Where the Governor is bound by law or established constitutional convention to act in accordance with advice—
(a) the Executive Council shall advise the Governor on the occasions when the Governor is permitted or required by any statute or other instrument to act in Council; and
(b) the Premier (or, in the absence of the Premier, the Acting Premier) shall tender advice to the Governor in relation to the exercise of the other powers and functions of Governor.
Constitution Act s. XXXVII.