Australian Digital Collections

Commentaries on the Constitution of the Commonwealth of Australia

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I.

Commentaries on the Constitution of the Commonwealth of Australia.

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1.

Title and Preamble

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§ 1. “An Act.”

§ 2. “Whereas.”

§ 3. “The People.”

§ 4. “Humbly Relying on the Blessing of Almighty God.”

§ 5. “Have Agreed.”

§ 6. “To Unite in One Indissoluble Federal Commonwealth.”

§ 7. “Under the Crown.”

§ 8. “United Kingdom of Great Britain and Ireland.”

§ 9. “Under the Constitution.”

§ 10. “Hereby Established.”

§ 11. “By the Queen's Most Excellent Majesty.”

§ 12. “Of the Lords Spiritual.”

§ 13. “And Temporal.”

§ 14. “And Commons.”

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§ 15. “And by the Authority of the Same.”

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2.

Covering Clauses

§ 16. “This Act.”

§ 17. “Commonwealth.”

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§ 18. “Constitution.”

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Outlines of the British Constitution.

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Outlines of the Constitution of the United States.

§ 19. “Referring to the Queen.”

§ 20. “Her Majesty's Heirs and Successors.”

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§ 21. “Sovereignty of the United Kingdom.”

Proclamation of Commonwealth.

§ 22. “Privy Council.”

§ 23. “The Passing of this Act.”

§ 24. “Proclamation.”

§ 25. “A Day therein Appointed.”

§ 26. “The People … shall be United.”

§ 27. “In a Federal Commonwealth.”

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§ 28. “Appoint a Governor-General.”

Commencement of Act.

§ 29. “Shall be Established.”

§ 30. “Shall take Effect.”

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§ 31. “May make any such Laws.”

Operation of the Constitution and Laws.

§ 32. “This Act.”

§ 33. “And all Laws.”

§ 34. “Shall be Binding on the Courts, Judges and People.”

§ 35. “And of Every Part of the Commonwealth.”

§ 36 “The Laws of Any State.”

§ 37. “The Laws of the Commonwealth.'

§ 38. “British Ships.”

§ 39. “First Port of Clearance.”

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§ 40. “The Queen's Ships of War.”

§ 41. “Definitions.”

§ 42. “Shall Mean.”

§ 43. “Commonwealth … as Established Under this Act.”

§ 44. “States.”

§ 45. “Parts of the Commonwealth.”

§ 46. “Such of the Colonies.”

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§ 47. “Colonies or Territories.”

Repeal of Federal Council Act. (48 and 49 Vic. c. 60.)

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§ 48. “Laws Passed by the Federal Council.”

Application of Colonial Boundaries Act. (58 and 59 Vic. c. 34.)

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§ 49. “Colonial Boundaries Act.”

§ 50. “The Constitution.”

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3.

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§ 51. “Parliament.”

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Part I.—General.

Legislative Power.

§ 52. “Legislative Power.”

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§ 53. “Federal Parliament.”

Governor-General.

§ 54. “A Governor-General.”

§ 55. “During the Queen's Pleasure.”

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§ 56. “Powers and Functions of the Queen.”

Salary of Governor-General.

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§ 57. “Salary of the Governor-General.”

Provisions relating to Governor-General.

§ 58. “Such Person as the Queen may Appoint.”

§ 59. “Salary … in Respect of any other Office.”

§ 60. “May Appoint such Times.”

§ 61. “Holding the Sessions of the Parliament.”

§ 62. “Prorogue.”

§ 63. “Dissolve.”

§ 64. “The Parliament shall be Summoned.”

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§ 65. “Day Appointed for the Return of the Writs.”

Yearly Session of Parliament.

§ 66. “Once at Least in Every Year.”

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4.

§ 67. “The Senate.”

§ 68. “Chosen by the People of the State.”

§ 69. “One Electorate.”

§ 70. “Queensland.”

§ 71. “Original State.”

§ 72. “Equal Representation .. Shall be Maintained.”

§ 73. “Chosen for a Term of Six Years.”

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§ 74. “Certified by the Governor.”

Qualification of electors.

§ 75. “Qualification of Electors of Senators.”

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§ 76. “Each Elector shall Vote only Once.”

Method of election of senators. Times and places.

§ 77. “Method of Choosing Senators.”

§ 78. “Uniform for all the States.”

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§ 79. “Times and Places of Elections of Senators.”

Application of State laws.

