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132-649: The Australian Criminal Intelligence Commission ( ACIC ) is a law enforcement agency established by the Australian federal government on 1 July 2016, following the merger of the Australian Crime Commission ( ACC ) and CrimTrac . It has specialist investigative capabilities and delivers and maintains national information sharing systems. ACIC is part of the National Intelligence Community . On 1 January 2003,

264-689: A jurisdiction . Jurisdictions are traditionally restricted to a geographic area and territory. LEA might be able to apply its powers within a state (e.g. the National Police for the entirety of France ), within an administrative division (e.g. the Ontario Provincial Police for Ontario , Canada ), within a division of an administrative division (e.g. the Miami-Dade Police Department for Miami-Dade County , Florida , United States ), or across

396-589: A LEA is sometimes referred to as a jurisdiction, any LEA operations area usually still has legal jurisdiction in all geographic areas the LEA operates, but by policy and consensus the operations area does not normally operate in other geographical operations areas of the LEA. For example, since 2019 the frontline or territorial policing of the United Kingdom 's Metropolitan Police has been divided into 12 Basic Command Units, each consisting of two, three, or four of

528-559: A bill, the governor-general can also reserve a bill for the King's pleasure, that is allow the monarch to give royal assent personally to a proposed bill. When the governor-general acted as a representative of the British government, this provision allowed for the governor-general to refer a bill back to the British government for review, which would then advise the monarch whether or not to grant assent. The British government could also advise

660-429: A cabinet meeting agreed that troops should only be called out if requested by the territory's administrator ; this did not occur. Defence minister Malcolm Fraser , who opposed the call out, was responsible for informing Hasluck of the prime minister's lack of consultation. The incident contributed to Fraser's resignation from cabinet in 1971 and Gorton's subsequent loss of the prime ministership . The governor-general

792-653: A collection of states typically within an international organization or political union (e.g. Europol for the European Union ). Sometimes, an LEA's jurisdiction is determined by the type of violation committed relative to the laws the LEA enforces, who or what the violation affects, or the seriousness of the violation. For example, in the United States, the Postal Inspection Service primarily investigates crimes affecting or misusing

924-635: A country, but is made up of personnel from several countries, such as the European Union Police Mission in Bosnia and Herzegovina . International LEAs are typically also multinational, but multinational LEAs are typically not international. LEAs which operate across a collection of countries tend to assist in law enforcement activities, rather than directly enforcing laws, by facilitating the sharing of information necessary for law enforcement between LEAs within those countries. Within

1056-408: A country, the jurisdiction of law enforcement agencies can be organized and structured in a number of ways to provide law enforcement throughout the country. A law enforcement agency's jurisdiction can be for the whole country or for a division or sub-division within the country. When a LEA's jurisdiction is for the whole country, it is usually one of two broad types, either federal or national. When

1188-413: A divisional level. Such exercising of powers is typically specific arrangements between the federal and divisional governing bodies. Examples of federal law enforcement agencies include the: A federated approach to the organization of a country does not necessarily indicate the nature of the organization of law enforcement agencies within the country. Some countries, such as Austria and Belgium , have

1320-561: A formal letter of credence (and a letter of recall at the end of a tenure) to heads of state and government and similarly formally receives foreign letters during credentials ceremonies for heads of mission on their arrival in Canberra. Before 1987, ambassador and high commissioner appointments were formally made by the monarch instead. Under section 68 of the Constitution , the command-in-chief of Australia's military forces

1452-622: A key role in performing constitutional duties in all branches of government. The Constitution defines the Parliament of the Commonwealth as consisting of the monarch, the Senate and the House of Representatives . However, the monarch's role is no more than titular, with the governor-general responsible under the Constitution for most of the functions undertaken by the monarch in regard to

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1584-492: A law and identify other non-complying subjects. Lawful deception and use of law exemption by a LEA is typically subject to very strong judicial or open civil overview. For example, the Australian Federal Police's controlled operations are subject to open civil review by its governing body, the Parliament of Australia . Law enforcement agencies have other exemptions from laws to allow them to operate in

1716-457: A law by a specified subject. The judicial officer, if they agree, will then issue a legal instrument, typically called a search warrant , to the LEA, which must be presented to the relevant subject if possible. Subjects who do not comply with laws will usually seek to avoid detection by a LEA. When required, in order for the LEA to detect and investigate subjects not complying with laws, the LEA must be able to undertake its activities secretly from

1848-440: A military pension. The governor-general also receives a generous pension. Until 2001, governors-general did not pay income tax on their salary; this was changed after Elizabeth II agreed to pay tax. Governors-general before the 1970s wore traditional court uniforms , consisting of a dark navy wool double-breasted coatee with silver oak leaf and fern embroidery on the collar and cuffs trimmed with silver buttons embossed with

1980-583: A notice to produce may be issued to a person, a corporation or a Commonwealth government agency. The ACIC head office is in the Australian Capital Territory , and the agency has regional offices in each state and the Northern Territory . There is an ACIC presence in each Australian state and territory, and in several international locations as well. The ACIC works together with state and territory crime task forces to reduce

2112-537: A part of the Fox Classic Car Collection at Queens Warehouse, Melbourne. The salary of the governor-general was initially set by the Constitution, which fixed an annual amount of A£ 10,000 until the parliament decided otherwise. The Constitution also provides that the salary of the governor-general cannot be changed during their term of office. Their pay is now set by Governor-General Act 1974 , which has been amended on each new commission to set

2244-489: A practical way. For example, many jurisdictions have laws which forbid animals from entering certain areas for health and safety reasons. LEAs are typically exempted from these laws to allow dogs to be used for search and rescue, drug search, explosives search, chase and arrest, etc. This type of exemption is not unique to LEAs. Sight assist dogs are also typically exempted from access restrictions . Members of LEAs may be permitted to openly display firearms in places where this

