Constitution of the Order of Australia (Amendment)

Administered by Department of the Prime Minister and Cabinet

Legislation au C2010Q00033 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 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 We are minded to establish a new category of membership and a new award within the Order and to make further and other provision with respect to eligibility, membership and the Constitution of the Order:

KNOW YOU that We, by these Presents, declare Our pleasure that the above-mentioned Letters Patent of the fourteenth day of February 1975 be amended, but without prejudice to anything lawfully done thereunder, as set out in the Schedule:

AND WE DO ordain that appointments to a category in the Civil Division of the Order made before the date of these Our Letters Patent shall be treated as having been made to that category in the General Division of the Order.

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 May 1976

 

 

By Her Majesty’s Command,

MALCOLM FRASER

Prime Minister

Schedule

Amendments of the Constitution of the Order of Australia

1. Section 1 is amended—

 (a) by omitting ‘Civil’ (wherever occurring) and substituting ‘General’;

 (b) by omitting sub-section (3) and substituting the following sub­section:

 ‘(3) Appointments to the Order shall be as Knight or Dame, Companion, Officer, or Member.’; and

 (c) by adding at the end of the following sub-section:

 ‘(5) There shall be a Medal of the Order called the “Medal of the Order of Australia”.’.

2. Section 2 is revoked and the following section substituted:

 ‘2. The Governor-General of the Commonwealth of Australia shall be the Chancellor of the Order and the Principal Knight or Dame, as the case may be, in the General Division.’.

3. Section 4 is amended—

 (a) by omitting from paragraph (b) of sub-section (1) ‘Executive Council’ and substituting ‘Federal Executive Council’;

 (b) by omitting from paragraph (c) of sub-section (1) ‘Department of the Special Minister of State’, and substituting ‘to the Department of Administrative Services’;

 (c) by omitting from paragraph (e) of that sub-section ‘Australia’ and substituting ‘the Commonwealth of Australia’; and

 (d) by omitting from sub-section (2) ‘his’.

4. Section 5 is amended—

 (a) by adding after ‘Order’ in paragraph (a) ‘and for the award of the ‘Medal of the Order’; and

 (b) by omitting from paragraph (c) ‘he’ and substituting ‘the Governor-General’.

5. Section 7 is revoked and the following section substituted:

 ‘7. The Governor-General may appoint such other officials for the Order as are, in the Governor-General’s sole discretion, considered to be necessary for the purpose.’.

6. Section 8 is amended by omitting ‘his’ and substituting ‘that person’.

7. Section 9 is amended by omitting ‘to the Order’ and substituting ‘as members of the Order and awards of the Medal of the Order’.

8. The heading before section 11 is amended by omitting ‘CIVIL’ and substituting ‘GENERAL’.

9. Section 11 is revoked and the following sections and heading substituted:

 ‘11. (1) Australian citizens, including members of the Defence Force, are eligible to be appointed to the Order as members in the General Division.

 ‘(2) Persons other than Australian citizens are eligible to be appointed to the Order as honorary members in the General Division.

 ‘(3) The Medal of the Order in the General Division may be awarded to Australian citizens and other persons.

Order of Australia—Knights and Dames in the General Division

 ‘11A. (1) Appointments as Knights or Dames, or honorary Knights or Dames, in the General Division shall be made for extraordinary and pre-eminent achievement and merit in service to Australia or to humanity at large.

 ‘(2) Notwithstanding sub-section (1), a distinguished person who is not an Australian citizen may be appointed an honorary Knight or Dame in the General Division where it is desirable that the person be honoured by Australia.

 ‘11B. Where a person ceases to hold office as Governor-General, he or she shall continue to be a Knight or Dame, as the case may be, in the General Division.

 ‘11C. The Governor-General may appoint to be Knights and Dames in the General Division, other than honorary Knights and Dames, not more than two persons in any calendar year.’.

