Notes on the Constitution

Note 1

The Constitution as printed above contains all the alterations of the Constitution made up to 1 August 2017. These notes generally deal with matters up to that date. Particulars of the Acts by which the Constitution was altered are as follows:

Table of Amendments

ad. = added or inserted; am. = amended; rep. = repealed; rs. = repealed and substituted

Note 2

Covering clause 3 - The Proclamation under covering clause 3 was made on 17 September 1900 and is published in Gazette 1901, p. 1.

Note 3

Covering clause 5 - Cf. the Statute of Westminster Adoption Act 1942.

Note 4

Covering clause 7 - The following Acts have repealed Acts passed by the Federal Council of Australasia:

Defence Act 1903 (No. 20, 1903), s. 6

Pearl Fisheries Act 1952 (No. 8, 1952), s. 3 (Pearl Fisheries Act 1952 repealed by Continental Shelf (Living Natural Resources) Act 1968, s. 3)

Service and Execution of Process Act 1901 (No. 11, 1901), s. 2 (s. 2 subsequently repealed by Service and Execution of Process Act 1963, s. 3).

Note 5

Section 7 - The number of senators for each State was increased to 12 by the Representation Act 1983, s. 3.

Note 6

Section 9 - The following State Acts have been passed in pursuance of the powers conferred by s. 9:

Note 7

Section 13 was amended by the Constitution Alteration (Senate Elections) 1906, and previously read as follows:

"13. As soon as may be after the Senate first meets, and after each first meeting of the Senate following a dissolution thereof, the Senate shall 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 case 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."

Note 8

Section 14 - For the provisions applicable upon the increase in the number of senators to 12 made by the Representation Act 1983, see s. 3 of that Act.

Note 9

Section 15 was amended by the Constitution Alteration (Senate Casual Vacancies) 1977, and previously read as follows:

"15. If the place of a senator becomes vacant before the expiration of his term of service, the Houses of Parliament of the State for which he was 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 hereinafter 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.

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."

Note 10

Section 15 - The proposed law to alter the Constitution entitled "Constitution Alteration (Simultaneous Elections) 1977" was submitted to the electors in each State of the Commonwealth on 21 May 1977: it was not approved by a majority of all the electors voting in a majority of the States. See Gazette 1977, No. S100, p. 1.

Note 11

Section 29 - The following State Acts were passed in pursuance of the powers conferred by s. 29, but ceased to be in force upon the enactment of the Commonwealth Electoral Act 1902:

Note 12

Section 51 - The following Imperial Acts extended the legislative powers of the Parliament:

Note 13

Section 51 (xxiiiA) - This section was inserted by the Constitution Alteration (Social Services) 1946.

Note 14

Section 51 (xxvi) was amended by the Constitution Alteration (Aboriginals) 1967, and previously read as follows:

"(xxvi) the people of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws;"

Note 15

Section 51 (xxxvii) - The following Acts have been passed by the Parliaments of the States to refer matters to the Parliament or adopt a Commonwealth law under section 51 (xxxvii):

Note 16

Section 72 was amended by the Constitution Alteration (Retirement of Judges) 1977, and previously read as follows:

"72. The Justices of the High Court and of the other courts created by the Parliament:

1. shall be appointed by the Governor-General in Council;
2. shall not be removed except by the Governor-General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity;
3. shall receive such remuneration as the Parliament may fix; but the remuneration shall not be diminished during their continuance in office."

Note 17

Section 74 - See Privy Council (Limitation of Appeals) Act 1968, Privy Council (Appeals from the High Court) Act 1975 and Kirmani v Captain Cook Cruises Pty Ltd (No. 2); Ex parte Attorney-General (QLD) (1985) 159 CLR 461.

Note 18

Section 105 was amended by the Constitution Alteration (State Debts) 1909, and previously read as follows:

"105. The Parliament may take over from the States their public debts as existing at the establishment of the Commonwealth, or a proportion thereof according to the respective numbers of their people as shown by the latest statistics of the Commonwealth, and may convert, renew, or consolidate such debts, or any part thereof; and the States shall indemnify the Commonwealth in respect of the debts taken over, and thereafter the interest payable in respect of the debts shall be deducted and retained from the portions of the surplus revenue of the Commonwealth payable to the several States, or if such surplus is insufficient, or if there is no surplus, then the deficiency or the whole amount shall be paid by the several States."

Note 19

Section 105A - This section was inserted by the Constitution Alteration (State Debts) 1928.

Note 20

Section 126 - See clause IV of the Letters Patent relating to the Office of Governor-General, published in Gazette 2008 S179, pp. 3 and 4.

Note 21

Section 127 (titled "Aborigines not to be counted in reckoning population") was repealed by the Constitution Alteration (Aboriginals) 1967, and previously read as follows:

"127. In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted."

Note 22

Section 128 was amended by the Constitution Alteration (Referendums) 1977, and previously read as follows:

"128. This Constitution shall not be altered except in the following manner:

The proposed law for the alteration thereof must be passed by an absolute majority of each House of the Parliament, and not less than two nor more than six months after its passage through both Houses the proposed law shall be submitted in each State to the electors qualified to vote for the election of members of the House of Representatives.

But if either House passes any such proposed law by an absolute majority, and the other House rejects or fails to pass it, or passes it with any amendment to which the first-mentioned House will not agree, and if after an interval of three months the first-mentioned House in the same or the next session again passes the proposed law by an absolute majority with or without any amendment which has been made or agreed to by the other House, and such other House rejects or fails to pass it or passes it with any amendment to which the first-mentioned House will not agree, the Governor-General may submit the proposed law as last proposed by the first-mentioned House, and either with or without any amendments subsequently agreed to by both Houses, to the electors in each State qualified to vote for the election of the House of Representatives.

When a proposed law is submitted to the electors the vote shall be taken in such manner as the Parliament prescribes. But until the qualification of electors of members of the House of Representatives becomes uniform throughout the Commonwealth, only one-half the electors voting for and against the proposed law shall be counted in any State in which adult suffrage prevails.

And if in a majority of the States a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the Governor-General for the Queen's assent.

No alteration diminishing the proportionate representation of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representatives, or increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting in that State approve the proposed law."