CONSTITUTION OF THE COMMONWEALTH OF AUSTRALIA
JULY 9, 1900, AS AMENDED TO JULY 29, 1977
Chapter I
The Parliament
Part I
General
1. Legislative power
The legislative power of the Commonwealth shall be vested in a
Federal Parliament, which shall consist of the Queen, a Senate, and
a House of Representatives, and which is hereinafter called The
Parliament, or The Parliament of the Commonwealth.
2. Governor-General
A Governor-General appointed by the Queen shall be Her Majesty’s
representative in the Commonwealth, and shall have and may
exercise in the Commonwealth during the Queen’s pleasure, but
subject to this Constitution, such powers and functions of the
Queen as Her Majesty may be pleased to assign to him.
3. Salary of Governor-General
There shall be payable to the Queen out of the Consolidated
Revenue fund of the Commonwealth, for the salary of the
Governor-General, an annual sum which, until the Parliament
otherwise provides, shall be ten thousand pounds.
The salary of a Governor-General shall not be altered during his
continuance in office.
4. Provisions relating to Governor-General
2
The provisions of this Constitution relating to the Governor-General
extend and apply to the Governor-General for the time being, or
such person as the Queen may appoint to administer the
Government of the Commonwealth; but no such person shall be
entitled to receive any salary from the Commonwealth in respect of
any other office during his administration of the Government of the
Commonwealth.
5. Sessions of Parliament. Prorogation and dissolution
The Governor-General may appoint such times for holding the
sessions of the Parliament as he thinks fit, and may also from time
to time, by Proclamation or otherwise, prorogue the Parliament, and
may in like manner dissolve the House of Representatives.
Summoning Parliament
After any general election the Parliament shall be summoned to
meet not later than thirty days after the day appointed for the
return of the writs.
First session
The Parliament shall be summoned to meet not later than six
months after the establishment of the Commonwealth.
6. Yearly session of Parliament
There shall be a session of the Parliament once at least in every
year, so that twelve months shall not intervene between the last
sitting of the Parliament in one session and its first sitting in the
next session.
Part II
The Senate
7. The Senate [see Note 5]
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The Senate shall be composed of senators for each State, directly
chosen by the people of the State, voting, until the Parliament
otherwise provides, as one electorate.
But until the Parliament of the Commonwealth otherwise provides,
the Parliament of the State of Queensland, if that State be an
Original State, may make laws dividing the State into divisions and
determining the number of senators to be chosen for each division,
and in the absence of such provision the State shall be one
electorate.
Until the Parliament otherwise provides there shall be six senators
for each Original State. The Parliament may make laws increasing or
diminishing the number of senators for each State, but so that
equal representation of the several Original States shall be
maintained and that no Original State shall have less than six
senators.
The senators shall be chosen for a term of six years, and the names
of the senators chosen for each State shall be certified by the
Governor to the Governor-General.
8. Qualification of electors
The qualification of electors of senators shall be in each State that
which is prescribed by this Constitution, or by the Parliament, as
the qualification for electors of members of the House of
Representatives; but in the choosing of senators each elector shall
vote only once.
9. Method of election of senators [see Note 6]
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.
Times and places [see Note 6]
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The Parliament of a State may make laws for determining the times
and places of elections of senators for the State.
10. Application of State laws
Until the Parliament otherwise provides, but subject to this
Constitution, the laws in force in each State, for the time being,
relating to elections for the more numerous House of the
Parliament of the State shall, as nearly as practicable, apply to
elections of senators for the State.
11. Failure to choose senators
The Senate may proceed to the despatch of business,
notwithstanding the failure of any State to provide for its
representation in the Senate.
12. Issue of writs
The Governor of any State may cause writs to be issued for
elections of senators for the State. In case of the dissolution of the
Senate the writs shall be issued within ten days from the
proclamation of such dissolution.
13. Rotation of senators
As soon as may be after the Senate first meets, and after each first
meeting of the Senate following a dissolution thereof, the Senate
shall divide the senators chosen for each State into two classes, as
nearly equal in number as practicable; and the places of the
senators of the first class shall become vacant at the expiration of
three years, and the places of those of the second class at the
expiration of six years, from the beginning of their term of service;
and afterwards the places of senators shall become vacant at the
expiration of six years from the beginning of their term of service.
The election to fill vacant places shall be made within one year
before the places are to become vacant.
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For the purposes of this section the term of service of a senator
shall be taken to begin on the first day of July following the day of
his election, except in the cases of the first election and of the
election next after any dissolution of the Senate, when it shall be
taken to begin on the first day of July preceding the day of his
election.
14. Further provision for rotation [see Note 7]
Whenever the number of senators for a State is increased or
diminished, the Parliament of the Commonwealth may make such
provision for the vacating of the places of senators for the State as
it deems necessary to maintain regularity in the rotation.
15. Casual vacancies [see Note 8]
If the place of a senator becomes vacant before the expiration of his
term of service, the Houses of Parliament of the State for which he
was chosen, sitting and voting together, or, if there is only one
House of that Parliament, that House, shall choose a person to hold
the place until the expiration of the term. But if the Parliament of
the State is not in session when the vacancy is notified, the
Governor of the State, with the advice of the Executive Council
thereof, may appoint a person to hold the place until the expiration
of fourteen days from the beginning of the next session of the
Parliament of the State or the expiration of the term, whichever first
happens.
Where a vacancy has at any time occurred in the place of a senator
chosen by the people of a State and, at the time when he was so
chosen, he was publicly recognized by a particular political party as
being an endorsed candidate of that party and publicly represented
himself to be such a candidate, a person chosen or appointed under
this section in consequence of that vacancy, or in consequence of
that vacancy and a subsequent vacancy or vacancies, shall, unless
there is no member of that party available to be chosen or
appointed, be a member of that party.
Where:
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(a) in accordance with the last preceding paragraph, a member
of a particular political party is chosen or appointed to hold
the place of a senator whose place had become vacant; and
(b) before taking his seat he ceases to be a member of that
party (otherwise than by reason of the party having ceased to
exist);
he shall be deemed not to have been so chosen or appointed and
the vacancy shall be again notified in accordance with section
twenty-one of this Constitution.
The name of any senator chosen or appointed under this section
shall be certified by the Governor of the State to the Governor-
General.
If the place of a senator chosen by the people of the State at the
election of senators last held before the commencement of the
Constitution Alteration (Senate Casual Vacancies) 1977 became
vacant before that commencement and, at that commencement, no
person chosen by the House or Houses of Parliament of the State,
or appointed by the Governor of the State, in consequence of that
vacancy, or in consequence of that vacancy and a subsequent
vacancy or vacancies, held office, this section applies as if the place
of the senator chosen by the people of the State had become vacant
after that commencement.
A senator holding office at the commencement of the Constitution
Alteration (Senate Casual Vacancies) 1977, being a senator
appointed by the Governor of a State in consequence of a vacancy
that had at any time occurred in the place of a senator chosen by
the people of the State, shall be deemed to have been appointed to
hold the place until the expiration of fourteen days after the
beginning of the next session of the Parliament of the State that
commenced or commences after he was appointed and further
action under this section shall be taken as if the vacancy in the
place of the senator chosen by the people of the State had occurred
after that commencement.
7
Subject to the next succeeding paragraph, a senator holding office
at the commencement of the Constitution Alteration (Senate Casual
Vacancies) 1977 who was chosen by the House or Houses of
Parliament of a State in consequence of a vacancy that had at any
time occurred in the place of a senator chosen by the people of the
State shall be deemed to have been chosen to hold office until the
expiration of the term of service of the senator elected by the
people of the State.
If, at or before the commencement of the Constitution Alteration
(Senate Casual Vacancies) 1977, a law to alter the Constitution
entitled “Constitution Alteration (Simultaneous Elections) 1977”
came into operation, a senator holding office at the commencement
of that law who was chosen by the House or Houses of Parliament
of a State in consequence of a vacancy that had at any time
occurred in the place of a senator chosen by the people of the State
shall be deemed to have been chosen to hold office:
(a) if the senator elected by the people of the State had a term
of service expiring on the thirtieth day of June, One thousand
nine hundred and seventy-eight-until the expiration or
dissolution of the first House of Representatives to expire or
be dissolved after that law came into operation; or
(b) if the senator elected by the people of the State had a term
of service expiring on the thirtieth day of June, One thousand
nine hundred and eighty-one-until the expiration or
dissolution of the second House of Representatives to expire
or be dissolved after that law came into operation or, if there
is an earlier dissolution of the Senate, until that dissolution.
16. Qualifications of senator
The qualifications of a senator shall be the same as those of a
member of the House of Representatives.
17. Election of President
The Senate shall, before proceeding to the despatch of any other
business, choose a senator to be the President of the Senate; and as
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often as the office of President becomes vacant the Senate shall
again choose a senator to be the President.
The President shall cease to hold his office if he ceases to be a
senator. He may be removed from office by a vote of the Senate, or
he may resign his office or his seat by writing addressed to the
Governor-General.
18. Absence of President
Before or during any absence of the President, the Senate may
choose a senator to perform his duties in his absence.
19. Resignation of senator
A senator may, by writing addressed to the President, or to the
Governor-General if there is no President or if the President is
absent from the Commonwealth, resign his place, which thereupon
shall become vacant.
20. Vacancy by absence
The place of a senator shall become vacant if for two consecutive
months of any session of the Parliament he, without the permission
of the Senate, fails to attend the Senate.
