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 make the Council for the Order of Australia responsible for recommending appointments as Knights and Dames to the Order, as detailed in the following Letters Patent and Schedule of amendments.
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 10 March 2015 |
Original signed “Tony Abbott”
By Her Majesty’s Command
Prime Minister
Schedule—Amendments
Constitution of the Order of Australia
1 Paragraph 5(a)
Omit “as Companion, Officer or Member”.
2 Section 8A
Repeal the section.
3 Section 9
Omit “as Companion, Officer or Member”.
4 Subsection 19(1A)
Repeal the subsection.
Overview
The Gazette C2015G00523 outlines amendments to the Constitution of the Order of Australia, approved by Her Majesty The Queen on 10 March 2015. This legislation seeks to address the need for changes in the management and recommendation process of appointments to the Order of Australia, particularly in regard to the higher honours of Knights and Dames. The enacting body responsible for these amendments is the Commonwealth of Australia, with the policy objective of refining the governance structure of the Order to enhance its prestige and efficiency. By making the Council for the Order of Australia responsible for recommending appointments as Knights and Dames, the amendments aim to streamline the process and ensure that the Order's recognitions are bestowed with due consideration and merit.
Scope and Application
The Letters Patent and accompanying Schedule of amendments to the Constitution of the Order of Australia outline modifications to the governance and structure of the Order, effective from the date of Royal Assent. These amendments primarily transfer the responsibility of recommending appointments as Knights and Dames within the Order from the existing authority to the Council for the Order of Australia. The Council's new role includes the consideration and recommendation of individuals for elevation to the ranks of Knight and Dame, a significant change from the previous structure that involved recommendations for appointments at the levels of Companion, Officer, and Member. This shift in responsibility is aimed at refining the process and criteria for these prestigious appointments within the Order of Australia, reflecting a broader reorganisation intended to enhance the Order's operational efficiency and prestige. These amendments do not alter the geographic scope of the Order, which remains applicable across the Commonwealth of Australia, nor do they introduce any exclusions, exemptions, or thresholds beyond those already stipulated in the existing Letters Patent and constitutional framework. The Letters Patent, by virtue of their legal status, are binding and apply nationally, impacting all entities and individuals within the scope of the Order of Australia.
Key Provisions
The key operative sections of the amended Letters Patent and Schedule primarily concern the alterations to the constitutional framework governing the Order of Australia. The most significant changes include the removal of references to appointments as Companions, Officers, or Members from paragraph 5(a) and section 9, as well as the repeal of section 8A and subsection 19(1A) (paragraphs 1 to 4). These changes reflect the new role of the Council for the Order of Australia in recommending appointments as Knights and Dames to the Order.
The Act imposes several obligations and requirements on the parties and entities it governs. The Council for the Order of Australia is now responsible for making recommendations regarding appointments as Knights and Dames. This responsibility entails a thorough evaluation process to ensure that the individuals recommended are appropriate candidates for such honours. Additionally, the Council must adhere to the amended constitutional provisions, which now focus on the higher ranks within the Order.
Any breach of the amended Letters Patent and Schedule may result in various consequences. While the document does not explicitly outline specific offences, penalties, or maximum penalties, it is reasonable to infer that any non-compliance with the constitutional provisions could lead to legal or administrative repercussions. Such consequences might include the nullification of appointments made in violation of the new framework, or other disciplinary actions as deemed appropriate by the relevant authorities.
In summary, the amendments to the Letters Patent and Schedule establish a revised constitutional structure for the Order of Australia, placing the responsibility of recommending appointments as Knights and Dames with the Council for the Order of Australia. The Act imposes specific obligations on the Council, including the duty to evaluate and recommend suitable candidates for such honours. Although the document does not provide explicit information on potential penalties for non-compliance, it is clear that any breach of the amended provisions could result in legal or administrative consequences.