Adopted in: ۱۹۰۰
In Force Since: ۱ Jan ۱۹۰۱
The Constitution was adopted as a schedule to the Commonwealth of Australia
Constitution Act٫ ۶۳ & ۶۴ Vict Chapter ۱۲ of the year ۱۹۰۰. Editorial
help has kindly been provided by Kathryn Graham }
Chapter I The Parliament
Part I General
Section ۱ [Federal Parliament]
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."
Section ۲ [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.
Section ۳ [Governmental Remuneration]
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.
Section ۴ [Other Offices]
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.
Section ۵ [Convening Parliament]
(۱) 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.
(۲) 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.
(۳) The Parliament shall by summoned to meet not later than six months
after the establishment of the Commonwealth.
Section ۶ [Minimal Sessions]
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
Section ۷ [Senators]
(۱) 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.
(۲) 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.
(۳) 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.
(۴) 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.
Section ۸ [Electors of Senators]
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.
Section ۹ [Electoral Method]
(۱) 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.
(۲) The Parliament of a State may make laws for determining the times and
places of elections of senators for the State.
Section ۱۰ [State Methods]
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.
Section ۱۱ [Electoral Failure]
The Senate may proceed to the despatch of business٫ notwithstanding the failure
of any State to provide for its representation in the Senate.
Section ۱۲ [Dissolution]
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.
Section ۱۳ [Term]
(۱) 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 yearst and the places of those of the
second class at the expiration of six yearst٫ 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.
(۲) The election to fill vacant places shall be made within one year before
the places are to become vacant.
(۳) 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.
Section ۱۴ [Adaptation of Numbers]
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.
Section ۱۵ [Vacancies]
(۱) 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٫ or until the election of a successor as hereinafter provided whichever
first happens. 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
execccutive 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.
(۲) 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.
(۳) Where –
(a) in accordance with the last preceding paragraph٫ a member of a particular
political party is chosen or appointed to hold the place of a senator whose
place had become vacant; and
(b) before taking his seat he ceases to be a member of that party (otherwise
than by reason of the party havinggg ceased to exist)٫ he shall he deemed not
to have been so chosen or appointed and the vacancy shall be again notified in
accordance with Section ۲۱ of this Constitution.
(۴) The name of any senator chosen or appointed under this section shall be
certified by the Governor of the State to the Governor-General.
(۵) If the place of a senator chosen by the people of a State at the
election of senators last held before the commencement of the Constitution
Alteration (Senate Casual] Vacancies) ۱۹۷۷ became vacant before that
commencement and٫ at the 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.
(۶) A senator holding office at the commencement of the Constitution
Alteration (Senate Casual Vacancies) ۱۹۷۷٫ 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.
(۷) Subject to the next succeeding paragraph٫ a senator holding office at
the commencement of the Constitution Alteration (Senate Casual Vacancies) ۱۹۷۷
who was chosen by the House or Houses of Parliament of a State in consequence
of vacancy that had at any time occurred in the place of a senator chosen by
the people of the State shall he 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.
(۸) If٫ at or before the commencement of the Constitution Alteration
(Senate Casual Vacancies) ۱۹۷۷٫ a law to alter the Constitution entitled
"Constitution Alteration (Simultaneous Elections) ۱۹۷۷" 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.
Section ۱۶ [Qualification of Senators]
The qualifications of a senator shall be the same as those of a member of the
House of Representatives.
Section ۱۷ [President of the Senate]
(۱) The Senate shall٫ before proceeding to the despatch of any other
business٫ choose a senator to be the President of the Senate; and as often
as the office of President becomes vacant the Senate shall again choose a
senator to be the President.
(۲) 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.
Section ۱۸ [Vice-President]
Before or during any absence of the President٫ the Senate may choose a senator
to perform his duties in his absence.
Section ۱۹ [Resignation of Senators]
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.
Section ۲۰ [Mandatory Attendance of Senators]
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.
Section ۲۱ [Notification to the State]
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.
Section ۲۲ [Constitutive Presence of Senators]
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.
Section ۲۳ [Majority of Senators]
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
Section ۲۴ [Number of Representatives]
(۱) 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.
(۲) 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 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.
(۳) But notwithstanding anything in this section٫ five members at least shall
be chosen in each Original State.
Section ۲۵ [Disqualification by Race]
For the purposes of the last section٫ if by the law of any State all persons of
any race are disqualified from voting at elections for the more numerous House
of the Parliament of the State٫ then٫ in reckoning the number of the people of
the State or of the Commonwealth٫ persons of that race resident in that State
shall not be counted.
