Until the Parliament otherwise provides, the Ministers of State shall not exceed seven in number, and shall hold such offices as the Parliament prescribes, or, in the absence of provision, as the Governor-General directs.
Until the Parliament otherwise provides, the Ministers of State shall not exceed seven in number, and shall hold such offices as the Parliament prescribes, or, in the absence of provision, as the Governor-General directs.
Drafting Notes
65.1 This section will be removed because:
▸ It was only ever a transitional section, setting the number of Federal Ministers at seven until “Parliament otherwise provides”; and
▸ It contains a redundant reference to the Governor-General having power to determine the number, which is inconsistent with the Advancing Democracy model.
There is no need for a new section to replace s.65. Its abolition removes the need for a law to set the number of Ministers, but Parliament will retain power to set a number if it wishes. The source of the legislative power will be s.51(xxxix) and proposed s.62A(iii).
Current Constitution
Until the Parliament otherwise provides, the Ministers of State shall not exceed seven in number, and shall hold such offices as the Parliament prescribes, or, in the absence of provision, as the Governor-General directs.
Until the Parliament otherwise provides, the Ministers of State shall not exceed seven in number, and shall hold such offices as the Parliament prescribes, or, in the absence of provision, as the Governor-General directs.
Drafting Notes
65.1 This section will be removed because:
▸ It was only ever a transitional section, setting the number of Federal Ministers at seven until “Parliament otherwise provides”; and
▸ It contains a redundant reference to the Governor-General having power to determine the number, which is inconsistent with the Advancing Democracy model.
There is no need for a new section to replace s.65. Its abolition removes the need for a law to set the number of Ministers, but Parliament will retain power to set a number if it wishes. The source of the legislative power will be s.51(xxxix) and proposed s.62A(iii).
