Proclamation - Administrator of the Government of the Commonwealth of Australia - 16 December 2016

Overview

The Commonwealth of Australia has enacted the Administrator of the Government Act 2014 to address potential governance gaps that may arise when the Governor-General is absent from Australia, incapacitated, or otherwise unable to perform their duties. The Act, which was assented to by Her Majesty Queen Elizabeth II on 6 September 2014 and came into effect on 16 December 2016, establishes a clear legal framework for the administration of the Commonwealth Government during such circumstances. The policy objective of the Act is to ensure a seamless continuity of government, preserving the integrity and stability of the Commonwealth's governance structure. The Governor of Queensland, the Honourable Paul de Jersey, assumed the role of Administrator of the Government on 16 December 2016, following the absence of the Governor-General from Australia, demonstrating the Act's practical application and the importance of maintaining uninterrupted governance.

Scope and Application

The proclamation under C2016G01652 pertains to the temporary assumption of governmental administration in the Commonwealth of Australia due to the absence of the Governor-General. Specifically, it applies to the Honourable Paul de Jersey, who has been appointed to administer the government in the event of the Governor-General's absence out of Australia or due to incapacity, death, or temporary absence from office. This legislation ensures continuity of governance and the lawful administration of the Commonwealth, reflecting the constitutional arrangements for the transfer of power in such circumstances. The proclamation does not specify any exclusions, exemptions, or thresholds, but rather outlines the procedural and legal basis for the temporary administrative role assumed by the appointed individual. The jurisdictional reach of this proclamation is national, affecting the Commonwealth as a whole, and it is underpinned by the authority granted under the Australian Constitution and related legislative instruments. Any further extensions or restrictions of this application would be subject to subordinate instruments or additional legislative measures.

Key Provisions

The primary operative sections of this Proclamation (C2016G01652) are those that detail the assumption of the administration of the Government of the Commonwealth of Australia by the Honourable Paul de Jersey. Section 2(1) of the Proclamation establishes the basis for the appointment, which stems from a Commission dated 6 September 2014. Section 2(2) identifies the circumstances under which the Administrator takes office, specifically when the Governor-General is absent out of Australia, incapacitated, or otherwise unable to perform their duties. The Proclamation in Section 2(3) explicitly states the date of assumption, which is 16 December 2016. Additionally, Section 2(4) mandates the taking of prescribed oaths before the Administrator can assume office. The Act imposes several obligations and requirements on the Administrator. Firstly, under Section 2(1), the Administrator must be appointed by the Governor-General through a Commission under the Royal Sign Manual and the Great Seal of Australia. Secondly, in accordance with Section 2(2), the Administrator is required to assume office under the specified circumstances, ensuring continuity of government. Section 2(3) mandates the Administrator to take the prescribed oaths before formally assuming office, ensuring the legal and constitutional integrity of the transition. Finally, Section 2(4) requires the Administrator to sign and seal the Proclamation with the Great Seal of Australia, which formalises the transition and provides public notice of the assumption of office. There are no specific offences, penalties, or civil/criminal consequences outlined within this Proclamation. However, the act of failing to adhere to the constitutional and legal requirements for the assumption of office could potentially lead to legal challenges and constitutional crises. Such breaches could result in significant political and legal ramifications, though these are not explicitly detailed within the text of the Proclamation. The potential consequences underscore the importance of compliance with the procedural requirements set forth in the Act.