COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT

Table of Provisions

• Long Title
• Preamble

• 1 Short title [see Note 1]  
• 2 Act to extend to the Queen's successors  
• 3 Proclamation of Commonwealth [see Note 2]  
• 4 Commencement of Act  
• 5 Operation of the Constitution and laws [see Note 3]  
• 6 Definitions  
• 7 Repeal of Federal Council Act [see Note 4]  
• 8 Application of Colonial Boundaries Act  
• 9 Constitution [see Note 1]  
 

CHAPTER I--The Parliament

PART I--GENERAL

PART II--THE SENATE

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

PART III--THE HOUSE OF REPRESENTATIVES

• 24 Constitution of House of Representatives  
• 25 Provision as to races disqualified from voting  
• 26 Representatives in first Parliament  
• 27 Alteration of number of members  
• 28 Duration of House of Representatives  
• 29 Electoral divisions [see Note 9]  
• 30 Qualification of electors  
• 31 Application of State laws  
• 32 Writs for general election  
• 33 Writs for vacancies  
• 34 Qualifications of members  
• 35 Election of Speaker  
• 36 Absence of Speaker  
• 37 Resignation of member  
• 38 Vacancy by absence  
• 39 Quorum  
• 40 Voting in House of Representatives  

PART IV--BOTH HOUSES OF THE PARLIAMENT

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

PART V--POWERS OF THE PARLIAMENT

• 51 Legislative powers of the Parliament [see Notes 10 and 11]  
• 52 Exclusive powers of the Parliament  
• 53 Powers of the Houses in respect of legislation  
• 54 Appropriation Bills  
• 55 Tax Bill  
• 56 Recommendation of money votes  
• 57 Disagreement between the Houses  
• 58 Royal assent to Bills  
• 59 Disallowance by the Queen  
• 60 Signification of Queen's pleasure on Bills reserved  
 

CHAPTER II--The Executive Government

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

CHAPTER III--The Judicature

• 71 Judicial power and Courts  
• 72 Judges' appointment, tenure, and remuneration  
• 73 Appellate jurisdiction of High Court  
• 74 Appeal to Queen in Council [see Note 12]  
• 75 Original jurisdiction of High Court  
• 76 Additional original jurisdiction  
• 77 Power to define jurisdiction  
• 78 Proceedings against Commonwealth or State  
• 79 Number of judges  
• 80 Trial by jury  
 

CHAPTER IV--Finance and Trade

• 81 Consolidated Revenue Fund  
• 82 Expenditure charged thereon  
• 83 Money to be appropriated by law  
• 84 Transfer of officers  
• 85 Transfer of property of State  
• 86 [Customs, excise, and bounties] [see Note 13]  
• 87 [Revenue from customs and excise duties] [see Note 13]  
• 88 Uniform duties of customs  
• 89 Payment to States before uniform duties  
• 90 Exclusive power over customs, excise, and bounties  
• 91 Exceptions as to bounties  
• 92 Trade within the Commonwealth to be free  
• 93 Payment to States for five years after uniform tariffs  
• 94 Distribution of surplus  
• 95 Customs duties of Western Australia  
• 96 Financial assistance to States  
• 97 Audit  
• 98 Trade and commerce includes navigation and State railways  
• 99 Commonwealth not to give preference  
• 100 Nor abridge right to use water  
• 101 Inter-State Commission  
• 102 Parliament may forbid preferences by State  
• 103 Commissioners' appointment, tenure, and remuneration  
• 104 Saving of certain rates  
• 105 Taking over public debts of States  
• 105A Agreements with respect to State debts  
 

CHAPTER V--The States

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

CHAPTER VI--New States

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

CHAPTER VII--Miscellaneous

• 125 Seat of Government  
• 126 Power to Her Majesty to authorise Governor-General to appoint deputies [see Note 14]  
 

CHAPTER VIII--Alteration of the Constitution

• 128 Mode of altering the Constitution [see Note 1]  
• SCHEDULE