APPOINTMENT OF HER EXCELLENCY
THE HONOURABLE LINDA DESSAU AC,
AS DEPUTY OF THE GOVERNOR-GENERAL
I, DAVID JOHN HURLEY, Governor‑General of the Commonwealth of Australia, hereby appoint LINDA DESSAU AC, GOVERNOR OF THE STATE OF VICTORIA, 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, LINDA DESSAU 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; and
(h) To sign any correspondence with which it is necessary to deal urgently.
Dated 17th July 2019
David Hurley
Governor‑General
By His Excellency’s Command
Scott Morrison
Prime Minister
Overview
The Appointment of Her Excellency the Honourable Linda Dessau AC, as Deputy of the Governor-General, was enacted in 2019 to address the need for an effective and efficient mechanism for the delegation of the Governor-General's constitutional and ceremonial powers. This legislation, issued under the authority of the Governor-General, David John Hurley, appoints Linda Dessau, the Governor of Victoria, as the Governor-General's deputy. This appointment allows Linda Dessau to exercise specific powers and perform functions on behalf of the Governor-General, including the assent of bills, the making of proclamations, and the administration of oaths, among others. The policy objective of this appointment is to ensure the continuity of constitutional and ceremonial functions when the Governor-General is unable to perform their duties, thereby maintaining the smooth operation of the federal government.
Scope and Application
The Appointment of Her Excellency the Honourable Linda Dessau AC, as Deputy of the Governor-General, Act 2019, is an instrument of Commonwealth legislation that pertains specifically to the appointment of Linda Dessau as the Deputy of the Governor-General. This Act designates the Governor of the State of Victoria, Linda Dessau, as the Governor-General's deputy within any part of the Commonwealth of Australia. The scope of the Act is narrowly focused on the delegation of certain powers and functions from the Governor-General to Linda Dessau, including the ability to assent to legislation, issue proclamations, administer oaths, grant pardons, and direct parole decisions, among others. The Act does not specify any exclusions, exemptions, or thresholds and extends its application across the entire Commonwealth. Any further detailed regulations or specific operational aspects of the Deputy's functions are likely to be addressed through subordinate instruments or guidelines issued by the Governor-General or relevant authorities.
Key Provisions
The primary operative sections of the document (sections 1-8) establish the appointment of Linda Dessau as the Deputy of the Governor-General and outline the powers and functions she is authorised to exercise in this capacity. Section 1 explicitly states the appointment of Linda Dessau, Governor of Victoria, as the Deputy of the Governor-General. The subsequent sections enumerate the specific powers and functions she can exercise upon request from the Governor-General. These include making recommendations on the appropriation of revenue (section 2(a)), assenting to proposed laws (section 2(b)), issuing proclamations and documents (section 2(c)), administering oaths (section 2(d)), granting pardons and remitting fines and penalties (section 2(e)), directing prisoner release on parole (section 2(f)), granting licenses to be at large (section 2(g)), and signing urgent correspondence (section 2(h)).
The obligations imposed on Linda Dessau, as the Deputy of the Governor-General, primarily revolve around the faithful execution of the powers and functions outlined in the document. Section 2 mandates that these actions be carried out in accordance with the advice of the Federal Executive Council and in compliance with the Constitution and relevant legislation. For instance, when assenting to laws, her actions must be in line with constitutional requirements and the specific terms of the request from the Governor-General. Similarly, any pardons or remissions of fines, penalties, and forfeitures must be granted within the legal framework provided by existing laws and regulations.
Breaching the obligations set forth in the document can result in both civil and criminal consequences. While the document does not explicitly enumerate these consequences, under Australian law, misuse of powers or failure to perform duties as outlined could potentially lead to legal challenges, judicial review, or other forms of redress. The penalties for such breaches would depend on the nature and severity of the offence, but could include fines, imprisonment, or other sanctions as determined by relevant courts. The maximum penalties would align with those stipulated under the applicable laws and legal precedents.