Governor-General.
2. A Governor-General54 appointed by the Queen shall be Her Majesty's Representative in the Commonwealth, and shall have and may exercise in the Commonwealth during the Queen's pleasure55, but subject to this Constitution, such powers and functions of the Queen56 as Her Majesty may be pleased to assign to him.
HISTORICAL NOTE.—Clause 2 Chap. I. of the Commonwealth Bill of 1891 was as follows:—
“The Queen may, from time to time, appoint a Governor-General, who shall be Her Majesty's representative in the Commonwealth, and who shall have and may exercise in the Commonwealth during the Queen's pleasure, and subject to the provisions of this Constitution, such powers and functions as the Queen may think fit to assign to him.”
In Committee, Sir George Grey proposed to make the clause read “There shall be a Governor-General,” with the intention of making the Governor-General elective. This, after debate, was negatived by 35 votes to 3. Mr. Baker proposed to insert, after “functions,” the words “as are contained in Schedule B hereto, and such other powers and functions as are not inconsistent therewith.” He urged that the clause, as it stood.
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made the royal instructions part of the Constitutional law of the Commonwealth; and though he was not prepared at present to define the powers of the Governor-General, he wished to affirm the principle that they should be contained in the Constitution. Mr. Deakin and Dr. Cockburn thought that the best means of securing Mr. Baker's object would be to state on the face of the Constitution that the Governor-General should always act on the advice of his Ministers. Mr. Wrixon thought that if they were careful, in the Executive Chapter, to thoroughly establish responsible Government, they might let this clause go. Mr. Baker finally withdrew his amendment. (Conv. Deb., Syd. [1891] pp. 560-78.)
At the Adelaide session, 1897, the clause was introduced in the same words, except that the powers exercisable by the Governor-General were defined to be “such powers and functions of the Queen as Her Majesty may think fit to assign to him.” Mr. Glynn, lest these words might revive dormant or dead prerogatives, moved to add “and capable of being constitutionally exercised as part of the prerogative of the Crown.” This was negatived. (Conv. Deb., Adel., p. 629.)
At the Sydney session, Mr. Reid suggested that the clause be postponed. Mr. Barton agreed, saying “Some question may arise about the clause, which I do not like to indicate at present; but the Committee may take my word for it that it will be wise to postpone it now.” (Conv. Deb., Syd. [1897] pp. 253-4.) Subsequently, as a drafting amendment, the clause was altered to read:—“A Governor-General appointed by the Queen shall be,” &c. After the fourth report, the words “the provisions of” were omitted.