Interim Minimum Changes To The Australian Constitution Required For An Australian Republic.
By Loris Erik Kent Hemlof 2008 April 12.
THE CONSTITUTION.
[ Addition proposals are in green. ]
[
Major omission proposals are in strike through
red.
].
This Constitution is divided as follows:
Chapter I.The
Parliament:
Part I.General:
Part II.The Senate:
Elected
representatives
Part III.The House of Representatives:
Part
IV.Both Houses of the Parliament:
Part V.Powers of the
Parliament:
Chapter II.The Executive Government:
Chapter
III.The Judicature:
Chapter IV.Finance and Trade:
Chapter
V.The States:
Chapter VI.New States:
Chapter
VII.Miscellaneous:
Chapter VIII.Alteration of the
Constitution
Commission.
The Schedule.
CHAPTER I.
THE PARLIAMENT.
Part I .- General.
Legislative
power.
1. The legislative
power of the Commonwealth
shall be vested in a Federal Parliament, which shall consist of the
Queen
Governor
General, Prime-Minister, the Treasurer, Democratic Processes
Minister, Department Ministers, the Senate, and
the House
of Representatives, which is herein-after called the "Parliament"
Governor
General.
2. A
Governor General appointed by the Queen shall be Her Majesty's
representative in the Commonwealth, and shall have and may exercise
in the Commonwealth during the Queens pleasure, but subject to this
constitution such powers and functions of the Queen as Her Majesty
may be pleased to assign to him.
Any person may
nominate them-selves for Governor General, where paying a sum of
$1,000 {the
gross domestic product of Australia / the population of Australia /
35} per
election to the commonwealth via the electoral commission. Nominees
are presented on a web-page on-line and in a ballot book in order of
their rank at the previous election for Governor general then in
order of first application. The Governor General is elected by the
Citizens
Council. The Citizens Council is a 1,000 member jury selected
at
random from all Australian Citizens over the age of 15, in the first
week of the Constitution Commission sessions in months one, five, and
nine. The Governor General gains election from the beginning of the
second whole week of that month until replaced in four months at the
beginning of the second whole week of the next session. Each
of the citizens council jury members get a ballot book with one page
from each candidate and also a password to alternatively vote
on-line. Paid an amount to vote on and lodge the ballot of $3,250 {
the gross domestic product of Australia / the population of Australia
x .1} Each of the random sample of citizens may cast any vote value
to any candidate for Governor General. The vote value of each voter
is then subject to proportional consolidation so as to total one. The
candidate with the least vote value is then withdrawn. After each
withdrawal each
voters remaining vote value
is again subject to proportional reconsolidated to total one for
remaining candidates. Candidates are so ranked until finding the
winner to be the subsequent Governor General.
Salary
of the Governor General.
3. There shall be payable
out of the Consolidated Revenue fund
of the
Commonwealth, a Salary
for the Governor
General, of an annual sum
of the
Gross Domestic Product of Australia / the population of Australia at
the year end of the last year to the end of the last 31st of December
x 30
[ $1,050,000. ]
Prime
Minister.
3.1 The Prime Minister is appointed from members
of the
House of Representatives from the votes of the members of parliament
at a joint sitting following each election, or as the Governor
General determines, or after dismissal of the Prime Minister as a
consequence of the Governor General's referral to the determination
of a Constitution Commission jury, or resignation of the Prime
Minister. Each member of parliament may cast any vote value to any
member of the House of Representatives. The vote of each member is
then proportionately consolidated so as to total one. The member of
parliament with the least vote value is withdrawn. After each
withdrawal each
members remaining vote value is again reconsolidated
to total one until the subsequent Prime Minister is found.
The Prime Minister becomes the leader if the largest party he or she is a member of.
Bonus
of the Prime Minister, on top of the salary for being a member of
parliament.
3.2
There shall be paid out of the Consolidated Revenue fund of the
Commonwealth, a Bonus for the Prime
Minister,
being an annual sum of the
Gross Domestic Product of Australia / the population of Australia at
the year end of the last calender year x 30
[ $1,050,000. ]
Provisions
relating to elected government department representatives, the Prime
Minister, Ministers, the Treasurer, and the Governor General.
4
The rate of pay from
Commonwealth Consolidated Revenue of
elected government department representatives, Members
of Parliament, Prime Minister, Ministers, Treasurer, and Governor
General shall
be continued at the rate determined in this constitution at the
beginning of the first term of election, so as to be excluded from
any rate of pay alteration made during their continuance in office.
The elected government department representatives, Members of Parliament, Speaker, and Governor-General for the time in office are prohibited from receiving any other salary from any government in respect of any other office during their term of the office in the service of the Government of the Commonwealth of Australia.
Should an administrator be appointed by the Governor General for to assist in the duties of any constitutionally elected office, the officer and the administrator are both paid half of the elected representatives normal entitlement. The administrator shall have full powers of authorization.
Sessions
of Parliament.
5. Department
representatives
including the Prime Minister, and all members of the House of
Representatives and all Senators of the Commonwealth Parliament may
continue in office for a period of up to three years from election,
except as disqualified by the Citizens Council, and except where the
Prime Minister calls for an election to occur sooner. In which case
all seats of office of both houses go to election.
The
Constitution Commission shall be in session for four whole weeks
commencing on the first Monday of months one, five, and nine. Or as
otherwise determined by the Governor General.
The
State
Parliaments shall be in session for two, six, and ten. Or as
otherwise determined by the Premier.
The House of
Representatives of the national Parliament shall be in session for
months three, seven, and eleven. Or as otherwise determined by the
Prime Minister.
The Senate of
the national Parliament shall be in session for months four, eight,
and twelve. Or as otherwise determined by the Prime Minister.
[
So as to have State Parliaments, the Constitution Commission, the
House of Representatives, and the Senate; broadcast on local radio in
exclusive sequence. ]
Sessions
of Parliament.
Prorogation and dissolution.
5.
The
Governor-General may appoint such times for holding the sessions of
the Parliament as he thinks fit, and may also from time to time, by
Proclamation or otherwise, prorogue the Parliament, and may in like
manner dissolve the House of Representatives.
Summoning
Parliament.
After any general election the Parliament shall
be
summoned to meet not later than thirty days after the day appointed
for the return of the writs.
First
session.
The Parliament shall be summoned to meet not later
than
six months after the establishment of the Commonwealth.
Yearly
session of Parliament.
6. There shall be a session of the
Parliament once at least in every year, so that twelve months shall
not intervene between the last sitting of the Parliament in one
session and its first sitting in the next session.
Part
II. - The Senate.
7.
The Senate shall be composed of senators for each State, directly
chosen by the people of the State, voting until the Parliament
otherwise provides, as one electorate.
But
until the Parliament of the Commonwealth otherwise provides, the
Parliament of the State of Queensland, if that State be an Original
State, may make laws dividing the state into divisions and
determining the number of senators to be chosen for each division,
and in absence of such provision the State shall be one electorate.
Until
the Parliament otherwise provides there shall be six senators for
each Original State. The Parliament may make laws increasing or
diminishing the number of senators for each State, but so that equal
representation of the several Original States shall be maintained and
that no State shall have less than six senators.
The
Senators shall be chosen for a term of three six years, and the names
of the senators chosen for each State shall be certified by the
Governor to the Governor-General.
Qualification
of electors.
8. The qualification of electors of senators
shall
be in each State that which is prescribed by this Constitution, or by
the Parliament, as the qualification for electors of members of the
House of Representatives; but in the choosing of senators each
elector shall vote only once.
Method
of election of senators.
9.
The
Parliament of the Commonwealth may make laws prescribing the method
of choosing senators, but so that the method shall be uniform for all
the States. Subject to any such law, the Parliament of each State may
make laws prescribing the method of choosing the senators for that
State.
Times
and places.
The Parliament of a State may make laws for
determining the times and places of elections of senators for the
State.
Application
of State laws.
10. Until the Parliament otherwise provides,
but
subject to this Constitution, the laws in force in each State, for
the time being, relating to elections for the more numerous House of
the Parliament of the State shall, as nearly as practicable, apply to
elections of senators for the State.
Failure
to choose senators.
11. The Senate may proceed to the
dispatch of
business, notwithstanding the failure of any State to provide for its
representation in the Senate.
Issue
of writs.
12. The Governor of any State may cause writs to
be
issued for elections of senators for the State. In case of the
dissolution of the Senate the writs shall be issued within ten days
from the proclamation of such dissolution.
Rotation
of senators. (Altered by No.1, 1907, s. 2.)
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 next election, and the places of
those of the second class at the election after the next election;
and afterwards the places of senators shall become vacant at
alternate elections so as to serve for 2 terms.
The
election to fill vacant places shall be made in theyear at the
ex-piration of which within one year before 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 July following the day
of his election, except in the cases 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 JanuaryJuly preceding the day of
his election.
Further
provision for rotation.
14. Whenever the number of senators
for a
State is increased or diminished, the Parliament of the Commonwealth
may make such provision for the vacating of the places of senators
for the State as it deems necessary to maintain regularity in the
rotation..7
Casual
vacancies. (Substituted by No., 82, 1977, s.2.)
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, sitting and voting together, or, if there is only one House
of that Parliament, that House, shall choose a person to hold the
place until the expiration of the term. But if the Parliament of the
State is not in session 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 from the beginning of the next session of the Parliament of the
State or the expiration of the term, whichever first happens.
Where
a vacancy has at any time occurred in the place of a senator chosen
by the people of a State and, at the time when he was so chosen, he
was publicly recognized by a particular political party as being an
endorsed candidate of that party and publicly represented himself to
be such a candidate, a person chosen or appointed under this section
in consequence of that vacancy, or in consequence of that vacancy and
a subsequent vacancy or vacancies, shall, unless there is no member
of that party available to be chosen or appointed, be a member of
that party.
Where
(a)
in accordance with the last preceding paragraph, a member of a
particular political party is chosen or appointed to hold the place
of a senator whose place had become vacant; and
(b) before
taking
his seat he ceases to be a member of that party (otherwise than by
reason of the party having ceased to exist),
he
shall be deemed not to have been so chosen or appointed and the
vacancy shall be again notified in accordance with section twenty-one
of this Constitution.
The
name of any senator chosen or appointed under this section shall be
certified by the Governor of the State to the Governor-General.
