Understanding Australia's Constitution Act

The Commonwealth of Australia Constitution Act 1900 is an act of the Parliament of the United Kingdom that contains the Australian Constitution. The Act came into effect on 1 January 1901, uniting the six British colonies in Australia—New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania—into a single federated nation. The Act establishes the legislative and executive powers of the Commonwealth, with the legislative power vested in a Federal Parliament and the executive power vested in the Queen, exercised by the Governor-General as the Queen's representative. The Act also includes provisions on various matters such as trade, taxation, and the admission of new states.

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Transfer of property of State

The Commonwealth of Australia Constitution Act 1900 is an act of the Parliament of the United Kingdom that came into effect on 1 January 1901, marking the federation of six British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. These colonies became states within the new Commonwealth of Australia.

Regarding the transfer of property of a state, the Act includes provisions for the "Transfer of property of State" (Section 85) and related matters such as the "Consolidated Revenue Fund" (Section 81), "Expenditure charged thereon" (Section 82), and "Money to be appropriated by law" (Section 83). These sections outline the financial and administrative aspects of transferring property from one state to another within the Commonwealth of Australia.

The Act also covers various aspects of financial and trade relations within the Commonwealth. This includes uniform duties of customs (Section 88), payment to states before uniform duties (Section 89), and exclusive powers over customs, excise, and bounties (Section 90). The Act ensures that trade within the Commonwealth is free (Section 92) and provides for financial assistance to states (Section 96).

Additionally, the Act addresses the role of the states within the Commonwealth. States are prohibited from raising forces (Section 114) and coining money (Section 115). The Act also includes provisions for the admission and establishment of new states (Chapter VI) and the alteration of state limits (Section 123). States have the power to surrender territory (Section 111) and levy charges for inspection laws (Section 112). The Act further ensures the protection of states from invasion and violence (Section 119).

Overall, the "Transfer of property of State" section within the Commonwealth of Australia Constitution Act is part of a broader framework that governs financial, trade, and administrative matters relating to the states within the Commonwealth of Australia.

Proclamation of Commonwealth

The Commonwealth of Australia Constitution Act 1900 (63 & 64 Vict. c. 12 (Imp)) was granted royal assent on 9 July 1900, marking a significant step towards the federation of Australia. This Act provided the legal framework for the unification of the six British colonies in Australia—New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania—into a single federated nation under the Commonwealth of Australia.

The Act consists of nine sections, with Section 9 containing the Constitution itself. The Constitution, drafted between 1891 and 1898 through a series of conventions by representatives of the colonies, underwent approval by each state in referendums from 1898 to 1900. The final version was transmitted to London, where it was enacted as part of the Commonwealth of Australia Constitution Act.

The Proclamation of Commonwealth, as outlined in the Act, authorised Queen Victoria to formally proclaim the act of federation. On 17 September 1900, Queen Victoria proclaimed that as of 1 January 1901, the people of the colonies would be united in a Federal Commonwealth under the name of the Commonwealth of Australia. This proclamation established the Commonwealth and marked the commencement of the Constitution, which became the primary source of Australian constitutional law.

The Act also specified the role of the Queen and the Governor-General in the governance of the Commonwealth. The executive power of the Commonwealth was vested in the Queen, exercisable by the Governor-General as the Queen's representative. The Governor-General was empowered to appoint officers to administer departments of state and establish a Federal Executive Council to advise on the government of the Commonwealth.

Additionally, the Act addressed the legislative power of the Commonwealth, which was vested in a Federal Parliament consisting of the Queen, a Senate, and a House of Representatives. This Federal Parliament was granted the authority to repeal certain laws within the colonies and establish the Commonwealth as a self-governing entity. The Act also outlined provisions for the admission of new states, the protection of states' rights, and the transfer of property and financial responsibilities.

