108-668: The Constitution Act or Constitutional Act is the name of several acts, notably: The Act forming the original part of the Constitution of Australia Several Acts forming part of the Constitution of Canada , such as: The Constitution Act, 1867 (formerly called the British North America Act, 1867) The Constitution Act, 1982 The Constitution Act (British Columbia) Constitutional Act of 1791 , which divided Quebec into Upper Canada and Lower Canada for
216-808: A constitutional monarchy governed with a parliamentary system . Its eight chapters sets down the structure and powers of the three constituent parts of the federal level of government: the Parliament , the Executive Government and the Judicature . The Constitution was drafted between 1891 and 1898 at a series of conventions conducted by representatives of the six self-governing British colonies in Australia: New South Wales , Victoria , Queensland , Western Australia , South Australia and Tasmania . This final draft
324-454: A " division ", or a recorded vote. In that case the bells are rung throughout Parliament House summoning Senators or Members to the chamber. During a division, members who favour the motion move to the right side of the chamber (the side to the Speaker's or President's right), and those opposed move to the left. They are then counted by "tellers" (government and opposition whips), and the motion
432-619: A forum for debates on public policy matters. Senators and members can move motions on a range of matters relevant to their constituents, and can also move motions of censure against the government or individual ministers. On most sitting days in each house there is a session called question time in which senators and members address questions without notice to the prime minister and other ministers. Senators and members can also present petitions from their constituents. Both houses have an extensive system of committees in which draft bills are debated, matters of public policy are inquired into, evidence
540-542: A majority in the lower house is entitled to form a government, and the United States Congress , which affords equal representation to each of the states, and scrutinises legislation before it can be signed into law. The upper house , the Senate, consists of 76 members: twelve for each state , and two for each of the self-governing territories . Senators are elected using the proportional system and as
648-573: A parliament has possessed armed personnel. Each of the two Houses elects a presiding officer. The presiding officer of the Senate is called the President ; that of the House of Representatives is the Speaker . Elections for these positions are by secret ballot. Both offices are conventionally filled by members of the governing party, but the presiding officers are expected to oversee debate and enforce
756-407: A permanent secretariat, an executive, or independent source of revenue. Perhaps most problematically New South Wales , the largest colony, did not join the body. A series of conferences to discuss federalism was promoted by the premier of New South Wales Henry Parkes ; the first held in 1890 at Melbourne, and another at Sydney in 1891. These conferences were attended by most colonial leaders. By
864-476: A proposed amendment to establish an Indigenous Voice to Parliament was rejected. Political movements to federate the Australian colonies grew to prominence in the mid 19th century. Multiple motivations existed for increased political co-operation between the colonies; including a desire to regulate inter-colonial tariffs . Tensions existed, however, between the larger colonies and the smaller ones, and in
972-527: A quorum is not present, so that debates on routine bills can continue while other members attend to other business outside the chamber. Sometimes the Opposition will " call a quorum " as a tactic to annoy the Government or delay proceedings, particularly when the Opposition feels it has been unfairly treated in the House. Proceedings are interrupted until a quorum is present. It is the responsibility of
1080-737: A referendum bill being approved at a national referendum. A national referendum under this section requires a double majority to be valid, which consists of a majority of votes nationally, and a majority of votes in a majority of states. The Constitution also contains a schedule setting out the wording of the oath and affirmation of allegiance. Under section 42, parliamentarians are required to take this oath or affirmation before taking their seat. The oath or affirmation reads: I, A.B. , do swear [or 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. [Optionally:] SO HELP ME GOD! ... (NOTE— The name of
1188-514: A result, the chamber features a multitude of parties vying for power. The governing party or coalition has not held a majority in the Senate since 1981 (except between 2005 and 2007) and usually needs to negotiate with other parties and independents to get legislation passed. The lower house , the House of Representatives, currently consists of 151 members, each elected using full preferential voting from single-member electorates (also known as electoral divisions or seats). This tends to lead to
SECTION 10
#17327658610081296-499: A state government and the reverse. Section 116 forbids the Commonwealth to establish a national religion, to impose any religious observance or prohibit the free exercise of any religion, or to impose a religious test for office. Chapter VI: New States allows for the establishment or admission of new states, and allows Parliament to provide for representation of the territories. It also provides that state boundaries must require
