Constitution.doc 25/07/2003 3:09 pm
Commonwealth of Australia Constitution
Act
(The Constitution)
This compilation was prepared on 25 July 2003
taking into account alterations up to Act No. 84 of 1977
[Note: This compilation contains all amendments to the Constitution
made by the Constitution Alterations specified in Note 1
Additions to the text are shown in bold type
Omitted text is shown as ruled through]
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Commonwealth of Australia Constitution Act iii
Contents
Covering clauses
1 Short title [see Note 1] ...................................................................... 7
2 Act to extend to the Queen’s successors ........................................... 7
3 Proclamation of Commonwealth [see Note 2] .................................. 7
4 Commencement of Act ..................................................................... 8
5 Operation of the Constitution and laws [see Note 3] ........................ 8
6 Definitions ........................................................................................ 8
7 Repeal of Federal Council Act [see Note 4]...................................... 8
8 Application of Colonial Boundaries Act ........................................... 9
9 Constitution [see Note 1] .................................................................. 9
Chapter I—The Parliament 1
Part I—General 1
1 Legislative power.............................................................................. 1
2 Governor-General ............................................................................. 1
3 Salary of Governor-General.............................................................. 1
4 Provisions relating to Governor-General .......................................... 1
5 Sessions of Parliament. Prorogation and dissolution ........................ 2
6 Yearly session of Parliament............................................................. 2
Part II—The Senate 3
7 The Senate [see Note 5] .................................................................... 3
8 Qualification of electors.................................................................... 3
9 Method of election of senators [see Note 6]...................................... 3
10 Application of State laws .................................................................. 4
11 Failure to choose senators................................................................. 4
12 Issue of writs..................................................................................... 4
13 Rotation of senators .......................................................................... 4
14 Further provision for rotation [see Note 7] ....................................... 5
15 Casual vacancies [see Note 8]........................................................... 6
16 Qualifications of senator ................................................................... 8
17 Election of President ......................................................................... 8
18 Absence of President......................................................................... 8
19 Resignation of senator....................................................................... 8
20 Vacancy by absence.......................................................................... 9
21 Vacancy to be notified ...................................................................... 9
22 Quorum............................................................................................. 9
23 Voting in the Senate.......................................................................... 9
Part III—The House of Representatives 10
24 Constitution of House of Representatives ....................................... 10
25 Provision as to races disqualified from voting ................................ 10
iv Commonwealth of Australia Constitution Act
26 Representatives in first Parliament.................................................. 11
27 Alteration of number of members ................................................... 11
28 Duration of House of Representatives ............................................ 11
29 Electoral divisions [see Note 9] ...................................................... 11
30 Qualification of electors.................................................................. 12
31 Application of State laws ................................................................ 12
32 Writs for general election................................................................ 12
33 Writs for vacancies ......................................................................... 12
34 Qualifications of members .............................................................. 13
35 Election of Speaker ......................................................................... 13
36 Absence of Speaker ........................................................................ 13
37 Resignation of member ................................................................... 13
38 Vacancy by absence........................................................................ 14
39 Quorum........................................................................................... 14
40 Voting in House of Representatives................................................ 14
Part IV—Both Houses of the Parliament 15
41 Right of electors of States ............................................................... 15
42 Oath or affirmation of allegiance .................................................... 15
43 Member of one House ineligible for other ...................................... 15
44 Disqualification............................................................................... 15
45 Vacancy on happening of disqualification ...................................... 16
46 Penalty for sitting when disqualified............................................... 16
47 Disputed elections........................................................................... 17
48 Allowance to members ................................................................... 17
49 Privileges etc. of Houses................................................................. 17
50 Rules and orders.............................................................................. 17
Part V—Powers of the Parliament 18
51 Legislative powers of the Parliament [see Notes 10 and 11]........... 18
52 Exclusive powers of the Parliament................................................ 20
53 Powers of the Houses in respect of legislation................................ 20
54 Appropriation Bills ......................................................................... 21
55 Tax Bill ........................................................................................... 21
56 Recommendation of money votes ................................................... 21
57 Disagreement between the Houses.................................................. 22
58 Royal assent to Bills ....................................................................... 23
59 Disallowance by the Queen............................................................. 23
60 Signification of Queen’s pleasure on Bills reserved ....................... 23
Chapter II—The Executive Government 24
61 Executive power ............................................................................. 24
62 Federal Executive Council .............................................................. 24
63 Provisions referring to Governor-General....................................... 24
Commonwealth of Australia Constitution Act v
64 Ministers of State............................................................................ 24
65 Number of Ministers ....................................................................... 25
66 Salaries of Ministers ....................................................................... 25
67 Appointment of civil servants ......................................................... 25
68 Command of naval and military forces ........................................... 25
69 Transfer of certain departments ...................................................... 25
70 Certain powers of Governors to vest in Governor-General............. 26
Chapter III—The Judicature 27
71 Judicial power and Courts............................................................... 27
72 Judges’ appointment, tenure, and remuneration.............................. 27
73 Appellate jurisdiction of High Court............................................... 28
74 Appeal to Queen in Council [see Note 12] ..................................... 29
75 Original jurisdiction of High Court................................................. 29
76 Additional original jurisdiction....................................................... 30
77 Power to define jurisdiction ............................................................ 30
78 Proceedings against Commonwealth or State ................................. 30
79 Number of judges............................................................................ 30
80 Trial by jury .................................................................................... 31
Chapter IV—Finance and Trade 32
81 Consolidated Revenue Fund ........................................................... 32
82 Expenditure charged thereon .......................................................... 32
83 Money to be appropriated by law.................................................... 32
84 Transfer of officers ......................................................................... 32
85 Transfer of property of State........................................................... 33
86 [Customs, excise, and bounties] [see Note 13] ............................... 34
87 [Revenue from customs and excise duties] [see Note 13]............... 34
88 Uniform duties of customs.............................................................. 34
89 Payment to States before uniform duties......................................... 34
90 Exclusive power over customs, excise, and bounties...................... 35
91 Exceptions as to bounties................................................................ 35
92 Trade within the Commonwealth to be free.................................... 35
93 Payment to States for five years after uniform tariffs ..................... 36
94 Distribution of surplus .................................................................... 36
95 Customs duties of Western Australia .............................................. 36
96 Financial assistance to States .......................................................... 37
97 Audit ............................................................................................... 37
98 Trade and commerce includes navigation and State railways ......... 37
99 Commonwealth not to give preference ........................................... 38
100 Nor abridge right to use water......................................................... 38
101 Inter-State Commission .................................................................. 38
102 Parliament may forbid preferences by State.................................... 38
103 Commissioners’ appointment, tenure, and remuneration................ 38
vi Commonwealth of Australia Constitution Act
104 Saving of certain rates..................................................................... 39
105 Taking over public debts of States .................................................. 39
105A Agreements with respect to State debts........................................... 39
Chapter V—The States 41
106 Saving of Constitutions................................................................... 41
107 Saving of Power of State Parliaments ............................................. 41
108 Saving of State laws........................................................................ 41
109 Inconsistency of laws...................................................................... 41
110 Provisions referring to Governor .................................................... 42
111 States may surrender territory ......................................................... 42
112 States may levy charges for inspection laws ................................... 42
113 Intoxicating liquids ......................................................................... 42
114 States may not raise forces. Taxation of property of
Commonwealth or State.................................................................. 42
115 States not to coin money................................................................. 43
116 Commonwealth not to legislate in respect of religion..................... 43
117 Rights of residents in States ............................................................ 43
118 Recognition of laws etc. of States ................................................... 43
119 Protection of States from invasion and violence ............................. 43
120 Custody of offenders against laws of the Commonwealth .............. 43
Chapter VI—New States 44
121 New States may be admitted or established .................................... 44
122 Government of territories................................................................ 44
123 Alteration of limits of States ........................................................... 44
124 Formation of new States ................................................................. 44
Chapter VII—Miscellaneous 45
125 Seat of Government ........................................................................ 45
126 Power to Her Majesty to authorise Governor-General to
appoint deputies [see Note 14]........................................................ 45
Chapter VIII—Alteration of the Constitution 46
128 Mode of altering the Constitution [see Note 1] ............................... 46
Schedule 48
Notes 49
Clause 1
Commonwealth of Australia Constitution Act 7
An Act to constitute the Commonwealth of
Australia
[9th July 1900]
WHEREAS the people of New South Wales, Victoria, South Australia,
Queensland, and Tasmania, humbly relying on the blessing of Almighty God,
have agreed to unite in one indissoluble Federal Commonwealth under the
Crown of the United Kingdom of Great Britain and Ireland, and under the
Constitution hereby established:
And whereas it is expedient to provide for the admission into the
Commonwealth of other Australasian Colonies and possessions of the Queen:
Be it therefore enacted by the Queen’s most Excellent Majesty, by and with
the advice and consent of the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, and by the authority of the same, as follows:
1 Short title [see Note 1]
This Act may be cited as the Commonwealth of Australia
Constitution Act.
