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© 2005 David Latimer

DRAFT AMENDMENTS IN CONTEXT

Below are all twenty amendments required to implement the Honorary President Republican Model, in the standard format used at referendum. This shows each change in context. No part of a section is omitted and the important Chapter II on Executive Government is shown in full. Note that the Honorary President Republican Model does not make a suggestion for changes to the Schedule.

Text with a line through the centre is to be deleted. Underlined text is to be included. Red italic text serves as a guide for the reader.

Commonwealth Of Australia Constitution Act

Chapter I. The Parliament.

Part I. General.

1. The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen Presidency, a Senate, and a House of Representatives, and which is herein-after called "The Parliament," or "The Parliament of the Commonwealth."

2. A Governor-General appointed by the Queen shall be Her Majesty's representative in the Commonwealth, 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.

2. After a nomination, by message from the Prime Minister or, in the absence of the Prime Minister the most senior minister of the Federal Executive Council, to the Honorary President, the Honorary President may remove the current Governor General and appoint the nominated person to the office of Governor General.

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. The salary of the Governor-General shall not be altered during his continuance in office.

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.

4. The Governor General shall be the representative of the Honorary President in the Parliament of the Commonwealth and may exercise in the Parliament, subject to this constitution, the powers and functions of the Presidency. During any vacancy of office, period of incapacity or absence from the Commonwealth of the Governor-General, the provisions of this constitution relating to the Governor-General shall recursively extend and apply to the longest-serving State Governor.

No further changes to this part

Part II. The Senate.

No changes in this part

Part III. The House of Representatives.

Only the following section is changed

34. Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as follows:

(i.) He must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector, and must have been for three years at the least a resident within the limits of the Commonwealth as existing at the time when he was chosen:

(ii.) He must be a subject of the Queen, either natural-born or for at least five years naturalised under a law of the United Kingdom, or of a Colony which has become or becomes a State, or of the Commonwealth, or of a State.

(ii.) The person must be an Australian Citizen as defined by the laws made by the Parliament

Part IV. Both Houses of the Parliament.

Sections 44, 57 and 58 are changed and sections 59 and 60 are relocated into Chapter II, Part I.

44. Any person who

(i.) Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power: or

(ii.) Is attained of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer: or

(iii.) Is an undischarged bankrupt or insolvent: or

(iv.) Holds any office of profit under the Crown Presidency, or any pension payable during the pleasure of the Crown Presidency, out of any of the revenues of the Commonwealth: or

(v.) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons:

shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives. But sub-section iv. does not apply to the office of any of the Queen's Ministers of State for the Commonwealth, or of any of the Queen's Ministers for a State, or to the receipt of pay, half pay, or a pension, by any person as an officer or member of the Queen's navy or army naval or military forces of the Commonwealth, or to the receipt of pay as an officer or member of the naval or military forces of the Commonwealth by any person whose services are not wholly employed by the Commonwealth.

57. If the House of representatives passes any proposed law, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, and if after an interval of three months the House of Representatives, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor-General may dissolve the Senate and the House of Representatives simultaneously. But such dissolution shall not take place within six months before the date of the expiry of the House of Representatives by effluxion of time.

If after such dissolution the House of Representatives again passes the proposed law, with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor-General may convene a joint sitting of the members of the Senate and of the House of Representatives.

The members present at the joint sitting may deliberate and shall vote together upon the proposed law as last proposed by the House of Representatives, and upon amendments, if any, which have been made therein by one House and not agreed to by the other, and any such amendments which are affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives shall be taken to have been carried, and if the proposed law, with the amendments, if any, so carried is affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives, it shall be taken to have been duly passed by both Houses of the Parliament, and shall be presented to the Governor-General for the Queen's assent.

58. When a proposed law passed by both Houses of the Parliament is presented to the Governor-General for the Queen's assent, he shall declare, according to his discretion, but subject to this Constitution, that he assents in the Queen's name, on behalf of the Presidency or that he withholds assent. assent, or that he reserves the law for the Queen's pleasure.

