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A Constitution for an Australian Republic

Draft by Peter Crayson

Minimalist Constitution Model 1 - Nomination of the President by a Constitutional Council and Parliament Given the Option of Appointment of the President or Popular Election

Peter Crayson, a member of the Upper North Shore Forum (in the Sydney metropolitan area) of the Australian Republican Movement, has prepared this draft republican constitution for discussion. It is based on the current Australian Constitution and borrows from the drafts prepared by Professor George Winterton, Malcolm Turnbull and Baden Teague, all of which are on the Australian Republican Movement's web site (accessible from my home page), and John Hirst, in his book A Republican Manifesto (Oxford University Press, 1994). Significant and constructive feedback has been received from Stephen Souter.

Provisions which are obsolete or which need to be deleted (e.g., in order to establish a republic) are struck out by rules through the relevant words.

New provisions are printed in bold type. Explanations of reasons for changes and references to sources are in italics following the relevant section.


[Click here to see summarised comments on significant amendments.]

[Click here to see a list of suggested future amendments.]


COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT

An Act to Constitute the Commonwealth of Australia as a Republic

Whereas the indigenous people of Australia had continuously owned and occupied the land and established a rich cultural heritage over many tens of thousands of years and had exercised hegemony over the land until British colonisation commenced on the twenty-sixth day of January, 1788:

And whereas Whereas the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania and Western Australia, humbly relying on the blessing of Almighty God, have agreed to unite on the first day of January, 1901 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:

And whereas sovereignty resides in the People of Australia, from whom the legal and moral authority of this Constitution is drawn:

We, the People of Australia, finding unity in diversity, acknowledging the equality of all before the law, believing in liberty, equity and fairness, and declaring ourselves to be a sovereign and independent democracy based on the principles of responsible and accountable government, the rule of law and the separation of powers, have decided to constitute the Commonwealth of Australia as a republic.

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.

Short title.

2. The provisions of this Act referring to the Queen Crown shall extend to Her Majesty's heirs and successors in the sovereignty of the United Kingdom. refer to the body politic in general as organised for civil rule and government, and extend to the body politic of the Commonwealth, the bodies politic of the States, the bodies politic of the Territories of the Commonwealth, and any other such bodies politic as may be constituted according to law from time to time.

Any powers or functions vested in the Crown shall, subject to this Constitution and to law, be vested in the President, and any reference to the Crown as a person shall be deemed to be a reference to the President.

Definition of the Crown.

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 first day of January, 1901. 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.

Establishment of Commonwealth.

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.

Operation of the Constitution and laws.

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.

Definitions.

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:

Body of the Constitution.


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:
Part I - The President:
Part II - Executive Power:
Part III - Machinery of Government:
Part IV - The Constitutional Council:
Part V - Miscellaneous:
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:
Chapter IX - Transitional and Temporary Provisions:
The Schedule I:
Schedule II.

Table of Contents.


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 President, a Senate, and a House of Representatives, and which is herein-after called "The Parliament," or "The Parliament of the Commonwealth."

Legislative power

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 a 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 may act as President; 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 such time as he acts as President.

5. (1) The Governor-General Subject to this Constitution, the President in Council 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, convene joint sittings of the members of the Senate and of the House of Representatives, and may in like manner prorogue the Parliament, and may in like manner dissolve the House of Representatives.

But the President may, according to his discretion, from time to time, by Proclamation or otherwise, summon the Parliament, or convene a joint sitting of the members of the Senate and of the House of Representatives.

After any general election the President shall summon the Parliament shall be summoned to meet not later than thirty days after the day appointed for the return of the writs.

Sessions of Parliament.
Prorogation and dissolution.

(2) If there is no President or no person acting as President, or if the President refuses or otherwise fails to summon the Parliament when advised or required in accordance with this Constitution, the Parliament shall be deemed to have been summoned at noon one week from the date on which the President had been advised, or otherwise required, to summon the Parliament.

Summoning Parliament.

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 next session.

Yearly session of Parliament.


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 and according to the system of proportional representation by means of the single transferable vote.

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 ten senators, and that no new State shall have more senators than an Original State, and that the total number of senators for all the Territories of the Commonwealth shall not be more than the number of senators for an Original State. In the absence of such provision there shall be ten senators for each Original State.

The senators shall be chosen for a term of six years , and the names of the senators chosen for each State shall be certified by the Governor to the Governor-General.

The Senate.

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.

Qualification of electors.

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 throughout the Commonwealth. Subject to any such law, the Parliament of each State may make laws prescribing the method of choosing the senators for that State.

Method of election of senators.

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

Times and places.

10. Until the The Parliament otherwise provides, but subject to this Constitution, the laws in force in each State, for the time being, may make laws 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.

Laws relating to election of senators.

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

12. The Governor of any State President in consultation with Council 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.

Issue of writs.

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 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.

Rotation of senators.

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.

Further provision for rotation.

15. If the place of a senator becomes vacant before the expiration of his term of service, the President shall, as soon as is practicable, but after consulting with the Constitutional Council, choose a person to hold the place until the expiration of the term. 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 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, 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 particular political party is chosen or appointed to hold the place of a senator whose place has become vacant; and

    (b) 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 21 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 has 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, 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 a 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 come 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 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.

