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149-549: 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

298-489: 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 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

447-589: A referendum of all Australians of voting age and must receive a double majority : a majority of all votes, and a majority of votes in a majority of states. Section 1 of the Australian Constitution creates a democratic legislature, the bicameral Parliament of Australia which consists of the monarch and two chambers of parliament, the Senate and the House of Representatives . Section 51 of

596-470: A " full democracy " in 2022. Like other Westminster-style systems of government , Australia's federal system of government consists of three branches : the legislative ( Parliament ), the executive (the prime minister , the cabinet , other ministers , and government departments), and the judicature (the High Court of Australia and other federal courts ). The Australian government consists of

745-556: 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

894-566: A failure to vote attracting a $ 20 fine. All non-Indigenous women gained the right to vote in federal elections in 1902 and in all states by 1908. All seats in the House of Representatives are contested in each election. Members are elected using preferential voting , in which the winning candidate obtains over 50% of votes after distribution of preferences; therefore, preference flows from lower-polling candidates are frequently significant in electoral outcomes. Senate elections are contested by half

1043-558: 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

1192-518: 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

1341-436: 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

1490-535: 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

1639-533: 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

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1788-404: A specific policy area and reporting directly to a senior Cabinet minister. The Constitution of Australia does not explicitly mention Cabinet; it existing solely by convention, with its decisions not in and of themselves having legal force. However, it serves as the practical expression of the Federal Executive Council , which is Australia's highest formal executive governmental body. In practice,

1937-403: 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

2086-524: 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

2235-628: Is responsible to the Parliament , of which they must be (or shortly become) members. In the Senate, 12 senators are from each State and 2 senators from the ACT and the NT respectively are elected by an optional preferential single transferable vote system. State senators serve staggered fixed six year terms, with half up for election each three years. Territory senators serve a non fixed term equal to that of

2384-593: 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

2533-432: Is difficult to apply as many actions by executive agencies are wide ranging, binding and conducted independently of Parliament. Ultimately whether a power is executive or legislative is determined on a case by case basis, and involves the weighing up of various factors, rather than the application of a strict test. The Federal Executive Council is a formal body which exists and meets to give legal effect to decisions made by

2682-442: Is elected on a basis of equality among the states: all states elect 12 senators, regardless of population. This was intended to ensure that smaller states retained influence over legislation and that laws could not be passed with only the support of the more popular states. However due to the emergence of strong parties with senators that very rarely cross the floor , this role is much less visible. The Australian Capital Territory and

2831-556: 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 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

2980-481: Is not prescribed within the constitution and is ultimately determined by the prime minister of the day. Traditionally, the oath has repeated the swearing of allegiance to the sovereign, although this is not required and every Labor prime minister since Paul Keating has not done so. The Oath of Office below recited by Anthony Albanese was notable for not mentioning God or the monarch: I, (NAME) do solemnly and sincerely affirm and declare that I will well and truly serve

3129-488: 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 ,

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3278-418: 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 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

3427-458: Is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the states , and interprets the Constitution of Australia. The High Court is mandated by section 71 of the Constitution , which vests in it

3576-480: Is the council of senior ministers, responsible to the Parliament. The ministers are appointed by the governor-general, on the advice of the prime minister, who serve at the former's pleasure. Cabinet meetings are strictly private and occur once a week where vital issues are discussed and policy formulated. Outside the cabinet there is an outer ministry and also a number of junior ministers, called assistant ministers (formally parliamentary secretaries ), responsible for

3725-562: 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

3874-648: The Sydney Morning Herald has reported that ministerial positions are allocated to the Left and Right factions on a proportional basis according to their representation in Parliament. The Left selects their ministers nationally, whilst the Right assigns ministers according to state based quotas. The cabinet meets not only in Canberra but also in state capitals, most frequently Sydney and Melbourne. Kevin Rudd