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§ 80. “Laws in Force in Each State … Relating to Elections.”

Failure to choose senators81.

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§ 81. “Failure to Choose Senators.”

Issue of writs.

§ 82. “Writs to be Issued.”

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§ 83. “Dissolution of the Senate.”

Rotation of senators.

§ 84. “The Senate shall divide the Senators.”

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§ 85. “The Term of Service of a Senator.”

Further provision for rotation86.

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§ 86. “Further Provision for Rotation.”

Casual vacancies.

§ 87. “The Houses of Parliament of the State.”

§ 88. “The Expiration of the Term.”

§ 89. “Election of a Successor.”

§ 90. “When the Vacancy is Notified.”

§ 91. “The Governor of the State may … appoint.”

§ 92. “With the Advice of the Executive Council.”

§ 93. “The Next Election of Senators.”

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§ 94. “Certified by the Governor.”

Qualifications of senator.

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§ 95. “The Qualifications of a Senator.”

Election of President.

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§ 96. “Choose a Senator to be the President.”

Absence of President.

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§ 97. “Absence of the President.”

Resignation of senator.

§ 98. “A Senator may … resign.”

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§ 99. “Shall become Vacant.”

Vacancy by absence.

Vacancy to be notified.

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§ 100. “Quorum.”

Voting in Senate.

§ 101. “Each Senator shall have one Vote.”

§ 102. “The President shall … be entitled to a Vote.”

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5.

The House of Representatives.

§ 103. “The House of Representatives.”

§ 104. “The People of the Commonwealth.”

§ 105. “As Nearly as Practicable.”

§ 106. “Twice the Number of the Senators.”

§ 107. “In Proportion to the Respective Numbers of Their People.”

§ 108. “Until the Parliament Otherwise Provides.”

§ 109. “Be Determined Whenever Necessary.”

§ 110. “A Quota shall be Ascertained.”

§ 111. “Members to be Chosen in each State.”

§ 112. “A Remainder Greater than One-half of the Quota.”

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§ 113. “Five Members at Least.”

Provision as to Races disqualified from Voting.

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§ 114. “Disqualified.”

Representatives in first Parliament.

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§ 115. “The Number of Members … at the First Election.”

Alteration of number of members.

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§ 116. “Increasing or Diminishing.”

Duration of House of Representatives.

§ 117. “Shall Continue for Three Years.”

§ 118. “Sooner Dissolved.”

§ 119. “The Divisions in each State.”

§ 120. “Members to be Chosen for Each Division.”

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§ 121. “Out of Parts of Different States.”

Qualification of electors.

§ 122. “The Qualification of Electors.”

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§ 123. “Each Elector Shall Vote only Once.”

Application of State laws.

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§ 124. “Laws Relating to Elections.”

Writs for general election.

§ 125. “The Governor-General in Council may Cause Writs to be Issued.”

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§ 126. “General Elections of Members.”

Writs for vacancies.

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§ 127. “Whenever a Vacancy Happens.”

Qualifications of members.

§ 128. “Qualifications of a Member.”

§ 129. “He.”

§ 130. “Of the Full Age of Twenty-one Years.”

§ 131. “A Resident.”

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§ 132. “Subject of the Queen.”

Election of Speaker.

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§ 133. “The Speaker.”

Absence of Speaker.

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§ 134. “Absence of the Speaker.”

Resignation of member.

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§ 135. “Resign His Place.”

Vacancy by absence136.

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§ 136. “Absence.”

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§ 137. “Quorum.”

Voting in House of Representatives.

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6.

Both Houses of the Parliament.

§ 138. “No Adult Person.”

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§ 139. “Has or Acquires.”

Oath or affirmation of allegiance.

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§ 140. “Oath or Affirmation.”

Member of one House ineligible for other.

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§ 141. “A Member of the Other House.”

Disqualification142.

§ 142. “Disqualification.”

§ 143. “Allegiance, Obedience, or Adherence.”

§ 144. “A Subject or a Citizen.”

§ 145. “Attainted of Treason.”

§ 146. “Or has been Convicted, and is Under Sentence for any Offence.”

§ 147. “Office of Profit under the Crown.”

§ 148. “Pension.”

§ 149. “Interest in any Agreement.”

§ 150. “The Queen's Ministers of State for the Commonwealth.”

§ 151. “The Queen's Ministers for a State.”

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§ 152. “Officer or Member of the Queen's Navy or Army.”

Vacancy on happening of disqualification.

