previous
next

AN ACT TO CONSTITUTE THE COMMONWEALTH OF AUSTRALIA, A.D. 1900.

CHAPTER 1. THE PARLIAMENT. Part I - GENERAL.

note

1. The legislative power of the Commonwealth shall be vested in a Federal Parliament (82), which shall consist of the Queen, a Senate, and a House of Representatives (92), and which is hereinafter called "The Parliament," or "The Parliament of the Commonwealth."

note

2. A Governor-General appointed by the Queen shall be Her Majesty's representative (74, 93) 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. (92, 96, 218)

note

3. 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 Parlliament otherwise provides, shall be Ten thousand pounds. (190)

The salary of a Governor-General shall not be altered during his coutinuance in office. (93)

note

4. The provisions of this Constitution relating to the GovernorGeneral 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. (93)

note note

5. 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.(94)

note

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. (94)

note

The Parliament shall be summoned to meet not later than six months after the establishment of the Commonwealth. (94)

note

6. There shall be a session of the Parliament once at least in every year, so that twelve months shall not intervene between the last sitting of the Parliament in one session and its first sitting in the next session. (90, 94)

Part II.—The Senate.

note note

7. The Senate shall be composed of senators for each State, directly chosen by the people of the state (99, 102), voting, until the Parliament otherwise provides, as one electorate. (98.)

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. (98.)

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. (98, 103.)

The senators shall be chosen for a term of six years, (99) and the names of the senators chosen for each State shall be certified by the Governor to the Governor-General.

note

8. The qualification of electors of senators shall be in each State that which is prescribed by this Constitution, or by the Parliament, as the qualification for electors of members of the House of Representatives (106); but in the choosing of senators each elector shall vote only once. (99, 106, 108.)

note

9. The Parliament of the Commonwealth may make laws prescribing the method of choosing senators, but so that the method shall be uniform for all the States (100). Subject to any such law, the Parliament of each State may make laws prescribing the method of choosing the senators for that State. (100.)

note

The Parliament of a State may make laws for determining the times and places of elections (284) of senators for the State. (100.)

note

10. 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. (100.)

note

11. The Senate may proceed to the despatch of business, notwithstanding the failure of any State to provide for its representation in the Senate. (98.)

note

12. The Governor of any State may cause writs to be issued for elections of senators for the State. In case of the dissolution of the Senate the writs shall be issued within ten days from the proclamation of such dissolution. (100.)




  ― 337 ―
note

13. As soon as may be after the Senate first meets, and after each first meeting of the Senate following a dissolution thereof (99), 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 the third year (99), and the places of those of the second class at the expiration of the sixth year, from the beginning of their term of service; and afterwards the places of senators shall become vacant at the expiration of six years from the beginning of their term of service.

The election to fill vacant places shall be made in the year at the expiration of which the places are to become vacant.

For the purposes of this section the term of service of a senator shall be taken to begin on the first day of January 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 January preceding the day of his election.

note

14. Whenever the number of senators for a State is increased or diminished, the Parliament of the Commonwealth may make such provision for the vacating of the places of senators for the State as it deems necessary to maintain regularity in the rotation. (99.)

note

15. If the place of a senator becomes vacant before the expiration of his term of service, the Houses of Parliament of the State for which he was chosen shall, sitting and voting (125) together, 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 (99). But if the Houses of Parliament of the State are not in session at the time when the vacancy is notified, the Governor of the State, with the advice of the Executive Council (286) thereof, may appoint a person to hold the place until the expiration of fourteen days after the beginning of the next session of the Parliament of the State, or until the election of a successor, whichever first happens. (100.)

At the next general election of members of the House of Representatives, or at the next election of senators for the State, whichever first happens, a successor shall, if the term has not then expired, be chosen to hold the place from the date of his election until the expiration of the term. (100.)

