APPOINTMENT OF HER EXCELLENCY
THE HONOURABLE MARGARET BEAZLEY AO QC,
AS DEPUTY OF THE GOVERNOR-GENERAL
I, DAVID JOHN HURLEY, Governor‑General of the Commonwealth of Australia, hereby appoint MARGARET BEAZLEY AO QC, 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:
(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 Margaret Beazley AO QC, as Deputy of the Governor-General, was enacted in 2019. This appointment is a specific legislative action taken by the Governor-General, David John Hurley, who appointed Margaret Beazley, the Governor of the State of New South Wales, to serve as his deputy within any part of the Commonwealth of Australia. This action was taken in accordance with the powers granted to the Governor-General under the Constitution. The policy objective of this appointment is to ensure continuity and stability in the administration of the Commonwealth, particularly in the Governor-General's absence, by allowing a qualified and experienced individual to exercise certain powers and perform specific functions on behalf of the Governor-General.
The Australian Parliament enacted this legislation to address the need for a reliable and capable deputy to the Governor-General. In this case, the Governor-General has chosen Margaret Beazley, who brings a wealth of experience and expertise to the role. Her appointment allows for the smooth functioning of essential governmental processes, such as assenting to legislation, granting pardons, and managing parole and prisoner transfers. This legislation ensures that the Commonwealth remains well-administered even in the absence of the Governor-General, thereby maintaining the integrity and efficiency of the nation's governance.
Scope and Application
The Appointment of Her Excellency The Honourable Margaret Beazley AO QC as Deputy of the Governor-General Act pertains to the appointment and authorisation of the Governor of the State of New South Wales, Margaret Beazley, as the Governor-General’s deputy within any part of the Commonwealth of Australia. This appointment is made under the authority of the Governor-General, David John Hurley, and provides Beazley with specific powers and functions to be exercised in accordance with the Governor-General’s request. These include the ability to make recommendations regarding revenue appropriation, to assent or withhold assent to proposed laws, to make proclamations, orders, and appointments, to administer oaths and affirmations, to grant pardons and remit penalties, to direct parole releases under specific Acts, and to sign urgent correspondence. The jurisdictional reach of this Act is national, extending across the entire Commonwealth of Australia, and it encompasses a range of official duties and responsibilities associated with the office of the Governor-General. The Act does not specify exclusions or exemptions but operates under the broader framework of the Australian Constitution and other relevant legislation.
Key Provisions
The main sections of this legislation (C2019G00643) concern the appointment of The Honourable Margaret Beazley as the Deputy of the Governor-General. Section (a) allows her to make recommendations regarding the appropriation of revenue or moneys by message to a House of Parliament, and to communicate other matters to a House of Parliament. Section (b) permits her, upon receipt of a request from the Governor-General, to declare assent to a proposed law passed by both Houses of Parliament in the Queen's name, or to withhold assent or reserve the law for the Queen's pleasure, except in cases where the proposed law aims to alter the Constitution. In such cases, she may return the law to the originating House with any recommended amendments. Section (c) authorises her to make, sign, or issue proclamations, orders, regulations, ordinances, appointments, instruments, or documents in accordance with the advice of the Federal Executive Council. Section (d) allows her to administer oaths or affirmations to individuals chosen or summoned to be members of the Federal Executive Council or appointed to administer a Department of State. Section (e) grants her the authority to pardon convicted offenders and remit fines, penalties, and forfeitures. Section (f) allows her to direct, by order, the release of a person from prison on parole and to amend or revoke such an order, in accordance with the Commonwealth Prisoners Act 1967 and the Crimes Legislation Amendment Act (No 2) 1989. Section (g) enables her to grant a licence to be at large or to vary or revoke a licence under the Removal of Prisoners (Territories) Act 1923. Lastly, section (h) authorises her to sign correspondence that requires urgent attention.
This Act imposes specific obligations and requirements on The Honourable Margaret Beazley as the Deputy of the Governor-General. She must exercise her powers and perform her functions in accordance with the advice of the Governor-General and the Federal Executive Council. Additionally, she is required to adhere to the constitutional framework and the provisions of relevant legislation when making decisions regarding the appropriation of revenue, granting pardons, and parole matters. Furthermore, she must administer oaths or affirmations to individuals as necessary and sign correspondence that requires urgent attention. These obligations are designed to ensure the proper functioning of the Australian government and the execution of its powers in accordance with the law.
The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, any actions taken by The Honourable Margaret Beazley that are inconsistent with the advice of the Governor-General, the Federal Executive Council, or the constitutional framework may have legal consequences. These could include judicial review or other legal remedies to rectify any unlawful actions. Moreover, any breaches of the Commonwealth Prisoners Act 1967 or the Removal of Prisoners (Territories) Act 1923, as referred to in sections (f) and (g) respectively, may be subject to the penalties and consequences outlined in those Acts. It is essential for The Honourable Margaret Beazley to exercise her powers and perform her functions in accordance with the law to avoid any potential legal repercussions.