Chapter II Of The Constitution Of Australia
   HOME

TheInfoList



OR:

Chapter II of the Constitution of Australia establishes the
executive branch The executive branch is the part of government which executes or enforces the law. Function The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In ...
of the Commonwealth of Australia. It provides for the exercise of
executive power The executive branch is the part of government which executes or enforces the law. Function The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In ...
by the Governor-General of Australia advised by a Federal Executive Council.


Sections


Section 61: Executive power

Section 61 vests the executive power of the Commonwealth in the
monarch of Australia The monarchy of Australia is a key component of Australia's form of government, by which a hereditary monarch serves as the country's sovereign and head of state. It is a constitutional monarchy, modelled on the Westminster system of parli ...
, and makes this power exercisable by the governor-general on behalf of the monarch as their representative. In practice, the governor-general only exercises this power on the advice of the Federal Executive Council which he or she presides over.


Section 62: Federal Executive Council

Section 62 establishes the Federal Executive Council which advises the governor-general. In practice the governor-general is bound by convention to follow this advice, and although he or she is described as having the power to choose the members of the Federal Executive Council, generally all parliamentarians who are appointed a ministerial portfolio automatically become members and remain so for life.


Section 63: Provisions referring to Governor-General


Section 64: Ministers of State


Section 65: Numbers of Ministers


Section 66: Salaries of Ministers


Section 67: Appointment of civil servants


Section 68: Command of naval and military forces

Section 68 vests command of the
Australian Defence Force The Australian Defence Force (ADF) is the Armed forces, military organisation responsible for the defence of Australia and its national interests. It consists of three branches: the Royal Australian Navy (RAN), Australian Army and the Royal Aus ...
in the
governor-general Governor-general (plural governors-general), or governor general (plural governors general), is the title of an official, most prominently associated with the British Empire. In the context of the governors-general and former British colonies, ...
, as the representative of the
Sovereign ''Sovereign'' is a title that can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin">-4; we might wonder whether there's a point at which it's appropriate to ...
. In practice this role is limited to ceremonial duties, including attending military parades and services, and appointing the chiefs of the Defence Force,
Army An army, ground force or land force is an armed force that fights primarily on land. In the broadest sense, it is the land-based military branch, service branch or armed service of a nation or country. It may also include aviation assets by ...
,
Navy A navy, naval force, military maritime fleet, war navy, or maritime force is the military branch, branch of a nation's armed forces principally designated for naval warfare, naval and amphibious warfare; namely, lake-borne, riverine, littoral z ...
, and
Air Force An air force in the broadest sense is the national military branch that primarily conducts aerial warfare. More specifically, it is the branch of a nation's armed services that is responsible for aerial warfare as distinct from an army aviati ...
, which (along with all decisions made by the governor-general in his or her capacity as commander-in-chief) is done on the advice of the Federal Executive Council. Actual command of the armed forces is wielded by the Minister for Defence, who is responsible for defence policy, and the Chief of the Defence Force, who is responsible for the administration and operation of the military.


Section 69: Transfer of certain departments


Section 70: Certain powers of Governors to vest in Governor-General


References


External links


Commonwealth of Australia Constitution Act: Chapter II – The Executive Government
{{Constitution of Australia Australian constitutional law