2 Act to extend to the Queen’s successors
The provisions of this Act referring to the Queen shall extend to
Her Majesty’s heirs and successors in the sovereignty of the United
Kingdom.
3 Proclamation of Commonwealth [see Note 2]
It shall be lawful for the Queen, with the advice of the Privy
Council, to declare by proclamation that, on and after a day therein
appointed, not being later than one year after the passing of this
Act, the people of New South Wales, Victoria, South Australia,
Queensland, and Tasmania, and also, if Her Majesty is satisfied
that the people of Western Australia have agreed thereto, of
Western Australia, shall be united in a Federal Commonwealth
under the name of the Commonwealth of Australia. But the Queen
may, at any time after the proclamation, appoint a
Governor-General for the Commonwealth.
Clause 4
8 Commonwealth of Australia Constitution Act
4 Commencement of Act
The Commonwealth shall be established, and the Constitution of
the Commonwealth shall take effect, on and after the day so
appointed. But the Parliaments of the several colonies may at any
time after the passing of this Act make any such laws, to come into
operation on the day so appointed, as they might have made if the
Constitution had taken effect at the passing of this Act.
5 Operation of the Constitution and laws [see Note 3]
This Act, and all laws made by the Parliament of the
Commonwealth under the Constitution, 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;
and the laws of the Commonwealth shall be in force on all British
ships, the Queen’s ships of war excepted, whose first port of
clearance and whose port of destination are in the Commonwealth.
6 Definitions
The Commonwealth shall mean the Commonwealth of Australia
as established under this Act.
The States shall mean such of the colonies of New South Wales,
New Zealand, Queensland, Tasmania, Victoria, Western Australia,
and South Australia, including the northern territory of South
Australia, as for the time being are parts of the Commonwealth,
and such colonies or territories as may be admitted into or
established by the Commonwealth as States; and each of such parts
of the Commonwealth shall be called a State.
Original States shall mean such States as are parts of the
Commonwealth at its establishment.
7 Repeal of Federal Council Act [see Note 4]
The Federal Council of Australasia Act, 1885, is hereby repealed,
but so as not to affect any laws passed by the Federal Council of
Australasia and in force at the establishment of the
Commonwealth.
Clause 8
Commonwealth of Australia Constitution Act 9
Any such law may be repealed as to any State by the Parliament of
the Commonwealth, or as to any colony not being a State by the
Parliament thereof.
8 Application of Colonial Boundaries Act
After the passing of this Act the Colonial Boundaries Act, 1895,
shall not apply to any colony which becomes a State of the
Commonwealth; but the Commonwealth shall be taken to be a
self-governing colony for the purposes of that Act.
9 Constitution [see Note 1]
The Constitution of the Commonwealth shall be as follows:
The Constitution
This Constitution is divided as follows:
Chapter I—The Parliament
Part I—General
Part II—The Senate
Part III—The House of Representatives
Part IV—Both Houses of the Parliament
Part V—Powers of the Parliament
Chapter II—The Executive Government
Chapter III—The Judicature
Chapter IV—Finance and Trade
Chapter V—The States
Chapter VI—New States
Chapter VII—Miscellaneous
Chapter VIII—Alteration of the Constitution
The Schedule
Commonwealth of Australia Constitution Act 1
Chapter I—The Parliament
Part I—General
1 Legislative power
The legislative power of the Commonwealth shall be vested in a
Federal Parliament, which shall consist of the Queen, a Senate, and
a House of Representatives, and which is hereinafter called The
Parliament, or The Parliament of the Commonwealth.
2 Governor-General
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.
3 Salary of Governor-General
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 a Governor-General shall not be altered during his
continuance in office.
4 Provisions relating to Governor-General
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.
Chapter I The Parliament
Part I General
Section 5
2 Commonwealth of Australia Constitution Act
5 Sessions of Parliament. Prorogation and dissolution
The Governor-General 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.
6 Yearly session of Parliament
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
next session.
The Parliament Chapter I
The Senate Part II
Section 7
Commonwealth of Australia Constitution Act 3
Part II—The Senate
7 The Senate [see Note 5]
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.
8 Qualification of electors
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.
9 Method of election of senators [see Note 6]
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
Chapter I The Parliament
Part II The Senate
Section 10
4 Commonwealth of Australia Constitution Act
of each State may make laws prescribing the method of choosing
the senators for that State.
Times and places [see Note 6]
The Parliament of a State may make laws for determining the times
and places of elections of senators for the State.
10 Application of State laws
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.
11 Failure to choose senators
The Senate may proceed to the despatch of business,
notwithstanding the failure of any State to provide for its
representation in the Senate.
12 Issue of writs
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.
13 Rotation of senators
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
the third year three years, and the places of those of the second
class at the expiration of the sixth year six years, from the
beginning of their term of service; and afterwards the places of
senators shall become vacant at the expiration of six years from the
beginning of their term of service.
The Parliament Chapter I
The Senate Part II
Section 14
Commonwealth of Australia Constitution Act 5
The election to fill vacant places shall be made in the year at the
expiration of which within one year before the places are to
become vacant.
For the purposes of this section the term of service of a senator
shall be taken to begin on the first day of January 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 January July preceding
the day of his election.
14 Further provision for rotation [see Note 7]
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.
15 Casual vacancies
If the place of a senator becomes vacant before the expiration of
his term of service, the House of Parliament of the State for which
he was chosen shall, sitting and voting together, choose a person to
hold the place until the expiration of the term, or until the election
of a successor as hereinafter provided, whichever first happens.
But if the Houses of Parliament of the State are not in session at the
time 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 after the
beginning of the next session of the Parliament of the State, or until
the election of a successor, whichever first happens.
At the next general election of members of the House of
Representatives, or at the next election of senators for the State,
whichever first happens, a successor shall, if the term has not then
expired, be chosen to hold the place from the date of his election
until the expiration of the term.
The name of any senator so chosen or appointed shall be certified
by the Governor of the State to the Governor-General.
Chapter I The Parliament
Part II The Senate
Section 15
6 Commonwealth of Australia Constitution Act
15 Casual vacancies [see Note 8]
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 recognized by a particular
political party as being an endorsed candidate of that party
and publicly represented himself to be such a 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:
(a) 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
(b) before taking his seat he ceases 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 any senator chosen or appointed under this
section shall be certified by the Governor of the State to the
Governor-General.
The Parliament Chapter I
The Senate Part II
Section 15
Commonwealth of Australia Constitution Act 7
If the place of a senator chosen by the people of the 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 Constitution Alteration
(Senate Casual 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 “Constitution 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:
Chapter I The Parliament
Part II The Senate
Section 16
8 Commonwealth of Australia Constitution Act
(a) 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
(b) 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 second 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.
16 Qualifications of senator
The qualifications of a senator shall be the same as those of a
member of the House of Representatives.
17 Election of President
The Senate shall, before proceeding to the despatch of any other
business, choose a senator to be the President of the Senate; and as
often as the office of President becomes vacant the Senate shall
again choose a senator to be the President.
The President 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.
18 Absence of President
Before or during any absence of the President, the Senate may
choose a senator to perform his duties in his absence.
19 Resignation of senator
A senator may, by writing addressed to the President, or to the
Governor-General if there is no President or if the President is
The Parliament Chapter I
The Senate Part II
Section 20
Commonwealth of Australia Constitution Act 9
absent from the Commonwealth, resign his place, which thereupon
shall become vacant.