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§ 153. “If a Senator or Member.”

Penalty for sitting when disqualified.

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§ 154. “To any Person who Sues for it.”

Disputed elections.

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§ 155. “Qualification .. Vacancy .. a Disputed Election.”

Allowance to members.

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§ 156. “Allowance.”

Privileges, &c., of Houses.

§ 157. “Powers, Privileges, and Immunities.”

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§ 158. “Such as are Declared by the Parliament.”

Rules and orders.

§ 159. “Rules and Orders.”

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7.

Powers of the Parliament.

§ 160. “Legislative Powers.”

§161. “Peace, Order, and Good Government.”

§ 162 “Trade and Commerce.”

§ 163. “With Other Countries and Among the States.”

§ 164. “Taxation.”

§ 165. “Bounties.”

§ 166. “Borrowing Money.”

§ 167. “Postal.”

§ 168. “Naval and Military Defence.”

§ 169. “To Execute and Maintain the Laws.”

§ 170. “Lighthouses,” &c.

§ 171. “Astronomical, &c.”

§ 172. “Quarantine.”

§ 173. “Fisheries.”

§ 174 “Australian Waters Beyond Territorial Limits.”

§ 175. “Census.”

§ 176. “Currency.”

§ 177. “Coinage.”

§ 178. “Legal Tender.”

§ 179. “Banking.”

§ 180. “Other than State Banking.”

§ 181. “State Banking Extending Beyond the Limits of the State Concerned.”

§ 182. “Incorporation of Banks.”

§ 183. “The Issue of Paper Money.”

§ 184. “Insurance.”

§ 185. “Other than State Insurance.”

§ 186. “Weights and Measures.”

§ 187. “Bills of Exchange.”

§ 188. “Bankruptcy and Insolvency.”

§ 189. “Copyright.”

§ 190. “Patents of Inventions.”

§ 191. “Designs.”

§ 192. “Trade Marks.”

§ 193. “Aliens.”

§ 194. “Naturalization.”

§ 195. “Foreign Corporations.”

§ 196. “Trading . . Corporations.”

§ 197. “Financial Corporations.”

§ 198. “Formed.”

§ 199. “Within the Limits of the Commonwealth.”

§ 200. “Marriage.”

§ 201. “Divorce.”

§ 202. “Matrimonial Causes.”

§ 203. “Parental Rights.”

§ 204. “Custody and Guardianship of Infants.”

§ 205. “Invalid and Old-age Pensions.”

§ 206. “Service.”

§ 207. “Execution.”

§ 208. “Criminal Process.”

§ 209. “Recognition.”

§ 210. “The People of any Race.”

§ 211. “Immigration.”

§ 212. “Emigration.”

§ 213. “Influx of Criminals.”

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§ 214. “External Affairs.”

Agency-General Departments.

§ 215. “Relations…with the Islands.”

§ 216. “The Acquisition of Property.”

§ 217. “On Just Terms.”

§ 218. “Purpose in Respect of Which.”

§ 219. “Transport for the Naval and Military Purposes.”

§ 220. “Acquisition…of any Railways.”

§ 221. “Railway Construction.”

§ 222. “Conciliation and Arbitration.”

§ 223. “Until the Parliament Otherwise Provides.”

§ 224. “Matters Referred to the Parliament.”

§ 225. “The Exercise … of any Power.”

§ 226. “Matters Incidental.”

§ 227. “Power Vested by this Constitution.”

§ 228. “Power Vested … in the Parliament.”

§ 229. “Powers Vested . . in Either House.”

§ 230. “Powers Vested … in the Government.”

§ 231. “Power Vested … in the Federal Judicature.”

§ 232. “Power Vested … in any Department.”

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§ 233. “Power vested . . in any . . Officer.”

Exclusive powers of the Parliament.

§ 234. “Exclusive Power.”

§ 235. “Peace, Order and Good Government.”

§ 236. “The Seat of Government.”

§ 237. “And all Places Acquired by the Commonwealth.”

§ 238. “Matters Relating to any Department.”

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§ 239. “Other Matters.”

Powers of the Houses in respect of legislation.

§ 240. “Proposed Laws.”

§ 241. “Appropriating Revenue or Moneys.”

§ 242. “Or Imposing Taxation.”

§ 243. “Shall Not Originate in the Senate.”

§ 244. “But a Proposed Law Shall Not be Taken.”

§ 245. “Fines or other Pecuniary Penalties.”

