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The Constitution of Australia is the law under which the Australian Commonwealth Government
Government of Australia

The Australia is a federation constitutional monarchy under a parliamentary democracy. The Commonwealth of Australia was formed in 1901 as a result of an agreement between six self-governing British colonies, which became the six states....
 operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia. The Constitution was approved in referendum
Referendum

A referendum , ballot question, or plebiscite is a direct vote in which an entire Constituency is asked to either accept or reject a particular proposal....
s held over 1898 1900 by the people of the Australian colonies, and the approved draft was enacted as a section of the Commonwealth of Australia Constitution Act 1900 (Imp), an Act
Act of Parliament

An act of Parliament is a statute wikt:enacted as primary legislation by a national or sub-national parliament. It is broadly equivalent to an act of Congress in the United States....
 of the Parliament of the United Kingdom
Parliament of the United Kingdom

The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislature in the United Kingdom and British overseas territories....
.

The Commission of Assent
Royal Assent

The granting of Royal Assent is the formal method by which a constitutional monarchy completes the legislative process of lawmaking by formally assenting to an Act of Parliament....
 was signed by Queen Victoria
Victoria of the United Kingdom

Victoria was from 20 June 1837 the Queen regnant of the United Kingdom of Great Britain and Ireland and from 1 May 1876 the first Empress of India of the British Raj until her death....
 on 9 July 1900, upon which the Constitution became law.






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The Constitution of Australia is the law under which the Australian Commonwealth Government
Government of Australia

The Australia is a federation constitutional monarchy under a parliamentary democracy. The Commonwealth of Australia was formed in 1901 as a result of an agreement between six self-governing British colonies, which became the six states....
 operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia. The Constitution was approved in referendum
Referendum

A referendum , ballot question, or plebiscite is a direct vote in which an entire Constituency is asked to either accept or reject a particular proposal....
s held over 1898 1900 by the people of the Australian colonies, and the approved draft was enacted as a section of the Commonwealth of Australia Constitution Act 1900 (Imp), an Act
Act of Parliament

An act of Parliament is a statute wikt:enacted as primary legislation by a national or sub-national parliament. It is broadly equivalent to an act of Congress in the United States....
 of the Parliament of the United Kingdom
Parliament of the United Kingdom

The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislature in the United Kingdom and British overseas territories....
.

The Commission of Assent
Royal Assent

The granting of Royal Assent is the formal method by which a constitutional monarchy completes the legislative process of lawmaking by formally assenting to an Act of Parliament....
 was signed by Queen Victoria
Victoria of the United Kingdom

Victoria was from 20 June 1837 the Queen regnant of the United Kingdom of Great Britain and Ireland and from 1 May 1876 the first Empress of India of the British Raj until her death....
 on 9 July 1900, upon which the Constitution became law. The Constitution came into force on 1 January 1901. Even though the Constitution was originally given legal force by an Act of the United Kingdom parliament, as Australia is now an independent country, the United Kingdom parliament has no power to change the Constitution, and only the Australian people can amend it (by referendum
Referendum

A referendum , ballot question, or plebiscite is a direct vote in which an entire Constituency is asked to either accept or reject a particular proposal....
). Letters patent
Letters patent

Letters patent are a type of legal instrument in the form of an open letter issued by a monarch or government, granting an office, right, government-granted monopoly, title, or status to a person or to some entity such as a corporation....
 issued by the Crown
Monarchy in Australia

The monarchy of Australia is a form of government in which a hereditary monarch is the Sovereignty of Australia. The monarchy is a constitutional monarchy one modelled on the Westminster system of parliamentary government, incorporating features unique to the Constitution of Australia....
, on the advice of Australian ministers, are also part of the Constitution of Australia.

Other pieces of legislation have constitutional significance for Australia. These are the Statute of Westminster
Statute of Westminster 1931

The Statute of Westminster 1931 is an Act of Parliament of the Parliament of the United Kingdom which established a status of legislative equality between the self-governing dominions of the British Empire and the United Kingdom, with a few residual exceptions....
, as adopted by the Commonwealth in the Statute of Westminster Adoption Act 1942
Statute of Westminster Adoption Act 1942

The Statute of Westminster Adoption Act 1942 is an statute of the Parliament of Australia that formally adopted the Statute of Westminster 1931, an Act of the British Imperial Parliament enabling the legislative independence of the various Dominion of the British Empire....
, and the Australia Act 1986
Australia Act 1986

The Australia Act 1986 is the name given to a pair of two separate but related pieces of legislation: one an Act of Parliament of the Parliament of Australia , the other an Act of the Parliament of the United Kingdom ....
, which was passed in equivalent forms by the Parliaments of every Australian state, the United Kingdom, and the Australian Federal Parliament. Together, these Acts had the effect of severing all constitutional links between Australia and the United Kingdom. Even though the same person, Queen Elizabeth II
Elizabeth II of the United Kingdom

Elizabeth II is the queen regnant of sixteen independent states known as the Commonwealth realms: Monarchy of the United Kingdom, Monarchy of Canada, Monarchy of Australia, Monarchy of New Zealand, Monarchy of Jamaica, Monarchy of Barbados, the Bahamas, Grenada, Papua New Guinea, the Monarchy of the Solomon Islands, Tuvalu, Saint Lucia, Sain...
, is the monarch of both countries, she acts in a distinct capacity as monarch of each.

Under Australia's common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 system, the High Court of Australia
High Court of Australia

The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States and territories of Australia, and interprets the Const...
 and the Federal Court of Australia
Federal Court of Australia

The Federal Court of Australia is an Australian superior court of record which deals with most civil disputes governed by federal law , along with some summary criminal matters....
 have the authority to interpret constitutional provisions. Their decisions determine the interpretation and application of the constitution
Australian constitutional law

Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia....
.

History

The history of the Constitution of Australia began with moves towards federation in the 19th Century, which culminated in the federation of the Australian colonies to form the Commonwealth of Australia in 1901. However, the Constitution has continued to develop since then, with two laws having particularly significant impact on the Constitutional status of the nation.

