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  "map_content": "THE CONSTITUTION\r\nCommonwealth of Australia Constitution Act\r\nPlain Text: 2023 Australia\u2019s Constitution PDF (with Overview and Notes by the Australian Government Solicitor, Parliamentary Education Office).0\r\nIt includes the Overview, Covering Clauses, the full Constitution (as amended), and a summary of the Notes section. The PDF is a formatted document with page numbers, side notes, and annotations, so some layout elements (tables, exact pagination) are simplified here for plain text.\r\n\r\nOVERVIEW (by the Australian Government Solicitor)\r\nThe Australian Constitution has properly been described as \u2018the birth certificate of a nation\u2019. It also provides the basic rules for the government of Australia. Indeed, the Constitution is the fundamental law of Australia binding everybody including the Commonwealth Parliament and the Parliament of each State. Accordingly, even an Act passed by a Parliament is invalid if it is contrary to the Constitution.\r\nBackground to the Constitution\r\nThe Constitution was drafted at a series of conventions held during the 1890s and attended by representatives of the colonies. Before the Constitution came into effect, its terms were approved, with one small exception, by the people of New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania.\r\nThe Australian Constitution was then passed as part of a British Act of Parliament in 1900, and took effect on 1 January 1901. [\u2026] References in the Constitution to \u2018the Queen\u2019 now include King Charles III.\r\nCreation of the Commonwealth of Australia\r\nOn the commencement of the British Act on 1 January 1901, the Commonwealth came into being and the six colonies became the six States of Australia.\r\nThe Federal Structure\r\nThe Constitution establishes a federal system of government. [\u2026] powers are distributed between the Commonwealth and the six States.\r\nSeparation of Powers\r\nChapters I, II, and III of the Constitution confer the legislative, executive, and judicial powers of the Commonwealth on three different bodies [\u2026]\r\nThe Crown and Responsible Government\r\nAustralia is a constitutional monarchy. [\u2026] The Governor-General acts in accordance with the advice of Commonwealth Ministers (responsible government). The Governor-General has certain reserve powers.\r\nRepresentative Government\r\n[\u2026] sections 7 and 28 [\u2026] require regular elections [\u2026] members of the Commonwealth Parliament to be directly chosen by the people.\r\nCommonwealth Parliament\r\nThe Constitution established the Commonwealth Parliament comprising the Queen, a House of Representatives and a Senate (sections 1\u201360). [\u2026]\r\nSection 57 prescribes the procedure for resolving irreconcilable disagreement between the two Houses (double dissolution and joint sitting).\r\nThe Relationship between Commonwealth and State Powers\r\n[\u2026] section 109 [\u2026] if a valid Commonwealth law is inconsistent with a law of a State Parliament, the Commonwealth law operates and the State law is invalid to the extent of the inconsistency.\r\nSection 96 allows the Commonwealth to make conditional grants of money to the States.\r\nThe Executive Government of the Commonwealth\r\nChapter II (sections 61\u201370). The Prime Minister and Cabinet are not mentioned in the Constitution but operate under conventions.\r\nFederal Judicature\r\nChapter III (sections 71\u201380) \u2014 High Court of Australia and other federal courts.\r\nAn Australian \u2018Common Market\u2019\r\nChapter IV \u2014 uniform customs, section 92 (trade and commerce between the States shall be absolutely free), etc.\r\nNew States and Territories\r\nSections 121\u2013124 for new States. Section 122 for Territories.\r\nRights\r\nThe Constitution has no comprehensive Bill of Rights. Some express protections (e.g., just terms for property acquisition, trial by jury, freedom of religion) and implied rights (e.g., freedom of political communication).\r\nAmending the Constitution\r\nSection 128 \u2014 referendum requiring a majority of electors nationally and in a majority of States.\r\n\r\nTHE CONSTITUTION\r\nCommonwealth of Australia Constitution Act\r\nCovering Clauses\r\nShort title\r\nAct to extend to the Queen\u2019s successors\r\nProclamation of Commonwealth\r\nCommencement of Act\r\nOperation of the Constitution and laws\r\nDefinitions\r\nRepeal of Federal Council Act\r\nApplication of Colonial Boundaries Act\r\nConstitution\r\nThe Constitution of the Commonwealth\r\nChapter I \u2014 The Parliament\r\nPart I \u2014 General\r\nLegislative power\r\nGovernor-General\r\nSalary of Governor-General\r\nProvisions relating to Governor-General\r\nSessions of Parliament\r\nYearly session of Parliament\r\nPart II \u2014 The Senate\r\n7. The Senate\r\n8. Qualification of electors\r\n9. Method of election of senators\r\n10. Application of State laws\r\n11. Failure to choose senators\r\n12. Issue of writs\r\n13. Rotation of senators\r\n14. Further provision for rotation\r\n15. Casual vacancies [as