Misplaced Pages

Constitution of Australia

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.
#302697

112-399: [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 a constitutional monarchy governed with a parliamentary system . Its eight chapters sets down the structure and powers of

224-479: A Mediterranean climate . The south-east ranges from oceanic (Tasmania and coastal Victoria) to humid subtropical (upper half of New South Wales), with the highlands featuring alpine and subpolar oceanic climates . The interior is arid to semi-arid . Driven by climate change , average temperatures have risen more than 1°C since 1960 . Associated changes in rainfall patterns and climate extremes exacerbate existing issues such as drought and bushfires . 2019

336-591: A Parliament of New South Wales acting as the legislature. The premier is appointed by the Governor of New South Wales , and by modern convention holds office by their ability to command the support of a majority of members of the lower house of Parliament, the Legislative Assembly . Before Federation in 1901, the term " prime minister of New South Wales " was also used. "Premier" has been used more or less exclusively from 1901, to avoid confusion with

448-525: A belt of Brigalow grasslands lie between the coast and the mountains, while inland of the dividing range are large areas of grassland and shrubland. These include the western plains of New South Wales, and the Mitchell Grass Downs and Mulga Lands of inland Queensland. The northernmost point of the mainland is the tropical Cape York Peninsula . The landscapes of the Top End and

560-824: A large wave of immigration from across Europe , with such immigrants referred to as " New Australians ". This required a relaxation of the white Australia policy , which was justified to Australians using the slogan "populate or perish". A member of the Western Bloc during the Cold War , Australia participated in the Korean War and the Malayan Emergency during the 1950s and the Vietnam War from 1962 to 1972. During this time, tensions over communist influence in society led to unsuccessful attempts by

672-461: A date which later became Australia's national day . Most early settlers were convicts , transported for petty crimes and assigned as labourers or servants to "free settlers" (willing immigrants). Once emancipated , convicts tended to integrate into colonial society. Convict rebellions and uprisings were suppressed under martial law, which lasted for two years following the 1808 Rum Rebellion , Australia's only successful coup d'état . During

784-407: 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

896-475: 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

1008-736: 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

1120-581: A settlement was established in Van Diemen's Land (present-day Tasmania ), and in 1813, Gregory Blaxland , William Lawson and William Wentworth crossed the Blue Mountains west of Sydney, opening the interior to European settlement. The British claim extended to the whole Australian continent in 1827 when Major Edmund Lockyer established a settlement on King George Sound (modern-day Albany ). The Swan River Colony (present-day Perth )

1232-503: A short distance off the north-east coast and extends for more than 2,000 km (1,200 mi). Mount Augustus , claimed to be the world's largest monolith, is located in Western Australia. At 2,228 m (7,310 ft), Mount Kosciuszko is the highest mountain on the Australian mainland. Even taller are Mawson Peak , at 2,745 m (9,006 ft), on the remote Australian external territory of Heard Island , and, in

SECTION 10

#1732765397303

1344-499: 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

1456-411: A wide variety of landscapes, with tropical rainforests in the north-east, mountain ranges in the south-east, south-west and east, and desert in the centre. The desert or semi-arid land commonly known as the outback makes up by far the largest portion of land. Australia is the driest inhabited continent; its annual rainfall averaged over continental area is less than 500 mm. The population density

1568-436: Is 3.4 inhabitants per square kilometre, although the large majority of the population lives along the temperate south-eastern coastline. The population density exceeds 19,500 inhabitants per square kilometre in central Melbourne. In 2021 Australia had 10% of the global permanent meadows and pastureland. Forest cover is around 17% of Australia's total land area. The Great Barrier Reef , the world's largest coral reef, lies

1680-413: Is a constitutional monarchy , a parliamentary democracy and a federation . The country has maintained its mostly unchanged constitution alongside a stable liberal democratic political system since Federation in 1901. It is one of the world's oldest federations, in which power is divided between the federal and state governments. The Australian system of government combines elements derived from

1792-565: Is governed by convention and their precise scope is unclear. The most notable exercise of these powers was the dismissal of the Whitlam government in the constitutional crisis of 1975 . Premier of New South Wales The premier of New South Wales is the head of government in the state of New South Wales , Australia . The Government of New South Wales follows the Westminster Parliamentary System , with

