Australian Constitution

Australian Constitution – Chapter 2

The Executive Government

Sections 61-70

Section 61 – Executive power

The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen’s representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.

Section 62 – Federal Executive Council

There shall be a Federal Executive Council to advise the Governor-General in the government of the Commonwealth, and the members of the Council shall be chosen and summoned by the Governor-General and sworn as Executive Councillors, and shall hold office during his pleasure.

Section 63 – Provisions referring to Governor-General

The provisions of this Constitution referring to the Governor-General in Council shall be construed as referring to the Governor-General acting with the advice of the Federal Executive Council.

Section 64 – Ministers of State & Ministers to sit in Parliament

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 he 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.

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.

Section 65 – Number of ministers

Until the Parliament otherwise provides, the Ministers of the 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.

Section 66 – Salaries of Ministers

There shall be payable to the Queen, out of the Consolidated Revenue Fund of the Commonwealth, for the salaries of the Ministers of State, an annual sum which, until the Parliament otherwise provides, shall not exceed twelve thousand pounds a year.

Section 67 – Appointment of civil servants

Until the Parliament otherwise provides, the appointment and removal of all other officers of the Executive Government of the Commonwealth shall be vested in the Governor-General in Council, unless the appointment is delegated by the Governor-General in Council or by a law of the Commonwealth to some other authority.

Section 68 – Command of naval and military forces

The command in chief of the naval and military forces of the Commonwealth is vested in the Governor-General as the Queen’s representative.

Section 69 – Transfer of certain departments

On a date or dates to be proclaimed by the Governor-General after the establishment of the Commonwealth the following departments of the public service in each State shall become transferred to the Commonwealth:-

Posts, telegraphs, and telephones:

Naval and military defence:

Lighthouses, lightships, beacons, and buoys:

Quarantine.

But the departments of customs and of excise in each State shall become transferred to the Commonwealth on its establishment.

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

In respect of matters which, under this Constitution, pass to the Executive Government of the Commonwealth, all powers and functions which at the establishment of the Commonwealth are vested in the Governor of a Colony, or in the Governor of a Colony with the advice of his Executive Council, or in any authority of a Colony, shall vest in the Governor-General, or in the Governor-General in Council, or in the authority exercising similar powers under the Commonwealth, as the case requires.

Kimball Thurlow

Hi Dena,
Convention is that which happened in the past, that is also useful and can be applied in the present. Politically therefore, it does not need to be defined, just applied as necessary. Conventions can become forgotten, defunct, or enlivened. In relation to a Republic, the monarchical system remains because most people in Australia either benignly, or otherwise, accept it. By illustration, the people of the United States formed a republican government, only when circumstances forced many citizens to demand a change in the political landscape. (They were, until 1776, an English colony under control of the British monarchy). So the British monarchy will remain the pivot of government here, until some necessity of circumstance forces many citizens of Australia to demand otherwise. That demand, if it is widespread, will be heard by the Parliament of Australia, and acted on through parliamentary process. The numbers of houses in State parliaments has been decided by the assent of the parliamentarians of the time, and was never ordered, or made obligatory, by the monarchy.
Dena Chambers

Hi – I found it very difficult to understand the concepts of conventions – okay conventions are unwritten rules which are supposed to be followed by the Ministers in government. I found it difficult to understand all the different texts which purport the issue of conventions – as far as I am concerned they are not clear in what they are saying. They make it difficult to understand what really these rules are and that is by most authors. Also the characteristics of constitutional conventions in the Westminster system of government. I thought that conventions are unwritten rules and yet the way the characteristics are presented it has to do with politicians in government. A lot quote different authors of what they say and then try to come to terms with their meaning and there are only a couple of them that sort of stand out – very annoying for me as I really found it difficult to comprehend what they are really saying. So I am wondering now as to whether Australia will ever become a republic in years to come. I also find it difficult as to the Governor General’s position, why do we need a GGeneral? Just for ceremonies? what a waste of tax payers money especially with State Governors as well. And why do we need the Queen’s assent or stamp from the Governor General. So I would say no matter what legislation was passed to separate Australia from the UK – the sovereign’s power is still hanging on. Why is it also that Queensland and one of the territories can have only a House of Reps and the other states including the Commonwealth have both houses? When is it that Australia won’t have to rely to the Queen’s prerogative? Please help me to comprehend Australia’s position as well as the characteristics of conventions.