COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT
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. This Act
may be cited as the Commonwealth of Australia Constitution Act.
2. 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. It shall
be lawful for the Queen, with the advice of the Privy Council, to declare by
proclamation that, on and after a day therein appointed, not being later that
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. 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 of the Constitution had taken effect at the passing of this Act.
5. 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.
6. "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. The Federal
Council of Australasia Act, 1885, is hereby repealed, but so as not to
affect any laws passed by the Federal Council of Australasia and in force at
the establishment of the Commonwealth.
Any
such law may be repealed as to any State by the Parliament of the Commonwealth,
or as to any colony not being a State by the Parliament thereof.
8. 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. 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 Government:
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.
Chapter I - The Parliament
Part
I - General
1. The
legislative power of the Commonwealth shall be vested in a Federal Parliament,
which shall consist of the Queen, a Senate, and a House of Representatives, and
which is herein-after called "The Parliament," or "The
Parliament of the Commonwealth."
2. 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. 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
the Governor-General shall not be altered during his continuance in office.
4. 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. The
Governor-General may appoint such times for holding the sessions of the
Parliament as he thinks fit, and may also from time to time, by Proclamation or
otherwise, prorogue the Parliament, and may in like manner dissolve the House
of Representatives.
After
any general election the Parliament shall be summoned to meet not later than
thirty days after the day appointed for the return of the writs. The Parliament
shall be summoned to meet not later than six months after the establishment of
the Commonwealth.
6. 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 nest session.
Part
II - The Senate
7. The Senate
shall be composed of senators for each State, directly chosen by the people of
the State, voting, until the Parliament otherwise provides, as one electorate.
But
until the Parliament of the Commonwealth otherwise provides, the Parliament of
the State of Queensland, if that State be an Original State, may make laws
dividing the State into divisions and determining the number of senators to be
chosen for each division, and in the absence of such provision the State shall
be one electorate.
Until
the Parliament otherwise provides there shall be six senators for each Original
State. The Parliament may make laws increasing or diminishing the number of
senators for each State, but so that equal representation of the several
Original States shall be maintained and that no Original State shall have less
than six senators. The senators shall be chosen for a term of six years, and
the names of the senators chosen for each State shall be certified by the
Government to the Governor-General.
8. 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.
9. The
Parliament of the Commonwealth may make laws prescribing the method of choosing
senators, but so that the method shall be uniform for all the States. Subject
to any such law, the Parliament of each State may make laws prescribing the
method of choosing the senators for that State.
The
Parliament of a State may make laws for determining the times and places of
elections of senators for the State.
10. 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.
11. The Senate
may proceed to despatch of business, notwithstanding the failure of any State
to provide for its representation in the Senate.
12. 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.
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 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 be 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 purpose 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.
14. 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.
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, 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
recognised by a particular political party as being an endorsed 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
(a)
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
(b)
before taking his seat he cease 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 a 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 Constitutional Alteration (Casual Senate 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 "Constitutional
Alteration (Simultaneous Elections) 1977" came into operation, 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:
(a)
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
(b)
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 first 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.
16. The
qualification of a senator shall be the same as those of a member of the House
of Representatives.
17. The Senate
shall, before proceeding to the despatch of any other business, choose a
senator to be to 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.
18. Before or
during any absence of the President, the Senate may choose a senator to perform
his duties in his absence.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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
24. 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 senators. The number of members chosen in the
several States shall be in proportion to the respective members of their people,
and shall, until the Parliament otherwise provides, be determined, whenever
necessary, in the following manner:
(i.)
A quota shall be ascertained by dividing the number of the people of the
Commonwealth, as shown by the latest statistics of the Commonwealth, by twice
the number of senators:
(ii.)
The number of members to be chosen in each State shall be determined by
dividing the number of 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.
25. 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 the race resident in that State shall
not be counted.
26.
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.
27. Subject to this Constitution, the Parliament may make
laws for increasing or diminishing the number of the members of the House of
Representatives.
28. Every
House of Representatives shall continue for three years from the first meeting
of the House, and no longer, but may be soon dissolved by the Governor-General.