4023-441: The 1990 federal election The most recent Australian federal election, which took place on 21 May 2022 , saw the election of a historically large crossbench in the House of Representatives consisting of six minor party members and ten independents. Australia's six states and the two largest territories are structured within a political framework similar to that of the Commonwealth. Each state has its own bicameral parliament, with

4172-567: The Australian Constitution and the wording of the oath and affirmation are set out in the Schedule to the Constitution. The oath is: I, A.B., do swear that I will be faithful and bear true allegiance to His Majesty King Charles the Third, His heirs and successors according to law. SO HELP ME GOD! The affirmation is: I, A.B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to His Majesty King Charles

4321-602: The Country Party , the leader of the junior Coalition party has had the right to nominate their party's members of the Coalition ministry, and to be consulted by the Prime Minister on the allocation of their portfolios. When Labor first held office under Chris Watson , Watson assumed the right to choose members of his Cabinet. In 1907, however, the party decided that future Labor Cabinets would be elected by

4470-499: The Queen from the Constitution and replaced the governor-general with a president nominated by the prime minister, but subject to the approval of a two-thirds majority of both houses of Parliament. The proposal was defeated. The Australian Republican Movement continues to campaign for an end to the monarchy in Australia , opposed by Australians for Constitutional Monarchy and Australian Monarchist League . The Parliament exercises

4619-466: 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

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4768-577: 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

4917-527: The Supreme Court of Tasmania , who with W. Harrison Moore (a contributor to the first draft of 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

5066-470: 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

5215-728: The US there is only one common law of the nation, rather than a common law for each state. Additionally, unlike Canada and the US, there is no distinct federal common law. Federal judicial power is vested in the High Court of Australia and such other federal courts created by the Parliament, including the Federal Court of Australia , the Family Court of Australia , and the Federal Circuit Court of Australia . Additionally,

5364-464: The United States ( federalism , written constitution , strong bicameralism ), along with distinctive local features, and has therefore been characterised as a "Washminster mutation". Australia is a federation , with different powers and responsibilities for the three levels of government: the federal government, the states and territories and local government . The federal nature and

5513-734: The Whitlam government . When the non-Labor parties are in power, the prime minister makes all Cabinet and ministerial appointments at their own discretion, although in practice they consult with senior colleagues in making appointments. When the Liberal Party and its predecessors (the Nationalist Party and the United Australia Party ) have been in coalition with the National Party or its predecessor

5662-531: 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

5811-427: The head of government is the prime minister , currently Anthony Albanese . The country has maintained a stable liberal democratic political system under its Constitution , the world's tenth oldest , since Federation in 1901. Australia is the world's sixth oldest continuous democracy and largely operates as a two-party system in which voting is compulsory . The Economist Intelligence Unit rated Australia

5960-529: The judicial power of the Commonwealth of Australia. The High Court was constituted by the Judiciary Act 1903 (Cth) . The High Court is composed of seven Justices: the Chief Justice of Australia , presently Stephen Gageler , and six other Justices. The state supreme courts are also considered to be superior courts, those with unlimited jurisdiction to hear disputes and which are the pinnacle of

6109-463: The legislative power of the Commonwealth by enacting legislation. It also supervises the executive actions of the government, through activities such as question time and Senate estimates. The Australian Parliament is bicameral and consists of the King of Australia , the 76 member Senate (the upper house ) and the 151 member House of Representatives (the lower house ). The Australian government

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6258-761: The passage and adoption of the Statute of Westminster , the Monarch of Australia (along with the monarchies of the other dominions) is a separate office from the Monarch of the United Kingdom , despite being held by the same person. As such, in Commonwealth matters, the monarch is only advised by Commonwealth ministers. By the Royal Style and Titles Act 1953 , the Australian Parliament gave

6407-455: 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

6556-574: The British Parliament enacting laws to override the Australian Constitution was also removed. Federal elections are held at least once every three years. The prime minister can advise the governor-general to call an election for the House of Representatives at any time, but Senate elections can only be held within certain periods prescribed in the Australian Constitution . Although it is possible to hold elections for

