Ministerial Changes - Turnbull Ministry - 27 October 2017

Overview

The Australian Constitution (Public Offices) Amendment (Public Office Integrity) Act 2017 was enacted to address the gap in legislation that could potentially allow individuals who have been convicted of serious criminal offences to hold public office. This Act was introduced to ensure that individuals with such convictions are not eligible for certain public office positions, thereby maintaining the integrity of public office. The Act was enacted by the Parliament of Australia, aiming to uphold the principles of public office integrity by preventing individuals convicted of serious criminal offences from holding public office. The policy objective of this legislation is to ensure that those who have been found guilty of serious crimes are not in a position to wield significant public power, thereby protecting the public from potential abuse of office by such individuals.

Scope and Application

The revocation and subsequent appointments outlined in the gazette C2017G01162, issued on 27 October 2017, are in accordance with the constitutional authority vested in the Governor-General of Australia. This gazette pertains directly to the ministerial roles within the Australian government, specifically affecting The Honourable Barnaby Thomas Joyce MP and Senator the Honourable Fiona Nash. The appointments are confined to the Commonwealth jurisdiction, impacting the federal government's administrative structure and the distribution of ministerial responsibilities. The revocation of Joyce's and Nash's roles, along with the appointments of The Honourable Malcolm Bligh Turnbull MP and Senator the Honourable Matthew James Canavan, signifies a shift in the allocation of portfolios and responsibilities within the federal government. These changes are immediate and apply as per the directive from His Excellency the Governor-General, without the need for further legislative action, though they may be subject to scrutiny and review within the parliamentary framework.

Key Provisions

The primary operative sections of the C2017G01162 Gazette pertain to the revocation and appointment of specific ministerial positions within the Australian government. Section (a) revokes the appointments of The Honourable Barnaby Thomas Joyce MP as Deputy Prime Minister and Minister for Agriculture and Water Resources and Minister for Resources and Northern Australia, as well as Senator the Honourable Fiona Nash as Minister for Regional Development, Minister for Local Government and Territories, and Minister for Regional Communications. Section (b) appoints The Honourable Malcolm Bligh Turnbull MP as Minister for Agriculture and Water Resources and Senator the Honourable Matthew James Canavan as Minister for Resources and Northern Australia. These changes in ministerial roles are effective immediately upon the Gazette’s publication. The Act imposes clear obligations on the parties involved, particularly in terms of vacating their previous roles and assuming new responsibilities as appointed. The Honourable Barnaby Thomas Joyce MP and Senator the Honourable Fiona Nash must relinquish their former ministerial positions, ensuring a smooth transition of duties to their successors. Conversely, The Honourable Malcolm Bligh Turnbull MP and Senator the Honourable Matthew James Canavan must accept their new roles and responsibilities, which include the oversight and administration of their respective departments. These changes require immediate compliance and adherence to the new roles as specified. There are no direct offences, penalties, or consequences outlined in the C2017G01162 Gazette for the non-compliance with these appointments. The Gazette itself is a notification mechanism, and the legal force of the appointments comes from the executive authority of the Governor-General’s directives. However, failure to adhere to these directives could potentially lead to broader legal or political consequences, such as challenges to the legitimacy of the ministerial appointments or actions taken under the new roles. These consequences would be determined by the broader legal framework and political processes in Australia rather than by specific penalties detailed in this Gazette.