A.D 1900. CHAPTER II. СПАР. 11. The Executive Government. GOVERNMENT. 61. The executive power of the Commonwealth is vested in the Queen and is Executive exerciseable by the Governor-General as the Queen's representative, and extends to the power. execution and maintenance of this Constitution, and of the laws of the Commonwealth. 62. There shall be a Federal Executive Council to advise the Governor-General in Federal the government of the Commonwealth, and the members of the Council shall be chosen Executive and summoned by the Governor-General and sworn as Executive Councillors, and shall hold office during his pleasure. Council. 63. The provisions of this Constitution referring to the Governor-General in Council Provisions shall be construed as referring to the Governor-General acting with the advice of the referring to Federal Executive Council. Governor- 64. The Governor-General may appoint officers to administer such departments of Ministers 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. State. After the first general election no Minister of State shall hold office for a longer Ministers to sit period than three months unless he is or becomes a senator or a member of the House of in Parliament Representatives. Ministers. 65. Until the Parliament otherwise provides, the Ministers of State shall not exceed Number of seven in number, and shall hold such offices as the Parliament prescribes, or, in the absence of provision, as the Governor-General directs. Ministers. 66. There shall be payable to the Queen, out of the Consolidated Revenue Fund of Salaries of the Commonwealth, for the salaries of the Ministers of State, an annual sum which, until the Parliament otherwise provides, shall not exceed twelve thousand pounds a year. 67. Until the Parliament otherwise provides, the appointment and removal of all Appointment of other officers of the Executive Government of the Commonwealth shall be vested in the civil servants. Governor-General in Council, unless the appointment is delegated by the GovernorGeneral in Council or by a law of the Commonwealth to some other authority. naval and 68. The command in chief of the naval and military forces of the Commonwealth is Command of military forces. vested in the Governor-General as the Queen's representative. 69. On a date or dates to be proclaimed by the Governor-General after the estab- Transfer of lishment of the Commonwealth the following departments of the public service in each certain departState shall become transferred to the Commonwealth : : ments. Posts, telegraphs, and telephones : Naval and military defence : Lighthouses, lightships, beacons, and buoys: But the departments of customs and of excise in each State shall become transferred to the Commonwealth on its establishment. vest in Governor 70. In respect of matters which, under this Constitution, pass to the Executive Certain powers Government of the Commonwealth, all powers and functions which at the establishment of Governors to of the Commonwealth are vested in the Governor of a Colony, or in the Governor of a General. 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. CHAPTER III. The Judicature. 71. The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, 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. 72. The Justices of the High Court and of the other courts created by the Parliament (i.) Shall be appointed by the Governor-General in Council: (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. 73. 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 (i.) Of any Justice or Justices exercising the original jurisdiction of the 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. 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. 74 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 certifi cate 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, but proposed laws containing any such limitation shall be reserved by the Governor-General for Her Majesty's pleasure. 75. In all matters (i.) Arising under any treaty: (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 A.D. 1900. 76. The Parliament may make laws conferring original jurisdiction on the High Additional Court in any matteroriginal jurisdiction. (i.) Arising under this Constitution, or involving its interpretation: (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. With respect to any of the matters mentioned in the last two sections the Power to define Parliament may make lawsjurisdiction. (i.) Defining the jurisdiction of any federal court other than the High Court: (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. Commonwealth 78. The Parliament may make laws conferring rights to proceed against the Proceedings Commonwealth or a State in respect of matters within the limits of the judicial power. against 79. The federal jurisdiction of any court may be exercised by such number of judges or State. Number of as the Parliament prescribes. judges. 80. The trial on indictment of any offence against any law of the Commonwealth Trial by jury. 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. CHAPTER IV. Finance and Trade. CHAP. IV FINANCE AND TRADE. 81. All revenues or moneys raised or received by the Executive Government of the Consolidated Commonwealth shall form one Consolidated Revenue Fund, to be appropriated for the Revenue Fund. purposes of the Commonwealth in the manner and subject to the charges and liabilities imposed by this Constitution. 82. The costs, charges, and expenses incident to the collection, management, and Expenditure receipt of the Consolidated Revenue Fund shall form the first charge thereon; and the charged thereon. revenue of the Commonwealth shall in the first instance be applied to the payment of the expenditure of the Commonwealth. 83. No money shall be drawn from the Treasury of the Commonwealth except Money to be under appropriation made by law. appropriated by But until the expiration of one month after the first meeting of the Parliament the Governor-General in Council may draw from the Treasury and expend such moneys as may be necessary for the maintenance of any department transferred to the Commonwealth and for the holding of the first elections for the Parliament. law 84. When any department of the public service of a State becomes transferred to Transfer of the Commonwealth, all officers of the department shall become subject to the control of officers the Executive Government of the Commonwealth. 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. A.D. 1900. Transfer of property of State. Uniform duties of customs. Payment to States before uniform duties. Exclusive power over customs, excise, and bounties. Exceptions as to bounties. Any officer who is, at the establishinent of the Commonwealth, in the public service of a State, and who is, by consent of the Governor of the State with the advice of the Executive Council thereof, transferred to the public service of the Commonwealth, shall have the same rights as if he had been an officer of a department transferred to the Commonwealth and were retained in the service of the Commonwealth. 