The Australian Constitution
The Commonwealth of Australia Constitution Act 1900 (Australian Constitution) is the legal document that sets out the basic rules for the government of Australia. The Australian Constitution was originally passed as part of a British Act of Parliament in 1900. On 1 January 1901, the Australian Constitution came into effect and the Australian colonies became one independent nation: the Commonwealth of Australia.
The Australian Constitution established the Parliament of the Commonwealth of Australia, consisting of a House of Representatives and a Senate. The Constitution also established the High Court of Australia, which has the ultimate power to apply and interpret the laws of Australia.
The Australian people can change the Australian Constitution by voting in a referendum, such as the 1967 Referendum where more than 90 per cent of Australians voted ‘Yes’ to allow Aboriginal peoples to be counted in the Census.
In a referendum, there needs to be a ‘double majority’ for the Australian Constitution to be changed. That is, both the majority of voters in a majority of states and a majority of voters across the nation must vote for the change.
Test yourself on this topic
11 questions on this topic, each with the answer explained.
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- The change passes once the High Court approves it
- The change passes only in the state that voted yes
- The change passes because the national vote is enough
- The change fails because a double majority was not reached
Explanation: A national majority alone is not enough; most of the states must also vote yes before the Constitution can change.
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- By voting in a referendum
- By writing to the Governor-General
- By signing a public petition
- By asking the High Court to rewrite it
Explanation: Only the people can change the Constitution, and they do it by voting in a referendum.
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- 1788
- 1967
- 2001
- 1900
Explanation: It was passed in 1900 in Britain, and then came into effect in Australia the following year.
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- Around 50 per cent
- More than 90 per cent
- Around 30 per cent
- Around 70 per cent
Explanation: The 1967 Referendum passed with a very large yes vote of more than 90 per cent.
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- An agreement of the United Nations
- A vote of the Australian colonies
- A British Act of Parliament
- A decision of the High Court
Explanation: The Constitution began as part of an Act passed by the British Parliament.
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- To make voting in elections compulsory for everyone
- To allow Aboriginal peoples to be counted in the Census
- To create the High Court of Australia
- To move the Parliament to a new capital city
Explanation: The 1967 Referendum changed the Constitution so that Aboriginal peoples were counted in the Census.
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- A majority of members in both houses of the Parliament
- A majority of judges and a majority of federal ministers
- A majority of voters in two referendums held in a row
- A majority of voters nationally and in a majority of states
Explanation: Two separate majorities are needed: most states must vote yes, and most voters across the country must vote yes.
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- They each elected their own High Court
- They were returned to direct British rule
- They became one independent nation
- They kept their own separate constitutions only
Explanation: Once the Constitution started, the separate colonies became a single independent country.
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- A written list of the names of all Australian states
- A legal document setting out the rules for government
- A speech given at the official opening of Parliament
- A peace treaty signed between Australia and Britain
Explanation: The Constitution is the legal document that lays down the basic rules for governing Australia.
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- The Senate
- The House of Lords
- The Council of States
- The House of Representatives
Explanation: The Constitution created a parliament with two houses: the House of Representatives and the Senate.
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- The Court of the Governor-General
- The Senate Committee of Law
- The High Court of Australia
- The Federal Council of Judges
Explanation: The Constitution set up the High Court, and it has the final say on what Australia's laws mean.
From Australian Citizenship: Our Common Bond, the official booklet