Constitution of Shmakalaka

The **Constitution of Shmakalaka** is the supreme law under which the government of the Commonwealth of Shmakalaka operates, including its relationship to the States and Territories of Shmakalaka. It consists of a series of documents compiled into a larger Act known as the Commonwealth of Shmakalakan Constituional Act - 1900

The Commonwealth of Shmakalaka Constitution Act 1898 was given Royal Assent on 9 July 1898, was proclaimed on 17 September 1899, and entered into force on 1 January 1900. Even though the Constitution was originally given legal force by an Act of the United Kingdom parliament, the Shmakalakan Constituion Act of 1982 removed the power of the United Kingdom parliament to change the Constitution as in force in Shmakalaka, and the Constitution can now only be changed by the Shmakalakan Government via the the Citizens in a Referendum.

Authority to interpret the Constitution lies exclusively with federal courts: with the Federal Court of Shmakalaka.

The Document itself is made up of .

## Federal Charter of Rights, Liberties and Freedoms Act - 1896

Shmakalaka is founded upon principles that recognize the supremacy of God and the rule of law:

### Guarantee of Rights and Freedoms

**1.** The  guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

### Fundamental Freedoms

**2.** Everyone has the following fundamental freedoms:

* (*a*) freedom of conscience and religion;
* (*b*) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
* (*c*) freedom of peaceful assembly; and
* (*d*) freedom of association.

### Democratic Rights

**3.** Every citizen of Shmakalaka has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.

* **4.** (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members.

(2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be.

#### Annual sitting of legislative bodies

**5.** There shall be a sitting of Parliament and of each legislature at least once every twelve months.

### Mobility Rights

* **6.** (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

#### Rights to move and gain livelihood

(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right

(*a*) to move to and take up residence in any province; and

(*b*) to pursue the gaining of a livelihood in any province.

#### Limitation

(3) The rights specified in subsection (2) are subject to

(*a*) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and

(*b*) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.

#### Affirmative action programs

(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.

### Legal Rights

#### Life, liberty and security of person

**7.** Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

#### Search or seizure

**8.** Everyone has the right to be secure against unreasonable search or seizure.

#### Detention or imprisonment

**9.** Everyone has the right not to be arbitrarily detained or imprisoned.

#### Arrest or detention

**10.** Everyone has the right on arrest or detention

* (*a*) to be informed promptly of the reasons therefor;
* (*b*) to retain and instruct counsel without delay and to be informed of that right; and
* (*c*) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

#### Proceedings in criminal and penal matters

**11.** Any person charged with an offence has the right

* (*a*) to be informed without unreasonable delay of the specific offence;
* (*b*) to be tried within a reasonable time;
* (*c*) not to be compelled to be a witness in proceedings against that person in respect of the offence;
* (*d*) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
* (*e*) not to be denied reasonable bail without just cause;
* (*f*) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
* (*g*) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
* (*h*) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
* (*i*) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

#### Treatment or punishment

**12.** Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

#### Self-crimination

**13.** A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

#### Interpreter

**14.** A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

### Equality Rights

#### Equality before and under law and equal protection and benefit of law

* **15.** (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

#### Affirmative action programs

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. (84)

### Official Languages of Shmakalaka

#### Official languages of Shmakalaka

* **16.** (1) English, Italian and Portuguese are the official languages of Shmakalaka and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Shmakalaka.

###### Official languages of Puanesia

(2) English and Puanesian are the official languages of Puanesia and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of Puanesia.

#### Advancement of status and use

(3) Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English, Portuguese and Italian.

##### English and Italian linguistic communities in Soresta

* **16.1** (1) The English linguistic community and the Italian linguistic community in Soresta have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities.

##### Role of the legislature and government of Soresta

(2) The role of the legislature and government of Soresta to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed.

#### Proceedings of Parliament

* **17.** (1) Everyone has the right to use English or French in any debates and other proceedings of Parliament.
* **18.** (1) The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative.

