Malcolm Turnbull’s Speech On Republican Virtues: Truth, Leadership & Responsibility

Malcolm Turnbull has delivered a speech on truth, leadership and responsibility in which he argues that there is a “deficit of trust” in the Australian political system.

Malcolm TurnbullThe speech is likely to cause a stir in the Liberal Party. By implication, Turnbull takes a swipe at his 1990s monarchists opponents, John Howard and Tony Abbott, over their campaign of “utterly dishonest misinformation” during the Republic referendum campaign.

Turnbull is dismissive of climate change denialists and the shock jocks who promote them. Again by implication, he attacks Alan Jones and others: “Dumbing down complex issues into sound bites, misrepresenting your or your opponent’s policy does not respect ‘Struggle Street’, it treats its residents with contempt.”

Turnbull is critical of Question Time in parliament. He says of the Opposition’s approach: “For the last two years the questions from the Opposition have been almost entirely focussed on people smuggling and the carbon tax. Are they really the only important issues facing Australia? A regular viewer of Question Time would be excused for thinking they were.”

Whilst Turnbull says the problem with Question Time is its focus on the Prime Minister, his comments will most likely be seen as a criticism of Abbott’s parliamentary tactics.

Text of Malcolm Turnbull’s George Winterton Lecture at the University of Western Australia.

Republican virtues: Truth, leadership and responsibility.

Tonight’s lecture honours the memory of a most virtuous republican, our friend George Winterton, who despite the inestimable love and prayers of his wife, Rosalind, died in 2008 at the far too young age of 61.

My topic for this lecture is “Republican virtues – truth, leadership and responsibility.”

I will weave together a little about the republican debate in which George and I were generally comrades in arms (although at times comrades at arms length) with some reflections on the decline of the news media, the not unrelated coarsening in the dialogue between politicians and those who elect them about choices and challenges we face as a community, and the resulting dismay with which far too many Australians currently view their parliaments.

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The visitor to Washington DC is quickly reminded that the founders of the American Republic were fascinated, intoxicated perhaps, with another republic, Rome.

Jefferson, entranced with a Roman temple in Nimes writes to his friend Madame de Tesse. “Here I am madam gazing whole hours at the maison quaree like a lover at his mistress.”

But it was not just the architecture of Rome that inspired the founders. Rejecting the British monarchy which oppressed them, and apprehensive of unbridled democracy, they appealed to the example of the noble Romans, the republican Romans, Cincinnatus, Fabius, Cato – men who had selflessly served the state and defended the rights of the people against tyranny just as the Pilgrims had opposed the established church.

Although separated by two thousand years, but very much alive in the libraries of New England, Puritans and Romans fused in the American imagination as a republic of virtue.

The American revolutionaries, common lawyers after all, reached back to a lost republic just as they were creating a brave new world of their own.

We will not linger tonight to debate again which virtues were republican or how they could be reflected in a constitution or whether, indeed, Jefferson was right in equating republican virtue with free farmers whose sturdy arcadian independence he contrasted with the wage slaves of the factories and emporiums of the city. [Read more…]

Paul Keating Interview On Sky News

This is a rare one-on-one extended interview with former Prime Minister Paul Keating.

It was shown on Sky News The Nation on December 15, 2011.

Amongst other topics, Keating talks about the state of current politics, Aboriginal reconciliation, the Republic issue, and his relationship with Bob Hawke.

Talking 110 Years of the Australian Constitution

I’ve just done a radio spot with Tim Shaw on Sydney’s 2UE, discussing the Australian Constitution which is 110 years old this weekend.

  • Click PLAY to listen to the discussion:

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The Queen’s Christmas Message 2010

Queen Elizabeth II has delivered her annual Christmas message to the Commonwealth.

Queen Elizabeth II Delivers Her 2010 Christmas Message

Queen Elizabeth II

The Queen’s broadcast focussed on the importance of sport in building communities and creating harmony.

The Queen said: “In the parks of towns and cities, and on village greens up and down the country, countless thousands of people every week give up their time to participate in sport and exercise of all sorts, or simply encourage others to do so.

These kinds of activity are common throughout the world and play a part in providing a different perspective on life.”

This year’s message was recorded at Hampton Court Palace. Normally, the messages are recorded at Buckingham Palace.

Click the PLAY button to listen to the Queen’s broadcast:

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King James Bible

The King James Bible referred to by the Queen in her Christmas message

Archbishop Peter Hollingworth Appointed Governor-General

THE FOLLOWING ANNOUNCEMENT IS ISSUED BY THE PRESS SECRETARY TO THE QUEEN

The Queen, on the recommendation of the Prime Minister of Australia, has been pleased to approve the appointment of the Most Reverend Peter Hollingworth AO, OBE, as the Governor-General of the Commonwealth of Australia. Archbishop Hollingworth will serve in succession to the Honourable Sir William Deane and will assume office on Friday, June 29 2001.

Background

Archbishop Hollingworth was born in Adelaide in 1935 and studied Arts and Theology at Trinity College, Melbourne.

Archbishop Hollingworth is a former Australian of the Year, and has been the Archbishop of Brisbane since 1990. His ministry with the Anglican Church has been paralleled by a close involvement in social welfare, most notably through his leadership roles in the Brotherhood of St Laurence.

Since April 2000, he has chaired the National Council for the Centenary of Federation.

Archbishop Hollingworth is married to Ann, a qualified physiotherapist. They have three daughters.

Released on Sunday, April 22, 2001

Victoria Becomes a NO State – Referendum Fails In All 6 States

Counting of postal and absentee votes has seen Victoria fall from a narrow YES vote to No in the republic referendum conducted last Saturday.

All States and Territories have recorded a drop in support as postal and absentees have been counted, confirming a long tradition of such votes tending to the conservative or No side of the political debate.

As a result of Saturday’s two polls, Australia has now experienced 44 referendums since Federation, of which only 8 have been passed – a success rate of 18%.

Republic Referendum Results
Updated 10/11/99
State YES % NO %
New South Wales 46.24 53.76
Victoria 49.66 50.34
Queensland 37.14 62.86
Western Australia 41.42 58.58
South Australia 43.29 56.71
Tasmania 40.07 59.93
A.C.T. 63.51 36.49
N.T. 49.20 50.80
TOTAL 44.91 55.09

REPUBLIC DEFEATED; “NO” VOTE IN ALL STATES EXCEPT VICTORIA

HOWARD’S PREAMBLE DECIMATED; ‘WE DID WHAT WAS RIGHT’, SAYS TURNBULL; BEAZLEY PROMISES CONTINUING CAMPAIGN

Republic Referendum Results
State YES % NO %
New South Wales 46.62 53.38
Victoria 50.10 49.90
Queensland 37.42 62.58
Western Australia 41.55 58.45
South Australia 43.65 56.35
Tasmania 40.16 59.84
A.C.T. 63.77 36.23
N.T. 49.79 50.21
TOTAL 45.28 54.72
Preamble Referendum Results
State YES % NO %
New South Wales 42.20 57.80
Victoria 42.72 57.28
Queensland 32.51 67.49
Western Australia 34.71 65.29
South Australia 38.23 61.77
Tasmania 35.27 64.73
A.C.T. 43.15 56.85
N.T. 38.01 61.99
TOTAL 39.37 60.63

The referendum for an Australian Republic has been defeated.

The most recent figures show that 45.28% of the nation’s voters have supported the republican minimalist model in yesterday’s referendum. Voters in the Australian Capital Territory supported a republic, but Victoria is the only State to record a narrow (50.10%) yes vote.

The referendum on the Preamble has fared worse, with support from only 39.88% of voters. No State or Territory has voted in favour.

Speaking after the result became clear, Australian Republican Movement chairman, Malcolm Turnbull, said the blame for the result lay with the Prime Minister, John Howard, whom he said had “broken this nation’s heart.” Turnbull said that republican supporters had done “what was right.” He told supporters that today was the proudest day of their lives, and when their children in years to come wanted to know why the Queen of England was the Australian Head of State they could proudly say they had voted for an Australian Head of State on November 6, 1999.

Opposition Leader Kim Beazley last night promised to revisit the republic issue, saying it was vital that the issue be taken out of the hands of its enemies.

Today, Beazley talked of an indicative plebiscite in conjunction with the election after next, followed by a vote on a specific model. This process could take up to 8 years.

Kerry Jones, speaking to monarchist supporters, claimed victory in the referendum, praised republicans as “good Australians”, called for national unity in the lead-up to the centenary of Federation. James Blundell gave the assembled supporters a rendition of the NO campaign’s song.

In the other poll yesterday, the Labor Party’s Anthony Byrne comfortably won the Holt by-election with 72.97% of the two-party-preferred vote.

Victorian and NSW Electorates Dominate YES vote

Nov 6 – 42 of Australia’s 148 Federal electorates, 28% of the total, supported the Yes vote in today’s referendum. 18 of these electorates (42%) were in Victoria, the only State to have recorded a narrow Yes vote. 15 Yes electorates were in NSW (36%). Only 7 electorates outside NSW and Victoria supported a Yes vote. There were 25 Labor electorates and 17 Liberal electorates that voted Yes.

This is a complete list of Federal electorates that voted Yes:

  • Tasmania (1/5): Denison 53.47%
  • South Australia (3/12): Adelaide 57.12%, Boothby 52.42%, Sturt 54.51%
  • Western Australia (1/14): Curtin 56.21%
  • Queensland 2/27: Brisbane 58.17%, Ryan 55.65%
  • Victoria (18/37): Aston 52.39%, Batman 62.41%, Bruce 54.86%, Calwell 54.52%, Chisholm 58.33%, Deakin 53.70%, Gellibrand 57.99%, Goldstein 57.70%, Higgins 64.23%, Hotham 54.95%, JagaJaga 57.5%, Kooyong 64.93%, Maribyrnong 57.51%, Melbourne 71.50%, Melbourne Ports 66.17%, Menzies 60.91%, Scullin 57.02%, Wills 59.71%
  • New South Wales (15/50): Barton 52.19%, Bennelong 54.99%, Berowra 52.58%, Bradfield 56.12%, Cunningham 53.98%, Fowler 52.50%, Grayndler 64.98%, Kingsford-Smith 55.84%, Lowe 57.04%, Newcastle 51.48%, North Sydney 61.75%, Sydney 68.14%, Warringah 54.57%, Watson 55.10, Wentworth 60.34%
  • A.C.T. (2/2): Canberra 62.50%, Fraser 65.04%

Queensland And Country Areas Dominate NO Vote

Nov 6 – Whilst 42 electorates (28%) of all federal electorates cast a YES vote on the republic, by contrast 52 electorates (35%) cast a NO vote in excess of 60%.