29. Until the
Parliament of the Commonwealth otherwise provides, the Parliament of any State
may make laws for determining the divisions in each State for which members of
the House of Representatives may be chosen, and the number of members to be
chosen for each division. A division shall not be formed out of parts of
different States.
In
the absence of other provision each State shall be one electorate.
30.
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.
31. 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.
32. 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.
33. 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 for Governor-General in Council may issue the
writ.
34. Until the
Parliament otherwise provides, the qualifications of a member of the House of
Representatives shall be as follows:
(i.)
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
qualifies 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 was chosen:
(ii.)
He must be a subject of the Queen, either natural-born or for at least five
years naturalised 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.
35. 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.
36. Before or
during any absence of the Speaker, the House of Representatives may choose a
member to perform his duties in his absence.
37. 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 there-upon shall become vacant.
38. 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.
39. 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 it's powers.
40. 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
41. 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.
42. 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.
43. A member
of either House of Parliament shall be incapable of being chosen or of sitting
as a member of the other House.
44. Any person
who
(i.)
Is under any acknowledgement of allegiance, obedience, or adherence to a
foreign power, or is a subject or a citizen or entitled to the rights &
privileges of a subject or citizen of a foreign power: or
(ii.)
Is attained of treason, or has been convicted and is under sentence, or subject
to be sentenced, for any offence punishable under the law of the Commonwealth
or of a State by imprisonment for one year or longer: or
(iii.)
Is an undischarged bankrupt or insolvent: or
(iv.)
Holds any office of profit under the Crown, or any pension payable during the
pleasure of the Crown out of any of the revenues of the Commonwealth: or
(v.)
Has any direct or indirect pecuniary interest in any agreement with the Public
Service of the Commonwealth otherwise than as a member and in common with the
other members of an incorporated company consisting of more than twenty-five
persons:
shall
be incapable of being chosen or of sitting as a senator or a member of the
House of Representatives. But sub-section iv. does not apply to the office of
any of the Queen's Ministers of State for the Commonwealth, or of any of the
Queen's Ministers for a State, or to the receipt of pay, half pay, or a
pension, by any person as an officer or member of the Queen's navy or army, or
to the receipt of pay as an officer or member of the naval or military forces
of the Commonwealth by any person whose services are not wholly employed by the
Commonwealth.
45. If a
senator or member of the House of Representatives
(i.)
Becomes subject to any of the disabilities mentioned in the last preceding
section: or
(ii.)
Takes the benefit, whether by assignment, composition, or otherwise, of any law
relating to bankrupt or insolvent debtors: or
(iii.)
Directly or indirectly takes or agrees to take any fee or honorarium for
services rendered to the Commonwealth, or for services rendered in the
Parliament to any person or State:
his
place shall thereupon become vacant.
46. 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.
47. Until the
Parliament otherwise provides, any question respecting the qualification of a
senator or member of the House or 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.
48. 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.
49. 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.
50. Each House
of the Parliament may make rules and orders with respect to
(i.)
The mode in which its powers, privileges, and immunities may be exercised and
upheld:
(ii.)
The order and conduct of its business and proceedings either separately or
jointly with the other House.
Part
V - Powers of the Parliament
51. The
Parliament shall, subject to this Constitution, have power to make laws for the
peace, order, and good government of the Commonwealth with respect to:
(i.)
Trade and commerce with other countries, and among the States:
(ii.)
Taxation; but so as not to discriminate between States or parts of States:
(iii.)
Bounties on the production or export of goods, but so that such bounties shall
be uniform throughout the Commonwealth:
(iv.)
Borrowing money on the public credit of the Commonwealth:
(v.)
Postal, telegraphic, telephonic, and other like services:
(vi.)
The naval and military defence of the Commonwealth and of the several States,
and the control of the forces to execute and maintain the laws of the
Commonwealth.
(vii.)
Lighthouses, lightships, beacons and buoys:
(viii.)
Astronomical and meteorological observations:
(ix.)
Quarantine:
(x.)
