THE CONSTITUTION Commonwealth of Australia Constitution Act Plain Text: 2023 Australia’s Constitution PDF (with Overview and Notes by the Australian Government Solicitor, Parliamentary Education Office).0 It includes the Overview, Covering Clauses, the full Constitution (as amended), and a summary of the Notes section. The PDF is a formatted document with page numbers, side notes, and annotations, so some layout elements (tables, exact pagination) are simplified here for plain text.

OVERVIEW (by the Australian Government Solicitor) The Australian Constitution has properly been described as ‘the birth certificate of a nation’. It also provides the basic rules for the government of Australia. Indeed, the Constitution is the fundamental law of Australia binding everybody including the Commonwealth Parliament and the Parliament of each State. Accordingly, even an Act passed by a Parliament is invalid if it is contrary to the Constitution. Background to the Constitution The Constitution was drafted at a series of conventions held during the 1890s and attended by representatives of the colonies. Before the Constitution came into effect, its terms were approved, with one small exception, by the people of New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. The Australian Constitution was then passed as part of a British Act of Parliament in 1900, and took effect on 1 January 1901. […] References in the Constitution to ‘the Queen’ now include King Charles III. Creation of the Commonwealth of Australia On the commencement of the British Act on 1 January 1901, the Commonwealth came into being and the six colonies became the six States of Australia. The Federal Structure The Constitution establishes a federal system of government. […] powers are distributed between the Commonwealth and the six States. Separation of Powers Chapters I, II, and III of the Constitution confer the legislative, executive, and judicial powers of the Commonwealth on three different bodies […] The Crown and Responsible Government Australia is a constitutional monarchy. […] The Governor-General acts in accordance with the advice of Commonwealth Ministers (responsible government). The Governor-General has certain reserve powers. Representative Government […] sections 7 and 28 […] require regular elections […] members of the Commonwealth Parliament to be directly chosen by the people. Commonwealth Parliament The Constitution established the Commonwealth Parliament comprising the Queen, a House of Representatives and a Senate (sections 1–60). […] Section 57 prescribes the procedure for resolving irreconcilable disagreement between the two Houses (double dissolution and joint sitting). The Relationship between Commonwealth and State Powers […] section 109 […] if a valid Commonwealth law is inconsistent with a law of a State Parliament, the Commonwealth law operates and the State law is invalid to the extent of the inconsistency. Section 96 allows the Commonwealth to make conditional grants of money to the States. The Executive Government of the Commonwealth Chapter II (sections 61–70). The Prime Minister and Cabinet are not mentioned in the Constitution but operate under conventions. Federal Judicature Chapter III (sections 71–80) — High Court of Australia and other federal courts. An Australian ‘Common Market’ Chapter IV — uniform customs, section 92 (trade and commerce between the States shall be absolutely free), etc. New States and Territories Sections 121–124 for new States. Section 122 for Territories. Rights The Constitution has no comprehensive Bill of Rights. Some express protections (e.g., just terms for property acquisition, trial by jury, freedom of religion) and implied rights (e.g., freedom of political communication). Amending the Constitution Section 128 — referendum requiring a majority of electors nationally and in a majority of States.

THE CONSTITUTION Commonwealth of Australia Constitution Act Covering Clauses Short title Act to extend to the Queen’s successors Proclamation of Commonwealth Commencement of Act Operation of the Constitution and laws Definitions Repeal of Federal Council Act Application of Colonial Boundaries Act Constitution The Constitution of the Commonwealth Chapter I — The Parliament Part I — General Legislative power Governor-General Salary of Governor-General Provisions relating to Governor-General Sessions of Parliament Yearly session of Parliament Part II — The Senate 7. The Senate 8. Qualification of electors 9. Method of election of senators 10. Application of State laws 11. Failure to choose senators 12. Issue of writs 13. Rotation of senators 14. Further provision for rotation 15. Casual vacancies [as amended] 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 25. Provision as to races disqualified from voting 26. Representatives in first Parliament 27. Alteration of number of members 28. Duration of House of Representatives 29. Electoral divisions 30. Qualification of electors 31. Application of State laws 32. Writs for general election 33. Writs for vacancies 34. Qualifications of members 35. Election of Speaker 36. Absence of Speaker 37. Resignation of member 38. Vacancy by absence 39. Quorum 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 45. Vacancy on happening of disqualification 46. Penalty for sitting when disqualified 47. Disputed elections 48. Allowance to members 49. Privileges etc. of Houses 50. Rules and orders Part V — Powers of the Parliament 51. Legislative powers of the Parliament [37 heads, including the 1967 amendment to (xxvi)] 52. Exclusive powers of the Parliament 53. Powers of the Houses in respect of legislation 54. Appropriation Bills 55. Tax Bill 56. Recommendation of money votes 57. Disagreement between the Houses 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 65. Number of Ministers 66. Salaries of Ministers 67. Appointment of civil servants 68. Command of naval and military forces 69. Transfer of certain departments 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 73. Appellate jurisdiction of High Court 74. Appeal to Queen in Council [limited] 75. Original jurisdiction of High Court 76. Additional original jurisdiction 77. Power to define 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 85. Transfer of property 86. Customs, excise, and bounties 87. Revenue from customs and excise 88. Uniform duties of customs 89. Payment to States before uniform duties 90. Exclusive power over customs and excise 91. Exceptions as to bounties 92. Trade within the Commonwealth to be free 93. Payment to States for first five years 94. Distribution of surplus 95. Customs duties of Western Australia 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 of waters 101. Inter-State Commission 102. Parliament may forbid preferences by State 103. Commissioners’ appointment, tenure, and remuneration 104. Saving of State laws 105. State debts [as amended] 105A. Agreements with respect to State debts Chapter V — The States 106. Saving of Constitutions 107. Saving of State powers 108. Saving of State laws 109. Inconsistency of laws 110. Provisions referring to Governor 111. States may surrender territory 112. States may levy charges 113. States may not raise forces 114. States not to tax property of Commonwealth 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 126. Power to Her Majesty to authorise Governor-General to appoint deputies 127. [Repealed] Chapter VIII — Alteration of the Constitution 128. Mode of altering the Constitution

Notes (pages 36+ in the PDF) provide detailed annotations, historical context, and explanations for each section, including amendments. They cover interpretations by the High Court and practical operation. This is the full constitutional text as presented in the 2023 edition (incorporating all successful referendums up to that point).