COMMONWEALTH OF AUSTRALIA CONSTITUTION

Whereas the people of New South Wales, Victoria, South Australia, Queensland, Tasmania and Western Australia, agreed to unite in one indissoluble Commonwealth, and under the Constitution hereby established:

This Constitution is the supreme law of the Commonwealth of Australia. It shall be binding on all Australian courts, the Parliament and government and all laws made by the Parliament under this Constitution shall be binding on the courts, judges, and people of every part of Australia. (Deleted words obsolete. Repeal rec cc 1988)

This Constitution replaces the Constitution as set out in the Commonwealth of Australia Constitution Act enacted by the United Kingdom Parliament, as subsequently amended.

When the departments of the public service of the States are transferred to the Commonwealth, all officers of the department shall become subject to the control of the Executive Government of the Commonwealth.

Any such officer who is not retained in the service of the Commonwealth shall, unless he or she is appointed to some other office of equal emolument in the public service of the State, be entitled to receive from the state any pension, gratuity, or other compensation, payable under the law of the State on the abolition of his or her office.

Any such officer who is retained in the service of the Commonwealth shall preserve all his or her 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 State if his or her service with the Commonwealth were a continuation of his or her service with the State. Such pension or retiring allowance shall be paid to him by the Commonwealth.

When the departments of the public service of the States and their property are transferred to the Commonwealth the Commonwealth shall, at the date of the transfer, assume the current debts and obligations of the State in respect of the departments and property transferred.

This Constitution shall take effect twelve months from the date of its enactment, but the Parliament of the Commonwealth may make at any time after the enactment of this amendment make any such laws, to come into operation on the day when this amendment takes effect, as they could have made if this amendment had taken effect on its enactment. (Based upon covering clause 4)

The Queen shall cease to be Head of State of the Commonwealth or any part thereof, and shall have no powers or functions with respect to the Commonwealth, or part thereof. With the exception of the Queen and the Governor-General, the State Governors and the members of Parliament of the States, this Constitution shall not affect the holding of any office established by or referred to in the previous Constitution, and a person holding the office immediately before this new Constitution takes effect shall continue to hold the office as if this amendment has not been made. (Based upon rec CC 1988)

Subject to this Constitution, abolition of the monarchy, and the State constitutions, Parliaments and governments, in itself shall not affect any power, function, right, privilege, immunity, or prerogative derived from the royal prerogative and exercisable by the Government of the Commonwealth. (cf Ireland art 49)

In respect of matters which, under this Constitution, pass to the Executive Government of the Commonwealth, all powers 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 or her Executive Council, or in any authority of a Colony, shall vest in the, President or in the President in Council, or in the authority exercising similar powers under the Commonwealth, as the case requires.

"The Commonwealth" shall mean the Commonwealth of Australia as established under this Constitution.

The Constitution of the Commonwealth of Australia is divided as follows:-

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

2. The provisions of this Constitution relating to the President extend and apply to the President for the time being, or such person as may legally act as President but no such person shall be entitled to receive any salary from the Commonwealth in respect of any other office during such time as he or she acts as President.

3. The President 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, convene joint sittings of the members of the Senate and of the House of Representatives, and may in like manner prorogue the Parliament, and may in like manner simultaneously dissolve the House of Representatives and half the Senate.

4. After any general election the President shall summon the Parliament to meet not later than thirty days after the day appointed for the return of the writs.

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 next session.

7. The Senate shall be composed of one senator for each Region directly chosen by the people of each Region, voting as one electorate.

The senators shall be chosen for a maximum term of six years. The Senate may be sooner dissolved by the President in Council according to this constitution.

8. The qualification of electors of senators shall be the same as that for the House of Representatives; but in the choosing of senators each elector shall vote only once.

9. The Parliament may make laws relating to elections of senators but so that the method shall be uniform across the Commonwealth.

10. The President in Council may cause writs to be issued for elections of senators. In case of the dissolution of the Senate the writs shall be issued within ten days from the proclamation of such dissolution.

12. 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 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 next dissolution of the House of Representatives, and the places of those of the second class at the second dissolution of the House of Representatives after the beginning of their term of service; and afterwards the places of senators shall become vacant at the expiration of each alternate dissolution of the House of Representatives from the beginning of their term of service.

13. The election to fill vacant places shall be made within two months of the places becoming vacant.

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

15. Whenever a vacancy happens in the Senate, the President of the Senate shall issue a writ for the election of a new member, or if there is no President of the Senate or if he or she is absent from the Commonwealth the President in Council may issue the writ.

16. 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 President of the Senate becomes vacant the Senate shall again choose a senator to be the President of the Senate. The President of the Senate shall preside over the Senate.