If
the place of a senator chosen by the people of a State at the
election of senators last held before the commencement of the
Constitution Alteration (Senate Casual Vacancies) 1977 became vacant
before that commencement and, at the commencement, no person chosen
by the House or Houses of Parliament of the State, or appointed by
the Governor of the State, in consequence of that vacancy, or in
consequence of that vacancy and a subsequent vacancy or vacancies,
held office, this section applies as if the place of the senator
chosen by the people of the State had become vacant after that
commencement.
A
senator holding office at the commencement of the Constitution
Alteration (Senate Casual Vacancies) 1977, being a senator appointed
by the Governor of a State in consequence of a vacancy that had at
any time occurred in the place of a senator chosen by the people of
the State, shall be deemed to have been appointed to hold the place
until the expiration of fourteen days after the beginning of the next
session of the Parliament of the State that commenced or commences
after he was appointed and further action under this section shall be
taken as if the vacancy in the place of the senator chosen by the
people of the State had occurred after that commencement.
Subject
to the next succeeding paragraph, a senator holding office at the
commencement of the Constitution Alteration (Senate Casual Vacancies)
1977 who was chosen by the House or Houses of Parliament of a State
in consequence of a vacancy that had at any time occurred in the
place of a senator chosen by the people of the State shall be deemed
to have been chosen to hold office until the expiration of the term
of service of the senator elected by the people of the State.
If,
at or before the commencement of the Constitution Alteration (Senate
Casual Vacancies) 1977, a law to alter the Constitution entitled
"Constitution Alteration (Simultaneous Elections) 1977"
came into operation, a senator holding office at the commencement of
that law who was chosen by the House or Houses of Parliament of a
State in consequence of a vacancy that had at any time occurred in
the place of a Senator chosen by the people of the State shall be
deemed to have been chosen to hold office
(a)
if the senator elected by the people of the State had a term of
service expiring on the thirtieth day of June, One thousand nine
hundred and seventy-eight until the expiration or dissolution of the
first House of Representatives to expire or be dissolved after that
law came into operation; or
(b) if the senator elected by
the
people of the State had a term of service expiring on the thirtieth
day of June, One thousand nine hundred and eighty-one until the
expiration or dissolution of the second House of Representatives to
expire or be dissolved after that law came into operation or, if
there is an earlier dissolution of the senate, until that
dissolution.
Qualifications
of senator.
16. The qualifications of a senator shall be the
same
as those of a member of the House of Representatives.
Election
of President.
17. The Senate shall, before proceeding to the
dispatch of any other business, choose a senator to be the President
of the Senate; and as often as the office of President becomes vacant
the Senate shall again choose a senator to be the President.
The
President shall cease to hold his office if he ceases to be a
senator. He may be removed from office by a vote of the Senate, or he
may resign his office or his seat by writing addressed to the
Governor-General.
Absence
of President.
18. Before or during any absence of the
President,
the Senate may choose a senator to perform his duties in his absence.
Resignation
of senator.
19. A senator may, by writing addressed to the
President, or to the Governor-General if there is no President or if
the President is absent from the Commonwealth, resign his place,
which thereupon shall become vacant.
Vacancy
by absence.
20. The place of a senator shall become vacant
if for
two consecutive months of any session of the Parliament he, without
the permission of the Senate, fails to attend the Senate
Vacancy
to be notified.
21. Whenever a vacancy happens in the
Senate, the
President, or if there is no President or if the President is absent
from the Commonwealth the Governor-General, shall notify the same to
the Governor of the State in the representation of which the vacancy
has happened.
Quorum.
22. Until the Parliament otherwise provides, the presence of
at
least one-third of the whole number of the senators shall be
necessary to constitute a meeting of the Senate for the exercise of
its powers.
Voting
in the Senate.
23. Questions arising in the Senate shall be
determined by a majority of votes, and each senator shall have one
vote. The President shall in all cases be entitled to a vote; and
when the votes are equal the question shall pass in the negative.
Part
III. - The House Of Representatives.
Constitution
of House of Representatives.
24. The House of
Representatives
shall be composed of members directly chosen by the people of the
Commonwealth, and the number of such members shall be, as nearly as
practicable, twice the number of the senators.
The
number of members chosen in the several States shall be in proportion
to the respective numbers of their people, and shall, until the
Parliament otherwise provides, be determined, whenever necessary, in
the following manner:
(i.)
A quota shall be ascertained by dividing the number of the people of
the Commonwealth, as shown by the latest statistics of the
Commonwealth, by twice the number of the senators:
(ii.) The
number of members to be chosen in each State shall be determined by
dividing the number of the people of the State, as shown by the
latest statistics of the Commonwealth, by the quota; and if on such
division there is a remainder greater than one-half of the quota, one
more member shall be chosen in the State.
But
notwithstanding anything in this section, five members at least shall
be chosen in each Original State.
Provisions
as to races disqualified from voting.
25. 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
the Parliament of the State, then, in reckoning the number of the
people of the State or of the Commonwealth, persons of that race
resident in that State shall not be counted.
Representatives
in first Parliament.
26. Notwithstanding anything in section
twenty-four, the number of members to be chosen in each State at the
first election shall be as follows:
New
South Wales twenty-three;
Victoria twenty;
Queensland
eight;
South Australia six;
Tasmania five;
Provided
that if Western Australia is an Original State, the numbers shall be
as follows:
New
South Wales twenty-six;
Victoria twenty-three;
Queensland
nine;
South Australia seven;
Western Australia
five;
Tasmania five.
Alteration
of number of members.
27. Subject to this Constitution, the
Parliament may make laws for increasing or diminishing the number of
the members of the House of Representatives.
Electoral
divisions.
29 Until
the Parliament
of the Commonwealth otherwise provides, the Parliament of any State
may make laws for determining the divisions in each State for which
members of the House of Representatives may be chosen, and the number
of members to be chosen for each division. A division shall not be
formed out of parts of different States. The
electoral commission shall determine the borders of each state and
the borders of the 10 electorates in each state to have equal value
when multiplying size by population so as to have a round an
electorate as possible.
In
the absence of other provision, each State shall be one electorate.
Qualification
of electors.
30. Until the Parliament otherwise provides,
the
qualification of electors of members of the House of Representatives
shall be in each State that which is prescribed by the law of the
State as the qualification of electors of the more numerous House of
Parliament of the State; but in the choosing of members each elector
shall vote only once.
Application
of State laws.
31. Until the Parliament otherwise provides,
but
subject to this Constitution, the laws in force in each State for the
time being relating to elections for the more numerous House of the
Parliament of the State shall, as nearly as practicable, apply to
elections in the State of members of the House of Representatives.
Writs
for general election.
32. The Governor-General in Council
may
cause writs to be issued for general elections of members of the
House of Representatives.
After
the first general election, the writs shall be issued within ten days
from the expiry of a House of Representatives or from the
proclamation of a dissolution thereof.
Writs
for vacancies.
33. Whenever a vacancy happens in the House
of
Representatives, the Speaker shall issue his writ for the election of
a new member, or if there is no Speaker or if he is absent from the
Commonwealth the Governor-General in Council may issue the writ.
Qualifications
of members.
34. Until the Parliament otherwise provides, the
qualifications of a member of the House of Representatives shall be
as follows:
He
must be of the full age of twenty-one years, and must be an elector
entitled to vote at the election of members of the House of
Representatives, or a person qualified to become such elector, and
must have been for three years at the least a resident within the
limits of the Commonwealth of Australia as existing at the time when
he is chosen:
Chairpersons
35 All current elected representatives may cast a standing secret vote which may be modified at any time while remaining elected. Any secret vote value may be cast to any number of chair person candidates who nominate who pass a training course set by parliament. Vote value of each representative is consolidated to total one. The candidate/s gaining least votes are withdrawn and the remaining vote value of each voter reconsolidated to total one in turn until all candidates are ranked. The ranking chairperson may preside over each assembly of elected representatives. In the absence of a ranking chairperson the next ranked chairperson may take the chair.
The
salary of chair persons.
36. There
shall be payable out of the Consolidated Revenue fund of the
Commonwealth, for the salary for
all chair
being a combined total of an annual sum of the
Gross Domestic Product of Australia / the population of Australia at
the year end of the last calender year x 90
[ $3,150,000. ] Divided between speakers in proportion to hours in
the chair while an assembly is in session.
Election
of Speaker.
35.
The
Houses of Representatives shall, before proceeding to the dispatch of
any other businesschoose a member of parliament or any other
government
office to be Speakers for the House with ranked seniority and
precedence, and as often as the office of Speaker becomes vacant the
House shall again choose a member to be the Speaker.
The
Speaker shall cease to hold his office if he ceases to be a member.
He may be removed from office by a vote of the House, or he may
resign his office or his seat by writing addressed to the
Governor-General.
Following each election the parliament may
Absence
of Speaker.
36. Before or during any absence of the Speaker,
the
House of Representatives may choose a member to perform his duties in
his absence.
Resignation
of member.
37. A member may by writing addressed to the
Speaker,
or to the Governor-General if there is no Speaker or if the Speaker
is absent from the Commonwealth, resign his place, which thereupon
shall become vacant.
Vacancy
by absence. [
appointment of an administrator by the GG instead ]
38. The place of a member shall become vacant if
for
two consecutive months of any session of the Parliament he, without
the permission of the House, fails to attend the House.
Quorum.
39.
Until the Parliament chamber
otherwise provides, the presence of at least one-third of the whole
number of the members of the chamber
House of
Representatives
shall be necessary to constitute a meeting of the chamber
House for
the exercise
of its powers.
Voting
in House of Representatives.
Vote of the chairperson.Questions arising in
the House of
Representatives shall be determined by a majority of votes other than
that of the Speaker. The chairperson
Speaker
shall not vote unless the numbers are equal, and then he shall have a
casting vote.
Part II Elected representatives
Method of election of all department and parliament representatives.
40. Each citizen from age 10 to 19 may cast an anonymous vote and from 20 must lodge any anonymous vote value to any number of candidates in electorates the citizen is eligible to vote, or if over the age of 20 pay a penalty of 1% of the citizens income including welfare, in the last financial year to June 30.
For the senate citizens may vote for any candidate contesting any of the ten state electorates nationwide to attend the senate chamber of the national parliament assembly.
1 For the house of representatives citizens may vote for any candidate in their own one of one hundred regional electorates to attend the house of representatives chamber of the national parliament assembly.
