Ministers of State Amendment Act 2023

Administered by Department of Finance

Legislation au C2023A00104 In force Act

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Ministers of State Amendment Act 2023

 

No. 104, 2023

 

 

 

 

 

An Act to amend the Ministers of State Act 1952, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Ministers of State Act 1952

 

 

Ministers of State Amendment Act 2023

No. 104, 2023

 

 

 

An Act to amend the Ministers of State Act 1952, and for related purposes

[Assented to 28 November 2023]

The Parliament of Australia enacts:

1  Short title

  This Act is the Ministers of State Amendment Act 2023.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

29 November 2023

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

Ministers of State Act 1952

1  Title

Repeal the title, substitute:

An Act to provide for matters relating to Ministers of State and Executive Councillors, and for related purposes

2  After section 4

Insert:

5  Notification of certain matters relating to Executive Councillors

Choosing, summoning and swearing of an Executive Councillor

 (1) If the Governor‑General has chosen, summoned and sworn an Executive Councillor as a member of the Federal Executive Council under section 62 of the Constitution, the Official Secretary to the Governor‑General must by notifiable instrument:

 (a) notify that the Executive Councillor has been so chosen, summoned and sworn; and

 (b) specify:

 (i) the name of the Executive Councillor; and

 (ii) the day (the swearing day) on which the Executive Councillor was so chosen, summoned and sworn.

 (2) The notifiable instrument under subsection (1):

 (a) must be made as soon as practicable after the swearing day; and

 (b) may comprise a copy of the instrument (the section 62 instrument) made by the Governor‑General notifying that the Governor‑General has chosen, summoned and sworn the Executive Councillor as a member of the Federal Executive Council under section 62 of the Constitution.

 (3) The validity of a section 62 instrument is not affected by any failure to comply with subsections (1) and (2).

Revocation of Executive Councillor’s membership of the Federal Executive Council

 (4) If the Governor‑General revokes an Executive Councillor’s membership of the Federal Executive Council, the Official Secretary to the Governor‑General must by notifiable instrument:

 (a) notify that the Executive Councillor’s membership of the Federal Executive Council has been revoked by the Governor‑General; and

 (b) specify:

 (i) the name of the former Executive Councillor; and

 (ii) the day (the revocation day) on which the revocation occurred.

 (5) The notifiable instrument under subsection (4):

 (a) must be made as soon as practicable after the revocation day; and

 (b) may comprise a copy of the instrument (the section 62 revocation instrument) made by the Governor‑General revoking the Executive Councillor’s membership of the Federal Executive Council.

 (6) The validity of a section 62 revocation instrument is not affected by any failure to comply with subsections (4) and (5).

6  Notification of appointment of officer to administer a department of State of the Commonwealth etc.

Appointment of an officer to administer a department of State of the Commonwealth

 (1) If the Governor‑General appoints an officer to administer a department of State of the Commonwealth under section 64 of the Constitution, the Official Secretary to the Governor‑General must by notifiable instrument:

 (a) notify that the officer has been so appointed by the Governor‑General; and

 (b) specify:

 (i) the name of the officer; and

 (ii) the name of the department of State of the Commonwealth; and

 (iii) the day (the appointment day) on which the officer was so appointed.

 (2) The notifiable instrument under subsection (1):

 (a) must be made as soon as practicable after the appointment day; and

 (b) may comprise a copy of the instrument (the section 64 instrument) made by the Governor‑General appointing the officer to administer the department of State of the Commonwealth under section 64 of the Constitution.

 (3) The validity of a section 64 instrument is not affected by any failure to comply with subsections (1) and (2).

Revocation of appointment of an officer to administer a department of State of the Commonwealth

 (4) If the Governor‑General revokes an appointment made under section 64 of the Constitution that an officer administer a department of State of the Commonwealth, the Official Secretary to the Governor‑General must by notifiable instrument:

 (a) notify that the appointment of the officer has been revoked by the Governor‑General; and

 (b) specify:

 (i) the name of the officer; and

 (ii) the name of the department of State of the Commonwealth; and

 (iii) the day (the revocation day) on which the revocation occurred.

 (5) The notifiable instrument under subsection (4):

 (a) must be made as soon as practicable after the revocation day; and

 (b) may comprise a copy of the instrument (the section 64 revocation instrument) revoking the appointment of the officer to administer the department of State of the Commonwealth under section 64 of the Constitution.

 (6) The validity of a section 64 revocation instrument is not affected by any failure to comply with subsections (4) and (5).

6A  Notification of direction that Minister of State holds an office etc.

Direction that a Minister of State holds an office

 (1) If the Governor‑General directs that a Minister of State holds an office under section 65 of the Constitution, the Official Secretary to the Governor‑General must by notifiable instrument:

 (a) notify that the Governor‑General has directed that the Minister of State holds the office; and

 (b) specify:

 (i) the name of the Minister of State; and

 (ii) the name of the office; and

 (iii) the day (the direction day) on which the Governor‑General so directed.

 (2) The notifiable instrument under subsection (1):

 (a) must be made as soon as practicable after the direction day; and

 (b) may comprise a copy of the instrument (the section 65 instrument) made by the Governor‑General directing that a Minister of State holds an office under section 65 of the Constitution.