The President of the Senate 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 he or she may resign his or her office or seat by writing to the President.

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

18. A senator may, by writing addressed to the President of the Senate, or to the President if there is no President of the Senate or if the President of the Senate is absent from the Commonwealth, resign his or her place, which thereupon shall become vacant.

19. 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.

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

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

22. The House of Representatives shall be composed of members directly chosen by the people of the Commonwealth, and the number of such members shall be twice the number of senators.

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

24. Every House of Representatives shall continue for three years from the election of the House, and no longer, but may be dissolved by the President if there remains less than three months to the end of its full term, or by the President on receipt of a motion duly passed by the House of Representatives that they have no confidence in the Prime Minister and believe there is none among them in whom they would have confidence as Prime Minister, or otherwise as prescribed in this constitution.

25. The Parliament may make laws for determining the divisions for which members of the House of Representatives may be chosen, but each division shall as nearly as is practicable, have equal number of electors. Each Division shall elect only one member.

But in any case, all Australian citizens of the full age of eighteen years shall be qualified as electors of members of the House of Representatives, and in the choosing of members each elector shall vote only once.

27. The Parliament may make laws providing for the method of election of members of the House of Representatives but so that the method shall be uniform throughout the Commonwealth.

28. The President in Council may cause writs to be issued for general elections of members of the House of Representatives but shall simultaneously issue writs to be issued for general elections of those retiring senators.

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.

29. Whenever a vacancy happens in the House of Representatives, the Speaker shall issue a 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 President in Council may issue the writ.

30. The House of Representatives shall, before proceeding to the dispatch 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 preside over the House of Representatives and, whenever there is a joint sitting of the members of the Senate and of the House of Representatives he or she shall preside over the joint sitting.

The Speaker shall cease to hold his or her office if he or she ceases to be a member and 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 President.

31. Before or during any absence of the Speaker, the House of Representatives may choose a member to perform his or her duties in his or her absence.

32. A member may by writing addressed to the Speaker, or to the President if there is no Speaker or if the Speaker is absent from the Commonwealth, resign his or her place, which thereupon shall become vacant.

33. 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.

34. 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.

35. 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.

36. At each general election for members of the House of Representatives, a simultaneous election of the retiring Senators shall also be held.

37. No adult person who has or acquires a right to vote at elections for the House of Representatives, shall, while the right continues, be prevented by any law from voting at elections for the Senate.

38. The qualifications of a senator shall be the same as those of a member of the House of Representatives.

40. Every senator and every member of the House of Representatives shall before taking his or her seat make and subscribe before the President or some person authorised by him or her, an oath or affirmation of allegiance in the form set forth in the schedule to this Constitution.

41. A member of either House of the Parliament shall be incapable of being chosen or of sitting as a member of the other House.

42. Any person who -

(i) Is under any acknowledgment of allegiance, obedience, or adherence to a Foreign Power, or is subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a Foreign Power: or

(ii) Is attained of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the commonwealth by imprisonment for one year or longer: or

(ii) Is an undischarged bankrupt or insolvent: or

(iv) Holds any office of profit under the executive government of the Commonwealth or a Regional Council, or any pension payable during the pleasure of the Commonwealth or a Regional Council out of any of the revenues of the Commonwealth: or

(v) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons:

shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.

But sub-section (iv) does not apply to the office of any of the Ministers of State, or of any of the, or to the receipt of a pension, by any person as an officer or member of the defence forces of the Commonwealth, or to the receipt of pay as an officer or member of the defence forces of the Commonwealth by any person whose services are not wholly employed by the Commonwealth. (Amended to remove obsolete references).

43. If a senator or member of the House of Representatives -

(i) Becomes subject to any of the disabilities mentioned in the last preceding section: or

(ii) Takes the benefit, whether by assignment, composition, or otherwise, of any law relating to bankrupt or insolvent debtors: or

(iii) Directly or indirectly takes or agrees to take any fee or honorarium for services rendered to the Commonwealth, or for services rendered in the Parliament to any person:

his or her place shall thereupon become vacant.

44. Unless the Parliament otherwise provides, any person declared by this Constitution to be incapable of sitting as a senator or as a member of the House of Representatives shall, for every day on which he or she so sits, be liable to pay the sun of two hundred dollars to any person who sues for it in any court of competent jurisdiction.

45. Any question respecting the qualification of a senator or of a member of the House of Representatives, or respecting a vacancy in either House of the Parliament, and any question of a disputed election to either House, shall be determined by the High Court, sitting as the Court of Disputed Returns.

