Apologies for the belated reply but time zones, return to work, that sort of stuff.
Hence this is a fundamentally different situation to other Commonwealth countries e.g. New Zealand and Canada where that statement is explicit.
With that piece of deft drafting Australia effectively became independent when Queen Victoria signed the Royal Commission of Assent 9 July 1900 without all that troublesome and bloody War of Independence thing.
Certainly it wasn’t acknowledged by the British at the time, (or by some Australian departments now) nor did Victoria have any intention of handing over one of her possessions. Indeed, Victoria appended with the founding documents with her royal assent the Letters Patent, instructions for her choice of representative (Lord Hopetoun) creating a vice-regal officer “who shall have and may exercise in the Commonwealth during the Queen’s pleasure … such powers and functions of the Queen as Her Majesty may be pleased to assign to him … but subject to this Constitution”.
The idea here being that the GG was appointed by the Crown and served to ensure the best interests of Britain in trade and diplomacy were maintained in the newly founded commonwealth.
But the codicil, a legacy of the victory of Parliament over the King from 17th century English Civil War renders the Letters Patent themselves unconstitutional.
The prerogative of the Crown to appoint the role Australian Governor General to a favoured British aristocrat was challenged in 1930 when Prime Minister Scullin nominated then Chief Justice of the High Court Isaacs Isaacs to be Governor General. Initially King George V was opposed to the idea but eventually consented. Which became the current protocol that the Monarch of Australia’s only constitutional role is to appoint the person nominated by the Australian Prime Minister.
Again, unlike other members of the Commonwealth, the powers of the Australian Constitution i.e. the Federal Executive Council, the head of the military and the reserve powers are all vested with the Governor General.
Prior to the 1954 royal visit to Australia, the first by a reigning monarch, the Government wanted to involve the Queen in some formal processes of government. But advise from the Government’s legal advisers ie the Chief Justice of the Federal High Court was that:
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- The Constitution placed all constitutional powers (other than the power to appoint the Governor-General) in the hands of the Governor-General
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- The Governor-General exercised these constitutional powers in their own right, and not as a representative or surrogate of the Sovereign.
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- The Governor-General’s statutory powers conferred on by legislation passed by the Commonwealth Parliament were also conferred on the Governor-General in their own right and could be exercised by no one else—not even the Sovereign.
Consequently, though in the past a regular visitor QEII has never, during these tours of Australia, exercised any of the constitutional powers vested with the Governor General. And has never done so while in the UK.
On the other hand, the Governor General, exercises them constantly without controversy.
So even if QEII was the Australian Head of State, you couldn’t tell the difference.
You might make the argument that under the Australian Constitution there are two heads of state—a symbolic head of state in the Sovereign, and a constitutional head of state in the Governor-General.