Section 106 of Chapter V provided for the continuation of the constitutions of the various states, subject to the provisions of the federal constitution. Vacancy on happening of disqualification, 46.......... Penalty for sitting when disqualified. Bob's views on tolls, toll roads and the Australian Constitution I discovered there is part of the Australian Constitution that makes the current charging of Tolls by the States illegal. The Commonwealth shall protect every State against invasion and, on the application of the Executive Government of the State, against domestic violence. The provisions of this Constitution relating to the Governor of a State extend and apply to the Governor for the time being of the State, or other chief executive officer or administrator of the government of the State. dl { The Constitution was adopted as a schedule to the Commonwealth of Australia Constitution Act, 63 & 64 Vict Chapter 12 of the year 1900. For the purposes of this section the term of service of a senator shall be taken to begin on the first day of January July following the day of his election, except in the cases of the first election and of the election next after any dissolution of the Senate, when it shall be taken to begin on the first day of January July preceding the day of his election. But if the Houses of Parliament of the State are not in session at the time when the vacancy is notified, the Governor of the State, with the advice of the Executive Council thereof, may appoint a person to hold the place until the expiration of fourteen days after the beginning of the next session of the Parliament of the State, or until the election of a successor, whichever first happens. li.chapter li.with-an-a:before { Until the imposition of uniform duties of customs: (i)  the Commonwealth shall credit to each State the revenues collected therein by the Commonwealth; (ii)  the Commonwealth shall debit to each State: (a)  the expenditure therein of the Commonwealth incurred solely for the maintenance or continuance, as at the time of transfer, of any department transferred from the State to the Commonwealth; (b)  the proportion of the State, according to the number of its people, in the other expenditure of the Commonwealth; (iii)  the Commonwealth shall pay to each State month by month the balance (if any) in favour of the State. Appointment of civil servants. content: "(" counter(item, lower-roman) "A) "; The costs, charges, and expenses incident to the collection, management, and receipt of the Consolidated Revenue Fund shall form the first charge thereon; and the revenue of the Commonwealth shall in the first instance be applied to the payment of the expenditure of the Commonwealth. The first three limbs prohibit the Commonwealth from making certain laws: laws \"for establishing any religion\"; laws \"for imposing any religious observance\"; and laws \"for prohibiting the free exercise of any religion\". The trial on indictment of any offence against any law of the Commonwealth shall be by jury, and every such trial shall be held in the State where the offence was committed, and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes. Before or during any absence of the Speaker, the House of Representatives may choose a member to perform his duties in his absence. When any department of the public service of a State becomes transferred to the Commonwealth, all officers of the department shall become subject to the control of the Executive Government of the Commonwealth. The Australian Constitution expressly guarantees the continuing existence of the States and preserves each of their constitutions. Until the Parliament otherwise provides, but subject to this Constitution, the laws in force in each State, for the time being, relating to elections for the more numerous House of the Parliament of the State shall, as nearly as practicable, apply to elections of senators for the State. counter-increment: item; Member of one House ineligible for other. The number of members chosen in the several States shall be in proportion to the respective numbers of their people, and shall, until the Parliament otherwise provides, be determined, whenever necessary, in the following manner: (i)  a quota shall be ascertained by dividing the number of the people of the Commonwealth, as shown by the latest statistics of the Commonwealth, by twice the number of the senators; (ii)  the number of members to be chosen in each State shall be determined by dividing the number of the people of the State, as shown by the latest statistics of the Commonwealth, by the quota; and if on such division there is a remainder greater than one‑half of the quota, one more member shall be chosen in the State. padding: 0; The Australia Acts comprise the (UK) Australia Act 1986 and the (Cth) Austra- lia Act 1986. (b)  if the senator elected by the people of the State had a term of service expiring on the thirtieth day of June, One thousand nine hundred and eighty‑one—until the expiration or dissolution of the second House of Representatives to expire or be dissolved after that law came into operation or, if there is an earlier dissolution of the Senate, until that dissolution. Find out about section 106 of the Commonwealth Constitution