Simone Lawson
The Commonwealth of Australia Constitution Act 1900 was an act of the Parliament of the United Kingdom that enacted the Constitution of Australia. The Act united the six British colonies of New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania into a single federated nation under the Crown of the United Kingdom, establishing the Commonwealth of Australia. The Act consists of nine sections, with Section 9 containing the Constitution itself. The Act received royal assent on 9 July 1900 and came into effect on 1 January 1901, marking the birth of the Commonwealth of Australia as a self-governing colony within the British Empire.
| Characteristics | Values |
|---|---|
| Date of royal assent | 9 July 1900 |
| Date of coming into effect | 1 January 1901 |
| Number of sections | 9 |
| Number of colonies that became states | 6 |
| Names of colonies that became states | New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania |
| Legislative power | Federal Parliament, consisting of the Queen, a Senate, and a House of Representatives |
| Governor-General | Appointed by the Queen, representing her in the Commonwealth |
| Constitutional links to the UK | Removed in 1986 with the passage of the Australia Act |
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What You'll Learn
- The Act unites the colonies of New South Wales, Victoria, Queensland, and Tasmania under the UK Crown
- It establishes the Commonwealth of Australia as a self-governing colony
- The Act outlines the legislative power of the Commonwealth, including the Queen, Senate, and House of Representatives
- The Queen may appoint a Governor-General as her representative in the Commonwealth
- The Act came into effect on 1 January 1901, with the six colonies becoming states
The Act unites the colonies of New South Wales, Victoria, Queensland, and Tasmania under the UK Crown
The Commonwealth of Australia Constitution Act, enacted in 1900, united the colonies of New South Wales, Victoria, Queensland, and Tasmania under the UK Crown. The Act also included South Australia and Western Australia, which joined to ensure it would be an "original state".
The Act was the result of a series of conventions held by representatives of the six self-governing British colonies in Australia between 1891 and 1898. The final draft of the Constitution was approved by each state through referendums from 1898 to 1900. After some modifications, the UK Parliament enacted the Constitution as Section 9 of the Commonwealth of Australia Constitution Act 1900, with the Act receiving royal assent from Queen Victoria on July 9, 1900.
The Act established a Federal Commonwealth, with the colonies uniting under the name of the Commonwealth of Australia. The Act provided for a Federal Parliament, consisting of the Queen, a Senate, and a House of Representatives. The Queen was given the power to appoint a Governor-General as her representative in the Commonwealth, who could exercise certain powers and functions on her behalf.
While the Act brought the colonies together under a united Commonwealth, it did not sever all ties with the UK. The UK retained the ability to appoint state governors and make laws that applied to the states. Additionally, an appeal to the UK Judicial Committee of the Privy Council remained in place for certain court cases. These remaining constitutional links to the UK were eventually removed in 1986 with the passage of the Australia Act, marking Australia's full independence from the British Parliament and legal system.
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It establishes the Commonwealth of Australia as a self-governing colony
The Commonwealth of Australia Constitution Act 1900 established the Commonwealth of Australia as a self-governing colony, marking a significant step towards Australian independence from British rule.
The Act came into effect on 1 January 1901, following its enactment as section 9 of the Commonwealth of Australia Constitution Act 1900, an act of the Parliament of the United Kingdom. This legislation transformed six British colonies—New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania—into a single federated nation, known as the Commonwealth of Australia.
The process of drafting the Constitution spanned several years, from 1891 to 1898, through a series of conventions led by representatives of these self-governing British colonies in Australia. The final draft was then approved by each state through referendums held between 1898 and 1900. After some modifications, the Constitution was transmitted to London, where it received royal assent from Queen Victoria on 9 July 1900, becoming the Commonwealth of Australia Constitution Act.
The Act established the Commonwealth as a self-governing entity, with its own legislative power vested in a Federal Parliament, consisting of the Queen, a Senate, and a House of Representatives. This Parliament was authorised to make laws for the Commonwealth, which would be binding on the courts, judges, and people of every state within the Commonwealth. The Act also provided for the appointment of a Governor-General by the Queen, who would serve as her representative and exercise certain powers and functions on her behalf.
The Commonwealth of Australia Constitution Act was a pivotal moment in Australia's constitutional history, setting the foundation for the country's self-governance and eventual full independence from the British Parliament and legal system, which was achieved in 1986 with the passage of the Australia Act.
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The Act outlines the legislative power of the Commonwealth, including the Queen, Senate, and House of Representatives
The Commonwealth of Australia Constitution Act 1900 outlines the legislative power of the Commonwealth, including the Queen, Senate, and House of Representatives. The Act consists of nine sections, with Section 9 containing the Constitution itself. The legislative power of the Commonwealth is vested in a Federal Parliament, which consists of the Queen, a Senate, and a House of Representatives, collectively referred to as "The Parliament" or "The Parliament of the Commonwealth."
