72-571: The Federal Circuit Court of Australia , formerly known as the Federal Magistrates Court of Australia or the Federal Magistrates Service , was an Australian court with jurisdiction over matters broadly relating to family law and child support , administrative law , admiralty law , bankruptcy , copyright , human rights , industrial law , migration , privacy and trade practices . The Court
144-829: 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 the six self-governing British colonies in Australia: New South Wales , Victoria , Queensland , Western Australia , South Australia and Tasmania . This final draft
216-407: 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
288-476: 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
360-737: 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
432-733: A specialist list in the Common Law Division known as the Commercial Court . The Supreme Court of Queensland has a similarly specialized docket known as the Commercial List. There is no single definition of the term 'superior court' (or 'superior court of record '). In many respects Australian superior courts are similar to the Senior Courts of England and Wales . In Australia, superior courts generally: Inferior courts are those beneath superior courts in
504-499: 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
576-573: A supreme court, which is a superior court of record and is the highest court within that state or territory. These courts also have appeal divisions, known by various names across the country, including the full court , court of appeal, and court of criminal appeal. Decisions of the High Court are binding on all Australian courts, including state and territory supreme courts. State and territory courts can sometimes exercise federal jurisdiction (that is, decide federal matters). However, an attempt by
648-554: A variety of courts and tribunals at both the federal and State and Territory levels, with the High Court being the highest court in the Australian judicial system. A single body of Australian common law is applied in the various Australian courts, and ultimately determined by the High Court now that appeals to the (British) Judicial Committee of the Privy Council have been abolished. The High Court has described
720-677: Is generally only granted in cases of public importance, matters involving the interpretation of the Commonwealth Constitution, or where the law has been inconsistently applied across the States and Territories. Therefore, in the vast majority of cases, the appellate divisions of the Supreme Courts of each State and Territory and the Federal Court are the final courts of appeal. Appeals from Australian courts to
792-503: Is split into two divisions: The Court operate under the leadership of one Chief Justice, supported by one Deputy Chief Judge who hold a dual commission to both Divisions of the Court. A second Deputy Chief Judge assists in the management of the general federal law and Fair Work jurisdictions of Division 2. Each state and territory has its own court hierarchy, with varying jurisdiction of each court. However, all states and territories have
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#1732776283546864-625: 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
936-638: 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,
1008-544: 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
1080-821: 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
1152-588: 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
1224-547: The Privy Council were initially possible, however the Privy Council (Limitation of Appeals) Act 1968 closed off all appeals to the Privy Council in matters involving federal legislation, and the Privy Council (Appeals from the High Court) Act 1975 closed almost all routes of appeal from the High Court. The Australia Act 1986 eliminated appeals from State Supreme Courts to the Privy Council. Appeals from
1296-526: 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
1368-399: 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
1440-481: 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
1512-628: The Act as the Federal Circuit Court of Australia Act 1999 . Its first judicial officers were appointed in 2000; it first applications were filed on 23 June 2000 and the Court's first sittings were conducted on 3 July 2000 in Adelaide , Brisbane , Canberra , Melbourne , Newcastle , Parramatta and Townsville . On 12 April 2013, in recognition of its increased jurisdiction and its role as an intermediate court servicing regional centres as well as capital cities throughout Australia, it
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#17327762835461584-507: 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
1656-441: 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
1728-573: 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
1800-529: The Court between 2014 and 2020, and Barbara Baker , now Governor of Tasmania , who served on the Court from 2008 to 2021. Australian court hierarchy [REDACTED] [REDACTED] The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia . The High Court of Australia sits at the apex of the Australian court hierarchy as
1872-621: The Family Court of Australia) deals with family law matters. Division 2 (a continuation of the Federal Circuit Court of Australia) deals with family law, migration and general federal law matters. Only three people have served as Chief Judge or Chief Federal Magistrate. All three have subsequently (or concurrently) held the office of Chief Justice of the Family Court of Australia. They are: Former judges include folk singer turned lawyer and judge, Judy Small , who served on