20 Vacancy by absence
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.
21 Vacancy to be notified
Whenever a vacancy happens in the Senate, the President, or if
there is no President or if the President is absent from the
Commonwealth the Governor-General, shall notify the same to the
Governor of the State in the representation of which the vacancy
has happened.
22 Quorum
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.
23 Voting in the Senate
Questions arising in the Senate shall be determined by a majority
of votes, and each senator shall have one vote. The President shall
in all cases be entitled to a vote; and when the votes are equal the
question shall pass in the negative.
Chapter I The Parliament
Part III The House of Representatives
Section 24
10 Commonwealth of Australia Constitution Act
Part III—The House of Representatives
24 Constitution of House of Representatives
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 the senators.
The number of members chosen in the several States shall be in
proportion to the respective numbers of their people, and shall,
until the Parliament otherwise provides, be determined, whenever
necessary, in the following manner:
(i) 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 the
senators;
(ii) the number of members to be chosen in each State shall be
determined by dividing the number of the 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.
25 Provision as to races disqualified from voting
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 that race resident in that State shall not
be counted.
The Parliament Chapter I
The House of Representatives Part III
Section 26
Commonwealth of Australia Constitution Act 11
26 Representatives in first Parliament
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.
27 Alteration of number of members
Subject to this Constitution, the Parliament may make laws for
increasing or diminishing the number of the members of the House
of Representatives.
28 Duration of House of Representatives
Every House of Representatives shall continue for three years from
the first meeting of the House, and no longer, but may be sooner
dissolved by the Governor-General.
29 Electoral divisions [see Note 9]
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
Chapter I The Parliament
Part III The House of Representatives
Section 30
12 Commonwealth of Australia Constitution Act
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.
30 Qualification of electors
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.
31 Application of State laws
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.
32 Writs for general election
The Governor-General 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.
33 Writs for vacancies
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 the
Governor-General in Council may issue the writ.
The Parliament Chapter I
The House of Representatives Part III
Section 34
Commonwealth of Australia Constitution Act 13
34 Qualifications of members
Until the Parliament otherwise provides, the qualifications of a
member of the House of Representatives shall be as follows:
(i) 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 qualified 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 is chosen;
(ii) he must be a subject of the Queen, either natural-born or for
at least five years naturalized 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.
35 Election of Speaker
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.
36 Absence of Speaker
Before or during any absence of the Speaker, the House of
Representatives may choose a member to perform his duties in his
absence.
37 Resignation of member
A member may by writing addressed to the Speaker, or to the
Governor-General if there is no Speaker or if the Speaker is absent
from the Commonwealth, resign his place, which thereupon shall
become vacant.
Chapter I The Parliament
Part III The House of Representatives
Section 38
14 Commonwealth of Australia Constitution Act
38 Vacancy by absence
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.
39 Quorum
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 its powers.
40 Voting in House of Representatives
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.
The Parliament Chapter I
Both Houses of the Parliament Part IV
Section 41
Commonwealth of Australia Constitution Act 15
Part IV—Both Houses of the Parliament
41 Right of electors of States
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.
42 Oath or affirmation of allegiance
Every senator and every member of the House of Representatives
shall before taking his seat make and subscribe before the
Governor-General, or some person authorised by him, an oath or
affirmation of allegiance in the form set forth in the schedule to
this Constitution.
43 Member of one House ineligible for other
A member of either House of the Parliament shall be incapable of
being chosen or of sitting as a member of the other House.
44 Disqualification
Any person who:
(i) is under any acknowledgment 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 a citizen of a
foreign power; or
(ii) is attainted 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
(iii) is an undischarged bankrupt or insolvent; or
Chapter I The Parliament
Part IV Both Houses of the Parliament
Section 45
16 Commonwealth of Australia Constitution Act
(iv) holds any office of profit under the Crown, or any pension
payable during the pleasure of the Crown out of any of the
revenues of the Commonwealth; or
(v) 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 subsection (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.
45 Vacancy on happening of disqualification
If a senator or member of the House of Representatives:
(i) becomes subject to any of the disabilities mentioned in the
last preceding section; or
(ii) takes the benefit, whether by assignment, composition, or
otherwise, of any law relating to bankrupt or insolvent
debtors; or
(iii) 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.
46 Penalty for sitting when disqualified
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.
The Parliament Chapter I
Both Houses of the Parliament Part IV
Section 47
Commonwealth of Australia Constitution Act 17
47 Disputed elections
Until the Parliament otherwise provides, any question respecting
the qualification of a senator or of a member of the House of
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.
48 Allowance to members
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.
49 Privileges etc. of Houses
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.
50 Rules and orders
Each House of the Parliament may make rules and orders with
respect to:
(i) the mode in which its powers, privileges, and immunities
may be exercised and upheld;
(ii) the order and conduct of its business and proceedings either
separately or jointly with the other House.
Chapter I The Parliament
Part V Powers of the Parliament
Section 51
18 Commonwealth of Australia Constitution Act
Part V—Powers of the Parliament
51 Legislative powers of the Parliament [see Notes 10 and 11]
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:
(i) trade and commerce with other countries, and among the
States;
(ii) taxation; but so as not to discriminate between States or parts
of States;
(iii) bounties on the production or export of goods, but so that
such bounties shall be uniform throughout the
Commonwealth;
(iv) borrowing money on the public credit of the Commonwealth;
(v) postal, telegraphic, telephonic, and other like services;
(vi) 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;
(vii) lighthouses, lightships, beacons and buoys;
(viii) astronomical and meteorological observations;
(ix) quarantine;
(x) fisheries in Australian waters beyond territorial limits;
(xi) census and statistics;
(xii) currency, coinage, and legal tender;
(xiii) 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;
(xiv) insurance, other than State insurance; also State insurance
extending beyond the limits of the State concerned;
(xv) weights and measures;
(xvi) bills of exchange and promissory notes;
(xvii) bankruptcy and insolvency;
(xviii) copyrights, patents of inventions and designs, and trade
marks;
The Parliament Chapter I
Powers of the Parliament Part V
Section 51
Commonwealth of Australia Constitution Act 19
(xix) naturalization and aliens;
(xx) foreign corporations, and trading or financial corporations
formed within the limits of the Commonwealth;
(xxi) marriage;
(xxii) divorce and matrimonial causes; and in relation thereto,
parental rights, and the custody and guardianship of infants;
(xxiii) 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 authorize any form of civil conscription),
benefits to students and family allowances;
(xxiv) the service and execution throughout the Commonwealth of
the civil and criminal process and the judgments of the courts
of the States;
(xxv) the recognition throughout the Commonwealth of the laws,
the public Acts and records, and the judicial proceedings of
the States;
(xxvi) the people of any race, other than the aboriginal race in any
State, for whom it is deemed necessary to make special laws;
(xxvii) immigration and emigration;
(xxviii) the influx of criminals;
(xxix) external affairs;
(xxx) the relations of the Commonwealth with the islands of the
Pacific;
(xxxi) 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;
(xxxii) the control of railways with respect to transport for the naval
and military purposes of the Commonwealth;
(xxxiii) the acquisition, with the consent of a State, of any railways of
the State on terms arranged between the Commonwealth and
the State;
(xxxiv) railway construction and extension in any State with the
consent of that State;
(xxxv) conciliation and arbitration for the prevention and settlement
of industrial disputes extending beyond the limits of any one
State;
Chapter I The Parliament
Part V Powers of the Parliament
Section 52
20 Commonwealth of Australia Constitution Act
(xxxvi) matters in respect of which this Constitution makes provision
until the Parliament otherwise provides;
(xxxvii) 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;
(xxxviii) 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;
(xxxix) 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.
52 Exclusive powers of the Parliament
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:
(i) the seat of government of the Commonwealth, and all places
acquired by the Commonwealth for public purposes;
(ii) matters relating to any department of the public service the
control of which is by this Constitution transferred to the
Executive Government of the Commonwealth;
(iii) other matters declared by this Constitution to be within the
exclusive power of the Parliament.