Federal Executive Council

The Commonwealth of Australia Constitution Act 1900, enacted as section 9 of the act of the Parliament of the United Kingdom, came into effect on 1 January 1901. The Act consists of nine sections, with Section 9 containing the Constitution itself.

Section 62 of the Australian Constitution establishes the Federal Executive Council, which advises the Governor-General of Australia on matters of the federal government. The Governor-General is, by convention, required to follow the advice of the Executive Council on almost all occasions, effectively giving the Council executive power. The Council is made up of all current and former Commonwealth ministers and assistant ministers, who are referred to as Councillors. These Councillors are entitled to the style 'The Honourable' for life.

The Governor-General is not a member of the Council but presides over meetings. In their absence, a member of the Cabinet is appointed to hold the position of Vice-President of the Executive Council to act as a presiding officer. The Federal Executive Council acts as a formal ratification body for decisions of the Cabinet. Most of the powers vested in the Governor-General, such as appointments and budget authorisations, are only exercisable under the advice of the Federal Executive Council.

A notable case of the Federal Executive Council's power in action was the appointment of Queensland Senator Glen Sheil as an Executive Councillor. After making public statements about apartheid that went against the government's attitude, Malcolm Fraser advised the Governor-General not to include Sheil in the ministry—advice that was followed, and Sheil's appointment was terminated.

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States' rights and limitations

The Commonwealth of Australia Constitution Act came into effect on 1 January 1901, marking the unification of six British colonies into states within the new Commonwealth of Australia. The Act outlines the rights and limitations of these states, which include:

Rights

• States may surrender territory.
• States may levy charges for inspection laws.
• States have exclusive power over customs, excise, and bounties (with some exceptions).
• States are recognised in the Commonwealth and their laws are recognised.
• States have the right to financial assistance from the Commonwealth.
• States are protected from invasion and violence.

Limitations

• States cannot raise forces or coin money.
• The Commonwealth cannot legislate in respect of religion.
• States cannot give preferences to trade within the Commonwealth.
• States cannot abridge the right to use water.
• States cannot make laws that apply to the Commonwealth.

It is important to note that the Constitution is not the exclusive source of Australian constitutional law; it operates alongside state constitutions, the Statute of Westminster 1931, the Australia Acts 1986, and judicial interpretations of these laws. The Constitution also ensures that the monarch of the UK is automatically the monarch of Australia, although this can be changed through succession legislation.

Constitutional links to the UK

The Commonwealth of Australia Constitution Act 1900 is an act of the Parliament of the United Kingdom. The Act was drafted between 1891 and 1898 by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania.

The Act came into effect on 1 January 1901, at which point the six colonies became states within the new Commonwealth of Australia. The Act contains nine sections, with the Australian Constitution contained within Section 9. The Act also authorised the Queen to proclaim the act of federation, which was done by Queen Victoria on 17 September 1900.

The Constitution Act contains several provisions that link the newly formed Commonwealth of Australia to the United Kingdom, primarily through the role of the Queen. Firstly, the Act establishes that the executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's representative. The Governor-General is appointed by the Queen and is responsible for executing and maintaining the Constitution and the laws of the Commonwealth. The Act also specifies that references to "the Queen" in the Constitution refer to "Her Majesty's heirs and successors", in the sovereignty of the United Kingdom. This ensures that the monarch of the United Kingdom is automatically the monarch of Australia as well.

Additionally, the Act provides for the continuation of certain British Imperial laws in force in Australia, and it restricts the power of the British Imperial Parliament to legislate with effect in Australian federal law. The UK's passage of the Statute of Westminster in 1931 further limited the UK's legislative power in Australia. However, the Statute did not remove all constitutional links to the UK. The UK retained the ability to appoint state governors, make laws that applied to the states, and an appeal to the UK Judicial Committee of the Privy Council remained in certain court cases. These remaining links were eventually removed in 1986 with the passage of the Australia Act, granting Australia full independence from the British Parliament and legal system.

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