Federation

In the mid-19th century, a desire to facilitate cooperation on matters of mutual interest, especially intercolonial tariffs, led to proposals to unite the separate British
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
 colonies
Crown colony

A Crown colony was a type of colonial administration of the British Empire.Crown colonies were ruled by a governor appointed by The Crown . Though the term was not used at the time, the first of what would later become known as Crown colonies was the Colony of Virginia in the present-day United States, after the Crown took control from the...
 in Australia under a single federation. However, impetus mostly came from Britain and there was only lacklustre local support. The smaller colonies feared domination by the larger ones; Victoria
Victoria (Australia)

File:Map Victoria Aboriginal tribes .jpgVictoria is a States and territories of Australia located in the southeastern corner of Australia. It is the smallest mainland state in area but the most Population density and urbanised....
 and New South Wales
New South Wales

New South Wales is Australia's oldest and most populous States and territories of Australia, located in the south-east of the country, north of Victoria and south of Queensland....
 disagreed over the ideology of protectionism
Protectionism

Protectionism is the economic policy of restraining trade between nations, through methods such as tariffs on imported goods, restrictive import quota, and a variety of other restrictive government regulations designed to discourage imports, and prevent foreign take-over of local markets and companies....
; the then-recent American Civil War
American Civil War

The American Civil War , also known as the War Between the States and several Naming the American Civil War, was a civil war in the United States....
 also hampered the case for federalism. These difficulties led to the failure of several attempts to bring about federation in the 1850s and 1860s.

By the 1880s, fear of the growing presence of the Germans
Germany

Germany , officially the Federal Republic of Germany , is a country in Central Europe. It is bordered to the north by the North Sea, Denmark, and the Baltic Sea; to the east by Poland and the Czech Republic; to the south by Austria and Switzerland; and to the west by France, Luxembourg, Belgium, and the Netherlands....
 and the French in the Pacific, coupled with a growing Australian identity, created the opportunity for establishing the first inter-colonial body, the Federal Council of Australasia
Federal Council of Australasia

The Federal Council of Australasia was a forerunner to the current Commonwealth of Australia, though its structure and members were different. It consisted of the then British colonies of New Zealand, Victoria , Tasmania, South Australia, Fiji, and others....
, established in 1885. The Federal Council could legislate on certain subjects, but did not have a permanent secretariat, an executive, or independent source of revenue. The absence of New South Wales
New South Wales

New South Wales is Australia's oldest and most populous States and territories of Australia, located in the south-east of the country, north of Victoria and south of Queensland....
, the largest colony, also diminished its representative value.

Henry Parkes
Henry Parkes

Sir Henry Parkes, Order of St Michael and St George was an Australian statesman, the "Father of Federation." As the earliest advocate of a Federal Council of the then colonies of Australia, a precursor to the Federation of Australia, he is generally considered the most prominent of the Australian Founding Fathers....
, the Premier of New South Wales, was instrumental in pushing for a series of conferences in the 1890s to discuss federalism one in Melbourne
Melbourne

Melbourne is the more common name for the geographic region and Census in Australia of the Greater Melbourne metropolitan area. It is the second List of cities in Australia by population in Australia, with a population of approximately 3.8 million and serves as the List of Australian capital cities of Victoria ....
 in 1890, and another (the National Australasian Convention) in Sydney
Sydney

Sydney is the List of cities in Australia by population in Australia, with a metropolitan area population of approximately 4.34 million . It is the List of Australian capital cities of New South Wales, and was the site of the first British Empire colony in Australia....
 in 1891, attended by colonial leaders. By the 1891 conference, significant momentum had been built for the federalist cause, and discussion turned to the proper system of government for a federal state. Under the guidance of Sir Samuel Griffith, a draft constitution was drawn up. However, these meetings lacked popular support. Furthermore, the draft constitution side-stepped certain important issues, such as tariff policy. The draft of 1891 was submitted to colonial parliaments but lapsed in New South Wales, after which the other colonies were unwilling to proceed.

In 1895, the six premiers of the Australian colonies agreed to establish a new Convention by popular vote. The Convention met over the course of a year from 1897 to 1898. The meetings produced a new draft which contained substantially the same principles of government as the 1891 draft, but with added provisions for responsible government
Responsible government

Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy....
. To ensure popular support, the draft was presented to the electors of each colony. After one failed attempt, an amended draft was submitted to the electors of each colony except Western Australia
Western Australia

Western Australia is a States and territories of Australia occupying the entire western third of the Australia . The nation's largest state and the second largest subnational entity in the world, it has 2.1 million inhabitants , 85% of whom live in the south-west corner of the state....
. After ratification by the five colonies, the Bill was presented to the Westminster Parliament with an Address requesting the Queen to enact the Bill.

Before the Bill was passed, however, one final change was made by the imperial government, upon lobbying by the Chief Justices of the colonies, so that the right to appeal from the High Court
High Court of Australia

The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States and territories of Australia, and interprets the Const...
 to the Privy Council
Privy council

A privy council is a body that advises the head of state of a nation on how to exercise their Executive , typically, but not always, in the context of a monarchy....
 on constitutional matters concerning the limits of the powers of the Commonwealth or States could not be curtailed by parliament. Finally, the Commonwealth of Australia Constitution Act was passed by the British Parliament in 1900. Western Australia
Western Australia

Western Australia is a States and territories of Australia occupying the entire western third of the Australia . The nation's largest state and the second largest subnational entity in the world, it has 2.1 million inhabitants , 85% of whom live in the south-west corner of the state....
 finally agreed to join the Commonwealth in time for it to be an original member of the Commonwealth of Australia, which was officially established on 1 January 1901.

In 1990, the original copy of the Commonwealth of Australia Constitution Act 1900 from the Public Records Office in London
London

London is the capital of both England and the United Kingdom, and the most populous municipality in the European Union. An important settlement for two millennia, History of London goes back to its founding by the Roman Empire....
 was lent to Australia, and the Australian government requested permission to keep the copy. The British parliament agreed by passing the Australian Constitution (Public Record Copy) Act 1990
Australian Constitution (Public Record Copy) Act 1990

The Australian Constitution Act 1990 was an Act of Parliament of the British Parliament, passed in 1990. The purpose of the Act was to allow the Commonwealth of Australia to retain the copy of the Commonwealth of Australia Constitution Act 1900 that the British government had loaned to Australia to be held in Canberra....
.

