Ministers of State Act 1946

Overview

The Ministers of State Act 1946 was enacted by the Parliament of Australia to amend the existing Ministers of State Act 1935-1941, addressing the need for updated provisions governing the number and remuneration of Ministers of State. This legislation was introduced to ensure that the executive branch of government could operate efficiently within the financial and structural constraints defined by the Act. The policy objective was to maintain an appropriate balance between the government's operational capacity and fiscal responsibility by setting a maximum number of Ministers and adjusting their salaries to reflect the economic conditions of the time. The Act also removed certain provisions that were specific to the wartime context, streamlining the legal framework for peacetime governance.

Scope and Application

The Ministers of State Act 1946 applies to the executive branch of the Commonwealth government, specifically the Ministers of State who are part of the Federal Executive Council. This Act amends the original Ministers of State Act 1935-1941, limiting the number of Ministers of State to no more than nineteen and adjusting their salaries. The Act's jurisdiction is limited to the Commonwealth of Australia, with no specified geographic reach beyond federal governance. The Act does not provide for exclusions, exemptions, or thresholds, but it does modify the original Act by repealing certain sections and introducing new provisions. The Act's application can be further extended or restricted through subordinate instruments, although the Act itself does not detail such mechanisms. The changes made by this Act are effective from the date it receives Royal Assent, as stipulated in the commencement section.

Key Provisions

The Ministers of State Act 1946 primarily amends the Ministers of State Act 1935-1941 by adjusting the number of Ministers of State and their salaries, while also repealing certain provisions (sections 1, 2). The Act specifies that the number of Ministers of State shall not exceed nineteen (section 3). It also increases the salary of Ministers of State from Eighteen thousand six hundred pounds to Twenty-one thousand two hundred and fifty pounds (section 4). Moreover, it repeals Section six of the Principal Act, which presumably dealt with special provisions during times of war, as it is not replaced or continued in this Act (section 5). Under the Act, the executive branch of the Australian government is required to ensure that the number of Ministers of State does not surpass the newly stipulated limit of nineteen (section 3). Additionally, it mandates that the remuneration for Ministers of State is set at the revised figure of Twenty-one thousand two hundred and fifty pounds (section 4). These provisions set clear boundaries and financial expectations for the roles of Ministers of State, ensuring consistency and clarity within the government structure. Failure to comply with the provisions of this Act may result in administrative or legal consequences, although the Act itself does not explicitly state any penalties or consequences for breaches. It is important for the government and its officials to adhere strictly to the stipulations of the Act to avoid any potential repercussions that might arise from non-compliance. The absence of explicit penalties in the text suggests that breaches might be addressed through other legislative or administrative means, emphasising the importance of compliance within the framework of Australian law.