Act No. 12 of 2019. Introduced by /u/Youmaton. Assented to 2019-06-02.
1 2019 2 The Parliament of the Commonwealth of Australia 3 HOUSE OF REPRESENTATIVES 4 Presented and read a first time 5 Constitution Alteration (Establishment of Republic) 6 Bill 2019 7 No. , 2019 8 (The Hon’ble Youmaton, Member for Canberra) 9 A Bill for an Act to alter the Constitution to establish the 10 Commonwealth of Australia as a republic with a President chosen 11 by a two-thirds majority of the members of the Commonwealth 12 Parliament 13 ________________________________________________________ 14 Contents 15 1 - Short Title 16 2 - Commencements 17 3 - Schedules 18 Schedule 1 - Amendments of the Constitution relating to the President 19 Schedule 2 - Consequential amendments to the Constitution 20 Schedule 3 - Transitional provisions 21 ________________________________________________________ 22 A Bill for an Act to alter the Constitution to establish the 23 Commonwealth of Australia as a republic with a President chosen 24 by a two-thirds majority of the members of the Commonwealth 25 Parliament 26 The Parliament of Australia, with the approval of electors, as required by 27 the Constitution, enacts: 28 1 Short Title 29 This Act may be cited as the Constitution Alteration 30 (Establishment of Republic) Bill 2018. 31 2 Commencement 32 (1) Sections 1, 2 and 3 commence on the day on which this Act receives 33 the Royal Assent. 34 (2) Schedules 1 and 2 commence at 3.00pm, by legal time in the Australian 35 Capital Territory, on 1 January 2020. 36 (3) Schedule 3 commences on the day on which this Act receives the Royal 37 Assent. 38 3 Schedules 39 The Constitution is altered as set out in the Schedules. 40 Schedule 1 - Amendments to the Constitution relating to 41 the President 42 1 Section 59 43 Repeal the section. 44 2 Section 60 45 Repeal the section. 46 3 Section 61, 62 and 63 47 Repeal the sections, substitute, in Chapter II: 48 59 Executive Power 49 The executive power of the Commonwealth is vested in the President, and extends to 50 the execution and maintenance of this Constitution, and of the laws of the 51 Commonwealth. The President shall be the head of state of the Commonwealth. 52 There shall be a Federal Executive Council to advise the President in the government 53 of the Commonwealth, and the members of the Council shall be chosen and 54 summoned by the President and sworn as Executive Councillors, and shall hold office 55 during the pleasure of the President. 56 The President shall act on the advice of the Federal Executive Council, the Prime 57 Minister or another Minister of State; but the President may exercise a power that was 58 a reserve power of the Governor-General in accordance with the constitutional 59 conventions relating to the exercise of that power. 60 60 The President 61 After considering the report of a committee established and operating as the 62 Parliament provides to invite and consider nominations for appointment as President, 63 the Prime Minister may, in a joint sitting of the members of the Senate and the House 64 of Representatives, move that a named Australian citizen be chosen as the President. 65 If the Prime Minister’s motion is seconded by the leader of the Opposition in the 66 House of Representatives, and affirmed by a two-thirds majority of the total number 67 of the members of the Senate and the House of Representatives, the named Australian 68 citizen is chosen as the President. 69 The qualifications of a person who may be chosen as President shall be as follows: 70 (i) the person must be qualified to be, and capable of being chosen as, a 71 member of the House of Representatives; 72 (ii) the person must not be a member of the Commonwealth Parliament or a 73 State Parliament or Territory legislature, or a member of a political party. 74 The actions of a person otherwise duly chosen as President under this section are not 75 invalidated only because the person was not qualified to be chosen as President. 76 Each person chosen as President shall, before the term of office begins, make and 77 subscribe before a Justice of the High Court an oath or affirmation of office in the 78 form set forth in Schedule 1 to this Constitution. 79 61 Term of office and remuneration of President 80 The term of office of a President begins at the end of the term of office of the 81 previous President. But if the office of President falls vacant, or the term of office of 82 the outgoing President ends, before the day on which the incoming President makes 83 the oath or affirmation of office, the incoming President’s term of office begins on the 84 day after that day. 85 The President holds office for three months but if, at the end of the term, a new 86 President does not take office, the office of President does not thereby fall vacant and 87 the outgoing President continues as President until the term of office of the next 88 President begins. 89 A person may serve more than one term as President. 90 The President may resign by signed notice delivered to the Prime Minister. 91 The President shall receive such remuneration as the Parliament fixes. The 92 remuneration of a President payable during a term of office shall not be altered during 93 that term of office. 