§ 246. “Fees for Licences.”

§ 247. “Fees for Services.”

§ 248. “The Senate may not Amend.”

§ 249. “Increase Any Charge or Burden on the People.”

§ 250. “The Senate may . . Return to the House.”

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§ 251. “The Senate shall have Equal Power.”

Appropriation Bills.

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§ 252. “The Ordinary Annual Services.”

§ 253. “Laws Imposing Taxation.”

§ 254. “The Imposition of Taxation.”

§ 255. “Shall be of No Effect.”

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§ 256. “One Subject of Taxation Only.”

Recommendation of money votes.

§ 257. “Vote, Resolution, or Proposed Law.”

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§ 258. “To the House in which the Proposal Originated.”

Disagreement between the Houses.

§ 259. “Disagreement Between the Houses.”

§ 260. “If the House of Representatives Passes.”

§ 261. “And the Senate Rejects.”

§ 262. “An Interval of Three Months.”

§ 263. “If the House of Representatives Again Passes.”

§ 264. “The Governor-General may Dissolve.”

§ 265. “Such Dissolution shall not Take Place.”

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§ 266. “A Joint Sitting.”

Royal assent to Bills.

§ 267. “Presented to the Governor-General for the Queen's Assent.”

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§ 268. “The Governor-General may .. Transmit .. Amendments.”

Disallowance by the Queen.

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§ 269. “The Queen May Disallow.”

Signification of Queen's pleasure on Bills reserved.

§ 270. “A Proposed Law Reserved.”

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8.

The Executive Government.

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§ 271. “The Executive Government.”

Executive power.

§ 272. “The Executive Power of the Commonwealth.”

§ 273. “Vested in the Queen.”

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§ 274. “Exercisable by the Governor-General.”

Federal Executive Council.

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§ 275. “A Federal Executive Council to Advise the Governor-General.”

Provisions referring to Governor-General.

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§ 276. “Governor-General in Council.”

Ministers of State. Ministers to sit in Parliament279.

§ 277. “Officers to Administer such Departments.”

§ 278. “The Queen's Ministers of State.”

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§ 279. “Ministers to sit in Parliament.”

Number of Ministers.

Salaries of Ministers.

Appointment of civil servants280.

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§ 280. “Appointment of Civil Servants.”

Command of the naval and military forces.

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§ 281. “The Command-in-Chief.”

Transfer of certain departments.

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§ 282. “Departments . . Transferred.”

Certain powers of Governors to vest in Governor-General.

§ 283. “Matters Which .. Pass to the .. Commonwealth.”

§ 284. “Or in any Authority of a Colony.”

§ 285. “In the Authority Exercising Similar Powers.”

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9.

The Judicature.

§ 286. “The Judicial Power.”

§ 287. “Shall be Vested.”

§ 288. “The High Court of Australia.”

§ 289. “Such Other Federal Courts as the Parliament Creates.”

§ 290. “Such Other Courts as it Invests with Federal Jurisdiction.”

§ 291. “A Chief Justice and so Many Other Justices.”

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§ 292. “As the Parliament Prescribes.”

Judges' Appointment, Tenure, and Remuneration.

§ 293. “Shall be Appointed.”

§ 294. “Shall not be Removed.”

§ 295. “Except by the Governor-General in Council.”

§ 296. “On an Address from Both Houses.”

§ 297. “On the Ground of Proved Misbehaviour or Incapacity.”

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§ 298. “The Remuneration shall not be Diminished.”

Appellate jurisdiction of High Court.

§ 299. “Shall Have Jurisdiction.”

§ 300. “With Such Exceptions and Subject to Such Regulations.”

§ 301. “To Hear and Determine Appeals.”

§ 302. “From all Judgments, Decrees, Orders, and Sentences.”

§ 303. “Of any Justice or Justices Exercising the Original Jurisdiction of the High Court.”

§ 304. “Of any other Federal Court, or Court Exercising Federal Jurisdiction.”

§ 305. “Of the Supreme Court of any State.”

§ 306. “Or of Any Other Court of Any State,” &c.

§ 307. “Of the Inter-State Commission, but as to Questions of Law Only.”

§ 308. “Final and Conclusive.”

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§ 309. “The Conditions of and Restrictions on Appeals.”

Appeal to Queen in Council310.

§ 310. “Appeal to Queen in Council.”

§ 311. “No Appeal shall be Permitted.”

