COMMONWEALTH OF AUSTRALIA
Government House
Canberra ACT 2600
29 March 2019
Constitution of the Order of Australia (Number of Appointments in the General Division) Ordinance 2019
It is notified for general information that the Governor-General has approved the Constitution of the Order of Australia (Number of Appointments in the General Division) Ordinance 2019.
Constitution of the Order of Australia (Number of Appointments in the General Division) Ordinance 2019
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting under section 30A of the Constitution of the Order of Australia, revoke the Constitution of the Order of Australia (Number of Appointments in the General Division) Ordinance 2018 made on 19 April 2018, and make the following
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Number of appointments in the General Division
1 Name
This Ordinance is the Constitution of the Order of Australia (Number of Appointments in the General Division) Ordinance 2019.
2 Commencement
(1) Each provision of this Ordinance specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Ordinance | The day this Ordinance is made. | |
Note: This table relates only to the provisions of this Ordinance as originally made. It will not be amended to deal with any later amendments of this Ordinance.
(2) Any information in column 3 of the table is not part of this Ordinance. Information may be inserted in this column, or information in it may be edited, in any published version of this Ordinance.
3 Authority
This Ordinance is made under section 30A of the Constitution of the Order of Australia.
4 Definitions
In this Ordinance:
Constitution means the Constitution of the Order of Australia.
5 Number of appointments in the General Division
Companions
(1) For the purposes of section 14 of the Constitution, the number of persons is 35.
Officers
(2) For the purposes of section 16 of the Constitution, the number of persons is 140.
Members
(3) For the purposes of section 18 of the Constitution, the number of persons is 605.
Overview
The Constitution of the Order of Australia (Number of Appointments in the General Division) Ordinance 2019 was enacted to address the need for updating the number of appointments that can be made in the General Division of the Order of Australia. This ordinance was approved by the Governor-General and published in the Commonwealth of Australia Gazette on 29 March 2019. The objective of this ordinance is to revise the numbers of Companions, Officers, and Members that can be appointed in the General Division, aligning with the provisions outlined in the Constitution of the Order of Australia. This legislative action ensures that the appointments in the Order of Australia remain current and reflective of contemporary needs, as determined by the relevant federal authority.
Scope and Application
The Constitution of the Order of Australia (Number of Appointments in the General Division) Ordinance 2019 applies to the regulation of the number of appointments that can be made in the General Division of the Order of Australia, which is a prestigious national honour system recognising Australians and non-citizens for their exceptional service to Australia or humanity at large. This Ordinance specifically sets the maximum number of individuals who can be appointed as Companions, Officers, and Members within the General Division, thus impacting the eligibility and potential recipients of these honours. The Ordinance is enacted under the authority of section 30A of the Constitution of the Order of Australia, and its provisions came into effect on the day it was made, as stipulated in the commencement section. The Ordinance operates on a Commonwealth level, governing national honours within Australia, without specific exclusions or exemptions, except as defined by the numbers set out in the Ordinance itself. Any further regulations or adjustments to the application of this Ordinance may be made through subordinate instruments, although the current text does not specify such provisions.
Key Provisions
The Constitution of the Order of Australia (Number of Appointments in the General Division) Ordinance 2019 sets forth the number of appointments allowed in each category within the General Division of the Order of Australia, as specified in sections 14, 16, and 18 of the Constitution of the Order of Australia. Specifically, section 5(1) determines that there shall be 35 Companions, section 5(2) establishes that there shall be 140 Officers, and section 5(3) specifies that there shall be 605 Members. This ordinance provides clear numerical limits for each category, which are necessary for the administration and recognition of recipients within the Order of Australia.
The obligations and requirements imposed by this Act on the relevant parties include adherence to the specified numerical limits for each category of appointments within the General Division of the Order of Australia. The General Division comprises three categories: Companions, Officers, and Members, and this ordinance mandates that the total number of appointments within each of these categories does not exceed the numbers prescribed. This ensures that the Order of Australia maintains its intended structure and recognition criteria for appointments.
In terms of legal consequences for non-compliance, this ordinance does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, it is implied that exceeding the specified numbers of appointments could lead to administrative and legal challenges, potentially resulting in the invalidity of any appointments made beyond the prescribed limits. Such overstepping might also require judicial intervention to resolve any disputes or conflicts arising from the excess appointments, though specific penalties are not detailed in the text.