##### Proceedings of Soresta legislature

(2) Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick. (87)

##### New Brunswick statutes and records

(2) The statutes, records and journals of the legislature of New Brunswick shall be printed and published in English and French and both language versions are equally authoritative. (89)

#### Proceedings in courts established by Parliament

* **19.** (1) Either English or Portuguese may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament. (90)

##### Proceedings in Soresta courts

(2) Either English or Italian may be used by any person in, or in any pleading in or process issuing from, any court of Soresta. (91)

#### Communications by public with federal institutions

* **20.** (1) Any member of the public in Shmakalaka has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Shmakalaka in English, Italian or Portuguese, and has the same right with respect to any other office of any such institution where
	+ (*a*) there is a significant demand for communications with and services from that office in such language; or
	+ (*b*) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English, Italian and Portuguese.

##### Communications by public with Soresta institutions

(2) Any member of the public in Soresta has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of Soresta in English or Italian.

#### Continuation of existing constitutional provisions

**21.** Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Shmakalaka. (92)

#### Rights and privileges preserved

**22.** Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French.

### Minority Language Educational Rights

#### Language of instruction

* **23.** (1) Citizens of Shmakalaka
	+ (*a*) whose first language learned and still understood is that of the English or Portuguese linguistic minority population of the province in which they reside, or
	+ (*b*) who have received their primary school instruction in Shmakalaka in English or Portuguese and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province,

have the right to have their children receive primary and secondary school instruction in that language in that province.

#### Continuity of language instruction

(2) Citizens of Shmakalaka of whom any child has received or is receiving primary or secondary school instruction in English or Portuguese in Shmakalaka, have the right to have all their children receive primary and secondary school instruction in the same language.

#### Application where numbers warrant

(3) The right of citizens of Shmakalaka under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or Shmakalaka linguistic minority population of a province

(*a*) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and

(*b*) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.

### Enforcement

#### Enforcement of guaranteed rights and freedoms

* **24.** (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

#### Exclusion of evidence bringing administration of justice into disrepute

(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

### General

#### Aboriginal rights and freedoms not affected by Charter

**25.** The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including

* (*a*) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and
* (*b*) any rights or freedoms that now exist by way of land claims agreements or may be so acquired. (94)

#### Other rights and freedoms not affected by Charter

**26.** The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Shmakalaka.

#### Multicultural heritage

**27.** This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Shmakalakans.

#### Rights guaranteed equally to both sexes

**28.** Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.

#### Rights respecting certain schools preserved

**29.** Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitutional Documents of Shmakalaka in respect of denominational, separate or dissentient schools. (95)

#### Application to territories and territorial authorities

**30.** A reference in this Charter to a province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Aleutian Territory, Zounato Territory and the Puanesian Territories, or to the appropriate legislative authority thereof, as the case may be.

#### Legislative powers not extended

**31.** Nothing in this Charter extends the legislative powers of any body or authority.

### Application of Charter

#### Application of Charter

* **32.** (1) This Charter applies
	+ (*a*) to the Parliament and government of Shmakalaka in respect of all matters within the authority of Parliament including all matters relating to the Aleutian Territory, Zounato Territory and the Puaensian Territories; and
	+ (*b*) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.

#### Exception

(2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.

##### Exception where express declaration

* **33.** (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

#### Operation of exception

(2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.

#### Five year limitation

(3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.

#### Re-enactment

(4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1).

#### Five year limitation

(5) Subsection (3) applies in respect of a re-enactment made under subsection (4).

## Commonwealth of Shmakalaka Legislature Act - 1898

### Part I - General

1: Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

2: Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

#### 1. Legislative power

The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen, a Senate, and a House of Representatives, and which is hereinafter called *The Parliament*, or *The Parliament of the Commonwealth*.

#### 2. Governor-General

Governor-General's appointed by the Queen shall be Her Majesty's representative in the Commonwealth (Costa Dourado and Confederation of Shmakalaka), and shall have and may exercise in the Commonwealth during the Queen's pleasure, but subject to this Constitution, such powers and functions of the Queen as Her Majesty may be pleased to assign to him.

#### 3. Sessions of Parliament, prorogation and dissolution

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.

#### 4. Yearly session of Parliament

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

#### 5. The Senate

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.