Section ۲۶ [First Election]
(۱) Notwithstanding anything in Section ۲۴٫ the number of members to be
chosen in each State at the first election shall he as follows:
New South Wales: ۲۳
Victoria: ۲۰
Queensland: ۹
South Australia: ۶
Tasmania: ۵.
(۲) Provided that if Western Australia is an Original State٫ the numbers
shall be as follows:
New South Wales: ۲۶
Victoria: ۲۳
Queensland: ۹
South Australia: ۷
Western Australia: ۵
Tasmania: ۵.
Section ۲۷ [Changing Number of Representatives]
Subject to this Constitution٫ the Parliament may make laws for increasing or
diminishing the number of the members of the House of Representatives.
Section ۲۸ [Term]
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.
Section ۲۹ [Eligibility٫ Electorate]
(۱) 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.
(۲) In the absence of other provision٫ each State shall be one electorate.
Section ۳۰ [General Qualification of Representatives]
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.
Section ۳۱ [Electoral Method]
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.
Section ۳۲ [Writs for General Elections]
(۱) The Governor-General in Council may cause writs to be issued for
general elections of members of the House of Representatives.
(۲) 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.
Section ۳۳ [Writs for Vacancies]
Whenever a vacancy happens in the House of Representatives٫ the Speaker shall
issue his writ for the election of a new member٫ or if there is no Speaker or
if he is absent from the Commonwealth the Governor-General in Council may issue
the writ.
Section ۳۴ [Special Qualifications of Representatives]
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 ۲۱ 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.
Section ۳۵ [Speaker]
(۱) 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.
(۲) 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.
Section ۳۶ [Vice-Speaker]
Before or during any absence of the Speaker٫ the House of Representatives may
choose a member to perform his duties in his absence.
Section ۳۷ [Resignation of Speaker]
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.
Section ۳۸ [Mandatory Attendance of Representatives]
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.
Section ۳۹ [Constitutive Presence of Representatives]
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.
Section ۴۰ [Majority 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
Section ۴۱ [Eligibility]
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.
Section ۴۲ [Oath or Affirmation of Allegiance]
Every senator and every member of the House of Representatives shall before
taking his seat make and subscribe before the Governor-General٫ or some person
authorized by him٫ an oath or affirmation of allegiance in the form set forth
in the schedule to this Constitution.
Section ۴۳ [Vertical Incompatibility]
A member of either House of the Parliament shall be incapable of being chosen
or of sitting as a member of the other House.
Section ۴۴ [Exclusion from Eligibility]
(۱) 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 attained of treason٫ or has been convicted and is under sentence٫ or
subject to be sentenced٫ for any offence punishable under the law of the
Commonwealth or of a State by imprisonment for one year or longer; or
(iii) Is an undischarrrged 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.
(۲) But Sub-section iv does not apply to the office of any of the
Queen''s Ministers of State for the Commonwealth٫ or of any of the Queen''s
Ministers for a State٫ or to the receipt of pay٫ half pay٫ or a pension٫ by any
person as an officer or member of the Queen''s navy or army٫ or to the
receipt of pay as an officer or member of the naval or military forces of the
Commonwealth by any person whose services are not wholly employed by the
Commonwealth.
Section ۴۵ [Exclusion]
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.
Section ۴۶ [Punishment]
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 pound to any person who sues for it in any court of
competent jurisdiction.
Section ۴۷ [Scrutiny of Qualification and Elections]
Until the Parliament otherwise provides٫ any question respecting the
qualification of a senator or of a member of the House of Representatives
or respecting a vacancy in either House of the Parliament٫ and any question of
a disputed election to either House٫ shall be determined by the House in which
the question arises.
Section ۴۸ [Allowance of Senators and Representatives]
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.
Section ۴۹ [Powers٫ Privileges٫ Immunities]
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.
