The Constitution of Australia

Commonwealth of Australia Constitution Act

An Act to constitute the Commonwealth of Australia

This Constitution is divided as follows:

Covering Clause

Chapter I—The Parliament
Part I—General
Part II—The Senate
Part III—The House of Representatives
Part IV—Both Houses of the Parliament
Part V—Powers of the Parliament
Chapter II—The Executive Government
Chapter III—The Judicature
Chapter IV—Finance and Trade
Chapter V—The States
Chapter VI—New States
Chapter VII—Miscellaneous
Chapter VIII—Alteration of the Constitution
The Schedule

Commonwealth of Australia Constitution Act-1900

  • Covering Clauses
    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, prorogation and dissolution
        Summoning Parliament
        First session
      6. Yearly session of Parliament
    • Part II – The Senate
      1. The Senate
      2. Qualification of electors
      3. Method of election of senators
        Times and places
      4. Application of State laws
      5. Failure to choose senators
      6. Issue of writs
      7. Rotation of senators
      8. Further provision for rotation
      9. Casual vacancies
      10. Qualifications of senator
      11. Election of President
      12. Absence of President
      13. Resignation of senator
      14. Vacancy by absence
      15. Vacancy to be notified
      16. Quorum
      17. Voting in Senate
    • Part III – The House of Representatives
      1. Constitution of House of Representatives
      2. Provisions as to races disqualified from voting
      3. Representatives in first Parliament
      4. Alteration of number of members
      5. Duration of House of Representatives
      6. Electoral divisions
      7. Qualification of electors
      8. Application of State laws
      9. Writs for general election
      10. Writs for vacancies
      11. Qualifications of members
      12. Election of Speaker
      13. Absence of Speaker
      14. Resignation of member
      15. Vacancy by absence
      16. Quorum
      17. Voting in House of Representatives
    • Part IV – Both Houses of the Parliament
      1. Right of electors of States
      2. Oath or affirmation of allegiance
      3. Member of one House ineligible for other
      4. Disqualification
      5. Vacancy on happening of disqualification
      6. Penalty for sitting when disqualified
      7. Disputed elections
      8. Allowance to members
      9. Privileges etc. of Houses
      10. Rules and orders
    • Part V – Powers of the Parliament
      1. Legislative powers of the Parliament
      2. Exclusive powers of the Parliament
      3. Powers of the Houses in respect of legislation
      4. Appropriation Bills
      5. Tax Bill
      6. Recommendation of money votes
      7. Disagreement between the Houses
      8. Royal assent to Bills
        Recommendations by Governor-General
      9. Disallowance by the Queen
      10. Signification of Queen’s pleasure on Bills reserved
  • Chapter II—The Executive Government
    1. Executive power
    2. Federal Executive Council
    3. Provisions referring to Governor-General
    4. Ministers of State
      Ministers to sit in Parliament
    5. Number of Ministers
    6. Salaries of Ministers
    7. Appointment of civil servants
    8. Command of naval and military forces
    9. Transfer of certain departments
    10. Certain powers of Governors to vest in Governor-General
  • Chapter III—The Judicature
    1. Judicial power and Courts
    2. Judges’ appointment, tenure and remuneration
    3. Appellate jurisdiction of High Court
    4. Appeal to Queen in Council
    5. Original jurisdiction of High Court
    6. Additional original jurisdiction
    7. Power to define jurisdiction
    8. Proceedings against Commonwealth or State
    9. Number of judges
    10. Trial by jury
  • Chapter IV—Finance and Trade
    1. Consolidated Revenue Fund
    2. Expenditure charged thereon
    3. Money to be appropriated by law
    4. Transfer of officers
    5. Transfer of property of State
    6. [Customs, excise, and bounties]
    7. [Revenue from customs and excise duties]
    8. Uniform duties of customs
    9. Payment to States before uniform duties
    10. Exclusive power over customs, excise, and bounties
    11. Exceptions as to bounties
    12. Trade within the Commonwealth to be free
    13. Payment to States for five years after uniform tariffs
    14. Distribution of surplus
    15. Customs duties of Western Australia
    16. Financial assistance to States
    17. Audit
    18. Trade and commerce includes navigation and State railways
    19. Commonwealth not to give preference
    20. Nor abridge right to use water
    21. Inter-State Commission
    22. Parliament may forbid preferences by State
    23. Commissioners’ appointment, tenure, and remuneration
    24. Saving of certain rates
    25. Taking over public debts of States
    26. Agreements with respect to State debts
  • Chapter V—The States
    1. Saving of Constitutions
    2. Saving of power of State Parliaments
    3. Saving of State laws
    4. Inconsistency of laws
    5. Provisions referring to Governor
    6. States may surrender territory
    7. States may levy charges for inspection laws
    8. Intoxicating liquids
    9. States may not raise forces. Taxation of property of Commonwealth or State
    10. States not to coin money
    11. Commonwealth not to legislate in respect of religion
    12. Rights of residents in States
    13. Recognition of laws etc. of States
    14. Protection of States from invasion and violence
    15. Custody of offenders against laws of the Commonwealth
  • Chapter VI—New States
    1. New States may be admitted or established
    2. Government of territories
    3. Alteration of limits of States
    4. Formation of new States
  • Chapter VII—Miscellaneous
    1. Seat of Government
    2. Power to Her Majesty to authorise Governor-General to appoint deputies
    3. [Repealed by No.55 of 1967, section 3]
  • Chapter VIII—Alteration of the Constitution
    1. Mode of altering the Constitution
  • Schedule
    • Oath
    • Affirmation