Further extension of time for the report of the commission to conduct an inquiry into the activities of the Federated Ship Painters and Dockers Union

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004Q01023 In force Prerogative Instrument

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ENTERED ON RECORD by me, in Register of Patents No. 19, page 40,

this 20th day of September 1984

 

 

Secretary to the Federal Executive Council

COMMONWEALTH OF AUSTRALIA

ELIZABETH THE SECOND, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth:

TO

FRANCIS XAVIER COSTIGAN, Q.C., LL.B

GREETING:

WHEREAS by Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on 10 September 1980 We appointed you to be a Commissioner to inquire into and report upon certain matters relating to the Federated Ship Painters and Dockers Union and the officers and members of that Union:

AND WHEREAS those Letters Patent were varied by Letters Patent issued on 25 June 1981, 1 April 1982, 25 December 1982, 2 February 1983, 15 December 1983 and 27 June 1984:

AND WHEREAS it is desirable that further time be allowed for the completion of your inquiry and the submission of your report:

NOW THEREFORE We do, by these Our Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council and in pursuance of the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902 and other enabling powers, vary the Letters Patent issued on 10 September 1980, as affected by the Letters Patent issued on 25 June 1981, 1 April 1982, 25 December 1982, 2 February 1983, 15 December 1983 and 27 June 1984 so as to require that your report of the results of your inquiry and your recommendations be furnished to Our Governor-General of the Commonwealth of Australia not later than 31 October 1984.

 

 

 

 

WITNESS His Excellency the Right Honourable Sir Ninian Martin Stephen, a member of Her Majesty’s Most Honourable Privy Council, Knight of the Order of Australia, Knight Grand Cross of The Most Distinguished Order of Saint Michael and Saint George, Knight Grand Cross of the Royal Victorian Order, Knight Commander of the Most Excellent Order of the British Empire, Governor-General of the Commonwealth of Australia.

Dated this twentieth day of September 1984.

 

Governor-General

 

By His Excellency’s Command,

 

Prime Minister

 

 

Overview

The Royal Commission into the Federated Ship Painters and Dockers Union, enacted in 1980 through Letters Patent issued under the authority of the Royal Commissions Act 1902, was established to investigate specific matters concerning the union and its officers and members. This inquiry was deemed necessary to address issues that required detailed scrutiny and public examination. The Royal Commission was tasked with producing a comprehensive report on its findings and recommendations, which would be submitted to the Governor-General. The enactment of this legislation by the Commonwealth of Australia was overseen by the Federal Executive Council, with the aim of ensuring transparency and accountability within the union. The policy objective was to facilitate an independent and thorough investigation into the union's operations and governance.

Scope and Application

The prerogative instrument C2004Q01023, dated 20 September 1984, pertains to a variation of Letters Patent issued under the Royal Commissions Act 1902. This Act applies to the Commissioner appointed to investigate matters relating to the Federated Ship Painters and Dockers Union and its officers and members. The instrument extends the time for the completion of the inquiry and the submission of the report, which was originally due by 31 October 1984. The scope of the Act applies specifically to the named Commissioner, ensuring that the inquiry can be thoroughly completed. The jurisdictional reach of this Act is national, as it involves a Royal Commission appointed by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The Act does not explicitly mention any exclusions, exemptions, or thresholds; however, its application is narrowly tailored to the specific inquiry and report outlined in the Letters Patent. Subordinate instruments or further variations may extend or restrict the application of the Act, but this particular instrument only addresses the extension of the reporting deadline.

Key Provisions

The main operative sections of this prerogative instrument (section 1) require the Commissioner, Francis Xavier Costigan, Q.C., LL.B., to submit his report on the inquiry into certain matters relating to the Federated Ship Painters and Dockers Union and its officers and members by 31 October 1984. This alteration extends the time previously set for the report's submission, which was initially specified by Letters Patent issued on 10 September 1980 and subsequently varied multiple times. The obligations imposed by this Act primarily rest on the Commissioner, Francis Xavier Costigan, who is tasked with conducting an inquiry into specific issues concerning the Federated Ship Painters and Dockers Union. His duties involve gathering and analysing relevant information, interviewing pertinent parties, and compiling a comprehensive report that includes findings and recommendations based on his investigation. He must ensure the report is submitted to the Governor-General by the specified deadline. Breaching the requirement to submit the report by the deadline of 31 October 1984 could result in consequences under the authority of the Royal Commissions Act 1902. While the specific penalties for such a breach are not explicitly detailed in this instrument, non-compliance with a Royal Commission's terms can generally lead to legal and administrative repercussions, potentially including further inquiries or actions by the government. The severity of these consequences would depend on the nature and extent of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.