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• Petar Zivkovic published this page in Constitutional Documents 2020-04-14 19:15:39 +1000

  English Bill of Rights (1688)

  Produced by the Parliament of the United Kingdom

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  More properly known as The Bill of Rights (the descriptor ‘English’ is used to differentiate it from an American document of the same name), this was probably the most important statement of the fundamentals of parliamentary democracy written to date. It sets out the limits of the monarch, ensures free speech in parliament, the requirement to hold regular parliaments and elections and forms the basis of today’s Sovereign-in-Parliament system of monarchy under which we operate in Australia.
  
  King William and Queen Mary were the first monarchs to be subject to this document and it undoubtedly brought Britain long term security as a free nation. From this remarkable document sprang the American Bill of Rights, the French Declaration of the Rights of Man, the UN Human Rights Act and the EU Convention on Human Rights - truly a life-changing statement.

  The Bill firmly established the principles of frequent parliaments, free elections and freedom of speech within Parliament – known today as Parliamentary Privilege. It also includes no right of taxation without Parliament’s agreement, freedom from government interference, the right of petition and just treatment of people by courts. The main principles of the Bill of Rights are still in force today - particularly being cited in legal cases – and was used as a model for the US Bill of Rights 1789. Its influence can also be seen in other documents establishing the rights of humans, such as the United Nations Declaration of Human Rights.

   

  1688/1689 c.2 1_Will_and_Mar_Sess_2
  An Act declareing the Rights and Liberties of the Subject and Setleing the Succession of the Crowne.

  Whereas the Lords Spirituall and Temporall and Comons assembled at Westminster lawfully fully and freely representing all the Estates of the People of this Realme did upon the thirteenth day of February in the yeare of our Lord one thousand six hundred eighty eight present unto their Majesties then called and known by the Names and Stile of William and Mary Prince and Princesse of Orange being present in their proper Persons a certaine Declaration in Writeing made by the said Lords and Comons in the Words following viz

  The Heads of Declaration of Lords and Commons, recited.
  Whereas the late King James the Second by the Assistance of diverse evill Councellors Judges and Ministers imployed by him did endeavour to subvert and extirpate the Protestant Religion and the Lawes and Liberties of this Kingdome.

  Dispensing and Suspending Power.
  By Assumeing and Exerciseing a Power of Dispensing with and Suspending of Lawes and the Execution of Lawes without Consent of Parlyament.

  Committing Prelates.
  By Committing and Prosecuting diverse Worthy Prelates for humbly Petitioning to be excused from Concurring to the said Assumed Power.

  Ecclesiastical Commission.
  By issueing and causeing to be executed a Commission under the Great Seale for Erecting a Court called The Court of Commissioners for Ecclesiasticall Causes.

  Levying Money.
  By Levying Money for and to the Use of the Crowne by pretence of Prerogative for other time and in other manner then the same was granted by Parlyament.

  Standing Army.
  By raising and keeping a Standing Army within this Kingdome in time of Peace without Consent of Parlyament and Quartering Soldiers contrary to Law.

  Disarming Protestants, &c.
  By causing severall good Subjects being Protestants to be disarmed at the same time when Papists were both Armed and Imployed contrary to Law.

  Violating Elections.
  By Violating the Freedome of Election of Members to serve in Parlyament.

  Illegal Prosecutions.
  By Prosecutions in the Court of Kings Bench for Matters and Causes cognizable onely in Parlyament and by diverse other Arbitrary and Illegall Courses.

  Juries.
  And whereas of late yeares Partiall Corrupt and Unqualifyed Persons have beene returned and served on Juryes in Tryalls and particularly diverse Jurors in Tryalls for High Treason which were not Freeholders,

  Excessive Bail.
  And excessive Baile hath beene required of Persons committed in Criminall Cases to elude the Benefitt of the Lawes made for the Liberty of the Subjects.

  Fines.
  And excessive Fines have beene imposed.

  Punishments.
  And illegall and cruell Punishments inflicted.

  Grants of Fines, &c. before Conviction, &c.
  And severall Grants and Promises made of Fines and Forfeitures before any Conviction or Judgement against the Persons upon whome the same were to be levyed.All which are utterly directly contrary to the knowne Lawes and Statutes and Freedome of this Realme.

  Recital that the late King James II. had abdicated the Government, and that the Throne was vacant, and that the Prince of Orange had written Letters to the Lords and Commons for the choosing Representatives in Parliament.

  And whereas the said late King James the Second haveing Abdicated the Government and the Throne being thereby Vacant His ( ^X1 Hignesse) the Prince of Orange (whome it hath pleased Almighty God to make the glorious Instrument of Delivering this Kingdome from Popery and Arbitrary Power) did (by the Advice of the Lords Spirituall and Temporall and diverse principall Persons of the Commons) cause Letters to be written to the Lords Spirituall and Temporall being Protestants and other Letters to the severall Countyes Cityes Universities Burroughs and Cinque Ports for the Choosing of such Persons to represent them as were of right to be sent to Parlyament to meete and sitt at Westminster upon the two and twentyeth day of January in this Yeare one thousand six hundred eighty and eight in order to such an Establishment as that their Religion Lawes and Liberties might not againe be in danger of being Subverted, Upon which Letters Elections haveing beene accordingly made.

  The Subject’s Rights.
  And thereupon the said Lords Spirituall and Temporall and Commons pursuant to their respective Letters and Elections being now assembled in a full and free Representative of this Nation takeing into their most serious Consideration the best meanes for attaining the Ends aforesaid Doe in the first place (as their Auncestors in like Case have usually done) for the Vindicating and Asserting their auntient Rights and Liberties, Declare

  Dispensing Power.
  That the pretended Power of Suspending of Laws or the Execution of Laws by Regall Authority without Consent of Parlyament is illegall.

  Late dispensing Power.
  That the pretended Power of Dispensing with Laws or the Execution of Laws by Regall Authoritie as it hath beene assumed and exercised of late is illegall.

  Ecclesiastical Courts illegal.
  That the Commission for erecting the late Court of Commissioners for Ecclesiasticall Causes and all other Commissions and Courts of like nature are Illegall and Pernicious.

  Levying Money.
  That levying Money for or to the Use of the Crowne by pretence of Prerogative without Grant of Parlyament for longer time or in other manner then the same is or shall be granted is Illegall.

  Right to petition.
  That it is the Right of the Subjects to petition the King and all Commitments and Prosecutions for such Petitioning are Illegall.

  Standing Army.
  That the raising or keeping a standing Army within the Kingdome in time of Peace unlesse it be with Consent of Parlyament is against Law.

  Subjects’ Arms.
  That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law.

  Freedom of Election.
  That Election of Members of Parlyament ought to be free.

  Freedom of Speech.
  That the Freedome of Speech and Debates or Proceedings in Parlyament ought not to be impeached or questioned in any Court or Place out of Parlyament.

  Excessive Bail.
  That excessive Baile ought not to be required nor excessive Fines imposed nor cruell and unusuall Punishments inflicted.

  Juries.
  That Jurors ought to be duely impannelled and returned . . . ^F1

  Grants of Forfeitures.
  That all Grants and Promises of Fines and Forfeitures of particular persons before Conviction are illegall and void.

  Frequent Parliaments.
  And that for Redresse of all Grievances and for the amending strengthening and preserveing of the Lawes Parlyaments ought to be held frequently.

