Chap. I. The Parlia ment. Part I. General. Legislative power. Governor- Salary of Provisions relating to GovernorGeneral. Sessions of Frorogation and dissolu- Summoning First session. Yearly session of Parliament. Part II. The Senate. The Senate. Constitution Act. 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. 3. There shall be payable to the Queen out of the Consolidated Revenue fund of the Commonwealth, for the 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. 4. The provisions of this Constitution relating to the Governor-General extend and apply to the Governor-General for the time being, or such person as the Queen 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 holding the sessions of the Parliament as he thinks fit, and may also from time to time, by Proclamation or otherwise, prorogue the Parliament, and may in like manner dissolve the House of Representatives. After any general election the Parliament shall be 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 than six months after the establishment of the Commonwealth. 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. 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 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 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. Constitution Act. 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 Qualification which is prescribed by this Constitution, or by the Parliament, as the of electors. 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 Method of the method of choosing senators, but so that the method shall be uniform election of 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. senators. The Parliament of a State may make laws for determining the times and Times and places of elections of senators for the State. places. 10. Until the Parliament otherwise provides, but subject to this Con- Application of stitution, the laws in force in each State, for the time being, relating to State laws. 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 Failure to the failure of any State to provide for its representation in the Senate. choose senators, 12. The Governor of any State may cause writs to be issued for Issue of writs. 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 Rotation of meeting of the Senate following a dissolution thereof, the Senate shall senators. 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 diminished, the Parliament of the Commonwealth may make such provision provision for for the vacating of the places of senators for the State as it deems rotation. necessary to maintain regularity in the rotation. 15. If the place of a senator becomes vacant before the expiration of his Casual term of service, the Houses of Parliament of the State for which he was vacancies. 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 herein-after 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. Qualifications Election of Absence of senator. Vacancy by absence. Vacancy to be notified. Quorum. Voting in Part III. Representatives. Constitution of Constitution Act. 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 a member of the House of Representatives. 17. 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 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 may choose a senator to perform his duties in his absence. 19. A senator may, by writing addressed to the President, or to the Governor-General if there is no President or if the President is absent from the Commonwealth, resign his place, which thereupon shall become vacant. 20. The place of a senator shall become vacant if for two consecutive months of any session of the Parliament he, without the permission of the Senate, fails to attend the Senate. 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 House of Re- directly chosen by the people of the Commonwealth, and the number of presentatives. 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. Constitution Act. 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 Provision as persons of any race are disqualified from voting at elections for the more to races numerous House of the Parliament of the State, then, in reckoning the disqualified from voting. 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 Representamembers to be chosen in each State at the first election shall be as tives in first Parliament. follows: Provided that if Western Australia is an Original State, the numbers 27. Subject to this Constitution, the Parliament may make laws for Alteration of increasing or diminishing the number of the members of the House of number of Representatives. members. 28. Every House of Representatives shall continue for three years from Duration of the first meeting of the House, and no longer, but may be sooner dissolved House of Reby the Governor-General. presentatives. 29. Until the Parliament of the Commonwealth otherwise provides, the Electoral Parliament of any State may make laws for determining the divisions in divisions. each State for which members of the House of Representatives may be chosen, and the number of members to be chosen for each division. division shall not be formed out of parts of different States. In the absence of other provision, each State shall be one electorate. A 30. Until the Parliament otherwise provides, the qualification of electors Qualification of members of the House of Representatives shall be in each State that of electors. 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 relat ng 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. 32. The Governor-General in Council may cause writs to be issued for Writs for general elections of members of the House of Representatives. general After the first general election, the writs shall be issued within ten election. days from the expiry of a House of Representatives or from the proclamation of a dissolution thereof. 33. Whenever a vacancy happens in the House of Representatives, the Writs for Speaker shall issue his writ for the election of a new member, or if there vacancies. Qualifications of members. Election of Absence of Resignation of Vacancy by absence. Quorum. Voting in House of Representatives. Part IV. Both Houses of the Parliament. Right of electors of States. Oath or affirmation of allegiance. Member of one Constitution Act. is no Speaker or if he is absent from the Commonwealth the GovernorGeneral in Council may issue the writ. 34. Until the Parliament otherwise provides, the qualifications 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 of the House of Representatives, or a person qualified to become such elector, and must have been for three years at the least a resident within the limits of the Commonwealth as existing at the time when he is chosen : (ii.) He must be a subject of the Queen, either natural-born or for at least five years naturalized under a law of the United Kingdom, or of a Colony which has become or becomes a State, or of the Commonwealth, or of a State. 35. The House of Representatives shall, before proceeding to the despatch 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 cease to hold his office if he ceases to be a member. He may be removed from office by a vote of the House, or he may resign his office or his seat by writing addressed to the Governor-General. 36. Before or during any absence of the Speaker, the House of Representatives may choose a member to perform his duties in his absence. 37. A member may by writing addressed to the Speaker, or to the Governor-General if there is no Speaker or if the Speaker is absent from the Commonwealth, resign his place, which thereupon shall become vacant. 38. The place of a member shall become vacant if for two consecutive months of any session of the Parliament he, without the permission of the House, fails to attend the House. 39. 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. 40. 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 shall have a casting vote. PART IV. BOTH HOUSES OF THE PARLIAMENT. 41. No adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth. 42. Every senator and every member of the House of Representatives shall before taking his seat make and subscribe before the GovernorGeneral, or some person authorised by him, an oath or affirmation of allegiance in the form set forth in the schedule to this Constitution. 43. A member of either House of the Parliament shall be incapable of House ineligible being chosen or of sitting as a member of the other House. for other. |