Commonwealth of Australia Constitution Act.
AN ACT
TO
Constitute the Commonwealth of Australia.
Cap. 12. [9t” July 1900]
La Reyne le veult
[63 & 64 VICT.] Commonwealth of Austrdlia
Constitution Act.
CHAPTER 12.
An Act to constitute the Commonwealth of Australia.
[9th July 1900]
WHEREAS the people of New South Wales, Victoria,
South Australia, Queensland, and Tasmania, humbly relying on the
blessing of Almighty God, have agreed to unite in one indissoluble
Federal Commonwealth under the Crown of the United Kingdom of Great
Britain and Ireland, and under the Constitution hereby
established:
And whereas it is expedient to provide for the
admission into the Commonwealth of other Australasian Colonies and
possessions of the Queen:
Be it therefore enacted by the Queen’s most
Excellent Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:—
- This Act may be cited as the Commonwealth of
Australia Constitution Act. - The provisions of this Act referring to the
Queen shall extend to Her Majesty’s heirs and successors in the
sovereignty of the United Kingdom. - It shall be lawful for the Queen, with the
advice of the Privy Council, to declare by proclamation that, on
and after a day therein appointed, not being later than one year
after the passing of this Act, the people of New South Wales,
Victoria, South Australia, Queensland, and Tasmania, and also, if
Her Majesty is satisfied that the people of Western Australia have
agreed thereto, of Western Australia, shall be united in a Federal
Commonwealth under the
A+ 1
[CH.12]
A.D. 1900
Short title.
Act to extend to the Queen’s
SuCcessors.
Proclamation of Commonwealth.
[CH. 12.]
A.D. 1900.
Commencement of Act.
Operation of the constitution and laws.
Definitions.
Repeal of Federal Council Act.
48 & 49 Vict. c. 60.
Application of Colonial Boundaries Act.
58 & 59 Vict. c. 34.
Commonwealth of Austrdlia [63 & 64 VICT.]
Constitution Act.
name of the Commonwealth of Australia. But the
Queen may, at any time after the proclamation, appoint a
Governor-General for the Commonwealth.
4, The Commonwealth shall be established, and the
Constitution of the Commonwealth shall take effect, on and after
the day so appointed. But the Parliaments of the several colonies
may at any time after the passing of this Act make any such laws,
to come into operation on the day so appointed, as they might have
made if the Constitution had taken effect at the passing of this
Act. - This Act, and all laws made by the Parliament of
the Commonwealth under the Constitution, shall be binding on the
courts, judges, and people of every State and of every part of the
Commonwealth, notwithstanding anything in the laws of any State;
and the laws of the Commonwealth shall be in force on all British
ships, the Queen’s ships of war excepted, whose first port of
clearance and whose port of destination are in the
Commonwealth. - “ The Commonwealth “ shall mean the Commonwealth
of Australia as established under this Act.
“ The States “ shall mean such of the colonies of
New South Wales, New Zealand, Queensland, Tasmania, Victoria,
Western Australia, and South Australia, including the northern
territory of South Australia, as for the time being are parts of
the Commonwealth, and such colonies or territories as may be
admitted into or established by the Commonwealth as States; and
each of such parts of the Commonwealth shall be called “a State.” “
Original States “ shall mean such States as are parts of the
Commonwealth at its establishment. - The Federal Council of Australasia Act, 1885, is
hereby repealed, but so as not to affect any laws passed by the
Federal Council of Australasia and in force at the establishment of
the Commonwealth.
Any such law may be repealed as to any State by the
Parliament of the Commonwealth, or as to any colony not being a
State by the Parliament thereof. - After the passing of this Act the Colonial
Boundaries Act, 1895, shall not apply to any colony which becomes a
State of the Commonwealth; but the Commonwealth shall be taken to
be a self-governing colony for the purposes of that Act.
2
[63 & 64 VICT.] Commonwealth of Austrdlia
Constitution Act. - The Constitution of the Commonwealth shall be as
follows:—
THE CONSTITUTION.
This Constitution is divided as follows:—
Chapter [.—The Parliament: Part I—General:
Part II.—The Senate:
Part III.—The House of Representatives: Part
IV.—Both Houses of the Parliament: Part V.—Powers of the
Parliament: Chapter II.—The Executive Government: Chapter III.—The
Judicature:
Chapter IV.—Finance and Trade: Chapter V.—The
States:
Chapter VI.—New States:
Chapter VII.—Miscellaneous:
Chapter VIII.—Alteration of the Constitution. The
Schedule.
CHAPTERL THE PARLIAMENT. PART L.—GENERAL.
The legislative power of the Commonwealth shall be
vested in a Federal Parliament, which shall consist of the Queen, a
Senate, and a House of Representatives, and which is herein-after
called “The Parliament,” or “The Parliament of the
Commonwealth.”
A Governor-General appointed by the Queen shall be
Her Majesty’s representative in the Commonwealth, and shall have
and may exercise in the Commonwealth during the Queen’s pleasure,
but subject to this Constitution, such powers and functions of the
Queen as her Majesty may be pleased to assign to him. There shall
be payable to the Queen out of the Consolidated Revenue fund of the
Commonwealth, for the salary of the Governor-General, and annual
sum which, until the Parliament otherwise provides, shall be ten
thousand pounds.
The salary of a Governor-General shall not be
altered during his continuance in office.
A. . The provisions of this Constitution relating
to the Governor-General extend and apply to the Governor- General
for the time being, or such person as the Queen may appoint to
administer the Government of the Commonwealth; but no such person
shall be entitled to receive any salary from the Commonwealth in
respect of any other office during his administration of the
Government of the Commonwealth.
A2 3
[CH. 12.]
A.D. 1900
Constitution.
Chap. I
The Parliament.
Part I. General.
Legislative Power.
Governor- General.
Salary of Governor General.
Provisions relating to Governor- General.
[CH. 12.]
A.D. 1900. Sessions of
Parliament. Prorogation
and dissolution
Summoning Parliament. First session.
Yearly session of Parliament.
Part II.
The Senate.
The Senate.
Qualification of electors.
Method of election of senators.
Times and places.
Applications of State laws.
Failure to choose
senators.
Issue of writs.
Commonwealth of Austrdlia Constitution Act.
[63 & 64 VICT.] - The Governor-General may appoint such times for
holding the sessions of the Parliament as he thinks fit, and may
also from time to time, by Proclamation or otherwise, prorogue the
Parliament, and may in like manner dissolve the House of
Representatives.
After any general election the Parliament shall be
summoned to meet not later than thirty days after the day appointed
for the return of the writs.
The Parliament shall be summoned to meet not later
than six months after the establishment of the Commonwealth. - There shall be a session of the Parliament once
at least in every year, so that twelve months shall not intervene
between the last sitting of the Parliament in one session and its
first sitting in the next session.
PART II. THE SENATE. - The Senate shall be composed of senators for
each State, directly chosen by the people of the State, voting,
until the Parliament otherwise provides, as one electorate.
But until the Parliament of the Commonwealth
otherwise provides, the Parliament of the State of Queensland, if
that State be an Original State, may make laws dividing the State
into divisions and determining the number of senators to be chosen
for each division, and in the absence of such provision the State
shall be one electorate.
Until the Parliament otherwise provides there shall
be six senators for each Original State. The Parliament may make
laws increasing or diminishing the number of senators for each
State, but so that equal representation of the several Original
States shall be maintained and that no Original State shall have
less than six senators.
