The australian constitution is actually the commonwealth of australia constitution act 1900, which was passed through the united kingdom parliament. If were not going to present the text of the act as passed by the uk parliament, should we really be tagging it pdukgov. The current constitution of tasmania is a hybrid mix of written federal and state legislation and unwritten common law and convention sources. 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. Official text of commonwealth of australia constitution act 1900 c. The first four referendums were held in new south wales, south australia, tasmania and. The legal document that sets out the basic rules for the government of australia.
What is the commonwealth of australia constitution act. National archives of australia s virtual reading room vrroom is an ever growing set of federal government records from the national archives collection. Commonwealth of australia constitution act 1900 uk significance this is the blueprint of the commonwealth, setting out how the new federation would be established and the guidelines for the way australians would shape their nation. Thereas 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.
Text of the constitution of australia as in force today including any amendments within the united kingdom, from legislation. Oct 10, 20 the version currently presented here is the constitution as amended. The western australian referendum was not held until three weeks after the commonwealth of australia constitution act became law hence the wording of the preamble to the act and clause 3, which provides for the queen to issue a proclamation of the date of inauguration of the commonwealth. An act to constitute the commonwealth of australia 9 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.
Act to extend to the queens successors the provisions of this act referring to the queen shall extend to her majestys heirs and successors in the sovereignty of the united kingdom. Even though the constitution was originally given legal force by an act of the united kingdom parliament, the australia act 1986 removed. In the 1890s, a series of constitutional conventions took place to discuss cooperative approaches to the development of australia as a nation. Constitution uc referencing guide uc library guides at. Commonwealth of australia constitution act 1900 commonwealth of australia constitution act 1900 qld reprinted as at 31 december 1983 pdf download pdf, 4mb additional information. Australia s constitution is a product of foreign and domestic political influences. The commonwealth of australia constitution act is the primary constitutional text of the commonwealth of australia. Commonwealth of australia constitution act transcript pdf. The commonwealth of australia constitution act 1900 imp was given royal assent on 9 july 1900, was proclaimed on 17 september 1900, and entered into force on 1 january 1901. Commonwealth of australia constitution v local council long. We were a colony of britain when this act was proclaimed on the 1st of january 1901, but in 1907, the british parliament changed australia s status to that of a dominion.
Commonwealth of australia constitution act, 9th july, 1900. The commonwealth shall be established, and the constitution of the commonwealth shall take effect, on and after. The primary source of authority for the state constitution is the commonwealth constitution particularly section 106 and the australia acts cthuk. The current constitution tasmanian constitutional law. The constitution of the commonwealth of australia and how to.
The first two pages of the act are the nine clauses of the british act. Part v powers of the parliament parliament of australia. An act to constitute the commonwealth of australia. The annotated constitution of the australian commonwealth by. As every legally trained person knows, this australian constitution act is the. Where necessary, the australian constitution may also be referred to within its enacting legislation as. Commonwealth of australia constitution act federal register of. The commonwealth of australia belong to the crown and the people commonwealth of australia constitution act from 1st january 1901 preamble whereas the people of new south wales, victoria, south australia, western australia, queensland, and tasmania, humbly relying on the blessing of almighty god, have agreed to. Although federation is often regarded as the moment of independence of australia from britain, legally the commonwealth was a creation of the british imperial parliament, through the commonwealth of australia constitution act 1900 imp, which applied to australia by paramount force. In australia they are referred to, respectively, as the australia act 1986 cth and the australia act 1986 uk.
Full text of the annotated constitution of the australian commonwealth see other formats. Operation of the constitution and laws see note 3 6. It gained royal assent was made law on 9 july 1900. The commonwealth of australia constitution act 1900 known as the australian constitution was passed by the british parliament on 5 july 1900. Even though the constitution was originally given legal force by an act of the. The commonwealth of australia constitution act 1900 uk the name says it all and this is a copy of the original document bearing the proper seal. This work has been reproduced with the kind permission of mrs w. Commentaries on the constitution of the commonwealth of australia. Constitution act 1902 no 32 section 5 historical version for 25. Commonwealth of australia constitution act clause 9 constitution see note 1.
The legal basis for federation was provided by the australian constitution, which sets out the basic rules for our system of government. This item of legislation is currently only available in its original format. The australian constitution was drafted at a series of constitutional conventions held in the 1890s. The commonwealth of australia constitution act 1900 uk as a british statute.
This act may be as ghe commonwealth of australia short title. The constitution was approved in a series of referendums held over 1898 1900 by the people of the australian colonies, and the approved draft was enacted as a section of the commonwealth of australia constitution act 1900 imp, an act of the parliament of the united kingdom. What is the commonwealth of australia constitution act 1900. The constitution of the commonwealth of australia moore, w harrison, sir 18671935 a digital text sponsored by new south wales centenary of federation committee university of sydney library sydney 2000. Commonwealth of australia constitution act 1901 proclaimed and gazetted. An act to constitute the commonwealth of australia 9th july 1900 at the time just before federation, australia consisted of six colonies. The constitution act is an enabling document or an act to constitute the commonwealth of australia and it does set out the conditions that enabled australia to federate. Constitution of australia wikipedia republished wiki 2. This is the original version as it was originally enacted. The commonwealth of australia constitution act 1900 has 9 parts and the ninth part contains the commonwealth constitution.