§ 312. “From a Decision of the High Court.”

§ 313. “Upon any Question, Howsoever Arising.”

§ 314. “The Limits Inter Se of the Constitutional Powers.”

§ 315. “Unless the High Court shall Certify.”

§ 316. “Shall not impair any Right which the Queen may be pleased to Exercise, by virtue of Her Royal Prerogative.”

§ 317. “Special Leave of Appeal from the High Court to Her Majesty in Council.”

§ 318. “The Parliament may make Laws Limiting the Matters in which such Leave may be Asked.”

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§ 319. “Shall be Reserved … for Her Majesty's Pleasure.”

Original jurisdiction of High Court.

§ 320. “In all Matters.”

§ 321. “Arising Under any Treaty.”

§322. “Affecting Consuls, or Other Representatives of Other Countries.”

§ 323. “In which the Commonwealth, or a Person Suing or being Sued on Behalf of the Commonwealth, is a Party.”

§ 324. “Between States, or between Residents of Different States, or between a State and a Resident of Another State.”

§ 325. “In which a Writ of Mandamus or Prohibition, or an Injunction, is Sought Against an Officer of the Commonwealth.”

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§ 326. “The High Court Shall Have Original Jurisdiction.”

Additional original jurisdiction.

§ 327. “Laws Conferring Original Jurisdiction."

§ 328. “In Any Matter.”

§ 329. “Arising under this Constitution.”

§ 330. “Its Interpretation.”

§ 331. “Arising Under Any Laws made by the Parliament.”

§ 332. “Of Admiralty and Maritime Jurisdiction.”

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§ 333. “Relating to the same Subject-matter claimed under the Laws of Different States.”

Power to define jurisdiction.

§ 334. “With Respect to any of the Matters Mentioned in the Last Two Sections.”

§ 335. “Defining the Jurisdiction of any Federal Court other than the High Court.”

§ 336. “Defining the Extent to which the Jurisdiction of any Federal Court shall be Exclusive.”

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§ 337. “Investing any Court of a State with Federal Jurisdiction.”

Proceedings against Commonwealth or State.

§ 338. “Rights to Proceed against the Commonwealth or a State.”

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§ 339. “Within the Limits of the Judicial Power.”

Number of judges.

§ 340. “The Trial on Indictment.”

§ 341. “Any Offence Against any Law of the Commonwealth.”

§ 342. “By Jury.”

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10.

Finance and Trade.

§ 343. “All Revenues or Moneys.”

§ 344. “Consolidated Revenue Fund.”

§ 345. “To be Appropriated for the Purposes of the Commonwealth.”

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§ 346. “Subject to the Charges and Liabilities Imposed by this Constitution.”

Expenditure Charged Thereon.

§ 347. “Shall Form the First Charge Thereon.”

§ 348. “The Revenue of the Commonwealth.”

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§ 349. “The Expenditure of the Commonwealth.”

Money to be Appropriated by Law.

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§ 350. “Appropriation Made by Law.”

Transfer of Officers351.

§ 351. “Transfer of Officers.”

§ 352. “Any Department.”

§ 353. “All Officers of the Department.”

§ 354. “Subject to the Control of the Executive Government of the Commonwealth.”

§ 355. “Any Such Officer Who is not Retained.”

§ 356. “Any Such Officer Who is Retained.”

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§ 357. “Any Officer … in the Public Service of a State.”

Transfer of Property of State358.

§ 358. “Transfer of Property of State.”

§ 359. “All Property of the State, of any Kind.”

§ 360. “Used Exclusively in Connection with the Department.”

§ 361. “Vested in the Commonwealth.”

§ 362. “The Commonwealth may Acquire any Property … not Exclusively Used.”

§ 363. “The Commonwealth shall Compensate the State.”

§ 364. “The Mode of Compensation.”

§ 365. “The Current Obligations of the State in Respect of the Department.”

§ 366. “The Collection and Control of Duties of Customs and of Excise.”

§ 367. “The Control of the Payment of Bounties.”

§ 368. “During a Period of Ten Years after the Establishment of the Commonwealth, and thereafter until the Parliament otherwise Provides.”

§ 369. “Of the Net Revenue.”

§ 370. “Not More than One-fourth shall be Applied Annually by the Commonwealth towards its Expenditure.”

§ 371. “The Balance Shall, in Accordance with this Constitution, be Paid to the Several States.”

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§ 372. “Or Applied towards the Payment of Interest.”

