Jonah Patel
The Commonwealth of Australia Constitution Act was enacted by Queen Victoria on July 9, 1900, founding the Commonwealth of Australia. The Act, also known as the covering act, authorised the Queen to proclaim the act of federation, which was done on September 17, 1900, to take effect on January 1, 1901. The Act was passed by the British Parliament and came into effect when the six colonies of Australia became states within the new Commonwealth of Australia. The Constitution, which is the primary source of Australian constitutional law, establishes the three 'arms' of government: the Parliament, the Executive, and the Judiciary.
| Characteristics | Values |
|---|---|
| Date of enactment | 9 July 1900 |
| Enacted by | Queen Victoria |
| Who it affected | The former British colonies of New South Wales, Victoria, South Australia, Queensland, Tasmania, and Western Australia |
| What it did | Established the Australian Constitution, founding the Commonwealth of Australia |
| What the Constitution did | Set out the principles and guidelines for how the country is run, establishing three 'arms' of government: the Parliament, the Executive, and the Judiciary |
| Amendments | Amended eight times, in 1907, 1910, 1929, 1946, 1967, and three times in 1977 |
| How to change it | Can only be changed with the approval of the Australian people at a referendum |
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What You'll Learn
The Act was passed by the UK Parliament
The Commonwealth of Australia Constitution Act 1900 was passed by the UK Parliament, receiving royal assent from Queen Victoria on 9 July 1900. 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.
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 in referendums from 1898 to 1900. After some minor modifications, the draft was transmitted to London, where it was enacted as section 9 of the Commonwealth of Australia Constitution Act 1900.
The Act established the institutions of government for the new nation, including the Parliament, the Executive, and the Judiciary. It also covered financial and trade matters, the federal relationship between the states and the Commonwealth, the formation of new states, and the process for altering the Constitution. The Act came into effect on 1 January 1901, at which point the six colonies became states within the new Commonwealth of Australia.
The Australian Constitution, as established by the Act, sets out the principles and guidelines for governing the country. It can only be changed with the approval of the Australian people through a referendum. The Constitution is the primary source of Australian constitutional law and operates alongside constitutional conventions, state constitutions, and other legislation.
The Commonwealth of Australia Constitution Act 1900 is a significant document in Australia's history, marking the transition from British colonies to a unified nation under the Crown of the United Kingdom. The Act's passage by the UK Parliament and subsequent enactment with Queen Victoria's royal assent laid the foundation for Australia's modern governance.
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It received Royal Assent from Queen Victoria
The Commonwealth of Australia Constitution Act became law after receiving royal assent from Queen Victoria on 9 July 1900. The Royal Commission of Assent is one of the Commonwealth of Australia's three founding documents, alongside the Australian Constitution Act and the Letters Patent, which established the office of the Governor-General of Australia.
The Australian Constitution Act, passed by the British Parliament, created the Commonwealth of Australia. The Act united the former British colonies of New South Wales, Victoria, South Australia, Queensland, and Tasmania as members of the Commonwealth of Australia. Western Australia later joined the Commonwealth to become an "original state" alongside the other five colonies.
The Royal Assent from Queen Victoria was given to the Australian Constitution Act, which set out the basis for the establishment of the institutions of government of the new nation. The Constitution established three 'arms' of government: the Parliament, the Executive, and the Judiciary. It also covered financial and trade matters, the federal relationship between the States and the Commonwealth, the formation of new States, the arrangements for a Seat of Government, and the process for any alteration of the Constitution.
The Constitution was drafted between 1891 and 1898 at a series of conventions by representatives of the six self-governing British colonies in Australia. The final draft was then approved by each state in referendums from 1898 to 1900. The Constitution came into effect on 1 January 1901, at which point the six colonies became states within the new Commonwealth of Australia.
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The Act united six British colonies
The Commonwealth of Australia Constitution Act united six British colonies: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. The Act was drafted between 1891 and 1898 by representatives of these self-governing colonies. The final draft was then approved by each state in a series of referendums from 1898 to 1900.
The Act came into effect on 1 January 1901, at which point the six colonies became states within the new Commonwealth of Australia. This was after the agreed constitution was transmitted to London, where it underwent some minor modifications before being enacted as section 9 of the Commonwealth of Australia Constitution Act 1900, an act of the Parliament of the United Kingdom.