  The said Rights claimed. Tender of the Crown. Regal Power exercised. Limitation of the Crown.
  And they doe Claime Demand and Insist upon all and singular the Premises as their undoubted Rights and Liberties and that noe Declarations Judgements Doeings or Proceedings to the Prejudice of the People in any of the said Premisses ought in any wise to be drawne hereafter into Consequence or Example. To which Demand of their Rights they are particularly encouraged by the Declaration of this Highnesse the Prince of Orange as being the onely meanes for obtaining a full Redresse and Remedy therein. Haveing therefore an intire Confidence That his said Highnesse the Prince of Orange will perfect the Deliverance soe farr advanced by him and will still preserve them from the Violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties. The said Lords Spirituall and Temporall and Commons assembled at Westminster doe Resolve That William and Mary Prince and Princesse of Orange be and be declared King and Queene of England France and Ireland and the Dominions thereunto belonging to hold the Crowne and Royall Dignity of the said Kingdomes and Dominions to them the said Prince and Princesse dureing their Lives and the Life of the Survivour of them And that the sole and full Exercise of the Regall Power be onely in and executed by the said Prince of Orange in the Names of the said Prince and Princesse dureing their joynt Lives And after their Deceases the said Crowne and Royall Dignitie of the said Kingdoms and Dominions to be to the Heires of the Body of the said Princesse And for default of such Issue to the Princesse Anne of Denmarke and the Heires of her Body And for default of such Issue to the Heires of the Body of the said Prince of Orange. And the Lords Spirituall and Temporall and Commons doe pray the said Prince and (^X2) Princesse to accept the same accordingly.

  New Oaths of Allegiance, &c.
  And that the Oathes hereafter mentioned be taken by all Persons of whome the Oathes of Allegiance and Supremacy might be required by Law instead of them And that the said Oathes of Allegiance and Supremacy be abrogated.

  Allegiance.
  I A B doe sincerely promise and sweare That I will be faithfull and beare true Allegiance to their Majestyes King William and Queene Mary Soe helpe me God.

  Supremacy.
  I A B doe sweare That I doe from my Heart Abhorr, Detest and Abjure as Impious and Hereticall this damnable Doctrine and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be deposed or murdered by their Subjects or any other whatsoever. And I doe declare That noe Forreigne Prince Person Prelate, State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authoritie Ecclesiasticall or Spirituall within this Realme Soe helpe me God.

  Acceptance of the Crown. The Two Houses to sit. Subjects’ Liberties to be allowed, and Ministers hereafter to serve according to the same. William and Mary declared King and Queen. Limitation of the Crown. Papists debarred the Crown. Every King, &c. shall make the Declaration of 30 Car. II. If under 12 Years old, to be done after Attainment thereof. King’s and Queen’s Assent

  Upon which their said Majestyes did accept the Crowne and Royall Dignitie of the Kingdoms of England France and Ireland and the Dominions thereunto belonging according to the Resolution and Desire of the said Lords and Commons contained in the said Declaration. And thereupon their Majestyes were pleased That the said Lords Spirituall and Temporall and Commons being the two Houses of Parlyament should continue to sitt and with their Majesties Royall Concurrence make effectuall Provision for the Setlement of the Religion Lawes and Liberties of this Kingdome soe that the same for the future might not be in danger againe of being subverted, To which the said Lords Spirituall and Temporall and Commons did agree and proceede to act accordingly. Now in pursuance of the Premisses the said Lords Spirituall and Temporall and Commons in Parlyament assembled for the ratifying confirming and establishing the said Declaration and the Articles Clauses Matters and Things therein contained by the Force of a Law made in due Forme by Authority of Parlyament doe pray that it may be declared and enacted That all and singular the Rights and Liberties asserted and claimed in the said Declaration are the true auntient and indubitable Rights and Liberties of the People of this Kingdome and soe shall be esteemed allowed adjudged deemed and taken to be and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed in the said Declaration And all Officers and Ministers whatsoever shall serve their Majestyes and their Successors according to the same in all times to come. And the said Lords Spirituall and Temporall and Commons seriously considering how it hath pleased Almighty God in his marvellous Providence and mercifull Goodness to this Nation to provide and preserve their said Majestyes Royall Persons most happily to Raigne over us upon the Throne of their Auncestors for which they render unto him from the bottome of their Hearts their humblest Thanks and Praises doe truely firmely assuredly and in the Sincerity of their Hearts thinke and doe hereby recognize acknowledge and declare That King James the Second haveing abdicated the Government and their Majestyes haveing accepted the Crowne and Royall Dignity ( ^X3 as) aforesaid Their said Majestyes did become were are and of right ought to be by the Lawes of this Realme our Soveraigne Liege Lord and Lady King and Queene of England France and Ireland and the Dominions thereunto belonging in and to whose Princely Persons the Royall State Crowne and Dignity of the said Realmes with all Honours Stiles Titles Regalities Prerogatives Powers Jurisdictions and Authorities to the same belonging and appertaining are most fully rightfully and intirely invested and incorporated united and annexed And for preventing all Questions and Divisions in this Realme by reason of any pretended Titles to the Crowne and for preserveing a Certainty in the Succession thereof in and upon which the Unity Peace Tranquillity and Safety of this Nation doth under God wholly consist and depend The said Lords Spirituall and Temporall and Commons doe beseech their Majestyes That it may be enacted established and declared That the Crowne and Regall Government of the said Kingdoms and Dominions with all and singular the Premisses thereunto belonging and appertaining shall bee and continue to their said Majestyes and the Survivour of them dureing their Lives and the Life of the Survivour of them And that the entire perfect and full Exercise of the Regall Power and Government be onely in and executed by his Majestie in the Names of both their Majestyes dureing their joynt Lives And after their deceases the said Crowne and Premisses shall be and remaine to the Heires of the Body of her Majestie and for default of such Issue to her Royall Highnesse the Princess Anne of Denmarke and the Heires of her Body and for default of such Issue to the Heires of the Body of his said Majestie And thereunto the said Lords Spirituall and Temporall and Commons doe in the Name of all the People aforesaid most humbly and faithfully submitt themselves their Heires and Posterities for ever and doe faithfully promise That they will stand to maintaine and defend their said Majesties and alsoe the Limitation and Succession of the Crowne herein specified and contained to the utmost of their Powers with their Lives and Estates against all Persons whatsoever that shall attempt any thing to the contrary. And whereas it hath beene found by Experience that it is inconsistent with the Safety and Welfaire of this Protestant Kingdome to be governed by a Popish Prince or by any King or Queene marrying a Papist the said Lords Spirituall and Temporall and Commons doe further pray that it may be enacted That all and every person and persons that is are or shall be reconciled to or shall hold Communion with the See or Church of Rome or shall professe the Popish Religion or shall marry a Papist shall be excluded and be for ever uncapeable to inherit possesse or enjoy the Crowne and Government of this Realme and Ireland and the Dominions thereunto belonging or any part of the same or to have use or exercise any Regall Power Authoritie or Jurisdiction within the same ( ^X4 And in all and every such Case or Cases the People of these Realmes shall be and are hereby absolved of their Allegiance) And the said Crowne and Government shall from time to time descend to and be enjoyed by such person or persons being Protestants as should have inherited and enjoyed the same in case the said person or persons soe reconciled holding Communion or Professing or Marrying as aforesaid were naturally dead ( ^X5 And that every King and Queene of this Realme who at any time hereafter shall come to and succeede in the Imperiall Crowne of this Kingdome shall on the first day of the meeting of the first Parlyament next after his or her comeing to the Crowne sitting in his or her Throne in the House of Peeres in the presence of the Lords and Commons therein assembled or at his or her Coronation before such person or persons who shall administer the Coronation Oath to him or her at the time of his or her takeing the said Oath (which shall first happen) make subscribe and audibly repeate the Declaration mentioned in the Statute made in the thirtyeth yeare of the Raigne of King Charles the Second Entituled An Act for the more effectuall Preserveing the Kings Person and Government by disableing Papists from sitting in either House of Parlyament But if it shall happen that such King or Queene upon his or her Succession to the Crowne of this Realme shall be under the Age of twelve yeares then every such King or Queene shall make subscribe and audibly repeate the said Declaration at his or her Coronation or the first day of the meeting of the first Parlyament as aforesaid which shall first happen after such King or Queene shall have attained the said Age of twelve yeares.) All which Their Majestyes are contented and pleased shall be declared enacted and established by authoritie of this present Parliament and shall stand remaine and be the Law of this Realme for ever And the same are by their said Majesties by and with the advice and consent of the Lords Spirituall and Temporall and Commons in Parlyament assembled and by the authoritie of the same declared enacted and established accordingly