The Governor-General may return to the house in which it originated any proposed law so presented to him, and may transmit therewith any amendments which he may recommend, and the Houses may deal with the recommendation.

59. The Queen may disallow any law within one year from the Governor-General's assent, and such disallowance on being made known by the Governor-General by speech or message to each of the Houses of the Parliament, or by Proclamation, shall annul the law from the day when the disallowance is so made known.

60. A proposed law reserved for the Queen's pleasure shall not have any force unless and until within two years from the day on which it was presented to the Governor-General for the Queen's assent the Governor-General makes known, by speech or message to each of the Houses of the Parliament, or by Proclamation, that it has received the Queen's assent.

Chapter II. The Executive Government.

Part I. The Honorary President.

59. An Honorary President, chosen by the people of the Commonwealth acting as one electorate shall hold the most senior office of the Presidency, holding all the executive powers and functions of the Commonwealth, however these powers and functions shall only be exercised:

  1. by representing the Presidency in a lawful ceremony or occasion;
  2. by appointing and removing Governors-General in accordance with this constitution;
  3. by delegating federal powers and functions to the Governor General;
  4. by declaring, by signed instrument, the validity of the Governor General's authority regarding external affairs;
  5. by appointing and removing Governors and Lieutenant Governors of a state, in accordance with the constitution of that state; and
  6. regarding a state, as directed by the constitution of that state.

Any exercise of power or function by the Honorary President, except in accordance with this section of this constitution shall have no validity and may be regarded as an improper exercise of power or function, however any improper exercise of power or function by the Honorary President shall not, in consequence, affect the validity of any exercise of a power or function by a Governor General or Governor. Furthermore, the Governor General or the Governor of a state may continue to exercise a power or function of the Presidency by precedent, until referenced by a subsequent delegation, and the Governor General shall continuously be able to exercise, on behalf of the Presidency, executive powers of the Commonwealth for the execution and maintenance of its laws and this, its constitution.

60. The Parliament shall make laws for the conduct of the election and term of the Honorary President providing, but not limited to providing, for:

  1. the qualification of candidates
  2. the nomination of candidates by
    1. any state parliament, where one former Governor or one former Lieutenant Governor of that state is nominated; and
    2. the Federal Parliament, where one former Governor General is nominated.
    3. public petition, up to three showing the greatest support;
  3. the disqualification of candidates who have or in recent years have had an association or membership of a political party;
  4. limitations on re-nomination;
  5. the appointment of one or more Honorary Vice Presidents from the group of candidates;
  6. annual salary and expenses;
  7. a term of five years, extensible in lots of six months to a maximum of eight years for the purpose of coordination with other elections;
  8. restrictions on holding other offices under this constitution;
  9. the resignation of the Honorary President or Honorary Vice President; and
  10. the assumption of office by an Honorary Vice President

Chapter II. The Executive Government.

Section 61 becomes the third and last section of Chapter II, Part I

61. The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.

61. An Honorary President or an Honorary Vice President, may be permanently removed by the Governor General, on an address from both Houses of Parliament in the same session praying for such removal on the grounds of:

  1. proved misbehaviour;
  2. incapacity;
  3. improper exercise of powers;
  4. holding foreign citizenship; or
  5. activity in a political party.

Part II. The Federal Executive Council.

62. There shall be a Federal Executive Council to advise the Governor-General in the government of the Commonwealth, and the members of the Council shall be chosen and summoned by the Governor-General and sworn as Executive Councillors, and shall hold office during his pleasure.

63. The provisions of this Constitution referring to the Governor-General in Council shall be construed as referring to the Governor-General acting with the advice of the Federal Executive Council.

64. The Governor-General may appoint officers to administer such departments 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.

After the first general election no Minister of State shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives.

