Proclamation - prorogue of the Parliament from 5.00pm 15 April 2016 until 9.30am 18 April 2016 and session of the Parliament, 18 April 2016

Overview

The Australian Constitution Act 2016 was enacted to address the procedural requirements of prorogation and reconvening of the Australian Parliament. This Act allows the Governor-General to formally suspend parliamentary proceedings and schedule their resumption. Enacted by the Governor-General under section 5 of the Constitution, the Act ensures that the orderly transition of parliamentary sessions is managed effectively, providing a clear legal framework for the prorogation and reconvening of Parliament. This process is critical for maintaining the continuity of government operations and legislative activities, ensuring that parliamentary duties can be resumed in an organised and timely manner.

Scope and Application

The Proclamation, made under section 5 of the Australian Constitution, outlines the authority of the Governor-General to prorogue the Parliament, specifically setting the dates for the prorogation and subsequent reconvening of Parliament. This proclamation applies to the legislative branch of the Australian government, specifically the Governor-General, Senators, and Members of the House of Representatives. It is a Commonwealth proclamation, which means its reach is national, applying across all states and territories within Australia. The proclamation itself does not specify exclusions or exemptions but rather provides a structured timeline for the parliamentary proceedings. The Governor-General's authority to set these dates is further extended through subordinate instruments such as regulations or orders, which may detail specific procedural aspects of the reconvening of Parliament. These instruments, however, are not detailed within the Proclamation itself but would be issued under the authority granted by the proclamation.

Key Provisions

The proclamation outlined in C2016G00380, issued under the authority vested in the Governor-General by section 5 of the Australian Constitution, involves three primary actions. Firstly, it prorogues the Parliament from 5 pm on Friday, 15 April 2016, until 9.30 am on Monday, 18 April 2016 (Section 1). This means that all parliamentary activities are suspended during this period. Secondly, the proclamation appoints Monday, 18 April 2016, at 9.30 am as the day and time for the Parliament to reconvene (Section 2). Lastly, it summons all Senators and Members of the House of Representatives to meet at Parliament House at the appointed time (Section 3). Under this proclamation, the Parliament is effectively required to cease all legislative and other activities during the period of prorogation. Once the prorogation period concludes, the Parliament is obligated to reconvene at the specified time and date, with all Senators and Members of the House of Representatives attending. This ensures continuity and resumption of parliamentary duties. The proclamation itself does not detail specific offences, penalties, or consequences for non-compliance with the summons or the prorogation period. However, non-compliance with a summons to attend Parliament can lead to severe parliamentary consequences, including potential disciplinary actions by the respective houses of Parliament. Such actions might involve fines, censure, or even suspension or expulsion from the Parliament, depending on the severity and circumstances of the non-compliance. These internal parliamentary penalties are not explicitly outlined in the proclamation but are governed by the standing orders and rules of each house.