Section ۵۰ [Rules of Proceeding]
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
Section ۵۱ [Legislative Competencies]
The Parliament shall٫ subject to this Constitution٫ have power to make laws for
the peace٫ order and good government of the Commonwealth with respect to:
(i) Trade and commerce with other countries٫ and among the States;
(ii) Taxation; but so as not to discriminate between States or parts of
States;
(iii) Bounties on the production or export of goods٫ but so that such bounties
shall be uniform throughout the Commonwealth;
(iv) Borrowing money on the public credit of the Commonwealth;
(v) Postal٫ telegraphic٫ telephonic٫ and other like services;
(vi) The naval and military defence of the Commonwealth and of the several
States٫ and the control of the forces to execccute 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;
(xiv) 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;
(xviii) 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
conscriptttion)٫ benefits to students and family allowances;
(xxiv) The service and execccution throughout the Commonwealth of the civil
and criminal process and the judgments of the courts of the States;
(xxv) The recognition throughout the Commonwealth of the laws٫ the public Acts
and records٫ and the judicial proceedings of the States;
(xxvi) The people of any race for whom it is deemed necessary to make special
laws;
(xxvii) Immigration and emigration;
(xxviii) The influx of criminals;
(xxix) External affairs;
(xxx) The relations of the Commonwealth with the islands of the Pacific;
(xxxi) The acquisition of property on just terms from any State or person for
any purpose in respect of which the Parliament has power to make laws;
(xxxii) The control of railways with respect to transport for the naval and
military purposes of the Commonwealth;
(xxxiii) The acquisition٫ with the consent of a State٫ of any railways of the
State on terms arranged between the Commonwealth and the State;
(xxxiv) Railway construction and extension in any State with the consent of
that State;
(xxxv) Conciliation and arbitration for the prevention and settlement of
industrial disputes extending beyond the limits of any one State;
(xxxvi) Matters in respect of which this Constitution makes provision until the
Parliament otherwise provides;
(xxxvii) Matters referred to the Parliament of the Commonwealth by the
Parliament or Parliaments of any State or States٫ but so that the law shall
extend only to States by whose Parliaments the matter is referred٫ or which
afterwards adopt the law;
(xxxviii) The exercise within the Commonwealth٫ at the request or with the
concurrence of the Parliaments of all the States directly concerned٫ of any
power which can at the establishment of this Constitution be exercised only by
the Parliament of the United Kingdom or by the Federal Council of Australasia;
(xxxix) Matters incidental to the execccution 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.
Section ۵۲ [Exclusive Powers]
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 execccutive Government of the
Commonwealth:
(iii) Other matters declared by this Constitution to be within the exclusive
power of the Parliament.
Section ۵۳ [Tax Laws]
(۱) 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
licenses٫ or fees for services under the proposed law.
(۲) The Senate may not amend proposed laws imposing taxation٫ or proposed
laws appropriating revenue or moneys for the ordinary annual services of the
Government.
(۳) The Senate may not amend any proposed law so as to increase any
proposed charrrge or burden on the people.
(۴) 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.
(۵) Except as provided in this section٫ the Senate shall have equal power
with the House of Representatives in respect of all proposed laws.
Section ۵۴ [Revenues for Services Laws]
The proposed law which appropriates revenue or moneys for the ordinary annual
services of the Government shall deal only with such appropriation.
Section ۵۵ [Exclusive Content of Revenue Laws]
(۱) 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.
(۲) 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.
Section ۵۶ [Governor''s Recommendation]
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.
Section ۵۷ [Legislative Conflicts]
(۱) 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.
(۲) 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.
(۳) 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.
Section ۵۸ [Governor''s Assent٫ Reservation٫ or Veto]
(۱) When a proposed law passed by both Houses of the Parliament is
presented to the Governor-General for the Queen''s assent٫ he shall declare٫
according to his discretion٫ but subject to this Constitution٫ that he assents
in the Queen''s name or that he withholds assent٫ or that he reserves the law
for the Queen''s pleasure.
(۲) 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.
Section ۵۹ [Queen''s Disallowance]
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.
Section ۶۰ [Queen''s Assent]
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 execccutive Government
Section ۶۱ [Head of Government]
The execccutive 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 execccution and maintenance of this Constitution٫ and of the
laws of the Commonwealth.
Section ۶۲ [Federal execccutive Council]
There shall be a Federal execccutive 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 execccutive
Councillors٫ and shall hold office during his pleasure.
Section ۶۳ [Advisory Powers]
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 execccutive Council.
Section ۶۴ [Ministers of State]
(۱) The Governor-General may appoint officers to administer such
departments of State of the Commonwealth as the Governor-General in Council may
establish.
(۲) Such officers shall hold office during the pleasure of the
Governor-General. They shall be members of the Federal execccutive
Council٫ and shall be the Queen''s Ministers of State for the Commonwealth.
(۳) 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.
Section ۶۵ [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.
Section ۶۶ [Salaries of Ministers]
There shall be payable to the Queen٫ out of the Consolidated Revenue Fund of
the Commonwealth٫ for the salaries of the Ministers of State٫ an annual sum
which٫ until the Parliament otherwise provides٫ shall not exceed twelve
thousand pounds a year.