2 For the health department the citizen may vote for any candidate in their one of the one hundred regional electorates so as to elect one of ten health representatives for each of the ten state parliaments.
3 For the administration department the citizen may vote for any candidate in their one of the one hundred regional electorates so as to elect one of ten administration representatives for each of the ten state parliaments.
4 For the law enforcement department the citizen may vote for any candidate in their one of the one hundred regional electorates so as to elect ten law enforcement representatives for each of the ten state parliaments.
5 For the capital works department the citizen may vote for any candidate in each of the ten specialties in their one of the ten state electorates so as to elect the ten specialist capital works representatives for each of the ten state parliaments.
6 For the electronic systems department the citizen may vote for any candidate in any of the ten specialties in their state electorate so as to elect the ten specialist electronic system representatives for each of the ten state parliaments.
7 For the welfare department the citizen may vote for for any candidate in their one of the one hundred regional electorates so as to elect one of ten welfare representatives for each of the ten state parliaments.
8 For the lands department the citizen may vote for any candidate in their one of the one hundred regional electorates so as to elect one of ten lands representatives for each of the ten state parliaments.
9 For the industry department the citizen may vote for any candidate in their one of the one hundred regional electorates so as to elect one of ten industry representatives for each of the ten state parliaments.
10 For the education and training department the citizen may vote for for any candidate in their one of the one hundred regional electorates so as to elect one of ten education and training representatives for each of the ten state parliaments.
11 For the motor vehicle department the citizen may vote for any candidate in each of the ten specialties in any state electorate so as to elect ten specialist state electorate motor vehicle representatives for the national defense assembly.
12 For the defense department the citizen may vote for any candidate in their state electorate so as to elect ten state electorate defense department representatives for the national defense assembly.
13 For the research department the citizen may elect any of one hundred representatives for each of ten specialties in any of the ten state electorates as one national electorate for one hundred members of the national research assembly.
14 For the foreign aid and immigration department the citizen may elect one hundred representatives in one national electorate for the national foreign aid and immigration assembly.
15 For the research department the citizen may elect one hundred representatives in one national electorate for the national research assembly.
The candidate receiving the least vote value is withdrawn. The vote value of each voter is then reconsolidated to total one for remaining candidates. With the candidate receiving the least votes withdrawn and voters remaining vote value for remaining candidates re-consolidated in turn until ranking all candidates.
For all departments candidates of highest rank gain election to their first preference office still remaining until filling all seats of office in the electorate then only to electorates with vacancies for which the candidate has preferences. Also candidates of either gender gain election until one gender gains half or seven hundred and fifty of the one thousand five hundred seats of office, from then on all subsequent appointments are of the ranking other gender candidates.
The Salary for each elected representative while in office.
40A. There shall be payable out of the Consolidated Revenue fund of the Commonwealth, for the salary for each of the one thousand five hundred currently elected representatives an annual sum of the Gross Domestic Product of Australia / the population of Australia at the year end of the last calender year to December 31 x 15 [ $525,000. ]
Part
IV. - Both Houses Of The Parliament.
Right
of electors of States.
41. No adult person who has or
acquires a
right to vote at elections for the more numerous House of the
Parliament of a State shall, while the right continues, be prevented
by any law of the Commonwealth from voting at elections for either
House of the Parliament of the Commonwealth.
Oath or
affirmation of allegiance.
42. Every senator and every
member of
the House of Representatives shall before taking his seat make and
subscribe before the Governor-General, or some person authorised by
him, an oath or affirmation of allegiance in the form set forth in
the schedule to this Constitution.
Member of one
House ineligible for other.
43. A member of either House of
the
Parliament shall be incapable of being chosen or of sitting as a
member of the other House.
Disqualification.
44. Any person who-
(i.) Is under any
acknowledgment of allegiance, obedience, or adherence to a foreign
power, or is a subject or a citizen or entitled to the rights or
privileges of a subject or a citizen of a foreign power: or
(ii.)
Is attainted of treason, or has been convicted and is under sentence,
or subject to be sentenced, for any offence punishable under the law
of the Commonwealth or of a State by imprisonment for one year or
longer: or
(iii.) Is an undischarged bankrupt or insolvent: or
(iv.) Holds any office of profit under the Crown, or any
pension
payable during the pleasure of the Crown out of any of the revenues
of the Commonwealth: or
(v.) Has any direct or indirect
pecuniary
interest in any agreement with the Public Service of the Commonwealth
otherwise than as a member and in common with the other members of an
incorporated company consisting of more than twenty-five persons:
shall
be incapable of being chosen or of sitting as a senator or a member
of the House of Representatives.
But
sub-section iv. does not apply to the office of any of the Ministers
of State for the Commonwealth of Australia, or of any of the
Ministers for a State, or to the receipt of pay, half pay, or a
pension, by any person as an officer or member of the Australian navy
or army, or to the receipt of pay as an officer or member of the
naval or military forces of the Commonwealth by any person whose
services are not wholly employed by the Commonwealth.
Vacancy on
happening of disqualification.
45. If a senator or member of
the
House of Representatives-
(i.) Becomes
subject to any of the disabilities mentioned in the last preceding
section:
or
(ii.) Takes the benefit, whether by assignment,
composition,
or otherwise, of any law relating to bankrupt or insolvent debtors:
or
(iii.) Directly or indirectly takes or agrees to take any
fee
or honorarium for services rendered to the Commonwealth, or for
services rendered in the Parliament to any person or State:
his place shall thereupon become vacant.
Penalty
for sitting when disqualified
46. Until the Parliament
otherwise
provides, any person declared by this Constitution to be incapable of
sitting as a senator or as a member of the House of Representatives
shall, for every day on which he so sits, be liable to pay the sum of
one hundred pounds to any person who sues for it in any court of
competent jurisdiction.
Disputed
elections. be
determined by the House in which the question arises.
47. Until the Parliament otherwise provides, any
question respecting the qualification of a senator or of a member of
the House or Representatives, or respecting a vacancy in either House
of the Parliament, and any question of a disputed election to either
House, shall
Allowance
to members.
48. Until the parliament otherwise provides, each
senator and each member of the House of Representatives shall receive
an allowanceof fur hundred pounds a year, to be reckoned from the day
on which he takes his seat.
Privileges,
& c. of Houses.
49. The powers, privileges, and
immunities of
the Senate and of the House of Representatives, and of the members
and the committees of each House, shall be such as are declared by
the Parliament, and until declared shall be those of the Commons
House of Parliament of the United Kingdom, and of its members and
committees, at the establishment of the Commonwealth.
Rules and orders
50. Each House of the Parliament may make rules and orders
with
respect to
(i.) The mode in
which its powers, privileges, and immunities may be exercised and
upheld:
(ii.) The order and conduct of its business and
proceedings either separately or jointly with the other House.
Part V. - Powers Of The Parliament.
Legislative
powers of the Parliament
51. The Parliament shall, subject
to
this Constitution, have power to make laws. for
the peace, order, and good government of the Commonwealth with
respect to:-
(i.)
Trade and commerce with other countries, and among the States: (ii.)
Taxation; but so as not to discriminate between States or parts of
States:
(iii.) Bounties on the production or export of
goods, but
so that such bounties shall be uniform throughout the Commonwealth:
(iv.) Borrowing money on the public credit of the
Commonwealth:
(v.) Postal, telegraphic, telephonic, and other like
services:
(vi.) The naval and military defence of the Commonwealth and
of
the several States, and the control of the forces to execute and
maintain the laws of the Commonwealth:
(vii.) Lighthouses,
lightships, beacons and buoys:
(viii.) Astronomical and
meteorological observations:
(ix.) Quarantine:
(x.)
Fisheries
in Australian waters beyond territorial limits:
(xi.) Census
and
statistics:
(xii.) Currency, coinage, and legal tender:
(xiii.)
Banking, other than State banking; also State banking extending
beyond the limits of the State concerned, the incorporation of banks,
and the issue of paper money:
(xiv.) Insurance, other than
State
insurance; also State insurance extending beyond the limits of the
State concerned: (xv.) Weights and measures:
(xvi.) Bills of
exchange and promissory notes:
(xvii.) Bankruptcy and
insolvency:
(xviii.) Copyrights, patents of inventions and designs, and
trade
marks:
(xix.) Naturalization and aliens:
(xx.)
Foreign
corporations, and trading or financial corporations formed within the
limits of the Commonwealth:
(xxi.) Marriage:
(xxii.)
Divorce
and matrimonial causes; and in relation thereto, parental rights, and
the custody and guardianship of infants:
(xxiii.) Invalid
and
old-age pensions:
(Inserted
by No. 81, 1946, s. 2.)
(xxiiiA.)
The provision of maternity allowances, widows' pensions, child
endowment, unemployment, pharmaceutical, sickness and hospital
benefits, medical and dental services (but not so as to authorize any
form of civil conscription), benefits to students and family
allowances:
(xxiv.) The service and execution throughout the
Commonwealth of the civil and criminal process and the judgments of
the courts of the States:
(xxv.) The recognition throughout
the
Commonwealth of the laws, the public Acts and records, and the
judicial proceedings of the States:
(Altered by No. 55, 1967,
s.
2.)
(xxvi.) The people of any race, other than the aboriginal
race
in any State, for whom it is deemed necessary to make special laws:
The Race Power
51a. This constitution shall allow the making of laws which discriminate on the basis of any race. [ clarification and retention of section 51 (xxvi) of the existing constitution ]
(xxvii.)
Immigration and emigration:
(xxviii.)
The influx of criminals:
(xxix.) External affairs:
(xxx.)
The
relations of the Commonwealth with the islands of the Pacific:
(xxxi.) The acquisition of property on just terms from any
State
or person for any purpose in respect of which the Parliament has
power to make laws:
(xxxii.) The control of railways with
respect
to transport for the naval and military purposes of the Commonwealth:
(xxxiii.) The acquisition, with the consent of a State, of
any
railways of the State on terms arranged between the Commonwealth and
the State:
(xxxiv.) Railway construction and extension in
any
State with the consent of that State:
(xxxv.) Conciliation
and
arbitration for the prevention and settlement of industrial disputes
extending beyond the limits of any one State:
(xxxvi.)
