Proclamation - Prorogue the Parliament and dissolve the House of Reps - 11 April 2019

Overview

The C2019G00344 Proclamation issued under section 5 of the Constitution by the Governor-General, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), on 11 April 2019, prorogues the Parliament and dissolves the House of Representatives. This legislative action was necessary to facilitate the process of federal elections, which were required under the Australian Constitution to occur at this time. The proclamation was issued at the command of the Prime Minister, the Honourable Scott Morrison, and signifies the formal steps taken to end the current parliamentary term and commence the electoral process for a new term. The policy objective, as implicitly conveyed by the action of dissolving the House of Representatives, is to ensure the continuity of democratic governance by providing a clear mechanism for the selection of a new Parliament through a general election.

Scope and Application

The proclamation under C2019G00344, signed by the Honourable Sir Peter Cosgrove, pertains to the dissolution of the Australian Parliament and the prorogation of its activities, marking a formal and constitutional step in the Australian political process. This proclamation applies to the national legislature of Australia, specifically the Parliament, and signifies the end of the current parliamentary term and the commencement of a new electoral cycle. The proclamation has a national reach, impacting the entire Commonwealth of Australia by dissolving the House of Representatives and halting parliamentary activities until the specified prorogation date. The scope of the Act is limited to the cessation of parliamentary functions and does not extend to any other entities, industries, or specific conduct or transactions outside of the legislative framework. There are no stated exclusions, exemptions, or thresholds within the text of this proclamation, as its application is universally directed towards the national legislative body. While the proclamation itself is definitive in its application, any further regulations or actions arising from this event may be governed by other legislative instruments or constitutional provisions.

Key Provisions

The proclamation, contained within the Gazette C2019G00344, outlines the formal action taken by General the Honourable Sir Peter Cosgrove AK MC (Ret’d), the Governor-General of the Commonwealth of Australia, on 11 April 2019. Under section 5 of the Australian Constitution, the Governor-General prorogued the Parliament from 8:29am on that date until 18 May 2019 and dissolved the House of Representatives at 8:30am on the same day (1). These actions effectively concluded the sitting of Parliament and initiated the formal process for the election of members to the House of Representatives. In terms of obligations and requirements, the proclamation itself does not impose specific duties on any parties or entities beyond what is already stipulated by the Constitution. However, it triggers a series of constitutional and legal processes that must be followed. These include the issuing of writs for an election, the conduct of the election in accordance with the Commonwealth Electoral Act 1918, and the subsequent reconvening of Parliament after the election results are declared. Regarding offences, penalties, or consequences, the proclamation itself does not specify any breaches or sanctions directly. However, the actions it mandates are critical to the functioning of the Australian political system. Any failure to properly conduct an election or to reconvene Parliament could lead to legal challenges and potential constitutional crises. The Commonwealth Electoral Act 1918 and other related legislation would outline specific offences and penalties for irregularities in the electoral process. For instance, the Electoral Act includes provisions for offences such as bribery and undue influence, with penalties that can include substantial fines and imprisonment. In conclusion, while the proclamation itself is a formal, non-contentious document, it sets into motion a series of legally mandated events that are governed by other statutes. The obligations it creates are primarily procedural, ensuring that the transition from one parliamentary session to another, and from one election to another, occurs in a lawful and constitutional manner. Any failure to comply with these legal requirements could lead to significant legal consequences, both for individuals and the integrity of the democratic process.