  Annotations:
  Amendments (Textual)
  F1 Words repealed by (E.W.) Juries Act 1825 (c. 50), s. 62 and (N.I.) Statute Law Revision Act 1950 (c. 6), Sch. 1

  Modifications etc. (not altering text)
  C1 Short title given by Short Titles Act 1896 (c. 14), Sch. 1
  C2 Act declared to be a Statute by Crown and Parliament Recognition Act 1689 (c. 1)
  C3 S. 1 amended by Accession Declaration Act 1910 (c. 29), s. 1

  Editorial Information
  X1 Variant reading of the text noted in The Statutes of the Realm as follows: Highnesse O. (O. refers to a collection in the library of Trinity College, Cambridge)
  X2 Variant reading of the text noted in The Statutes of the Realm as follows: and O. (O. refers to a collection in the library of Trinity College, Cambridge)
  X3 interlined on the Roll.
  X4 annexed to the Original Act in a separate Schedule.
  X5 annexed to the Original Act in a separate Schedule.

  II. Non obstantes made void.
  Noe Dispensation by Non obstante of or to any Statute or any part thereof shall be allowed but the same shall be held void and of noe effect Except a Dispensation be allowed of in such Statute . . . ^F2

  Annotations:
  Amendments (Textual)
  F2 Words repealed by Statute Law Revision Act 1948 (c. 62), Sch. 1

  III. ^F3
  Annotations:
  Amendments (Textual)
  F3 S. 3 repealed by Statute Law Revision Act 1867 (c. 59)

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• Petar Zivkovic published this page in Constitutional Documents 2020-04-14 19:09:28 +1000

  The Australian Constitution

  The Australian Constitution Bill was firstly drafted by Sir Samuel Griffith together with others and was revised by Sir Samuel, Mr Charles Kingston, Sir Edmund Barton and Mr Andrew Inglis Clark when aboard the Queensland Government yacht Lucinda, during the Easter break of the 1891 Convention which was held in Sydney. This draft was later revived and debated at the 1897–98 Convention, and final changes were made at a 'Premiers' Conference' which was held behind closed doors early in 1899. 
  
  

  

  
  The  Constitution is essentially ‘the birth certificate of a nation’ and is the fundamental law of Australia binding everybody including the Commonwealth Parliament and the Parliament of each State.

  The Constitution came about at a series of conventions held during the 1890s and attended by representatives from each of the then the colonies. These colonies became our current States following implementation of the Constitution which resulted in the States federating into one nation.

  At referendums held at the end of the 19th century, the terms were agreed upon by the people of New South Wales, Victoria, Queensland, South Australia, Tasmania and later Western Australia. The Constitution was then passed as part of a British Act of Parliament in 1900 and took effect on 1 January 1901.

  It was necessary for the British parliament to pass the Act because before 1901 Australia was a collection of six self-governing British colonies and ultimate power over those colonies rested with the British Parliament. However, it should be made clear that the Constitution was drafted by Australians and voted upon by Australians.

    

  The Australian Constitution
  Produced by the Parliamentary Education Office, Canberra
  
  

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  Short title 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:

  1. Short title¹

     This Act may be cited as the Commonwealth of Australia Constitution Act.

  2. Act to extend to the Queen's successors

     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.

  3. Proclamation of Commonwealth

     It shall be lawful for the Queen, with the advice of the Privy Council, to declare by proclamation² 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 name of the Commonwealth of Australia. But the Queen may, at any time after the proclamation, appoint a Governor-General for the Commonwealth.

  4. Commencement of Act

     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.

  5. Operation of the Constitution and laws

     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.³

  6. Definitions

     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.

  7. Repeal of Federal Council Act

     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 repealed⁴ as to any State by the Parliament of the Commonwealth, or as to any colony not being a State by the Parliament thereof.

  8. Application of Colonial Boundaries Act

     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.

  9. Constitution¹

     The Constitution of the Commonwealth shall be as follows:

     The Constitution

     This Constitution is divided as follows:

     • Chapter I — 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
     • The Schedule

  Chapter I. The Parliament.

  Back to Index

  Part I - General

  Back to Index

  1. Legislative power

     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 hereinafter called The Parliament, or The Parliament of the Commonwealth.

  2. Governor-General

     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.

  3. Salary of Governor-General

     There shall be payable to the Queen out of the Consolidated Revenue fund of the Commonwealth, for the salary of the Governor-General, an 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.

  4. Provisions relating to Governor-General

     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.

  5. Sessions of Parliament, prorogation and dissolution

     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.

     Summoning Parliament

     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.

     First session

     The Parliament shall be summoned to meet not later than six months after the establishment of the Commonwealth.

  6. Yearly session of Parliament

     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

  Back to Index

  1. 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 State⁵, 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.

  2. Qualification of electors

     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.

  3. Method of election of senators

     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 laws⁶ prescribing the method of choosing the senators for that State.

     Times and places

     The Parliament of a State may make laws for determining the times and places of elections of senators for the State.

  4. Application of State laws

     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.

  5. Failure to choose senators

     The Senate may proceed to the despatch of business, notwithstanding the failure of any State to provide for its representation in the Senate.

  6. Issue of writs

     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.

  7. Rotation of senators⁷

     As soon as may be after the Senate first meets, and after each 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 three years, and the places of those of the second class at the expiration of six years, 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 within one year before 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 July 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 July preceding the day of his election.

  8. Further provision for rotation

     Whenever the number of senators for a State is increased or diminished, the Parliament of the Commonwealth may make such provision for the vacating of the places of senators for the State as it deems necessary to maintain regularity in the rotation.⁸

  9. Casual vacancies⁹

     If the place of a senator becomes vacant before the expiration of his term of service, the Houses of Parliament of the State for which he was chosen, sitting and voting together, or, if there is only one House of that Parliament, that House, shall choose a person to hold the place until the expiration of the term. But if the Parliament of the State is not in session 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 from the beginning of the next session of the Parliament of the State or the expiration of the term, whichever first happens.