The Act establishes the role of the Queen in the legislative process, including the power to appoint a Governor-General as her representative in the Commonwealth. The Governor-General has the authority to declare the unification of the colonies into a Federal Commonwealth under the name of the Commonwealth of Australia. They can also prorogue the Parliament and dissolve the House of Representatives. Additionally, the Queen's Ministers of State for the Commonwealth are appointed by the Governor-General and hold office during their pleasure.
The Senate, as outlined in the Act, is composed of senators directly chosen by the people of each state. It plays a crucial role in the legislative process, with certain powers and functions delegated to it. The presence of at least one-third of the senators is necessary to constitute a meeting of the Senate for the exercise of its powers, and decisions are made by a majority vote, with each senator holding one vote.
The House of Representatives, as outlined in the Act, is composed of members directly chosen by the people of the Commonwealth. The number of members is intended to be, as nearly as practicable, twice the number of senators. Similar to the Senate, the presence of at least one-third of the members is required to constitute a meeting of the House for the exercise of its powers. Decisions are made by a majority vote, excluding the Speaker's vote, except in cases of a tie.
The Act also outlines the legislative powers of the Parliament, which include the ability to make laws for the peace, order, and good government of the Commonwealth. These powers cover various areas such as trade, taxation, defence, and foreign affairs, among others.
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The Queen may appoint a Governor-General as her representative in the Commonwealth
The Commonwealth of Australia Constitution Act 1900 was granted royal assent on 9 July 1900. The Act united the six British colonies in Australia—New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania—into a single federated nation under the Crown of the United Kingdom.
The Act provides that "The Queen may, at any time after the proclamation, appoint a Governor-General for the Commonwealth." The Governor-General is the Queen's representative in the Commonwealth and exercises the powers and functions of the Queen, subject to the Constitution. This means that the Governor-General can perform the Queen's duties in her absence, but their powers are limited by the Constitution.
The ability of the Queen to appoint a Governor-General and the role of the Governor-General are further outlined in Chapter VIII of the Act, which covers the "Alteration of the Constitution." The legislative power of the Commonwealth is vested in a Federal Parliament, which consists of the Queen, a Senate, and a House of Representatives.
The Governor-General is appointed by the Queen and serves as her representative in the Commonwealth. The specific powers and functions exercised by the Governor-General are assigned by the Queen and can be altered or revoked at her pleasure, as long as they are within the boundaries of the Constitution.
The inclusion of this provision in the Commonwealth of Australia Constitution Act reflects the unique constitutional monarchy structure of Australia's government, where the Queen maintains a ceremonial role while the day-to-day governance is carried out by the elected officials and representatives of the Commonwealth.
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The Act came into effect on 1 January 1901, with the six colonies becoming states
The Commonwealth of Australia Constitution Act, enacted in 1900, was an act of the Parliament of the United Kingdom that played a pivotal role in shaping Australia's constitutional framework. The Act came into effect on 1 January 1901, marking a significant turning point in the nation's history as the six self-governing British colonies—New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania—transitioned into states within the newly established Commonwealth of Australia.
The process leading up to this pivotal moment began years earlier, with the drafting of the Constitution between 1891 and 1898. Representatives from each of the six colonies played a crucial role in this endeavour, ensuring that their respective interests were reflected in the final draft. Once the draft was finalised, it underwent a rigorous approval process, with each colony conducting referendums between 1898 and 1900 to ensure their constituents' voices were heard and considered.
The agreed-upon Constitution was then sent to London, where it underwent minor modifications before receiving royal assent from Queen Victoria on 9 July 1900. This date, known as Constitution Day, holds historical significance as it marked the formal establishment of the Commonwealth of Australia. The Act itself consisted of nine sections, with Section 9 containing the Constitution, which outlines the legislative power structure of the Commonwealth.
The implementation of the Act on 1 January 1901, as proclaimed by Queen Victoria, signified the unification of the six colonies into a single federated nation under the Crown of the United Kingdom. This transformation from colonies to states granted them a new level of autonomy and self-governance within the Commonwealth framework. While some British Imperial laws remained in force, the Act's enactment marked a pivotal step towards Australia's legislative independence and the evolution of its constitutional landscape.
The Commonwealth of Australia Constitution Act not only established the foundational structure of Australia's federal system but also outlined the role of the Queen and the legislative powers vested in the Federal Parliament, consisting of the Queen, a Senate, and a House of Representatives. Additionally, the Act authorised the Queen to appoint a Governor-General as her representative in the Commonwealth, who would exercise certain powers and functions on her behalf, subject to the Constitution.
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Frequently asked questions
The Commonwealth of Australia Constitution Act is the act that constituted the Commonwealth of Australia. It was granted royal assent by Queen Victoria on 9 July 1900 and came into effect on 1 January 1901.
The Act united the British colonies of New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania into a single federated nation under the Crown of the United Kingdom.
The Act established the Commonwealth of Australia as a self-governing colony and provided for the admission of other Australasian colonies. It also set out the Constitution of the Commonwealth, which included the establishment of a Federal Parliament consisting of the Queen, a Senate, and a House of Representatives.
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