SOLICITOR-GENERAL.
No. 28 of 1916.
An Act relating to the Solicitor-General.
[Assented to 30th September, 1916.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Solicitor-General Act 1916 and shall be deemed to have commenced on the first day of September, One thousand nine hundred and sixteen.
Office of Solicitor-General.
2.—(1.) The Governor-General may appoint a person to be the Solicitor-General of the Commonwealth; and in case of the illness or absence of the Solicitor-General the Governor-General may appoint a person to act as Solicitor-General during such illness or absence.
(2.) The Solicitor-General shall have such duties and functions as are prescribed by or under any Act, or as are delegated to him by the Attorney-General in pursuance of this Act.
Delegation of powers by the Attorney-General.
3.—(1.) The Attorney-General may by writing under his hand delegate any of his powers or functions under any Act (except this power of delegation) so that the delegated powers may be exercised by the Solicitor-General as fully and effectually as by the Attorney-General.
(2.) Every delegation under this section shall be revocable in writing at will; and no delegation shall prevent the exercise of any power by the Attorney-General.
(3.) Every delegation under this section and every instrument revoking any such delegation shall be notified in the Gazette.
Overview
The Solicitor-General Act 1916 was enacted to establish the office of the Solicitor-General of the Commonwealth and to outline the powers and responsibilities associated with this role. This Act was assented to on 30th September 1916 and came into effect on 1st September 1916. The primary purpose of this legislation was to provide a framework for the appointment and functioning of the Solicitor-General, thereby ensuring that the Commonwealth had a legal advisor with clearly defined duties and the capacity to act on behalf of the Attorney-General. Enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act specifies that the Governor-General has the authority to appoint the Solicitor-General and, in the event of the Solicitor-General's incapacity or absence, to appoint an acting Solicitor-General. Additionally, the Attorney-General has the ability to delegate certain powers and functions to the Solicitor-General, thereby facilitating efficient legal advice and representation for the Commonwealth government.
Scope and Application
The Solicitor-General Act 1916 applies to the appointment and duties of the Solicitor-General of the Commonwealth, a key officer within the Australian government. The Act permits the Governor-General to appoint an individual to the position of Solicitor-General, and to appoint an acting Solicitor-General in the event of the incumbent's illness or absence. The Act further outlines that the Solicitor-General's duties and functions are either prescribed by other Acts, under any Act, or delegated by the Attorney-General. Additionally, the Act allows the Attorney-General to delegate certain powers or functions to the Solicitor-General, although such delegations are revocable and do not impede the Attorney-General's exercise of power. The Act's provisions apply on a national level, as it is a Commonwealth Act. The Act does not explicitly state any exclusions, exemptions, or thresholds, and it does not extend or restrict its application through subordinate instruments.
Key Provisions
The main operative sections of the Solicitor-General Act 1916 provide for the establishment and operation of the office of the Solicitor-General of the Commonwealth. Section 2 states that the Governor-General may appoint a person to be the Solicitor-General, and in the case of their illness or absence, may appoint someone to act in that capacity. The Solicitor-General's duties and functions are determined by any Act or delegated by the Attorney-General in accordance with this Act. Section 3 allows the Attorney-General to delegate any of their powers or functions to the Solicitor-General, except for the power of delegation itself. These delegations are revocable at any time and must be notified in the Gazette.
The Act imposes several obligations and requirements on the parties it governs. The Governor-General must appoint a person to the position of Solicitor-General and, if necessary, appoint an acting Solicitor-General during periods of illness or absence. The Attorney-General must delegate powers and functions to the Solicitor-General in accordance with the Act, ensuring that these delegations are revocable and properly notified. Additionally, the Solicitor-General must exercise the delegated powers and functions as fully and effectively as the Attorney-General would.
Breaches of the provisions outlined in the Act may result in various civil and criminal consequences. While the Act does not specify detailed penalties for non-compliance, the general legal framework of Australia would apply. For instance, failure to properly delegate powers or notify changes in the Gazette could lead to legal challenges regarding the validity of certain actions taken by the Solicitor-General. In criminal law, if the non-compliance involves elements of fraud or deceit, it could potentially lead to charges under the Commonwealth criminal code. Civil penalties could include injunctions or fines, depending on the nature and impact of the breach.