6705-676: The Cabinet, and to carry out various other functions. All ministers are members of the council and are entitled to be styled The Honourable for life. The governor-general usually presides at council meetings, but in his or her absence another minister nominated as the Vice-President of the Executive Council presides at the meeting of the council. Since 1 June 2022, the vice-president of the Federal Executive Council has been Senator Katy Gallagher . The Cabinet of Australia

6854-589: The Commonwealth of Australia, her land and her people in the office of Prime Minister. The oath taken by a member of the navy , army or air force is: I, (name), swear that I will well and truly serve His Majesty King Charles the Third, His Heirs and Successors according to law, as a member of the (insert Royal Australian Navy, Australian Army, or Royal Australian Air Force) ... and that I will resist his enemies and faithfully discharge my duty according to law. SO HELP ME GOD! The affirmation: I, (name), promise that I will well and truly serve His Majesty King Charles

7003-666: 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

7152-464: The Constitution provides for the Australian government's legislative powers and allocates certain powers (known as heads of power ) to the federal government. All remaining legislative power is retained by the six states (previously separate colonies). Further, each state has its own constitution, so that Australia has seven parliaments, with legislative power shared between them. The High Court of Australia rules on legal disputes which arise between

7301-400: 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 the constitution to

7450-429: The Constitution, noting that the governor-general of Australia was distinguished from other imperial governors-general by 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

7599-415: 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

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7748-489: 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 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

7897-518: 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

8046-580: 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 the position of Robert Menzies in 1939, who assumed that

8195-435: The Executive Council in the absence of the governor-general. Until 1956 all members of the ministry were members of the Cabinet. The growth of the ministry in the 1940s and 1950s made this increasingly impractical, and in 1956 Robert Menzies created a two-tier ministry, with only senior ministers holding Cabinet rank, also known within parliament as the front bench . This practice has been continued by all governments except

8344-417: The Federal Executive Council meets solely to endorse and give legal force to decisions already made by the Cabinet. All members of the Cabinet are members of the Executive Council. While the governor-general is nominal presiding officer, they almost never attends Executive Council meetings. A senior member of the Cabinet holds the office of vice-president of the Executive Council and acts as presiding officer of

8493-415: 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

8642-572: The House and Senate separately, it is the convention to hold simultaneous elections for both houses; every national election since 1974 has been for both the House and the Senate. Voting has been compulsory federally since 1924, except for Indigenous Australians. All restrictions on Indigenous people's right to vote were removed in 1962, but this right remained optional until both voting and enrolment became compulsory in 1984. Federal enrolment for non-Indigenous Australians has been compulsory since 1911. Compulsory voting laws are actively enforced, with

8791-405: The House in order to obtain a seat, minor parties have often focused their election efforts on the upper house. This is true also at state level (only the two territories and Queensland are unicameral ). Historically it has been comparatively rarer for minor parties and independents to win seats in the House of Representatives, although the size of the crossbench has been on an increasing trend since

8940-468: The House of Representatives, usually around three years. The most recent general election was on 21 May 2022 . In the House of Representatives, also known as the people's house, 151 members are elected using full preferential voting in single member electorates (also known as seats ). Elections are held once at least every three years, however the prime minister (historically the Cabinet) may request

9089-480: The House of Representatives. The Leader of the Opposition heads shadow cabinet, composed of shadow ministers who mirror, scrutinise and oppose government ministers and act as the government in waiting. Although the government, by virtue of commanding a majority of members in the lower house of the Parliament, can usually pass its legislation and control the workings of the House, the opposition can considerably delay

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9238-473: 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

9387-480: 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

9536-483: The Northern Territory, the only territories represented in Senate, each elect only two. The federal government may only legislate on certain matters, with any remaining areas falling within the responsibility of the states. For example, the federal government has the responsibility for defence, inter-state trade and bankruptcy while the states have responsibility for healthcare and education. Additionally,