46. Each senator and each member of the House of Representatives shall receive such remuneration as the Parliament may fix. (Amended rec CC 1988)

47. The powers, privileges, and immunities of the Senate and of the House of Representatives, and of the members and the committees of each House, shall be such as are declared by the Parliament

48. 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.

49. The Parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of the Commonwealth and to enforce the rights of its people. (limits removed)

50. The Parliament shall, subject to this Constitution, have the power to make laws which enact the transitionary provisions of this Constitution. (see Australia Act 1986 (UK) ss 7, 15(3))

51. (1). 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 provision for the imposition or appropriation of fines or other pecuniary penalties, or for the demand for payment or appropriation of fees for licences, 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, and shall treat the consideration of such proposed laws as its first business after the election of a President if required, or the choosing of a President of the Senate if required.

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.

(3). Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

52. The proposed law which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation. But this shall not prevent the Parliament from making laws dealing with the levying of health, or medical insurance premiums or the collection of superannuation payments, while those laws also deal with the control, maintenance and disbursement of the funds thereof.

53. Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other 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.

54. A vote, resolution, or proposed law for the appropriation of revenue or moneys shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the President in Council to the House in which the proposal originated. (Based upon rec CC 1988)

55. If the House of Representatives passes any proposed law, and the Senate rejects or fails to pass it, or passes it with amendments 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 agree, the President 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 President in Council 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 President for assent.

56. (1) Subject only to sub-section (2), when a proposed law passed by both Houses of the Parliament is presented to the President for assent, he or she shall assent to it if so advised by the Executive Council.

(2) The President in Council may return to the House in which it originated any proposed law so presented to him or her, and may transmit therewith any amendments which the President in Council may recommend, and the Houses may deal with the recommendation. (Partly obsolete. Amendment based upon rec CC 1988)

57. (1) There shall be a President, who shall be the Head of State of the Commonwealth, and shall exercise and perform the powers and functions conferred on the President by this Constitution and by law. (cf Ireland art 12(1))

(8) Notwithstanding the expiration of his or her term, the President shall continue to hold office until his or her successor enters upon the office, provided such a period shall not exceed 90 days after the expiry of his or her term. (cf India art 56(1)(c))

(9) The President shall enter upon the office by making and subscribing publicly the following declaration: "I, A.B., do solemnly and sincerely promise and declare that I will maintain the Constitution and uphold the laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, and that I will dedicate my abilities to the service and welfare of the people of Australia." (Based upon Ireland art 12(8))

(10) The President shall receive such remuneration as Parliament may fix, but such remuneration shall not be reduced during his or her term of office. (Modified rec CC 1988)

(12) The President shall not hold any other office or position of profit. (cf Ireland art 12(6)(3); India art 59(2))

(14)(a) No criminal proceedings whatsoever shall be instituted or continued against a President in any court during his or her term of office except with the consent of both Houses of Parliament. (India art 361(2); Kenya 14(1); Israel s.14, as modified in light of Iceland art 11)

(b) The period during which a President is immune from prosecution under paragraph (a) shall not be taken into account for the purpose of any statute of limitations. (Based on Israel s.14)

(c) Subject to paragraph (a), the President shall not be immune from suit or judicial or legal process, unless such immunity is expressly conferred by law. (cf India art 361; Ireland art 12(8)(1); Trinidad and Tobago s.38)

58. (1) The President may resign his or her office by writing addressed to the President of the Senate, or the Speaker if there is no President of the Senate or if the President of the Senate is absent from the Commonwealth. Such resignation shall take effect at the time specified therein. (cf Commonwealth Constitution ss 19, 37; Israel s.19)

(3) Subject to sub-section (4), the office of President shall become vacant if each House of Parliament passes a resolution supported by an absolute majority of the members thereof to the effect that the President or a person acting as President should be removed from office on the ground of proved misbehaviour or incapacity. (cf Commonwealth Constitution s 72(ii))

The Parliament may make laws providing for the establishment, constitution and procedure of a Judicial Tribunal, but each member of the Tribunal must be a justice of a superior court other than the High Court, or a judge of the Supreme Court of the Commonwealth. (Based upon rec regarding removal of judges, CC 1988)

59. Until the Parliament otherwise provides, the President shall exercise and perform his or her powers and functions in accordance with the Constitutional conventions which related to the exercise and performance of the powers and functions of the Governor-General, but nothing in this section shall have the effect of converting constitutional conventions into rules of law. (Based upon Constitution Act 1902 (NSW) s 35A)

60. The Prime Minister shall keep the President fully informed concerning the general conduct of the Government and shall furnish the President with such information as he or she may request with respect to any particular matter relating to the Government. (Malta s.87; Jamaica s.76, cf India art 78)

61. (1) The executive power of the Commonwealth is vested in the President and is exercisable on the advice of the Executive Council, the Prime Minister or other Ministers and extends to the execution and maintenance of this Constitution and of the laws of the Commonwealth.

