Editing Australian Defence Force (section)

==Legal standing==
[[Section 51(vi) of the Constitution of Australia|Section 51(vi)]] of the [[Australian Constitution]] gives the [[Australian Parliament]] the power to make laws regarding Australia's defence and defence forces and section 114 prevents the [[States and territories of Australia|states]] from raising armed forces without the permission of the Commonwealth. Under [[Section 119 of the Constitution of Australia|section 119]] the Commonwealth is assigned responsibility for defending Australia from invasion.{{sfn|Khosa|2010|p=2}}

The Constitution states that the [[Governor-General of Australia|governor-general]] is the commander-in-chief of the ADF.<ref name="ACs68">{{Cite Legislation AU|Cth|act|coaca430|Australian Constitution|68}}.</ref> In practical terms, this role is largely ceremonial.<ref>{{Cite web |last=Twomey |first=Anne |author-link=Anne Twomey (academic) |date=3 September 2024 |title=Explainer: the governor-general is also commander-in-chief of the defence forces. What does this mean in practice? |url=https://theconversation.com/explainer-the-governor-general-is-also-commander-in-chief-of-the-defence-forces-what-does-this-mean-in-practice-237959 |website=[[The Conversation (website)|The Conversation]] |language=en-AU}}</ref><ref>{{cite web |title=The role of the Governor-General |url=https://www.gg.gov.au/about-governor-general/role-governor-general |publisher=The Governor-General of the Commonwealth of Australia |access-date=5 August 2024}}</ref> The governor-general exercises this power based on [[Advice (constitutional law)|advice]] from the [[Prime Minister of Australia|prime minister]] following deliberations of the [[National Security Committee (Australia)|National Security Committee of Cabinet]] (NSC) that considers important national security matters.{{sfn|JSCFADT|2023|p=10}}<ref>{{cite web |title=National Security Committee |url=https://www.directory.gov.au/commonwealth-parliament/cabinet/cabinet-committees/national-security-committee |access-date=18 August 2024 |website=Directory.gov.au |publisher=Australian Government}}</ref> The elected government more commonly controls the ADF through the [[Minister for Defence (Australia)|minister for Defence]], who has the power under section 8 of the ''[[Defence Act 1903]]'' over the "general control and administration of the Defence Force".{{sfn|Khosa|2011|p=2}}<ref>{{Cite Legislation AU|Cth|act|da190356|Defence Act 1903|8}}</ref>

The power to commit the ADF to armed conflict involves the exercise of a [[Royal prerogative|prerogative power]] of the executive government falling under [[Chapter II of the Constitution of Australia#Section 61: Executive power|section 61 of the Constitution]] or as a possible alternative, the exercise of a ministerial power granted under the ''Defence Act 1903''.{{Efn|Australian forces were committed in the [[Iraq War]] through powers under the ''Defence Act 1903'' rather than through prerogative powers that would have required the involvement of the governor-general.{{sfn|JSCFADT|2023|pp=9–15}} The legality of this method has been questioned.<ref>{{Cite journal |last=Sampford |first=Charles |last2=Palmer |first2=Margaret |date=2009 |title=The Constitutional Power to Make War: Domestic Legal Issues Raised by Australia's Action in Iraq |url=https://research-repository.griffith.edu.au/bitstream/handle/10072/30152/63039_1.pdf |journal=Griffith Law Review |volume=18 |issue=1 |doi=10.1080/10383441.2009.10854646 |issn=1038-3441}}</ref>}} Under contemporary practice, this power is exercised by the NSC without involving the governor-general.{{sfn|McKeown|Jordan|2010|p=2}}{{sfn|JSCFADT|2023|pp=14,17-18}}<ref>{{cite web |title=Memorandum on Government Conventions Relating to Overseas Armed Conflict Decision Making |url=https://www.pmc.gov.au/resources/memorandum-government-conventions-armed-conflict |website=[[Department of the Prime Minister and Cabinet (Australia)|Department of the Prime Minister and Cabinet]] |publisher=Australian Government |access-date=24 December 2024 |date=27 November 2024}}</ref> The NSC may refer its decision to the full [[Cabinet of Australia|Cabinet]] for its endorsement.{{sfn|PM&C|2022|p=41}} The Commonwealth Government has never been required by the Constitution or legislation to seek [[Parliament of Australia|parliamentary]] approval for decisions to deploy military forces overseas or go to war.{{sfn|McKeown|Jordan|2010|p=1}}{{sfn|Nelson|2015|p=3}}