Casual vacancies.

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

Qualifications of senator.

17. 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 President of the Senate becomes vacant the Senate shall again choose a senator to be the President of the Senate. The President of the Senate shall preside over the Senate and, whenever there is a joint sitting of the members of the Senate and of the House of Representatives he shall preside over the joint sitting.

The President of the Senate 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 to the Governor-General President.

Election of President of the Senate.

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

Absence of President of the Senate.

19. A senator may, by writing addressed to the President of the Senate, or to the Governor-General President if there is no President of the Senate or if the President of the Senate is absent from the Commonwealth, resign his place, which thereupon shall become vacant.

Resignation of senator.

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.

Vacancy by absence.

21. Whenever a vacancy happens in the Senate, the President of the Senate, or if there is no President of the Senate or if the President of the Senate is absent from the Commonwealth the Governor-General person acting as President of the Senate shall notify the same to the Governor of the State in the representation of which the vacancy has happened President.

Vacancy to be notified.

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.

Quorum.

23. Questions arising in the Senate shall be determined by a majority of votes, and each senator shall have one vote. The President of the Senate shall in all cases be entitled to vote; and when the votes are equal the question shall pass in the negative.

Voting in the Senate.


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 number of their people, and shall, until the Parliament otherwise provides, be determined, wherever 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 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.

Composition of House of Representatives.

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 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.

26. Notwithstanding anything in section 24, 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:- nine;
    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 members of the House of Representatives.

Alteration of number of members.

28. 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 President in Council.

Duration of House of Representatives.

29. Until the Parliament of the Commonwealth otherwise provides, the Parliament of any State The Parliament of the Commonwealth may make laws for determining the divisions in each State throughout the Commonwealth 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 provisions, each State shall be one electorate, and all Territories of the Commonwealth shall together be one electorate, and members shall be elected according to the system of proportional representation by means of the single transferable vote

Electoral divisions.

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

Subject to this Constitution, the Parliament of the Commonwealth may make reasonable and just laws for determining the qualification of electors of members of the House of Representatives, but so that the qualification shall be uniform throughout the Commonwealth, and in the choosing of members each elector shall vote only once.

But in any case, a person must at least be a citizen of the Commonwealth who is of the full age of eighteen years in order to be qualified as an elector of members of the House of Representatives.

Qualification of electors.

31. Until theThe 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 may make laws providing for the method of election of members of the House of Representatives, but so that the method shall be uniform throughout the Commonwealth.

Method of election of members of the House of Representatives.

32. The Governor-General may President shall 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.

Writs for general election.

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 the Governor-General President shall in Council may issue the writ.

Writs for vacancies.

34. Until theThe Parliament of the Commonwealth may make laws for determining otherwise provides, the qualifications of a member of the House of Representatives.

But in any case, he must at least 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 qualified to become such elector, and must have been for three years at the least a resident within the limits of the Commonwealth as existing at the time when he is chosen:

(ii) He must be a subject of the Queen, either natural-born or for at least five years naturalised under a law of the United Kingdom, or of a Colony which has become or becomes a State, or of a Commonwealth.

Qualifications of members.

35. The House of Representatives shall, before proceeding to the dispatch 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 preside over the House of Representatives.

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 President.

Election of Speaker.

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

Absence of Speaker.

37. A member may by writing addressed to the Speaker, or to the Governor-General President if there is no Speaker or if the Speaker is absent from the Commonwealth, resign his place, which thereupon shall become vacant.

Resignation of member.

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.

Vacancy by absence.

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 its powers.

Quorum.

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.

Voting in the House of Representatives.


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 President or some person authorised by him, an oath or affirmation of allegiance in the form set forth in the schedule Schedule I to this Constitution.

Oath of affirmation or allegiance.

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

Member of one House ineligible for other.

44. Any person who -

    (i) Is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power: or

    (ii) Is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer: or

    (ii) 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 defence forces of the Commonwealth, or to the receipt of pay as an officer or member of the naval or military defence forces of the Commonwealth by any person whose services are not wholly employed by the Commonwealth.

Disqualification.

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.

Vacancy happening on disqualification.

46. Until Unless 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 two hundred dollars to any person who sues for it in any court of competent jurisdiction.

Penalty for sitting when disqualified.

47. Until the Parliament otherwise provides, any 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 High Court, or such other Court as the Parliament may otherwise provide, sitting as the Court of Disputed Returns.

Disputed elections.

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 such remuneration as the Parliament may fix.

Remuneration for members.

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.

Privileges, etc. of Houses

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.

Rules and orders.


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 exchange 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:

    (xxix) The influx of criminals:

    (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 or unless the Parliament otherwise provides:

    (xxxvii) Matters referred to the Parliament of the Commonwealth by the 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 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 any department or officer of the Commonwealth.

Legislative powers of the Parliament.

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 of the Commonwealth:

    (iii) Other matters declared by this Constitution to be within the exclusive power of the Parliament.

Exclusive powers of the Parliament.

52A. 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.

Prohibition to legislate in respect of religion.

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 provision for the imposition or appropriation of fines or other pecuniary penalties, or for the demand for 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.

Powers of the Houses in respect of legislation.

