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THE AUSTRALIAN
CONSTITUTION AND THE POWER OF THE REFERENDUM.
Constitution? Yes
we do have one! It is reprinted (in part) below.
The
Australian Constitution was adopted in 1900 and generally speaking has
served the country well.
But
if our constitution is truly the first building block of our
nation
and the touchstone of our democracy, why is it not on view, or at the
very
least available, in every school and public library? Why is it so
difficult for people to source a copy? The answer is that many of
the hopes, wishes, intentions and safeguards
embodied
in it are a real threat to power hungry politicians, vested
interest
groups, and a fat over comfortable, public service bureaucracy.
The
fact is that the Australian Parliament exists because a majority of
electors (the people) in all of the states agreed to it
being
formed. The parliament was formed to serve the people.
The
politicians are elected to serve the people.
The
people are not there to serve parliament, or the law, or the tax
man!
We are not dumb pack animals plodding from cradle to grave in the
service
of politicians, bankers, vested interests and crafty self serving,
empire
building, bureaucrats. On the contrary they are all there to
serve
us. Under Global Action (Australia) all politicians
and
bureaucrats will be forced once again to come into
submission
to the will of the people because Global Action (Australia) demands
smaller and more direct government and will frequently
use
the power of the referendum to gauge the will of the people.
Many
political movements and parties speak longingly, almost wistfully,
about
holding more referenda as though they are some kind of creature of dim
distant mythology. They are at least partly right - governments
would
love to relegate them to the realms of mythology. Yet, the
referendum
is one of the most powerful tools available to the people.
That
is why successive governments have run a mile from holding them - they
are a threat because they manifestly, openly, and definitively
express
the real will of the people on a particular issue at a given
point
in time and once voted upon, no government dare oppose or act in
opposition
to such a decisive decision making tool.
It
is the responsibility of the people to defend
government
"of the people by the people for the people." But how do we do
that?
Eternal vigilance!
The
first tool to hand is the referendum! Other countries employ them
extensively and very successfully.
Switzerland
has used referenda for over a hundred years (since 1848) to directly
settle over 500 national issues. 300 of these referendums were
brought
on by the people themselves. They are called Citizen
Initiated
Referendums - and Australia can legally hold these too!
There,
the people rejected both value added tax (GST) and initial
membership
to the United Nations. The views of the people were emphatically
expressed and no Swiss government now dares to challenge those results.
But
what happened with the GST in Australia? John Howard slid it into
law by stealth, against the wishes of the majority of people
and in the process turned every business man and woman in the country
into
an unpaid employee for the government - a tax gather - and all of this
after he said he would never re-introduce a Goods and Services
Tax!
On the GST our Prime Minister is a proven bare faced liar.
Was
there a referendum on the GST? Not likely. Howard knew he
must
do it by stealth.
Both
major parties bleat that referendums are too expensive. Sure they
are - if you have one every ten years!
In
1991 the Italian people used a citizens initiated referendum to
halt rampant government corruption by criminal elements. Sounds
like
a great idea for Australia.
In
the USA many states hold referenda to resolve issues.
GLOBAL
ACTION (AUSTRALIA) will introduce an inexpensive, tamper proof, twenty
first century electronic referendum system enabling the will of
the people to be heard immediately on major issues such as:
a. Corruption - especially political,
insurance,
banking and police.
b. Immigration policy.
c. The GST.
d. Personal Tax
e. Telstra, telecommunications and media
ownership.
f. Other issues as they gain prominence
and
demand a public expression of views.
g. Fair Trading/restrictive trading.
h. Halting the madness of privatisation
by defining (once and for all) utilities that in the national
interest
must remain under the firm control of government (eg power
utilities,
roads, rail, post, water,
telecommunications, prisons...)
The
issue of constitutional reform will gain critical importance
and prominence if or when Australia moves in the direction of becoming
a republic.
Also
See: MONARCHY
REPUBLICANISM
____________________________________________________________________________________
Australia - Constitution
{ Adopted in: 1900 }
{ In force since: 1 Jan 1901 }
{ ICL Document Status: 1988 }
{ Editor's Note
The Constitution was adopted as a schedule to the Commonwealth of
Australia Constitution Act, 63 & 64 Vict Chapter 12 of the year
1900.
}
Chapter I The Parliament
Part I General
Section 1 [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 2 [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 3 [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 4 [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 5 [Convening Parliament]
(1) 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.
(2) 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.
(3) The Parliament shall by summoned to meet not later than six months
after the
establishment of the Commonwealth.
Section 6 [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 7 [Senators]
(1) 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.
(2) 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.
(3) 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.
(4) 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 8 [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 9 [Electoral Method]
(1) 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.
(2) The Parliament of a State may make laws for determining the times
and
places
of elections of senators for the State.