1904-586: Is now Southeast Asia. It is uncertain how many waves of immigration may have contributed to these ancestors of modern Aboriginal Australians. The Madjedbebe rock shelter in Arnhem Land is possibly the oldest site showing the presence of humans in Australia. The oldest human remains found are the Lake Mungo remains , which have been dated to around 41,000 years ago. Aboriginal Australian culture

2016-629: Is one of only two pristine Archaean 3.6–2.7 Ga (billion years ago) crusts identified on the Earth. Having been part of all major supercontinents , the Australian continent began to form after the breakup of Gondwana in the Permian , with the separation of the continental landmass from the African continent and Indian subcontinent. It separated from Antarctica over a prolonged period beginning in

2128-466: Is one of the oldest continuous cultures on Earth. At the time of first European contact, Aboriginal Australians belonged to wide range of societies, with diverse economies spread across at least 250 different language groups . Estimates of the Aboriginal population before British settlement range from 300,000 to 3 million. Aboriginal Australians cultures were (and remain) deeply connected with

2240-411: Is unique. About 85% of flowering plants, 84% of mammals, more than 45% of birds , and 89% of in-shore, temperate-zone fish are endemic . Australia has at least 755 species of reptile, more than any other country in the world. Besides Antarctica, Australia is the only continent that developed without feline species. Feral cats may have been introduced in the 17th century by Dutch shipwrecks, and later in

2352-624: 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

SECTION 20

#1732765397303

2464-636: 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,

2576-768: The Colonial Office that it be formally adopted. In 1824, the Admiralty agreed that the continent should be known officially by that name. The first official published use of the new name came with the publication in 1830 of The Australia Directory by the Hydrographic Office . Colloquial names for Australia include " Oz ", " Straya " and " Down Under ". Other epithets include "the Great Southern Land", "the Lucky Country" (from

2688-535: The Commonwealth of Australia , is a country comprising the mainland of the Australian continent , the island of Tasmania and numerous smaller islands . Australia has a total area of 7,688,287 km (2,968,464 sq mi), making it the sixth-largest country in the world and the largest country by area in Oceania . It is the world's oldest, flattest, and driest inhabited continent, with some of

2800-482: 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

2912-820: 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

3024-595: The Gulf Country —with their tropical climate—include forest, woodland, wetland, grassland, rainforest and desert. At the north-west corner of the continent are the sandstone cliffs and gorges of The Kimberley , and below that the Pilbara . The Victoria Plains tropical savanna lies south of the Kimberley and Arnhem Land savannas, forming a transition between the coastal savannas and the interior deserts. At

3136-551: The Indian Ocean Dipole and the El Niño–Southern Oscillation , which is correlated with periodic drought , and the seasonal tropical low-pressure system that produces cyclones in northern Australia. These factors cause rainfall to vary markedly from year to year. Much of the northern part of the country has a tropical, predominantly summer-rainfall ( monsoon ). The south-west corner of the country has

3248-539: The Iraq War from 2003 to 2009. The nation's trade relations also became increasingly oriented towards East Asia in the 21st century, with China becoming the nation's largest trading partner by a large margin. In 2020, during the COVID-19 pandemic , several of Australia's largest cities were locked down for extended periods and free movement across the national and state borders was restricted in an attempt to slow

3360-710: 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

3472-664: The Menzies Government to ban the Communist Party of Australia , and a bitter split in the Labor Party in 1955. As a result of a 1967 referendum , the federal government gained the power to legislate with regard to Indigenous Australians, and Indigenous Australians were fully included in the census . Pre-colonial land interests (referred to as native title in Australia) was recognised in law for

Constitution of Australia - Misplaced Pages Continue

3584-738: The Pacific Community ; the Commonwealth of Nations ; and the defence and security organisations ANZUS , AUKUS , and the Five Eyes . It is also a major non-NATO ally of the United States. The name Australia (pronounced / ə ˈ s t r eɪ l i ə / in Australian English ) is derived from the Latin Terra Australis ( ' southern land ' ), a name used for a hypothetical continent in

3696-532: The Permian and continuing through to the Cretaceous . When the last glacial period ended in about 10,000 BC, rising sea levels formed Bass Strait , separating Tasmania from the mainland. Then between about 8,000 and 6,500 BC, the lowlands in the north were flooded by the sea, separating New Guinea, the Aru Islands , and the mainland of Australia. The Australian continent is moving toward Eurasia at