Queensland dominated the NO vote, 25 of its 27 electorates rejecting the referendum proposal. Of these, 19 electorates recorded a NO vote in excess of 60%.

Nine electorates recorded a NO vote in excess of 70%. Five of these were in Queensland. Most are outlying or remote rural electorates.

This is a complete list of electorates which cast NO votes in excess of 60%:

  • South Australia: Barker 67.93%, Bonython 66.77%, Grey 68.10%, Wakefield 67.07%
  • Tasmania: Bass 65.71%, Braddon 68.90%, Franklin 61.46%, Lyons 69.66%
  • Western Australia: Brand 66.50%, Canning 67.53%, Forrest 65.39%, Kalgoorlie 62.35%, O’Connor 71.63%, Pearce 62.66%
  • Queensland: Blair 75.27%, Bowman 60.91%, Capricornia 67.67%, Dawson 69.58%, Fadden 63.04%, Fairfax 62.11%, Fisher 60.80%, Forde 68.42%, Groom 72.75%, Herbert 61.37%, Hinkler 69.66%, Kennedy 70.29%, Longman 66.55%, Maranoa 77.25%, Moncrieff 60.80%, Oxley 65.50%, Petrie 61.21%, Rankin 62.32%, Wide Bay 74.66%.
  • Victoria: Bendigo 61.92%, Gippsland 65.68%, Indi 63.35%, Mallee 71.82%, McMillan 63.85%, Murray 70.23%, Wannon 64.77%.
  • New South Wales: Calare 63.43%, Cowper 60.81%, Farrer 66.41%, Gwydir 72.44%, Hume 63.40%, Hunter 63.18%, Lyne 61.71%, New England 67.59%, Page 61.79, Parkes 69.62%, Paterson 60.18%, Riverina 66.81%.

Inner City Voters Cross Party Lines To Support Republic

Nov 6 – The inner suburban and city areas of the Australian capital cities provided the main support for the Yes case in the referendum. Voters in the outer suburbs, rural and provincial areas tended to vote No.

The electorate of Melbourne, held by Labor shadow minister Lindsay Tanner, recorded the highest Yes vote (71.50%) of any electorate in the nation. It was closely followed by Melbourne Ports (ALP – 66.17%), Kooyong (Liberal – 64.93%) and Higgins (Liberal – 62.43%). In other words, two of the ALP’s safest seats and two of the Liberal Party’s safest seats recorded the highest Yes votes. This suggests some correlation between education and income in the result. A less certain pattern is the correlation between Labor-voting electorates and the Yes vote, a pattern most evident in Victoria and the ACT. It should also be noted that Higgins is held by Peter Costello, the dominant government supporter of the Yes case.

By contrast, many safe Labor seats in the western suburbs of Sydney recorded No votes.

Interestingly, John Howard’s electorate of Bennelong recorded a 54.99% vote in favour of a republic, whilst Kim Beazley’s electorate of Brand only recorded 33.50% in favour. The seat of North Sydney, formerly held by prominent direct electionist Ted Mack voted 61.75% in favour of the republican model. All of this suggests a pattern of republican support concentrated in safe Labor and Liberal electorates in the inner suburban and more affluent areas of Sydney, Melbourne and Canberra, with pockets of support in the inner areas of Brisbane, Hobart, Adelaide and Perth.

Republic Failing, But Result Is Closer Than Expected

Nov 6 – 8.15pm

It is now clear that both referendum proposals have been defeated.

The Republic has about 47% of the vote, whilst the Preamble has 41%. Victoria is the only State where the YES vote stands a chance of reaching 50% – currently the figure is 49.71%.

8.00pm – With 45% of the vote counted, but still no results from Western Australia, where voting continues, the YES vote on the republic is 47%, NO 53%.

The Preamble is sitting on NO 58.9%, YES 41.1%.

7.23pm – The YES vote nationally now stands at 45.2% compared with 54.8% for NO with 14.1% counted. The NO vote is 79% in Queensland. Tasmania is also voting solidly NO, around the mid-30s.

7.15pm – The YES vote has risen to 44% nationally.

Early figures indicate that a 54% of voters in John Howard’s seat of Bennelong favour a republic.

7.05pm – The YES vote nationally has risen to 42% and there is media speculation that the republic may garner a majority overall, but fail to win in 4 states as required by the Constitution.

Tasmania is voting solidly NO. The YES vote in Tasmania remains in the mid-30s.

The Preamble is falling about 5% behind the republic vote.

Republic Heading For Defeat As Referendum Counting Gets Underway

Nov 6 – 6.50pm: Early figures from counting in the referendum puts the NO vote at around 60-61% in New South Wales, Victoria and Tasmania.

To succeed a referendum requires a majority of votes in the nation overall and a majority of votes in a majority of States, that is, a majority in 4 States.

The ABC says the YES vote is 40.2% with 1.6% counted.

The Australian Capital Territory is heading for a YES vote, whilst NSW and Victoria are edging up from the 40% mark.

Overall, there appears little chance of either referendum succeeding.

Historic Opportunity: An Australian Republic?

The Weekend Australian, 6-11-99Overnight, the British government has continued the process of abolishing hereditary peers in the House of Lords. In Australia, a historic referendum is taking place today in which voters have the choice of removing links with the hereditary monarch of Great Britain.

Opinion polls suggest that the referendum is heading for defeat. The AC Nielsen AgePoll yesterday had the YES vote at 41%, NO at 47%, and 12% undecided. A Newspoll published in The Australian today has the YES vote at 47%, NO on 50% and 3% undecided. The poll also shows the Preamble question facing defeat. The Australian boldly calls on its readers to vote YES.

If the referendum passes Australia will become a republic on January 1, 2001. If it is defeated tonight, consider the words of playwright David Williamson, in his article in today’s Sydney Morning Herald:

Tonight the politician haters are going to have their moment, and the monarchists are going to hold the line against the dilution of the master race. And those of us who would like to see ourselves as a nation mature enough to have our own head of state are going to feel ashamed and wonder whether there’s any point to waiting up to see Australia play France.

We had a chance to really make it Australia playing France, but I suspect it will still be the Queen of England’s Australia playing a real nation called France. Could any of us imagine a France so insecure about its own worth and identity that it had a German head of state? And, if it did, wouldn’t we feel it was somehow a little pathetic? Despite the brave braying of John Howard that we are in all respects a nation to be respected, I think the truth is that we are going to look more than a little pathetic in the eyes of the world tomorrow morning.

The Speech That Started It All

Paul KeatingIn June 1995, the then Prime Minister, Paul Keating, rose in the House of Representatives to deliver a speech titled “An Australian Republic – The Way Forward.” The speech committed the then-Labor government to the establishment of an Australian republic by the centenary of Federation in 2001.

Whilst defeated in the general election 9 months later, Keating laid the foundations for the referendum that takes place today. His government’s policy position in 1995 forced the resurrected leader of the Liberal Party, John Howard, to offer a constitutional convention and a referendum, as a means of defusing the republic issue in the election campaign.

The Republican Constitution

This is the full text of our current constitution with the proposed republican amendments indicated as follows:

  • Words to be removed from the existing Constitution are struck out
  • Words to be added to the Constitution are in bold type

A PROPOSED LAW

To alter the Constitution to establish the Commonwealth of Australia as a republic with the Queen and Governor-General being replaced by a President appointed by a two-thirds majority of the members of the Commonwealth Parliament.


THE CONSTITUTION

This Constitution is divided as follows:

Chapter 1 – 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 Government

Chapter 2 – The Executive Government
Chapter 3 – The Judicature
Chapter 4 – Finance and Trade
Chapter 5 – The States
Chapter 6 – New States
Chapter 7 – Miscellaneous
Chapter 8 – Alteration of the Constitution

The Schedule.

Schedule 1 – Oaths and affirmations
Schedule 2 – Transitional provisions for the establishment of the republic

Chapter 1 – The Parliament
Part I – General

Legislative Power

  1. The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen President, a Senate, and a House of Representatives, and which is herein-after called “The Parliament,” or “The Parliament of the Commonwealth.”


Governor-General

  1. A Governor-General appointed by the Queen shall be Her Majesty’s representative in the Commonwealth, and shall have and may exercise in the Commonwealth during the Queen’s pleasure, but subject to this Constitution, such powers and functions of the Queen as Her Majesty may be pleased to assign to him.


Salary of Governor-General

  1. There shall be payable to the Queen out of the Consolidated Revenue fund of the Commonwealth, for the salary of the Governor-General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. The salary of the Governor-General shall not be altered during his continuance in office.


Provisions relating to Governor-General

  1. The provisions of this Constitution relating to the Governor-General extend and apply to the Governor-General for the time being, or such person as the Queen may appoint to administer the Government of the Commonwealth; but no such person shall be entitled to receive any salary from the Commonwealth in respect of any other office during his administration of the Government of the Commonwealth.

Sessions of Parliament, prorogation and dissolution

  1. The Governor-General President may appoint such times for holding the sessions of the Parliament as he thinks fit, and may also from time to time, by Proclamation or otherwise, prorogue the Parliament, and may in like manner dissolve the House of Representatives.

    Summoning Parliament
    After any general election the Parliament shall be summoned to meet not later than thirty days after the day appointed for the return of the writs.

    First Session
    The Parliament shall be summoned to meet not later than six months after the establishment of the Commonwealth.

Yearly Session of Parliament

  1. There shall be a session of the Parliament once at least in every year, so that twelve months shall not intervene between the last sitting of the Parliament in one session and its first sitting in the nest session.

Part II – The Senate

The Senate

  1. The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate.

    But until the Parliament of the Commonwealth otherwise provides, the Parliament of the State of Queensland, if that State be an Original State, may make laws dividing the State into divisions and determining the number of senators to be chosen for each division, and in the absence of such provision the State shall be one electorate.

    Until the Parliament otherwise provides there shall be six senators for each Original State. The Parliament may make laws increasing or diminishing the number of senators for each State, but so that equal representation of the several Original States shall be maintained and that no Original State shall
    have less than six senators. The senators shall be chosen for a term of six years, and the names of the senators chosen for each State shall be certified by the Governor to the Governor-General President.

Qualification of electors

  1. The qualification of electors of senators shall be in each State that which is prescribed by this Constitution, or by the Parliament, as the qualification for electors of members of the House of Representatives; but in the choosing of senators each elector shall vote only once.

Method of election of senators

  1. The Parliament of the Commonwealth may make laws prescribing the method of choosing senators, but so that the method shall be uniform for all the States. Subject to any such law, the Parliament of each State may make laws prescribing the method of choosing the senators for that State.

    Times and Places
    The Parliament of a State may make laws for determining the times and places of elections of senators for the State.

