The Executive
ARTICLE 6. Ministers of Crown to be members of Parliament
(1) A person may be appointed and may hold office as a member of the Executive Council or as a Minister of the Crown only if that person is a member of Parliament.
(2) Notwithstanding subsection (1) of this section,—
- A person who is not a member of Parliament may be appointed and may hold office as a member of the Executive Council or as a Minister of the Crown if that person was a candidate for election at the general election of members of the House of Representatives held immediately preceding that person's appointment as a member of the Executive Council or as a Minister of the Crown but shall vacate office at the expiration of the period of 40 days beginning with the date of the appointment unless, within that period, that person becomes a member of Parliament; and
- Where a person who holds office both as a member of Parliament and as a member of the Executive Council or as a Minister of the Crown ceases to be a member of Parliament, that person may continue to hold office as a member of the Executive Council or as a Minister of the Crown until the expiration of the 28th day after the day on which that person ceases to be a member of Parliament.
Compare: 1979 No 33 s 9
ARTICLE 7. Power of member of Executive Council to exercise Minister's powers
Any function, duty, or power exercisable by or conferred on any Minister of the Crown (by whatever designation that Minister is known) may, unless the context otherwise requires, be exercised or performed by any member of the Executive Council.
Compare: 1924 No 11 s 25(e)
ARTICLE 8. Appointment of Parliamentary Under-Secretaries
(1) The Governor-General may from time to time, by warrant under the Governor-General's hand, appoint any member of Parliament to be a Parliamentary Under-Secretary in relation to such Ministerial office or offices as are specified in that behalf in the warrant of appointment.
(2) A Parliamentary Under-Secretary shall hold office as such during the pleasure of the Governor-General, but shall in every case vacate that office within 28 days of ceasing to be a member of Parliament.
Compare: 1979 No 33 12; 1985 No 48 s 5
ARTICLE 9. Functions of Parliamentary Under-Secretaries
(1) A Parliamentary Under-Secretary holding office as such in respect of any Ministerial office shall have and may exercise or perform under the direction of the Minister concerned such of the functions, duties, and powers of the Minister of the Crown for the time being holding that office as may from time to time be assigned to the Parliamentary Under-Secretary by that Minister.
(2) Nothing in subsection (1) of this section limits the authority of any Minister of the Crown to exercise or perform personally any function, duty, or power.
(3) The fact that any person holding office as a Parliamentary Under-Secretary in respect of any Ministerial office purports to exercise or perform any function, duty, or power of the Minister concerned shall be conclusive evidence of that person's authority to do so.
Compare: 1979 No 33 s 14
ARTICLE 9A. Solicitor-General may perform functions of Attorney-General
The Solicitor-General may perform a function or duty imposed, or exercise a power conferred, on the Attorney-General.
Compare: 1924 No 11 s 4; 1952 No 81 s 27
Sections 9A to 9C were inserted, as from 1 November 1999, by section 3 Constitution Amendment Act 1999 (1999 No 86).
ARTICLE 9B. Appointment of person to act in place of Solicitor-General
(1) The Governor-General may appoint a barrister or solicitor of at least 7 years' practice to act—
- In place of, or for, the Solicitor-General during the absence from office of the Solicitor-General or if the Solicitor-General is incapacitated in a way that affects the performance of his or her duties; or
- During a vacancy in the office of Solicitor-General.
(2) The performance of a function or duty or the exercise of a power by a person appointed under subsection (1) is, in the absence of proof to the contrary, sufficient evidence of the authority of that person to do so.
Compare: 1924 No 11 s 25B(1), (2); 1979 No 71 s 2
Sections 9A to 9C were inserted, as from 1 November 1999, by section 3 Constitution Amendment Act 1999 (1999 No 86).
ARTICLE 9C. Delegation of powers of Attorney-General and Solicitor-General
(1) The Solicitor-General may, with the written consent of the Attorney-General, in writing delegate to a Deputy Solicitor-General, any of the functions or duties imposed, or powers conferred, on the Attorney-General.
(2) The Solicitor-General may in writing delegate to a Deputy Solicitor-General any of the functions or duties imposed, or powers conferred, on the Solicitor-General, except for the power to delegate conferred by this subsection.
(3) A delegation is revocable and does not prevent the Attorney-General or the Solicitor-General from performing the function or duty or exercising the power.
(4) A delegation may be made on conditions specified in the instrument of delegation.
(5) The fact that a Deputy Solicitor-General performs a function or duty or exercises a power is, in the absence of proof to the contrary, sufficient evidence of his or her authority to do so.
Sections 9A to 9C were inserted, as from 1 November 1999, by section 3 Constitution Amendment Act 1999 (1999 No 86). |