65. Until the Parliament otherwise provides, the Ministers of State shall not exceed seven in number, and shall hold such offices as the Parliament prescribes, or, in the absence of provision, as the Governor-General directs.

66. There shall be, payable to the Queen out of the Consolidated Revenue Fund 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 other officers of the Executive Government of the Commonwealth shall be vested in the Governor-General in Council, unless the appointment is delegated by the Governor-General in Council or by a law of the Commonwealth to some other authority.

68. The command in chief of the naval and military forces of the Commonwealth is vested in the Governor-General as the Queen's representative. representative of the Presidency.

Chapter III. The Judicature.

Only the following two sections are changed

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.

But no exception or regulation prescribed by the Parliament shall prevent the High Court from hearing and determining any appeal from the Supreme Court of a State in any matter in which at the establishment of the Commonwealth an appeal lies from such Supreme Court to the Queen in Council.

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.

The Parliament shall provide the conditions of and restrictions of appeals from the Supreme Courts of the several states 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 certificate 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.

Chapter IV. Finance And Trade.

No changes in this chapter

Chapter V. The States.

Only the following section is changed

117. A subject of the Queen permanent resident, as defined by the laws made by the Parliament, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State.

Chapter VI. New States.

Only the following section is changed

122. The Parliament may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit.

Chapter VII. Miscellaneous.

Only the following section is changed

126. The Queen may authorise the Governor-General to appoint any person, or any persons jointly or severally, to be his deputy or deputies within any part of the Commonwealth, and in that capacity to exercise during the pleasure of the Governor-General such powers and functions of the Governor-General as he thinks fit to assign to such deputy or deputies, subject to any limitations expressed or directions given by the Queen; but the appointment of such deputy or deputies shall not affect the exercise by the Governor-General himself of any power or function.

126. At the commencement of the term of the first Honorary President, in respect to Australia:

  1. the Presidency shall be the successor to the Queen and the Crown;
  2. the validity and continued effect of the Queen’s powers and functions shall be held in the Presidency; and
  3. the validity and continued effect of the Crown shall be held in the Presidency and where the Presidency is holding this validity or effect it may continue to be referenced as the "Crown" or it may be referenced as the "Presidency."

However, notwithstanding anything in this section, the Queen shall continue to be recognised as Head of the Commonwealth of Nations and Australia’s membership of it shall continue until the Parliament otherwise provides.

Chapter VIII. Alteration of the Constitution

128. This Constitution shall not be altered except in the following manner:

The proposed law for the alteration thereof must be passed by an absolute majority of each House of the Parliament, and not less than two nor more than six months after its passage through both Houses the proposed law shall be submitted in each State and Territory to the electors qualified to vote for the election of members of the House of Representatives.

But if either House passes any such proposed law by an absolute majority, and the other House rejects or fails to pass it, or passes it with any amendment to which the first-mentioned House will not agree, and if after an interval of three months the first-mentioned House in the same or the next session again passes the proposed law by an absolute majority with or without any amendment which has been made or agreed to by the other House, and such other House rejects or fails to pass it or passes it with any amendment to which the first-mentioned House will not agree, the Governor-General may submit the proposed law as last proposed by the first-mentioned House, and either with or without any amendments subsequently agreed to by both Houses, to the electors in each State and Territory qualified to vote for the election of the House of Representatives.

When a proposed law is submitted to the electors the vote shall be taken in such manner as the Parliament prescribes. But until the qualification of electors of members of the House of Representatives becomes uniform throughout the Commonwealth, only one-half the electors voting for and against the proposed law shall be counted in any State in which adult suffrage prevails.

And if in a majority of the States a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the Governor-General for the Queen's assent.

No alteration diminishing the proportionate representation of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representative, or increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting in that State approve the proposed law.

In this section, "Territory" means any territory referred to in section one hundred and twenty-two of this Constitution in respect of which there is in force a law allowing its representation in the House of Representatives.