1944-765: The Federal Court. There is an appeal level of the Federal Court (the "Full Court" of the Federal Court), which consists of several judges, usually three but occasionally five in very significant cases. The Federal Circuit and Family Court of Australia is an inferior and intermediate court formed from the merger of the Family Court and the Federal Circuit Court with jurisdiction over matters broadly relating to family law and child support , administrative law , admiralty law , bankruptcy , copyright , human rights , industrial law , migration , privacy and trade practices . The Federal Circuit and Family Court
2016-1300: The Governor-General upon an address of both Houses of Parliament for proved misbehaviour. Judges in Australia are appointed by the Executive government of the relevant jurisdiction, and most judges have previously practised as a barrister . Federal judges may only serve until age 70. There is no constitutional limit on the length of service of state court judges, but state laws usually fix a retirement age. For example, in New South Wales, judges must retire at age 72, though they can remain as "acting judges" until age 76. Civil matters Court of Appeal ( NSW - NT ); Full Court ( SA - Tas ) Criminal matters Court of Criminal Appeal ( NSW - NT - SA - Tas ) No intermediate court (ACT - NI - NT - Tas) Local Court ( NSW - NT ); Court of Petty Sessions ( NI ) Minor claims division in Magistrates Court (SA - Tas - WA) Other tribunals ( ACT - NSW - NT - Qld - SA - Tas - Vic - WA ) The hierarchy consists of
2088-536: 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
2160-516: 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
2232-487: The High Court to the Privy Council are now only theoretically possible in inter se matters with leave of the High Court under section 74 of the Constitution; however, the High Court has indicated it will not grant such leave in the future. The Federal Court primarily hears matters relating to corporations, trade practices, industrial relations, bankruptcy, customs, immigration and other areas of federal law. The court has original jurisdiction in these areas, and also has
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2304-494: 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
2376-548: 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
2448-515: 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
2520-465: 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
2592-549: The appellate hierarchy, and are generally seen to include the magistrates' and district (or county) court of each State as well as the Federal Circuit and Family Court . Inferior courts are typically characterised by: These courts among them have jurisdiction over Commonwealth law, that is, law made by the Federal parliament of Australia. The High Court is the highest court in the Australian judicial hierarchy. It
2664-534: 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
2736-448: The concept of a superior court (and associated 'notions derived from the position of pre- Judicature common law courts') as having 'no ready application in Australia to federal courts.' Despite this, Australian courts are frequently characterised as either ' superior ' or 'inferior.' The Federal Court and the supreme courts of each State and Territory are generally considered to be superior courts. The Supreme Court of Victoria includes
2808-466: 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
2880-534: 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
2952-485: The court hierarchy and civil and administrative tribunals of the Australian states and territories follows here: 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
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3024-635: 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
3096-508: The doctrine of "accrued jurisdiction", the Federal Court can, however, rule on issues outside its explicit jurisdiction, provided that they are part of a larger controversy that the court does have jurisdiction over. The High Court has limited trial powers, but very rarely exercises them. It has ample power to transfer cases started there to another, more appropriate court, so that the High Court can conserve its energies for its appellate functions. Common law and equity are administered by
3168-406: 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
3240-597: 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
3312-641: The facts of a case, provided that the particular court has jurisdiction to hear the principal cause of action. Most of the states have two further levels of courts, which are comparable across the country. The district court (or County Court in Victoria ) handles most criminal trials for less serious indictable offences, and most civil matters below a threshold (usually around $ 1 million). The magistrates' court (or local court) handles summary matters and smaller civil matters. In jurisdictions without district or county courts, most of those matters are dealt with by
3384-785: The federal Parliament. These courts include the Federal Court of Australia and the Federal Circuit and Family Court of Australia . Federal jurisdiction can also be vested in State courts. The Supreme Courts of the States and Territories are superior courts of record with general and unlimited jurisdiction within their own State or Territory. Like the Supreme Courts of the States, the Federal Circuit and Family Court and Federal Court are superior courts of record, which means that they have certain inherent procedural and contempt powers. But unlike their State counterparts, their subject-matter jurisdiction must be conferred by statute. Under
