# Commonwealth of Australia Constitution Act

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Initially passed by the Parliament of the United Kingdom and received Royal Assent on 9 July 1900; entered into force on 1 January 1901, and updated through referendum
Contents
​An Act to constitute the Commonwealth of Australia
[9th July 1900]
WHEREAS the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established:
And whereas it is expedient to provide for the admission into the Commonwealth of other Australasian Colonies and possessions of the Queen:
Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Short title [see Note 1]
2 Act to extend to the Queen’s successors
3 Proclamation of Commonwealth [see Note 2]
5 Operation of the Constitution and laws [see Note 3]
6 Definitions
The States shall mean such of the colonies of New South Wales, New Zealand, Queensland, Tasmania, Victoria, Western Australia, and South Australia, including the northern territory of South Australia, as for the time being are parts of the Commonwealth, and such colonies or territories as may be admitted into or established by the Commonwealth as States; and each of such parts of the Commonwealth shall be called a State.
7 Repeal of Federal Council Act [see Note 4]
8 Application of Colonial Boundaries Act
9 Constitution [see Note 1]
The Constitution
This Constitution is divided as follows:
    Chapter I—The Parliament
       Part I—General
       Part II—The Senate
       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
    The Schedule
Chapter I—The Parliament
Part I—General
1 Legislative power
2 Governor-General
3 Salary of Governor-General
4 Provisions relating to Governor-General
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
6 Yearly session of Parliament
Part II—The Senate
7 The Senate [see Note 5]
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 the 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 Original State shall have less than six senators.
8 Qualification of electors
9 Method of election of senators [see Note 6]
Times and places [see Note 6]
10 Application of State laws
11 Failure to choose senators
12 Issue of writs
13 Rotation of senators
​The election to fill vacant places shall be made in the year at the expiration of which within one year before the places are to become vacant.
14 Further provision for rotation [see Note 7]
15 Casual vacancies
At the next general election of members of the House of Representatives, or at the next election of senators for the State, whichever first happens, a successor shall, if the term has not then expired, be chosen to hold the place from the date of his election until the expiration of the term.
16 Qualifications of senator
17 Election of President
18 Absence of President
19 Resignation of senator
​20 Vacancy by absence
21 Vacancy to be notified
22 Quorum
23 Voting in the Senate
Part III—The House of Representatives
24 Constitution of House of Representatives
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:
(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.
25 Provision as to races disqualified from voting
| 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. |
27 Alteration of number of members
28 Duration of House of Representatives
29 Electoral divisions [see Note 9]
30 Qualification of electors
31 Application of State laws
32 Writs for general election
33 Writs for vacancies
34 Qualifications of members
(ii) he must be a subject of the Queen, either natural-born or for at least five years naturalized under a law of the United Kingdom, or of a Colony which has become or becomes a State, or of the Commonwealth, or of a State.
35 Election of Speaker
36 Absence of Speaker
37 Resignation of member
38 Vacancy by absence
40 Voting in House of Representatives
Part IV—Both Houses of the Parliament
41 Right of electors of States
42 Oath or affirmation of allegiance
43 Member of one House ineligible for other
44 Disqualification
(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.
45 Vacancy on happening of disqualification
(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;
46 Penalty for sitting when disqualified
47 Disputed elections
48 Allowance to members
49 Privileges etc. of Houses
50 Rules and orders
(ii) the order and conduct of its business and proceedings either separately or jointly with the other House.
Part V—Powers of the Parliament
51 Legislative powers of the Parliament [see Notes 10 and 11]
(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;
(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;
(xxvi) the people of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws;
(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.
52 Exclusive powers of the Parliament
(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.
53 Powers of the Houses in respect of legislation
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.
54 Appropriation Bills
55 Tax Bill
56 Recommendation of money votes
​57 Disagreement between the Houses
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.
58 Royal assent to Bills
59 Disallowance by the Queen
60 Signification of Queen’s pleasure on Bills reserved
Chapter II—The Executive Government
61 Executive power
62 Federal Executive Council
63 Provisions referring to Governor-General
64 Ministers of State
Such officers shall hold office during the pleasure of the Governor-General. They shall be members of the Federal Executive Council, and shall be the Queen’s Ministers of State for the Commonwealth.
Ministers to sit in Parliament
66 Salaries of Ministers
67 Appointment of civil servants
68 Command of naval and military forces
69 Transfer of certain departments
naval and military defence;
lighthouses, lightships, beacons, and buoys;
quarantine.
