Proclamation - Governor-General absent out of Australia (29 May 2013), Professor Marie Bashir assumed administration of the Government of the Commonwealth of Australia

Overview

The Administrator of the Government of the Commonwealth of Australia Act 2013 was enacted to address the potential governance gaps arising from the absence or incapacity of the Governor-General. This Act was passed by the Commonwealth Parliament to ensure the continuity of the Australian Government's administration in the event of the Governor-General being unavailable, including due to absence from Australia, death, incapacity, or removal from office. The Act establishes the process for an appointed individual to temporarily assume the role of administering the Government of Australia, thus maintaining the constitutional framework and governmental operations without disruption. The policy objective is to provide a clear and lawful mechanism for the seamless transfer of administrative duties in critical circumstances, ensuring the stability and continuity of the Australian Government.

Scope and Application

The proclamation C2013G00815 pertains to the temporary administration of the Government of the Commonwealth of Australia, specifically in the event of the absence, death, incapacity, or removal of the Governor-General, or when the Governor-General is temporarily absent from office. It designates Professor Marie Bashir, who was appointed by Her Majesty Queen Elizabeth the Second, to assume the administration of the Government of the Commonwealth of Australia under these circumstances. This proclamation operates on a national level, covering the entire Commonwealth of Australia, and is in effect until the Governor-General resumes her duties or a new arrangement is made. The proclamation itself does not specify any exclusions, exemptions, or thresholds, and it is primarily a formal declaration of the temporary transfer of power rather than a legislative act with detailed provisions or subordinate instruments. The scope of this proclamation is limited to the specified events related to the absence or incapacity of the Governor-General.

Key Provisions

The proclamation establishes the framework under which the administration of the Government of the Commonwealth of Australia is assumed by a designated officer in the event of the Governor-General's absence, death, incapacity, removal, or temporary absence from office. Specifically, section 4 of the proclamation provides for the appointment of Professor Marie Bashir as the Administrator of the Government of the Commonwealth of Australia, effective from 29 May 2013, due to the Governor-General's absence from Australia. The proclamation delineates the roles and responsibilities of the Administrator, who must take the prescribed oaths to assume office. These oaths are essential to ensure the continuity of government and the lawful execution of the government's duties during the absence of the Governor-General. Under this proclamation, the Administrator is vested with the authority to administer the Government of the Commonwealth of Australia in accordance with the Constitution and applicable laws. The obligations imposed on the Administrator include the diligent execution of governmental functions, adherence to constitutional requirements, and the maintenance of the stability and continuity of government. The Administrator must act in accordance with the advice of the Federal Executive Council and ensure that all governmental activities proceed without interruption. Furthermore, the Administrator must remain within Australia unless there is an exigent need to temporarily leave the country, in which case another suitable officer may be appointed to act in their stead. The proclamation also outlines the consequences of failing to comply with its provisions. While the specific offences, penalties, or civil/criminal consequences for breaches are not explicitly detailed in this text, it is implied that any deviation from the constitutional and legal mandates could lead to significant ramifications. Such breaches might be subject to judicial review and could potentially result in legal actions for misconduct or failure to uphold the duties of office. The precise penalties would depend on the nature and severity of the breach, and could include civil liabilities, criminal charges, or administrative sanctions as determined by the relevant authorities. The overarching principle is to ensure that the administration of government remains uninterrupted and lawful during the period of the Governor-General's absence.