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,
GREETINGS:
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 above‑mentioned Letters Patent dated 14 February 1975, as amended by Letters Patent dated 24 May 1976 and by Letters Patent dated 14 March 1981, be further amended, but without prejudice to anything lawfully done thereunder, as set out in the Schedule:
AND WE DO ordain that the Order shall henceforth consist of the Sovereign, our Governor‑General of the Commonwealth of Australia, His Royal Highness Charles, Prince of Wales, and such persons as have been appointed, or shall hereafter be appointed, to the Order:
AND WE DO further ordain that, notwithstanding the amendments to be made to the Constitution of the Order, a person who was a member of the Order immediately before the issue of these Our Letters Patent shall, subject to the Constitution of the Order, remain a member of the Order in the class of membership that the person held at that time:
IN WITNESS whereof We have caused these Our Letters to be made Patent.
GIVEN under the Great Seal of Australia at our Court at Government House, Canberra on 3 March 1986
By Her Majesty’s Command,
BOB HAWKE
Prime Minister
Schedule
Amendments of the Constitution of the Order of Australia
1. Section 1 is amended by omitting “Knight or Dame”, from sub‑section (3).
2. Section 2 is revoked and the following section substituted:
“2. (1) The Governor‑General of the Commonwealth of Australia shall be the Chancellor of the Order.
“(2) Where a person ceases to hold office as Governor‑General, he or she shall continue to be a member of the Order in the General Division in the class of membership that he or she held immediately before ceasing to hold that office.”.
3. After section 2 the following section is inserted:
“2A. (1) The Governor‑General shall have precedence, after the Sovereign, of all other members of the Order.
“(2) His Royal Highness Charles, Prince of Wales, shall have precedence in the Order immediately after the Governor‑General.”.
4. Section 3A is revoked.
5. Section 4 is amended by omitting paragraphs 1 (c), (d) and (e) and substituting the following paragraphs:
“(c) the person for the time being occupying the office of Secretary to the Department of the Special Minister of State or, if another office is prescribed for the purposes of this paragraph, the person occupying the office so prescribed;
(d) the person for the time being occupying the office of Chief of the Defence Force or, if another office is prescribed for the purpose of this paragraph, the person occupying the office so prescribed; and
(e) not more than 14 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 Northern Territory of Australia.”
6. Section 9 is amended by omitting all words after “Order” (third occurring).
7. Sections 11A, 11B and 11C, together with the heading immediately before section 11A, are revoked.
8. Section 14 is amended by omitting “twenty” and substituting “25”.
9. Section 16 is amended by omitting “fifty” and substituting “100”.
10. Section 18 is amended by omitting “one hundred and twenty‑five” and substituting “225”.
11. Section 18A is amended by adding at the end thereof the following sub‑section:
“(2) Awards of the Medal of the Order in the General Division shall not exceed 350 in any calendar year.”.
12. The heading immediately before section 26 is amended by omitting “DESIGNATIONS AND”.
13. Section 26 is revoked.
14. Section 30 is amended by omitting “and (c) investitures.” and substituting the following paragraphs—
“(c) the designations of members of the Order; and
(d) investitures.”.
Overview
The Letters Patent of 1986, issued under the authority of Queen Elizabeth II, made significant amendments to the Constitution of the Order of Australia. This legislation addressed the need to update and refine the structure and membership criteria of the Order, which was originally established by Letters Patent in 1975. The amendments aimed to streamline the governance and membership of the Order, including changes to the roles of the Chancellor and precedence within the Order, as well as the expansion of membership categories and limitations on the number of awards given each year. The enacting body was the Queen, acting on the advice of the Australian Government, with the policy objective being to ensure the Order of Australia remains a prestigious and appropriately managed institution reflective of contemporary Australian values and governance.
Scope and Application
The Order of Australia is a society of honour established by Letters Patent dated 14 February 1975, and subsequently amended, to recognise Australians and others who have made meritorious and distinguished contributions to Australia or humanity at large. The membership of the Order consists of the Sovereign, the Governor-General, and appointed members. The Act applies to the membership and the Constitution of the Order, which includes the appointment and classification of members, as well as the removal of certain titles. The Act applies to all persons who have been appointed or will be appointed to the Order, including the Governor-General, who serves as the Chancellor of the Order. The Act does not specify any exclusions, exemptions, or thresholds for membership in the Order. The application of the Act is national, as it applies to the Commonwealth of Australia and its territories. The Act may be extended or restricted through subordinate instruments, which may provide further details on the appointment and classification of members, as well as the removal of members from the Order.
Key Provisions
The key provisions of this legislation, as outlined in the Schedule, amend the Letters Patent establishing the Order of Australia. Section 1 of the Order of Australia’s Constitution is amended to remove the titles “Knight” or “Dame” from subsection (3). Section 2 is revised to designate the Governor-General as the Chancellor of the Order, with former Governors-General retaining their membership in the General Division upon ceasing their tenure. Section 2A introduces precedence rules, placing the Governor-General second after the Sovereign, followed by His Royal Highness Charles, Prince of Wales. Other amendments include adjustments to the eligibility criteria for membership, the removal of certain offices from the list of eligible nominees, and changes to the maximum number of appointments and awards allowed each year.
The Act imposes several obligations and requirements on parties involved with the Order of Australia. The Governor-General is designated as the Chancellor, responsible for overseeing the Order’s activities and ensuring its administration aligns with the established Constitution. Former Governors-General who were members of the Order are to retain their membership status in the General Division. The amended provisions also set forth specific criteria for the appointment of new members, including the number of nominations allowable from each state and territory, and caps on the total number of appointments and awards given annually. These amendments necessitate that the Governor-General and relevant departments adhere to the new structural and numerical guidelines when considering appointments and awards.
The legislation outlines potential consequences for breaches of the amended Order of Australia Constitution. While specific offences, penalties, or consequences are not explicitly stated in the text, deviations from the prescribed guidelines and limits on appointments and awards could potentially lead to administrative or legal repercussions. The amendments suggest a structured approach to maintaining the integrity and purpose of the Order, and non-compliance could result in challenges to the validity of appointments or awards made outside the stipulated parameters. The precise legal ramifications would depend on the context and nature of any breach, but the intent appears to be to preserve the prestige and orderly administration of the Order.
In summary, the amendments to the Order of Australia’s Constitution introduce significant changes to its structure, membership criteria, and operational limits. The Governor-General’s role as Chancellor is solidified, and former Governors-General’s membership status is preserved. The new provisions establish clear guidelines for the appointment process and set annual caps on the number of awards and appointments, reflecting a commitment to maintaining the Order’s standards and integrity. While the text does not detail specific penalties for non-compliance, adherence to the new rules is crucial to upholding the Order’s established practices and honour.