Application of State laws

  1. Until the Parliament otherwise provides, but subject to this constitution, the laws in force in each State, for the time being, relating to elections for the more numerous House of the Parliament of the State shall, as nearly as practicable, apply to elections of senators for the State.

Failure to choose senators

  1. The Senate may proceed to despatch of business, notwithstanding the failure of any State to provide for its representation in the Senate.

Issue of writs

  1. The Governor of any State may cause writs to be issued for elections of senators for the State. In case of the dissolution of the Senate the writs shall be issued within ten days from the proclamation of such dissolution.

Rotation of senators

  1. As soon as may be after the Senate first meets, and after each first meeting of the Senate following a dissolution thereof, the Senate shall divide the senators chosen for each State into two classes, as nearly equal in number as practicable; and the places of the senators of the first class shall become vacant at the expiration of three years, and the places of those of the second class at the expiration of six years, from the beginning of their term of service; and afterwards the places of senators shall be vacant at the expiration of six years from the beginning of their term of service.

    The election to fill vacant places shall be made within one year before the places are to become vacant.

    For the purpose of this section the term of service of a senator shall be taken to begin on the first day of July following the day of his election, except in the cases of the first election and of the election next after any dissolution of the Senate, when it shall be taken to begin on the first day of
    July preceding the day of his election.

Further provision for rotation

  1. Whenever the number of senators for a State is increased or diminished, the Parliament of the Commonwealth may make such provision for the vacating of the places of senators for the State as it deems necessary to maintain regularity in the rotation.

Casual vacancies

  1. If the place of a senator becomes vacant before the expiration of his term of service, the Houses of Parliament of the State for which he was chosen, sitting and voting together, or, if there is only one House of that Parliament, that House, shall choose a person to hold the place until the expiration of the term. But if the Parliament of the State is not in session when the vacancy is notified, the Governor of the State, with the advice of the Executive Council thereof, may appoint a person to hold the place until the expiration of fourteen days from the beginning of the next session of the Parliament of the State or the expiration of the term, whichever first happens.

    Where a vacancy has at any time occurred in the place of a senator chosen by the people of a State and, at the time when he was so chosen, he was publicly recognised by a particular political party as being an endorsed candidate, a person chosen or appointed under this section in consequence of that vacancy, or in consequence of that vacancy and a subsequent vacancy or vacancies, shall, unless there is no member of that party available to be chosen or appointed, be a member of that party.

    Where:

    1. in accordance with the last preceding paragraph, a member of a particular political party is chosen or appointed to hold the place of a senator whose place had become vacant; and
    2. before taking his seat he cease to be a member of that party (otherwise than by reason of the party having ceased to exist);

    he shall be deemed not to have been so chosen or appointed and the vacancy shall be again notified in accordance with section twenty-one of this Constitution.

    The name of a senator chosen or appointed under this section shall be certified by the Governor of the State to the Governor-General President.

    If the place of a senator chosen by the people of a State at the election of senators last held before the commencement of the Constitution Alteration (Senate Casual Vacancies) 1977 became vacant before that commencement and, at that commencement, no person chosen by the House or Houses of Parliament of the State, or appointed by the Governor of the State, in consequence of that vacancy, or in consequence of that vacancy and a subsequent vacancy or vacancies, held office, this section applies as if the place of the senator chosen by the people of the State had become vacant after that commencement.

    A senator holding office at the commencement of the Constitution Alteration (Senate Casual Vacancies) 1977, being a senator appointed by the Governor of a State in consequence of a vacancy that had at any time occurred in the place of a senator chosen by the people of the State, shall be deemed to have been appointed to hold the place until the expiration of fourteen days after the beginning of the next session of the Parliament of the State that commenced or commences after he was appointed and further action under this section shall be taken as if the vacancy in the place of the senator chosen by the people of the State had occurred after that commencement.

    Subject to the next succeeding paragraph, a senator holding office at the commencement of the Constitutional Alteration (Casual Senate Vacancies) 1977 who was chosen by the House or Houses of Parliament of a State in consequence of a vacancy that had at any time occurred in the place of a
    senator chosen by the people of the State shall be deemed to have been chosen to hold office until the expiration of the term of service of the senator elected by the people of the State.

    If, at or before the commencement of the Constitution Alteration (Senate Casual Vacancies) 1977, a law to alter the Constitution entitled “Constitutional Alteration (Simultaneous Elections) 1977″ came into operation, a senator holding office at the commencement of that law who was chosen by the House or Houses of Parliament of a State in consequence of a vacancy that had at any time occurred in the place of a senator chosen by the people of the State shall be deemed to have been chosen to hold office:

    1. if the senator elected by the people of the State had a term of service expiring on the thirtieth day of June, One thousand nine hundred and seventy-eight – until the expiration or dissolution of the first House of Representatives to expire or be dissolved after that law came into operation;
      or
    2. if the senator elected by the people of the State had a term of service expiring on the thirtieth day of June, One thousand nine hundred and eighty-one – until the expiration or dissolution of the first House of Representatives to expire or be dissolved after that law came into operation; or if there is an earlier dissolution of the Senate, until that dissolution.

Qualifications of senator

  1. The qualification of a senator shall be the same as those of a member of the House of Representatives.

Election of President of the Senate

  1. The Senate shall, before proceeding to the despatch of any other business, choose a senator to be to President of the Senate; and as often as the office of President of the Senate becomes vacant the Senate shall again choose a senator to be the President of the Senate. The President of the Senate shall cease to hold his office if he ceases to be a senator. He may be removed from office by a vote of the Senate, or he may resign his office or his seat by writing addressed to the
    Governor-General President of the Commonwealth.

Absence of President of the Senate

  1. Before or during any absence of the President of the Senate, the Senate may choose a senator to perform his duties in his absence.

Resignation of senator

  1. A senator may by writing addressed to the President of the Senate, or to the Governor-General President of the Commonwealth if there is no President of the Senate or if the President of the Senate is absent from the Commonwealth, resign his place, which thereupon shall become vacant.

Vacancy by absence

  1. The place of a senator shall become vacant if for two consecutive months of any session of the Parliament he, without the permission of the Senate, fails to attend the Senate.

Vacancy to be notified

  1. Whenever a vacancy happens in the Senate, the President of the Senate, or if there is no President of the Senate or if the President of the Senate is absent from the Commonwealth, the Governor-General President of the Commonwealth, shall notify the same to the Governor of the State in the representation of which the vacancy has happened.

Quorum

  1. Until the Parliament otherwise provides, the presence of at least one-third of the whole number of the senators shall be necessary to constitute a meeting of the Senate for the exercise of its powers.

Voting in the Senate

  1. Questions arising in the Senate shall be determined by a majority of votes, and each senator shall have one vote. The President of the Senate shall in all cases be entitled to a vote; and when the votes are equal the question shall pass in the negative.

Part III – The House of Representatives

Constitution of House of Representatives

  1. The House of Representatives shall be composed of members directly chosen by the people of the Commonwealth, and the number of such members shall be, as nearly as practicable, twice the number of senators. The number of members chosen in the several States shall be in proportion to the respective members of their people, and shall, until the Parliament otherwise provides, be determined, whenever necessary, in the following manner:
    1. A quota shall be ascertained by dividing the number of the people of the Commonwealth, as shown by the latest statistics of the Commonwealth, by twice the number of senators;
    2. The number of members to be chosen in each State shall be determined by dividing the number of people of the State, as shown by the latest statistics of the Commonwealth, by the quota; and if on such division there is a remainder greater than one-half of the quota, one more member shall be chosen in the State. But notwithstanding anything in this section, five members at least shall be chosen in each Original State.

Provision as to races disqualified from voting

  1. For the purposes of the last section, if by the law of any State all persons of any race are disqualified from voting at elections for the more numerous House of the Parliament of the State, then, in reckoning the number of the people of the State or of the Commonwealth, persons of the race resident in that State shall not be counted.

Representatives in first Parliament

  1. Notwithstanding anything in section twenty-four, the number of members to be chosen in each State at the first election shall be as follows:
    New South Wales       twenty-three;
    Victoria twenty;
    Queensland eight;
    South Australia six;
    Tasmania five;

    Provided that if Western Australia is an Original State, the numbers shall be as follows:

    New South Wales       twenty-six;
    Victoria twenty-three;
    Queensland nine;
    South Australia seven;
    Western Australia five;
    Tasmania five;

Alteration of number of members

  1. Subject to this Constitution, the Parliament may make laws for increasing or diminishing the number of the members of the House of Representatives.

Duration of House of Representatives

  1. Every House of Representatives shall continue for three years from the first meeting of the House, and no longer, but may be soon dissolved by the Governor-General President.

Electoral Divisions

  1. Until the Parliament of the Commonwealth otherwise provides, the Parliament of any State may make laws for determining the divisions in each State for which members of the House of Representatives may be chosen, and the number of members to be chosen for each division. A division shall not be formed out of parts of different States.

    In the absence of other provision each State shall be one electorate.

Qualification of electors

  1. Until the Parliament otherwise provides, the qualification of electors of members of the House of Representatives shall be in each State that which is prescribed by the law of the State as the qualification of electors of the more numerous House of Parliament of the State; but in the choosing of members each elector shall vote only once.

Application of State laws

  1. Until the parliament otherwise provides, but subject to this Constitution, the laws in force in each State for the time being relating to elections for the more numerous House of the Parliament of the State shall, as nearly as practicable, apply to elections in the State of members of the House of Representatives.

Writs for general election

  1. The Governor-General President in Council may cause writs to be issued for general elections of members of the House of Representatives. After the first general election, the writs shall be issued within ten days from the expiry of a House of Representatives or from the proclamation of a dissolution thereof.

Writs for vacancies

  1. Whenever a vacancy happens in the House of Representatives, the Speaker shall issue his writ for the election of a new member, or if there is no Speaker or if he is absent from the Commonwealth for
    Governor-General President in Council may issue the writ.

Qualifications of members

  1. Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as follows:
    1. He must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of members of the House of Representatives, or a person qualifies to become such elector, and must have been for three years at the least a resident within the limits of the Commonwealth as existing at the time when he was chosen;
    2. He must be a subject of the Queen, either natural-born or for at least five years naturalised under a law of the United Kingdom, or of a Colony which has become or becomes a State, or of the Commonwealth, or of a State.
      the person must be an Australian citizen.

Election of speaker

  1. The House of Representatives shall, before proceeding to the despatch of any other business, choose a member to be the Speaker of the House, and as often as the office of Speaker becomes vacant the House shall again choose a member to be the Speaker. The Speaker shall cease to hold his office if he ceases to be a member. He may be removed from office by a vote of the House, or he may resign his office or his seat by writing addressed to the Governor-General President.

