Terminations and Cancellations Ordinance

Terminations and Cancellations Ordinance

as amended

made under section 30 of the

Constitution of the Order of Australia

This compilation was prepared on 11 March 2009
taking into account Amendments to the Terminations and Cancellations Ordinance – 2007

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Short Title

1  This Ordinance may be cited as the Terminations and Cancellations Ordinance.

Interpretation

2 (1) In this Ordinance, “Constitution” means the Constitution of the Order of Australia.

 (2) Unless the contrary intention appears, an expression used in the Constitution and in this Ordinance has the same meaning in this Ordinance as in the Constitution.

Termination and cancellation of appointments and awards

3 (1) The Governor-General may, in writing:

(a)  terminate an appointment of a person as a member of the Order of Australia for a reason mentioned in section 4; or

(b) terminate an appointment of a person as an honorary member of the Order of Australia for a reason mentioned in section 4; or

(c) cancel an award to a person of the Medal of the Order of Australia for a reason mentioned in section 4.

(2) The Governor-General may terminate an appointment, or cancel an award, with the advice of:

(a) in the case of an appointment or award in the General Division of the Order — the Council; and

(b)  in the case of an appointment or award in the Military Division of the Order — the Minister of State for Defence.

(3) The Governor-General may terminate an appointment, or cancel an award, without the advice of the Council or the Minister of State for Defence if the Governor-General considers it appropriate to do so.

Reasons for termination or cancellation

4 (1) The Governor-General may terminate an appointment, or cancel an award, if               a conviction for a crime or offence under:

(a) a law of the Commonwealth, a State or a Territory; or

(b)  a law of a foreign country;

 has been recorded in relation to the holder of the appointment or award.

(2) The Governor-General may terminate an appointment, or cancel an award, if:

(a) a civil penalty under a law of the Commonwealth, a State or a Territory; or

(b) a penalty of a similar kind under a law of a foreign country;

has been imposed on the holder of the appointment or award.

(3) The Governor-General may terminate an appointment, or cancel an award, if a court, tribunal or other body exercising judicial or administrative power under:

(a) a law of the Commonwealth, a State or a Territory; or

(b) a law of a foreign country;

has made a finding that is adverse to the holder of the appointment or award (including a circumstance in which the holder is found guilty of an offence without the recording of a conviction).

(4) The Governor-General may terminate an appointment, or cancel an award, if, in the opinion of the Governor-General, the holder of the appointment or award has behaved or acted in a manner that has brought disrepute on the Order.

(5) The Governor-General may terminate an appointment, or cancel an award, if the Governor-General is satisfied that:

(a) any information on which a recommendation to make the appointment or give the award was based was false or misleading in a material particular; or

(b) any information on which the decision to make the appointment or give the award was based was false or misleading in a material particular.

(6) The Governor-General may terminate an appointment, or cancel an award, if the Governor-General is satisfied that it would not have been desirable to make the appointment or give the award because of;

(a)  information that was not available to the Council or the Minister of State for Defence when the recommendation to make the appointment or give the award was made (whether or not the information existed when the recommendation or decision was made); or

(b)  information that was not available to the Governor-General when the decision to make the appointment or give the award was made (whether or not the information existed when the recommendation or decision was made).

Notice to person affected—recommendation under subsection 3 (2)

5 (1) The Secretary of the Order must notify, in writing, a person whose appointment or award has been recommended for termination or cancellation under sub-section 3 (2) of the proposed action and the reasons for the proposed action.

 (2) A person who receives a notice may, not more than 30 days after the date of the notice, lodge with the Secretary an objection in writing to the proposed action.

 (3) As soon as practicable after the receipt of an objection, the Secretary must provide a copy of the objection:

 (a) if the objection relates to an appointment or award in the General Division of the Order—to the Council; or

 (b) if the objection relates to an appointment or award in the Military Division of the Order—to the Minister of State for Defence.

 (4) If the Secretary of the Order has not received an objection in response to a notice after the expiry of 35 days after the notice was sent, the Secretary

 (a) write to the person informing the person that no response has been received; and

 (b) advise the Council or the Minister of State for Defence, as the case may be, that no response has been received.

 (5) The Council or the Minister of State for Defence must make a recommendation to the Governor-General not later than 30 days after receiving a copy of the objection or advice from the Secretary.

 (6) If the Secretary receives an objection after the Council or Minister of State for Defence has made a recommendation to the Governor-General, the objection must be disregarded.

Notice to person affected—consideration under subsection 3 (3)

6 (1) The Secretary of the Order must notify, in writing, a person whose appointment or award has been considered for termination or cancellation under sub-section 3 (3) of the proposed action and the reasons for the proposed action.

 (2) A person who receives a notice may, not more than 30 days after the date of the notice, lodge with the Secretary an objection in writing to the proposed action.

 (3) As soon as practicable after the receipt of an objection, the Secretary must give a copy of the objection to the Governor‑General.

(4)  If the Secretary of the Order has not received an objection in response to a notice after the expiry of 35 days after the notice was sent, the Secretary must:

 (a) write to the person informing the person that no response has been received; and

(b) notify the Governor-General that no response has been received.

 (5) If the Secretary receives an objection after the Secretary has notified the Governor‑General as required under subsection (4), the objection must be disregarded.

Gazettal

7  The Secretary of the Order must arrange for notice of the termination of an appointment, or the cancellation of an award, to be published in the Commonwealth of Australia Gazette.

Restoration

8  The Governor‑General may, in writing, restore an appointment that has been terminated, or an award that has been cancelled, under section 3.

Notes to the Terminations and Cancellations Ordinance

Note 1

The Terminations and Cancellations Ordinance (in force under section 30 of the Constitution of the Order of Australia) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Table of Amendments