Peter's Site - Draft Constitution for the Australian Republic

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A Constitution for an Australian Republic

Draft by Peter Crayson

The "Referendum" Model

A republican Constitution based only on the Government's Referendum Taskforce's Exposure Draft of the Constitution Alteration (Establishment of Republic) 1999 Bill and then further amended in accordance with the recommendations of my formal response to the Exposure Draft. It is consistent with the communiqué issued by the 1998 Constitutional Convention, providing for the choosing of candidates for the office of President by a special committee, joint nomination by the Prime Minister and the Leader of the Opposition, and election by a super-majority of a joint sitting of Parliament.


COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT

THE CONSTITUTION

(63 & 64 VICTORIA, CHAPTER 12)

An Act to constitute the Commonwealth of Australia

[9th July 1900]
 

Whereas the people of New South Wales, Victoria, South Australia, Queensland and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established:

And whereas it is expedient to provide for the admission into the Commonwealth of other Australasian Colonies and possessions of the Queen:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

 
1. This Act may be cited as the Commonwealth of Australia Constitution Act.
 
Short title
 
9. The Constitution of the Commonwealth shall be as follows:
 
Constitution


THE CONSTITUTION OF THE
COMMONWEALTH OF AUSTRALIA

 
(NOTE: If there is to be a Preamble, it will be inserted here. My proposed Preamble is included here as an example.)

Whereas sovereignty ultimately resides in the People, from whom the legal and moral authority of this Constitution is drawn:
We the People of the Commonwealth of Australia,
Having come together in 1901 as a Federation under the Crown, relying on the blessing of Almighty God,
Recognising indigenous Australians as the original occupants and custodians of our land,
Finding unity in diversity, our united people drawn from nations across the globe,
Respecting our unique and ancient land, and the environment which we share,
Acknowledging the equality of all before the law,
Believing in liberty, equity and fairness,
Embracing the principles of responsible and accountable government, the rule of law and the separation of powers,
And declaring ourselves to be a sovereign, independent and representative democracy,
Hereby commit ourselves to this Constitution.

 
Preamble
 

This Constitution is divided as follows:-

 Chapter I - The Parliament

 Part I - General
Part II - The Senate
Part III - The House of Representatives
Part IV - Both Houses of the Parliament
Part V - Powers of the Government

Chapter II - The Executive Government
Chapter III - The Judicature
Chapter IV - Finance and Trade
Chapter V - The States
Chapter VI - New States
Chapter VII - Miscellaneous
Chapter VIII - Alteration of the Constitution
Schedule I - Oaths and Affirmations
Schedule II - Transitional and Temporary Provisions
 
Constitution


 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 President, a Senate, and a House of Representatives, and which is herein-after called "The Parliament," or "The Parliament of the Commonwealth."
 
Legislative power
 
5. 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, summon the Parliament, or convene a joint sitting of the members of the Senate and of the House of Representatives, or prorogue the Parliament, or 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.

 
Sessions of Parliament, prorogation and dissolution
 
After any general election the President shall summon the Parliament to meet not later than thirty days after the day appointed for the return of the writs.
 
Summoning Parliament
 
If there is no President or no person acting as President, or if the President refuses or otherwise fails to summon the Parliament when so advised by the Federal Executive Council, or when otherwise required by 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 by the Federal Executive Council to summon the Parliament, or from the date on which he had otherwise been required to summon the Parliament.
 
Parliament summoned automatically
 
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.

Unless the Parliament otherwise provides there shall be six senators for each Original State. The Parliament may make laws increasing or diminishing the number of senators for each State, but so that equal representation of the several Original States shall be maintained and that no Original State shall have less than six senators.

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

 
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. 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. The Parliament may make laws relating to elections of senators.
 
Application of State laws
 
11. The Senate may proceed to the despatch of business, notwithstanding the failure of any State to provide for its representation in the Senate.
 
Failure to choose senators
 
12. The Governor of any State may cause writs to be issued for elections of senators for the State. In case of the dissolution of the Senate the writs shall be issued within ten days from the proclamation of such dissolution.
 
Issue of writs
 
13. As soon as may be 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 case 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 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 President.

 
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 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 President of the Commonwealth.

 
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 President of the Commonwealth 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 President of the Commonwealth shall notify the same to the Governor of the State in the representation of which the vacancy has happened.
 
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
 
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, unless sooner dissolved by the President in accordance with this Constitution.
 
Duration of House of Representatives
 
29. The Parliament of the Commonwealth may make laws for determining the divisions in each State for which members of the House of Representatives may be chosen, and the number of members to be chosen for each division. A division shall not be formed out of parts of different States.

