Proclamation - Opening of Parliament

Overview

The Constitution Proclamation 2016 was enacted to address the need to formally establish a date and time for the Parliament of Australia to convene a new session. This proclamation was issued under section 5 of the Constitution of the Commonwealth of Australia, which empowers the Governor-General to summon the Parliament to meet. The Governor-General, the Honourable Sir Peter Cosgrove AK MC (Retd), appointed 30 August 2016 as the date and 10:30 am as the time for the Parliament to convene. This enactment ensures that the legislative branch of the Australian government is duly assembled and able to commence its duties, thereby maintaining the continuity of the parliamentary process and governance. The policy objective is to ensure the proper functioning of the Parliament, facilitating the legislative agenda and the democratic processes of the nation.

Scope and Application

This legislation, identified as C2016G01094, pertains to the proclamation for the convening of the Parliament of Australia. It applies to the entire Australian Parliament, including all Senators and Members of the House of Representatives, and sets the date and time for the session of Parliament. The proclamation is issued under the authority of the Governor-General of the Commonwealth of Australia and is in accordance with section 5 of the Constitution of Australia. The geographic and jurisdictional reach of this Act is national, as it applies to the federal Parliament and governs the commencement of parliamentary sessions across the Commonwealth. The Act does not extend or restrict its application through subordinate instruments, but rather establishes the framework for the constitutional mandate of the Parliament’s convening. This proclamation is a formal and necessary step to ensure the continuity of governance and the legislative process in Australia.

Key Provisions

The Constitution Proclamation (C2016G01094), issued on 15 August 2016, sets the date and time for the Parliament to convene, with section 1 specifying that the Parliament is to meet on Tuesday, 30 August 2016, at 10:30 am. This proclamation also mandates, under section 2, that the Governor-General, in this instance, the Honourable Sir Peter Cosgrove AK MC (Retd), summon all Senators and Members of the House of Representatives to this designated time and place. This formal document, signed and sealed with the Great Seal of Australia, is a critical administrative tool that ensures the orderly functioning of the Commonwealth's legislative body. The proclamation places specific obligations on the Governor-General and the parliamentarians. Under section 1, the Governor-General must officially set the date and time for the Parliament to meet, which is a fundamental step in the legislative process. Section 2 places the responsibility on the Governor-General to summon all Senators and Members of the House of Representatives, ensuring that all members are present and able to participate in the parliamentary session. These sections are pivotal in maintaining the continuity and legality of parliamentary proceedings. In terms of potential breaches of the obligations set out in the proclamation, there are no specific offences or penalties outlined within the document itself. However, failure to comply with the proclamation could lead to constitutional and procedural issues, potentially resulting in the nullification of parliamentary actions taken during the session. While the proclamation does not specify penalties, the broader legal framework of the Constitution and parliamentary rules and practices would apply, which could include a range of procedural and disciplinary measures for non-compliance. It is important for all involved parties to adhere strictly to the provisions of the proclamation to avoid any constitutional or procedural complications.