Governor-General's Commission

Overview

The Royal Sign Manual and the Great Seal of Australia were used to enact Commission C2019G00563, which appoints General The Honourable David John Hurley AC DSC (Retd) as the Governor-General of the Commonwealth of Australia. This appointment was made under the authority of Elizabeth the Second, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth. The policy objective of this legislation is to ensure the continuity of the office of the Governor-General, who exercises the powers of the Queen in the Commonwealth of Australia, as outlined in the Letters Patent dated 21 August 2008 and any future Letters Patent. This appointment follows the constitutional requirements and is intended to maintain the stability and proper functioning of the Australian government, in line with the powers assigned to the Governor-General under section 2 of the Constitution of the Commonwealth of Australia.

Scope and Application

This Commission, issued under the Royal Sign Manual and the Great Seal of Australia, appoints David John Hurley as the Governor-General of the Commonwealth of Australia. The Governor-General, as the Queen's representative, is vested with significant constitutional powers and responsibilities, including the authority to exercise the powers and duties outlined in the Letters Patent dated 21 August 2008 and any future Letters Patent relating to the office, as well as any further powers assigned by the Constitution. This appointment is subject to the Queen's pleasure and mandates the execution of duties according to the laws in force and any instructions received by the incumbent Governor-General. The jurisdiction of this Commission is national, as it pertains to the highest office in the Australian federal structure, and it encompasses all powers and functions associated with the office of the Governor-General as defined by Australian constitutional law. The scope of this appointment is comprehensive, covering all constitutional and ceremonial roles, as well as any additional powers that may be assigned to the Governor-General in accordance with the Constitution.

Key Provisions

The key operative sections of this legislation are sections one through three, which provide for the appointment of David John Hurley as the Governor-General of the Commonwealth of Australia. Specifically, section one (1) appoints David John Hurley to the role of Governor-General, section two (2) authorises him to exercise the powers contained in the Letters Patent of 21 August 2008 and any future Letters Patent, and section three (3) declares that the powers conferred by this Commission include any further powers that may be assigned to the Governor-General under section 2 of the Constitution of the Commonwealth of Australia. The obligations and requirements this Act imposes on the parties it governs are primarily centred around the role of the Governor-General. The Governor-General is to exercise and perform the powers contained within the Letters Patent and any future Letters Patent, in accordance with the instructions received from the reigning monarch and any laws in force at the time. The Governor-General must act in accordance with these powers and instructions, and any further powers assigned to the role under the Constitution. Failure to comply with the obligations and requirements set out in this Act may result in various consequences, depending on the nature and severity of the breach. While specific offences and penalties are not detailed in this particular piece of legislation, breaches of the Governor-General's duties or powers could potentially lead to legal action, including civil or criminal proceedings. In such cases, the penalties could vary widely depending on the nature of the breach and the relevant laws that apply. It is important to note that the Governor-General's role is primarily ceremonial and symbolic, and any breaches of duty would likely be subject to the highest standards of accountability and scrutiny.