(2) Nothing in this section shall prevent the Parliament from conferring by law powers or functions not inconsistent with this Constitution on persons or authorities other than the President. (cf India art 53(3)(b); Kenya s 23(2); Malta s 78(3); Jamaica s 68(3))

(4) The Prime Minister shall hold office, subject to this Constitution, until he or she dies, resigns, or the President terminates his or her appointment. (Based upon rec CC 1988)

(3) The President may, with the advice of the Prime Minister, terminate the appointment Ministers and Assistant Ministers. (rec CC 1988)

(2) The number of Ministers and Assistant Ministers shall not exceed the number prescribed by the Parliament. (Commonwealth Constitution s 64, modified CC 1988)

(3) The President may convene meetings of the Executive Council. (Commonwealth Constitution ss 62 and 64, modified CC 1988)

66. The provisions of this Constitution referring to the President in Council shall be construed as referring to the President acting with the advice of the Executive Council.

67. The President, with the advice of the Prime Minister may appoint any Minister or Ministers of State to administer such departments of State of the Commonwealth as the President in Council may establish. (Based upon rec CC 1988)

69. There shall be payable, out of the Consolidated Revenue Fund of the Commonwealth, for the remuneration of the Ministers of State, such annual sum as is fixed by the Parliament. (Based upon rec CC 1988)

70. 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 President in Council, unless the appointment is delegated by the President in Council or by a law of the Commonwealth to some other authority.

71. The command in chief of the defence forces of the Commonwealth is vested in the Executive Council. (Based upon rec CC 1988).

72. 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 two, as the Parliament prescribes.

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

(i) Shall be appointed by the President in Council:

(ii) Shall not be removed except by the President 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 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 created by the Parliament 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 under his or her hand delivered to the President.

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.

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.

74. 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, or court exercising jurisdiction; or of the Supreme Court, or of any other courts of Commonwealth an appeal lies to the High Court:

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

But no exception of regulation prescribed by the Parliament shall prevent the High Court from hearing and determining any appeal from the Supreme Court in any matter in which at the establishment of the Commonwealth an appeal lies from such Supreme Court to the Queen in Council.

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) Between Regional Councils, or between a Regional Council and a resident of a Region:

(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:

77. With respect to any of the matters mentioned in the last two sections the Parliament may make laws defining the jurisdiction of any court other than the High Court:

78. The Parliament may make laws conferring rights to proceed against the Commonwealth or a Regional Council 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 prescribed.

80. The trial on indictment of any offence against any law of the Commonwealth shall be by jury.

83. All revenues or moneys raised or received by the Executive Government 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. But this shall not prevent the Parliament from making laws dealing with the levying of health, or medical insurance premiums or the collection of superannuation payments, while those laws also deal with the control, maintenance and disbursement of the funds thereof.

84. 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.

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

86. Rates of taxation, duties of customs and excise, and levels of bounties on production shall be uniform across the Commonwealth.

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

88. The Parliament may grant financial assistance to any Regional Council established by the Parliament on such terms and conditions as the Parliament thinks fit (Amendment rec CC 1988).

89. The Commonwealth shall not, by any law or regulation of trade, commerce, or revenue, give preference to one part of the Commonwealth over another part.

90. The Commonwealth shall not, by any law or regulation of trade or commerce, abridge the right of the people to the reasonable use of the waters of rivers for conservation or irrigation.

92. The Parliament may make laws delegating powers to, or removing powers from, the Regional Councils such that each has equal power.

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

94. An Australian citizen, resident in any part of the Commonwealth, shall not be subject in any other part of the Commonwealth to any disability or discrimination which would not be equally applicable to him or her if he or she were an Australian citizen resident in such other part. (Amendment to change obsolete words rec ACC 1976)

95. The Commonwealth shall protect its people against invasion and against domestic violence.

96. Until the Parliament otherwise provides, the seat of Government of the Commonwealth shall be the City of Canberra.

97. The President may with the advice of the Prime Minister appoint any person, or any persons jointly or severally, to be his or her delegate or delegates within any part of the Commonwealth, and in that capacity to exercise during his or her pleasure such powers and functions of the President as he or she thinks fit to assign to such delegate or delegates but the appointment of such delegate or delegates shall not affect the exercise by the President himself of any power or function. (Based upon rec CC 1988)

99. 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 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 amendment 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 President in Council 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 in each State and Territory 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 in a majority of the Regions, a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the President who shall assent to it.

I, A.B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to the Constitution of the Commonwealth of Australia according to law.