Section ۶۷ [Appointment and Removal of Officers]
Until the Parliament otherwise provides٫ the appointment and removal of all
other officers of the execccutive 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.
Section ۶۸ [Command in Chief of Armed 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.
Section ۶۹ [Departments of Public Service]
(۱) 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.
(۲) But the departments of customs and of excise in each State shall become
transferred to the Commonwealth on its establishment.
Section ۷۰ [Transfer of Old Powers]
In respect of matters which٫ under this Constitution٫ pass to the execccutive
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 execccutive 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 Judicative
Section ۷۱ [High Court]
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 createees٫ 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.
Section ۷۲ [Appointment٫ Removal٫ and Term of Justices]
(۱) The Justices of the High Court and of the other courts createeed 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 misbehavior or incapacity:
(iii) Shall receive such remuneration as the Parliament may fix; but the
remuneration shall not be diminished during their continuance in office.
(۲) 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.
(۳) The appointment of a Justice of a court createeed 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 court if he has attained the age that is
for the time being the maximum age for Justices of that Court.
(۴) Subject to this section٫ the maximum age for Justices of any court
createeed by the Parliament is seventy years.
(۵) The Parliament may make a law fixing an age that is less than seventy
years as the maximum age for Justices of a court createeed 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.
(۶) A Justice of the High Court or of a court createeed by the Parliament
may resign his office by writing under his hand delivered to the
Governor-General.
(۷) Nothing in the provisions added to this section by the Constitution
Alteration (Retirement of Judges) ۱۹۷۷ affects the continuance of a person in
office as a Justice of a court under an appointment made before the
commencement of those provisions.
(۸) A reverence in this section to the appointment of a Justice of the High
Court or of a court createeed 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 createeed by the Parliament to another office of
Justice of the same court havinggg a different status or designation.
Section ۷۳ [Jurisdiction of the High Court]
(۱) The High Court shall have jurisdiction٫ with such exceptions and
subject to such regulations as the Parliament prescribes٫ to hear and determine
appeals from all judgments٫ decrees٫ orders٫ and sentences –
(i) Of any Justice or Justices exercising the original jurisdiction of the High
Court:
(ii) Of any other federal court٫ or court exercising federal jurisdiction;
or of the Supreme Court of any State٫ or of any other court of any State from
which at the establishment of the Commonwealth an appeal lies to the Queen in
Council:
(iii) Of the Inter-State Commission٫ but as to questions of law only:
and the judgment of the High Court in all such cases shall be final and
conclusive.
(۲) 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.
(۳) 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.
Section ۷۴ [Supreme Jurisdiction of the High Court]
(۱) 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.
(۲) 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.
(۳) 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.
Section ۷۵ [Original Jurisdiction of the 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.
Section ۷۶ [Conferred 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:
(il ) Relating to the same subject-matter claimed under the laws of different
States.
Section ۷۷ [Jurisdiction of Federal Courts]
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.
Section ۷۸ [Recourse Against State Acts]
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.
Section ۷۹ [Number of Judges]
The federal jurisdiction of any court may be exercised by such number of judges
as the Parliament prescribes.
Section ۸۰ [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
Section ۸۱ [Consolidated Revenue Fund]
All revenues or moneys raised or received by the execccutive 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 charrrges
and liabilities imposed by this Constitution.
Section ۸۲ [Deduction of Administrative Expenses]
The costs٫ charrrges٫ and expenses incident to the collection٫ management٫ and
receipt of the Consolidated Revenue Fund shall form the first charrrge
thereon; and the revenue of the Commonwealth shall in the first instance be
applied to the payment of the expenditure of the Commonwealth.
Section ۸۳ [Rule of Law for Expenditure]
(۱) No money shall be drawn from the Treasury of the Commonwealth except
under appropriation made by law.
(۲) 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.
Section ۸۴ [Transfer of Officers]
(۱) 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 execccutive Government of the Commonwealth.
(۲) 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.
(۳) 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.
(۴) 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 execccutive 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.
