Proclamation - Session of Parliament, 12 November 2013

Overview

The Constitution Proclamation 2013, issued under the authority of Governor-General Quentin Bryce AC CVO, was enacted to formally designate the day and time for the Parliament to convene its inaugural session following a federal election. This proclamation is a procedural instrument that serves to initiate the parliamentary process in the Commonwealth of Australia, in accordance with the requirements set out in section 5 of the Constitution. It was issued to ensure that the Parliament could legally assemble and begin its duties following the 2013 federal election, thereby addressing the procedural need to formally commence parliamentary operations. The proclamation was issued by the Governor-General on behalf of the Commonwealth Parliament, which is the legislative branch of the Australian government. The policy objective of this proclamation is to uphold the constitutional mandate that a session of Parliament must be held within three months after the return of the writs for the election of members of the House of Representatives, as stipulated in section 5 of the Constitution. By issuing this proclamation, the Governor-General ensures that the legislative branch of government is able to convene in a timely manner, thereby maintaining the continuity and functionality of the parliamentary system.

Scope and Application

The Constitution Proclamation C2013G01633 establishes the specific date and time for the inaugural session of the Australian Parliament following a federal election or the dissolution of the House of Representatives. This Act applies to the members of the Parliament, including all Senators and Members of the House of Representatives, setting the formal commencement of their parliamentary duties. The geographical reach of this Act is national, applying across the Commonwealth of Australia, thereby affecting the legislative process at the federal level. There are no stated exclusions, exemptions, or thresholds within the Proclamation itself. However, the application and operational details of parliamentary sessions and proceedings may be further defined or regulated by subordinate instruments or parliamentary rules and standing orders. These additional instruments ensure the smooth functioning of parliamentary activities and address specific procedural matters not covered in the Proclamation.

Key Provisions

The Constitution Proclamation, Gazetted as C2013G01633, is a formal document issued by the Governor-General of the Commonwealth of Australia under section 5 of the Constitution. This proclamation specifies the date and time for the Parliament to convene and meet, as well as summoning the Senators and Members of the House of Representatives to attend. Specifically, section 1 of the Proclamation (1) appoints Tuesday, 12 November 2013, at 10.30 am as the designated time for the Parliament to meet at Parliament House to hold a session. Section 2 of the Proclamation (2) directs the summoning of all Senators and Members of the House of Representatives to attend this session at the specified date, time, and location. The obligations imposed by this Proclamation are primarily administrative and procedural. The Governor-General, as the representative of the Crown, is tasked with issuing this formal summons to ensure that the Parliament can convene as required by the Constitution. This serves to maintain the continuity and functionality of the legislative process in Australia. The Proclamation also ensures that all members of Parliament are notified and prepared to attend the session, thereby facilitating the orderly conduct of parliamentary business. While the Proclamation itself does not explicitly outline offences, penalties, or consequences for breach, it is fundamental to the functioning of the Australian parliamentary system. Non-compliance with the summons to attend the parliamentary session could be seen as a dereliction of duty and may lead to procedural consequences within Parliament. However, the specific legal ramifications of such non-compliance are not detailed in the Proclamation but would likely be addressed under parliamentary rules and the broader legal framework governing parliamentary procedures. There are no maximum penalties explicitly stated in the Proclamation, as its primary purpose is to facilitate the procedural aspects of convening Parliament rather than to impose punitive measures.