21. Vacancy to be notified
Whenever a vacancy happens in the Senate, the President, or if there
is no President or if the President is absent from the
Commonwealth the Governor-General, shall notify the same to the
Governor of the State in the representation of which the vacancy has
happened.
22. Quorum
Until the Parliament otherwise provides, the presence of at least
one-third of the whole number of the senators shall be necessary to
constitute a meeting of the Senate for the exercise of its powers.
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23. Voting in the Senate
Questions arising in the Senate shall be determined by a majority of
votes, and each senator shall have one vote. The President shall in
all cases be entitled to a vote; and when the votes are equal the
question shall pass in the negative.
Part III
The House of Representatives
24. Constitution of House of Representatives
The House of Representatives shall be composed of members
directly chosen by the people of the Commonwealth, and the
number of such members shall be, as nearly as practicable, twice
the number of the senators.
The number of members chosen in the several States shall be in
proportion to the respective numbers of their people, and shall,
until the Parliament otherwise provides, be determined, whenever
necessary, in the following manner:
(i) a quota shall be ascertained by dividing the number of the
people of the Commonwealth, as shown by the latest statistics
of the Commonwealth, by twice the number of the senators;
(ii) the number of members to be chosen in each State shall
be determined by dividing the number of the people of the
State, as shown by the latest statistics of the Commonwealth,
by the quota; and if on such division there is a remainder
greater than one-half of the quota, one more member shall be
chosen in the State.
But notwithstanding anything in this section, five members at least
shall be chosen in each Original State.
25. Provision as to races disqualified from voting
For the purposes of the last section, if by the law of any State all
persons of any race are disqualified from voting at elections for the
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more numerous House of the Parliament of the State, then, in
reckoning the number of the people of the State or of the
Commonwealth, persons of that race resident in that State shall not
be counted.
26. Representatives in first Parliament
Notwithstanding anything in section twenty-four, the number of
members to be chosen in each State at the first election shall be as
follows:
New South Wales …………………………………….. twentythree;
Victoria ………………………………………………….. twenty;
Queensland ……………………………………………. eight;
South Australia ……………………………………….. six;
Tasmania ……………………………………………….. five;
Provided that if Western Australia is an Original State, the numbers
shall be as follows:
New South Wales …………………………………….. twenty-six;
Victoria ………………………………………………….. twentythree;
Queensland ……………………………………………. nine;
South Australia ……………………………………….. seven;
Western Australia ……………………………………. five;
Tasmania ……………………………………………….. five.
27. Alteration of number of members
Subject to this Constitution, the Parliament may make laws for
increasing or diminishing the number of the members of the House
of Representatives.
28. Duration of House of Representatives
Every House of Representatives shall continue for three years from
the first meeting of the House, and no longer, but may be sooner
dissolved by the Governor-General.
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29. Electoral divisions [see Note 9]
Until the Parliament of the Commonwealth otherwise provides, the
Parliament of any State may make laws for determining the
divisions in each State for which members of the House of
Representatives may be chosen, and the number of members to be
chosen for each division. A division shall not be formed out of parts
of different States.
In the absence of other provision, each State shall be one
electorate.
30. Qualification of electors
Until the Parliament otherwise provides, the qualification of electors
of members of the House of Representatives shall be in each State
that which is prescribed by the law of the State as the qualification
of electors of the more numerous House of Parliament of the State;
but in the choosing of members each elector shall vote only once.
31. Application of State laws
Until the Parliament otherwise provides, but subject to this
Constitution, the laws in force in each State for the time being
relating to elections for the more numerous House of the
Parliament of the State shall, as nearly as practicable, apply to
elections in the State of members of the House of Representatives.
32. Writs for general election
The Governor-General in Council may cause writs to be issued for
general elections of members of the House of Representatives.
After the first general election, the writs shall be issued within ten
days from the expiry of a House of Representatives or from the
proclamation of a dissolution thereof.
33. Writs for vacancies
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Whenever a vacancy happens in the House of Representatives, the
Speaker shall issue his writ for the election of a new member, or if
there is no Speaker or if he is absent from the Commonwealth the
Governor-General in Council may issue the writ.
34. Qualifications of members
Until the Parliament otherwise provides, the qualifications of a
member of the House of Representatives shall be as follows:
(i) he must be of the full age of twenty-one years, and must
be an elector entitled to vote at the election of members of
the House of Representatives, or a person qualified to become
such elector, and must have been for three years at the least a
resident within the limits of the Commonwealth as existing at
the time when he is chosen;
(ii) he must be a subject of the Queen, either natural-born or
for at least five years naturalized under a law of the United
Kingdom, or of a Colony which has become or becomes a
State, or of the Commonwealth, or of a State.
35. Election of Speaker
The House of Representatives shall, before proceeding to the
despatch of any other business, choose a member to be the
Speaker of the House, and as often as the office of Speaker
becomes vacant the House shall again choose a member to be the
Speaker.
The Speaker shall cease to hold his office if he ceases to be a
member. He may be removed from office by a vote of the House, or
he may resign his office or his seat by writing addressed to the
Governor-General.
36. Absence of Speaker
Before or during any absence of the Speaker, the House of
Representatives may choose a member to perform his duties in his
absence.
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37. Resignation of member
A member may by writing addressed to the Speaker, or to the
Governor-General if there is no Speaker or if the Speaker is absent
from the Commonwealth, resign his place, which thereupon shall
become vacant.
38. Vacancy by absence
The place of a member shall become vacant if for two consecutive
months of any session of the Parliament he, without the permission
of the House, fails to attend the House.
39. Quorum
Until the Parliament otherwise provides, the presence of at least
one-third of the whole number of the members of the House of
Representatives shall be necessary to constitute a meeting of the
House for the exercise of its powers.
40. Voting in House of Representatives
Questions arising in the House of Representatives shall be
determined by a majority of votes other than that of the Speaker.
The Speaker shall not vote unless the numbers are equal, and then
he shall have a casting vote.
Part IV
Both Houses of the Parliament
41. Right of electors of States
No adult person who has or acquires a right to vote at elections for
the more numerous House of the Parliament of a State shall, while
the right continues, be prevented by any law of the Commonwealth
from voting at elections for either House of the Parliament of the
Commonwealth.
42. Oath or affirmation of allegiance
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Every senator and every member of the House of Representatives
shall before taking his seat make and Subscribe before the
Governor-General, or some person authorised by him, an oath or
affirmation of allegiance in the form set forth in the schedule to this
Constitution.
43. Member of one House ineligible for other
A member of either House of the Parliament shall be incapable of
being chosen or of sitting as a member of the other House.
44. Disqualification
Any person who:
(i) is under any acknowledgment of allegiance, obedience, or
adherence to a foreign power, or is a subject or a citizen or
entitled to the rights or privileges of a subject or a citizen of a
foreign power; or
(ii) is attainted of treason, or has been convicted and is under
sentence, or subject to be sentenced, for any offence
punishable under the law of the Commonwealth or of a State
by imprisonment for one year or longer; or
(iii) is an undischarged bankrupt or insolvent; or
(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.
15
But subsection (iv) does not apply to the office of any of the
Queen’s Ministers of State for the Commonwealth, or of any of the
Queen’s Ministers for a State, or to the receipt of pay, half pay, or a
pension, by any person as an officer or member of the Queen’s
navy or army, or to the receipt of pay as an officer or member of the
naval or military forces of the Commonwealth by any person whose
services are not wholly employed by the Commonwealth.
45. Vacancy on happening of disqualification
If a senator or member of the House of Representatives:
(i) becomes subject to any of the disabilities mentioned in the
last preceding section; or
(ii) takes the benefit, whether by assignment, composition, or
otherwise, of any law relating to bankrupt or insolvent
debtors; or
(iii) directly or indirectly takes or agrees to take any fee or
honorarium for services rendered to the Commonwealth, or
for services rendered in the Parliament to any person or State;
his place shall thereupon become vacant.
46. Penalty for sitting when disqualified
Until the Parliament otherwise provides, any person declared by this
Constitution to be incapable of sitting as a senator or as a member
of the House of Representatives shall, for every day on which he so
sits, be liable to pay the sum of one hundred pounds to any person
who sues for it in any court of competent jurisdiction.
47. Disputed elections
Until the Parliament otherwise provides, any question respecting the
qualification of a senator or of a member of the House of
Representatives, or respecting a vacancy in either House of the
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Parliament, and any question of a disputed election to either House,
shall be determined by the House in which the question arises.
48. Allowance to members
Until the Parliament otherwise provides, each senator and each
member of the House of Representatives shall receive an allowance
of four hundred pounds a year, to be reckoned from the day on
which he takes his seat.
49. Privileges etc. of Houses
The powers, privileges, and immunities of the Senate and of the
House of Representatives, and of the members and the committees
of each House, shall be such as are declared by the Parliament, and
until declared shall be those of the Commons House of Parliament
of the United Kingdom, and of its members and committees, at the
establishment of the Commonwealth.
50. Rules and orders
Each House of the Parliament may make rules and orders with
respect to:
(i) the mode in which its powers, privileges, and immunities
may be exercised and upheld;
(ii) the order and conduct of its business and proceedings
either separately or jointly with the other House.