Absence of speaker

  1. Before or during any absence of the Speaker, the House of Representatives may choose a member to perform his duties in his absence.

Resignation of member

  1. A member may by writing addressed to the Speaker, or to the Governor-General President if there is no Speaker or if the Speaker is absent from the Commonwealth, resign his place, which there-upon shall become vacant.

Vacancy by absence

  1. The place of a member shall become vacant if for two consecutive months of any session of the Parliament he, without the permission of the House, fails to attend the House.

Quorum

  1. Until the Parliament otherwise provides, the presence of at least one-third of the whole number of the members of the House of Representatives shall be necessary to constitute a meeting of the House for the exercise of it’s powers.

Voting in House of Representatives

  1. Questions arising in the House of Representatives shall be determined by a majority of votes other than that of the Speaker. The Speaker shall not vote unless the numbers are equal, and then he shall have a casting vote.

Part IV – Both Houses of the Parliament

Rights of electors of states

  1. No adult person who has or acquires a right to vote at elections for
    the more numerous House of the Parliament of a State shall, while the
    right continues, be prevented by any law of the Commonwealth from voting
    at elections for either House of the Parliament of the Commonwealth.

Oath or affirmation of allegiance

  1. Every senator and every member of the House of Representatives shall
    before taking his seat make and subscribe before the
    Governor-General President, or some person
    authorised by him, an oath or affirmation of allegiance in the form set
    forth in the schedule Schedule 1 to this
    Constitution.

Member of one House ineligible for the other

  1. A member of either House of Parliament shall be incapable of being
    chosen or of sitting as a member of the other House.

Disqualification

  1. Any person who
    1. Is under any acknowledgement of allegiance, obedience, or adherence to
      a foreign power, or is a subject or a citizen or entitled to the rights or
      privileges of a subject or citizen of a foreign power; or
    2. Is attained of treason, or has been convicted and is under sentence, or
      subject to be sentenced, for any offence punishable under the law of the
      Commonwealth or of a State by imprisonment for one year or longer: or
    3. Is an undischarged bankrupt or insolvent; or
    4. Holds any office of profit under the Crown
      Executive Government of the Commonwealth, a State or a Territory
      , or
      any pension payable during the pleasure of the Crown
      Executive Government of the Commonwealth,
      out of any of the revenues
      of the Commonwealth; or
    5. Has any direct or indirect pecuniary interest in any agreement with the
      Public Service of the Commonwealth otherwise than as a member and in common
      with the other members of an incorporated company consisting of more than
      twenty-five persons;

    shall be incapable of being chosen or of sitting as a senator or a member
    of the House of Representatives.

    But sub-section (iv) does not apply to the office of any of the
    Queen’s Ministers of State for the Commonwealth, or of
    any of the Queen’s Ministers for a State, or to
    the receipt of pay, half pay, or a pension, by any person as an officer or
    member of the Queen’s navy or army,
    or to the receipt of pay as
    an officer or member of the naval or military forces of the Commonwealth
    by any person whose services are not wholly employed by the Commonwealth.

Vacancy on happening of disqualification

  1. If a senator or member of the House of Representatives
    1. Becomes subject to any of the disabilities mentioned in the last
      preceding section; or
    2. Takes the benefit, whether by assignment, composition, or otherwise,
      of any law relating to bankrupt or insolvent debtors; or
    3. Directly or indirectly takes or agrees to take any fee or honorarium
      for services rendered to the Commonwealth, or for services rendered in the
      Parliament to any person or State;

    his place shall thereupon become vacant.

Penalty for sitting when disqualified

  1. Until the Parliament otherwise provides, any person declared by this
    Constitution to be incapable of sitting as a senator or as a member of the
    House of Representatives shall, for every day on which he so sits, be
    liable to pay the sum of one hundred pounds to any person who sues for it
    in any court of competent jurisdiction.

Disputed elections

  1. Until the Parliament otherwise provides, any question respecting the
    qualification of a senator or member of the House or Representatives, or
    respecting a vacancy in either House of the Parliament, and any question
    of a disputed election to either House, shall be determined by the House
    in which the question arises.

Allowance to members

  1. Until the Parliament otherwise provides, each senator and each member
    of the House of Representatives shall receive an allowance of four hundred
    pounds a year, to be reckoned from the day on which he takes his seat.

Privileges etc. of Houses

  1. The powers, privileges, and immunities of the Senate and of the House
    of Representatives, and of the members and the committees of each House,
    shall be such as are declared by the Parliament, and until declared shall
    be those of the Commons House of Parliament of the United Kingdom, and of
    its members and committees, at the establishment of the Commonwealth.

Rules and orders

  1. Each House of the Parliament may make rules and orders with respect
    to

    1. The mode in which its powers, privileges, and immunities may be
      exercised and upheld;
    2. The order and conduct of its business and proceedings either
      separately or jointly with the other House.

Part V – Powers of the Parliament

Legislative powers of the Parliament

  1. The Parliament shall, subject to this Constitution, have power to make
    laws for the peace, order, and good government of the Commonwealth with
    respect to:

    1. Trade and commerce with other countries, and among the States;
    2. Taxation; but so as not to discriminate between States or parts of
      States;
    3. Bounties on the production or export of goods, but so that such
      bounties shall be uniform throughout the Commonwealth;
    4. Borrowing money on the public credit of the Commonwealth;
    5. Postal, telegraphic, telephonic, and other like services;
    6. The naval and military defence of the Commonwealth and of the several
      States, and the control of the forces to execute and maintain the laws of
      the Commonwealth.
    7. Lighthouses, lightships, beacons and buoys;
    8. Astronomical and meteorological observations;
    9. Quarantine;
    10. Fisheries in Australian waters beyond territorial limits;
    11. Census and statistics;
    12. Currency, coinage, and legal tender;
    13. Banking, other than State banking; also State banking extending beyond
      the limits of the State concerned, the incorporation of banks, and the
      issue of paper money;
    14. Insurance, other than State insurance; also State insurance extending
      beyond the limits of the State concerned;
    15. Weights and measures;
    16. Bills of exchanging and promissory notes;
    17. Bankruptcy and insolvency;
    18. Copyrights, patents of inventions and designs, and trade marks;
    19. Naturalisation and aliens;
    20. Foreign corporations, and trading or financial corporations formed
      within the limits of the Commonwealth;
    21. Marriage;
    22. Divorce and matrimonial causes; and in relation thereto, parental
      rights, and the custody and guardianship of infants;
    23. Invalid and old-age pensions;
      xxiiiA. The provision of maternity allowances, widows’ pensions, child
      endowment, unemployment, pharmaceutical, sickness and hospital benefits,
      medical and dental services (but not so as to authorise any form of civil
      conscription), benefits to students and family allowances;
    24. The service and execution throughout the Commonwealth of the civil and
      criminal process and the judgments of the courts of the States;
    25. The recognition throughout the Commonwealth of the laws, the public
      Acts and records, and the judicial proceedings of the States;
    26. The people of any race, for whom it is deemed necessary to make
      special laws;
    27. Immigration and emigration;
    28. The influx of criminals;
    29. External Affairs;
    30. The relations of the Commonwealth with the islands of the Pacific;
    31. The acquisition of property on just terms from any State or person for
      any purpose in respect of which the Parliament has power to make laws;
    32. The control of railways with respect to transport for the naval and
      military purposes of the Commonwealth;
    33. The acquisition, with the consent of a State, of any railways of the
      State on terms arranged between the Commonwealth and the State;
    34. Railway construction and extension in any State with the consent of
      that State;
    35. Conciliation and arbitration for the prevention and settlement of
      industrial disputes extending beyond the limits of any one State;
    36. Matters in respect of which this Constitution makes provision until
      the Parliament otherwise provides;
    37. Matters referred to the Parliament of the Commonwealth by the
      Parliament or Parliaments of any State or States, but so that the law
      shall extend only to States by whose Parliaments the matter is referred,
      or which afterwards adopt the law;
    38. The exercise within the Commonwealth, at the request or with the
      concurrence of the Parliaments of all the States directly concerned, of
      any power which can at the establishment of this Constitution be exercised
      only by the Parliament of the United Kingdom or by the Federal Council of
      Australasia;
    39. Matters incidental to the execution of any power vested by this
      Constitution in the Parliament or in either House thereof, or in the
      Government of the Commonwealth, or in the Federal Judicature, or in any
      department or officer of the Commonwealth.

Exclusive powers of the Parliament

  1. The Parliament shall, subject to this Constitution, have exclusive
    power to make laws for the peace, order, and good government of the
    Commonwealth with respect to:

    1. The seat of government of the Commonwealth, and all places acquired by
      the Commonwealth for public purposes;
    2. Matters relating to any department of the public service the control
      of which is by this Constitution transferred to the Executive Government
      or the Commonwealth;
    3. Other matters declared by this Constitution to be within the exclusive
      power of the Parliament.

Powers of the Houses in respect of legislation

  1. Proposed laws appropriating revenue or moneys, or imposing taxation,
    shall not originate in the Senate. But a proposed law shall not be taken
    to appropriate revenue or moneys, or to impose taxation, by reason only of
    its containing provisions for the imposition or appropriation of fines or
    other pecuniary penalties, or for the demand or payment or appropriation
    of fees for licences, or fees for services under the proposed law.

    The Senate may not amend proposed laws imposing taxation, or proposed laws
    appropriating revenue or moneys for the ordinary annual services of the
    Government.

    The Senate may not amend any proposed law so as to increase any proposed
    charge or burden on the people.

    The Senate may at any stage return to the House of Representatives any
    proposed law which the Senate may not amend, requesting, by message, the
    omission or amendment of any items or provisions therein. And the House
    of Representatives may, if it thinks fit, make any of such omissions or
    amendments, with or without modifications.

    Except as provided in this section, the Senate shall have equal power with
    the House of Representatives in respect of all proposed laws.

Appropriation Bills

  1. The proposed law which appropriates revenue or moneys for the ordinary
    annual services of the Government shall deal only with such appropriation.

Tax Bill

  1. Laws imposing taxation shall deal only with the imposition of taxation,
    and any provision therein dealing with any other matter shall be of no
    effect.

    Laws imposing taxation except laws imposing duties of customs or of excise,
    shall deal with one subject of taxation only; but laws imposing duties of
    customs shall deal with duties of customs only, and laws imposing duties of
    excise shall deal with duties of excise only.

Recommendation of money votes

  1. A vote, resolution, or proposed law for the appropriation of revenue
    or moneys shall not be passed unless the purpose of the appropriation has
    in the same session been recommended by message of the
    Governor-General President to the House in which
    the proposal originated.