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

Appropriation Bills.

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.

Tax Bill.

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 President in Council to the House in which the proposal originated.

Recommendation of money votes.

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 President in consultation with Council 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 President in Council 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 President for the Queen's assent.

Disagreement between the Houses.

58. (1) Subject only to sub-section (2), when a proposed law passed by both Houses of the Parliament is presented to the Governor-General President 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 assent to it if so advised by the Federal Executive Council.

Assent to Bills.

(2)The Governor-General President in consultation with Council 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.

Recommendations by President.

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 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

Part I - The President

59. (1) There shall be a President, who shall be the Head of State of the Commonwealth and of all jurisdictions subject to this Constitution, and who shall exercise and perform his powers and functions in accordance with this Constitution.

The President.

(2) Within ninety days (but no later than thirty days) prior to the expiry of the term of office of an incumbent President, or within ten days following the death, resignation or removal of the President in accordance with this Constitution, or within ten days of the office of President becoming vacant in accordance with this Constitution, the President of the Senate shall declare his intention to convene the Constitutional Council for the purpose of choosing candidates for the office of President, and shall without delay inform by message each of the Houses of the Parliament of the same, and no less than five days from the time of such declaration, he shall convene and chair the Constitutional Council, and shall without delay inform by message each of the Houses of the Parliament of the same.

But if there is no President of the Senate or no person acting as President of the Senate, or if the President of the Senate unlawfully refuses to convene the Constitutional Council, the Constitutional Council shall be deemed to have been convened at noon on the tenth day following the death, resignation or removal of the President in accordance with this Constitution, or on the tenth day following the office of President becoming vacant in accordance with this Constitution.

Convening of Constitutional Council.

(3) The Constitutional Council shall choose and declare a candidate or candidates for the office of President.

If the Parliament has not provided in accordance with this section that the President be chosen by the Parliament, the number of candidates shall be no less than three and no more than five. But if the Parliament has provided that the President be chosen by the Parliament, such minimum number shall be no more than three and such maximum number no more than five as the Parliament may provide by law, but in the absence of such provision, the number shall be one.

In choosing the said candidates, if the Prime Minister and the Leader of the Opposition both vote in favour of a motion to declare a person to be a candidate, the motion shall not be passed except by a majority of all voting members of the Constitutional Council voting in the affirmative. But if either the Prime Minister or the Leader of the Opposition vote against any such motion, the motion shall not be passed except by a unanimous vote in the affirmative, and in such case the vote of the Prime Minister and the Leader of the Opposition shall not be counted.

But if within five days of the first such declaration of candidates by the Constitutional Council either House of the Parliament passes a resolution, with the concurrence of at least two-thirds of all members of that House, requesting that the Constitutional Council reconsider its declaration, the Constitutional Council shall do so, but following the second such declaration, any such resolution by either House shall be of no effect.

Declaration of Presidential candidates.

(4) If after sixty days prior to the expiry of the term of office of an incumbent President, or after fifteen days following the death, resignation or removal of the President in accordance with this Constitution, or after fifteen days following the office of President becoming vacant in accordance with this Constitution, the Constitutional Council has not declared such number of persons whom it intends to declare shall be candidates for the office of President, the Constitutional Council shall not be prorogued, nor shall it be adjourned for a period extending beyond five days, until such declaration has been made.

Constitutional Council not to be prorogued or adjourned .

(5) (a) Subject to this section, the President shall be chosen according to the following procedure:
    (i) Not less than five days, but no more than ten days after the declaration of candidates by the Constitutional Council, the President of the Senate shall issue his writ for the election of a new President. The writ shall be returned as soon as is practicable.

    (ii) The President shall be directly chosen by the people of the Commonwealth, voting as one electorate and according to the system of optional preferential voting.

    (iii) If at the time the writ has been returned the office of President is vacant, the person so elected shall take office as President immediately, but if the term of the incumbent President has not yet expired, the person so elected shall take office as President upon the expiry of the term of the incumbent President.

(b) If within five days of the declaration by the President of the Senate of his intention to convene the Constitutional Council either House of the Parliament passes a resolution, with the concurrence of at least two-thirds of all members of that House, to the effect that the will of that House is that the President be chosen by the Parliament, or if the Parliament has provided by law that the President be chosen by the Parliament, the President shall be chosen according to the following procedure -

    (i) Within ten days of the declaration of candidates by the Constitutional Council, the President shall convene a joint sitting of the members of the Senate and of the House of Representatives Parliament which shall meet to elect a new President.

    (ii) If within fifteen days of the declaration of candidates by the Constitutional Council the Parliament has not elected a President, the Parliament shall not be prorogued, nor shall either House be adjourned for a period extending beyond five days, until a President has been elected.

    (iii) In electing a new President, a joint sitting of the members of the Senate and of the House of Representatives shall vote together to elect as President one of the persons declared by the Constitutional Council to be a candidate. A vote by secret ballot shall be conducted for each such person, and the options shall be only to approve, to disapprove, or to abstain. If the person with the highest vote obtains the approval of at least two thirds of all the members of the Senate and of the House of Representatives, that person shall be elected President.