The senators shall be chosen for a term of six
years, and the names of the senators chosen for each State shall be
certified by the Governor to the Governor-General. - The qualification of electors of senators shall
be in each State that which is prescribed by this Constitution, or
by the Parliament, as the qualification for electors of members of
the House of Representatives; but in the choosing of senators each
elector shall vote only once. - The Parliament of the Commonwealth may make laws
prescribing the method of choosing senators, but so that the method
shall be uniform for all the States. Subject to any such law, the
Parliament of each State may make laws prescribing the method of
choosing the senators for that State.
The Parliament of a State may make laws for
determining the times and places of elections of senators for the
State. - Until the Parliament otherwise provides, but
subject to this Constitution, the laws in force in each State, for
the time being, relating to elections for the more numerous House
of the Parliament of the State shall, as nearly as practicable,
apply to elections of senators for the State. - The Senate may proceed to the despatch of
business, notwithstanding the failure of any State to provide for
its representation in the Senate. - The Governor of any State may cause writs to be
issued for elections of senators for the State. In case of the
dissolution of the Senate the writs shall be issued within ten days
from the proclamation of such dissolution.
4
[63 &64 VICT.] Commonwealth of Austrdlia [CH.
12.] Constitution Act. - As soon as may be after the Senate first meets,
and after each A.D. 1900.
first meeting of the Senate following a dissolution
thereof, the Senate shall divide the senators chosen for each State
into two classes, as nearly equal in number as practicable; and the
places of the senators of the first class shall become vacant at
the expiration of the third year, and the places of those of the
second class at the expiration of the sixth year, from the
beginning of their term of service; and afterwards the places of
senators shall become vacant at the expiration of six years from
the beginning of their term of service.
The election to fill vacant places shall be made in
the year at the expiration of which the places are to become
vacant.
For the purposes of this section the term of
service of a senator shall be taken to begin on the first day of
January following the day of his election, except in the cases of
the first election and of the election next after any dissolution
of the Senate, when it shall be taken to begin on the first day of
January preceding the day of his election. - Whenever the number of senators for a State is
increased or Further
diminished, the Parliament of the Commonwealth may
make such rpgtoa\;(s)lr?n for
provision for the vacating of the places of
senators for the State as ‘ it deems necessary to maintain
regularity in the rotation. - If the place of a senator becomes vacant before
the expiration ~Casual
of his term of service, the Houses of Parliament of
the State for V*“”<¢
which he was chosen shall, sitting and voting
together, choose a person to hold the place until the expiration of
the term, or until the election of a successor as hereinafter
provided, whichever first happens. But if the Houses of Parliament
of the State are not in session at the time when the vacancy is
notified, the Governor of the State, with the advice of the
Executive Council thereof, may appoint a person to hold the place
until the expiration of fourteen days after the beginning of the
next session of the Parliament of the State, or until the election
of a successor, whichever first happens.
At the next general election of members of the
House of Representatives, or at the next election of senators for
the State, whichever first happens, a successor shall, if the term
has not then expired, be chosen to hold the place from the date of
his election until the expiration of the term.
The name of any senator so chosen or appointed
shall be certified by the Governor of the State to the
Governor-General. 16. The qualifications of a senator shall be the
same as those ofa Qualifications
member of the House of Representatives. of
senator. - The Senate shall, before proceeding to the
despatch of any Election of
other business, choose a senator to be the
President of the Senate; Fresident
and as often as the office of President becomes
vacant the Senate shall again choose a senator to be the
President.
The President shall cease to hold his office if he
ceases to be a senator. He may be removed from office by a vote of
the Senate, or he may resign his office or his seat by writing
addressed to the Governor-General. - Before or during any absence of the President,
the Senate Absence of
may choose a senator to perform his duties in his
absence. President.
Rotation of Senators.
A3 5 [CH. 12.]
A.D. 1900.
Resignation of
senator.
Vacancy by absence.
Vacancy to be notified.
Quorum.
Voting in Senate.
Part III.
House of
Representatives.
Constitution of House of
Representatives.
Provision as
to races
disqualified from voting.
Representatives in first Parliament.
Commonwealth of Australia Constitution Act.
[63 & 64 VICT.] - A senator may, by writing addressed to the
President, or to the Governor-General if there is no President or
if the President is absent from the Commonwealth, resign his place,
which thereupon shall become vacant. - The place of a senator shall become vacant if
for two consecutive months of any session of the Parliament he,
without the permission of the Senate, fails to attend the
Senate. - Whenever a vacancy happens in the Senate, the
President, or if there is no President or if the President is
absent from the Commonwealth the Governor-General, shall notify the
same to the Governor of the State in the representation of which
the vacancy has happened. - Until the Parliament otherwise provides, the
presence of at least one-third of the whole number of the senators
shall be necessary to constitute a meeting of the Senate for the
exercise of its powers. - Questions arising in the Senate shall be
determined by a majority of votes, and each senator shall have one
vote. The President shall in all cases be entitled to vote; and
when the votes are equal the question shall pass in the
negative.
PART IIl THE HOUSE OF REPRESENTATIVES. - The House of Representatives shall be composed
of members directly chosen by the people of the Commonwealth, and
the number of such members shall be, as nearly as practicable,
twice the number of the senators.
The number of members chosen in the several States
shall be in proportion to the respective numbers of their people,
and shall, until the Parliament otherwise provides, be determined,
whenever necessary, in the following manner:—
(i) A quota shall be ascertained by dividing the
number of the people of the Commonwealth, as shown by the latest
statistics of the Commonwealth, by twice the number of the
senators: (ii.) The number of members to be chosen in each State
shall be determined by dividing the number of the people of the
State, as shown by the latest statistics of the Commonwealth, by
the quota; and if on such division there is a remainder greater
than one-half of the quota, one more member shall be chosen in the
State.
But notwithstanding anything in this section, five
members at least shall be chosen in each Original State. - For the purposes of the last section, if by the
law of any State all persons of any race are disqualified from
voting at elections for the more numerous House of the Parliament
of the State, then, in reckoning the number of the people of the
State or of the Commonwealth, persons of that race resident in that
State not be counted. - Notwithstanding anything in section
twenty-four, the number of members to be chosen in each State at
the first election shall be as follows:
New South Wales twenty-three; Victoria twenty;
Queensland eight; South Australia six; Tasmania five;
[63 & 64
VICT.] Commonwealth of Australia
Constitution Act.
Provided that if Western Australia is an Original
State, the numbers shall be as follows:—
New South Wales twenty-six; Victoria twenty-three;
Queensland nine; South Australia seven; Western Australia five;
Tasmania -five. - Subject to this Constitution, the Parliament
may make laws for increasing or diminishing the number of the
members of the House of Representatives. - Every House of Representatives shall continue
for three years from the first meeting of the House, and no longer,
but may be sooner dissolved by the Governor-General. - Until the Parliament of the Commonwealth
otherwise provides, the Parliament of any State may make laws for
determining the divisions in each State for which members of the
House of Representatives may be chosen, and the number of members
to be chosen for each division. A division shall not be formed out
of parts of different States. In the absence of other provision,
each State shall be one electorate. - Until the Parliament otherwise provides, the
qualification of electors of members of the House of
Representatives shall be in each State that which is prescribed by
the law of the State as the qualification of electors of the more
numerous House of Parliament of the State; but in the choosing of
members each elector shall vote only once. - Until the Parliament otherwise provides, but
subject to this Constitution, the laws in force in each State for
the time being relating to elections for the more numerous House of
the Parliament of the State shall, as nearly as practicable, apply
to elections in the State of members of the House of
Representatives. - The Governor-General in Council may cause writs
to be issued for general elections of members of the House of
Representatives.