Section 10 [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 11 [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 12 [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 13 [Term]
(1) 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.
(2) The election to fill vacant places shall be made within one year
before
the places
are to become vacant.
(3) 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 14 [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 15 [Vacancies]
(1) 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 Executive 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.
(2) 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.
(3) 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 having 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 21 of this Constitution.
(4) The name of any senator chosen or appointed under this section
shall
be
certified by the Governor of the State to the Governor-General.
(5) 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) 1977 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.
(6) A senator holding office at the commencement of the Constitution
Alteration
(Senate Casual Vacancies) 1977, 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.
(7) Subject to the next succeeding paragraph, a senator holding office
at the
commencement of the Constitution Alteration (Senate Casual Vacancies)
1977
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.
(8) If, at or before the commencement of the Constitution Alteration
(Senate
Casual
Vacancies) 1977, a law to alter the Constitution entitled "Constitution
Alteration
(Simultaneous Elections) 1977" 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 16 [Qualification of Senators]
The qualifications of a senator shall be the same as those of a member
of the
House of Representatives.
Section 17 [President of the Senate]
(1) 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.
(2) 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 18 [Vice-President]
Before or during any absence of the President, the Senate may choose a
senator to
perform his duties in his absence.
Section 19 [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 20 [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 21 [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 22 [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 23 [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 24 [Number of Representatives]
(1) 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.
(2) 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.
(3) But notwithstanding anything in this section, five members at least
shall be
chosen in each Original State.
Section 25 [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 26 [First Election]
(1) Notwithstanding anything in Section 24, the number of members to be
chosen in
each State at the first election shall he as follows:
New South Wales: 23
Victoria: 20
Queensland: 9
South Australia: 6
Tasmania: 5.
(2) Provided that if Western Australia is an Original State, the
numbers
shall be as
follows:
New South Wales: 26
Victoria: 23
Queensland: 9
South Australia: 7
Western Australia: 5
Tasmania: 5.
Section 27 [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 28 [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 29 [Eligibility, Electorate]
(1) 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.
(2) In the absence of other provision, each State shall be one
electorate.
Section 30 [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 31 [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 32 [Writs for General Elections]
(1) The Governor-General in Council may cause writs to be issued for
general
elections of members of the House of Representatives.
(2) 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 33 [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 34 [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 21 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 35 [Speaker]
(1) 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.
(2) 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 36 [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 37 [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 38 [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 39 [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 40 [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 41 [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 42 [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 43 [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 44 [Exclusion from Eligibility]
(1) 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 undischarged 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.
(2) 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 45 [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 46 [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 47 [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 48 [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 49 [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 50 [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 51 [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 execute 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 conscription),
benefits
to
students and family allowances;
(xxiv) The service and execution 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 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.
Section 52 [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 Executive Government of the
Commonwealth:
(iii) Other matters declared by this Constitution to be within the
exclusive
power of
the Parliament.
Section 53 [Tax Laws]
(1) 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.
(2) The Senate may not amend proposed laws imposing taxation, or
proposed
laws
appropriating revenue or moneys for the ordinary annual services of the
Government.
(3) The Senate may not amend any proposed law so as to increase any
proposed
charge or burden on the people.
(4) 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.
(5) Except as provided in this section, the Senate shall have equal
power
with the
House of Representatives in respect of all proposed laws.
Section 54 [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 55 [Exclusive Content of Revenue Laws]
(1) 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.
(2) 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 56 [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 57 [Legislative Conflicts]
(1) 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.
(2) 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.
(3) 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 58 [Governor's Assent, Reservation, or Veto]
(1) 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.
(2) 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 59 [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 60 [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 Executive Government
Section 61 [Head of Government]
The executive 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 execution and maintenance of this Constitution, and of the laws of
the
Commonwealth.
Section 62 [Federal Executive Council]
There shall be a Federal Executive 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 Executive
Councillors,
and
shall hold office during his pleasure.
Section 63 [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 Executive Council.
Section 64 [Ministers of State]
(1) The Governor-General may appoint officers to administer such
departments
of
State of the Commonwealth as the Governor-General in Council may
establish.
(2) Such officers shall hold office during the pleasure of the
Governor-General.
They
shall be members of the Federal Executive
Council, and shall be the Queen's Ministers of State for the
Commonwealth.
(3) 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 65 [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 66 [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 67 [Appointment and Removal of Officers]
Until the Parliament otherwise provides, the appointment and removal of
all other
officers of the Executive 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 68 [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 69 [Departments of Public Service]
(1) 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.
(2) But the departments of customs and of excise in each State shall
become
transferred to the Commonwealth on its establishment.
Section 70 [Transfer of Old Powers]
In respect of matters which, under this Constitution, pass to the
Executive
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 Executive 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 71 [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 creates, 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 72 [Appointment, Removal, and Term of Justices]
(1) The Justices of the High Court and of the other courts created 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.