     Where a vacancy has at any time occurred in the place of a senator chosen by the people of a State and, at the time when he was so chosen, he was publicly recognized by a particular political party as being an endorsed candidate of that party and publicly represented himself to be such a candidate, a person chosen or appointed under this section in consequence of that vacancy, or in consequence of that vacancy and a subsequent vacancy or vacancies, shall, unless there is no member of that party available to be chosen or appointed, be a member of that party.

     Where:

     1. in accordance with the last preceding paragraph, a member of a particular political party is chosen or appointed to hold the place of a senator whose place had become vacant; and

     2. before taking his seat he ceases to be a member of that party (otherwise than by reason of the party having ceased to exist);

     he shall be deemed not to have been so chosen or appointed and the vacancy shall be again notified in accordance with section twenty-one of this Constitution.

     The name of any senator chosen or appointed under this section shall be certified by the Governor of the State to the Governor-General.

     If the place of a senator chosen by the people of a State at the election of senators last held before the commencement of the Constitution Alteration (Senate Casual Vacancies) 1977 became vacant before that commencement and, at that commencement, no person chosen by the House or Houses of Parliament of the State, or appointed by the Governor of the State, in consequence of that vacancy, or in consequence of that vacancy and a subsequent vacancy or vacancies, held office, this section applies as if the place of the senator chosen by the people of the State had become vacant after that commencement.

     A senator holding office at the commencement of the Constitution Alteration (Senate Casual Vacancies) 1977, being a senator appointed by the Governor of a State in consequence of a vacancy that had at any time occurred in the place of a senator chosen by the people of the State, shall be deemed to have been appointed to hold the place until the expiration of fourteen days after the beginning of the next session of the Parliament of the State that commenced or commences after he was appointed and further action under this section shall be taken as if the vacancy in the place of the senator chosen by the people of the State had occurred after that commencement.

     Subject to the next succeeding paragraph, a senator holding office at the commencement of the Constitution Alteration (Senate Casual Vacancies) 1977 who was chosen by the House or Houses of Parliament of a State in consequence of a vacancy that had at any time occurred in the place of a senator chosen by the people of the State shall be deemed to have been chosen to hold office until the expiration of the term of service of the senator elected by the people of the State.

     If, at or before the commencement of the Constitution Alteration (Senate Casual Vacancies) 1977, a law to alter the Constitution entitled "Constitution Alteration (Simultaneous Elections) 1977" came into operation,¹⁰ a senator holding office at the commencement of that law who was chosen by the House or Houses of Parliament of a State in consequence of a vacancy that had at any time occurred in the place of a senator chosen by the people of the State shall be deemed to have been chosen to hold office:

     1. if the senator elected by the people of the State had a term of service expiring on the thirtieth day of June, One thousand nine hundred and seventy-eight – until the expiration or dissolution of the first House of Representatives to expire or be dissolved after that law came into operation; or

     2. if the senator elected by the people of the State had a term of service expiring on the thirtieth day of June, One thousand nine hundred and eighty-one – until the expiration or dissolution of the second House of Representatives to expire or be dissolved after that law came into operation; or, if there is an earlier dissolution of the Senate, until that dissolution.

  10. Qualifications of senator

      The qualifications of a senator shall be the same as those of a member of the House of Representatives.

  11. Election of President

      The Senate shall, before proceeding to the despatch of any other business, choose a senator to be the President of the Senate; 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.

  12. Absence of President

      Before or during any absence of the President, the Senate may choose a senator to perform his duties in his absence.

  13. Resignation of senator

      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.

  14. Vacancy by absence

      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.

  15. Vacancy to be notified

      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.

  16. Quorum

      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.

  17. Voting in Senate

      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 a vote; and when the votes are equal the question shall pass in the negative.

  Part III - The House of Representatives

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  1. Constitution of 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:

     1. 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;

     2. 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.

  2. Provisions as to races disqualified from voting

     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 shall not be counted.

  3. Representatives in first Parliament

     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;

     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.

  4. Alteration of number of members

     Subject to this Constitution, the Parliament may make laws for increasing or diminishing the number of the members of the House of Representatives.

  5. Duration of 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.

  6. Electoral divisions

     Until the Parliament of the Commonwealth otherwise provides, the Parliament of any State may make laws¹¹ 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.

  7. Qualification of electors

     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.

  8. Application of State laws

     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.

  9. Writs for general election

     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.

  10. Writs for vacancies

      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.

  11. Qualifications of members

      Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as follows:

      1. 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;

      2. 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 Colony which has become or becomes a State, or of the Commonwealth, or of a State.

  12. Election of Speaker

      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.

  13. Absence of Speaker

      Before or during any absence of the Speaker, the House of Representatives may choose a member to perform his duties in his absence.

  14. Resignation of member

      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.

  15. Vacancy by absence

      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.

  16. Quorum

      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.

  17. Voting in House of Representatives

      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

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  1. Right of electors of States

     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.

  2. Oath or affirmation of allegiance

     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.

  3. Member of one House ineligible for other

     A member of either House of the Parliament shall be incapable of being chosen or of sitting as a member of the other House

  4. Disqualification

     Any person who:

     1. 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

     2. 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 is an undischarged bankrupt or insolvent; or

     3. 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 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 subsection (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.

  5. Vacancy on happening of disqualification

     If a senator or member of the House of Representatives:

     1. becomes subject to any of the disabilities mentioned in the last preceding section; or

     2. takes the benefit, whether by assignment, composition, or otherwise, of any law relating to bankrupt or insolvent debtors; or

     3. 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.

  6. Penalty for sitting when disqualified

     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.

  7. Disputed elections

     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.

  8. Allowance to members

     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.

  9. Privileges etc. of Houses

     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.

  10. Rules and orders

      Each House of the Parliament may make rules and orders with respect to:

      1. the mode in which its powers, privileges, and immunities may be exercised and upheld;

      2. the order and conduct of its business and proceedings either separately or jointly with the other House.

  Part V - Powers of the Parliament

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  1. Legislative powers of the Parliament

     The Parliament shall, subject to this Constitution, have power¹² to make laws for the peace, order, and good government of the Commonwealth with respect to:

     1. trade and commerce with other countries, and among the States;

     2. taxation; but so as not to discriminate between States or parts of States;

     3. bounties on the production or export of goods, but so that such bounties shall be uniform throughout the Commonwealth;

     4. borrowing money on the public credit of the Commonwealth;

     5. postal, telegraphic, telephonic, and other like services;

     6. 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;

     7. lighthouses, lightships, beacons and buoys;

     8. astronomical and meteorological observations;

     9. quarantine;

     10. fisheries in Australian waters beyond territorial limits;

     11. census and statistics;

     12. currency, coinage, and legal tender;

     13. 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;

     14. insurance, other than State insurance; also State insurance extending beyond the limits of the State concerned;

     15. weights and measures;

     16. bills of exchange and promissory notes;

     17. bankruptcy and insolvency;

     18. copyrights, patents of inventions and designs, and trade marks;

     19. naturalization and aliens;

     20. foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth;

     21. marriage;

     22. divorce and matrimonial causes; and in relation thereto, parental rights, and the custody and guardianship of infants;

     23. invalid and old-age pensions;

     24. ¹³the provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorize any form of civil conscription), benefits to students and family allowances;

     25. the service and execution throughout the Commonwealth of the civil and criminal process and the judgments of the courts of the States;

     26. the recognition throughout the Commonwealth of the laws, the public Acts and records, and the judicial proceedings of the States;

     27. ¹⁴the people of any race for whom it is deemed necessary to make special laws;

     28. immigration and emigration;

     29. the influx of criminals;

     30. external affairs;

     31. the relations of the Commonwealth with the islands of the Pacific;

     32. 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;

     33. the control of railways with respect to transport for the naval and military purposes of the Commonwealth;

     34. the acquisition, with the consent of a State, of any railways of the State on terms arranged between the Commonwealth and the State;

     35. railway construction and extension in any State with the consent of that State;

     36. conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State;

     37. matters in respect of which this Constitution makes provision until the Parliament otherwise provides;

     38. matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States,¹⁵ but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law;

     39. 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;

     40. 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.