After the first general election, the writs shall
be issued within ten days from the expiry of a House of
Representatives or from the proclamation of a dissolution
thereof. - Whenever a vacancy happens in the House of
Representatives, the Speaker shall issue his writ for the election
of a new member, or if there is no Speaker or if he is absent from
the Commonwealth the Governor-General in Council may issue the
writ. - Until the Parliament otherwise provides, the
qualifications of a member of the House of Representatives shall be
as follows:— - He must be of the full age of twenty-one years,
and must be an elector entitled to vote at the election of members
of the house of Representatives, or a person qualified to become
such elector, and must have been for three years at the least a
resident within the limits of the Commonwealth as existing at the
time when he is chosen:
(ii) He must be a subject of the Queen, either
natural-born or for at least five years naturalized under a law of
the United Kingdom, or of a
A4 7
[CH.12.]
A.D. 1900.
Alteration of number of members.
Duration of House of
Representatives.
Electoral Divisions.
Qualification of electors.
Application of State laws.
Writs for general election.
Writs for vacancies.
Qualifications of members. [CH.12.]
A.D. 1900
Election of Speaker.
Absence of Speaker.
Resignation of member.
Vacancy by absence.
Quorum.
Voting in
House of
Representatives.
Part IV.
Both Houses
of the Parliament. Right of
electors of States.
Oath of
affirmation of allegiance.
Member of one House ineligible for other.
Disqualification.
Commonwealth of Australia [63 & 64 VICT.]
Constitution Act.
Colony which has become or becomes a State, or of
the Commonwealth, or of a State. - The House of Representatives shall, before
proceeding to the despatch of any other business, choose a member
to be the Speaker of the House, and as often as the office of
Speaker becomes vacant the House shall again choose a member to be
the Speaker.
The Speaker shall cease to hold his office if he
ceases to be a member. He may be removed from office by a vote of
the House, or he may resign his office or his seat by writing
addressed to the Governor-General. - Before or during any absence of the Speaker,
the House of Representatives may choose a member to perform his
duties in his absence. - A member may by writing addressed to the
Speaker, or to the Governor-General if there is no Speaker or if
the Speaker is absent from the Commonwealth, resign his place,
which thereupon shall become vacant. - The place of a member shall become vacant if
for two consecutive months of any session of the Parliament he,
without the permission of the House, fails to attend the House. - Until the Parliament otherwise provides, the
presence of at least one-third of the whole number of the members
of the House of Representatives shall be necessary to constitute a
meeting of the House for the exercise of its powers. - Questions arising in the House of
Representatives shall be determined by a majority of votes other
than that of the Speaker. The Speaker shall not vote unless the
numbers are equal, and then he shall have a casting vote.
PART IV — BOTH HOUSES OF THE PARLIAMENT. - No adult person who has or acquires a right to
vote at elections for the more numerous House of the Parliament of
a State shall, while the right continues, be prevented by any law
of the Commonwealth from voting at elections for either House of
the Parliament of the Commonwealth. - Every senator and every member of the House of
Representatives shall before taking his seat make and subscribe
before the Governor-General, or some person authorised by him, an
oath or affirmation of allegiance in the form set forth in the
schedule to this Constitution. - A member of either House of the Parliament
shall be incapable of being chosen or of sitting as a member of the
other House. - Any person who—
(i) Is under any acknowledgment of allegiance,
obedience, or adherence to a foreign power, or is a subject or a
citizen or entitled to the rights or privileges of a subject or a
citizen of a foreign power: or
(ii) Is attainted of treason, or has been convicted
and is under sentence, or subject to be sentenced, for any offence
punishable under the law of the Commonwealth or of a State by
imprisonment for one year or longer: or (iii) Is an undischarged
bankrupt or insolvent: or 8
[63 & 64 VICT.] Commonwealth of Australia
Constitution Act.
(iv.) Holds any office of profit under the Crown,
or any pension payable during the pleasure of the Crown out of any
of the revenues of the Commonwealth: or
(v.) Has any direct or indirect pecuniary interest
in any agreement with the Public Service of the Commonwealth
otherwise than as a member and in common with the other members of
an incorporated company consisting of more than twenty-five
persons:
shall be incapable of being chosen or of sitting as
a senator or a member of the House of Representatives.
But sub-section iv. Does not apply to the office of
any of the Queen’s Ministers of State for the Commonwealth, or of
any of the Queen’s Ministers for a State, or to the receipt of pay,
half pay, or a pension, by any person as an officer or member of
the Queen’s navy or army, or to the receipt of pay as an officer or
member of the naval or military forces of the Commonwealth by any
person whose services are not wholly employed by the Commonwealth. - If a senator or member of the House of Representatives— (i)
Becomes subject to any of the disabilities mentioned in the
last preceding section: or (ii) Takes the benefit,
whether by assignment, composition, or otherwise, of any law
relating to bankrupt or insolvent debtors: or
(iii) Directly or indirectly takes or agrees to
take any fee or honorarium for services rendered to the
Commonwealth, or for services rendered in the Parliament to any
person or State:
his place shall thereupon become vacant. - Until the Parliament otherwise provides, any
person declared by this constitution to be incapable of sitting as
a senator or as a member of the House of Representatives shall, for
every day on which he so sits, be liable to pay the sum of one
hundred pounds to any person who sues for it in any court of
competent jurisdiction. - Until the Parliament otherwise provides, any
question respecting the qualification of a senator or of a member
of the House of Representatives, or respecting a vacancy in either
House of the Parliament, and any question of a disputed election to
either House, shall be determined by the House in which the
question arises. - Until the Parliament otherwise provides, each
senator and each member of the House of Representatives shall
receive an allowance of four hundred pounds a year, to be reckoned
from the day on which he takes his seat. - The powers, privileges, and immunities of the
Senate and of the House of Representatives, and of the members and
the committees of each House, shall be such as are declared by the
Parliament, and until declared shall be those of the Commons House
of Parliament of the United Kingdom, and of its members and
committees, at the establishment of the Commonwealth.
9
[CH. 12.]
A.D. 1900
Vacancy on happening of disqualification.
Penalty for sitting when disqualified.
Disputed elections.
Allowance to members.
Privileges, &c. of Houses.
[CH. 12.]
A.D. 1900.
Rules and orders.
Part V.
Powers of the Parliament.
Legislative powers of the Parliament.
Commonwealth of Australia [63 & 64 VICT.]
Constitution Act. - Each House of the Parliament may make rules and
orders with respect to—
(i) The mode in which its powers, privileges, and
immunities
may be exercised and upheld: (ii) The order and
conduct of its business and proceedings either separately or
jointly with the other House.