The name of any senator so chosen or appointed shall be certified by the Governor of the State to the Governor-General. (99.)

note

16. The qualifications of a senator shall be the same as those of a member of the House of Representatives. (99, 105, 110.)

note

17. The Senate shall, before proceeding to the despatch of any other business, choose a senator to be the President of the Senate;


  ― 338 ―
and as often as the Office of President becomes vacant the Senate shall again choose a senator to be the President. (100.)

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. (100.)

note

18. Before or during any absence of the President, the Senate may choose a senator to perform his duties in his absence.

note

19. 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 (100), which thereupon shall become vacant.

note

20. The place of a senator shall become vacant if for two consecutive months of any session of the Parliament he, without the permission of the Senate, fails to attend the Senate. (100.)

note

21. 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. (99.)

note

22. Until the Parliament otherwise provides, the presence of at least one-third of the whole number of the senators shall be necessary to constitute a meeting of the Senate for the exercise of its powers. (98.)

note

23. Questions arising in the Senate shall be determined by a majority of votes, (98); and each senator shall have one vote (98). The President shall in all cases be entitled to a vote (100); and when the votes are equal the question shall pass in the negative. (100.)

Part III.—The House of Representatives.

note

24. The House of Representatives shall be composed of members directly chosen by the people of the Commonwealth (102), and the number of such members shall be, as nearly as practicable, twice the number of the senators. (102.)

note

The number of members chosen in the several States shall be in proportion to the respective numbers of their people (102), and shall, until the Parliament otherwise provides, be determined, whenever necessary, in the following manner:—

  • I. A quota shall be ascertained by dividing the number of the people of the Commonwealth, as shown by the latest statistics of the Commonwealth, by twice the number of the senators. (102.)



  •   ― 339 ―
  • 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. (102.)

But notwithstanding anything in this section, five members at least shall be chosen in each Original State.

note

25. 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. (102.)

note

26. Notwithstanding anything in section twenty-four, the number of members to be chosen in each State at the first election shall be as follows:

       
New South Wales, . . . .  Twenty-three; 
Victoria, . . . . .  Twenty; 
Queensland, . . . . .  Eight; 
South Australia, . . . .  Six;  Tasmania, . . . . .  Five; 

Provided that if Western Australia is an Original State, the numbers shall be as follows:—

           
New South Wales, . . . .  Twenty-six; 
Victoria, . . . . .  Twenty-three; 
Queensland, . . . . .  Nine; 
South Australia, . . . .  Seven; 
Western Australia, . . . .  Five; 
Tasmania, . . . . .  Five. (103.) 

note

27. Subject to this Constitution, the Parliament may make laws for increasing or diminishing the number of the members of the House of Representatives. (103.)

note

28. 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. (104.)

note

29. 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 (103). A division shall not be formed out of parts of different States. (104.)

In the absence of other provision, each State shall be one electorate. (104.)




  ― 340 ―
note

30. Until the Parliament otherwise provides (106, 108), 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 (106); but in the choosing of members each elector shall vote only once. (106, 108, 109.)

note

31. Until the Parliament otherwise provides, but subject to this Constitution, the law 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. (105.)

note

32. The Governor-General in Council may cause writs to be issued for general elections of members of the House of Representatives. (104.)

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. (104.)

note

33. Whenever a vacancy happens in the House of Representatives, the Speaker shall issue his writ for the election of a new member, or if there is no Speaker, or if he is absent from the Commonwealth, the Governor-General in Council may issue the writ. (105.)

note

34. Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as follows:—

  • I. He must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector, and must have been for three years at the least a resident within the limits of the Commonwealth as existing at the time when he is chosen. (110.)
  • 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. (109, 110.)
note

35. 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. (105.)

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. (105.)

note

36. Before or during any absence of the Speaker, the House of Representatives may choose a member to perform his duties in his absence.