In the absence of other provisions, each State shall be one electorate.

 
Electoral divisions
 
30. The Parliament may make laws relating to the qualification of electors of members of the House of Representatives, but in the absence of such provision, 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.

In the choosing of members of the House of Representatives each elector shall vote only once.

 
Qualification of electors
 
31. The Parliament may make laws relating to elections of members of the House of Representatives.
 
Method of election of members
 
32.The President shall cause writs to be issued for general elections of members of the House of Representatives 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 President in Council may issue the writ.
 
Writs for vacancies
 
34. The qualifications of a member of the House of Representatives shall be as follows:-
    (i) He must be of the full age of eighteen 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;

    (ii) He must be an Australian citizen;

    (iii) Such other qualifications as the Parliament may prescribe.

 
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 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 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 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 person of the full age of eighteen years 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
 
42. Every senator and every member of the House of Representatives shall before taking his seat make and subscribe before the President or some person authorised by him, an oath or affirmation of allegiance in the form set forth in Schedule I to this Constitution.
 
Oath or affirmation of 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

    (iii) Is an undischarged bankrupt or insolvent: or

    (iv) Holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth: or

    (v) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons:

shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.

But sub-section (iv) does not apply to the office of any of the Ministers of State for the Commonwealth, or of any of the Ministers for a State, or to the receipt of pay as an officer or member of the military 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 on happening of disqualification
 
46. 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 two hundred dollars to any person who sues for it in any court of competent jurisdiction.
 
Penalty for sitting when disqualified
 
47. Unless the Parliament otherwise provides, any question respecting the qualification of a senator or of a member of the House of Representatives, or respecting a vacancy in either House of the Parliament, and any question of a disputed election to either House, shall be determined by the House in which the question arises.
 
Disputed elections
 
48. Unless the Parliament otherwise provides, each senator and each member of the House of Representatives shall receive an allowance of eight hundred dollars a year, to be reckoned from the day on which he takes his seat.
 
Allowance to 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.
 
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 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 not otherwise be exercised by the Commonwealth, except such powers the exercise of which is inconsistent with or expressly prohibited by this Constitution:

    (xxxix) Matters incidental to the execution of any power vested by this Constitution in the Parliament or in either House thereof, or in the Government of the Commonwealth, or in the Federal Judicature, or in any department or officer of the Commonwealth.

 
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:

    (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 President 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 President 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 President 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 President for assent.

 
Disagreement between the Houses
 
58. When a proposed law passed by both Houses of the Parliament is presented to the President for assent, the President shall, according to the President's discretion but subject to this Constitution, assent to the law or withhold assent.
 
Assent to Bills
 
The President may return to the House in which it originated any proposed law so presented, and may transmit therewith any amendments which the President may recommend, and the Houses may deal with the recommendation.
 
Recommendations by President


Chapter II - The Executive Government

 
 
59. The executive power of the Commonwealth is vested in the President, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth. The President shall be the head of state of the Commonwealth.

The powers, functions, rights, privileges, immunities and prerogatives of the Crown in right of the Commonwealth shall be enjoyed by the President, or by the Commonwealth, as the case may be, subject to this Constitution and to such regulations as the Parliament prescribes.

 
Executive Power
 
There shall be a Federal Executive Council to advise the President in the government of the Commonwealth, and the members of the Council shall be the Ministers of State for the time being, who shall each make the oath or affirmation prescribed by the Parliament.

The President shall, in accordance with the advice of the Prime Minister, from time to time, by Proclamation or otherwise, convene meetings of the Federal Executive Council. But the President may, according to his discretion, from time to time, by Proclamation or otherwise, convene meetings of the Federal Executive Council.

 
Federal Executive Council
 
Nothing in this section shall prevent the conferring of powers or functions not inconsistent with this Constitution on the President; but in such cases, the President shall act on the advice of the Federal Executive Council, the Prime Minister or another Minister of State as the case may require, except that where no express provision is made, the President shall act only on the advice of the Federal Executive Council; and in so acting, the President shall have due regard to established conventions.
 
Powers conferred on President
 
60. The President shall be nominated according to the following procedure:
    (i) Not later than sixty days prior to the expiry of the term an outgoing President, or within ten days following the death, resignation or vote to ratify the removal from office of the President in accordance with this Constitution, the Convenor of the Constitutional Council shall convene the Constitutional Council.

    But if there is no Convenor of the Constitutional Council or no person acting as Convenor of the Constitutional Council, or if the Convenor of the Constitutional Council refuses or otherwise fails to convene the Constitutional Council when required by this Constitution, the Constitutional Council shall be deemed to have been convened eleven days from the date on which the Constitutional Council was required to have been convened.