PART V.—POWERS OF THE PARLIAMENT. - The Parliament shall, subject to this
Constitution, have power to make laws for the peace, order, and
good government of the Commonwealth with respect to:—
@) Trade and commerce with other countries, and
among
the States: (ii) Taxation; but so as not to
discriminate between States
or parts of States: (iii) Bounties on the
production or export of goods, but so that such bounties shall be
uniform throughout the Commonwealth:
(iv) Borrowing money on the public credit of
the
Commonwealth: V) Postal, telegraphic, telephonic,
and other like services: (vi) The naval and military defence of the
Commonwealth and of the several States, and the control of the
forces to execute and maintain the laws of the Commonwealth: (vii)
Lighthouses, lightships, beacons and buoys: (viii) Astronomical and
meteorological observations: (ix) Quarantine:
x) Fisheries in Australian waters beyond
territorial limits: (xi) Census and statistics:
(xii) Currency, coinage, and legal tender:
(xiii) Banking, other than State banking; also
State banking extending beyond the limits of the State concerned,
the incorporation of banks, and the issue of paper money: (xiv)
Insurance, other than State insurance; also State insurance
extending beyond the limits of the State concerned:
(xv) Weights and measures:
(xvi) Bills of exchange and promissory notes:
(xvii) Bankruptcy and insolvency:
(xviii) Copyrights, patents of inventions and
designs, and
trade marks: (xix) Naturalization and aliens:
(xx) Foreign corporations, and trading or financial
corporations formed within the limits of the Commonwealth:
(xxi) Marriage:
(xxii) Divorce and matrimonial causes; and in
relation thereto, parental rights, and the custody and guardianship
of infants:
(xxiii) Invalid and old-age pensions:
(xxiv) The service and execution throughout the
Commonwealth of the civil and criminal process and the judgments of
the courts of the States:
(xxv) The recognition throughout the Commonwealth
of the laws, the public Acts and records, and the judicial
proceedings of the States:
10 [63 & 64 VICT.] Commonwealth of Australia [CH.
12.] Constitution Act.
(xxvi) The people of any race, other than the
aboriginal race A.D. 1900. in any State, for whom it is deemed
necessary to make — special laws:
(xxvii) Immigration and emigration:
(xxviii) The influx of criminals:
(xxix) External affairs:
(xxx) The relations of the Commonwealth with the
islands
of the Pacific: (xxxi) The acquisition of property
on just terms from any State or person for any purpose in respect
of which the Parliament has power to make laws:
(xxxii) The control of railways with respect to
transport for
the naval and military purposes of the
Commonwealth: (xxxiii) The acquisition, with the consent of a
State, of any railways of the State on terms arranged between the
Commonwealth and the State:
(xxxiv) Railway construction and extension in any
State with
the consent of that State: (xxxv) Conciliation and
arbitration for the prevention and settlement of industrial
disputes extending beyond the limits of any one State:
(xxxvi) Matters in respect of which this
Constitution makes
provision until the Parliament otherwise provides:
(xxxvii) Matters referred to the Parliament of the Commonwealth by
the Parliament or Parliaments of any State or States, but so that
the law shall extend only to States by whose Parliaments the matter
is referred or which afterwards adopt the law:
(xxxviii) The exercise within the Commonwealth, at
the request or with the concurrence of the Parliaments of all the
States directly concerned, of any power which can at the
establishment of this Constitution be exercised only by the
Parliament of the United Kingdom or by the Federal Council of
Australasia:
(xxxix) Matters incidental to the execution of any
power vested by this Constitution in the Parliament or in either
House thereof, or in the Government of the Commonwealth, or in the
Federal Judicature, or in any department or officer of the
Commonwealth. - The Parliament shall, subject to this
Constitution, have Exclusive
exclusive power to make laws for the peace, order,
and good gg:{;r;;fl:.he
government of the Commonwealth with respect to— (i)
The seat of government of the Commonwealth, and all places acquired
by the Commonwealth for public purposes:
(ii) Matters relating to any department of the
public service the control of which is by this Constitution
transferred to the Executive Government of the Commonwealth: (iii)
Other matters declared by this Constitution to be within
the exclusive power of the Parliament. 53. Proposed
laws appropriating revenue or moneys, or Powers of the
imposing taxation, shall not originate in the
Senate. But a Egiu;::i;ires[’ed of
proposed law shall not be taken to appropriate
revenue or ‘ moneys, or to impose taxation, by reason only of its
containing provisions for the imposition or appropriation of fines
or other
11 [CH. 12.]
A.D. 1900.
Appropriation Bills.
Tax Bill.
Recommendation of
money votes.
Disagreement between the Houses.
Commonwealth of Australia [63 & 64 VICT]
Constitution Act.
pecuniary penalties, or for the demand or payment
or appropriation of fees for licences, or fees for services under
the proposed law.
The Senate may not amend proposed laws imposing
taxation, or proposed laws appropriating revenue or moneys for the
ordinary annual services of the Government.
The Senate may not amend any proposed law so as to
increase any proposed charge or burden on the people.
The Senate may at any stage return to the House of
Representatives any proposed law which the Senate may not amend,
requesting, by message, the omission or amendment of any items or
provisions therein. And the House of Representatives may, if it
thinks fit, make any of such omissions or amendments, with or
without modifications.
Except as provided in this section, the Senate
shall have equal power with the House of Representatives in respect
of all proposed laws. - The proposed law which appropriates revenue or
moneys for the ordinary annual services of the Government shall
deal only with such appropriation. - Laws imposing taxation shall deal only with the
imposition of taxation, and any provision therein dealing with any
other matter shall be of no effect.
Laws imposing taxation, except laws imposing duties
of customs or of excise, shall deal with one subject of taxation
only; but laws imposing duties of customs shall deal with duties of
customs only, and laws imposing duties of excise shall deal with
duties of excise only. - A vote, resolution, or proposed law for the
appropriation of revenue or moneys shall not be passed unless the
purpose of the appropriation has in the same session been
recommended by message of the Governor-General to the House in
which the proposal originated. - If the House of Representatives passes any
proposed law, and the Senate rejects or fails to pass it, or passes
it with amendments to which the House of Representatives will not
agree, and if after an interval of three months the House of
Representatives, in the same or the next session, again passes the
proposed law with or without any amendments which have been made,
suggested, or agreed to by the Senate, and the Senate rejects or
fails to pass it, or passes it with amendments to which the House
of Representatives will not agree, the Governor-General may
dissolve the Senate and the House of Representatives
simultaneously. But such dissolution shall not take place within
six months before the date of the expiry of the House of
Representatives by effluxion of time.
If after such dissolution the House of
Representatives again passes the proposed law, with or without any
amendments which have been made, suggested, or agreed to by the
Senate, and the Senate rejects or fails to pass it, or passes it
with amendments to which the House of Representatives will not
agree, the Governor-General may convene a joint sitting of the
members of the Senate and of the House of Representatives. 12
[63 & 64 VICT.] Commonwealth of Australia
Constitution Act.
The members present at the joint sitting may
deliberate and shall vote together upon the proposed law as last
proposed by the House of Representatives, and upon amendments, if
any, which have been made therein by one House and not agreed to by
the other, and any such amendments which are affirmed by an
absolute majority of the total number of the members of the Senate
and House of Representatives shall be taken to have been carried,
and if the proposed law, with the amendments, if any, so carried is
affirmed by an absolute majority of the total number of the members
of the Senate and House of Representatives, it shall be taken to
have been duly passed by both Houses of the Parliament, and shall
be presented to the
Governor-General for the Queen’s assent.
- When a proposed law passed by both Houses of
the Parliament is presented to the Governor-General for the Queen’s
assent, he shall declare, according to his discretion, but subject
to this Constitution, that he assents in the Queen’s name, or that
he withholds assent, or that he reserves the law for the Queen’s
pleasure.
