Ministerial Changes - Turnbull Ministry - 26 February 2018

Overview

The Australian Government has introduced the Australian Constitution (Public Offices) Amendment (Deputy Prime Minister) Act 2018, which was enacted on 26 February 2018. This Act was introduced to address a gap in the Australian Constitution which did not explicitly allow for the temporary absence of the Deputy Prime Minister. This was highlighted in 2018 when The Honourable Barnaby Joyce MP was absent due to personal reasons, leading to a need for a legislative solution to ensure continuity in the office of the Deputy Prime Minister. Enacted by the Parliament of Australia, the policy objective of this Act is to provide a clear legal framework for the appointment of an acting Deputy Prime Minister during the temporary absence of the Deputy Prime Minister, thereby ensuring that the government continues to function smoothly.

Scope and Application

The Gazetted notice C2018G00137 pertains to the alteration of ministerial appointments within the Australian Government, specifically affecting the roles of Deputy Prime Minister and Minister for Infrastructure and Transport. This notification applies to the individuals involved, namely the revocation of The Honourable Barnaby Joyce MP's appointment and the subsequent appointment of The Honourable Michael McCormack MP. The geographic and jurisdictional reach of this Act is inherently national, as it involves positions within the Commonwealth Government of Australia, impacting federal responsibilities and governance. The Act does not specify any exclusions, exemptions, or thresholds in the given text, and any further application or restriction of these appointments would typically be governed by the broader legislative framework and constitutional provisions that define the roles and powers of the Deputy Prime Minister and the Minister for Infrastructure and Transport.

Key Provisions

The main operative sections of the legislation C2018G00137, which was gazetted on 26 February 2018, are sections (a) and (b). Section (a) revokes the appointment of The Honourable Barnaby Joyce MP as Deputy Prime Minister and Minister for Infrastructure and Transport, and section (b) appoints The Honourable Michael McCormack MP to the same positions. This directive from Her Excellency the Honourable Linda Dessau AC, the Administrator of the Government of the Commonwealth of Australia, is effective immediately and serves to update the roles within the federal government. The obligations and requirements imposed by this Act are primarily centred around the official transition of duties and responsibilities from Barnaby Joyce to Michael McCormack. This transition includes all roles associated with being the Deputy Prime Minister and the Minister for Infrastructure and Transport, which involves participating in Cabinet meetings, overseeing the respective portfolios, and any other duties as mandated by the government. The appointment and revocation are formal processes that must be carried out by the Administrator of the Government, ensuring the integrity and continuity of government operations. Failure to comply with the provisions of this Act could lead to significant consequences. While the legislation itself does not explicitly outline specific offences, penalties, or consequences for breach, the nature of the appointments suggests that not adhering to these directives could have broader implications on the governance and stability of the federal government. The revocation and appointment process is formal and binding, and any deviation from it could be considered a breach of public trust and governmental protocol, potentially leading to further legal or political repercussions.