APPOINTMENT OF HER EXCELLENCY
THE HONOURABLE MARGARET BEAZLEY AC KC
AS DEPUTY OF THE GOVERNOR-GENERAL
I, SAM MOSTYN AC, Governor‑General of the Commonwealth of Australia, hereby appoint MARGARET BEAZLEY AC KC, 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, MARGARET BEAZLEY is authorised to exercise the following powers and perform the following functions of the Governor‑General:
- 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;
- When a proposed law passed by both Houses of the Parliament is presented for The King’s assent –
- to declare, according to her discretion, but subject to the Constitution, that she assents in The King’s name, or that she withholds assent or that she reserves the law for The King’s pleasure; or
- 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;
- To make, sign or issue any proclamation, order, regulation, ordinance, appointment, instrument, or document in accordance with the advice of the Federal Executive Council;
- 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;
- To grant to convicted offenders pardons and to remit fines, penalties (including sentences) and forfeitures;
- 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;
- To sign any correspondence with which it is necessary to deal urgently.
Dated 6 August 2024
[SIGNED]
Sam Mostyn AC
Governor‑General
By Her Excellency’s Command
[SIGNED]
Anthony Albanese
Prime Minister
Overview
The C2024G00553 Act, issued in 2024, facilitates the appointment of The Honourable Margaret Beazley AC KC as the Deputy of the Governor-General, enabling her to perform the functions and exercise the powers of the Governor-General under specific circumstances. Enacted by the Governor-General of the Commonwealth of Australia, the Act addresses the need for a capable and experienced Deputy to assist in the governance of the nation, particularly in the Governor-General's absence or incapacity. This legislation ensures continuity in the administration of the country’s constitutional functions, maintaining the integrity and efficiency of government operations. The policy objective is to secure a seamless transition and support for the Governor-General’s responsibilities, upholding the principles of governance and legal continuity within the Commonwealth.
Scope and Application
The C2024G00553 legislation, as published in the Gazette, pertains specifically to the appointment of The Honourable Margaret Beazley AC KCAS as the Deputy of the Governor-General. This appointment allows her to exercise various powers and perform functions that are typically the purview of the Governor-General across any part of the Commonwealth of Australia. This includes making recommendations regarding the appropriation of revenue, communicating with the Houses of Parliament, and granting assent to laws on behalf of The King. The scope of the Act applies to The Honourable Margaret Beazley as she assumes her role and duties as the Deputy of the Governor-General, thereby empowering her to act in the Governor-General's stead in specific circumstances outlined by the Governor-General. This Act is intended to facilitate the seamless continuity of constitutional duties and governance within the Commonwealth, ensuring that essential functions can be performed effectively even in the absence of the Governor-General. The Act does not explicitly state any exclusions, exemptions, or thresholds, but it is contingent upon the receipt of a request from the Governor-General and operates within the bounds of the Constitution.
Key Provisions
The main operative sections of this legislation (C2024G00553) specify the appointment of MARGARET BEAZLEY as the Deputy of the Governor-General, with her authorised to exercise specific powers and perform certain functions in the Governor-General's stead (Section 1). These powers include making recommendations regarding revenue appropriation, communicating with the Parliament, assenting to or withholding assent from proposed laws, and issuing proclamations or orders based on advice from the Federal Executive Council (Section 2). Additionally, MARGARET BEAZLEY is empowered to administer oaths or affirmations, grant pardons to convicted offenders, and manage fines, penalties, and forfeitures (Section 3). The legislation also allows her to issue licences for individuals to be at large, as well as to handle urgent correspondence (Section 4).
The obligations and requirements imposed by this Act on MARGARET BEAZLEY, as the Deputy of the Governor-General, include exercising her powers and performing her functions in accordance with the terms of the Governor-General’s request and the advice of the Federal Executive Council. This entails acting within the discretion permitted by the Constitution and the specific instructions provided. Furthermore, MARGARET BEAZLEY must adhere to the procedures outlined for the administration of oaths and affirmations, the granting of pardons, and the management of legal consequences for convicted individuals. The Act also mandates her to act upon any requests for the declaration of assent or withholding of assent from proposed laws, as well as the communication of any recommended amendments back to the originating House of Parliament.
The legislation does not explicitly detail offences or penalties for breaches of its provisions. However, it is implied that any misuse of the powers granted or failure to comply with the specified obligations could be subject to legal scrutiny and potential consequences under the broader framework of Australian constitutional and administrative law. Given the sensitive nature of the duties involved, any significant deviation from the prescribed functions could result in legal challenges or other repercussions, though specific penalties are not enumerated within this particular piece of legislation. The overarching authority of the Governor-General and the legal system would likely provide the means to address and remedy any breaches effectively.