Misplaced Pages

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65-700: The Constitution of Australia contains the following provisions relating to the envisaged body: 101. There shall be an Inter-State Commission, with such powers of adjudication and administration as the Parliament deems necessary for the execution and maintenance, within the Commonwealth, of the provisions of this Constitution relating to trade and commerce, and of all laws made thereunder. 102. The Parliament may by any law with respect to trade or commerce forbid, as to railways, any preference or discrimination by any State, or by any authority constituted under

130-405: A State, if such preference or discrimination is undue and unreasonable, or unjust to any State; due regard being had to the financial responsibilities incurred by any State in connexion with the construction and maintenance of its railways. But no preference or discrimination shall, within the meaning of this section, be taken to be undue and unreasonable, or unjust to any State, unless so adjudged by

195-518: 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

260-421: A number of landmarks: it was Australia's first elected federal majority government ; Australia's first elected Senate majority; the world's first labour party majority government at a national level; after the 1904 Chris Watson minority and Fisher's former minority government the world's third labour party government at a national level; the first time it controlled both houses of a bicameral legislature; and

325-632: A result, the s. 73 provision providing for appeals on questions of law from the Commission to the High Court has been 'dead letter law' for most of the Court's history. Having lost its judicial power in 1915, the Commission "became a body of inquiry without any power of enforcing its decisions." The Commission, without any real purpose, lapsed in 1920 when the terms of the initial Commissioners expired and new appointments were not made. Although there

390-503: 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 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

455-610: 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 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

520-601: 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 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

585-479: Is permitted to legislate upon (known as the heads of power ). States may also legislate upon these topics, but Commonwealth law prevails in 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

650-427: Is required to have twice as many members as the senate. Chapter I also defines 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

715-571: 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 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

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780-528: The Wheat Case that the Constitution implicitly created a separation of powers , and therefore judicial power can only be vested in the judiciary . Furthermore, it was held that Chapter Three of the Constitution had the effect that a court must have the following features: The Commission as it then existed violated all three criteria. Hence, as it was not part of the judiciary (ie, not a " Chapter Three Court "), it could not be vested with judicial power. As

845-537: 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 the three constituent parts of the federal level of government: the Parliament ,

910-647: 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 was then approved by each state in a series of referendums from 1898 to 1900. The agreed constitution

975-908: The Second Parliament of Australia , owing to the House seats split almost evenly between the Protectionist Party , the Free Trade Party and the new Labour Party . The next effort to consider the proposal occurred in the Third Parliament of Australia in 1909, when Senator Sir Robert Best introduced the corresponding bill. It failed to proceed, notably because it was also intended to be an industrial tribunal with power to decide whether certain State industrial awards constituted unfair business competition between

1040-582: The monarch , the Senate , and the House of Representatives . It provides for the number of representatives to attend each body, and provides that 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

1105-550: 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 a permanent secretariat, an executive, or independent source of revenue. Perhaps most problematically New South Wales , the largest colony, did not join

1170-441: 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 a proposed amendment to establish an Indigenous Voice to Parliament was rejected. Political movements to federate the Australian colonies grew to prominence in

1235-566: 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

1300-670: 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, 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

1365-399: 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 the 1891 draft, but with added provisions for responsible government . Some delegates to the 1898 constitutional convention favoured a section similar to

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1430-760: The British Empire entered World War II. The Statute did not however remove the ability for 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

1495-535: The British Imperial Parliament to legislate with effect in Australian federal law 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

1560-759: The British Parliament and legal system. In 1988, the original copy of 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

1625-656: 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 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

1690-465: The Commission, fiscal pressures brought on by the Braddon Clause discouraged efforts to assure its passage before 1911, as its establishment was viewed to be a luxury. Lobbying efforts by the Australian shipping industry, incensed that the Commission's scope would include ocean navigation , also contributed to the delay. As a result, the initial Bill lapsed in 1902. No attempts were made during

1755-441: 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 the states and their role in the federal system. Sections 106–108 preserve

1820-422: The Commonwealth to ensure it would be an "original state" alongside 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

1885-542: 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 the consent of a state before alteration by referendum. Chapter VII: Miscellaneous contains provisions on varied topics. Section 125 establishes Melbourne as

1950-453: 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 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

2015-421: 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 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

Inter-State Commission - Misplaced Pages Continue

2080-568: The Inter-State Commission. 103. The members of the Inter-State Commission: 104. Nothing in this Constitution shall render unlawful any rate for the carriage of goods upon a railway, the property of a State, if the rate is deemed by the Inter-State Commission to be necessary for the development of the territory of the State, and if the rate applies equally to goods within the State and to goods passing into

2145-494: 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

2210-689: The State from other States. Section 73 provides that appeals on questions of law can be made on decisions of the Inter-State Commission to the High Court At the first Constitutional Convention in Sydney in 1891, considerable debate occurred over the issue of freedom in interstate trade, especially over the abuses arising from differential and preferential railway rates being put into effect in New South Wales and Victoria . One delegate remarked that "'Nothing has caused more friction than

