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 passed under the Great Seal of Australia, bearing date at St James’s the fourteenth day of February 1975, We did establish a society of honour known as the ‘Order of Australia’ and made other provision with respect to membership and the Constitution of the Order:
AND WHEREAS by Letters Patent passed under the Great Seal of Australia, bearing date at St. James’s the twenty-fourth day of May 1976, We established a new category of membership of the Order, namely, membership as a Knight or Dame of the Order:
AND WHEREAS We are desirous that His Royal Highness Charles, Prince of Wales, be a Knight of the Order having precedence of all Knights and Dames of the Order, other than Our Governor-General of the Commonwealth of Australia:
KNOW YOU that We, by these Presents, declare Our pleasure that the above-mentioned Letters Patent of the fourteenth day of February 1975 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 14 March 1981
By Her Majesty’s Command,
MALCOLM FRASER
Prime Minister
Schedule
Amendment of the Constitution of the Order of Australia
After section 3 the following section is inserted:
‘3A. His Royal Highness Charles, Prince of Wales, shall be a Knight in the General Division of the Order and shall have precedence of all Knights and Dames of the Order other than the Governor-General of the Commonwealth of Australia’.
Overview
The Letters Patent, C2010Q00036, enacted in 1981, is a prerogative instrument designed to amend the Constitution of the Order of Australia. It was introduced to formally recognise His Royal Highness Charles, Prince of Wales, as a Knight of the Order, ensuring he has precedence over all other Knights and Dames except the Governor-General of the Commonwealth of Australia. This enactment was carried out by Elizabeth II, under the authority of the Commonwealth of Australia, and the policy objective was to honour and acknowledge the Prince of Wales's contributions and standing within the Order of Australia. The Letters Patent were passed under the Great Seal of Australia, a symbol of the sovereign's authority, thereby legally solidifying the changes to the Order's constitution.
Scope and Application
The Letters Patent, which amend the Constitution of the Order of Australia, applies to the specific individual, His Royal Highness Charles, Prince of Wales, designating him as a Knight in the General Division of the Order and granting him precedence over all other Knights and Dames of the Order, except for the Governor-General of the Commonwealth of Australia. This alteration is made by amending the foundational Letters Patent of the Order of Australia, dated 14 February 1975, and supplemented by further Letters Patent dated 24 May 1976, which established the category of membership as a Knight or Dame of the Order. The amendment is a prerogative instrument under the Commonwealth of Australia and has a national jurisdictional reach, affecting the hierarchy and membership of the Order of Australia. No exclusions, exemptions, or thresholds are explicitly stated in the text, and the application of the Act does not extend or restrict through subordinate instruments.
Key Provisions
The principal operative sections of the C2010Q00036 legislation (the "Prerogative instrument") pertain to the amendment of the Constitution of the Order of Australia, specifically inserting a new section 3A (section 3A). This section stipulates that His Royal Highness Charles, Prince of Wales, shall be a Knight in the General Division of the Order and shall have precedence over all other Knights and Dames of the Order, except for the Governor-General of the Commonwealth of Australia. This amendment follows the Letters Patent established on 14 February 1975 and 24 May 1976, which originally established the Order of Australia and the category of membership as a Knight or Dame.
The Act imposes certain obligations and requirements on the parties involved. It mandates that His Royal Highness Charles, Prince of Wales, be recognised as a Knight in the General Division of the Order of Australia and be granted precedence over all other Knights and Dames, except for the Governor-General. This recognition and precedence are to be upheld within the constitutional framework of the Order of Australia, ensuring that the established hierarchy is maintained. Additionally, the Act ensures that the amendment does not prejudice any lawful actions taken under the original Letters Patent, maintaining the integrity of prior decisions and actions within the Order.
The legislation does not explicitly outline specific offences, penalties, or consequences for breach. However, the failure to comply with the constitutional requirements and recognition of precedence as mandated by section 3A could potentially lead to legal challenges or disputes within the Order of Australia. Given the ceremonial and honorary nature of the Order, breaches might result in formal reprimands, loss of honour, or other disciplinary actions as deemed appropriate by the relevant authorities. While the Act does not state maximum penalties, the consequences of non-compliance would likely be addressed within the Order's internal governance and disciplinary procedures.