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Constitution (Requests)
CONSTITUTION (REQUESTS) BILL 1999
EXPLANATORY NOTES
Title of the Bill
Constitution (Requests) Bill 1999
Policy Objectives of the Bill
To assist the Commonwealth Parliament to make amendments to the
Commonwealth of Australia Constitution Act 1900 that would otherwise be
in conflict with a republicanised Constitution if the November referendum is
carried.
Reasons for the Bill
The February 1998 Constitutional Convention supported the adoption of
a republican system of government based on a `bipartisan appointment of
the President model' and recommended that the model, and other related
changes be put to the people at a constitutional referendum. At the close of
the Convention the Prime Minister confirmed that the preferred model
would be put to a referendum in 1999.
Exposure drafts of the Bills to give effect to certain of the Convention's
resolutions on a republic were released on 9 March 1999. Those Bills are
the Constitution Alteration (Establishment of Republic) Bill 1999 and the
Presidential Nominations Committee Bill 1999. Generally these two Bills
provide for the appointment of a President as head of State and the removal
of monarchical references from the Constitution. The Convention also
resolved that the Constitution proper should include its own preamble,
noting that the existing preamble and covering clauses would remain intact
and any provisions which have continuing force should be moved into the
Constitution itself and those which do not should be repealed.
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Constitution (Requests)
The Commonwealth's Constitution Alteration (Establishment of
Republic) Bill 999 moves the operative parts of covering clauses 5 and 6 to
new sections 126 and 127 of the Constitution. However, the Bills do not
implement the Convention's resolutions regarding the repeal of those parts
of the preamble and covering clauses which are now spent or have no
continuing force.
The Constitution of the Commonwealth of Australia is contained in s.9
of the Commonwealth of Australia Constitution Act 1900 of the Parliament
of the United Kingdom (the Constitution Act). With the passage of the
Australia Acts in 1986 the power of the Parliament of the United Kingdom
to make any amendments to the Constitution Act in so far as they can be
applied to Australia was terminated.
Although the Commonwealth Parliament may repeal or amend any Act
of the Parliament of the United Kingdom in so far as it is part of the law of
the Commonwealth, it is specifically prevented from amending the
Constitution Act by the operation of s.8 of the Statute of Westminster 1931.
However, s.15(1) of the Australia Acts provides that the Statute of
Westminster 1931 may be amended by an Act of the Commonwealth
Parliament passed at the request of the Parliaments of all six States.
This Bill, and similar Bills from each of the States, request the enactment
by the Parliament of the Commonwealth of an Act that amends the
Constitution Act by omitting the preamble and repealing ss.2 to 8 inclusive
of that Act.
Estimated Costs for Government Implementation
The Bill is a request to the Commonwealth Parliament and will have no
implementation costs.
Consistency with Fundamental Legislative Principles
The Bill is consistent with fundamental legislative principles as outlined
in s.4 of the Legislative Standards Act 1992.
Consultation
All State Governments have collaborated on the development of this Bill.
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Constitution (Requests)
NOTES ON CLAUSES
Short Title
Clause 1 sets out the short title of the Act--the Constitution (Requests)
Act 1999.
Clause 2 provides that the commencement of the requested amendments
to the above Acts must be on the day after the day on which the
Commonwealth's Constitution Alteration (Establishment of Republic) Bill
1999 receives Royal Assent. This ensures that, if the republic referendum is
not carried, the Act will have no operation and no power will be conferred
on the Commonwealth Parliament.
Clause 3 provides that the purpose of the Bill is to request the
amendment of the Statute of Westminster 1931 and the Commonwealth of
Australia Constitution Act 1900 in connection with proposed constitutional
arrangements to establish the Commonwealth of Australia as a republic.
Clause 4 requests the Commonwealth Parliament to enact legislation in,
or substantially in, the terms set out in the Schedule.
The Schedule contains the text of an Act of the Commonwealth
Parliament to amend the Statute of Westminster 1931 and the Constitution
Act. The Schedule has been drafted in accordance with Commonwealth
drafting style.
Section 2 of the Commonwealth Act provides that the Act cannot
commence before the Constitution Alteration (Establishment of Republic)
Bill 1999 receives Royal Assent.
Section 3 of the Commonwealth Act provides for the amendment of the
Acts specified in the Schedule to it, namely--
· the Statute of Westminster 1931--by providing that s.8 of that Act
does not prevent the omission of the preamble or the repeal
of ss.2 to 8 of the Constitution Act; and
· the Constitution Act--by omitting the preamble and repealing
ss.2 to 8.
© The State of Queensland 1999