Submitted by admin on April 22, 2009 - 21:29
Legal Restrictions
The function of appointing the Executive Council is restricted by the Civil List Act 1950 which requires that only members of the House of Representatives may be appointed to the Council or be Ministers of the Crown, although the actual choice as to which members should be so appointed is not touched by that statute. The function of summoning, proroguing, and dissolving the House of Representatives is now regulated by the Electoral Act 1956, although the decision as to when such action should be taken is still theoretically with the Governor-General. Appointments to office are required by the Instructions of 1917 to be, as a rule, only during pleasure and not for a fixed term, and the procedure for granting land is set out in the Land Transfer Act 1952; but in both cases the Governor-General is not restricted as to whom he should grant appointments or land. The Instructions of 1917, however, contain a general provision that the Governor-General is to be “guided by the advice of his Executive Council” in all matters, although he may refuse to follow that advice provided he informs the Crown promptly of this.