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Commentaries on the Constitution of the Commonwealth of Australia

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I.

Commentaries on the Constitution of the Commonwealth of Australia.

1.

Title and Preamble

2.

Covering Clauses

3.

4.

5.

The House of Representatives.

6.

Both Houses of the Parliament.

7.

Powers of the Parliament.

8.

The Executive Government.

9.

The Judicature.

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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.”

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

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

§ 348. “The Revenue of the Commonwealth.”

§ 349. “The Expenditure of the Commonwealth.”

§ 350. “Appropriation Made by Law.”

§ 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.”

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

§ 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.”

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

§ 373. “Uniform Duties of Customs.”

§ 374. “Shall be Imposed.”

§ 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.”

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

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

§ 382. “Shall Cease to have Effect.”

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

§ 384. “Shall be Taken to be Good.”

§ 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.”

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

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

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

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

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

§ 393. “For Consumption.”

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

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

§ 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.”

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

§ 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.”

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

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

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

§ 407. “On such Terms and Conditions.”

§ 408. “Until the Parliament Otherwise Provides.”

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

§ 410. “Navigation and Shipping.”

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

§ 412. “The Commonwealth Shall Not.”

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

§ 414. “Give Preference.”

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

§ 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.”

§ 421. “For Conservation or Irrigation.”

§ 422. “There shall be.”

§ 423. “An Inter-State Commission.”

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

§ 425. “As the Parliament Deems Necessary.”

§ 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.”

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

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

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

§ 436. “Shall Render Unlawful Any Rate.”

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

§ 438. “If the Rate Applies Equally.”

§ 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.”

11.

12.

13.

14.

Alteration of the Constitution.

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Part III.

RIGHTS, PRIVILEGES, AND IMMUNITIES.—Defined by the Constitution as amended from time to time. Subject to modification by the sovereign people, but secure against Federal and State Governments.

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