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Notes to the Commonwealth of Australia Constitution Act

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(The Constitution)

This compilation was prepared on 25 July 2003, taking into account alterations up to Act No. 84 of 1977

Prepared by the Office of Legislative Drafting, Attorney‑General's Department, Canberra

Note 1

The Commonwealth of Australia Constitution Act (the Constitution) as shown in this compilation comprises the Constitution amended as indicated in the Tables below.

Table of Acts

Act

Number
and year

Date
of Assent

Constitution Alteration (Senate Elections) 1906

1, 1907

3 Apr 1907

Constitution Alteration (State Debts) 1909

3, 1910

6 Aug 1910

Constitution Alteration (State Debts) 1928

1, 1929

13 Feb 1929

Constitution Alteration (Social Services) 1946

81, 1946

19 Dec 1946

Constitution Alteration (Aboriginals) 1967

55, 1967

10 Aug 1967

Constitution Alteration (Senate Casual Vacancies) 1977

82, 1977

29 July 1977

Constitution Alteration (Retirement of Judges) 1977

83, 1977

29 July 1977

Constitution Alteration (Referendums) 1977

84, 1977

29 July 1977

Table of Amendments

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 = repealed     rs. = repealed and substituted

Provision affected

How affected

S. 13...............................

am. No. 1, 1907

S. 15...............................

rs. No. 82, 1977

S. 51...............................

am. No. 81, 1946; No. 55, 1967

S. 72...............................

am. No. 83, 1977

S. 105.............................

am. No. 3, 1910

S. 105A..........................

ad. No. 1, 1929

S. 127.............................

rep. No. 55, 1967

S. 128.............................

am. No. 84, 1977

 

 

Note 2

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

Note 3

Covering Clause 5--see also the Statute of Westminster Adoption Act 1942 .

Note 4

Covering Clause 7--The following Acts have repealed Acts passed by the Federal Council of Australasia:

Defence Act 1903 (No. 20, 1903), s. 6

Pearl Fisheries Act 1952 (No. 8, 1952), s. 3 (Pearl Fisheries Act 1952 repealed by Continental Shelf (Living Natural Resources) Act 1968, s. 3)

Service and Execution of Process Act 1901 (No. 11, 1901), s. 2 (subsequently repealed by Service and Execution of Process Act 1963, s. 3).

Note 5

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

Note 6

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

State

Number

Short title

How affected

New South Wales

No. 73, 1900

Federal Elections Act 1900

Ss. 2, 3, 4, 5 and 6 and the Schedule repealed by No. 9, 1903; wholly repealed by No. 41, 1912

 

No. 9, 1903

Senators' Elections Act 1903

(still in force)

Victoria

No. 1715

Federal Elections Act 1900

Repealed by No. 1860

 

No. 1860

Senate Elections (Times and Places) Act 1903

Repealed by No. 2723

 

No. 2399

Senate Elections (Times and Places) Act 1912

Repealed by No. 2723

 

No. 2723

Senate Elections (Times and Places) Act 1915

Repealed by No. 3769

 

No. 3769

Senate Elections (Times and Places) Act 1928

Repealed by No. 6365

 

No. 6365

Senate Elections Act 1958

(still in force)

Queensland

64 Vic. No. 25

The Parliament of the Commonwealth Elections Act and the Elections Acts 1885 to 1898 Amendment Act of 1900

Operation exhausted

 

3 Edw. VII. No. 6

The Election of Senators Act of 1903

Repealed by 9 Eliz. II. No. 20

 

9 Eliz. II. No. 20

The Senate Elections Act of 1960

(still in force)

South Australia

No. 834

The Election of Senators Act 1903

(still in force)

Western Australia

No. 11, 1903

Election of Senators Act 1903

(still in force)

Tasmania

64 Vic. No. 59

The Federal Elections Act 1900

Repealed by 26 Geo. V. No. 3

 

3 Edw. VII. No. 5

The Election of Senators Act 1903

Repealed by 26 Geo. V. No. 3

 

26 Geo. V. No. 3

Senate Elections Act 1935

(still in force)

Note 7

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

Note 8

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

Note 9

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

State

Number

Short title

New South Wales

No. 73, 1900

Federal Elections Act 1900

Victoria

No. 1667

Federal House of Representatives Victorian Electorates Act 1900

Queensland

64 Vic. No. 25

The Parliament of the Commonwealth Elections Act and The Elections Acts 1885 to 1898 Amendment Act of 1900

Western Australia

64 Vic. No. 6

Federal House of Representatives Western Australian Electorates Act 1900

Note 10

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

Whaling Industry (Regulations) Act 1934, s. 15

Geneva Convention Act, 1937, s. 2

Emergency Powers (Defence) Act 1939, s. 5

Army and Air Force (Annual) Act 1940, s. 3.