Disagreement between the Houses

  1. If the House of representatives passes any proposed law, and the
    Senate rejects or fails to pass it, or passes it with amendments to which
    the House of Representatives will not agree, and if after an interval of
    three months the House of Representatives, in the same or the next
    session, again passes the proposed law with or without any amendments
    which have been made, suggested, or agreed to by the Senate, and the
    Senate rejects or fails to pass it, or passes it with amendments to which
    the House of Representatives will not agree, the
    Governor-General President may dissolve the Senate
    and the House of Representatives simultaneously. But such dissolution
    shall not take place within six months before the date of the expiry of
    the House of Representatives by effluxion of time.

    If after such dissolution the House of Representatives again passes the
    proposed law, with or without any amendments which have been made,
    suggested, or agreed to by the Senate, and the Senate rejects or fails to
    pass it, or passes it with amendments to which the House of
    Representatives will not agree, the Governor-General
    President may convene a joint sitting of the members of the Senate
    and of the House of Representatives.

    The members present at the joint sitting may deliberate and shall vote
    together upon the proposed law as last proposed by the House of
    Representatives, and upon amendments, if any, which have been made therein
    by one House and not agreed to by the other, and any such amendments which
    are affirmed by an absolute majority of the total number of the members of
    the Senate and House of Representatives shall be taken to have been
    carried, and if the proposed law, with the amendments, if any, so carried
    is affirmed by an absolute majority of the total number of the members of
    the Senate and House of Representatives, it shall be taken to have been
    duly passed by Houses of the Parliament, and shall be presented to the
    Governor-General President for the
    Queen’s
    assent.

Royal Assent to Bills

  1. When a proposed law passed by both Houses of the Parliament is presented
    to the Governor-General President for the
    Queen’s
    assent, he the President shall
    declare, according to his the President’s
    discretion, but subject to this Constitution, that he assents in
    the Queen’s name, or that he withholds assent, or that he reserves the law
    for the Queen’s pleasure
    assent to the law or withhold
    assent
    .

    Recommendations by Governor-General President
    The Governor-General President may return to the
    House in which it originated any proposed law so presented to
    him
    , and may transmit therewith any amendments which
    he the President may recommend, and the Houses may
    deal with the recommendation.


Disallowance by the Queen

  1. The Queen may disallow any law within one year from the
    Governor-General’s assent, and such disallowance on being made known by the
    Governor-General by speech or message to each of the Houses of the Parliament,
    or by Proclamation, shall annul the law from the day when the disallowance is
    so made known.


Signification of Queen’s pleasure on Bills reserved

  1. A proposed law reserved for the Queen’s pleasure shall not have any
    force unless and until within two years from the day on which it was presented
    to the Governor-General for the Queen’s assent the Governor-General makes
    known, by speech or message to each of the Houses of the Parliament, or by
    Proclamation, that it has received the Queen’s assent.

Chapter II – The Executive Government


Executive power

  1. The executive power of the Commonwealth is vested in the Queen and is
    exercisable by the Governor-General as the Queen’s representative, and
    extends to the execution and maintenance of this Constitution, and of the
    laws of the Commonwealth.


Federal Executive Council

  1. There shall be a Federal Executive Council to advise the
    Governor-General in the government of the Commonwealth, and the members of
    the Council shall be chosen and summoned by the Governor-General and sworn
    as Executive Councillors, and shall hold office during his pleasure.


Privisions referring to the Governor-General

  1. The provisions of this Constitution referring to the Governor-General
    in Council shall be construed as referring to the Governor-General acting
    with the advice of the Federal Executive Council.


Executive power

  1. The executive power of the Commonwealth is vested in the President,
    and extends to the execution and maintenance of this Constitution, and of
    the laws of the Commonwealth. The President shall be the head of state of
    the Commonwealth.

    There shall be a Federal Executive Council to advise the President in the
    government of the Commonwealth, and the members of the Council shall be
    chosen and summoned by the President and sworn as Executive Councillors,
    and shall hold office during the pleasure of the President.

    The President shall act on the advice of the Federal Executive Council,
    the Prime Minister or another Minister of State; but the President may
    exercise a power that was a reserve power of the Governor-General in
    accordance with the constitutional conventions relating to the exercise of
    that power.

The President

  1. After considering the report of a committee established and operating
    as the Parliament provides to invite and consider nominations for
    appointment as President, the Prime Minister may, in a joint sitting of
    the members of the Senate and the House of Representatives, move that a
    named Australian citizen be chosen as the President.

    If the Prime Minister’s motion is seconded by the leader of the Opposition
    in the House of Representatives, and affirmed by a two-thirds majority of
    the total number of the members of the Senate and the House of
    Representatives, the named Australian citizen is chosen as the President.

    The person named in the Prime Minister’s motion is qualified to be chosen
    as President if, when the motion is moved and affirmed:

    1. the person is qualified to be, and capable of being chosen as,
      a member of the House of Representatives; and
    2. the person is not a member of the Commonwealth Parliament
      or a State Parliament or Territory legislature, or a member of
      a political party.

    The actions of a person otherwise duly chosen as President under this
    section are not invalidated only because the person was not qualified to
    be chosen as President.

    Each person chosen as President shall, before the term of office begins,
    make and subscribe before a Justice of the High Court an oath or
    affirmation of office in the form set forth in Schedule 1 to this
    Constitution.

Term of office and remuneration of President

  1. The term of office of a President begins at the end of the term of
    office of the previous President. But if the office of President falls
    vacant, or the term of office of the outgoing President ends, before the
    day on which the incoming President makes the oath or affirmation of
    office, the incoming President’s term of office begins on the day after
    that day.

    The President holds office for five years but if, at the end of the term,
    a new President does not take office, the office of President does not
    thereby fall vacant and the outgoing President continues as President
    until the term of office of the next President begins. A person may serve
    more than one term as President.

    The President may resign by signed notice delivered to the Prime Minister.

    The President shall receive such remuneration as the Parliament fixes. The
    remuneration of a President payable during a term of office shall not be
    altered during that term of office.

Removal of President

  1. The Prime Minister may, by instrument signed by the Prime Minister, remove
    the President with effect immediately.

    A Prime Minister who removes a President must seek the approval of the
    House of Representatives for the removal of the President within thirty
    days after the removal, unless:

    1. within that period, the House expires or is dissolved; or
    2. before the removal, the House had expired or been dissolved,
      but a general election of members of the House had not taken
      place.

    The failure of the House of Representatives to approve the removal
    of the President does not operate to reinstate the President who was
    removed.

Acting President and deputies

  1. Until the Parliament otherwise provides, the longest-serving State
    Governor available shall act as President if the office of President falls
    vacant. A State Governor is not available if the Governor has been removed
    (as acting President) by the current Prime Minister under section 62.

    Until the Parliament otherwise provides, the Prime Minister may appoint
    the longest-serving State Governor available to act as President for any
    period, or part of a period, during which the President is incapacitated.

    The provisions of this Constitution relating to the President, other than
    sections 60 and 61, extend and apply to any person acting as President.

    Until the Parliament otherwise provides, the President may appoint any
    person, or any persons jointly or severally, to be the President’s deputy
    or deputies, and in that capacity to exercise during the pleasure of the
    President (including while the President is absent from Australia) such
    powers and functions of the President as the President thinks fit to
    assign to such deputy or deputies.

    The appointment of such deputy or deputies shall not affect the exercise
    by the President personally (including while the President is absent from
    Australia) of any power or function.

    A person shall not exercise powers or functions as the acting President
    unless, in respect of that occasion of acting as President, the person has
    made and subscribed, before a Justice of the High Court, the President’s
    oath or affirmation of office in the form set forth in Schedule 1 to this
    Constitution.

    A person shall not exercise powers or functions as the President’s deputy
    unless, since being appointed as the President’s deputy, the person has
    made and subscribed, before a Justice of the High Court, the President’s
    oath or affirmation of office in the form set forth in Schedule 1 to this
    Constitution.

    An acting President, or a person exercising powers or functions as the
    President’s deputy, shall receive such allowances as the Parliament fixes.

Ministers of State

  1. The Governor-General President may appoint
    officers to administer such departments of State of the Commonwealth as
    the Governor-General President in Council may
    establish.

    Such officers shall hold office during the pleasure of the
    Governor-General President. They shall be members
    of the Federal Executive Council, and shall be the
    Queen’s Ministers of State for the Commonwealth.

    Ministers to sit in Parliament
    After the first general election No Minister of State
    shall hold office for a longer period than three months unless
    he the person is or becomes a senator or a member
    of the House of Representatives.

Number of Ministers

  1. Until the Parliament otherwise provides, the Ministers of the State
    shall not exceed seven in number, and shall hold such offices as the
    Parliament prescribes, or, in the absence of provision, as the
    Governor-General President directs.

Salaries of Ministers

  1. There shall be payable to the Queen, out of the
    Consolidated Revenue Fund of the Commonwealth, for the
    salaries of the Ministers of State, an annual sum which, until the
    Parliament otherwise provides, shall not exceed twelve thousand pounds a
    year
    such annual sum as is fixed by the Parliament.

Appointment of civil servants

  1. Until the Parliament otherwise provides, the appointment and removal
    of all other officers of the Executive Government of the Commonwealth
    shall be vested in the Governor-General President
    in Council, unless the appointment is delegated by the
    Governor-General President in Council or by a law
    of the Commonwealth to some other authority.

Command of naval and military forces

  1. The command in chief of the naval and military forces of the
    Commonwealth is vested in the Governor-General as the Queen’s
    representative
    President.

Transfer of certain departments

  1. On a date or dates to be proclaimed by the
    Governor-General
    after the establishment of the Commonwealth the
    following departments of the public service in each State shall become
    transferred to the Commonwealth:

    Posts, telegraphs, and telephones;
    Naval and military defence;
    Lighthouses, lightships, beacons, and buoys;
    Quarantine.

    But the departments of customs and of excise in each State shall become
    transferred to the Commonwealth on its establishment.

Vesting of Certain Powers of Governors to
vest in Governor-General

  1. In respect of matters which, under this Constitution, pass to the
    Executive Government of the Commonwealth, all powers and functions which
    at the establishment of the Commonwealth are vested in the Governor of a
    Colony, or in the Governor of a Colony with the advice of his Executive
    Council, or in any authority of a Colony, shall vest in the
    Governor-General, or in the Governor-General in Council, or in the
    authority exercising similar powers under the Commonwealth, as the case
    requires.

    All powers and functions that were vested under this section in the
    Governor-General, or in the Governor-General in Council, immediately
    before the office of Governor-General ceased to exist shall vest in the
    President, or in the President in Council, as the case requires.


Continuation of prerogative

70A.