  ― 341 ―
note

37. 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. (105.)

note

38. The place of a member shall become vacant if for two consecutive months of any session of the Parliament he, without the permission of the House, fails to attend the House. (105.)

note

39. Until the Parliament otherwise provides, the presence of at least one-third of the whole number of the members of the House of Representatives shall be necessary to constitute a meeting of the House for the exercise of its powers. (104.)

note

40. Questions arising in the House of Representatives shall be determined by a majority of votes other than that of the Speaker. The Speaker shall not vote unless the numbers are equal, and then he shall have a casting vote. (105.)

Part IV.—Both Houses of the Parliament.

note note

41. 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. (108, 109, 110, 319.)

note

42. 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. (113.)

note

43. A member of either House of the Parliament shall be incapable of being chosen or of sitting as a member of the other House. (111.)

note

44. 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 (111): 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 (111): or
  • III. Is an undischarged bankrupt or insolvent (112): 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 (112): or
  • V. Has any direct or indirect pecuniary interest in any agreement


      ― 342 ―
    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 (112):

shall be incapable of being chosen or of sitting as a senator (112) or a member of the House of Representatives. (112.)

But sub-section IV. does not apply to the office of any of the Queen's Ministers of State for the Commonwealth (215, 226), or of any of the Queen's Ministers for a State (215), 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. (112.)

note

45. If a senator or member of the House of Representatives—

  • I. Becomes subject to any of the disabilities mentioned in the last preceding section: or
  • II. Takes the benefit, whether by assignment, composition, or otherwise, of any law relating to bankrupt or insolvent debtors: or
  • III. Directly or indirectly takes or agrees to take any fee or honorarium for services rendered to the Commonwealth, or for services rendered in the Parliament to any person or State:

his place shall thereupon become vacant. (101, 112.)

note

46. Until the Parliament otherwise provides, any person declared by this Constitution to be incapable of sitting as a senator or as a member of the House of Representatives shall, for every day on which he so sits, be liable to pay the sum of one hundred pounds to any person who sues for it in any court of competent jurisdiction. (112.)

note

47. 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. (113.)

note

48. 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 (192), to be reckoned from the day on which he takes his seat. (113.)

note

49. The powers, privileges, and immunities of the Senate and of the House of Representatives, and of the members and the committees of each House, shall be such as are declared by the Parliament, and until declared shall be those of the Commons


  ― 343 ―
House of Parliament of the United Kingdom, and of its members and committees, at the establishment of the Commonwealth. (114.)

note

50. Each House of the Parliament may make rules and orders with respect to:

  • I. The mode in which its powers, privileges, and immunities may be exercised and upheld:
  • II. The order and conduct of its business and proceedings either separately or jointly with the other House. (115.)

Part V.—Powers of the Parliament.

note note

51. The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to (82, 128, 131, 136):

  • I. Trade and commerce with other countries, and among (198) the States (143, 180, 197, 290):
  • II. Taxation (297); but so as not to discriminate (184) between States (282) or parts of States (131, 180, 181):
  • III. Bounties on the production or export of goods, but so that such bounties shall be uniform throughout the Commonwealth (131, 180):
  • IV. Borrowing money on the public credit of the Commonwealth (180):
  • V. Postal, telegraphic, telephonic, and other like services (142):
  • VI. The naval and military defence of the Commonwealth and of the several States, and the control of the forces to execute and maintain the laws of the Commonwealth (141):
  • VII. Light-houses, light-ships, beacons and buoys (142):
  • VIII. Astronomical and meteorological observations (142):
  • IX. Quarantine (142):
  • X. Fisheries in Australian waters beyond territorial limits (143):
  • XI. Census and statistics (142):
  • XII. Currency, coinage, and legal tender (149):
  • 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 (145, 198):
  • XIV. Insurance, other than State insurance; also State insurance extending beyond the limits of the State concerned (146):
  • XV. Weights and measures (146):