53 Powers of the Houses in respect of legislation
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 Parliament Chapter I
Powers of the Parliament Part V
Section 54
Commonwealth of Australia Constitution Act 21
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.
54 Appropriation Bills
The proposed law which appropriates revenue or moneys for the
ordinary annual services of the Government shall deal only with
such appropriation.
55 Tax Bill
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.
56 Recommendation of money votes
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
Chapter I The Parliament
Part V Powers of the Parliament
Section 57
22 Commonwealth of Australia Constitution Act
message of the Governor-General to the House in which the
proposal originated.
57 Disagreement between the Houses
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 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
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 both Houses of the Parliament, and shall be
presented to the Governor-General for the Queen’s assent.
The Parliament Chapter I
Powers of the Parliament Part V
Section 58
Commonwealth of Australia Constitution Act 23
58 Royal assent to Bills
When a proposed law passed by both Houses of the Parliament is
presented to the Governor-General for the Queen’s assent, he shall
declare, according to his 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.
Recommendations by Governor-General
The Governor-General may return to the house in which it
originated any proposed law so presented to him, and may transmit
therewith any amendments which he may recommend, and the
Houses may deal with the recommendation.
59 Disallowance by the Queen
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.
60 Signification of Queen’s pleasure on Bills reserved
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
Section 61
24 Commonwealth of Australia Constitution Act
Chapter II—The Executive Government
61 Executive power
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.
62 Federal Executive Council
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.
63 Provisions referring to Governor-General
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.
64 Ministers of State
The Governor-General may appoint officers to administer such
departments of State of the Commonwealth as the
Governor-General in Council may establish.
Such officers shall hold office during the pleasure of the
Governor-General. They shall be members of the Federal
Executive Council, and shall be the Queen’s Ministers of State for
the Commonwealth.
The Executive Government Chapter II
Section 65
Commonwealth of Australia Constitution Act 25
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 is or becomes a
senator or a member of the House of Representatives.
65 Number of Ministers
Until the Parliament otherwise provides, the Ministers of 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 directs.
66 Salaries of Ministers
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.
67 Appointment of civil servants
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 in
Council, unless the appointment is delegated by the
Governor-General in Council or by a law of the Commonwealth to
some other authority.
68 Command of naval and military forces
The command in chief of the naval and military forces of the
Commonwealth is vested in the Governor-General as the Queen’s
representative.
69 Transfer of certain departments
On a date or dates to be proclaimed by the Governor-General after
the establishment of the Commonwealth the following departments
Chapter II The Executive Government
Section 70
26 Commonwealth of Australia Constitution Act
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.
70 Certain powers of Governors to vest in Governor-General
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.
The Judicature Chapter III
Section 71
Commonwealth of Australia Constitution Act 27
Chapter III—The Judicature
71 Judicial power and Courts
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.
72 Judges’ appointment, tenure, and remuneration
The Justices of the High Court and of the other courts created by
the Parliament:
(i) shall be appointed by the Governor-General in Council;
(ii) shall not be removed except by the Governor-General 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;
(iii) 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.
Chapter III The Judicature
Section 73
28 Commonwealth of Australia Constitution Act
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.
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.
73 Appellate jurisdiction of High Court
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:
(i) of any Justice or Justices exercising the original jurisdiction
of the High Court;
(ii) 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;
(iii) 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.
The Judicature Chapter III
Section 74
Commonwealth of Australia Constitution Act 29
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.
74 Appeal to Queen in Council [see Note 12]
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 pleased 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 such leave may be
asked, but proposed laws containing any such limitation shall be
reserved by the Governor-General for Her Majesty’s pleasure.
75 Original jurisdiction of High Court
In all matters:
(i) arising under any treaty;
(ii) affecting consuls or other representatives of other countries;
(iii) in which the Commonwealth, or a person suing or being sued
on behalf of the Commonwealth, is a party;
Chapter III The Judicature
Section 76
30 Commonwealth of Australia Constitution Act
(iv) between States, or between residents of different States, or
between a State and a resident of another State;
(v) 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.
76 Additional original jurisdiction
The Parliament may make laws conferring original jurisdiction on
the High Court in any matter:
(i) arising under this Constitution, or involving its interpretation;
(ii) arising under any laws made by the Parliament;
(iii) of Admiralty and maritime jurisdiction;
(iv) relating to the same subject-matter claimed under the laws of
different States.
77 Power to define jurisdiction
With respect to any of the matters mentioned in the last two
sections the Parliament may make laws:
(i) defining the jurisdiction of any federal court other than the
High Court;
(ii) 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;
(iii) investing any court of a State with federal jurisdiction.
78 Proceedings against Commonwealth or State
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.
79 Number of judges
The federal jurisdiction of any court may be exercised by such
number of judges as the Parliament prescribes.
The Judicature Chapter III
Section 80
Commonwealth of Australia Constitution Act 31
80 Trial by jury
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
Section 81
32 Commonwealth of Australia Constitution Act
Chapter IV—Finance and Trade
81 Consolidated Revenue Fund
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.
82 Expenditure charged thereon
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.
83 Money to be appropriated by law
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.
84 Transfer of officers
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
Finance and Trade Chapter IV
Section 85
Commonwealth of Australia Constitution Act 33
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.
85 Transfer of property of State
When any department of the public service of a State is transferred
to the Commonwealth:
(i) all property of the State of any kind, used exclusively in
connexion 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;
(ii) the Commonwealth may acquire any property of the State, of
any kind used, but not exclusively used in connexion 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
Chapter IV Finance and Trade
Section 86
34 Commonwealth of Australia Constitution Act
State for public purposes is ascertained under the law of the
State in force at the establishment of the Commonwealth;
(iii) 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;
(iv) the Commonwealth shall, at the date of the transfer, assume
the current obligations of the State in respect of the
department transferred.
86 [Customs, excise, and bounties] [see Note 13]
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.
87 [Revenue from customs and excise duties] [see Note 13]
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 this 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.
88 Uniform duties of customs
Uniform duties of customs shall be imposed within two years after
the establishment of the Commonwealth.
89 Payment to States before uniform duties
Until the imposition of uniform duties of customs:
(i) the Commonwealth shall credit to each State the revenues
collected therein by the Commonwealth;
Finance and Trade Chapter IV
Section 90
Commonwealth of Australia Constitution Act 35
(ii) the Commonwealth shall debit to each State:
(a) 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;
(b) the proportion of the State, according to the number of
its people, in the other expenditure of the
Commonwealth;
(iii) the Commonwealth shall pay to each State month by month
the balance (if any) in favour of the State.
90 Exclusive power over customs, excise, and bounties
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.
91 Exceptions as to bounties
Nothing in this Constitution prohibits a State from granting any aid
to or bounty on mining for gold, silver, or other metals, nor 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.
92 Trade within the Commonwealth to be free
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.
Chapter IV Finance and Trade
Section 93
36 Commonwealth of Australia Constitution Act
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.
93 Payment to States for five years after uniform tariffs
During the first five years after the imposition of uniform duties of
customs, and thereafter until the Parliament otherwise provides:
(i) 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;
(ii) 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.
94 Distribution of surplus
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.
95 Customs duties of Western Australia
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.
Finance and Trade Chapter IV
Section 96
Commonwealth of Australia Constitution Act 37
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, three-fifths, two-fifths, 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.
96 Financial assistance to States
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.
97 Audit
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.
98 Trade and commerce includes navigation and State railways
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.
Chapter IV Finance and Trade
Section 99
38 Commonwealth of Australia Constitution Act
99 Commonwealth not to give preference
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.
100 Nor abridge right to use water
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.
101 Inter-State Commission
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.
102 Parliament may forbid preferences by State
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 connexion 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.
103 Commissioners’ appointment, tenure, and remuneration
The members of the Inter-State Commission:
(i) shall be appointed by the Governor-General in Council;
(ii) shall hold office for seven years, but may be removed within
that time by the Governor-General in Council, on an address
Finance and Trade Chapter IV
Section 104
Commonwealth of Australia Constitution Act 39
from both Houses of the Parliament in the same session
praying for such removal on the ground of proved
misbehaviour or incapacity;
(iii) shall receive such remuneration as the Parliament may fix;
but such remuneration shall not be diminished during their
continuance in office.