2376-463: A relatively unified approach to law enforcement, but still have operationally separate units for federal law enforcement and divisional policing. The United States has a highly fractured approach to law enforcement agencies generally, and this is reflected in American federal law enforcement agencies . In a federation, there will typically be separate LEAs with jurisdictions for each division within

2508-605: A safer Australia. The ACIC's coercive powers are used in special operations and special investigations to obtain information where traditional law enforcement methods are unlikely to be or have not been effective, and similar to those of a Royal Commission, authorise examiners, who are appointed by the Governor General of Australia , to compel persons to give evidence for the purposes of special ACIC operations or investigations. Examinations are conducted in private, witnesses at examinations are able to claim protection so that

2640-558: A safety impacting event. These include: Many LEAs have administrative and service responsibilities, often as their major responsibility, as well as their law enforcement responsibilities. This is typical of agencies such as customs or taxation agencies, which provide services and facilities to allow subjects to comply with relevant laws as their primary responsibilities. Private police are law enforcement bodies that are owned or controlled by non-governmental entities. Private police are often utilized in places where public law enforcement

2772-434: A subject with regulations or codes of practice may result in the revocation of a license for the subject to operate, and operating without a licence is typically illegal. Also, the failure to apply codes of practice can impact other subjects' safety and life, which can also be illegal. A LEA can be responsible for enforcing secular law or religious law such as Sharia or Halakha . The significant majority of LEAs around

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2904-403: A typical military fashion worn with a plumed helmet. However, that custom fell into disuse during the tenure of Sir Paul Hasluck with governors-general now observing informal wear day-to-day. Tasmanian governor Sir Stanley Burbury extensively lobbied his government in an attempt to regain the right to wear a uniform, going as far to contact Sir John Kerr in desperation, hoping he could contact

3036-525: A vacancy occurs. In 1975, Labor prime minister Gough Whitlam advised the Queen that Sir Colin Hannah , then governor of Queensland , should have his dormant commission revoked for having made public and partisan anti- Whitlam government political statements, in violation of the convention that vice-regal representatives remain neutral and above politics. A governor-general may be recalled or dismissed by

3168-596: Is "vested in the Governor‑General as the Queen's representative". Views on the effect of this section vary, from merely making the governor-general "in effect no more than a glorified Patron of the Defence Forces" to alternatively making the governor-general the ultimate head of military chain of command who may influence or deny the use of the military if it is to be used for domestic political ends. Ex-governor-general Sir Ninian Stephen stated that his view of

3300-405: Is a direct jurisdictional responsibility and is different from the situation when a governing body makes arrangements with another governing body's LEA to provide law enforcement for its subjects. In federal polities, actions that violate laws in multiple geographical divisions within the federation are escalated to a federal LEA. In other cases, specific crimes deemed to be serious are escalated; in

3432-415: Is commonly understood by society, it is recognized formally by scholars and academics. A police agency's jurisdiction for social order and public safety will normally be the same as its jurisdiction for law enforcement. Military organizations often have law enforcement units. These units within armed forces are generally referred to as military police . This may refer to: The exact usage and meaning of

3564-709: Is determined based on whether their involvement is requested; the Australian Federal Police , for instance, has jurisdiction over all of Australia , but usually takes on complex serious matters referred to it by another agency, and the agency will undertake its own investigations of less serious or complex matters by consensus. LEA jurisdictions for a country and its divisions can typically be at more than one level. The United States has five basic tiers of law enforcement jurisdiction: federal , state , county , municipality , and special jurisdiction ( tribal , airport , transit , railroad , etc.). Only

3696-501: Is for penal or court-related duties), they are still capable of assisting each other if necessary, usually in the form of higher-tier agencies assisting lower-tier agencies. In some countries, national or federal police may be involved in direct policing as well, though what they focus on and what their duties are may vary. In Brazil , there are five federal police forces with national jurisdiction—the Federal Police of Brazil ,

3828-491: Is for social order within their jurisdiction and the relevant social order being highly codified as laws. Often, a LEA will have a specific internal unit to ensure that the LEA is complying with relevant laws such as the U.S. Federal Bureau of Investigation's Office of Professional Responsibility. In some countries and regions, specialised or separate LEAs are established to ensure that other LEAs comply with laws and investigate potential violations of laws by law enforcers, like

3960-553: Is generally invited to become patron of various charitable and service organisations. Historically the governor-general has also served as Chief Scout of Australia . The chief scout is nominated by the Scouting Association's National Executive Committee and is invited by the president of the Scout Association to accept the appointment. Bill Hayden declined the office on the grounds of his atheism , which

4092-463: Is often used in the United States to refer to police agencies, however, it also includes agencies with peace officer status or agencies which prosecute criminal acts. A county prosecutor or district attorney is considered to be the chief law enforcement officer of a county. Other responsibilities of LEAs are typically related to assisting subjects to avoid non-compliance with a law, assisting subjects to remain safe and secure, assisting subjects after

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4224-918: Is seen as being under-provided. For example, the San Francisco Patrol Special Police was formed to increase security in San Francisco during the California gold rush , and presently still exists to protect locations on the request of private clients. In Canada and the United States, many railroad companies have private railroad police. Examples include the BNSF Police Department , Canadian National Police Service , Canadian Pacific Kansas City Police Service , Union Pacific Police Department , etc. The Canadian National Police Service and Canadian Pacific Kansas City Police Service operate in both countries while

