The Kings Diction

Australian Imperial Crown

Judicature - Constitution Act

Commonwealth of Australia Constitution Act July 1900 UK/PGA

Original Kings Printer - Local Mirror

Original Kings Printer - United Kingdom of Great Britain and Ireland

9. Constitution

The Constitutionof the Commonwealth shall be as follows:---

THE CONSTITUTION

This Constitution is divided as follows:-

• Chapter I.-The Parliament:
• Part I.--General:
• 1. Legislative Power
• 2. Governor-General
• 3. Salary of Governor-General
• 4. Provisions relating to Governor-General
• 5. Sessions of Parliament. Prorogration and dissolution. Summoning Parliament.
• 6. Yearly Session of Parliament
• Part II.-The Senate:
• 7. The Senate
• 8. Qualification of electors
• 9. Method of election of senators
• 10. Application of State Laws
• 11. Failure to choose Senators
• 12. Issue of Writs
• 13. Rotation of Senators
• 14. Further provision for rotation
• 15. Casual Vacancies
• 16. Qualifications of senator
• 17. Election of President
• 18. Absence of President
• 19. Resignation of senator
• 20. Vacancy by absence
• 21. Vacancy to be notified
• 22. Quorum
• 23. Voting in Senate
• Part III.-The House of Representatives:
• 24. Constitution of House of Representatives
• 25. Provisions as to races disqualified from voting
• 26. Representatives in first Parliament
• 27. Alteration of number of members
• 28. Duration of House of Representatives
• 29. Electoral divisions
• 30. Qualification of electors
• 31. Application of State Laws
• 32. Writs for general election
• 33. Writs for vacancies
• 34. Qualifications of members
• 35. Election of Speaker
• 36. Absence of Speaker
• 37. Resigation of member
• 38. Vacancy by absence
• 39. Quorum
• 40. Voting in House of Representatives
• Part IV.-Both Houses of the Parliament:
• 41. Right of electors of States
• 42. Oath or affirmation of allegiance
• 43. Member of one house ineligible for other
• 44. Disqualification
• 45. Vacancy on happening of disqualification
• 46. Penalty for sitting when disqualified
• 47. Disputed elections
• 48. Allowance to members
• 49. Priviledges, &c of Houses
• 50. Rules and orders
• Part V.-Powers of the Parliament :
• 51. Legislative powers of Parliament
• 52. Exclusive powers of Parliament
• 53. Powers of the Houses in respect of legislation
• 54. Appropriation Bills
• 55. Tax Bill
• 56. Recomendation of money votes
• 57. Disagreement between the Houses
• 58. Royal sssent to Bills, Recomendations by Governor-General
• 59. Disallowance by the Queen
• 60. Signification of Queen's pleasure on Bills reserved
• Chapter II.-The Executive Government :
• 61. Executive power
• 62. Federal Executive Council
• 63. Provisions referring to Governor-General
• 64. Ministers of State, Ministers to sit in Parliament
• 65. Number of Ministers
• 66. Salaries of Ministers
• 67. Appointment of civil servants
• 68. Command of navel or military forces
• 69. Transfer of certain departments
• 70. Certain powers of Governors to vest in Governor-General
• Chapter III.-The Judicature :
• 71. Judicial power and Courts
• 72. Judges appointment, tenure, and remuneration
• 73. Appellate Jurisidction of High Court
• 74. Appeal to Queen in Council
• 75. Original Jurisdiction of High Court
• 76. Additional original jurisdiction
• 77. Power to define jurisdiction
• 78. Proceedings against Commonwealth or State
• 79. Number of judges
• 80. Trial by jury
• Chapter IV.-Financeand Trade :
• 81. Consolidated Revenue Fund
• 82. Expenditure charged thereon
• 83. Money to be appropriated by law
• 84. Transfer of officers
• 85. Transfer of property of State
• 86.
• 87.
• 88. Uniform duties of customs
• 89. Payment to State before uniform duties
• 90. Exclusive power of customs, excise and duties
• 91. Exceptions as to bounties
• 92. Trade within the Commonwealth to be free
• 93. Payment to States for five years after uniform tariff
• 94. Distribution of surplus
• 95. Customs duties of Western Australia
• 96. Financial assistance to States
• 97. Audit
• 98. Trade and commerce inludes navigation and State railways
• 99. Commonwealth not to give preference
• 100. Nor abridge right to use water
• 101. Inter-State Commission
• 102. Parliament may forbid preferences to State
• 103. Commissioners appointment, tenure and remuneration
• 104. Saving of certain rates
• 105. Taking over public debts of states
• Chapter V.-The States ;
• 106. Saving of constitutions
• 107. Saving of power of State Parliaments
• 108. Saving of State laws
• 109. Inconsitency of laws
• 110. Provisions referring to Governor
• 111. States may surrender territory
• 112. States may levy charges for inspection laws
• 113. Intoxicating liquids
• 114. States may not raise forces, Taxation of property of Commonwealth or State
• 115. States not to coin money
• 116. Commonwealth not to legislate in respect of religion
• 117. Rights of residents in States
• 118. Recognition of laws, &c, of States
• 119. Protection of States from invasion and violence
• 120. Custody of offenders against laws of the Commonwealth
• Chapter VI.-New States:
• 121. New states may be admitted or established
• 122. Government of territories
• 123. Alteration of limits of States
• 124. Formation of new States
• Chapter VII.---Miscellaneous:
• 125. Seat of Government
• 126. Power to Her Majesty to authorize Governor-General to appoint deputies
• 127. Aborigines not to be counted in reckoning the population
• Chapter VIII.-Alteration of the Constitution.
• 128. Mode of altering the Constitution
• Schedule
• Shedule