Part V
Powers of the Parliament
51. Legislative powers of the Parliament [see Notes 10 and 11]
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:
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(i) trade and commerce with other countries, and among the
States;
(ii) taxation; but so as not to discriminate between States or
parts of States;
(iii) bounties on the production or export of goods, but so
that such bounties shall be uniform throughout the
Commonwealth;
(iv) borrowing money on the public credit of the
Commonwealth;
(v) postal, telegraphic, telephonic, and other like services;
(vi) the naval and military defence of the Commonwealth and
of the several States, and the control of the forces to execute
and maintain the laws of the Commonwealth;
(vii) lighthouses, lightships, beacons and buoys;
(viii) astronomical and meteorological observations;
(ix) quarantine;
(x) fisheries in Australian waters beyond territorial limits;
(xi) census and statistics;
(xii) currency, coinage, and legal tender;
(xiii) banking, other than State banking; also State banking
extending beyond the limits of the State concerned, the
incorporation of banks, and the issue of paper money;
(xiv) insurance, other than State insurance; also State
insurance extending beyond the limits of the State concerned;
(xv) weights and measures;
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(xvi) Bills of exchange and promissory notes;
(xvii) bankruptcy and insolvency;
(xviii) copyrights, Patents of inventions and designs, and trade
marks;
(xix) naturalization and aliens;
(xx) foreign corporations, and trading or financial
corporations formed within the limits of the Commonwealth;
(xxi) marriage;
(xxii) divorce and matrimonial causes; and in relation thereto,
parental rights, and the custody and guardianship of infants;
(xxiii) invalid and old-age pensions;
(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 authorize any form of civil conscription),
benefits to students and family allowances;
(xxiv) the service and execution throughout the
Commonwealth of the civil and criminal process and the
judgments of the courts of the States;
(xxv) the recognition throughout the Commonwealth of the
laws, the public Acts and records, and the judicial proceedings
of the States;
(xxvi) the people of any race for whom it is deemed necessary
to make special laws;
(xxvii) immigration and emigration;
(xxviii) the influx of criminals;
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(xxix) external affairs;
(xxx) the relations of the Commonwealth with the islands of
the Pacific;
(xxxi) the acquisition of property on just terms from any State
or person for any purpose in respect of which the Parliament
has power to make laws;
(xxxii) the control of railways with respect to transport for the
naval and military purposes of the Commonwealth;
(xxxiii) the acquisition, with the consent of a State, of any
railways of the State on terms arranged between the
Commonwealth and the State;
(xxxiv) railway construction and extension in any State with
the consent of that State;
(xxxv) conciliation and arbitration for the prevention and
settlement of industrial disputes extending beyond the limits
of any one State;
(xxxvi) matters in respect of which this Constitution makes
provision until the Parliament otherwise provides;
(xxxvii) matters referred to the Parliament of the
Commonwealth by the Parliament or Parliaments of any State
or States, but so that the law shall extend only to States by
whose Parliaments the matter is referred, or which afterwards
adopt the law;
(xxxviii) the exercise within the Commonwealth, at the
request or with the concurrence of the Parliaments of all the
States directly concerned, of any power which can at the
establishment of this Constitution be exercised only by the
Parliament of the United Kingdom or by the Federal Council of
Australasia;
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(xxxix) matters incidental to the execution of any power
vested by this Constitution in the Parliament or in either
House thereof, or in the Government of the Commonwealth,
or in the Federal Judicature , or in any department or officer of
the Commonwealth.
52. Exclusive powers of the Parliament
The Parliament shall, subject to this Constitution, have exclusive
power to make laws for the peace, order, and good government of
the Commonwealth with respect to:
(i) the seat of government of the Commonwealth, and all
places acquired by the Commonwealth for public purposes;
(ii) matters relating to any department of the public service
the control of which is by this Constitution transferred to the
Executive Government of the Commonwealth;
(iii) other matters declared by this Constitution to be within
the exclusive power of the Parliament.
53. Powers of the Houses in respect of legislation
Proposed laws appropriating revenue or moneys, or imposing
taxation, shall not originate in the Senate. But a proposed law shall
not be taken to appropriate revenue or moneys, or to impose
taxation, by reason only of its containing provisions for the
imposition or appropriation of fines or other pecuniary penalties, or
for the demand or payment or appropriation of fees for licences, or
fees for services under the proposed law.
The Senate may not amend proposed laws imposing taxation, or
proposed laws appropriating revenue or moneys for the ordinary
annual services of the Government.
The Senate may not amend any proposed law so as to increase any
proposed charge or burden on the people.
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The Senate may at any stage return to the House of Representatives
any proposed law which the Senate may not amend, requesting, by
message, the omission or amendment of any items or provisions
therein. And the House of Representatives may, if it thinks fit, make
any of such omissions or amendments, with or without
modifications.
Except as provided in this section, the Senate shall have equal
power with the House of Representatives in respect of all proposed
laws.
54. Appropriation Bills
The proposed law which appropriates revenue or moneys for the
ordinary annual services of the Government shall deal only with
such appropriation.
55. Tax Bill
Laws imposing taxation shall deal only with the imposition of
taxation, and any provision therein dealing with any other matter
shall be of no effect.
Laws imposing taxation, except laws imposing duties of customs or
of excise, shall deal with one subject of taxation only; but laws
imposing duties of customs shall deal with duties of customs only,
and laws imposing duties of excise shall deal with duties of excise
only.
56. Recommendation of money votes
A vote, resolution, or proposed law for the appropriation of revenue
or moneys shall not be passed unless the purpose of the
appropriation has in the same session been recommended by
message of the Governor-General to the House in which the
proposal originated.
57. Disagreement between the Houses
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If the House of Representatives passes any proposed law, and the
Senate rejects or fails to pass it, or passes it with amendments to
which the House of Representatives will not agree, and if after an
interval of three months the House of Representatives, in the same
or the next session, again passes the proposed law with or without
any amendments which have been made, suggested, or agreed to
by the Senate, and the Senate rejects or fails to pass it, or passes it
with amendments to which the House of Representatives will not
agree, the Governor-General may dissolve the Senate and the
House of Representatives simultaneously. But such dissolution shall
not take place within six months before the date of the expiry of
the House of Representatives by effluxion of time.
If after such dissolution the House of Representatives again passes
the proposed law, with or without any amendments which have
been made, suggested, or agreed to by the Senate, and the Senate
rejects or fails to pass it, or passes it with amendments to which the
House of Representatives will not agree, the Governor-General may
convene a joint sitting of the members of the Senate and of the
House of Representatives.
The members present at the joint sitting may deliberate and shall
vote together upon the proposed law as last proposed by the House
of Representatives, and upon amendments, if any, which have been
made therein by one House and not agreed to by the other, and any
such amendments which are affirmed by an absolute majority of the
total number of the members of the Senate and House of
Representatives shall be taken to have been carried, and if the
proposed law, with the amendments, if any, so carried is affirmed
by an absolute majority of the total number of the members of the
Senate and House of Representatives, it shall be taken to have been
duly passed by both Houses of the Parliament, and shall be
presented to the Governor-General for the Queen’s assent.
58. Royal assent to Bills
When a proposed law passed by both Houses of the Parliament is
presented to the Governor-General for the Queen’s assent, he shall
declare, according to his discretion, but subject to this Constitution,
23
that he assents in the Queen’s name, or that he withholds assent,
or that he reserves the law for the Queen’s pleasure.
Recommendations by Governor-General
The Governor-General may return to the house in which it
originated any proposed law so presented to him, and may transmit
therewith any amendments which he may recommend, and the
Houses may deal with the recommendation.
59. Disallowance by the Queen
The Queen may disallow any law within one year from the
Governor-General’s assent, and such disallowance on being made
known by the Governor-General by speech or message to each of
the Houses of the Parliament, or by Proclamation, shall annul the
law from the day when the disallowance is so made known.
60. Signification of Queen’s pleasure on Bills reserved
A proposed law reserved for the Queen’s pleasure shall not have
any force unless and until within two years from the day on which it
was presented to the Governor-General for the Queen’s assent the
Governor-General makes known, by speech or message to each of
the Houses of the Parliament, or by Proclamation, that it has
received the Queen’s assent.
Chapter II
The Executive Government
61. Executive power
The executive power of the Commonwealth is vested in the Queen
and is exercisable by the Governor-General as the Queen’s
representative, and extends to the execution and maintenance of
this Constitution, and of the laws of the Commonwealth.
62. Federal Executive Council
24
There shall be a Federal Executive Council to advise the Governor-
General in the government of the Commonwealth, and the members
of the Council shall be chosen and summoned by the Governor-
General and sworn as Executive Councillors, and shall hold office
during his pleasure.
63. Provisions referring to Governor-General
The provisions of this Constitution referring to the Governor-
General in Council shall be construed as referring to the Governor-
General acting with the advice of the Federal Executive Council.
64. Ministers of State
The Governor-General may appoint officers to administer such
departments of State of the Commonwealth as the Governor-
General in Council may establish.
Such officers shall hold office during the pleasure of the Governor-
General. They shall be members of the Federal Executive Council,
and shall be the Queen’s Ministers of State for the Commonwealth.
Ministers to sit in Parliament
After the first general election no Minister of State shall hold office
for a longer period than three months unless he is or becomes a
senator or a member of the House of Representatives.
65. Number of Ministers
Until the Parliament otherwise provides, the Ministers of State shall
not exceed seven in number, and shall hold such offices as the
Parliament prescribes, or, in the absence of provision, as the
Governor-General directs.
66. Salaries of Ministers
There shall be payable to the Queen, out of the Consolidated
Revenue Fund of the Commonwealth, for the salaries of the
Ministers of State, an annual sum which, until the Parliament
25
otherwise provides, shall not exceed twelve thousand pounds a
year.
67. Appointment of civil servants
Until the Parliament otherwise provides, the appointment and
removal of all other officers of the Executive Government of the
Commonwealth shall be vested in the Governor-General in Council,
unless the appointment is delegated by the Governor-General in
Council or by a law of the Commonwealth to some other authority.