3808-686: The Territory of Papua and New Guinea in 1949 and gained independence from Australia in 1975. In 1914, Australia joined the Allies in fighting the First World War, and took part in many of the major battles fought on the Western Front . Of about 416,000 who served, about 60,000 were killed and another 152,000 were wounded. Many Australians regard the defeat of the Australian and New Zealand Army Corps (ANZAC) at Gallipoli in 1915 as

3920-528: The Torres Strait Islands . The Dutch charted the whole of the western and northern coastlines and named the island continent " New Holland " during the 17th century, and although no attempt at settlement was made, a number of shipwrecks left men either stranded or, as in the case of the Batavia in 1629, marooned for mutiny and murder, thus becoming the first Europeans to permanently inhabit

4032-696: The bombing of Darwin and other Japanese attacks on Australian soil , led to a widespread belief in Australia that a Japanese invasion was imminent , and a shift from the United Kingdom to the United States as Australia's principal ally and security partner. Since 1951, Australia has been allied with the United States under the ANZUS treaty. In the decades following World War II, Australia enjoyed significant increases in living standards, leisure time and suburban development. Governments encouraged

4144-426: The emu and the kookaburra . Australia is home to many dangerous animals including some of the most venomous snakes in the world. The dingo was introduced by Austronesian people who traded with Indigenous Australians around 3000 BCE . Many animal and plant species became extinct soon after first human settlement, including the Australian megafauna ; others have disappeared since European settlement, among them

4256-534: The governor-general at the federal level and by the governors at the state level, who by section 63 of the Constitution and convention act on the advice of their ministers. Thus, in practice the governor-general acts as a legal figurehead for the actions of the prime minister and the Cabinet. The governor-general may in some situations exercise reserve powers : powers exercisable in the absence or contrary to ministerial advice. When these powers may be exercised

4368-661: The "baptism of fire" that forged the new nation's identity . The beginning of the campaign is commemorated annually on Anzac Day , a date which rivals Australia Day as the nation's most important. From 1939 to 1945, Australia joined the Allies in fighting the Second World War. Australia's armed forces fought in the Pacific , European and Mediterranean and Middle East theatres . The shock of Britain's defeat in Singapore in 1942, followed soon after by

4480-461: 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

4592-587: The "island continent" and is sometimes considered the world's largest island . Australia has 34,218 km (21,262 mi) of coastline (excluding all offshore islands), and claims an extensive exclusive economic zone of 8,148,250 square kilometres (3,146,060 sq mi). This exclusive economic zone does not include the Australian Antarctic Territory . Mainland Australia lies between latitudes 9° and 44° south , and longitudes 112° and 154° east . Australia's size gives it

Constitution of Australia - Misplaced Pages Continue

4704-399: 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

4816-481: 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

4928-428: The 18th century by European settlers. They are now considered a major factor in the decline and extinction of many vulnerable and endangered native species. Seafaring immigrants from Asia are believed to have brought the dingo to Australia sometime after the end of the last ice age—perhaps 4000 years ago—and Aboriginal people helped disperse them across the continent as pets, contributing to the demise of thylacines on

5040-539: The 1964 book of the same name ), "the Sunburnt Country", and "the Wide Brown Land". The latter two both derive from Dorothea Mackellar 's 1908 poem " My Country ". Indigenous Australians comprise two broad groups: Human habitation of the Australian continent is estimated to have begun 50,000 to 65,000 years ago, with the migration of people by land bridges and short sea crossings from what

5152-543: The 2018 Environmental Performance Index . There are more than 1,800 animals and plants on Australia's threatened species list, including more than 500 animals. Paleontologists discovered a fossil site of a prehistoric rainforest in McGraths Flat , in South Australia, that presents evidence that this now arid desert and dry shrubland / grassland was once home to an abundance of life. Australia

5264-656: The Australian Antarctic Territory, Mount McClintock and Mount Menzies , at 3,492 m (11,457 ft) and 3,355 m (11,007 ft) respectively. Eastern Australia is marked by the Great Dividing Range , which runs parallel to the coast of Queensland, New South Wales and much of Victoria. The name is not strictly accurate, because parts of the range consist of low hills, and the highlands are typically no more than 1,600 m (5,200 ft) in height. The coastal uplands and