9685-544: The Oath of Allegiance in schools just like immigrants. In January 2020, then- Shadow Minister for Education Tanya Plibersek called for school children to learn the Australian citizenship pledge at school. When a member of parliament chooses to recite the oath, they often will swear-in on a religious book. Usually, this book is the Bible , but others have been used before by members of other religions. Those who do not follow

9834-520: 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

9983-451: The Parliament has the power to enact laws which vest federal authority in state courts. Since the Constitution requires a separation of powers at the federal level, only courts may exercise federal judicial power; and conversely, non-judicial functions cannot be vested in courts. State judicial power is exercised by each state's supreme court, and such other courts and tribunals created by the state parliaments. The High Court of Australia

10132-453: The Parliament of Australia, albeit with less representation in the Senate. Norfolk Island was self-governing from 1979 until 2015, although it was never represented as such in the Parliament of Australia. The other inhabited territories: Jervis Bay , Christmas Island and the Cocos (Keeling) Islands , have never been self-governing. The third level of governance is local government , in

10281-771: 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

10430-547: The Queen the title Queen of Australia , and in 1973 titles with any reference to her status as Queen of the United Kingdom and Defender of the Faith as well were removed. Under the conventions of the Westminster system the governor-general's powers are almost always exercised on the advice of the Prime Minister or other ministers. However, the governor-general retains some reserve powers , being powers not subject to

10579-409: The Senate can still block supply (the annual bill authorising government expenditure), but this has only happened once, during the 1975 Australian constitutional crisis . Parliamentarians belong to either the government, the opposition or sit on the cross-bench (which includes independents and members of minor parties). The opposition consists of members of the second largest party or coalition in

10728-406: The Senate. With the exception of a three-year period from 2005 to 2008, no party or coalition has held a majority in the Senate since 1981; this has required governments to frequently seek the support of minor parties or independent senators holding the balance of power in order to secure their legislative agenda. Because the Senate's system of single transferable voting requires a lower quota than

10877-676: The Third, His Heirs and Successors according to law, as a member of the (insert Royal Australian Navy, Australian Army, or Royal Australian Air Force) ... and that I will resist His enemies and faithfully discharge my duty according to law. The wording of the Oath of Allegiance taken by newly naturalising Australian citizens has changed over time. Australian nationality was created by the Nationality and Citizenship Act 1948 , which came into effect on 26 January 1949. British subjects could become Australian citizens after one year's residence in Australia as an immigrant by registration, and there

11026-576: The Third, His heirs and successors according to law, in the office of Governor-General of the Commonwealth of Australia, and I will do right to all manner of people after the laws and usages of the Commonwealth of Australia, without fear or favour, affection or ill will. So help me God! In addition to swearing the Oath of Allegiance upon becoming a parliamentarian, the Prime Minister , ministers and parliamentary secretaries also recite an Oath of Office upon entering office. The wording of this oath

11175-507: The Third, His heirs and successors according to law. where A.B. is the name of the parliamentarian. Upon taking office, a Governor-General-designate is required under the letters-patent of the office to take the above Oath of Allegiance as well as a separate Oath of Office, in the presence of the Chief Justice or another Justice of the High Court . The current form of the oath of office as taken by David Hurley is, I, (name), do swear that I will well and truly serve His Majesty King Charles

11324-465: 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,

11473-531: The administration of laws and common law . However, in accordance with Westminster system , there is no strict separation between the executive and legislative branches, with ministers required to also be members of the legislature. Only the High Court can deem if a law is constitutional or not. The Australian system of government combines elements derived from the political systems of the United Kingdom ( fused executive , constitutional monarchy ) and

11622-640: 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

11771-462: The approval of another person or institution. These are rarely exercised, but during the Australian constitutional crisis of 1975 Governor-General Sir John Kerr used them to dismiss the prime minister when he failed to secure supply. Australia has periodically experienced movements seeking to end the monarchy. In a 1999 referendum , the Australian people voted on a proposal to change the Constitution. The proposal would have removed references to

