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Other document - Prerogative Instrument as made
Variation of Letters Patent dated 25 June 1981 for the inquiry into Terrence John Clark in respect of the deaths of Douglas Robert Wilson and Isabel Martha Wilson by engaging in activities in contravention to laws of the Commonwealth, in particular relating to the importation, exportation or possession of drugs.
Administered by: Prime Minister and Cabinet
General Comments: Gazette No. S 58 of 1983 (5 April 1983)

ENTERED ON RECORD by me, in Register of Patents No. 18, page 147,

this 28th day of March 1983.

 

Secretary to the Federal Executive Council

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

TO

DONALD GERARD STEWART

GREETING:

WHEREAS by Letters Patent issued in Our name by Our Administrator of the Government of the Commonwealth of Australia on 25 June 1981 We appointed you to be Commissioner to inquire into and report upon certain matters relating to Terrence John Clark and persons associated with him:

AND WHEREAS it is desirable that your inquiry include certain matters that may not fall directly within the matters to be inquired into under the Letters Patent issued on 25 June 1981:

NOW THEREFORE We Do, by these our Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council and in pursuance of the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902 and other enabling powers, vary the Letters Patent issued 25 June 1981 so as to require that, to the extent that you are not required to do so by those Letters Patent, you make inquiry into the following matters, namely -

(a)     whether the Nugan Hand Group engaged in activities involving contravention of laws of the Commonwealth (in particular, laws relating to the importation, exportation or possession of drugs or armaments or laws relating to exchange control);

(b)     whether the Nugan Hand Group directly or indirectly engaged in activities which local government authorities in the State of New South Wales involving contravention of a law of the Commonwealth;

(c)     if the Nugan Hand Group engaged in activities referred to in paragraph (a) or (b), what were the extent and nature of those activities;

(d)     whether in the course of, or in connection with, any activity referred to in paragraph (a) or (b), the Nugan Hand Group used, was used by, or co-operated with any person, organization or body;

 

 

(e)     whether any person, organization or body associated with the Nugan Hand Group directly or indirectly made or offered any payment of inducement for, or in connect with, or endeavoured by means of a threat to procure, the disclosure by any Commonwealth officer or any person who was formerly a Commonwealth officer of information relating to an investigation by an Australian law enforcement body into any activity referred to in paragraph (a) or (b);

(f)      whether any person, organization or body associated with the Nugan Hand Group procured or received, directly or indirectly, from any Commonwealth officer or any person who was formerly a Commonwealth officer information relating to an investigation by an Australian law enforcement body into any activity referred to in paragraph (a) or (b);

(g)     whether any person, organization or body improperly interfered with, inhibited or endeavoured to interfere with or inhibit any investigation by an Australian law enforcement body into any activity referred to in paragraph (a) or (b):

AND WE DECLARE THAT, for the purpose of these Our Letters Patent -

(h)     a reference to the Nugan Hand Group is a reference to any or all of the following:

(i)      Frank John Nugan;

(ii)     Micha         el Hand;

(iii)    the corporations specified in the Schedule;

(iv)    any other corporation which customarily acted in accordance with the directions of Frank John Nugan or Michael Hand or both or of  which Frank John Nugan or Michael Hand was a director or shareholder or which was otherwise controlled, directly or indirectly, by Frank John Nugan or Michael Hand, or both;

(j)      a reference to an Australian law enforcement body is a reference to any body in Australia with an obligation to inquire whether a law of the Commonwealth or of a State or Territory has been contravened with a view to laying, or recommending the laying of, a charge in respect of that contravention:

AND, without restricting the scope of your inquiry or the nature of your recommendations, We direct that, in conducting your inquiry and making your recommendations, you have regard to -

(k)     any reports made by the Commonwealth/State Joint Task Force on Drug Trafficking;

 

 

(l)      any reports of the Corporate Affairs Commission of New South Wales appointed as Inspector under Part VIA of the Companies Act 1961 of the State of New South Wales to investigate the affairs of the corporations specified in the Schedule; and

(m)    any reports made by a person holding office as liquidator of any of the companies referred to in the Schedule under an appointment made by the Supreme Court of New South Wales:

AND WE FURTHER DECLARE that you are not required by these Our Letters Patent to inquire, or to continue to inquire, into a matter if you are satisfied that the National Crimes Commission or the Commissioner appointed by our Governor-General on 10 September 1980 to inquire into certain matters relating to the Federated Ship Painters and Dockers Union is inquiring, or proposes to inquire, into that matter:

AND WE FURTHER DECLARE that the Letters Patent issued on 25 June 1981 shall have effect as if for the concluding paragraph there were substituted the following paragraphs:

“AND We Further Declare that the Commission established by these Our Letters Patent is a relevant Commission for the purposes of sections 4 and 5 of the Royal Commissions Act 1902:

“AND We require you as expeditiously as possible to make your inquiry and, not later than 31 December 1983, to furnish to Our Governor-General of the Commonwealth of Australia a report of the results of your inquiry and your recommendations.”.

SCHEDULE

K & R Cash Transit Pty Limited (In Liquidation)

Distravite Australia Wide Servicing Company Pty Limited

Distravite Pty Limited

Nugan Hand Limited (In Liquidation)

Nugan Hand (Dealers) Pty Limited

Nugan Hand International Holdings Pty Limited (In Liquidation)

Nugan Hand (Trade Services) Pty Limited

Yorkville Nominees Pty Limited (In Liquidation)

Australasian & Pacific Holdings Pty Limited (In Liquidation)

R B Cody Pty Limited

Garcia Bros. Hardware Pty Limited

Hidex Pty Limited

 

 

 

 

Illarangi Investments Pty Limited (In Liquidation)

Leasefast Pty Limited (In Liquidation)

Medevac Shipping Pty Limited

Naretha Pty Limited (In Liquidation)

Newcourt Financial Services Pty Limited

N H N Management Pty Ltd

S L Notwist Pty Limited

Pacific Continental Limited (In Liquidation)

P M Shelley Pty Limited

Skah Pty Limited

Solingen Australia Pty Limited

Swiss Pacific Pty Limited

W V Tennyson Pty Limited (In Liquidation)

Mars Road Investments Pty Limited (In Liquidation)

Nugan Hand (Hong Kong) Limited

Nugan Hand Inc. (Hawaii)

The Nugan Hand Bank (Cayman Islands)

WITNESS His Excellency the Right Honourable Sir Ninian Martin Stephen, a member of Her Majesty’s Most Honourable Privy Council, Knight of the Order of Australia, Knight Grand Cross of The Most Distinguished Order of Saint Michael and Saint George, Knight Grand Cross of the Royal Victorian Order, Knight Commander of the Most Excellent Order of the British Empire, Knight of the Most Venerable Order of the Hospital of Saint John of Jerusalem, Governor-General of the Commonwealth of Australia and Commander-in-Chief of the Defence Force.

Dated this twenty eighth day of March 1983.

 

Governor-General

By His Excellency’s Command,

 

Prime Minister