    But if the person with the highest vote has not obtained the approval of at least two thirds of all the members of the Senate and of the House of Representatives, the procedure to choose a new President shall be repeated in accordance with sub-section (2).

    If more than one person score equally the highest number of votes, a run-off vote shall be conducted by secret ballot, and the names of all persons having obtained the said highest number of votes shall be included on the ballot, and voting shall be conducted according to the system of optional preferential voting.

    (iv) If at the time the Parliament has voted to approve a new President the office of President is vacant, the person so elected shall take office as President immediately, but if the term of the incumbent President has not yet expired, the person so elected shall take office as President upon the expiry of the term of the incumbent President.

But if notwithstanding the procedure to choose a President having been duly and conscientiously followed no President is chosen, the procedure to choose a new President shall be repeated in accordance with sub-section (2).

Procedure for choosing the President.

(6) Subject to this Constitution, the Parliament may make laws with respect to the conduct of the election of the President, including the resolution of disputes in regard thereto. But any question respecting the qualification of the President, or respecting a vacancy in the office of President, and any question of a disputed election to the office of President, shall be determined by the High Court, sitting as the Court of Disputed Returns.

Laws relating to election of the President.

(7) The President shall before entering upon his office make and subscribe before a joint sitting of the members of the Senate and of the House of Representatives an oath or affirmation of allegiance in the form set forth in Schedule II to this Constitution, and such oath or affirmation shall be administered by the Chief Justice of the High Court.

Oath or affirmation of allegiance.

(8) The President shall hold office until the expiration of five years from the date on which he enters upon that office, unless before the expiration of that period he dies, resigns or is removed from office in accordance with this Constitution.

Duration of term of office of President.

(9) Unless a President is removed from office in accordance with this Constitution, notwithstanding the expiration of his term, the President shall continue to hold office until his successor enters upon the office, provided that such period shall not exceed ninety days after the expiry of his term.

Continuance in office of President.

(10) The qualifications of the President shall be the same as those of a member of the House of Representatives. A member of either House of the Parliament shall be incapable of being chosen or of holding office as President.

Qualifications of President.

(11) The President shall receive such remuneration as the Parliament may fix, but such remuneration shall not be diminished during his continuance in office. The President shall not be entitled to receive any remuneration from the Commonwealth in respect of any other office.

Remuneration of President.

(12) The Prime Minister and the Federal Executive Council shall keep the President fully informed concerning the general conduct of the government and shall furnish the President with such information as he may request.

President to be kept informed.

(13) The President shall at any time be entitled to encourage and to warn the Executive Goverment.

[Click here to see alternatives to s.59.]

President may encourage or warn.

59A. (1) The Parliament may provide that there shall be a Vice President.

The Vice President.

(2) The Parliament may provide that the Vice President shall be chosen according to one of the following methods -

    (i) The Vice President shall be that person who is a candidate for the office of President, and who has scored the next highest vote in the election for the office of President: or

    (ii) A Vice President shall be chosen in like manner as the President, and the election of a Vice President shall be conducted at the same time as the election of the President, and a separate ballot shall be used for the election of the Vice President.

But in the absence of such provision, the Vice President shall be chosen according to the former method.

The Vice President shall subscribe an oath or affirmation in like manner as the President. The qualifications of the Vice President shall be the same as those of the President.

Provisions relating to Vice President.

60. (1)(a) If the President is absent from the Commonwealth, or if no President has been chosen, or in the event of the death, physical or mental incapacity, resignation or removal of the President, a person on the following list, set out in order of precedence, shall be appointed to act as President, but an item in the said list shall be disregarded if there is no such person, or if such person is absent from the Commonwealth, or is unable to perform the functions of the office by reason of physical or mental incapacity, or in the event of the death of the person, or in the event of the resignation or removal of the person from the said office or from the office of President.

The list of persons is as follows -

    (i) The Vice President:

    (ii) Such person as the Constitutional Council may designate, if the Constitutional Council thinks fit to so designate:

    (iii) Such person as the President may designate, if the President thinks fit to so designate:

    (iv) Such officers as the Parliament may specify for the purpose:

    (v) The President of the Senate:

    (vi) The Speaker of the House of Representatives.

(b) A person may be appointed in accordance with sub-section (a) to act as President by the President in consultation with the Constitutional Council, but if the President is absent from the Commonwealth, or if no President has been chosen, or in the event of the death, physical or mental incapacity, resignation or removal of the President, a person may be appointed in accordance with sub-section (a) to act as President by the Constitutional Council which shall be convened by the President of the Senate; and the powers and functions of the President shall vest in any such person so appointed from time to time.

(c) A person so appointed shall cease to act as President upon the revocation of the appointment by the President, or when a successor to the President has entered upon the office, or when the incapacity or absence from the Commonwealth of the President has ceased, as the case may be, but no such person shall act as President for more than ninety days.

(d) A person so appointed shall not exercise a power or function of the President on any occasion unless he has on that occasion or has previously made and subscribed an oath or affirmation of allegiance as Acting President in the form set forth in Schedule II to this Constitution in the presence of the President, the Chief Justice or another Justice of the High Court or of the Supreme Court of a State or Territory of the Commonwealth.

Provisions relating to Acting President.