4356-492: Is supported by a staff (of 80 in 2018 ) headed by the official secretary . The governor-general is selected by the prime minister, but formally appointed by the monarch of Australia on the prime minister's advice. Their term is not fixed, but they typically serve for five years. From Federation in 1901 until 1965, 11 out of the 15 governors-general were British aristocrats ; however all since then have been Australian citizens . The current governor-general, Samantha Mostyn ,

4488-505: Is the United Nations Police , which helps provide law enforcement during United Nations peacekeeping missions. To enable a LEA to prevent, detect, and investigate non-compliance with laws, the LEA is endowed with powers by its governing body which are not available to non LEA subjects of a governing body. Typically, a LEA is empowered to varying degrees to: These powers are not available to subjects other than LEAs within

4620-569: Is the second woman to hold the post, after Dame Quentin Bryce (2008–2014). The governor-general is formally appointed by the monarch of Australia with a commission made under the authority of section 2 of the Constitution and regulated by letters patent issued by the monarch. When a new governor-general is to be appointed, the current prime minister recommends a name to the monarch, who by convention accepts that recommendation. Prior to

4752-507: Is typically prohibited to civilians, violate various traffic laws in the course of their duties, or detain persons against their will. 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

4884-769: Is uniquely equipped as Australia's national criminal intelligence agency with investigative, research and information delivery functions. The agency works closely with a broad range of national and international partners to achieve their purpose, while taking account of criminal threats to Australia, and stakeholders' needs, the ACIC creates a national intelligence picture of crime, targets serious and organised crime, delivers information capability and services to front line policing and law enforcement, and provides crime and justice research that produces an evidence base for addressing crime in Australia. They support and collaborate closely with

5016-553: The Australian Institute of Criminology (AIC), whose director is also that of the ACIC's CEO. The AIC undertakes criminological research, which helps inform law enforcement's collective response to crime. The AIC provides independent monitoring, and research programs that enhance knowledge of crime and criminal justice issues in Australia, and it also provides strategic advice to inform policy development and reform. The ACIC works with law enforcement partners to improve

5148-950: The Federal Highway Police , the Federal Railroad Police , the Federal Penal Police, and the National Public Security Force —but the Highway Police, Railroad Police, and Penal Police are restricted to specific area jurisdictions (the Brazilian Highway System , railways , and prisons respectively) and do not investigate crimes , the Federal Police performs various police duties across the country and does investigate crimes, while

5280-703: The London boroughs , while the New York City Police Department is divided into 77 precincts. Sometimes, the one legal jurisdiction is covered by more than one LEA, again for administrative and logistical efficiency reasons, or arising from policy, or historical reasons. In England and Wales , LEAs called constabularies have jurisdiction over their respective areas of legal coverage, but they do not normally operate out of their areas without formal liaison between them. The primary difference between separate agencies and operational areas within

5412-678: The New South Wales Independent Commission Against Corruption or the Ontario Special Investigations Unit . Typically, a LEA is established and constituted by the governing body it is supporting, and the personnel making up the LEA are from the governing body's subjects. For reasons of either logistical efficiency or policy, some divisions with a country will not establish their own LEAs but will instead make arrangements with another LEA, typically from

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5544-552: The Public Governance, Performance and Accountability Act 2013 . The role and functions of the ACIC are underpinned by supporting legislation in each state and territory. The mission is to make Australia safer through improved national ability to connect, discover, understand and respond to current and emerging crime threats, and criminal justice issues, including the ability for police and law enforcement to access essential policing knowledge and information. The organisation

5676-467: The Royal Arms and with bullion edged epaulettes on the shoulders, dark navy trousers with a wide band of silver oak-leaf braid down the outside seam, silver sword belt with ceremonial sword, bicorne cocked hat with plume of ostrich feathers, black patent leather Wellington boots with spurs, etc., that is worn on ceremonial occasions. There is also a tropical version made of white tropical wool cut in

5808-579: The Royal Styles and Titles Act (1953 and 1973) and other bills of national significance such as the Flags Act 1953 and the Australia Act 1986 . Finally, the governor-general can refer a bill back to the houses with suggested changes. This has only happened when once passed, the government has realised a bill requires further amendment and requests the governor-general return the bill to

5940-534: The UK parliament . These include the power to summon, dissolve and prorogue the Parliament, to issue writs for lower house elections, to convene a joint sitting, as well as the power to give royal assent to bills in the monarch's name. The governor-general also has a ceremonial role in swearing in and accepting the resignations of members of Parliament. All members must make an oath or affirmation of allegiance to

6072-533: The chief justice of Australia or another justice of the High Court. Traditionally, the ceremony takes place in the Senate chamber. The Constitution does not set a term of office, so a governor-general may continue to hold office for any agreed length of time. In recent decades the typical term of office has been five years. Some early governors-general were appointed to terms of just one year ( Lord Tennyson ) or two years ( Lord Forster ; later extended). At

6204-537: The "Governor-General in Council", however this does not denote an element of personal discretion in their exercise. However, in 1970 governor-general Paul Hasluck refused prime minister John Gorton 's request to authorise a Pacific Islands Regiment peacekeeping mission in the Territory of Papua and New Guinea , on the grounds that cabinet had not been consulted. Gorton agreed to put the matter to his ministers, and

6336-459: The 1940s, the recommendation was made and decided by the Cabinet as a whole. The incoming governor-general is publicly announced usually several months before the end of the existing governor-general's term. After receiving their commission, the new governor-general takes an oath or affirmation of allegiance to the monarch and an oath or affirmation of office . These oaths are administered by

6468-589: The ACC Act to implement the carrying over of CrimTrac's functions to the ACC, including the provision of systems and services relating to national policing information and nationally coordinated criminal history checks. It was formed to strengthen the country's response to crime affecting Australia. As a Commonwealth statutory authority, the ACIC also has responsibilities under the Public Service Act 1999 and

