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,
AttorneyGeneral’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 GovernorGeneral, 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 reappointment.

 (3) The GovernorGeneral 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 GovernorGeneral, to act in the members place as a member of the Council.

8  The Council shall

 (a) consider, and make a recommendation to the GovernorGeneral on, each nomination of a person for the award of a decoration; and

 (b) advise the GovernorGeneral 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 GovernorGeneral may direct.

Awards

10 (1) The award of a decoration shall be made, with the approval of The Sovereign, by Instrument signed by the GovernorGeneral.

 (2) Nothing in these Regulations limits the right of the GovernorGeneral 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 postnominal 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 postnominal 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 postnominal 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 GovernorGeneral.

Cancellation and Reinstatement

14 (1) The GovernorGeneral 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
commencement

Application, saving or
transitional provisions

Letters Patent and  Regulations Governing the Award of Australian Bravery Decorations 1975

17 Feb 1975
(see Gazette 1975, No. S28)

14 Feb 1975

 

Letters Patent and Amendment of the Regulations Governing the Award of Australian Bravery Decorations 1987

5 Jan 1988
(see Gazette 1988, No. S5)

17 Nov 1987

Letters Patent and  Amendment of the Regulations Governing the Award of Australian Bravery Decorations 1990

7 May 1990
(see Gazette 1990, No. S108)

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
(see Gazette 1998, No. S473)

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)