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Commonwealth of Australia Constitution Act (consolidated as of July 25, 2003)
Superseded Text
Go to latest Version in WIPO Lex
Year of Version
2003
Dates
Entry into force:
January 1, 1901
Type of Text
Constitution/Basic Law
Subject Matter
Other
Notes
The 1901 Constitution, the supreme law of the Federal Government of Australia (also known as the Commonwealth of Australia), unified the Australian colonies as a single nation and established the law under which the government of the Australian Commonwealth operates. The Constitution has successfully been amended 8 times by referendum and consolidated in 2003 (taking account of amendments up to Act No. 84 of 1977). It delineates the powers and duties of the legislative, executive, and judicial branches, details the division of powers between the federal and state governments, and reserves individual rights to the people.
The federal government of Australia has the Queen represented by the Governor-General and a bicameral parliament which consists of two Houses: the Senate and the House of Representatives. These three elements make Australia a constitutional monarchy and a parliamentary democracy.
The Constitution contains provisions that specifically refer to intellectual property by giving the Parliament the power to enact laws relating to patents, copyrights and trademarks. Section 51, Part V, Article 51(xviii) stipulates: “The Parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of the Commonwealth with respect to…(xviii): copyrights, patents of inventions and designs, and trademarks”.
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Commonwealth of Australia Constitution Act (consolidated as of July 25, 2003)
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WIPO Lex No.
AU171