Appointment of Deputies to the Governor-General

Legislation au C2014G00561 In force Gazette

Legislation content

 

 

 

APPOINTMENT OF PROFESSOR MARIE BASHIR AC CVO,

AS DEPUTY OF THE GOVERNOR-GENERAL

 

 

I, PETER JOHN COSGROVE, Governor‑General of the Commonwealth of Australia, hereby appoint PROFESSOR MARIE BASHIR AC CVO, GOVERNOR OF THE STATE OF NEW SOUTH WALES, to be my deputy within any part of the Commonwealth.

In her capacity as my deputy, and upon receipt of a request from me and in accordance with the terms of that request, PROFESSOR MARIE BASHIR is authorised to exercise the following powers and perform the following functions of the Governor‑General:

(a)     To make recommendations with respect to the appropriation of revenue or moneys by message to a House of the Parliament and to communicate other matters to a House of the Parliament;

(b)     When a proposed law passed by both Houses of the Parliament is presented for The Queen’s assent –

(i)       to declare, according to her discretion, but subject to the Constitution, that she assents in The Queen’s name, or that she withholds assent or that she reserves the law for The Queen’s pleasure; or

(ii)     except in the case of a proposed law to alter the Constitution, to return the proposed law to the House in which it originated and to transmit therewith any amendments which she may recommend;

(c)     To make, sign or issue any proclamation, order, regulation, ordinance, appointment, instrument, or document in accordance with the advice of the Federal Executive Council;

(d)     To administer such oaths or affirmations as may be necessary to be taken or made by any person in respect of his or her having been chosen or summoned to be a member of the Federal Executive Council or appointed to administer a Department of State;

(e)     To grant to convicted offenders pardons and to remit fines, penalties (including sentences) and forfeitures;

(f)      In accordance with the Commonwealth Prisoners Act 1967 (to the extent that any operation of that Act has been preserved, in particular by the Crimes Legislation Amendment Act (No 2) 1989), to direct, by order, that a person be released from prison on parole and to amend or revoke an order under that Act, directing that a prisoner be released from prison on parole;


(g)     In accordance with section 8A of the Removal of Prisoners (Territories) Act 1923, to grant to a person a licence to be at large or to vary or revoke a licence granted to a person under that Act;

(h)     To sign any correspondence with which it is necessary to deal urgently.

 

Dated 28 March 2014

 

 

 

 

 

 

 

 

 

 

Peter Cosgrove

Governor‑General

 

 

By His Excellency’s Command

 

 

 

 

 

 

 

 

 

 

Tony Abbott

Prime Minister


APPOINTMENT OF ALEX CHERNOV AC QC,

AS DEPUTY OF THE GOVERNOR-GENERAL

 

I, PETER JOHN COSGROVE, Governor‑General of the Commonwealth of Australia, hereby appoint ALEX CHERNOV AC QC, GOVERNOR OF THE STATE OF VICTORIA, to be my deputy within any part of the Commonwealth.

In his capacity as my deputy, and upon receipt of a request from me and in accordance with the terms of that request, ALEX CHERNOV is authorised to exercise the following powers and perform the following functions of the Governor‑General:

(a)     To make recommendations with respect to the appropriation of revenue or moneys by message to a House of the Parliament and to communicate other matters to a House of the Parliament;

(b)     When a proposed law passed by both Houses of the Parliament is presented for The Queen’s assent –

(i)       to declare, according to his discretion, but subject to the Constitution, that he assents in The Queen’s name, or that he withholds assent or that he reserves the law for The Queen’s pleasure; or

(ii)     except in the case of a proposed law to alter the Constitution, to return the proposed law to the House in which it originated and to transmit therewith any amendments which he may recommend;

(c)     To make, sign or issue any proclamation, order, regulation, ordinance, appointment, instrument, or document in accordance with the advice of the Federal Executive Council;

(d)     To administer such oaths or affirmations as may be necessary to be taken or made by any person in respect of his or her having been chosen or summoned to be a member of the Federal Executive Council or appointed to administer a Department of State;

(e)     To grant to convicted offenders pardons and to remit fines, penalties (including sentences) and forfeitures;

(f)      In accordance with the Commonwealth Prisoners Act 1967 (to the extent that any operation of that Act has been preserved, in particular by the Crimes Legislation Amendment Act (No 2) 1989), to direct, by order, that a person be released from prison on parole and to amend or revoke an order under that Act, directing that a prisoner be released from prison on parole;


 

(g)     In accordance with section 8A of the Removal of Prisoners (Territories) Act 1923, to grant to a  person a licence to be at large or to vary or revoke a licence granted to a person under that Act;

(h)     To sign any correspondence with which it is necessary to deal urgently.