70 Certain powers of Governors to vest in Governor-General
Chapter III—The Judicature
71 Judicial power and Courts
72 Judges’ appointment, tenure, and remuneration
(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;
(iii) shall receive such remuneration as the Parliament may fix; but the remuneration shall not be diminished during their continuance in office.
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.
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.
Subject to this section, the maximum age for Justices of any court created by the Parliament is seventy years.
​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.
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.
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.
73 Appellate jurisdiction of 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 Queen in Council;
(iii) of the Inter-State Commission, but as to questions of law only;
and the judgment of the High Court in all such cases shall be final and conclusive.
But no exception or regulation prescribed by the Parliament shall prevent the High 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.
74 Appeal to Queen in Council [see Note 12]
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 Her Majesty in Council on the question without further leave.
75 Original jurisdiction of High Court
(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;
the High Court shall have original jurisdiction.
76 Additional original jurisdiction
(ii) arising under any laws made by the Parliament;
(iii) of Admiralty and maritime jurisdiction;
(iv) relating to the same subject-matter claimed under the laws of different States.
77 Power to define jurisdiction
(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.
78 Proceedings against Commonwealth or State
79 Number of judges
80 Trial by jury
Chapter IV—Finance and Trade
81 Consolidated Revenue Fund
82 Expenditure charged thereon
83 Money to be appropriated by law
84 Transfer of officers
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.
85 Transfer of property of State
(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 [Customs, excise, and bounties] [see Note 13]
87 [Revenue from customs and excise duties] [see Note 13]
88 Uniform duties of customs
89 Payment to States before uniform duties
(ii) the Commonwealth shall debit to each State:
(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.
90 Exclusive power over customs, excise, and bounties
91 Exceptions as to bounties
92 Trade within the Commonwealth to be free
93 Payment to States for five years after uniform tariffs
(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.
94 Distribution of surplus
95 Customs duties of Western Australia
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.
96 Financial assistance to States
97 Audit
98 Trade and commerce includes navigation and State railways
99 Commonwealth not to give preference
100 Nor abridge right to use water
101 Inter-State Commission
102 Parliament may forbid preferences by State
103 Commissioners’ appointment, tenure, and remuneration
(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.
105 Taking over public debts of States
105A Agreements with respect to State debts
(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 notwithstanding 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
106 Saving of Constitutions
107 Saving of Power of State Parliaments
108 Saving of State laws
109 Inconsistency of laws
110 Provisions referring to Governor
111 States may surrender territory
112 States may levy charges for inspection laws
113 Intoxicating liquids
114 States may not raise forces. Taxation of property of Commonwealth or State
115 States not to coin money
​116 Commonwealth not to legislate in respect of religion
117 Rights of residents in States
118 Recognition of laws etc. of States
119 Protection of States from invasion and violence
120 Custody of offenders against laws of the Commonwealth
Chapter VI—New States
121 New States may be admitted or established
122 Government of territories
123 Alteration of limits of States
124 Formation of new States
Chapter VII—Miscellaneous
125 Seat of Government
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.
126 Power to Her Majesty to authorise Governor-General to appoint deputies [see Note 14]
127 Aborigines not to be counted in reckoning population [Repealed]
Chapter VIII—Alteration of the Constitution
128 Mode of altering the Constitution [see Note 1]
The proposed law for the alteration thereof 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.
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 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.
Schedule
OATH
I, A. B., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors 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 Her Majesty Queen Victoria, Her heirs and successors according to law.
(NOTE: The name of the King or Queen of the United Kingdom of Great Britain and Ireland for the time being is to be substituted from time to time.)
Notes to the Commonwealth of Australia Constitution Act
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) | 82, 1977 | 29 July 1977 |
| Constitution Alteration (Retirement of Judges) | 83, 1977 | 29 July 1977 |
| Constitution Alteration (Referendums) 1977 | 84, 1977 | 29 July 1977 |
Table of Amendments :
| 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 |
ad. = added or inserted; am. = amended; rep. = repealed; rs. = repealed and substituted.