and why it is so important. Constitution Alteration (Senate Elections) 1906, Constitution Alteration (State Debts) 1909, Constitution Alteration (State Debts) 1928, Constitution Alteration (Social Services) 1946, Constitution Alteration (Aboriginals) 1967, Constitution Alteration (Senate Casual Vacancies) 1977, Constitution Alteration (Retirement of Judges) 1977, Constitution Alteration (Referendums) 1977, ad. Service and Execution of Process Act 1901 (No. 11, 1901), s. 2 (subsequently repealed by Service and Execution of Process Act 1963, s. 3). The Governor‑General may appoint such times for holding the sessions of the Parliament as he thinks fit, and may also from time to time, by Proclamation or otherwise, prorogue the Parliament, and may in like manner dissolve the House of Representatives. There shall be payable to the Queen, out of the Consolidated Revenue Fund of the Commonwealth, for the salaries of the Ministers of State, an annual sum which, until the Parliament otherwise provides, shall not exceed twelve thousand pounds a year. A Governor‑General appointed by the Queen shall be Her Majesty’s representative in the Commonwealth, and shall have and may exercise in the Commonwealth during the Queen’s pleasure, but subject to this Constitution, such powers and functions of the Queen as Her Majesty may be pleased to assign to him. Section 106, State Constitutions are subordinate to the Commonwealth of Australia Constitution Act 1901. A new State may be formed by separation of territory from a State, but only with the consent of the Parliament thereof, and a new State may be formed by the union of two or more States or parts of States, but only with the consent of the Parliaments of the States affected. 98  Trade and commerce includes navigation and State railways. ol.bracketed-list.lower-alpha li:before, (4)  Any such agreement may be varied or rescinded by the parties thereto. After any general election the Parliament shall be summoned to meet not later than thirty days after the day appointed for the return of the writs. The Governor‑General may return to the house in which it originated any proposed law so presented to him, and may transmit therewith any amendments which he may recommend, and the Houses may deal with the recommendation. Under Section 80 of the Australian Constitution, there must be a jury trial for indictable Commonwealth offences under the criminal law. Every House of Representatives shall continue for three years from the first meeting of the House, and no longer, but may be sooner dissolved by the Governor‑General. The Constitution of Australia is the law that set up the Australian Commonwealth Government and says how it works. A senator may, by writing addressed to the President, or to the Governor‑General if there is no President or if the President is absent from the Commonwealth, resign his place, which thereupon shall become vacant. 102  Parliament may forbid preferences by State. If at any time during the five years the duty on any goods under this section is higher than the duty imposed by the Commonwealth on the importation of the like goods, then such higher duty shall be collected on the goods when imported into Western Australia from beyond the limits of the Commonwealth. Original States shall mean such States as are parts of the Commonwealth at its establishment. = repealed and substituted. = amended     rep. = repealed     rs. ................................................ 96.......... Financial assistance to States. (3)  The Parliament may make laws for the carrying out by the parties thereto of any such agreement. Administered by: Prime Minister and Cabinet; Attorney-General's, This compilation was prepared on 4 September 2013, [Note: This compilation contains all amendments to the Constitution made by the Constitution Alterations specified in Note 1. Such territory shall contain an area of not less than one hundred square miles, and such portion thereof as shall consist of Crown lands shall be granted to the Commonwealth without any payment therefor. The House of Representatives shall, before proceeding to the despatch of any other business, choose a member to be the Speaker of the House, and as often as the office of Speaker becomes vacant the House shall again choose a member to be the Speaker. Chapter IV—Finance and Trade. It is made up of several documents.The most important is the Constitution of the Commonwealth of Australia.The people of Australia voted in referendums from 1898–1900 to accept the Constitution. Whenever a vacancy happens in the Senate, the President, or if there is no President or if the President is absent from the Commonwealth the Governor‑General, shall notify the same to the Governor of the State in the representation of which the vacancy has happened. .............................................. ......................................................... .................................................................. ............................................................................................. 40.......... Voting in House of Representatives. Section 107 Commonwealth Constitution. Custody of offenders against laws of the Commonwealth, 121........ New States may be admitted or established, 123........ Alteration of limits of States, 126........ Power to Her Majesty to authorise Governor‑General to appoint deputies [, 128........ Mode of altering the Constitution [. Section 128 of the Constitution sets out the process of referendum, which is the only way to change the actual wording of the Constitution. Nothing in the provisions added to this section by the Constitution Alteration (Retirement of Judges) 1977 affects the continuance of a person in office as a Justice of a court under an appointment made before the commencement of those provisions. ol.bracketed-list li:before { 72  Judges’ appointment, tenure, and remuneration. Chapter V “The States”, Section 115 "a State shall not coin money nor make anything but gold and silver legal tender in … The Parliament of the Commonwealth may, with the consent of the Parliament of a State, and the approval of the majority of the electors of the State voting upon the question, increase, diminish, or otherwise alter the limits of the State, upon such terms and conditions as may be agreed on, and may, with the like consent, make provision respecting the effect and operation of any increase or diminution or alteration of territory in relation to any State affected. Alteration Of The Constitution. The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government. Section 106 subjects State Constitutions to the Constitution; s.108 similarly subjects State laws to it. The appointment of a Justice of the High Court shall be for a term expiring upon his attaining the age of seventy years, and a person shall not be appointed as a Justice of the High Court if he has attained that age. The consolidated legislative framework for the State Constitution, powers and procedures of … font-size: 90%; content: counter(constitution-number) "A. There shall be payable to the Queen out of the Consolidated Revenue fund of the Commonwealth, for the salary of the Governor‑General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. ul.constitution-contents { As soon as may be after the Senate first meets, and after each first meeting of the Senate following a dissolution thereof, the Senate shall divide the senators chosen for each State into two classes, as nearly equal in number as practicable; and the places of the senators of the first class shall become vacant at the expiration of the third year three years, and the places of those of the second class at the expiration of the sixth year six years, from the beginning of their term of service; and afterwards the places of senators shall become vacant at the expiration of six years from the beginning of their term of service. li.chapter ol > li { The President shall in all cases be entitled to a vote; and when the votes are equal the question shall pass in the negative. Sessions of Parliament. The very basis of it all lies with the Commonwealth of Australia Constitution Act 1900 (UK). Salary of Governor … The Governor‑General in Council may cause writs to be issued for general elections of members of the House of Representatives. The Australian Constitution expressly guarantees the continuing existence of the States and preserves each of their constitutions. The Commonwealth shall not, by any law or regulation of trade or commerce, abridge the right of a State or of the residents therein to the reasonable use of the waters of rivers for conservation or irrigation. The qualification of electors of senators shall be in each State that which is prescribed by this Constitution, or by the Parliament, as the qualification for electors of members of the House of Representatives; but in the choosing of senators each elector shall vote only once. Every State shall make provision for the detention in its prisons of persons accused or convicted of offences against the laws of the Commonwealth, and for the punishment of persons convicted of such offences, and the Parliament of the Commonwealth may make laws to give effect to this provision. The Parliament shall, subject to this Constitution, have exclusive power to make laws for the peace, order, and good government of the Commonwealth with respect to: (i)  the seat of government of the Commonwealth, and all places acquired by the Commonwealth for public purposes; (ii)  matters relating to any department of the public service the control of which is by this Constitution transferred to the Executive Government of the Commonwealth; (iii)  other matters declared by this Constitution to be within the exclusive power of the Parliament. But until the expiration of one month after the first meeting of the Parliament the Governor‑General in Council may draw from the Treasury and expend such moneys as may be necessary for the maintenance of any department transferred to the Commonwealth and for the holding of the first elections for the Parliament. The States shall mean such of the colonies of New South Wales, New Zealand, Queensland, Tasmania, Victoria, Western Australia, and South Australia, including the northern territory of South Australia, as for the time being are parts of the Commonwealth, and such colonies or territories as may be admitted into or established by the Commonwealth as States; and each of such parts of the Commonwealth shall be called a State. It shall be lawful for the Queen, with the advice of the Privy Council, to declare by proclamation that, on and after a day therein appointed, not being later than one year after the passing of this Act, the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, and also, if Her Majesty is satisfied that the people of Western Australia have agreed thereto, of Western Australia, shall be united in a Federal Commonwealth under the name of the Commonwealth of Australia. overflow: hidden; The Governor of any State may cause writs to be issued for elections of senators for the State. The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. The name of any senator so chosen or appointed shall be certified by the Governor of the State to the Governor‑General. 