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