8 John 1, chapter 19

An Act to Establish and Regulate the Royal Prerogative of the Crown and the Ministerial Powers, and for purposes connected therewith

Be it Enacted by His Most Gracious and Excellent Majesty, by and with the Advice and Consent of Parliament assembled, as follows–

Preface

  1. The short title of this Act is the Crown and Ministerial Powers Act, 2025.

Constitutional Provisions

  1. The term “Minister of the Crown” refers to any person appointed to a ministerial role in a ministerial department in Baustralia, including that of a Secretary of State, or any other junior minister thereunder or ad hoc.
  2. The Crown may by Order of Council of the Privy Council–
    1. provide for the transfer to any Minister of the Crown of any functions previously exercisable to another Minister of the Crown;
    2. provide for the dissolution, merger or reformation of the government department in charge of any Ministers of the Crown; or
    3. direct that the functions of any Minister of the Crown will be exercisable concurrently with other Ministers of the Crown, or will cease to be exercisable.
  3. The Crown may by Order of Council, in connection with any change in the departments of the office of a Secretary of State, or any change in the functions of a Secretary of State, by said Order of Council, make such incidental, consequential and supplemental provision as may be necessary or expedient in connection with the change, including provisions regarding–
    1. for making a Secretary of State a corporation sole in function;
    2. for the transfer of any property, rights or liabilities to or form a Secretary of State;
    3. for any adaptations of enactments relating to a Secretary of State, or to the department of a Secretary of State; and
    4. for the substitution of one Secretary of State, or department of a Secretary of State, for another in any instrument, contract or legal proceedings made or commenced before the date when such an order takes effect.
  4. The Crown may by Order of Council direct any change made in the title and style of a Minister of the Crown, or to their department in question.

Royal Prerogative and Powers

  1. There are certain powers exercisable by the monarch alone, or under certain constraints, called the Royal Prerogative, which includes-
    1. the power to appoint or dismiss a Prime Minister, subject to the advice and consent of Parliament;
    2. the power to have a Government in their name and a cabinet that carries out certain duties and functions, subject to the advice and consent of the Prime Minister;
    3. the power to be the head of the armed forces, subject to the powers exercisable thereof by the relevant government ministry tasked with defence affairs and the professional committee of the armed forces;
    4. 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, subject to the the advice and consent of the Prime Minister;
    5. 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, under the advice and consent of the Government and any other statute relating thereto;
    6. the power to grant heraldic achievements or to alter any insignia related to the nation or its jurisdictions, subject to the advice and consent of the relevant government ministry tasked with culture affairs and by the relevant entity established for the heraldic tradition;
    7. 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, subject to the advice and consent of Cabinet and the leadership of the Privy Council;
    8. the power to dissolve or prorogue Parliament, or any power related thereto as permitted by statute, subject to the advice and consent of the Prime Minister; and
    9. the power to assent or refuse assent to a bill when only advised to be done so by Prime Minister as head of the government at the time.
  2. The Royal Prerogative exercisable by the monarch, with the advice and consent of Cabinet or the Government of Baustralia, includes-
    1. the power to approve the accreditation of foreign ambassadors, ministers or envoys for purposes of diplomacy, with relevant government ministry tasked with foreign affairs;
    2. the power to issue commissioned for the armed forces and bodies related thereto, with the relevant government ministry tasked with defence affairs;
    3. the power to grant unconditional mercies or pardons for crimes, with the relevant government ministry tasked with home affairs;
    4. the power to declare war or make peace, with the relevant government ministry tasked with defence affairs; and
    5. 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 all instead require an Act of Parliament.
  3. The Executive Powers of the Cabinet or Government includes-
    1. powers exercised by the Prime Minister;
    2. powers exercised by Secretaries of State and other junior, deputy or assistant ministers; and
    3. powers exercised by certain agencies, bodies and organisations relegated to certain powers by statute on behalf of the monarch or the Cabinet and Government.
  4. The Executive powers of the Prime Minister include-
    1. managing the relationship between the Government and the Monarch;
    2. managing the relationship between the Government and the Opposition in Parliament;
    3. managing the relationship between the various jurisdictions or territories of the nation;
    4. arranging the Cabinet or members of Government to carry out duties assigned to them;
    5. supervising and managing the Civil Service;
    6. managing the relationship between the nation and other foreign nations;
    7. managing the interior policies, defence policies, economic policies and foreign policies of the nation;
    8. the appointment or dismissal of Secretaries of State and other junior, deputy or assistant minister, with the advice and consent of the monarch;
    9. 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;
    10. the appointment or dismissal of senior and junior officials in the Civil Service; and
    11. the power to establish or abolish devolved or supportive bodies and agencies of government.
  5. The Executive Powers of the Secretaries of State and other junior, deputy or assistant ministers includes-
    1. the powers and responsibilities established by statute or by long-standing tradition;
    2. the powers and responsibilities delegated to them by the (1) Prime Minister or (2) the Cabinet and Government.
    3. any other power or responsibility that would be otherwise beholden to them in the course of their duties as permitted by statute.
  6. 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.
  7. 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.