    (ii) The Constitutional Council shall invite and receive nominations for the office of President from the People, and from such institutions as Parliament may require; and from those persons so nominated, shall choose a number of persons to be entered onto a short-list of names, and unless the Parliament otherwise provides the number thereof shall be three.

    The Parliament may make laws increasing or diminishing the number of persons to be entered onto the short-list, but the number thereof shall be no less than three. The name of any person so nominated shall not be disclosed without the consent of that person.

    (iii) Any member of the Constitutional Council may move that the name of any person so nominated be entered onto the short-list of names, or that a name already on the short-list remain thereon, and in so doing, the Constitutional Council shall be mindful of community diversity.

    If the Prime Minister (or his designated substitute) and the Leader of the Opposition (or his designated substitute) vote to affirm such motion, the question shall be determined by a majority of votes. But if either the Prime Minister (or his designated substitute) or the Leader of the Opposition (or his designated substitute) do not vote to affirm such motion, the question shall be determined only by the vote of at least three-quarters of the whole number of the members of the Constitutional Council. In this paragraph, a "designated substitute" is the same as that referred to in section 67A.

    (iv) When the Constitutional Council has completed the preparation of a short-list of names, the Constitutional Council shall deliver a report (which shall incorporate the short-list) to the Prime Minister, and a copy thereof shall be delivered to President and to the Leader of the Opposition.

    But if after forty days prior to the expiry of the term of office of an incumbent President, or after twenty days following the death, resignation or vote to ratify the removal from office of the President in accordance with this Constitution, the Constitutional Council has not delivered its report to the Prime Minister, the Constitutional Council shall not be prorogued, nor shall it be adjourned for a period extending beyond one day, until it has delivered its report to the Prime Minister.

 
Procedure for nominating the President
 
The President shall be chosen according to the following procedure:

    (i) At least five days, but not later than ten days, after the delivery by the Constitutional Council of its report to the Prime Minister, the President shall convene a joint sitting of the members of the Senate and of the House of Representatives which shall meet to choose a new President.

    (ii) The Prime Minister shall choose one name from the short-list and shall move before the joint sitting that the person so named be elected President, provided that, if there is a Leader of the Opposition, such motion shall be in order only if seconded by the Leader of the Opposition.

    (iii) In choosing a new President, the members present at the joint sitting shall vote together upon the motion of the Prime Minister. If the motion is affirmed by at least two-thirds of the total number of the members of the Senate and of the House of Representatives, the person so named shall be taken to have been duly chosen as President.

    But if the motion is not thus affirmed, the Prime Minister may -

      (a) Choose another name from the short-list, and the procedure shall in all other respects be repeated beginning with paragraph (ii) of the procedure for choosing the President as set forth above; or

      (b) Declare that he cannot, or will not, choose any other candidates, as the case may be, from the short-list, and the procedure shall in all other respects be repeated beginning with paragraph (i) of the procedure for nominating the President as set forth above.

    (iv) If after fifteen days following the delivery by the Constitutional Council of the report to the Prime Minister the Parliament has not chosen a President, the Parliament shall not be prorogued, nor shall either House be adjourned for a period extending beyond one day, until a President has been chosen.

 
Procedure for choosing the President
 
Subject to this Constitution, the Parliament may make laws with respect to the conduct of the nomination and of the choosing 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 dispute in regard to the choosing of a President, shall be determined by the High Court, sitting as the Court of Disputed Returns.
 
Laws relating to choosing of President
 
The qualifications of the President shall be the same as those of a member of the House of Representatives from time to time, except that a person who is a member of Commonwealth Parliament, or a State Parliament, or a Territory legislature, or who is a member of a political party, shall be incapable of being chosen as President.
 
Qualifications of President
 
The actions of a person otherwise duly chosen as President under this section are not invalidated only because the person was not qualified to be chosen as President.
 
Actions of President not invalidated
 
A person chosen as President shall not enter upon the office of President unless he has made and subscribed an oath or affirmation of allegiance and an oath or affirmation for the office of President in the form set forth in Schedule 1 to this Constitution, and such oaths or affirmations shall be administered by the Chief Justice of the High Court, or by another Justice of the High Court, or if there is no Justice of the High Court or if all Justices of the High Court are absent from the Commonwealth by such officers as the Parliament may prescribe for the purpose, or in the absence of such provision, by such officer as the incumbent President shall, by Proclamation or otherwise, appoint.
 