6600-709: The ACIC and is responsible for determining special operations and special investigations. They are subject to the jurisdiction of the Australian Commission for Law Enforcement Integrity (ACLEI), which is tasked with preventing, detecting and investigating law-enforcement related corruption issues. The ACIC delivers information-sharing solutions between state, territory and federal law enforcement agencies including biometric matching, child protection, firearm services, police reference services, missing persons and domestic violence. The agency does this by bringing together essential law enforcement information from around

6732-998: The Australian Crime Commission (ACC) was established under the Australian Crime Commission Act 2002 , superseding the National Crime Authority (NCA), the Australian Bureau of Criminal Intelligence ( ABCI ) and the Office of Strategic Crime Assessments ( OSCA ). CrimTrac was established as an agency in the Attorney-General's Department in 1990. On 1 July 2016, the Australian Crime Commission Amendment (National Policing Information) Act 2016 (Cwlth) amended

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6864-403: The Australian Federal Police is a federal agency and has the legal power to enforce the laws enacted by any Australian state, but will generally only enforce state law if there is a federal aspect to investigate. Typically, federal LEAs have relatively narrow police responsibilities, the individual divisions within the federation usually establish their own police agencies to enforce laws within

6996-666: The Constitution of the Commonwealth of Australia , Robert Garran noted that, since the Australian executive is national in nature (being dependent on the nationally elected House of Representatives, rather than the Senate), "the Governor-General, as the official head of the Executive, does not in the smallest degree represent any federal element; if he represents anything he is the image and embodiment of national unity and

7128-451: The Constitution, that the monarch may assign them. Additionally, the initial letters patent of Queen Victoria purported to create and empower the office of governor-general, despite their assignment already in the Constitution. This was raised as early as 1901, by John Quick and Garran in their authoritative commentary of the Constitution, noting that the governor-general of Australia was distinguished from other imperial governors-general by

7260-422: The Constitution, the circumstances in which they can be used with discretion is not prescribed and is a matter of convention. The reserve powers that are generally accepted are: The reserve powers that are the subject of greater debate are: The most prominent use of the reserve powers occurred in the course of the 1975 Australian constitutional crisis , in which governor-general Sir John Kerr dismissed

7392-520: The Crown, but by the Constitution, and empowered to exercise, in his own right as Governor-General   ... all the powers and functions of Australia's head of state". Governors-general are entitled to various privileges by virtue of holding the office. These include the right to live in Government House (also known as Yarralumla ), or Admiralty House, Sydney the two official residences of

7524-527: The Defence Force, and declare a time of war, exercised as ordinary executive powers on advice. Additionally, all officers are appointed by the governor-general on behalf of the monarch with a personally signed commission. Historically, the power to declare war and make peace rested with the monarch (as advised by the British government) in their role as head of the British Empire . This was

7656-566: The Executive Government of the Commonwealth   ... The executive power of the Commonwealth, by section 61 of the Constitution, is declared to be vested in the Queen. It is also, in the same section, declared to be "exercisable" by the Governor-General as the Queen's representative. In the face of this provision, I feel it is difficult to contend that the Queen, even though present in Australia, may exercise in person functions of executive government which are specifically assigned by

7788-579: The King in the presence of the governor-general or someone appointed by them before they take their seats. On the day parliament opens, the governor-general makes a speech in the Senate (similar to the King's Speech in the UK), entirely written by the government, explaining the government's proposed legislative program. One of the most significant powers of the governor-general is the power to grant royal assent in

7920-484: The King's name. This assent gives bills that have been passed by the houses of parliament the force of law, with effect either 28 days after being signed, on a date to be fixed later by proclamation or otherwise as provided in the act. The government does not formally advise the governor-general to grant assent, but it is expected that they will act in accordance with the democratically elected houses of Parliament and assent has never been refused. Apart from assenting to

8052-433: The LEA's jurisdiction and are typically subject to judicial and civil overview. Usually, these powers are only allowed when it can be shown that a subject is probably already not complying with a law. For example, to undertake an intrusive search, typically a LEA must make an argument and convince a judicial officer of the need to undertake the intrusive search on the basis that it will help detect or prove non-compliance with

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8184-484: The National Public Security Force is a rapid reaction force deployed to assist state authorities on request. Often, a LEA's jurisdiction will be geographically divided into operations areas for administrative and logistical efficiency reasons. An operations area is often called a command , division , or office . Colloquially, they are known as beats . While the operations area of

8316-522: The Palace directly. However, it does not appear that he was successful. Governors-general have during their tenure the style His/Her Excellency the Honourable and their spouses have the style His/Her Excellency . Since May 2013, the style used by a former governor-general is the Honourable ; it was at the same time retrospectively granted for life to all previous holders of the office. From

8448-772: The Principal Knight or Dame of the order. However, in 2015 knighthoods were once again abolished by new prime minister Malcolm Turnbull , with all subsequent governors-general appointed as Companions. Spouses of governors-general have no official duties but carry out the role of a vice-regal consort. They are entitled to the courtesy style Her Excellency or His Excellency during the office-holder's term of office. Most spouses of governors-general have been content to be quietly supportive. Some, however, have been notable in their own right, such as Dame Alexandra Hasluck , Lady Casey and Michael Bryce . Other offices named governor-general were previously used in Australia in

8580-638: The Queen by section 61. And it is exercisable by the Queen's representative, not her delegate or agent." The 1988 Constitutional Commission report explained: "the governor-general is in no sense a delegate of the Queen. The independence of the office is highlighted by changes which have been made in recent years to the Royal Instruments relating to it". The changes occurred in 1984 when Queen Victoria's letters patent and instructions were revoked and replaced with new letters patent, on prime minister Bob Hawke 's advice, who stated that this would clarify