(2) The provisions of this Constitution relating to the Governor-General President extend and apply to the Governor-General President for the time being, or such person as the Queen may appoint to administer the Government of the Commonwealth may act as President; but no such person shall be entitled to receive any salary remuneration from the Commonwealth in respect of any other office during his administration of the Government of the Commonwealth such time as he acts as President.

Provisions to extend to Acting President.

(3) The President may resign his office by writing addressed to the President of the Senate.

But if the President of the Senate is absent from the Commonwealth, or if no person has been chosen as President of the Senate, the President may resign his office by writing addressed to the Speaker of the House of Representatives, or to such person as the Constitutional Council may designate, if the Constitutional Council thinks fit to so designate, or to such persons as the Parliament may specify for the purpose. Such resignation shall take effect at the time specified therein.

Resignation of President.

(4) The office of President shall become vacant if a resolution is passed in each House of Parliament in the same session with the concurrence of an absolute majority of the members thereof, to the effect that the President is unfit to hold office, or has brought the office into disrepute, or is unable to perform the functions of the office by reason of physical or mental incapacity.

Vacancy in office of President.


Part II - Executive Power

61. (1) The executive power of the Commonwealth is vested in the Queen President, and unless otherwise provided by this Constitution, is exercisable by the Governor-General as the Queen's representative President in accordance with the advice of the Federal Executive Council.

Executive power.

(2) The provisions of this Constitution referring to the President in Council shall be construed as referring to the President acting in accordance with the advice of the Federal Executive Council.

Provisions referring to President in Council.

(3) The provisions of this Constitution referring to the President in consultation with Council shall be construed as referring to the President acting according to his discretion (whilst having due regard to established conventions), but shall require that the President consult with, and solicit the advice of, the Federal Executive Council prior to the exercise of any power or function.

Provisions referring to President in consultation with Council.

(4) Subject to this Constitution, including those provisions requiring the President to exercise a particular power or function, the provisions of this Constitution referring to the President shall be construed as allowing the President to act according to his discretion (whilst having due regard to established conventions) without, or contrary to, the advice of the Federal Executive Council, or of the Prime Minister, or of any other Minister of State, or of any person acting with the authority of one of those officers.

When, in accordance with this Constitution, the President exercises any power or function according to his discretion, the exercise thereof shall not be justiciable. But in all other cases, the exercise of any power or function shall be justiciable.

Provisions referring to President acting according to his discretion.

(5) Nothing in this section shall prevent the Parliament from conferring by law powers or functions not inconsistent with this Constitution on persons or authorities other than the President.

Executive powers conferred on other persons.

(6) The Queen President may with the advice of the Prime Minister 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 his pleasure of the Governor-General such powers and functions of the Governor-General President 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 President himself of any power or function.

Power of the President to appoint deputies.

(7) A person who is appointed deputy of the President shall not exercise a power or function of the President assigned to him on any occasion -

    (i) Except in accordance with the instrument of appointment:

    (ii) Except at the request of the President in Council that he exercise that power or function on that occasion:

    (iii) Unless he has on that occasion or has previously made and subscribed an oath or affirmation of allegiance in the form set forth in Schedule I to this Constitution in the presence of the President, the Chief Justice or another Justice of the High Court or of the Supreme Court of a State or Territory of the Commonwealth.

Limitations imposed on deputies.


Part III - Machinery of Government

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.

(1) The President shall appoint a Prime Minister to be the Head of the Executive Government of the Commonwealth. He shall be one of the Ministers of State for the Commonwealth.

The Prime Minister.

(2) Following a general election, the President shall appoint as Prime Minister that person whom he believes would be most likely to command the confidence of the House of Representatives.

Prime Minister to command confidence of House of Representatives.

(3) The Prime Minister shall hold office, subject to this Constitution, until he dies, resigns, or is removed from office by the President.

Continuance in office of Prime Minister.

(4) Upon the death of the Prime Minister, the President shall appoint the Deputy Prime Minister to be the Prime Minister, or of there is no Deputy Prime Minister, he shall appoint the Minister of State who is most senior in rank to be Prime Minister.

The Deputy Prime Minister.

(5) The President shall appoint as Leader of the Opposition the person who leads the party or coalition of parties which, apart from the party or coalition of parties supporting the Prime Minister, occupies the greatest number of seats in the House of Representatives.

The Leader of the Opposition.

62A. (1) The President shall appoint and remove from office Ministers of State in accordance with the advice of the Prime Minister, and shall designate the rank of such Ministers of State in accordance with the advice of the Prime Minister.

Ministers of State.

(2) The Ministers of State shall hold such offices as the Parliament prescribes, or, in the absence of provision, as the President in Council directs.

Offices of Ministers of State.

(3) No Minister of State shall hold office for a longer period than ninety days unless he is or becomes a senator or a member of the House of Representatives.

Ministers of State to sit in Parliament.

(4) The number of Ministers of State shall not exceed the number prescribed by the Parliament.

Number of Ministers of State.

62B. (1) The President may remove from office a Prime Minister who has lost the confidence of the House of Representatives and has failed to resign, unless the Federal Executive Council has advised and secured a dissolution of the House of Representatives.

Dismissal of Prime Minister.