68. Command of naval and military forces
The command in chief of the naval and military forces of the
Commonwealth is vested in the Governor-General as the Queen’s
representative.
69. Transfer of certain departments
On a date or dates to be proclaimed by the Governor-General after
the establishment of the Commonwealth the following departments
of the public service in each State shall become transferred to the
Commonwealth:
posts, telegraphs, and telephones;
naval and military defence;
lighthouses, lightships, beacons, and buoys;
quarantine.
But the departments of customs and of excise in each State shall
become transferred to the Commonwealth on its establishment.
70. Certain powers of Governors to vest in Governor-General
In respect of matters which, under this Constitution, pass to the
Executive Government of the Commonwealth, all powers and
functions which at the establishment of the Commonwealth are
26
vested in the Governor of a Colony, or in the Governor of a Colony
with the advice of his Executive Council, or in any authority of a
Colony, shall vest in the Governor-General, or in the Governor-
General in Council, or in the authority exercising similar powers
under the Commonwealth, as the case requires.
Chapter III
The Judicature
71. Judicial power and Courts
The judicial power of the Commonwealth shall be vested in a
Federal Supreme Court, to be called the High Court of Australia, and
in such other federal courts as the Parliament creates, and in such
other courts as it invests with federal jurisdiction. The High Court
shall consist of a Chief Justice, and so many other Justices, not less
than two, as the Parliament prescribes.
72. Judges’ appointment, tenure, and remuneration
The Justices of the High Court and of the other courts created by
the Parliament:
(i) shall be appointed by the Governor-General in Council;
(ii) shall not be removed except by the Governor-General in
Council, on an address from both Houses of the Parliament in
the same session, praying for such removal on the ground of
proved misbehaviour or incapacity;
(iii) shall receive such remuneration as the Parliament may fix;
but the remuneration shall not be diminished during their
continuance in office.
The appointment of a Justice of the High Court shall be for a term
expiring upon his attaining the age of seventy years, and a person
shall not be appointed as a Justice of the High Court if he has
attained that age.
27
The appointment of a Justice of a court created by the Parliament
shall be for a term expiring upon his attaining the age that is, at the
time of his appointment, the maximum age for Justices of that court
and a person shall not be appointed as a Justice of such a court if
he has attained the age that is for the time being the maximum age
for Justices of that court.
Subject to this section, the maximum age for Justices of any court
created by the Parliament is seventy years.
The Parliament may make a law fixing an age that is less than
seventy years as the maximum age for Justices of a court created by
the Parliament and may at any time repeal or amend such a law, but
any such repeal or amendment does not affect the term of office of
a Justice under an appointment made before the repeal or
amendment.
A Justice of the High Court or of a court created by the Parliament
may resign his office by writing under his hand delivered to the
Governor-General.
Nothing in the provisions added to this section by the Constitution
Alteration (Retirement of Judges) 1977 affects the continuance of a
person in office as a Justice of a court under an appointment made
before the commencement of those provisions.
A reference in this section to the appointment of a Justice of the
High Court or of a court created by the Parliament shall be read as
including a reference to the appointment of a person who holds
office as a Justice of the High Court or of a court created by the
Parliament to another office of Justice of the same court having a
different status or designation.
73. Appellate jurisdiction of High Court
The High Court shall have jurisdiction, with such exceptions and
subject to such regulations as the Parliament prescribes, to hear
and determine appeals from all judgments, decrees, orders, and
sentences:
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(i) of any Justice or Justices exercising the original jurisdiction
of the High Court;
(ii) of any other federal court, or court exercising federal
jurisdiction; or of the Supreme Court of any State, or of any
other court of any State from which at the establishment of
the Commonwealth an appeal lies to the Queen in Council;
(iii) of the Inter-State Commission, but as to questions of law
only;
and the judgment of the High Court in all such cases shall be final
and conclusive.
But no exception or regulation prescribed by the Parliament shall
prevent the High Court from hearing and determining any appeal
from the Supreme Court of a State in any matter in which at the
establishment of the Commonwealth an appeal lies from such
Supreme Court to the Queen in Council.
Until the Parliament otherwise provides, the conditions of and
restrictions on appeals to the Queen in Council from the Supreme
Courts of the several States shall be applicable to appeals from
them to the High Court.
74. Appeal to Queen in Council [see Note 12]
No appeal shall be permitted to the Queen in Council from a
decision of the High Court upon any question, howsoever arising,
as to the limits inter se of the Constitutional powers of the
Commonwealth and those of any State or States, or as to the limits
inter se of the Constitutional powers of any two or more States,
unless the High Court shall certify that the question is one which
ought to be determined by Her Majesty in Council.
The High Court may so certify if satisfied that for any special reason
the certificate should be granted, and thereupon an appeal shall lie
to Her Majesty in Council on the question without further leave.
29
Except as provided in this section, this Constitution shall not impair
any right which the Queen may be pleased to exercise by virtue of
Her Royal prerogative to grant special leave of appeal from the High
Court to Her Majesty in Council. The Parliament may make laws
limiting the matters in which such leave may be asked, but
proposed laws containing any such limitation shall be reserved by
the Governor-General for Her Majesty’s pleasure.
75. Original jurisdiction of High Court
In all matters:
(i) arising under any treaty;
(ii) affecting consuls or other representatives of other
countries;
(iii) in which the Commonwealth, or a person suing or being
sued on behalf of the Commonwealth, is a party;
(iv) between States, or between residents of different States,
or between a State and a resident of another State;
(v) in which a writ of Mandamus or prohibition or an
injunction is sought against an officer of the Commonwealth;
the High Court shall have original jurisdiction.
76. Additional original jurisdiction
The Parliament may make laws conferring original jurisdiction on
the High Court in any matter:
(i) arising under this Constitution, or involving its
interpretation;
(ii) arising under any laws made by the Parliament;
(iii) of Admiralty and maritime jurisdiction;
30
(iv) relating to the same subject-matter claimed under the
laws of different States.
77. Power to define jurisdiction
With respect to any of the matters mentioned in the last two
sections the Parliament may make laws:
(i) defining the jurisdiction of any federal court other than the
High Court;
(ii) defining the extent to which the jurisdiction of any federal
court shall be exclusive of that which belongs to or is invested
in the courts of the States;
(iii) investing any court of a State with federal jurisdiction.
78. Proceedings against Commonwealth or State
The Parliament may make laws conferring rights to proceed against
the Commonwealth or a State in respect of matters within the limits
of the judicial power.
79. Number of judges
The federal jurisdiction of any court may be exercised by such
number of judges as the Parliament prescribes.
80. Trial by jury
The trial on indictment of any offence against any law of the
Commonwealth shall be by jury, and every such trial shall be held in
the State where the offence was committed, and if the offence was
not committed within any State the trial shall be held at such place
or places as the Parliament prescribes.
Chapter IV
Finance and Trade
81. Consolidated Revenue Fund
31
All revenues or moneys raised or received by the Executive
Government of the Commonwealth shall form one Consolidated
Revenue Fund, to be appropriated for the purposes of the
Commonwealth in the manner and subject to the charges and
liabilities imposed by this Constitution.
82. Expenditure charged thereon
The costs, charges, and expenses incident to the collection,
management, and receipt of the Consolidated Revenue Fund shall
form the first charge thereon; and the revenue of the
Commonwealth shall in the first instance be applied to the payment
of the expenditure of the Commonwealth.
83. Money to be appropriated by law
No money shall be drawn from the Treasury of the Commonwealth
except under appropriation made by law.
But until the expiration of one month after the first meeting of the
Parliament the Governor-General in Council may draw from the
Treasury and expend such moneys as may be necessary for the
maintenance of any department transferred to the Commonwealth
and for the holding of the first elections for the Parliament.
84. Transfer of officers
When any department of the public service of a State becomes
transferred to the Commonwealth, all officers of the department
shall become subject to the control of the Executive Government of
the Commonwealth.
Any such officer who is not retained in the service of the
Commonwealth shall, unless he is appointed to some other office of
equal emolument in the public service of the State, be entitled to
receive from the State any pension, gratuity, or other compensation,
payable under the law of the State on the abolition of his office.
32
Any such officer who is retained in the service of the
Commonwealth shall preserve all his existing and accruing rights,
and shall be entitled to retire from office at the time, and on the
pension or retiring allowance, which would be permitted by the law
of the State if his service with the Commonwealth were a
continuation of his service with the State. Such pension or retiring
allowance shall be paid to him by the Commonwealth; but the State
shall pay to the Commonwealth a part thereof, to be calculated on
the proportion which his term of service with the State bears to his
whole term of service, and for the purpose of the calculation his
salary shall be taken to be that paid to him by the State at the time
of the transfer.
Any officer who is, at the establishment of the Commonwealth, in
the public service of a State, and who is, by consent of the Governor
of the State with the advice of the Executive Council thereof,
transferred to the public service of the Commonwealth, shall have
the same rights as if he had been an officer of a department
transferred to the Commonwealth and were retained in the service
of the Commonwealth.
