§ 279. “Ministers to sit in Parliament.”
The appointment of a Federal Ministry will necessarily precede the election of the first Federal Parliament. There must be a Ministry to assist and advise the Governor-General in the performance of Executive Acts essential for the conduct of the first general election. The first Federal Ministry cannot at their appointment be members of the Federal Parliament, because at the time of their appointment there is no such Parliament in existence. After the first general election, however, no Federal Minister is permitted to hold office for a longer period than three months, unless he is or becomes a senator or a member of the House of Representatives.
Section 32 of the Constitution Act of South Australia (4th January, 1856) contained a similar provision, viz., that after the first general election of the South Australian Parliament, no person should hold the offices of Chief Secretary, Attorney-General, Treasurer, Commissioner of Crown Lands and Immigration, or Commissioner of Public Works, for more than three calendar months, unless he should be a member of the Legislative Council or House of Assembly. The Constitution Act of Victoria (consolidated 10th July, 1890), sec. 13, provides that there may be ten Responsible Ministers of the Crown, of whom not less than four shall be members of the Legislative Council or Legislative Assembly, and not more than eight shall be members of the Assembly. The Constitution Act of Western Australia contains somewhat similar provisions.
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Number of Ministers.
65. Until the Parliament otherwise provides, the Ministers of State shall not exceed seven in number, and shall hold such offices as the Parliament prescribes, or, in the absence of provision, as the Governor-General directs.
HISTORICAL NOTE.—In the Bill of 1891, and in the Adelaide draft of 1897, this clause occurred with merely verbal variations. (Conv. Deb., Adel., —. 916.)
At the Sydney session, in 1897, an amendment of the Legislative Council of Victoria, that two Ministers at least should be senators, was negatived on division by 19 votes to 13. (For a similar proposal in 1891, see Historical Note, sec. 64.) Mr. Dobson then moved that if there were five Ministers, one should be a senator, and if there were seven, two should be senators. This was negatived by 20 votes to 12. (Conv. Deb., Syd., 1897, pp. 799–806.)
At Melbourne, drafting amendments were made before the first report, and after the fourth report.
Salaries of Ministers.
66. There shall be payable to the Queen, out of the Consolidated Revenue Fund of the Commonwealth, for the salaries of the Ministers of State, an annual sum which, until the Parliament otherwise provides, shall not exceed twelve thousand pounds a year.
HISTORICAL NOTE.—As originally drafted in 1891, the clause ran:—“There shall be payable to the Queen, out of the Consolidated Revenue Fund of the Commonwealth, for salaries of such officers, a sum not less than fifteen thousand pounds per annum.” In Committee, at the suggestion of Mr. Adye Douglas, it was amended on the motion of Sir Samuel Griffith by fixing the amount at £15,000 “until other provision is made by the Parliament.” (Conv. Deb., Syd., 1891, pp. 776–7.)
At Adelaide, the clause was introduced and passed in substantially the same form, with the substitution of £12,000 for £15,000.
At Sydney, the words were altered to “a sum not exceeding £12,000.” A suggestion of the Legislative Council of Tasmania, to reduce the amount to £10,000, was negatived. (Conv. Deb., Syd., 1897, p. 806.)
At Melbourne, a drafting amendment was made before the first report.
Appointment of civil servants280.
67. Until the Parliament otherwise provides, the appointment and removal of all other officers of the Executive Government of the Commonwealth shall be vested in the Governor-General in Council, unless the appointment is delegated by the Governor-General in Council or by a law of the Commonwealth to some other authority.
HISTORICAL NOTE.—Clause 7 of chap. II. in the Bill of 1891 was substantially similar. At Adelaide the clause was first framed as follows:—“Until the Parliament
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otherwise provides, the appointment and removal of all other officers of the Government of the Commonwealth shall be vested in the Governor-General in Council.” In Committee, Mr. Wise, with a view to preventing the introduction of the “spoils” system, moved to add—“Provided that no such officer shall be removed except for cause assigned.” This was negatived by 28 votes to 8. (Conv. Deb., Adel., pp. 916–20.)
At Sydney the following words were added as a drafting amendment:—“except officers or persons whose appointments may be delegated by the Governor-General in Council or by a law of the Commonwealth to some other officer or person.” At Melbourne further drafting amendments were made before the first report.