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 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 and by Letters Patent dated 24 February 1993, 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 1 August 1996
By Her Majesty’s Command,
JOHN HOWARD
Prime Minister
Schedule
Amendments of the Constitution of the Order of Australia
1. Section 4 is amended by omitting paragraph (1) (a).
2. Section 4 is amended by omitting paragraph (1) (e) and substituting:
“(e) not more than 16 persons appointed by the Governor-General, of whom‑
(i) not more than 6 shall be persons nominated by the States of the Commonwealth of Australia; and
(ii) one may be a person nominated by the Australian Capital Territory; and
(iii) one may be a person nominated by the Northern Territory of Australia.” .
3. Section 4 is amended by omitting from subsection (4) “(1) (a), (b),”, and substituting “(1) (b),”.
Overview
The Letters Patent, dated 1 August 1996, amend the Constitution of the Order of Australia, established by Letters Patent on 14 February 1975, and subsequently modified several times. The Order of Australia, established as a society of honour, was created to recognise Australian citizens and other persons who have rendered exceptional service to Australia or humanity at large. The 1996 Letters Patent were enacted by the Commonwealth of Australia to further refine the structure and membership criteria of the Order, ensuring it could adapt to the evolving needs of the nation while maintaining its esteemed purpose. The changes aimed to provide a more balanced representation within the Order by adjusting the appointment process and the number of members nominated by various Australian territories. This legislative instrument was issued by Queen Elizabeth II, acting on the advice of the Prime Minister, John Howard, and is a prerogative instrument of the Crown in right of the Commonwealth of Australia.
Scope and Application
The Letters Patent dated 1 August 1996 amend the Constitution of the Order of Australia, which is a society of honour established by the Queen in right of Australia. The Order's membership is adjusted by these amendments, limiting the number of members appointed by the Governor-General to not more than 16, with specific nominations from the states and territories. This Act applies to the members of the Order of Australia and those appointed to the Order by the Governor-General, reflecting a Commonwealth-wide scope. There are no specific exclusions or thresholds mentioned within the Letters Patent; however, the application of the Order's constitution can be further refined through subordinate instruments, which may provide additional rules and guidelines for membership and conduct. The amendments do not alter the overarching authority of the Queen in relation to the Order but refine the administrative structure within the Commonwealth of Australia.
Key Provisions
The C2010Q00044 Prerogative Instrument amends the Constitution of the Order of Australia, which was established by Letters Patent dated 14 February 1975. The primary amendments (Schedule) involve changes to Section 4, which pertains to the appointment of members to the Order of Australia. Firstly, paragraph (1) (a) is omitted, which may relate to the number or category of members appointed by the Governor-General. Secondly, paragraph (1) (e) is omitted and substituted with new provisions that limit the number of persons appointed by the Governor-General to not more than 16. Of these, not more than six can be nominated by the states, one by the Australian Capital Territory, and one by the Northern Territory. These changes aim to redefine the composition of the Order of Australia by setting stricter limits on appointments and specifying the nomination process for certain territories.
Under the amended Constitution, the Governor-General must adhere to the new criteria when appointing members to the Order of Australia. The Governor-General is now restricted to appointing a maximum of 16 individuals, with specific allocations for nominations from the states and territories. This requirement necessitates a careful selection process to ensure compliance with the new limits and nomination rules. Additionally, the states, Australian Capital Territory, and Northern Territory are mandated to nominate individuals for appointment by the Governor-General, highlighting the collaborative nature of this process. These obligations ensure a balanced and representative composition of the Order of Australia.
The Act does not explicitly outline specific offences or penalties for breaches of its provisions. However, non-compliance with the amended Constitution could potentially lead to legal challenges or disputes regarding the validity of appointments to the Order of Australia. Such challenges could be pursued in the courts, where the legality and adherence to the Constitution would be scrutinised. While the Act itself does not provide for specific penalties, the consequences of non-compliance could include the nullification of appointments or legal action against those responsible for the breach. The emphasis remains on ensuring that the appointments to the Order of Australia are made in accordance with the prescribed limits and nomination processes.