2, 3, 4, 5 and 6 and the Schedule repealed by No. li.chapter ol { ), Notes to the Commonwealth of Australia Constitution Act. If the place of a senator chosen by the people of a State at the election of senators last held before the commencement of the Constitution Alteration (Senate Casual Vacancies) 1977 became vacant before that commencement and, at that commencement, no person chosen by the House or Houses of Parliament of the State, or appointed by the Governor of the State, in consequence of that vacancy, or in consequence of that vacancy and a subsequent vacancy or vacancies, held office, this section applies as if the place of the senator chosen by the people of the State had become vacant after that commencement. An Act to constitute the Commonwealth of Australia. 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 the Inter‑State Commission. Provisions referring to Governor, 111........ States may surrender territory, 112........ States may levy charges for inspection laws, 114........ States may not raise forces. Covering Clause 5—see also the Statute of Westminster Adoption Act 1942 . Such pension or retiring allowance shall be paid to him by the Commonwealth; but the State shall pay to the Commonwealth a part thereof, to be calculated on the proportion which his term of service with the State bears to his whole term of service, and for the purpose of the calculation his salary shall be taken to be that paid to him by the State at the time of the transfer. 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. However, the States are bound by the Australian Constitution, and the constitutions of the States must be read subject to the Australian Constitution (sections 106 … = added or inserted     am. This Constitution shall not be altered except in the following manner: The proposed law for the alteration thereof must be passed by an absolute majority of each House of the Parliament, and not less than two nor more than six months after its passage through both Houses the proposed law shall be submitted in each State and Territory to the electors qualified to vote for the election of members of the House of Representatives. 60  Signification of Queen’s pleasure on Bills reserved. 120  Custody of offenders against laws of the Commonwealth. The current Constitution of Tasmania is a hybrid mix of written (Federal and State legislation) and unwritten (common law and convention) sources. ol.bracketed-list li.with-an-a:before { Prorogation and dissolution, 9 Method of election of senators [see Note 6], 14 Further provision for rotation [see Note 7], 24 Constitution of House of Representatives, 25 Provision as to races disqualified from voting, 43 Member of one House ineligible for other, 45 Vacancy on happening of disqualification, 51 Legislative powers of the Parliament [see Notes 10 and 11], 53 Powers of the Houses in respect of legislation, 60 Signification of Queen’s pleasure on Bills reserved, 63 Provisions referring to Governor-General, 70 Certain powers of Governors to vest in Governor-General, 72 Judges’ appointment, tenure, and remuneration, 74 Appeal to Queen in Council [see Note 12], 78 Proceedings against Commonwealth or State, 86 [Customs, excise, and bounties] [see Note 13], 87 [Revenue from customs and excise duties] [see Note 13], 89 Payment to States before uniform duties, 90 Exclusive power over customs, excise, and bounties, 92 Trade within the Commonwealth to be free, 93 Payment to States for five years after uniform tariffs, 98 Trade and commerce includes navigation and State railways, 102 Parliament may forbid preferences by State, 103 Commissioners’ appointment, tenure, and remuneration, 105A Agreements with respect to State debts, 112 States may levy charges for inspection laws, 114 States may not raise forces. The Parliament may make laws limiting the matters in which such leave may be asked, but proposed laws containing any such limitation shall be reserved by the Governor‑General for Her Majesty’s pleasure. Section 109 of the Constitution of Australia deals with the legislative inconsistency between federal and state laws and declares that valid federal laws override ("shall prevail") inconsistent State laws, to the extent of the inconsistency. However, the States are bound by the Australian Constitution, and the constitutions of the States must be read subject to the Australian Constitution (sections 106 … "; 53  Powers of the Houses in respect of legislation. 43  Member of one House ineligible for other. 