Proclamation - Governor-General absent out of Australia (28 November 2014), the Honourable Paul de Jersey assumed administration of the Government of the Commonwealth of Australia

Overview

The Administration of the Commonwealth Act 2014 was enacted in 2014 to address the need for a clear framework to manage the administration of the Commonwealth Government in the absence of the Governor-General. This Act provides for the appointment of an Administrator who can assume the duties of the Governor-General under specified circumstances, ensuring the continuity of government. Enacted by the Parliament of Australia, the policy objective behind this legislation is to maintain the stability and uninterrupted functioning of the Commonwealth Government by establishing a clear succession plan in the event of the Governor-General’s absence, death, incapacity, or removal from office. The enactment ensures that there is no vacuum in the administration of the government, thereby upholding the constitutional framework and public trust.

Scope and Application

The proclamation in question applies to the administration of the Government of the Commonwealth of Australia under specific circumstances, namely when the Governor-General is absent out of Australia, deceased, incapacitated, removed from office, or temporarily absent for any reason. The legislation designates the Honourable Paul de Jersey, Governor of the State of Queensland, as the Administrator of the Government of the Commonwealth of Australia under these conditions, as evidenced by his assumption of the role on 28 November 2014. This legislation underscores the continuity of government and the orderly transition of administrative duties in the event of the Governor-General’s unavailability. The proclamation’s jurisdictional reach is inherently national, governing the executive administration of the Commonwealth of Australia. The Act does not explicitly delineate exclusions, exemptions, or thresholds but implicitly ensures that the continuity of government is maintained without interruption or ambiguity, thereby upholding the constitutional framework and legal stability of the nation.

Key Provisions

The main operative sections of this Proclamation (Gazette C2014G02006) pertain to the assumption of the administration of the Government of the Commonwealth of Australia by the Honourable Paul de Jersey. Section 1 establishes the context for this assumption of office, citing the Queen's Commission and the absence of the Governor-General out of Australia. The Proclamation asserts that Paul de Jersey, having taken the prescribed oaths, has assumed the administration of the Government of the Commonwealth of Australia on 28 November 2014. Under this legislation, Paul de Jersey is required to administer the government in the absence of the Governor-General. The obligations and requirements imposed on de Jersey include taking the prescribed oaths as mandated by the Commission dated 6 September 2014. His role involves ensuring the continuity of government and the administration of the Commonwealth in accordance with the constitutional framework. This includes the execution of duties and responsibilities that the Governor-General would normally perform during their tenure. Failure to adhere to the provisions of the Proclamation could result in legal and administrative consequences. However, the specific offences, penalties, or consequences for breach are not detailed in this particular document. The overarching principle is that de Jersey must act in accordance with the constitutional and legal frameworks governing the administration of the Commonwealth, and any deviation from these could have significant ramifications. The document concludes with the formal signing and sealing with the Great Seal of Australia, affirming the legality and authority of de Jersey's actions as the Administrator.