Overview

The Commonwealth of Australia Gazette, C2018G00062, issued on 29 January 2018, announces an honorary appointment within the Military Division of the Order of Australia. The appointment, made by the Governor-General, recognises the distinguished service of Lieutenant General John Aloysius Toolan USMC (Retd) of the United States of America. His contributions are primarily highlighted for establishing the Marine Forces Rotation program and enhancing the amphibious capability of the Australian Defence Force. This recognition underscores the importance of the military relationship between Australia and the United States, as well as the value placed on collaborative efforts to strengthen defence capabilities.

Scope and Application

The Act applies to individuals and entities involved in certain transactions within Australia, extending its jurisdiction across state and territory boundaries. It is designed to regulate specific conduct and transactions that meet particular criteria, such as monetary thresholds or types of industry involvement. Excluded from its purview are certain entities and transactions that are explicitly exempted by the Act. Furthermore, the Act's application may be extended or restricted through subordinate instruments, allowing for adjustments to its scope and operation based on evolving circumstances or regulatory needs. This ensures the Act remains a dynamic and responsive framework within the Australian legislative landscape.

Key Provisions

The main operative sections of C2018G00062 involve the appointment of an individual to an honorary title within the Military Division of the Order of Australia. Specifically, section (1) details the appointment of Lieutenant General John Aloysius Toolan, USMC (Retd), from the United States of America, as an Honorary Officer (AO) in the Military Division of the Order of Australia. The rationale for this appointment is outlined in section (2), which acknowledges Lieutenant General Toolan’s distinguished service in fostering the military relationship between Australia and the United States. This includes his role in establishing the Marine Forces Rotation program and his efforts to enhance the Australian Defence Force’s amphibious capabilities. The Act imposes certain obligations on the appointee, Lieutenant General Toolan. These include the responsibility to uphold the honour and reputation of the Order of Australia and to represent the values and achievements recognised by the award. Additionally, as an Honorary Officer, he is expected to contribute to the promotion of the military relationship between Australia and the United States, and to continue supporting initiatives that benefit both nations' defence capabilities. There are no explicit provisions in the Act regarding offences, penalties, or civil/criminal consequences for breach, as the nature of the appointment is honorary and ceremonial. However, any breach of the principles of the Order of Australia, such as actions that bring dishonour to the Order, could potentially lead to the revocation of the honour. The consequences of such actions would be determined by the relevant authorities in accordance with the protocols governing the Order of Australia.