(2) 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.
(3) The appointment of a Justice of a court created 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.
(4) Subject to this section, the maximum age for Justices of any court
created by
the Parliament is seventy years.
(5) The Parliament may make a law fixing an age that is less than
seventy
years as
the maximum age for Justices of a court created 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.
(6) A Justice of the High Court or of a court created by the Parliament
may resign
his office by writing under his hand delivered to the Governor-General.
(7) Nothing in the provisions added to this section by the Constitution
Alteration
(Retirement of Judges) 1977 affects the continuance of a person in
office
as a
Justice of a court under an appointment made before the commencement of
those
provisions.
(8) A reverence in this section to the appointment of a Justice of the
High Court or of
a court created 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
created by the Parliament to another office of Justice of the same
court
having a
different status or designation.
Section 73 [Jurisdiction of the High Court]
(1) 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.
(2) 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.
(3) 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 74 [Supreme Jurisdiction of the High Court]
(1) 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.
(2) 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.
(3) 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 75 [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 76 [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 77 [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 78 [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 79 [Number of Judges]
The federal jurisdiction of any court may be exercised by such number
of
judges as
the Parliament prescribes.
Section 80 [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 81 [Consolidated Revenue Fund]
All revenues or moneys raised or received by the Executive 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
charges
and
liabilities imposed by this Constitution.
Section 82 [Deduction of Administrative Expenses]
The costs, charges, and expenses incident to the collection,
management,
and
receipt of the Consolidated Revenue Fund shall form the first charge
thereon;
and
the revenue of the Commonwealth shall in the first instance be applied
to the
payment of the expenditure of the Commonwealth.
Section 83 [Rule of Law for Expenditure]
(1) No money shall be drawn from the Treasury of the Commonwealth
except
under
appropriation made by law.
(2) 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 84 [Transfer of Officers]
(1) 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 Executive Government of the Commonwealth.
(2) 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.
(3) 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.
(4) 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 Executive 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 85 [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 86 [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 Executive Government of the Commonwealth.
Section 87 [Sharing of Revenue]
(1) 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.
(2) 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 88 [Uniform Duties of Customs]
Uniform duties of customs shall be imposed within two years after the
establishment of the Commonwealth.
Section 89 [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 90 [Exclusive Power to Impose Duties of Customs]
(1) 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.
(2) 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 91 [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 92 [No Internal Borders]
(1) 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.
(2) 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 chargeable on the importation of such goods into the Commonwealth,
less any
duty paid in respect of the goods on their importation.
Section 93 [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
chargeable 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 94 [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 95 [Western Australia Customs]
(1) 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.
(2) But any duty so imposed on any goods shall not exceed during the
first
of such
years the duty chargeable 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.
(3) 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 96 [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 97 [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 98 [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 99 [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 100 [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 101 [Inter-State Commission]
There shall be an Inter-State Commission, with such powers of
adjudication
and
administration as the Parliament deems necessary for the execution and
maintenance, within the Commonwealth, of the provisions of this
Constitution
relating to trade and commerce, and of all laws made thereunder.
Section 102 [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 103 [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 104 [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 105 [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 105a [Consolidation Agreements]
(1) 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.
(2) The Parliament may make laws for validating any such agreement made
before
the commencement of this section.
(3) The Parliament may make laws for the carrying out by the parties
thereto
of any
such agreement.
(4) Any such agreement may be varied or rescinded by the parties
thereto.
(5) 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.
(6) The powers conferred by this section shall not be construed as
being
limited in
any way by the provisions of Section 105 of this Constitution.
Chapter V The States
Section 106 [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 107 [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 108 [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 109 [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 110 [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
executive
office
or administrator of the government of the State.
Section 111 [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 112 [Inspection Charges 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 charges as
may be
necessary for executing the inspection laws of the State; but the net
produce
of all
charges 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 113 [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 114 [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 115 [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 116 [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 117 [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 118 [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 119 [Protection of the States]
The Commonwealth shall protect every State against invasion and, on the
application of the Executive Government of the State, against domestic
violence.
Section 120 [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 121 [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 122 [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 123 [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 124 [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
union 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 125 [Seat of Government]
(1) 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.
(2) 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.
(3) The Parliament shall sit at Melbourne until it meets at the seat of
Government.
Section 126 [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 127 {...}
Chapter VIII Alteration of the Constitution
Section 128 [Method of Constitutional Alteration]
This Constitution shall not be altered except in the following manner:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) In this section "Territory" means any territory referred to in
Section
122 of this
Constitution in respect of which there is a law in force allowing its
representation
in
the House of Representatives.
Also
see: BILL
OF RIGHTS
JUSTICE
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