94 62 Removal of President 95 The Prime Minister may, by instrument signed by the Prime Minister, remove the 96 President with effect immediately. 97 A Prime Minister who removes a President must seek the approval of the House of 98 Representatives and the Senate in a joint sitting for the removal of the President 99 within three days after the removal, unless: 100 (i) within that period, the House and/or Senate expires or is dissolved; or 101 (ii) before the removal, the House and/or Senate had expired or been 102 dissolved, but a general election of members of the House had not taken 103 place. 104 63 Acting President and deputies 105 Until the Parliament otherwise provides, the longest-serving State Governor available 106 shall act as President if the office of President falls vacant. A State Governor is not 107 available if the Governor has been removed (as acting President) by the current Prime 108 Minister under section 62. 109 Until the Parliament otherwise provides, the Prime Minister may appoint the longest- 110 serving State Governor available to act as President for any period, or part of a 111 period, during which the President is incapacitated. 112 Until the Parliament otherwise provides, the President may appoint any person, or 113 any persons jointly or severally, to be the President’s deputy or deputies, and in that 114 capacity to exercise during the pleasure of the President (including while the 115 President is absent from Australia) such powers and functions of the President as the 116 President thinks fit to assign to such deputy or deputies. 117 The appointment of such deputy or deputies shall not affect the exercise by the 118 President personally (including while the President is absent from Australia) of any 119 power or function. 120 A person shall not exercise powers or functions as the acting President unless, in 121 respect of that occasion of acting as President, the person has made and subscribed, 122 before a Justice of the High Court, the President’s oath or affirmation of office in the 123 form set forth in Schedule 1 to this Constitution. 124 A person shall not exercise powers or functions as the President’s deputy unless, 125 since being appointed as the President’s deputy, the person has made and subscribed, 126 before a Justice of the High Court, the President’s oath or affirmation of office in the 127 form set forth in Schedule 1 to this Constitution. 128 An acting President, or a person exercising powers or functions as the President’s 129 deputy, shall receive such allowances as the Parliament fixes. 130 4 At the end of Chapter II 131 Add, in Chapter II: 132 70A Continuation of prerogative 133 Until the Parliament otherwise provides, but subject to this Constitution, any 134 prerogative enjoyed by the Crown in right of the Commonwealth immediately before 135 the office of Governor-General ceased to exist shall be enjoyed in like manner by the 136 Commonwealth and, in particular, any such prerogative enjoyed by the Governor- 137 General shall be enjoyed by the President. 138 5 Schedule 139 Repeal the Schedule; substitute: 140 Schedule 1 - Oaths and affirmations 141 Part 1 - Oath or affirmation of allegiance: Members of 142 Parliament 143 Under God I swear that I will be loyal to the Commonwealth of Australia and the 144 Australian people, whose laws I will uphold. 145 I solemnly and sincerely affirm that I will be loyal to the Commonwealth of Australia 146 and the Australian people, whose laws I will uphold. 147 Part 2 - Oath or affirmation of office: President 148 Under God I swear that I will be loyal to the Commonwealth of Australia and the 149 Australian people, whose rights and liberties I respect and whose laws I will uphold, 150 and that I will serve the Australian people according to law without fear or favour. 151 I solemnly and sincerely affirm that I will be loyal to the Commonwealth of Australia 152 and the Australian people, whose rights and liberties I respect and whose laws I will 153 uphold, and that I will serve the Australian people according to law without fear or 154 favour. 155 Schedule 2 - Consequential amendments of the 156 Constitution 157 1 Table of contents 158 Omit “The Schedule”, substitute: 159 Schedule 1 - Oaths and affirmations 160 Schedule 2 - Transitional provisions for the establishment of the republic 161 2 Section 1 162 Omit “Queen”, substitute “President” 163 3 Sections 2, 3, and 4 164 Repeal the sections 165 4 Sections 5, 7, and 15 166 Omit “Governor-General”, substitute “President” 167 5 Section 17 (heading) 168 Add at the end “of the Senate” 169 6 Section 17 170 After “President” (second, third and fourth occuring), insert “of the Senate” 171 7 Section 17 172 Omit “Governor-General”, substitute “President of the Commonwealth” 173 8 Section 18 (heading) 174 Add at the end “of the Senate” 175 9 Section 18 176 After “President”, insert “of the Senate” 177 10 Section 19 178 Omit “to the President, or to the Governor-General if there is no President or if the 179 President”, substitute “to the President of the Senate, or to the President of the 180 Commonwealth if there is no President of the Senate or if the President of the 181 Senate”. 