Chapter II of the Constitution of Australia establishes the executive branch of the Commonwealth of Australia. It provides for the exercise of executive power 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, 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 in the governor-general, as the representative of the Sovereign. In practice this role is limited to ceremonial duties, including attending military parades and services, and appointing the chiefs of the Defence Force, Army, Navy, and Air Force, 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