(2) The President may refuse to dissolve the House of Representatives on the advice of the Federal Executive Council when a Prime Minister has lost the confidence of the House of Representatives or has not yet obtained it.

Refusal to dissolve House of Representatives.

(3) If the President believes that the Executive Government of the Commonwealth is breaching this Constitution or is not complying with an order of a court or is persisting in other unlawful behaviour, the President may, according to his discretion, dissolve the House of Representatives or dissolve the House of Representatives and dismiss the Prime Minister. In the event of the Prime Minister being so dismissed, he may, according to his discretion, appoint as Prime Minister such other person who the President believes will take all reasonable steps to end the contravention and who will maintain the administration of the Commonwealth pending the outcome of the general election following such dissolution.

Executive Government behaving unlawfully.

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.

(1) There shall be a Federal Executive Council to advise the President in the government of the Commonwealth. The councillors shall be the Ministers of State for the time being, who shall each make the oath or affirmation prescribed by the Parliament.

Federal Executive Council.

(2) The President shall, in accordance with the advice of the Prime Minister, from time to time convene meetings of the Federal Executive Council.

But the President may, according to his discretion, from time to time convene a meeting of the Federal Executive Council.

President to convene Federal Executive Council.

64. The Governor-General President, in accordance with the advice of the Prime Minister, may appoint officers any Minister or Ministers of State to administer such departments of State of the Commonwealth as the Governor-General President in Council may establish.

Such officers shall hold office during the pleasure of the Governor-General. They shall be members of the Federal Executive Council, and shall be the Queen's Ministers of State for the Commonwealth.

After the first general election no Minister of State shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives.

Ministers to administer departments.

65. 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.

66. There shall be payable to the Queen, out of the Consolidated Revenue Fund of the Commonwealth, for the salaries remuneration of the Prime Minister and of the Ministers of State, an such annual sum as is fixed by the Parliament. which, until the Parliament otherwise provides, shall not exceed twelve thousand pounds a year.

Remuneration of Ministers.

67. Until Unless 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 President in Council, unless the appointment is delegated by the Governor-General President in Council or by a law of the Commonwealth to some other authority.

Appointment of public servants.


Part IV - The Constitutional Council

67A. (1) There shall be a Constitutional Council, 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 which vest functions and powers in the Constitutional Council, and of all laws made under those provisions.

The Constitutional Council.

(2) The members of the Constitutional Council shall be -

    (i) Ex officio voting members, comprising the President, the Vice-President, the immediate past President and the immediate past Vice-President (but not including any past President or Vice President who has resigned or who has been removed from office), the President of the Senate, the Speaker of the House of Representatives, the Prime Minister and the Leader of the Opposition:

    (ii) Ex officio non-voting members, comprising the leaders of parties or coalitions of parties as the case may be other than those of the Prime Minister and the Leader of the Opposition which have five or more members in the Parliament:

    (iii) Ten associate members, who shall have a vote.

Composition of Constitutional Council.

(3) Subject to this Constitution, the President shall chair and convene the Constitutional Council.

President to chair Constitutional Council.

(4) Subject to this Constitution, the presence of at least one-third of the whole number of voting members shall be necessary to constitute a meeting of the Constitutional Council for the exercise of its powers.

Quorum.

(5) Subject to this Constitution, questions arising in the Constitutional Council shall be determined by a majority of votes, and each voting member (including the President) shall have one vote; and when the votes are equal the question shall pass in the negative.

Voting in Constitutional Council.

(6) The qualifications of an associate member of the Constitutional Council shall be the same as those of a member of the House of Representatives. A member of either House of the Parliament shall be incapable of being chosen or of holding office as an associate member.

A person should be chosen as an associate member on the basis of significant achievement and merit in service to Australia or to humanity at large.

Qualifications of associate members.

(7) The associate members of the Constitutional Council -

    (i) Shall be elected by the Senate. In electing associate members, a vote by secret ballot shall be conducted to fill all offices of associate members, and the method of voting shall be proportional representation by means of the single transferable vote:

    (ii) Shall hold office for three years, but may be removed within that time by the President in consultation with Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground that the member is unfit to hold office, or has brought the office into disrepute, or is unable to perform this function by reason of physical or mental incapacity:

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

Associate members' appointment, tenure and remuneration.


Part V - Miscellaneous

68. The Commander in Chief command in chief of the naval and military defence forces of the Commonwealth is vested in the Governor-General as the Queen's representative shall be the President, but any power or function vested in the President as Commander in Chief shall be exercised or performed only by the President in Council.

Command of military forces.

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.

69. The President in Council shall, subject to such regulations as the Parliament prescribes, have power to -

    (i) Declare war on foreign powers:

    (ii) Appoint ambassadors, consuls and other diplomatic representatives:

    (iii) Grant reprieves and pardons:

    (iv) Confer honours and non-hereditary titles.

Certain powers of the President in Council.

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 six, as the Parliament prescribes.

Judicial power and Courts.

72. The Justices of the High Court and of the other courts created by the Parliament -
    (i) Shall be appointed by the Governor-General President in Council:

    [An alternative to paragraph (i): Shall be appointed by the Governor-General President in accordance with the advice of the Constitutional Council:]

    (ii) Shall not be removed except by the Governor-General President 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:

    [An alternative to paragraph (ii): Shall not be removed except by the Governor-General President in accordance with the advice of the Constitutional 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 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 President.