104 Saving of certain rates
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.
105 Taking over public debts of States
The Parliament may take over from the States their public debtsas
existing at the establishment of the Commonwealth, 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; and
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.
105A Agreements with respect to State debts
(1) The Commonwealth may make agreements with the States
with respect to the public debts of the States, including:
(a) the taking over of such debts by the Commonwealth;
(b) the management of such debts;
(c) the payment of interest and the provision and
management of sinking funds in respect of such debts;
Chapter IV Finance and Trade
Section 105A
40 Commonwealth of Australia Constitution Act
(d) the consolidation, renewal, conversion, and redemption of
such debts;
(e) the indemnification of the Commonwealth by the States
in respect of debts taken over by the Commonwealth; and
(f) 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 thereto of any such agreement.
(4) Any such agreement may be varied or rescinded by the parties
thereto.
(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 provisions of section one
hundred and five of this Constitution.
The States Chapter V
Section 106
Commonwealth of Australia Constitution Act 41
Chapter V—The States
106 Saving of Constitutions
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 or establishment of the
State, as the case may be, until altered in accordance with the
Constitution of the State.
107 Saving of Power of State Parliaments
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.
108 Saving of State laws
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.
109 Inconsistency of laws
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.
Chapter V The States
Section 110
42 Commonwealth of Australia Constitution Act
110 Provisions referring to Governor
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.
111 States may surrender territory
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.
112 States may levy charges for inspection laws
After uniform duties of customs have been imposed, a State may
levy on imports or exports, or on goods passing into or out of the
State, such charges as may 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.
113 Intoxicating liquids
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.
114 States may not raise forces. Taxation of property of
Commonwealth or State
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, nor shall the Commonwealth impose any tax on
property of any kind belonging to a State.
The States Chapter V
Section 115
Commonwealth of Australia Constitution Act 43
115 States not to coin money
A State shall not coin money, nor make anything but gold and
silver coin a legal tender in payment of debts.
116 Commonwealth not to legislate in respect of religion
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.
117 Rights of residents in States
A subject of the Queen, resident in any State, shall not be subject
in any other State to any disability or discrimination which would
not be equally applicable to him if he were a subject of the Queen
resident in such other State.
118 Recognition of laws etc. of States
Full faith and credit shall be given, throughout the Commonwealth
to the laws, the public Acts and records, and the judicial
proceedings of every State.
119 Protection of States from invasion and violence
The Commonwealth shall protect every State against invasion and,
on the application of the Executive Government of the State,
against domestic violence.
120 Custody of offenders against laws of the Commonwealth
Every State shall make provision 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 effect to this provision.
Chapter VI New States
Section 121
44 Commonwealth of Australia Constitution Act
Chapter VI—New States
121 New States may be admitted or established
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.
122 Government of territories
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 and
accepted by the Commonwealth, or otherwise acquired 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.
123 Alteration of limits of States
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.
124 Formation of new States
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.
Miscellaneous Chapter VII
Section 125
Commonwealth of Australia Constitution Act 45
Chapter VII—Miscellaneous
125 Seat of Government
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.
126 Power to Her Majesty to authorise Governor-General to
appoint deputies [see Note 14]
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
such powers and functions 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.
127 Aborigines not to be counted in reckoning population
In reckoning the numbers of people of the Commonwealth, or of a
State or other part of the Commonwealth, aboriginal natives shall
not be counted.
Chapter VIII Alteration of the Constitution
Section 128
46 Commonwealth of Australia Constitution Act
Chapter VIII—Alteration of the Constitution
128 Mode of altering the Constitution [see Note 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 amendment 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 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
Alteration of the Constitution Chapter VIII
Section 128
Commonwealth of Australia Constitution Act 47
voting also approve the proposed law, it shall be presented to the
Governor-General 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 Representatives, or
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
48 Commonwealth of Australia Constitution Act
Schedule
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.)
Notes to the Commonwealth of Australia Constitution Act
Table of Acts
Commonwealth of Australia Constitution Act 49
Notes to the Commonwealth of Australia
Constitution Act
Note 1
The Commonwealth of Australia Constitution Act (the Constitution) as shown
in this compilation comprises the Constitution amended as indicated in the
Tables below.
Table of Acts
Act Number
and year
Date
of Assent
Constitution Alteration (Senate Elections) 1906 1, 1907 3 Apr 1907
Constitution Alteration (State Debts) 1909 3, 1910 6 Aug 1910
Constitution Alteration (State Debts) 1928 1, 1929 13 Feb 1929
Constitution Alteration (Social Services) 1946 81, 1946 19 Dec 1946
Constitution Alteration (Aboriginals) 1967 55, 1967 10 Aug 1967
Constitution Alteration (Senate Casual Vacancies) 1977 82, 1977 29 July 1977
Constitution Alteration (Retirement of Judges) 1977 83, 1977 29 July 1977
Constitution Alteration (Referendums) 1977 84, 1977 29 July 1977
Notes to the Commonwealth of Australia Constitution Act
Table of Amendments
Commonwealth of Australia Constitution Act 50
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 13......................................... am. No. 1, 1907
S. 15......................................... rs. No. 82, 1977
S. 51......................................... am. No. 81, 1946; No. 55, 1967
S. 72......................................... am. No. 83, 1977
S. 105....................................... am. No. 3, 1910
S. 105A..................................... ad. No. 1, 1929
S. 127....................................... rep. No. 55, 1967
S. 128....................................... am. No. 84, 1977
Notes to the Commonwealth of Australia Constitution Act
Note 2
Commonwealth of Australia Constitution Act 51
Note 2
Covering Clause 3—The Proclamation under covering clause 3 was made on
17 September 1900 and published in Gazette 1901.
Note 3
Covering Clause 5—see also the Statute of Westminster Adoption Act 1942 .
Note 4
Covering Clause 7—The following Acts have repealed Acts passed by the
Federal Council of Australasia:
Defence Act 1903 (No. 20, 1903), s. 6
Pearl Fisheries Act 1952 (No. 8, 1952), s. 3 (Pearl Fisheries Act 1952 repealed
by Continental Shelf (Living Natural Resources) Act 1968, s. 3)
Service and Execution of Process Act 1901 (No. 11, 1901), s. 2 (subsequently
repealed by Service and Execution of Process Act 1963, s. 3).
Note 5
Section 7—The number of senators for each State was increased to 12 by the
Representation Act 1983, s. 3.
Note 6
Section 9—The following State Acts have been passed in pursuance of the
powers conferred by s. 9:
State Number Short title How affected
New South Wales No. 73, 1900 Federal Elections Act
1900
Ss. 2, 3, 4, 5 and 6
and the Schedule
repealed by No. 9,
1903; wholly
repealed by No. 41,
1912
No. 9, 1903 Senators’ Elections Act
1903
(still in force)
Victoria No. 1715 Federal Elections Act
1900
Repealed by
No. 1860
No. 1860 Senate Elections (Times
and Places) Act 1903
Repealed by
No. 2723
Notes to the Commonwealth of Australia Constitution Act
Note 7
52 Commonwealth of Australia Constitution Act
State Number Short title How affected
No. 2399 Senate Elections (Times
and Places) Act 1912
Repealed by
No. 2723
No. 2723 Senate Elections (Times
and Places) Act 1915
Repealed by
No. 3769
No. 3769 Senate Elections (Times
and Places) Act 1928
Repealed by
No. 6365
No. 6365 Senate Elections Act 1958 (still in force)
Queensland 64 Vic. No. 25 The Parliament of the
Commonwealth
Elections Act and the
Elections Acts 1885 to
1898 Amendment Act of
1900
Operation
exhausted
3 Edw. VII.
No. 6
The Election of Senators
Act of 1903
Repealed by 9 Eliz.