3456-637: The federal courts. It is also intended to replace (in part) the federal jurisdiction with which state courts have been invested under the Judiciary Act 1903 . The Court was established on 23 December 1999 by the Australian Government as the Federal Magistrates Court of Australia , as a result of royal assent of the Federal Magistrates Act 1999 (Cth) . The Court was known as the Federal Circuit Court of Australia and
3528-784: The full Federal Court. As these territories have very small populations, the courts only sit from time to time as needed. The remaining external territories (including Antarctica) do not have permanent courts. In the event of a case arising from these territories, the courts of the ACT have jurisdiction. All the states and territories, with the exception of Tasmania, have a civil and administrative tribunal. These hear cases relating to lesser state or territory administrative disputes (involving some individual, business or government body). These commonly involve actions by persons bound to act pursuant to some form of devolved legislation ; such as environmental regulations or rental tenancy regulations. A table of
3600-400: 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
3672-537: 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
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#17327762835463744-407: 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
3816-598: 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
3888-517: 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
3960-410: The power to hear appeals from a number of tribunals and other bodies (and, in cases not involving family law, from the Federal Circuit and Family Court of Australia .) The court is a superior court of limited jurisdiction, but below the High Court of Australia in the hierarchy of federal courts, and was created by the Federal Court of Australia Act in 1976. Decisions of the High Court are binding on
4032-604: 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
4104-444: 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
4176-461: 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
4248-492: 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
4320-499: The same courts, in a manner similar to that of the Judicature Acts in the United Kingdom. Legal and equitable remedies may be pursued in the one action in the one court. Judges are appointed by the executive government, without intervention by the existing judiciary. Once appointed, judges have tenure and there are restrictions on their removal from office. For example, a federal judge may not be removed from office except by
4392-528: The states and the Commonwealth to pass legislation that would cross-vest state judicial powers in the federal courts was struck down by the High Court in Re Wakim; Ex parte McNally , as being unconstitutional. Notwithstanding this failure, however, both state and federal courts can exercise an "accrued jurisdiction," which enables them to hear all legal issues arising from a single set of facts. This enables all courts to deal with virtually all issues arising from
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#17327762835464464-430: 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
4536-495: The supreme courts. In Tasmania and the two mainland territories, however, there is only a magistrates' court below the Supreme Court. In three external territories ( Norfolk Island , Christmas Island , and Cocos (Keeling) Islands ) there is a supreme court and a magistrates' court or court of petty sessions. The supreme courts are staffed by judges of other courts, usually the Federal Court. Appeals from those courts lie to
4608-501: The ultimate court of appeal on matters of both federal and State law. The large number of courts in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost structures. Under the Australian Constitution , the judicial power of the Commonwealth is vested in the High Court of Australia and such other federal courts as may be created by
4680-494: Was created by section 71 of the Constitution . It has appellate jurisdiction over all other courts. It also has original jurisdiction in certain matters, including powers of judicial review. The High Court of Australia is paramount to all federal courts. Further, it has an constitutionally entrenched general power of appeal from the Supreme Courts of the States. Appeals to the High Court are by special leave only, which
4752-493: Was created to deal with the increasing workload of the Federal Court of Australia and the Family Court of Australia , by hearing less complex cases for them and freeing those Courts to deal only with more complex cases. The Federal Circuit Court dealt with approximately 95% of migration and bankruptcy applications filed in the federal courts. Approximately 90% of the Court's workload was in the area of family law. The Court also deals with nearly 80% of all family law matters filed in
4824-498: 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
4896-526: Was renamed the Federal Circuit Court of Australia and its judicial officers received the title "Judge" instead of "Federal Magistrate". In 2021, the Morrison government introduced legislation merging the Federal Circuit Court with the Family Court of Australia to form the Federal Circuit and Family Court of Australia , effective from 1 September 2021. The Federal Circuit and Family Court of Australia comprises two divisions: Division 1 (a continuation of
4968-530: 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
5040-488: 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
5112-410: 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
5184-399: 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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