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<blockquote data-quote="Philip_B" data-source="post: 77358849" data-attributes="member: 389027"><p>At the time Fr Brennan wrote that, Feb 22, 2023, it was relevant, as at that stage the proposed wording was being discussed. Since the 19th of June 2023 this is a somewhat moot point, as the wording has been passed in both houses of parliament, so what the words might have been is essentially now above our pay grade, we now must deal with the words that are.</p><p></p><p>It is unclear what the force of the words 'Executive Government' might mean. Given that the words are being placed in the Constitution I think a reasonable person would conclude that would be governed by chapter 2 of the Constitution entitled "Executive Government."</p><p></p><p style="margin-left: 20px"><a href="https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution/chapter2" target="_blank">Chapter II. The Executive Government.</a></p><p></p><p>A fair reading of that section would suggest that <em>The Voice</em> might make representations to the Ministers of State which in practical terms we might understand to be the Cabinet generally of ministers separately. It would be difficult to see how the body could make representations to the Governor General outside of cabinet, or what the Governor General could do about such advice unless there was a clear breach of natural justice. </p><p></p><p>There are no doubt several champagne lunches for the lawyers to tease all this out. </p><p></p><p>The basic premise should be what the words mean when read plainly, rather than what someone might be able to construe them to mean. I think the words have a clear enough plain meaning.</p></blockquote><p></p>
[QUOTE="Philip_B, post: 77358849, member: 389027"] At the time Fr Brennan wrote that, Feb 22, 2023, it was relevant, as at that stage the proposed wording was being discussed. Since the 19th of June 2023 this is a somewhat moot point, as the wording has been passed in both houses of parliament, so what the words might have been is essentially now above our pay grade, we now must deal with the words that are. It is unclear what the force of the words 'Executive Government' might mean. Given that the words are being placed in the Constitution I think a reasonable person would conclude that would be governed by chapter 2 of the Constitution entitled "Executive Government." [INDENT][URL="https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution/chapter2"]Chapter II. The Executive Government.[/URL][/INDENT] A fair reading of that section would suggest that [I]The Voice[/I] might make representations to the Ministers of State which in practical terms we might understand to be the Cabinet generally of ministers separately. It would be difficult to see how the body could make representations to the Governor General outside of cabinet, or what the Governor General could do about such advice unless there was a clear breach of natural justice. There are no doubt several champagne lunches for the lawyers to tease all this out. The basic premise should be what the words mean when read plainly, rather than what someone might be able to construe them to mean. I think the words have a clear enough plain meaning. [/QUOTE]
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