10. The heading before section 12 is amended by omitting ‘Civil’ and substituting ‘General’.

11. Section 12 is amended by omitting ‘Civil’ (wherever occurring) and substituting ‘General’.

12. Section 13 is revoked.

13. Section 14 is amended by omitting ‘Civil’ and substituting ‘General’.

14. The heading before section 15 is amended by omitting ‘Civil’ and substituting ‘General’.

15. Section 15 is amended by omitting ‘Civil’ (wherever occurring) and substituting ‘General’.

16. Section 16 is amended by omitting ‘Civil’ and substituting ‘General’.

17. The heading before section 17 is amended by omitting ‘Civil’ and substituting ‘General’.

18. Section 17 is amended by omitting ‘Civil’ (wherever occurring) and substituting ‘General’.

19. Section 18 is amended by omitting ‘Civil’ and substituting ‘General’.

20. After section 18 the following heading and section are inserted:

Medal of the Order of Australia—Awards in the General Division

 ‘18A. Awards of the Medal of the Order in the General Division may be made for service worthy of particular recognition.’.

21. Section 19 is amended by omitting ‘Civil Division’ and substituting ‘General Division or a nomination of a person for the award of the Medal of the Order in the General Division’.

22. Section 20 is amended by adding at the end the following sub-section:

 ‘(4) The Medal of the Order in the Military Division may be awarded to members of the Defence Force.’.

23. After section 23 the following heading and section are inserted:

Medal of the Order of Australia—Awards in the Military Division

‘23A. Awards of the Medal of the Order in the Military Division may be made for meritorious service or performance of duty.’.

24. Section 24 is amended by inserting after ‘Division’ in sub-section (1) ‘and awards of the Medal of the Order in the Military Division’.

25. Section 25 is amended—

 (a) by omitting from sub-section (1) ‘his’ and substituting ‘that person’;

 (b) by omitting paragraph (a) of sub-section (2) and substituting the following paragraph:

‘  ‘(a) the death of the person;’;

 (c) by omitting from paragraph (b) of sub-section (2) ‘his resignation’ and substituting ‘the resignation of the person’;

 (d) by omitting from paragraph (c) of sub-section (2) ‘his appointment’ and substituting ‘the appointment of that person’; and

 (e) by adding at the end the following sub-section:

 ‘(4) An award of the Medal of the Order may be cancelled by Ordinance, but an award that has been so cancelled may be restored by Ordinance.’.

26. The heading before section 25 is amended by adding at the end ‘AND CANCELLATION OF AN AWARD OF THE MEDAL’.

27. Section 26 is revoked and the following section substituted:

‘26. (1) A Knight or Dame, or honorary Knight or Dame, of the Order is entitled—

 (a) to have the letters “A.K.” or “A.D.”, as the case may be, placed after his or her name on all occasions when the use of such letters is customary; and

 (b) to wear as a decoration the prescribed insignia for Knights of the Order, or Dames of the Order, as the case may be.

 ‘(2) A Knight or Dame of the Order is entitled to use the title “Sir” or “Dame”, as the case may be, before his or her name.

 ‘(3) A Companion or honorary Companion of the Order is entitled—

 (a) to have the letters “A.C.” placed after his or her name on all occasions when the use of such letters is customary; and

 (b) to wear as a decoration the prescribed insignia for Companions of the Order.

 ‘(4) An Officer or honorary Officer of the Order is entitled—

 (a) to have the letters “A.O.” placed after his or her name on all occasions when the use of such letters is customary; and

 (b) to wear as a decoration the prescribed insignia for Officers of the Order.

 ‘(5) A Member or honorary Member of the Order is entitled—

 (a) to have the letters “A.M.” placed after his or her name on all occasions when the use of such letters is customary; and

 (b) to wear as a decoration the prescribed insignia for Members of the Order.

 ‘(6) A person who has been awarded the Medal of the Order is entitled—

 (a) to have the letters “O.A.M.” placed after his or her name on all occasions when the use of such letters is customary; and

 (b) to wear as a decoration the prescribed insignia for holders of the Medal of the Order.’.