President to make oath or affirmation of allegiance and oath or affirmation of office
 
61. A person chosen as President shall enter upon the office of President upon the expiry of the term of the incumbent President. But if, when a person is chosen as President, the office of President is vacant or the term of the outgoing President has expired, the person chosen as President shall enter upon the office of President on the day after making and subscribing the oath or affirmation of allegiance and the oath or affirmation for the office of President.

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.

But unless a President dies, resigns or is removed from office in accordance with this Constitution, notwithstanding the expiration of his term, the President shall continue to hold office as President until his successor enters upon the office.

A person may serve more than one term as President.

 
Term of office of President
 
The President shall receive such remuneration, payable out of the Consolidated Revenue Fund, as the Parliament fixes. The remuneration of a President payable during a term of office shall not be altered during that term of office.
 
Remuneration of President
 
62. The President shall be immediately removed from office if the Prime Minister signs a notice to that effect.

Not later than thirty days after signing the notice, the Prime Minister shall move before the House of Representatives that his signed notice removing the President from office be approved, and the House of Representatives shall vote upon the motion of the Prime Minister. If the motion is affirmed by an absolute majority of the total number of the members of the House of Representatives, the removal of the President from office shall be taken to have been approved.

If the vote upon the motion is not thus affirmed, the person having just been removed from the office of President shall not thereby be restored to the office of President, but the Prime Minister shall thereby be deemed to have lost the confidence of the House of Representatives, and the person having just been removed from the office of President shall not be ineligible to be chosen as President or to assume office as Acting President.

 
Removal of President
 
The President may resign his office by writing addressed to 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 to the Speaker, or if there is no Speaker or if the Speaker is absent from the Commonwealth to such officers as the Parliament may prescribe for the purpose, or in the absence of such provision, to such officer as the President shall, by Proclamation or otherwise, appoint. Such resignation shall take effect at the time specified therein.
 
Resignation of President
 
63. If the office of President falls vacant, or if no President has been chosen, or if the President is incapacitated, an officer appearing on or referred to in the following list, set forth in order of precedence, shall thereupon act as President:
    (i) The Vice President.

    (ii) Such officers in such order of precedence as the Parliament may prescribe for the purpose.

    (iii) The President of the Senate.

    (iv) The Speaker of the House of Representatives.

    (v) Such such officers in such order of precedence as the President may, by Proclamation or otherwise, appoint for the purpose.

But an officer appearing on or referred to in the said list shall be regarded as unavailable if there is no such officer, or if such officer is absent from the Commonwealth, or is incapacitated, or resigns or is or has been removed from the office of Acting President.

The President shall be deemed to be incapacitated upon declaration to that effect by the President, or by the Prime Minister, or by the President of the Senate, or by the Speaker, or by such officers as the Parliament may prescribe for the purpose, or by such officers as the President shall, by Proclamation or otherwise, appoint; but the President may, according to his discretion, declare that he is not, or has ceased to be, incapacitated, and any question of a dispute in regard to the incapacity of the President shall be determined by the High Court.

 
Acting President
 
A person acting as President shall cease to act as President upon declaration of the same by the President, or when a successor to the President has entered upon the office, or when the absence from the Commonwealth or incapacity of the President has ceased, or upon resignation or removal from office in like manner as the President, as the case may be.
 
Term of office of Acting President
 
A person acting as President shall not exercise a power or function of the President on any occasion unless he has in respect of that occasion of Acting President made and subscribed an oath or affirmation of allegiance and an oath or affirmation for the office of Acting President in the form set forth in Schedule 1 to this Constitution, and such oaths or affirmations shall be administered by the Chief Justice of the High Court, or by another Justice of the High Court, or if there is no Justice of the High Court or if all Justices of the High Court are absent from the Commonwealth by such officers as the Parliament may prescribe for the purpose, or in the absence of such provision, by such officer as the President shall, by Proclamation or otherwise, appoint.
 
Acting President to make oath of affirmation of allegiance and oath or affirmation of office
 
An Acting President shall receive such remuneration, payable out of the Consolidated Revenue Fund, as the Parliament fixes; but no such person shall be entitled to receive any remuneration from the Commonwealth in respect of any other office during such time as he acts as President.
 
Remuneration of Acting President
 
The provisions of this Constitution relating to the President, other than sections 60 and 61, extend and apply to any person acting as President.
 
Provisions relating to President to extend to Acting President
 
The President may in accordance with the advice of the Prime Minister appoint any person, or any persons jointly or severally, to be his deputy or deputies, and in that capacity to exercise during the pleasure of the President (including while the President is absent from Australia) such powers and functions of the President as the President thinks fit to assign to such deputy or deputies subject to any limitations expressed or directions given by the Prime Minister; but the appointment of such deputy or deputies shall not affect the exercise by the President himself (including while the President is absent from Australia) of any power or function.
 