The constitution of a federal commonwealth by analysing original sources and evaluating conceptual frameworks, nicholas aroney discusses the idea proclaimed in the preamble to the constitution that australia is a federal commonwealth. Commonwealth of australia constitution act 7 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. The federal attorneygeneral gave the opinion that halfcastes are not aboriginal within the meaning of section 127 of the australian constitution, and should therefore be included. The first of those is the preamble, which states that it is we, the people that have the power to bring the commonwealth of australia.
The constitution of australia, or australian constitution, is the supreme law under which the. The british parliament agreed by passing the australian constitution public record copy act 1990. As amended, its no longer a work of the uk government. Commonwealth of australia constitution act 1900 qut. Section 117 of the constitution of australia wikimili. Commonwealth of australia constitution act the australian. This united the colonies as a nation and provided for national government. This act may be cited as the commonwealth of australia constitution act. A series of referendums on the proposed constitution of australia were held between 2 june 1898 and 31 july 1900 in the six colonies that were to become the states of the commonwealth of australia. All quotation marks retained as data all unambiguous endofline hyphens have been removed, and the trailing part of a word has been joined to the preceding line. Pdf downloads the commonwealth of australia constitution act 1900 uk the name says it all and this is a copy of the original document bearing the proper seal. The australian constitution parliament of australia. The annotated constitution of the australian commonwealth.
To turn six colonies into the commonwealth of australia required an act from the uk parliament. Commonwealth of australia constitution act table of provisions long title preamble 1. Commonwealth of australia constitution v local council. Act was, the british colony of the commonwealth of australia constitution act 1900 uk. But the queen may, at any time after the proclamation, appoint a governorgeneral for the commonwealth. Full text of the australian constitution available in chapters, on a single page, or sectionbysection. Commonwealth of australia constitution act wikisource. The most important law in australia australias magna carta.
However, there are some important parts to take note of before you get to part 9. The commonwealth of australia constitution act 1900 is the single most important piece of legislation in this country and dictates precisely what the state and federal governments can and cannot lawfully do. If you wish to read the preamble and constitution from the original source be sure to click on the hyper link below. Australian governmentthe commonwealth constitution. It provided the new system of government for the new federation, which consisted at its inception on 1 january 1901 of the former separate colonies of new south wales, victoria, south australia. Aboriginal natives shall not be counted australian.
Commonwealth of australia constitution act the constitution. Commonwealth of australia constitution act 1901 pdf. Section 109 of the constitution of australia wikipedia. The commonwealth of australian constitution act 1900 was passed by the british parliament in westminster on 9 july 1900, received royal assent from queen victoria later that day, and entered into force on 1 january 1901. 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. Vrroom is a tool for 20th century australian history, civics and citizenship and more. The act made no reference to aborigines, but the bureau needed to define aboriginal natives when census taking. Listen to commonwealth of australia constitution act duration. Full text of the annotated constitution of the australian. The constitution is also the blueprint for the lives of australians, providing the authority for the powers by which. Although federation made australia independent of britain, legally the commonwealth was a creation of the british imperial parliament, through the commonwealth of australia constitution act 1900. Commonwealth of australia constitution act parliament of. Melbourne wikipedia citation please see wikipedias template documentation for further citation fields that may be required. The australia act 1986 is the short title of each of a pair of separate but related pieces of legislation.
The commonwealth of australia constitution act 1900 imp was given royal assent on 9 july 1900, was proclaimed on 17 september 1900, and entered. Constitution of australia simple english wikipedia, the. Number commonwealth of australia constitution act 1900 pinpoint. It shall be lawful for the been, with the of the privy council. Commentaries on the constitution of the commonwealth of. Australias constitution of 1901 with amendments through 1985. Tomorrow marks the 116th anniversary of the most important law in australian history. The australian constitution was then passed as part of a british act of parliament in 1900, and took effect on 1 january.
Commonwealth of australia constitution act of 9 july 1900. The constitution was enacted as an act of the united kingdom in 1900. Technically it was a vote on the constitution alteration senate elections bill 1906, which after being approved in. Constitutions of the australian states should be cited as normal statues. From the annotated constitution of the commonwealth of australia quick and garran. Australian legal materials referencing libguides at.
The constitution of the commonwealth of australia may be referred to as the australian constitution, the commonwealth constitution or simply the constitution if there is no ambiguity. Cole v whitfield, was a landmark high court of australia decision where the court overruled two long settled approaches to the interpretation of the constitution, that no regard could be had to the debates of constitutional conventions in the interpretation of the constitution, and that the words absolutely free in section 92 of the constitution of australia, protected a personal individual. The people of australia voted in referendums from 1898 1900 to accept the constitution. Commonwealth of australia constitution act preamble. The parliament shall, subject to this constitution, have power 12 to make laws for the peace, order, and good government of the commonwealth with respect to trade and commerce with other countries, and among the states. Entry on the origins, development, structure and evolution of the australian constitution at documenting a democracy. Free australian citizenship test what is the commonwealth of australia constitution act 1900. It was passed by the british parliament as part of the commonwealth of australia constitution act 1900 and took effect on 1 january 1901.
The australian referendum of 12 december 1906 approved an amendment to the australian constitution related to the terms of office of federal senators. Australia became a nation on 1 january 1901, when the six colonies federated. It provided the new system of government for the new federation, which consisted at its inception on 1 january 1901 of new south wales victoria south australia. It has become one of the enduring aspects of australian politics and law, for better and worse. The constitution was then passed as a part of the commonwealth of australia constitution act 1900 imp, an act of the parliament of the united kingdom. 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. Commonwealth of australia constitution act 1900 legislation. All quotation marks retained as data all unambiguous end of line hyphens have been removed, and the trailing part of a word has been joined to the preceding line.
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