§ 59. “Salary … in Respect of any other Office.”

At the Adelaide session of the Convention, a section was inserted in Chapter III. providing that no person holding any judicial office should be appointed to or be capable of holding the office of Governor-General, Lieutenant-Governor, Chief Executive Officer, or Administrator of the Government. (Adel. Bill, sec. 80; Conv. Deb. Adel. pp. 1174-6) At the Melbourne session, this section was eliminated on the ground that it contained an undue limitation of the prerogative of the Crown, and that it might prejudically restrict the choice of the Crown in the appointment of an Administrator of the Government for the time being. The Queen has now, therefore, unfettered discretion in the selection and appointment of an Administrator of the Federal Government; he may be an Imperial officer; he may be an officer of the Commonwealth, such as President of the Senate or a Judge of the High Court; he may be a Governor of a State or other State officer; or he may not occupy any official position whatever at the time of his appointment. No qualification or disqualification for the office is prescribed, the Queen's choice, in conformity with the advice of her Imperial Ministers, being considered a sufficient guarantee for the appointment of a suitable and acceptable Federal Administrator, as well as for that of Governor-General himself. No mention is made in this section of the salary to be paid to the Administrator for his services in that capacity. It may be assumed that he will be paid out of the £10,000 per year payable to the Queen out of the consolidated fund of the Commonwealth for the maintenance of the Governor-Generalship, and that the amount will be apportioned in some manner satisfactory to the Imperial Government. There is, however, a distinct provision that no person acting as Administrator shall be entitled to receive any salary from the Commonwealth in respect of any other office during his administration of the Government of the Commonwealth. This inhibition will prevent a Federal Judge, should he be appointed Administrator, or the President of the Senate, should he be so appointed, from receiving the salary annexed to those respective offices during his administration of the Government. But should the Governor of a State or other State officer be so appointed, it will be competent for him to receive the salary of his State office as well as the salary for the Federal office.

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Sessions of Parliament. Prorogation and dissolution. Summoning Parliament. First Session.

5. The Governor-General may appoint such times60 for holding the sessions of the Parliament61 as he thinks fit, and may also from time to time, by Proclamation or otherwise, prorogue62 the Parliament, and may in like manner dissolve63 the House of Representatives.

After any general election the Parliament shall be summoned64 to meet not later than thirty days after the day appointed for the return of the writs65.

The Parliament shall be summoned to meet not later than six months after the establishment of the Commonwealth.

UNITED STATES.—The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. —Const., Art. I., sec. 4, subs. 2. CANADA.—The Parliament of Canada shall be called together not later than six months after the union.—B.N.A. Act, 1867, sec. 19.

HISTORICAL NOTE.—In the Commonwealth Bill of 1891, the first and third paragraphs of this section were contained, in almost identical words, in Clause 6 of Chap. I.; whilst the substance of the second paragraph was added to clause 42 in Committee, on the motion of Sir John Bray. (Conv. Deb., Syd. [1891], pp. 585, 643-62.)

At the Adelaide session, the same provisions were introduced almost verbatim. (Conv. Deb., Adel., p. 635.) At the Sydney session, the question of dissolving the Senate was raised, and the clause was postponed till the deadlock question had been settled. (Conv. Deb., Syd. [1897], pp. 254-6, 987.)

At the Melbourne session, drafting amendments were made before the first report and after the fourth report; the second paragraph being brought up from the “Duration of House of Representatives” clause (sec. 28).