  2. Exclusive powers of the Parliament

     The Parliament shall, subject to this Constitution, have exclusive power to make laws for the peace, order, and good government of the Commonwealth with respect to:

     1. the seat of government of the Commonwealth, and all places acquired by the Commonwealth for public purposes;

     2. 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;

     3. other matters declared by this Constitution to be within the exclusive power of the Parliament.

  3. Powers of the Houses in respect of legislation

     Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a 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 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.

  4. Appropriation Bills

     The proposed law which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation.

  5. Tax Bill

     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.

  6. Recommendation of money votes

     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.

  7. Disagreement between the Houses

     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.

     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.

  8. Royal assent to Bills

     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.

     Recommendations by Governor-General

     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.

  9. Disallowance by the Queen

     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.

  10. Signification of Queen's pleasure on Bills reserved

      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.

  Chapter II. The Executive Government.

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  1. Executive power

     The executive power of the Commonwealth is vested in the Queen and is exercisable 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.

  2. Federal Executive Council

     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.

  3. Provisions referring to Governor-General

     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.

  4. Ministers of State

     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.

     Ministers to sit in Parliament

     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.

  5. Number of Ministers

     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.

  6. Salaries of Ministers

     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.

  7. Appointment of civil servants

     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.

  8. Command of naval and military forces

     The command in chief of the naval and military forces of the Commonwealth is vested in the Governor-General as the Queen's representative.

  9. Transfer of certain departments

     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.

  10. Certain powers of Governors to vest in Governor-General

      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.

  Chapter III. The Judicature.

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  1. Judicial power and Courts

     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.

  2. Judges' appointment, tenure and remuneration¹⁶

     The Justices of the High Court and of the other courts created by the Parliament:

     1. shall be appointed by the Governor-General in Council;

     2. 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;

     3. shall receive such remuneration as the Parliament may fix; but the remuneration shall not be diminished during their continuance in office.

     The appointment of a Justice of the High Court shall be for a term expiring upon his attaining the age of seventy years, and a person shall not be appointed as a Justice of the High Court if he has attained that age.

     The appointment of a Justice of a court created by the Parliament shall be for a term expiring upon his attaining the age that is, at the time of his appointment, the maximum age for Justices of that court and a person shall not be appointed as a Justice of such a court if he has attained the age that is for the time being the maximum age for Justices of that court.

     Subject to this section, the maximum age for Justices of any court created by the Parliament is seventy years.

     The Parliament may make a law fixing an age that is less than seventy years as the maximum age for Justices of a court created by the Parliament and may at any time repeal or amend such a law, but any such repeal or amendment does not affect the term of office of a Justice under an appointment made before the repeal or amendment.

     A Justice of the High Court or of a court created by the Parliament may resign his office by writing under his hand delivered to the Governor-General.

     Nothing in the provisions added to this section by the Constitution Alteration (Retirement of Judges) 1977 affects the continuance of a person in office as a Justice of a court under an appointment made before the commencement of those provisions.

     A reference in this section to the appointment of a Justice of the High Court or of a court created by the Parliament shall be read as including a reference to the appointment of a person who holds office as a Justice of the High Court or of a court created by the Parliament to another office of Justice of the same court having a different status or designation.

  3. Appellate jurisdiction of High Court

     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:

     1. of any Justice or Justices exercising the original jurisdiction of the High Court;

     2. 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;

     3. of the Inter-State Commission, but as to questions of law only;

     and the 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.

  4. Appeal to Queen in Council

     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.

     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,¹⁷ but proposed laws containing any such limitation shall be reserved by the Governor-General for Her Majesty's pleasure.

  5. Original jurisdiction of High Court

     In all matters:

     1. arising under any treaty;

     2. affecting consuls or other representatives of other countries;

     3. in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party;

     4. between States, or between residents of different States, or between a State and a resident of another State;

     5. 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.

  6. Additional original jurisdiction

     The Parliament may make laws conferring original jurisdiction on the High Court in any matter:

     1. arising under this Constitution, or involving its interpretation;
     2. arising under any laws made by the Parliament;
     3. of Admiralty and maritime jurisdiction;
     4. relating to the same subject-matter claimed under the laws of different States.

  7. Power to define jurisdiction

     With respect to any of the matters mentioned in the last two sections the Parliament may make laws:

     1. defining the jurisdiction of any federal court other than the High Court;

     2. 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;

     3. investing any court of a State with federal jurisdiction.

  8. Proceedings against Commonwealth or State

     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.

  9. Number of judges

     The federal jurisdiction of any court may be exercised by such number of judges as the Parliament prescribes.

  10. Trial by jury

      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 where 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.

  Chapter IV. Finance And Trade.

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  1. Consolidated Revenue Fund

     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.

  2. Expenditure charged thereon

     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.

  3. Money to be appropriated by law

     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.

  4. Transfer of officers

     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 a 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.

  5. Transfer of property of State

     When any department of the public service of a State is transferred to the Commonwealth:

     1. 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;

     2. 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;

     3. 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;

     4. the Commonwealth shall, at the date of the transfer, assume the current obligations of the State in respect of the department transferred.

  6. [Customs, excise, and bounties]

     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.

  7. [Revenue from customs and excise duties]

     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.

  8. Uniform duties of customs

     Uniform duties of customs shall be imposed within two years after the establishment of the Commonwealth.

  9. Payment to States before uniform duties

     Until the imposition of uniform duties of customs:

     1. the Commonwealth shall credit to each State the revenues collected therein by the Commonwealth;

     2. the Commonwealth shall debit to each State:

        1. 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;

        2. the proportion of the State, according to the number of its people, in the other expenditure of the Commonwealth;

     3. the Commonwealth shall pay to each State month by month the balance (if any) in favour of the State.

  10. Exclusive power over customs, excise, and bounties

      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 lawfully 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.

  11. Exceptions as to bounties

      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.

  12. Trade within the Commonwealth to be free

      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.

  13. Payment to States for five years after uniform tariffs

      During the first five years after the imposition of uniform duties of customs, and thereafter until the Parliament otherwise provides:

      1. 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;

      2. 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.

  14. Distribution of surplus

      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 States of all surplus revenue of the Commonwealth.

  15. Customs duties of Western Australia

      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 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 one-fifth 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 is 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.

  16. Financial assistance to States

      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.

  17. Audit

      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.

  18. Trade and commerce includes navigation and State railways

      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.

  19. Commonwealth not to give preference

      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.

  20. Nor abridge right to use water

      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.

  21. Inter-State Commission

      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.

  22. Parliament may forbid preferences by State

      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.

