Parliament is that of trustee for the Empire, and that although the policy of reconstruction may be a different matter, the right of reconstruction undoubtedly rests with us. If, therefore, it were a fact that Australia as a whole was absolutely united on this question, if the clause exactly as it stands had been taken as the irrevocable and final decision of the Governments and the people of Australia, our position would no doubt be a very delicate and very difficult one, because, .., we recognize fully the unwisdom-I had almost said the impossibility-of pressing views on great self-governing communities to which they are absolutely opposed. . . . Fortunately Her Majesty's Government are not placed in this difficult position. . . . There is no such unanimity as should make us hesitate in a matter of this vast importance, at all events to take time, and for the present, at any rate, retain the right, of appeal . . . as [it] is now enjoyed by Canada, South Africa and India 1 After much negotiation with the delegates and the Colonial Governments, a compromise was arrived at, and Clause 74 was amended in Committee to the form in which it appears in the Act. Short title. Act to extend ACT OF PARLIAMENT ESTABLISHING THE CON- [63 & 64 Vict. cap. 12, "Law Reports: Public General Statutes," vol. 38 (1900), pp. 24-45.] AN Act to constitute the Commonwealth of Australia. [9th July, 1900.] WHEREAS the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established: And whereas it is expedient to provide for the admission into the Commonwealth of other Australasian Colonies and possessions of the Queen: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Commonwealth of Australia Constitution Act. 2. The provisions of this Act referring to the Queen to the Queen's shall extend to Her Majesty's heirs and successors in the sovereignty of the United Kingdom. successors. Proclamation of Commonwealth. 3. It shall be lawful for the Queen, with the advice of the Privy Council, to declare by proclamation that, on and after a day therein appointed, not being later than one year after the passing of this Act, the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, and also, if Her Majesty is satisfied that the people But of Western Australia have agreed thereto, of Western 4. The Commonwealth shall be established, and the CommenceConstitution of the Commonwealth shall take effect, on ment of Act. and after the day so appointed. But the Parliaments of the several colonies may at any time after the passing of this Act make any such laws, to come into operation on the day so appointed, as they might have made if the Constitution had taken effect at the passing of this Act. and laws. 5. This Act, and all laws made by the Parliament of Operation of the Commonwealth under the constitution, shall be bind- the constitution ing on the courts, judges, and people of every State and of every part of the Commonwealth, notwithstanding anything in the laws of any State; and the laws of the Commonwealth shall be in force on all British ships, the Queen's ships of war excepted, whose first port of clearance and whose port of destination are in the Commonwealth. 6. "The Commonwealth" shall mean the Common- Definitions. wealth of Australia as established under this Act. "The States" shall mean such of the colonies of New South Wales, New Zealand, Queensland, Tasmania, Victoria, Western Australia, and South Australia, including the northern territory of South Australia, as for the time being are parts of the Commonwealth, and such colonies or territories as may be admitted into or established by the Commonwealth as States; and each of such parts of the Commonwealth shall be called “ a State." Original States" shall mean such States as are parts of the Commonwealth at its establishment. Federal 7. The Federal Council of Australasia Act, 1885, is Repeal of hereby repealed, but so as not to affect any laws passed Council Act. by the Federal Council of Australasia and in force at the 48 & 49 Vict. establishment of the Commonwealth. Any such law may be repealed as to any State by the Parliament of the Commonwealth, or as to any colony not being a State by the Parliament thereof. c. 60. Application of Colonial Boundaries 8. After the passing of this Act the Colonial Boundaries Act, 1895, shall not apply to any colony which becomes a State of the Commonwealth; but the Commonwealth shall 58 & 59 Vict. be taken to be a self-governing colony for the purposes of Act, c. 34. Constitution. Chap. I. The Parliament. that Act. 9. The Constitution of the Commonwealth shall be as follows: Part III.-The House of Representatives: Part IV. Both Houses of the Parliament: Part V.-Powers of the Parliament: Chapter II. The Executive Government: Chapter III.-The Judicature : Chapter IV.-Finance and Trade : Chapter V.-The States: Chapter VI.-New States: Chapter VII.-Miscellaneous: Chapter VIII.-Alteration of the Constitution. Part I. General. Legislative power. Governor- 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, 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 Queen shall be Her Majesty's representative in the Commonwealth, and shall have and 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. Governor 3. There shall be payable to the Queen out of the Con- Salary of solidated Revenue fund of the Commonwealth, for the General. salary of the Governor-General, 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 Provisions. Governor-General extend and apply to the Governor- relating to General for the time being, or such person as the Queen General. 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 administration of the Government of the Commonwealth. 5. The Governor-General may appoint such times for Sessions of holding the sessions of the Parliament as he thinks fit, and Parliament. Prorogatiou may also from time to time, by Proclamation or otherwise, and dissolution. prorogue the Parliament, and may in like manner dissolve the House of Representatives. Parliament. After any general election the Parliament shall be Summoning 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 First session. than six months after the establishment of the Common wealth. 6. There shall be a session of the Parliament once Yearly session at least in every year, so that twelve months shall not of Parliament. 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 The Senate. State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate. 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 |