Commonwealth of Australia Constitution Act 1901 | Section 1

The Australian Constitution is the foundation of the country’s government and law. It was established through the Commonwealth of Australia Constitution Act 1901. This Act forms the legal structure that unites the states under one federal government.

If you want to understand how Australia functions as a democracy, Section 1 is the starting point. It defines where the power to make laws lies and who has the authority to create them.

Without Section 1, the system of Parliament and law-making in Australia would not be clear. This section is short, but its importance is huge—it gives Parliament the power to legislate for the nation.

Section 1 – The Legislative Power

Section 1 of the Commonwealth of Australia Constitution Act 1901 states:

“The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen, a Senate, and a House of Representatives, and which is hereinafter called ‘The Parliament,’ or ‘The Parliament of the Commonwealth.’”

This tells us that:

• All law-making power belongs to the Federal Parliament.

• Parliament is made up of three elements: the Queen (represented by the Governor-General), the Senate, and the House of Representatives.

• The Parliament of the Commonwealth is the only federal body that can make laws for Australia.

For example, if a new national tax law is introduced, it must go through both Houses of Parliament and then receive Royal Assent from the Governor-General. Only then does it become law. This ensures that laws are created through a democratic process, not by a single person or institution.

Why Constitution Act 1901 | Section 1 Matters

Section 1 is the foundation of Australia’s federal democracy. It ensures that power is shared between different bodies and prevents misuse of authority. The section highlights that:

• Separation of Powers: Parliament makes the laws, while the Executive carries them out, and the Judiciary interprets them.

• Representation: Citizens elect members of the House of Representatives and the Senate, meaning laws are created by people chosen by the public.

• Checks and Balances: No law can pass without approval from both Houses and the Governor-General, making sure decisions are carefully reviewed.

Without Section 1, Australia would lack a clear framework for who has the right to make national laws. This would weaken democracy and open the door to conflicts between states and the federal government.

The Structure of Parliament Under Constitution Act 1901 | Section 1

Section 1 sets up the Federal Parliament, which includes:

• The Queen (Governor-General): The Governor-General represents the Crown in Australia and provides Royal Assent to bills.

• The Senate: Known as the “upper house,” the Senate represents the states. Each state, regardless of size, has equal numbers of senators.

• The House of Representatives: Called the “lower house,” it represents the people. The number of members depends on population, so bigger states have more representatives.

This design balances the interests of the people with those of the states. For example, smaller states like Tasmania have the same number of senators as larger states like New South Wales. This prevents smaller states from being ignored in national law-making.

A Practical Example of Constitution Act 1901 | Section 1 in Action

Consider the Fair Work Act 2009. This law sets out rules for workplace rights, minimum wages, and employment conditions across Australia.

• The bill was first introduced in the House of Representatives.

• It was debated and passed in the House, then sent to the Senate for further debate and approval.

• Once both Houses passed it, the Governor-General gave Royal Assent.

This step-by-step process follows Section 1’s rule that only Parliament, consisting of the Queen, Senate, and House of Representatives, can make laws.

Historical Importance of Constitution Act 1901 | Section 1

When Australia became a federation in 1901, the six colonies agreed to come together under one Constitution. Section 1 was critical in this unification process because it established a single Parliament with authority across the whole nation.

• Before federation, each colony made its own laws without a central authority.

• Section 1 ensured that certain powers, such as defense, foreign affairs, and trade, would now belong to the Federal Parliament.

• This helped create a stronger, united Australia.

In short, Section 1 is not just a rule for today—it was a key reason why Australia became a single nation in the first place.

Conclusion

Section 1 of the Commonwealth of Australia Constitution Act 1901 might look simple, but it carries enormous weight. It gives the Parliament of the Commonwealth its law-making authority, ensures a democratic process, and balances the power between people, states, and the Crown.

Without this section, the entire federal structure of Australia would not exist. It is the legal backbone that allows Parliament to represent citizens and pass laws fairly. When you think about how Australia functions as a democracy, everything starts with Section 1.

FAQs

What does Section 1 of the Australian Constitution mean?

Section 1 states that the power to make laws for Australia belongs to the Federal Parliament. Parliament includes the Queen (through the Governor-General), the Senate, and the House of Representatives. No federal law can exist without going through this process.

Why is Section 1 of the Constitution important?

Section 1 is important because it establishes Parliament as the central law-making body. It ensures democratic representation, balances power between states and the people, and prevents any single authority from controlling laws. It is the foundation of Australia’s federal system.

How is Parliament formed under Section 1?

Parliament is made up of three parts: the Queen (represented by the Governor-General), the Senate, and the House of Representatives. The Senate represents the states, while the House represents the people. Both Houses must agree on laws before they can be enacted.

Does Section 1 allow the Prime Minister to make laws?

No, the Prime Minister cannot make laws alone. Section 1 vests law-making power in the whole Parliament. The Prime Minister leads the government, but laws must pass through both Houses of Parliament and receive Royal Assent from the Governor-General.

Can Section 1 be changed?

Yes, but only through a referendum under Section 128 of the Constitution. Australians must vote, and a majority of voters nationwide plus a majority in at least four states must approve. This makes changes to Section 1 very rare.