The Statute of Westminster and the Australia Acts

Although Federation is often regarded as the moment of "independence" of Australia from Britain, legally the Commonwealth was a creation of the British Imperial Parliament, through the Commonwealth of Australia Constitution Act 1900 (Imp), which applied to Australia by paramount force. As a result, there was continued uncertainty as to the applicability of British Imperial
British Empire

The British Empire comprised the dominions, Crown colony, protectorates, League of Nations mandate, and other Dependent territory ruled or administered by the United Kingdom , that had originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries....
 laws to the Commonwealth. This was resolved by the Statute of Westminster 1931
Statute of Westminster 1931

The Statute of Westminster 1931 is an Act of Parliament of the Parliament of the United Kingdom which established a status of legislative equality between the self-governing dominions of the British Empire and the United Kingdom, with a few residual exceptions....
, adopted by the Commonwealth via the Statute of Westminster Adoption Act 1942
Statute of Westminster Adoption Act 1942

The Statute of Westminster Adoption Act 1942 is an statute of the Parliament of Australia that formally adopted the Statute of Westminster 1931, an Act of the British Imperial Parliament enabling the legislative independence of the various Dominion of the British Empire....
. The Statute of Westminster freed the Dominion
Dominion

A dominion, often Dominion, refers to one of a group of autonomy polity that were nominally under United Kingdom sovereignty, constituting the British Empire and Commonwealth of Nations, from the late 19th century....
s, including the Commonwealth, from Imperial restrictions. Legally, this is often regarded as the moment of Australia's national independence.

However, Imperial laws continued to be paramount in Australian states. This was resolved by the Australia Act 1986
Australia Act 1986

The Australia Act 1986 is the name given to a pair of two separate but related pieces of legislation: one an Act of Parliament of the Parliament of Australia , the other an Act of the Parliament of the United Kingdom ....
, which was passed in substantially the same form by the parliaments of Australia, the United Kingdom, and each of the Australian states. In addition to ending the British Parliament's power to legislate over Australian states, the Australia Acts also cut the last avenues of appeal from the Australian courts
Australian court hierarchy

There are two streams within the hierarchy of Australian courts, the federalism stream and the States and territories of Australia stream. While the court system in each state and territory is separate from each other, and from the Commonwealth system, the High Court of Australia remains the ultimate court of appeal in the Australian system....
 to the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833....
. As a symbol of the significance of this legislation, Queen Elizabeth II travelled to Australia to personally sign the proclamation of the law.

One result of these two laws is that Australia is now a fully independent country, and the text of the Constitution is now regarded as fully separated from the text in the original Act, since only the Australian people can amend the Constitution, by referendum
Referendum

A referendum , ballot question, or plebiscite is a direct vote in which an entire Constituency is asked to either accept or reject a particular proposal....
. However, the Act remains on the UK's law book with a citiation noting "The Constitution is not necessarily in the form in which it is in force in Australia". Even if the United Kingdom Parliament were to repeal the Commonwealth of Australia Constitution Act 1900, it would have no effect on Australia.

Articles

The Commonwealth of Australia Constitution Act 1900 (Imp) contains a Preamble, and nine sections. Sections 1 8 are covering clauses outlining the legal procedures for the establishment of the Commonwealth. Section 9, beginning with the words "The Constitution of the Commonwealth shall be as follows ...", contains the Constitution of the Commonwealth of Australia. The Constitution itself is divided into eight chapters.

The Parliament

Chapter I sets up the legislative branch of government, the parliament
Parliament of Australia

The Parliament of Australia or Commonwealth Parliament is the legislature of government of Australia. It is bicameral, largely modelled in the Westminster System, but with some influences from the United States Congress....
. Section 1 provides that legislative power is vested in the Parliament, which is composed of the Queen
Monarchy in Australia

The monarchy of Australia is a form of government in which a hereditary monarch is the Sovereignty of Australia. The monarchy is a constitutional monarchy one modelled on the Westminster system of parliamentary government, incorporating features unique to the Constitution of Australia....
, the Senate
Australian Senate

The Senate is the upper house of the two houses of the Parliament of Australia. The lower house is known as the Australian House of Representatives....
, and the House of Representatives
Australian House of Representatives

The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house, the upper house being the Australian Senate....
.

Part II of this chapter deals with the Senate. Senators are to be "directly chosen by the people of the State", voting as a single electorate. Each State is to have the same number of senators. Currently, there are 12 senators for each State, and 2 each for the mainland territories, the Northern Territory
Northern Territory

The Northern Territory is a federal states and territories of Australia of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions....
 and the Australian Capital Territory
Australian Capital Territory

The Australian Capital Territory is the Capital districts and territories of the Australia and its smallest States and territories of Australia....
.

Part III deals with the House of Representatives. As nearly as practicable, Section 24 requires the House to be composed of twice as many members as the Senate, each elected by a single electorate. This is the so-called 'Nexus', which is designed to prevent swamping of the senate's power in the case of a joint sitting (see Section 57 below). The number of electorates in a State is to be (roughly) proportional to its share of the national population.

Part IV ("Both Houses of the Parliament") deals with eligibility for voting and election to the parliament, parliamentary allowances, parliamentary rules and related matters.

Part V deals with the powers of the parliament. Section 51
Section 51 of the Australian Constitution

Section 51 of the Constitution of Australia grants legislative powers to the Parliament of Australia. When the six Australian colonies joined together in federation of Australia in 1901, they became the original States and territories of Australia and ceded some of their powers to the new Commonwealth Parliament....
 deals with powers of the Commonwealth parliament. These are "concurrent powers", in the sense that both Commonwealth and States can legislate on these subjects, although federal law prevails in the case of inconsistency (Section 109
Section 109 of the Australian Constitution

In Australia, legislative power is held concurrently by the Commonwealth and the States. In the event of inconsistency between Commonwealth and State laws, section 109 of the Constitution of Australia provides that the laws of the Commonwealth shall prevail over those of a State to the extent of any inconsistency....
). Section 52 deals with powers exclusively vested in the Commonwealth parliament. States cannot legislate on these subjects.