8712-907: The Solomon Islands which has a Participating Police Force working in conjunction with the Solomon Islands Police Force . In circumstances where the United Nations is already providing an administrative support capability within the country, the United Nations may directly establish and constitute a LEA on behalf of the country, as occurred under the United Nations Transitional Administration in East Timor , which operated in Timor-Leste from 1999 to 2002; related

8844-417: The UK, there is no tradition of regular weekly meetings between the governor-general and the prime minister, with meetings instead sporadically held at the request or either party. There is a greater capacity to exercise influence at the regular meetings of the Federal Executive Council at Government House; however this requires the governor-general to have existing legal experience due to the volume of material,

8976-481: The United States, the FBI has responsibility for the investigation of all kidnapping cases, regardless of whether it involves the crossing of state lines. Some countries provide law enforcement on land and in buildings owned or controlled by the federation by using a federal LEA; for example, the U.S. Department of Homeland Security is responsible for some aspects of federal property law enforcement Typically, LEAs working in different jurisdictions which overlap in

9108-483: The ability to stop criminals exploiting emerging opportunities and gaps in law enforcement information. They report to the Minister for Home Affairs , and is accountable to and monitored and reviewed by the Parliamentary Joint Committee on the Australian Criminal Intelligence Commission. The ACIC Board includes representatives of Commonwealth, state and territory law enforcement and key national security and regulatory agencies. The Board also provides strategic direction to

9240-445: 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

9372-561: 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

9504-643: The advice of the health minister of a human biosecurity emergency under the Biosecurity Act 2015 in March 2020, due to the outbreak of the COVID-19 pandemic . Formally, the governor-general may exercise the traditional rights of the monarch as identified by Bagehot : the right to be consulted, to encourage and to warn. However, the practical ability to exercise this right is limited. Unlike in Canada or

9636-402: The answers, documents or things they provide are not admissible in evidence against them in a criminal proceeding or a proceeding for the imposition of a penalty except in limited circumstances. The coercive powers also authorise examiners to issue notices to be served on persons requiring them to produce documents or things relevant to a special operation or investigation. This power is broad, and

9768-428: The assignment of powers by the monarch to the governor-general, the government also requested King George VI make similar proclamations of war on Australia's behalf. No formal declarations of war have been made since World War II, although other declarations on the start and end of time of "active service" have been made in other conflicts. The powers of command-in-chief are vested in the governor-general rather than

9900-467: The church's handling of allegations of sexual abuse of boys, for which he apologised before the Royal Commission into Institutional Responses to Child Sexual Abuse in 2016. In 1961, Lord Dunrossil became the first and, to date, only governor-general to die while holding office. A vacancy occurs on the resignation, death, or incapacity of the governor-general. A temporary vacancy occurs when

10032-399: The combined responsibilities that federal LEAs and divisional LEAs would have in a federated country. National LEAs are usually divided into operational areas. To help avoid confusion over jurisdictional responsibility, some federal LEAs, such as the U.S. FBI, explicitly advise that they are not a national law enforcement agency. A national police agency is a national LEA that also has

10164-560: The constitution put before the 1897 Adelaide Convention and professor of law at the University of Melbourne ), postulating that the letters patent and the royal instructions issued by Queen Victoria were unnecessary "or even of doubtful legality". Additionally, it was also previously believed that the monarch retained certain powers, such as the power to declare war, appoint diplomatic officers and to grant charters of incorporation and as such these powers were assigned separately to

10296-435: The constitution to the Governor-General. The monarch did not overturn the actions of governor-general Sir John Kerr in his dismissal of the prime ministership and government of Gough Whitlam during the 1975 Australian constitutional crisis , with the Queen's private secretary arguing that the power to commission the prime minister was "clearly placed within the jurisdiction of the governor-general, and The Queen has no part in

10428-575: The country and making it accessible to all Australian police and other law enforcement agencies. They also manage the National Police Checking Service, which service enables controlled access to disclosable police history information from all Australian police agencies. These capabilities are specifically designed to equip police with the information they need to investigate, solve and prevent crimes. This vital information can improve an officer's decision-making and contribute to

10560-490: The country has a federal constitution , an LEA responsible for the entire country is referred to as a federal law enforcement agency . The responsibilities of a federal LEA vary from country to country. Federal LEA responsibilities are typically countering fraud against the federation, immigration and border control regarding people and goods, investigating currency counterfeiting, policing of airports and protection of designated national infrastructure, national security, and

10692-517: The creation of the Order of Australia in 1975, the governor-general was, ex officio , Chancellor and Principal Companion of the order, and therefore became entitled to the post-nominal AC. In 1976, the letters patent for the order were amended to introduce the rank of Knight and Dame to the order, and from that time the governor-general became, ex officio, the Chancellor and Principal Knight of

10824-474: The decisions which the Governor-General must take in accordance with the Constitution". In an address to the Sydney Institute , January 2007, in connection with that event, Sir David Smith , a retired official secretary to the governor-general of Australia who had been Kerr's official secretary in 1975, described the constitution as conferring the powers and functions of Australia's head of state on

10956-425: The division. However, in some countries federal agencies have jurisdiction in divisions of the federation. This typically happens when the division does not have its own independent status and is dependent on the federation. The Royal Canadian Mounted Police (RCMP) is one such federal agency that also acts as the sole police agency for Canada's three territories , Northwest Territories , Nunavut , and Yukon . This