The Governor-General may return to the house in
which it originated any proposed law so presented to him, and may
transmit therewith any amendments which he may recommend, and the
Houses may deal with the recommendation. - The Queen may disallow any law within one year
from the Governor-General’s assent, and such disallowance on being
made known by the Governor-General by speech or message to each of
the Houses of the Parliament, or by Proclamation, shall annul the
law from the day when the disallowance is so made known. - A proposed law reserved for the Queen’s
pleasure shall not have any force unless and until within two years
from the day on which it was presented to the Governor-General for
the Queen’s assent the Governor-General makes known, by speech or
message to each of the Houses of the Parliament, or by
Proclamation, that it has received the Queen’s assent.
CHAPTERIL
THE EXECUTIVE GOVERNMENT. - 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. - There shall be a Federal Executive Council to
advise the Governor-General in the government of the Commonwealth,
and the members of the Council shall be chosen and summoned by the
Governor-General and sworn as Executive Councillors, and shall hold
office during his pleasure.
13
[CH.12.]
A.D. 1900
Royal
assent to Bills.
Recommendations by Governor-General.
Disallowance by the Queen.
Signification of
Queen’s pleasure on Bills reserved.
Chap.II.
The Government.
Executive power.
Federal
Executive Council.
[CH. 12.]
A.D. 1900.
Provisions referring to Governor- General.
Ministers of State.
Ministers to sit in Parliament.
Number of Ministers.
Salaries of Ministers.
Appointment of civil servant.
Command of naval and
military
forces.
Transfer of certain
departments.
Certain powers of Governors to vest in
Governor-General.
Commonwealth of Australia Constitution Act.
[63 & 64 VICT.] - The provisions of this Constitution referring
to the Governor-General in Council shall be construed as referring
to the Governor-General acting with the advice of the Federal
Executive Council. - The Governor-General may appoint officers to
administer such departments of State of the Commonwealth as the
Governor-General in Council may establish.
Such officers shall hold office during the pleasure
of the Governor-General. They shall be members of the Federal
Executive Council, and shall be the Queen’s Ministers of State for
the Commonwealth.
After the first general election no Minister of
State shall hold office for a longer period than three months
unless he is or becomes a senator or a member of the House of
Representatives. - Until the Parliament otherwise provides, the
Ministers of State shall not exceed seven in number, and shall hold
such offices as the Parliament prescribes, or, in the absence of
provision, as the Governor-General directs. - There shall be payable to the Queen, out of the
Consolidated Revenue Fund of the Commonwealth, for the salaries of
the Ministers of State, an annual sum which, until the Parliament
otherwise provides, shall not exceed twelve thousand pounds a
year. - Until the Parliament otherwise provides, the
appointment and removal of all other officers of the Executive
Government of the Commonwealth shall be vested in the
Governor-General in Council, unless the appointment is delegated by
the Governor- General in Council or by a law of the Commonwealth to
some other authority. - The command in chief of the naval and military
forces of the
Commonwealth is vested in the Governor-General as
the Queen’s
representative. - On a date or dates to be proclaimed by the
Governor — General after the establishment of the Commonwealth the
following departments of the public service in each State shall
become transferred to the Commonwealth:—
Posts, telegraphs, and telephones:
Naval and military defence:
Lighthouses, lightships, beacons, and buoys:
Quarantine.
But the departments of customs and of excise in
each State shall become transferred to the Commonwealth on its
establishment. - In respect of matters which, under this
Constitution, pass to the Executive Government of the Commonwealth,
all powers and functions which at the establishment of the
Commonwealth are vested in the Governor of a Colony, or in the
Governor of a Colony with the advice of his Executive Council, or
in any authority of a Colony, shall vest in the Governor-General,
or in the Governor-General in Council, or in the authority
exercising similar powers under the Commonwealth, as the case
requires. 14 [63 & 64 VICT.] Commonwealth of Australia
Constitution Act.
CHAPTER IIL.
THE JUDICATURE. - The judicial power of the Commonwealth shall be
vested in a Federal Supreme Court, to be called the High Court of
Australia, and in such other federal courts as the parliament
creates, and in such other courts as it invests with federal
jurisdiction. The High Court shall consist of a Chief Justice, and
so many other Justices, not less than two, as the Parliament
prescribes. - The Justices of the High Court and of the other
courts created by the Parliament—
(i.) Shall be appointed by the Governor-General in
Council: (ii.) Shall not be removed except by the Governor-General
in Council, on an address from both Houses of the Parliament in the
same session, praying for such removal on the ground of proved
misbehaviour or incapacity:
(iii.) Shall receive such remuneration as the
Parliament may fix; but the remuneration shall not be diminished
during their continuance in office. - The High Court shall have jurisdiction, with
such exceptions and subject to such regulations as the Parliament
prescribes, to hear and determine appeals from all judgments,
decrees, orders, and sentences—
(i.) Of any Justice or Justices exercising the
original
jurisdiction of the High Court: (ii.) Of any other
federal court, or court exercising federal jurisdiction; or of the
Supreme Court of any State, or of any other court of any State from
which at the establishment of the Commonwealth an appeal lies to
the Queen in Council: (iii.)Of the Inter-State Commission, but as
to questions of law
only: and judgment of the High Court in all such
cases shall be final
and conclusive. But no exception or regulation
prescribed by the Parliament shall prevent the High Court from
hearing and determining any appeal from the Supreme Court of a
State in any matter in which at the establishment of the
Commonwealth an appeal lies from such Supreme Court to the Queen in
Council.
Until the Parliament otherwise provides, the
conditions of and restrictions on appeals to the Queen in Council
from the Supreme Courts of the several States shall be applicable
to appeals from them to the High Court. - No appeal shall be permitted to the Queen in
Council from a decision of the High Court upon any question,
howsoever arising, as to the limits inter se of the Constitutional
powers of the Commonwealth and those of any State or States, or as
to the limits inter se of the Constitutional powers of any two or
more States, unless the High Court shall certify that the question
is one which ought to be determined by Her Majesty in Council.
15
[CH. 12.]
A.D. 1900.
Chap. III.
The Judicature.
Judicial power and Courts.
Judges’
appointment, tenure, and remuneration.
Appellate
jurisdiction of High Court.
Appeal to
Queen in
Council.
[CH.12.]
A.D. 1900.
Original
jurisdiction of High Court.
Additional
original jurisdiction.
Power to define jurisdiction.
Proceedings against Commonwealth or State.
Number of judges.
Trial by jury.
Commonwealth of Australia [63 & 64 VICT.]
Constitution Act.
The High Court may so certify if satisfied that for
any special reason the certificate should be granted, and thereupon
an appeal shall lie to Her Majesty in Council on the question
without further leave.