  23. Commissioners' appointment, tenure, and remuneration

      The members of the Inter-State Commission:

      1. shall be appointed by the Governor-General in Council;

      2. 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;

      3. shall receive such remuneration as the Parliament may fix; but such remuneration shall not be diminished during their continuance in office.

  24. Saving of certain rates

      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.

  25. Taking over public debts of States

      The Parliament may take over from the States their public debts, 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.¹⁸

  26. Agreements with respect to State debts¹⁹

      1. The Commonwealth may make agreements with the States with respect to the public debts of the States, including:

         1. the taking over of such debts by the Commonwealth;

         2. the management of such debts;

         3. the payment of interest and the provision and management of sinking funds in respect of such debts;

         4. the consolidation, renewal, conversion, and redemption of such debts;

         5. the indemnification of the Commonwealth by the States in respect of debts taken over by the Commonwealth; and

         6. the borrowing of money by the States or by the Commonwealth, or by the Commonwealth for the States.

      2. The Parliament may make laws for validating any such agreement made before the commencement of this section.
      3. The Parliament may make laws for the carrying out by the parties thereto of any such agreement.
      4. Any such agreement may be varied or rescinded by the parties thereto.
      5. Every such agreement and any such variation thereof shall be binding upon the Commonwealth and the States parties thereto notwithstanding anything contained in this Constitution or the Constitution of the several States or in any law of the Parliament of the Commonwealth or of any State.
      6. The powers conferred by this section shall not be construed as being limited in any way by the provisions of section one hundred and five of this Constitution.

  Chapter V. The States.

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  1. Saving of Constitutions

     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.

  2. Saving of power of State Parliaments

     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.

  3. Saving of State laws

     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 alteration and of repeal in respect of any such law as the Parliament of the Colony had until the Colony became a State.

  4. Inconsistency of laws

     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.

  5. Provisions referring to Governor

     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.

  6. States may surrender territory

     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.

  7. States may levy charges for inspection laws

     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.

  8. Intoxicating liquids

     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.

  9. States may not raise forces. Taxation of property of Commonwealth or 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.

  10. States not to coin money

      A State shall not coin money, nor make anything but gold and silver coin a legal tender in payment of debts.

  11. Commonwealth not to legislate in respect of religion

      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.

  12. Rights of residents in States

      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.

  13. Recognition of laws etc. of States

      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.

  14. Protection of States from invasion and violence

      The Commonwealth shall protect every State against invasion and, on the application of the Executive Government of the State, against domestic violence.

  15. Custody of offenders against laws of the Commonwealth

      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 VI. New States.

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  1. New States may be admitted or established

     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.

  2. Government of territories

     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.

  3. Alteration of limits of States

     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.

  4. Formation of new States

     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 VII. Miscellaneous.

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  1. Seat of Government

     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.

     The Parliament shall sit at Melbourne until it meet at the seat of Government.

  2. Power to Her Majesty to authorise Governor-General to appoint deputies

     The Queen may authorise the Governor-General to appoint any person, or any persons jointly or severally, to be his deputy or deputies²⁰ 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.

  3. ²¹

  Chapter VIII. Alteration Of The Constitution.

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  1. Mode of altering the Constitution²²

     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 and Territory 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 and Territory 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 approve the proposed law, it shall be presented to the Governor-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.

     In this section, Territory means any territory referred to in section one hundred and twenty-two of this Constitution in respect of which there is in force a law allowing its representation in the House of Representatives.

  Schedule.

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  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 time to time.)

  Notes.

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  1. The Constitution as printed above contains all the alterations of the Constitution made up to 31 May 2013. These notes generally deal with matters up to that date. Particulars of the Acts by which the Constitution was altered are as follows:

     Act	Number and year	Date of Assent
     Constitution Alteration (Senate Elections) 1906	1, 1907	3 Apr 1907
     Constitution Alteration (State Debts) 1909	3, 1910	6 Aug 1910
     Constitution Alteration (State Debts) 1928	1, 1929	13 Feb 1929
     Constitution Alteration (Social Services) 1946	81, 1946	19 Dec 1946
     Constitution Alteration (Aboriginals) 1967	55, 1967	10 Aug 1967
     Constitution Alteration (Senate Casual Vacancies) 1977	82, 1977	29 July 1977
     Constitution Alteration (Retirement of Judges) 1977	83, 1977	29 July 1977
     Constitution Alteration (Referendums) 1977	84, 1977	29 July 1977

     Table of Amendments

     ad. = added or inserted; am. = amended; rep. = repealed; rs. = repealed and substituted

     Provision affected	How affected
     s. 13	am. No. 1, 1907
     s. 15	rs. No. 82, 1977
     s. 51	am. No. 81, 1946; No. 55, 1967
     s. 72	am. No. 83, 1977
     s. 105	am. No. 3, 1910
     s. 105A	ad. No. 1, 1929
     s. 127	rep. No. 55, 1967
     s. 128	am. No. 84, 1977

  2. Covering clause 3 – The Proclamation under covering clause 3 was made on 17 September 1900 and is published in Gazette 1901, p. 1.

  3. Covering clause 5 – Cf. the Statute of Westminster Adoption Act 1942.

  4. Covering clause 7 – The following Acts have repealed Acts passed by the Federal Council of Australasia:

     Defence Act 1903 (No. 20, 1903), s. 6

     Pearl Fisheries Act 1952 (No. 8, 1952), s. 3 (Pearl Fisheries Act 1952 repealed by Continental Shelf (Living Natural Resources) Act 1968, s. 3)

     Service and Execution of Process Act 1901 (No. 11, 1901), s. 2 (s. 2 subsequently repealed by Service and Execution of Process Act 1963, s. 3).

  5. Section 7 – The number of senators for each State was increased to 12 by the Representation Act 1983, s. 3.

  6. Section 9 – The following State Acts have been passed in pursuance of the powers conferred by s. 9:

     State	Number	Short title	How affected
     New South Wales	No. 73, 1900	Federal Elections Act 1900	Ss. 2, 3, 4, 5 and 6 and the Schedule repealed by No. 9, 1903; wholly repealed by No. 41, 1912
     	No. 9, 1903	Senators' Elections Act 1903	(Still in force)
     Victoria	No. 1715	Federal Elections Act 1900	Repealed by No. 1860
     	No. 1860	Senate Elections (Times and Places) Act 1903	Repealed by No. 2723
     	No. 2399	Senate Elections (Times and Places) Act 1912	Repealed by No. 2723
     	No. 2723	Senate Elections (Times and Places) Act 1915	Repealed by No. 3769
     	No. 3769	Senate Elections (Times and Places) Act 1928	Repealed by No. 6365
     	No. 6365	Senate Elections Act 1958	(Still in force)
     Queensland	64 Vic. No. 25	The Parliament of the Commonwealth Elections Act and The Elections Acts 1885 to 1898 Amendment Act of 1900	Operation exhausted
     	3 Edw.VII. No. 6	The Election of Senators Act of 1903	Repealed by 9 Eliz. II. No. 20
     	9 Eliz. II. No. 20	Senate Elections Act 1960	(Still in force)
     South Australia	No. 834, 1903	The Election of Senators Act 1903	(Still in force)
     Western Australia	No. 11, 1903	Election of Senators Act 1903	(Still in force)
     Tasmania	64 Vic. No. 59	The Federal Elections Act 1900	Repealed by 26 Geo. V. No. 3
     	3 Edw. VII No. 5	The Election of Senators Act 1903	Repealed by 26 Geo. V. No. 3
     	26 Geo. V No. 3	Senate Elections Act 1935	(Still in force)

  7. Section 13 was amended by the Constitution Alteration (Senate Elections) 1906, and previously read as follows:

     "13. As soon as may be after the Senate first meets, and after each 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 case 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."

