Commission to Administer the Government of the Commonwealth of Australia - His Excellency the Honourable David Hurley AC DSC Ret'd

Overview

This legislation, titled "C2015G00433 (Gazette)", was enacted in 2015 to address a potential gap in the administration of the Commonwealth of Australia. The problem it sought to resolve was the need for a clear and defined procedure in the event of the absence, death, incapacity, removal, or temporary absence from office of the Governor-General. By establishing this Commission under the Sign Manual and the Great Seal of Australia, the Commonwealth sought to ensure continuity of government in the absence of the Governor-General. The enacting body was the Australian Parliament, and the policy objective was to provide stability and continuity in the administration of the government by appointing a suitable successor in the event of a vacancy in the office of the Governor-General. This was achieved through the appointment of His Excellency General The Honourable David Hurley as an acting Governor-General under the terms of the Commission.

Scope and Application

The Commission to Administer the Government of the Commonwealth of Australia, Gazetted as C2015G00433, pertains to the appointment of His Excellency General The Honourable David Hurley AC DSC Ret'd as an acting Governor-General. This legislative instrument applies to General Hurley, specifically in the context of his role and authority to govern in the event of the absence, death, incapacity, removal, or temporary absence of the Governor-General of the Commonwealth of Australia. The geographic and jurisdictional reach of this Act is nationwide, operating within the Commonwealth of Australia. The Commission is effective upon the request being made in accordance with the Letters Patent, as amended, relating to the office of the Governor-General. The Act itself does not specify exclusions, exemptions, or thresholds; rather, it provides the framework for the temporary transfer of authority. The application and scope of this Commission may be further defined or extended through subordinate instruments, which can address specific procedural or operational aspects not covered in the primary text.

Key Provisions

The primary operative sections of this legislation are those that detail the appointment and the scope of authority of General The Honourable David Hurley as an acting Governor-General of Australia (sections 1-3). These sections establish that General Hurley is to be appointed in the event of the absence, death, incapacity, removal, or temporary absence of the current Governor-General. Furthermore, this appointment is contingent upon a formal request being made in accordance with specific Letters Patent, which are amended as necessary. The Act imposes specific obligations on the parties involved. The first is General Hurley, who is obligated to assume the duties of the Governor-General under the defined circumstances. This includes administering the government of the Commonwealth during any period where the Governor-General is unable to fulfil their duties. Additionally, the Prime Minister, who is named in the legislation, has the responsibility of issuing the formal request that activates General Hurley's authority as per the Letters Patent. The Act also places an obligation on the government to ensure that the Letters Patent are kept updated and that any requests for General Hurley to act are processed correctly and in a timely manner. Violations of the provisions outlined in this Act may result in legal consequences. While the specific offences and penalties are not detailed in the text, it is reasonable to infer that any failure to follow the outlined procedures for requesting General Hurley to act could be subject to legal scrutiny. Breaches of the Act may also lead to civil or criminal liability, depending on the nature and impact of the breach. The maximum penalties are not specified within the text provided but would typically be determined by the relevant jurisdictional laws in place at the time of the breach.