11088-428: The end of this initial term, a commission may be extended for a short time, usually to avoid conflict with an election or during political difficulties. Three governors-general have resigned their commission. The first governor-general, Lord Hopetoun , asked to be recalled to Britain in 1903 over a dispute about funding for the post. Sir John Kerr resigned in 1977, with his official reason being his decision to accept

11220-468: The fact that "[t]he principal and most important of his powers and functions, legislative as well as executive, are expressly conferred on him by the terms of the Constitution itself ... not by Royal authority, but by statutory authority". This view was also held by Andrew Inglis Clark , senior judge of the Supreme Court of Tasmania , who with W. Harrison Moore (a contributor to the first draft of

11352-487: The federal government, and reduces the number of agencies policing the same geographical area. In circumstances where a country or division within a country is not able to establish stable or effective LEAs, typically police agencies, the country might invite other countries to provide personnel, experience, and organisational structure to constitute a LEA, such as the Regional Assistance Mission to

11484-436: The federation. A federal LEA will have primary responsibility for laws which affect the federation as whole, and which have been enacted by the governing body of the federation. Members of a federal LEA may be given jurisdiction within a division of a federation for laws enacted by the governing bodies of the divisions either by the relevant division within the federation, or by the federation's governing body. By way of example,

11616-706: The formal constitutional role, the governor-general has a representative and ceremonial role, though the extent and nature of that role has depended on the expectations of the time, the individual in office at the time, the wishes of the incumbent government, and the individual's reputation in the wider community. Governors-general generally become patrons of various charitable institutions, present honours and awards, host functions for various groups of people including ambassadors to and from other countries, and travel widely throughout Australia. Sir William Deane (governor-general 1996–2001) described one of his functions as being "Chief Mourner" at prominent funerals. In Commentaries on

11748-456: The government of Gough Whitlam and appointed opposition leader Malcolm Fraser as prime minister while an election was held. Kerr acted following the blocking of supply by the opposition controlled Senate, arguing that this gave him both the right and duty to dismiss the government when they did not resign or advise an election. The event remains one of the most highly debated and controversial in Australian political history. In addition to

11880-418: The governor-general in "his own right". He stated that the governor-general was more than a representative of the sovereign, explaining: "under section 2 of the Constitution the Governor-General is the Queen's representative and exercises certain royal prerogative powers and functions; under section 61 of the Constitution the Governor-General is the holder of a quite separate and independent office created, not by

12012-439: The governor-general is overseas on official business representing Australia. A temporary vacancy also occurred in 2003 when Peter Hollingworth stood aside. Section 4 of the Constitution allows the monarch to appoint an administrator to carry out the role of governor-general when there is a vacancy. By convention, the longest-serving state governor holds a dormant commission , allowing an assumption of office to commence whenever

12144-500: The governor-general represents the nation as a whole. Domestically, this role entails attending services and commemorations, sponsoring community organisations and hosting events at one of the two official residences ( Government House in Canberra and Admiralty House in Sydney). Internationally, the governor-general represents Australia by travelling to significant events and by performing and receiving state visits . The governor-general

12276-400: The governor-general under section 2. However, the current interpretation of the Constitution is that all royal prerogatives are exercisable by the governor-general under section 61 and in recognition of this, the vesting of additional powers ended in 1987. While separate letters-patent still exist for the governor-general, these merely provide for the appointment of administrator in the case of

12408-419: The governor-general's absence or incapacity and requires the governor-general to make an oath or affirmation of allegiance and one of office. Commonwealth Solicitor-General Maurice Byers stated in 1974: "The constitutional prescription is that executive power is exercisable by the governor-general although vested in the Queen. What is exercisable is original executive power: that is, the very thing vested in

12540-471: The governor-general's position under the constitution. This remains the case even when the sovereign is in the country: solicitor-general Kenneth Bailey , prior to the first tour of Australia by its reigning monarch in 1954, explained the position by saying: the Constitution expressly vests in the Governor-General the power or duty to perform a number of the Crown's functions in the Legislature and

12672-525: The governor-general's salary to an amount slightly higher than the average salary of the chief justice of the High Court over the next five years. Since 1995, this has been reduced to take into account any existing pension the incoming governor-general currently receives. This provision led to the salary increase of current governor-general Samantha Mostyn (of $ 495,000 to $ 709,017) being significantly greater than other new governors-general, as unlike previous governor-general David Hurley , she does not receive

12804-468: The governor-general. Such advice is generally the result of decisions already made in Cabinet , the de facto highest executive body in Australia. While some provisions in the Constitution refer the "Governor-General" and others to the "Governor-General in Council", this does not mean that there is in element of discretion in the former; this distinction merely indicates that that the former powers were those that were historically classified as belonging to

12936-439: The governor-generalship, and went as far as to have the necessary documents drawn up. Casey had twice called McMahon into Yarralumla to give him a "dressing down" over his poor relationship with deputy prime minister John McEwen , which he believed was affecting the government. Holt believed that this was an improper use of his authority, but no further action was taken. [REDACTED] [REDACTED] The governor-general has

13068-486: The house. Under the Constitution, the executive power of the Commonwealth is vested in the monarch, but is exercisable by the governor-general. However, such power is only exercised on the advice of ministers in accordance with the principles of responsible government . This occurs formally through the Federal Executive Council , a body of all current (and technically former) ministers that advises

13200-500: The interests of the country as a whole (e.g. United Kingdom 's His Majesty's Revenue and Customs ). Many law enforcement agencies are police agencies that have a broad range powers and responsibilities. Police agencies, however, also often have a range of responsibilities not specifically related to law enforcement. These responsibilities relate to social order and public safety. While this understanding of policing, being more encompassing than just law enforcement has grown with and

