Appendices

Because most of the other changes are consequential and common to all models, in the interests of space we have, on this web site, provided a fully marked up amendment of the Australian Constitution only in respect of Model 2 (People nominate, Parliament appoints the President) and in respect of Model 4 (People Elect the President). We have used as a starting point the 1999 Constitution Amendment Bill which dealt comprehensively with the many obsolete provisions in the Constitution which would need to be changed regardless of the republican model finally proposed. What follows are the substantive changes each model would require.

Model 1 (Prime Minister appoints the President)

The first amended clause is a new Section 59 which simply restates the status quo in a republican context. Note that in section 59(3) it is stated that the President acts on the advice of the government of the day, but maintains, for the President's benefit, the reserve powers of the Governor General. The constitutional conventions are expressed to continue and thus may evolve in the future as they have in the past.

59 Executive power

1. The executive power of the Commonwealth is vested in the President, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth. The President shall be the head of state of the Commonwealth.
2. There shall be a Federal Executive Council to advise the President in the government of the Commonwealth, and the members of the Council shall be chosen and summoned by the President and sworn as Executive Councillors, and shall hold office during the pleasure of the President.
3. The President shall act on the advice of the Federal Executive Council, the Prime Minister or another Minister of State; but the President may exercise a power that was a reserve power of the Governor-General in accordance with the constitutional conventions relating to the exercise of that power.
   

The next amended clause relates to the appointment of the President, his term of office and remuneration.

60 The President

1. The Prime Minister shall, subject to sub section 2 hereof, by an instrument in writing appoint a named Australian citizen as President, such appointment to take effect from the date stipulated in the notice.
2. The person named in the Prime Minister's notice motion is qualified to be chosen as President if, at the date upon which the appointment is stated to take effect:
   (i) the person is qualified to be, and capable of being chosen as, a member of the House of Representatives; and
   (ii) the person is not a member of the Commonwealth Parliament or a State Parliament or Territory legislature or a member of a political party.
3. The actions of a person otherwise duly chosen as President under this section are not invalidated only because the person was not qualified to be chosen as President.
4. Each person chosen as President shall, before the term of office begins, make and subscribe before a Justice of the High Court an oath or affirmation of office in the form set forth in Schedule 1 to this Constitution.
   

61 Term of office and remuneration of President

1. The term of office of a President begins at the end of the term of office of the previous President. But if the office of President falls vacant, or the term of office of the outgoing President ends, before the day on which the incoming President makes the oath or affirmation of office, the incoming President's term of office begins on the day after that day.
2. The President holds office for five years but if, at the end of the term, a new President does not take office, the office of President does not thereby fall vacant and the outgoing President continues as President until the term of office of the next President begins.
3. A person may serve more than one term as President.
4. The President may resign by signed notice delivered to the Prime Minister.
5. The President shall receive such remuneration as the Parliament fixes. The remuneration of a President payable during a term of office shall not be altered during that term of office.
   

The next new section deals with the removal of the President. Again this is expressed as being entirely within the power of the Prime Minister, implemented in the same fashion as the appointment.

62 Removal of President

1. The Prime Minister may remove the President by an instrument in writing delivered to the President stating the date at which the removal shall take effect, provided that such date is not prior to the date of delivery of the instrument.
   

Finally there is provision for an acting President and deputies. This provision simply reflects existing practice.

63 Acting President and deputies

1. Until the Parliament otherwise provides, the longest-serving State Governor available shall act as President if the office of President falls vacant. A State Governor is not available if the Governor has been removed (as acting President) by the current Prime Minister under section 62.
2. Until the Parliament otherwise provides, the Prime Minister may appoint the longest-serving State Governor available to act as President for any period, or part of a period, during which the President is incapacitated.
3. The provisions of this Constitution relating to the President, other than sections 60 and 61, extend and apply to any person acting as President.
4. Until the Parliament otherwise provides, the President may appoint any person, or any persons jointly or severally, to be the President's deputy or deputies, and in that capacity to exercise during the pleasure of the President (including while the President is absent from Australia) such powers and functions of the President as the President thinks fit to assign to such deputy or deputies.
5. The appointment of such deputy or deputies shall not affect the exercise by the President personally (including while the President is absent from Australia) of any power or function.
6. A person shall not exercise powers or functions as the acting President unless, in respect of that occasion of acting as President, the person has made and subscribed, before a Justice of the High Court, the President's oath or affirmation of office in the form set forth in Schedule 1 to this Constitution.
7. A person shall not exercise powers or functions as the President's deputy unless, since being appointed as the President's deputy, the person has made and subscribed, before a Justice of the High Court, the President's oath or affirmation of office in the form set forth in Schedule 1 to this Constitution.
8. An acting President, or a person exercising powers or functions as the President's deputy, shall receive such allowances as the Parliament fixes.