Australian Bravery Decorations Regulations
as amended
made under
Letters Patent
This compilation was prepared on 13 January 2010
taking into account Amendments of the Regulations Governing the Award of Australian Bravery Decorations – 25/08/1998
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Short Title
1 These Regulations may be cited as the Australian Bravery Decorations Regulations.
Interpretation
2 In these Regulations, “decoration” means –
(a) the Cross of Valour;
(b) the Star of Courage;
(c) the Bravery Medal;
(d) the Commendation for Brave Conduct;
(e) the Group Bravery Citation; or
(f) except in subregulation 12 (4), a bar to an award referred to in paragraph (a), (b) or (c).
Design of Decorations
3 The design of each decoration shall be as prescribed.
Conditions for Award of Decorations
4 (1) The Cross of Valour, or a bar to the Cross of Valour, shall be awarded only for acts of the most conspicuous courage in circumstances of extreme peril.
(2) The Star of Courage, or a bar to the Star of Courage, shall be awarded only for acts of conspicuous courage in circumstances of great peril.
(3) The Bravery Medal, or a bar to the Bravery Medal, shall be awarded only for acts of bravery in hazardous circumstances.
(4) The Commendation for Brave Conduct may be awarded for other acts of bravery which are considered worthy of recognition.
(5) The Group Bravery Citation shall be awarded for a collective act of bravery, by a group of persons in extraordinary circumstances, that is considered worthy of recognition.
5 All decorations may be awarded posthumously.
6 A decoration may only be awarded to a person who is not an Australian citizen –
(a) for an act done in Australia; or
(b) for an act which, though done outside Australia, merits recognition as an act in the interest of Australia.
Australian Bravery Decorations Council
7 (1) There shall be an Australian Bravery Decorations Council (‘the Council’), which shall consist of –
(a) the person for the time being occupying the office of Secretary to the Department of Defence or, if another office is prescribed for the purpose of this paragraph, the person occupying the office so prescribed;
(b) the person for the time being occupying, or performing the duties of, the office prescribed for the purposes of this paragraph by the Minister responsible for the administration of the Australian honours system or by any Minister or member of the Executive Council acting for or on behalf of that Minister; and
(c) 12 persons appointed by the Governor‑General, of whom:
(i) 4 shall be nominated by the Prime Minister; and
(ii) one each shall be nominated by each of the States, the Northern Territory of Australia and the Australian Capital Territory.
(2) A member of the Council referred to in paragraph (1) (c) shall hold office for a period of 2 years from the date of appointment and is eligible for re‑appointment.
(3) The Governor‑General shall appoint one of the members of the Council to be Chairman of the Council and another member of the Council to act as Chairman in the event of the Chairman being unavailable to act in the office.
(4) A member of the Council referred to in paragraph (1) (a) or (b) or who is one of the members nominated by the States or Territories of the Commonwealth of Australia may, in the event that the member is absent or unable to act in that capacity, be represented on the Council by a person chosen, in accordance with arrangements made by the Governor‑General, to act in the member’s place as a member of the Council.
8 The Council shall —
(a) consider, and make a recommendation to the Governor‑General on, each nomination of a person for the award of a decoration; and
(b) advise the Governor‑General on such other matters concerning the award of decorations as he may refer to the Council for consideration.
9 (1) The Secretary of the Order of Australia shall be the Secretary of the Council.
(2) The Secretary of the Council shall maintain a Register of the names of persons to whom decorations have been awarded and such other records relating to the award of decorations as the Council considers necessary and perform such other functions in respect of the award of decorations as the Governor‑General may direct.
Awards
10 (1) The award of a decoration shall be made, with the approval of The Sovereign, by Instrument signed by the Governor‑General.
(2) Nothing in these Regulations limits the right of the Governor‑General to exercise all powers and authorities of The Sovereign in respect of the award of decorations.
Nominations
11 Any person or organisation may submit to the Secretary of the Council for consideration by the Council a nomination of a person for the award of a decoration.
Designations
12 (1) A person awarded the Cross of Valour is entitled to use the post‑nominal letters “CV” on all occasions when the use of such letters is customary.
(2) A person awarded the Star of Courage is entitled to use the post‑nominal letters “SC” on all occasions when the use of such letters is customary.
(3) A person awarded the Bravery Medal is entitled to use the post‑nominal letters “BM” on all occasions when the use of such letters is customary.
(4) A person awarded a bar to a decoration is entitled to use, after the letters prescribed by this regulation, the words “and Bar” or the words “and Bars”, as the case may be.
Wearing of Decorations
13 The manner of wearing of decorations shall be as determined by the Governor‑General.
Cancellation and Reinstatement
14 (1) The Governor‑General may cancel the award of a decoration to a person and may restore a decoration the award of which was so cancelled.
(2) Where the award of a decoration is cancelled, the name of the person to whom the decoration was awarded shall be erased from the Register maintained pursuant to regulation 9, and that person shall return the decoration to the Secretary of the Council.
(3) Where an award that has been cancelled is restored, the Secretary of the Council shall restore the entry in the Register maintained pursuant to regulation 9 that had been erased.
Notes to the Australian Bravery Decorations Regulations
Note 1
The Australian Bravery Decorations Regulations (in force under Letters Patent) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
Title | Date of notification in Gazette | Date of | Application, saving or |
Letters Patent and Regulations Governing the Award of Australian Bravery Decorations ‑ 1975 | 17 Feb 1975 | 14 Feb 1975 |
|
Letters Patent and Amendment of the Regulations Governing the Award of Australian Bravery Decorations ‑ 1987 | 5 Jan 1988 | 17 Nov 1987 | — |
Letters Patent and Amendment of the Regulations Governing the Award of Australian Bravery Decorations ‑ 1990 | 7 May 1990 | 5 Mar 1990 | — |
Letters Patent and Amendments of the Regulations Governing the Award of Australian Bravery Decorations ‑ 1998 | TBA | 5 Mar 1998 | — |
Letters Patent and Amendments of the Regulations Governing the Award of Australian Bravery Decorations ‑ 1998 | 25 Sept 1998 | 25 Aug 1998 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
R. 2................. | am. 1987; 1990 |
R. 4................. | am. 1990 |
R. 6................. | rs. 1987 |
Heading to r. 7 | rs. 1998 (No. 2) |
R. 7................. | rs. 1987 |
| am. 1998 (No. 1) and 1998 (No. 2) |
R. 8................. | am. 1998 (No. 2) |
R. 9................. | am. 1998 (No. 2) |
R. 11................ | am. 1998 (No. 2) |
R. 12................ | rs. 1987 |
R. 14................ | am. 1998 (No. 2) |
|
|