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COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT

Table of Provisions

  • 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.  
  • 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.

 

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