Fisheries in Australian waters beyond territorial limits:
(xi.)
Census and statistics:
(xii.)
Currency, coinage, and legal tender:
(xiii.)
Banking, other than State banking; also State banking extending beyond the
limits of the State concerned, the incorporation of banks, and the issue of
paper money:
(xiv.)
Insurance, other than State insurance; also State insurance extending beyond
the limits of the State concerned:
(xv.)
Weights and measures:
(xvi.)
Bills of exchanging and promissory notes:
(xvii.)
Bankruptcy and insolvency:
(xviii.)
Copyrights, patents of inventions and designs, and trade marks: (xix.)
Naturalisation and aliens:
(xx.)
Foreign corporations, and trading or financial corporations formed within the
limits of the Commonwealth:
(xxi.)
Marriage:
(xxii.)
Divorce and matrimonial causes; and in relation thereto, parental rights, and
the custody and guardianship of infants:
(xxiii.)
Invalid and old-age pensions:
(xxiiiA.)
The provision of maternity allowances, widows' pensions, child endowment,
unemployment, pharmaceutical, sickness and hospital benefits, medical and
dental services (but not so as to authorise any form of civil conscription),
benefits to students and family allowances:
(xxiv.)
The service and execution throughout the Commonwealth of the civil and criminal
process and the judgments of the courts of the States:
(xxv.)
The recognition throughout the Commonwealth of the laws, the public Acts and
records, and the judicial proceedings of the States:
(xxvi.)
The people of any race, for whom it is deemed necessary to make special laws:
(xxvii.)
Immigration and emigration:
(xxviii.)
The influx of criminals:
(xxix.)
External Affairs:
(xxx.)
The relations of the Commonwealth with the islands of the Pacific:
(xxxi.)
The acquisition of property on just terms from any State or person for any
purpose in respect of which the Parliament has power to make laws:
(xxxii.)
The control of railways with respect to transport for the naval and military
purposes of the Commonwealth:
(xxxiii.)
The acquisition, with the consent of a State, of any railways of the State on
terms arranged between the Commonwealth and the State:
(xxxiv.)
Railway construction and extension in any State with the consent of that State:
(xxxv.)
Conciliation and arbitration for the prevention and settlement of industrial
disputes extending beyond the limits of any one State:
(xxxvi.)
Matters in respect of which this Constitution makes provision until the
Parliament otherwise provides:
(xxxvii.)
Matters referred to the Parliament of the Commonwealth by the Parliament or
Parliaments of any State or States, but so that the law shall extend only to
States by whose Parliaments the matter is referred, or which afterwards adopt
the law:
(xxxviii.)
The exercise within the Commonwealth, at the request or with the concurrence of
the Parliaments of all the States directly concerned, of any power which can at
the establishment of this Constitution be exercised only by the Parliament of
the United Kingdom or by the Federal Council of Australasia:
(xxxix.)
Matters incidental to the execution of any power vested by this Constitution in
the Parliament or in either House thereof, or in the Government of the
Commonwealth, or in the Federal Judicature, or in any department or officer of
the Commonwealth.
52. 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
(i.)
The seat of government of the Commonwealth, and all places acquired by the
Commonwealth for public purposes:
(ii.)
Matters relating to any department of the public service the control of which
is by this Constitution transferred to the Executive Government or the
Commonwealth:
(iii.)
Other matters declared by this Constitution to be within the exclusive power of
the Parliament.
53. Proposed
laws appropriating revenue or moneys, or 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.
54. The
proposed law which appropriates revenue or moneys for the ordinary annual
services of the Government shall deal only with such appropriation.
55. 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.
56. 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.
57. 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 Houses of the Parliament, and shall
be presented to the Governor-General for the Queen's assent.
58. When a
proposed law passed by both Houses of the Parliament is presented to the
Governor-General for the Queen's assent, he shall declare, according to his
discretion, but subject to this Constitution, that he assents in the Queen's
name, or that he withholds assent, or that he reserves the law for the Queen's
pleasure. The Governor-General may return to the house in which it originated
any proposed law so presented to him, and may transmit therewith any amendments
which he may recommend, and the Houses may deal with the recommendation.
