Appropriation Tax Bill. Recommenda tion of money votes. Disagreement between the Houses. Royal assent to Bills. Recommenda tions by GovernorGeneral. Disallowance Constitution Act. Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws. 54. The proposed law which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation. 55. 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. 56. 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 Governor-General to the House in which the proposal originated. 57. 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 Governor-General 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 Governor-General 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 Governor-General for the Queen's assent. 58. When a proposed law passed by both Houses of the Parliament is presented to the Governor-General for the Queen's assent, he shall declare, according to his discretion, but subject to this Constitution, that he assents in the Queen's name, or that he withholds assent, or that he reserves the law for the Queen's pleasure. The Governor-General may return to the House in which it originated any proposed law so presented to him, and may transmit therewith any amendments which he may recommend, and the Houses may deal with the recommendation. 59. The Queen may disallow any law within one year from the Governorby the Queen. General's assent, and such disallowance on being made known by the Constitution Act. Governor-General by speech or message to each of the Houses of the Parliament, or by Proclamation, shall annul the law from the day when the disallowance is so made known. 60. A proposed law reserved for the Queen's pleasure shall not have any Signification force unless and until within two years from the day on which it was of Queen's presented to the Governor-General for the Queen's assent the Governor- pleasure on General makes known, by speech or message to each of the Houses of the Bills reserved. Parliament, or by Proclamation, that it has received the Queen's assent. CHAPTER II. THE EXECUTIVE GOVERNMENT. Chap. II. The Government. 61. The executive power of the Commonwealth is vested in the Queen Executive and is exerciseable by the Governor-General as the Queen's representative, power. and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth. 62. There shall be a Federal Executive Council to advise the Governor- Federal General in the government of the Commonwealth, and the members of the Executive Council shall be chosen and summoned by the Governor-General and sworn Council. as Executive Councillors, and shall hold office during his pleasure. 63. The provisions of this Constitution referring to the Governor-General Provisions in Council shall be construed as referring to the Governor-General acting referring to with the advice of the Federal Executive Council. Governor- 64. The Governor-General may appoint officers to administer such Ministers of departments of State of the Commonwealth as the Governor-General in State. Council may establish. Such officers shall hold office during the pleasure of the Governor-General. They shall be members of the Federal Executive Council, and shall be the Queen's Ministers of State for the Commonwealth. After the first general election no Minister of State shall hold office for Ministers to sit a longer period than three months unless he is or becomes a senator or a in Parliament. member of the House of Representatives. 65. Until the Parliament otherwise provides, the Ministers of State shall Number of not exceed seven in number, and shall hold such offices as the Parliament Ministers. prescribes, or, in the absence of provision, as the Governor-General directs. 66. There shall be payable to the Queen, out of the Consolidated Revenue Salaries of Fund of the Commonwealth, for the salaries of the Ministers of State, an Ministers. annual sum which, until the Parliament otherwise provides, shall not exceed twelve thousand pounds a year. 67. Until the Parliament otherwise provides, the appointment and Appointment removal of all other officers of the Executive Government of the Common- of civil wealth shall be vested in the Governor-General in Council, unless the servants. appointment is delegated by the Governor-General in Council or by a law of the Commonwealth to some other authority. 68. The command in chief of the naval and military forces of the Command of Commonwealth is vested in the Governor-General as the Queen's naval and representative. military forces. 69. On a date or dates to be proclaimed by the Governor-General after Transfer of the establishment of the Commonwealth the following departments of the certain departments. C 2 Certain powers Constitution Act. public service in each State shall become transferred to the Commonwealth: Posts, telegraphs, and telephones: Naval and military defence: Lighthouses, lightships, beacons, and buoys: But the departments of customs and of excise in each State shall become transferred to the Commonwealth on its establishment. 70. 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 Executive Council, or in any authority of a Colony, shall vest in the Governor-General, or in the Governor-General in Council, or in the authority exercising similiar powers under the Commonwealth, as the case requires. Chap. III. The Judicature. Judicial power and Courts. Judges' appointment, tenure, and remuneration. Appellate jurisdiction of High Court. CHAPTER III. THE JUDICATURE. 71. The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes. 72. The Justices of the High Court and of the other courts created by the Parliament (i.) Shall be appointed by the Governor-General in Council: (iii.) Shall receive such remuneration as the Parliament may fix; but 73. 