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, 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 September 2016
Original signed “James McGrath”
By Her Majesty's Command
Assistant Minister to the Prime Minister
Parliamentary Secretary to the Prime Minister
Amendments Schedule
Schedule—Amendments
Constitution of the Order of Australia
1 Paragraph 5(a)
Repeal the paragraph, substitute:
(a) consider the following nominations:
(i) nominations of Australian citizens for membership of the Order
through appointment to the Order in the General Division or award of
the Medal of the Order in the General Division;
(ii) nominations of permanent residents for honorary membership of the
Order through appointment to the Order in the General Division or
award of the Medal of the Order in the General Division; and
2 Section 14
Omit “30”, substitute “35”.
3 Section 16
Omit “125”, substitute “140”.
4 Section 18
Omit “300”, substitute “340”.
5 Section 19
Repeal the section, substitute:
Nominations
19 (1) Any person or organisation may submit a nomination mentioned in
paragraph 5(a) to the Secretary of the Order for consideration by the Council.
(2) Upon the recommendation of the Prime Minister, the Governor-General may
make persons (other than Australian citizens or permanent residents) honorary
members of the Order through appointment to the Order in the General Division
or award of the Medal of the Order in the General Division.
6 At the end of the Constitution
Add:
Definitions
31 In this Constitution:
Australian citizen has the meaning given by the Australian Citizenship Act 2007.
permanent resident has the meaning given by the Australian Citizenship Act
2007.
1
Overview
The Constitution of the Order of Australia was amended by Letters Patent issued on 10 September 2016, signed by Assistant Minister to the Prime Minister and Parliamentary Secretary to the Prime Minister, James McGrath, on behalf of Her Majesty Queen Elizabeth II. The amendments, which came into effect upon gazette on 13 February 2016, sought to update the criteria for membership of the Order of Australia. The changes were made to include permanent residents of Australia as eligible for honorary membership, in addition to Australian citizens, and to update certain numerical limits within the Order's structure. The policy objective of these amendments was to broaden the inclusivity of the Order, recognising the contributions of all who live and work in Australia.
The enacting body was the Queen of Australia, acting on the advice of the Australian Government. The amendments reflect a broader policy objective to ensure the Order of Australia remains a contemporary institution that recognises the diverse contributions of individuals to the nation, irrespective of their citizenship status.
Scope and Application
This legislation amends the Letters Patent and Constitution of the Order of Australia, a society of honour established by the Commonwealth of Australia. It alters the criteria for membership, allowing for the nomination of both Australian citizens and permanent residents for membership or honorary membership through appointment or the award of the Medal of the Order in the General Division. The changes are applicable to all individuals and entities that submit nominations to the Secretary of the Order for consideration by the Council. The geographic reach of this legislation is national, as it pertains to the Order of Australia, which is a Commonwealth institution. There are no exclusions or exemptions specified within the text of the Letters Patent and Schedule of amendments; however, the Governor-General retains the authority to make honorary members from persons who are neither Australian citizens nor permanent residents, upon the recommendation of the Prime Minister. The application of the Act may be further extended or restricted through subordinate instruments as deemed necessary by the Commonwealth.
Key Provisions
The main operative sections of the amended Letters Patent and Schedule introduce several significant changes to the Constitution of the Order of Australia. Section 5(a) now includes the consideration of nominations for Australian citizens and permanent residents for membership of the Order, either through appointment to the Order in the General Division or award of the Medal of the Order in the General Division. Section 14, 16, and 18 adjust the maximum numbers of living members permitted in each category of the Order, increasing them to 35, 140, and 340 respectively. Section 19 replaces the previous provision for nominations with a new clause that allows any person or organisation to submit a nomination to the Secretary of the Order for consideration by the Council. Additionally, it empowers the Governor-General, upon recommendation by the Prime Minister, to make honorary members of the Order for persons who are neither Australian citizens nor permanent residents.
The amended Constitution imposes obligations on several parties involved in the Order of Australia. The Secretary of the Order is tasked with the responsibility of considering nominations submitted by any person or organisation. The Council of the Order must review these nominations and make recommendations based on their merits. The Prime Minister must recommend individuals for honorary membership, and the Governor-General has the authority to appoint such individuals based on these recommendations. The definitions section clarifies the terms "Australian citizen" and "permanent resident" by referencing the Australian Citizenship Act 2007, ensuring there is no ambiguity regarding who is eligible for nomination and membership.
Failure to comply with the provisions of the amended Letters Patent and Schedule could result in legal consequences. Although specific offences and penalties are not detailed within the text, breaches of constitutional rules or guidelines governing the Order of Australia could potentially lead to civil or criminal actions. These might include judicial review or other legal remedies for improper appointments or nominations. The exact nature and severity of penalties would depend on the specific breach and would be determined in the context of applicable laws and legal proceedings.