1404-484: A state or territory has its number of seats adjusted, if electorates are not generally matched by population size or if seven years have passed since the most recent redistribution. From 1901 to 1949, the House consisted of either 74 or 75 members (the Senate had 36). Between 1949 and 1984, it had between 121 and 127 members (the Senate had 60 until 1975, when it increased to 64). In 1977, the High Court ordered that
1512-694: A subject or citizen of a "foreign power". When the Constitution was drafted, all Australians (and other inhabitants of the British empire) were British subjects , so the word "foreign" meant outside the Empire. But, in the landmark case Sue v Hill (1999), the High Court of Australia ruled that, at least since the passage of the Australia Act 1986 , Britain has been a "foreign power", so that British citizens are also excluded. Compulsory voting
1620-460: Is a slight resemblance despite the massive difference of scale. The building was also designed to sit above Old Parliament House when seen from a distance. Construction began in 1981, and the House was intended to be ready by Australia Day , 26 January 1988, the 200th anniversary of European settlement in Australia . It was expected to cost $ 220 million. Neither the deadline nor the budget
1728-511: Is a tie. Most legislation is introduced into the House of Representatives and goes through a number of stages before it becomes law. The legislative process occurs in English, although other Australian parliaments have permitted use of Indigenous languages with English translation. Government bills are drafted by the Office of Parliamentary Counsel . The first stage is a first reading , where
1836-731: Is commonly called the " nexus clause ". Hence, the House presently consists of 151 members. Each state is allocated seats based on its population; however, each original state, regardless of size, is guaranteed at least five seats. The Constitution does not guarantee representation for the territories. Parliament granted a seat to the Northern Territory in 1922, and to the Australian Capital Territory in 1948; these territorial representatives, however, had only limited voting rights until 1968. Federal electorates have their boundaries redrawn or redistributed whenever
1944-492: Is different from Wikidata All article disambiguation pages All disambiguation pages Constitution of Australia [REDACTED] [REDACTED] The Constitution of Australia (also known as the Commonwealth Constitution ) is the fundamental law that governs the political structure of Australia . It is a written constitution , that establishes the country as a federation under
2052-422: Is finally followed by a third reading , where the bill is either passed or rejected by the House. If passed, the legislation is then sent to the Senate, which has a similar structure of debate and passage except that consideration of bills by Senate committees is more common than in the House and the consideration in detail stage is replaced by a committee of the whole . Once a bill has been passed by both Houses in
2160-419: Is passed or defeated accordingly. In the Senate, in order not to deprive a state of a vote in what is supposed to be a states' house, the president is permitted a vote along with other senators (however, that right is rarely exercised); in the case of a tie, the president does not have a casting vote and the motion fails. In the House of Representatives, the Speaker does not vote, but has a casting vote if there
2268-421: Is taken and public servants are questioned. There are also joint committees, composed of members from both houses. In the event of conflict between the two houses over the final form of legislation, the Constitution provides for a simultaneous dissolution of both houses – known as a double dissolution . Section 57 of the Constitution states that, If the House of Representatives passes any proposed law, and
SECTION 20
#17327658610082376-482: The 1984 election . The system for electing senators has changed several times since Federation . The original arrangement used a first-past-the-post block voting , on a state-by-state basis. This was replaced in 1919 by preferential block voting . Block voting tended to produce landslide majorities. For instance, from 1920 to 1923 the Nationalist Party had 35 of the 36 senators, and from 1947 to 1950,
2484-564: The Australian Capital Territory . Canberra was built within it and declared the national capital in 1913. Section 126 permits the governor-general to appoint deputies. Section 127 provided that "aboriginal natives" were not to be included in headcounts for electoral purposes. That section was removed by referendum in 1967. Chapter VIII: Alteration of the Constitution is a single section providing for amendments. It prescribes that alterations may only occur through
2592-626: The Australian Labor Party had 33 of the 36 senators. In 1948, single transferable vote proportional representation on a state-by-state basis became the method for electing senators. This change has been described as an "institutional revolution" that has led to the rise of a number of minor parties such as the Democratic Labor Party , Australian Democrats and Australian Greens who have taken advantage of this system to achieve parliamentary representation and
2700-511: The Bob Hawke government at the 1990 election , the first time in federal history that Labor had obtained a net benefit from preferential voting. It is not possible to be simultaneously a member of both the Senate and the House of Representatives, but a number of people have been members of both houses at different times in their parliamentary career . Only Australian citizens are eligible for election to either house. They must not also be
