Governor-General of Australia in the context of "Royal assent"

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⭐ Core Definition: Governor-General of Australia

The governor-general of Australia is the federal representative of the monarch of Australia, currently Charles III. The governor-general has many constitutional and ceremonial roles in the Australian political system, in which they have independent agency. However, they are generally bound by convention to act on the advice of the prime minister and the Federal Executive Council. They also have a significant community role, through recognising meritorious individuals and groups, and representing the nation as a whole. The current governor-general is Sam Mostyn.

Significant functions of the governor-general include giving royal assent to bills passed by the houses of parliament, issuing writs for elections, exercising executive power on the advice of the Federal Executive Council, formally appointing government officials (including the prime minister, other ministers, judges and ambassadors), acting as commander-in-chief of the Australian Defence Force, and bestowing Australian honours. However, in almost all instances the governor-general only exercises de jure power in accordance with the principles of the Westminster system and responsible government. This requires them to remain politically neutral and to only act in accordance with Parliament (such as when selecting the prime minister and providing royal assent) or on the advice of ministers (when performing executive actions). However, in certain limited circumstances, the governor-general can exercise reserve powers (powers that may be exercised without or against formal advice), most notably during the 1975 Australian constitutional crisis. These situations are often controversial and the use of and continued existence of these powers remains highly debated.

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👉 Governor-General of Australia in the context of Royal assent

Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century.

Royal assent is typically associated with elaborate ceremony. In the United Kingdom the Sovereign may appear personally in the House of Lords or may appoint Lords Commissioners, who announce that royal assent has been granted at a ceremony held at the Palace of Westminster for this purpose. However, royal assent is usually granted less ceremonially by letters patent. In other nations, such as Australia, the governor-general (as the Monarch's representative) has the right to dissolve the parliament and to sign a bill. In Canada, the governor general may give assent either in person at a ceremony in the Senate or by a written declaration notifying Parliament of their agreement to the bill.

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Governor-General of Australia in the context of Writ

In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and certiorari are common types of writs, but many forms exist and have existed.

In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era, a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a specific place and time. An early usage survives in the United Kingdom, Canada, Australia, and some other Commonwealth countries in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or state governors for state elections) to local officials to hold a general election. Writs were used by the medieval English kings to summon people to Parliament (then consisting primarily of the House of Lords) whose advice was considered valuable or who were particularly influential, and who were thereby deemed to have been created "barons by writ".

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Governor-General of Australia in the context of Royal patent

Letters patent (plural form for singular and plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, title or status to a person or corporation. Letters patent can be used for the creation of corporations, government offices, to grant city status or coats of arms. Letters patent are issued for the appointment of representatives of the Crown, such as governors and governors-general of Commonwealth realms, as well as appointing a Royal Commission. In the United Kingdom, they are also issued for the creation of peers of the realm.

A particular form of letters patent has evolved into the modern intellectual property patent (referred to as a utility patent or design patent in United States patent law) granting exclusive rights in an invention or design. In this case, it is essential that the written grant should be in the form of a public (patent) document so other inventors can consult it both to avoid infringement (while the patent remains in force) and to understand how to put it into practical use (once the patent rights expire). In the Holy Roman Empire, Austrian Empire, and Austria-Hungary, imperial patent was also the highest form of generally binding legal regulations, e.g. Patent of Toleration, Serfdom Patent, etc.

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Governor-General of Australia in the context of Governor-General

Governor-general (plural governors-general), or governor general (plural governors general), is the title of an official, most prominently associated with the British Empire and the Commonwealth. In the context of the governors-general and former British colonies, governors-general continue to be appointed as viceroy to represent the monarch of a personal union in any sovereign state over which the monarch does not normally reign in person (non-UK Commonwealth realm). In the British Empire, governors-general were appointed on the advice of the government of the United Kingdom and were often British aristocracy, but in the mid-twentieth century they began to be appointed on the advice of the independent government of each realm and were citizens of each independent state.

Governors-general have also previously been appointed in respect of major colonial states or other territories held by either a monarchy or republic, such as Japan, Korea, Taiwan and France in Indochina.

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Governor-General of Australia in the context of 2010 Australian federal election

A federal election was held on 21 August 2010 to elect members of the 43rd Parliament of Australia. The incumbent centre-left Australian Labor Party led by Prime Minister Julia Gillard won a second term against the opposition centre-right Liberal Party of Australia led by Opposition Leader Tony Abbott and Coalition partner the National Party of Australia, led by Warren Truss, after Labor formed a minority government with the support of three independent MPs and one Australian Greens MP.

Labor and the Coalition each won 72 seats in the 150-seat House of Representatives, four short of the requirement for majority government, resulting in the first hung parliament since the 1940 election. Six crossbenchers held the balance of power. Greens MP Adam Bandt and independent MPs Andrew Wilkie, Rob Oakeshott and Tony Windsor declared their support for Labor on confidence and supply. Independent MP Bob Katter and National Party of Western Australia MP Tony Crook declared their support for the Coalition on confidence and supply. The resulting 76–74 margin entitled Labor to form a minority government. The Prime Minister, government ministers and parliamentary secretaries were sworn in on 14 September 2010 by the Governor-General Quentin Bryce. In November 2011, Coalition MP and Deputy Speaker Peter Slipper replaced Labor MP Harry Jenkins as Speaker of the House of Representatives, increasing Labor's parliamentary majority from 75–74 (not including Jenkins as he was unable to vote on legislation due to his role as Speaker) to 76–73 (not including Slipper as he was unable to vote on legislation due to his role as Speaker).

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Governor-General of Australia in the context of Australian Government

The Australian Government, also known as the Commonwealth Government or simply as the federal government, is the national executive government of Australia, a federal parliamentary constitutional monarchy. The executive consists of the prime minister, cabinet ministers and other ministers that currently have the support of a majority of the members of the House of Representatives (the lower house) and also includes the departments and other executive bodies that ministers oversee. The current executive government consists of Anthony Albanese and other ministers of the Australian Labor Party (ALP), in office since the 2022 federal election.

The prime minister is the head of the federal government and is a role which exists by constitutional convention, rather than by law. They are appointed to the role by the governor-general (the federal representative of the monarch of Australia). The governor-general normally appoints the parliamentary leader who commands the confidence of a majority of the members of the House of Representatives. Also by convention, the prime minister is a member of the lower house.

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Governor-General of Australia in the context of Parliament of Australia

The Parliament of Australia (officially the Parliament of the Commonwealth and also known as the Federal Parliament) is the federal legislature of Australia. It consists of three elements: the monarch of Australia (represented by the governor-general), the Senate (the upper house), and the House of Representatives (the lower house). The Parliament combines elements from the British Westminster system, in which the party or coalition with a majority in the lower house is entitled to form a government, and the United States Congress, which affords equal representation to each of the states, and scrutinises legislation before it can be signed into law.

The upper house, the Senate, consists of 76 members; twelve for each state, and two for each of the two self-governing territories. Senators are elected using the single transferable vote and, as a result, the chamber features a multitude of parties vying for legislative control. No party or coalition has held a majority in the Senate since 2007, and this usually necessitates negotiation with either the opposition or crossbench to pass legislation.

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