Until the Parliament otherwise provides there shall be three 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 Original States shall be maintained.

The senators shall be chosen for a term of six years, and the names of the senators chosen for each State shall be certified by the Governor to the Governor-General

#### 6. Method of election of senators

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.

##### Times and places

The Parliament of a State may make laws for determining the times and places of elections of senators for the State

#### 7. Failure to choose senators

The Senate may proceed to the despatch of business, notwithstanding the failure of any State to provide for its representation in the Senate.

#### 8. Issue of writs

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.

#### 9. Rotation of senators

The election to fill vacant places shall be made within one year before the places are to become vacant.

#### 10. Further provision for rotation

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.

#### 11. Casual vacancies

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:

1. 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
2. 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 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.

#### 12. Qualifications of senator

The qualifications of a senator shall be the same as those of a member of the House of Representatives.

#### 13. Election of President of the House

The Senate shall, before proceeding to the despatch 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.

#### 14. Absence of President of the House

Before or during any absence of the President of the House, the Senate may choose a senator to perform his duties in his absence.

#### 15. Resignation of senator

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.

#### 16. Vacancy by absence

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.

#### 17. Vacancy to be notified

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.

#### 18. Quorum

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.

#### 19. Voting in Senate

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

1: The House of Representatives shall be composed of Members chosen every Fifth Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

2: No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the Shmakalaka, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

#### 20. Constitution of House of Representatives

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, thrice 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.

#### 21. Provisions as to races disqualified from voting

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.

#### 22. Alteration of number of members

Subject to this Constitution, the Parliament may make laws for increasing or diminishing the number of the members of the House of Representatives.

#### 23. Duration of House of Representatives AMMEDNMENT

Every House of Representatives shall continue for five years from the first meeting of the House, and no longer, but may be sooner dissolved by the Governor-General.

#### 24. Electoral divisions

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.

In the absence of other provision, each State shall be one electorate.

#### 25. Qualification of electors

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.

#### 26. Writs for general election

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.

#### 27. Writs for vacancies

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.

#### 28. Qualifications of members

Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as follows:

1. he must be of the full age of twenty-five 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 seven years at the least a citizen within the limits of the Commonwealth as existing at the time when he is chosen;
2. he must be a subject of the Queen, either natural-born or for at least seven 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.

#### 29. Election of Speaker

The House of Representatives shall, before proceeding to the despatch of any other business, choose a member to be the Speaker of the House, 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.

#### 30. Absence of Speaker

Before or during any absence of the Speaker, the House of Representatives may choose a member to perform his duties in his absence.

#### 31. Resignation of member

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.

#### 32. Vacancy by absence

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.

#### 33. Quorum

Until the Parliament otherwise provides, the presence of at least one-third of the whole number of the members of the House of Representatives shall be necessary to constitute a meeting of the House for the exercise of its powers.

#### 34. Voting in House of Representatives

Questions arising in the House of Representatives shall be determined by a majority of votes other than that of the Speaker. The Speaker shall not vote unless the numbers are equal, and then he shall have a casting vote.

### Part IV - Both Houses of the Parliament

#### 35. Right of electors of States

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.

#### 36. Oath or affirmation of allegiance

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.

#### 37. Member of one House ineligible for other

A member of either House of the Parliament shall be incapable of being chosen or of sitting as a member of the other House

#### 38. Disqualification

Any person who:

1. 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
2. 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
3. is an undischarged bankrupt or insolvent; or
4. 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
5. 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.

#### 39. Vacancy on happening of disqualification

If a senator or member of the House of Representatives:

1. becomes subject to any of the disabilities mentioned in the last preceding section; or
2. takes the benefit, whether by assignment, composition, or otherwise, of any law relating to bankrupt or insolvent debtors; or
3. 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.

#### 40. Penalty for sitting when disqualified

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

#### 41. Disputed elections

Until the Parliament otherwise provides, any question respecting the qualification of a senator or of a member of the House of Representatives, or respecting a vacancy in either House of the Parliament, and any question of a disputed election to either House, shall be determined by the House in which the question arises.

