Proclamation - Administrator of the Government of the Commonwealth of Australia - 1 June 2022

Overview

The Proclamation of 2022, C2022G00457, issued under the authority of the Governor of the State of Victoria, is an instrument of the Commonwealth of Australia, declaring that the Honourable Linda Dessau has assumed the administration of the Government of the Commonwealth of Australia due to the absence of the Governor-General from Australia. This act was enacted to ensure the continuity of governance and the smooth operation of governmental functions in the absence of the Governor-General, addressing the potential gap in leadership that might arise from such circumstances. The proclamation underscores the importance of having a structured process to maintain the administration's stability and legitimacy in accordance with the constitutional framework of Australia. The enactment of this proclamation by the Governor of Victoria, on behalf of the Prime Minister, Anthony Albanese, reflects the commitment to uphold the constitutional order and ensure that the Government of Australia continues to function effectively.

Scope and Application

The C2022G00457 Proclamation establishes the procedure for the assumption of governmental duties by the Administrator of the Commonwealth of Australia in the event of the absence, death, incapacity, or removal of the Governor-General. The proclamation specifically identifies Linda Dessau, the Governor of the State of Victoria, as the individual appointed to act in this capacity. The jurisdictional reach of this proclamation is national, as it pertains to the administration of the Commonwealth of Australia, thereby affecting the entire country. This Act does not detail specific exclusions, exemptions, or thresholds, but it is inherently limited to the circumstances outlined in the proclamation, such as the absence or incapacity of the Governor-General. The proclamation does not extend its application through subordinate instruments, as it directly addresses the immediate assumption of duties by the appointed Administrator.

Key Provisions

The main operative sections of this Proclamation pertain to the appointment and assumption of the administration of the Government of the Commonwealth of Australia. Section 1 establishes the circumstances under which the Governor of the State of Victoria, in this case the Honourable Linda Dessau, is authorised to assume the administration of the Government. The proclamation confirms that, following the absence of the Governor-General out of Australia, the Governor of Victoria is empowered to administer the Government (Section 1). Section 2 outlines the procedural steps taken by the Administrator, including taking the prescribed oaths, and the assumption of the administration of the Government on 1 June 2022. The Act imposes specific obligations on the Administrator, primarily ensuring that the continuity of government is maintained during the absence of the Governor-General. The Administrator is required to take the prescribed oaths and assume the administration of the Government in accordance with the provisions of the Act (Section 2). The proclamation must be signed and sealed with the Great Seal of Australia to authenticate the legitimacy of the assumed administration. The Act does not specify any offences, penalties, or civil or criminal consequences for breaches. However, the procedural correctness of the proclamation is paramount. Any failure to adhere strictly to the conditions and formalities outlined in the Act could potentially render the assumed administration unlawful. The absence of explicit penalties in this context suggests that the primary safeguard against non-compliance is the requirement for the proclamation to be issued in strict conformity with the Act's stipulations. The legitimacy of the assumed administration is contingent upon the procedural integrity of the proclamation process.