2275-547: The States, but the States declined to pass the necessary legislation under the referral power to make the Commission work. The commission's establishment occurred during the Fourth Parliament of Australia , at which time State practices concerning interstate rivalry and discrimination were becoming quite blatant. Prime Minister Andrew Fisher pushed through the appropriate implementing legislation in 1912. In 1913,

2340-500: 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 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

2405-552: The agenda included Victorian shipping to the Riverina ; Bass Strait ferries; and disruptions to Fremantle shipping to the eastern states in 1975. In this second incarnation, the Commission did not have any judicial power, but did have powers of arbitration and adjudication, and of investigation and reporting. The Commission did not become active due to the dismissal of the Whitlam Government . In 1984, following

2470-508: 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 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

2535-411: 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 the 1891 conference the federalist cause gained momentum. Discussion turned to what the proper system of federal government ought to be. A draft constitution

2600-608: 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 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

2665-502: 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 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

Inter-State Commission - Misplaced Pages Continue

2730-517: 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 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

2795-424: The current constitution. Former prime minister Bob Hawke advocated for getting "rid of 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

2860-659: 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). 1910 Australian federal election Alfred Deakin Liberal Andrew Fisher Labour The 1910 Australian federal election

2925-586: The first time that a prime minister, in this case Deakin, was defeated at an election. It also remains the only election in Australia's federal history to have occurred following expiration of a full three-year parliamentary term by the "effluxion of time". This was the first time the Labor Party won a federal election. Two referendums to approve proposed amendments to the Constitution were held on

2990-590: 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 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

3055-466: 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 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

3120-491: 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 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

3185-620: 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 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

3250-594: The newly elected Cook government appointed Albert Piddington as Chief Commissioner, joining George Swinburne and Sir Nicholas Lockyer . In addition to wide powers of investigation, the Inter-State Commission Act 1912 granted the Commission judicial power which was broad in scope: 24 . The Commission shall have jurisdiction to hear and determine any complaint, dispute, or question, and to adjudicate upon any matter arising as to— The High Court of Australia disagreed in 1915, ruling by 4–2 in

3315-479: The parliament to run to its maximum permissible length under section 28 of the constitution (three years). Its final meeting ended on 8 December 1909, and it was then prorogued until 19 February 1910 at which point it expired by "effluxion of time". This remains the only occasion to date where the House has been allowed to expire, rather than being dissolved earlier by the Governor-General. The writs for

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3380-411: 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 a state government and the reverse. Section 116 forbids

3445-519: The practice of imposing differential railway rates and so filching trade from a neighbouring colony ... in fact I know of no other cause of strong feeling between the people of these different communities than that which has arisen from commerce." The later 1897 convention also saw concerns expressed over the effect such predatory rates were having on the river trade, prompting Richard O'Connor to declare that interstate free trade would require institutional, as well as constitutional, protection. The proposal

3510-601: The re-election of Labor Party under Bob Hawke , the Commission received its appointments and was charged with investigating all matters relating to interstate transport. Its first President was the judge Merv Everett . In 1990, the Commission was abolished with its functions transferred to a new Industry Commission , a statutory body directly responsible to the Commonwealth Government. Constitution of Australia [REDACTED] [REDACTED] The Constitution of Australia (also known as

3575-406: The respective powers of the legislature, executive, and judiciary. This split into three chapters has been interpreted by 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

3640-531: The same day. The State Debts referendum was carried, but the Surplus Revenue referendum was not carried. Future Prime Minister James Scullin and future opposition leader Matthew Charlton both entered parliament at this election. Scullin lost his seat at the subsequent 1913 election and did not re-enter parliament until 1922 . After the 1906 election, the House of Representatives first met on 20 February 1907. Prime Minister Alfred Deakin allowed

3705-417: The view that the Constitution now derives its legal authority from 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

3770-405: 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 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

3835-475: Was discussion in the 1930s about reviving the Commission (and a bill on that matter actually received Senate passage in 1938), nothing came about, and the Act itself was formally repealed in 1950. The Commission was reconstituted by the Whitlam Government in 1975 with the envisaged role of inquiring into transport issues that arose due to the federal structure of the Australian government. Issues on

3900-523: Was done most recently following the Perth Agreement . The Constitution Act contains a preamble. It does not discuss Western Australia due to 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

3965-474: 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 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

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4030-407: Was given to the National Archives of Australia . A curiosity of 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

4095-549: Was held in Australia on 13 April 1910. All 75 seats in the House of Representatives , and 18 of the 36 seats in the Senate were up for election. The incumbent Liberal Party (formed by the fusion of the Protectionist Party and the Anti-Socialist Party in 1909) led by Prime Minister Alfred Deakin was defeated by the opposition Australian Labor Party (ALP) led by Andrew Fisher . The election represented

4160-620: Was strongly endorsed by the Convention, and it was later described by Sir John Quick as being a "necessary adjunct to the Constitution". It was seen as being similar in nature to the US Interstate Commerce Commission and the UK Railway and Canal Commission . While William Lyne , in his role as the first Minister for Home Affairs , had been working on a draft Bill as early as January 1901 to establish

4225-490: 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 the new Commonwealth of Australia. The Constitution is the primary, but not exclusive, source of Australian constitutional law , alongside constitutional conventions , state constitutions ,

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