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The Commonwealth Constitution - The Working Parts


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Chapter 1
THE PARLIAMENT

Part 1--General


Table of Provisions

Section
1. Legislative power
2. Governor-General
3. Salary of Governor-General
4. Provisions relating to Governor-General
5. Sessions of Parliament; Prorogation and dissolution; Summoning Parliament; First session
6. Yearly session of Parliament


Legislative power
1.
The legislative power of the Commonwealth [is vested] in a Federal Parliament, which... consist[s] of the Queen, a Senate, and a House of Representatives, and which is herein-after called "The Parliament," or "The Parliament of the Commonwealth."
[Edited; see Comment]

Governor-General
2.
A Governor-General appointed by the Queen [is] Her Majesty's representative in the Commonwealth...
[Edited; see Comment]

Salary of Governor-General
3.
There shall be payable... out of the Consolidated Revenue fund of the Commonwealth, for the salary of the Governor-General, an annual sum [to be determined by] the Parliament...

The salary of a Governor-General shall not be altered during his continuance in office.
[Edited; see Comment]

Provisions relating to Governor-General
4.
The provisions of this Constitution relating to the Governor-General extend and apply to the Governor-General for the time being, or such person as the Queen may appoint to administer the Government of the Commonwealth; but no such person shall be entitled to receive any salary from the Commonwealth in respect of any other office during his administration of the Government of the Commonwealth.
[Unaltered]

Sessions of Parliament. Prorogation and dissolution
5.
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.
[Third paragraph deleted; see Comment]

Yearly session of Parliament
6.
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.
[Unaltered]


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Comments on Chapter 1, Part 1

Comment on section 1

This has been edited only by changing "shall be vested" to "is vested".

[Return to Section 1]


Comment on section 2

In the part shown, "is" has replaced "shall be". The section continues:

...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.

The notion that the Governor-General exercises only such of the Queen's powers as are specifically assigned to him (or her) is now obsolete; the Governor- General is now seen as a full representative of Her Majesty, exercising all the powers in Australia that she would exercise in the United Kingdom.

[Return to Section 2]


Comment on section 3

The full text of the first paragraph is:

3. There shall be payable to the Queen out of the Consolidated Revenue fund of the Commonwealth, for the salary of the Governor-General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds.

This has been combined with para 51(xxxvi) as shown in the Example.

[Return to section 3]


Comment on deletion of section 5, third paragraph

The third paragraph provides:

First session.
The Parliament shall be summoned to meet not later than six months after the establishment of the Commonwealth.

Obviously this has expired.

[Return to Section 5]


Written by John Pyke, with a little help from DiDa!. Last edited 8 December 1999.