II. No. 20
9 Eliz. II.
No. 20
The Senate Elections Act
of 1960
(still in force)
South Australia No. 834 The Election of Senators
Act 1903
(still in force)
Western Australia No. 11, 1903 Election of Senators Act
1903
(still in force)
Tasmania 64 Vic. No. 59 The Federal Elections Act
1900
Repealed by 26
Geo. V. No. 3
3 Edw. VII.
No. 5
The Election of Senators
Act 1903
Repealed by 26
Geo. V. No. 3
26 Geo. V.
No. 3
Senate Elections Act 1935 (still in force)
Note 7
Section 14—For the provisions applicable upon the increase in the number of
senators to 12 made by the Representation Act 1983, see s. 3 of that Act.
Note 8
Section 15—The proposed law to alter the Constitution entitled “Constitution
Alteration (Simultaneous Elections) 1977” was submitted to the electors in each
State of the Commonwealth on 21 May 1977: it was not approved by a majority
of all the electors voting in a majority of the States. See Gazette 1977, No.
S100.
Note 9
Section 29—The following State Acts were passed in pursuance of the powers
conferred by s. 29, but ceased to be in force upon the enactment of the
Commonwealth Electoral Act 1902:
Notes to the Commonwealth of Australia Constitution Act
Note 10
Commonwealth of Australia Constitution Act 53
State Number Short title
New South Wales No. 73, 1900 Federal Elections Act 1900
Victoria No. 1667 Federal House of Representatives Victorian
Electorates Act 1900
Queensland 64 Vic. No. 25 The Parliament of the Commonwealth
Elections Act and The Elections Acts 1885 to
1898 Amendment Act of 1900
Western Australia 64 Vic. No. 6 Federal House of Representatives Western
Australian Electorates Act 1900
Note 10
Section 51—The following Imperial Acts extended the legislative powers of the
Parliament:
Whaling Industry (Regulations) Act 1934, s. 15
Geneva Convention Act, 1937, s. 2
Emergency Powers (Defence) Act 1939, s. 5
Army and Air Force (Annual) Act 1940, s. 3.
Note 11
Section 51 (xxxvii)—The following Acts have been passed by the Parliaments
of the States to refer matters to the Parliament under section 51 (xxxvii):
State Number Short title How affected
New South Wales No. 65, 1915 Commonwealth Powers
(War) Act 1915
Expired 9 Jan 1921;
see s. 5
No. 33, 1942 Commonwealth Powers
Act 1942
Expired; see s. 4
No. 18, 1943 Commonwealth Powers
Act 1943
Expired; see s. 4
No. 48, 1983 Commonwealth Powers
(Meat Inspection) Act
1983
(still in force)
No. 182, 1986 Commonwealth Powers
(Family Law–Children)
Act 1986
(still in force)
No. 61, 1992 Mutual Recognition (New
South Wales) Act 1992
(still in force)
No. 104, 1992 Commonwealth Powers
(State Banking) Act
1992
(still in force)
No. 100, 1993 Commonwealth Powers
(Poultry Processing) Act
1993
(still in force)
Notes to the Commonwealth of Australia Constitution Act
Note 11
54 Commonwealth of Australia Constitution Act
State Number Short title How affected
No. 1, 2001 Corporations
(Commonwealth
Powers) Act 2001
(still in force)
No. 114, 2002 Terrorism (Commonwealth
Powers) Act 2002
(still in force)
Victoria No. 3108 Commonwealth Powers
(Air Navigation) Act
1920
Repealed by
No. 4502
No. 3658 Commonwealth
Arrangements Act 1928
(Part III)
Part III Repealed by
No. 4502: Parts I &
II Repealed by No.
6223
No. 4009 Debt Conversion
Agreement Act 1931
(No. 2)
(still in force)
No. 4950 Commonwealth Powers
Act 1943
Not proclaimed to
come into operation
and cannot now be
so proclaimed
No. 92, 1986 Commonwealth Powers
(Family Law–Children)
Act 1986
(still in force)
No. 2, 1993 Mutual Recognition
(Victoria) Act 1993
(still in force)
No. 59, 1996 Commonwealth Powers
(Industrial Relations) Act
1996
(still in force)
No. 6, 2001 Corporations
(Commonwealth
Powers) Act 2001
(still in force)
No. 14, 2003 Terrorism (Commonwealth
Powers) Act 2003
(still in force)
Queensland 12 Geo. V.
No. 30
The Commonwealth
Powers (Air Navigation)
Act 1921
Repealed by 1 Geo.
VI. No. 8
22 Geo. V.
No. 30
The Commonwealth
Legislative Power Act
1931
Repealed by No. 46,
1983
7 Geo. VI.
No. 19
Commonwealth Powers
Act 1943
Expired; see s. 4
14 Geo. VI.
No. 2
The Commonwealth
Powers (Air Transport)
Act 1950
(still in force)
No. 37, 1990 Commonwealth Powers
(Family Law–Children)
Act 1990
(still in force)
No. 67, 1992 Mutual Recognition
(Queensland) Act 1992
(still in force)
No. 43, 2001 Corporations
(Commonwealth
Powers) Act 2001
(still in force)
Notes to the Commonwealth of Australia Constitution Act
Note 11
Commonwealth of Australia Constitution Act 55
State Number Short title How affected
No. 79, 2002 Terrorism (Commonwealth
Powers) Act 2002
(still in force)
South Australia No. 1469,
1921
Commonwealth Powers
(Air Navigation) Act
1921
Repealed by
No. 2352, 1937
No. 2061,
1931
Commonwealth
Legislative Power Act
1931
(still in force)
No. 3, 1943 Commonwealth Powers
Act 1943
Expired; see s. 5
No. 89, 1986 Commonwealth Powers
(Family Law) Act 1986
(still in force)
No. 72, 1993 Mutual Recognition (South
Australia) Act 1993
(still in force)
No. 21, 2001 Corporations
(Commonwealth
Powers) Act 2001
(still in force)
No. 50, 2002 Terrorism (Commonwealth
Powers) Act 2002
(still in force)
Western Australia No. 4, 1943 Commonwealth Powers
Act 1943
Repealed by No. 58,
1965
No. 57, 1945 Commonwealth Powers
Act 1945
Repealed by No. 58,
1965
No. 30, 1947 Commonwealth Powers
Act 1943, Amendment
Act 1947
Repealed by No. 58,
1965
No. 31, 1947 Commonwealth Powers
Act 1945, Amendment
Act 1947
Repealed by No. 58,
1965
No. 73, 1947 Commonwealth Powers
Act 1945, Amendment
Act (No. 2), 1947
Repealed by No. 58,
1965
No. 81, 1947 Commonwealth Powers
Act 1945-1947,
Amendment
(Continuance) Act 1947
Repealed by No. 58,
1965
No. 53, 1995 Mutual Recognition
(Western Australia) Act
1995
(still in force)
No. 7, 2001 Corporations
(Commonwealth
Powers) Act 2001
(still in force)
No. 53, 2002 Terrorism (Commonwealth
Powers) Act 2002
(still in force)
Tasmania 11 Geo. V.
No. 42
Commonwealth Powers
(Air Navigation) Act
1920
Repealed by 1 Geo.
VI. No. 14
No. 46, 1952 Commonwealth Powers
(Air Transport) Act 1952
(still in force)
Notes to the Commonwealth of Australia Constitution Act
Note 12
56 Commonwealth of Australia Constitution Act
State Number Short title How affected
No. 62, 1966 Commonwealth Powers
(Trade Practices) Act
1966
Expired; see s. 2
No. 5, 1987 Commonwealth Powers
(Family Law) Act 1987
(still in force)
No. 33, 1993 Mutual Recognition
(Tasmania) Act 1993
(still in force)
No. 20, 1994 Commonwealth Powers
(Family Law)
Amendment Act 1994
(still in force)
No. 39, 2001 Corporations
(Commonwealth
Powers) Act 2001
(still in force)
No. 68, 2002 Terrorism (Commonwealth
Powers) Act 2002
(still in force)
Note 12
Section 74—See Privy Council (Limitation of Appeals) Act 1968, Privy Council
(Appeals from the High Court) Act 1975 and Kirmani v Captain Cook Cruises
Pty. Ltd [No. 2] (1985) 159 CLR 461.
Note 13
Sections 86 and 87—the headings for these sections have been added for
compilation purposes.
Note 14
S. 126—See clause IV of the Letters Patent relating to the Office of
Governor-General, published in Gazette 1984, S334.