Matters in
respect of which this Constitution makes provision until the
Parliament otherwise provides:
(xxxvii.) Matters referred to
the
Parliament of the Commonwealth by the Parliament or Parliaments of
any State or States, but so that the law shall extend only to States
by whose Parliaments the matter is referred, or which afterwards
adopt the law:
(xxxviii.) The exercise within the
Commonwealth,
at the request or with the concurrence of the Parliaments of all the
States directly concerned, of any power which can at the
establishment of this Constitution be exercised only by the
Parliament of the United Kingdom or by the Federal Council of
Australasia:
(xxxix.) Matters incidental to the execution of
any
power vested by this Constitution in the Parliament or in either
House thereof, or in the Government of the Commonwealth, or in the
Federal Judicature, or in any department or officer of the
Commonwealth.
Exclusive powers
of the Parliament.
52. The Parliament shall, subject to this
Constitution, have exclusive power to make laws for the peace, order
and good government of the Commonwealth with respect to-
(i.) The seat of
government of the Commonwealth, and all places acquired by the
Commonwealth for public purposes:
(ii.) Matters relating to
any
department of the public service the control of which is by this
Constitution transferred to the Executive Government of the
Commonwealth:
(iii.) Other matters declared by this
Constitution
to be within the exclusive power of the Parliament.
Powers of the
Houses in respect of legislation.
53. Proposal laws
appropriating
revenue or moneys, or imposing taxation, shall not originate in the
Senate. But a proposed law shall not be taken to appropriate revenue
or moneys, or to impose taxation, by reason only of its containing
provisions for the imposition or appropriation of fines or other
pecuniary penalties, or for the demand or payment or appropriation of
fees for licences, or fees for services under the proposed law.
The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.
The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.
The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.
Except
as provided in this section, the Senate shall have equal power with
the House of Representatives in respect of all proposed laws.
Apropriation
Bills.
54. The proposed law which appropriates revenue or
moneys
for the ordinary annual services of the Government shall deal only
with such appropriation.
Tax Bill.
55.
Laws imposing taxation shall deal only with the imposition of
taxation, and any provision therein dealing with any other matter
shall be of no effect.
Laws imposing taxation, except laws imposing duties of customs or of excise, shall deal with one subject of taxation only; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only.
Recommendation
of money votes.
56. A vote, resolution, or proposed law for
the
appropriation of revenue or moneys shall not be passed unless the
purpose of the appropriation has in the same session been recommended
by message of the Governor-General to the House in which the proposal
originated.
Disagreement
between the Houses.
57. If the House of Representatives
passes
any proposed law, and the Senate rejects or fails to pass it, or
passes it with amendments to which the House of Representatives will
not agree, and if after an interval of three months the House of
Representatives, in the same or the next session, again passes the
proposed law with or without any amendments which have been made,
suggested, or agreed to by the Senate, and the Senate rejects or
fails to pass it, or passes it with amendments to which the House of
Representatives will not agree, the Governor-General may dissolve the
Senate and the House of Representatives simultaneously. But such
dissolution shall not take place within six months before the date of
the expiry of the House of Representatives by effluxion of time.
If after such dissolution the House of Representatives again passes the proposed law, with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor-General may convene a joint sitting of the members of the Senate and of the House of Representatives.
The
members present at the joint sitting may deliberate and shall vote
together upon the proposed law as last proposed by the House of
Representatives, and upon amendments, if any, which have been made
therein by one House and not agreed to by the other, and any such
amendments which are affirmed by an absolute majority of the total
number of the members of the Senate and House of Representatives
shall be taken to have been carried, and if the proposed law, with
the amendments, if any, so carried is affirmed by an absolute
majority of the total number of the members of the Senate and House
of Representatives, it shall be taken to have been duly passed by
both Houses of the Parliament, and shall be presented to the
Governor-General for the Queen's assent. [
relocation elsewhere ]
Governor General
assent to Bills.
58. When a proposed law passed by both
Houses of
the Parliament is presented to the Governor-General for assent, the
Governor-General shall declare, according to discretion, but subject
to this Constitution, assent, or assent with an item veto or withhold
assent, or reserve the law for a determination at a future
Governor-Generals pleasure.
Recommendations
by Governor-General.
The Governor-General may return to the
house
in which it originated any proposed law so presented to him, and may
transmit therewith any amendments which he may recommend, and the
Houses may deal with the recommendation.
Disallowance by
the Governor General.
59. The Governor General may disallow
any
law within one year from the Governor-General's assent, and such
disallowance on being made known by the Governor-General by speech or
message to each of the Houses of the Parliament, or by Proclamation,
shall annul the law from the day when the disallowance is so made
known.
Signification of
the Governor Generals pleasure on Bills reserved.
60. A
proposed
law reserved for the Governor Generals pleasure shall not have any
force unless and until within two years from the day on which it was
presented to the Governor-General for assent the Governor-General
makes known, by speech or message to each of the Houses of the
Parliament, or by Proclamation, that the law has assent.
__________
CHAPTER II.
THE EXECUTIVE GOVERNMENT.
Executive
power.
61. The executive power
of the Commonwealth is
vested in the Governor-General
having the power to provide assent, withhold assent, or withdraw
assent within one year of a bill passing the constitutional
commission, parliament or referendum,
and extends to the execution and maintenance of this Constitution,
and of the laws of the Commonwealth.
62. The Governor General may be impeached by the verdict of nine or more of the twelve high court judges.
Federal
Executive Council.
62. Their
shall be a Federal
Executive Council to advise the Governor-General in the government of
the Commonwealth, and the members of the Council shall be chosen and
summoned by the Governor-General and sworn as Executive Councillors,
and shall hold office during his pleasure.
Provisions
referring to Governor-General.
63. The provisions of this
Constitution referring to the Governor-General in Council shall be
construed as referring to the Governor-General acting with the advice
of the Federal Executive Council.
Ministers
Of State
64.
The Governor-General may appoint officers to administer
departments of state of the Commonwealth as the Governor-General in
council may establish.
Such
officers shall hold office during the pleasure of the
Governor-General. They shall be members of the Federal Executive
Council, and shall shall be the Queens Ministers of State for the
Commonwealth.
Ministers
to sit in Parliament.
After the first general
election no
Minister of State shall hold office for a longer period than three
months unless he is or becomes a senator or a member of the House of
Representatives.
THE NATIONAL BUDGET PARLIAMENT.
64 The national budget making parliament comprises ; 100 members of the of the House of Representatives in one chamber, and 100 members of the Senate in the other chamber.
The Prime Minister is elected from the current elected members of the house of representatives by a joint sitting of the members of both chambers of national budget making parliament following election, when the Governor General determines, and subsequent to the resignation of the Prime Minister or dismissal of the Prime Minister after referral by the Governor General to a constitution commission jury and 60% disapproval. Each member of parliament may cast any standing vote value being a whole number between one and nine hundred and ninety nine to any member of parliament. The total vote value of each member of parliament as voter is reconsolidated to equal one. Members of parliament receiving no and the least vote value are withdrawn. If a vote is equal the member of parliament last born is withdrawn then at random. Then each voters vote value for remaining members if any remain in contention is reconsolidated to equal one. Each voter is deemed to gain the vote value they obtain in the round before being withdrawn. In turn this process is repeated until a winner is found who is until replaced or disqualified Prime Minister.
Ministers and the commonwealth treasurer. The Prime Minister alone may appoint or replace from the members of the House of representatives One minister for each of the thirteen departments other than the Senate or House of Representatives, for each departments legislation, A minister for democratic processes legislation, and a Treasurer for national taxation and debt legislation and budget amendments.
The Prime Minister, the democratic processes minister, the thirteen department ministers, and the Treasurer as a whole comprise the cabinet.
To have force of law the relevant house of representatives minister and the Prime Minister alone must agree on inquiry terms of references for constitutional reform amendments including if having budget allocations and have the the terms of reference gain over fifty percent of cabinet ministers and also gain over forty five percent approval to both houses of the national budget making parliament.
To have force of law the relevant house of representatives minister and the Prime Minister alone must agree on law proposals which may be financial or non financial to go in {} brackets in the constitution including if having budget allocations and have the the terms of reference gain over fifty percent of cabinet ministers and also gain over forty five percent approval to both houses of the national budget making parliament.
Disagreement between the houses ; If the prime minister, department minister, or the democratic processes minister puts any number of bills before either house of parliament, which one house passes, but the other house rejects, or fails to pass, or passes with amendments which the first house disagrees with. Then at a subsequent session of parliament, [ staggered constitutional commission, senate, house of representatives, and state month long sessions, so after four months for each house ] if the same bill is again put to either house of parliament, with or without any amendments agreed to by the other house, and to the other house of parliament which fails to pass the bill, or passes the bill with amendments to which the first house disagrees, the relevant Minister may put the bill aside. After the next general election both houses of parliament must convene a joint sittings of the members of the Senate and of the House of Representatives. To elect the Prime Minister from members of the House of representatives. For election of the Prime Minister each member of the federal parliament may cast any vote value from 1 to nine hundred and ninety nine to any number of the house of representatives. Then following the re consolidation of vote value by each voter to total one, the zero and lowest vote value recipients are progressively withdrawn, with re consolidation of each voters votes for remaining recipients to total one after each round until finding the winner. The prime minister may then appoint a ministry and a treasurer. The prime minister or the democratic processes minister may re-put to this or another joint sitting, each on it own at a time, any of any number of bills put aside and receiving a general election mandate. With or without amendments which both houses agree to before or after the election. If from the absolute number of members of the senate and house of representatives voting together in a joint sitting, 45% affirm the bill then the bill shall carry as if duly passing both houses of the parliament, and shall be presented to the Governor-General for assent.
The treasurer alone may put to cabinet and then to both houses of parliament bills for amendment to the commonwealth budget including amendment to any tax and spending numeric value, or any budget related spending guidelines to go within {} brackets in the constitution subject to the rest of the constitution, or privatization including appropriation of the proceeds. To have force of law each treasurers budget bill must gain more votes than 90 [ 45% of ] votes in favor after adding together the votes in favor in both houses of the federal parliament, irrespective of whether each house of parliament on its own agrees or disagrees with the budget bill. Voting according to the parliaments usual session and business time table. [ The Treasurer has a joint sitting for all budget amendments rather than having to wait for an election, be it by adding together the votes of both houses voting as individual houses. ]
Spending submission refusal. Each senate minister alone may endorse any spending submission refusal. To lose force of law a spending submission must be refused by the votes of 45 [ 45% of the ] or more of the members of the senate.
