Proclamation - Administrator of the Government of the Commonwealth of Australia - 24 April 2017

Overview

The Administrator of the Government of the Commonwealth of Australia Act 2017 was enacted in 2017 to address the potential gap in governance should the Governor-General be unable to perform their duties due to absence, death, incapacity, or removal. This Act was introduced to ensure continuity of government administration during such contingencies, providing a clear and lawful framework for the transition of power. The Act was enacted by the Commonwealth Parliament, with the policy objective of maintaining the stability and continuity of the Commonwealth Government by appointing an Administrator to act in the Governor-General’s place if necessary. This ensures that there is no lapse in the administration of the government and that the constitutional duties of the Governor-General are fulfilled seamlessly in the event of an unforeseen absence or incapacity.

Scope and Application

This proclamation pertains to the administration of the Government of the Commonwealth of Australia, specifically addressing the temporary assumption of executive powers by the Governor of the State of Queensland, Paul de Jersey. This Act applies to the person of Paul de Jersey as the appointed Administrator in the absence of the Governor-General. The geographic and jurisdictional reach of this Act is national, as it involves the highest executive authority within the Commonwealth of Australia. It does not specify exclusions or exemptions but rather outlines the circumstances under which the Administrator takes over, namely when the Governor-General is absent out of Australia, incapacitated, removed from office, or temporarily absent for any reason. The proclamation is effective from the date of signing, 24 April 2017, and it operates within the constitutional framework established by the Commonwealth of Australia. Subordinate instruments may further detail the scope and application of this temporary administrative arrangement.

Key Provisions

The primary sections of the proclamation C2017G00459 detail the assumption of governmental administration by the Honourable Paul de Jersey, the Governor of the State of Queensland, in the absence of the Governor-General. According to section 2, Paul de Jersey has assumed the administration of the Commonwealth of Australia following the Governor-General's temporary absence from the country. This assumption of power is pursuant to the authority granted under a Commission issued by Queen Elizabeth II on 6 September 2014. The proclamation, signed and sealed with the Great Seal of Australia, outlines the formal process and legal basis for de Jersey’s interim role as the Administrator of the Government of the Commonwealth of Australia. Under this proclamation, certain obligations are placed on Paul de Jersey, who must adhere to the conditions set forth in the Commission and the Great Seal of Australia. His duties involve taking the prescribed oaths, which signify his commitment to upholding the constitutional and legal framework of the Commonwealth. This includes exercising the powers and functions of the Governor-General in their absence, ensuring continuity of government, and maintaining the stability of the administration. The proclamation also necessitates that de Jersey act in accordance with the law and the Constitution, thereby maintaining the integrity and continuity of governance during the Governor-General’s temporary absence. The Act does not explicitly state any offences, penalties, or consequences for breach within its text. However, the assumption of governmental administration by de Jersey is governed by the legal framework and constitutional obligations. Any failure to uphold these obligations could potentially lead to legal repercussions under the broader constitutional and administrative laws of Australia. The penalties for such breaches would likely be determined by relevant judicial interpretations and the severity of the misconduct, potentially involving both civil and criminal liabilities depending on the nature and impact of the breach.