The Executive

Chapter II sets up the executive branch of government. Executive power is to be exercised by the Governor-General, advised by the Federal Executive Council
Federal Executive Council

The Federal Executive Council is the formal body holding executive authority under the Constitution of Australia. It is equivalent to the other Executive Councils in other Commonwealth realm such as the Executive Council of New Zealand and is equivalent to the Privy councils in Canada and the United Kingdom....
. Under this Chapter, the Governor-General is the commander in chief, and may appoint and dismiss the members of the Executive Council, ministers of state, and all officers of the executive government. These powers, along with the powers to dissolve (or refuse to dissolve) parliament (Section 5, Section 57), are termed "reserve powers
Governor-General of Australia

The Governor-General of the Commonwealth of Australia is the representative in Australia of the Monarchy of Australia . He or she exercises the supreme executive power of the Commonwealth....
", and their use is dictated by convention. Generally, the Governor-General acts only on the advice of the Prime Minister
Prime Minister of Australia

The Prime Minister of Australia is the head of government of the Australia, holding office on commission from the Governor-General of Australia....
.

The Judicature

Chapter III sets up the judicial
Judiciary

In law, the judiciary is the system of courts which administer justice in the name of the Sovereignty or state, a mechanism for the dispute resolution....
 branch of government. Section 71 vests judicial power in a "Federal Supreme Court" to be called the High Court of Australia
High Court of Australia

The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States and territories of Australia, and interprets the Const...
, and such other federal courts as Parliament creates, and in such other courts as Parliament invests with federal jurisdiction. Such courts are called "Chapter III Court
Chapter III Court

In Australian constitutional law, Chapter Three Courts or Chapter III Courts are court which are a part of the Judiciary of Australia, and thus are able to discharge Commonwealth judicial power....
s" are the only courts that can exercise federal judicial power. Sections 73 and 75-78 outline the original and appellate jurisdiction of the High Court. Section 74 provides for the circumstances in which an appeal can be made to the Queen in Council
Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833....
. Section 79 allows Parliament to prescribe the number of judges able to exercise federal jurisdiction and section 80 guarantees trial by jury
Jury trial

A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge. It is be distinguished from a bench trial, in which a judge or panel of judges make all decisions....
 for indictable offence
Indictable offence

In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury....
s against the Commonwealth.

Finance and Trade

Chapter IV deals with finance and trade in the federal system. Section 81 prescribes that all Commonwealth revenue shall form the Consolidated Revenue Fund. Parliament can make laws as to the appropriations of money (Section 53). Unlike most other powers of the parliament, laws made under the appropriations power are not ordinarily susceptible to effective legal challenge. Section 90 gives the Commonwealth exclusive power over duties of custom and excise.

Section 92
Section 51(i) of the Australian Constitution

Section 51 is a subsecton of Section 51 of the Australian Constitution of the Constitution of Australia enables the Government of Australia of Australia both to regulate and to participate in trade and commerce with other countries and among the States and territories of Australias....
 provides that "trade, commerce, and intercourse among the States shall be absolutely free". The precise meaning of this phrase is the subject of a considerable body of law.

Section 96 gives the Commonwealth power to make grants to States "on any such terms and as the Parliament thinks fit". This power has been held to be unconstrained by any other provision, such as Section 99 which forbids giving preference to one State or part thereof over another State or part thereof. It is subject only to Section 116, freedom of religion
Freedom of religion

Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in religious education, practice, worship, and observance....
, and possibly other such freedoms. This power, although evidently envisaged as a temporary measure ("during a period of ten years ... and thereafter until the Parliament otherwise provides"), has been used by the Commonwealth to encourage cooperation by the States to various extents over the years.

Section 101 sets up an Inter-State Commission
Inter-State Commission

The Inter-State Commission, or Interstate Commission, is a defunct Constitution of Australia body under Australian law. The envisaged chief functions of the Inter-State Commission were to administer and adjudicate matters relating to Domestic market....
, a body which is now defunct, but which was originally envisaged to have a significant role in the federal structure.

The States

Chapter V contains provisions dealing with the States and their role under the federal system. Sections 106-108 preserves the Constitution, powers of the Parliament, and the laws in force of each of the States.

Section 109
Section 109 of the Australian Constitution

In Australia, legislative power is held concurrently by the Commonwealth and the States. In the event of inconsistency between Commonwealth and State laws, section 109 of the Constitution of Australia provides that the laws of the Commonwealth shall prevail over those of a State to the extent of any inconsistency....
 provides that, where a State law is inconsistent with a federal law, the federal law prevails (to the extent of the inconsistency).

Section 111 provides that a State can surrender any part of the State to the Commonwealth. This has occurred on several occasions, most notably the surrender by South Australia
South Australia

South Australia is a States and territories of Australia of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories....
 to the Commonwealth of the Northern Territory
Northern Territory

The Northern Territory is a federal states and territories of Australia of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions....
.

Section 114 forbids any State from raising a military force, and also forbids the State or the Commonwealth from taxing each other's property.

Section 116 establishes what is often called "freedom of religion", by forbidding the Commonwealth from making any law for the establishment of a religion, imposing any religious observance, or prohibiting the exercise of a religion, or religious discrimination for public office.

New States

Chapter VI allows for the establishment or admission of new states. Section 122 allows the Parliament to provide for the representation in Parliament of any territory surrendered by the States, or placed by the Queen in the authority of the Commonwealth. Section 123 requires that changing the boundaries of a State requires the consent of the Parliament of that State and approval by referendum in that State.

No new states have been admitted to the Commonwealth since federation.

