Chapter II of the Constitution of Australia
| Commonwealth of Australia |
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This article is part of the series:
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| Chapters of the Constitution |
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Chapter I: The Parliament |
| Text of the Constitution |
Chapter I: The Parliament
Chapter II: The Executive Parliament
Chapter III: The Judicature
Chapter IV: Finance and Trade
Chapter V: The States
Chapter VI: New States
Chapter VII: Miscellaneous
Chapter VIII: Alteration of the Constitution
Chapter II of the Constitution of Australia establishes the executive branch of the Government of Australia. It provides for the exercise of executive power by the Governor-General advised by a Federal Executive Council.
The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor‑General as the Queen’s representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.
Section 61 vests the executive power of the Commonwealth in the monarch of Australia, and establishes the Governor-General as being able to exercise this power on behalf of the monarch as their representative. In practice, the Governor-General only exercises this power on the advice of the Federal Executive Council which he or she presides over.
There shall be a Federal Executive Council to advise the Governor‑General in the government of the Commonwealth, and the members of the Council shall be chosen and summoned by the Governor‑General and sworn as Executive Councillors, and shall hold office during his pleasure.
Section 62 establishes the Federal Executive Council which advises the Governor-General. In practice the Governor-General is bound by convention to follow this advice, and although he or she is described as having the power to choose the members of the Federal Executive Council, generally all parliamentarians who are appointed a ministerial portfolio automatically become members and remain so for life.
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