85. Transfer of property of State
When any department of the public service of a State is transferred
to the Commonwealth:
(i) all property of the State of any kind, used exclusively in
connexion with the department, shall become vested in the
Commonwealth; but, in the case of the departments
controlling customs and excise and bounties, for such time
only as the Governor-General in Council may declare to be
necessary;
(ii) the Commonwealth may acquire any property of the State,
of any kind used, but not exclusively used in connexion with
the department; the value thereof shall, if no agreement can
be made, be ascertained in, as nearly as may be, the manner
in which the value of land, or of an interest in land, taken by
the State for public purposes is ascertained under the law of
the State in force at the establishment of the Commonwealth;
33
(iii) the Commonwealth shall compensate the State for the
value of any property passing to the Commonwealth under
this section; if no agreement can be made as to the mode of
compensation, it shall be determined under laws to be made
by the Parliament;
(iv) the Commonwealth shall, at the date of the transfer,
assume the current obligations of the State in respect of the
department transferred.
86. [Customs, excise, and bounties] [see Note 13]
On the establishment of the Commonwealth, the collection and
control of duties of customs and of excise, and the control of the
payment of bounties, shall pass to the Executive Government of the
Commonwealth.
87. [Revenue from customs and excise duties] [see Note 13]
During a period of ten years after the establishment of the
Commonwealth and thereafter until the Parliament otherwise
provides, of the net revenue of the Commonwealth from duties of
customs and of excise not more than one-fourth shall be applied
annually by the Commonwealth towards its expenditure.
The balance shall, in accordance with this Constitution, be paid to
the several States, or applied towards the payment of interest on
debts of the several States taken over by the Commonwealth.
88. Uniform duties of customs
Uniform duties of customs shall be imposed within two years after
the establishment of the Commonwealth.
89. Payment to States before uniform duties
Until the imposition of uniform duties of customs:
34
(i) the Commonwealth shall credit to each State the revenues
collected therein by the Commonwealth;
(ii) the Commonwealth shall debit to each State:
(a) the expenditure therein of the Commonwealth
incurred solely for the maintenance or continuance, as
at the time of transfer, of any department transferred
from the State to the Commonwealth;
(b) the proportion of the State, according to the number
of its people, in the other expenditure of the
Commonwealth;
(iii) the Commonwealth shall pay to each State month by
month the balance (if any) in favour of the State.
90. Exclusive power over customs, excise, and bounties
On the imposition of uniform duties of customs the power of the
Parliament to impose duties of customs and of excise, and to grant
bounties on the production or export of goods, shall become
exclusive.
On the imposition of uniform duties of customs all laws of the
several States imposing duties of customs or of excise, or offering
bounties on the production or export of goods, shall cease to have
effect, but any grant of or agreement for any such bounty lawfully
made by or under the authority of the Government of any State shall
be taken to be good if made before the thirtieth day of June, one
thousand eight hundred and ninety-eight, and not otherwise.
91. Exceptions as to bounties
Nothing in this Constitution prohibits a State from granting any aid
to or bounty on mining for gold, silver, or other metals, nor from
granting, with the consent of both Houses of the Parliament of the
Commonwealth expressed by resolution, any aid to or bounty on
the production or export of goods.
35
92. Trade within the Commonwealth to be free
On the imposition of uniform duties of customs, trade, commerce,
and intercourse among the States, whether by means of internal
carriage or ocean navigation, shall be absolutely free.
But notwithstanding anything in this Constitution, goods imported
before the imposition of uniform duties of customs into any State,
or into any Colony which, whilst the goods remain therein, becomes
a State, shall, on thence passing into another State within two years
after the imposition of such duties, be liable to any duty chargeable
on the importation of such goods into the Commonwealth, less any
duty paid in respect of the goods on their importation.
93. Payment to States for five years after uniform tariffs
During the first five years after the imposition of uniform duties of
customs, and thereafter until the Parliament otherwise provides:
(i) the duties of customs chargeable on goods imported into a
State and afterwards passing into another State for
consumption, and the duties of excise paid on goods
produced or manufactured in a State and afterwards passing
into another State for consumption, shall be taken to have
been collected not in the former but in the latter State;
(ii) subject to the last subsection, the Commonwealth shall
credit revenue, debit expenditure, and pay balances to the
several States as prescribed for the period preceding the
imposition of uniform duties of customs.
94. Distribution of surplus
After five years from the imposition of uniform duties of customs,
the Parliament may provide, on such basis as it deems fair, for the
monthly payment to the several States of all surplus revenue of the
Commonwealth.
95. Customs duties of Western Australia
36
Notwithstanding anything in this Constitution, the Parliament of the
State of Western Australia, if that State be an Original State, may,
during the first five years after the imposition of uniform duties of
customs, impose duties of customs on goods passing into that
State and not originally imported from beyond the limits of the
Commonwealth; and such duties shall be collected by the
Commonwealth.
But any duty so imposed on any goods shall not exceed during the
first of such years the duty chargeable on the goods under the law
of Western Australia in force at the imposition of uniform duties,
and shall not exceed during the second, third, fourth, and fifth of
such years respectively, four-fifths, three-fifths, two-fifths, and
one-fifth of such latter duty, and all duties imposed under this
section shall cease at the expiration of the fifth year after the
imposition of uniform duties.
If at any time during the five years the duty on any goods under this
section is higher than the duty imposed by the Commonwealth on
the importation of the like goods, then such higher duty shall be
collected on the goods when imported into Western Australia from
beyond the limits of the Commonwealth.
96. Financial assistance to States
During a period of ten years after the establishment of the
Commonwealth and thereafter until the Parliament otherwise
provides, the Parliament may grant financial assistance to any State
on such terms and conditions as the Parliament thinks fit.
97. Audit
Until the Parliament otherwise provides, the laws in force in any
Colony which has become or becomes a State with respect to the
receipt of revenue and the expenditure of money on account of the
Government of the Colony, and the review and audit of such receipt
and expenditure, shall apply to the receipt of revenue and the
expenditure of money on account of the Commonwealth in the
State in the same manner as if the Commonwealth, or the
Government or an officer of the Commonwealth, were mentioned
37
whenever the Colony, or the Government or an officer of the
Colony, is mentioned.
98. Trade and commerce includes navigation and State railways
The power of the Parliament to make laws with respect to trade and
commerce extends to navigation and shipping, and to railways the
property of any State.
99. Commonwealth not to give preference
The Commonwealth shall not, by any law or regulation of trade,
commerce, or revenue, give preference to one State or any part
thereof over another State or any part thereof.
100. Nor abridge right to use water
The Commonwealth shall not, by any law or regulation of trade or
commerce, abridge the right of a State or of the residents therein to
the reasonable use of the waters of rivers for conservation or
irrigation.
101. Inter-State Commission
There shall be an Inter-State Commission, with such powers of
adjudication and administration as the Parliament deems necessary
for the execution and maintenance, within the Commonwealth, of
the provisions of this Constitution relating to trade and commerce,
and of all laws made thereunder.
102. Parliament may forbid preferences by State
The Parliament may by any law with respect to trade or commerce
forbid, as to railways, any preference or discrimination by any State,
or by any authority constituted under a State, if such preference or
discrimination is undue and unreasonable, or unjust to any State;
due regard being had to the financial responsibilities incurred by
any State in connexion with the construction and maintenance of its
railways. But no preference or discrimination shall, within the
meaning of this section, be taken to be undue and unreasonable, or
38
unjust to any State, unless so adjudged by the Inter-State
Commission.
103. Commissioners’ appointment, tenure, and remuneration
The members of the Inter-State Commission:
(i) shall be appointed by the Governor-General in Council;
(ii) shall hold office for seven years, but may be removed
within that time by the Governor-General in Council, on an
address from both Houses of the Parliament in the same
session praying for such removal on the ground of proved
misbehaviour or incapacity;
(iii) shall receive such remuneration as the Parliament may fix;
but such remuneration shall not be diminished during their
continuance in office.
104. Saving of certain rates
Nothing in this Constitution shall render unlawful any rate for the
carriage of goods upon a railway, the property of a State, if the rate
is deemed by the Inter-State Commission to be necessary for the
development of the territory of the State, and if the rate applies
equally to goods within the State and to goods passing into the
State from other States.
105. Taking over public debts of States
The Parliament may take over from the States their public debts, or
a proportion thereof according to the respective numbers of their
people as shown by the latest statistics of the Commonwealth, and
may convert, renew, or consolidate such debts, or any part thereof;
and the States shall indemnify the Commonwealth in respect of the
debts taken over, and thereafter the interest payable in respect of
the debts shall be deducted and retained from the portions of the
surplus revenue of the Commonwealth payable to the several
States, or if such surplus is insufficient, or if there is no surplus,
39
then the deficiency or the whole amount shall be paid by the several
States.
105A. Agreements with respect to State debts
(1) The Commonwealth may make agreements with the States
with respect to the public debts of the States, including:
(a) the taking over of such debts by the Commonwealth;
(b) the management of such debts;
(c) the payment of interest and the provision and
management of sinking funds in respect of such debts;
(d) the consolidation, renewal, conversion, and
redemption of such debts;
(e) the indemnification of the Commonwealth by the
States in respect of debts taken over by the
Commonwealth; and
(f) the borrowing of money by the States or by the
Commonwealth, or by the Commonwealth for the States.
(2) The Parliament may make laws for validating any such
agreement made before the commencement of this section.
(3) The Parliament may make laws for the carrying out by the
parties thereto of any such agreement.
(4) Any such agreement may be varied or rescinded by the
parties thereto.
(5) Every such agreement and any such variation thereof shall
be binding upon the Commonwealth and the States parties
thereto notwithstanding anything contained in this
Constitution or the Constitution of the several States or in any
law of the Parliament of the Commonwealth or of any State.
40
(6) The powers conferred by this section shall not be
construed as being limited in any way by the provisions of
section one hundred and five of this Constitution.