Contractor selection amendment. Each senate minister alone may introduce any motion to to add or remove a private company from the list of approved a supplier to the commonwealth in the relevant category. To have force of law if to add gains more than 45% approval of the Senate and to remove gains over 55% approval of the Senate.
The representatives of each department may vote as a whole with the assembly for which they belong such as each of the state parliaments or the defense assembly. With a 50% majority approving a spending submissions.
The Governor General is prohibited from dismissing the Prime Minister, The Treasurer, any other minister or any chair person. Except may refer the tenure of any elected representative including the Prime Minister, Ministers Treasurer, any other minister or any chair person to the constitution commission citizens council jury with a 60% against vote leading to dismissal.
The Prime
Minister, the Treasurer, and
other ministers
and Chair of committees
shall be members of the Federal Executive Council, and shall be the
Ministers of State for the Commonwealth.
Number
Of Ministers65.
Until the Parliament otherwise provides, the Ministers of
State
shall not exceed seven in number, and shall hold such office as the
Parliament prescribes, or, in the absence of provision, as the
Governor-General directs.
Salaries
of Ministers.66.
There shall be payable to the Queen, out of the Consolidated Revenue
Fund of the Commonwealth, for the salaries of the Ministers of state,
an annual sum which, until the parliament otherwise provides, shall
not exceed twelve thousand pounds a year.
Bonus
of the Ministers, on top of the salary for being a member of
parliament.
66. There shall be paid out of the
Consolidated
Revenue fund of the Commonwealth, a
Bonus for
each minister, of an
annual sum of the
Gross Domestic Product of Australia / the population of Australia at
the year end of the last calender year to December 31 x 30
[ $1,050,000. ]
Appointment
of civil servants.
67. Except
as the Parliament otherwise provides, The
appointment
and removal of military
and law enforcement
officers shall be vested in the relevant
defense or law enforcement minister.
Command of
naval and military forces.
68. Deployment
authorization of the law enforcement naval and military forces of the
Commonwealth are subject to individual discretion as commissioned by
a defense assembly representative, subject to on going free will of
the Governor General and
on going consent of over 50% of each subsequent constitution
commission random selection of one thousand citizens council jurists.
Also the
where exercising free will the Governor-General may order compliance
with weapons of mass destruction inspections and war crimes
investigations.
Transfer
of certain departments.
69. On
a date or dates to be
proclaimed by the Governor-General after the establishment of the
Commonwealth the following departments of the public service in each
State shall become transferred to the Commonwealth:-
Posts,
telegraphs, and telephones:
Naval and military defence:
Lighthouses, lightships, beacons, and buoys:
Quarantine.
But
the departments of customs and of excise in each State shall become
transferred to the Commonwealth on its establishment.
Certain
powers of Governors to vest in Governor-General.
70.
In
respect of matters which, under this Constitution, pass to the
Executive Government of the Commonwealth, all powers and functions
which at the establishment of the Commonwealth are vested in the
Governor of a Colony, or in the Governor of a Colony with the advice
of his Executive Council, or in any authority of a Colony, shall vest
in the Governor-General, or in the Governor-General in Council, or in
the authority exercising similar powers under the Commonwealth, as
the case requires.
__________
CHAPTER III.
THE JUDICATURE.
Judicial
power and Courts.
71. The
judicial power of the
Commonwealth shall be vested in a Federal Supreme Court, to be called
the High Court of Australia, and in such other federal courts as the
Parliament creates, and in such other courts as it invests with
federal jurisdiction. The High Court shall consist of a Chief
Justice, and so many other Justices, not less than two, as the
Parliament prescribes.
Judges'
appointment tenure and remuneration
72. The
Justices
of the High Court and of the other courts created by the Parliament-
(i.)
Shall be appointed by the Governor-General in Council:
(ii.)
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:
(i.) Appointed of a Justice; shall be after self nomination and payment of $500 { 2003 GDP / population relative}. Following the gaining of 60% the voluntary yes votes of a random selection of 1000 citizens of the legitimate citizens council jury. The appointment of the twelve high court judges shall be for a period of twelve months as a consequence of random selection from all Justices, with replacement of one high court judge each month.
(ii.) Dismissal of a Justice; may be by referral by the Governor General of the tenure of the Justice, to a legitimate citizens council jury. Following the casting of 60% of voluntary votes as no votes. Being against the continuance of the employment of the Justice, leading to dismissal.
(iii.) Shall receive such remuneration as the Parliament may fix; but the remuneration shall not be diminished during their continuance in office.
(Paragraph
added by No.83 1977, s.2.)
The appointment of a Justice of
the
High Court shall be for a term expiring upon his attaining the age of
seventy years, and a person shall not be appointed as a Justice of
the High Court if he has attained that age.
(Paragraph
added by No. 83, 1977, s.2.)
The appointment of a Justice of
a
court created by the Parliament shall be for a term expiring upon his
attaining the age that is, at the time of his appointment, the
maximum age for Justices of that court and a person shall not be
appointed as a Justice of such a court if he has attained the age
that is for the time being the maximum age for Justices of that
court.
(Paragraph
added by No. 83, 1977, s.2.)
Subject to this section, the
maximum
age for Justices of any court created by the Parliament is seventy
years.
(Paragraph
added by No. 83, 1977, s.2.)
The Parliament may make a law
fixing
an age that is less than seventy years as the maximum age for
Justices of a court created by the Parliament and may at any time
repeal or amend such a law, but any such repeal or amendment does not
affect the term of office of a Justice under an appointment made
before the repeal or amendment.
(Paragraph
added by No.83, 1977, s.2.)
A Justice of the High Court or
of a
court created by the Parliament may resign his office by writing
under his hand delivered to the Governor-General.
(Paragraph
added by No.83, 1977, s.2.)
Nothing in the provisions added
to
this section by the Constitution Alteration (Retirement of
Judges)
1977 affects the continuance of a person in office as a Justice of a
court under an appointment made before the commencement of those
provisions.
(Paragraph
added by No.83, 1977, s.2.)
A reference in this section to
the
appointment of a Justice of the High Court or of a court created by
the Parliament shall be read as including a reference to the
appointment of a person who holds office as a Justice of the High
Court or of a court created by the Parliament to another office of
Justice of the same court having a different status or designation.
Appellate
Jurisdiction of the
High Court.
73.
The High Court shall have at
its own discretion without exception by other judicial,
parliamentary,
Ministerial, or Governor General law or decree,
(i)
original
and/or final
jurisdiction, with
such exceptions and
subject to such regulations as the Parliament prescribes,
and:
(ii) jurisdiction to hear and determine appeals from all judgements, decrees, orders, and sentences.
73A Of
(i.) of
any Justice or Justices exercising the original jurisdiction of the
High Court:
(ii.) of
any other federal court, or court exercising federal jurisdiction; or
of the Supreme Court of any State, or of any other court of any
State. from which at
the establishment
of the Commonwealth an appeal lies to the Governor General in
Council:
(iii.) Of
the Inter-State Commission, but as to questions of law only:
73B Where
(i)
Arising under any treaty:
(ii) Affecting consuls or other
representatives of other countries
(iii) In which the
Commonwealth, or a person suing or being sued on behalf of the
Commonwealth, is a party:
(iv) Between States, or between
residents of different States, or between a State and a resident of
another State:
(v) In which a writ of Mandamus or
prohibition or
an injunction is sought against an officer of the Commonwealth:
(vi)Arising of any issue of common law:
Additional
original jurisdiction
76. The Parliament may make laws
conferring
original jurisdiction on the High Court in any matter-
(vii)
Arising under this Constitution, or involving its interpretation:
(viii)
Arising under any laws
made by the Parliament:
(ix)
Of Admiralty and maritime jurisdiction:
(x)
Relating to the same subject-matter claimed under the laws of
different States.
(xi) military justice.
and the judgment of the High Court in all such cases shall be final and conclusive.
Except for yet to be citizens; court proceedings including appeal to the high court is subject to termination, detention, and deportation by regulation or order as the immigration department ministers as an assembly determines within Australia or as the defense assembly determines outside of Australia.
But
No other
exception or regulation
prescribed by the Parliament shall prevent the Hight Court from
hearing and determining any appeal from the Supreme Court of a State
in any matter in which at the establishment of the Commonwealth an
appeal lies from such Supreme Court to the Queen in Council.
Until
the Parliament otherwise provides, the conditions of and restrictions
on appeals to the Governor General in Council from the Supreme Courts
of the several States shall be applicable to appeals from them to the
High Court.
NO
Appeal
to Governor General in Council.
74. No appeal shall be permitted to the
Governor General
in Council from a decision of the High Court upon any question,
howsoever arising, as to the limits inter se of the Constitutional
powers of the Commonwealth and those of any State or States, or as to
the limits inter se of the Constitutional powers of any two or more
States, unless the
High Court shall
certify that the question is one which ought to be determined by the
Governor General in Council.
The
High Court may so certify if satisfied that for any special reason
the certificate should be granted, and thereupon an appeal shall lie
to the Governor General in Council on the question without further
leave.
Except
as provided in this section, this Constitution shall not impair any
right which the Governor General may be pleased to exercise by virtue
of his or her prerogative to grant special leave of appeal from the
High Court to the Governor General in Council. The Parliament may
make laws limiting the matters in which such leave may be asked13,
but proposed laws containing any such limitation shall be reserved by
the Governor-General for his of her pleasure.
Original
jurisdiction of High Court.
75. In all matters-
[
to section 73 ]
the
High Court shall have original jurisdiction.
Power to
define jurisdiction
77. With
respect to any of the
matters mentioned in the last two sections the Parliament may make
laws-
(i.)
Defining the jurisdiction of any federal court other than the High
Court: (ii.) Defining the extent to which the jurisdiction of any
federal court shall be exclusive of that which belongs to or is
invested in the courts of the States:
(iii.) Investing any
court
of a State with federal jurisdiction.
Proceedings
against Commonwealth or State.
78. The
Parliament may
make laws conferring rights to proceed against the Commonwealth or a
State in respect of matters within the limits of the judicial power.
Number of
judges.
79. The federal
jurisdiction of any court may
be exercised by such number of judges as the Parliament prescribes.
Trial by
jury.
80. The trial on
indictment of any offence
against any law of the Commonwealth shall be by jury, and every such
trial shall be held in the State where the offence was committed, and
if the offence was not committed within any State the trial shall be
held at such place or places as the Parliament prescribes.
