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© 2005 David Latimer

SIX ESSENTIAL AMENDMENTS TO THE CONSITUTION

Below are six essential amendments required to implement the Honorary President Republican Model in the constitution. An additional fifteen sections mention the Queen in passing terms, such as "Queen's ministers" and "Queen's representatives."

For these essential sections, each replaces an existing section in the constitution. This page is linked to the Senate Submission, where a full explanation is provided.

2 Appointment of the Governor General

After a nomination, by message from the Prime Minister or, in the absence of the Prime Minister the most senior minister of the Federal Executive Council, to the Honorary President, the Honorary President may remove the current Governor General and appoint the nominated person to the office of Governor General.

4 Powers of the Governor General

The Governor General shall be the representative of the Honorary President in the Parliament of the Commonwealth and may exercise in the Parliament, subject to this constitution, the powers and functions of the Presidency. During any vacancy of office, period of incapacity or absence from the Commonwealth of the Governor-General, the provisions of this constitution relating to the Governor-General shall recursively extend and apply to the longest-serving State Governor.

59 Powers of the Honorary President

An Honorary President, chosen by the people of the Commonwealth acting as one electorate shall hold the most senior office of the Presidency, holding all the executive powers and functions of the Commonwealth, however these powers and functions shall only be exercised:

  1. by representing the Presidency in a lawful ceremony or occasion;
  2. by appointing and removing Governors-General in accordance with this constitution;
  3. by delegating federal powers and functions to the Governor General;
  4. by declaring, by signed instrument, the validity of the Governor General's authority regarding external affairs;
  5. by appointing and removing Governors and Lieutenant Governors of a state, in accordance with the constitution of that state; and
  6. regarding a state, as directed by the constitution of that state.

Any exercise of power or function by the Honorary President, except in accordance with this section of this constitution shall have no validity and may be regarded as an improper exercise of power or function, however any improper exercise of power or function by the Honorary President shall not, in consequence, affect the validity of any exercise of a power or function by a Governor General or Governor. Furthermore, the Governor General or the Governor of a state may continue to exercise a power or function of the Presidency by precedent, until referenced by a subsequent delegation, and the Governor General shall continuously be able to exercise, on behalf of the Presidency, executive powers of the Commonwealth for the execution and maintenance of its laws and this, its constitution.

60 Election and Term of the Honorary President

The Parliament shall make laws for the conduct of the election and term of the Honorary President providing, but not limited to providing, for:

  1. the qualification of candidates
  2. the nomination of candidates by
    1. any state parliament, where one former Governor or one former Lieutenant Governor of that state is nominated; and
    2. the Federal Parliament, where one former Governor General is nominated.
    3. public petition, up to three showing the greatest support;
  3. the disqualification of candidates who have or in recent years have had an association or membership of a political party;
  4. limitations on re-nomination;
  5. the appointment of one or more Honorary Vice Presidents from the group of candidates;
  6. annual salary and expenses;
  7. a term of five years, extensible in lots of six months to a maximum of eight years for the purpose of coordination with other elections;
  8. restrictions on holding other offices under this constitution;
  9. the resignation of the Honorary President or Honorary Vice President; and
  10. the assumption of office by an Honorary Vice President

61 Removal of Honoraries

An Honorary President or an Honorary Vice President, may be permanently removed by the Governor General, on an address from both Houses of Parliament in the same session praying for such removal on the grounds of:

  1. proved misbehaviour;
  2. incapacity;
  3. improper exercise of powers;
  4. holding foreign citizenship; or
  5. activity in a political party.

126 The Saving of Powers and Functions

At the commencement of the term of the first Honorary President, in respect to Australia:

  1. the Presidency shall be the successor to the Queen and the Crown;
  2. the validity and continued effect of the Queen’s powers and functions shall be held in the Presidency; and
  3. the validity and continued effect of the Crown shall be held in the Presidency and where the Presidency is holding this validity or effect it may continue to be referenced as the "Crown" or it may be referenced as the "Presidency."

However, notwithstanding anything in this section, the Queen shall continue to be recognised as Head of the Commonwealth of Nations and Australia’s membership of it shall continue until the Parliament otherwise provides.