Section 61

Executive power

The executive power of the Commonwealth is vested in the Queen and is exerciseable by the Governor-General as the Queen’s representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.

Related Cases

2009Pape v Commissioner of TaxationRecognised the Commonwealth's executive power under s 61 as an independent source of spending power in circumstances of national emergency, upholding the stimulus payments during the Global Financial Crisis 2012Williams v CommonwealthHeld that the Commonwealth executive power does not extend to entering into contracts and spending money on any subject; Commonwealth funding of the National School Chaplaincy Programme required legislative authorisation under a head of power

Related Referendums

1999RepublicDefeated — 45.13% yes