Document ID: chunk:federal_register_of_legislation:C2023A00104:clause:1_5
Version: federal_register_of_legislation:C2023A00104
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 1867–3987

5  Notification of certain matters relating to Executive Councillors

Choosing, summoning and swearing of an Executive Councillor
 (1) If the Governor‑General has chosen, summoned and sworn an Executive Councillor as a member of the Federal Executive Council under section 62 of the Constitution, the Official Secretary to the Governor‑General must by notifiable instrument:
 (a) notify that the Executive Councillor has been so chosen, summoned and sworn; and
 (b) specify:
 (i) the name of the Executive Councillor; and
 (ii) the day (the swearing day) on which the Executive Councillor was so chosen, summoned and sworn.
 (2) The notifiable instrument under subsection (1):
 (a) must be made as soon as practicable after the swearing day; and
 (b) may comprise a copy of the instrument (the section 62 instrument) made by the Governor‑General notifying that the Governor‑General has chosen, summoned and sworn the Executive Councillor as a member of the Federal Executive Council under section 62 of the Constitution.
 (3) The validity of a section 62 instrument is not affected by any failure to comply with subsections (1) and (2).

Revocation of Executive Councillor's membership of the Federal Executive Council
 (4) If the Governor‑General revokes an Executive Councillor's membership of the Federal Executive Council, the Official Secretary to the Governor‑General must by notifiable instrument:
 (a) notify that the Executive Councillor's membership of the Federal Executive Council has been revoked by the Governor‑General; and
 (b) specify:
 (i) the name of the former Executive Councillor; and
 (ii) the day (the revocation day) on which the revocation occurred.
 (5) The notifiable instrument under subsection (4):
 (a) must be made as soon as practicable after the revocation day; and
 (b) may comprise a copy of the instrument (the section 62 revocation instrument) made by the Governor‑General revoking the Executive Councillor's membership of the Federal Executive Council.
 (6) The validity of a section 62 revocation instrument is not affected by any failure to comply with subsections (4) and (5).