Until the Parliament otherwise provides, but subject to this
Constitution, any prerogative enjoyed by the Crown in right of the
Commonwealth immediately before the office of Governor-General ceased to
exist shall be enjoyed in like manner by the Commonwealth and, in
particular, any such prerogative enjoyed by the Governor-General shall be
enjoyed by the President.

Chapter III – The Judicature

Judicial power and the Courts

  1. The judicial power of the Commonwealth shall be vested in a Federal
    Supreme Court, to be called the High Court of Australia, and in such other
    federal courts as the Parliament creates, and in such other courts as it
    invests with federal jurisdiction. The High Court shall consist of a Chief
    Justice, and so many other Justices, not less than two, as the Parliament
    prescribes.

Judges’ appointment, tenure and remuneration

  1. The Justices of the High Court and of the other courts created by the
    Parliament:

    1. Shall be appointed by the Governor-General
      President in Council;
    2. Shall not be removed except by the Governor-General
      President in Council, on an address from both Houses of the
      Parliament in the same session, praying for such removal on the ground of
      proved misbehaviour or incapacity;
    3. Shall receive such remuneration as the Parliament may fix; but the
      remuneration shall not be diminished during their continuance in office.

    The appointment of a Justice of the High Court shall be for a term expiring
    upon his attaining the age of seventy years, and a person shall not be
    appointed as a Justice of the High Court if he has attained that age.

    The appointment of a Justice of a court created by the Parliament shall be for
    a term expiring upon his attaining the age that is, at the time of his
    appointment, the maximum age for Justices of that court and a person shall not
    be appointed as a Justice of such a court if he has attained the age that is
    for the time being the maximum age for Justices of that court.

    Subject to this section, the maximum age for Justices of any court created by
    the Parliament is seventy years.

    The Parliament may make a law fixing an age that is less than seventy years as
    the maximum age for Justices of a court created by the Parliament and may at
    any time repeal or amend such a law, but any such repeal or amendment does not
    affect the term of office of a Justice under an appointment made before the
    repeal or amendment.

    A Justice of the High Court or of a court created by the Parliament may
    resign his office by writing under his hand delivered to the
    Governor-General President.

    Nothing in the provisions added to this section by the Constitution
    Alteration (Retirement of Judges)
    1977 affects the continuance of a person
    in office as a Justice of a court under an appointment made before the
    commencement of those provisions.

    A reference in this section to the appointment of a Justice of the High Court
    or of a court created by the Parliament shall be read as including a reference
    to the appointment of a person who holds office as a Justice of the High Court
    or of a court created by the Parliament to another office of Justice of the
    same court having a different status or designation.

Appellate jurisdiction of High Court

  1. The High Court shall have jurisdiction, with such exceptions and
    subject to such regulations as the Parliament prescribes, to hear and
    determine appeals from all judgments, decrees, orders, and sentences:

    1. Of any Justice or Justices exercising the original jurisdiction of the
      High Court;
    2. Of any other federal court, or court exercising federal jurisdiction;
      or of the Supreme Court of any State, or of any other court of any State
      from which at the establishment of the Commonwealth an appeal lies to the
      Queen in Council;
    3. Of the Inter-State Commission, but as to questions of law only;

    and the judgment of the High Court in all such cases shall be final and
    conclusive.

    But no exception or regulation prescribed by the Parliament shall prevent
    the High Court from hearing and determining any appeal from the Supreme
    Court of a State in any matter in which at the establishment of the
    Commonwealth an appeal lies from such Supreme Court to the Queen in
    Council.

    Until the Parliament otherwise provides, the conditions of and
    restrictions on appeals to the Queen in Council from the Supreme Courts of
    the several States shall be applicable to appeals from them to the High
    Court.


    The conditions of and restrictions on appeals from the Supreme Courts
    of the several States to the High Court are as provided by the Parliament
    from time to time.


Appeal to Queen in Council

  1. No appeal shall be permitted to the Queen in Council from a
    decision of the High Court upon any question, howsoever arising, as to the
    limits inter se of the Constitutional powers of the Commonwealth and those
    of any State or States, or as to the limits inter se of the Constitutional
    powers of any two or more States, unless the High Court shall certify that
    the Question is one which ought to be determined by Her Majesty in
    Council.

    The High Court may so certify if satisfied that for any special reason the
    certificate should be granted, and thereupon an appeal shall lie to Her
    Majesty in Council on the question without further leave.

    Except as provided in this section, this Constitution shall not impair any
    right which the Queen may be please to exercise by virtue of Her Royal
    prerogative to grant special leave of appeal from the High Court to Her
    Majesty in Council. The Parliament may make laws limiting the matters in
    which leave may be asked, but proposed laws containing any such
    limitations shall be reserved by the Governor-General for Her Majesty’s
    pleasure.

Original jurisdiction of High Court

  1. In all matters:
    1. Arising under any treaty;
    2. Affecting consuls or other representatives of other countries;
    3. In which the Commonwealth, or a person suing or being sued on behalf of
      the Commonwealth, is a party;
    4. Between States, or between residents of different States, or between a
      State and a resident of another State;
    5. In which a writ of Mandamus or prohibition or an injunction is sought
      against an officer of the Commonwealth;

    the High Court shall have original jurisdiction.

Additional original jurisdiction

  1. The Parliament may make laws conferring original jurisdiction on the
    High Court in any matter:

    1. Arising under this Constitution, or involving its interpretation;
    2. Arising under any laws made by the Parliaments;
    3. Of Admiralty and maritime jurisdiction;
    4. Relating to the same subject-matter claimed under the laws of
      different States.

Power to define jurisdiction

  1. With respect to any of the matters mentioned in the last two sections
    the Parliament may make laws:

    1. Defining the jurisdiction of any federal court other than the High
      Court;
    2. Defining the extent to which the jurisdiction of any federal court shall
      be exclusive of that which belongs to or is invested in the courts of the
      States;
    3. Investing any court of a State with federal jurisdiction.

Proceedings against Commonwealth or State

  1. The Parliament may make laws conferring rights to proceed against the
    Commonwealth or a State in respect of matters within the limits of the
    judicial power.

Number of judges

  1. The federal jurisdiction of any court may be exercised by such number
    of judges as the Parliament prescribes.

Trial by jury

  1. The trial on indictment of any offence against any law of the
    Commonwealth shall be by jury, and every such trial shall be held in the
    State where the offence was committed, and if the offence was not
    committed within any State the trial shall be held at such place or places
    as the Parliament prescribes.

Chapter IV – Finance And Trade

Consolidated Revenue Fund

  1. All revenues or moneys raised or received by the Executive Government
    of the Commonwealth shall form one Consolidated Revenue Fund, to be
    appropriated for the purposes of the Commonwealth in the manner and
    subject to the charges and liabilities imposed by this Constitution.

Expenditure charged thereon

  1. The costs, charges, and expenses incident to the collection,
    management, and receipt of the Consolidated Revenue Fund shall form the
    first charge thereon; and the revenue of the Commonwealth shall in the
    first instance be applied to the payment of the expenditure of the
    Commonwealth.

Money to be appropriated by law

  1. No money shall be drawn from the Treasury of the Commonwealth except
    under appropriation made by law.

    But until the expiration of one month after the first meeting of
    the Parliament the Governor-General in Council may draw from the Treasury
    and expend such moneys as may be necessary for the maintenance of any
    department transferred to the Commonwealth and for the holding of the
    first elections for the Parliament.

Transfer of officers

  1. When any department of the public service of a State becomes
    transferred to the Commonwealth, all officers of the department shall
    become subject to the control of the Executive Government of the
    Commonwealth.

    Any such officer who is not retained in the service of the Commonwealth
    shall, unless he is appointed to some other office of equal emolument in
    the public service of the State, be entitled to receive from the State any
    pension, gratuity, or other compensation, payable under the law of the
    State on the abolition of his office.

    Any such officer who is retained in the service of the Commonwealth shall
    preserve all his existing and accruing rights, and shall be entitled to
    retire from office at the time, and on the pension or retiring allowance,
    which would be permitted by the law of the State if his service with the
    Commonwealth were a continuation of his service with the State. Such
    pension or retiring allowance shall be paid to him by the Commonwealth;
    but the State shall pay to the Commonwealth a part thereof, to be
    calculated on the proportion which his term of service with the State
    bears to his whole term of service, and for the purpose of the calculation
    his salary shall be taken to be that paid to him by the State at the time
    of the transfer.

    Any officer who is, at the establishment of the Commonwealth, in the
    public service of a State, and who is, by consent of the Governor of the
    State with the advice of the Executive Council thereof, transferred to the
    public service of the Commonwealth, shall have the same rights as if he
    had been an officer of a department transferred to the Commonwealth and
    were retained in the service of the Commonwealth.

Transfers of property of State

  1. When any departments of the public service of a State is transferred to
    the Commonwealth:

    1. All property of the State of any kind, used exclusively in connection
      with the department, shall become vested in the Commonwealth; but,
      in the case of the departments controlling customs and excise and
      bounties, for such time only as the Governor-General in Council may
      declare to be necessary;
    2. The Commonwealth may acquire any property of the State, of any kind
      used, but not exclusively used in connection with the department; the
      value thereof shall, if no agreement can be made, be ascertained in, as
      nearly as may be, the manner in which the value of land, or of an interest
      in land, taken by the State for public purposes is ascertained under the
      law of the State in force at the establishment of the Commonwealth;
    3. The Commonwealth shall compensate the State for the value of any
      property passing to the Commonwealth under this section; if no agreement
      can be made as to the mode of compensation, it shall be determined under
      laws to be made by the Parliament;
    4. The Commonwealth shall, at the date of the transfer, assume the
      current obligations of the State in respect of the department transferred.

  2. On the establishment of the Commonwealth, the collection and control
    of duties of customs and of excise, and the control of the payment of
    bounties, shall pass to the Executive Government of the Commonwealth.

  3. During a period of ten years after the establishment of the
    Commonwealth and thereafter until the Parliament otherwise provides, of
    the net revenue of the Commonwealth from duties of customs and of excise
    not more than one-fourth shall be applied annually by the Commonwealth
    towards its expenditure.

    The balance shall, in accordance with the Constitution, be paid to the
    several States, or applied towards the payment of interest on debts of the
    several States taken over by the Commonwealth.

Uniform duties of customs

  1. Uniform duties of customs shall be imposed within two years after the
    establishment of the Commonwealth.

Payment to States before uniform duties

  1. Until the imposition of uniform duties of custom:
    1. The Commonwealth shall credit to each State the revenues collected
      therein by the Commonwealth.
    2. The Commonwealth shall debit to each State:
      1. The expenditure therein of the Commonwealth incurred solely for the
        maintenance or continuance, as at the time of transfer, of any department
        transferred from the State to the Commonwealth;
      2. The proportion of the State, according to the number of its people, in
        the other expenditure of the Commonwealth.
    3. The Commonwealth shall pay to each State month by month the balance
      (if any) in favour of the State.

