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Australia · Year 2 · Constitutional Law

The Constitution

Federation and key sections.

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  1. 1.When did the Commonwealth of Australia come into being?

    1 January 1901, under the Commonwealth of Australia Constitution Act 1900 (UK).

    Constitution Act 1900 (UK)

  2. 2.Section 109 of the Constitution?

    When a State law is inconsistent with a Commonwealth law, the Commonwealth law prevails and the State law is invalid to the extent of the inconsistency.

    Constitution, s 109

  3. 3.Section 128 — the "double majority"?

    A proposed alteration must be approved by a majority of voters nationally and by a majority of voters in a majority of States (at least four of six).

    Constitution, s 128

  4. 4.What did the 1967 referendum change?

    Removed the exclusion of Aboriginal people from the race power in s 51(xxvi) and repealed s 127 (which excluded them from population counts).

    Constitution Alteration (Aboriginals) 1967

  5. 5.Outcome of the 2023 Voice referendum?

    The proposal to establish an Aboriginal and Torres Strait Islander Voice was rejected nationally and in every State (14 October 2023).

    Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023

  6. 6.Section 92?

    Trade, commerce and intercourse among the States shall be absolutely free; Cole v Whitfield (1988) read the trade limb as prohibiting discriminatory burdens of a protectionist kind.

    Constitution, s 92; (1988) 165 CLR 360