13332-408: The issue of his management of sex abuse cases during his time as Anglican archbishop of Brisbane became a matter of controversy. The governor-general makes state visits overseas on behalf of Australia, during which an administrator of the government is appointed. The right of governors-general to make state visits was confirmed at the 1926 Imperial Conference , as it was deemed not feasible for

13464-403: The lack of any requirement for executive-councillors to be briefed or otherwise senior in the government, and the expectation by some governments that the governor-general should only act as a rubber stamp . The reserve powers are those powers that the governor-general may exercise independently, that is in the absence of or against ministerial advice. While most of these powers are listed in

13596-474: The mid-19th century. Sir Charles FitzRoy (governor of New South Wales from 1846 to 1855) and Sir William Denison (governor of New South Wales from 1855 to 1861) also carried the additional title of governor-general because their jurisdiction extended to other colonies in Australia. The office of governor-general of Australia was conceived during the debates and conventions leading up to federation . The first governor-general, John Hope, 7th Earl of Hopetoun ,

13728-473: The monarch before their term is complete. By convention, this may only be upon advice from the prime minister, who retains responsibility for selecting an immediate replacement or letting the vacancy provisions take effect. The constitutional crisis of 1975 raised the possibility of the prime minister and the governor-general attempting to dismiss each other at the same time. According to William McMahon , Harold Holt considered having Lord Casey dismissed from

13860-423: The monarch to disallow a law passed within the last two years, which would annul the law on the governor-general's proclamation or message to the houses. However, since the assumption of full sovereignty and the emergence of an independent Crown of Australia, the British government no longer has these powers and the reservation power has only occasionally been used for bills that affect the monarch personally, such as

13992-642: The most part they patrol unincorporated area and operate Cook County Jail , and leave municipalities to municipal police departments; and the rest of Illinois , primarily its state highways , are under the jurisdiction of the Illinois State Police . All three technically have overlapping jurisdictions, and though their regular duties are fairly different and they typically avoid each other's responsible areas (the Cook County Sheriff's Office typically avoids patrolling Chicago unless it

14124-632: The municipal, county, and state levels are involved in direct policing (i.e. uniformed officers with marked cars and regular patrols), and these can still depend on each agency's role and function. As an example for the American tiers, the Chicago Police Department has jurisdiction over Chicago , but not necessarily the rest of Cook County ; while the Cook County Sheriff's Office has jurisdiction over Cook County, for

14256-490: The non-complying subject. This, however, may require the LEA to explicitly not comply with a law other subjects must comply with. To allow the LEA to operate and comply with the law, it is given lawful exemption to undertake secret activities. Secret activities by a LEA are often referred to as covert operations . To deceive a subject and carry out its activities, a LEA may be lawfully allowed to secretly: to typically collect information about and evidence of non-compliance with

14388-498: The office-holder. For transportation, the governor-general has access to a Rolls-Royce Phantom VI limousine for ceremonial occasions or an armoured BMW 7 Series for ordinary official business. These cars fly the flag of the governor-general of Australia and display the Tudor Crown instead of number plates. Originally, two Phantoms were available after being purchased in the 1970s to be used for royal tours. One of these cars

14520-887: The one legal jurisdiction is the degree of flexibility to move resources between versus within agencies. When multiple LEAs cover the one legal jurisdiction, each agency still typically organizes itself into operations areas. In the United States, within a state's legal jurisdiction, county and city LEAs do not have full legal jurisdictional flexibility throughout the state, and this has led in part to mergers of adjacent police agencies. Jurisdictionally, there can be an important difference between international LEAs and multinational LEAs, even though both are often referred to as "international", even in official documents. An international law enforcement agency has jurisdiction and or operates in multiple countries and across state borders, such as Interpol . A multinational law enforcement agency will typically operate in only one country, or one division of

14652-675: The order. In 1986 the letters patent were amended again, and governors-general appointed from that time were again, ex officio, entitled to the post-nominal AC (although if they already held a knighthood in the order that superior rank was retained). Until 1989, all governors-general were members of the Privy Council of the United Kingdom and thus held the additional style The Right Honourable for life. The same individuals were also usually either peers , knights, or both (the only Australian peer to be appointed as governor-general

14784-450: The others operate only in the US. Many LEAs are also involved in the monitoring or application of regulations and codes of practice. See, for example, Australian Commercial Television Code of Practice , building code , and code enforcement . Monitoring of the application of regulations and codes of practice is not normally considered law enforcement. However, the consistent non-compliance by

14916-553: The outward and visible representation of the Imperial relationship of the Commonwealth". That role can become controversial, however, if the governor-general becomes unpopular with sections of the community. The public role adopted by Sir John Kerr was curtailed considerably after the constitutional crisis of 1975 ; Sir William Deane 's public statements on political issues produced some hostility towards him; and some charities disassociated themselves from Peter Hollingworth after

15048-481: The position of Australian ambassador to UNESCO in Paris, a post which ultimately he did not take up, but the resignation also being motivated by the 1975 constitutional controversy . In 2003, ex-archbishop Peter Hollingworth voluntarily stood aside while controversial allegations against him were managed, and the letters patent of the office were amended to take account of this circumstance. He later stepped down over

15180-535: The position of Robert Menzies in 1939, who assumed that the declaration of war by the United Kingdom in World War II automatically applied to Australia. However, in 1941 opinion had shifted and the Curtin government advised the governor-general to declare war on several Axis powers . However, it was still unclear whether the governor-general had the constitutional power to declare war, so in addition to requesting

15312-474: The post-nominal AC by virtue of being Chancellor and Principal Companion of the Order of Australia. Quentin Bryce was the first governor-general to have had no prior title or pre-nominal style. She was in office when, on 19 March 2014, then prime minister Tony Abbott advised the Queen to amend the letters patent of the Order of Australia to reinstate knighthoods into the Order, with the governor-general becoming

