Chapter VI.-New States:

Chapter VII.-Miscellaneous:

Chapter VIII.-Alteration of the Constitution.

The Schedule.

CHAPTER I.-THE PARLIAMENT.

PART I.-GENERAL.

CHAPTER I. THE PARLIAMENT

PART I. GENERAL.

1. The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen, a Senate, Legislative and a House of Representatives, and which is hereinafter called power. "The Parliament," or "The Parliament of the Commonwealth."

2. A Governor-General appointed by the Queen shall be Her GovernorMajesty's representative in the Commonwealth, and shall have and General. may exercise in the Commonwealth during the Queen's pleasure, but subject to this Constitution, such powers and functions of the Queen as Her Majesty may be pleased to assign to him.

General.

3. There shall be payable to the Queen out of the Consolidated Salary of Revenue fund of the Commonwealth, for the salary of the Governor-GovernorGeneral, an annual sum which, until the Parliament otherwise. provides, shall be ten thousand pounds.

The salary of a Governor-General shall not be altered during his continuance in office.

Governor

4. The provisions of this Constitution relating to the Governor- Provisions General extend and apply to the Governor-General for the time relating to being, or such person as the Queen may appoint to administer the General. 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 administration of the Government of the Commonwealth.

Sessions of

Parliament.
Prorogation and

5. The Governor-General may appoint such times for holding the sessions of the Parliament as he thinks fit, and may also from time to time, by Proclamation or otherwise, prorogue the Parliament, Dissolution. and may in like manner dissolve the House of Representatives.

After any general election the Parliament shall be summoned to summoning meet not later than thirty days after the day appointed for the Parliament. return of the writs.

The Parliament shall be summoned to meet not later than six First session. months after the establishment of the Commonwealth.

of Parliament.

6. There shall be a session of the Parliament once at least in Yearly session 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.

PART II.--THE SENATE.

PART II

THE SENATE.

7. The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, until the The Senate. Parliament otherwise provides, as one electorate.

Qualification of electors.

Method

of election of senators.

Times and places.

Application of
State laws.

Failure to

choose senators.

Issue of writs.

Rotation of senators.

But until the Parliament of the Commonwealth otherwise provides, the Parliament of the State of Queensland, if that State be an Original State, may make laws dividing the State into divisions and determining the number of senators to be chosen for each division, and in the absence of such provision the State shall be one electorate.

Until the Parliament otherwise provides there shall be six senators for each Original State. The Parliament may make laws increasing or diminishing the number of senators for each State, but so that equal representation of the several Original States shall be maintained and that no Original State shall have less than six senators.

The senators shall be chosen for a term of six years, and the names of the senators chosen for each State shall be certified by the Governor to the Governor-General.

8. The qualification of electors of senators shall be in each State that which is prescribed by this Constitution, or by the Parliament, as the qualification for electors of members of the House of Representatives; but in the choosing of senators each elector shall 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 the States. Subject to any such law, the Parliament of each State may make laws prescribing the method of choosing the senators for that State.

The Parliament of a State may make laws for determining the times and places of elections of senators for the State.

10. Until the Parliament otherwise provides, but subject to this Constitution, the laws in force in each State, for the time being, relating to elections for the more numerous House of the Parliament of the State shall, as nearly as practicable, apply to elections of senators for the State.

11. The Senate may proceed to the despatch of business, notwithstanding the failure of any State to provide for its representation in the Senate.

12. The Governor of any State may cause writs to be issued for elections of senators for the State. In case of the dissolution of the Senate the writs shall be issued within ten days from the proclamation of such dissolution.

13. 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 chosen for each State 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 expiration of the third year, and the places of those of the second class at the expiration. of the sixth year, from the beginning of their term of service; and afterwards the places of senators shall become vacant at the expiration of six years from the beginning of their term of service.

The election to fill vacant places shall be made in the year at the expiration of which the places are to become vacant.

For the purposes of this section the term of service of a senator shall be taken to begin on the first day of January following the day of his 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 January preceding the day of his election.

