Australian Constitution – Sections

Section-by-Section Text

There are 128 sections in the Australian Constitution.

Clicking on a link will open the particular section of the Constitution in a pop-up window.

  • Section 1 – Legislative Power

  • Section 2 – Governor-General

  • Section 3 – Salary of Governor-General

  • Section 4 – Provisions relating to Governor-General

  • Section 5 – Sessions of Parliament – Prorogation and Dissolution

  • Section 6 – Summoning Parliament

  • Section 7 – The Senate

  • Section 8 – Qualifications of Electors

  • Section 9 – Method of election of senators

  • Section 10 – Application of State laws

  • Section 11 – Failure to choose senators

  • Section 12 – Issue of writs

  • Section 13 – Rotation of senators

  • Section 14 – Further provision for rotation

  • Section 15 – Casual vacancies

  • Section 16 – Qualifications of senator

  • Section 17 – Election of President

  • Section 18 – Absence of President

  • Section 19 – Resignation of senator

  • Section 20 – Vacancy by absence

  • Section 21 – Vacancy to be notified

  • Section 22 – Quorum

  • Section 23 – Voting in the Senate

  • Section 24 – Constitution of House of Representatives

  • Section 25 – Provisions as to races disqualified from voting

  • Section 26 – Representatives in first Parliament

  • Section 27 – Alteration of number of members

  • Section 28 – Duration of House of Representatives

  • Section 29 – Electoral divisions

  • Section 30 – Qualification of electors

  • Section 31 – Application of State laws

  • Section 32 – Writs for general election

  • Section 33 – Writs for vacancies

  • Section 34 – Qualifications of members

  • Section 35 – Election of Speaker

  • Section 36 – Absence of Speaker

  • Section 37 – Resignation of member

  • Section 38 – Vacancy by absence

  • Section 39 – Quorum

  • Section 40 – Voting in House of Representatives

  • Section 41 – Rights of electors of States

  • Section 42 – Oath or affirmation of allegiance

  • Section 43 – Member of one House ineligible for other

  • Section 44 – Disqualification

  • Section 45 – Vacancy on happening of disqualification

  • Section 46 – Penalty for sitting when disqualified

  • Section 47 – Disputed elections

  • Section 48 – Allowance to members

  • Section 49 – Privileges &c. of Houses

  • Section 50 – Rules and orders

  • Section 51 – Legislative powers of the Parliament

  • Section 52 – Exclusive powers of the Parliament

  • Section 53 – Powers of the Houses in respect of legislation

  • Section 54 – Appropriation Bills

  • Section 55 – Tax Bill

  • Section 56 – Recommendation of money votes

  • Section 57 – Disagreement between the Houses

  • Section 58 – Royal assent to Bills & Recommendations by Governor-General

  • Section 59 – Disallowance by the Queen

  • Section 60 – Signification of Queen’s pleasure on Bills reserved

  • Section 61 – Executive power

  • Section 62 – Federal Executive Council

  • Section 63 – Provisions referring to Governor-General

  • Section 64 – Ministers of State & Ministers to sit in Parliament

  • Section 65 – Number of ministers

  • Section 66 – Salaries of Ministers

  • Section 67 – Appointment of civil servants

  • Section 68 – Command of naval and military forces

  • Section 69 – Transfer of certain departments

  • Section 70 – Certain powers of Governors to vest in Governor-General

  • Section 71 – Judicial power and Courts

  • Section 72 – Judges’ appointment, tenure and remuneration

  • Section 73 – Appellate jurisdiction of High Court

  • Section 74 – Appeal to Queen in Council

  • Section 75 – Original jurisdiction of High Court

  • Section 76 – Additional original jurisdiction

  • Section 77 – Power to define jurisdiction

  • Section 78 – Proceedings against Commonwealth or State

  • Section 79 – Number of judges

  • Section 80 – Trial by jury

  • Section 81 – Consolidated Revenue Fund

  • Section 82 – Expenditure charged thereon

  • Section 83 – Money to be appropriated by law

  • Section 84 – Transfer of officers

  • Section 85 – Transfer of property of State

  • Section 86 – Collection and control of duties to pass to Commonwealth

  • Section 87 – Revenue to be paid to States in first ten years

  • Section 88 – Uniform duties of customs

  • Section 89 – Payment to States before uniform duties

  • Section 90 – Exclusive power over customs, excise, and bounties

  • Section 91 – Exceptions as to bounties

  • Section 92 – Trade within the Commonwealth to be free

  • Section 93 – Payment to States for five years after uniform tariffs

  • Section 94 – Distribution of surplus

  • Section 95 – Customs duties of Western Australia

  • Section 96 – Financial assistance to States

  • Section 97 – Audit

  • Section 98 – Trade and commerce includes navigation and State railways

  • Section 99 – Commonwealth not to give preference

  • Section 100 – Nor abridge right to use water

  • Section 101 – Inter-State Commission

  • Section 102 – Parliament may forbid preferences by State

  • Section 103 – Commissioners’ appointment, tenure, and remuneration

  • Section 104 – Saving of certain rates

  • Section 105 – Taking over public debts of States

  • Section 106 – Saving of Constitutions

  • Section 107 – Saving of Power of State Parliaments

  • Section 108 – Saving of State laws

  • Section 109 – Inconsistency of laws

  • Section 110 – Provisions referring to Governor

  • Section 111 – States may surrender territory

  • Section 112 – States may levy charges for inspection laws

  • Section 113 – Intoxicating liquids

  • Section 114 – States may not raise forces – Taxation of property of Commonwealth or State

  • Section 115 – States not to coin money

  • Section 116 – Commonwealth not to legislate in respect of religion

  • Section 117 – Rights of residents in States

  • Section 118 – Recognition of laws, &c. of States

  • Section 119 – Protection of States from invasion and violence

  • Section 120 – Custody of offenders against laws of the Commonwealth

  • Section 121 – New states may be admitted or established

  • Section 122 – Government of territories

  • Section 123 – Alteration of limits of States

  • Section 124 – Formation of new States

  • Section 125 – Seat of Government

  • Section 126 – Power to Her Majesty to authorise Governor-General to appoint deputies

  • Section 127 – Aboriginal natives not to be counted

  • Section 128 – Mode of altering the Constitution

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