« PreviousContinue »
XXXV. Conciliation and arbitration for the prevention and settle
ment of industrial disputes extending beyond the limits
of any one State: XXXVI. Matters in respect of which this Constitution makes pro
vision until the Parliament otherwise provides : XXXVII. Matters referred to the Parliament of the Commonwealth
by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards
adopt the law: XXXVIII. The exercise within the Commonwealth, at the request or
with the concurrence of the Parliaments of all the
Federal Council of Australasia :
this ('onstitution in the Parliament or in either House
Exclusive powers of the Parliament.
52. 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 to1. The seat of Government of the Commonwealth, and all
places acquired by the Commonwealth for public pur
poses: 11. 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: 111. Other matters declared by this Constitution to be within
the exclusive power of the Parliament.
Powers of the Houses in respect of legislation.
53. PROPOSED laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licenses, or fees for services under the proposed law.
The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.
The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.
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. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.
Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.
54. THE proposed law which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only Appropriation Bills. with such appropriation.
55. LAWS imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other Tax Bill.
, matter shall be of no effect.
Laws imposing taxation, except laws imposing duties of customs or of excise. shall deal with one subject of taxation only; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only.
56. A VOTE. resolution, or proposed law for the appropriation of revenue or moneys shall not be passed unless the purpose of the Recommendation of appropriation has in the same session been recommended by message of the Governor General to the House in which the proposal originated.
57. IF the House of Representatives passes any proposed law and the Senate rejects or fails to pass it, or passes it with amend- between the Houser. ments to which the House of Representatives will not agree, and if after an interval of three months the House of Representatives, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not igree, the Governor General may dissolve the Senate and the House of Representatives simultaneously. But such dissolution shall not take place within six months before the date of the expiry of the House of Representatives by effluxion of time.
If after such dissolution the House of Representatives again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the
Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor General may convene a joint sitting of the members of the Senate and of the House of Representatives.
The members present at the joint sitting may deliberate and shall vote together upon the proposed law as last proposed by the House of Representatives, and upon amendments, if any, which have been made therein by one House and not agreed to by the other, and any such amendments which are affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives shall be taken to have been carried, and if the proposed law, with the amendments, if any, so carried is affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives it shall be taken to have been duly passed by both Houses of the Parliament, and shall be presented to the Governor General for the Queen's assent.
Royal assent to
58. WHEN a proposed law passed by both Houses of the Parliament is presented to the Governor General for the Queen's assent, he shall declare, according to his discretion, but subject to this Constitution, that he assents in the Queen's name, or that he withholds assent, or that he reserves the law for the Queen's pleasure.
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.
59. THE Queen may disallow any law within one year from Disallowance by the the Governor General's assent, and such disallowance on being made Queen.
known by the Governor General, by speech or message to each of the Houses of the Parliament, or by proclamation, shall annul the law from the day when the disallowance is so made known.
60. A PROPOSED law reserved for the Queen's pleasure shall not have any force unless and until within two years from the day on which it was presented to the Governor General for the Queen's assent the Governor General makes known, by speech or message to each of the Houses of the Parliament, or by proclamation, that it has received the Queen's assent.
THE EXECUTIVE GOVERNMENT. 61. THE executive power of the Commonwealth is vested the Queen, and is exercisable by the Governor General as the Executive power. Queen's representative, and extends to the execution and maintenance of this constitution, and of the laws of the ('ommonwealth.
62. THERE shall be a Federal Executive Council to advise the Governor General in the government of the Commonwealth, and Council. the members of the Council shall be chosen and summoned by the Governor General and sworn as Executive Councillors, and shall hold office during his pleasure.
63. THE provisions of this Constitution referring to the
Provisions referring Governor General in Council shall be construed as referring to the to Governor General. Governor General acting with the advice of the Federal Executive Council.
Ministers of State.
64. THE Governor General may appoint officers to administer such Departments of State of the Commonwealth as the Governor General in Council
establish. Such officers shall hold office during the pleasure of the Governor General. They shall be members of the Federal Executive Council, and shall be the Queen's Ministers of State for the Commonwealth.
After the first general election no Minister of State shall hold Ministers to sit in office for a longer period than three months unless he is or becomes Parliament. a senator or a member of the House of Representatives.
65. UNTIL the Parliament otherwise provides, the Ministers of State shall not exceed seven in number, and shall hold such offices Number of Ministers. as the Parliament prescribes, or, in the absence of provision, as the Governor General directs.
66. THERE shall be payable to the Queen, out of the Consolidated Revenue Fund of the Commonwealth, for the salaries of the Salaries of Ministers. Ministers of State, an annual sum which, until the Parliament otherwise provides, shall not exceed Twelve thousand pounds a year.
Appointment of civil servants.
67. UNTIL the Parliament otherwise provides, the appointment and removal of all other officers of the Executive Government of the Commonwealth shall be vested in the Governor General in Council, unless the appointment is delegated by the Governor General in Council or by a law of the Commonwealth to some other authority.
A.D. 1900. 68. THE command in chief of the naval and military forces of
the Commonwealth is vested in the Governor General as the Queen's and military forces. representative.
Command of naval
Transfer of certain departments.
69. ON a date or dates to be proclaimed by the Governor Cieneral after the establishment of the Commonwealth, the following departments of the public service in each State shall become transferred to the Commonwealth:
Posts, telegraphs, and telephones;
Certain powers of
70. IN respect of matters which, under this Constitution, pass to the Executive Government of the Commonwealth, all
and functions which at the establishment of the Commonwealth are vested in the Governor of a Colony, or in the Governor of a Colony with the advice of his Executive Council, or in any authority of a Colony, shall vest in the Governor General or in the Governor General in Council, or in the authority exercising similar powers under the Commonwealth, as the case requires.
Judicial power and
THE JUDICATURE. 71. THE judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes.
Judges' appoint. ment, tenure, and remuneration.
72. THE Justices of the High Court and of the other courts created by the Parliament
1. Shall be appointed by the Governor General in Council ; 11. Shall not be removed except by the Governor General in
Council, on an Address from both Houses of the Parliament in the same session praying for such removal on the ground of proved misbehaviour or incapacity ;