CO885(2-3) — Page 506

PUBLIC RECORD OFFICE

Reference :-

C.O.885

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CONFIDENTIAL.

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Colonial Office,

15th May, 1871.

Differential Duties, &c.

PUBLIC RECORD OFFICE

Reference -

TTC.O.885

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1. Differential Duties.

Royal Instructions to Governore,

1. THE state of the case (legally) with regard to the imposition by Colonial Legislatures of "Differential Duties, and of Duties "at variance with Treaties entered into by Her Majesty with Foreign Nations," is as follows:-

1st. As to ** Differential Duties.

2. The Governor of every Colony is directed by Royal Instructions, either to reserve for the signifi- cation of Her Majesty's Pleasure any Bills imposing Differential Duties, or (when the power to reserve is not vested in him) not to assent to any such Bill, unless it contains a Suspending Clause; thus in every case securing to Her Majesty the decision whether such measure should be allowed to come into operation.

3. There is only one Imperial Act in force which prohibits the imposition of Differential Duties by

Imperial Act, 13 and 14 Viet., c. 59. Colonial Legislatures, namely, the "Australian Colonies Government Act, 13 and 14 Vict., cap. 59, Bec. 27."

Local Legislation

Imperial.

similar

to

By that Act it is provided that "no New Duty shall be imposed upon the importation into any of the said Colonies of any article the produce and manufacture of, or imported from, any particular country or place, which shall not be equally imposed on the importation into the same Colony of the like article, &c., from all other countries and places whatsoever."

4. Following upon this Imperial Act the "Con- stitution Acts of New South Wales (18 and 19

Vict., cap. 54, sec. 45); Victoria (18 and 19 Vict.,

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cap. 55, sec. 43); the Order in Council constituting

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