COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - NOTES
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - NOTES
Compilation No. 6
Compilation date: 29 July 1977
Includes amendments up to: Act No. 84, 1977
Registered: 18 November 2021
About this compilation
This compilation
This is a compilation of the Commonwealth of Australia Constitution Act that shows the text of the law as amended and in force on 29 July 1977 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Contents
1. Short title.
2. Act to extend to the Queen's successors.
3. Proclamation of Commonwealth.
4. Commencement of Act.
5. Operation of the Constitution and laws.
6. Definitions.
7. Repeal of Federal Council Act.
8. Application of Colonial Boundaries Act.
9. Constitution.
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.
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. Provision 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. Resignation 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. Privileges, &c. of Houses.
50. Rules and orders.
Part V.--Powers of the Parliament.
51. Legislative powers of the Parliament.
52. Exclusive powers of the Parliament.
53. Powers of the Houses in respect of legislation.
54. Appropriation Bills.
55. Tax Bill.
56. Recommendation of money votes.
57. Disagreement between the Houses.
58. Royal assent to Bills.
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.
65. Number of Ministers.
66. Salaries of Ministers.
67. Appointment of civil servants.
68. Command of naval and 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 jurisdiction 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.--Finance and 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 States before uniform duties.
90. Exclusive power over customs, excise, and bounties.
91. Exceptions as to bounties.
92. Trade within the Commonwealth to be free.
93. Payment to States for five years after uniform Tariffs.
94. Distribution of surplus.
95. Customs duties of Western Australia.
96. Financial assistance to States.
97. Audit.
98. Trade and commerce includes 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 by State.
103. Commissioners' appointment, tenure, and remuneration.
104. Saving of certain rates.
105. Taking over public debts of States.
105A. Agreements with respect to State debts.
Chapter V.--The States.
106. Saving of Constitutions.
107. Saving of Power of State Parliaments.
108. Saving of State laws.
109. Inconsistency 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 authorise Governor-General to appoint deputies.
Chapter VIII.--Alteration of the Constitution.
128. Mode of altering the Constitution.
SCHEDULE.
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
ad = added or inserted | prev = previous |
am = amended | (prev ... ) = previously |
amdt = amendment | Pt = Part(s) |
c = clause(s) | r = regulation(s)/rule(s) |
C[x] = Compilation No. x | reloc = relocated |
Ch = Chapter(s) | renum = renumbered |
def = definition(s) | rep = repealed |
Dict = Dictionary | rs = repealed and substituted |
Div = Division(s) | s = section(s)/subsection(s) |
exp = expires/expired or ceases/ceased to have | Sch = Schedule(s) |
effect | Sdiv = Subdivision(s) |
F = Federal Register of Legislation | SLI = Select Legislative Instrument |
gaz = gazette | SR = Statutory Rules |
mod = modified/modification | Sub-Ch = Sub-Chapter(s) |
No. = Number(s) | SubPt = Subpart(s) |
o = order(s) | underlining = whole or part not |
orig = original | commenced or to be commenced |
par = paragraph(s)/subparagraph(s) |
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Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
The Constitution |
|
| 1 Jan 1901 |
|
Constitution Alteration (Senate Elections) 1906 | 1, 1907 | 3 Apr 1907 | 3 Apr 1907 | |
Constitution Alteration (State Debts) 1909 | 3, 1910 | 6 Aug 1910 | 6 Aug 1910 | -- |
Constitution Alteration (State Debts) 1929 | 1, 1929 | 13 Feb 1929 | 13 Feb 1929 | -- |
Constitution Alteration (Social Services) 1946 | 81, 1946 | 19 Dec 1946 | 19 Dec 1946 | -- |
Constitution Alteration (Aboriginals) 1967 | 55, 1967 | 10 Aug 1967 | 10 Aug 1967 | -- |
Constitution Alteration (Senate Casual Vacancies) 1977 | 82, 1977 | 29 July 1977 | 29 July 1977 | -- |
Constitution Alteration (Retirement of Judges) 1977 | 83, 1977 | 29 July 1977 | 29 July 1977 | -- |
Constitution Alteration (Referendums) 1977 | 84, 1977 | 29 July 1977 | 29 July 1977 | -- |
Provision affected | How affected |
Chapter I |
|
Part II |
|
s 13.................... | am No. 1, 1907 |
s 15.................... | rs No. 82, 1977 |
Part V |
|
s 51.................... | am No. 81, 1946; No. 55, 1967 |
Chapter III |
|
s 72.................... | am No. 83, 1977 |
Chapter IV |
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s 105................... | am No. 3, 1910 |
s 105A.................. | ad No. 1, 1929 |
Chapter VII |
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s 127................... | rep No. 55, 1967 |
Chapter VIII |
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s 128................... | am No. 84, 1977 |