Section ۸۵ [Transfer of Property]
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 connection with
the department٫ shall become vested in the Commonwealth; but٫ in the case of
the departments controlling customs and excise and bounties٫ for such time only
as the Governor-General in Council may declare to be necessary:
(ii) The Commonwealth may acquire any property of the State٫ of any kind used٫
but not exclusively used in connection with the department; the value
thereof shall٫ if no agreement can be made٫ be ascertained in٫ as nearly as may
be٫ the manner in which the value of land٫ or of an interest in land٫ taken by
the State for public purposes is ascertained under the law of the State in
force at the establishment of the Commonwealth:
(iii) The Commonwealth shall compensate the State for the value of any property
passing to the Commonwealth under this section; if no agreement can be made
as to the mode of compensation٫ it shall be determined under laws to be made by
the Parliament:
(iv) The Commonwealth shall٫ at the date of the transfer٫ assume the current
obligations of the State in respect of the department transferred.
Section ۸۶ [Collection of Revenue]
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 execccutive Government of the Commonwealth.
Section ۸۷ [Sharing of Revenue]
(۱) 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.
(۲) 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.
Section ۸۸ [Uniform Duties of Customs]
Uniform duties of customs shall be imposed within two years after the
establishment of the Commonwealth.
Section ۸۹ [Exclusive Revenue of States]
Until the imposition of uniform duties of customs –
(i) The Commonwealth shall credit to each State the revenues collected therein
by the Commonwealth.
(ii) The Commonwealth shall debit to each State –
(a) The expenditure therein of the Commonwealth incurred solely for the
maintenance or continuance٫ as at the time of transfer٫ of any department
transferred from the State to the Commonwealth;
(b) The proportion of the State٫ according to the number of its people in the
other expenditure of the Commonwealth.
(iii) The Commonwealth shall pay to each State month by month the balance (if
any) in favor of the State.
Section ۹۰ [Exclusive Power to Impose Duties of Customs]
(۱) 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.
(۲) 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.
Section ۹۱ [Aid or Bounties of the States]
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.
Section ۹۲ [No Internal Borders]
(۱) 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.
(۲) 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 charrrgeable on the importation of such goods
into the Commonwealth٫ less any duty paid in respect of the goods on their
importation.
Section ۹۳ [Transitional Customs Provisions]
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 charrrgeable 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.
Section ۹۴ [Payment of Surplus Revenue]
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.
Section ۹۵ [Western Australia Customs]
(۱) 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.
(۲) But any duty so imposed on any goods shall not exceed during the first
of such years the duty charrrgeable 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.
(۳) 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.
Section ۹۶ [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.
Section ۹۷ [Transition of Colony Revenue Laws]
Until the Parliament otherwise provides٫ the laws in force in any colony which
has become or becomes a State with respect to the receipt of revenue and the
expenditure of money on account of the Government of the Colony٫ and the review
and audit of such receipt and expenditure٫ shall apply to the receipt of
revenue and the expenditure of money on account of the Commonwealth in the
State in the same manner as if the Commonwealth٫ or the Government or an
officer of the Commonwealth٫ were mentioned whenever the Colony٫ or the
Government or an officer of the Colony is mentioned.
Section ۹۸ [Navigation٫ Shipping٫ 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.
Section ۹۹ [Equality of States]
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.
Section ۱۰۰ [Rights to 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.
Section ۱۰۱ [Inter-State Commission]
There shall be an Inter-State Commission٫ with such powers of adjudication and
administration as the Parliament deems necessary for the execccution and
maintenance٫ within the Commonwealth٫ of the provisions of this Constitution
relating to trade and commerce٫ and of all laws made thereunder.
Section ۱۰۲ [No Discrimination Concerning Railways]
The Parliament may by any law with respect to trade or commerce forbid٫ as to
railways٫ any preference or discrimination by any State٫ or by any authority
constituted under a State٫ if such preference or discrimination is undue and
unreasonable٫ or unjust to any State; due regard being had to the financial
responsibilities incurred by any State in connection with the construction and
maintenance of its railways. But no preference or discrimination shall٫
within the meaning of this section٫ be taken to be undue and unreasonable٫ or
unjust to any State٫ unless so adjudged by the Inter-State Commission.
Section ۱۰۳ [Membership in the Inter-State Commission]
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
misbehavior or incapacity:
(iii) Shall receive such remuneration as the Parliament may fix; but such
remuneration shall not be diminished during their continuance in office.
Section ۱۰۴ [Railway 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.
Section ۱۰۵ [Consolidation of State Debts]
The Parliament may take over from the States their public debts٫ or a
proportion thereof according to the respective numbers of their people as shown
by the latest statistics of the Commonwealth٫ and may convert٫ renew٫ or
consolidate such debts٫ or any part thereof; and the States shall indemnify
the Commonwealth in respect of the debts taken over٫ and thereafter the
interest payable in respect of the debts shall be deducted and retained from
the portions of the surplus revenue of the Commonwealth payable to the several
States٫ or if such surplus is insufficient٫ or if there is no surplus٫ then the
deficiency or the whole amount shall be paid by the several States.
