Ministers of State Act 1971

Overview

The Ministers of State Act 1971 was enacted to amend the existing Ministers of State Act 1952-1968, addressing the need to adjust the number of Ministers and their remuneration to reflect contemporary requirements. This Act, assented to on 18 May 1971, was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary change introduced by this legislation was the increase in the number of Ministers from twenty-six to twenty-seven, and an adjustment to the salaries of Ministers from two hundred and forty-five thousand, five hundred to two hundred and fifty-three thousand dollars. This amendment aimed to accommodate an expanded ministerial portfolio, ensuring that the government could effectively manage its responsibilities and duties.

Scope and Application

The Ministers of State Act 1971 amends the Ministers of State Act 1952-1968, establishing its application across the Commonwealth of Australia. This Act applies to the number and remuneration of Ministers of State, specifically increasing the number of Ministers from twenty-six to twenty-seven and adjusting their salaries accordingly. It does not explicitly state exclusions or exemptions, but it is understood that the provisions pertain solely to the office of Ministers of State within the federal government. The Act's amendments are direct and do not extend to subordinate instruments unless otherwise specified in additional legislation. The scope of this Act is limited to the federal government’s executive branch, affecting the configuration and financial entitlements of Ministers of State as outlined in the amended provisions.

Key Provisions

The Ministers of State Act 1971 introduces specific amendments to the Principal Act, most notably in sections 3 and 4. Section 3 of the Act increases the number of Ministers from twenty-six to twenty-seven. This change allows for an additional Minister to be appointed, potentially expanding the scope and reach of governmental responsibilities. Section 4 modifies the salary of Ministers, raising it from two hundred and forty-five thousand, five hundred to two hundred and fifty-three thousand. This adjustment reflects the updated remuneration for those in Ministerial positions, presumably accounting for inflation or other economic factors. Under the provisions of the Act, there are obligations placed on both the government and the newly appointed Minister. The government must ensure that the appointment of the twenty-seventh Minister is in accordance with the constitutional requirements and that all necessary protocols are followed. Additionally, the salary adjustment must be implemented for all existing Ministers, which requires administrative action to update their pay rates. The Minister themselves must adhere to the responsibilities and duties associated with their role, as well as any additional obligations that may come with their specific portfolio. The Act does not explicitly outline offences or penalties for breaches of its provisions. However, failure to adhere to the prescribed number of Ministers or the correct salary could potentially lead to legal challenges regarding the constitutionality of the appointments or the legality of the salary adjustments. In such cases, the consequences could include judicial review or other legal remedies to ensure compliance with the Act. While the Act itself does not detail specific penalties, breaches of ministerial appointments or salary regulations could result in broader legal and administrative repercussions.