 Appendix 1 |
 Contents |
 Appendix 3 |
ELIZABETH THE SECOND, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth:
TO the Honourable Terence Rhoderic Hudson Cole AO RFD QC
WHEREAS it is desired to have an inquiry into certain matters relating to decisions or actions of Australian companies mentioned in the Final Report ("Manipulation of the Oil-for-Food Programme by the Iraqi Regime") of the Independent Inquiry Committee into the United Nations Oil-for-Food Programme:
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, the Royal Commissions Act 1902 and other enabling powers, We appoint you to be a Commissioner to inquire into and report on:
(a) whether any decision, action, conduct, payment or writing of:
(i) any of the three Australian companies that are mentioned in the Final Report ("Manipulation of the Oil-for-Food Programme by the Iraqi Regime") of the Independent Inquiry Committee into the United Nations Oil-for-Food Programme; or
(ii) any person associated with one of those companies;
might have constituted a breach of any law of the Commonwealth, a State or Territory; and [1]
(aa) whether any decision, action, conduct, payment or writing of:
(i) BHP Limited (now BHP Billiton Limited), BHP Billiton Petroleum Pty Limited or BHP Petroleum Limited; or
(ii) The Tigris Petroleum Corporation Pty Limited or The Tigris Petroleum Corporation Limited; or
(iii) any person associated with one of the companies mentioned in subparagraph (i) or (ii);
in relation to:
(iv) the shipment of approximately 20,000 tonnes of Australian wheat to the Grain Board of Iraq in December 1995 - January 1996 (the 1996 shipment); or
(v) the procurement of any United Nations approval and permission to export under the Customs (Prohibited Exports) Regulations 1958 in respect of the 1996 shipment; or
(vi) any agreements or arrangements made in relation to payment for the 1996 shipment; or
(vii) agreements by AWB Limited to sell 1 million tonnes of Australian wheat to the Grain Board of Iraq in December 2002, including any renegotiations of those agreements (the 2002 contracts); or
(viii) the procurement of any United Nations approval and permission to export under the Customs (Prohibited Exports) Regulations 1958 in respect of the 2002 contracts;
might have constituted a breach of any law of the Commonwealth, a State or a Territory; and [2]
(b) if the answer to either of paragraph (a) or (aa) is in the affirmative-whether the question of criminal or other legal proceedings should be referred to the relevant Commonwealth, State or Territory agency. [3]
AND We declare that, in these Letters Patent:
A person is associated with a company if the person is:
(a) a member, officer (within the meaning of the Corporations Act 2001), employee, agent or adviser of, or a contractor to, the company; or
(b) another company that is, in relation to the company, a related body corporate or related entity (within the meaning of the Corporations Act 2001); or
(c) a member, officer (within the meaning of the Corporations Act 2001), employee, agent or adviser of, or a contractor to, a company mentioned in paragraph (b).
AND We declare, without limiting the generality of these Letters Patent, that:
The reference in paragraph (a) of the fourth paragraph to "any decision, action, conduct, payment or writing" of any of the three Australian companies that are mentioned in that paragraph, or any person associated with one of those companies, includes (but is not limited to) any decision, action, conduct, omission, payment or writing of that company or person that occurred in the course of, in relation to, or consequential upon:
(a) any inquiry; or
(b) any investigation; or
(c) any response to any complaint, inquiry, investigation or allegation; or
(d) any report, notice or disclosure;
by that company or person concerning, in the course of, in relation to, or consequential upon any dealing by the company or person with:
(e) Iraq; or
(f) any ministry, department, instrumentality or state-owned company of Iraq; or
(g) any person or body acting for, on behalf of, or for the benefit of, Iraq or any ministry, department, instrumentality or state-owned company of Iraq. [4]
AND We declare that the Commission established by these Letters Patent is a relevant Commission for the purposes of sections 4 and 5 of the Royal Commission Act 1902.
AND We direct that you conduct your inquiry, to the extent possible, so as to avoid public disclosure of commercially sensitive or confidential material which your inquiry requires to be produced to it.
AND We require you to begin your inquiry as soon as practicable, to conduct your inquiry as expeditiously as possible, and, not later than 24 November 2006, to furnish to Our Governor-General of the Commonwealth of Australia the report of the results of your inquiry and such recommendations as you consider appropriate.[5]
WITNESS His Excellency Major General Philip Michael Jeffery, Companion of the Order of Australia, Commander of the Royal Victorian Order, Military Cross, Governor-General of the Commonwealth of Australia.
Dated
Governor-General
By His Excellency's Command
Attorney-General
for the Prime Minister
Notes
[1] Subparagraph (a) of the Letters Patent dated 10 November 2005 was substituted by this subparagraph (a) by Letters Patent dated 17 March 2006.
[2] Subparagraph (aa) was inserted by Letters Patent dated 6 February 2006. Subparagraph (aa)(ii) inserted by Letters Patent dated 6 February 2006 was substituted by a new subparagraph (aa)(ii) by Letters Patent dated 17 March 2006.
[3] Subparagraph (b) of the Letters Patent dated 10 November 2006 was amended by Letters Patent dated 6 February 2006.
[4] Paragraph 7 was inserted by Letters Patent dated 17 March 2006.
[5] The reporting date was extended from 31 March 2006 to 30 June 2006 by Letters Patent dated 10 March 2006. It was then further extended to 29 September 2006 by Letters Patent dated 22 June 2006. The reporting date was further extended to 24 November 2006 by Letters Patent dated 21 September 2006.