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.

Judges' appointment, tenure and remuneration.

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 any 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.

Appellate jurisdiction of 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 of 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, the Constitution shall not impair any right which the Queen may be pleased to exercise by virtue of Her Royal prerogative to grant special leave of appeal from the High Court to Her Majesty in Council. The Parliament may make laws limiting the matters in which such leave may be asked, but proposed laws containing any such limitation shall be reserved by the Governor-General for Her Majesty's pleasure.

75. In all matters-
    (i) Arising under any treaty:

    (ii) Affecting ambassadors, 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.

Original jurisdiction of High Court.

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 Parliament:

    (iii) Of Admiralty and maritime jurisdiction:

    (iv) Relating to the same subject-matter claimed under the laws of difference States.

Additional original jurisdiction.

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.

Power to define 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.

Proceedings against Commonwealth or State.

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

Number of judges.

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.

Trial by jury.


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.

Consolidated Revenue Fund.

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.

Expenditure charged thereon.

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.

Money to be appropriated by law.

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.

Transfer of officers.

85. When any department of the public service of a State is transferred to the Commonwealth-
    (i) 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:

    (ii) 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 that time:

    (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.

Transfer of property of State.

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 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.

88. Uniform d Duties of customs shall be uniform throughout the Commonwealth. imposed within two years after the establishment of the Commonwealth.

Uniform duties of customs.

89. Until the imposition of uniform duties of customs-
    (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 tThe 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 be 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.

Exclusive power over customs, excise, and bounties.

91. 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.

Exceptions as to bounties.

92. On the imposition of uniform duties of customs, tTrade, 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.

Trade within the Commonwealth to be free.

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 sub-section, 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, tThe 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.

Distribution of surplus.

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, 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 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 yeas after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, tThe Parliament may grant financial assistance to any State on such terms and conditions as the Parliament thinks fit.

Financial assistance to the States.

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 revenue 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 of 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 in respect to trade and commerce extends to navigation and shipping, and to railways the property of any State.

Trade and commerce includes navigation and State railways.

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.

Commonwealth not to give preference.

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.

Nor abridge right to use water.

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.

Inter-State Commission.

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, of 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.

Parliament may forbid preferences by State.

103. The members of the Inter-State Commission-
    (i) Shall be appointed by the Governor-General President in Council:

    (ii) Shall hold office for seven years, but may be removed within that time by the Governor-General President 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.

Commissioners' appointment, tenure and remuneration.

104. Nothing in this Constitution shall render unlawful any rate of 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 form other States.

Saving of certain rates.

105. The Parliament may take over from the State 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.

Taking over public debts of 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 payment 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 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 provision of section 105 of this Constitution.

Agreements with respect to State debts.


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 or establishment of the State, as the case may be, until altered in accordance with the Constitution of the State.

Saving of Constitutions.

107. Every power of the Parliament of a Colony a territory 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.

Saving of power of State Parliaments.

108. Every law in force in a Colony a territory 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 territory had until the Colony territory became a State.

Saving of State laws.

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.

Inconsistency of laws.

110. (1) A Governor appointed by the President acting in accordance with the advice of the Executive Council of the State shall be the President's representative in the State.

(2) All powers of the President in respect of a State are exercisable by the Governor of the State, unless explicitly vested by this Constitution in the President. In exercising a power vested in the President, a Governor shall act on such advice as would apply if the President exercised the power. However, the President is not precluded from exercising any of his powers and functions in respect of the State.

Subject to this Constitution, the Governor of a State shall exercise and perform his powers and functions in accordance with the Constitution of the State.

(3) Sub-section (2) does not apply in relation to the power to appoint, and to the power to terminate the appointment of, the Governor.

(4) Subject to this Constitution, the Parliament of the Commonwealth may make laws to give effect to the provisions of sub-sections (1), (2) and (3) of this section.

(5) Subject to this Constitution, including this section, the manner in which the Governor of a State is appointed and removed, and the tenure, powers, functions and all other matters relating to the office of Governor may be prescribed by the law of the State.

(6) 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.

(7) The provisions of this Constitution relating to the Parliament of a State extend and apply to the Parliament for the time being of the State, or other such elected authority in which is vested the legislative power of the State, and which is constituted to include the President or the Governor of the State.

(8) The provisions of this Constitution relating to the Executive Council of a State extend and apply to the Executive Council for the time being of the State, or other such executive authority advising the Governor of the State in the government of the State.

Provisions referring to Governor.

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.

States may surrender territory.

112. After uniform duties of customs have been imposed, a 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.

States may levy charges for inspection laws.

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.

Intoxicating liquids.

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, nor shall the Commonwealth impose any tax on property of any kind belonging to a State.

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

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

States not to coin money.

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 citizen of the Queen Commonwealth, 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.

Rights of residents in States.

118. 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.

Recognition of laws, etc. of States.

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

Protection of States from invasion and violence.

120. 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.

Custody of offenders against the laws of the Commonwealth.