Chapter V
The States
106. Saving of Constitutions
The Constitution of each State of the Commonwealth shall, subject
to this Constitution, continue as at the establishment of the
Commonwealth, or as at the admission or establishment of the
State, as the case may be, until altered in accordance with the
Constitution of the State.
107. Saving of Power of State Parliaments
Every power of the Parliament of a Colony which has become or
becomes a State, shall, unless it is by this Constitution exclusively
vested in the Parliament of the Commonwealth or withdrawn from
the Parliament of the State, continue as at the establishment of the
Commonwealth, or as at the admission or establishment of the
State, as the case may be.
108. Saving of State laws
Every law in force in a Colony which has become or becomes a
State, and relating to any matter within the powers of the
Parliament of the Commonwealth, shall, subject to this
Constitution, continue in force in the State; and, until provision is
made in that behalf by the Parliament of the Commonwealth, the
Parliament of the State shall have such powers of alteration and of
repeal in respect of any such law as the Parliament of the Colony
had until the Colony became a State.
109. Inconsistency of laws
When a law of a State is inconsistent with a law of the
Commonwealth, the latter shall prevail, and the former shall, to the
extent of the inconsistency, be invalid.
41
110. Provisions referring to Governor
The provisions of this Constitution relating to the Governor of a
State extend and apply to the Governor for the time being of the
State, or other chief executive officer or administrator of the
government of the State.
111. States may surrender territory
The Parliament of a State may surrender any part of the State to the
Commonwealth; and upon such surrender, and the acceptance
thereof by the Commonwealth, such part of the State shall become
subject to the exclusive jurisdiction of the Commonwealth.
112. States may levy charges for inspection laws
After uniform duties of customs have been imposed, a State may
levy on imports or exports, or on goods passing into or out of the
State, such charges as may be necessary for executing the
inspection laws of the State; but the net produce of all charges so
levied shall be for the use of the Commonwealth; and any such
inspection laws may be annulled by the Parliament of the
Commonwealth.
113. Intoxicating liquids
All fermented, distilled, or other intoxicating liquids passing into
any State or remaining therein for use, consumption, sale, or
storage, shall be subject to the laws of the State as if such liquids
had been produced in the State.
114. States may not raise forces. Taxation of property of
Commonwealth or State
A State shall not, without the consent of the Parliament of the
Commonwealth, raise or maintain any naval or military force, or
impose any tax on property of any kind belonging to the
Commonwealth, nor shall the Commonwealth impose any tax on
property of any kind belonging to a State.
42
115. States not to coin money
A State shall not coin money, nor make anything but gold and silver
coin a legal tender in payment of debts.
116. Commonwealth not to legislate in respect of religion
The Commonwealth shall not make any law for establishing any
religion, or for imposing any religious observance, or for
prohibiting the free exercise of any religion, and no religious test
shall be required as a qualification for any office or public trust
under the Commonwealth.
117. Rights of residents in States
A subject of the Queen, resident in any State, shall not be subject in
any other State to any disability or discrimination which would not
be equally applicable to him if he were a subject of the Queen
resident in such other State.
118. Recognition of laws etc. of States
Full faith and credit shall be given, throughout the Commonwealth
to the laws, the public Acts and records, and the judicial
proceedings of every State.
119. Protection of States from invasion and violence
The Commonwealth shall protect every State against invasion and,
on the application of the Executive Government of the State, against
domestic violence.
120. Custody of offenders against laws of the Commonwealth
Every State shall make provision for the detention in its prisons of
persons accused or convicted of offences against the laws of the
Commonwealth, and for the punishment of persons convicted of
such offences, and the Parliament of the Commonwealth may make
laws to give effect to this provision.
43
Chapter VI
New States
121. New States may be admitted or established
The Parliament may admit to the Commonwealth or establish new
States, and may upon such admission or establishment make or
impose such terms and conditions, including the extent of
representation in either House of the Parliament, as it thinks fit.
122. Government of territories
The Parliament may make laws for the government of any territory
surrendered by any State to and accepted by the Commonwealth, or
of any territory placed by the Queen under the authority of and
accepted by the Commonwealth, or otherwise acquired by the
Commonwealth, and may allow the representation of such territory
in either House of the Parliament to the extent and on the terms
which it thinks fit.
123. Alteration of limits of States
The Parliament of the Commonwealth may, with the consent of the
Parliament of a State, and the approval of the majority of the
electors of the State voting upon the question, increase, diminish,
or otherwise alter the limits of the State, upon such terms and
conditions as may be agreed on, and may, with the like consent,
make provision respecting the effect and operation of any increase
or diminution or alteration of territory in relation to any State
affected.
124. Formation of new States
A new State may be formed by separation of territory from a State,
but only with the consent of the Parliament thereof, and a new State
may be formed by the union of two or more States or parts of
States, but only with the consent of the Parliaments of the States
affected.
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Chapter VII
Miscellaneous
125. Seat of Government
The seat of Government of the Commonwealth shall be determined
by the Parliament, and shall be within territory which shall have
been granted to or acquired by the Commonwealth, and shall be
vested in and belong to the Commonwealth, and shall be in the
State of New South Wales, and be distant not less than one hundred
miles from Sydney.
Such territory shall contain an area of not less than one hundred
square miles, and such portion thereof as shall consist of Crown
lands shall be granted to the Commonwealth without any payment
therefor.
The Parliament shall sit at Melbourne until it meet at the seat of
Government.
126. Power to Her Majesty to authorise Governor-General to
appoint deputies [see Note 14]
The Queen may authorise the Governor-General to appoint any
person, or any persons jointly or severally, to be his deputy or
deputies within any part of the Commonwealth, and in that capacity
to exercise during the pleasure of the Governor-General such
powers and functions of the Governor-General as he thinks fit to
assign to such deputy or deputies, subject to any limitations
expressed or directions given by the Queen; but the appointment of
such deputy or deputies shall not affect the exercise by the
Governor-General himself of any power or function.
Chapter VIII
Alteration of the Constitution
128. Mode of altering the Constitution [see Note 1]
This Constitution shall not be altered except in the following
manner:
45
The proposed law for the alteration thereof must be passed by an
absolute majority of each House of the Parliament, and not less
than two nor more than six months after its passage through both
Houses the proposed law shall be submitted in each State and
Territory to the electors qualified to vote for the election of
members of the House of Representatives.
But if either House passes any such proposed law by an absolute
majority, and the other House rejects or fails to pass it, or passes it
with any amendment to which the first-mentioned House will not
agree, and if after an interval of three months the first-mentioned
House in the same or the next session again passes the proposed
law by an absolute majority with or without any amendment which
has been made or agreed to by the other House, and such other
House rejects or fails to pass it or passes it with any amendment to
which the first-mentioned House will not agree, the Governor-
General may submit the proposed law as last proposed by the firstmentioned
House, and either with or without any amendments
subsequently agreed to by both Houses, to the electors in each
State and Territory qualified to vote for the election of the House of
Representatives.
When a proposed law is submitted to the electors the vote shall be
taken in such manner as the Parliament prescribes. But until the
qualification of electors of members of the House of
Representatives becomes uniform throughout the Commonwealth,
only one-half the electors voting for and against the proposed law
shall be counted in any State in which adult suffrage prevails.
And if in a majority of the States a majority of the electors voting
approve the proposed law, and if a majority of all the electors
voting also approve the proposed law, it shall be presented to the
Governor-General for the Queen’s assent.
No alteration diminishing the proportionate representation of any
State in either House of the Parliament, or the minimum number of
representatives of a State in the House of Representatives, or
increasing, diminishing, or otherwise altering the limits of the State,
or in any manner affecting the provisions of the Constitution in
46
relation thereto, shall become law unless the majority of the
electors voting in that State approve the proposed law.
In this section, Territory means any territory referred to in section
one hundred and twenty-two of this Constitution in respect of
which there is in force a law allowing its representation in the
House of Representatives.
Schedule
Oath
I, A.B., do swear that I will be faithful and bear true allegiance to
Her Majesty Queen Victoria, Her heirs and successors according to
law. SO HELP ME GOD!
Affirmation
I, A.B., do solemnly and sincerely affirm and declare that I will be
faithful and bear true allegiance to Her Majesty Queen Victoria, Her
heirs and successors according to law.
(NOTE: The name of the King or Queen of the United Kingdom of
Great Britain and Ireland for the time being is to be substituted
from time to time.)
Notes to the Commonwealth of Australia Constitution Act
Note 1
The Commonwealth of Australia Constitution Act (the Constitution)
as shown in this compilation comprises the Constitution amended
as indicated in the Tables below.
Table of Acts
Act Number
and year
Date of
Assent
Constitution Alteration (Senate Elections) 1, 1907 3 Apr 1907
47
1906
Constitution Alteration (State Debts)
1909
3, 1910 6 Aug 1910
Constitution Alteration (State Debts)
1928
1, 1929 13 Feb 1929
Constitution Alteration (Social Services)
1946
81, 1946 19 Dec 1946
Constitution Alteration (Aboriginals)
1967
55, 1967 10 Aug 1967
Constitution Alteration (Senate Casual
Vacancies) 1977
82, 1977 29 July 1977
Constitution Alteration (Retirement of
Judges) 1977
83, 1977 29 July 1977
Constitution Alteration (Referendums)
1977
84, 1977 29 July 1977
Table of Amendments
ad. = added or inserted
am. = amended
rep. = repealed
rs. = repealed and substituted
Provision affected How affected
S. 13………………………………….. am. No. 1, 1907
S. 15………………………………….. rs. No. 82, 1977
S. 51………………………………….. am. No. 81, 1946; No. 55, 1967
S. 72………………………………….. am. No. 83, 1977
48
S. 105………………………………… am. No. 3, 1910
S. 105A………………………………. ad. No. 1, 1929
S. 127………………………………… rep. No. 55, 1967
S. 128………………………………… am. No. 84, 1977
Note 2
Covering Clause 3-The Proclamation under covering clause 3 was
made on 17 September 1900 and published in Gazette 1901.