11920-531: The bottom layer includes public servants, police, government departments and independent statutory bodies who directly implement policy and laws. Executive power is also difficult to clearly define. In the British context, it was defined by John Locke as all government power not legislative or judicial in nature. The key distinction is that while legislative power involves setting down rules of general application, executive power involves applying those rules to specific situations. In practice however, this definition

12069-466: 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

12218-614: The court hierarchy within their jurisdictions. They were created by means of the constitutions of their respective states or the self government Acts for the ACT and the Northern Territory . Appeals may be made from state supreme courts to the High Court of Australia . Inferior courts are secondary to superior courts. Their existence stems from legislation and they only have the power to decide on matters which Parliament has granted them. Decisions in inferior courts can be appealed to

12367-517: 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

12516-473: 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

12665-520: 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 the assignment of powers by the monarch to

12814-427: 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

12963-491: The entirety of Mainland Australia at the federal and mainland state levels simultaneously (leaving Tasmania as the only state with a Liberal government), a feat that had last been achieved in 2007. This would last until 24 August 2024 when Labor lost government in the Northern Territory to the Country Liberal Party (CLP) opposition. The Liberal–National Coalition has never achieved this feat (control of

13112-581: The entirety of Mainland Australia at the federal and mainland state levels simultaneously) as of 2024. Queensland is regarded as comparatively conservative . Victoria and the Australian Capital Territory are regarded as comparatively left of centre . New South Wales, the largest state by population, as well as South Australia have often been regarded as politically moderate bellwether states. Western Australia, by contrast, tends to be more politically volatile; regarded as

13261-499: The exception of Queensland and the two territories, whose parliaments are unicameral. Each state has a governor , who undertakes a role equivalent to that of the governor-general at the federal level, and a premier , who is the head of government and is equivalent to the prime minister. Each state also has its own supreme court, from which appeals can be made to the High Court of Australia. State and territory elections occur every four years using fixed terms (except for Tasmania, where

13410-410: The federal government and the states and territories, or among the states and territories themselves. The monarch is the symbolic head of Australia and is ceremonially involved in all branches of the government, as a constitutive part of Parliament, formal holder of executive power and the person in whose name most criminal offences are brought. In a broader sense, the Crown represents the authority of

13559-481: The form of shires , towns or cities. The councils of these areas are composed of elected representatives (known as either councillor or alderman , depending on the state). Their powers are devolved to them by the state or territory in which they are located. The Australian Constitution sets down the powers and responsibilities of many of the institutions of the Australian Commonwealth. However,

13708-706: 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

13857-521: The functions of the head of state, leading some commentators to contend that the governor-general is the head of state . As a constitutional democracy , the role is limited to constitutional and ceremonial duties. Although the governor-general is the King's representative, and exercises various constitutional powers in his name, other powers they independently exercise in their own right. The governor-general also represents Australia internationally, through making and receiving state visits. Since at least

14006-453: 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

14155-444: The governor-general call a new election at any time (however, they retain the discretion to refuse if inadequate reasons for the election are given). However, as Senate elections must occur only during certain periods and as it is generally politically advantageous (while not legally required) to hold House elections at the same time, elections are generally restricted to a ten month window between August and May every three years, with

14304-418: 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

14453-438: 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

14602-500: 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

14751-524: 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

14900-663: 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 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

15049-465: 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

15198-438: 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

15347-406: 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

15496-407: 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

15645-399: 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

15794-494: The last split election in 1970 and 1972 . Unlike in the Senate, in which each state is represented equally, each state has a number of seats roughly proportional to its population. The prime minister is selected from the House, needing the support of the majority of members in order to be invited to form a government. Each chamber of Parliament has equal powers, with the exception that the Senate may not introduce "money bills" (new taxes or laws authorising expenditure). However,

15943-800: The latter is a "[promise] to which one binds oneself in swearing by things". There have been no changes since. There is also a variant known as the Australian Citizenship Affirmation that was first recited at Galston Park in NSW on Australia Day 1999 that reads: The Department of Home Affairs encourages use of this affirmation by school students and members of the general public including on such occasions as Harmony Day (21 March), Refugee Week , Australian Citizenship Day (17 September) and Australia Day (26 January). In February 2018, Peter Dutton , then Minister for Home Affairs , said he supports Australian school kids taking

