LEGISLATION AND STATUTORY INTERPRETATION
LAWS 1201 FOUNDATIONS OF AUSTRALIAN LAW
SEMESTER 1 2017 FINAL EXAM STUDY NOTES
THE CONSTITUTION OF AUSTRALIA WEEK 7
TITLE: Commonwealth of Australia Constitution Act (The Constitution)
DATE: 9 July 1900 (Assent), 1 January 1901 (Commencement)
PURPOSE: The supreme law under which the government of the Commonwealth of Australia operates,
which established Commonwealth and State authority once united.
PARLIAMENT: Parliament of the United Kingdom, Commonwealth of Australia Constitution Act 1900 (Imp)
FEATURES OF POWER:
• The Federal Parliament (Chapter I):
o The Queen (Part 1):
▪ Represented by the Governor-General (s 2).
o The Senate (Part II):
▪ Composed of senators for each State, voting
as one electorate (s 7).
▪ Each State must have the same number of
senators (excluding non-originals) (s 7).
▪ One senator is chosen as the President of
the Senate (s 17).
▪ Each senator has one vote, inc. President (s 23).
o The House of Representatives (Part III):
▪ Composed of members directly chosen by the people; the number of members
should be approximately twice the number of senators (s 24).
▪ The number of members chosen in each State should be in proportion to the
respective numbers of their people, given the formula of s 24 (s 24).
▪ One member is chosen as the Speaker of the House (s 35).
▪ Each member has one vote, not inc. Speaker unless equal (s 40).
o Powers of the Parliament (Part V):
▪ Making of laws for the peace, order, and good government of the Commonwealth,
including trade, commerce, taxation, debt, public services, military, quarantine,
scientific observations, census, currency, marriage, external affairs, amendments,
etc. (s51).
▪ When a proposed law is passed by both Houses of the Parliament it is presented to
the Governor-General for the Royal Assent, although it may be withheld (s 58).
• The Executive Government (Chapter II):
o The executive power is vested in the Queen, by the Governor-General (s 61), under
advisement of the Federal Executive Council (s 62).
o This power extends to the execution and maintenance of this Constitution, and of other laws
(s 61).
o Ministers of State may be appointed to administer departments of State (s 64).
• The Judicature (Chapter III):
o The judicial power of the Commonwealth is invested in the High Court of Australia and in
other federal courts (s 71).
o The High Court has appellate jurisdiction, and the judgment in all such cases is final and
conclusive (s 73).
REMAINING CHAPTERS: Covering clauses, Finance and Trade (Chapter IV), The States (V), New States
(VI), Miscellaneous (VII), Alteration of the Constitution (VIII).
NOTE: SEPARATION OF POWERS
An important constitutional principle which
avoids concentration of government
power by dividing it up between the three
arms of government; the legislature
(which enacts laws), the executive (which
applies those laws individually), and the
judiciary (which resolves disputes of law).
The Constitution establishes and
distinguishes the separation of powers
between these arms. (2.19)