Miscellaneous

Chapter VII provides that the seat of government of the Commonwealth (now Canberra
Canberra

Canberra is the List of Australian capital cities of Australia. With a population of over 340,000, it is Australia's largest inland city and the eighth largest Australian city overall....
) shall be located within New South Wales
New South Wales

New South Wales is Australia's oldest and most populous States and territories of Australia, located in the south-east of the country, north of Victoria and south of Queensland....
 but no less than one hundred miles from Sydney
Sydney

Sydney is the List of cities in Australia by population in Australia, with a metropolitan area population of approximately 4.34 million . It is the List of Australian capital cities of New South Wales, and was the site of the first British Empire colony in Australia....
, and that the Governor-General may appoint deputies. Section 127 previously provided that Aborigines
Australian Aborigines

Australian Aborigines are a Class of peoples who are identified by Australian law as being members of a Race indigenous to the Australia .In the High Court of Australia, Australian Aborigines have been specifically identified as a group of people who share, in common, biological ancestry back to the original occupants of this continent....
 cannot be counted in any Commonwealth or State census. This section was repealed
Australian referendum, 1967 (Aboriginals)

The referendum amended section 51 from the constitution and removed section 127 from the Constitution.*The first was a phrase in Section 51 of the Australian Constitution which stated that the Federal Government had the power to make laws with respect to "the people of any race, other than the Aboriginal race in any State, for whom it is deemed n...
 in 1967.

Alteration of the Constitution


Chapter VIII specifies the procedures for amending the Constitution. Section 128 provides that constitutional amendments must be approved by a referendum
Referendum

A referendum , ballot question, or plebiscite is a direct vote in which an entire Constituency is asked to either accept or reject a particular proposal....
. Successful amendment requires:
  • an absolute majority in both houses of the federal parliament; and
  • the approval in a referendum
    Referendum

    A referendum , ballot question, or plebiscite is a direct vote in which an entire Constituency is asked to either accept or reject a particular proposal....
     of the proposed amendment by a majority of electors nationwide, and a majority in a majority of states.


The referendum bill must be put to the people by the Governor-General between two and six months after passing parliament. After the constitutional amendment bill has passed both the parliamentary stage and the referendum, it then receives Royal Assent from the Governor-General. When proclaimed, it will be in effect, and the wording of the Constitution will be changed.

An exception to this process is if the amendment bill is rejected by one house of Federal Parliament. If the bill passes the first house and is rejected by the second, then after three months the first house may pass it again. If the bill is still rejected by the second house, then the Governor-General may choose to still put the bill to the people's vote.

Amendments

As mentioned above, successful amendment of the Constitution requires a referendum in which the "Yes" vote achieves a majority nationally, as well as majorities in a majority of states.

Forty-four proposals to amend the Constitution have been voted on at referendums, of which eight have been approved. The following is a list of amendments which have been approved. For a complete list of all referendums and plebiscites held, see Referendums in Australia Referendums and plebiscites by year
Referendums in Australia

In Australia, referendums are binding polls usually used to alter the constitution of the Commonwealth or a state or territory. Non-binding polls are usually referred to as plebiscites....
.

  • 1906
    Australian referendum, 1906

    The Australian referendum of 12 December 1906 approved an amendment to the Constitution of Australia related to the terms of office of federal senators....
     Senate Elections
    Australian referendum, 1906

    The Australian referendum of 12 December 1906 approved an amendment to the Constitution of Australia related to the terms of office of federal senators....
     amended Section 13 to slightly alter the length and dates of Senators' terms of office.
  • 1910
    Australian referendum, 1910

    The 1910 Australian Referendum was held on 13 April 1910. It contained two referendum questions.* Australian referendum, 1910 * Australian referendum, 1910 ...
     State Debts
    Australian referendum, 1910 (State Debts)

    The referendum of the 13 April 1910 approved an amendment to the Constitution of Australia. Technically it was a vote on the Constitution Alteration Act, 1909, which after being approved in the referendum received the Royal Assent on the 6 August....
     amended Section 105 to extend the power of the Commonwealth to take over pre-existing state debts to debts incurred by a state at any time.
  • 1928
    Australian referendum, 1928

    The referendum of the 17 November 1928 approved an amendment to the Constitution of Australia concerning financial relations between the Australia and its states....
     State Debts
    Australian referendum, 1928

    The referendum of the 17 November 1928 approved an amendment to the Constitution of Australia concerning financial relations between the Australia and its states....
     inserted Section 105A to ensure the Constitutional validity of the Financial Agreement reached between the Commonwealth and State governments in 1927.
  • 1946
    Australian referendum, 1946

    The 1946 Australian Referendum was held on 28 September 1946. It contained three referendum questions.* Australian referendum, 1946 '* Australian referendum, 1946 '...
     Social Services
    Australian referendum, 1946 (Social Services)

    Constitution Alteration 1946 proposed to extend the powers of government over a range of social services. The question was put to a referendum in the Australian referendum, 1946 with two other questions....
     inserted Section 51 (xxiiiA) to extend the power of the Commonwealth government over a range of social services.
  • 1967
    Australian referendum, 1967

    The 1967 Australian Referendum was held on 27 May 1967. It contained two referendum questions.* Australian referendum, 1967 * Australian referendum, 1967 ...
     Aborigines
    Australian referendum, 1967 (Aboriginals)

    The referendum amended section 51 from the constitution and removed section 127 from the Constitution.*The first was a phrase in Section 51 of the Australian Constitution which stated that the Federal Government had the power to make laws with respect to "the people of any race, other than the Aboriginal race in any State, for whom it is deemed n...
     amended Section 51 (xxvi) to extend the power of the Commonwealth government to legislate for people of any race to Aborigines; repealed Section 127 which stated that "In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted."
  • 1977
    Australian referendum, 1977

    The 1977 Australian Referendum was held on 21 May 1977. It contained four referendum questions and one plebiscite.Referendums:* Australian referendum, 1977 ...
    • Senate Casual Vacancies
      Australian referendum, 1977 (Senate Casual Vacancies)

      The referendum of 21 May, 1977 approved an amendment to the Constitution of Australia concerning the filling of casual vacancy in the Senate of Australia....
       part of the political fallout of the constitutional crisis
      Australian constitutional crisis of 1975