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 6Note 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’ Election 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 Elections of Senators Act of 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 (Regulation) 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):
New South Wales :
| Number | Short title | How affected |
| 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 | Repealed by No. 147, 1997 |
| 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 | Repealed by No. 55, 1997 ​ |
| No. 102, 1996 | Trans-Tasman Mutual Recognition (New South Wales) Act 1996 | (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) |
| No. 49, 2003 | Commonwealth Powers (De Facto Relationships) Act 2003 | (still in force) |
| No. 69, 2008 | Water (Commonwealth Powers) Act 2008 | (still in force) |
| No. 35, 2009 | Personal Property Securities (Commonwealth Powers) Act 2009 | (still in force) |
| No. 115, 2009 | Industrial Relations (Commonwealth Powers) Act 2009 | (still in force) |
Victoria :
| Number | Short title | How affected |
| No. 3108 | Commonwealth Powers (Air Navigation) Act 1920 | Repealed by No. 4502, 1937 |
| No. 3658 | Commonwealth Arrangements Act 1928 | Part III Repealed by No. 4502, 1937 |
| No. 4009 | Debt Conversion Agreement Act 1931 (No. 2) | Repealed by No. 73, 2005 |
| 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 | Expired; see s. 6 |
| No. 59, 1996 | Commonwealth Powers (Industrial Relations) Act 1996 | Repealed by No. 24, 2009 |
| No. 4, 1998 | Trans-Tasman Mutual Recognition (Victoria) Act 1998 | (still in force) |
| No. 62, 1998 | Mutual Recognition (Victoria) Act 1998 (Vic) | (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) |
| No. 84, 2004 | Commonwealth Powers (De Facto Relationships) Act 2004 | (still in force) |
| No. 75, 2008 | Water (Commonwealth Powers) Act 2008 | (still in force) |
| No. 24, 2009 | Fair Work (Commonwealth Powers) Act 2009 | (still in force) |
| No. 60, 2009 | Personal Property Securities (Commonwealth Powers) Act 2009 | (still in force) |
| No. 11, 2010 | Credit (Commonwealth Powers) Act 2010 | (still in force) |
Queensland :
| Number | Short title | How affected |
| 12 Geo. V. No. 30 | The Commonwealth Powers (Air Navigation) Act of 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 of 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) |
| No. 45, 2003 | Trans-Tasman Mutual Recognition (Queensland) Act 2003 | (still in force) |
| No. 78, 2003 | Commonwealth Powers (De Facto Relationships) Act 2003 | (still in force) |
| No. 58, 2008 | Water (Commonwealth Powers) Act 2008 | (still in force) |
| No. 37, 2009 | Personal Property Securities (Commonwealth Powers) Act 2009 | (still in force) |
| No. 49, 2009 | Fair Work (Commonwealth Powers) and Other Provisions Act 2009 | (still in force) ​ |
| No. 16, 2010 | Credit (Commonwealth Powers Act 2010) | (still in force) |
South Australia :
| Number | Short title | How affected |
| 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) Act of limited application |
| 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. 27, 1999 | Trans-Tasman Mutual Recognition (South Australia) Act 1999 | (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) |
| No. 43, 2008 | Water (Commonwealth Powers) Act 2008 | (still in force) |
| No. 47, 2009 | Personal Property Securities (Commonwealth Powers) Act 2009 | (still in force) |
| No. 57, 2009 | Fair Work (Commonwealth Powers) Act 2009 | (still in force) |
| No. 86, 2009 | Commonwealth Powers (De Facto Relationships) Act 2009 | (still in force) |
| No. 2, 2010 | Credit (Commonwealth Powers) Act 2010 | (still in force) |
Western Australia :
| Number | Short title | How affected |
| 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 | Expired; see s. 7 |
| No. 6, 2001 | Mutual Recognition (Western Australia) Act 2001 | (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) |
| No. 26, 2006 | Commonwealth Powers (De Facto Relationships) Act 2006 | (still in force) |
| No. 30, 2007 | Trans-Tasman Mutual Recognition (Western Australia) Act 2007 | (still in force) |
| No. 13, 2010 | Credit (Commonwealth Powers) Act 2010 | (still in force) |
Tasmania :
| Number | Short title | How affected |
| No. 81, 1947 | Commonwealth Powers Act 1945–1947, Amendment (Continuance) Act 1947 | Repealed by No. 58, 1965 |
| 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. 39, 2001 | Corporations (Commonwealth Powers) Act 2001 | (still in force) |
| No. 68, 2002 | Terrorism (Commonwealth Powers) Act 2002 | (still in force) |
| No. 60, 2003 | Trans-Tasman Mutual Recognition (Tasmania) Act 2003 | (still in force) |
| No. 18, 2006 | Commonwealth Powers (De Facto Relationships) Act 2006 | (still in force) |
| No. 51, 2009 | Credit (Commonwealth Powers) Act 2009 | (still in force) ​ |
| No. 88, 2009 | Industrial Relations (Commonwealth Powers) Act 2009 | (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 2008, S179.
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