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 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, and by Letters Patent dated 5 December 1991, 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 24 February 1993
By Her Majesty’s Command,
PAUL KEATING
Prime Minister
Schedule
Amendments of the Constitution of the Order of Australia
1. Section 1 is amended by omitting subsections (4) and (5) and substituting the following subsections:
“(4) There shall be a Medal of the Order called the ‘Medal of the Order of Australia’.
“(5) Every Australian citizen appointed to the Order or awarded the Medal of the Order is a member of the Order and every other person appointed to the Order or awarded the Medal of the Order is an honorary member of the Order.”.
2. Section 9 is amended by omitting “as members of” and substituting “to”.
3. Section 24 is amended:
(a) by omitting from subsection (1) “as members of the Order” and substituting “to the Order as members”;
(b) by omitting from subsection (2) “appointments as honorary members of the Order” and substituting “appointments to the Order as honorary members”.
4. Section 25 is amended:
(a) by adding at the end of subsection (1):
“or to be awarded the Medal of the Order”;
(b) by omitting paragraph (c) from subsection (2) and substituting:
“(c) the termination of the appointment of the person to the Order by Ordinance; or
“(d) the cancellation of the award to the person of the Medal of the Order by Ordinance.”;
(c) by omitting subsections (3) and (4) and substituting:
“(3) An appointment that has been terminated, or an award of the Medal of the Order that has been cancelled, may be restored by Ordinance.”.
5. Subsection 28 (2) is amended by omitting “or to be a holder of the Medal of the Order”.
Overview
The Order of Australia Letters Patent 1993, enacted in 1993, amends the Constitution of the Order of Australia, originally established by Letters Patent dated 14 February 1975. The principal objective of these amendments is to streamline and clarify the membership structure of the Order, notably by introducing the Medal of the Order of Australia and redefining membership categories. This legislation, issued under the authority of the Governor-General as a prerogative instrument on behalf of the Queen, aims to ensure that all Australian citizens appointed to the Order or awarded the Medal are considered members of the Order, while other appointees or awardees become honorary members. The amendments also provide for the restoration of terminated appointments or cancelled Medal awards by Ordinance, reflecting a policy to maintain the integrity and honour associated with the Order.
Scope and Application
The Letters Patent, as amended, establish and govern the Order of Australia, an institution designed to recognise and honour Australians who have made meritorious and distinguished contributions to Australian society. This Act applies to individuals, including Australian citizens and foreign nationals, who are appointed to the Order or awarded the Medal of the Order of Australia. The appointments and awards can be made to individuals based on their achievements and contributions, with Australian citizens becoming members and others becoming honorary members of the Order. The jurisdiction of this Act is the Commonwealth of Australia, and it applies nationally. The Act does not explicitly state any exclusions or thresholds but implies that the criteria for appointments and awards are determined by the provisions of the Order's Constitution. The Letters Patent provide the authority for the Queen, on the advice of the Prime Minister, to make further amendments to the Order's Constitution, extending or restricting its application through subordinate instruments.
Key Provisions
The main sections of this legislation amend the Constitution of the Order of Australia, established by Letters Patent on 14 February 1975. The key amendments include the introduction of the Medal of the Order of Australia and the clarification of membership categories (sections 1, 4 and 5). Subsections (4) and (5) of Section 1 now state that every Australian citizen appointed to the Order or awarded the Medal is a member, and every other person appointed to the Order or awarded the Medal is an honorary member. Section 9 now refers to appointments "to" the Order, rather than as members of it. Section 24 has been revised to reflect this change, with references to "appointments to the Order as members" and "appointments to the Order as honorary members" replacing previous references to "appointments as members of the Order" and "appointments as honorary members of the Order". Section 25 has been updated to include provisions for the termination of appointments or the cancellation of Medal awards by Ordinance, and the restoration of such appointments or awards by the same means.
The legislation imposes several obligations on the parties it governs. It establishes clear criteria for membership in the Order of Australia, distinguishing between Australian citizens and others who may be appointed or awarded the Medal. It also outlines the process for the termination and restoration of appointments and Medal awards. Furthermore, the legislation mandates that the Order's appointments and awards be made by Ordinance, ensuring a formal and documented process for these actions.
Breaches of the provisions outlined in this legislation may result in various consequences. The specific offences, penalties, or civil/criminal consequences for breach are not detailed in the text provided, and thus, it is not possible to provide maximum penalties or further details on this aspect. However, given the formal nature of the amendments and the established procedures for appointments and awards, it is likely that any breaches would be subject to appropriate disciplinary or legal action.