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Appendix 1 - Constitutional Conventions adopted by Resolution of the Australian Constitutional Convention, Brisbane 29 July – 1 August 1985

Published online by Cambridge University Press:  16 November 2009

Gerard Carney
Affiliation:
Bond University, Queensland
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Summary

  1. A. The basic principle is that the Ministry has the confidence of the House of Representatives.

  2. B. Following a general election in which the Government is defeated, the Governor-General, having taken the advice of the outgoing Prime Minister as to the person who the outgoing Prime Minister believes can form a Ministry that has the confidence of the House of Representatives, appoints as Prime Minister the person who, in his opinion, can form a Ministry that has the confidence of the House of Representatives.

  3. C. If the Prime Minister resigns, the Governor-General, having taken the advice of the resigning Prime Minister as to the person who the Prime Minister believes can form a Ministry that has the confidence of the House of Representatives, appoints as Prime Minister the person who, in his opinion, can form a Ministry that has the confidence of the House of Representatives.

  4. D. If the Prime Minister dies in office, the Governor-General, having taken the advice of the next most senior Minister as to the person who that Minister believes can form a Ministry that has the confidence of the House of Representatives, appoints as Prime Minister the person who in his opinion can form such a Ministry.

  5. E. If following a defeat in the House of Representatives, the Prime Minister, acting in accordance with Practice F, advises the Governor-General to dissolve the House of Representatives or to send for the person who the Prime Minister believes can form a Ministry that has the confidence of the House of Representatives, the Governor-General acts on the advice.

  6. […]

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Publisher: Cambridge University Press
Print publication year: 2006

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