Instrument of authority that the Royal Style & Titles Act 1973 looks to as a head of power
Dear Department of the Prime Minister and Cabinet,
I require a statement of information from your department that I believe is responsible for this request. This is a request arising from notices made apparent to me with regard to claimed authorities of public government. With particularity, I take notice of the currency available and the depiction of the face of the Queen on the Australian five dollar note.
Having due notice that the Queen is the authority by which commissions are issued and laws are proclaimed and assented, it is my understanding that the Australian Royal Style and Titles Act 1973 provides for this office, "Elizabeth the Second, by the Grace of God, Queen of Australia and Her other Realms and Territories, Head of the Commonwealth."
Request
I request so that it may be known, the instrument of authority that the Australian Royal Style and Titles Act 1973 looks to as a head of power to be valid law within the Commonwealth of Australia, that would normally be found in section 51 of the Australian Constitution Act. If the instrument cannot be found within section 51 of the Australian Constitution Act, please state the reason why and please provide for where else it may be found.
Yours faithfully,
Geoff: Teague
FOI/2015/166
Dear Mr Teague
Thank you for your email dated 23 August 2015, received by the Department
of the Prime Minister and Cabinet (the Department), in which you made a
request to the Department under the Freedom of Information Act 1982 (the
FOI Act) in the following terms:
I require a statement of information from your department that I believe
is responsible for this request. This is a request arising from notices
made apparent to me with regard to claimed authorities of public
government. With particularity, I take notice of the currency available
and the depiction of the face of the Queen on the Australian five dollar
note.
Having due notice that the Queen is the authority by which commissions are
issued and laws are proclaimed and assented, it is my understanding that
the Australian Royal Style and Titles Act 1973 provides for this office,
"Elizabeth the Second, by the Grace of God, Queen of Australia and Her
other Realms and Territories, Head of the Commonwealth."
Request
I request so that it may be known, the instrument of authority that the
Australian Royal Style and Titles Act 1973 looks to as a head of power to
be valid law within the Commonwealth of Australia, that would normally be
found in section 51 of the Australian Constitution Act. If the instrument
cannot be found within section 51 of the Australian Constitution Act,
please state the reason why and please provide for where else it may be
found.
Timeframe for receiving your decision
We received your request on 23 August 2015 and the 30 day statutory period
for processing your request commenced from the day after that date. You
should therefore expect a decision from us by 22 September 2015. The
period of 30 days may be extended in certain circumstances. We will advise
you if there is any extension of time.
Charges
Agencies may decide that an applicant is liable to pay a charge in respect
of a request for access to documents. If the Department decides that you
are liable to pay a charge, we will send you a preliminary assessment of
the charge as soon as possible.
Publication of documents
Please note that information released under the FOI Act may later be
published online on our disclosure log at
[1]http://www.dpmc.gov.au/pmc/accountabilit...,
subject to certain exceptions. If you think you might wish to raise any
objections to the publication of any of the information which may be
released to you please contact us by email at [2][DPMC request email]. If you
do wish to object to the publication of information, you would need to
provide supporting reasons.
Exclusion of officers’ names and contact details
For documents that fall within scope of the request, it is the
Department’s policy to withhold:
· any person’s signature;
· the names and contact details of Australian Public Service
officers not in the Senior Executive Service (SES);
· the mobile or direct numbers of SES officers;
· the names and contact details of Ministerial staff at a level
below Chief of Staff.
The names and other details of SES officers will not be withheld unless
there is some reason for that information to be exempt from release. If
you require signatures, the names and contact details of non-SES officers
or Ministerial staff below the level of Chief of Staff, or the mobile or
direct numbers of SES officers please let us know at [3][DPMC request email] so
the decision-maker may consider; otherwise we will take it that you agree
to that information being excluded from the scope of your request (that
is, the information will be treated as irrelevant and redacted from any
documents for release).
We will write again when the Department has more information. Further
information on FOI processing can be found at the website of the Office of
the Australian Information Commissioner at
[4]http://www.oaic.gov.au/foi-portal/about_....
Yours sincerely
FOI Adviser
Access and Administrative Review Section | Honours, Symbols and Legal
Policy Branch
Government Division | Department of the Prime Minister and Cabinet
p. 02 6271 5849
e. [5][DPMC request email]
[6]www.pmc.gov.au
PO Box 6500 CANBERRA ACT 2600
[7]Description: Description: Description: FOI design element
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
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______________________________________________________________________
References
Visible links
1. http://www.dpmc.gov.au/pmc/accountabilit...
2. mailto:[DPMC request email]
3. mailto:[DPMC request email]
4. http://www.oaic.gov.au/foi-portal/about_...
5. mailto:[DPMC request email]
6. http://www.pmc.gov.au/
Dear Mr Teague
Please find attached the decision on your FOI request to the Department of
the Prime Minister and Cabinet.
Yours sincerely
FOI Adviser
Access and Administrative Review Section | Honours, Symbols and Legal
Policy Branch
Government Division | Department of the Prime Minister and Cabinet
p. 02 6271 5849
e. [1][DPMC request email]
[2]www.pmc.gov.au
PO Box 6500 CANBERRA ACT 2600
[3]Description: Description: Description: FOI design element
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________
References
Visible links
1. mailto:[DPMC request email]
2. http://www.pmc.gov.au/