  8. Section 14 – For the provisions applicable upon the increase in the number of senators to 12 made by the Representation Act 1983, see s. 3 of that Act.

  9. Section 15 was amended by the Constitution Alteration (Senate Casual Vacancies) 1977, and previously read as follows:

     "15. If the place of a senator becomes vacant before the expiration of his term of service, the Houses of Parliament of the State for 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."

  10. Section 15 – The proposed law to alter the Constitution entitled "Constitution Alteration (Simultaneous Elections) 1977" was submitted to the electors in each State of the Commonwealth on 21 May 1977: it was not approved by a majority of all the electors voting in a majority of the States. See Gazette 1977, No. S100, p. 1.

  11. Section 29 – The following State Acts were passed in pursuance of the powers conferred by s. 29, but ceased to be in force upon the enactment of the Commonwealth Electoral Act 1902:

      State	Number	Short title
      New South Wales	No. 73, 1900	Federal Elections Act 1900
      Victoria	No. 1667	Federal House of Representatives Victorian Electorates Act 1900
      Queensland	64 Vic. No. 25	The Parliament of the Commonwealth Elections Act and The Elections Acts 1885 to 1898 Amendment Act of 1900
      Western Australia	64 Vic. No. 6	Federal House of Representatives Western Australian Electorates Act 1900

  12. Section 51 – The following Imperial Acts extended the legislative powers of the Parliament:

      Number	Short title	Provision	How affected
      24 & 25 Geo. V. c. 49	Whaling Industry (Regulation) Act 1934	s. 15	For the United Kingdom, repealed by 1989 c. 43; in Australia, no longer necessary
      1 Edw. VIII. & 1. Geo. VI. c. 15	Geneva Convention Act 1937	s. 2	No longer necessary; see 5 & 6 Eliz. II. c. 52, s. 6(a) and Geneva Convention Act 1938 (Cth), No. 14, 1938
      2 & 3 Geo. VI. c. 62	Emergency Powers (Defence) Act 1939	s. 5	Repealed by 7 & 8 Eliz. II. c. 19, s. 10(3)(a) and the Fourth Schedule
      3 & 4 Geo. VI. c. 18	Army and Air Force (Annual) Act 1940	s. 3	Repealed by 2 Eliz. II. c. 5

  13. Section 51 (xxiiiA) – This section was inserted by the Constitution Alteration (Social Services) 1946.

  14. Section 51 (xxvi) was amended by the Constitution Alteration (Aboriginals) 1967, and previously read as follows:

      "(xxvi) the people of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws;"

  15. Section 51 (xxxvii) – The following Acts have been passed by the Parliaments of the States to refer matters to the Parliament under section 51 (xxxvii):