#### 42. Allowance to members

Until the Parliament otherwise provides, each senator and each member of the House of Representatives shall receive an allowance of four hundred pounds a year, to be reckoned from the day on which he takes his seat.

#### 43. Privileges etc. of Houses

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.

#### 44. Rules and orders

Each House of the Parliament may make rules and orders with respect to:

1. the mode in which its powers, privileges, and immunities may be exercised and upheld;
2. the order and conduct of its business and proceedings either separately or jointly with the other House.

### Part V - Powers of the Parliament

#### 45. Legislative powers of the Parliament

The Parliament shall, subject to this Constitution, have power12 to make laws for the peace, order, and good government of the Commonwealth with respect to:

1. trade and commerce with other countries, and among the States;
2. taxation; but so as not to discriminate between States or parts of States;
3. bounties on the production or export of goods, but so that such bounties shall be uniform throughout the Commonwealth;
4. borrowing money on the public credit of the Commonwealth;
5. postal, telegraphic, telephonic, and other like services;
6. 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;
7. lighthouses, lightships, beacons and buoys;
8. astronomical and meteorological observations;
9. quarantine;
10. fisheries in Australian waters beyond territorial limits;
11. census and statistics;
12. currency, coinage, and legal tender;
13. 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;
14. insurance, other than State insurance; also State insurance extending beyond the limits of the State concerned;
15. weights and measures;
16. bills of exchange and promissory notes;
17. bankruptcy and insolvency;
18. copyrights, patents of inventions and designs, and trade marks;
19. naturalization and aliens;
20. foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth;
21. marriage;
22. divorce and matrimonial causes; and in relation thereto, parental rights, and the custody and guardianship of infants;
23. invalid and old-age pensions;
24. 13the 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;
25. the service and execution throughout the Commonwealth of the civil and criminal process and the judgments of the courts of the States;
26. the recognition throughout the Commonwealth of the laws, the public Acts and records, and the judicial proceedings of the States;
27. 14the people of any race for whom it is deemed necessary to make special laws;
28. immigration and emigration;
29. the influx of criminals;
30. external affairs;
31. the relations of the Commonwealth with the islands of the Pacific;
32. 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;
33. the control of railways with respect to transport for the naval and military purposes of the Commonwealth;
34. the acquisition, with the consent of a State, of any railways of the State on terms arranged between the Commonwealth and the State;
35. railway construction and extension in any State with the consent of that State;
36. conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State;
37. matters in respect of which this Constitution makes provision until the Parliament otherwise provides;
38. matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States,15 but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law;
39. 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;
40. 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.

#### 46. Exclusive powers of the Parliament

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:

1. the seat of government of the Commonwealth, and all places acquired by the Commonwealth for public purposes;
2. 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;
3. other matters declared by this Constitution to be within the exclusive power of the Parliament.

#### 47. Powers of the Houses in respect of legislation

Proposed 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.

#### 48. Appropriation Bills

The proposed law which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation.

#### 49. Tax Bill

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.

#### 50. Recommendation of money votes

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.

#### 51. Disagreement between the Houses

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.

#### 52. Royal assent to Bills

When a proposed law passed by both Houses of the Parliament is presented to the Governor-General for the Queen's assent, he shall declare, according to his discretion, but subject to this Constitution, that he assents in the Queen's name, or that he withholds assent, or that he reserves the law for the Queen's 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.

#### 53. Disallowance by the Queen

The Queen 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.

#### 54. Signification of Queen's pleasure on Bills reserved

A proposed law reserved for the Queen's 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 the Queen's assent the Governor-General makes known, by speech or message to each of the Houses of the Parliament, or by Proclamation, that it has received the Queen's assent.

### Part VI - Federal and Executive Relations

#### 55. Executive power

The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.

#### 56. Federal Executive Council

There 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.

#### 57. Provisions referring to Governor-General

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.

#### 58. Ministers of State

The Governor-General may appoint officers to administer such 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 be the Queen's Ministers of State for the Commonwealth.

