Chapter III - The Judicature


71.
The judicial power of the Commonwealth shall be vested in a Supreme Court, to be called the High Court of Australia, and in such other courts as the Parliament creates, and in such other courts as it invests with jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than six, as the Parliament prescribes.

72.
The Justices of the High Court and of the other courts created by the Parliament

(i.)
Shall be appointed by the Governor-General in Council:

(ii.)
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:

(iii.)
Shall receive such remuneration as the Parliament may fix; but the remuneration shall not be diminished during their continuance in office.

The appointment of a Justice of the High Court shall be for a term expiring upon his or her attaining the age of seventy years, and a person shall not be appointed as a Justice of the High Court if he or she has attained that age.

The appointment of a Justice of a court created by the Parliament shall be for a term expiring upon his or her attaining the age that is, at the time of his or her appointment, the maximum age for Justices of that court and a person shall not be appointed as a Justice of such a court if he or she has attained the age that is for the time being the maximum age for Justices of that court.

Subject to this section, the maximum age for Justices of any court of the Commonwealth is seventy years.

The Parliament may make a law fixing an age that is less than seventy years as the maximum age for Justices of a court created by the Parliament and may at any time repeal or amend such a law, but any such repeal or amendment does not affect the term of office of a Justice under an appointment made before the repeal or amendment.

A Justice of the High Court or of a court created by the Parliament may resign his or her office by writing to the Governor-General.

A reference in this section to the appointment of a Justice of the High Court or of a court created by the Parliament shall be read as including a reference to the appointment of a person who holds office as a Justice of the High Court or of a court created by the Parliament to another office of Justice of the same court having a different status or designation.

73.
The High Court shall have jurisdiction, with such exceptions and subject to such regulations as the Parliament prescribes, to hear and determine appeals from all judgments, decrees, orders, and sentences

(i.)
Of any Justice or Justices exercising the original jurisdiction of the High Court:

(ii.)
Of any other court in the Commonwealth:

(iii.)
Of any public body, but as to questions of law only:

and the judgment of the High Court in all such cases shall be final and conclusive.

But no exception or regulation prescribed by the Parliament shall prevent the High Court from hearing and determining any appeal from any lower Court.

Courts may declare law, but only the Parliament may make law.

74.
No appeal shall be permitted to the Crown in Council from a decision of the High Court upon any question, howsoever arising.

75.
In all matters

(i.)
Arising under any treaty:

(ii.)
Affecting consuls or other representatives of other countries:

(iii.)
In which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party:

(iv.)
In which illegality is alleged against the action or actions of a member of either House of the Parliament of the Commonwealth, done in his or her public capacity:

(v.)
In which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth:

the High Court shall have original jurisdiction.

76.
The Parliament may make laws conferring original jurisdiction on the High Court in any matter

(i.)
Arising under this Constitution, or involving its interpretation:

(ii.)
Arising under any laws made by the Parliament:

(iii.)
Of Admiralty and maritime jurisdiction:

(iv.)
Requiring the clarification of the common law.

77.
With respect to any of the matters mentioned in the last two Sections the Parliament may make laws:

(i.)
Defining the jurisdiction of any court other than the High Court:

(ii.)
Defining the extent to which the jurisdiction of any court shall be exclusive of that which belongs to or is invested in the courts established by the former States:

(iii.)
Investing any court with a new jurisdiction.

78.
The Parliament may make laws conferring rights to proceed against the Commonwealth in respect of matters within the limits of the judicial power.

79.
The jurisdiction of any court may be exercised by such number of judges as the Parliament prescribes.

80.
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 area where the offence was committed, and if the offence was not committed within any area the trial shall be held at such place or places as the Parliament prescribes.


Chapter IV - Finance And Trade


81.
All revenues or moneys raised or received by the Executive Government of the Commonwealth shall form one Consolidated Revenue Fund, to be appropriated for the purposes of the Commonwealth in the manner and subject to the charges and liabilities imposed by this Constitution.

82.
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.

83.
No money shall be drawn from the Treasury of the Commonwealth except under appropriation made by law.

But until the expiration of one month after the first meeting of the Parliament the Governor-General in Council may draw from the pre-existing Treasury and expend such moneys as may be necessary for the maintenance of any department and for the holding of the first elections for the Parliament.

84.
When any department of the public service of a former State becomes transferred to the Commonwealth, all officers of the department shall become subject to the control of the Executive Government of the Commonwealth.

85.
Each and every officer shall continue in the service of the Commonwealth and shall preserve all existing and accruing rights, and shall be entitled to retire from office at the time, and on the pension or retiring allowance, which would be permitted by the law of the Commonwealth as if his or her service were a continuation of his or her previous service.

86.
Any officer who is, at the re-establishment of the Commonwealth, in the public service of a former State may be transferred to the public serviceof the Commonwealth, and shall have the same rights as if he or she had been an officer of the Commonwealth and were retained in the service of the Commonwealth.