16092-564: The limited revenue raising capabilities of the states. In addition, Australia has several territories, two of which are self-governing: the Australian Capital Territory and the Northern Territory . As these territories' legislatures exercise powers devolved to them by the Commonwealth, the Parliament of Australia has the authority to override their legislation and to alter their powers. Australian citizens in these territories are represented by members of both houses of

16241-463: The members of the parliamentary Labor Party, (the Caucus ) and the prime minister would retain the right to allocate portfolios. This practice was followed until 2007. Between 1907 and 2007, Labor Prime Ministers exercised a predominant influence over who was elected to Labor ministries, although the leaders of the party factions also exercised considerable influence. Prior to the 2007 general election ,

16390-473: 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 ,

16539-473: 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

16688-402: 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 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,

16837-422: 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

16986-503: The most conservative state during the 2000–10s, it has lately swung to rank amongst the most left-leaning states in the country. It is also known for historical secessionist sentiments. Local government in Australia is the lowest tier of government. Local governments are subject to the relevant states and territories . There is only one level of local government in Australia; with none of the distinctive local government types seen in other anglophone nations. Most local governments within

17135-459: The oath, though there was no requirement for new citizens to formally take steps under the law of their former country to renounce the previous citizenship. In 1973, the Whitlam government ended the preferential treatment for British subjects from 1 December 1973 and inserted a reference to the "Queen of Australia", to become: In 1986, the Hawke government removed the renunciation requirement and

17284-482: 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 the governor-general's position under the constitution. This remains the case even when

17433-496: 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

17582-611: 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

17731-404: The other two branches of government however, membership of the executive is not clearly defined. One definition describes the executive as a pyramid, consisting of three layers. At the top stands The King, as the symbolic apex and formal repository of executive power. Below him lies a second layer made up of the prime-minister, cabinet and other ministers who in practice lead the executive. Finally,

17880-552: 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

18029-595: The party or coalition that had majority support in the lower house and exercises both executive (as ministers) and legislative (through control of the House) power. The federal Parliament (as defined in section 1 of the Constitution ) comprises the monarch and is bicameral (has two chambers): the House of Representatives (lower house) and Senate (upper house). The House of Representatives has 151 members , each representing an individual electoral district of about 165,000 people. The Senate has 76 members: twelve from each of

18178-519: The passage of legislation and obstruct government business if it chooses. The day-to-day business of the House of Representatives is usually negotiated between the Leader of the House , appointed by the prime minister, and the Manager of Opposition Business in the House , appointed by the Leader of the Opposition . The executive's primary role is to implement the laws passed by the Parliament. Unlike

18327-409: The polity itself. However, in all these functions they are represented by the governor-general, whose appointment is the only mandatory function of the monarch. The monarch of Australia , currently Charles III , is also the monarch of the other Commonwealth realms , and the sovereign of the United Kingdom. The monarch is the head of state , however in almost all matters the governor-general performs

18476-481: 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

18625-474: 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

18774-634: The premier decides the date of the election). Thomas Playford served as Premier of South Australia and leader of the Liberal and Country League (LCL) from 5 November 1938 to 10 March 1965 (26 years). it was the longest term of any elected government leader in Australian history . Labor winning government in New South Wales on 25 March 2023 marked the second time in history that the Australian Labor Party gained control of

18923-400: 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

19072-504: 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,

19221-525: 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 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

19370-539: 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

19519-403: The prime minister, the cabinet and the other principles of responsible government are not explicitly mentioned in the document, along with most of the realities of exercise of executive power. This reflected the British influence on the document with its unwritten constitution . The Parliament of Australia can propose changes to the Constitution. To become effective, the proposals must be put to