2808-638: The British Empire . Additionally, the restriction went against plans to create a new court of appeal for the whole empire. Following the amendment, restrictions on Privy Council appeals for some constitutional cases remained, with any further restrictions on appeals imposed by the Australian Parliament required to be "reserved for Her Majesty's Pleasure", meaning subject to approval by the UK government. After this and some other minor changes,
2916-532: The COVID-19 pandemic in Australia ; an adjournment rather than prorogation . Its committees would continue to operate using technology. This unprecedented move was accompanied by two motions raised by the Attorney-General of Australia , Christian Porter , and passed on 23 March 2020. One motion was designed to allow MPs to participate in parliament by electronic means, if agreed by the major parties and
3024-544: The Commonwealth of Australia Constitution Act became law after receiving royal assent on 9 July 1900. This act, also known as the covering act, also authorised the Queen to proclaim the actual act of federation , which was done by Queen Victoria on 17 September 1900, to take effect on 1 January 1901. Prior to this Western Australia then agreed to join the Commonwealth to ensure it would be an "original state" alongside
3132-821: The Commonwealth of Australia Constitution Act from the Public Record Office in London was lent to Australia for the purposes of the Australian Bicentenary . The Australian Government requested permission to keep the copy, and the British Parliament agreed by passing the Australian Constitution (Public Record Copy) Act 1990 . The copy was given to the National Archives of Australia . A curiosity of
3240-459: The Icelandic parliament such that it would be more harmonious with the popular vote Some laws in or formerly in the Constitution of New Zealand : New Zealand Constitution Act 1846 New Zealand Constitution Act 1852 Constitution Act 1986 Niue Constitution Act See also [ edit ] Constitution Constitutional law (disambiguation) Topics referred to by
3348-655: The Judicial Committee of the Privy Council from the High Court remained. Several colonial chief justices and other conservative and financial interests had called for amendments to be made in London, with the British government also objecting to the proposed bill. Businessmen feared that an Australian court would be unduly influenced by local interests, whilst the UK wished to ensure that no local judgments would cause embarrassment internationally or within
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3456-631: The Parliament of the Commonwealth and also known as the Federal Parliament ) is the federal legislature of Australia . It consists of three elements: the monarch of Australia (represented by the governor-general ), the Senate (the upper house), and the House of Representatives (the lower house). It combines elements from the Westminster system , in which the party or coalition with
3564-621: The Philadelphia -based architectural firm of Mitchell/Giurgola, with the on-site work directed by the Italian-born architect Romaldo Giurgola , with a design which involved burying most of the building under Capital Hill, and capping the edifice with an enormous spire topped by a large Australian flag . The façades, however, included deliberate imitation of some of the patterns of the Old Parliament House, so that there
3672-662: The United States Senate , on which it was partly modelled, the Australian Senate includes an equal number of senators from each state, regardless of population. The Constitution allows Parliament to determine the number of senators by legislation, provided that the six original states are equally represented. Furthermore, the Constitution provides that each original state is entitled to at least six senators. However, neither of these provisions applies to any newly admitted states, or to territories. Since an act
3780-591: The federation of the six Australian colonies. The inaugural election took place on 29 and 30 March and the first Australian Parliament was opened on 9 May 1901 in Melbourne by Prince George, Duke of Cornwall and York, later King George V . The only building in Melbourne that was large enough to accommodate the 14,000 guests was the western annexe of the Royal Exhibition Building . After
3888-400: The government whip to ensure that, when a quorum is called, enough government members are present to form a quorum. Both Houses may determine motions by voice vote : the presiding officer puts the question, and, after listening to shouts of "Aye" and "No" from the members, announces the result. The announcement of the presiding officer settles the question, unless at least two members demand
3996-526: The "covering clauses". The second covering clause is interpretive, specifying that throughout the Act references to "the Queen" are references to "Her Majesty's heirs and successors in the sovereignty of the United Kingdom". Considering the emergence of a separate Australian monarchy, on one view the plain reading of this section suggests that it ensures that whoever is the monarch of the UK is automatically
4104-399: The 1891 conference the federalist cause gained momentum. Discussion turned to what the proper system of federal government ought to be. A draft constitution was drawn up at the conference under the guidance of Sir Samuel Griffith , but these meetings lacked popular support. An additional problem was that this draft constitution sidestepped some critical issues like tariff policy. The 1891 draft
4212-481: The 1891 draft, but with added provisions for responsible government . Some delegates to the 1898 constitutional convention favoured a section similar to the bill of rights of the United States Constitution , but this was decided against. This remains the case, with the Constitution only protecting a small and limited number of constitutional rights . To ensure popular support, the 1898 draft