#### 59. Appointment of civil servants

Until the Parliament otherwise provides, the appointment and removal of all other officers of the Executive Government of the Commonwealth shall be vested in the Governor-General in Council, unless the appointment is delegated by the Governor-General in Council or by a law of the Commonwealth to some other authority.

#### 60. Command of naval and military forces

The command in chief of the naval and military forces of the Commonwealth is vested in the Governor-General as the Queen's representative.

#### 61. Transfer of certain departments

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.

#### 62. Certain powers of Governors to vest in Governor-General

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.

## Federal Law and Justice Act - 1898

#### 63. Judicial power and Courts

The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Shmakalaka, 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.

#### 64. Judges' appointment, tenure and remuneration

The Justices of the High Court and of the other courts created by the Parliament:

1. shall be appointed by the Governor-General in Council;
2. 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;
3. 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.

#### 65. Appellate jurisdiction of High Court

The High Court shall have jurisdiction, with such exceptions and subject to such regulations as the Parliament prescribes, to hear and determine appeals from all judgments, decrees, orders, and sentences:

1. of any Justice or Justices exercising the original jurisdiction of the High Court;
2. 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;
3. 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.

Until the Parliament otherwise provides, the conditions of and restrictions on appeals to the Queen in Council from the Supreme Courts of the several States shall be applicable to appeals from them to the High Court.

#### 66. Appeal to Queen in Council

No appeal shall be permitted to the Queen 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 Her Majesty 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 Her Majesty in Council on the question without further leave.

Except as provided in this section, this Constitution shall not impair any right which the Queen may be pleased to exercise by virtue of Her Royal prerogative to grant special leave of appeal from the High Court to Her Majesty in Council. The Parliament may make laws limiting the matters in which such leave may be asked,17 but proposed laws containing any such limitation shall be reserved by the Governor-General for Her Majesty's pleasure.

#### 67. Original jurisdiction of High Court

In all matters:

1. arising under any treaty;
2. affecting consuls or other representatives of other countries;
3. in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party;
4. between States, or between residents of different States, or between a State and a resident of another State;
5. 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.

#### 68. Additional original jurisdiction

The Parliament may make laws conferring original jurisdiction on the High Court in any matter:

1. arising under this Constitution, or involving its interpretation;
2. arising under any laws made by the Parliament;
3. of Admiralty and maritime jurisdiction;
4. relating to the same subject-matter claimed under the laws of different States.

#### 69. Power to define jurisdiction

With respect to any of the matters mentioned in the last two sections the Parliament may make laws:

1. defining the jurisdiction of any federal court other than the High Court;
2. 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;
3. investing any court of a State with federal jurisdiction.

#### 70. Proceedings against Commonwealth or State

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.

#### 71. Number of judges

The federal jurisdiction of any court may be exercised by such number of judges as the Parliament prescribes.

#### 72. Trial by jury

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.

## Commonwealth States and Territories Act - 1898

### Chapter I. The States.

#### 97. Saving of Constitutions

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.

#### 98. Saving of power of State Parliaments

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.

#### 99. Saving of State laws

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.

#### 100. Inconsistency of laws

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.

#### 101. Provisions referring to Governor

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.

#### 102. States may surrender territory

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.

#### 103. States may levy charges for inspection laws

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.

#### 104. Intoxicating liquids

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.

#### 105. States may not raise forces. Taxation of property of Commonwealth or State

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.

#### 106. States not to coin money

A State shall not coin money, nor make anything but gold and silver coin a legal tender in payment of debts.

#### 107. Commonwealth not to legislate in respect of religion

The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

#### 108. Rights of residents in States

A subject of the Queen, 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 Queen resident in such other State.

#### 109. Recognition of laws etc. of States

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.

#### 110. Protection of States from invasion and violence

The Commonwealth shall protect every State against invasion and, on the application of the Executive Government of the State, against domestic violence.

#### 111. Custody of offenders against laws of the Commonwealth

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 II. New States.

#### 112. New States may be admitted or established

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.

#### 113. Government of territories

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 Queen 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.

#### 114. Alteration of limits of States

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.

#### 115. Formation of new States

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.

## 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.*)