Uniform duties of customs.

§ 373. “Uniform Duties of Customs.”

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§ 374. “Shall be Imposed.”

Payment to States before uniform duties.

§ 375. “Until the Imposition of Uniform Duties of Customs.”

§ 376. “The Commonwealth shall credit to each State.”

§ 377. “The Revenues Collected Therein by the Commonwealth.”

§ 378. “Incurred Solely for the Maintenance or Continuance as at the Time of Transfer.”

§ 379. “The Proportion of the State, According to the Number of its People.”

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§ 380. “The Commonwealth shall Pay to Each State Month by Month.”

Exclusive power over customs, excise, and bounties.

§ 381. “Customs and Excise … shall become Exclusive.

§ 382. “Shall Cease to have Effect.”

§ 383. “Any Grant of or Agreement for any such Bounty.”

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§ 384. “Shall be Taken to be Good.”

Exceptions as to bounties385.

§ 385. “Exceptions as to Bounties.”

§ 386. “Nothing in this Constitution Prohibits a State from Granting.”

§ 387. “Any Aid to or Bounty on Mining for… Metals.”

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§ 388. “With the Consent of Both Houses… Expressed by Resolution.”

Trade within the Commonwealth to be free.

§ 389. “Trade Commerce and Intercourse…shall be Absolutely Free.”

§ 390. “Goods Imported before the Imposition of Uniform Duties of Customs.”

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§ 391. “On Thence Passing into Another State.”

Payment to States for five years after uniform tariffs.

§ 392. “During the First Five Years.…and Thereafter until the Parliament Otherwise Provides.”

§ 393. “For Consumption.”

§ 394. “Shall be Taken to have been Collected.”

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§ 395. “Subject to the last Sub-section,” &c.

Distribution of surplus.

§ 396. “After Five Years from the Imposition of Uniform Duties of Customs.”

§ 397. “The Parliament may Provide.”

§ 398. “On such Basis as it Deems Fair.”

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§ 399. “For the Monthly Payment to the Several States of all Surplus Revenue of the Commonwealth.”

Customs duties of Western Australia.

§ 400. “Notwithstanding Anything in this Constitution.”

§ 401. “During the First Five Years.”

§ 402. “Impose Duties of Customs.”

§ 403. “But Any Duty so Imposed on Any Goods Shall Not Exceed.”

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§ 404. “If.....the Duty on Any Goods Under this Section is Higher than the Duty Imposed by the Commonwealth.”

Financial assistance to States.

§ 405. “During a Period of Ten Years…and thereafter until the Parliament otherwise Provides.”

§ 406. “Grant Financial Assistance to any State.”

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§ 407. “On such Terms and Conditions.”

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§ 408. “Until the Parliament Otherwise Provides.”

Trade and commerce includes navigation and State railways.

§ 409. “The Power of the Parliament … Extends.”

§ 410. “Navigation and Shipping.”

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§ 411. “Railways the Property of any State.”

Commonwealth not to give preference.

§ 412. “The Commonwealth Shall Not.”

§ 413. “By any Law or Regulation of Trade, Commerce, or Revenue.”

§ 414. “Give Preference.”

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§ 415. “To one State or any Part thereof.”

Nor abridge right to use water.

§ 416. “The Commonwealth shall Not.”

§ 417. “By any Law or Regulation of Trade or Commerce.”

§ 418. “Abridge the Right of a State or of the Residents Therein.”

§ 419. “The Reasonable Use.”

§ 420. “The Waters of Rivers.”

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§ 421. “For Conservation or Irrigation.”

Inter-State Commission.

§ 422. “There shall be.”

§ 423. “An Inter-State Commission.”

§ 424. “Such Powers of Adjudication and Administration.”

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§ 425. “As the Parliament Deems Necessary.”

Parliament may forbid preferences by States.

§ 426. “The Parliament May.”

§ 427. “By Any Law with Respect to Trade and Commerce.”

§ 428. “Forbid.”

§ 429. “As to Railways.”

§ 430. “Preference or Discrimination.”

§ 431. “Undue and Unreasonable, or Unjust to Any State.”

§ 432. “Due Regard Being Had.”

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§ 433. “Unless so Adjudged by the Inter-State Commission.”

Commissioners' appointment, tenure, and remuneration.

§ 434. “The Members of the Inter-State Commission.”

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§ 435. “Shall Hold Office for Seven Years.”

Saving of certain rates.