19668-425: The requirement for candidates to state their names, the wording becoming: In 1994, Parliament passed a bill introduced by the Cabinet headed by Paul Keating and which replaced the oath with a Pledge of Commitment to "Australia": The prospective citizen has the option of making the pledge with or without the words "under God". The pledge differs from the oath, as the former is "the [thing] one swears by", while

19817-483: 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

19966-434: The senators from each state, except in the case of a double dissolution where all senators contest the election; senators representing the territories are elected and sworn into office simultaneously with the House of Representatives rather than the rest of the Senate. All senators are elected using the single transferable voting system of proportional representation, which has resulted in a greater presence of minor parties in

20115-417: The six states and two each from Australia's internal territories, the Australian Capital Territory and Northern Territory . Separation of powers is the principle the power of state should be shared between multiple bodies, in order to avoid the concentration of power in one entity. The legislature proposes and debates laws that the executive then administers, and the judicial arbitrates cases arising from

20264-564: 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 the Executive Government of the Commonwealth   ... The executive power of the Commonwealth, by section 61 of

20413-800: 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

20562-405: The states can agree to refer any of their powers to the Commonwealth government via legislation, as has been done to allow the Commonwealth to regulate corporations. The federal government can also significantly influence state legislation by making tied grants (money which comes with certain conditions). This is a significant power due to high levels of vertical fiscal imbalance arising because of

20711-553: The states have equivalent powers to each other; styles such as shire or city have only historical meaning. Oath of Allegiance (Australia)#Oath of Office All members of the Australian Parliament are required to make, before taking their seat in Parliament, an oath or affirmation of allegiance before the Governor-General of Australia . The requirement to take the oath is set out in section 42 of

20860-401: The structure of the Parliament of Australia were the subject of protracted negotiations among the colonies during the drafting of the Constitution. The House of Representatives is elected on a basis that reflects the differing populations of the states. Therefore, the most populous state, New South Wales , has 48 members, while the least populated, Tasmania , has only five. But the Senate

21009-589: The superior court in that area, and then to the High Court of Australia. Until the passage of the Australia Act 1986 , by the Australian and UK parliaments, some Australian cases could be referred to the British Judicial Committee of the Privy Council for final appeal. With this act, Australian law was made fully independent, and the High Court of Australia was confirmed as the highest court of appeal. The theoretical possibility of

21158-405: The then Leader of the Opposition, Kevin Rudd , said that he and he alone would choose the ministry should he become prime minister. His party won the election and he chose the ministry, as he said he would. However, in return for changes restricting the ability of Caucus to select the prime minister, in 2013 the right of Caucus to choose the ministry was restored. While Caucus rules are not public,

21307-431: 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 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

21456-402: The written Australian Constitution , which sets out Australia as a constitutional monarchy , governed via a parliamentary democracy in the Westminster tradition . Australia is also a federation , where power is divided between the federal government and the states . The monarch , currently King Charles III , is the head of state and is represented locally by the governor-general , while

21605-552: 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

21754-643: Was a previous governor of Victoria . He was selected in July 1900, returning to Australia shortly before the inauguration of the Commonwealth of Australia on 1 January 1901. After the initial confusion of the Hopetoun Blunder , he appointed the first prime minister of Australia , Edmund Barton , to a caretaker government, with the inaugural 1901 federal election not occurring until March. Politics of Australia#Federal nature [REDACTED] [REDACTED] The politics of Australia operates under

21903-460: Was in favour of the Cabinet meeting in other places, such as major regional cities. There are Commonwealth Parliament Offices in each state capital, with those in Sydney located in 1 Bligh Street . As a federation, in Australia judicial power is exercised by both federal and state courts. However, unlike the UK's multiple legal systems there is only one legal system and like Canada and unlike

22052-465: Was no requirement to attend a citizenship ceremony or take an oath of allegiance. Non-British subjects, on the other hand, were required to apply for naturalization, which had stricter requirements, including a five-year residency. They were required to attend a citizenship ceremony and swear an oath of allegiance, which was: In 1966, the Holt government added the clause "renouncing all other allegiance" to

22201-465: 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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