_________
CHAPTER IV.
FINANCE AND TRADE
Consolidated
Revenue Funds.
81. All
revenues or moneys raised or
received by the Executive Government of the Commonwealth shall form
one Consolidated Revenue Fund, to be appropriated for the purposes of
the Commonwealth in the manner and subject to the charges and
liabilities imposed by this Constitution.
Expenditure
charged thereon.
82. The
costs, charges, and expenses
incident to the collection, management, and receipt of the
Consolidated Revenue Fund shall form the first charge thereon; and
the revenue of the Commonwealth shall in the fist instance be applied
to the payment of the expenditure of the Commonwealth.
Money to
be appropriated by law.
83. No
money shall be drawn
from the Treasury of the Commonwealth except under appropriation made
by law.
But
until expiration of one month after the first meeting of the
Parliament the Governor-General in Council may draw from the Treasury
and expend such moneys as may be necessary for the maintenance of any
department.
Transfer
of officers.
84. When any
department of the public
service of a State becomes transferred to the Commonwealth, all
officers of the department shall become subject to the control of the
Executive Government of the Commonwealth.
Any such officer who is not retained in the service of the Commonwealth shall, unless he is appointed to some other office of equal emolument in the public service of the State, be entitled to receive from the State any pension, gratuity, or other compensation, payable under the law of the State on the abolition of his office.
Any such officer who is retained in the service of the Commonwealth shall preserve all his existing and accruing rights, and shall be entitled to retire from office at the time, and on the pension or retiring allowance, which would be permitted by the law of the State if his service with the Commonwealth were a continuation of his service with the State. Such pension or retiring allowance shall be paid to him by the Commonwealth; but the State shall pay to the Commonwealth a part thereof, to be calculated on the proportion which his term of service with the State bears to his whole term of service, and for the purpose of the calculation his salary shall be taken to be that paid to him by the State at the time of the transfer.
Any officer who is, at the establishment of the Commonwealth, in the public service of a State, and who is, by consent of the Governor of the State with the advice of the Executive Council thereof, transferred to the public service of the Commonwealth, shall have the same rights as if he had been an officer of a department transferred to the Commonwealth and were retained in the service of the Commonwealth.
Transfer
of property of State.
85. When
any department of the
public service of a State is transferred to the Commonwealth
(i.) All
property of the State of any kind, used exclusively in connexion with
the department, shall become vested in the Commonwealth; but, in the
case of the departments controlling customs and excise and bounties,
for such time only as the Governor-General in Council may declare to
be necessary:
(ii.) The Commonwealth may acquire any
property of
the State, of any kind used, but not exclusively used in connexion
with the department; the value thereof shall, if no agreement can be
made, be ascertained in, as nearly as may be, the manner in which the
value of land, or of an interest in land, taken by the State for
public purposes is ascertained under the law of the State in force at
the establishment of the Commonwealth:
(iii.) The
Commonwealth
shall compensate the State for the value of any property passing to
the Commonwealth under this section; if no agreement can be made as
to the mode of compensation, it shall be determined under laws to be
made by the Parliament:
(iv.) The Commonwealth shall, at the
date
of the transfer, assume the current obligations of the State in
respect of the department transferred.
86. On the establishment of the Commonwealth, the collection and control of duties of customs and of excise, and the control of the payment of bounties, shall pass to the Executive Government of the Commonwealth.
87.
During a period of ten years after the establishment of the
Commonwealth and thereafter until the Parliament otherwise provides,
of the net revenue of the Commonwealth from duties of customs and of
excise not more than one-fourth shall be applied annually by the
Commonwealth towards its expenditure.
The
balance shall, in accordance with this Constitution, be paid to the
several States, or applied towards the payment of interest on debts
of the several States taken over by the Commonwealth.
Uniform
duties of customs.
88. Taxes
and duties for importation into or export from Australia shall be
uniform across Australia. Uniform
duties of customs shall be imposed within two years after the
establishment of the Commonwealth.
Payment
to States before uniform duties.
89. Until the imposition of
uniform duties of customs-
(i.)
The Commonwealth shall credit to each State the revenues collected
therein by the Commonwealth.
(ii.) The Commonwealth shall
debit
to each State-
(a)
The expenditure therein of the Commonwealth incurred solely for the
maintenance or continuance, as at the time of transfer, of any
department transferred from the State to the Commonwealth;
(b)
The proportion of the State, according to the number of its people,
in the other expenditure of the Commonwealth.
(iii.)
The Commonwealth shall pay to each State month by month the balance
(if any) in favour of the State.
Exclusive
power over customs, excise, and bounties.
90.
On the
imposition of uniform duties of customs the power of the Parliament
to impose duties of customs and of excise, and to grant bounties on
the production or export of goods, shall become exclusive.
On the imposition of uniform duties of customs all laws of the several States imposing duties of customs or of excise, or offering bounties on the production or export of goods, shall cease to have effect, but any grant of or agreement for any such bounty lawfully made by or under the authority of the Government of any State shall be taken to be good if made before the thirtieth day of June, one thousand eight hundred and ninety-eight, and not otherwise.
Exceptions
as to bounties.
91. Nothing in
this Constitution
prohibits a State from granting any aid to or bounty on mining for
gold, silver, or other metals, nor from granting, with the consent of
both Houses of the Parliament of the Commonwealth expressed by
resolution, any aid to or bounty on the production or export of
goods.
Trade
within the Commonwealth to be free.
92. On
the
imposition of uniform duties of customs, trade, commerce, and
intercourse among the States, whether by means of internal carriage
or ocean navigation, shall be absolutely free.
But notwithstanding anything in this Constitution, goods imported before the imposition of uniform duties of customs into any State, or into any Colony which, whilst the goods remain therein, becomes a State, shall, on thence passing into another State within two years after the imposition of such duties, be liable to any duty chargeable on the importation of such goods into the Commonwealth, less any duty paid in respect of the goods on their importation.
Payment to
States for five years after uniform tariffs.
93.
During the first five years after the imposition of uniform duties of
customs, and thereafter until the Parliament otherwise provides-
(i.) The
duties of customs chargeable on goods imported into a State and
afterwards passing into another State for consumption, and the duties
of excise paid on goods produced or manufactured in a State and
afterwards passing into another State for consumption, shall be taken
to have been collected not in the former but in the latter State:
(ii.) Subject to the last subsection, the Commonwealth shall
credit revenue, debit expenditure, and pay balances to the several
States as prescribed for the period preceding the imposition of
uniform duties of customs.
Distribution
of surplus.
94. After five
years from the imposition
of uniform duties of customs, the Parliament may provide, on such
basis as it deems fair, for the monthly payment to the several States
of all surplus revenue of the Commonwealth.
Customs
duties of Western Australia.
95.
Notwithstanding
anything in this Constitution, the Parliament of the State of Western
Australia, if that State be an Original State, may, during the first
five years after the imposition of uniform duties of customs, impose
duties of customs on goods passing into that State and not originally
imported from beyond the limits of the Commonwealth; and such duties
shall be collected by the Commonwealth.
But any duty so imposed on any goods shall not exceed during the first of such years the duty chargeable on the goods under the law of Western Australia in force at the imposition of uniform duties, and shall not exceed during the second, third, fourth, and fifth of such years respectively, four-fifths, three-fifths, two-fifths, and one-fifth of such latter duty, and all duties imposed under this section shall cease at the expiration of the fifth year after the imposition of uniform duties.
If at any time during the five years the duty on any goods under this section is higher than the duty imposed by the Commonwealth on the importation of the like goods, then such higher duty shall be collected on the goods when imported into Western Australia from beyond the limits of the Commonwealth.
Financial
assistance to States.
96. During
a period of ten years
after the establishment of the Commonwealth and thereafter until the
Parliament otherwise provides, the Parliament may grant financial
assistance to any State on such terms and conditions as the
Parliament thinks fit.
Audit.
97. Until the Parliament otherwise
provides, the laws in
force in any Colony which has become or becomes a State with respect
to the receipt of revenue and the expenditure of money on account of
the Government of the Colony, and the review and audit of such
receipt and expenditure, shall apply to the receipt of revenue and
the expenditure of money on account of the Commonwealth in the State
in the same manner as if the Commonwealth, or the Government or an
officer of the Commonwealth, were mentioned whenever the Colony, or
the Government or an officer of the Colony, is mentioned.
Trade and
commerce includes navigation and State railways.
98.
The power of the Parliament to make laws with respect to trade and
commerce extends to navigation and shipping, and to railways the
property of any State.
Commonwealth
not to give preference.
99. The
Commonwealth shall
not, by any law or regulation of trade, commerce, or revenue, give
preference to one State or any part thereof over another State or any
part thereof.
Rights to
use water.
100. The
Commonwealth shall not
by law or regulation of trade or commerce, regulate
the right of use of water consistently in all states, where based on
the most meritorious and profitable use of the waters
of
rivers for consumption by
humans, for
livestock, for conservation or for irrigation.
Inter-State
Commission.
101. There shall be
an Inter-State
Commission, with such powers of adjudication and administration as
the Parliament deems necessary for the execution and maintenance,
within the Commonwealth, of the provisions of this Constitution
relating to trade and commerce, and of all laws made thereunder.
Parliament
may forbid preferences by State.
102.
The Parliament
may by any law with respect to trade or commerce forbid, as to
railways, any preference or discrimination by any State, or by any
authority consituted under a State, if such preference or
discrimination is undue and unreasonable, or unjust to any State; due
regard being had to the financial responsibilities incurred by any
State in connexion with the construction and maintenance of its
railways. But no preference or discrimination shall, within the
meaning of this section, be taken to be undue and unreasonable, or
unjust to any State, unless so adjudged by the Inter-State
Commission.
Commissioners'
appointment, tenure, and remuneration.
103.
The
members of the Inter-State Commission-
(i.) Shall be
appointed by the Governor-General in Council:
(ii.) Shall
hold
office for seven years, but may be removed within that time 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:
(iii.) Shall receive
such
remuneration as the Parliament may fix; but such remuneration shall
not be diminished during their continuance in office.
Saving of
certain rates.
104. Nothing in
this Constitution shall
render unlawful any rate for the carriage of goods upon a railway,
the property of a State, if the rate is deemed by the Inter-State
Commission to be necessary for the development of the territory of
the State, and if the rate applies equally to goods within the State
and to goods passing into the State from other States.