amended]\r\n16. Qualifications of senator\r\n17. Election of President\r\n18. Absence of President\r\n19. Resignation of senator\r\n20. Vacancy by absence\r\n21. Vacancy to be notified\r\n22. Quorum\r\n23. Voting in the Senate\r\nPart III \u2014 The House of Representatives\r\n24. Constitution of House of Representatives\r\n25. Provision as to races disqualified from voting\r\n26. Representatives in first Parliament\r\n27. Alteration of number of members\r\n28. Duration of House of Representatives\r\n29. Electoral divisions\r\n30. Qualification of electors\r\n31. Application of State laws\r\n32. Writs for general election\r\n33. Writs for vacancies\r\n34. Qualifications of members\r\n35. Election of Speaker\r\n36. Absence of Speaker\r\n37. Resignation of member\r\n38. Vacancy by absence\r\n39. Quorum\r\n40. Voting in House of Representatives\r\nPart IV \u2014 Both Houses of the Parliament\r\n41. Right of electors of States\r\n42. Oath or affirmation of allegiance\r\n43. Member of one House ineligible for other\r\n44. Disqualification\r\n45. Vacancy on happening of disqualification\r\n46. Penalty for sitting when disqualified\r\n47. Disputed elections\r\n48. Allowance to members\r\n49. Privileges etc. of Houses\r\n50. Rules and orders\r\nPart V \u2014 Powers of the Parliament\r\n51. Legislative powers of the Parliament [37 heads, including the 1967 amendment to (xxvi)]\r\n52. Exclusive powers of the Parliament\r\n53. Powers of the Houses in respect of legislation\r\n54. Appropriation Bills\r\n55. Tax Bill\r\n56. Recommendation of money votes\r\n57. Disagreement between the Houses\r\n58. Royal assent to Bills\r\n59. Disallowance by the Queen\r\n60. Signification of Queen\u2019s pleasure on Bills reserved\r\nChapter II \u2014 The Executive Government\r\n61. Executive power\r\n62. Federal Executive Council\r\n63. Provisions referring to Governor-General\r\n64. Ministers of State\r\n65. Number of Ministers\r\n66. Salaries of Ministers\r\n67. Appointment of civil servants\r\n68. Command of naval and military forces\r\n69. Transfer of certain departments\r\n70. Certain powers of Governors to vest in Governor-General\r\nChapter III \u2014 The Judicature\r\n71. Judicial power and Courts\r\n72. Judges\u2019 appointment, tenure, and remuneration\r\n73. Appellate jurisdiction of High Court\r\n74. Appeal to Queen in Council [limited]\r\n75. Original jurisdiction of High Court\r\n76. Additional original jurisdiction\r\n77. Power to define jurisdiction\r\n78. Proceedings against Commonwealth or State\r\n79. Number of judges\r\n80. Trial by jury\r\nChapter IV \u2014 Finance and Trade\r\n81. Consolidated Revenue Fund\r\n82. Expenditure charged thereon\r\n83. Money to be appropriated by law\r\n84. Transfer of officers\r\n85. Transfer of property\r\n86. Customs, excise, and bounties\r\n87. Revenue from customs and excise\r\n88. Uniform duties of customs\r\n89. Payment to States before uniform duties\r\n90. Exclusive power over customs and excise\r\n91. Exceptions as to bounties\r\n92. Trade within the Commonwealth to be free\r\n93. Payment to States for first five years\r\n94. Distribution of surplus\r\n95. Customs duties of Western Australia\r\n96. Financial assistance to States\r\n97. Audit\r\n98. Trade and commerce includes navigation and State railways\r\n99. Commonwealth not to give preference\r\n100. Nor abridge right to use of waters\r\n101. Inter-State Commission\r\n102. Parliament may forbid preferences by State\r\n103. Commissioners\u2019 appointment, tenure, and remuneration\r\n104. Saving of State laws\r\n105. State debts [as amended]\r\n105A. Agreements with respect to State debts\r\nChapter V \u2014 The States\r\n106. Saving of Constitutions\r\n107. Saving of State powers\r\n108. Saving of State laws\r\n109. Inconsistency of laws\r\n110. Provisions referring to Governor\r\n111. States may surrender territory\r\n112. States may levy charges\r\n113. States may not raise forces\r\n114. States not to tax property of Commonwealth\r\n115. States not to coin money\r\n116. Commonwealth not to legislate in respect of religion\r\n117. Rights of residents in States\r\n118. Recognition of laws, etc. of States\r\n119. Protection of States from invasion and violence\r\n120. Custody of offenders against laws of the Commonwealth\r\nChapter VI \u2014 New States\r\n121. New States may be admitted or established\r\n122. Government of territories\r\n123. Alteration of limits of States\r\n124. Formation of new States\r\nChapter VII \u2014 Miscellaneous\r\n125. Seat of Government\r\n126. Power to Her Majesty to authorise Governor-General to appoint deputies\r\n127. [Repealed]\r\nChapter VIII \u2014 Alteration of the Constitution\r\n128. Mode of altering the Constitution\r\n\r\nNotes (pages 36+ in the PDF) provide detailed annotations, historical context, and explanations for each section, including amendments. They cover interpretations by the High Court and practical operation.\r\nThis is the full constitutional text as presented in the 2023 edition (incorporating all successful referendums up to that point).",
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