      The 1975 Australian constitutional crisis, commonly called The Dismissal, refers to the events that culminated with the removal of Australia then Prime Minister of Australia, Gough Whitlam, by Governor-General of Australia Sir John Kerr and appointing the List of Australian Leaders of the Opposition Malcolm Fraser as Caretaker governm...
       of 1975; formalised the convention, broken in 1975, that when a casual vacancy arises in the Senate, the state government concerned, if it chooses to fill the vacancy, must choose the replacement from the same party as the departing Senator if that party still exists.
    • Referendums
      Australian referendum, 1977 (Referendums)

      Constitution Alteration 1977 proposed to allow residents in the territories to vote in referendums. Residents in territories were to be counted towards the national total, but would not be counted toward any state total....
       amended Section 128 to allow residents of the Territories
      States and territories of Australia

      The Australia is made up of six states and two major mainland territories. There are also lesser territories that are under the administration of the federal government....
       to vote in referendums, and be counted towards the national total.
    • Retirement of Judges
      Australian referendum, 1977 (Retirement of Judges)

      The legislation Constitution Alteration 1977 proposed to create a retirementage of 70 for judges in Chapter III Court.The question was put to a referendum in the Australian referendum, 1977....
       amended Section 72 to create a retirement age of 70 for judges in federal courts
      Chapter III Court

      In Australian constitutional law, Chapter Three Courts or Chapter III Courts are court which are a part of the Judiciary of Australia, and thus are able to discharge Commonwealth judicial power....
      .


The role of conventions

Alongside the text of the Constitution, and Letters Patent
Letters patent

Letters patent are a type of legal instrument in the form of an open letter issued by a monarch or government, granting an office, right, government-granted monopoly, title, or status to a person or to some entity such as a corporation....
 issued by the Crown, conventions
Constitutional convention (political custom)

Alternative meaning: Constitutional convention A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state....
 are an important aspect of the Constitution, which have evolved over the decades and define how various constitutional mechanisms operate in practice.

Conventions play a powerful role in the operation of the Australian constitution because of its set-up and operation as a Westminster system
Westminster System

The Westminster system is a Democracy parliamentary system of government modelled after the British government . The term comes from the Palace of Westminster, the seat of the UK Parliament....
 of responsible government
Responsible government

Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy....
. Some notable conventions include:
  • While the constitution does not formally create the office of Prime Minister of Australia
    Prime Minister of Australia

    The Prime Minister of Australia is the head of government of the Australia, holding office on commission from the Governor-General of Australia....
    , such an office developed a de facto existence as head of the cabinet. The Prime Minister is seen as the head of government.
  • While there are few constitutional restrictions on the power of the Governor-General
    Governor-General of Australia

    The Governor-General of the Commonwealth of Australia is the representative in Australia of the Monarchy of Australia . He or she exercises the supreme executive power of the Commonwealth....
    , by convention the Governor-General acts on the advice of the Prime Minister.


However, because conventions are not textually based, their existence and practice are open to debate. Real or alleged violation of convention has often led to political controversy. The most extreme case was the Australian constitutional crisis of 1975
Australian constitutional crisis of 1975

The 1975 Australian constitutional crisis, commonly called The Dismissal, refers to the events that culminated with the removal of Australia then Prime Minister of Australia, Gough Whitlam, by Governor-General of Australia Sir John Kerr and appointing the List of Australian Leaders of the Opposition Malcolm Fraser as Caretaker governm...
, in which the operation of conventions was seriously tested. The ensuing constitutional crisis was resolved dramatically when the Governor-General Sir John Kerr dismissed the Labor Prime Minister Gough Whitlam
Gough Whitlam

'Edward Gough Whitlam', Order of Australia, Queens Counsel , known as 'Gough Whitlam' , is an Australian former politician and 21st Prime Minister of Australia....
, appointing Malcolm Fraser
Malcolm Fraser

John Malcolm Fraser, Order of Australia, Order of the Companions of Honour is an Australian Liberal Party of Australia politician who was the 22nd Prime Minister of Australia....
 as caretaker Prime Minister pending the 1975 general election. A number of conventions were said to be broken during this episode. These include:
  • The convention that, when the Senator from a particular State vacates his or her position during the term of office, the State government concerned would nominate a replacement from the same political party as the departing Senator. This convention was allegedly broken by first the Lewis
    Tom Lewis

    Tom Lewis may refer to:*Tom Lewis , former Premier of New South Wales*Tom Lewis , Scottish chef*Tom Lewis , Australia*Tom Lewis , British obstetrician...
     government of New South Wales
    New South Wales

    New South Wales is Australia's oldest and most populous States and territories of Australia, located in the south-east of the country, north of Victoria and south of Queensland....
     and then by the Bjelke-Petersen
    Joh Bjelke-Petersen

    Sir Johannes "Joh" Bjelke-Petersen Order of St Michael and St George , New Zealand-born Australian politician, was the longest-serving and longest-lived Premiers of Queensland of the state of Queensland....
     government of Queensland
    Queensland

    Queensland is a States and territories of Australia of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory to the west, South Australia to the south-west and New South Wales to the south....
     who both filled Labor vacancies with an independent and a Labor member opposed to the Whitlam government respectively. The convention was subsequently codified into the Constitution via a referendum. However it only requires the new Senator to be from the same party as the old one and would only have prevented the appointment by Lewis, not that by Bjelke-Petersen.
  • The convention that, when the Senate is controlled by a party which does not simultaneously control the House of Representatives, the Senate would not vote against money supply
    Supply

    supply is the amount of good or services a business providesSupply may refer to:*Supply and demand theory*Confidence and supply#Supply for a Government budget, in the Westminster System...
     to the government. This convention was allegedly broken by the Senate controlled by the Liberal-Country party coalition
    Coalition (Australia)

    The Coalition in Australian politics refers to a pragmatic grouping of centre-right parties that has existed in the form of a coalition since 1922....
     in 1975.


