Ministers of State Act 1938

Overview

The Ministers of State Act 1938 was enacted to amend the Ministers of State Act 1935-1938, primarily addressing the need to adjust the number of ministers and their salaries in response to legislative and economic changes. This Act was passed by the Commonwealth Parliament, reflecting the government's intention to align the structure and remuneration of ministerial positions with contemporary requirements. The policy objective, while not explicitly stated in the text, can be inferred as ensuring that the executive branch is appropriately staffed and compensated to perform its duties effectively. By increasing the number of ministers from ten to eleven and adjusting their salaries from £16,950 to £18,600, the Act aimed to provide necessary flexibility and appropriate compensation within the federal government framework.

Scope and Application

The Ministers of State Act 1938 serves to amend the existing Ministers of State Act 1935-1938, thereby modifying the framework for the remuneration and the number of ministers within the Australian federal government. This Act applies to the federal government and specifically to the roles and salaries of ministers. The geographic and jurisdictional reach of this Act is limited to the Commonwealth of Australia, impacting the federal ministers and their remuneration structure. As an amendment, it extends its application by modifying the Principal Act, which was previously established by the Ministers of State Act 1935-1936 and further adjusted by the Parliamentary Salaries Adjustment Act 1938. Notably, this Act increases the number of ministers from ten to eleven and adjusts their salaries accordingly, reflecting changes in the government's structure and fiscal considerations. This Act does not explicitly state any exclusions or exemptions, but its amendments inherently exclude any ministers not covered by the revised numbers or salary adjustments.

Key Provisions

The Ministers of State Act 1938, as amended, primarily focuses on adjusting the number of Ministers and their salaries. Section 1 establishes the short title of the Act and provides for the citation of the Principal Act, the Ministers of State Act 1935-1936, as amended by the Parliamentary Salaries Adjustment Act 1938. Section 2 stipulates that the Act comes into operation on the seventh day of November, 1938. One of the key provisions of this Act is found in Section 3, which amends the Principal Act by increasing the number of Ministers from ten to eleven. Additionally, Section 4 revises the salary of Ministers from Sixteen thousand nine hundred and fifty pounds to Eighteen thousand six hundred pounds. The Act imposes certain obligations and requirements on the parties it governs. For example, the government must ensure that the number of Ministers does not exceed eleven, as stipulated in the amended Section 3. Furthermore, the salaries of these Ministers are to be adjusted in accordance with Section 4, ensuring they receive Eighteen thousand six hundred pounds annually. These adjustments are vital to maintaining the integrity and functionality of the government's executive branch. Failure to comply with the provisions of this Act may result in various civil or criminal consequences. Although specific offences, penalties, or consequences are not explicitly stated in the provided text, breaches of legislative requirements can typically lead to legal action. This may include fines, sanctions, or other legal remedies designed to enforce compliance with the Act. It is important for parties governed by this Act to adhere to its provisions to avoid any potential legal repercussions.