Exclusive power over customs, excise, and bounties

  1. On the imposition of uniform duties of customs the power of the
    Parliament to impose duties of customs and of excise, and to grant
    bounties on the production or export of goods, shall become exclusive.

    On the imposition of uniform duties of customs all laws of the several
    States imposing duties of customs or of excise, or offering bounties on
    the production or export of goods, shall cease to have effect, but any
    grant of or agreement for any such bounty lawfully made by or under the
    authority of the Government of any State shall be taken to be good if made
    before the thirtieth day of June, One thousand eight hundred and ninety
    eight, and not otherwise.

Exceptions as to bounties

  1. Nothing in this Constitution prohibits a State from granting any aid
    to or bounty on mining for gold, silver, or other metals, not from
    granting, with the consent of both Houses of the Parliament of the
    Commonwealth expressed by resolution, any aid to or bounty on the
    production or export of goods.

Trade within the Commonwealth to be free

  1. On the imposition of uniform duties of customs, trade, commerce, and
    intercourse among the States, whether by means of internal carriage or
    ocean navigation, shall be absolutely free.

    But notwithstanding anything in this Constitution, goods imported before
    the imposition of uniform duties of customs into any State, or into any
    Colony which, whilst the goods remain therein, becomes a State, shall, on
    thence passing into another State within two years after the imposition of
    such duties, be liable to any duty chargeable on the importation of such
    goods into the Commonwealth, less any duty paid in respect of the goods on
    their importation.

Payment to States for five years after uniform tarriffs

  1. During the first five years after the imposition of uniform duties of
    customs, and thereafter until the Parliament otherwise provides

    1. The duties of customs chargeable on goods imported into a State and
      afterwards passing into another State for consumption, and the duties of
      excise paid on goods produced or manufactured in a State and afterwards
      passing into another State for consumption, shall be taken to have been
      collected not in the former but in the latter State;
    2. Subject to the last subsection, the Commonwealth shall credit revenue,
      debit expenditure, and pay balances to the several States as prescribed
      for the period preceding the imposition of uniform duties of customs.

Distribution of surplus

  1. After five years from the imposition of uniform duties of customs, the
    Parliament may provide, on such basis as it deems fair, for the monthly
    payment to the several States of all surplus revenue of the Commonwealth.

Customs duties of Western Australia

  1. Notwithstanding anything in this Constitution, the Parliament of the
    State of Western Australia, if that State be an Original State, may,
    during the first five years after the imposition of uniform duties of
    customs, impose duties of customs on goods passing into that State and not
    originally imported from beyond the limits of the Commonwealth; and such
    duties shall be collected by the Commonwealth.

    But any duty so imposed on any goods shall not exceed during the first of
    such years the duty chargeable on the goods under the law of Western
    Australia in force at the imposition of uniform duties, and shall not
    exceed during the second, third, fourth, and fifth of such years
    respectively, four-fifths, two-fifth, and one-fifth of such latter duty,
    and all duties imposed under this section shall cease at the expiration of
    the fifth year after the imposition of uniform duties.

    If at any time during the five years the duty on any goods under this
    section is higher than the duty imposed by the Commonwealth on the
    importation of the like goods, then such higher duty shall be collected on
    the goods when imported into Western Australia from beyond the limits of
    the Commonwealth.

Financial assistance to States

  1. During a period of ten years after the establishment of the
    Commonwealth and thereafter until the Parliament otherwise provides, the
    Parliament may grant financial assistance to any State on such terms and
    conditions as the Parliament thinks fit.

Audit

  1. Until the Parliament otherwise provides, the laws in force in any
    Colony which has become or becomes a State with respect to the receipt of
    revenue and the expenditure of money on account of the Government of the
    Colony, and the review and audit of such receipt and expenditure, shall
    apply to the receipt of revenue and the expenditure of money on account of
    the Commonwealth in the State in the same manner as if the Commonwealth,
    or the Government or an officer of the Commonwealth were mentioned
    whenever the Colony, or the Government or an officer of the Colony, is
    mentioned.

Trade and commerce includes navigation and State railways

  1. The power of the Parliament to make laws with respect to trade and
    commerce extends to navigation and shipping, and to railways the property
    of any State.

Commonwealth not to give preference

  1. The Commonwealth shall not, by any law or regulation of trade,
    commerce, or revenue, give preference to one State or any part thereof
    over another State or any part thereof.

Nor abridge right to use water

  1. The Commonwealth shall not, by any law or regulation of trade or
    commerce, abridge the right of a State or of the residents therein to the
    reasonable use of the waters of rivers for conservation or irrigation.

Inter-State Commission

  1. There shall be an Inter-State Commission, with such powers of
    adjudication and administration as the Parliament deems necessary for the
    execution and maintenance, within the Commonwealth, of the provisions of
    this Constitution relating to trade and commerce, and of all laws made
    thereunder.

Parliament may forbid preferences by State

  1. The Parliament may by any law with respect to trade or commerce
    forbid, as to railways, any preference or discrimination by any State, or
    by any authority constituted under a State, if such preference or
    discrimination is undue and unreasonable, or unjust to any State; due
    regard being had to the financial responsibilities incurred by any State
    in connection with the construction and maintenance of its railways. But
    no preference or discrimination shall, within the meaning of this section,
    be taken to be undue and unreasonable, or unjust to any State, unless so
    adjudged by the Inter-State Commission.

Commissioners’ appointment, tenure and remuneration

  1. The members of the Inter-State Commission:
    1. Shall be appointed by the Governor-General
      President in Council;
    2. Shall hold office for seven years, but may be removed within that time
      by the Governor-General President in Council, on
      an address from both Houses of the Parliament in the same session praying
      for such removal on the ground of proved misbehaviour or incapacity;
    3. Shall receive such remuneration as the Parliament may fix; but such
      remuneration shall not be diminished during their continuance in office.

Saving of certain rates

  1. Nothing in this Constitution shall render unlawful any rate for the
    carriage of goods upon a railway, the property of a State, if the rate is
    deemed by the Inter-State Commission to be necessary for the development
    of the territory of the State, and if the rate applies equally to goods
    within the State and to goods passing into the State from other States.

Taking over public debts of States

  1. The Parliament may take over from the States their public debts, or a
    proportion thereof according to the respective numbers of their people as
    shown by the latest statistics of the Commonwealth, and may convert,
    renew, or consolidate such debts, or any part thereof; ad the States shall
    indemnify the Commonwealth in respect of the debts taken over, and
    thereafter the interest payable in respect of the debts shall be deducted
    and retained from the portions of the surplus revenue of the Commonwealth
    payable to the several States, or if such surplus is insufficient, or if
    there is no surplus, then the deficiency or the whole amount shall be paid
    by the several States.

Agreements with respect to State debts

105A.

  1. The Commonwealth may make agreements with the States with respect to
    the public debts of the States, including:

    1. the taking over of such debts by the Commonwealth;
    2. the management of such debts;
    3. the paying of interest and the provision and management of sinking
      funds in respect of such debts;
    4. the consolidation, renewal, conversion, and redemption of such debts;
    5. the indemnification of the Commonwealth by the States in respect of
      debts taken over by the Commonwealth; and
    6. the borrowing of money by the States or by the Commonwealth, or by the
      Commonwealth for the States.

  2. The Parliament may make laws for validating any such agreement made
    before the commencement of this section.

  3. The Parliament may make laws for the carrying out by the parties of
    any such agreement.

  4. Any such agreement may be varied or rescinded by the parties therein.

  5. Every such agreement and any such variation thereof shall be binding
    upon the Commonwealth and the States parties thereto notwithstanding
    anything contained in this Constitution or the Constitution of the several
    States or in any law of the Parliament of the Commonwealth or of any
    State.

  6. The powers conferred by this section shall not be construed as being
    limited in any way by the provision of section one hundred and five of
    this Constitution.

Chapter V – The States

Saving of Constitutions

  1. The Constitution of each State of the Commonwealth shall, subject to
    this Constitution, continue as at the establishment of the Commonwealth,
    or as at the admission of establishment of the State, as the case may be,
    until altered in accordance with the Constitution of the State.

Saving of Power of State Parliaments

  1. Every power of the Parliament of a Colony which has become or becomes
    a State, shall, unless it is by this Constitution exclusively vested in
    the Parliament of the Commonwealth or withdrawn from the Parliament of the
    State, continue as at the establishment of the Commonwealth, or as at the
    admission or establishment of the State, as the case may be.

Saving of State laws

  1. Every law in force in a Colony which has become or becomes a State,
    and relating to any matter within the powers of the Parliament of the
    Commonwealth shall, subject to this Constitution, continue in force in the
    State; and, until provision is made in that behalf by the Parliament of
    the Commonwealth, the Parliament of the State shall have such powers of
    alteration and of repeal in respect of any such law as the Parliament of
    the Colony had until the Colony became a State.

Inconsistency of laws

  1. When a law of a State is inconsistent with a law of the Commonwealth,
    the latter shall prevail, and the former shall, to the extent of the
    inconsistency, be invalid.

Provisions referring to Governor

  1. The provisions of this Constitution relating to the Governor of a
    State extend and apply to the Governor for the time being of the State, or
    other chief executive officer or administrator of the government of the
    State.

States may surrender territory

  1. The Parliament of a State may surrender any part of the State to the
    Commonwealth; and upon such surrender, and the acceptance thereof by the
    Commonwealth, such part of the State shall become subject to the exclusive
    jurisdiction of the Commonwealth.

States may levy charges for inspection laws

  1. After uniform duties of customs have been imposed, a State may levy on
    imports, or on goods passing into or out of the State such charges as my
    be necessary for executing the inspection laws of the State; but the net
    produce of all charges so levied shall be for the use of the Commonwealth;
    and any such inspection laws may be annulled by the Parliament of the
    Commonwealth.

Intoxicating liquids

  1. All fermented, distilled, or other intoxicating liquids passing into
    any State or remaining therein for use, consumption, sale, or storage,
    shall be subject to the laws of the State as if such liquids had been
    produced in the State.

States may not raise forces. Taxation of property of
Commonwealth or State

  1. A State shall not, without the consent of the Parliament of the
    Commonwealth, raise or maintain any naval or military force, or impose any
    tax on property of any kind belonging to the Commonwealth, not shall the
    Commonwealth impose any tax on property of any kind belonging to a State.

States not to coin money

  1. A State shall not coin money, nor make anything but gold and silver
    coin a legal tender in payment of debts.

Commonwealth not to legislate in respect of religion

  1. The Commonwealth shall not make any law for establishing any religion,
    or for imposing any religious observance, or for prohibiting the free
    exercise of any religion, and no religious test shall be required as a
    qualification for any office or public trust under the Commonwealth.

