Compilation #12 | Effective 2023-11-29
FRBR Work URI: /akn/au/act/1952/1
This Act may be cited as the Ministers of State Act 1952.
This Act shall be deemed to have come into operation on .
The number of the Ministers of State must not exceed:
in the case of those designated, when appointed by the Governor-General, as Parliamentary Secretary—12; and
in the case of those not so designated—30.
Note: For the annual limit on the sum payable for the salaries of Ministers of State, see Parliamentary Business Resources Act 2017.section 55 of the
Choosing, summoning and swearing of an Executive Councillor
If the Governor-General has chosen, summoned and sworn an Executive Councillor as a member of the Federal Executive Council under section 62 of the Constitution, the Official Secretary to the Governor-General must by notifiable instrument:
notify that the Executive Councillor has been so chosen, summoned and sworn; and
specify:
the name of the Executive Councillor; and
(ii) the day (the swearing day) on which the Executive Councillor was so chosen, summoned and sworn.
The notifiable instrument under subsection (1):
must be made as soon as practicable after the swearing day; and
(b) may comprise a copy of the instrument (the section 62 instrument) made by the Governor-General notifying that the Governor-General has chosen, summoned and sworn the Executive Councillor as a member of the Federal Executive Council under section 62 of the Constitution.
The validity of a section 62 instrument is not affected by any failure to comply with subsections (1) and (2).
Revocation of Executive Councillor’s membership of the Federal Executive Council
If the Governor-General revokes an Executive Councillor’s membership of the Federal Executive Council, the Official Secretary to the Governor-General must by notifiable instrument:
notify that the Executive Councillor’s membership of the Federal Executive Council has been revoked by the Governor-General; and
specify:
the name of the former Executive Councillor; and
(ii) the day (the revocation day) on which the revocation occurred.
The notifiable instrument under subsection (4):
must be made as soon as practicable after the revocation day; and
(b) may comprise a copy of the instrument (the section 62 revocation instrument) made by the Governor-General revoking the Executive Councillor’s membership of the Federal Executive Council.
The validity of a section 62 revocation instrument is not affected by any failure to comply with subsections (4) and (5).
Appointment of an officer to administer a department of State of the Commonwealth
If the Governor-General appoints an officer to administer a department of State of the Commonwealth under section 64 of the Constitution, the Official Secretary to the Governor-General must by notifiable instrument:
notify that the officer has been so appointed by the Governor-General; and
specify:
the name of the officer; and
the name of the department of State of the Commonwealth; and
(iii) the day (the appointment day) on which the officer was so appointed.
The notifiable instrument under subsection (1):
must be made as soon as practicable after the appointment day; and
(b) may comprise a copy of the instrument (the section 64 instrument) made by the Governor-General appointing the officer to administer the department of State of the Commonwealth under section 64 of the Constitution.
The validity of a section 64 instrument is not affected by any failure to comply with subsections (1) and (2).
Revocation of appointment of an officer to administer a department of State of the Commonwealth
If the Governor-General revokes an appointment made under section 64 of the Constitution that an officer administer a department of State of the Commonwealth, the Official Secretary to the Governor-General must by notifiable instrument:
notify that the appointment of the officer has been revoked by the Governor-General; and
specify:
the name of the officer; and
the name of the department of State of the Commonwealth; and
(iii) the day (the revocation day) on which the revocation occurred.
The notifiable instrument under subsection (4):
must be made as soon as practicable after the revocation day; and
(b) may comprise a copy of the instrument (the section 64 revocation instrument) revoking the appointment of the officer to administer the department of State of the Commonwealth under section 64 of the Constitution.
The validity of a section 64 revocation instrument is not affected by any failure to comply with subsections (4) and (5).
Direction that a Minister of State holds an office
If the Governor-General directs that a Minister of State holds an office under section 65 of the Constitution, the Official Secretary to the Governor-General must by notifiable instrument:
notify that the Governor-General has directed that the Minister of State holds the office; and
specify:
the name of the Minister of State; and
the name of the office; and
(iii) the day (the direction day) on which the Governor-General so directed.
The notifiable instrument under subsection (1):
must be made as soon as practicable after the direction day; and
(b) may comprise a copy of the instrument (the section 65 instrument) made by the Governor-General directing that a Minister of State holds an office under section 65 of the Constitution.
The validity of a section 65 instrument is not affected by any failure to comply with subsections (1) and (2).
Revocation of direction that a Minister of State holds an office
If the Governor-General revokes a direction made under section 65 of the Constitution that a Minister of State holds an office, the Official Secretary to the Governor-General must by notifiable instrument:
notify that the direction that the Minister of State holds the office has been revoked by the Governor-General; and
specify:
the name of the Minister of State; and
the name of the former office; and
(iii) the day (the revocation day) on which the revocation occurred.
The notifiable instrument under subsection (4):
must be made as soon as practicable after the revocation day; and
(b) may comprise a copy of the instrument (the section 65 revocation instrument) made by the Governor-General revoking the direction that the Minister of State holds an office under section 65 of the Constitution.
The validity of a section 65 revocation instrument is not affected by any failure to comply with subsections (4) and (5).
The Governor-General may make regulations prescribing matters:
required or permitted by this Act to be prescribed; or
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history