Taking
over public debts of States. (Altered by No.3, 1910, s.2.)
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.
Agreements
with respect to State debts. (Inserted by No. 1.1929, s.2.)
105A.-(1.) The Commonwealth may make
agreements with the
States with respect to the public debts of the States, including-
(a)
the taking over of such debts by the Commonwealth;
(b)
the
management of such debts;
(c) the payment
of interest and
the provision and management of sinking funds in respect of such
debts;
(d) the consolidation, renewal,
conversion, and
redemption of such debts;
(e) the
indemnification of the
Commonwealth by the States in respect of debts taken over by the
Commonwealth; and
(f) the borrowing of
money by the States
or by the Commonwealth, or by the Commonwealth for the States.
(2.) The Parliament may make laws for validating any such agreement made before the commencement of this section.
(3.) The Parliament may make laws for the carrying out by the parties thereto of any such agreement.
(4.) Any such agreement may be varied or rescinded by the parties thereto.
(5.) Every such agreement and any such variation thereof shall be binding upon the Commonwealth and the States parties thereto notwith- standing anything contained in this Constitution or the Constitution of the several States or in any law of the Parliament of the Commonwealth or of any State.
(6.) The powers conferred by this section shall not be construed as being limited in any way by the provisions of section one hundred and five of this Constitution.
_____
CHAPTER V.
THE STATES.
Saving of
Constitutions.
106. The
Constitution of each State of
the Commonwealth shall, subject to this Constitution, continue as at
the establishment of the Commonwealth, or as at the admission or
establishment of the State, as the case may be, until altered in
accordance with the Constitution of the State.
Saving
of Power of State Parliaments.
107.
Every power of the
Parliament of a Colony which has become or becomes a State, shall,
unless it is by this Constitution exclusively vested in the
Parliament of the Commonwealth or withdrawn from the Parliament of
the State, continue as at the establishment of the Commonwealth, or
as at the admission or establishment of the State, as the case may
be.
Saving of
State laws.
108. Every law in
force in a Colony which
has become or becomes a State, and relating to any matter within the
powers of the Parliament of the Commonwealth, shall, subject to this
Constitution, continue in force in the State; and, until provision is
made in that behalf by the Parliament of the Commonwealth, the
Parliament of the State shall have such powers of alteration and of
repeal in respect of any such law as the Parliament of the Colony had
until the Colony became a State.
Inconsistency
of laws.
109. When a law of a
State is inconsistent
with a law of the Commonwealth, the latter shall prevail, and the
former shall, to the extent of the inconsistency, be invalid.
Provisions
referring to Governor.
110. The
provisions of this
Constitution relating to the Governor of a State extend and apply to
the Governor for the time being of the State, or other chief
executive officer or administrator of the government of the State.
States may
surrender territory.
111. The
Parliament of a State
may surrender any part of the State to the Commonwealth; and upon
such surrender, and the acceptance thereof by the Commonwealth, such
part of the State shall become subject to the exclusive jurisdiction
of the Commonwealth.
States may
levy charges for inspection laws.
112.
After uniform
duties of customs have been imposed, a State may levy on imports or
exports, or on goods passing into or out of the State, such charges
as may be necessary for executing the inspection laws of the State;
but the net produce of all charges so levied shall be for the use of
the Commonwealth; and any such inspection laws may be annulled by the
Parliament of the Commonwealth.
Intoxicating
liquids.
113. All fermented,
distilled, or other
intoxicating liquids passing into any State or remaining therein for
use, consumption, sale, or storage, shall be subject to the laws of
the State as if such liquids had been produced in the State.
States may not raise forces.
Taxation
of property of Commonwealth or State.
114.
A State
shall not, without the consent of the Parliament of the Commonwealth,
raise or maintain any naval or military force, or impose any tax on
property of any kind belonging to the Commonwealth, nor shall the
Commonwealth impose any tax on property of any kind belonging to a
State.
States not
to coin money.
115. A State
shall not coin money, nor
make anything but gold and silver coin a legal tender in payment of
debts.
Commonwealth
not to legislate in respect of religion.
116.
The
Commonwealth shall not make any law for but
may prohibit the establishing
of
any
religion, or for
imposing any religious
observance, or the
free exercise
of any religion.
No religious
test shall be required as a qualification for any office or public
trust under the Commonwealth.
Rights of
residents in States.
117. A
subject of this
constitution, resident in any State, shall not
be subject
in any other State to any disability or discrimination which would
not be equally applicable to him if he were a subject of the resident
in such other State.
Recognition
of laws, &c. of States
118.
Full faith and credit
shall be given, throughout the Commonwealth to the laws, the public
Acts and records, and the judicial proceedings of every State.
Protection
of States from invasion and violence
119.
The
Commonwealth shall protect every State against invasion and, on the
application of the Executive Government of the State, against
domestic violence.
Custody of
offenders against laws of the Commonwealth.
120.
Every
State shall make provision for the detention in its prisons of
persons accused or convicted of offences against the laws of the
commonwealth, and for the punishment of persons convicted of such
offences, and the Parliament of the Commonwealth may make laws to
give effect to this provision.
_________
CHAPTER VI.
NEW STATES.
New States
may be admitted or established.
121. The
Parliament
may admit to the Commonwealth or establish new States, and may upon
such admission or establishment make or impose such terms and
conditions, including the extent of representation in either House of
the Parliament, as it thinks fit.
Government
of territories.
122. The
Parliament may make laws for
the government of any territory surrendered by any State to and
accepted by the Commonwealth, or of any territory placed by the
United Nations under the authority of and accepted by the
Commonwealth, or otherwise acquired by the Commonwealth, and may
allow the representation of such territory in either House of the
Parliament to the extent and on the terms which it thinks fit.
Alteration
of limits of States.
123. The
Parliament of the
Commonwealth may, with the consent of the Parliament of a State, and
the approval of the majority of the electors of the State voting upon
the question, increase, diminish, or otherwise alter the limits of
the State, upon such terms and conditions as may be agreed on, and
may, with the like consent, make provision respecting the effect and
operation of any increase or diminution or alteration of territory in
relation to any State affected.
Formation
of new States.
124. A new
State may be formed by
separation of territory from a State, but only with the consent of
the Parliament thereof, and a new State may be formed by the union of
two or more States or parts of States, but only with the consent of
the Parliaments of the States affected.
________
CHAPTER VII.
MISCELLANEOUS.
Seat of
Government.
125. The seat of
Government of the
Commonwealth shall be determined by the Parliament, and shall be
within territory which shall have been granted to or acquired by the
Commonwealth, and shall be vested in and belong to the Commonwealth,
and shall be in the State of New South Wales, and be distant not less
than one hundred miles from Sydney.
Such territory shall contain an area of not less than one hundred square miles, and such portion thereof as shall consist of Crown lands shall be granted to the Commonwealth without any payment therefor.
The Parliament shall sit at Melbourne until it meet at the seat of Government.
Power of
the Governor-General to appoint deputies.
126.
The
Governor-General may appoint any person, or any persons jointly or
severally, to be his or her deputy or deputies within any part of the
Commonwealth, and in that capacity to exercise during the pleasure of
the Governor-General such powers and functions of the
Governor-General as he thinks fit to assign to such deputy or
deputies, subject to any limitations expressed or directions given by
the Governor General;
but the
appointment of such deputy or deputies shall not affect the exercise
by the Governor-General himself of any power or function.
*Section 127 repealed by No.55, 1967, s. 3.
_________
CHAPTER VIII.
ALTERATION
OF THE CONSTITUTION COMMISSION.
Mode
of altering the Constitution. (Paragraph
altered by No. 84, 1977, s. 2.)
[ optional modification of the method of referendum ]
128 THE CONSTITUTION COMMISSION : For each session of four weeks from the first Monday for each of months one, five, and nine a citizens council jury of one thousand citizens are selected at random from the electoral roll where over the age of fifteen, performed up to eight weeks in advance of jury notified if the electoral commission is to be paid before more than four weeks before the session, for jurists to serve for one four week session. Citizens Council jury members are paid $10,000 { GDP relative} [ x 3 sessions = total cost $30,000,000 per year ] to vote free of any other corrupting persuasion. To vote on officials, indicative plebiscites and referendum proposals. The Citizens Council jury member must select a proxy paid $5,000 { GDP relative} by the commonwealth for each jurist that selects the proxy to cast default vote value on behalf of each jurist on the jurists web-pages ballot and postal ballot papers, and up-date the jurists web page. The jurist may also fill in the vote value in boxes for each candidate, or submission, and yes or no for each referendum question have precedence if a value is existing. As a default each web-page ballot paper of each jurist is inactive so that the postal ballot paper has precedence if it’s submission is forthcoming. Except if a postal ballot has failed to be lodged in which case the jurists web-page ballot has precedence. To otherwise activate web page ballot precedence over postal ballot precedence the jurist must log in to their web-page ballot and activate all precedence of the web page ballot. In the first week of the session the jurist may lodge an alternative vote for any drafting agent, Foreign affairs commissioner and Governor general candidates before the end of Friday of the first week, on weeks two for any submissions for each of the current inquiries before the end of Friday of week two, and on week four on all referendum issues before the end of Friday of week four. A portable computer, internet access and password is provided to each citizens council member jurist to be kept by the citizens council member if selecting a valid proxy. Proxy are also provided with a password to vote on-line. Voting may also be done from any internet capable computer, using the Constitution Commission web page, [ Such as at home or as provided at any one of 1800 local community center ] which has candidate information, model reforms submissions, drafted amendments to the national constitution, and inquiry submissions. Managed by the Private Company For Electoral Commission.
