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 so that Knights and Dames would no longer be appointed to the Order, as detailed in the following Letters Patent and Schedule of amendments. The change will not affect existing Knights and Dames of the Order.
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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; AND WE DO further ordain that, despite the amendments set out in the Schedule, 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 29 October 2015 Original signed “Malcolm Turnbull’ By Her Majesty’s Command Prime Minister |
Schedule—Amendments
Constitution of the Order of Australia
1 Subsection 1(3)
Omit “Knight or Dame,”.
2 Subsection 2(1)
Omit “and the Principal Knight or Dame, as the case may be, in the General Division”.
3 After subsection 2(1)
Insert:
(1A) If the Governor‑General is a Knight or a Dame in the General Division, the Governor‑General shall be the Principal Knight or Dame in that Division.
(1B) If the Governor‑General is not a Knight or a Dame in the General Division, the Governor‑General shall be the Principal Companion in that Division.
4 Subsection 2A(2)
Omit “shall be a Knight in the General Division of the Order and”.
5 Heading before section 11A
Repeal the heading.
6 Sections 11A and 11B
Repeal the sections.
Overview
The Commonwealth of Australia Gazetted the Letters Patent amending the Constitution of the Order of Australia in 2015. The purpose of these amendments was to cease the appointment of Knights and Dames to the Order, a change that would not affect the status of existing members. This move was approved by Her Majesty The Queen, Elizabeth II, and was carried out by the Prime Minister, Malcolm Turnbull, on her behalf. The amendments were designed to update the Order's structure, ensuring it remains relevant and reflective of contemporary values while preserving the historical significance of existing members. This legislative action was taken by the Parliament of Australia, with the aim of maintaining the prestige and integrity of the Order of Australia in line with modern standards of honours and recognitions.
Scope and Application
The Letters Patent and accompanying Schedule detail amendments to the Constitution of the Order of Australia, established in 1975, which now include the cessation of the appointment of Knights and Dames to the Order. These amendments do not affect the status of existing Knights and Dames, who will continue to hold their membership under the existing conditions. The changes are applicable to the Order of Australia as a whole, impacting the governance and membership structure, and are made without altering the rights of current members. The amendments are to be implemented through the Letters Patent issued by Her Majesty The Queen, and these changes are effective as of the date of the Letters Patent, which is 29 October 2015. The amendments extend to the national level within the Commonwealth of Australia, impacting the Order's administration and membership appointments going forward.
Key Provisions
The Letters Patent and Schedule to the Constitution of the Order of Australia amend the membership and leadership structure of the Order, without affecting existing members (Section 1). The key changes include the removal of the titles of Knight and Dame from the Constitution, and adjustments to the roles of the Governor-General in relation to the Order. Specifically, if the Governor-General is a member of the Order, they will hold a specific rank within the Order, otherwise they will hold a different rank (Sections 1 and 2). Further, the Governor-General's role as Principal Knight or Dame is now contingent upon their membership status in the Order (Section 2(1A) and (1B)). Additionally, the Letters Patent eliminate the need for the Principal Knight or Dame to be part of the General Division of the Order, and remove the requirement for a Knight in the General Division to hold a particular office (Sections 2 and 2A(2)). Finally, certain sections of the Constitution are repealed, including sections related to the Principal Knight or Dame and the General Division of the Order (Sections 5 and 6).
The amendments impose obligations on the Governor-General, who must now determine their rank within the Order based on their membership status, and on the Order itself, which must now operate without the titles of Knight or Dame. The Governor-General must also ensure that any existing Knights or Dames retain their membership status and rank in the Order. The Order must also ensure that any appointments or promotions within the Order comply with the new structure and requirements.
Breach of the provisions in the Letters Patent and Schedule could result in legal consequences, although the specific penalties are not detailed in the text. In general, failure to comply with the provisions of the Letters Patent and Schedule could result in legal action, including potential fines or other penalties. Additionally, any actions taken in contravention of the provisions of the Letters Patent and Schedule could be subject to judicial review, and could result in the setting aside of any appointments or promotions that are found to be in breach of the provisions. It is important to note that the maximum penalties for breach are not specified in the text, and would depend on the specific nature and circumstances of the breach.