Ministers of State Act 1952

This Act may be cited as the Ministers of State Act 1952.

This Act shall be deemed to have come into operation on 1st January, 1952.

The number of the Ministers of State must not exceed:

in the case of those designated, when appointed by the Governor‑General, as Parliamentary Secretary—12; and

in the case of those not so designated—30.

Note: For the annual limit on the sum payable for the salaries of Ministers of State, see section 55 of the Parliamentary Business Resources Act 2017.

Choosing, summoning and swearing of an Executive Councillor

If the Governor‑General has chosen, summoned and sworn an Executive Councillor as a member of the Federal Executive Council under section 62 of the Constitution, the Official Secretary to the Governor‑General must by notifiable instrument:

notify that the Executive Councillor has been so chosen, summoned and sworn; and

specify:

the name of the Executive Councillor; and

the day (the swearing day) on which the Executive Councillor was so chosen, summoned and sworn.

The notifiable instrument under subsection (1):

must be made as soon as practicable after the swearing day; and

may comprise a copy of the instrument (the section 62 instrument) made by the Governor‑General notifying that the Governor‑General has chosen, summoned and sworn the Executive Councillor as a member of the Federal Executive Council under section 62 of the Constitution.

The validity of a section 62 instrument is not affected by any failure to comply with subsections (1) and (2).

Revocation of Executive Councillor’s membership of the Federal Executive Council

If the Governor‑General revokes an Executive Councillor’s membership of the Federal Executive Council, the Official Secretary to the Governor‑General must by notifiable instrument:

notify that the Executive Councillor’s membership of the Federal Executive Council has been revoked by the Governor‑General; and

specify:

the name of the former Executive Councillor; and

the day (the revocation day) on which the revocation occurred.

The notifiable instrument under subsection (4):

must be made as soon as practicable after the revocation day; and

may comprise a copy of the instrument (the section 62 revocation instrument) made by the Governor‑General revoking the Executive Councillor’s membership of the Federal Executive Council.

The validity of a section 62 revocation instrument is not affected by any failure to comply with subsections (4) and (5).

Appointment of an officer to administer a department of State of the Commonwealth

If the Governor‑General appoints an officer to administer a department of State of the Commonwealth under section 64 of the Constitution, the Official Secretary to the Governor‑General must by notifiable instrument:

notify that the officer has been so appointed by the Governor‑General; and

specify:

the name of the officer; and

the name of the department of State of the Commonwealth; and

the day (the appointment day) on which the officer was so appointed.

The notifiable instrument under subsection (1):

must be made as soon as practicable after the appointment day; and

may comprise a copy of the instrument (the section 64 instrument) made by the Governor‑General appointing the officer to administer the department of State of the Commonwealth under section 64 of the Constitution.

The validity of a section 64 instrument is not affected by any failure to comply with subsections (1) and (2).

Revocation of appointment of an officer to administer a department of State of the Commonwealth

If the Governor‑General revokes an appointment made under section 64 of the Constitution that an officer administer a department of State of the Commonwealth, the Official Secretary to the Governor‑General must by notifiable instrument:

notify that the appointment of the officer has been revoked by the Governor‑General; and

specify:

the name of the officer; and

the name of the department of State of the Commonwealth; and

the day (the revocation day) on which the revocation occurred.

The notifiable instrument under subsection (4):

must be made as soon as practicable after the revocation day; and

may comprise a copy of the instrument (the section 64 revocation instrument) revoking the appointment of the officer to administer the department of State of the Commonwealth under section 64 of the Constitution.

The validity of a section 64 revocation instrument is not affected by any failure to comply with subsections (4) and (5).

Direction that a Minister of State holds an office

If the Governor‑General directs that a Minister of State holds an office under section 65 of the Constitution, the Official Secretary to the Governor‑General must by notifiable instrument:

notify that the Governor‑General has directed that the Minister of State holds the office; and

specify:

the name of the Minister of State; and

the name of the office; and

the day (the direction day) on which the Governor‑General so directed.

The notifiable instrument under subsection (1):

must be made as soon as practicable after the direction day; and

may comprise a copy of the instrument (the section 65 instrument) made by the Governor‑General directing that a Minister of State holds an office under section 65 of the Constitution.

The validity of a section 65 instrument is not affected by any failure to comply with subsections (1) and (2).

Revocation of direction that a Minister of State holds an office

If the Governor‑General revokes a direction made under section 65 of the Constitution that a Minister of State holds an office, the Official Secretary to the Governor‑General must by notifiable instrument:

notify that the direction that the Minister of State holds the office has been revoked by the Governor‑General; and

specify:

the name of the Minister of State; and

the name of the former office; and

the day (the revocation day) on which the revocation occurred.

The notifiable instrument under subsection (4):

must be made as soon as practicable after the revocation day; and

may comprise a copy of the instrument (the section 65 revocation instrument) made by the Governor‑General revoking the direction that the Minister of State holds an office under section 65 of the Constitution.

The validity of a section 65 revocation instrument is not affected by any failure to comply with subsections (4) and (5).

The Governor‑General may make regulations prescribing matters:

required or permitted by this Act to be prescribed; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.