87.
When each department of the public service of a former State is transferred to the Commonwealth:

(i.)
All property of the former State of any kind, used exclusively in connection with the department, shall become vested in the Commonwealth:

(ii.)
The Commonwealth may acquire any property of the former State, of any kind used, but not exclusively used, in connection with the department:

(iii.)
The Commonwealth shall, at the date of the transfer, assume the current obligations of the former State in respect of the department.

88.
On the re-establishment of the Commonwealth, the collection and control of stamp duties, payroll tax, financial institution duties, registration fees and other monies, shall pass to the Executive Government of the Commonwealth.

89.
During a period of ten years after the re-establishment of the Commonwealth and thereafter until the Parliament otherwise provides, of the net revenue of the Commonwealth from former State taxes and charges not more than one-half shall be applied annually by the Commonwealth towards its expenditure.

The balance shall, in accordance with the Constitution, be paid to the Reserve Bank, or applied towards the payment of interest on debts of the former States.

90.
Until the Parliament otherwise provides, any person liable to pay excise or stamp duty or any other charge or impost pertaining to the previous State in whose jurisdiction they were, shall remain liable to the Commonwealth for the same rate of excise or duty.

91.
Until the Parliament otherwise provides, any bounty payable within a former State shall remain payable by the Commonwealth.

92.
Trade, commerce, and intercourse within the Commonwealth, whether by means of internal carriage or ocean navigation, shall be absolutely free.

93.
Notwithstanding anything in this Constitution, goods produced before the re-establishment of the Commonwealth, shall, within two years , be liable to any duty chargeable on the production of such goods in the Commonwealth, less any duty paid in respect of the goods to a former State.

94.
Regardless of ownership, the Parliament shall determine the manner in which essential services are provided and paid for, in the public interest.

95.
The property of the Crown may not be alienated without the express consent of two successive Parliaments.

96.
After the re-establishment of the Commonwealth and thereafter until the Parliament otherwise provides, the Parliament may grant financial assistance to any local government body or regional group of such bodies, on such terms and conditions as the Parliament thinks fit.

97.
Subject to this Constitution and until the Parliament otherwise provides, the laws in force in any former State with respect to the receipt of revenue and the expenditure of money on account of the Government of the former State, and the review and audit of such receipt and expenditure, shall apply to the receipt of revenue and the expenditure of money on account of the Commonwealth in the former State in the same manner as if the Commonwealth, or the Government or an officer of the Commonwealth were mentioned whenever the former State, or the Government or an officer of the former State, is mentioned.

98.
The power of the Parliament to make laws extends to navigation and shipping within the 200 kilometre limit.

99.
The Commonwealth shall not, by any law or regulation of trade, commerce, or industry, give preference to one region, unless that region is demonstrably less developed than the average.

100.
To the extent that any treaty limits the power of the Parliament to assist any industry or region economically, such provisions are invalid.

101.
There shall be a Regional 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, industry, the environment, and of all laws made thereunder, and any other law affecting regional development.

102.
The members of the Regional Commission, of which there shall be at least one for each tegion, shall be chosen by the people of each and every region, in the same manner and at the same time as the election of members of the House of Representatives at a general election.

103.
The members of the Regional Commission:

(i.)
Shall be appointed by the Governor-General in Council:

(ii.)
Shall hold office for seven years, but may be removed within that time 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:

(iii.)
Shall receive such remuneration as the Parliament may fix; but such remuneration shall not be diminished during their continuance in office.

104.
Nothing in this Constitution shall render unlawful any rate for the carriage of goods within a region, if the rate is deemed by the Regional Commission to be necessary for the development of the territory of the region.

105.
The Parliament shall take over from the former States their public debts, and may convert, renew, or consolidate such debts, or any part thereof.


Chapter V - The Former States


106.
The Constitution of each former State of the Commonwealth shall expire at the re-establishment of the Commonwealth. The authority of each former Governor shall return to the Crown, as represented by the Governor-General.

107.
Every law in force in a former State shall, subject to this Constitution, continue in force in the former State, until provision is made in that behalf by the Parliament of the Commonwealth.

108.
To the extent that they possess legislative, executive, and judicial powers, Commonwealth Territories shall, for the purposes of this Constitution, be regarded as States.

109.
Every power of the Parliament of a former State shall continue as at the re-establishment of the Commonwealth as a Commonwealth power, and the Parliament of each former State shall, at the re-establishment of the Commonwealth, become an Advisory Committee, with no provision for renewal after the elapse of five years from the re-establishment of the Commonwealth.

110.
Each Advisory Committee shall be unicameral, and may establish its own Standing Orders.

111.
Any former State Member of Parliament may resign in writing to the Governor General from his or her Advisory Committee. Any former member of an Advisory Committee may become a candidate for election to the Senate or the House of Representatives, subject to this Constitution.