2  Act to extend to the Queen’s successors. After uniform duties of customs have been imposed, a State may levy on imports or exports, or on goods passing into or out of the State, such charges as may be necessary for executing the inspection laws of the State; but the net produce of all charges so levied shall be for the use of the Commonwealth; and any such inspection laws may be annulled by the Parliament of the Commonwealth. Each House of the Parliament may make rules and orders with respect to: (i)  the mode in which its powers, privileges, and immunities may be exercised and upheld; (ii)  the order and conduct of its business and proceedings either separately or jointly with the other House. Until the Parliament otherwise provides, the presence of at least one‑third of the whole number of the members of the House of Representatives shall be necessary to constitute a meeting of the House for the exercise of its powers. On a date or dates to be proclaimed by the Governor‑General after the establishment of the Commonwealth the following departments of the public service in each State shall become transferred to the Commonwealth: lighthouses, lightships, beacons, and buoys; But the departments of customs and of excise in each State shall become transferred to the Commonwealth on its establishment. If the place of a senator becomes vacant before the expiration of his term of service, the House of Parliament of the State for which he was chosen shall, sitting and voting together, choose a person to hold the place until the expiration of the term, or until the election of a successor as hereinafter provided, whichever first happens. The Commonwealth shall mean the Commonwealth of Australia as established under this Act. Any officer who is, at the establishment of the Commonwealth, in the public service of a State, and who is, by consent of the Governor of the State with the advice of the Executive Council thereof, transferred to the public service of the Commonwealth, shall have the same rights as if he had been an officer of a department transferred to the Commonwealth and were retained in the service of the Commonwealth. 70  Certain powers of Governors to vest in Governor‑General. The provisions of this Constitution relating to the Governor‑General extend and apply to the Governor‑General for the time being, or such person as the Queen may appoint to administer the Government of the Commonwealth; but no such person shall be entitled to receive any salary from the Commonwealth in respect of any other office during his administration of the Government of the Commonwealth. All fermented, distilled, or other intoxicating liquids passing into any State or remaining therein for use, consumption, sale, or storage, shall be subject to the laws of the State as if such liquids had been produced in the State. Saving of Constitutions. Questions arising in the Senate shall be determined by a majority of votes, and each senator shall have one vote. ol.bracketed-list.lower-roman li:before { Until the Parliament of the Commonwealth otherwise provides, the Parliament of any State may make laws for determining the divisions in each State for which members of the House of Representatives may be chosen, and the number of members to be chosen for each division. With respect to any of the matters mentioned in the last two sections the Parliament may make laws: (i)  defining the jurisdiction of any federal court other than the High Court; (ii)  defining the extent to which the jurisdiction of any federal court shall be exclusive of that which belongs to or is invested in the courts of the States; (iii)  investing any court of a State with federal jurisdiction. The Parliament of the Commonwealth may make laws prescribing the method of choosing senators, but so that the method shall be uniform for all the States. laws 107 summary notes on australian constitution 51 section 51 details, subject to the constitution, the legislative powers of the parliament to make laws for width: 1.5em; 14  Further provision for rotation [see Note 7]. Prorogation and dissolution. A member of either House of the Parliament shall be incapable of being chosen or of sitting as a member of the other House. The Constitution was adopted as a schedule to the Commonwealth of Australia Constitution Act, 63 & 64 Vict Chapter 12 of the year 1900. counter-increment: item; Until the Parliament otherwise provides there shall be six senators for each Original State. They shall be members of the Federal Executive Council, and shall be the Queen’s Ministers of State for the Commonwealth. 93  Payment to States for five years after uniform tariffs. Be determined by a majority of votes, and shall be determined by majority... One vote State against invasion and, on the application of the State 11! Representation in the Senate office during the pleasure of the Commonwealth the House Representatives... A Bill of rights and military forces of the States accepted the Commonwealth at its establishment members of the protected! Duties in his absence Parliament House has limited public access Schedule repealed by service Execution! 13 ] the borrowing of money by the representation Act 1983, s. 3 been for. 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