Note 11

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

 State

Number

Short title

How affected

New South Wales

No. 65, 1915

Commonwealth Powers (War) Act 1915

Expired 9 Jan 1921; see s. 5

 

No. 33, 1942

Commonwealth Powers Act 1942

Expired; see s. 4

 

No. 18, 1943

Commonwealth Powers Act 1943

Expired; see s. 4

 

No. 48, 1983

Commonwealth Powers (Meat Inspection) Act 1983

(still in force)

 

No. 182, 1986

Commonwealth Powers (Family Law-Children) Act 1986

(still in force)

 

No. 61, 1992

Mutual Recognition (New South Wales) Act 1992

(still in force)

 

No. 104, 1992

Commonwealth Powers (State Banking) Act 1992

(still in force)

 

No. 100, 1993

Commonwealth Powers (Poultry Processing) Act 1993

(still in force)

 

No. 1, 2001

Corporations (Commonwealth Powers) Act 2001

(still in force)

 

No. 114, 2002

Terrorism (Commonwealth Powers) Act 2002

(still in force)

Victoria

No. 3108

Commonwealth Powers (Air Navigation) Act 1920

Repealed by No. 4502

 

No. 3658

Commonwealth Arrangements Act 1928 (Part III)

Part III Repealed by No. 4502: Parts I & II Repealed by No. 6223

 

No. 4009

Debt Conversion Agreement Act 1931 (No. 2)

(still in force)

 

No. 4950

Commonwealth Powers Act 1943

Not proclaimed to come into operation and cannot now be so proclaimed

 

No. 92, 1986

Commonwealth Powers (Family Law-Children) Act 1986

(still in force)

 

No. 2, 1993

Mutual Recognition (Victoria) Act 1993

(still in force)

 

No. 59, 1996

Commonwealth Powers (Industrial Relations) Act 1996

(still in force)

 

No. 6, 2001

Corporations (Commonwealth Powers) Act 2001

(still in force)

 

No. 14, 2003

Terrorism (Commonwealth Powers) Act 2003

(still in force)

Queensland

12 Geo. V. No. 30

The Commonwealth Powers (Air Navigation) Act 1921

Repealed by 1 Geo. VI. No. 8

 

22 Geo. V. No. 30

The Commonwealth Legislative Power Act 1931

Repealed by No. 46, 1983

 

7 Geo. VI. No. 19

Commonwealth Powers Act 1943

Expired; see s. 4

 

14 Geo. VI. No. 2

The Commonwealth Powers (Air Transport) Act 1950

(still in force)

 

No. 37, 1990

Commonwealth Powers (Family Law-Children) Act 1990

(still in force)

 

No. 67, 1992

Mutual Recognition (Queensland) Act 1992

(still in force)

 

No. 43, 2001

Corporations (Commonwealth Powers) Act 2001

(still in force)

 

No. 79, 2002

Terrorism (Commonwealth Powers) Act 2002

(still in force)

South Australia

No. 1469, 1921

Commonwealth Powers (Air Navigation) Act 1921

Repealed by No. 2352, 1937

 

No. 2061, 1931

Commonwealth Legislative Power Act 1931

(still in force)

 

No. 3, 1943

Commonwealth Powers Act 1943

Expired; see s. 5

 

No. 89, 1986

Commonwealth Powers (Family Law) Act 1986

(still in force)

 

No. 72, 1993

Mutual Recognition (South Australia) Act 1993

(still in force)

 

No. 21, 2001

Corporations (Commonwealth Powers) Act 2001

(still in force)

 

No. 50, 2002

Terrorism (Commonwealth Powers) Act 2002

(still in force)

Western Australia

No. 4, 1943

Commonwealth Powers Act 1943

Repealed by No. 58, 1965

 

No. 57, 1945

Commonwealth Powers Act 1945

Repealed by No. 58, 1965

 

No. 30, 1947

Commonwealth Powers Act 1943, Amendment Act 1947

Repealed by No. 58, 1965

 

No. 31, 1947

Commonwealth Powers Act 1945, Amendment Act 1947

Repealed by No. 58, 1965

 

No. 73, 1947

Commonwealth Powers Act 1945, Amendment Act (No. 2), 1947

Repealed by No. 58, 1965

 

No. 81, 1947

Commonwealth Powers Act 1945‑1947, Amendment (Continuance) Act 1947

Repealed by No. 58, 1965

 

No. 53, 1995

Mutual Recognition (Western Australia) Act 1995

(still in force)

 

No. 7, 2001

Corporations (Commonwealth Powers) Act 2001

(still in force)

 

No. 53, 2002

Terrorism (Commonwealth Powers) Act 2002

(still in force)

Tasmania

11 Geo. V. No. 42

Commonwealth Powers (Air Navigation) Act 1920

Repealed by 1 Geo. VI. No. 14

 

No. 46, 1952

Commonwealth Powers (Air Transport) Act 1952

(still in force)

 

No. 62, 1966

Commonwealth Powers (Trade Practices) Act 1966

Expired; see s. 2

 

No. 5, 1987

Commonwealth Powers (Family Law) Act 1987

(still in force)

 

No. 33, 1993

Mutual Recognition (Tasmania) Act 1993

(still in force)

 

No. 20, 1994

Commonwealth Powers (Family Law) Amendment Act 1994

(still in force)

 

No. 39, 2001

Corporations (Commonwealth Powers) Act 2001

(still in force)

 

No. 68, 2002

Terrorism (Commonwealth Powers) Act 2002

(still in force)

Note 12

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

Note 13

Sections 86 and 87--the headings for these sections have been added for compilation purposes.

 Note 14

S. 126--See clause IV of the Letters Patent relating to the Office of Governor‑General, published in Gazette 1984, S334.