182 11 Section 21 183 Omit “the President, or if there is no President or if the President is absent from the 184 Commonwealth the Governor-General”, substitute “the President of the Senate, or if 185 there is no President of the Senate or if the President of the Senate is absent from the 186 Commonwealth, the President of the Commonwealth”. 187 12 Section 23 188 After “President”, insert “of the Senate” 189 13 Section 28 190 Omit “Governor-General”, substitute “President” 191 14 Sections 32 and 33 192 Omit “Governor-General in Council”, substitute “President in Council” 193 15 Subsection 34(ii) 194 Repeal the subsection, substitute: 195 (ii) the person must be an Australian citizen 196 16 Sections 35, 37, and 42 197 Omit “Governor-General”, substitute “President” 198 17 Section 42 199 Omit “the schedule”, substitute “Schedule 1” 200 18 Subsection 44(iv) 201 Repeal the subsection, substitute: 202 (iv) holds any office of profit under the Executive Government of the 203 Commonwealth, a State or a Territory, or any pension payable, during the 204 pleasure of the Executive Government of the Commonwealth, out of any of 205 the revenues of the Commonwealth; or 206 19 Section 44 207 Omit “Queen’s” (first and second occuring) 208 20 Section 44 209 Omit “or to the receipt of pay, half pay, or a pension, by any person as an officer or 210 member of the Queen’s navy or army,”. 211 21 Sections 56 and 57 212 Omit “Governor-General” (wherever occuring), substitute “President” 213 23 Section 58 214 Repeal the section, substitute: 215 58 Assent to Bills 216 When a proposed law passed by both Houses of the Parliament is presented 217 to the President for assent, the President shall, according to the President’s 218 discretion but subject to this Constitution, assent to the law or withhold 219 assent. 220 Recommendations by President 221 The President may return to the House in which it originated any proposed 222 law so presented, and may transmit therewith any amendments which the 223 President may recommend, and the Houses may deal with the 224 recommendation. 225 24 Section 64 226 Repeal the section, substitute: 227 64 Ministers of State 228 The President may appoint officers to administer such departments of State of 229 the Commonwealth as the President in Council may establish. Such officers 230 shall hold office during the pleasure of the President. They shall be members 231 of the Federal Executive Council and shall be the Ministers of State for the 232 Commonwealth. 233 Ministers to sit in Parliament 234 No Minister of State shall hold office unless the person is or becomes a 235 senator or a member of the House of Representatives. 236 25 Section 65 237 Omit “Governor-General”, substitute “President” 238 26 Section 66 239 Repeal the section, substitute: 240 66 Salaries of Ministers 241 There shall be payable out of the Consolidated Revenue Fund, for the salaries 242 of the Ministers of State, such annual sum as is fixed by the Parliament. 243 27 Section 67 244 Omit “Governor-General in Council” (wherever occurring), substitute “President in 245 Council” 246 28 Section 68 247 Omit “the Governor-General as the Queen’s representative”, substitute “the 248 President” 249 29 Section 69 250 Omit “by the Governor-General” 251 30 Section 70 (heading) 252 Repeal the heading, substitute: 253 70 Vesting of certain powers 254 31 At the end of section 70 255 Add: 256 All powers and functions that were vested under this section in the Governor-General, 257 or in the Governor-General in Council, immediately before the office of Governor- 258 General ceased to exist shall vest in the President, or in the President in Council, as 259 the case requires. 260 32 Section 72 261 Omit “Governor-General” (wherever occurring), substitute “President” 262 33 Section 73 263 Repeal the last sentence, substitute: 264 The conditions of and restrictions on appeals from the Supreme Courts of the several 265 States to the High Court are as provided by the Parliament from time to time. 266 34 Section 74 267 Repeal the section 268 35 Section 83 269 Repeal the second sentence 270 36 Section 106A 271 Omit “Governor-General”, substitute “President” 272 37 Section 117 273 Omit “A subject of the Queen”, substitute “An Australian citizen”. 274 38 Section 117 275 Omit “a subject of the Queen”, substitute “an Australian citizen”. 276 39 Section 122 277 Omit “by the Queen”. 278 40 Section 126 279 Repeal the section, substitute: 280 126 Operation of Constitution and laws 281 This Constitution, and all laws made under it by the Parliament, shall be 282 binding on the courts, judges, and people of every State and of every part of 283 the Commonwealth, notwithstanding anything in the laws of any State. 284 126A Definitions 285 In this Constitution: 286 Australian citizen means a person who is an Australian citizen according to 287 the laws made by the Parliament. 288 The Commonwealth means the Commonwealth of Australia under this 289 Constitution. 290 The original States means New South Wales, Queensland, Tasmania, 291 Victoria, Western Australia and South Australia. 292 The President in Council means the President acting with the advice of the 293 Federal Executive Council. 294 The States means the original States, and such territories as may be admitted 295 into or established by the Commonwealth as States. 