An Act to re-establish the Commonwealth of Australia.

Whereas we the people of Australia have agreed to reunite in one perpetual and indissoluble Commonwealth under the Crown, which embodies and protects our sovereignty, and under this Constitution and its conventions:

Be it therefore enacted by the Crown, by and with the advice and consent of the Senators and Representatives, in this present Parliament assembled, and by the authority of the entire people of Australia, as follows:

1.
This Statute may be cited as the Statute of Yarralumla.

2.
The provisions of this Statute referring to the Crown shall extend to the authorised Governor General, acting by and partaking of the sovereignty of the people of the Commonwealth, without limitation.

3.
The Crown holds the authority of the people, who shall command the affection, trust and protection of the Crown without prejudice.

4.
The Commonwealth shall be re-established, and the Constitution of the Commonwealth embodied in this present Statute shall take effect, on and after the day so appointed [date].

5.
This Statute, and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges, and people of every region and of every part of the Commonwealth, notwithstanding previous laws and customs of any region; and the laws of the Commonwealth shall be in force on all ships, ships of war excepted, whose first port of clearance and whose port of destination are in the Commonwealth.

6.
"The Commonwealth" shall mean the Commonwealth of Australia as re-established under this present Statute.

7.
The Commonwealth of Australia Constitution Act, 1900 (as amended by subsequent referendums), is hereby repealed, but so as not to affect any laws of the Commonwealth in force at the re-establishment of the Commonwealth. Any law may be amended or repealed as to any former State by the Parliament of the Commonwealth, or as to any Australian territory not being a former State.

8.
After the passing of this Statute the Commonwealth shall be taken to be a self-governing sovereign state for the purposes of the Statute, and for all other legal purposes. There shall be only one Head of State, and that person shall be the Governor-General.

9.
The Constitution of the Commonwealth shall be as follows:

THE CONSTITUTION

This Constitution is set out in this manner:-

Chapter I - The Parliament: Part I - General: Part II - The Senate: Part III - The House of Representatives: Part IV - Both Houses of the Parliament: Part V - Powers of the Government: Chapter II - The Executive Government: Chapter III - The Judicature: Chapter IV - Finance and Trade: Chapter V - The Former States: Chapter VI - Regions Chapter VII - Miscellaneous: Chapter VIII - Alteration of the Constitution. The Schedule.

Chapter I - The Parliament

Part I - General

1.
The legislative power of the Commonwealth shall be vested in a Commonwealth Parliament, which shall consist of the Crown, a Senate, and a House of Representatives, and which is herein-after called "The Parliament," or "The Parliament of the Commonwealth."

2.
A Governor-General appointed by the Crown from among the people shall be the Crown's representative in the Commonwealth, and shall have and may exercise in the Commonwealth during the Crown's pleasure, but subject to this Statute, such powers and functions of the Crown as good government requires.

3.
There shall be payable to the Crown out of the Consolidated Revenue fund of the Commonwealth, for the salary of the Governor-General, a monthly sum which, until the Parliament otherwise provides, shall be ten thousand dollars. The salary of the Governor-General shall not be altered during his or her continuance in office.

4.
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 Crown 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 or her administration of the Government of the Commonwealth.

5.
The Governor-General may appoint such times for holding the sessions of the Parliament as he or she 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 in accordance with convention.

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 Parliament shall be summoned to meet not later than six months after the re-establishment of the Commonwealth.

6.
There shall be a session of the Parliament once at least in every year,so that twelve months shall not intervene between the last sitting of the Parliament in one session and its first sitting in the nest session.

8.
The qualification of electors of senators shall be thatwhich is prescribed by this Constitution, or by the Parliament, as thequalification for electors of members of the House of Representatives; and inthe choosing of senators each elector shall have an equal vote and vote only once.

9.
The Parliament of the Commonwealth may make laws prescribing the method of choosing senators, but so that the method shall be uniform for all Australia.

10.
In case of the dissolution of the Senate the writs shall be issued within ten days from the proclamation of such dissolution.

11.
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 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 three years, and the places of those of the second class at the expiration of six years, from the beginning of their term of service; and afterwards the places of senators shall be vacant at the expiration of six years from the beginning of their term of service.

12.
The election to fill vacant places shall be made within one year before the places are to become vacant.

13.
For the purpose of this section the term of service of a senator shall be taken to begin on the first day of July following the day of his or her 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 July preceding the day of his or her election.

14.
Whenever the number of senators is increased or diminished, the Parliament of the Commonwealth may make such provision for the vacating of the places of such senators, as it deems necessary to maintain regularity in the rotation.