 (3) The validity of a section 65 instrument is not affected by any failure to comply with subsections (1) and (2).

Revocation of direction that a Minister of State holds an office

 (4) If the Governor‑General revokes a direction made under section 65 of the Constitution that a Minister of State holds an office, the Official Secretary to the Governor‑General must by notifiable instrument:

 (a) notify that the direction that the Minister of State holds the office has been revoked by the Governor‑General; and

 (b) specify:

 (i) the name of the Minister of State; and

 (ii) the name of the former office; and

 (iii) the day (the revocation day) on which the revocation occurred.

 (5) The notifiable instrument under subsection (4):

 (a) must be made as soon as practicable after the revocation day; and

 (b) may comprise a copy of the instrument (the section 65 revocation instrument) made by the Governor‑General revoking the direction that the Minister of State holds an office under section 65 of the Constitution.

 (6) The validity of a section 65 revocation instrument is not affected by any failure to comply with subsections (4) and (5).

3  Application provision

Sections 5, 6 and 6A of the Ministers of State Act 1952, as inserted by this Schedule, apply in relation to an exercise of power by the Governor‑General that occurs after the commencement of this item.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 1 December 2022

Senate on 19 June 2023]

 

(145/22)

 

Overview

The Ministers of State Amendment Act 2023 was enacted to amend the Ministers of State Act 1952, enhancing the administrative framework for the notification of significant actions related to Executive Councillors, officers administering departments of State, and Ministers of State. Enacted by the Parliament of Australia and assented to on 28 November 2023, the Act introduces mandatory notification requirements by the Official Secretary to the Governor-General for certain actions taken by the Governor-General. This includes notifying the swearing and revocation of Executive Councillors, the appointment and revocation of officers administering departments of State, and the direction and revocation of offices held by Ministers of State. The policy objective is to ensure transparency and clarity in the administration of government by providing formal notification of key actions involving the Federal Executive Council and Ministers of State. The Act is designed to ensure that significant actions under the Constitution are formally recorded and communicated, thereby enhancing accountability and the public's understanding of government operations. The provisions apply to exercises of power by the Governor-General occurring after the commencement of the Act.

Scope and Application

The Ministers of State Amendment Act 2023 amends the Ministers of State Act 1952 to introduce new requirements for the notification of certain actions concerning the appointment and revocation of Executive Councillors, officers administering departments of State of the Commonwealth, and Ministers of State holding offices. This Act applies to the Governor-General, the Official Secretary to the Governor-General, and any Executive Councillors, officers, or Ministers of State affected by the provisions. The Act has a national jurisdictional reach as it is Commonwealth legislation. There are no stated exclusions, exemptions, or thresholds within the Act itself; however, the validity of the instruments made by the Governor-General is not affected by any failure to comply with the notification requirements stipulated in the Act. The application of these sections is contingent on the exercise of power by the Governor-General occurring after the commencement of the relevant provisions.

Key Provisions

The Ministers of State Amendment Act 2023 (C2023A00104) amends the Ministers of State Act 1952 to introduce new notification requirements for certain actions taken by the Governor-General concerning Executive Councillors, officers administering departments of State, and Ministers of State. Specifically, section 5 of the Act mandates that the Official Secretary to the Governor-General must notify certain matters by notifiable instrument when the Governor-General chooses, summons, and swears an Executive Councillor (subsection 5(1)) or revokes their membership of the Federal Executive Council (subsection 5(4)). This notification must include the name of the Executive Councillor and the date of the action. Similarly, section 6 requires notification by notifiable instrument when the Governor-General appoints or revokes the appointment of an officer to administer a department of State (subsections 6(1) and 6(4)). The notification must specify the name of the officer, the name of the department, and the date of the appointment or revocation. Section 6A imposes a similar requirement for notifications when the Governor-General directs that a Minister of State holds an office or revokes such a direction (subsections 6A(1) and 6A(4)). In each case, the notification must specify the name of the Minister of State, the name of the office, and the date of the direction or revocation. The Act imposes specific obligations on the Official Secretary to the Governor-General to ensure timely and accurate notifications are made. For instance, under section 5(2), the notifiable instrument regarding the swearing or revocation of an Executive Councillor’s membership must be made as soon as practicable after the relevant day. Similar obligations apply for the notifications under sections 6 and 6A, as outlined in subsections 6(2) and 6A(2). These obligations aim to ensure transparency and clarity in the actions taken by the Governor-General concerning Executive Councillors, officers, and Ministers of State. The validity of the instruments made by the Governor-General (section 62 instrument, section 62 revocation instrument, section 64 instrument, section 64 revocation instrument, section 65 instrument, and section 65 revocation instrument) is not affected by any failure to comply with the notification requirements. There are no explicit offences, penalties, or consequences outlined for non-compliance with the notification requirements in the Act. However, the importance of timely and accurate notifications underscores the potential for significant administrative or legal implications if these requirements are not met. The Act's focus on ensuring transparency and clarity in the actions taken by the Governor-General suggests that non-compliance could lead to challenges in the governance and administration of the Federal Executive Council and departments of State. While specific penalties are not detailed in the Act, the underlying intent is to maintain the integrity and transparency of governmental actions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.