Chapter II of the Constitution of Australia establishes the
executive branch of the
Government of Australia.
It provides for the exercise of
executive power
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state.
In political systems b ...
by the
Governor-General 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 Australia's form of government embodied by the Australian sovereign and head of state. The Australian monarchy is a constitutional monarchy, modelled on the Westminster system of parliamentary government, while in ...
, and establishes the Governor-General as being able to exercise this power 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 in the
Governor-General.
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 (from Old French ''armee'', itself derived from the Latin verb ''armāre'', meaning "to arm", and related to the Latin noun ''arma'', meaning "arms" or "weapons"), ground force or land force is a fighting force that fights primarily on ...
,
Navy
A navy, naval force, or maritime force is the branch of a nation's armed forces principally designated for naval and amphibious warfare; namely, lake-borne, riverine, littoral, or ocean-borne combat operations and related functions. It in ...
, 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 ...
, 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