The Constitution of the People Act.
By the People and for the Sovereignty of the People
of the Commonwealth of Australia.
An Act to constitute the Commonwealth of Australia;
We the people of New South Wales, Victoria, South Australia, Queensland,
and Western Australia, humbly relying on the blessing
of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth
under the Commonwealth of Australia, and under the Constitution hereby
And as it is expedient to provide for the admission into the Commonwealth
of other Australian Colonies and possessions of the Commonwealth:
Be it enacted by the Head of the Commonwealth, by and with the
advice and consent of the Senate and the House of Representatives, in
this present Parliament assembled, and by the authority of the same, as
1 Short title
This Act may be cited as the The Constitution
of the People Act.
2 Act to extend to the People of the Commonwealth
We the People of the Commonwealth of Australia, in Order to form a more
perfect Union, establish Justice under section 80 of this Constitution,
ensure domestic Tranquility, provide for the common defense, promote the
general Welfare, and secure the Blessings of Liberty to ourselves and our
Posterity and Prosperity, do ordain and establish this Constitution for
the Commonwealth of Australia.
And the Existing Living Souls living in Australia now or
in the future shall form a more perfect Union of the Commonwealth under
this Constitution and that this Constitution shall not be altered, except
by Referendum of Existing Living Souls.
3 Proclamation of Commonwealth;
It shall be lawful for the Head of the Commonwealth,
with the advice of the Executive Council, to declare by proclamation
that, on and after a day in that place appointed, not being later than
one year after the passing of this Act, the people of New South Wales,
Victoria, South Australia, Queensland, Tasmania and Western
Australia have agreed to this Proclamation, shall be united in a Federal
Commonwealth under the name of the Commonwealth of Australia.
The Head of the Commonwealth may, at
any time after the proclamation, appoint a Leutenant Head
of the Commonwealth for the Commonwealth.
4 Commencement of Act;
The Commonwealth shall be established, and the Constitution of
the Commonwealth shall take effect, on and after the day so appointed.
But the Parliaments of the several colonies may at any time after the
passing of this Act make any such laws, to come into operation on the
day so appointed, as they might have made if the Constitution had taken
effect at the passing of this Act.
5 Operation of the Constitution and laws;
This Act, and all laws made by the Parliament of the Commonwealth
under the Constitution, shall be binding on the courts, judges, and
people of every State and of every part of the Commonwealth, in spite
of anything in the laws of any State; and the laws of the Commonwealth
shall be in force on all Commonwealth ships; Foreign ships of war excepted,
whose first port of clearance and whose port of destination are in the
(1) A person shall not:
(a) do any act or thing with intent:
(i) to overthrow The Constitution of the People
Act by revolution or sabotage or legislation; or
(b) within the Commonwealth or a Territory not forming part
of the Commonwealth:
(ii) to overthrow by force or violence the executive government
of the Commonwealth or of a State; or
(i) levy war, or do any act preparatory to levying
war, against a proclaimed country;
(2) A person who contravenes a provision of this
section shall be guilty of an
(ii) assist by any means whatever, with intent to assist,
proclaimed enemy of a proclaimed country; or
(iii) instigate a person to make an armed invasion of a proclaimed
indictable offence, called treachery.
Penalty: Imprisonment for life.
The Commonwealth shall mean the Commonwealth of Australia as established
under this Act.
The States shall mean such of the colonies of New South Wales,
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. The Commonwealth shall be of one electorate.
Original States shall mean such States as are parts of the Commonwealth
at its establishment.
7 Repeal of Federal Council Act;
The Federal Council of Australia Act, 1885, is by this means repealed,
but so as not to affect any laws passed by the Federal Council of Australia
and in force at the establishment of the Commonwealth.
Any such law may be repealed as to any State by the Parliament
of the Commonwealth, or as to any colony not being a State by the Parliament
of that or this Colony.
8 Application of Colonial Boundaries Act;
After the passing of this Act the Colonial Boundaries Act, 1895,
shall not apply to any colony which becomes a State of the Commonwealth;
but the Commonwealth shall be taken to be a self-governing colony for
the purposes of that Act.
9. THE CONSTITUTION.
The Constitution of the Commonwealth shall be as follows:
Click on any link below to view each Chapter of this Constitution.
1. The Parliament (sections. 1 to 60)
Part 1, The Parliament (General)
Part 2, The Senate
Part 3, The House of Representative.
Part 4, Both Houses of the
Part 5, Powers of the Parliament.
Citizen's Initiated Referendum (section 129)
2. Executive Government
, (61 to 70)
61, Executive Government of the Commonwealth.
62, Federal Executive Council
63, Electors Parliament.
64, Appointment of Public Ministers.
3. The Judicature (sections. 71 to 80)
Agreements and Treaties (section75a).
Trial by jury. (Section 80).
4. Finance and Trade (sections. 81 to 105)
5. The States (sections. 106 to 120)
6. New States (sections. 121 to 124)
7. Miscellaneous (sections. 124 to s. 127)
Australian Bill of Rights Bill (sections. 127)
8. Alteration of the Constitution (sections. 128)
Alteration of Constitution on electors initiative (sections.
Schedule. THE AFFIRMATION.