4320-507: The Australian Constitution. Some notable conventions include the existence of the prime minister as head of a Cabinet composed of senior ministers. Another is that the governor-general in exercising executive powers must in almost all circumstances act on the advice of the prime minister. Despite not being present explicitly in the Constitution, they are understood by the High Court to be incorporated by implication within
4428-441: The Australian people. Others contend this question is ultimately not a legal one, with the binding force of the Constitution the grundnorm ( ' basic norm ' ) or starting premise of the Australian legal system. Following the 2017–18 Australian parliamentary eligibility crisis , there was discussion of whether to retain or replace the current constitution. Former prime minister Bob Hawke advocated for getting "rid of
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4536-477: The Commonwealth can make grants subject to states implementing particular policies in their fields of legislative responsibility. Such grants, known as "tied grants" (since they are tied to a particular purpose), have been used to give the federal parliament influence over state policy matters such as public hospitals and schools. The Parliament performs other functions besides legislation. It can discuss urgency motions or matters of public importance : these provide
4644-573: The Commonwealth. Chapter IV: Finance and Trade deals with commercial matters within the federation. Section 81 prescribes all Commonwealth revenue to a Consolidated Revenue Fund , and section 90 gives the Commonwealth exclusive power over custom and excise duties. Section 92 is notable for prescribing "absolutely free" trade and commerce between the states. Section 96 allows the Commonwealth to make grants on terms determined by Parliament. Section 101 sets up an Inter-State Commission , now defunct. Chapter V: The States contains provisions dealing with
4752-433: The High Court (most notably in the landmark Boilermakers' case ) as giving rise of the separation of powers doctrine in Australia, most strongly between judicial and the other two powers. Chapter I: The Parliament sets up the legislative branch of government. It consists of the monarch , the Senate , and the House of Representatives . It provides for the number of representatives to attend each body, and provides that
4860-516: The High Court of Australia. The Parliament is authorised to create federal courts, and to vest the exercise of federal judicial power within the courts of the states. Section 74 (now defunct) provides for the circumstances in which an appeal may be made to the Queen in Council , section 75 provides for the High Court's jurisdiction, and section 80 guarantees trial by jury for indictable offences against
4968-473: The House of Representatives will not agree, the Governor-General may dissolve the Senate and the House of Representatives simultaneously. In an election following a double dissolution, each state elects their entire 12-seat Senate delegation, while the two territories represented in the Senate each elect their two senators as they would in a regular federal election. Because all seats are contested in
5076-494: The King or Queen of the United Kingdom of Great Britain and Northern Ireland for the time being is to be substituted from time to time. ) Since 1901, other oaths or affirmations of office are made by prime ministers, ministers and parliamentary secretaries upon appointment to their office. The wording of these oaths are not set by statute and are set by the government of the day. Constitutional conventions are an important part of
5184-728: The Parliament House Construction Authority was created. A two-stage competition was announced, for which the Authority consulted the Royal Australian Institute of Architects and, together with the National Capital Development Commission , made available to competitors a brief and competition documents. The design competition drew 329 entries from 29 countries. The competition winner was
5292-430: 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
5400-487: The UK to appoint state governors , make laws that applied to the states and an appeal to the UK Judicial Committee of the Privy Council still existed for certain court cases. These remaining constitutional links to the United Kingdom were removed in 1986 with the passage of the Australia Act , leaving Australia fully independent of the British Parliament and legal system. In 1988, the original copy of
5508-515: The UK, it is theoretically possible for the separate people to be monarch of the UK and Australia via either of the countries passing diverging succession legislation. As such, to ensure that both positions are held by the same person, any succession laws must be changed in each Commonwealth realm, as was done most recently following the Perth Agreement . The Constitution Act contains a preamble. It does not discuss Western Australia due to
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#17327658610085616-465: 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: The Constitution is divided into eight chapters, collectively containing 128 sections. The first three chapters state the respective powers of the legislature, executive, and judiciary. This split into three chapters has been interpreted by
5724-419: The balance of power. From the 1984 election, group ticket voting was introduced in order to reduce a high rate of informal voting but in 2016, group tickets were abolished to end the influence that preference deals amongst parties had on election results and a form of optional preferential voting was introduced. Section 15 of the Constitution provides that a casual vacancy of a senator shall be filled by