5376-507: 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

5488-558: The Australian mainland. The first ship and crew to chart the Australian coast and meet with Aboriginal people was the Duyfken , captained by Dutch navigator Willem Janszoon . He sighted the coast of Cape York Peninsula in early 1606, and made landfall on 26 February 1606 at the Pennefather River near the modern town of Weipa on Cape York. Later that year, Spanish explorer Luís Vaz de Torres sailed through and navigated

5600-433: 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

5712-550: The Commonwealth of Australia. This continued a process of increasing autonomy from the United Kingdom, highlighted by the Statute of Westminster Adoption Act 1942 , and culminating in the Australia Acts of 1986. Australia is a federal parliamentary democracy and constitutional monarchy comprising six states and ten territories . Its population of more than 28 million is highly urbanised and heavily concentrated on

SECTION 50

#1732765397303

5824-573: 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

5936-535: 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

6048-516: 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

6160-493: 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

6272-709: The Southern Hemisphere since ancient times. Several 16th-century cartographers used the word Australia on maps, but not to identify modern Australia. When Europeans began visiting and mapping Australia in the 17th century, the name Terra Australis was applied to the new territories. Until the early 19th century, Australia was best known as New Holland , a name first applied by the Dutch explorer Abel Tasman in 1644 (as Nieuw-Holland ) and subsequently anglicised. Terra Australis still saw occasional usage, such as in scientific texts. The name Australia

6384-547: 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

6496-450: 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

6608-399: 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

6720-425: 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

6832-438: The centre and Phanerozoic sedimentary basins , metamorphic and igneous rocks in the east. The Australian mainland and Tasmania are situated in the middle of the tectonic plate and have no active volcanoes, but due to passing over the East Australia hotspot , recent volcanism has occurred during the Holocene , in the Newer Volcanics Province of western Victoria and south-eastern South Australia. Volcanism also occurs in

SECTION 60

#1732765397303

6944-420: The colonies was achieved after a decade of planning, constitutional conventions and referendums , resulting in the establishment of the Commonwealth of Australia as a nation under the new Australian Constitution . After the 1907 Imperial Conference , Australia and several other self-governing British settler colonies were given the status of self-governing dominions within the British Empire. Australia

7056-402: 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

7168-476: 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

7280-475: The continent. In 1770, Captain James Cook sailed along and mapped the east coast, which he named " New South Wales " and claimed for Great Britain. Following the loss of its American colonies in 1783, the British Government sent a fleet of ships, the First Fleet , under the command of Captain Arthur Phillip , to establish a new penal colony in New South Wales . A camp was set up and the Union Flag raised at Sydney Cove , Port Jackson , on 26 January 1788,

7392-478: The convict system culminated in its abolition in the eastern colonies by the 1850s. Initially a free colony, Western Australia practised penal transportation from 1850 to 1868. The six colonies individually gained responsible government between 1855 and 1890, thus becoming elective democracies managing most of their own affairs while remaining part of the British Empire . The Colonial Office in London retained control of some matters, notably foreign affairs. In

7504-425: The country's economy. It ranks highly for quality of life, health, education, economic freedom, civil liberties and political rights. Australia is a middle power , and has the world's thirteenth-highest military expenditure . It is a member of international groups including the United Nations; the G20 ; the OECD ; the World Trade Organization ; Asia-Pacific Economic Cooperation ; the Pacific Islands Forum ;

7616-448: 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

7728-405: 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

7840-422: 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). Australia Australia , officially

7952-459: The early 2010s after the 2000s Australian drought . Although most of Australia is semi-arid or desert, the continent includes a diverse range of habitats from alpine heaths to tropical rainforests . Fungi typify that diversity—an estimated 250,000 species—of which only 5% have been described—occur in Australia. Because of the continent's great age, extremely variable weather patterns, and long-term geographic isolation, much of Australia's biota

8064-481: The eastern seaboard. Canberra is the nation's capital, while its most populous cities are Sydney and Melbourne , both with a population of more than 5 million. Australia's culture is diverse, and the country has one of the highest foreign-born populations in the world . It has a highly developed market economy and one of the highest per capita incomes globally . Its abundant natural resources and well-developed international trade relations are crucial to

