Proclamation - Governor-General absent out of Australia (1 April 2013), Professor Marie Bashir assumed administration of the Government of the Commonwealth of Australia

Overview

The C2013G00523 Proclamation, enacted in 2013, addresses the administrative continuity of the Commonwealth of Australia in the event of the Governor-General's absence or incapacity. This legal instrument was issued by the Governor of New South Wales, Professor Marie Bashir, as per the authority granted by the Commission from Queen Elizabeth II, ensuring that the government remains functional in the absence of the Governor-General. The proclamation underscores the importance of maintaining governmental operations without interruption, reflecting the policy objective of ensuring stability and continuity in the administration of the Commonwealth. The enactment by the Governor under the authority of the Commission is a formal recognition of the need for such contingencies to be legally and administratively prepared.

Scope and Application

The Proclamation, being a formal announcement of the assumption of governmental duties by an appointed Administrator, applies specifically to the circumstances of the absence or incapacitation of the Governor-General. The Act is limited to instances where the Governor-General is either out of Australia, incapacitated, removed from office, or temporarily absent for any reason. The application of the Proclamation is strictly jurisdictional, extending to the Commonwealth of Australia. It does not apply to any other persons or entities outside the scope of the Governor-General’s absence or incapacity. The geographic reach of this proclamation is national, ensuring the continuity of the government in the absence of the Governor-General. The Proclamation itself does not provide for exclusions, exemptions, or thresholds, but it does facilitate the assumption of governmental duties by a pre-appointed Administrator, thereby ensuring that the administration of the Commonwealth continues without interruption.

Key Provisions

The key operative sections of the Proclamation (C2013G00523) concern the assumption of government by a specified individual, in this case Professor Marie Bashir, under certain conditions. Section 4(1) details the conditions under which the Governor-General is absent, either due to being out of Australia, death, incapacity, removal, or temporary absence for any reason. Section 4(2) outlines that upon these conditions, the named individual, Professor Marie Bashir in this instance, is to administer the Government of the Commonwealth of Australia. The Proclamation mandates that the individual must take the prescribed oaths before assuming the role, as stated in Section 4(3), and it was executed on 1 April 2013, as per Section 4(4). The obligations and requirements imposed by the Act on the parties involved are primarily administrative and procedural. Professor Marie Bashir, as the appointed Administrator, must formally assume the role by taking the required oaths as stipulated. The Act ensures a seamless transition of power and continuity of government, requiring the Administrator to act in the capacity of the Governor-General during the specified absence. The proclamation also includes the formal signing and sealing with the Great Seal of Australia, which serves as an official attestation of the Administrator's authority. Breaches of the provisions outlined in the Proclamation could lead to significant consequences. While the Act itself does not specify offences or penalties, any failure to adhere to the stipulated conditions or requirements could potentially be considered an administrative or constitutional misstep. Such actions might invite scrutiny and could have broader implications on the governance and legal structure of the Commonwealth of Australia. The exact civil or criminal consequences would depend on further legislative interpretation and judicial decisions, but the seriousness of the administrative duties involved underscores the importance of compliance.