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 dated 14 February 1975, We established a society of honour to be known as the “Order of Australia” and made provision with respect to the 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, by Letters Patent dated 5 December 1991, by Letters Patent dated 24 February 1993, by Letters Patent dated 1 August 1996 and by Letters Patent dated 5 March 1998, 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 30 April 2003
By Her Majesty’s Command
JOHN HOWARD
Prime Minister
Schedule
Amendments of the Constitution of the Order of Australia
[1] Section 14
omit
25
insert
30
[2] Section 16
omit
100
insert
125
[3] Section 18
omit
225
insert
300
Overview
The Letters Patent of 30 April 2003 amends the Constitution of the Order of Australia, originally established by Letters Patent dated 14 February 1975, to update the membership limits and address any legislative gaps that may have arisen due to changes in societal values and the evolving nature of the honours system. This prerogative instrument was issued under the authority of Queen Elizabeth II, reflecting the constitutional framework of Australia as a Commonwealth realm, with the amendments being enacted by the Prime Minister, the Hon. John Howard. The overarching policy objective of these amendments is to ensure that the Order of Australia remains a relevant and prestigious institution, capable of recognising a broad spectrum of achievements and contributions to the nation.
These amendments, authorised by the Commonwealth of Australia and executed by the Queen's command, aim to modernise the Order of Australia by adjusting the numerical limits on membership, thereby allowing for a more dynamic and representative honours system that better reflects contemporary Australian society. The enacting body, in this instance, is the Queen acting on the advice of the Australian government, illustrating the interplay between the Commonwealth’s legislative powers and the traditional role of the Crown in the governance of the nation.
Scope and Application
The Letters Patent pertains to the constitutional amendments of the Order of Australia, which was established by the Queen under Letters Patent dated 14 February 1975. This Act applies to the membership of the Order of Australia, governing the criteria and process for the appointment of members, as well as the structure and rules of the Order. The Order is a society of honour, recognising Australians who have rendered exceptional service or achieved outstanding merit in any field of human endeavour. The constitutional amendments outlined in the Letters Patent affect the maximum number of living members that can be appointed to the Order, increasing the limits specified in previous versions. The geographic reach of this Act is national, applying across the Commonwealth of Australia. There are no stated exclusions, exemptions, or thresholds in the text, though the Order of Australia itself may have specific criteria for membership. The Act does not extend or restrict its application through subordinate instruments as per the provided text.
Key Provisions
The main operative sections of this legislation (C2010Q00047) involve the amendment of the Letters Patent establishing the Order of Australia. Specifically, it amends the membership quotas set out in the Constitution of the Order. Section 14 now omits the previous limit of 25 members and inserts a new limit of 30. Similarly, Section 16 removes the previous limit of 100 members and replaces it with a new limit of 125. Lastly, Section 18 changes the former limit of 225 members to a new limit of 300. These amendments reflect an expansion in the allowable membership of the Order of Australia.
The amendments impose certain obligations and requirements on the parties involved. The most notable obligation is the adjustment of the membership quotas, which now allow for up to 30 members in one category, 125 in another, and 300 overall. This necessitates a re-evaluation and potentially a re-allocation of memberships within the Order of Australia to align with the new limits. The changes also require adherence to the updated Constitution, ensuring that any future appointments or nominations comply with the revised membership caps.
Failure to adhere to the new membership limits set by the amended Constitution may result in consequences. Although the legislation does not explicitly detail offences or penalties, breaches of the updated membership quotas could lead to legal scrutiny or challenges. Non-compliance might affect the validity of certain appointments or memberships, potentially requiring rectification or adjustment to meet the new statutory requirements. This could involve administrative reviews or legal proceedings to ensure conformity with the amended provisions.
The legislation does not specify explicit offences or penalties for breaches of the new membership limits. However, any non-compliance could lead to civil or administrative consequences, such as the need to remove or re-allocate members to fit within the new quotas. This might involve legal disputes or administrative actions to address any discrepancies, potentially impacting the legitimacy or recognition of certain members within the Order of Australia. The maximum penalties, if any, would be determined by the specific circumstances and any resultant legal or administrative actions.