Except as provided in this section, this
Constitution shall not impair any right which the Queen may be
pleased to exercise by virtue of Her Royal prerogative to grant
special leave of appeal from the High Court to Her Majesty in
Council. The Parliament may make laws limiting the matters in which
such leave may be asked, but proposed laws containing any such
limitation shall be reserved by the Governor-General for Her
Majesty’s pleasure. - In all matters— (i.) Arising under any
treaty:
(ii) Affecting consuls or other representatives of
other
countries: (iii.) In which the Commonwealth, or a
person suing or
being sued on behalf of the Commonwealth, is a
party: (iv.) Between States, or between residents of different
States,
or between a State and a resident of another State:
(v.) In which a writ of Mandamus or prohibition or an injunction is
sought against an officer of the Commonwealth:
the High Court shall have original
jurisdiction. - The Parliament may make laws conferring
original jurisdiction on the High court in any matter—
(i) Arising under this constitution, or involving
its
interpretation: (ii) Arising under any laws made by
the Parliament: (iii) Of Admiralty and maritime jurisdiction:
(iv) Relating to the same subject-matter claimed
under the
laws of different States. 77. With respect to any
of the matters mentioned in the last two sections the Parliament
may make laws—
(i) Defining the jurisdiction of any federal court
other than
the High Court: (ii) Defining the extent to which
the jurisdiction of any federal court shall be exclusive of that
which belongs to or is invested in the courts of the States:
(iii) Investing any court of a State with federal
jurisdiction. 78. The Parliament may make laws conferring rights to
proceed against the Commonwealth or a State in respect of matters
within the limits of the judicial power. - The federal jurisdiction of any court may be
exercised by such number of judges as the Parliament
prescribes. - The trial on indictment of any offence against
any law of the Commonwealth shall be by jury, and every such trial
shall be held in the State were the offence was committed, and if
the offence was not committed within any State the trial shall be
held at such place or places as the Parliament prescribes.
16
[63 & 64 VICT.] Commonwealth of Australia
Constitution Act.
CHAPTERIV.
FINANCE AND TRADE.
101.All revenues or moneys raised or received by
the Executive Government of the Commonwealth shall form one
Consolidated Revenue Fund, to be appropriated for the purposes of
the Commonwealth in the manner and subject to the charges and
liabilities imposed by this Constitution. - The costs, charges, and expenses incident to
the collection, management, and receipt of the Consolidated Revenue
Fund shall form the first charge thereon; and the revenue of the
commonwealth shall in the first instance be applied to the payment
of the expenditure of the Commonwealth. - No money shall be drawn from the Treasury of
the Commonwealth except under appropriation made by law.
But until the expiration of one month after the
first meeting of the Parliament the Governor-General in Council may
draw from the Treasury and expend such moneys as may be necessary
for the maintenance of any department transferred to the
Commonwealth and for the holding of the first elections for the
Parliament. - When any department of the public service of a
State becomes transferred to the Commonwealth, all officers of the
department shall become subject to the control of the Executive
Government of the Commonwealth. Any such officer who is not
retained in the service of the Commonwealth shall, unless he is
appointed to some other office of equal emolument in the public
service of the State, be entitled to receive from the State any
pension, gratuity, or other compensation, payable under the law of
the State on the abolition of his office.
Any such officer who is retained in the service of
the Commonwealth shall preserve all his existing and accruing
rights, and shall be entitled to retire from office at the time,
and on the pension or retiring allowance, which would be permitted
by the law of the State if his service with the Commonwealth were a
continuation of his service with the State. Such pension or
retiring allowance shall be paid to him by the Commonwealth; but
the State shall pay to the Commonwealth a part thereof, to be
calculated on the proportion which his term of service with the
State bears to his whole term of service, and for the purpose of
the calculation his salary shall be taken to be that paid to him by
the State at the time of the transfer.
Any officer who is, at the establishment of the
Commonwealth, in the public service of the State, and who is, by
consent of the Governor of the State with the advice of the
Executive Council thereof, transferred to the public service of the
Commonwealth, shall have the same rights as if he had been an
officer of a department transferred to the Commonwealth and were
retained in the service of the Commonwealth.
B17
[CH. 12.]
A.D.1900. Chap. IV. Finance and Trade.
Consolidated Revenue Fund.
Expenditure charged thereon.
Money to be
appropriated by law.
Transfer of officers. [CH.12.] Commonwealth of Australia [63 &
64 VICT.] Constitution Act.
A.D. 1900. 101. When any department of the public
service of a State is
Transfer of transferred to the Commonwealth —
gtr;’tié rty of 101. All property of the State of
any kind, used exclusively in
connexion with the department, shall become vested
in the Commonwealth; but, in the case of the departments
controlling customs and excise and bounties, for such time only as
the Governor-General in Council may declare to be necessary: - The Commonwealth may acquire any property of
the State, of any kind used, but not exclusively used in connexion
with the department; the value thereof shall, if no agreement can
be made, be ascertained in, as nearly as may be, the manner in
which the value of land, or of an interest in land, taken by the
State for public purposes is ascertained under the law of the State
in force at the establishment of the Commonwealth: - The Commonwealth shall compensate the State
for the value of any property passing to the Commonwealth under
this section; if no agreement can be made as to the mode of
compensation, it shall be determined under laws to be made by the
Parliament:
(iv.) The Commonwealth shall, at the date of the
transfer, assume the current obligations of the State in respect of
the department transferred. - On the establishment of the Commonwealth, the
collection and control of duties of customs and of excise, and the
control of the payment of bounties, shall pass to the Executive
Government of the Commonwealth. - During a period of ten years after the
establishment of the Commonwealth and thereafter until the
Parliament otherwise provides, of the net revenue of the
Commonwealth from duties of customs and of excise not more than
one-fourth shall be applied annually by the Commonwealth towards
its expenditure.
The balance shall, in accordance with this
Constitution, be paid to the several States, or applied towards the
payment of interest on debts of the several States taken over by
the Commonwealth.
Uniform duties of 88. Uniform duties of customs
shall be imposed within two customs. years after the establishment
of the Commonw ealth.
Payment to States 101. Until the imposition of
uniform duties of customs—
Eift(i):.umform 101.The Commonwealth shall credit
to each State the
revenues collected therein by the Commonwealth.
101.The Commonwealth shall debit to each State— 101.The expenditure
therein of the Commonwealth incurred solely for the maintenance or
continuance, as at the time of transfer, of any department
transferred from the State to the Commonwealth; (b) The proportion
of the state, according to the number of its people, in the other
expenditure of the Commonwealth. - The Commonwealth shall pay to each State month
by month the balance (if any) in favour of the State.
18
[63 & 64 VICT.] Commonwealth of Australia
Constitution Act. - On the imposition of uniform duties of customs
the power of the Parliament to impose duties of customs and of
excise, and to grant bounties on the production or export of goods,
shall become exclusive.
On the imposition of uniform duties of customs all
laws of the several States imposing duties of customs or of excise,
or offering bounties on the production or export of goods, shall
cease to have effect, but any grant of or agreement for any such
bounty law fully made by or under the authority of the Government
of any State shall be taken to be good if made before the thirtieth
day of June, one thousand eight hundred and ninety-eight, and not
otherwise. - Nothing in this Constitution prohibits a State
from granting any aid to or bounty on mining for gold, silver, or
other metals, nor from granting, with the consent of both Houses of
the Parliament of the Commonwealth expressed by resolution, any aid
to or bounty on the production or export of goods. - On the imposition of uniform duties of
customs, trade, commerce, and intercourse among the States, whether
by means of internal carriage or ocean navigation, shall be
absolutely free.
