The present incarnation of the position emerged with the Federation of Australia and the New South Wales Constitution Act 1902, which defined the viceregal office as the Governor acting by and with the Advice of the Executive Council of New South Wales.

The present incarnation of the position emerged with Canadian Confederation and the British North America Act in 1867, which defined the viceregal office as the " Governor General acting by and with the Advice of the Queen's Privy Council for Canada.

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