Note 3
Covering Clause 5-see also the Statute of Westminster Adoption
Act 1942.
Note 4
Covering Clause 7-The following Acts have repealed Acts passed
by the Federal Council of Australasia:
Defence Act 1903 (No. 20, 1903), s. 6
Pearl Fisheries Act 1952 (No. 8, 1952), s. 3 (Pearl Fisheries Act
1952 repealed by Continental Shelf (Living Natural Resources)
Act 1968, s. 3)
Service and Execution of Process Act 1901 (No. 11, 1901), s. 2
(subsequently repealed by Service and Execution of Process
Act 1963, s. 3).
Note 5
Section 7-The number of senators for each State was increased to
12 by the Representation Act 1983, s. 3.
Note 6
49
Section 9-The following State Acts have been passed in pursuance
of the powers conferred by s. 9:
State Number Short title How affected
New South
Wales
No. 73,
1900
Federal Elections Act
1900
Ss. 2, 3, 4, 5 and
6 and the
Schedule
repealed by No.
9, 1903; wholly
repealed by No.
41, 1912
No. 9,
1903
Senators’ Elections Act
1903
(still in force)
Victoria No. 1715 Federal Elections Act
1900
Repealed by No.
1860
No. 1860 Senate Elections
(Times and Places) Act
1903
Repealed by No.
2723
No. 2399 Senate Elections
(Times and Places) Act
1912
Repealed by No.
2723
No. 2723 Senate Elections
(Times and Places) Act
1915
Repealed by No.
3769
No. 3769 Senate Elections
(Times and Places) Act
1928
Repealed by No.
6365
No. 6365 Senate Elections Act
1958
(still in force)
Queensland 64 Vic. No.
25
The Parliament of the
Commonwealth
Operation
Exhausted
50
Elections Act and the
Elections Acts 1885 to
1898 Amendment Act
of 1900
3 Edw. VII.
No. 6
The Election of
Senators Act of 1903
Repealed by 9
Eliz. II. No. 20
9 Eliz. II.
No. 20
The Senate Elections
Act of 1960
(still in force)
South
Australia
No. 834 The Election of
Senators Act 1903
(still in force)
Western
Australia
No. 11,
1903
Election of Senators
Act 1903
(still in force)
Tasmania 64 Vic. No.
59
The Federal Elections
Act 1900
Repealed by 26
Geo. V. No. 3
3 Edw. VII.
No. 5
The Election of
Senators Act 1903
Repealed by 26
Geo. V. No. 3
26 Geo. V.
No. 3
Senate Elections Act
1935
(still in force)
Note 7
Section 14-For the provisions applicable upon the increase in the
number of senators to 12 made by the Representation Act 1983,
see s. 3 of that Act.
Note 8
Section 15-The proposed law to alter the Constitution entitled
“Constitution Alteration (Simultaneous Elections) 1977” was
submitted to the electors in each State of the Commonwealth on 21
May 1977: it was not approved by a majority of all the electors
voting in a majority of the States. See Gazette 1977, No. S100.
51
Note 9
Section 29-The following State Acts were passed in pursuance of
the powers conferred by s. 29, but ceased to be in force upon the
enactment of the Commonwealth Electoral Act 1902:
State Number Short title
New South Wales No. 73, 1900 Federal Elections Act 1900
Victoria No. 1667 Federal House of
Representatives Victorian
Electorates Act 1900
Queensland 64 Vic. No. 25 The Parliament of the
Commonwealth Elections Act
and The Elections Acts 1885 to
1898 Amendment Act of 1900
Western Australia 64 Vic. No. 6 Federal House of
Representatives Western
Australian Electorates Act 1900
Note 10
Section 51-The following Imperial Acts extended the legislative
powers of the Parliament:
Whaling Industry (Regulations) Act 1934, s. 15
Geneva Convention Act, 1937, s. 2
Emergency Powers (Defence) Act 1939, s. 5
Army and Air Force (Annual) Act 1940, s. 3.
Note 11
52
Section 51 (xxxvii)-The following Acts have been passed by the
Parliaments of the States to refer matters to the Parliament under
section 51 (xxxvii):
State Number Short title How affected
New South
Wales
No. 65,
1915
Commonwealth Powers
(War) Act 1915
Expired 9 Jan
1921; see s. 5
No. 33,
1942
Commonwealth Powers
Act 1942
Expired; see s. 4
No. 18,
1943
Commonwealth Powers
Act 1943
Expired; see s. 4
No. 48,
1983
Commonwealth Powers
(Meat Inspection) Act
1983
(still in force)
No. 182,
1986
Commonwealth Powers
(Family Law-Children)
Act 1986
(still in force)
No. 61,
1992
Mutual Recognition
(New South Wales) Act
1992
(still in force)
No. 104,
1992
Commonwealth Powers
(State Banking) Act
1992
(still in force)
No. 100,
1993
Commonwealth Powers
(Poultry Processing) Act
1993
(still in force)
No. 1,
2001
Corporations
(Commonwealth
Powers) Act 2001
(still in force)
No. 114, Terrorism (still in force)
53
2002 (Commonwealth
Powers) Act 2002
Victoria No. 3108 Commonwealth Powers
(Air Navigation) Act
1920
Repealed by No.
4502
No. 3658 Commonwealth
Arrangements Act 1928
(Part III)
Part III Repealed
by No. 4502:
Parts I & II
Repealed by No.
6223
No. 4009 Debt Conversion
Agreement Act 1931
(No. 2)
(still in force)
No. 4950 Commonwealth Powers
Act 1943
Not proclaimed
to come into
operation and
cannot now be
so proclaimed
No. 92,
1986
Commonwealth Powers
(Family Law-Children)
Act 1986
(still in force)
No. 2,
1993
Mutual Recognition
(Victoria) Act 1993
(still in force)
No. 59,
1996
Commonwealth Powers
(Industrial Relations)
Act 1996
(still in force)
No. 6,
2001
Corporations
(Commonwealth
Powers) Act 2001
(still in force)
No. 14,
2003
Terrorism
(Commonwealth
(still in force)
54
Powers) Act 2003
Queensland 12 Geo.
V. No. 30
The Commonwealth
Powers (Air Navigation)
Act 1921
Repealed by 1
Geo. VI. No. 8
22 Geo.
V. No. 30
The Commonwealth
Legislative Power Act
1931
Repealed by No.
46, 1983
7 Geo. VI.
No. 19
Commonwealth Powers
Act 1943
Expired; see s. 4
14 Geo.
VI. No. 2
The Commonwealth
Powers (Air Transport)
Act 1950
(still in force)
No. 37,
1990
Commonwealth Powers
(Family Law-Children)
Act 1990
(still in force)
No. 67,
1992
Mutual Recognition
(Queensland) Act 1992
(still in force)
No. 43,
2001
Corporations
(Commonwealth
Powers) Act 2001
(still in force)
No. 79,
2002
Terrorism
(Commonwealth
Powers) Act 2002
(still in force)
South
Australia
No. 1469,
1921
Commonwealth Powers
(Air Navigation) Act
1921
Repealed by No.
2352, 1937
No. 2061,
1931
Commonwealth
Legislative Power Act
1931
(still in force)
55
No. 3,
1943
Commonwealth Powers
Act 1943
Expired; see s. 5
No. 89,
1986
Commonwealth Powers
(Family Law) Act 1986
(still in force)
No. 72,
1993
Mutual Recognition
(South Australia) Act
1993
(still in force)
No. 21,
2001
Corporations
(Commonwealth
Powers) Act 2001
(still in force)
No. 50,
2002
Terrorism
(Commonwealth
Powers) Act 2002
(still in force)
Western
Australia
No. 4,
1943
Commonwealth Powers
Act 1943
Repealed by No.
58, 1965
No. 57,
1945
Commonwealth Powers
Act 1945
Repealed by No.
58, 1965
No. 30,
1947
Commonwealth Powers
Act 1943, Amendment
Act 1947
Repealed by No.
58, 1965
No. 31,
1947
Commonwealth Powers
Act 1945, Amendment
Act 1947
Repealed by No.
58, 1965
No. 73,
1947
Commonwealth Powers
Act 1945, Amendment
Act (No. 2), 1947
Repealed by No.
58, 1965
No. 81,
1947
Commonwealth Powers
Act 1945-1947,
Amendment
(Continuance) Act 1947
Repealed by No.
58, 1965
56
No. 53,
1995
Mutual Recognition
(Western Australia) Act
1995
(still in force)
No. 7,
2001
Corporations
(Commonwealth
Powers) Act 2001
(still in force)
No. 53,
2002
Terrorism
(Commonwealth
Powers) Act 2002
(still in force)
Tasmania 11 Geo.
