Ministers of State Act 1935

Overview

The Ministers of State Act 1935 was enacted by the Commonwealth Parliament to amend the number of Ministers of State and their remuneration. The legislation was introduced to address a gap in the structure of the government apparatus, necessitated by the expanding responsibilities of the federal administration. The Act increased the maximum number of Ministers of State from seven to ten, reflecting the growing complexity of governance. It also appropriated a specific annual sum for their salaries, ensuring that the remuneration was adequately funded from the Consolidated Revenue Fund of the Commonwealth. The policy objective was to provide the flexibility required for the executive branch to effectively manage the increasing demands of public administration.

Scope and Application

The Ministers of State Act 1935 applies to the Commonwealth of Australia and pertains to the establishment and remuneration of Ministers of State. Specifically, the Act increases the allowable number of Ministers of State from seven to a maximum of ten. It also authorises the appropriation of funds from the Consolidated Revenue Fund for the payment of their salaries, up to an annual amount not exceeding Thirteen thousand five hundred and sixty pounds. The Act operates on a national level, impacting the federal government’s executive structure and budgetary considerations. Notably, the Act includes a repeal of certain sections of previous legislation, such as the Ministers of State Act 1917, the Financial Emergency Act 1931, the Financial Emergency Act 1932, and the Financial Relief Act 1933, as detailed in the Schedule. The Act does not explicitly provide for extensions or restrictions through subordinate instruments but lays out clear parameters for the number of Ministers and their financial provisions.

Key Provisions

The primary operative sections of the Ministers of State Act 1935 (section 1) establish the title of the Act and define the maximum number of Ministers of State and the allocation of funds for their salaries. Specifically, section 3 specifies that the number of Ministers of State can exceed seven but must not exceed ten. Section 4 provides that an annual sum, not exceeding thirteen thousand five hundred and sixty pounds, is to be paid from the Consolidated Revenue Fund of the Commonwealth for the salaries of the Ministers of State. The Act imposes certain obligations on the parties and entities it governs. Section 3 ensures that the number of Ministers of State is capped at ten, while section 4 mandates that an annual appropriation is made from the Consolidated Revenue Fund to cover the salaries of these Ministers. The Act also requires, through the Schedule, the repeal of certain sections of specified Acts (section 2), including the whole of the Ministers of State Act 1917 and parts of the Financial Emergency Act 1931, the Financial Emergency Act 1932, and the Financial Relief Act 1933. The Act does not explicitly outline specific offences, penalties, or consequences for breaches. However, the legislative framework implies that failure to comply with the provisions regarding the number of Ministers and the appropriation of funds could lead to legal scrutiny or challenges. While the Act does not detail specific penalties, breaches of statutory requirements in Australian law generally can result in civil or criminal consequences, depending on the severity and context of the breach. Civil consequences might include fines, injunctions, or other remedies, whereas criminal penalties could involve imprisonment or substantial fines, as determined by relevant laws and judicial discretion.