Ministers of State Amendment Act (No. 2) 1987

Overview

The Ministers of State Amendment Act (No. 2) 1987 was enacted to address the need to increase the number of Ministers of State in the Australian government. This Act is an amendment to the Ministers of State Act 1952, which originally set the maximum number of Ministers at twenty-seven. By increasing this number to thirty, the Act aims to provide greater flexibility in the composition of the government and to allow for a more comprehensive distribution of responsibilities among Ministers. This amendment was introduced and assented to by the Queen, in accordance with the constitutional requirements of the Commonwealth of Australia, as part of an effort to better manage the increasing complexity of government functions and to enhance the efficiency of the executive branch. The policy objective of this legislation is to ensure that the government can effectively address the diverse and growing needs of the nation by allowing for a more extensive ministerial structure.

Scope and Application

The Ministers of State Amendment Act (No. 2) 1987 amends the Ministers of State Act 1952, extending its application to the Commonwealth of Australia, thereby affecting federal government ministers and their associated offices. This Act specifically alters the numerical limitation on the number of ministers that can be appointed, increasing the cap from twenty-seven to thirty. This alteration applies to the federal level, impacting the structure and capacity of the executive branch of the Commonwealth government. Notably, the Act does not specify any exclusions or exemptions, implying that its provisions apply broadly to all ministers unless otherwise stipulated by other legislation. The Act's amendments extend its reach through the amendment of the Principal Act, thereby influencing the scope of ministerial appointments and the associated administrative framework.

Key Provisions

The Ministers of State Amendment Act (No. 2) 1987 amends the Ministers of State Act 1952 to increase the maximum number of Ministers of State. Specifically, section 3 of the Act replaces the figure "twenty-seven" with "thirty" in section 4 of the Principal Act (section 3). This change allows for the appointment of up to thirty Ministers of State, up from the previous limit of twenty-seven. The Act will come into operation on the day it receives Royal Assent (section 2). Under this Act, the government is now permitted to appoint up to thirty Ministers of State. This increase in the number of Ministers may allow for more detailed oversight and management of governmental responsibilities and portfolios. The Act also includes references to previous amendments, indicating a history of changes to the number of Ministers and the legislative framework governing their appointments and roles. The Act does not explicitly detail specific obligations or requirements for parties or entities it governs. However, the increased number of Ministers may implicitly require more extensive administrative support and coordination within the government. It is also expected that the appointments and roles of these Ministers adhere to existing protocols and guidelines within the Ministers of State Act 1952 and any relevant parliamentary procedures. There are no specific offences, penalties, or civil/criminal consequences outlined within the Act itself. However, any breach of the provisions set out in the Ministers of State Act 1952, such as improper appointment or conduct by a Minister, could potentially lead to parliamentary scrutiny, ministerial responsibility, or other parliamentary processes. The Act’s focus is primarily on increasing the numerical limit of Ministers, rather than imposing new sanctions or penalties for non-compliance.