Rights of residents in States

  1. A subject of the Queen An Australian Citizen,
    resident in any State, shall not be subject to any other State to any
    disability or discrimination which would not be equally applicable to him
    if he were a subject of the Queen an Australian
    Citizen
    resident in such other State.

Recognition of laws etc. of States

  1. Full faith and credit shall be given, throughout the Commonwealth to
    the laws, the public Acts and records, and the judicial proceeding of
    every State.

Protection of States from invasion and violence

  1. The Commonwealth shall protect every State against the invasion and,
    on the application of the Executive Government of the State, against
    domestic violence.

Custody of offenders against laws of the Commonwealth

  1. Every State shall make provisions for the detention in its prisons of
    persons accused or convicted of offences against the laws of the
    Commonwealth, and for the punishment of persons convicted of such
    offences, and the Parliament of the Commonwealth may make laws to give
    effects to this provision.

Chapter VI – New States

New states may be admitted or established

  1. The Parliament may admit to the Commonwealth or establish new States,
    and may upon such admission or establishment make or impose such terms and
    conditions, including the extent of representation in either House of the
    Parliament, as it thinks fit.

Government of territories

  1. The Parliament may make laws for the government of any territory
    surrendered by any State to and accepted by the Commonwealth, or of any
    territory placed by the Queen under the authority of an
    accepted by the Commonwealth, and may allow the representation of such
    territory in either House of the Parliament to the extent and on the terms
    which it thinks fit.

Alteration of limits of States

  1. The Parliament of the Commonwealth may, with the consent of the
    Parliament of a State, and the approval of the majority of the electors of
    the State voting upon the question, increase, diminish, or otherwise alter
    the limits of the State, upon such terms and conditions as may be agreed
    on, and may, with the like consent, make provision respecting the effect
    and operation of any increase or diminution or alteration of territory in
    relation to any State affected.

Formation of new States

  1. A new State may be formed by separation of territory from a State, but
    only with the consent of the Parliament thereof, and a new State may be
    formed by the union of two or more States or parts of States, but only
    with the consent of the Parliaments of the States affected.

Chapter VII – Miscellaneous

Seat of Government

  1. The seat of Government of the Commonwealth shall be determined by the
    Parliament, and shall be within territory which shall have been granted to
    or acquired by the Commonwealth, and shall be vested in and belong to the
    Commonwealth, and shall be in the State of New South Wales, and be distant
    not less than one hundred miles from Sydney.

    Such territory shall contain an area of not less than one hundred square
    miles, and such portion thereof as shall consist of Crown lands shall be
    granted to the Commonwealth without any payment therefor. The Parliament
    shall sit at Melbourne until it meet at the seat of Government.


Power to Her Majesty to authorise Governor-General to
appoint deputies

  1. The Queen may authorise the Governor-General to appoint any person, or
    any persons jointly or severally, to be his deputy or deputies within any
    part of the Commonwealth, and in that capacity to exercise during the
    pleasure of the Governor-General as he thinks fit to assign to such deputy
    or deputies, subject to any limitations expressed or directions given by
    the Queen; but the appointment of such deputy or deputies shall not affect
    the exercise by the Governor-General himself of any power or function.


Operation of Constitution and laws

  1. This Constitution, and all laws made under it by the Parliament, shall
    be binding on the courts, judges, and people of every State and of every
    part of the Commonwealth, notwithstanding anything in the laws of any
    State.

Definitions

  1. In this Constitution:

    Australian citizen means a person who is an Australian citizen
    according to the laws made by the Parliament.

    The Commonwealth means the Commonwealth of Australia under this
    Constitution.

    The original States means New South Wales, Queensland, Tasmania,
    Victoria, Western Australia and South Australia.

    The President means the President for the time being.

    The President in Council means the President acting with the advice
    of the Federal Executive Council.

    The States means the original States, and such territories as may
    be admitted into or established by the Commonwealth as States.

Chapter VIII – Alteration Of The Constitution

Mode of altering the Constitution

  1. This Constitution shall not be altered except in the following
    manner:

    The proposed law for the alteration thereof must be passed by an absolute
    majority of each House of the Parliament, and not less than two nor more
    than six months after its passage through both Houses the proposed law
    shall be submitted in each State and Territory to the electors qualified
    to vote for the election of members of the House of Representatives.

    But if either House passes any such proposed law by an absolute majority,
    and the other House rejects or fails to pass it, or passes it with any
    amendments to which the first-mentioned House will not agree, and if after
    an interval of three months the first-mentioned House in the same or the
    next session again passes the proposed law by an absolute majority with or
    without any amendment which has been made or agreed to by the other House,
    and such other House rejects or fails to pass it or passes it with any
    amendment to which the first-mentioned House will not agree, the
    Governor-General President may submit the proposed
    law as last proposed by the first-mentioned House, and either with or
    without any amendments subsequently agreed to by both Houses, to the
    electors in each State and Territory qualified to vote for the election of
    the House of Representatives.

    When a proposed law is submitted to the electors the vote shall be taken
    in such manner as the Parliament prescribes. But until the qualification
    of electors of members of the House of Representatives becomes uniform
    throughout the Commonwealth, only one-half the electors voting for and
    against the proposed law shall be counted in any State in which adult
    suffrage prevails.

    And if in a majority of the States a majority of the electors voting
    approve the proposed law, and if a majority of all the electors voting
    also approve the proposed law, it shall be presented to the
    Governor-General President for the
    Queen’s
    assent.

    No alteration diminishing the proportionate representation of any State in
    either House of the Parliament, or the minimum number of representatives
    of a State in the House of Representative, in increasing, diminishing, or
    otherwise altering the limits of the State, or in any manner affecting the
    provisions of the Constitution in relation thereto, shall become law
    unless the majority of the electors voting in that State approve the
    proposed law.

    In this section “Territory” means any territory referred to in section one
    hundred and twenty-two of this Constitution in respect of which there is
    in force a law allowing its representation in the House of
    Representatives.


Schedule 1 – Oaths and affirmations

OATH

I, A.B., do swear that I will be faithful and bear true allegiance to
Her Majesty Queen Victoria, Her heirs and successors according to law. SO
HELP ME GOD!

AFFIRMATION

I, A.B., do solemnly and sincerely affirm and declare that I will be
faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs
and successors according to law.

(NOTE – The name of the King or Queen of the United Kingdom of Great Britain
and Ireland for the time being is to be substituted from time to time.)


Part 1 – Oath or affirmation of allegiance: Members of Parliament

Under God I swear that I will be loyal to the Commonwealth of Australia
and the Australian people, whose laws I will uphold.

I solemnly and sincerely affirm that I will be loyal to the Commonwealth
of Australia and the Australian people, whose laws I will uphold.

Part 2 – Oath or affirmation of office: President

Under God I swear that I will be loyal to the Commonwealth of Australia
and the Australian people, whose rights and liberties I respect and whose
laws I will uphold, and that I will serve the Australian people according
to law without fear or favour.

I solemnly and sincerely affirm that I will be loyal to the Commonwealth
of Australia and the Australian people, whose rights and liberties I
respect and whose laws I will uphold, and that I will serve the Australian
people according to law without fear or favour.


Schedule 2 – Transitional provisions for the
establishment of the republic

  1. The Governor-General

    The office of Governor-General ceases to exist at the commencement of
    Schedules 1 and 2 to the Constitution Alteration (Establishment of
    Republic) 1999
    .

  2. The first President

    The first President may be chosen before the office of Governor-General
    ceases to exist, as if the provisions of this Constitution relating to the
    choice of the President had commenced when the Constitution
    Alteration (Establishment of Republic) 1999
    was enacted.

    The first President’s term of office begins on 1 January 2001. The person
    chosen shall make and subscribe the President’s oath or affirmation of
    office under section 60 on or before that day.

    But if no person is chosen as the first President before that day, the
    first President’s term of office begins on the day after the person chosen
    makes the oath or affirmation. Until that term begins, a person shall act
    as President in accordance with section 63.

  3. Parliament may make laws during transitional period

    Before the office of Governor-General ceases to exist, the Parliament may
    make laws that the Parliament could have made after that time because of
    the enactment of the Constitution Alteration (Establishment of
    Republic) 1999
    , and such laws may take effect before that time.

  4. Savings

    The alterations of this Constitution made by the Constitution
    Alteration (Establishment of Republic) 1999
    do not affect:

    1. the validity or continued effect, after the office of Governor-General
      ceases to exist, of anything done before that time under this Constitution
      or under the law in force in the Commonwealth; or
    2. the continuity of the Parliament and its proceedings after the office
      of Governor-General ceases to exist; or
    3. the qualifications of a senator or a member of the House of
      Representatives for the remainder of the term of a person who is a senator
      or member when the office of Governor-General ceases to exist; or
    4. the continuity of the Executive Government of the Commonwealth,
      including in particular the membership and proceedings of the Federal
      Executive Council, after the office of Governor-General ceases to exist;
      or
    5. the continuity of courts and their jurisdiction and proceedings after
      the office of Governor-General ceases to exist.

    After the office of Governor-General ceases to exist, anything done before
    that time for the purposes of a provision of this Constitution by the
    Governor-General, or by the Governor-General in Council, has effect as if
    it had been done by the President, or by the President in Council, as the
    case requires.

    Despite the alteration of section 117 of this Constitution made by the
    Constitution Alteration (Establishment of Republic) 1999,
    that section continues to apply for the benefit of subjects of the Queen
    who were resident in a State immediately before the alteration took
    effect.

  5. The States

    A State that has not altered its laws to sever its links with the
    Crown by the time the office of Governor-General ceases to exist
    retains its links with the Crown until it has so altered its laws.

  6. Unified federal system

    The alterations of this Constitution made by the Constitution
    Alteration (Establishment of Republic) 1999
    do not affect the
    continuity of the federal system, including the unified system of
    law, under this Constitution.

  7. Constitutional conventions

    The enactment of the Constitution Alteration (Establishment of
    Republic) 1999
    does not prevent the evolution of the constitutional
    conventions, including those relating to the exercise of the reserve
    powers referred to in section 59 of this Constitution.

  8. Justiciability

    The enactment of the Constitution Alteration (Establishment of
    Republic) 1999
    does not make justiciable the exercise by the
    President of a reserve power referred to in section 59 of this
    Constitution if the exercise by the Governor-General of that power was not
    justiciable.

  9. Interpretation

    The reference to the Crown in clause 5 of this Schedule shall
    extend to the Queen’s heirs and successors in the sovereignty of
    the United Kingdom.