296 41 Section 127 297 Omit “Governor-General”, substitute “President”. 298 42 Section 129 299 Omit “Governor-General”, substitute “President”. 300 43 Section 130 301 Omit “Governor-General” (wherever occurring), substitute “President”. 302 44 Section 131 303 Omit “Governor-General”, substitute “President”. 304 45 Sections 132, 133 and 134 305 ` Repeal the sections. 306 46 Section 136 307 Omit “Governor-General” (wherever occurring), substitute “President”. 308 47 Section 138 309 Omit “Governor-General” (wherever occurring), substitute “President”. 310 48 Section 143 311 Omit “Governor-General” (wherever occurring), substitute “President”. 312 41 Section 145 313 Omit “Governor-General” (wherever occurring), substitute “President”. 314 42 Section 145 315 Omit “the Queen’s”. 316 Schedule 3 - Transitional provisions 317 1 At the end of the Constitution 318 Add: 319 Schedule 2—Transitional provisions for the establishment 320 of the republic 321 1 The Governor-General 322 The office of Governor-General ceases to exist at the commencement of Schedules 1 323 and 2 to the Constitution Alteration (Establishment of Republic) 2018. 324 2 The first President 325 The first President may be chosen before the office of Governor-General ceases to 326 exist, as if the provisions of this Constitution relating to the choice of the President 327 had commenced when the Constitution Alteration (Establishment of Republic) 2018 328 was enacted. 329 The first President’s term of office begins on 1 July 2019. The person chosen shall 330 make and subscribe the President’s oath or affirmation of office under section 60 on 331 or before that day. 332 But if no person is chosen as the first President before that day, the first President’s 333 term of office begins on the day after the person chosen makes the oath or 334 affirmation. Until that term begins, a person shall act as President in accordance with 335 section 63. 336 3 Parliament may make laws during transitional period 337 Before the office of Governor-General ceases to exist, the Parliament may make laws 338 that the Parliament could have made after that time because of the enactment of the 339 Constitution Alteration (Establishment of Republic) 2018, and such laws may take 340 effect before that time. 341 4 Savings 342 The alterations of this Constitution made by the Constitution Alteration 343 (Establishment of Republic) 2018 do not affect: 344 (i) the validity or continued effect, after the office of Governor-General 345 ceases to exist, of anything done before that time under this Constitution or 346 under the law in force in the Commonwealth; or 347 (ii) the continuity of the Parliament and its proceedings after the office of 348 Governor-General ceases to exist; or 349 (iii) the qualifications of a senator or a member of the House of 350 Representatives for the remainder of the term of a person who is a senator or 351 member when the office of Governor-General ceases to exist; or 352 (iv) the continuity of the Executive Government of the Commonwealth, 353 including in particular the membership and proceedings of the Federal 354 Executive Council, after the office of Governor-General ceases to exist; or 355 (v) the continuity of courts and their jurisdiction and proceedings after the 356 office of Governor-General ceases to exist. 357 After the office of Governor-General ceases to exist, anything done before that time 358 for the purposes of a provision of this Constitution by the Governor-General, or by 359 the Governor-General in Council,has effect as if it had been done by the President, or 360 by the President in Council, as the case requires. 361 5 The States 362 A State of the Commonwealth of Australia shall, by this Constitution, at the moment 363 the office of Governor-General ceases to exist, shall cease to retain its links with the 364 Crown 365 6 Unified federal system 366 The alterations of this Constitution made by the Constitution Alteration 367 (Establishment of Republic) 2018 do not affect the continuity of the federal system, 368 including the unified system of law, under this Constitution. 369 7 Amendment of Australia Acts 370 The Commonwealth Parliament may, at the request of a State Parliament, amend 371 section 7 of the Australia Act 1986, and section 7 of the Australia Act 1986 of the 372 United Kingdom to the extent that it forms part of the law of the Commonwealth or 373 that State, to provide that those sections do not apply to the State. 374 Nothing in this clause prevents the amendment of section 7 of the Australia Act 1986, 375 or section 7 of the Australia Act 1986 of the United Kingdom to the extent that it 376 forms part of the law of the Commonwealth or a State, in accordance with subsection 377 15(1) of the Australia Act 1986. 378 8 Constitutional conventions 379 The enactment of the Constitution Alteration (Establishment of Republic) 2018 does 380 not prevent the evolution of the constitutional conventions relating to the exercise of 381 the reserve powers referred to in section 59 of this Constitution. 382 9 Interpretation 383 The reference to the Crown in clause 5 of this Schedule shall extend to the Queen’s 384 heirs and successors in the sovereignty of the United Kingdom.