5832-735: The benefit of newly arrived English-speakers Constitutional act of the Czech Republic , the name of a kind of law in the Czech Republic which alters the Constitution Various pieces of Danish legislation, including: Constitutional Act of the Kingdom of Denmark (1849), which provided the modern constitution for Denmark, ending the previous absolute monarchy The Danish Act of Succession , known formally as, The Constitutional Act of Denmark of June 5, 1953 Constitutional Act of 1934 , which realigned representation in
5940-401: The bill or bills, including any amendments which have been previously proposed in either house, or any new amendments. If a bill is passed by an absolute majority of the total membership of the joint sitting, it is treated as though it had been passed separately by both houses, and is presented for royal assent. With proportional representation, and the small majorities in the Senate compared to
6048-534: 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
6156-496: The chamber being dominated by two major political groups, the centre‑right Coalition (consisting of the Liberal and National parties) and the centre‑left Labor Party . The government of the day must achieve the confidence of this House in order to gain and remain in power. The House of Representatives has a maximum term of three years, although it can be dissolved early. The Senate has fixed terms, with half of
6264-466: The consent of a state before alteration by referendum. Chapter VII: Miscellaneous contains provisions on varied topics. Section 125 establishes Melbourne as the nation's temporary capital, while providing for the eventual capital to be established within New South Wales but no less than one hundred miles (160 km) from Sydney . In 1911, New South Wales ceded to the Commonwealth what is now
6372-534: The constitution we've got", and replacing the Constitution with a system that does not include states. Constitution Day is observed on 9 July, the date Queen Victoria assented to the Commonwealth of Australia Constitution Act 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 . Further events have not been widely held since 2001. The day
6480-635: The degree to which each colony embraced protectionist policies. Those tensions and the outbreak of the American Civil War harmed the political case for federalism in the 1850s and 1860s. In 1889 the Federal Council of Australasia was established. It arose out of a fear of the growing presence of German and French colonies in the Pacific, and a growing Australian identity. The council could legislate on certain subjects but did not have
6588-567: The design as part of his official duties. He had little personal enthusiasm for the project, as he felt it was a waste of money and expenditure on it could not be justified at the time. Nevertheless, he designed the building by default. The construction of Old Parliament House , as it is called today, commenced on 28 August 1923 and was completed in early 1927. It was built by the Commonwealth Department of Works, using workers and materials from all over Australia. The final cost
SECTION 60
#17327658610086696-406: The document's history is that the act remains in force as a statute of the UK, despite Australia's subsequent independence. Under traditional legal theory, the Constitution is binding by virtue of the UK parliament's paramount authority over Australian law; however, various members of the High Court and some academics have expressed the view that the Constitution now derives its legal authority from
6804-991: The document. For example, the convention under responsible government that the governor-general may only appoint as prime minister a member with the support of the majority of the House of Representatives follows from the requirement that ministers must sit in Parliament and money cannot be spent by the executive government unless authorised by law (passed by the House). Parliament of Australia Opposition (55) Coalition Crossbench (18) Labor (25) Opposition (30) Coalition Liberal (24) National (6) Crossbench (21) Greens (11) One Nation (2) Australia's Voice ( 1 ) Lambie Network ( 1 ) United Australia ( 1 ) [REDACTED] [REDACTED] The Parliament of Australia (officially
6912-495: The domain of the states. Section 51 grants the Commonwealth power over areas such as taxation, external affairs, defence and marriage. Section 51 also allows state parliaments to refer matters to the Commonwealth to legislate. Section 96 of the Australian Constitution gives the Commonwealth Parliament the power to grant money to any State, "on such terms and conditions as the Parliament thinks fit". In effect,
7020-538: The event of inconsistency between the laws. Section 52 contains a brief list of topics that only the Commonwealth may legislate upon. Some relevant powers of the governor-general are provided here: to summon, prorogue or dissolve the Parliament, and to give or refuse royal assent to federal bills. Other matters dealt within the chapter include eligibility issues for voting or standing in elections; and miscellaneous matters regarding parliamentary procedures and allowances. Chapter II: The Executive Government sets down
7128-454: The event. Dame Nellie Melba sang " God Save the King ". The Duke of York unlocked the front doors with a golden key, and led the official party into King's Hall where he unveiled the statue of his father, King George V . The Duke then opened the first parliamentary session in the new Senate Chamber. In 1978 the Fraser government decided to proceed with a new building on Capital Hill , and
7236-465: The generally larger majorities in the House of Representatives, and the requirement that the number of members of the lower house be "nearly as practicable" twice that of the Senate, a joint sitting after a double dissolution is more likely than not to lead to a victory for the lower house over the Senate. This provision has only been invoked on one occasion, after the election following the 1974 double dissolution. However, there are other occasions when
