Opinion Number. 282

Subject

ROYAL ASSENT PROCEDURE FOR DECLARING

Key Legislation

CONSTITUTION ALTERATION (SENATE ELECTIONS) 1906

Date
Client
The Acting Prime Minister

A question has arisen as to the proper mode of gazetting the assent to the Constitution Alteration (Senate Elections) 1906 passed by both Houses of Parliament at the latter end of last session, and subsequently approved at a referendum. His Excellency has sent a message to the Clerk of Parliaments but it is understood that Mr Blackmore is unable to take upon himself to gazette the assent, as Parliament has no official knowledge of it.

The Acting Prime Minister asks for advice as to the best course to pursue, and observes that he sees no reason why the practice usual in the case of the King's assent to reserved Bills should not be followed, namely, a proclamation in the Gazette.

In my opinion a proclamation duly gazetted would be a proper declaration of the Governor-General's assent in this case.

A declaration by message would of course be equally proper; and as there is no urgency I would suggest that the matter may well be left until His Excellency's message can be presented when Parliament next meets.

[Vol. 6, p. 90]