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 above‑mentioned Letters Patent dated 14 February 1975, as amended by Letters Patent dated 24 May 1976, by Letters Patent dated 14 March 1981, and by Letters Patent dated 3 March 1986, 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 St. James’s on 12 April 1988
By Her Majesty’s Command,
BOB HAWKE
Prime Minister
Schedule
Amendment of the Constitution of the Order of Australia
1. Section 4 is amended:
(a) by omitting from paragraph (1) (c) “the Special Minister of State” and substituting “Administrative Services”;
(b) by omitting paragraph 1 (e) and substituting the following paragraph:
“(e) not more than 15 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;
(ii) one may be a person nominated by the Northern Territory of Australia; and
(iii) one may be a person nominated by the Minister of State responsible for the administration of the Australian Capital Territory.”.
2. Section 4 is further amended by adding at the end the following sub-section:
“(4) A member of the Council who is referred to in paragraph (1) (a), (b), (c) or (d) or sub-paragraph (1) (e) (i), (ii) or (iii) may, in the event that the member is absent or unable to act in that capacity, be represented on the Council by a person chosen, in accordance with arrangements made by the Governor- General, to act in the member’s place as a member of the Council.”.
3. Section 30 is amended by omitting paragraph (c) and substituting the following paragraph:
“(c) the designations of members of the Order and persons who have been awarded the Medal of the Order; and”.
Overview
The Letters Patent 1988, signed by Queen Elizabeth II and Prime Minister Bob Hawke, amended the Constitution of the Order of Australia to update the framework for membership and representation. This change was introduced to address the need for modernising the composition of the Order's Council and the appointment process of its members, ensuring it aligns with the evolving political landscape of Australia. The policy objective was to maintain the prestige and relevance of the Order by allowing for more flexible and representative appointments, while still upholding the Order's esteemed status within the nation.
Scope and Application
The Letters Patent dated 12 April 1988 amends the Constitution of the Order of Australia, which was originally established by Letters Patent dated 14 February 1975. This legislation applies to the Order of Australia, a society of honour established by the Australian sovereign to recognise Australian citizens and other persons for their meritorious service and achievement. The amendments include changes to the membership structure of the Order, specifically modifying the appointment of members to the Council and the number of persons appointed by the Governor-General. The Order of Australia applies to individuals who have been appointed or nominated to the Order, and the amendments to its Constitution affect the eligibility and appointment process of its members. The Letters Patent do not explicitly state geographic or jurisdictional reach but imply a national application, as it concerns the Australian society of honour. The Letters Patent also do not mention any exclusions, exemptions, or thresholds.
Key Provisions
The primary operative sections of this legislation, as referenced in the Schedule, focus on amending the Constitution of the Order of Australia. The key changes include the substitution of Administrative Services in place of the Special Minister of State in section 4(1)(c), and the restructuring of the appointment process for members of the Order as described in section 4(1)(e). Additionally, section 4 is amended to include a provision allowing for representation of members of the Council in the event of their absence or inability to act, as outlined in section 4(4). Section 30 is also amended to alter the designations of members of the Order and recipients of the Medal of the Order.
This Act imposes specific obligations on the parties involved in the administration and governance of the Order of Australia. It mandates that the Governor-General, in consultation with the appropriate authorities, nominates and appoints members to the Order, ensuring compliance with the new criteria set out in the amended section 4. Furthermore, the Act requires the Governor-General to establish arrangements for the representation of Council members who are unable to act in their capacity, as detailed in section 4(4). The Act also requires the updating of designations for members of the Order and recipients of the Medal of the Order, as per the changes made to section 30.
In terms of penalties and consequences, the Act does not explicitly state any criminal or civil penalties for non-compliance with its provisions. However, it is reasonable to infer that any failure to adhere to the amended provisions for the appointment and representation of members, or the designation of recipients, could lead to administrative or procedural consequences. These might include challenges to the validity of appointments or designations made in breach of the Act, potentially affecting the status and recognition of those involved. The precise nature and extent of such consequences would depend on the specific circumstances and any applicable administrative or judicial processes.