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Constitution of Australia

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HomeBrud.gifLegal System of AustraliaBrud.gifConstitution of Australia

The page contains provisions of Australia's Constitution of 1901 with Amendments through 1985

Chapter I: The Parliament

Part I General

  • Section 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.

  • Section 2: Governor-General
  • Section 3: Salary of Governor-General
  • Section 4: Provisions relating to Governor-General
  • Section 5: Sessions of Parliament
  • Section 6:

Part II: The Senate

  • Section 7: The Senate
  • Section 8: Qualification of electors
  • Section 9: Method of election of senators
  • Section 10: Application of State laws
  • Section 11: Failure to choose senators
  • Section 12: Issue of writs
  • Section 13: Rotation of senators
  • Section 14: Further provision for rotation
  • Section 15: Casual vacancies
  • Section 16: Qualifications of senator
  • Section 17: Election of President
  • Section 18: Absence of President
  • Section 19: Resignation of senator
  • Section 20: Vacancy by absence
  • Section 21: Vacancy to be notified
  • Section 22: Quorum
  • Section 23: Voting in the Senate

Part III: The House of Representatives

  • Section 24: Constitution of House of Representatives
  • Section 25: Provision as to races disqualified from voting
  • Section 26: Representatives in first Parliament
  • Section 27: Alteration of number of members
  • Section 28: Duration of House of Representatives
  • Section 29: Electoral divisions
  • Section 30: Qualification of electors
  • Section 31: Application of State laws
  • Section 32: Writs for general election
  • Section 33: Writs for vacancies
  • Section 34: Qualifications of members
  • Section 35: Election of Speaker
  • Section 36: Absence of Speaker
  • Section 37: Resignation of member
  • Section 38: Vacancy by absence
  • Section 39: Quorum
  • Section 40: Voting in House of Representatives

Part IV: Both Houses of the Parliament

  • Section 41: Right of electors of States
  • Section 42: Oath or affirmation of allegiance
  • Section 43: Member of one House ineligible for other
  • Section 44: Disqualification
  • Section 45: Vacancy on happening of disqualification
  • Section 46: Penalty for sitting when disqualified
  • Section 47: Disputed elections
  • Section 48: Allowance to members
  • Section 49: Privileges etc. of Houses
  • Section 50: Rules and orders

Part V: Powers of the Parliament

  • Section 51: Legislative powers of the Parliament
  • Section 52: Exclusive powers of the Parliament
  • Section 53: Powers of the Houses in respect of legislation
  • Section 54: Appropriation Bills
  • Section 55: Tax Bill
  • Section 56: Recommendation of money votes
  • Section 57: Disagreement between the Houses
  • Section 58: Royal assent to Bills
  • Section 59: Disallowance by the Queen
  • Section 60: Signification of Queen's pleasure on Bills reserved

Chapter II: The Executive Government

  • Section 61: Executive power
  • Section 62: Federal Executive Council
  • Section 63: Provisions referring to Governor-General
  • Section 64: Ministers of State
  • Section 65: Number of Ministers
  • Section 66: Salaries of Ministers
  • Section 67: Appointment of civil servants
  • Section 68: Command of naval and military forces
  • Section 69: Transfer of certain departments
  • Section 70: Certain powers of Governors to vest in Governor-General

Chapter III: The Judicature

  • Section 71: Judicial power and Courts
  • Section 72: Judges' appointment, tenure, and remuneration
  • Section 73: Appellate jurisdiction of High Court
  • Section 74: Appeal to Queen in Council
  • Section 75: Original jurisdiction of High Court
  • Section 76: Additional original jurisdiction
  • Section 77: Power to define jurisdiction
  • Section 78: Proceedings against Commonwealth or State
  • Section 79: Number of judges
  • Section 80: Trial by jury

Chapter IV: Finance and Trade

  • Section 81: Consolidated Revenue Fund
  • Section 82: Expenditure charged thereon
  • Section 83: Money to be appropriated by law
  • Section 84: Transfer of officers
  • Section 85: Transfer of property of State
  • Section 86: [Customs, excise, and bounties]
  • Section 87: [Revenue from customs and excise duties]
  • Section 88: Uniform duties of customs
  • Section 89: Payment to States before uniform duties
  • Section 90: Exclusive power over customs, excise, and bounties
  • Section 91: Exceptions as to bounties
  • Section 92: Trade within the Commonwealth to be free
  • Section 93: Payment to States for five years after uniform tariffs
  • Section 94: Distribution of surplus
  • Section 95: Customs duties of Western Australia
  • Section 96: Financial assistance to States
  • Section 97: Audit
  • Section 98: Trade and commerce includes navigation and State railways
  • Section 99: Commonwealth not to give preference
  • Section 100: Nor abridge right to use water
  • Section 101: Inter-State Commission
  • Section 102: Parliament may forbid preferences by State
  • Section 103: Commissioners' appointment, tenure, and remuneration
  • Section 104: Saving of certain rates
  • Section 105: Taking over public debts of States
  • Section 105A: Agreements with respect to State debts

Chapter V: The States

  • Section 106: Saving of Constitutions
  • Section 107: Saving of Power of State Parliaments
  • Section 108: Saving of State laws
  • Section 109: Inconsistency of laws
  • Section 110: Provisions referring to Governor
  • Section 111: States may surrender territory
  • Section 112: States may levy charges for inspection laws
  • Section 113: Intoxicating liquids
  • Section 114: States may not raise forces
  • Section 115: States not to coin money
  • Section 116: Commonwealth not to legislate in respect of religion
  • Section 117: Rights of residents in States
  • Section 118: Recognition of laws etc. of States
  • Section 119: Protection of States from invasion and violence
  • Section 120: Custody of offenders against laws of the Commonwealth

Chapter VI: New States

  • Section 121: New States may be admitted or established
  • Section 122: Government of territories
  • Section 123: Alteration of limits of States
  • Section 124: Formation of new States

Chapter VII: Miscellaneous

  • Section 125: Seat of Government
  • Section 126: Power to Her Majesty to authorise Governor-General to appoint deputies

Chapter VIII: Alteration of the Constitution

  • Section 127:
  • Section 128: Mode of altering the Constitution

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