Proclamation - Opening of Parliament

Overview

The Constitution Proclamation 2019 was enacted to formally commence the session of the Australian Parliament, specifically appointing the day, time, and place for the Parliament to meet. This proclamation was issued under the authority of the Constitution of the Commonwealth of Australia, specifically section 5, which provides for the summoning and meeting of Parliament. The proclamation was signed by the Governor-General, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), and the Prime Minister, the Honourable Scott Morrison. The objective of this proclamation is to ensure the continuity of parliamentary operations by legally setting the date for the commencement of a new session, thereby enabling the government to conduct its business, introduce legislation, and address national issues.

Scope and Application

The Constitution Proclamation under C2019G00532 pertains to the formal scheduling of the meeting of the Australian Parliament, an essential constitutional function. This proclamation applies to the legislative branch of the Commonwealth government, specifically the Senators and Members of the House of Representatives, ensuring that the Parliament convenes on the appointed date and time. The geographic and jurisdictional reach of this Act is limited to the national level, as it concerns the operation of the federal Parliament. There are no stated exclusions or exemptions within the proclamation itself, and it does not extend or restrict its application through subordinate instruments. The proclamation sets a specific date and time for the Parliament to convene, thereby ensuring continuity and adherence to the constitutional framework of Australia.

Key Provisions

The Proclamation (sections 1-4) sets the official date and time for the Parliament of Australia to convene, which is Tuesday, 2 July 2019, at 10:30 am. This is a formal announcement under the authority of the Governor-General, which ensures that the legislative branch of government can officially begin its session. It also directs the Senators and Members of the House of Representatives to assemble at Parliament House for the purpose of conducting parliamentary business. Under this Proclamation, the obligations placed upon the Senators and Members of the House of Representatives are clear: they are required to attend Parliament House at the specified date and time. Failure to comply would mean that the Parliament cannot proceed with its constitutional duties, potentially disrupting the legislative process and governance of the nation. The Governor-General, in acting under section 5 of the Constitution, ensures that this fundamental aspect of Australian democracy is upheld. In terms of consequences for non-compliance, the Proclamation itself does not detail specific penalties or legal repercussions for failing to attend the summoned session. However, the broader legal framework of the Constitution and parliamentary rules would apply. Non-attendance could be viewed as a breach of the constitutional requirement for the Parliament to meet and function, which could lead to legal challenges or actions under parliamentary privileges and immunities. Additionally, any resultant legislative delays or failures could have indirect consequences on governance and public administration.