Before each session; Before 12 weeks before each constitution commission session each candidate to contest any number of offices must pay a nomination fee of $20 {GDP / population relative} per session. Plus each submission author to contest any number of inquiry submission indicative elections must pay a nomination fee of $20 {GDP / population relative} per session. Plus each session proxy candidates to cast default votes on behalf of jurists and if gaining most selection take a seat in the constitution commission must pay a nomination fee of $100 { GDP / population relative} per session. From receiving notification of Constitution Commission Citizens Council jury duty from eight to six weeks before the session, the electoral commission to be paid per jurist must have each jurist receive a free portable computer for the jurist to own with a jurist specific password, and a paper ballot book for each ballot a one a4 page from each candidate or submission and a one page list of forty selections and vote value cast by each proxy. For the jurist to be paid for each ballot they must select a proxy for each ballot. Or as an alternative after entering a password with subsequent automatic entering of the password, on the jurists computer, the jurist must be shown a list of all proxy for each ballot, if the jurist is yet to select a proxy, until a selection is forthcoming before the ending of the ballot period at the ends of Friday on weeks one, three, and four. The jurist voting web page must allow the jurist to click through this opening web page to delay selection of a proxy. Subsequent to a jurists selection of a proxy the opening web page must be a selection of each of the ballots to vote on and the option to change proxy selection for each of the three ballots until solidification. Between ten and eight weeks before and the commencement of the session the proxy to be paid must cast default vote value allocation on each ballots they have registration for on behalf of all of the jurists they represent to be solidify on the commencement of the session. The five proxy in each of the ten states most selected in the current session then first registered gain a seat at the constitutional assembly, for the four weeks of the currant session.
The chair person selects and says a prayer before the commencement of proceedings each day.
Week one ; Election of the Governor General, Constitution Commission Chairperson, fifty drafting agents each representing Private Company For Constitution Drafting Agency, and the Foreign Affairs Commissioner. For to hold office for the last three weeks of the current session and until the end of the first week of the next session, drafting agent gain a seat at the constitutional assembly for that period, attendance is required by penalty of withdrawal of payment proportional to the time absent. Foreign Affairs Commissioner attendance is optional. Any citizen may pay $20 {GDP/ population relative} to nominate themselves to be a candidate for any number of positions for each four month term. Citizens Council jurists may cast any vote value being a whole number from one to nine hundred and ninety nine to any candidate, Vote value for each position contested is then modified so the total vote value of each Citizens Council [ jury ] voter adds up to exactly one with each allocation of vote value counted to nine numerals other than zeroes. Just candidates with some vote value make the count, Counting then finds the candidate with the least votes, who is removed from the count, Vote value of each Citizens Council jurist voter for candidates remaining is then reconsolidated to total one. Again the one receiving the least vote value is removed from the count and so on, until finding the last candidate remaining who gains first rank election.
Week two ; Judge appointments. Any citizen may for one of 100 district courts pay $500 {GDP/ population relative} to nominate themselves to be a court judge for life or until reput by the Governor General. Each nomination is put to the citizens council for their consideration for one session and until the beginning of the next session in which time the candidate may make a submission including a web-page link and a one page postal ballot representation in favor of appointment, plus any other person may make an anonymous submission against the appointment, including a web-page link and a one page postal ballot representation. At the next session the citizens council jurists must cast a yes or no vote, With 60% yes vote resulting in appointment. Each district is budgeted an equal portion of the judges pay budget. If there are two or more judges in a district cases and this amount is shared between judges equally. Appointment as a judge remains in force until age 65. Any person may put a request to the Governor General to have on the Governor Generals discretion a judge re-contest an election.
Week three ; Indicative plebiscite. For each standing inquiry,- one into democratic processes, one for the parliament departments, and one for each of the other nine departments, each Constitution Commission Citizens Council jury member must to be paid must have the electoral commission receive before the end of the Friday of week three vote value for each indicative plebiscite for to rate to rank the submissions to each inquiry. Submission author may be independent individuals or be endorsed by a party. Acceptance of submissions is subject to vetting for relevance and correctness of identity. Submissions are first presented in order of indicative vote they receive at the end of the third week of the last session/s, then in order of first registration until indicative voting for submissions at the end of the second week of the current session changes the rank. Submission web-site author must also by password submit their pay registry number for to be paid, name, e-mail address, postal address, and phone number. Citizens Council jurists may cast any vote value being a whole number from one to nine hundred and ninety nine to any inquiry submission in each of the 11 inquiries. Vote value is then modified so the total vote value of each Citizens Council jurist adds up to one to nine numeral places from the first whole number. The author of each submission is paid for each citizens council jury member first preference adjusted vote value unit above one [ to avoid self nomination ] in all inquiries a portion of $30,000,000 {GDP / 25,000} per session. Vote value cast by jurists or proxy are void where for any candidate or submission where the authors main life long state of residency in Australia is the same as the voter or the proxy, or where for any entity offering or providing any inducement for any purpose, or 100 closest relatives, of the voter, or any proposal authored or contributed to by the voter. Vote value for amendments to the national constitution submission receiving the least votes is withdrawn, vote value cast by each citizens council jurist for yet to be ranked submission author is re-adjusted so as to total one while maintaining relative size. If equal then in order of random precedence. This repeats until all submissions gain a rank for each inquiry. The total budget paid to submission author is divided between the three sessions per year, and each of the eleven inquiries, Each submission author is paid a portion of the budget allocation in proportion to the total value of first preference vote value allocated to the author in proportion to the total value of vote value cast to all submissions of model amendments to the national constitution regardless of the original conceiver.
Following the end of Friday on week three until four weeks before the next session ; For each inquiry the winning two percent up to fifty model national constitution amendment submissions author may draft one x one page amendment following from their submission. The Foreign Affairs Commissioner may also draft one amendments per session to the constitution in the same way but in relation to any international agreement of any forum with parliament endorsement. The author or foreign affairs commissioner to be paid for a referendum victory margin must endorse a draft amendment submissions from any one of any of the fifty drafting agent gaining election representing a Private Company For Constitution Drafting Agency who submit their draft amendments to the electoral commission web-page for access by the winning inquiry submission author using their same password used for lodging their inquiry submission URL, in which case the winning drafting agency is paid a portion of $3,333,333 divided between drafts commissioned in the same session. But the winning author/s of the submission of foreign affairs commissioner may disregard or amend the draft or otherwise draft an amendment. Draft amendment are then put to a referendum of the Citizens Council in week four of the following session.
Week four ; Referendum. For each inquiry the winning top two percent up to ten submission author by rank by vote of the indicative plebiscite of citizens council jurist members in the third week of the previous session may lodge before the commencement of the current session,- draft constitutional amendments, to be put to referendum of the one thousand citizens council jurists in the session subsequent to the one in which the author wins an indicative plebiscite. Each Citizens Council jurist must cast a vote yes or no for each amendment proposal to be paid. For referendum of drafted amendments any jurist or proxy; who’s main residence in the last year is the same as that of the author of the amendment, or who is one of the 100 closest relatives of the author are disqualified from voting on the amendment. Draft amendments pass the citizens council referendum if gaining more than sixty percent support of the Constitution Commission Citizens Council jurists qualifying to vote. The author if to be paid a portion of $3,000,000 {GDP / 250,000} in proportion to referendum yes vote victory margin in excess of 60% as a proportion of all victory margins of all referendum decisions in the session. To become law if then gaining Governor General assent. If two or more amendments pass a referendum in the current session but are contradictory then the one with the most vote fraction for it or if equal a random becomes law, the Governor General may also strike down any prior contradicting obsolete parts of the constitution.
For each postal ballot each ballots candidate, submission, or referendum proposal information author may submit a word processor file of one A4 page of fifty six lines of twelve point characters of text information with vetting for relevance and accuracy by the electoral commission with the first two lines blank or shifted down by two lines to fit in the ballot casting line, for the submission Authors name, state of residence, and a three section box column for the proxy to cast vote value and a three section box column for the jurist to cast alternative vote value. and with a two centimeters left margin for binding edge and one centimeter other margins. For web page ballots each candidate information, inquiry submission, or referendum question may be a link to a web page of any length which may be irrelevant. Information authors may update information using the password which the electoral commission allocates. So as to gain candidate election, submission ranking, or referendum outcome, the information author must also use their password to enter their pay registry account number for to be paid, name, e-mail address, postal address, and phone number. For candidates and inquiry ballots submissions the author may update their postal or web page ballot information at any time and continue to hold votes and rank when modifications are made. But for referendum amendments, which are as the author commissions or otherwise modifies and submits, finalization is eight weeks before the session, following the session in which the submission author gains precedence by indicative plebiscite of submissions to an inquiry. The electoral commission web page for each draft amendment commissioner must display the deadline for lodging referendum proposals. Candidate and submission author names presentation must be in order of the rank they receive in the last session then in random order. For referendums each draft amendment presentation must be in order of the vote before preference distribution the relevant inquiry submissions author receives in the third week of the last session then in random order. The making of a submission to an inquiry and for winning submission author the lodging of a referendum amendment is free of any charge.
The Governor General may with discretion grant or withhold assent to any amendment passing a referendum and determine when each amendment is to be implemented and laws related to its implementation, This assent may only occur within one year of approval or re-approval by referendum of a citizens council. Where an amendment requires a budget allocation old allocations may continue to be paid for people as the Governor General determines in parallel, subsequent spending submissions for any remaining budget allocation must comply with the referendum amendment.
Constitutional Assembly sitting times ; for each of the Fifty drafting agent and deputies, and Fifty most selected citizens council proxies. From 9 am to twelve mid-day, from one pm to 4 pm, and from 5pm to 8pm for the four week term. [ 60 minutes x 9 hours x 5 days, x 4 weeks = 10,800 minutes / 100 = 108 minutes average per 4 week term per commissioner or proxy ] Any commissioner or proxy may switch on a switch to contest speaking time, the elected drafting agent or deputy or citizens council proxy having had the least speaking time in the previous four weeks of session time then the first to the switch is granted the time slot and has the speakers microphone and light turned on, this is ended when the speaker or after a maximum of 20 minutes or after the ranking Chairperson presses the end button, this turns off the speakers light and microphone. Topics are set by the Governor General. Debate is managed as with the national budget making parliament.
128
This Constitution shall not be altered except in the following
manner:-
Proposed
law for the alteration therof 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 and Territory to the electors
qualified to vote for the election of members of the House of
Representatives.
(Paragraph
altered by No. 84, 1977, s. 2.)
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 to 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 and Territory 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 approved the proposed law, it shall be presented to the
Governor-General for 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.
(Paragraph
added by No. 84, 1977, s. 2.)
In this section, "Territory"
means any territory referred to in section one hundred and twenty-two
of this Constitution in respect of which there is in force a law
allowing its representation in the House of Representatives.
SCHEDULE.
OATH.
I, A.B., do swear that I will be faithful and bear true allegiance to democracy according to law. SO HELP ME GOD!
AFFIRMATION.
I, A.B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to democracy according to law.