Council Ordinance - Order of Australia - As made

Overview

The Council Ordinance, enacted in 1983 by Sir Ninian Martin Stephen, the Governor-General of the Commonwealth of Australia, was established to address the need for defining specific offices within the governmental structure as outlined in the Constitution of the Order of Australia. This legislation was introduced by the Governor-General under the authority conferred by section 30 of the Constitution. The primary purpose of the Ordinance is to prescribe the office of the Secretary to the Department of the Special Minister of State, aligning with the requirements set out in paragraph 4(1)(c) of the Constitution. This ensures that the administrative framework of the government adheres to the constitutional provisions and maintains the necessary oversight and governance structures.

Scope and Application

The Council Ordinance, enacted by the Governor-General of the Commonwealth of Australia, applies specifically to the office of Secretary to the Department of the Special Minister of State, as prescribed by the Constitution of the Order of Australia. This ordinance thus governs the role, responsibilities, and procedures associated with this particular office, ensuring alignment with the overarching constitutional framework of the Order of Australia. Its scope is narrowly focused on this specific office, providing detailed guidelines and requirements pertinent to its operation. The ordinance is a Commonwealth instrument, reflecting the national jurisdiction and governance under the Australian constitutional system. There are no stated exclusions, exemptions, or thresholds in the ordinance itself, but the application of its provisions might be extended or clarified through subordinate instruments or regulations as necessary.

Key Provisions

The main operative sections of the Council Ordinance (C2009Q00096) provide the foundation for its implementation and application. Section 1 allows the Ordinance to be cited as the Council Ordinance, providing a clear reference point for legal professionals. Section 2 defines key terms used within the document, ensuring that there is a mutual understanding of terminology. Specifically, "Constitution" refers to the Constitution of the Order of Australia, which is crucial for interpreting and applying the Ordinance correctly. The Ordinance imposes certain obligations and requirements on the parties or entities it governs. Section 3 prescribes the office of Secretary to the Department of the Special Minister of State for the purpose of paragraph 4(1)(c) of the Constitution. This means that this specific office is designated for a particular function or duty outlined in the Constitution of the Order of Australia, ensuring that the roles and responsibilities within the government structure are clearly defined and adhered to. In terms of potential breaches of the Council Ordinance, the document does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, given the nature of the Ordinance and its purpose to provide structure and governance within the Order of Australia, failure to adhere to its provisions could potentially lead to legal challenges, administrative consequences, or other repercussions as determined by relevant authorities or courts. The absence of explicit penalties in the Ordinance itself suggests that the consequences of non-compliance would be addressed under broader legal frameworks or specific provisions of the Constitution of the Order of Australia.