Section ۱۰۵a [Consolidation Agreements]
(۱) 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.
(۲) The Parliament may make laws for validating any such agreement made
before the commencement of this section.
(۳) The Parliament may make laws for the carrying out by the parties
thereto of any such agreement.
(۴) Any such agreement may be varied or rescinded by the parties thereto.
(۵) 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.
(۶) The powers conferred by this section shall not be construed as being
limited in any way by the provisions of Section ۱۰۵ of this Constitution.
Chapter V The States
Section ۱۰۶ [Continuity of State Government]
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.
Section ۱۰۷ [Continuity of Colony Government]
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.
Section ۱۰۸ [Continuity of Colony Legislation]
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.
Section ۱۰۹ [Priority of Commonwealth Law over State Law]
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 inconsistency٫ be
invalid.
Section ۱۱۰ [Binding Force on State Governors]
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
execccutive office or administrator of the government of the State.
Section ۱۱۱ [Surrendering Part of a State]
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.
Section ۱۱۲ [Inspection charrrges on Customs]
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 charrrges as
may be necessary for execccuting the inspection laws of the State; but the
net produce of all charrrges so levied shall be for the use of the
Commonwealth; and any such inspection laws may be annulled by the Parliament
of the Commonwealth.
Section ۱۱۳ [Liquids Customs]
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.
Section ۱۱۴ [Monopoly on Armed Forces]
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.
Section ۱۱۵ [Monopoly on Coinage of Money]
A State shall not coin money٫ nor make anything but gold and silver coin a
legal tender in payment of debts.
Section ۱۱۶ [Freedom of Religion٫ Secular State]
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.
Section ۱۱۷ [Citizens'' Equality]
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.
Section ۱۱۸ [Mutual Respect for State Authority]
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.
Section ۱۱۹ [Protection of the States]
The Commonwealth shall protect every State against invasion and٫ on the
application of the execccutive Government of the State٫ against domestic
violence.
Section ۱۲۰ [Prisons]
Every State shall make provision for the detention in its prisons of persons
accused or convicted of offences against the laws of the Commonwealth٫ and for
the punishment of persons convicted of such offences٫ and the Parliament of the
Commonwealth may make laws to give effect to this provision.
Chapter VI New States
Section ۱۲۱ [Admission or Establishment]
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.
Section ۱۲۲ [Government of Surrendered 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.
Section ۱۲۳ [New Delimitation 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.
Section ۱۲۴ [Spinning Off 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 unionnn of two or more State
or parts of States٫ but only with the consent of the Parliaments of the States
affected.
Chapter VII Miscellaneous
Section ۱۲۵ [Seat of Government]
(۱) 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.
(۲) 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.
(۳) The Parliament shall sit at Melbourne until it meets at the seat of
Government.
Section ۱۲۶ [Governor''s Deputies]
The Queen may authorize 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.
Section ۱۲۷ {…}
Chapter VIII Alteration of the Constitution
Section ۱۲۸ [Method of Constitutional Alteration]
This Constitution shall not be altered except in the following manner:
(۱) 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.
(۲) But if either House passes any such proposed law by an absolute
majority٫ and the other House rejects or fails to pass it٫ or passes it with
any amendment to which the first-mentioned House will not agree٫ and if after
an interval of three months the first-mentioned House in the same or the next
session again passes the proposed law by an absolute majority with or without
any amendment which has been made or agreed to by the other House٫ and such
other House rejects or fails to pass it or passes it with any amendment to
which the first-mentioned House will not agree٫ the Governor-General may submit
the proposed law as last proposed by the first-mentioned House٫ and either with
or without any amendments subsequently agreed to by both Houses٫ to the
electors in each State and Territory qualified to vote for the election of the
House of Representatives.
(۳) 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.
(۴) 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.
(۵) No alteration diminishing the proportionate representation of any State
in either House of the Parliament٫ or the minimum number of representatives of
a State in the House of Representatives٫ or increasing٫ diminishing٫ or
otherwise altering the limits of the State٫ or in any manner affecting the
provisions of the Constitution in relation thereto٫ shall become law unless the
majority of the electors voting in that State approve the proposed law.
(۶) In this section "Territory" means any territory referred to in Section
۱۲۲ of this Constitution in respect of which there is a law in force allowing
its representation in the House of Representatives.