  •   ― 344 ―
  • XVI. Bills of exchange and promissory notes (146, 198):
  • XVII. Bankruptcy and insolvency (146, 198):
  • XVIII. Copyrights (147, 148), patents of inventions and designs, and trade marks (147, 148):
  • XIX. Naturalization and aliens (144):
  • XX. Foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth (148):
  • XXI. Marriage (149):
  • XXII. Divorce and matrimonial causes; and in relation thereto, parental rights, and the custody and guardianship of infants (149):
  • XXIII. Invalid and old-age pensions (156):
  • XXIV. The service and execution throughout the Commonwealth of the civil and criminal (156) process and the judgments of the courts of the States (152, 156, 157):
  • XXV. The recognition throughout the Commonwealth of the laws, the public acts and records, and the judicial proceedings of the States (152, 155-157):
  • XXVI. The people of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws (144):
  • XXVII. Immigration and emigration (144):
  • XXVIII. The influx of criminals (144):
  • XXIX. External affairs (142):
  • XXX. The relations of the Commonwealth with the islands of the Pacific (144, 145):
  • XXXI. The acquisition of property on just terms (159) from any State or person for any purpose (159) in respect of which the Parliament has power to make laws (159):
  • XXXII. The control of railways with respect to transport for the naval and military purposes of the Commonwealth (141):
  • XXXIII. The acquisition, with the consent of a State (134), of any railways of the State on terms arranged between the Commonwealth and the State (157):
  • XXXIV. Railway construction and extension in any State with the consent (134) of that State (157, 158):
  • XXXV. Conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State (156):
  • XXXVI. Matters in respect of which this Constitution makes provision until the Parliament otherwise provides (106, 160, 194):
  • 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


      ― 345 ―
    Parliaments the matter is referred, or which afterwards adopt the law (134, 158):
  • XXXVIII. The exercise within the Commonwealth, at the request or with the concurrence of the Parliaments of all the States directly concerned (134), of any power which can at the establishment of this Constitution (158) be exercised only by the Parliament of the United Kingdom or by the Federal Council of Australasia (158, 159):
  • XXXIX. Matters incidental to the execution of any power vested by this Constitution in the Parliament or in either House thereof, or in the Government of the Commonwealth, or in the Federal Judicature, or in any department or officer of the Commonwealth (90, 160):
note

52. The Parliament shall, subject to this Constitution, have exclusive power (135, 136, 309) to make laws for the peace, order, and good government of the Commonwealth with respect to (162):

  • I. The seat of Government of the Commonwealth, and all places acquired by the Commonwealth for public purposes (71, 162, 312):
  • II. Matters relating to any department of the public service the control of which is by this Constitution (163) transferred to the Executive Government of the Commonwealth (141, 163, 180, 195):
  • III. Other matters declared by this Constitution to be within the exclusive power of the Parliament (69, 128, 164):
note

53. Proposed laws (177) appropriating (120) 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.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government. (119.)

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people. (119.)

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


  ― 346 ―
it thinks fit make any of such omissions or amendments, with or without modifications. (119.)

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws. (120.)

54. The proposed law (177) which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation. (120, 121.)

note

55. Laws (177) imposing taxation shall deal only with the imposition of taxation (178), and any provision therein dealing with any other matter shall be of no effect.

note

Laws imposing taxation, except laws imposing duties of customs or of excise, shall deal with one subject of taxation only (178), but laws imposing duties of customs (178) shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only. (120, 121.)

56. A vote, resolution, or proposed law (177) 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. (95, 116, 118.)

note

57. If the House of Representatives passes any proposed law (125, 177), and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree (318), and if after an interval of three months (125) 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 (98, 125) and the House of Representatives simultaneously (99). 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.

note

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. (125.)

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


  ― 347 ―
other, and any such amendments which are affirmed by an absolute majority (318) 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. (126, 319.)

58. When a proposed law (177), 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 (95), but subject to this Constitution (95, 96), that he assents in the Queen's name (95), or that he withholds assent, or that he reserves the law for the Queen's pleasure.

note

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.

note

59. The Queen may disallow any law (178) 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. (97.)

note

60. A proposed law reserved for the Queen's pleasure shall not have any force unless (178) 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. (247.)

note
previous
next