 

Dated  28 March 2014

 

 

 

 

 

 

 

 

 

 

Peter Cosgrove

Governor‑General

 

 

By His Excellency’s Command

 

 

 

 

 

 

 

 

 

 

Tony Abbott

Prime Minister

 

Overview

The Appointment of Professor Marie Bashir AC CVO, as Deputy of the Governor-General, Act 2014 (Gazette) was enacted to address the need for a capable deputy in the absence of the Governor-General of the Commonwealth of Australia. This legislation was introduced to ensure the continuity of the Governor-General's functions and responsibilities in the event of their absence, illness, or unavailability. The Act was enacted by the Governor-General, Peter Cosgrove, on 28 March 2014, and authorised by the Prime Minister, Tony Abbott. The primary objective of this Act is to appoint Professor Marie Bashir, the Governor of New South Wales, as the deputy to the Governor-General, thereby ensuring the smooth functioning of the office and the continuity of essential duties and responsibilities. The Act grants Professor Bashir the authority to exercise specific powers and perform functions of the Governor-General as per the terms of the request, including making recommendations to the Parliament, granting pardons, and signing important documents.

Scope and Application

The document details the appointments of Professor Marie Bashir AC CVO, Governor of New South Wales, and Alex Chernov AC QC, Governor of Victoria, as deputies of the Governor-General of the Commonwealth of Australia. The appointments authorise these individuals to exercise the powers and perform the functions of the Governor-General within any part of the Commonwealth upon receipt of a request from the Governor-General and in accordance with the terms of that request. This includes making recommendations regarding the appropriation of revenue or moneys by message to a House of the Parliament, communicating other matters to a House of the Parliament, and granting pardons and remitting fines, penalties (including sentences) and forfeitures to convicted offenders. The appointments also empower the appointees to make, sign, or issue proclamations, orders, regulations, ordinances, appointments, instruments, or documents in accordance with the advice of the Federal Executive Council, administer oaths or affirmations necessary for members of the Federal Executive Council or Departments of State, and direct the release of prisoners on parole and grant licences to be at large under specific Acts. The appointments are made under the authority of the Governor-General and are dated 28 March 2014.

Key Provisions

This legislation appoints Professor Marie Bashir AC CVO, Governor of New South Wales, and Alex Chernov AC QC, Governor of Victoria, as deputies of the Governor-General of the Commonwealth of Australia (sections 1 and 2). The appointments are made by the Governor-General, Peter Cosgrove, with the concurrence of the Prime Minister, Tony Abbott. The appointments are effective as of 28 March 2014. The appointed deputies are authorised to exercise specific powers and perform functions of the Governor-General, upon request and in accordance with the terms of the request. These powers include making recommendations regarding the appropriation of revenue or moneys to a House of Parliament, communicating matters to a House of Parliament (section 1(a)), assenting to or withholding assent from proposed laws on behalf of The Queen, or returning the proposed law to the originating House with recommended amendments (section 1(b)), making, signing, or issuing proclamations, orders, regulations, and other documents in accordance with the Federal Executive Council's advice (section 1(c)), administering oaths or affirmations for members of the Federal Executive Council or Departments of State (section 1(d)), granting pardons and remitting fines, penalties, and forfeitures (section 1(e)), directing the release of prisoners on parole and amending or revoking parole orders under the Commonwealth Prisoners Act 1967 (section 1(f)), granting or varying licences to be at large under the Removal of Prisoners (Territories) Act 1923 (section 1(g)), and signing urgent correspondence (section 1(h)). The Act imposes several obligations on the appointed deputies. They must exercise the powers and perform the functions as per the terms of the request from the Governor-General. They must also act in accordance with the Constitution and any relevant laws. The Act does not specify the procedure or process for making recommendations, granting pardons, or issuing orders and proclamations, leaving these aspects to be determined by the relevant authorities and existing legal frameworks. There are no explicit offences, penalties, or consequences for breach mentioned in the text of this legislation. The consequences of acting outside the scope of the authorities granted by this Act or failing to fulfil the obligations imposed by it would likely be determined by existing laws and legal principles, such as misfeasance in public office or contempt of court. The maximum penalties for such offences would depend on the specific nature and severity of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.