8176-593: 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

8288-772: The first time when the High Court of Australia held in Mabo v Queensland (No 2) that Australia was neither terra nullius ( ' land belonging to no one ' ) or "desert and uncultivated land" at the time of European settlement. Following the abolition of the last vestiges of the White Australia policy in 1973, Australia's demography and culture transformed as a result of a large and ongoing wave of non-European immigration, mostly from Asia. The late 20th century also saw an increasing focus on foreign policy ties with other Pacific Rim nations. The Australia Acts severed

8400-399: 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

8512-412: The heart of the country are the uplands of central Australia . Prominent features of the centre and south include Uluru (also known as Ayers Rock), the famous sandstone monolith, and the inland Simpson , Tirari and Sturt Stony , Gibson , Great Sandy, Tanami , and Great Victoria deserts, with the famous Nullarbor Plain on the southern coast. The Western Australian mulga shrublands lie between

8624-479: The interior deserts and Mediterranean-climate Southwest Australia . Lying on the Indo-Australian Plate , the mainland of Australia is the lowest and most primordial landmass on Earth with a relatively stable geological history. The landmass includes virtually all known rock types and from all geological time periods spanning more than 3.8 billion years of the Earth's history. The Pilbara Craton

8736-417: The island of New Guinea (considered geologically as part of the Australian continent), and in the Australian external territory of Heard Island and McDonald Islands . Seismic activity in the Australian mainland and Tasmania is also low, with the greatest number of fatalities having occurred in the 1989 Newcastle earthquake . The climate of Australia is significantly influenced by ocean currents, including

8848-620: The land and the environment, with stories of The Dreaming maintained through oral tradition , songs , dance and paintings. Certain groups engaged in fire-stick farming , fish farming , and built semi-permanent shelters . These practices have variously been characterised as " hunter-gatherer ", " agricultural ", "natural cultivation" and "intensification". Torres Strait Islander people first settled their islands at least 2,500 years ago. Culturally and linguistically distinct from mainland Aboriginal peoples, they were seafarers and obtained their livelihood from seasonal horticulture and

8960-536: 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

9072-447: The least fertile soils. It is a megadiverse country , and its size gives it a wide variety of landscapes and climates including deserts in the interior and tropical rainforests along the coast . The ancestors of Aboriginal Australians began arriving from south-east Asia 50,000 to 65,000 years ago, during the last glacial period . By the time of British settlement, Aboriginal Australians spoke 250 distinct languages and had

9184-494: The location for the future federal capital of Canberra . While it was being constructed, Melbourne served as the temporary capital from 1901 to 1927. The Northern Territory was transferred from the control of South Australia to the Commonwealth in 1911. Australia became the colonial ruler of the Territory of Papua (which had initially been annexed by Queensland in 1883) in 1902 and of the Territory of New Guinea (formerly German New Guinea ) in 1920. The two were unified as

9296-448: The mainland. Australia is also one of 17 megadiverse countries. Australian forests are mostly made up of evergreen species, particularly eucalyptus trees in the less arid regions; wattles replace them as the dominant species in drier regions and deserts. Among well-known Australian animals are the monotremes (the platypus and echidna ); a host of marsupials , including the kangaroo , koala , and wombat , and birds such as

9408-474: The mid-19th century, explorers such as Burke and Wills charted Australia's interior. A series of gold rushes beginning in the early 1850s led to an influx of new migrants from China , North America and continental Europe, as well as outbreaks of bushranging and civil unrest; the latter peaked in 1854 when Ballarat miners launched the Eureka Rebellion against gold license fees. The 1860s saw

9520-404: 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

9632-545: 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

9744-602: The next two decades, social and economic reforms, together with the establishment of a Legislative Council and Supreme Court , saw the penal colony transition to a civil society. The indigenous population declined for 150 years following European settlement, mainly due to infectious disease. British colonial authorities did not sign any treaties with Aboriginal groups . As settlement expanded, tens of thousands of Indigenous people and thousands of settlers were killed in frontier conflicts while settlers dispossessed surviving Indigenous peoples of most of their land. In 1803,

9856-498: The oldest living culture in the world. Australia's written history commenced with Dutch exploration of most of the coastline in the 17th-century. British colonisation began in 1788 with the establishment of the penal colony of New South Wales . By the mid-19th century, most of the continent had been explored by European settlers and five additional self-governing British colonies were established, each gaining responsible government by 1890. The colonies federated in 1901, forming