112.
In the first general election for the House of Representatives after the re-establishment of the Commonwealth, there shall be declared elected five Members from each of the former States. Three from each former State shall be chosen from and by the former Government party, and two from and by the former Opposition. Each former Territory shall choose two Members, one each from and by the Government and the Opposition.

113.
On no other occasion shall Members be chosen for either House by any method allowing more than twenty percent difference in individual votes. The vote is an inalienable power and right of every Australian.

114.
An organisation or company shall not, without the consent of the Parliament of the Commonwealth, raise or maintain any naval or military force, or impose any tax on property of any kind belonging to the Commonwealth or to any Citizen of the Commonwealth.

115.
An organisation or company shall not coin money or make banknotes, stamps, phonecards, or other tender without the consent of Parliament. Nor shall an organisation or company have access to a Minister of the Crown without the prior permission of Parliament.

116.
The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of conscience, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

117.
A subject of the Crown, resident in any region, shall not be subject to any disability or discrimination on the basis of race or ethnicity. Every Citizen over 21 and without a criminal conviction or current bankruptcy shall be enrolled for jury duty.

118.
Full faith and credit shall be given, throughout the Commonwealth to the laws, the public Acts and records, and the judicial proceeding of every former State.

119.
The Commonwealth shall protect every region against invasion and against domestic violence. The Crown shall use every means at its disposal for the succour and relief of all citizens in times of disaster.

120.
At the re-establishment of the Commonwealth all prisoners, wards and trustees of the former States and Territories shall become prisoners, wards and trustees of the Commonwealth, in virtue of the benevolence of the Crown. This duty of care is inalienable.


Chapter VI - Regions


121.
The vast and varied territorial expanse of the Commonwealth shall, upon re-establishment, be divided into not more than thirty-five geographically or economically unique regions, which may or may not correspond in whole or in part to the borders of former States and Territories.

122.
The Parliament may make laws for the government of any territory in the Commonwealth, or of any territory placed by the Crown under the delegated authority of an assembly established by the Commonwealth, provided that such an assembly is elected in a manner corresponding to the manner of election of the House of Representatives.

123.
The Parliament of the Commonwealth may, with the consent of local government, increase, diminish, or otherwise alter the limits of a region, 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 region affected.

124.
No region's boundary shall divide any local government area.


Chapter VII - Miscellaneous


125.
The seat of Government of the Commonwealth shall be at Capital Hill in the suburb of Barton in Canberra. The precinct of the Commonwealth Parliament shall be subject to Privilege, and, in accordance with this Constitution, to the coercive authority of the Clerk of the House and the Sergeant.

126.
The Crown may authorise the Governor-General to appoint any person, or any persons jointly or severally, to be his or her deputy or deputies within any part of the Commonwealth, and in that capacity to exercise during the pleasure of the Governor-General as he or she thinks fit to assign to such deputy or deputies, subject to any limitations expressed by the Crown; but the appointment of such deputy or deputies shall not affect the exercise by the Governor-General of any power or function or to evade the responsibilities of the office.


Chapter VIII - Alteration Of The Constitution


128.
This Constitution shall not be altered except in the following manner:

The proposed law for the alteration thereof must be passed by an absolute (two-thirds) 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 to the electors qualified to vote for the election of members of the House of Representatives.

But if either House passes any such proposed law by an absolute majority, and the other House rejects or fails to pass it, or passes it with any amendments to which the first-mentioned House will not agree, and if after an interval of three months the first-mentioned House in the same or the next session again passes the proposed law by an absolute majority with or without any amendment which has been made or agreed to by the other House, and such other House rejects or fails to pass it or passes it with any amendment to which the first-mentioned House will not agree, the Governor-General may submit the proposed law as last proposed by the first-mentioned House, and either with or without any amendments subsequently agreed to by both Houses, to the electors qualified to vote for the election of the House of Representatives.

When a proposed law is submitted to the electors the vote shall be taken in such manner as the Parliament prescribes.

And if a majority of the sixty percent of the electors voting approve the proposed law it shall be presented to the Governor-General for the Crown's assent, and may be incorporated into the Constitution.

No alteration diminishing the equal and proportionate representation of any electorate in the House of Representatives, or in any manner affecting the provisions of the Constitution in relation to the principle of one-vote, one-value, may be submitted under these provisions.

Voting in all Commonwealth referendums, elections and by-elections is a duty binding upon all who enjoy the bounty of peace the Crown bestows upon citizens, and is therefore compulsory.


Schedule.


OATH

I, A.B., do swear that I will be faithful and bear true allegiance to the Crown, to the Parliament of the Commonwealth, and to my fellow citizens.

AFFIRMATION

I, A.B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to the Crown, to the Parliament of the Commonwealth, and to my fellow citizens.


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last updated: 14 november, 1997