Governor-General Commission - Sam Mostyn AC

Overview

The Commission dated 4 June 2024, signed by His Majesty King Charles III, appoints Samantha Joy Mostyn AC as the Governor-General of the Commonwealth of Australia. This act, issued under the Royal Sign Manual and the Great Seal of Australia, underscores the continuity and stability of the nation's constitutional framework. It authorises and empowers Mostyn to exercise all powers and directions associated with the office of Governor-General, as delineated in the Letters Patent issued by Her Late Majesty Queen Elizabeth II on 21 August 2008, and any future Letters Patent. This appointment is made "during Our pleasure," aligning with the constitutional provision under section 2 of the Constitution of the Commonwealth of Australia. The Commission also includes a declaration that the powers conferred encompass any additional powers assigned to the Governor-General in the future. This appointment and its accompanying powers are given by the authority of the current Prime Minister, Anthony Albanese, ensuring the smooth transition and constitutional governance of the nation.

Scope and Application

The Commission appointing Samantha Joy Mostyn as the Governor-General of the Commonwealth of Australia outlines her role within the constitutional framework and specifies the powers and responsibilities she will exercise. This appointment is significant as it reflects the continuity of governance in Australia, ensuring the office of Governor-General, as a representative of the Crown, functions smoothly. The powers conferred to the Governor-General through this Commission include all those outlined in the Letters Patent from 2008, as well as any future amendments or additional powers assigned under section 2 of the Constitution. The scope of the Governor-General's role is broad and includes the exercise of executive powers, legislative functions such as granting assent to bills, and ceremonial duties. The Commission also authorises the Governor-General to act according to the instructions received from the Prime Minister and other laws in force at the time. This appointment extends to the entire Commonwealth of Australia, reflecting the national reach of the office, with the Governor-General acting as a unifying figure across all states and territories. The Commission does not explicitly state any exclusions or exemptions, but the powers exercised would be subject to existing laws and constitutional limitations. Any further clarification or extension of these powers would be addressed through future Letters Patent or legislative amendments.

Key Provisions

The main operative sections of the Commission, as outlined in C2024G00395 (Gazette), detail the appointment of Samantha Joy Mostyn as the Governor-General of the Commonwealth of Australia. Specifically, section 1 establishes the appointment and authorises Mostyn to exercise and perform all the powers and directions contained in the Letters Patent issued by Her Late Majesty Queen Elizabeth the Second on 21 August 2008, and in future Letters Patent relating to the office of Governor-General. Section 2 further clarifies that the powers conferred by this Commission include any additional powers that may be assigned to the Governor-General in accordance with section 2 of the Constitution of the Commonwealth of Australia. The Act imposes several obligations and requirements on the appointee. Mostyn is authorised to exercise the powers and directions stipulated in the Letters Patent and any future documents relating to the office. She must perform these duties according to the instructions received from the current Governor-General and in compliance with any laws in force. Additionally, she is empowered to undertake any further powers assigned to the Governor-General under the Constitution, ensuring she adheres to constitutional provisions and legal mandates. For breaches of the obligations outlined in the Act, the consequences can be both civil and criminal, depending on the nature of the breach. The Commission does not specify detailed penalties within its text, but violations could result in legal action under the relevant laws governing the office of the Governor-General. Given the high office and the responsibilities involved, breaches could lead to significant consequences, potentially including removal from office and other legal ramifications as dictated by Australian law.