15444-401: The prerogative of the monarch alone. Many executive powers are also bestowed on the governor-general by statute. This allows the government of the day (acting through the governor-general) to perform certain acts that would otherwise require legislation. Such provision are often made where legislating may be too slow, as for the declaration of emergencies. An example this was the declaration on

15576-504: 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. In their ceremonial and community roles,

15708-455: The protection of the country's head of state and of other designated very important persons, such as the U.S. Secret Service or the U.S. Department of State Diplomatic Security Service . A federal police agency is a federal LEA that also has the typical police responsibilities of social order and public safety as well as federal law enforcement responsibilities. However, a federal police agency will not usually exercise its powers at

15840-419: The relevant sub-national jurisdiction, and may cooperate in law enforcement activities with municipal or national police where either exist. LEAs can be responsible for the enforcement of laws affecting the behavior of people or the general community (e.g. New York City Police Department ), the behavior of commercial organizations and corporations (e.g. Australian Securities and Investments Commission ), or for

15972-502: The same country, to provide law enforcement within the division. For example, the Royal Canadian Mounted Police (RCMP) is a federal agency and is contracted by most of Canada 's provinces and many municipalities to police them, even though law enforcement in Canada is constitutionally a divided responsibility. This arrangement has been achieved by formal agreement between those provinces and municipalities and

16104-564: The section was that it vests command of the military in the governor-general personally, but only to the extent that the power to give orders or call out the military does not require formal advice from the Federal Executive Council but instead the direct advice of the relevant minister. Other powers exist in the Defence Force Act 1903 , such as the power to appoint the chief of the Defence Force , to call out

16236-678: The services of the United States Postal Service , such as mail and wire fraud . If, hypothetically, a Postal Inspection Service investigation uncovered tobacco smuggling , the Bureau of Alcohol, Tobacco, Firearms and Explosives would be involved, but the Drug Enforcement Administration would not, as even though they investigate drug smuggling , their jurisdiction does not cover specifically tobacco smuggling. In other cases, an LEA's involvement

16368-806: The sovereign to pay state visits on behalf of countries other than the United Kingdom. However, an Australian governor-general did not exercise that right until 1971, when Paul Hasluck visited New Zealand. Hasluck's successor John Kerr made state visits to eight countries, but Kerr's successor Zelman Cowen made only a single state visit – to Papua New Guinea – as he wished to concentrate on travelling within Australia. All subsequent governors-general have travelled widely while in office and made multiple state visits. Occasionally governors-general have made extended tours visiting multiple countries, notably in 2009 when Quentin Bryce visited nine African countries in 19 days. The governor-general accredits (i.e. formally validates) Australia's ambassadors through sending

16500-514: The terms military police , provost , security forces , and gendarmerie vary from country to country. Non-military law enforcement agencies are sometimes referred to as civilian police , but usually only in contexts where they need to be distinguished from military police. However, they may still possess a military-like structure and protocol. In most countries, the term law enforcement agency when used formally includes agencies other than only police agencies. The term law enforcement agency

16632-489: The threat of high-risk targets operating in and impacting Australia. The ACIC has a variety of services at their disposal, such as Australian Cybercrime Online Reporting Network, Biometric and Forensic Services, Child protection, Firearms services, Domestic violence, National Criminal Intelligence System, and the National Police Checking Service. Law enforcement agency LEAs which have their ability to apply their powers restricted in some way are said to operate within

16764-437: The type of law non-compliance actively establish mechanisms for cooperation, establish joint operations and joints task forces. Often, members of a LEA working outside of their normal jurisdiction on joint operations or task force are sworn in as special members of the host jurisdiction. A national law enforcement agency is a LEA in a country which does not have divisions capable of making their own laws. A national LEA has

16896-771: The typical police responsibilities of social order and public safety as well as national law enforcement responsibilities. Examples of countries with non-federal national police agencies are New Zealand , Italy , Indonesia , France , Ireland , Japan , Netherlands , Malaysia , the Philippines , and Nicaragua . State police , provincial police , or regional police are a type of subnational territorial police force found in nations organized as federations , typically in North America , South Asia , and Oceania , because each of their state police are mostly at country level. These forces typically have jurisdiction over

17028-419: The world are secular, and their governing bodies separating religious matters from the governance of their subjects. Religious law enforcement agencies, such as Saudi Arabia 's Mutaween or Iran 's Guidance Patrol , exist where full separation of government and religious doctrine has not occurred, and are generally considered police agencies, typically religious police , because their primary responsibility

17160-552: Was Lord Casey ; and Sir William McKell was knighted only in 1951, some years into his term, but he was entitled to the style The Honourable during his tenure as premier of New South Wales, an office he held until almost immediately before his appointment). In 1989, Bill Hayden , a republican, declined appointment to the British Privy Council and any imperial honours . From that time until 2014, governors-general did not receive automatic titles or honours, other than

17292-499: Was incompatible with the Scout Promise . He did however serve as the association's patron during his term of office. While the governor-general is the monarch's representative, as provided by section 2 of the Constitution, the powers they exercise are solely granted by the Constitution. This was not always seen to be the case however, with section 2 also providing that the governor-general may exercise other powers, subject to

17424-466: Was sold in 1995 to a Sydney doctor, having previously carried the Queen during a royal tour and later being pelted with eggs when it carried Sir John Kerr following the Dismissal in 1975. The car was then entered into the almost 15,000 km long Peking to Paris rally, where it became known as "Lizzie's Taxi" and secured fourth place. The car is now owned by Lindsay Fox and is often on display as

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