High Commissioner (United Kingdom) Act 1966

Legislation au C1966A00056 Not in force Act

Legislation content

High Commissioner (United Kingdom)

No. 56 of 1966

An Act to amend the High Commissioner (United Kingdom) Act 1909–1957, and for other purposes.

[Assented to 28 October 1966]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the High Commissioner (United Kingdom) Act 1966.

(2.) The High Commissioner (United Kingdom) Act 1909–1957 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the High Commissioner (United Kingdom) Act 1909–1966.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.


Title.

3. The title of the Principal Act is amended by omitting the words “of the Commonwealth” and inserting in their stead the words “for Australia”.

High Commissioner.

4. Section 2 of the Principal Act is amended by omitting the words “of the Commonwealth” and inserting in their stead the words “for Australia”.

5. After section 9 of the Principal Act the following section is inserted:—

Delegation of power to appoint officers, &c.

“9aa.—(1.) The High Commissioner may, by instrument in writing, delegate to a person, either generally or otherwise as provided in the instrument of delegation, all or any of his powers and functions under the last preceding section or under regulations made for the purposes of that section.

“(2.) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.

“(3.) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the High Commissioner.”.

High Commissioner to continue to hold office with new title.

6.—(1.) The person holding office under the Principal Act, immediately before the commencement of this Act, as High Commissioner of the Commonwealth in the United Kingdom shall, after the commencement of this Act, continue to hold office under the Principal Act as amended by this Act as High Commissioner for Australia in the United Kingdom as if he had been appointed under section 2 of the Principal Act as so amended.

(2.) A reference in a law of the Commonwealth in force immediately before the commencement of this Act, or in any other instrument executed or made before the commencement of this Act, to the High Commissioner of the Commonwealth in the United Kingdom shall, after the commencement of this Act, unless the context is such that it would be inappropriate or the contrary intention appears, be read as a reference to the High Commissioner for Australia in the United Kingdom holding office under the Principal Act as amended by this Act.

Validation of appointments &c.

7. Where, before the commencement of this Act, a person acting with the authority or approval (whether express or implied) of—

(a) a person holding the office of High Commissioner of the Commonwealth in the United Kingdom;

(b) a person appointed to act in that office; or

(c) a Minister holding a commission under section 9a of the High Commissioner Act 1909–1945, or that Act as amended and in force at any time,


purported to appoint a person as an officer, or to engage a person as a temporary employee, for the purposes of the High Commissioner Act 1909, or that Act as amended and in force at any time, that appointment or engagement shall be deemed to have been as validly made or effected as if it had been made or effected by the High Commissioner of the Commonwealth in the United Kingdom in accordance with section 9 of that Act, or that Act as amended and in force at the time of the purported appointment or engagement.

Validation of payments of salary, &c.

8. Where, in pursuance of the High Commissioner (Staff) Regulations notified in the Gazette on the twenty-seventh day of October, One thousand nine hundred and sixty, a new office was created with a particular classification, or the classification of an office was altered, any payment of salary or allowance made, in respect of any period before the first day of January, One thousand nine hundred and sixty-six, in accordance with or by reference to the classification or the classification as altered, as the case may be, shall not be deemed to have been invalidly made by reason only that the office was not specified in the Fourth Schedule to those Regulations, or, if the office was so specified, by reason only that the rate or the scale of rates of the salary allotted to the office by virtue of the classification as varied was not a rate, or was not within the scale of rates, specified in that Schedule in relation to that office.

 

Overview

The High Commissioner (United Kingdom) Act 1966 was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia to amend the High Commissioner (United Kingdom) Act 1909–1957. The 1966 Act was introduced to address the need for updating the title and role of the High Commissioner for the United Kingdom, reflecting the evolving relationship between Australia and the United Kingdom. It sought to modernise the framework governing the office by altering the title of the High Commissioner from "High Commissioner of the Commonwealth in the United Kingdom" to "High Commissioner for Australia in the United Kingdom" and to clarify and extend the powers and delegation capabilities of the High Commissioner. The policy objective was to ensure that the office of the High Commissioner remains relevant and effective in representing Australia's interests in the United Kingdom.

Scope and Application

The High Commissioner (United Kingdom) Act 1966 serves to amend the existing High Commissioner (United Kingdom) Act 1909–1957, effectively updating the title and functions of the High Commissioner for Australia in the United Kingdom. This Act applies to the High Commissioner for Australia in the United Kingdom, altering the title from High Commissioner of the Commonwealth to High Commissioner for Australia, and consequently updating references in other Commonwealth laws and instruments. The Act also allows for the delegation of the High Commissioner’s powers and functions, ensuring flexibility in the administration of the office. The geographic reach of this legislation is limited to the Commonwealth of Australia and the United Kingdom, as it pertains to the office of the High Commissioner for Australia in the United Kingdom. There are no stated exclusions or exemptions within the Act, but the delegation of powers is revocable at will. The Act comes into operation on the day of Royal Assent, with subsequent validation of prior appointments and engagements under the old Act to ensure continuity of service.

Key Provisions

The High Commissioner (United Kingdom) Act 1966 (referred to as the Act) amends the High Commissioner (United Kingdom) Act 1909–1957 (referred to as the Principal Act) and introduces several key provisions. The Act modifies the title of the Principal Act by removing the words "of the Commonwealth" and replacing them with "for Australia" (Section 3). Additionally, it amends the title of the High Commissioner's office by removing the words "of the Commonwealth" and inserting "for Australia" in their place (Section 4). A new section, 9aa, is introduced to allow the High Commissioner to delegate some of his powers and functions to another person, either generally or as specified in the delegation instrument (Section 5). The Act also ensures that the person holding the office of High Commissioner of the Commonwealth in the United Kingdom immediately before the Act's commencement will continue to hold the office as High Commissioner for Australia in the United Kingdom (Section 6). Furthermore, it validates appointments and engagements made before the Act's commencement as if they had been made by the High Commissioner of the Commonwealth in the United Kingdom in accordance with the Principal Act (Section 7). The Act imposes several obligations and requirements on the High Commissioner and related personnel. It mandates that any delegation of powers or functions by the High Commissioner must be in writing and can be exercised by the delegate according to the terms of the delegation instrument (Section 9aa). The Act also ensures that any appointments and engagements made before its commencement are considered valid, thereby providing legal continuity (Section 7). Moreover, it validates payments of salary or allowances made before 1 January 1966, in accordance with the classification of the office, even if the office was not specified in the Fourth Schedule to the High Commissioner (Staff) Regulations (Section 8). The Act does not explicitly outline specific offences, penalties, or consequences for breaches within its text. However, the validation provisions (Sections 7 and 8) suggest that any actions taken before the Act's commencement are considered legitimate, thereby preventing potential legal challenges related to those actions. The absence of explicit penalties implies that the primary purpose of the Act is to provide legal certainty and continuity rather than to impose punitive measures for non-compliance.

Legal classification tags

Instrument
Act
Concepts
Commencement Provisions
Delegation of power to appoint officers, &c.
Validation of appointments &c.
Validation of payments of salary, &c.

Interactions

Authorises

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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.