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The six Australian colonies drafted the Constitution in two constitutional conventions, in 1891 and in 1897-8. Representatives from the colonies approved a draft Constitution in 1898, but because Australia was still a collection of six colonies under the British Crown, the Constitution did not become law upon approval at the convention. The colonies sent their draft constitution to the British government for approval. In 1900, the British Parliament passed the Commonwealth of Australia Constitution Act, of which the Constitution is section nine. The Constitution came into force on January 1, 1901.

The Constitution created the Commonwealth of Australia, a federation of the six original colonies. To create the Commonwealth, the Constitution created the federal government and enumerated the powers of the legislative, executive, and judicial branches. The Constitution also fixed the legal relationship between the federal government and the state governments. The Australian Constitution expressly states four individual rights: trial by jury, freedom of religion, freedom from discrimination based on State of residence, and compensation for property acquired under Commonwealth law.

About the Constitution

The creation of the Constitution began before the convention of 1891 and continues today in referenda and constitutional conventions.

• The History and Features of the Constitution: A resource for students. Includes the history of the Constitution and the contents and key features of the Constitution. Also includes a Frequently Asked Questions link for more information.

• Federation and the Constitution: Information on the National Australasian Convention of 1891 and the Australasian Federal Convention of 1897-98. Includes full texts of documents from each convention and a link to a timeline of Constitutional events.

• Federation: Resources on Australia’s federation, federal conventions, and constitution. Includes a national timeline.

• Constitutional Overview: A brief overview of the history of the Constitution and the structure of the federal government.

• About Australian Government: A brief overview of Australian government and the Australian Constitution.

Texts of the Constitution

The Constitution comprises eight chapters and 128 total sections, the text of which can be found through the links below.

• The Australian Constitution and Amendments: Link to “Constitution” gives a full-text PDF file of the Australian Constitution and all amendments in force.

• The Original Constitution: PDF scans of the original Constitution Act of 1900. Also includes information on the history of the constitution and a timeline of legal events.

• A Quick View of the Constitution: Full-text of the Constitution next to a synopsis.

• The Constitution: Full-text of the Constitution.

• The Australian Constitution: Full-text, as amended.

• The Constitution and Covering Clauses: Link to a PDF file of the Constitution, includes the preamble and covering clauses.

• Commonwealth of Australia Act: Links to a PDF of the Commonwealth of Australia Act, including the Constitution.

Discussion of the Constitution

The Constitution continues to be debated and amended; find information on current constitutional issues and debates below.

• Constitutional Convention 1998: Includes full text of speeches and results of the convention. Include a section of the site devoted to the debate over whether Australia should become a republic and sections on other constitutional issues. Also includes the full text of the Constitution.

• Constitutional Issues: Fact Sheets about the Constitution and related issues. Includes sheets on citizen freedoms and protections and how they are protected in common law and information on what constitutional protections exist.

• The Constitution and Human Rights: Perspectives from the Australian Human Rights Commission on the Human Rights Act and the Constitution.

• The Constitution and Indigenous Rights: What the Constitution has to say about indigenous Australians.

• Reconciliation: Constitutional and legal issues related to Aboriginal reconciliation.

• The States and Constitutional Change: The role of the states in amending the Constitution.

• Rights in the Constitution: Overview of the protection of human rights in the Constitution and by the Parliament. Includes arguments for and against a Human Rights Amendment.

• Studies in Constitutional Law: Includes sections on the interpretation of the Constitution, federal powers over commerce, the relationship of the Constitution to Common Law, and the distribution of governmental powers.

• The Constitution and Government: Powers given by the Australian constitution to federal, state, and local governments.

• Constitutional Issues by Section: Papers on constitutional law issues. Divided according to the section to which they pertain.

• Taking Without Paying: An interpretation of property rights from the Constitution.

• The Constitution and the Governor General: Details the constitutional powers of the Queen and the Governor General.

• The Constitution and Payment of Senators and Representatives: The constitutionality of payment laws regarding members of Parliament.

• The Constitution and Rights: The Constitution, the High Court, and Rights in Australia.

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