, thereby establishing the Governor-General's role in the administration and oversight of the Order. This change in the Constitution likely impacts the procedures for appointments, membership, and the overall governance of the Order of Australia. The exact implications of the omission of subsection (2) from section 18A are not explicitly stated, but it may alter the operational or administrative aspects related to this section.
The legislation also includes provisions for potential consequences in the event of a breach. While the specific offences, penalties, or consequences are not detailed in the provided text, it is reasonable to infer that any breaches of the amended provisions could lead to legal repercussions. This might include civil or criminal penalties, depending on the nature and severity of the breach. The precise penalties would be determined based on the specific laws and regulations governing the Order of Australia and the context in which the breach occurs.