The Australian Constitution

What is statute that codified the Constitution?

Commonwealth of Australia Constitution Act

What is s1?

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.

What is s2?

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.

What is s7?

The Senate:

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.

What is s12?

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.
(Governor’s of State issue writs for the election of their Senators, on the advice of the Governor-General).

What is s24?

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.

What is s32?

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.

What is s44?

REPHRASED:

Dual citizenship (Citizenship Seven cases 2017), treason, indictable offences, bankrupt/insolvent, conflict of interest (declartion of interests = avoid this situation) outlines the grounds for disqualifying individuals from serving in the Parliament.

What is s51? Outline some

Legislative powers of the Parliament:

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:
(xi) census and statistics
(xii) currency, coinage, and legal tender
(xix) naturalization and aliens
(xxi) marriage
(xxvii) immigration and emigration
(xxix) external affairs
(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;
(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;

What is s51(xxvii)?

A State Parliament can refer a matter to the Commonwealth Parliament, allowing the Commonwealth to make laws on that issue. The law applies only to the States that referred the matter or later choose to adopt it.

What is s51(xxxi)?

The Commonwealth can acquire property from a State or person, but it must provide just terms (fair compensation) and the acquisition must be for a purpose within the Commonwealth’s constitutional powers.

What is s53?

Money and tax bills must start in the House of Representatives, not the Senate. The Senate cannot amend tax bills or ordinary government spending bills, nor increase charges on the public. It may request changes from the House, which can accept or reject them. In all other matters, the Senate has equal law-making power to the House of Representatives.

What is s57?

Disagreement between the Houses: (Double Dissolution trigger)
If the House passes a bill twice and the Senate rejects it both times, with at least three months between attempts, the Governor-General may call a double dissolution election. If disagreement continues after the election, a joint sitting of both houses can be held, where members vote together. If an absolute majority supports the bill, it is treated as passed and sent for royal assent.

What is s58?

Royal assent to Bills:
After both Houses pass a bill, the Governor-General may approve it, reject it, or reserve it for the Queen’s decision. The Governor-General may also return the bill with recommended changes, which Parliament can choose to consider.

What is s61?

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.

What is s62?

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.

What is s68?

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.

What is s63?

Provisions referring to Governor-General:

References to the Governor-General in Council mean the Governor-General acting on the advice of the Federal Executive Council.

What is s71?

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.

What is s72?

Judges’ appointment, tenure and remuneration:
High Court and federal judges are appointed by the Governor-General in Council, can only be removed by Parliament for proven misconduct or incapacity, and their pay cannot be reduced while in office, they must retire at age 70.

What is s73?

Appellate jurisdiction of High Court:

The High Court is Australia’s final court of appeal. It can hear appeals from federal courts, state supreme courts, and certain other bodies, and its decisions are final. Parliament may regulate appeals, but it cannot prevent appeals from state supreme courts in matters protected by the Constitution.

What is s75?

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;
(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.

What is s76?

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.

What is s77?

Power to define jurisdiction:

Parliament can determine the powers of federal courts, decide when federal jurisdiction is exclusive to those courts, and give State courts the authority to hear and decide federal matters.

What is s80?

Trial by jury:

Anyone charged with a serious Commonwealth offence that is prosecuted on indictment has the right to a trial by jury. The trial must be held in the State where the offence occurred, or in a location chosen by Parliament if the offence was not committed in a State.

What is s92?

Trade within the Commonwealth to be free:

Trade, commerce, and movement of people between the States must be free from barriers and restrictions. This prevents States from imposing tariffs or similar obstacles on interstate trade.

What is s107?

State Parliaments keep all their existing powers unless the Constitution gives those powers exclusively to the Commonwealth or takes them away from the States.

What is s109?

If a State law conflicts with a Commonwealth law, the Commonwealth law prevails and the State law is invalid to the extent of the inconsistency.

What is s128?

The Constitution can only be changed by a referendum. A proposed change must first be passed by Parliament, then approved by a double majority: a majority of voters nationwide and a majority of voters in a majority of States (at least 4 of 6 States). Some changes affecting a particular State also require approval from that State’s voters.