Proclamation - Opening of Parliament 2022

Overview

The Constitution Proclamation (C2022G00502) was enacted in 2022 by the Governor-General, General the Honourable David Hurley AC DSC (Ret’d), acting under section 5 of the Constitution of the Commonwealth of Australia. The proclamation sets the date and time for the Parliament to convene, thereby ensuring the continuity of legislative functions and the orderly conduct of parliamentary business. This formal announcement was made in response to the requirement under the Constitution for the Governor-General to call for parliamentary sessions, facilitating the operation of the legislative branch of the Australian government. The policy objective is to maintain the constitutional integrity and the timely functioning of the Parliament, ensuring that governmental processes remain uninterrupted.

Scope and Application

The Constitution Proclamation, issued under section 5 of the Constitution of the Commonwealth of Australia, designates a specific date and time for the commencement of a parliamentary session. This proclamation applies to all Senators and Members of the House of Representatives, ensuring that the legislative branch is convened and operational. The geographic and jurisdictional reach of this Proclamation is national, applying across the Commonwealth of Australia, and it mandates that the Parliament convenes at the Parliament House. The document does not specify any exclusions, exemptions, or thresholds as its primary function is to establish the formal procedure for the opening of a parliamentary session. The Proclamation itself does not extend or restrict its application through subordinate instruments but rather serves as a directive for the commencement of parliamentary duties as outlined in the Constitution.

Key Provisions

The Constitution Proclamation (C2022G00502) provides the formal appointment of a date and time for the Parliament to convene, as outlined in section 5 of the Constitution of the Commonwealth of Australia. Specifically, it sets Tuesday, 26 July 2022, at 10:30am as the day and time for the Parliament to meet at Parliament House for a session. This proclamation is an essential procedural step in the governance of Australia, ensuring that the legislative branch is properly convened to carry out its functions. The Governor-General, General the Honourable David Hurley AC DSC (Ret’d), has exercised his authority under section 5 of the Constitution to make this proclamation, which is both signed and sealed with the Great Seal of Australia. Under this Act, the Governor-General is required to summon all Senators and Members of the House of Representatives to meet at the specified date, time, and place. This directive is crucial for the functioning of the parliamentary system, ensuring that the legislative body is appropriately assembled and ready to engage in its duties. The obligations placed on the Governor-General and the members of Parliament include attending the session as scheduled, which is fundamental to the continuity and effectiveness of parliamentary operations. The Act mandates that this session should take place at Parliament House, reinforcing the central location for legislative activities. Failure to comply with the requirements set out in the Constitution Proclamation may have legal implications, although the Act itself does not explicitly detail penalties or specific legal consequences for non-compliance. However, the fundamental nature of these provisions suggests that non-compliance could potentially disrupt the functioning of the Parliament and may be subject to judicial review or other legal remedies under broader constitutional principles. While the Act does not enumerate specific penalties or offences, the gravity of the proclamation underscores the importance of adherence to its directives.