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 federal court, or court exercising federal jurisdiction; or of the Supreme Court of any State, or of any other court of any State from which at the establishment of the Commonwealth an appeal lies to the Queen in Council: (iii.) Of the Inter-State Commission, but as to questions of law only: and the judgment of the High Court in all such cases shall be final and conclusive. But no exception or regulation prescribed by the Parliament shall prevent the High Court from hearing and determining any appeal from the Supreme Court of a State in any matter in which at the establishment of the Commonwealth an appeal lies from such Supreme Court to the Queen in Council. Constitution Act. Until the Parliament otherwise provides, the conditions of and restrictions on appeals to the Queen in Council from the Supreme Courts of the several States shall be applicable to appeals from them to the High Court. 74. No appeal shall be permitted to the Queen in Council from a decision Appeal to of the High Court upon any question, howsoever arising, as to the limits Queen in Council. inter se of the Constitutional powers of the Commonwealth and those of any State or States, or as to the limits inter se of the Constitutional powers of any two or more States, unless the High Court shall certify that the question is one which ought to be determined by Her Majesty in Council. The High Court may so certify if satisfied that for any special reason the certificate should be granted, and thereupon an appeal shall lie to Her Majesty in Council on the question without further leave. Except as provided in this section, this Constitution shall not impair any right which the Queen may be pleased to exercise by virtue of Her Royal prerogative to grant special leave of appeal from the High Court to Her Majesty in Council. The Parliament may make laws limiting the matters in which such leave may be asked, but proposed laws containing any such limitation shall be reserved by the Governor-General for Her Majesty's pleasure. 75. In all matters (i.) Arising under any treaty : (ii) Affecting consuls or other representatives of other countries: (iv.) Between States, or between residents of different States, or (v.) In which a writ of Mandamus or prohibition or an injunction is the High Court shall have original jurisdiction. Original 76. The Parliament may make laws conferring original jurisdiction on Additional 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: (iv.) Relating to the same subject-matter claimed under the laws of different States. 77. With respect to any of the matters mentioned in the last two sections the Parliament may make laws (i.) Defining the jurisdiction of any federal court other than the High Court: (ii.) Defining the extent to which the jurisdiction of any federal court shall be exclusive of that which belongs to or is invested in the courts of the States: (iii.) Investing any court of a State with federal jurisdiction. 78. The Parliament may make laws conferring rights to proceed against the Commonwealth or a State in respect of matters within the limits of the judicial power. original jurisdiction. Power to define jurisdiction. Proceedings against Commonwealth or State. 79. The federal jurisdiction of any court may be exercised by such Number of number of judges as the Parliament prescribes. judges. 80. The trial on indictment of any offence against any law of the Trial by jury. Commonwealth shall be by jury, and every such trial shall be held in the State where the offence was committed, and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes. Chap. IV. Finance and Consolidated Revenue Expenditure charged thereon. Money to be appropriated by law. Transfer of officers. Transfer of property of State. Constitution Act. CHAPTER IV. FINANCE AND TRADE. 81. All revenues or moneys raised or received by the Executive Government of the Commonwealth 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. 82. 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. 83. No money shall be drawn from the Treasury of the Commonwealth except under appropriation made by law. But until the expiration of one month after the first meeting of the Parliament the Governor-General in Council may draw from the Treasury and expend such moneys as may be necessary for the maintenance of any department transferred to the Commonwealth and for the holding of the first elections for the Parliament. 84. When any department of the public service of a State becomes 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 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 office. Such Any such officer who is retained in the service of the Commonwealth shall preserve all his 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 service with the Commonwealth were a continuation of his service with the State. pension or retiring allowance shall be paid to him by the Commonwealth; but the State shall pay to the Commonwealth a part thereof, to be calculated on the proportion which his term of service with the State bears to his whole term of service, and for the purpose of the calculation his salary shall be taken to be that paid to him by the State at the time of the transfer. Any officer who is, at the establishment of the Commonwealth, in the public service of a State, and who is, by consent of the Governor of the State, with the advice of the Executive Council thereof, transferred to the public service of the Commonwealth, shall have the same rights as if he had been an officer of a department transferred to the Commonwealth and were retained in the service of the Commonwealth. 85. When any department of the public service of a State is transferred to the Commonwealth (i.) All property of the State of any kind, used exclusively in connexion with the department, shall become vested in the Commonwealth; but, in the case of the departments controlling customs and excise and bounties, for such time only as the Governor-General in Council may declare to be necessary: (ii.) The Commonwealth may acquire any property of the State, of any kind used, but not exclusively used in connexion with the department; the value thereof shall, if no agreement can be made, be ascertained in, as nearly as may be, the manner in which the value of land, or of an |