7344-402: The government with the leader of that party or coalition becoming the prime minister. If the government loses the confidence of the House, they are expected to call a new election or resign. Parliament may determine the number of members of the House of Representatives but the Constitution provides that this number must be "as nearly as practicable, twice the number of Senators"; this requirement
7452-400: The governor-general to act on the advice of ministers and the existence of cabinet and the prime minister. This was intentional on the part of the framers of the constitution, however the High Court has found these principles arise as a matter of implication. Chapter III: The Judicature sets up the judicial branch. Commonwealth judicial power is vested in a federal supreme court to be called
7560-427: The governor-general to become law. The Senate has the same legislative powers as the House, except that it may not amend or introduce money bills, only pass or reject them. The enacting formula for acts of Parliament since 1990 is simply "The Parliament of Australia enacts:". Commonwealth legislative power is limited to that granted in the Constitution. Powers not specified are considered "residual powers", and remain
7668-537: The late date which it agreed to join Federation. The preamble names all states except Western Australia, mentions God and recognises that the Australian people have agreed to unite under the Constitution. It ends with the standard enacting clause of the United Kingdom , acknowledging the Queen and the UK houses of Parliament as the legal authority of the act. WHEREAS the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on
7776-416: The legislation is introduced to the chamber, then there is a second reading , where a vote is taken on the general outlines of the bill. Although rare, the legislation can then be considered by a House committee, which reports back to the House on any recommendations. This is followed by a consideration in detail stage, where the House can consider the clauses of the bill in detail and make any amendments. This
7884-480: The lower house voting system to full preferential voting for the subsequent 1919 election . This was in response to Labor unexpectedly winning the 1918 Swan by-election with the largest primary vote, due to vote splitting among the conservative parties. This system has remained in place ever since, allowing the Coalition parties to safely contest the same seats. Full-preference preferential voting re-elected
7992-407: The monarch of Australia as well. However, other academics have suggested that this clause merely ensures that references to "the Queen" are not restricted to whoever was the monarch at the time of the enactment (i.e. Queen Victoria) and extends the meaning of the phrase to whoever is the currently lawful monarch under Australian succession law. As these laws are not automatically the same as those of
8100-598: The new Commonwealth of Australia. The Constitution is the primary, but not exclusive, source of Australian constitutional law , alongside constitutional conventions , state constitutions , the Statute of Westminster 1931 , the Australia Acts 1986 , prerogative instruments and judicial interpretations of these laws by the High Court of Australia . The document may only be amended by referendum , through
8208-403: The night to 5 am, Holder exclaimed: "Dreadful, dreadful!" before collapsing as a result of a cerebral haemorrhage . The Constitution provided that a new national capital would be established for the nation. This was a compromise at Federation due to the rivalry between the two largest Australian cities, Sydney and Melbourne , which both wished to become the new capital. The site of Canberra
8316-573: The official opening, from 1901 to 1927 the Parliament met in Parliament House, Melbourne , which it borrowed from the Parliament of Victoria (which sat, instead, in the Royal Exhibition Building until 1927). During this time, Sir Frederick Holder became the first speaker and also the first (and thus far only) parliamentarian to die during a sitting. On 23 July 1909 during an acrimonious debate that had extended through
8424-517: The other five colonies. At Federation, six British colonies became a single federated nation. Some British Imperial laws remained in force, together with those of the Australian colonies although, according to Robert Menzies , "the real and administrative legislative independence of Australia" was never challenged after federation. The power of the British Imperial Parliament to legislate with effect in Australian federal law
8532-423: The place until fourteen days after the state Parliament resumes sitting. The state Parliament can also be recalled to ratify a replacement. The lower house of the Australian Parliament, the House of Representatives , is made up of single member electorates with a population of roughly equal size. As is convention in the Westminster system , the party or coalition of parties that has the majority in this House forms
8640-408: The power to appoint the governor-general), whom the King appoints as his representative in Australia on the advice of the prime minister . However, by convention, the governor-general exercises these powers only upon the advice of ministers, except for limited circumstances covered by the reserve powers . The upper house of the Australian Parliament is the Senate , which consists of 76 members. Like
8748-604: The powers of the executive government. Executive power is vested in the monarch and exercisable by the governor-general , who appoints the Federal Executive Council and is to act with its advice. The governor-general is empowered to appoint and dismiss ministers, and is the Commander-in-Chief of the Australian armed forces. However, the Constitution does not set out explicitly the constitutional conventions of responsible government that require