59. 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.
60. 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
61. 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.
62. 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.
63. 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.
64. 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 he pleasure of the Governor-General. They
shall be members of the Federal Executive Council, and shall be the Queen's
Ministers of State for the Commonwealth.
After
the first general election no Minister of State shall hold office for a longer
period than three months unless he is or becomes a senator or a member of the
House of Representatives.
65. Until the
Parliament otherwise provides, the Ministers of the 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.
66. 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.
67. 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.
68. The
command in chief of the naval and military forces of the Commonwealth is vested
in the Governor-General as the Queen's representative.
69. 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.
70. 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
71. 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.
72. The
Justices of the High Court and of the other courts created by the Parliament
(i.)
Shall be appointed by the Governor-General in Council:
(ii.)
Shall not be removed except by the Governor-General in Council, on an address
from both Houses of the Parliament in the same session, praying for such
removal on the ground of proved misbehaviour or incapacity:
(iii.)
Shall receive such remuneration as the Parliament may fix; but the remuneration
shall not be diminished during their continuance in office.
The
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.
73. The High
Court shall have jurisdiction, with such exceptions and subject to such
regulations as the Parliament prescribes, to hear and determine appeals from
all judgments, decrees, orders, and sentences
(i.)
Of any Justice or Justices exercising the original jurisdiction of the High
Court:
(ii.)
Of any other federal court, or court exercising federal jurisdiction; or of the
Supreme Court of any State, or of any other court of any State from which at
the establishment of the Commonwealth an appeal lies to the Queen in Council:
(iii.)
Of the Inter-State Commission, but as to questions of law only:
and
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.
74. 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 please 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 leave may be asked, but
proposed laws containing any such limitations shall be reserved by the
Governor-General for Her Majesty's pleasure.
75. In all
matters
(i.)
Arising under any treaty:
(ii.)
Affecting consuls or other representatives of other countries:
(iii.)
In which the Commonwealth, or a person suing or being sued on behalf of the
Commonwealth, is a party:
(iv.)
Between States, or between residents of different States, or between a State
and a resident of another State:
(v.)
In which a writ of Mandamus or prohibition or an injunction is sought against
an officer of the Commonwealth:
the
High Court shall have original jurisdiction.
76. The
Parliament may make laws conferring original jurisdiction on the High Court in
any matter
(i.)
Arising under this Constitution, or involving its interpretation:
(ii.)
Arising under any laws made by the Parliaments:
(iii.)
Of Admiralty and maritime jurisdiction:
(iv.)
Relating to the same subject-matter claimed under the laws of different States.
77. With
respect to any of the matters mentioned in the last two sections the Parliament
may make laws
(i.)
Defining the jurisdiction of any federal court other than the High Court:
(ii.)
Defining the extent to which the jurisdiction of any federal court shall be
exclusive of that which belongs to or is invested in the courts of the States:
(iii.)
Investing any court of a State with federal jurisdiction.
78. The
Parliament may make laws conferring rights to proceed against the Commonwealth
or a State in respect of matters within the limits of the judicial power.
79. The
federal jurisdiction of any court may be exercised by such number of judges as
the Parliament prescribes.
80. 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
81. 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.
82. 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.
83. 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.
84. 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.
85. When any
departments of the public service of a State is transferred to the Commonwealth
(i.)
All property of the State of any kind, used exclusively in connection 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:
(ii.)
The Commonwealth may acquire any property of the State, of any kind used, but
not exclusively used in connection 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:
(iii.)
The Commonwealth shall compensate the State for the value of any property
passing to the Commonwealth under this section; if no agreement can be made as
to the mode of compensation, it shall be determined under laws to be made by
the Parliament:
(iv.)
The Commonwealth shall, at the date of the transfer, assume the current
obligations of the State in respect of the department transferred.
86. 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.
87. 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 the 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.
88. Uniform
duties of customs shall be imposed within two years after the establishment of
the Commonwealth.
