Proclamation - Administrator of the Government of the Commonwealth of Australia

Overview

The Constitution of the Commonwealth of Australia, enacted in 1900, establishes the framework for the governance of the nation, including provisions for the appointment of the Governor-General to act as the Queen’s representative. However, it also includes provisions for the absence or incapacity of the Governor-General, which is addressed through the Governor-General (Acting Appointment) Act 1989. This Act allows for the appointment of an Administrator in the event that the Governor-General is absent from Australia, incapacitated, or otherwise unable to perform their duties. The Act was introduced to ensure a smooth transition of power and continuity of government in the absence of the Governor-General. The Governor-General (Acting Appointment) Act 1989 was enacted by the Parliament of Australia to provide a clear and legal framework for the appointment of an Administrator, thereby maintaining the stability and function of the federal government in accordance with the Constitution.

Scope and Application

The C2017G00672 Proclamation, dated 20 June 2017, pertains to the assumption of governmental responsibilities by the Honourable Paul de Jersey, who was appointed to act as the Administrator of the Government of the Commonwealth of Australia due to the temporary absence of the Governor-General from Australia. This Act is focused on the formal transition of power and does not extend to the routine administrative functions of the Commonwealth. It applies to the political framework of the Commonwealth, ensuring continuity in governance during the Governor-General's absence. The geographic and jurisdictional reach of this proclamation is limited to the Commonwealth of Australia, as it pertains to the internal administration of the federal government. The proclamation does not specify any exclusions, exemptions, or thresholds and operates within the confines of the established legal framework for such transitions. The application of this Act is direct and does not rely on subordinate instruments for extension or restriction of its scope.

Key Provisions

The main operative sections of this Proclamation (C2017G00672) detail the assumption of governmental administration by the Honourable Paul de Jersey, who is appointed to administer the Government of the Commonwealth of Australia in the event of the Governor-General's absence, death, incapacity, removal, or temporary absence. Section 4 of the Proclamation outlines the conditions under which the Governor of the State of Queensland assumes the role of Administrator, specifically when the Governor-General is absent from Australia. The Proclamation itself serves as the formal notification of this assumption of power, as per Section 2, and is signed and sealed with the Great Seal of Australia. The obligations imposed by this Act on the parties involved are primarily procedural and formal in nature. The Governor of Queensland, upon assuming the role of Administrator, must take the prescribed oaths as mandated by Section 4. This procedural obligation ensures that the transition of power is conducted in a formal and legally recognised manner. Additionally, the Prime Minister, Malcolm Turnbull, is required to issue a command affirming the assumption of power by the Administrator, thereby providing a clear chain of command and authority in the interim period. The Act also specifies potential consequences for breaches of its provisions, although the Proclamation itself does not detail specific offences or penalties. Generally, breaches of the formal procedures and obligations outlined in the Proclamation could lead to legal and constitutional consequences. For instance, failure to take the prescribed oaths or to properly notify the public of the assumption of power might be seen as undermining the legitimacy of the governmental transition. While the Proclamation does not explicitly state penalties, such breaches could result in legal challenges or other constitutional remedies, potentially leading to civil or criminal consequences depending on the nature and impact of the breach.