Deputies of the President
 
A deputy of the President shall not exercise a power or function of the President on any occasion:
    (i) except in accordance with the instrument of appointment;

    (ii) except at the request of the President, acting in accordance with the advice of the Prime Minister, that he exercise that power or function on that occasion;

    (iii) unless since being appointed a deputy of the President he has made and subscribed an oath or affirmation of allegiance and an oath or affirmation for the office of deputy of the President in the form set forth in Schedule 1 to this Constitution, and such oaths or affirmations shall be administered by the Chief Justice of the High Court, or by another Justice of the High Court, or if there is no Justice of the High Court or if all Justices of the High Court are absent from the Commonwealth by such officers as the Parliament may prescribe for the purpose, or in the absence of such provision, by such officer as the President shall, by Proclamation or otherwise, appoint.

 
Limitations on powers of deputies of the President. Deputies of the President to make oath or affirmation of allegiance and oath or affirmation of office
 
A person exercising powers of functions as a deputy of the President shall receive such remuneration, payable out of the Consolidated Revenue Fund, as the Parliament fixes.
 
Remuneration of deputy of the President
 
63A. The Parliament may provide that there shall be a Vice President, but in the absence of such provision, there shall be no Vice President.

The provisions of this Constitution relating to the President extend and apply to the Vice President, except that the Vice President shall not exercise a power or function of the President on any occasion except when acting as President or as a deputy of the President.

The Vice President shall be chosen in like manner as is the President, and the procedure for nomination and choosing of a Vice President shall, as nearly as practicable, be conducted at the same time and in like manner as that for the President, except that in choosing a Vice President, a vote by the joint sitting of the members of the Senate and of the House of Representatives shall be conducted separately from the vote by the joint sitting to choose a President, and the incoming Vice President shall enter upon his office at the same time as the incoming President, or as soon as practicable thereafter, whereupon the term of the outgoing Vice President shall be deemed to have expired.

 
The Vice President
 
64. A Prime Minister shall be the chief Minister of State for the Commonwealth.
 
The Prime Minister
 
Not later than ten days after the day appointed for the return of the writs after any general election, or not later than ten days after the office of Prime Minister becomes vacant, 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.
 
President to appoint Prime Minister
 
But if the House of Representatives declares that another person commands the confidence of the House of Representatives, the President shall appoint that person to be Prime Minister.
 
Prime Minister to command confidence of the House of Representatives
 
The Prime Minister shall hold office, subject to this Constitution, until he dies, resigns, or is removed from office by the President in accordance with this Constitution.
 
Term of office of Prime Minister
 
The person who leads the party or coalition of parties which, apart from the party or coalition of parties of which the Prime Minister leads or is a member, occupies the greatest number of seats in the House of Representatives, shall be known as the Leader of the Opposition.
 
The Leader of the Opposition
 
65. The President, in accordance with the advice of the Prime Minister, shall appoint and remove from office Ministers of State, and may appoint such Ministers of State to administer such departments of State of the Commonwealth as the President in Council may establish.
 
Ministers of State
 
The Ministers of State shall hold such offices as the Parliament prescribes, or, in the absence of provision, as the President, in accordance with the advice of the Prime Minister, directs.
 
Offices held by Ministers
 
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 sit in Parliament
 
The Ministers of State shall receive as remuneration such annual sum, payable out of the Consolidated Revenue Fund, as the Parliament fixes.
 
Remuneration of Ministers
 
66. The President may, according to his discretion, remove from office a Prime Minister who has lost the confidence of the House of Representatives and has failed to resign, unless the Prime Minister or the Federal Executive Council has advised the President to dissolve the House of Representatives, and President has accepted that advice.
 
Removal of Prime Minister
 
The President may, according to his discretion, 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 the House of Representatives
 
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 remove from office the Prime Minister. In the event of the Prime Minister being so removed from office, the President 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
 
67. 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 President in Council, unless the appointment is delegated by the President in Council or by a law of the Commonwealth to some other authority.
 
Appointment of public servants
 
67A. There shall be a Constitutional Council, with such powers of administration as the Parliament deems necessary for the execution and maintenance, within the Commonwealth, of those provisions of this Constitution which vest functions and powers therein, and of all laws made under those provisions.
 