89. Until the
imposition of uniform duties of custom
(i.)
The Commonwealth shall credit to each State the revenues collected therein by
the Commonwealth.
(ii.)
The Commonwealth shall debit to each State (a) The expenditure therein of the
Commonwealth incurred solely for the maintenance or continuance, as at the time
of transfer, of any department transferred from the State to the Commonwealth;
(b) The proportion of the State, according to the number of its people, in the
other expenditure of the Commonwealth.
(iii.)
The Commonwealth shall pay to each State month by month the balance (if any) in
favour of the State.
90. 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.
91. Nothing in
this Constitution prohibits a State from granting any aid to or bounty on
mining for gold, silver, or other metals, not 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.
92. 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.
93. During the
first five years after the imposition of uniform duties of customs, and
thereafter until the Parliament otherwise provides
(i.)
The duties of customs chargeable on goods imported into a State and afterwards
passing into another State for consumption, and the duties of excise paid on
goods produced or manufactured in a State and afterwards passing into another
State for consumption, shall be taken to have been collected not in the former
but in the latter State:
(ii.)
Subject to the last subsection, the Commonwealth shall credit revenue, debit
expenditure, and pay balances to the several States as prescribed for the period
preceding the imposition of uniform duties of customs.
94. 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.
95.
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,
two-fifth, 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.
96. 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.
97. 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.
98. 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.
99. 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.
100. 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.
101. 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.
102. 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 connection 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.
103. The
members of the Inter-State Commission
(i.)
Shall be appointed by the Governor-General in Council:
(ii.)
Shall hold office for seven years, but may be removed within that time by the
Governor-General in Council, on an address from both Houses of the Parliament
in the same session praying for such removal on the ground of proved
misbehaviour or incapacity:
(iii.)
Shall receive such remuneration as the Parliament may fix; but such
remuneration shall not be diminished during their continuance in office.
104. 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.
105. 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; ad 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.
105A.
(1) The Commonwealth may make agreements with the States with respect to
the public debts of the States, including
(a)
the taking over of such debts by the Commonwealth;
(b)
the management of such debts;
(c)
the paying of interest and the provision and management of sinking funds in
respect of such debts;
(d)
the consolidation, renewal, conversion, and redemption of such debts;
(e)
the indemnification of the Commonwealth by the States in respect of debts taken
over by the Commonwealth; and
(f)
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 of any such
agreement.
(4)
Any such agreement may be varied or rescinded by the parties therein.
(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 provision of section one hundred and five of this Constitution.
Chapter
V - The States
106. 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 of establishment of the State, as the case may be, until altered
in accordance with the Constitution of the State.
107. 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.
108. 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.
109. 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.
110. 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.
111. 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.
112. After
uniform duties of customs have been imposed, a State may levy on imports, or on
goods passing into or out of the State such charges as my 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.
113. 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.
114. 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, not shall the Commonwealth impose any tax on
property of any kind belonging to a State.
115. A State
shall not coin money, nor make anything but gold and silver coin a legal tender
in payment of debts.
116. 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.
117. A subject
of the Queen, resident in any State, shall not be subject to 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.
118. Full faith
and credit shall be given, throughout the Commonwealth to the laws, the public
Acts and records, and the judicial proceeding of every State.
119. The
Commonwealth shall protect every State against the invasion and, on the
application of the Executive Government of the State, against domestic
violence.
120. Every
State shall make provisions 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 effects to this provision.
Chapter
VI - New States
121. The
Parliament may admit to the Commonwealth or establish new States, and may upon
such admission or establishment make or impose such terms and conditions,
including the extent of representation in either House of the Parliament, as it
thinks fit.
122. 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 an accepted 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.
123. 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.
124. 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
125. 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.
126. The Queen
may authorise the Governor-General to appoint any person, or any persons
jointly or severally, to be his deputy or deputies within any part of the
Commonwealth, and in that capacity to exercise during the pleasure of the
Governor-General 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.
Chapter
VIII - Alteration Of The Constitution
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 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 amendments 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 Representative, in 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
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.)