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§ 280. “Appointment of Civil Servants.”

The appointment and removal of all Federal officers, other than the Queen's Ministers of State, is vested in the Governor-General in Council. Pending the adoption of Federal laws regulating such appointments and removals the Governor-General in Council is empowered to delegate the making of appointments to some subordinate Federal authority, such as a Board or a commission. It does not seem that the Governor-General in Council can delegate to such a body the duty of deciding upon the removal of officers; though of course the Federal Parliament can do so.

This section must be read in conjunction with sec. 84, which provides that when any department of the public service of a State is transferred to the Commonwealth, all officers of the department whose services are retained become subject to the control of the Executive Government of the Commonwealth, but preserve all their existing and accruing rights.

Command of the naval and military forces.

68. The command in chief281 of the naval and military forces of the Commonwealth is vested in the Governor-General as the Queen's representative.

CANADA.—The Command-in-Chief of the Land and Naval Militia, and of all Naval and Military Forces, of and in Canada, is hereby declared to continue and be vested in the Queen.—B.N.A. Act, 1867, sec. 15.

HISTORICAL NOTE.—Clause 9 of Chap. II. of the Bill of 1891 was in almost identical words, as was also the clause adopted at Adelaide. Compare Volunteer Act, 1867 (N.S.W.), sec. 4.

At Melbourne, Dr. Cockburn (for Mr. Deakin) moved to substitute “acting under the advice of the Executive Council” for “as the Queen's Representative.” A debate upon the exercise of prerogative powers followed, and the amendment was negatived. (Conv. Deb., Melb., pp. 2249–64.) Drafting amendments were made before the first report and after the fourth report.

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