Proclamation - Administrator of the Government of the Commonwealth of Australia - 29 September 2016

Overview

The Succession to the Crown Act 2015 was enacted to amend the law relating to the succession to the throne of Australia. It was introduced to address the problem that Australia’s succession laws were not fully independent of those of the United Kingdom, particularly in relation to any preference for a male heir. This Act was passed by the Australian Parliament, with the policy objective of ensuring that the laws of succession in Australia are fully controlled by the Australian Parliament, and that the successor to the throne of Australia must be in agreement with the Australian constitutional arrangements, including the Act of Settlement 1701. This change was designed to ensure that Australia’s succession laws are in line with the principles of gender equality and do not disadvantage any potential heirs based on gender.

Scope and Application

This proclamation pertains to the administration of the Government of the Commonwealth of Australia in circumstances where the Governor-General is absent from Australia, incapacitated, or otherwise unable to perform their duties. Specifically, it applies to the Honourable Paul de Jersey, who, under the authority of a Commission dated 6 September 2014, has been appointed as the Administrator of the Government. The proclamation asserts that upon the Governor-General's absence out of Australia, Paul de Jersey assumes the administration of the Government. This administrative shift is effective from the date of the proclamation, 29 September 2016, and is executed under the authority of the Great Seal of Australia. This legislation impacts the governance structure of the Commonwealth of Australia, ensuring continuity of government administration during the absence or incapacity of the Governor-General. The jurisdictional reach of this proclamation is limited to the Commonwealth of Australia, where it governs the transition of executive powers and responsibilities. There are no specified exclusions, exemptions, or thresholds mentioned within the text, indicating that the provisions apply universally within the scope of the Administrator's duties. Any further details or conditions that might extend or restrict the application of this proclamation would be governed by subordinate instruments, which are not outlined in the provided text.

Key Provisions

The main operative sections of this Proclamation (C2016G01302) include the appointment of the Honourable Paul de Jersey as the Administrator of the Government of the Commonwealth of Australia in the event of the Governor-General's absence or incapacity. This appointment is made under the authority of a Commission dated 6 September 2014, signed by Queen Elizabeth II and sealed with the Great Seal of Australia. Section 1 of the Proclamation outlines the specific circumstances under which the Administrator assumes office, namely, the absence of the Governor-General from Australia, his death, incapacity, removal from office, or temporary absence for any reason. The Administrator, Paul de Jersey, has taken the prescribed oaths as required by Section 2, formalising his assumption of the administration of the Government of the Commonwealth of Australia. The Act imposes several obligations and requirements on the Administrator. Section 3 mandates that upon assuming office, the Administrator must sign and seal the Proclamation with the Great Seal of Australia, which is done to authenticate the document and signify the transfer of governmental responsibilities. The Administrator must also adhere to the terms outlined in the Commission, which governs the scope and limits of his authority during the period of his administration. Furthermore, Section 4 requires the Administrator to act in accordance with the Constitution and any other relevant laws, ensuring that the administration of the Government continues smoothly and lawfully during the Governor-General's absence. In the event of a breach of any provisions or requirements outlined in this Proclamation, there are potential civil, criminal, or administrative consequences. While the specific penalties are not detailed in the text, breaches of such nature could result in legal actions, including fines, imprisonment, or other penalties as prescribed by law. The severity of the consequences would depend on the nature of the breach and the specific laws applicable at the time. It is crucial that the Administrator acts within the bounds of his authority and in accordance with the law to avoid any legal repercussions.