Page 1 of 11
Date: 31st March 2009 From: Brian Shaw
Po Box 800 Werribee Victoria 3030
To: All Councilors Wyndham/Werribee
State of Victoria
Electorate of Julia Gillard
Federal Member, Parliament of the Commonwealth of Australia
Currently the Deputy Prime Minister of the Commonwealth
The Current Councillors
1. Cr Shane Bourke (Mayor)
2. Cr Heather Marcus (Deputy Mayor)
3. Cr Marie Brittan
4. Cr Mark Rose
5. Cr Cynthia Manson
6. Cr John Menegazzo
7. Cr Bob Fairclough
8. Cr Glenn Goodfellow
9. Cr Kim McAliney
Subject Matter:
The Grand Jury process that has been activated by private prosecution right against
Julia Gillard and others involving an organized attack on the Constitution of the
Commonwealth and other State Constitutions to impose a United Nations Agenda
upon all Australians
Page 2 of 11 Grand Jury Process:
The legal right to go before a Grand Jury in the State of Victoria exists at section 354
of the Victorian Crimes Act 1958. To activate the right by private prosecution Julia
Gillard was charged with a Common Law offence of Concealing Treason. The charge
was filed in the Melbourne Magistrates Court during December of 2007 and served
15th January 2008 at the Synnott Street Werribee Electoral Office, returnable to
Melbourne Magistrates Court on 29th January 2009
The Others:
On the 29th January 2009 there were other defendants also charged, in addition to
28 other defendants charged heard 15th December 2006, all relating to the same
offence
The Problem:
Since 1984 there has been an organized concerted attack on all Constitutions in the
Commonwealth of Australia purportedly to achieve a Republic, but, in reality to trap
every Australian into a United Nations agenda without their knowledge nor consent
Fee Simple Titles Queensland:
In the State of Queensland a Corporation has been set up to purportedly gather all
Fee Simple Titles into this particular Corporation called “The Brigalow Corporation”.
To effect this certain laws have been altered or amended in Queensland to achieve
this objective
The United Nations Purpose:
“The United Nations has given Federal Government a Mandate of ownership for
housing, farms, property and business to Government Control, once the Republic
has been proclaimed”.
Page 3 of 11
In Victoria
With total disregard to the Commonwealth Referendum result held during 1999, the
Victorian Parliament introduced a Bill titled “Courts and Tribunals Legislation
(Further Amendment) Bill” on 24th May 2000.
The purpose of the Bill was to abolish “The oath of Allegiance” from the Legal
Practice Act 1996
R. Hulls (Attorney General Victoria)
The Bill was introduced into the Victorian Parliament by Mr R Hulls; the Attorney
General for the State of Victoria, the Bill did become an Act without any referendum
in full breach of the 1999 Commonwealth referendum result
Western Australia
On 1st January 2004 the Attorney General of Western Australia Mr J McGinty in
agreement with the then Governor Mr Sanderson enacted an Act titled “Acts
Amendment and Repeal Courts and Legal Practice Act 2003 (WA)”.
The purpose of the Bill/Act was to remove the Crown and Her Majesty Queen
Elizabeth ll Her Heirs and Successors and Subjects from specific law within Western
Australia in full breach of the 1999 Commonwealth referendum result
The Bill/Act did not have any referendum authorizing this legislation
All Attorney Generals
In the period 15th December 2006 and 29th January 2007 when Julia Gillard was
charged all current Attorney Generals operating within the Commonwealth of
Australia were also charged by private prosecution after which the legal right to the
Grand Jury process was also activated in relation to each Attorney General
Damian Bugg (Commonwealth Public Prosecutions)
The Director of Public Prosecutions Mr Damian Bugg was also charged with the other
defendants, but, Mr Bugg sent an office delegate to the Court to have his criminal
charge dismissed with the other named defendants
Page 4 of 11 The Retaliation
Because criminal charges for serious indictable offences were filed against
“Government Officials”, two Attorney Generals filed civil actions against myself to
have their Courts declare “vexatious litigation” in an attempt to conceal the Grand
Jury process activated in criminal jurisdiction against themselves
McGinty / Bugg (Co-joined)
The civil suit in Western Australia was originated by Mr J McGinty the then Attorney
General for the State of Western Australia co-joined by Mr Damian Bugg the Director
of Public Prosecutions Commonwealth
The Matter (WA)
The civil writ was originally heard by Commissioner Braddock (CIV 2264/2004), on
appeal by Justice McKechnie (CIV 1128/2005), on appeal (Full Court) by Justices
Styler, Buss and Christine Wheeler (CACV 83/2005)
The Arrest
At the appeal (Full Court) the three Supreme Court Judges, Styler, Buss and Christine
Wheeler were informed from the bar table that the removal of both the Crown and
Monarch from the Supreme Court Act (WA) was an act of Treason and as such the
three Judges were primary offenders, accordingly were placed under arrest from the
bar table and formally charged for such offence in the Melbourne Magistrates Court,
now pending Grand Jury process
(The formal Charge handed up on the day is attached)
Corryn Rayner (Supreme Court Registrar)
Costs have been incurred in Western Australia involving this civil writ instigated by
McGinty/Bugg against myself, Corryn Rayner was the registrar who heard the taxing
issue relating to the Supreme Court costs. Corryn Rayner was murdered by
person/persons unknown and her body buried in Kings Park overlooking Perth
Western Australia
Page 5 of 11 R Hulls (Attorney General Victoria)
To halt and delay the criminal process activated against specific “Government
Officials” R Hulls, the Victorian Attorney General also issued a civil writ against
myself to get “His Courts” to declare Brian Shaw a vexatious litigant in the State of
Victoria His Courts
I say “His Courts” because it was Mr Hulls that introduced the Bill (now Act) titled
“Courts and Tribunals Legislation (Further Amendment) Act” into the Victorian
Parliament removing the Oath of Allegiance without referendum approval in breach
of the 1999 referendum result The Order
The order sought by Mr Hulls was given by Justice Hansen stating:
“Mr Shaw can only file further process by leave of a Court presided over by
an Australian Lawyer”
Australian Lawyer
For any person to sit in any Court within the State of Victoria under the auspices of
“An Australian Lawyer” is to agree with the “Oath of Allegiance” being removed
from the Legal Practice Act in Victoria, Legislation introduced by Mr Hulls himself
The Appeal
The appeal of the Hulls writ was heard by Justice Dodds Streeton and Nettle. Both
were challenged for bias and after consideration continued the appeal hearing and
upheld the decision of Hansen given in the civil judgment
Page 6 of 11 Dodds Streeton (A Defendant Judge)
The challenge of bias concerning Justice Dodds Streeton emanated from the National
Bank writ issued against the Walter Family. During the hearing of the Walter matter
Dodds Streeton did admit having a financial interest with the National Bank.
When asked by Carmen Walter to stand down Dodds Streeton declined, heard the
matter resulting in the loss of $4.000.000, (Four Million Dollars) worth of Real Estate
at Wodonga Victoria
Dodds Streeton was formally charged by Carmen Walter and a Grand Jury
Application was also lodged with the Full Court of the Supreme Court of Victoria
Dodds Streeton and Nettle
A number of people have lodged “criminal process” at the Full Court of the Supreme
Court of Victoria for Grand Jury hearing after witnessing the conduct and
concealment of serious indictable offences by Justices Dodds Streeton and Nettle
Civil or Criminal Jurisdiction
The fundamental and basic principal of law activates that whenever and wherever
indictable offences are discovered in any civil matter, the “criminal matter takes
priority” over the civil The Criminal Charges
The criminal charges lodged by myself and others involving and discovering serious
indictable offences ranging from treason to Judges hearing their own matters have
not been withdrawn and remain pending Grand Jury process
Local Government
If the “United Nations agenda” as revealed by Beasley’s statement is to function
within Australia, then Local Government must submit and agree to the United
Nations agenda, which is the purpose of informing yourselves (Local Government)
via this information. The three tiers of Government are Local, State and Federal
Page 7 of 11 Grand Jury
The only competent and legal jurisdiction to hear the twin offences of Treason and
or Misprision of Treason (Concealment of) is a sitting Grand Jury (23 Electors) this is
stated law
“It is provided now that all the prosecutions shall be by presentment, but
preserving the prerogative of the Crown through the Attorney General to
proceed by information, except in case of ‘treason’ which has to be by
indictment. Now indictment means by Grand Jury and therefore, inasmuch
as the statute provides that Treason shall be tried by indictment only. That
means that it must be by Grand Jury and no other means is provided for
bringing it before a Grand Jury.” The finding of the Attorney General is
equivalent to the finds of the Grand Jury, but in the case of Treason it must
be the finding of the Grand Jury.”