8856-444: The procedure set out in section 128 . This requires a double majority : a nationwide majority as well as a majority of voters in a majority of states. Only eight of the 45 proposed amendments put to a referendum have passed. Proposals to amend the document to recognise Indigenous Australians and to become a republic are the subject of significant contemporary debate. The most recent referendum occurred on 14 October 2023, in which
8964-409: The representatives attending both must be chosen directly by the electorate. Each electorate of the House of Representatives is apportioned equally by population, whereas senators are allocated unevenly between "original states", the territories, and future states (of which none presently exist). The House of Representatives is required to have twice as many members as the senate. Chapter I also defines
9072-492: The role of the monarch in relation to the Parliament, although the monarch's own powers over legislation are now regarded as defunct. The chapter notably also provides for the powers of the Commonwealth parliament. The Parliament is not granted plenary power by the Constitution. Section 51 contains a list of topics Commonwealth Parliament is permitted to legislate upon (known as the heads of power ). States may also legislate upon these topics, but Commonwealth law prevails in
9180-409: The rules in an impartial manner. The Constitution authorises Parliament to set the quorum for each chamber. The quorum of the Senate is one-quarter of the total membership (nineteen); that of the House of Representatives is one-fifth of the total membership (thirty-one). In theory, if a quorum is not present, then a House may not continue to meet. In practice, members usually agree not to notice that
9288-416: The same election, it is easier for smaller parties to win seats under the single transferable vote system: the quota for the election of each senator in each Australian state in a full Senate election is 7.69% of the vote, while in a normal half-Senate election the quota is 14.28%. If the conflict continues after such an election, the governor-general may convene a joint sitting of both houses to consider
9396-548: The same form, it is then presented to the governor-general for royal assent . The principal function of the Parliament is to pass laws, or legislation. Any parliamentarian may introduce a proposed law (a bill), except for a money bill (a bill proposing an expenditure or levying a tax), which must be introduced in the House of Representatives. In practice, the great majority of bills are introduced by ministers. Bills introduced by other members are called private members' bills. All bills must be passed by both houses and assented to by
9504-429: The same term [REDACTED] This disambiguation page lists articles associated with the title Constitution Act . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Constitution_Act&oldid=1155551135 " Category : Disambiguation pages Hidden categories: Short description
9612-432: The size of the House be reduced from 127 to 124 members to comply with the nexus provision. In 1984, both the Senate and the House were enlarged; since then the House has had between 148 and 151 members (the Senate has 76). First-past-the-post voting was used to elect members of the House of Representatives until in 1918 the Nationalist Party government, a predecessor of the modern-day Liberal Party of Australia , changed
9720-448: The sparsely built nature of Canberra of the time and its small population. The building was extensively decorated with Union Jacks and Australian flags and bunting. Temporary stands were erected bordering the lawns in front of the Parliament and these were filled with crowds. A Wiradjuri elder, Jimmy Clements , was one of only two Aboriginal Australians present, having walked for about a week from Brungle Station (near Tumut ) to be at
9828-477: The speaker; the second determined that with the agreement of the two major parties, the standing orders could be amended without requiring an absolute majority. The Constitution establishes the Commonwealth Parliament, consisting of three components: the King of Australia , the Senate and the House of Representatives. All of the constitutional functions of the King are exercisable by the governor-general (except
9936-417: The state Parliament. If the previous senator was a member of a particular political party the replacement must come from the same party, but the state Parliament may choose not to fill the vacancy, in which case section 11 requires the Senate to proceed regardless. If the state Parliament happens to be in recess when the vacancy occurs, the Constitution provides that the state governor can appoint someone to fill
10044-408: The state Senate seats go up for re-election each three years (except in the case of a double dissolution) as they serve six-year terms; however territory Senators do not have staggered terms and hence face re-election every three years. Until 1949, each state elected the constitutional minimum of six senators. This number increased to ten from the 1949 election , and was increased again to twelve from
10152-694: The state senators' terms expiring every three years (the terms of the four territory senators are linked to House elections). As a result, House and Senate elections almost always coincide. A deadlock-breaking mechanism known as a double dissolution can be used to dissolve the full Senate as well as the House if the Senate refuses to pass a piece of legislation passed by the House. The two houses of Parliament meet in separate chambers of Parliament House (except in rare joint sittings ) on Capital Hill in Canberra , Australian Capital Territory . The Commonwealth of Australia came into being on 1 January 1901 with
