CO885-(11-13) — Page 103

2200.

MY LORD,

No. 797.

( AUSTRALIA).

LAW OFFICERS to COLONIAL OFFICE.

We were honoured with your Lordship's commands signified in Mr. Holland's letter

Temple, March 10, 1873. of the 7th March instant, stating that he was directed by your Lordship to transmit to us the copy of a Draft Bill which had been prepared in your Department for the purpose of enabling the Australian Colonies to impose or remit duties upon the importation into any one of the said Colonies of any article the produce or manufacture of or inported from any other of the said Colonies.

2. Mr. Holland also stated that he transmitted to us a memorandum which had been prepared in your Lordship's Department, from which we would perceive that the imposition of differential duties by the Colonial Legislatures is prohibited in the Australian Colonies by the Imperial Act 13 & 14 Vict. e. 59. a. 27, and that follow- ing upon the Imperial Act the Constitutional Acts of New South Wales (18 & 19 Vict. c. 54. s. 45), and Victoria (18 & 19 Vict. c. 55. s. 43) the Order in Council constituting Queensland a separate Colony, and the Queensland Constitution Act (31 Vict. No. 33) contain like provisions; and

3. That by the Bill now submitted for our consideration the proviso in section 27 of the Australian Colonies Government Act (13 & 14 Vict. c. 59) is in effect so far repealed as to admit of the remission or imposition of duties in any one of those Colonies upon articles the produce or manufacture of or imported from any other of them; but the rest of the proviso, which includes countries and places other than the Australas an Colonies, and the provisions of the 31st section of the Imperial Act by which the Colonial Legislatures are prohibited from levying duties, &c., contrary to treaties with foreign Powers will still remain in full force, and upon that point a question arises upon which, as well as upon the Draft Bill, our opinion was desired.

4. That, as would be seen by an annexed memorandum, the Constitution Acts of New South Wales and Victoria and the Order in Council and Constitution Act of Queensland contain like provisions to those in sections 27 and 31 of the Imperial Act. But the Constitution Acts of South Australia and Tasmania, by which the Legislative Councils and Assemblies were created, under the powers given by the section 32 of the Australian Colonies Government Act (13 & 14 Vict. c. 59) in place of the Legislative Councils established under that Act, do not contain any " Differential Duties"

"Treaties" clauses.

or

5. That it is, however, apprehended that, as by the terms of section 32 of the last mentioned Act the substituted Legislative bodies have only the powers and functions of the Legislative Councils established under the Act, the existing Legislatures are bound by the provisions of section 27 and 31 of the Imperial Act, and that they are unable, therefore, until section 27 is repealed and only so far as it is repealed, to impose "Differential Duties," and after such repeal will still be unable to iinpose duties at variance with the provisions of section 31.

6. Mr. Holland was pleased also to say that we would observe that that view was apparently confirmed by the report of the Law Officers of the 28th July 1871* (a copy of which was annexed for our information), as it was then decided that the restriction imposed upon the Legislative Council of Tasmania by the 12th section of 13 & 14 Vict. c. 59, remained in force upon the bodies which that Council was authorised to create in substitution for itself.

7. That the same argument applied to Western Australia, where a Legislative Council had been established under section 9 of the Imperial Act; and

8. That in those circumstances, Mr. Holland added that he was to request that we would favour your Lordship with our opinion upon the following questions:—

1. Whether the provisions of sections 27 and 31 of the Australian Colonies Govern- ments Act apply to the existing Legislatures of South Australia, Tasmania, and Western Australia.

2. Whether the Draft Bill, now submitted for consideration,

sufficient to effect

the desired object, and whether any, and, if any, what amendments are necessary?

U 16978.-828. 25.-5/86.

• No. 720.

PUBLIC RECORD OFFICE

19

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Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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