7 John 1, chapter 29
An Act to Establish Provisions Regarding Executive Powers to Ministers and the Monarch and Purposes Connected Therewith
Terms
- This Act shall be known as the Ministers and Crown (Executive Powers) Act, 2024, Bill C7151.
Royal Prerogative and Executive Powers
- The monarch of Baustralia is beholden to certain powers called the Royal Prerogative.
- The ministers of the Government of Baustralia are beholden to certain powers called Executive Powers.
- The Royal Prerogative exercisable by the monarch alone includes-
- the power to appoint or dismiss a Prime Minister, subject to the advice of Parliament;
- the power to have a Government in their name and a cabinet that carries out certain duties and functions;
- the power to be the head of the armed forces;
- the power to appoint or dismiss a Secretary of State, any other junior, deputy or assistant minister relating thereto, and any other official of Government as may be required, by statute or by long-standing tradition, with the advice of the Prime Minister taken into consideration;
- the power to act as the fount of honour for all orders of chivalry and merit, decorations, medals and any other peerage, title, style, dignity or honour and the deprivation thereof, or any element for altering, amending or changing the aforesaid whatsoever;
- the power to grant heraldic achievements or to alter any insignia related to the nation or its jurisdictions;
- the power to appoint members of the Privy Council and to issue orders or proclamations thereof, in the name of the Crown or through the Privy Council;
- the power to dissolve and prorogue Parliament, or any power related thereto as permitted by statute;
- the power to assent or refuse assent to a bill when presented by Parliament;
- the power to suggest or command the reading of a bill in Parliament;
- the power to accept or decline the citizenship of a person to the nation; and
- the power to expel a person from the nation, when such a person presents a clear and present danger to the safety and security of the nation, with the advice of the Cabinet and Government;
- The Royal Prerogative exercisable by the monarch, with the advice and consent of Cabinet or the Government of Baustralia, includes-
- the power to approve the accreditation of foreign ambassadors, ministers or envoys for purposes of diplomacy, with relevant government ministry tasked with foreign affairs;
- the power to issue commissioned for the armed forces and bodies related thereto, with the relevant government ministry tasked with defence affairs;
- the power to grant unconditional mercies or pardons for crimes, with the relevant government ministry tasked with home affairs;
- the power to declare war or make peace, with the relevant government ministry tasked with defence affairs; and
- the power to approve treaties establishing diplomatic relations with other nations, with the relevant government ministry tasked with foreign affairs, excepting those treaties, conventions or codes that establish (1) military alliances with other nations; (2) economic ties with other nations; or (3) the joining of international organisations, which instead require an Act of Parliament.
- The Executive Powers of the Cabinet or Government includes-
- powers exercised by the Prime Minister;
- powers exercised by Secretaries of State and other junior, deputy or assistant minister; and
- powers exercised by certain agencies, bodies and organisations relegated to certain powers by statute on behalf of the monarch or the Cabinet and Government.
- The Executive powers of the Prime Minister include-
- managing the relationship between the Government and the Monarch;
- managing the relationship between the Government and the Opposition in Parliament;
- managing the relationship between the various jurisdictions or territories of the nation;
- arranging the Cabinet or members of Government to carry out duties assigned to them;
- supervising and managing the Civil Service;
- managing the relationship between the nation and other foreign nations;
- managing the interior policies, defence policies, economic policies and foreign policies of the nation;
- the appointment or dismissal of Secretaries of State and other junior, deputy or assistant minister, with the advice and consent of the monarch;
- the power to delegate or relegate certain powers and responsibilities to Secretaries of State and other junior, deputy or assistant minister, in order to carry out the functions of Government;
- the appointment or dismissal of senior and junior officials in the Civil Service; and
- the power to establish or abolish devolved or supportive bodies and agencies of government.
- The Executive Powers of the Secretaries of State and other junior, deputy or assistant ministers includes-
- the powers and responsibilities established by statute or by long-standing tradition;
- the powers and responsibilities delegated to them by the (1) Prime Minister or (2) the Cabinet and Government.
- any other power or responsibility that would be otherwise beholden to them in the course of their duties as permitted by statute.
- The Royal Prerogative is subject only to the discretion and alteration of Parliament, in concurrence with the Crown, with with no other body permitted to alter, amend or change any semblance of the Royal Prerogative.
- The Executive Powers are subject only to the discretion and alteration of Parliament, in concurrence with the Crown, with with no other body permitted to alter, amend or change any semblance of the Royal Prerogative.