Governor-General's Commission

Overview

The Commission for 2014, signed by Her Majesty Queen Elizabeth II, appoints General Peter John Cosgrove as the Governor-General of the Commonwealth of Australia. This appointment, executed under the Royal Sign Manual and the Great Seal of Australia, formalises Cosgrove's role as the Queen's representative in Australia, in accordance with the powers and directions outlined in the Letters Patent dated 21 August 2008 and any future related documents. This Commission underscores the authority granted to Cosgrove to exercise and perform the duties and powers assigned to the office of the Governor-General, as specified by the Constitution of the Commonwealth of Australia, and to adhere to any instructions and laws in force at the time. The enactment of this Commission by the Australian Parliament signifies the continuity and constitutional framework within which the Governor-General operates, ensuring that the office functions effectively as a vital component of the Australian government.

Scope and Application

The Royal Commission issued under the Sign Manual and the Great Seal of Australia appoints Peter John Cosgrove as the Governor-General of the Commonwealth of Australia, effective during the Queen's pleasure. The commission authorises Cosgrove to exercise and perform the powers and directions contained in the Letters Patent dated 21 August 2008, relating to the office of Governor-General or in any future Letters Patent relating to that office, according to instructions received by the Governor-General from the Queen and in accordance with the laws in force. The powers conferred by this Commission include any further powers that may be assigned to the Governor-General in accordance with section 2 of the Constitution of the Commonwealth of Australia. The geographic reach of this legislation is national, as it pertains to the appointment of the Governor-General, who represents the Queen in Australia and exercises constitutional and ceremonial duties. There are no stated exclusions, exemptions, or thresholds in this specific commission. The application of the Act may be extended or restricted through subordinate instruments such as Letters Patent or other constitutional provisions.

Key Provisions

The main operative sections of this legislation (C2014G00545) include the appointment of Peter John Cosgrove as the Governor-General of Australia (section 1), the authorisation to exercise powers as specified in the Letters Patent dated 21 August 2008, and any future Letters Patent relating to the office of Governor-General (section 2), and the declaration that the powers conferred by this Commission include any further powers that may in future be assigned to the Governor-General in accordance with section 2 of the Constitution of the Commonwealth of Australia (section 3). Essentially, this Commission authorises Cosgrove to act as the Governor-General, with the authority to perform any powers and duties associated with the office, as directed by the Prime Minister and in accordance with Australian law. The obligations and requirements imposed by this Act on Peter John Cosgrove include the exercise of the powers and duties of the Governor-General as specified in the Letters Patent and any future Letters Patent relating to the office (section 2), adherence to any instructions received from the Prime Minister or other relevant authorities (section 2), and compliance with all laws in force at the time of exercising the powers of the office (section 2). Cosgrove is required to perform his duties with due diligence, impartiality, and in accordance with the Constitution and laws of Australia. There are no explicit offences, penalties, or consequences for breach mentioned in this legislation. However, it can be inferred that failure to comply with the requirements and obligations outlined in the Act could lead to legal and constitutional consequences, such as challenges to the validity of actions taken by the Governor-General or potential legal action against Cosgrove for not fulfilling his duties as the Governor-General. The maximum penalties for such breaches would depend on the specific circumstances and would be determined by the relevant legal authorities. In summary, this legislation appoints Peter John Cosgrove as the Governor-General of Australia, granting him the authority to exercise the powers and duties associated with the office. It imposes the requirement on Cosgrove to perform his duties in accordance with the Constitution and laws of Australia and to adhere to any instructions received from the Prime Minister or other relevant authorities. While no explicit penalties are mentioned, failure to comply with the requirements and obligations outlined in the Act could lead to legal and constitutional consequences.