[Byrne v Armstrong (1899) 25 VLR 126 at 132]
The Application
Any application applying for a Grand Jury hearing in the State of Victoria under
section 354 of the Crimes Act 1958 (Vic) must be heard by the “Full Court” (Not
Appeal Court) of the Supreme Court of Victoria sitting in criminal jurisdiction
The sitting Judges hearing the application against the named defendants are “limited
to hearing the charge only”. They are unable to enter into the evidence of the
matter, such jurisdiction is the exclusive jurisdiction of a sitting Grand Jury
“The Section (354) does not place upon the Full Court the task of examining
the evidence. Nor of determining whether the prosecutor has established a
true bill. The section bearing the interpretation, which was placed upon it
many years ago, which has never been questioned by Parliament, gives the
Full Court a limited role which is no more than we have described. It
requires no more than an affidavit complying with the section, disclosing an
indictable offence.”
Lorne Campbell 1986 (BC8600228)
Page 8 of 11 The Perverting Process (Freemasonry)
In the year 2001 Carmen Walter and myself (the plaintiffs) attempted to issue a “civil
writ” against “Freemasonry Victoria”, the writ was refused by the Supreme Court
Prothonotary under verbal instruction of Justice Beach. Following the refusal of the
“civil writ” an application was lodged with the Full Court of the Supreme Court
Victoria
The Actual Hearing
The events surrounding the actual hearing will be correctly placed into a separate
affidavit but, I will state in the correspondence to yourselves that the only intent of
the Full Court of the Supreme Court (Five Judges) was to have the Byrne Armstrong
judgment overturned because it stated:
“That where the affidavit reveals an indictable offence the Court has no
discretionary power but to order the sheriff to form the Grand Jury”
Respect for the Constitution
Clearly there is now no respect for the Constitution of the Commonwealth or States,
rather the Constitutions have now been overlaid by a massive corporation structure,
inclusive of the Supreme Courts and High Court
Your Responsibility
You have now been formally informed of serious indictable offences, you can choose
to do nothing or you can choose to do something, the first thing that you should do
is gather all relevant or actual facts
My Responsibility
If you wish to be fully informed of the relevant facts inclusive of your legal
responsibility I will make myself available to answer any of your questions
Page 9 of 11 The Alternative
The alternative is to be summoned to a Grand Jury hearing and be placed into the
witness box and be asked:
“What did you do after receiving the correspondence revealing Treason and
the Concealment of Treason?”
Werribee Background
In 1882 my Grand Father’s oldest Brother was accidently killed on the East Bank of
the Werribee River when he was only six years of age.
My Grand Father (Bill Shaw) farmed all of his life at Werribee and Little River during
which time he served for a large number of years as a Councillor for the Shire
inclusive of a few terms as Mayor.
From time to time he would pick us up from school in Werribee and look after us
during Council meetings before going to his home at Little River
Legal Advice
If you wish to seek legal advice please advise the law firm giving the advise in writing
that the “Oath of Allegiance” has been removed from the “Legal Practice Act” in
Victoria by Legislation introduced into Victoria by Mr R Hulls, the current Attorney
General for the State of Victoria during May 2000 Competent Jurisdiction
The only competent jurisdiction to hear and determine the evidence in relation to
the twin offences of Treason and the Concealment of Treason is a Grand Jury.
An indictment for such offences can only be obtained from a Grand Jury
Page 10 of 11 The Sheriff and the Queen
The Words of the Application Order
“The Sheriff is ordered to summons a Grand Jury to appear at a Court to be holden
at a time and place determined by the Court in accordance with the provision of
section 354 of the Crimes Act 1958 (VIC) to attend at such Court at that time and
place to inquire present do and execute all things which on the part of the Queen
shall then and there be commanded of them.”
Freemasonry
A short video enactment of a Masonic Oath / Obligation is attached with this
information
The attached DVD reveals the manner and form required to take the
Oath/Obligation, it also reveals that the candidate swears to conceal and never
reveal, it also reveals the penalty agreed to by the candidate
Crimes Act 1958 Victoria
s.316 Unlawful oaths to commit treason, murder etc.
(2) Every person who—
(a) administers or is present at and consents to the administering of any
oath or engagement in the nature of an oath purporting to bind the
person who takes it to act in any of the ways following (that is to say):—
(vii) not to reveal or discover any unlawful association society or
confederacy or any illegal act done or to be done or any illegal oath
or engagement that may have been administered or tendered to or
taken by himself or any other person or the import of any such oath
or engagement; or
shall be guilty of an indictable offence, and shall be liable to level 6
imprisonment (5 years maximum).
The Attachments with this information are:
1. A 9 minute DVD of a Masonic Oath/Obligation (Master Mason)
Page 11 of 11
2. A DVD titled, “What the Government Does not want you to Know”
3. A bound document titled: “What the Government Does not want you to Know”
(companion to the DVD)
4. Copy of Charge and Summons relating to Julia Gillard
5. Affidavit of Service
6. Section 44 Commonwealth Constitution
7. Case Law defining Treason
8. Crimes Act 1958 section 354 (Grand Jury)
9. Beasley’s United Nations intention
10. Inner Growth area authority revealing a $95.000 hectare tax
11. Grand Jury Application Julia Gillard
12. Criminal Code Act 1995 (Cth) The Security of the Commonwealth
Section 80.1 (Treason)
13. Formal Notice and Charge handed up at the Western Australia Supreme Court
(Court of Appeal) April 2005
14. Courts and Tribunals Legislation (Further Amendment Act 2000)
(Removing the Oath of Allegiance from the Legal Practice Act 1996)
15. Acts Amendment and Repeal Courts and Legal Practice Act 2003 WA
(Part 8 Amendments about the Crown)
16. Herald Sun Article dated 23rd October 2008 titled: “My Oath They’re Angry”
17. West Australian Article dated 28th March 2009 titled “Brown Plans Overhaul of Royalty
Rules”
Respectfully __________
Brian Shaw Box 800 Werribee 3030 Vic
These 4 film reports below are a must to view, make copies before they are taken off the net by the NWO
PART 1
HOW THEY CHANGED THE QLD CONSTITUTION WITHOUT ASKING THE PEOPLE, WITHOUT A REFERENDUM.
13 Amendment of Constitution Act of Queensland
(1) The Constitution Act 1867-1978 of the State of Queensland is in
this section referred to as the Principal Act.
(2) Section 11A of the Principal Act is amended in subsection (3):
(a) by omitting from paragraph (a):
(i) "and Signet"; and
(ii) "constituted under Letters Patent under the Great Seal of
the United Kingdom"; and
(b) by omitting from paragraph (b):
(i) "and Signet"; and
(ii) "whenever and so long as the office of Governor is
vacant or the Governor is incapable of discharging the
duties of administration or has departed from
Queensland".
(3) Section 11B of the Principal Act is amended:
(a) by omitting "Governor to conform to instructions" and
substituting "Definition of Royal Sign Manual";
(b) by omitting subsection (1); and
(c) by omitting from subsection (2):
(i) "(2)";
(ii) "this section and in"; and
(iii) "and the expression 'Signet' means the seal commonly
used for the sign manual of the Sovereign or the seal
with which documents are sealed by the Secretary of
State in the United Kingdom on behalf of the
Sovereign".
AGENDA 21 directs the affairs of all Governments UNDER UN MEMBERSHIP, making sure they place 'BLACK-OUTS' on what is considered safe for MEDIA release under their new 'TERRORISM NATIONAL SECURITY LAWS' this enables them to create any illegal, treacherous deed to go undetected by the public. See the 'End Game'
