Proclamation - Continued Use of the Great Seal of Australia 2022

Overview

The Commonwealth of Australia, through the Governor-General, has authorised the continued use of The Great Seal of Australia under the authority of the Constitution of the Commonwealth of Australia. This authorisation, dated 11 September 2022, follows a Royal Warrant issued on 19 October 1973, and it comes into effect pending the granting of a new Seal by King Charles The Third. The decision was made with the advice of the Federal Executive Council and in accordance with section 61 of the Constitution, ensuring that the legal instruments and documents of the Commonwealth remain valid and recognised during the transition period. This interim measure addresses the immediate need for a functioning Great Seal while awaiting the formal appointment of a new one by the sovereign, maintaining continuity and legitimacy in the governance and legal framework of the country.

Scope and Application

The Constitution of the Commonwealth of Australia provides the legal framework for the continued use of The Great Seal of Australia, which was initially authorised by Royal Warrant on 19 October 1973. Under the authority of the Governor-General, in accordance with section 61 of the Constitution, the continued use of The Great Seal of Australia is authorised pending the granting of a new Seal by King Charles The Third. This authorisation ensures that all legal instruments, official documents, and other instruments requiring authentication by the Commonwealth of Australia are validly executed during this interim period. The geographic reach of this legislation is national, applying across all federal jurisdictions within Australia, as it pertains to the constitutional authority and governance of the Commonwealth. The authorisation pertains to the Commonwealth of Australia and its official documentation practices, including but not limited to the issuance of legislation, executive orders, and other governmental instruments. It applies to all entities and persons involved in the formal authentication and execution of Commonwealth documents. The Act does not explicitly state exclusions or exemptions, but its application is limited to the transitional period until a new Great Seal is formally granted by the King. The authority to continue using the existing seal extends through subordinate instruments as necessary, ensuring the uninterrupted operation of governmental functions.

Key Provisions

The main operative section of this legislation, section 1, provides for the continued use of The Great Seal of Australia, which was initially authorised by Royal Warrant on 19 October 1973. This authorisation is set out in the context of the Governor-General acting with the advice of the Federal Executive Council and under the authority of section 61 of the Constitution of the Commonwealth of Australia. The continued use of the Great Seal is mandated until a new one is granted by King Charles III. In terms of obligations and requirements, the Act stipulates that the Great Seal of Australia, as authorised, is to be used for official Commonwealth purposes, including the authentication of documents and the formalisation of significant legal instruments. The use of the Seal is to be in accordance with established protocols and the guidance provided by the Federal Executive Council. This ensures that the Seal's use remains consistent with the constitutional and legal framework governing the Commonwealth of Australia. Breaching the provisions of this Act, particularly in terms of improper or unauthorised use of the Great Seal, could result in serious consequences. While the specific offences, penalties, or consequences are not detailed in this Act, any misuse of the Great Seal could potentially lead to legal action under relevant Commonwealth legislation. This might include charges related to fraud or forgery, which carry significant penalties, including fines and imprisonment. The exact penalties would depend on the nature and severity of the offence, as well as the applicable laws governing such actions.