September 24, 2022

Horse 3073 - Constitutional Survey - VI(ii)

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66. Salaries of Ministers

There shall be payable to the Queen, out of the Consolidated Revenue Fund of the Commonwealth, for the salaries of the Ministers of State, an annual sum which, until the Parliament otherwise provides, shall not exceed twelve thousand pounds a year.

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Parliament provided almost immediately for the salaries of the Ministers of State. The current Parliamentary Business Resources Act 2017 (s.14(2)) provides that a base salary been drawn upon the Consolidated Revenues of the Commonwealth per Section 48 and that there be various allowances are to be paid per Section 59.

Assuming an historical rate of inflation of 4% since 1AUC (Ab Urbe Condita, which began on 21st Apr 753BCE, the traditional date for the founding of Rome), then:

1.04^121 = 115.089

At he time of change over $1 = 10/-

115.089 x £12,000 x 2 = $2,762,136

That £12,000 was meant to cover the entire Federal Executive Council. Prime Minister Barton likely took a salary of £1200. As it stands, most cabinet ministers earn about $370,000 a year; with the Prime Minister currently on $549,250. Prime Minister Barton was on the equivalent of $276,214 but arguably, the role of the Prime Minister and Cabinet is more complex in 2022 than it was in 1901.

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67. Appointment of civil servants

Until the Parliament otherwise provides, the appointment and removal of all other officers of the Executive Government of the Commonwealth shall be vested in the Governor-General in Council, unless the appointment is delegated by the Governor-General in Council or by a law of the Commonwealth to some other authority.

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Given that it would be exceptionally easy for a cabinet minister to appoint one of their backers into positions of considerable power, like making them a Permanent Secretary, the Comptroller of Taxation, and Commissioners over quangos, then the ability to enact nepotism would have been seen as dangerous.

Queensland brought to the table a political system which was already beginning to show signs of fracture. The Labor Party by the time that the Commonwealth was invented, had already been in existence for a decade and they were full of reformists, socialists, and radicalists. In 1901, there was no organised rightist political party at a national level. New South Wales brought the Free Soil Party who was full of mercantilists. Clearly, both sides of the political aisle saw the other as ruinous.

I suspect that in the beginning of the nation, that the Governor-General would be seen as a non-partisan actor, who would rise above all of it. Placing the appointment and removal of all other officers of the Executive Government of the Commonwealth in the Governor-General in Council, at least stipulates that the various cabinet ministers have to table their suggestions for appointments before they hand over the keys to the kingdom. 

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68. Command of naval and military forces

The command in chief of the naval and military forces of the Commonwealth is vested in the Governor-General as the Queen's representative.

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Once upon a time long long ago, kings and queens became kings and queens through the process of biggest stick diplomacy. It you wanted the biggest hat in the land (that is, the Crown), then you had to raise the biggest army. One of the vestiges of biggest stick diplomacy is that the person is who is actually in control of the biggest stick, is the one who represents the Crown.

Also once upon a time long long ago, Parliament and the Prime Minister founded a new model army who meant to have an independent bent and so, civil war broke out. Parliament then appointed a High Court at Westminster Hall to indict the king for tyranny and the king was sentenced to death even though he refused to accept that the court had jurisdiction.

Now quite obviously placing the control of the military in the hands of the king, is a mere reversion to the law of biggest stick diplomacy. On the other hand, placing the control of the military in the hands of the Parliament and the Prime Minister, is also a mere reversion to the law of biggest stick diplomacy. Placing the control of the military in the hands of the king, and the control of the purse strings of the budget necessary to run said military  in the hands of the Parliament and the Prime Minister, is an uneasy alliance based on mistrust. This is not a check or balance on power (because that in reality is never real) but mutual zugzwang.

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69. Transfer of certain departments

On a date or dates to be proclaimed by the Governor-General after the establishment of the Commonwealth the following departments of the public service in each State shall become transferred to the Commonwealth:

- posts, telegraphs, and telephones;

- naval and military defence;

- lighthouses, lightships, beacons, and buoys;

- quarantine.

But the departments of customs and of excise in each State shall become transferred to the Commonwealth on its establishment.

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The invention of the Commonwealth of Australia out of the six colonies which very much acted like frenemies towards each other (and still do) was motivated by the central powers of Europe establishing greater control and influence in the Pacific. The French had moved into places like New Caledonia and Papua was under the control of a newly organised and highly motivated Germany. No doubt the events of 1870 and the fears that France and Germany would eventually hurtle towards each other in another great game, was all too real (and was in the end, correct).

Pooling the resources of the six states, into a single cohesive defensive unit, seemed highly sensible given that if Australia did come under fire, then Britain would likely be weeks' away before any help arrived.

The things immediately being transferred to the Commonwealth are active and civil defence projects. That is, in addition to a common military (see above) the objects of information and of civil defence against infirmity were desirable for the Commonwealth to be in control of. Given the events of 1914 and then 1919 with the great war and then the great flu, then wisdom was proven to be right by her children.

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70. Certain powers of Governors to vest in Governor-General

In respect of matters which, under this Constitution, pass to the Executive Government of the Commonwealth, all powers and functions which at the establishment of the Commonwealth are vested in the Governor of a Colony, or in the Governor of a Colony with the advice of his Executive Council, or in any authority of a Colony, shall vest in the Governor-General, or in the Governor-General in Council, or in the authority exercising similar powers under the Commonwealth, as the case requires.

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Say what now?

If there's something which a Governor did at Colony level and that's passed to the Commonwealth, then the  Governor-General now does it.

Have we got it? Good.

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