V. No. 42
Commonwealth Powers
(Air Navigation) Act
1920
Repealed by 1
Geo. VI. No. 14
No. 46,
1952
Commonwealth Powers
(Air Transport) Act
1952
(still in force)
No. 62,
1966
Commonwealth Powers
(Trade Practices) Act
1966
Expired; see s. 2
No. 5,
1987
Commonwealth Powers
(Family Law) Act 1987
(still in force)
No. 33,
1993
Mutual Recognition
(Tasmania) Act 1993
(still in force)
No. 20,
1994
Commonwealth Powers
(Family Law)
Amendment Act 1994
(still in force)
No. 39,
2001
Corporations
(Commonwealth
Powers) Act 2001
(still in force)
No. 68, Terrorism (still in force)
57
2002 (Commonwealth
Powers) Act 2002
Note 12
Section 74-See Privy Council (Limitation of Appeals) Act 1968,
Privy Council (Appeals from the High Court) Act 1975 and Kirmani v
Captain Cook Cruises Pty. Ltd [No. 2] (1985) 159 CLR 461.
Note 13
Sections 86 and 87-the headings for these sections have been
added for compilation purposes.
Note 14
S. 126-See clause IV of the Letters Patent relating to the Office of
Governor-General, published in Gazette 1984, S334.
STATUTE OF WESTMINSTER ADOPTION ACT 1942
An Act to remove Doubts as to the Validity of certain
Commonwealth Legislation, to obviate Delays occurring in its
Passage, and to effect certain related purposes, by adopting certain
Sections of the Statute of Westminster, 1931, as from the
Commencement of the War between His Majesty the King and
Germany.
Preamble
WHEREAS certain legal difficulties exist which have
created doubts and caused delays in relation to certain
Commonwealth legislation, and to certain regulations
made thereunder, particularly in relation to the
legislation enacted, and regulations made, for securing
58
the public safety and defence of the Commonwealth of
Australia, and for the more effectual prosecution of the
war in which His Majesty the King is engaged:
AND WHEREAS those legal difficulties will be removed by
the adoption by the Parliament of the Commonwealth of
Australia of sections two, three, four, five and six of the
Statute of Westminster, 1931, and by making such
adoption have effect as from the commencement of the
war between His Majesty the King and Germany:
BE it therefore enacted by the King’s Most Excellent
Majesty, the Senate, and the House of Representatives of
the Commonwealth of Australia, as follows:
Short title
1. This Act may be cited as the Statute of Westminster Adoption Act
1942.1
Commencement
2. This Act shall come into operation on the day on which it
receives the Royal Assent.1
Adoption of Statute of Westminster, 1931
3. Sections two, three, four, five and six of the Imperial Act entitled
the Statute of Westminster, 1931 (which Act is set out in the
Schedule to this Act) are adopted and the adoption shall have effect
from the third day of September, One thousand nine hundred and
thirty-nine.
The Schedule
Statute of Westminster, 1931
An Act to give effect to certain resolutions passed by Imperial
Conferences held in the years 1926 and 1930.
(11th December 1931.)
WHEREAS the delegates of His Majesty’s Governments in
the United Kingdom, the Dominion of Canada, the
Commonwealth of Australia, the Dominion of New
Zealand, the Union of South Africa, the Irish Free State
and Newfoundland, at Imperial Conferences holden at
Westminster in the years of our Lord nineteen hundred
and twenty-six and nineteen hundred and thirty did
concur in making the declarations and resolutions set
forth in the Reports of the said Conferences:
AND WHEREAS it is meet and proper to set out by way of
preamble to this Act that, inasmuch as the Crown is the
symbol of the free association of the members of the
British Commonwealth of Nations, and as they are
united by a common allegiance to the Crown, it would
be in accord with the established constitutional position
of all the members of the Commonwealth in relation to
one another that any alteration in the law touching the
Succession to the Throne or the Royal Style and Titles
shall hereafter require the assent as well of the
Parliaments of all the Dominions as of the Parliament of
the United Kingdom:
AND WHEREAS it is in accord with the established
constitutional position that no law hereafter made by the
Parliament of the United Kingdom shall extend to any of
the said Dominions as part of the law of that Dominion
otherwise than at the request and with the consent of
that Dominion:
AND WHEREAS it is necessary for the ratifying,
confirming and establishing of certain of the said
declarations and resolutions of the said Conferences
that a law be made and enacted in due form by authority
of the Parliament of the United Kingdom:
60
AND WHEREAS the Dominion of Canada, the
Commonwealth of Australia, the Dominion of New
Zealand, the Union of South Africa, the Irish Free State
and Newfoundland have severally requested and
consented to the submission of a measure to the
Parliament of the United Kingdom for making such
provision with regard to the matters aforesaid as is
hereafter in this Act contained:
NOW, THEREFORE, be it enacted by the King’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: –
Meaning of “Dominion” in this Act
1. In this Act the expression “Dominion” means any of the following
Dominions, that is to say, the Dominion of Canada, the
Commonwealth of Australia, the Dominion of New Zealand, the
Union of South Africa, the Irish Free State and Newfoundland.
Validity of laws made by Parliament of a Dominion
28 and 29 Vict. c. 63
2. (1) The Colonial Laws Validity Act, 1865, shall not apply to any
law made after the commencement of this Act by the Parliament of
a Dominion.
(2) No law and no provision of any law made after the
commencement of this Act by the Parliament of a Dominion
shall be void or inoperative on the ground that it is repugnant
to the law of England, or to the provisions of any existing or
future Act of Parliament of the United Kingdom, or to any
order, rule or regulation made under any such Act, and the
powers of the Parliament of a Dominion shall include the
power to repeal or amend any such Act, order, rule or
regulation in so far as the same is part of the law of the
Dominion.
61
Power of Parliament of Dominion to legislate extra-territorially
3. It is hereby declared and enacted that the Parliament of a
Dominion has full power
to make laws having extra-territorial operation.
Parliament of United Kingdom not to legislate for Dominion
except by consent
4.2
Powers of Dominion Parliaments in relation to merchant
shipping
57 and 58 Vict. c. 60
5. Without prejudice to the generality of the foregoing provisions of
this Act, sections seven hundred and thirty-five and seven hundred
and thirty-six of the Merchant Shipping Act, 1894, shall be
construed as though reference therein to the Legislature of a British
possession did not include reference to the Parliament of a
Dominion.
Powers of Dominion Parliaments in relation to Courts of
Admiralty
53 and 54 Vict. c. 27
6. Without prejudice to the generality of the foregoing provisions of
this Act, section four of the Colonial Courts of Admiralty Act, 1890
(which requires certain laws to be reserved for the signification of
His Majesty’s pleasure or to contain a suspending clause), and so
much of section seven of that Act as requires the approval of His
Majesty in Council to any rules of Court for regulating the practice
and procedure of a Colonial Court of Admiralty, shall cease to have
effect in any Dominion as from the commencement of this Act.
Saving for British North America Acts and application of the Act
to Canada
62
7. (1) Nothing in this Act shall be deemed to apply to the repeal,
amendment or alteration of the British North America Acts, 1867 to
1930, or any order, rule or regulation made thereunder.
(2) The provisions of section two of this Act shall extend to
laws made by any of the Provinces of Canada and to the
powers of the legislatures of such Provinces.
(3) The powers conferred by this Act upon the Parliament of
Canada or upon the legislatures of the Provinces shall be
restricted to the enactment of laws in relation to matters
within the competence of the Parliament of Canada, or of any
of the legislatures of the Provinces respectively.
Saving for Constitution Acts of Australia and New Zealand
8. Nothing in this Act shall be deemed to confer any power to
repeal or alter the Constitution or the Constitution Act of the
Commonwealth of Australia or the Constitution Act of the Dominion
of New Zealand otherwise than in accordance with the law existing
before the commencement of this Act.
Saving with respect to States of Australia
9.2 (1) Nothing in this Act shall be deemed to authorize the
Parliament of the Commonwealth of Australia to make laws on any
matter within the authority of the States of Australia, not being a
matter within the authority of the Parliament or Government of the
Commonwealth of Australia.
Certain sections of Act not to apply to Australia, New Zealand or
Newfoundland unless adopted
10.2 (1) None of the following sections of this Act, that is to say,
sections two, three, four, five and six, shall extend to a Dominion to
which this section applies as part of the law of that Dominion
unless that section is adopted by the Parliament of the Dominion,
and any Act of that Parliament adopting any section of this Act may
provide that the adoption shall have effect either from the
commencement of this Act or from such later date as is specified in
the adopting Act.
(3) The Dominions to which this section applies are the
Commonwealth of Australia, the Dominion of New Zealand
and Newfoundland.
Meaning of “Colony” in future Acts
52 and 53 Vict. c. 63
11. Notwithstanding anything in the Interpretation Act, 1889, the
expression “Colony” shall not, in any Act of the Parliament of the
United Kingdom passed after the commencement of this Act,
include a Dominion or any Province or State forming part of a
Dominion.
Short title
12. This Act may be cited as the Statute of Westminster, 1931.
Notes
1. Act No. 56, 1942; assented to 9 October 1942.
2. Sections 4, 9(2) and (3) and 10(2) of the Statute of Westminster
1931, in so far as they were part of the law of the Commonwealth,
of a State or of a Territory, have been repealed by section 12 of the
Australia Act 1986. The Parliament of the Commonwealth of
Australia has on three occasions passed Acts requesting and
consenting to the enactment by the Parliament of the United
Kingdom of Acts extending to Australia. The Acts of the Parliaments
of the Commonwealth and of the United Kingdom, respectively, are
as follows:
Australia United Kingdom
Australia (Request and Consent) Act
1985
Australia Act, 1986
Christmas Island (Request and Consent)
Act 1957
Christmas Island Act, 1958
Constitutional Text: Australia 1900, Amended 1927
Conclusion
Notes
See Also
References and Further Reading
About the Author/s and Reviewer/s
Author: international
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