15.
If the place of a senator becomes vacant before the expiration of his or her term of service, the Senate shall choose a person to hold the place until the expiration of the term. Where a vacancy has at any time occurred in the place of a senator chosen by the people and, at the time when he or she was so chosen, he or she was publicly recognised by a particular political party as being an endorsed candidate, a person chosen or appointed under this section in consequence of that vacancy, or in consequence of that vacancy and a subsequent vacancy or vacancies, shall, unless there is no member of that party available to be chosen or appointed, be a member of that party.

Where:
(a)
in accordance with the last preceding paragraph, a member of a particular political party is chosen or appointed to hold the place of a senator whose place had become vacant; and

(b)
before taking his or her seat he or she cease to be a member of that party (otherwise than by reason of the party having ceased to exist), he or she shall be deemed not to have been so chosen or appointed and the vacancy shall be again notified in accordance with section twenty-one of this Constitution.
The name of a senator chosen or appointed under this section shall be certified by the Clerk of the Senate to the Governor-General.

16.
The qualification of a senator shall be the same as of a member of the House of Representatives.

17.
The Senate shall, before proceeding to the despatch of any other business, choose a senator to be the President of the Senate; and as often as the office of President becomes vacant the Senate shall again choose a senator to be the President. The President shall cease to hold his or her office if he or she ceases to be a senator. He or she may be removed from office by a vote of the Senate, or may resign his or her office or seat by writing addressed to the Governor-General.

18.
Before or during any absence of the President, the Senate may choose a senator to perform the relevant duties in his or her absence.

19.
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 or her place, which thereupon shall become vacant.

20.
The place of a senator shall become vacant if for two consecutive months of any session of the Parliament he or she, without the permission of the Senate, fails to attend the Senate.

21.
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 Acting President, shall notify the same to the Governor General.

22.
Until the Parliament otherwise provides, the presence of at least one-half of the whole number of the senators shall be necessary to constitute a meeting of the Senate for the exercise of its powers.

23.
Questions arising in the Senate shall be determined by a majority of votes, and each senator shall have one vote. The President shall in all cases be entitled to a vote; and when the votes are equal the question shall pass in the negative.

25.
The number of members of the House of Representatives shall be at least three times the number of senators.

26.
Each and every member shall be chosen by an electorate equal in population to all other electorates to within ten percent, and shall be determined, whenever necessary, by dividing the number of the people of the Commonwealth, as shown by the latest statistics of the Commonwealth, by three times the number of senators.

27.
Subject to this Constitution, the Parliament may make laws for increasing or diminishing the number of the members of the House of Representatives.

28.
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 subject to this Statute.

29.
Wherever possible, elections for half the Senate and the House of Representatives shall take place simultaneously.

30.
Until the Parliament otherwise provides, the qualification of electors of members of the House of Representatives shall be that which is prescribed by the law of the Commonwealth at the time of re-establishment; but in the choosing of members each elector shall vote only once, and each vote shall be equal.

31.
Until the Parliament otherwise provides, but subject to this Constitution, the laws in force in the Commonwealth at the time of re-establishment shall, as nearly as practicable, apply to elections of members of the House of Representatives.

32.
The Governor-General in Council may cause writs to be issued for general elections of members of the House of Representatives. After the first general election, the writs shall be issued within ten days from the expiry of a House of Representatives or from the proclamation of a dissolution thereof.

33.
Whenever a vacancy happens in the House of Representatives, the Speaker shall issue his writ for the election of a new member, or if there is no Speaker or if he or she is absent from the Commonwealth, the Governor-General in Council may issue the writ.

34.
Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as follows:

(i.)
He or she must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of members of the House of Representatives, or a person qualifies to become such elector, and must have been for three years at the least a resident within the limits of the Commonwealth as existing at the time when he or she was chosen:

(ii.)
He or she must be a subject of the Crown, either natural-born or for at least five years naturalised under a law of the Commonwealth.

35.
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. The Speaker shall cease to hold his or her office if he or she ceases to be a member. He or she may be removed from office by a vote of the House, or may resign his or her office or seat by writing addressed to the Governor-General. The Speaker shall not contest elections during his or her timein that office, and shall be deemed to be elected unopposed for his or her Electorate at any general election.

36.
Before or during any absence of the Speaker, the House of Representatives may choose a member to perform his or her duties. If the Speaker fails to attend the Housefor two consecutive months in any session, then a new Speaker shall be chosen by the House.

37.
A member may by writing addressed to the Speaker, or to the Governor-General if there is no Speaker or if the Speaker is absent from the Commonwealth, resign his or her place, which there-upon shall become vacant.

38.
The place of a member shall become vacant if for two consecutive months of any session of the Parliament he or she, without the permission of the House, fails to attend the House.

39.
Until the Parliament otherwise provides, the presence of at least one-half 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 it's powers.

40.
Questions arising in the House of Representatives shall be determined by a majority of votes other than that of the Speaker. The Speaker shall not vote unless the numbers are equal, and then he or she shall have a casting vote.