The Constitutional Council
 
The members of the Constitutional Council shall be -

    (i) Ex officio non-voting members, comprising the President, the Vice-President, and all former Presidents and Vice-Presidents (but not including any former President or Vice President who has been removed from office):

    (ii) Ex officio voting members, comprising -

      (a) the President of the Senate;

      (b) the Speaker of the House of Representatives;

      (c) the Prime Minister (or his designated substitute);

      (d) two members of Parliament, appointed by the Prime Minister, belonging to the party or coalition of parties of the Prime Minister;

      (e) the Leader of the Opposition (or his designated substitute);

      (f) two members of Parliament, appointed by the Leader of the Opposition, belonging to the party or coalition of parties of the Leader of the Opposition;

      (g) the leaders (or their designated substitutes) of parties or coalitions of parties as the case may be, other than those of the Prime Minister and the Leader of the Opposition, having five or more members in the Parliament;

      (h) such other ex officio voting members as the Parliament provides;

    (iii) At least sixteen community members, who shall have a vote.

 
Composition of Constitutional Council
 
Unless the Parliament otherwise provides, the President of the Senate shall be the Convenor of the Constitutional Council.
 
Convenor of Constitutional Council
 
A member of the Constitutional Council may resign his office by writing addressed to the Convenor.
 
Resignation of a member of the Constitutional Council
 
The presence of at least sixteen voting members shall be necessary to constitute a meeting of the Constitutional Council for the exercise of its powers.
 
Quorum of Constitutional Council
 
Subject to this Constitution, questions arising in the Constitutional Council shall be determined by a majority of votes, and each voting member shall have one vote. The Convenor shall in all cases be entitled to vote; and when the votes are equal the Convenor shall have a casting vote.
 
Voting in Constitutional Council
 
The qualifications of a community member of the Constitutional Council shall be the same as those of the President. The community members of the Constitutional Council -

    (i) Shall be appointed in such manner as may be prescribed by the Parliament, but in the absence of such provision, shall be elected by a single vote of the Senate to fill all such offices, and the method of voting shall be proportional representation by means of the single transferable vote. In the appointment thereof, consideration shall be given, as far as practicable, to the federal nature of the Commonwealth, to balanced representation of genders, to representation of a range of ages and to representation of the cultural diversity of the Commonwealth;

    (ii) Shall hold office at the pleasure of the Parliament;

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

 
Community members
 
68. The President shall be the Commander in Chief of the military forces of the Commonwealth, but any power or function vested in the President as Commander in Chief shall be exercised or performed only in accordance with the advice of the Federal Executive Council.
 
Command of military forces
 
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 titles, provided that no such honour or title shall be hereditary.

 
Certain powers of the President in Council


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 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 President in Council:

    (ii) Shall not be removed except by the 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 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 President.

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:

    (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.

 
Appellate jurisdiction of High Court
 
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, except that in the interpretation thereof, the Preamble shall be of no legal effect:

    (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.
 
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.

 
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;

    (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 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
 
88. Duties of customs shall be uniform throughout the Commonwealth.
 
Uniform duties of customs
 
90. The power of the Parliament to impose duties of customs and of excise, and to grant bounties on the production or export of goods, is exclusive.
 
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. Trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.
 
Trade within the Commonwealth to be free
 
94. The Parliament may provide, on such basis as it deems fair, for the monthly payment to the several States of all surplus revenue of the Commonwealth.
 
Distribution of surplus
 
96. The Parliament may grant financial assistance to any State on such terms and conditions as the Parliament thinks fit.
 
Financial assistance to States
 
97. The Parliament may make laws with respect to the receipt of revenue and the expenditure of money on account of the Commonwealth, or the Government or of an officer of the Commonwealth.
 
Audit
 
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, if such preference or discrimination is undue and unreasonable, or unjust to any State; due regard being had to the financial responsibilities incurred by any State in connexion with the construction and maintenance of its railways. But no preference or discrimination shall, within the meaning of this section, be taken to be undue and unreasonable, or unjust to any State, unless so adjudged by the Inter-State Commission.
 
Parliament may forbid preferences by State
 
103. The members of the Inter-State Commission-

    (i) Shall be appointed by the President in Council:

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

(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. The Governor of a State shall be appointed and dismissed by the President, acting in accordance with the advice of the Executive Council of the State, or otherwise as may be prescribed by the law of the State.
 
The Governor of a State
 
108. (1) Subject to sub-sections (3) and (4), the executive power of a State is vested in the Governor of the State and exercisable by the Governor of the State subject to such limitations as may be imposed by this Constitution and by the Constitution of the State, and to such regulations as the Parliament of the State prescribes.

(2) The powers, functions, rights, privileges, immunities and prerogatives of the Crown in right of the State shall be enjoyed by the Governor of the State, or by the State, as the case may be, subject to this Constitution and to such regulations as the Parliament of the State prescribes.

(3) Subsections (1) and (2) do not apply in relation to the power to appoint or to dismiss the Governor of a State.