§ 436. “Shall Render Unlawful Any Rate.”

§ 437. “Necessary for the Development of the Territory of the State.”

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§ 438. “If the Rate Applies Equally.”

Taking over public debts of States.

§ 439. “The Parliament May Take Over.”

§ 440. “Their Public Debts as Existing at the Establishment of the Commonwealth.”

§ 441. “And may Convert, Renew, or Consolidate such Debts, or any Part thereof.”

§ 442. “The States shall Indemnify the Commonwealth.”

§ 443. “Shall be Paid by the Several States.”

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11.

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§ 444. “The States.”

Saving of Constitutions.

§ 445. “The Constitution of each State.”

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§ 446. “Subject to this Constitution.”

Saving of power of State Parliaments.

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§ 447. “Power of the Parliament of a Colony.”

Saving of State laws.

§ 448. “Any Matter Within the Powers of the Parliament.”

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§ 449. “Powers of Alteration and of Repeal.”

Inconsistency of laws.

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§ 450. “When a Law of a State is Inconsistent.”

Provisions referring to Governor.

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§ 451. “Governor of a State.”

States may surrender territory.

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§ 452. “The Parliament of a State may Surrender.”

States may levy charges for inspection laws.

§ 453. “A State may Levy.”

§ 454. “Imports or Exports.”

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§ 455. “Inspection Laws.”

Intoxicating liquids.

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§ 456. “Intoxicating Liquids.”

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

§ 457. “Raise or Maintain.”

§ 458. “Impose any Tax on Property .. Belonging to the Commonwealth.”

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§ 459. “Nor Shall the Commonwealth.”

States not to coin money.

§ 460. “A State shall not Coin Money.”

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§ 461. “Nor Make anything but Gold and Silver Coin a Legal Tender.”

Commonwealth not to legislate in respect to religion.

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§ 462. “Any Religion or … any Religious Observance.”

Rights of residents in States.

§ 463. “A Subject of the Queen.”

§ 463a. “Resident in Any State.”

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§ 464. “Disability or Discrimination.”

Recognition of laws, &c., of States.

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§ 465. “Full Faith and Credit.”

Protection of States from invasion and violence.

§ 466. “Protect every State against Invasion.”

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§ 467. “Domestic Violence.”

Custody of offenders against laws of the Commonwealth.

§ 468. “Offences Against the Laws of the Commonwealth.”

§ 469. “Prisons.”

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12.

§ 470. “New States.”

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§ 471. “Terms and Conditions.”

Government of territories.

§ 472. “The Government of Any Territory.”

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§ 473. “Representation of such Territory.”

Alteration of limits of States.

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§ 474. “Increase, Diminish, or otherwise Alter.”

Formation of new States.

§ 475. “A New State May be Formed.”

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13.

§ 476. “Seat of Government.”

§ 477. “Granted to or Acquired by the Commonwealth.”

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§ 478. “And shall be Vested in and Belong to the Commonwealth.”

Power to Her Majesty to authorise Governor-General to appoint Deputies.

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§ 479. “Deputy or Deputies.”

Aborigines not to be counted in reckoning population.

§ 480. “Aboriginal Natives.”

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14.

Alteration of the Constitution.

§ 481. “Alteration.”

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Appropriation Bills,

Australian Colonies Government Act,

Australian Natives' Association,

Bicameral system,

Bills of exchange

“Braddon clause,”

Civil Servants.

Colonial Boundaries Act,

Colonial Laws Validity Act,

Command - in - chief

Commonwealth Bill,

Covering clauses,

Customs and Excise,

Customs duties,

Demise of Crown,

Disqualifications

Eminent Domain,

Exclusive power,

Executive Government,

Executive power

External affairs,

Extra-territorial

Faith and credit

Federal Council,

Federal Executive Council,

Federation Enabling Acts,

Federation Leagues,

Final and conclusive,

Financial assistance

Fugitive Offenders,

Governor-General,

House of Representatives,

Implied powers,

Inferior courts,

Inspection laws,

Inter-State Commission,

Intoxicating liquids.

Judicial Committee.

Judicial power,

Legislative power

Lord Howe Island,

Naturalization,

New South Wales,

Norfolk Island,

Original Package,

Promissory notes.

Queen in Council,

Representatives

Seat of Government,

Subject-matter,

Unconstitutional,

United Kingdom,

“Until the Parliament otherwise provides,”

Van Diemen's Land.

Western Australia,

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