Governor-General Amendment Act 1988

Overview

The Governor-General Amendment Act 1988 was enacted to amend the Governor-General Act 1974 with respect to the salary of the Governor-General. The Act was passed by the Queen, in accordance with the authority of the Senate and the House of Representatives of the Commonwealth of Australia, and received Royal Assent on 19 October 1988. The primary objective of this legislation was to adjust the annual salary payable to the Governor-General from the Consolidated Revenue Fund, reflecting the economic and inflationary conditions of the time. The specific amendment made by this Act involves the substitution of the previous salary provision with a new annual sum of $95,000, effective from the date of the Act's commencement. However, it is noteworthy that this change does not apply to the Governor-General who was in office prior to the Act's commencement.

Scope and Application

The Governor-General Amendment Act 1988 is a piece of Commonwealth legislation that serves to modify the Governor-General Act 1974. This amendment specifically addresses the salary of the Governor-General, repealing and substituting the existing provision to set a new annual salary. The Act applies directly to the Governor-General, who is the head of state in Australia, and indirectly to the Consolidated Revenue Fund from which the salary is paid. The Act's jurisdiction is national, as it pertains to the federal office of the Governor-General. There are no stated exclusions or exemptions in the Act itself, though its application is limited to the salary aspect of the Governor-General's remuneration, not encompassing other allowances or benefits. The Act does not extend or restrict its application through subordinate instruments. The amendments do not affect the Governor-General in office at the time of the Act's commencement, ensuring a smooth transition in the implementation of the new salary provisions.

Key Provisions

The Governor-General Amendment Act 1988 primarily serves to amend the salary provisions for the Governor-General as outlined in the Governor-General Act 1974 (sections 1 and 3). This Act establishes that its short title is the Governor-General Amendment Act 1988 (section 1). It comes into effect upon receiving Royal Assent, although the salary amendment does not apply to the Governor-General currently in office (section 2). The key change introduced by this Act is the substitution of the salary provision in the Governor-General Act 1974, setting the annual salary of the Governor-General at $95,000 (section 3). The Act imposes specific obligations on the Commonwealth to ensure the Governor-General receives the updated salary as stipulated. This obligation falls under the Consolidated Revenue Fund, which must disburse the specified annual sum to the Governor-General. The Act also mandates that the new salary provision only applies to any future Governor-General assuming office after the Act’s commencement, not to the incumbent Governor-General at the time of its enactment. In terms of enforcement and consequences, the Act does not explicitly detail specific offences or penalties for breaches. However, by virtue of the Act's provisions, any failure to adhere to the new salary stipulation could be viewed as non-compliance with the statutory obligation to pay the Governor-General's salary as set forth in the Governor-General Act 1974. While the Act itself does not specify penalties, breaches of statutory obligations under Australian law can potentially lead to civil or criminal consequences, depending on the context and severity of the breach. It is also important to note that the Act's amendments are straightforward and do not introduce new regulatory requirements beyond the financial stipulation.