Interpretation

In line with the common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 tradition in Australia, the law on the interpretation and application of the Constitution has developed largely through judgments by the High Court of Australia
High Court of Australia

The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States and territories of Australia, and interprets the Const...
 in various cases. In a number of seminal cases, the High Court has developed several doctrines which underlie the interpretation of the Australian Constitution. Some examples include:
  • Separation of powers
    Separation of powers in Australia

    The doctrine of separation of powers refers to the separation of the legislature, the executive and the judiciary. A strict separation is not maintained in Australia, following the Westminster system and the doctrine of responsible government....
     The three separate chapters dealing with the three branches of government implies a separation of powers
    Separation of powers

    Separation of powers, a term ascribed to France Age of Enlightenment political philosopher Charles de Secondat, baron de Montesquieu, is a model for the governance of democracy states, having its origins in an ancient idea of mixed government....
    . Thus, for example, the legislature cannot purport to predetermine the legal outcome, or to change the direction or outcome, of a court case.
  • Division of powers
    Federalism in Australia

    On 1 January 1901 the Australian nation emerged as a federation. The model of Australian federalism adheres closely to the original model of the United States of America....
     Powers of government are divided between the Commonwealth and the State governments, with certain powers being exclusive to the Commonwealth, others being concurrently exercised, and the remainder being exclusively held by the States.
  • Intergovernmental immunities Although the Engineers' Case
    Amalgamated Society of Engineers v Adelaide Steamship Co. Ltd.

    Amalgamated Society of Engineers v Adelaide Steamship Co Ltd 28 Commonwealth Law Reports 129 was a landmark Australian court case decided in the High Court of Australia on 31 August 1920....
     held that there was no general immunity between State and Commonwealth governments from each other's laws, the Commonwealth cannot enact taxation laws that discriminated between the States or parts of the States (Section 51(ii)), nor enact laws that discriminated against the States, or such as to prevent a State from continuing to exist and function as a state (Melbourne Corporation v Commonwealth
    Melbourne Corporation v Commonwealth

    Melbourne Corporation v Commonwealth 74 Commonwealth Law Reports 31; [1947] HCA 26 , also known as the Melbourne Corporation case or the State banking case, is an important case in Australian constitutional law....
    ).


The vast majority of Constitutional cases before the High Court deal with characterisation
Characterisation

Characterization is a process of conveying information about fictional character in fiction or conversation. Characters are usually presented by description and through their actions, speech, and thoughts....
: whether new laws fall within a permissible head of power granted to the Commonwealth government by the Constitution.

Criticism


Protection of rights


See also Australian constitutional law Protection of rights
Australian constitutional law

Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia....


The Australian constitution does not include a Bill of Rights
Bill of rights

A Bill of Rights is a list or summary of rights that are considered important and essential by a nation. The purpose of these bills is to protect those rights against infringement by the government....
. Some delegates to the 1898 Constitutional Convention favoured a section similar to the Bill of Rights of the United States Constitution
United States Constitution

The Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America; the Federal Government of the United States; and all the State & local governments and Territorial Administrative bodies contained therein....
, but the majority felt that the traditional rights and freedoms of British subjects were sufficiently guaranteed by the Parliamentary system and independent judiciary which the Constitution would create. As a result, the Australian Constitution has often been criticised for its scant protection of rights and freedoms.

Some express rights were, however, included:
  • Right to trial by jury Section 80 creates a right to trial by jury
    Trial by Jury

    Trial by Jury is a comic opera in one act, with music by Arthur Sullivan and libretto by W. S. Gilbert. It was first produced on 25 March 1875, at London's Royalty Theatre, where it initially ran for 131 performances and was considered a hit, receiving critical praise and outrunning its popular companion piece, Jacques Offenbach's...
     for indictable offences against Commonwealth law. There are serious conceptual limitations to this right however, since the Commonwealth is free to make any offence, no matter how serious the punishment, triable otherwise than on indictment. As Justice Higgins
    H. B. Higgins

    Henry Bournes Higgins , Australian politician and judge, always known in his lifetime as H. B. Higgins, was a highly influential figure in Australian politics and law....
     said in R v Archdall & Roskruge; Ex parte Carrigan and Brown (1928) 41 CLR 128: "if there be an indictment, there must be a jury, but there is nothing to compel procedure by indictment". In practice, however, no major issue of abuse of this loophole has been raised.
  • Right to just compensation Paragraph 51(xxxi) creates a right to just compensation for assets taken by the Commonwealth.
  • Right to freedom of religion Section 116 creates a limited right to freedom of religion, by prohibiting the Commonwealth (but not the states) from "making any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion." This section is based on the First Amendment of the U.S. Constitution, but is weaker in operation. As the states retain all powers they had as colonies before federation, except for those explicitly given to the Commonwealth, this section does not affect the states' powers to legislate on religion, and, in accordance with High Court interpretations, no Federal legislation on religion, short of establishing an official religion of Australia, would be limited by it either.
  • Right to freedom from discrimination against out-of-State residents -Section 117 prohibits disability or discrimination in one state against the resident of another state. This is interpreted widely (Street v Queensland Bar Association), but does not prohibit states from imposing residential requirements where they are required by the State's autonomy and its responsibility to its people.


In 1992 and 1994, the High Court of Australia
High Court of Australia

The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States and territories of Australia, and interprets the Const...
 found that the Constitution contained an "implied" right to freedom of political communication, in a series of cases including the Australian Capital Television
Australian Capital Television Pty Ltd v Commonwealth

Australian Capital Television v Commonwealth 177 Commonwealth Law Reports 106 was a significant court legal case decided in the High Court of Australia on 30 September 1992....
 case and the Theophanous case. This was seen as a necessary part of the democratic system created by the Constitution. The application of this "implied right" has, however, been restricted in later cases, such as Lange v ABC. It is in no way equivalent to a freedom of speech, and only protects individuals against the government trying to limit their political communication: it offers no protection against other individuals.

In 2007, the High Court of Australia
High Court of Australia

The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States and territories of Australia, and interprets the Const...
 in Roach v Electoral Commissioner held that sections 7 and 24 of the Constitution, by providing that members of the House of Representatives and the Senate be "directly chosen by the people", created a limited right to vote. This entailed the guarantee of a universal franchise in principle, and limited the Federal Parliament's legislative power to modify that universal franchise. In the case, a legislative amendment to disqualify from voting all prisoners (as opposed to only those serving sentences of three years or more, as it was before the amendment) was struck down as contravening that right.