Chapter VI - New States

121. The Parliament may admit to the Commonwealth or establish new States, and may upon such admission or establishment, subject to this Constitution, make or impose such terms and conditions, including the extent of representation in either House of the Parliament, as it thinks fit.

New States may be admitted or established.

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 and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may, subject to this Constitution, allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit, and such territory shall be called "a Territory of the Commonwealth".

Government of territories.

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.

Alterations of limits of States.

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.

Formation of new States.


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.

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 of the Commonwealth 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 President in Council 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 of the Commonwealth 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. President who shall assent to it.

No alternation 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 of the Commonwealth" means any territory referred to in section 122 of this Constitution in respect of which there is in force a law allowing its representation in the House of Representatives.

Mode of altering Constitution.


Chapter IX - Transitional and Temporary Provisions

129. Until the powers, privileges, and immunities of the Senate and of the House of Representatives, and of the members and the committees of each House, are declared by the Parliament, they 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.

Powers, privileges and immunities of Parliament.

130. The Queen shall cease to be Head of State of the Commonwealth or any part thereof, and shall have no powers or functions with respect to the Commonwealth, a State or Territory, or part thereof. No State Governor shall represent or be appointed by the Queen or by any person who is the Head of State of another country or is an officer in the government of another country.

Queen not to be Head of State.

131. Notwithstanding anything in this Constitution, the first President of the Commonwealth shall be the person occupying the position of Governor General at the date of the enactment of the Constitution Alteration (Republic) 1999. As soon as practicable thereafter, and in any event not later than ninety days, a person shall be proposed as President in accordance with section 59.

Last Governor to be first President.

132. Subject to this Constitution, abolition of the monarchy in itself shall not affect any power, function, right, privilege, immunity, or prerogative derived from the royal prerogative and exercisable by the Crown.

Royal prerogative of Crown unaffected.

133. With the exception of the Queen and the Governor-General, the Constitution Alteration (Republic) 1999 shall not affect the holding of any office established by or referred to in the Constitution, and a person holding the office immediately before the Constitution Alteration (Republic) 1999 takes effect shall continue to hold the office as if the Constitution Alteration (Republic) 1999 has not been made.

Continuation of holding of offices.

134. The Constitution Alteration (Republic) 1999 shall take effect twelve months from the date of its enactment, but the Parliaments of the Commonwealth and the States and the legislatures of the Territories of the Commonwealth may at any time after the enactment thereof make any such laws, to come into operation on the day when the Constitution Alteration (Republic) 1999 takes effect, as they could have made if the Constitution Alteration (Republic) 1999 had taken effect on its enactment.

Provisions referring to amendment to establish republic.

135. 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.

Certain powers of Governors to vest in President. Refers to former Colonies.

136. Nothing in the provisions added to section 72 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.

Continuance in office of Judges.

137. The Parliament may make laws for validating any agreement such as that described in section 105A made before the commencement of that section.

Saving of agreements with respect to State debts.

138. A reference to a territory in the context of Covering Clause 6 and sections 107 and 108 shall be taken to be a reference to a Colony or to a territory (whether or not a Territory of the Commonwealth) which becomes a new State.

Interpretation of "territory".

139. 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.

Repeal of Federal Council Act.

140. 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.

Application of Colonial Boundaries Act.

141. 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.

Right of electors of States.

142. Until the Parliament otherwise provides, any person of the full age of eighteen years who is not a citizen of the Commonwealth, but who was qualified as an elector for the House of Representatives immediately before the Constitution Alteration (Republic) 1999 takes effect shall remain so qualified, notwithstanding the provisions of section 30.

Saving of qualifications of electors.


Schedule I

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 uphold the Constitution and the laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, that I will bear true allegiance to the People of Australia, and that I will dedicate my abilities to their service and welfare. 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 uphold the Constitution and the laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, that I will bear true allegiance to the People of Australia, and that I will dedicate my abilities to their service and welfare.

(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.)


Schedule II

OATH

I, A.B., do swear, that as President of the Commonwealth of Australia, that I will maintain the Constitution and uphold the laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, that I will bear true allegiance to the People of Australia, and that I will dedicate my abilities to their service and welfare. SO HELP ME GOD!

[An alternative: I, A.B., do swear that I will well and truly serve the People of Australia as President of the Commonwealth of Australia, that I will maintain the Constitution and uphold the laws, that I will fulfil my duties faithfully and conscientiously, and that I will do right to all manner of people after the laws and usages of the Commonwealth of Australia, without fear or favour, affection or illwill. SO HELP ME GOD!]

AFFIRMATION

I, A.B., do solemnly and sincerely affirm and declare, as President of the Commonwealth of Australia, that I will maintain the Constitution and uphold the laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, that I will bear true allegiance to the People of Australia, and that I will dedicate my abilities to their service and welfare.

[An alternative: I, A.B., do solemnly and sincerely affirm and declare that I will well and truly serve the People of Australia as President of the Commonwealth of Australia, that I will maintain the Constitution and uphold the laws, that I will fulfil my duties faithfully and conscientiously, and that I will do right to all manner of people after the laws and usages of the Commonwealth of Australia, without fear or favour, affection or illwill.]

(NOTE - The title of the office of President is to be substituted with the title of the relevant office as the case may be.)


Last updated 20 January 1998.


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