10260-430: The states and their role in the federal system. Sections 106–108 preserve the powers of the states, section 109 provides that Commonwealth legislation prevails over that of a state to the extent of any inconsistency. Section 111 provides for surrender of state territory to the Commonwealth, section 114 forbids states to raise military forces without Commonwealth permission, and also forbids the Commonwealth to tax property of
10368-474: The turnout figure rise to 91.4%. The turnout increased to about 95% within a couple of elections and has stayed at about that level since. Since 1973, citizens have had the right to vote upon turning 18. Prior to this it was 21. Australian Federal Police officers armed with assault rifles have been situated in the Federal Parliament since 2015. It is the first time in Australian history that
10476-470: The two houses meet as one. In addition to the work of the main chambers, both the Senate and the House of Representatives have a large number of investigatory and scrutiny committees which deal with matters referred to them by their respective houses or ministers. They provide the opportunity for all members and senators to ask questions of witnesses, including ministers and public officials, as well as conduct inquiries, and examine policy and legislation. Once
10584-482: Was about £600,000, which was more than three times the original estimate. It was designed to house the parliament for a maximum of 50 years until a permanent facility could be built, but was actually used for more than 60 years. The building was opened on 9 May 1927 by the Duke and Duchess of York (later King George VI and Queen Elizabeth The Queen Mother ). The opening ceremonies were both splendid and incongruous, given
10692-543: Was introduced for federal elections in 1924. The immediate justification for compulsory voting was the low voter turnout (59.38%) at the 1922 federal election , down from 71.59% at the 1919 federal election . Compulsory voting was not on the platform of either the Stanley Bruce -led Nationalist/Country party coalition government or the Matthew Charlton -led Labor opposition. The actual initiative for change
10800-443: Was made by Herbert Payne , a backbench Tasmanian Nationalist Senator who on 16 July 1924 introduced a private Senator's bill in the Senate. Payne's bill was passed with little debate (the House of Representatives agreeing to it in less than an hour), and in neither house was a division required, hence no votes were recorded against the bill. The 1925 federal election was the first to be conducted under compulsory voting, which saw
10908-544: Was met. In the end it cost more than $ 1.1 billion to build. New Parliament House was finally opened by Elizabeth II, Queen of Australia , on 9 May 1988, the anniversary of the opening of both the first Federal Parliament in Melbourne on 9 May 1901 and the Provisional Parliament House in Canberra on 9 May 1927. In March 2020, the 46th Parliament of Australia was suspended due to
11016-645: Was passed in 1973, senators have been elected to represent the territories. Currently, the two Northern Territory senators represent the residents of the Northern Territory as well as the Australian external territories of Christmas Island and the Cocos (Keeling) Islands . The two Australian Capital Territory senators represent the Australian Capital Territory, the Jervis Bay Territory and since 1 July 2016, Norfolk Island . Only half of
11124-498: 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 . After ratification by the five colonies, the bill was presented to the British Imperial Parliament with an address requesting Queen Victoria to enact the bill. Prior to the bill's enactment, a final change was made to ensure that a right of appeal to
11232-530: Was restricted by the UK's passage in 1931 of the Statute of Westminster , adopted into Australian law by the Statute of Westminster Adoption Act 1942 . The adoption act acceded Australia to the Statute of Westminster retroactively, with the date set to 3 September 1939, when Australia along with the rest of the British Empire entered World War II. The Statute did not however remove the ability for
11340-488: Was revived in 2007 and is jointly organised by the National Archives and the Department of Immigration and Citizenship . The Commonwealth of Australia Constitution Act 1900 (Imp) was granted royal assent on 9 July 1900. It consists of nine sections. Section 9 contains the Constitution itself. Since the Constitution itself is divided into sections, sections 1 to 8 of the Act have come to be known for convenience as
11448-484: Was selected for the location of the nation's capital city in 1908. A competition was announced on 30 June 1914 to design Parliament House, with prize money of £7,000. However, due to the start of World War I the next month, the competition was cancelled. It was re-announced in August 1916, but again postponed indefinitely on 24 November 1916. In the meantime, John Smith Murdoch , the Commonwealth's chief architect, worked on
11556-475: Was submitted to colonial parliaments; however, it lapsed in New South Wales. After that event 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
11664-399: Was then approved by each state in a series of referendums from 1898 to 1900. The agreed constitution was transmitted to London where, after some minor modifications, it was enacted as section 9 of the Commonwealth of Australia Constitution Act 1900 , an act of the Parliament of the United Kingdom . It came into effect on 1 January 1901 at which point the six colonies became states within
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