Section 64 of the Constitution of Australia

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.

The provisions of this Constitution referring to the Governor‑General in Council shall be construed as referring to the Governor‑General acting with the advice of the Federal Executive Council.

The Governor‑General may appoint officers to administer such departments of State of the Commonwealth as the Governor‑General in Council may establish.

Such officers shall hold office during the pleasure of the Governor‑General. They shall be members of the Federal Executive Council, and shall be the Queen’s Ministers of State for the Commonwealth.

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