(4) While the President is personally present in a State, he is not precluded from exercising any of the powers and functions of the Crown in right of the State that are the subject of sub-sections (1) and (2), provided that he shall do so only during the pleasure of the Governor of the State.

(5) Subject to this Constitution, the Parliament of the Commonwealth may make laws to give effect to the provisions of section 107 and of this section, notwithstanding that the powers and functions of the Governor, and other matters relating to the office of Governor may be prescribed by the law of the State.

 
Executive power of a State
 
109. 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.
 
Provisions relating to Governor
 
110. 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
 
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. 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
 
117. An Australian citizen, 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 an Australian citizen 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 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 under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit, 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.

 
Seat of Government
 
126. This Constitution, and all laws made under it by the Parliament of the Commonwealth, 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.
 
Operation of Constitution and laws
 
127. In this Constitution:
    The Commonwealth means the Commonwealth of Australia as established and continuing under this Constitution.

    The President, unless otherwise provided by this Constitution, means the President acting according to his discretion with, 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 any of those officers, or of any other person exercising executive power; but in so acting, the President shall have due regard to established conventions.

    The President in Council means the President acting in accordance with the advice of the Federal Executive Council.

    The Crown, in the case of an individual personage, means the President (or, in the case of a State, the Governor of thee State) acting in accordance with this Constitution; and in the case of a collective entity, means those organs of civil rule and government of the Commonwealth (or, in the case of a State, those organs of civil rule and government of the State) which exercise powers or functions under this Constitution, including such organs of civil rule and government as may be constituted according to law from time to time.

    The Original States means New South Wales, Queensland, Tasmania, Victoria, Western Australia and South Australia.

    The States means the original States, and such territories as may be admitted into or established by the Commonwealth as States.

 
Definitions


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 President 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 President for assent.

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


 Schedule I - Oaths and Affirmations

 Part I - Oath or affirmation of allegiance

OATH

 
I, A.B., do swear that I will uphold the Constitution and the laws, that I will fulfil my duties faithfully and conscientiously, and that I will be loyal and will bear true allegiance to the Commonwealth of Australia and to its People, whose democratic beliefs I share, whose rights and liberties I respect, and to whose service and welfare I will dedicate my abilities. SO HELP ME GOD!

AFFIRMATION

 
I, A.B., do solemnly and sincerely affirm that I will uphold the Constitution and the laws, that I will fulfil my duties faithfully and conscientiously, and that I will be loyal and will bear true allegiance to the Commonwealth of Australia and to its People, whose democratic beliefs I share, whose rights and liberties I respect, and to whose service and welfare I will dedicate my abilities.


 Part II - Oath or affirmation of office

OATH

 
I, A.B., do swear that I will well and truly serve the Commonwealth of Australia and its People in the office of President of the Commonwealth of Australia, and that I will do right to all manner of people without fear or favour, affection or ill-will. SO HELP ME GOD!

AFFIRMATION

 
I, A.B., do solemnly and sincerely affirm that I will well and truly serve the Commonwealth of Australia and its People in the office of President of the Commonwealth of Australia, and that I will do right to all manner of people without fear or favour, affection or ill-will.
(NOTE - The title of the office of President of the Commonwealth of Australia is to be substituted with the title of such other office as the case may require.)


 Schedule II - Transitional and Temporary Provisions

 
1. The office of Governor-General ceases to exist at the commencement of Schedules 1 and 2 to the Constitution Alteration (Establishment of Republic) 1999.
 
The Governor-General
 
2. The first President may be chosen before the office of Governor-General ceases to exist, as if the provisions of this Constitution relating to the choice of the President had commenced when the Constitution Alteration (Establishment of Republic) 1999 was enacted.

The first President's term of office begins on 1 January 2001. The person chosen shall make and subscribe the the oath or affirmation of allegiance and the oath or affirmation of office for the office of President under section 60 on or before that day.

But if no person is chosen as the first President before that day, the first President's term of office begins on the day after the person chosen makes the oath or affirmation of allegiance and the oath or affirmation of office. Until that term begins, the person occupying the office of Governor-General on the day before the office of Governor-General ceases to exist shall act as President.

 
The first President
 
3. Before the office of Governor-General ceases to exist, the Parliament may make laws that the Parliament could have made after that time because of the enactment of the Constitution Alteration (Establishment of Republic) 1999, and such laws may take effect before that time.
 
