Commonwealth of Australia
It is notified for general information that Her Majesty The Queen has approved amendments to
the Constitution of the Order of Australia to reinstate appointments of Knights and Dames of
the Order of Australia, as detailed in the following Letters Patent and Schedule of amendments.
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| Original signed “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 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 Letters Patent dated 14 February 1975, as subsequently amended by Our Letters Patent, be further amended, but without prejudice to anything lawfully done under them, 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 19 March 2014 Original signed “Tony Abbott” By Her Majesty’s Command Prime Minister |
Schedule—Amendment of the Constitution of the Order of Australia
1 Subsection1(3)
After ”as”, insert “Knight or Dame,”.
2 Subsection 2(1)
Omit “Companion”, substitute “Knight or Dame, as the case may be,”.
3 Paragraph 5(a)
After “to the Order”, insert “as Companion, Officer or Member”.
4 After heading before section 9
Insert
8A Appointments (including honorary appointments) to the Order as Knight or Dame shall be made, with the approval of the Sovereign on the recommendation of the Prime Minister, by Instrument signed by the Governor-General and sealed with the seal of the Order.
5 Section 9
After “to the Order”, insert “as Companion, Officer or Member”.
6 After section 11
Insert:
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 subsection (1), a distinguished person who is not an Australian citizen may be appointed as an honorary Knight or Dame in the General Division where it is desirable that the person be honoured by Australia.
11B The Governor-General may appoint to be Knights and Dames in the General Division, other than honorary Knights and Dames, not more than four persons in any calendar year.
7 After subsection 19(1)
Insert:
(1A) Subsection (1) does not apply to appointments to the Order as Knight or Dame.
Overview
The Order of Australia Amendment Act 2014, enacted by Letters Patent dated 19 March 2014, was introduced to address the need to reinstate appointments of Knights and Dames within the Order of Australia. This legislative action was taken to amend the Constitution of the Order of Australia, originally established by Letters Patent on 14 February 1975. The amendments were approved by Her Majesty Queen Elizabeth II and signed by the Prime Minister, Tony Abbott, at St James's. The policy objective of these amendments was to restore the recognition of extraordinary and pre-eminent achievements by reinstating the categories of Knight and Dame within the Order of Australia, thereby allowing for the honouring of distinguished individuals, including non-citizens, for their significant service to Australia or humanity at large. The amendments provide for appointments to be made with the approval of the Sovereign on the recommendation of the Prime Minister, by an Instrument signed by the Governor-General and sealed with the seal of the Order.
Scope and Application
This piece of legislation amends the Constitution of the Order of Australia to reinstate the appointments of Knights and Dames within the Order. The amendments are made via Letters Patent and a Schedule, approved by Her Majesty The Queen and signed by the Prime Minister. The Order of Australia, established in 1975, is a society of honour that recognises outstanding service to Australia or to humanity at large. The amendments allow for the appointment of Knights and Dames, in addition to Companions, Officers, and Members, with the appointments made by the Governor-General on the recommendation of the Prime Minister and the approval of the Sovereign. Appointments as Knights or Dames are made for extraordinary and pre-eminent achievement and merit, with a limit of four non-honorary appointments per year. Honorary appointments can be made to distinguished non-citizens when it is desirable for them to be honoured by Australia. The scope of the Act applies to the Order of Australia and its members, with the jurisdictional reach being national, as it pertains to the Commonwealth of Australia. There are no stated exclusions, exemptions, or thresholds in the text, and the application of the Act is not extended or restricted through subordinate instruments.
Key Provisions
The key operative sections of the legislation (C2014G00635) amend the Constitution of the Order of Australia to reinstate appointments of Knights and Dames. Section 1 amends subsection 1(3) to include "Knight or Dame" after "as", and section 2 substitutes "Knight or Dame, as the case may be," in subsection 2(1). Section 3 updates paragraph 5(a) to include "as Companion, Officer or Member" to the Order. Additionally, section 4 introduces a new section 8A, which outlines that appointments to the Order as Knight or Dame must be made with the approval of the Sovereign, on the recommendation of the Prime Minister, by Instrument signed by the Governor-General and sealed with the seal of the Order. Section 6 introduces new sections 11A and 11B, which provide for appointments as Knights or Dames, or honorary Knights or Dames, in the General Division for extraordinary and pre-eminent achievement and merit in service to Australia or to humanity at large. Section 7 further amends subsection 19(1) to exclude appointments to the Order as Knight or Dame from its scope.
The obligations and requirements imposed by the Act include the need for appointments to the Order as Knight or Dame to be made with the approval of the Sovereign, on the recommendation of the Prime Minister, and by Instrument signed by the Governor-General and sealed with the seal of the Order. These appointments are to be made for extraordinary and pre-eminent achievement and merit in service to Australia or to humanity at large. The Governor-General is permitted to appoint up to four persons in any calendar year to the Order as Knight or Dame, excluding honorary Knights and Dames.
The legislation does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, it is implied that failure to follow the prescribed process for making appointments to the Order as Knight or Dame, including obtaining the necessary approvals and following the proper procedures, could result in the appointments being considered invalid or unlawful. The specific consequences of such breaches would likely be determined by the relevant courts or authorities in Australia, and could include the nullification of the appointments or other appropriate remedies.