54-581: The chief minister of the Australian Capital Territory is the head of government of the Australian Capital Territory (ACT). The leader of the party with the largest number of seats in the unicameral Australian Capital Territory Legislative Assembly usually takes on the role. Unlike other states and territories, the chief minister is not appointed by a governor or administrator, but elected directly by
108-536: A desire to regulate inter-colonial tariffs . Tensions existed, however, between the larger colonies and the smaller ones, and in 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
162-459: 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 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
216-606: A new draft which contained substantially the same principles of government as 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,
270-621: A number of Public Authorities and Territory Owned Corporations: The following are officers of the Australian Capital Territory Legislative Assembly : 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
324-737: 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
378-474: A republic are the subject of significant contemporary debate. The most recent referendum occurred on 14 October 2023, in which 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
432-832: A right of appeal to 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
486-499: 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
540-462: The High Court of Australia . The document may only be amended by referendum , through 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
594-482: 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
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#1732779501141648-590: 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,
702-668: The Chief Minister as the head of the government, rather than being appointed by a Governor or Administrator. Since December 2014, the Chief Minister has been Andrew Barr , leader of the Labor Party . Following the 2024 ACT election , Labor formed a minority government of 10 members, after the Greens moved to the crossbench and dissolved the coalition that had been in place since 2012. Ministers are appointed by
756-544: 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
810-768: 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
864-704: The Parliament of the United Kingdom . It came into effect on 1 January 1901 at which point the six colonies became states within 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
918-478: 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 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
972-462: 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
1026-492: The 1898 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 . 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
1080-665: The Assembly. The chief minister is the rough equivalent of the state premiers , and has been a member of the National Cabinet since its creation in 2020. The chief minister previously also represented the ACT on the Council of Australian Governments (COAG). Since there are no local governments in the territory, the chief minister's role is also similar to that of the mayor of a local government area . The chief minister sits on
1134-640: The Australian Capital Territory (Self-Government) Act 1988. Nonetheless, the ACT is governed according to the principles of the Westminster System , a form of parliamentary government based on the model of the United Kingdom . Legislative power rests with the unicameral Australian Capital Territory Legislative Assembly . Executive power rests formally with the Executive, which consists of
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#17327795011411188-684: The Australian Capital Territory , also referred to as the Australian Capital Territory Government or ACT Government , is the executive branch of the Australian Capital Territory . The leader of the party or coalition with the confidence of the Australian Capital Territory Legislative Assembly forms government. Unlike the Australian states and the Northern Territory , the Legislative Assembly directly elects one of their number to be
1242-507: 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
1296-538: The Australian States and the Northern Territory . In the ACT, government functions that would usually be handled by local government are instead directly handled by the Territory government. The current arrangement of the incumbent ministry ( Fourth Barr Ministry ) of the ACT was appointed on 6 November 2024, comprising eight Labor Party members. The current arrangement of the incumbent shadow ministry
1350-441: 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
1404-615: The Chief Minister and Ministers, and is informally called the Cabinet . Judicial power is exercised by the Supreme Court of the Australian Capital Territory and a system of subordinate courts, but the High Court of Australia and other federal courts have overriding jurisdiction on matters which fall under the ambit of the Australian Constitution. The ACT does not have a separate system of local government such as that seen in
1458-434: The Chief Minister. The current ministry of the Australian Capital Territory ( Fourth Barr Ministry ) comprises eight of the 25 members of the Legislative Assembly. The ACT has internal self-government, but Australia's Constitution does not afford the territory government the full legislative independence provided to Australian states. Government for the Australian Capital Territory is outlined in Commonwealth legislation;
1512-573: 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
1566-957: The Council of Capital City Lord Mayors. The current chief minister is Andrew Barr of the Australian Labor Party (ALP), who was first elected by the Assembly on 11 December 2014 following the resignation of Katy Gallagher . This is a list of chief ministers of the Australian Capital Territory by time in office . The basis of the list is the inclusive number of days between dates. Australian Labor Party Liberal Party of Australia 2024 Australian Capital Territory Assembly – 12985 days as of 28 November 2024 Chris Minns ( ALP ) David Crisafulli ( LNP ) Peter Malinauskas ( ALP ) Jeremy Rockliff ( Lib ) Jacinta Allan ( ALP ) Roger Cook ( ALP ) Andrew Barr ( ALP ) Lia Finocchiaro ( CLP ) ACT Government The Government of
1620-593: 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
1674-461: 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
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1728-494: 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
1782-548: 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
1836-515: 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
1890-465: 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
1944-534: 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
1998-466: 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
2052-534: 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
2106-534: The country as a federation under 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
2160-406: 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
2214-597: 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
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2268-400: 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
2322-537: 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
2376-407: 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
2430-517: 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
2484-604: 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
2538-461: 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
2592-492: 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
2646-518: The six self-governing British colonies in Australia: New South Wales , Victoria , Queensland , Western Australia , South Australia and Tasmania . This final draft 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
2700-430: 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
2754-463: Was announced on 18 November 2024, comprising seven Liberal Party members. The ACT Government is served by a unified ACT Public Service agency , reporting to a single Head of Service. Administrative units, known as Directorates, are grouped under areas of portfolio responsibility. Each Directorate is led by a Director-General who reports to one or more Ministers. As of November 2020 , there are nine Directorates: The ACT Government also has
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#17327795011412808-530: 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
2862-488: 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
2916-497: Was that this draft constitution sidestepped some critical issues like tariff policy. The 1891 draft 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
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