Parliament may make laws during transitional period
 
4. The alterations of this Constitution made by the Constitution Alteration (Establishment of Republic) 1999 do not affect:
    (i) the validity or continued effect, after the office of Governor-General ceases to exist, of anything done before that time under this Constitution or under the law in force in the Commonwealth; or

    (ii) the continuity of the Parliament and its proceedings after the office of Governor-General ceases to exist; or

    (iii) the qualifications of a senator or a member of the House of Representatives for the remainder of the term of a person who is a senator or member when the office of Governor-General ceases to exist; or

    (iv) the continuity of the Executive Government of the Commonwealth, including in particular the membership and proceedings of the Federal Executive Council, after the office of Governor-General ceases to exist; or

    (v) the continuity of courts and their jurisdiction and proceedings after the office of Governor-General ceases to exist.

After the office of Governor-General ceases to exist, anything done before that time for the purposes of a provision of this Constitution by the Governor-General, or by the Governor-General in Council, has effect as if it had been done by the President, or by the President in Council, as the case requires.

 
Savings
 
5. If, before the office of Governor-General ceases to exist, the Parliament of a State resolves that the Queen shall continue to be head of state of the State after the office of Governor-General ceases to exist, she shall continue to be head of state of the State (provided that Her Majesty does not decline to so continue), and under such circumstances, the provisions of Chapter V of this Constitution referring to the President in respect of that State shall be construed as referring to the Queen in respect of that State, and the provisions of this Constitution, or of the Constitution of a State, or in any law of the Commonwealth or of the State referring to the Crown (in the case of an individual personage) in right of that State shall be construed as referring to the Queen. The Parliament of that State may at any time thereafter resolve that the Queen shall cease to be head of state of that State, and thereafter, this section shall be of no effect in respect of that State.

But after the office of Governor-General ceases to exist, in the absence of a resolution that the Queen shall continue to be head of state of the State, or following a resolution by the Parliament of a State that the Queen shall cease to be head of state of that State:

    (i) the Queen shall cease to be head of state of the State, and shall have no powers or functions in respect of the State;

    (ii) the Governor of the State shall cease to be Her Majesty's representative in the State;

    (iii) the continuity of the office of a Governor of a State shall not be affected by the alterations of this Constitution made by the Constitution Alteration (Establishment of Republic) 1999, and a person holding the office of Governor of the State immediately before the Queen ceases to be head of state of the State shall continue to hold the office as if he had at the time of his appointment to that office been appointed in accordance with the Constitution as altered by the Constitution Alteration (Establishment of Republic) 1999.

 
The States
 
6. The alterations of this Constitution made by the Constitution Alteration (Establishment of Republic) 1999 do not affect the unity of the federal system of government and law established under this Constitution.
 
Unified federal system
 
7. The Parliament may make a law that amends section 7 of the Australia Act 1986 to provide that the section does not apply to a State that has altered its laws to sever its links with the Crown.
 
Amendment of Australia Act
 
8. Subject to this Constitution, any prerogative, immunity, preference or right derived from the royal prerogative and enjoyed by the Crown in right of the Commonwealth immediately before the office of Governor-General ceased to exist shall continue to be enjoyed by the President, or by the Commonwealth, as the case may be.
 
Continuation of prerogative
 
9. 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.

All powers and functions that were vested under this section in the Governor-General, or in the Governor-General in Council, immediately before the office of Governor-General ceased to exist shall vest in the President, or in the President in Council, as the case requires.

 
Certain powers of Governors to vest in Governor-General Vesting of certain powers
 
10. 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
 
11. The reference to "conventions" in section 59 and in section 127 shall be construed as including a reference to the conventions that related to the exercise of a power by the Governor-General.
 
Interpretation of "convention"
 
12. 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
 
13. 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
 
14. The Parliament may make laws for validating any agreement made pursuant to section section 105A before the commencement of that section.
 
Saving of agreements with respect to State debts
 
15. Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be.
 
Saving of power of State Parliaments
 
16. Every law in force in a Colony which has become or becomes a State, and relating to any matter within the powers of the Parliament of the Commonwealth, shall, subject to this Constitution, continue in force in the State; and until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law as the Parliament of the Colony had until the Colony became a State.
 
Saving of State laws
 
17. 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
 
18. Nothing in this Constitution shall be taken to prevent the continued use of the terms "Crown", "Royal" or other related terms (including the use of the terms "Crown land" and "Crown lease"), or of the royal insignia, by any person or organisation, whether public or private. Any change that may be effected in any context to the terms "Crown", "Royal" or other related terms shall not affect any existing rights and entitlements in respect of that to which those terms apply.
 
Provision for continued use of "Crown" etc.
 
19. 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 (Establishment of Republic) 1999 takes effect shall remain so qualified, notwithstanding the provisions of section 30.
 
Saving of qualifications of electors
 
20. 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


Last updated 25 March 1999.


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