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

vacancies.

15. If the place of a senator becomes vacant before the expira- Casual tion of his term of service, the Houses of Parliament of the State for which he was chosen shall, sitting and voting together, choose a person to hold the place until the expiration of the term, or until the election of a successor as hereinafter provided, whichever first happens. But if the Houses of Parliament of the State are not in session at the time when the vacancy is notified, the Governor of the State, with the advice of the Executive Council thereof, may appoint a person to hold the place until the expiration of fourteen days after the beginning of the next session of the Parliament of the State, or until the election of a successor, whichever first happens.

At the next general election of members of the House of Representatives, or at the next election of senators for the State, whichever first happens, a successor shall, if the term has not then expired, be chosen to hold the place from the date of his election until the expiration of the term.

The name of any senator so chosen or appointed shall be certified by the Governor of the State to the Governor-General.

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

senator.

17. The Senate shall, before proceeding to the despatch of any Election of other business, choose a senator to be the President of the Senate; President. 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 office if he ceases to be a senator. He may be removed from office by a vote of the Senate, or he may resign his office or his seat by writing addressed to the Governor-General.

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

President.

19. A senator may, by writing addressed to the President, or to Resignation of the Governor-General if there is no President or if the President is senator. absent from the Commonwealth, resign his place, which thereupon shall become vacant.

absence.

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

Vacancy to be notified.

Quorum.

Voting in
Senate.

PART III.
HOUSE OF

REPRESENTA-
TIVES.

Constitution of

House of

Representatives.

Provision

as to races

disqualified from voting.

Representatives

in first Parliament.

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 Governor-General, shall notify the same to the Governor of the State in the representation of which the vacancy has happened.

22. 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.

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.

PART III. THE HOUSE OF REPRESENTATIVES.

24. 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, as nearly as practicable, twice the number

of the senators.

The number of members chosen in the several States shall be in proportion to the respective numbers of their people, and shall, until the Parliament otherwise provides, be determined, whenever necessary, in the following manner :—

(i.) A quota shall be ascertained by dividing the number of the people of the Commonwealth, as shown by the latest statistics of the Commonwealth, by twice the number of the senators :

(ii.) The number of members to be chosen in each State shall be determined by dividing the number of the people of the State, as shown by the latest statistics of the Commonwealth, by the quota; and if on such division there is a remainder greater than one-half of the quota, one more member shall be chosen in the State.

But notwithstanding anything in this section, five members at least shall be chosen in each Original State.

25. For the purposes of the last section, if by the law of any State all persons of any race are disqualified from voting at elections for the more numerous House of the Parliament of the State, then, in reckoning the number of the people of the State or of the Commonwealth, persons of that race resident in that State shall not be counted.

26. Notwithstanding anything in section twenty-four, the number of members to be chosen in each State at the first election shall be as follows:

Provided that if Western Australia is an Original State, the numbers

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.

29. Until the Parliament of the Commonwealth otherwise provides, the Parliament of any State may make laws for determining the divisions in each State for which members of the House of Representatives may be chosen, and the number of members to be chosen for each division. A division shall not be formed out of parts of different States.

In the absence of other provision, each State shall be one electorate.

Alteration of number of

members.

Duration of
Representatives.

House of

Electoral

divisions.

30. Until the Parliament otherwise provides, the qualification of Qualification of electors of members of the House of Representatives shall be in electors. each State that which is prescribed by the law of the State as the qualification of electors of the more numerous House of Parliament of the State; but in the choosing of members each elector shall vote only once.

State laws.

31. Until the Parliament otherwise provides, but subject to this Application of Constitution, the laws in force in each State for the time being relating to elections for the more numerous House of the Parliament of the State shall, as nearly as practicable, apply to elections in the State of members of the House of Representatives.

general election.

32. The Governor-General in Council may cause writs to be Writs for issued for general elections of members of the House of Representa

tives.

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.

vacancies.

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

the Governor-General in Council may issue the writ.

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

(i.) He must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of members