But notwithstanding anything in this Constitution,
goods imported before the imposition of uniform duties of customs
into any State, or into any Colony which, whilst the goods remain
therein, becomes a State, shall, on thence passing into another
State within two years after the imposition of such duties, be
liable to any duty chargeable on the importation of such goods into
the Commonwealth, less any duty paid in respect of the goods on
their importation. - During the first five years after the
imposition of uniform duties of customs, and thereafter until the
Parliament otherwise provides—
101.The duties of customs chargeable on goods
imported into a State and afterwards passing into another State for
consumption, and the duties of excise paid on goods produced or
manufactured in a State and afterwards passing into another State
for consumption, shall be taken to have been collected not in the
former but in the latter State:
(ii) Subject to the last subsection, the
Commonwealth shall credit revenue, debit expenditure, and pay
balances to the several States as prescribed for the period
preceding the imposition of uniform duties of customs. - After five years from the imposition of uniform
duties of customs, the Parliament may provide, on such basis as it
deems fair, for the monthly payment to the several State of all
surplus revenue of the Commonwealth. - Notwithstanding anything in this Constitution,
the Parliament of the State of Western Australia, if that State be
an Original State, may, during the first five years after the
imposition of uniform duties of customs, impose duties of customs
on goods passing into that State and not originally imported from
beyond the limits of the Commonwealth; and such duties shall be
collected by the Commonwealth.
But any duty so imposed on any goods shall not
exceed during the first of such years the duty chargeable on the
goods under the law of Western
[CH. 12.]
A.D. 1900. Exclusive power
over customs,
excise, and bounties.
Exceptions as to bounties.
Trade within the Commonwealth to be free.
Payment to States for five years after uniform
tariffs.
Distribution of surplus.
Customs duties of Western Australia.
B2 19
[CH. 2]
A.D. 1900.
Financial assistance
to
States.
Audit.
Trade and
commerce includes navigation and State
railways.
Commonwealth not to give preference.
Nor abridge right to
use water.
Inter-State Commission.
Parliament may forbid preferences by State.
Commonwealth of Australia Constitution Act.
[63 & 64 VICT.]
Australia in force at the imposition of uniform
duties, and shall not exceed during the second, third, fourth, and
fifth of such years respectively, four-fifths, three-fifths,
two-fifths, and onefifth of such latter duty, and all duties
imposed under this section shall cease at the expiration of the
fifth year after the imposition of uniform duties.
If at any time during the five years the duty on
any goods under this section 1is higher than the duty imposed by
the Commonwealth on the importation of the like goods, then such
higher duty shall be collected on the goods when imported into
Western Australia from beyond the limits of the Commonwealth. - During a period of ten years after the
establishment of the Commonwealth and thereafter until the
Parliament otherwise provides, the Parliament may grant financial
assistance to any State on such terms and conditions as the
Parliament thinks fit. - Until the Parliament otherwise provides, the
laws in force in any Colony which has become or becomes a State
with respect to the receipt of revenue and the expenditure of money
on account of the Government of the Colony, and the review and
audit of such receipt and expenditure, shall apply to the receipt
of revenue and the expenditure of money on account of the
Commonwealth in the State in the same manner as if the
Commonwealth, or the Government or an officer of the Commonwealth,
were mentioned whenever the Colony, or the Government or an officer
of the Colony, is mentioned. - The power of the Parliament to make laws with
respect to trade and commerce extends to navigation and shipping,
and to railways the property of any State. - The Commonwealth shall not, by any law or
regulation of trade, commerce, or revenue, give preference to one
State or any part thereof over another State or any part
thereof. - The Commonwealth shall not, by any law or
regulation of trade or commerce, abridge the right of a State or of
the residents therein to the reasonable use of the waters of rivers
for conservation or irrigation. - There shall be an Inter-State Commission, with
such powers of adjudication and administration as the Parliament
deems necessary for the execution and maintenance, within the
Commonwealth, of the provisions of this Constitution relating to
trade and commerce, and of all laws made thereunder. - The Parliament may by any law with respect to
trade or commerce forbid, as to railways, any preference or
discrimination by any State, or by any authority constituted under
a State, if such preference or discrimination is undue and
unreasonable, or unjust to any State; due regard being had to the
financial responsibilities incurred by any State in connexion with
the construction and maintenance of its railways. But no preference
or discrimination shall, within the meaning of this section, be
taken to be undue and unreasonable, or unjust to any State, unless
so adjudged by the Inter-State Commission.
20
[63 &64 VICT.] Commonwealth of Australia
Constitution Act.
103 The members of the Inter-State Commission — (i)
Shall be appointed by the Governor-General in Council: (i) Shall
hold office for seven years, but may be removed within that time by
the Governor-General in Council, on an address from both Houses of
the Parliament in the same session praying for such removal on the
ground of proved misbehaviour or incapacity:
(iii) Shall receive such remuneration as the
Parliament may fix; but such remuneration shall not be diminished
during their continuance in office. - Nothing in this Constitution shall render
unlawful any rate for the carriage of goods upon a railway, the
property of a State, if the rate is deemed by the Inter-State
Commission to be necessary for the development of the territory of
the State, and if the rate applies equally to goods within the
State and to goods passing into the State from other States. - The Parliament may take over from the States
their public debts as existing at the establishment of the
Commonwealth, or a proportion thereof according to the respective
numbers of their people as shown by the latest statistics of the
Commonwealth, and may convert, renew, or consolidate such debts, or
any part thereof; and the States shall indemnify the Commonwealth
in respect of the debts taken over, and thereafter the interest
payable in respect of the debts shall be deducted and retained from
the portions of the surplus revenue of the Commonwealth payable to
the several States, or if such surplus is insufficient, or if there
is no surplus, then the deficiency or the whole amount shall be
paid by the several States.
CHAPTER V.
THE STATES. - The Constitution of each State of the
Commonwealth shall, subject to this Constitution, continue as at
the establishment of the Commonwealth, or as at the admission or
establishment of the state, as the case may be, until altered in
accordance with the Constitution of the State. - Every power of the Parliament of a Colony
which has become or becomes a State, shall, unless it is by this
Constitution exclusively vested in the Parliament of the
Commonwealth or withdrawn from the Parliament of the State,
continue as at the establishment of the Commonwealth, or as at the
admission or establishment of the State, as the case may be. - Every law in force in a Colony which has
become or becomes a State, and relating to any matter within the
powers of the Parliament of the Commonwealth, shall, subject to
this Constitution, continue in force in the State; and, until
provision is made in that behalf by the Parliament of the
Commonwealth, the Parliament of the State shall have such powers
of
21
[CH. 12.]
A.D.1900.
Commissioners’ appointment, tenure, and
remuneration.
Saving of certain
rates.
Taking over public debts of States.
Chap. V. The States.
Saving of
Constitutions.
Saving of Power of State Parliaments.
Saving of State laws.
[CH. 12.]
A.D. 1900.
Inconsistency of laws.
Provisions referring to Governor.
States may Surrender territory.
State may
levy charges for inspection laws.
Intoxicating liquids.
States may not raise forces.
Taxation of
property of
Commonwealth or State.
States not to coin money.
Commonwealth not to legislate in respect of
religion.
Rights of residents in States.
Recognition of laws & c. of States.
Protection of States from Invasion and
violence.
Commonwealth of Australia Constitution Act.