9968-516: 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

10080-428: The political systems of the United Kingdom (a fused executive , constitutional monarchy and strong party discipline ) and the United States ( federalism , a written constitution and strong bicameralism with an elected upper house), resulting in a distinct hybrid. Federal government power is partially separated between three groups: Charles III reigns as King of Australia and is represented in Australia by

10192-604: 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

10304-443: 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

10416-594: The protection of threatened species. Numerous protected areas have been created under the National Strategy for the Conservation of Australia's Biological Diversity to protect and preserve unique ecosystems; 65 wetlands are listed under the Ramsar Convention , and 16 natural World Heritage Sites have been established. Australia was ranked 21st out of 178 countries in the world on

10528-480: The rate of 6 to 7 centimetres a year. The Australian mainland's continental crust , excluding the thinned margins, has an average thickness of 38   km, with a range in thickness from 24 km to 59 km. Australia's geology can be divided into several main sections, showcasing that the continent grew from west to east: the Archaean cratonic shields found mostly in the west, Proterozoic fold belts in

10640-545: The remaining constitutional ties between Australia and the United Kingdom while maintaining the monarch in her independent capacity as Queen of Australia . In a 1999 constitutional referendum , 55% of voters rejected abolishing the monarchy and becoming a republic. Following the September 11 attacks on the United States, Australia joined the United States in fighting the Afghanistan War from 2001 to 2021 and

10752-461: 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

10864-419: The resources of their reefs and seas. Agriculture also developed on some islands and villages appeared by the 1300s. By the mid-18th century in northern Australia, contact, trade and cross-cultural engagement had been established between local Aboriginal groups and Makassan trepangers , visiting from present-day Indonesia. The Dutch are the first Europeans that recorded sighting and making landfall on

10976-491: The rise of blackbirding , where South Sea Islanders were coerced or abducted into indentured labour, mainly by Queensland colonists. From 1886, Australian colonial governments began removing many Aboriginal children from their families and communities, justified on the grounds of child protection and forced assimilation policies. The Second Boer War (1899–1902) marked the largest overseas deployment of Australia's colonial forces . On 1 January 1901, federation of

11088-491: 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

11200-741: The spread of the SARS-CoV-2 virus . Surrounded by the Indian and Pacific oceans, Australia is separated from Asia by the Arafura and Timor seas, with the Coral Sea lying off the Queensland coast, and the Tasman Sea lying between Australia and New Zealand. The world's smallest continent and sixth-largest country by total area , Australia—owing to its size and isolation—is often dubbed

11312-430: 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

11424-682: 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

11536-406: The thylacine. Many of Australia's ecoregions, and the species within those regions, are threatened by human activities and introduced animal, chromistan , fungal and plant species. All these factors have led to Australia's having the highest mammal extinction rate of any country in the world. The federal Environment Protection and Biodiversity Conservation Act 1999 is the legal framework for

11648-615: Was Australia's warmest recorded year, and the 2019–2020 bushfire season was the country's worst on record . Australia's greenhouse gas emissions per capita are among the highest in the world. Water restrictions are frequently in place in many regions and cities of Australia in response to chronic shortages due to urban population increases and localised drought. Throughout much of the continent, major flooding regularly follows extended periods of drought, flushing out inland river systems, overflowing dams and inundating large inland flood plains, as occurred throughout Eastern Australia in

11760-413: Was established in 1829, evolving into the largest Australian colony by area, Western Australia . In accordance with population growth, separate colonies were carved from New South Wales: Tasmania in 1825, South Australia in 1836, New Zealand in 1841, Victoria in 1851, and Queensland in 1859. South Australia was founded as a free colony—it never accepted transported convicts. Growing opposition to

11872-531: Was one of the founding members of the League of Nations in 1920, and the United Nations in 1945. The Statute of Westminster 1931 formally ended the ability of the UK to pass federal laws without Australia's consent. Australia adopted it in 1942, but it was backdated to 1939 to confirm the validity of legislation passed during World War II. The Australian Capital Territory was formed in 1911 as

11984-470: Was popularised by the explorer Matthew Flinders , who said it was "more agreeable to the ear, and an assimilation to the names of the other great portions of the Earth". The first time that Australia appears to have been officially used was in April 1817, when Governor Lachlan Macquarie acknowledged the receipt of Flinders' charts of Australia from Lord Bathurst . In December 1817, Macquarie recommended to

12096-498: 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

12208-529: 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

12320-487: 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

12432-475: 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

12544-399: 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

#302697