Proclamation - Governor-General absent out of Australia (23 February 2013), Professor Marie Bashir assumed administration of the Government of the Commonwealth of Australia

Overview

The C2013G00296 Act, proclaimed on 23 February 2013, serves as a legislative instrument to ensure continuity in the administration of the Commonwealth of Australia in the event that the Governor-General is absent from Australia, incapacitated, removed from office, or temporarily absent for any reason. This proclamation designates Professor Marie Bashir, who holds the position of Governor of the State of New South Wales, as the Administrator of the Government of the Commonwealth of Australia during such occurrences. The enactment of this proclamation was authorised by the Governor-General, Her Majesty Queen Elizabeth the Second, through a Commission dated 20 May 2003, and it is administered in accordance with the prescribed oaths and the Great Seal of Australia. The objective of this Act is to maintain the stability and governance of the Commonwealth by providing a clear framework for the transition of executive authority during periods when the Governor-General cannot fulfil their duties.

Scope and Application

The proclamation C2013G00296 serves as a formal notification that the Administrator has assumed the administration of the Government of the Commonwealth of Australia in the absence of the Governor-General, who is temporarily absent from Australia. This proclamation applies to the Administrator, in this instance, Professor Marie Bashir, who has been appointed to take on these responsibilities in accordance with the authority vested in her by the Commission dated 20 May 2003. The scope of this Act is limited to the specific circumstances of the Governor-General's absence, and it does not extend to any other roles or responsibilities beyond the temporary assumption of the Governor-General's duties. The proclamation ensures the continuity of government administration during the temporary absence of the Governor-General, thereby maintaining the lawful and orderly functioning of the Commonwealth of Australia.

Key Provisions

The main operative sections of this Proclamation (sections 2 and 3) declare that Professor Marie Bashir has assumed the administration of the Government of the Commonwealth of Australia due to the Governor-General being absent out of Australia. This assumption of power is in accordance with the provisions of the Commonwealth of Australia Constitution Act, specifically section 2. Section 2 provides for the administration of the Commonwealth in the event of the absence of the Governor-General, while section 3 declares the taking of the prescribed oaths and the assumption of the role by Professor Marie Bashir. This Proclamation is a formal declaration of the assumption of governmental duties by Professor Marie Bashir under specific circumstances outlined in the Commonwealth of Australia Constitution Act. The Act imposes certain obligations on Professor Marie Bashir, who has assumed the role of the Administrator of the Government of the Commonwealth of Australia. These obligations include the requirement to take the prescribed oaths as stipulated in section 3 of the Proclamation. This step is crucial in legally validating the transition of power and ensuring that Professor Marie Bashir is duly authorised to administer the Government in the absence of the Governor-General. Furthermore, the Act mandates that the formalities of the Great Seal of Australia be observed, as detailed in section 4, to signify the official and legal nature of the Proclamation. Breaching the obligations set out in the Proclamation could have significant legal consequences. Although the Proclamation itself does not explicitly detail offences or penalties, any failure to adhere to the constitutional requirements for the assumption of governmental duties could be subject to legal scrutiny. The consequences of such breaches might include judicial review or other legal actions to determine the validity of the administration. Additionally, if the administration is deemed unlawful, it could result in the nullification of any actions taken by the Administrator during the period of unauthorised administration. The potential penalties or consequences would be determined by the courts in light of the specific circumstances and relevant legal principles.