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64 Ministers of State |
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Current Constitution |
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The Governor-General may appoint officers to administer such departments of State of the Commonwealth as the Governor-General in Council may establish.
Such officers shall hold office during the pleasure of the Governor-General. They shall be members of the Federal Executive Council, and shall be the Queen’s Ministers of State for the Commonwealth.
Ministers to sit in Parliament
After the first general election no Minister of State shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives.
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Proposed Constitution |
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[Deleted. Sections 62 to 64 will be replaced by ss.64A and 65A:
64A How Governments are formed
The Prime Minister and Deputy Prime Minister shall be appointed and removed by resolutions passed by the House of Representatives in accordance with section 40, provided that if a vacancy arises when the House is not in session, a member may be appointed by the Governor-General if an absolute majority of the House of Representatives requests in writing the member’s immediate appointment.
Ministers of State shall be appointed and removed, and may be suspended, by the Prime Minister, subject to any resolution of the House of Representatives.
65A Management of executive power
The Prime Minister may:
(i) Convene a Cabinet of Ministers to make collective decisions on behalf of the Government, and appoint some or all Ministers of State to Cabinet and remove Ministers from Cabinet;
(ii) Determine the order of seniority of Ministers of State, commencing with the Deputy Prime Minister as the most senior Minister after the Prime Minister;
(iii) Subject to any law, delegate the exercise of some or all executive power to the Ministers of State and may withdraw such delegation of power; and
(iv) Subject to any law, appoint or remove all other officers of the Government.]
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All Changes Displayed |
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The Governor-General may appoint officers to administer such departments of State of the Commonwealth as the Governor-General in Council may establish.
Such officers shall hold office during the pleasure of the Governor-General. They shall be members of the Federal Executive Council, and shall be the Queen’s Ministers of State for the Commonwealth.
Ministers to sit in Parliament
After the first general election no Minister of State shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives.
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Drafting Notes |
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64.1 This section will be deleted because:
▸ Under the Advancing Democracy model, Ministers will be appointed by the Prime Minister, not the Governor-General, and the latter will have no role in determining which Departments of State will be established; and
▸ The section contains references to the Executive Council and Queen which will be redundant.
64.2 Section 64 will be replaced with:
▸ Section 64A, which will provide for the Prime Minister and Deputy to be appointed in accordance with the majority vote in the House of Representatives, and for Ministers to be appointed by the Prime Minister, subject to any resolution by the House; and
▸ Section 67A, which will deals with the requirement for the Prime Minister and Deputy to be a member of the House of Representatives and for Ministers to be members of Parliament. |
Current Constitution |
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The Governor-General may appoint officers to administer such departments of State of the Commonwealth as the Governor-General in Council may establish.
Such officers shall hold office during the pleasure of the Governor-General. They shall be members of the Federal Executive Council, and shall be the Queen’s Ministers of State for the Commonwealth.
Ministers to sit in Parliament
After the first general election no Minister of State shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives.
< Previous section Next section > |
Proposed Constitution |
|
[Deleted. Sections 62 to 64 will be replaced by ss.64A and 65A:
64A How Governments are formed
The Prime Minister and Deputy Prime Minister shall be appointed and removed by resolutions passed by the House of Representatives in accordance with section 40, provided that if a vacancy arises when the House is not in session, a member may be appointed by the Governor-General if an absolute majority of the House of Representatives requests in writing the member’s immediate appointment.
Ministers of State shall be appointed and removed, and may be suspended, by the Prime Minister, subject to any resolution of the House of Representatives.
65A Management of executive power
The Prime Minister may:
(i) Convene a Cabinet of Ministers to make collective decisions on behalf of the Government, and appoint some or all Ministers of State to Cabinet and remove Ministers from Cabinet;
(ii) Determine the order of seniority of Ministers of State, commencing with the Deputy Prime Minister as the most senior Minister after the Prime Minister;
(iii) Subject to any law, delegate the exercise of some or all executive power to the Ministers of State and may withdraw such delegation of power; and
(iv) Subject to any law, appoint or remove all other officers of the Government.]
< Previous section Next section > |
All Changes Displayed |
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The Governor-General may appoint officers to administer such departments of State of the Commonwealth as the Governor-General in Council may establish.
Such officers shall hold office during the pleasure of the Governor-General. They shall be members of the Federal Executive Council, and shall be the Queen’s Ministers of State for the Commonwealth.
Ministers to sit in Parliament
After the first general election no Minister of State shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives.
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Drafting Notes |
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64.1 This section will be deleted because:
▸ Under the Advancing Democracy model, Ministers will be appointed by the Prime Minister, not the Governor-General, and the latter will have no role in determining which Departments of State will be established; and
▸ The section contains references to the Executive Council and Queen which will be redundant.
64.2 Section 64 will be replaced with:
▸ Section 64A, which will provide for the Prime Minister and Deputy to be appointed in accordance with the majority vote in the House of Representatives, and for Ministers to be appointed by the Prime Minister, subject to any resolution by the House; and
▸ Section 67A, which will deals with the requirement for the Prime Minister and Deputy to be a member of the House of Representatives and for Ministers to be members of Parliament. |
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