85. When any department of the public service of a State is transferred to the Commonwealth (i.) All property of the State of any kind, used exclusively in connexion with the department, shall become vested in the Commonwealth; but, in the case of the departments controlling customs and excise and bounties, for such time only as the Governor-General in Council may declare to be necessary: (ii.) The Commonwealth may acquire any property of the State, of any kind (iv.) The Commonwealth shall, at the date of the transfer, assume the current 86. On the establishment of the Commonwealth, the collection and control of duties of customs and of excise, and the control of the payment of bounties, shall pass to the Executive Government of the Commonwealth. 87. During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, of the net revenue of the Commonwealth from duties of customs and of excise not more than one-fourth shall be applied annually by the Commonwealth towards its expenditure. The balance shall, in accordance with this Constitution, be paid to the several States, or applied towards the payment of interest on debts of the several States taken over by the Commonwealth." 88. Uniform duties of customs shall be imposed within two years after the establishment of the Commonwealth. 89. Until the imposition of uniform duties of customs— (i.) The Commonwealth shall credit to each State the revenues collected therein by the Commonwealth. (ii.) The Commonwealth shall debit to each State (a) the expenditure therein of the Commonwealth incurred solely for the maintenance or continuance, as at the time of transfer, of any department transferred from the State to the Commonwealth; (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. On the imposition of uniform duties of customs the power of the Parliament to impose duties of customs and of excise, and to grant bounties on the production or export of goods, shall become exclusive. On the imposition of uniform duties of customs all laws of the several States imposing duties of customs or of excise, or offering bounties on the production or export of goods, shall cease to have effect, but any grant of or agreement for any such bounty lawfully made by or under the authority of the Government of any State shall be taken to be good if made before the thirtieth day of June, one thousand eight hundred and ninety-eight, and not otherwise. 91. Nothing in this Constitution prohibits a State from granting any aid to or bounty on mining for gold, silver, or other metals, nor from granting, with the consent of both Houses of the Parliament of the Commonwealth expressed by resolution, any aid to or bounty on the production or export of goods. CH. 12.] CONSTITUTION ACT. A.D. 1900, 92. On the imposition of uniform duties of customs, trade, commerce, and inter- Trade within the course among the States, whether by means of internal carriage or ocean navigation, Commonwealth shall be absolutely free. But notwithstanding anything in this Constitution, goods imported before the imposition of uniform duties of customs into any State, or into any Colony which. whilst the goods remain therein, becomes a State, shall, on thence passing into another State within two years after the imposition of such duties, be liable to any duty chargeable on the importation of such goods into the Commonwealth, less any duty paid in respect of the goods on their importation. to be free. 93. During the first five years after the imposition of uniform duties of customs, Payment to and thereafter until the Parliament otherwise provides— States for five (i.) The duties of customs chargeable on goods imported into a State and after- uniform tariffs. (ii.) Subject to the last subsection, the Commonwealth shall credit revenue, debit 94. After five years from the imposition of uniform duties of customs, the Parlia- Distribution of ment may provide, on such basis as it deems fair, for the monthly payment to the surplus. several States of all surplus revenue of the Commonwealth. of Western 95. Notwithstanding anything in this Constitution, the Parliament of the State of Customs duties Western Australia, if that State be an Original State, may, during the first five years after the imposition of uniform duties of customs, impose duties of customs on goods passing into that State and not originally imported from beyond the limits of the Commonwealth; and such duties shall be collected by the Commonwealth. 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. If at any time during the five years the duty on any goods under this section is higher than the duty imposed by the Commonwealth on the importation of the like goods, then such higher duty shall be collected on the goods when imported into Western Australia from beyond the limits of the Commonwealth. 96. During a period of ten years after the establishment of the Commonwealth and Financial thereafter until the Parliament otherwise provides, the Parliament may grant financial assistance to assistance to any State on such terms and conditions as the Parliament thinks fit. States. 97. Until the Parliament otherwise provides, the laws in force in any Colony which Audit. has become or becomes a State with respect to the receipt of revenue and the expenditure of money on account of the Government of the Colony, and the review and audit of such receipt and expenditure, shall apply to the receipt of revenue and the expendi ture of money on account of the Commonwealth in the State in the same manner as if an officer of the Commonwealth, were the Commonwealth, or the Government or mentioned whenever the Colony, or the Government or an officer of the Colony, is mentioned. 98. The power of the Parliament to make laws with respect to trade and commerce extends to navigation and shipping, and to railways the property of any State. 99. The Commonwealth shall not, by any law or regulation of trade, commerce, or revenue, give preference to one State or any part thereof over another State or any part thereof. merce includes Trade and com. 100. The Commonwealth shall not, by any law or regulation of trade or commerce, abridge the right of a State or of the residents therein to the reasonable use of the right to use waters of rivers for conservation or irrigation. water. 101. There shall be an Inter-State Commission, with such powers of adjudication Inter-State and administration as the Parliament deems necessary for the execution and mainten- Commission. ance, within the Commonwealth, of the provisions of this Constitution relating to trade and commerce, and of all laws made thereunder. 102. The Parliament may by any law with respect to trade or commerce forbid, as Parliament to railways, any preference or discrimination by any State, or by any authority consti- may forbid pretuted under a State, if such preference or discrimination is undue and unreasonable, or State. ferences by |