CHAP. 11] LEGAL BASIS 
73 
In the case of Western Australia there is more conscious 
effort to provide for ministerial responsibility. There is 
made provision for the payment of pensions to officers 
removed on political grounds: there is also a provision 
exactly like that in force in New South Wales, Queensland 
and South Australia, vesting the appointments of officers in 
the hands of the Governor in Council, except in the case of 
political offices, or of minor offices, which could be left by Act 
or order of the Governor in Council to the disposal of the 
heads of departments. A Civil List is provided with five 
ministerial salaries in return for the surrender of the Crown 
revenues. S. 24 of the Constitution lays down that officers 
holding offices of profit under the Crown shall lose office on 
election to the Parliament, but it excepts from the operation 
of this rule the five executive offices (one of which must be 
held by a member of the Legislative Council) of the Govern- 
ment liable to be vacated on political grounds, which shall 
be designated and declared by the Governor in Council within 
one month of the coming into operation of the Act. Mem- 
bers of Parliament accepting political office were to vacate 
their seats, but to be liable to re-election or, while the Council 
was nominee, to renomination. The Act 63 Vict. No. 19 
continues these provisions, but also provides definitely for 
the position of the Executive Government as follows — 
43. (1) There may be six principal executive offices of 
the Government liable to be vacated on political grounds and 
no more. (2) The said offices shall be such six offices as 
shall be designated and declared by the Governor in Council 
from time to time to be the six principal executive offices 
of the Government for the purposes of this Act. (3) One 
at least of such executive offices shall always be held by a 
member of the Legislative Council. 
the last sub-section repeating a provision as to the Council 
contained in s. 13 of the Constitution. The royal instructions 
recognize the right of the Governor to select such persons as 
he thinks fit to make up the Executive Council, and, as will 
be seen, the Acts do not actually refer in terms to the con- 
stitution of the Executive Council at all.