The Act received royal assent on 9 July 1900 and authorised the Queen to proclaim the act of federation, which was done by Queen Victoria on 17 September 1900. The Act's preamble names all states except Western Australia, mentions God, and recognises that the Australian people have agreed to unite under the Constitution and the Crown. It ends with the standard enacting clause of the United Kingdom, acknowledging the Queen and the UK Houses of Parliament as the legal authority of the Act.
Delegates from New Zealand were involved in early discussions about Federation and attended the first convention in 1891, but they did not formally participate in later conventions.
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It established three 'arms' of government
The Commonwealth of Australia Constitution Act 1900 established three 'arms' of government: the Parliament (Chapter I), the Executive (Chapter II), and the Judiciary (Chapter III).
The Act, enacted by the Parliament of the United Kingdom, provided the basis for the establishment of the institutions of government of the new nation. The Act's first 60 sections (pages 3-13) outline the chief institution of Parliament, consisting of 'the Queen, a Senate, and a House of Representatives'.
The Executive, outlined in Chapter II, covers financial and trade matters (Chapter IV), the federal relationship between the States and the Commonwealth, including the formation of new States (Chapters V and VI), and the arrangements for a Seat of Government (Chapter VII).
The third arm, the Judiciary, is detailed in Chapter III, which also outlines the process for any alteration of the Constitution (Chapter VIII).
The Constitution 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. Each colony held referendums on the Constitution between 1898 and 1900, and after some minor modifications, the final draft was transmitted to London.
The Act came into effect on 1 January 1901, at which point the six colonies became states within the new Commonwealth of Australia.
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The Australian Constitution can only be changed via referendum
The Commonwealth of Australia Constitution Act was enacted in 1900, receiving royal assent on 9 July of that year. This act, also known as the covering act, authorised Queen Victoria to proclaim the act of federation, which she did on 17 September 1900, to take effect on 1 January 1901.
The Australian Constitution is a legal document that establishes the key institutions of government and sets out how Australia is governed. It is the primary source of Australian constitutional law. However, it is not exclusive, and it operates alongside constitutional conventions, state constitutions, the Statute of Westminster 1931, the Australia Acts 1986, prerogative instruments, and judicial interpretations of these laws by the High Court.
The unique status of the Constitution means that it cannot be changed by the Parliament of the day. While it enables Parliament to make laws, the Constitution itself can only be changed through a referendum, a vote of the people. This is because the Constitution is intended to represent the will of the people, and so it cannot be altered without their approval.
To become law, a proposed change to the Constitution must be approved by a 'double majority' of electors voting for the changes. This means a national majority of voters (more than 50%) from all states and territories, as well as a majority of voters (more than 50%) in a majority of states (at least four of the six states). All Australian citizens aged 18 and over are required by law to vote in referendums. Since Federation, there have been 45 proposals for constitutional change put to Australian electors, with only 8 of these being carried.
Referendums have been used to propose various changes to the Constitution. For example, a referendum in 2023 will ask Australians whether the Constitution should be changed to include a recognition of the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. This proposal is based on the Uluru Statement from the Heart, which seeks substantive reform through a constitutionally enshrined First Nations Voice to Parliament.
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Frequently asked questions
Queen Victoria enacted the Commonwealth of Australia Constitution Act on 9 July 1900.
The Act founded the Commonwealth of Australia, uniting the former British colonies of New South Wales, Victoria, South Australia, Queensland, and Tasmania, and Western Australia into a single federated nation.
The Australian Constitution, established by the Act, set out the principles and guidelines for governing the new nation. It created a constitutional democracy with three branches of government: the Parliament, the Executive, and the Judiciary.
The Australian Constitution has been amended eight times since its enactment: in 1907, 1910, 1929, 1946, 1967, and three times in 1977. Amendments require approval from the Australian people through a referendum.
The Act was passed by the British Parliament, which created the legal framework for the Commonwealth of Australia. The final draft of the Constitution was transmitted to London, where it was enacted as an Act of the Parliament of the United Kingdom.
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