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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Ministers of State Amendment Bill 2022
No. , 2022
(Finance)
A Bill for an Act to amend the Ministers of State Act
1952, and for related purposes
No. , 2022
Ministers of State Amendment Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Ministers of State Act 1952
3
No. , 2022
Ministers of State Amendment Bill 2022
1
A Bill for an Act to amend the Ministers of State Act
1
1952, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Ministers of State Amendment Act 2022
.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Ministers of State Amendment Bill 2022
No. , 2022
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2022
Ministers of State Amendment Bill 2022
3
Schedule 1--Amendments
1
2
Ministers of State Act 1952
3
1 Title
4
Repeal the title, substitute:
5
An Act to provide for matters relating to Ministers
6
of State and Executive Councillors, and for related
7
purposes
8
2 After section 4
9
Insert:
10
5 Notification of certain matters relating to Executive Councillors
11
Choosing, summoning and swearing of an Executive Councillor
12
(1) If the Governor-General has chosen, summoned and sworn an
13
Executive Councillor as a member of the Federal Executive
14
Council under section 62 of the Constitution, the Official Secretary
15
to the Governor-General must by notifiable instrument:
16
(a) notify that the Executive Councillor has been so chosen,
17
summoned and sworn; and
18
(b) specify:
19
(i) the name of the Executive Councillor; and
20
(ii) the day (the
swearing day
) on which the Executive
21
Councillor was so chosen, summoned and sworn.
22
(2) The notifiable instrument under subsection (1):
23
(a) must be made as soon as practicable after the swearing day;
24
and
25
(b) may comprise a copy of the instrument (the
section 62
26
instrument
) made by the Governor-General notifying that the
27
Governor-General has chosen, summoned and sworn the
28
Executive Councillor as a member of the Federal Executive
29
Council under section 62 of the Constitution.
30
Schedule 1
Amendments
4
Ministers of State Amendment Bill 2022
No. , 2022
(3) The validity of a section 62 instrument is not affected by any
1
failure to comply with subsections (1) and (2).
2
Revocation of Executive Councillor's membership of the Federal
3
Executive Council
4
(4) If the Governor-General revokes an Executive Councillor's
5
membership of the Federal Executive Council, the Official
6
Secretary to the Governor-General must by notifiable instrument:
7
(a) notify that the Executive Councillor's membership of the
8
Federal Executive Council has been revoked by the
9
Governor-General; and
10
(b) specify:
11
(i) the name of the former Executive Councillor; and
12
(ii) the day (the
revocation day
) on which the revocation
13
occurred.
14
(5) The notifiable instrument under subsection (4):
15
(a) must be made as soon as practicable after the revocation day;
16
and
17
(b) may comprise a copy of the instrument (the
section 62
18
revocation instrument
) made by the Governor-General
19
revoking the Executive Councillor's membership of the
20
Federal Executive Council.
21
(6) The validity of a section 62 revocation instrument is not affected
22
by any failure to comply with subsections (4) and (5).
23
6 Notification of appointment of officer to administer a department
24
of State of the Commonwealth etc.
25
Appointment of an officer to administer a department of State of
26
the Commonwealth
27
(1) If the Governor-General appoints an officer to administer a
28
department of State of the Commonwealth under section 64 of the
29
Constitution, the Official Secretary to the Governor-General must
30
by notifiable instrument:
31
(a) notify that the officer has been so appointed by the
32
Governor-General; and
33
Amendments
Schedule 1
No. , 2022
Ministers of State Amendment Bill 2022
5
(b) specify:
1
(i) the name of the officer; and
2
(ii) the name of the department of State of the
3
Commonwealth; and
4
(iii) the day (the
appointment day
) on which the officer was
5
so appointed.
6
(2) The notifiable instrument under subsection (1):
7
(a) must be made as soon as practicable after the appointment
8
day; and
9
(b) may comprise a copy of the instrument (the
section 64
10
instrument
) made by the Governor-General appointing the
11
officer to administer the department of State of the
12
Commonwealth under section 64 of the Constitution.
13
(3) The validity of a section 64 instrument is not affected by any
14
failure to comply with subsections (1) and (2).
15
Revocation of appointment of an officer to administer a department
16
of State of the Commonwealth
17
(4) If the Governor-General revokes an appointment made under
18
section 64 of the Constitution that an officer administer a
19
department of State of the Commonwealth, the Official Secretary
20
to the Governor-General must by notifiable instrument:
21
(a) notify that the appointment of the officer has been revoked
22
by the Governor-General; and
23
(b) specify:
24
(i) the name of the officer; and
25
(ii) the name of the department of State of the
26
Commonwealth; and
27
(iii) the day (the
revocation day
) on which the revocation
28
occurred.
29
(5) The notifiable instrument under subsection (4):
30
(a) must be made as soon as practicable after the revocation day;
31
and
32
(b) may comprise a copy of the instrument (the
section 64
33
revocation instrument
) revoking the appointment of the
34
Schedule 1
Amendments
6
Ministers of State Amendment Bill 2022
No. , 2022
officer to administer the department of State of the
1
Commonwealth under section 64 of the Constitution.
2
(6) The validity of a section 64 revocation instrument is not affected
3
by any failure to comply with subsections (4) and (5).
4
6A Notification of direction that Minister of State holds an office etc.
5
Direction that a Minister of State holds an office
6
(1) If the Governor-General directs that a Minister of State holds an
7
office under section 65 of the Constitution, the Official Secretary
8
to the Governor-General must by notifiable instrument:
9
(a) notify that the Governor-General has directed that the
10
Minister of State holds the office; and
11
(b) specify:
12
(i) the name of the Minister of State; and
13
(ii) the name of the office; and
14
(iii) the day (the
direction day
) on which the
15
Governor-General so directed.
16
(2) The notifiable instrument under subsection (1):
17
(a) must be made as soon as practicable after the direction day;
18
and
19
(b) may comprise a copy of the instrument (the
section 65
20
instrument
) made by the Governor-General directing that a
21
Minister of State holds an office under section 65 of the
22
Constitution.
23
(3) The validity of a section 65 instrument is not affected by any
24
failure to comply with subsections (1) and (2).
25
Revocation of direction that a Minister of State holds an office
26
(4) If the Governor-General revokes a direction made under section 65
27
of the Constitution that a Minister of State holds an office, the
28
Official Secretary to the Governor-General must by notifiable
29
instrument:
30
(a) notify that the direction that the Minister of State holds the
31
office has been revoked by the Governor-General; and
32
(b) specify:
33
Amendments
Schedule 1
No. , 2022
Ministers of State Amendment Bill 2022
7
(i) the name of the Minister of State; and
1
(ii) the name of the former office; and
2
(iii) the day (the
revocation day
) on which the revocation
3
occurred.
4
(5) The notifiable instrument under subsection (4):
5
(a) must be made as soon as practicable after the revocation day;
6
and
7
(b) may comprise a copy of the instrument (the
section 65
8
revocation instrument
) made by the Governor-General
9
revoking the direction that the Minister of State holds an
10
office under section 65 of the Constitution.
11
(6) The validity of a section 65 revocation instrument is not affected
12
by any failure to comply with subsections (4) and (5).
13
3 Application provision
14
Sections 5, 6 and 6A of the
Ministers of State Act 1952
, as inserted by
15
this Schedule, apply in relation to an exercise of power by the
16
Governor-General that occurs after the commencement of this item.
17