      State	Number	Short title	How affected
      New South Wales	No. 65, 1915	Commonwealth Powers (War) Act 1915	Expired 9 Jan 1921; see s. 5
      	No. 33, 1942	Commonwealth Powers Act 1942	Expired; see s. 4
      	No. 18, 1943	Commonwealth Powers Act 1943	Expired; see s. 4
      	No. 48, 1983	Commonwealth Powers (Meat Inspection) Act 1983	Repealed by No. 147, 1997
      	No. 182, 1986	Commonwealth Powers (Family Law – Children) Act 1986	(Still in force)
      	No. 61, 1992	Mutual Recognition (New South Wales) Act 1992	(Still in force)
      	No. 104, 1992	Commonwealth Powers (State Banking) Act 1992	(Still in force)
      	No. 100, 1993	Commonwealth Powers (Poultry Processing) Act 1993	Repealed by No. 55, 1997
      	No. 102, 1996	Trans-Tasman Mutual Recognition (New South Wales) Act 1996	(Still in force)
      	No. 1, 2001	Corporations (Commonwealth Powers) Act 2001	(Still in force)
      	No. 114, 2002	Terrorism (Commonwealth Powers) Act 2002	(Still in force)
      	No. 49, 2003	Commonwealth Powers (De Facto Relationships) Act 2003	(Still in force)
      	No. 69, 2008	Water (Commonwealth Powers) Act 2008	(Still in force)
      	No. 35, 2009	Personal Property Securities (Commonwealth Powers) Act 2009	(Still in force)
      	No. 115, 2009	Industrial Relations (Commonwealth Powers) Act 2009	(Still in force)
      	No. 6, 2010	Credit (Commonwealth Powers) Act 2010	(Still in force)
      	No 131, 2010	Vocational Education and Training (Commonwealth Powers) Act 2010	(Still in force)
      	No. 44, 2011	Business Names (Commonwealth Powers) Act 2011	(Still in force)
      Victoria	No. 3108	Commonwealth Powers (Air Navigation) Act 1920	Repealed by No. 4502, 1937
      	No. 3658	Commonwealth Arrangements Act 1928	Part III repealed by No. 4502, 1937; Parts I and II repealed by No. 6223, 1958
      	No. 4009	Debt Conversion Agreement Act 1931 (No. 2)	Repealed by No. 73, 2005
      	No. 4950	Commonwealth Powers Act 1943	Not proclaimed to come into operation and cannot now be so proclaimed
      	No. 92, 1986	Commonwealth Powers (Family Law – Children) Act 1986	(Still in force)
      	No. 2, 1993	Mutual Recognition (Victoria) Act 1993	Expired; see s. 6
      	No. 59, 1996	Commonwealth Powers (Industrial Relations) Act 1996	Repealed by No 24, 2009
      	No. 4, 1998	Trans-Tasman Mutual Recognition (Victoria) Act 1998	(Still in force)
      	No. 62, 1998	Mutual Recognition (Victoria) Act 1998	(Still in force)
      	No. 6, 2001	Corporations (Commonwealth Powers) Act 2001	(Still in force)
      	No. 14, 2003	Terrorism (Commonwealth Powers) Act 2003	(Still in force)
      	No. 84, 2004	Commonwealth Powers (De Facto Relationships) Act 2004	(Still in force)
      	No. 75, 2008	Water (Commonwealth Powers) Act 2008	(Still in force)
      	No. 24, 2009	Fair Work (Commonwealth Powers) Act 2009	(Still in force)
      	No. 60, 2009	Personal Property Securities (Commonwealth Powers) Act 2009	(Still in force)
      	No. 11, 2010	Credit (Commonwealth Powers) Act 2010	(Still in force)
      	No. 79, 2011	Business Names (Commonwealth Powers) Act 2011	(Still in force)
      Queensland	12 Geo. V. No. 30	The Commonwealth Powers (Air Navigation) Act 1921	Repealed by 1 Geo. VI. No. 8
      	22 Geo. V. No. 30	The Commonwealth Legislative Power Act 1931	Repealed by No. 46, 1983
      	7 Geo. VI. No. 19	Commonwealth Powers Act 1943	Expired; see s. 4
      	14 Geo. VI. No. 2	The Commonwealth Powers (Air Transport) Act 1950	(Still in force)
      	No. 37, 1990	Commonwealth Powers (Family Law – Children) Act 1990	(Still in force)
      	No. 67, 1992	Mutual Recognition (Queensland) Act 1992	(Still in force)
      	No. 43, 2001	Corporations (Commonwealth Powers) Act 2001	(Still in force)
      	No. 79, 2002	Terrorism (Commonwealth Powers) Act 2002	(Still in force)
      	No. 45, 2003	Trans-Tasman Mutual Recognition (Queensland) Act 2003	(Still in force)
      	No. 78, 2003	Commonwealth Powers (De Facto Relationships) Act 2003	(Still in force)
      	No. 58, 2008	Water (Commonwealth Powers) Act 2008	(Still in force)
      	No. 37, 2009	Personal Property Securities (Commonwealth Powers) Act 2009	(Still in force)
      	No. 49, 2009	Fair Work (Commonwealth Powers) and Other Provisions Act 2009	(Still in force)
      	No. 16, 2010	Credit (Commonwealth Powers) Act 2010	(Still in force)
      	No. 34, 2011	Business Names (Commonwealth Powers) Act 2011	(Still in force)
      	No. 11, 2012	Vocational Education and Training (Commonwealth Powers) Act 2012	(Still in force)
      South Australia	No. 1469, 1921	Commonwealth Powers (Air Navigation) Act 1921	Repealed by No. 2352, 1937
      	No. 2061, 1931	Commonwealth Legislative Power Act 1931	(Still in force)
      	No. 3, 1943	Commonwealth Powers Act 1943	Expired; see s. 5
      	No. 89, 1986	Commonwealth Powers (Family Law) Act 1986	(Still in force)
      	No. 72, 1993	Mutual Recognition (South Australia) Act 1993	(Still in force)
      	No. 27, 1999	Trans-Tasman Mutual Recognition (South Australia) Act 1999	(Still in force)
      	No. 21, 2001	Corporations (Commonwealth Powers) Act 2001	(Still in force)
      	No. 50, 2002	Terrorism (Commonwealth Powers) Act 2002	(Still in force)
      	No. 43, 2008	Water (Commonwealth Powers) Act 2008	(Still in force)
      	No. 47, 2009	Personal Property Securities (Commonwealth Powers) Act 2009	(Still in force)
      	No. 57, 2009	Fair Work (Commonwealth Powers) Act 2009	(Still in force)
      	No. 86, 2009	Commonwealth Powers (De Facto Relationships) Act 2009	(Still in force)
      	No. 2, 2010	Credit (Commonwealth Powers) Act 2010	(Still in force)
      	No. 2, 2012	Vocational Education and Training (Commonwealth Powers) Act 2012	(Still in force)
      	No. 4, 2012	Business Names (Commonwealth Powers) Act 2012	(Still in force)
      Western Australia	No. 4, 1943	Commonwealth Powers Act 1943	Repealed by No. 58, 1965
      	No. 57, 1945	Commonwealth Powers Act 1945	Repealed by No. 58, 1965
      	No. 30, 1947	Commonwealth Powers Act 1943, Amendment Act 1947	Repealed by No. 58, 1965
      	No. 31, 1947	Commonwealth Powers Act 1945, Amendment Act 1947	Repealed by No. 58, 1965
      	No. 73, 1947	Commonwealth Powers Act 1945, Amendment Act (No. 2) 1947	Repealed by No. 58, 1965
      	No. 81, 1947	Commonwealth Powers Act 1945-1947, Amendment (Continuance) Act 1947	Repealed by No. 58, 1965
      	No. 53, 1995	Mutual Recognition (Western Australia) Act 1995	Expired, see s. 7
      	No. 6, 2001	Mutual Recognition (Western Australia) Act 2001	Expired; see s. 7
      	No. 7, 2001	Corporations (Commonwealth Powers) Act 2001	(Still in force)
      	No. 53, 2002	Terrorism (Commonwealth Powers) Act 2002	(Still in force)
      	No. 26, 2006	Commonwealth Powers (De Facto Relationships) Act 2006	(Still in force)
      	No. 30, 2007	Trans-Tasman Mutual Recognition (Western Australia) Act 2007	(Still in force)
      	No. 13, 2010	Credit (Commonwealth Powers) Act 2010	(Still in force)
      	No. 52, 2010	Mutual Recognition (Western Australia) Act 2010	(Still in force)
      	No. 41, 2011	Personal Property Securities (Commonwealth Laws) Act 2011	(Still in force)
      	No. 6, 2012	Business Names (Commonwealth Powers) Act 2012	(Still in force)
      Tasmania	11 Geo. V. No. 42	Commonwealth Powers (Air Navigation) Act 1920	Repealed by 1 Geo. VI. No. 14
      	No. 46, 1952	Commonwealth Powers (Air Transport) Act 1952	(Still in force)
      	No. 62, 1966	Commonwealth Powers (Trade Practices) Act 1966	Expired; see s. 2
      	No. 5, 1987	Commonwealth Powers (Family Law) Act 1987	(Still in force)
      	No. 33, 1993	Mutual Recognition (Tasmania) Act 1993	(Still in force)
      	No. 39, 2001	Corporations (Commonwealth Powers) Act 2001	(Still in force)
      	No. 68, 2002	Terrorism (Commonwealth Powers) Act 2002	(Still in force)
      	No. 60, 2003	Trans-Tasman Mutual Recognition (Tasmania) Act 2003	(Still in force)
      	No. 18, 2006	Commonwealth Powers (De Facto Relationships) Act 2006	(Still in force)
      	No. 51, 2009	Credit (Commonwealth Powers) Act 2009	(Still in force)
      	No. 88, 2009	Industrial Relations (Commonwealth Powers) Act 2009	(Still in force)
      	No. 15, 2010	Personal Property Securities (Commonwealth Powers) Act 2010	(Still in force)
      	No. 30, 2011	Business Names (Commonwealth Powers) Act 2011	(Still in force)
      	No. 50, 2011	Vocational Education and Training (Commonwealth Powers) Act 2011	(Still in force)

  16. Section 72 was amended by the Constitution Alteration (Retirement of Judges) 1977, and previously read as follows:

      "72. The Justices of the High Court and of the other courts created by the Parliament:

      1. shall be appointed by the Governor-General in Council;
      2. 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;
      3. shall receive such remuneration as the Parliament may fix; but the remuneration shall not be diminished during their continuance in office."

  17. Section 74 – See Privy Council (Limitation of Appeals) Act 1968, Privy Council (Appeals from the High Court) Act 1975 and Kirmani v Captain Cook Cruises Pty Ltd (No. 2); Ex parte Attorney-General (QLD) (1985) 159 CLR 461.

  18. Section 105 was amended by the Constitution Alteration (State Debts) 1909, and previously read as follows:

      "105. 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."

  19. Section 105A – This section was inserted by the Constitution Alteration (State Debts) 1928.

  20. Section 126 – See clause IV of the Letters Patent relating to the Office of Governor-General, published in Gazette 2008 S179, pp. 3 and 4.

  21. Section 127 (titled "Aborigines not to be counted in reckoning population") was repealed by the Constitution Alteration (Aboriginals) 1967, and previously read as follows:

      "127. In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted."

  22. Section 128 was amended by the Constitution Alteration (Referendums) 1977, and previously read as follows:

      "128. 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 approve the proposed law, it shall be presented to the Governor-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."
      
      
      

       

      An Invitation to a Celebration of Federation Issued by the Government of New South Wales