Proclamation - Governor-General absent out of Australia (22 April 2013), Professor Marie Bashir assumed administration of the Government of the Commonwealth of Australia

Overview

The C2013G00604 Proclamation, dated 22 April 2013, was issued under the authority of the Constitution of the Commonwealth of Australia, specifically in response to the temporary absence of the Governor-General from Australia. This legislation ensures the continuity of government administration by appointing Professor Marie Bashir as the Administrator of the Government of the Commonwealth of Australia. The enactment was necessitated by the absence of the Governor-General, thereby providing a legal framework for the seamless transfer of governmental responsibilities to ensure there is no governance vacuum during such periods. The policy objective behind this proclamation is to maintain the stability and continuity of the Australian government in the absence of the Governor-General, thereby upholding the constitutional order and the rule of law.

Scope and Application

The C2013G00604 proclamation document pertains to the administration of the Government of the Commonwealth of Australia in the absence of the Governor-General. This proclamation specifically applies to Professor Marie Bashir, who was appointed by Her Majesty Queen Elizabeth the Second to administer the government under specific circumstances. The scope of this Act includes the event of the Governor-General's absence from Australia, death, incapacity, removal from office, or temporary absence for any reason, thereby providing a legal framework for the seamless transfer of governmental duties to Professor Marie Bashir. The jurisdictional reach of this proclamation is national, affecting the highest echelons of the Commonwealth government. The document does not outline any exclusions, exemptions, or thresholds, implying that its application is comprehensive within the stated conditions. The proclamation's authority extends through the use of subordinate instruments as necessary to facilitate the administration of the government in the Governor-General's absence.

Key Provisions

This proclamation outlines the circumstances under which Professor Marie Bashir assumed the administration of the Government of the Commonwealth of Australia. Specifically, Section 4 of the Act details the conditions under which the Governor-General may be absent from Australia or incapacitated, leading to the appointment of an Administrator. In this case, the Governor-General is absent out of Australia, as stated in Section 4(a). The Administrator, Professor Marie Bashir, has been appointed to administer the government in this interim period, as confirmed by Section 4(b). This provision ensures that there is a seamless transition of power and that the administration of the government continues without interruption. Under this Act, the Administrator has been vested with the same powers and functions as the Governor-General would have, subject to any specific limitations set out in the legislation. The obligations imposed on the Administrator include exercising the powers and duties of the Governor-General in their absence or incapacity, ensuring the continuity of government, and upholding the Constitution of Australia. The Administrator is required to act in accordance with the advice of the Prime Minister and the Federal Executive Council, and to make decisions that are in the best interests of the Commonwealth. Breaches of the provisions outlined in this proclamation could result in serious consequences. While the specific offences and penalties are not detailed in this particular piece of legislation, it is worth noting that any failure to adhere to the constitutional requirements for the administration of the government could potentially lead to legal challenges and consequences under other relevant laws. The seriousness of the consequences would depend on the nature and extent of the breach, and could potentially involve both civil and criminal liabilities, including the possibility of impeachment or other disciplinary actions as outlined in the Constitution or other applicable laws.