Other attempts to find other "implied rights" in High Court
High Court of Australia

The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States and territories of Australia, and interprets the Const...
 cases have not been successful.

Preamble

While a pro forma
List of enacting formulae

An enacting clause, or enacting formula, is a short phrase that introduces the main provisions of a law Coming into force by some legislatures....
 preamble
Preamble

A preamble is an introductory and explanatory statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute....
 prefaces the Imperial Commonwealth of Australia Constitution Act 1900, the Australian Constitution itself does not contain a preamble
Preamble

A preamble is an introductory and explanatory statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute....
. There have been some calls for the insertion of such a section to express the spirit and aspirations embodied in the constitution. However, there has been fierce opposition, usually on the basis of the content of the preamble, as well as possible legal ramifications of this text. In 1999, a proposed preamble, principally authored by Prime Minister
Prime Minister of Australia

The Prime Minister of Australia is the head of government of the Australia, holding office on commission from the Governor-General of Australia....
 John Howard
John Howard

John Winston Howard, Order of Australia was the 25th Prime Minister of Australia from 11 March 1996 to 3 December 2007. He is the second-longest serving Australian Prime Minister after Robert Menzies....
, was defeated in a referendum held concurrently with the Republic referendum. The "Yes" vote (in favour of the insertion of the preamble) did not achieve a majority in any of the six states.

Republic proposals

At various times since Federation, debates have occurred over whether Australia should become a republic. On 6 November 1999, Australians rejected a proposal to replace the Queen and Governor-General with a President appointed by a two-thirds majority of the members of the Commonwealth Parliament. This was despite opinion poll results suggesting that the majority of Australians are in favour of some form of a republic.

Commemoration

Constitution Day is celebrated on 9 July, the date the Constitution became law in 1900. The date is not a public holiday. Constitution Day was first held on 9 July 2000 to mark the centenary of the Constitution in the lead up to the Centenary of Federation
Federation of Australia

The federation of Australia was the process by which the six separate United Kingdom self-governing colony of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia formed a federation....
, although commemorations were low key and were not widely held after 2001. Constitution Day was revived in 2007 and is jointly organised by the National Archives of Australia
National Archives of Australia

The National Archives of Australia is a body established by the Government of Australia for the purpose of preserving Commonwealth Government records....
, which holds the original Constitution documents, and the Department of Immigration and Citizenship.

See also

  • Constitutional history of Australia
    Constitutional history of Australia

    Emergence of the Commonwealth of AustraliaAfter European settlement in 1788, Australia was politically organised as a number of separate British colonies, eventually six in all....
  • Australian constitutional law
    Australian constitutional law

    Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia....
  • Process model (Australia)
    Process model (Australia)

    A Process Model is a proposal to assist the Parliament of Australia make decisions concerning constitutional reform. In Australia, process models are devised to involve the public in Republicanism in Australia....
  • Proposals for new Australian States
    Proposals for new Australian States

    A number of proposals for further states of Australia have been made in the past century. So far, no new State have been added to the Commonwealth since Federation of Australia in 1901....
  • Separation of powers in Australia
    Separation of powers in Australia

    The doctrine of separation of powers refers to the separation of the legislature, the executive and the judiciary. A strict separation is not maintained in Australia, following the Westminster system and the doctrine of responsible government....
  • Section 44 of the Australian Constitution
    Section 44 of the Australian Constitution

    Section 44 of the Australian Constitution is a section of the Constitution of Australia that deals with restrictions on who may become a candidate for election to the Parliament of Australia....
     eligibility for election to Parliament
  • Federalism in Australia
    Federalism in Australia

    On 1 January 1901 the Australian nation emerged as a federation. The model of Australian federalism adheres closely to the original model of the United States of America....
    • Section 51 of the Australian Constitution
      Section 51 of the Australian Constitution

      Section 51 of the Constitution of Australia grants legislative powers to the Parliament of Australia. When the six Australian colonies joined together in federation of Australia in 1901, they became the original States and territories of Australia and ceded some of their powers to the new Commonwealth Parliament....
       federal heads of power
      • Trade and Commerce Power
        Section 51(i) of the Australian Constitution

        Section 51 is a subsecton of Section 51 of the Australian Constitution of the Constitution of Australia enables the Government of Australia of Australia both to regulate and to participate in trade and commerce with other countries and among the States and territories of Australias....
        ; Corporations Power
        Section 51(xx) of the Australian Constitution

        Section 51 of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution of the Australian Constitution that gives the Parliament of Australia the right to legislate with respect to "foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth"....
        ; External Affairs Power
        Section 51(xxix) of the Australian Constitution

        Section 51 of the Australian Constitution is a subsection of Section 51 of the Australian Constitution of the Australian Constitution that gives the Parliament of Australia of Australia the right to legislate with respect to "external affairs"....
    • Section 109 of the Australian Constitution
      Section 109 of the Australian Constitution

      In Australia, legislative power is held concurrently by the Commonwealth and the States. In the event of inconsistency between Commonwealth and State laws, section 109 of the Constitution of Australia provides that the laws of the Commonwealth shall prevail over those of a State to the extent of any inconsistency....
       inconsistency between state and federal laws
  • Referendums in Australia
    Referendums in Australia

    In Australia, referendums are binding polls usually used to alter the constitution of the Commonwealth or a state or territory. Non-binding polls are usually referred to as plebiscites....
     referendums to amend the constitution
  • Secessionism in Western Australia
    Secessionism in Western Australia

    Secessionism has been a recurring feature of Western Australia's political landscape since shortly after Swan River Colony. The idea of self governance or secession has often been discussed through local newspaper articles and editorials and on a number of occasions has surfaced as very public events including a State referendum in 1933....


External links

  • as amended and in force today within Australia, from ComLaw
    ComLaw

    ComLaw is an Australian government web site run by the Attorney-General's Department providing online copies of Commonwealth legislation and related documents....
    *. Entry on the origins, development, structure and evolution of the Australian constitution at .
  • . From the .
  • enacting the Constitution and founding of the Commonwealth of Australia. From the .