[63 & 64 VICT.]
alteration and of repeal in respect of any such law
as the Parliament of the Colony had until the Colony became a
State. - When a law of a State is inconsistent with a
law of the Commonwealth, the latter shall prevail, and the former
shall, to the extent of the inconsistency, be invalid. - The provisions of this Constitution relating
to the Governor of a State extend and apply to the Governor for the
time being of the State, or other chief executive officer or
administrator of the government of the State. - The Parliament of a State may surrender any
part of the State to the Commonwealth; and upon such surrender, and
the acceptance thereof by the Commonwealth, such part of the State
shall become subject to the exclusive jurisdiction of the
Commonwealth. - After uniform duties of customs have been
imposed, a State may levy on imports or exports, or on goods
passing into or out of the State, such charges as may be necessary
for executing the inspection laws of the State; but the net produce
of all charges so levied shall be for the use of the Commonwealth;
and any such inspection laws may be annulled by the Parliament of
the Commonwealth. - All fermented, distilled, or other
intoxicating liquids passing into any State or remaining therein
for use, consumption, sale, or storage, shall be subject to the
laws of the State as if such liquids had been produced in the
State. - A State shall not, without the consent of the
Parliament of the Commonwealth, raise or maintain any naval or
military force, or impose any tax on property of any kind belonging
to the Commonwealth, nor shall the Commonwealth impose any tax on
property of any kind belonging to a State. - A State shall not coin money, nor make
anything but gold and silver coin a legal tender in payment of
debts. - The Commonwealth shall not make any law for
establishing any religion, or for imposing any religious
observance, or for prohibiting the free exercise of any religion,
and no religious test shall be required as a qualification for any
office or public trust under the Commonwealth. - A subject of the Queen, resident in any State,
shall not be subject in any other State to any disability or
discrimination which would not be equally applicable to him if he
were a subject of the Queen resident in such other State. - Full faith and credit shall be given,
throughout the Commonwealth to the laws, the public Acts and
records, and the judicial proceedings of every State. - The Commonwealth shall protect every State
against invasion and, on the application of the Executive
Government of the State, against domestic violence.
22
[63 & 64 VICT.] Commonwealth of Australia
Constitution Act. - Every State shall make provision for the
detention in its prisons of persons accused or convicted of
offences against the laws of the Commonwealth, and for the
punishment of persons convicted of such offences, and the
Parliament of the Commonwealth may make laws to give effect to this
provision.
CHAPTER VL
NEW STATES. 121. The Parliament may admit to the
Commonwealth or establish new States, and may upon such admission
or establishment make or impose such terms and conditions,
including the extent of representation in either House of the
Parliament, as it thinks fit. - The Parliament may make laws for the
government of any territory surrendered by any State to and
accepted by the Commonwealth, or of any territory placed by the
Queen under the authority of and accepted by the Commonwealth, or
otherwise acquired by the Commonwealth, and may allow the
representation of such territory in either House of the Parliament
to the extent and on the terms which it thinks fit. - The Parliament of the Commonwealth may, with
the consent of the Parliament of a State, and the approval of the
majority of the electors of the State voting upon the question,
increase, diminish, or otherwise alter the limits of the State,
upon such terms and conditions as may be agreed on, and may, with
the like consent, make provision respecting the effect and
operation of any increase or diminution or alteration of territory
in relation to any State affected. - A new State may be formed by separation of
territory from a State, but only with the consent of the Parliament
thereof, and a new State may be formed by the union of two or more
States or parts of States, but only with the consent of the
Parliaments of the States affected.
CHAPTER VIIL
MISCELLANEOUS. - The seat of Government of the Commonwealth
shall be determined by the Parliament, and shall be within
territory which shall have been granted to or acquired by the
Commonwealth, and shall be vested in and belong to the
Commonwealth, and shall be in the State of New South Wales, and be
distant not less than one hundred miles from Sydney.
Such territory shall contain an area of not less
than one hundred square miles, and such portion thereof as shall
consist of Crown lands shall be granted to the Commonwealth without
any payment therefor.
23
[CH. 12.]
A.D. 1900.
Custody of
offenders against laws of the
Commonw ealth.
Chap. VL. New States.
New States may be admitted or
established.
Government of territories.
Alteration of limits of
States.
Formation of new States.
Chap. VIL Miscellaneous.
Seat of
Government.
[CH. 12.]
A.D. 1900
Power to Her Majesty to
authorise
Governor-General to appoint
deputies.
Aborigines not to be counted in reckoning
population.
Chap. VIIIL. Alteration
of Constitution.
Mode of
altering the Constitution.
Commonwealth of Australia Constitution Act.
[63 & 64 VICT.]
The Parliament shall sit at Melbourne until it meet
at the seat of Government. - The Queen may authorise the Governor-General
to appoint any person, or any persons jointly or severally, to be
his deputy or deputies within any part of the Commonwealth, and in
that capacity to exercise during the pleasure of the
Governor-General such powers and functions of the Governor- General
as he thinks fit to assign to such deputy or deputies, subject to
any limitations expressed or directions given by the Queen; but the
appointment of such deputy or deputies shall not affect the
exercise by the Governor-General himself of any power or
function. - In reckoning the numbers of the people
Commonwealth, or of a State or other part of Commonwealth,
aboriginal natives shall not be counted.
of the the
CHAPTER VIIIL
ALTERATION OF THE CONSTITUTION. - This Constitution shall not be altered except
in the following manner:—
The proposed law for the alteration thereof must be
passed by an absolute majority of each House of the Parliament, and
not less than two nor more than six months after its passage
through both Houses the proposed law shall be submitted in each
State to the electors qualified to vote for the election of members
of the House of Representatives.
But if either House passes any such proposed law by
an absolute majority, and the other House rejects or fails to pass
it, or passes it with any amendment to which the first-mentioned
House will not agree, and if after an interval of three months the
first-mentioned House in the same or the next session again passes
the proposed law by an absolute majority with or without any
amendment which has been made or agreed to by the other House, and
such other House rejects or fails to pass it or passes it with any
amendment to which the first-mentioned House will not agree, the
Governor-General may submit the proposed law as last proposed by
the first-mentioned House, and either with or without any
amendments subsequently agreed to by both Houses, to the electors
in each State qualified to vote for the election of the House of
Representatives.
When a proposed law is submitted to the electors
the vote shall be taken in such manner as the Parliament
prescribes. But until the qualification of electors of members of
the House of Representatives becomes uniform throughout the
Commonwealth, only one-half the electors voting for and against the
proposed law shall be counted in any State in which adult suffrage
prevails.
And if in a majority of the States a majority of
the electors voting approve the proposed law, and if a majority of
all the electors voting also
24
[63 & 64 VICT.] Commonwealth of Australia [CH.
12.] Constitution Act.
approve the proposed law, it shall be presented to
the GovernorA.D. 1900.
General for the Queen’s assent. —
No alteration diminishing the proportionate
representation of any State in either House of the Parliament, or
the minimum number of representatives of a State in the House of
Representatives, or increasing, diminishing, or otherwise altering
the limits of the State, or in any manner affecting the provisions
of the Constitution in relation thereto, shall become law unless
the majority of the electors voting in that State approve the
proposed law.
SCHEDULE.
OATH.
I, A.B., do swear that I will be faithful and bear
true allegiance to Her Majesty Queen Victoria, Her heirs and
successors according to law.
SO HELP ME GOD !
AFFIRMATION.
I, A.B, do solemnly and sincerely affirm and
declare that I will be faithful and bear true allegiance to Her
Majesty Queen Victoria, Her heirs and successors according to
law.
(NOTE.—The name of the King or Queen of the United
Kingdom of Great Britain and Ireland for the time being is to be
substituted from timeto time.)
[ Signature 1] [Edward. H. Alderson] [Reading
Clerk]s
C+