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Other document - Prerogative Instrument as made
Variation of Letters Patent dated 29 August 2001 for the inquiry into the failure of the HIH Insurance group and adequacy of arrangements for the regulation and prudential supervision of general insurance.
Administered by: Prime Minister and Cabinet
General Comments: Gazette No. 6 of 2001 (13 February 2001)

 

ELIZABETH THE SECOND, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth:

TO the Honourable Justice Neville John Owen

WHEREAS it is desired to amend the Letters Patent issued to you in relation to an inquiry into certain matters relating to the failure of HIH Insurance Group:

BY these Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council and pursuant to the Constitution of the Commonwealth of Australia and the Royal Commissions Act 1902 and other enabling powers, We amend the Letters Patent dated 29 August 2001 appointing you to be a Commissioner to inquire into certain matters relating to the failure of HIH Insurance Group:

(a)     by omitting from paragraph (a) the words ‘HIH or any of its directors, officers, employees, auditors, actuaries, advisers or agents:’ and substituting the words ‘HIH, or of any of its directors, officers, employees, auditors, actuaries, advisers, agents, or of any other person:’; and

(b)     by inserting in subparagraph (a) (ii) after the word ‘involved’ the words ‘or contributed to’; and

(c)     by omitting the words:

‘A reference to the discharge of a responsibility or obligation includes a failure to discharge a responsibility or obligation.’

and substituting the words:

‘A reference to the discharge of a responsibility or obligation includes a failure to discharge a responsibility or obligation;

A reference to related bodies corporate and related entities includes such bodies irrespective of whether they were so related at the time of the matters being inquired into.’

WITNESS the Right Reverend Dr Peter John Hollingworth, Companion of the Order of Australia, Officer of the Most Excellent Order of the British Empire, Governor-General of the Commonwealth of Australia.

Dated 6 February 2002

Governor-General

By His Excellency’s Command

Attorney-General

for the Prime Minister