28. Section 28 is amended by omitting sub-section (2) and substituting the following sub-section:

 ‘(2) Where a person ceases, otherwise than by death, to be a member of the Order or to be a holder of the Medal of the Order, that person shall forthwith return to the Secretary of the Order the insignia of the Order.’.

Overview

The Letters Patent, enacted in 1976, amended the Constitution of the Order of Australia to create a new category of membership and a new award within the Order, addressing the need to recognise a broader spectrum of contributions to Australia and humanity. This prerogative instrument was issued by Queen Elizabeth II under the authority of the Australian Government, aiming to modernise and expand the honours system. The policy objective was to recognise extraordinary and pre-eminent achievements and merits in service to Australia or to humanity at large, as well as to provide a means to honour distinguished non-citizens. The Order of Australia, originally established in 1975, was expanded to include the Medal of the Order of Australia and to introduce the General Division, replacing the former Civil Division. This change allowed for a more inclusive recognition system, accommodating both citizens and non-citizens and providing additional honours for meritorious service.

Scope and Application

The Letters Patent, bearing the date of 24 May 1976, amends the existing Letters Patent from 1975, thereby establishing new categories of membership and a new award within the Order of Australia, governed by the Commonwealth of Australia. This Act applies to all persons who are appointed to the Order of Australia, including Australian citizens, members of the Defence Force, and non-Australian citizens eligible for honorary membership. The Act also applies to the Governor-General, who holds the position of Chancellor of the Order and the Principal Knight or Dame in the General Division. The geographic reach of the Act is national, as it pertains to the Commonwealth of Australia. The Letters Patent establish eligibility criteria for appointments to the Order, including the new General Division, and for the award of the Medal of the Order. This Act does not specify any exclusions or exemptions, and its application may be further extended or restricted through subordinate instruments as deemed necessary by the Governor-General. The new provisions govern the appointment of Knights and Dames in the General Division, the award of the Medal of the Order, and the cancellation of such awards.

Key Provisions

The legislation (C2010Q00033) establishes the Order of Australia, which is an honour society in Australia. It introduces a new category of membership and a new award within the Order, the Medal of the Order of Australia. The Order has four categories: Knight or Dame, Companion, Officer, and Member (Section 3). The Governor-General of the Commonwealth of Australia is designated as the Chancellor of the Order and the Principal Knight or Dame in the General Division (Section 2). The Governor-General has the authority to appoint officials for the Order as necessary (Section 7). Australian citizens and members of the Defence Force can be appointed to the Order as members in the General Division (Section 11(1)), while non-Australian citizens can be appointed as honorary members (Section 11(2)). The Medal of the Order can be awarded to Australian citizens, other persons, and members of the Defence Force (Sections 18A and 20(4)). The Order of Australia and its members are governed by several obligations. Members and holders of the Medal of the Order are entitled to use specific post-nominal letters and wear insignia (Section 26). Members who cease to be part of the Order must return their insignia to the Secretary of the Order (Section 28(2)). Appointments as Knights or Dames, or honorary Knights or Dames, in the General Division are made for extraordinary and pre-eminent achievement and merit in service to Australia or humanity at large (Section 11A(1)). The Governor-General can appoint up to two persons as Knights or Dames in the General Division each year (Section 11C). Awards of the Medal of the Order in the General Division can be made for service worthy of particular recognition (Section 18A). The legislation outlines several offences and consequences for breach. An award of the Medal of the Order can be cancelled by Ordinance, but an award that has been so cancelled may be restored by Ordinance (Section 25(4)). Where a person ceases to be a member of the Order or to be a holder of the Medal of the Order, they must return the insignia to the Secretary of the Order (Section 28(2)). The specific penalties for breaches are not stated in the legislation. However, in general, breaches of Australian legislation can result in fines, imprisonment, or both, depending on the severity of the offence.

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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.