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PUBLIC RECORD OFFICE

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laying before Parliament as required by Section 32 of 13 and 14 Victoria Cap. 59, was or were required to be reserved at all, unless falling within the terms of 5 and 6 Victoria Cap. 76 Section 31.

We were further honoured with a letter from Mr. H. Bertram Cox, dated the 10th March last, stating that, with reference to Mr. Lucas's letter of 13th January last, he was directed to lay before us a copy of a Minute by the Solicitor-General of New South Wales (in which the Attorney-General of that State concurred) upon the subject of the reservation of Bills passed by the Legislature of New South Wales.

That it would be seen that the view of the Colonial Law Officers was that the requirements of the Acts 5 and 6 Victoria Cap. 76 and 13 and 14 Victoria Cap. 59 as to reservation of Bills related to Bills affecting the "Legislative Council" of New South Wales, and consequently, that when under the Bill scheduled to 18 and 19 Victoria Cap. 54, the Legislative Council was superseded by two houses the "Legis- lative Council" and the "Legislative Assembly "-the provisions of 5 and 6 Victoria Cap. 76 and 13 and 14 Victoria Cap. 59 as to reservation (which were expressly pre- served by Section 3 of 18 and 19 Victoria Cap. 54) applied thenceforth only to Bills affecting the "Legislative Council" and not to Bills solely affecting the Legislative Assembly.

That Mr. Bertram Cox was to observe that this construction of Section 3 of 18 and 19 Victor. Cap. 54 rested on the assumption that Parliament, in agreeing to the sub- stitution of two legislative Houses for one in New South Wales, and sanctioning the name of the "Legislative Council " for the Upper House, thereby deliberately freed Kills affecting only the Lower House from the restriction to which Bills affecting the legisla- ture as a whole had previously been subject.

That it would, however, appear to be arguable that if Parliament had had such an intention it would have been declared in express terms, and that, in the absence of such an express provision, it was not implied in the Act 18 and 19 Victoria Cap. 54 because the "Legislative Council" within the meaning of 5 and 6 Victoria Cap. 76 and 13 and 14 Victoria Cap. 59, was a totally different body from the "Legislative Council "established by the Bill scheduled to 18 and 19 Victoria Cap. 54.

That if this argument was well founded, the term "Legislative Council" in the Acts 5 and 6 Victoria Cap. 76, and 13 and 14 Victoria Cap. 59 must be construed as equivalent to "the Legislature." That Bills affecting the Legislature in certain parti- culars were required by those Acts to be reserved, and that, when the Legislature was divided into two Houses, "affecting the Legislature" in the same particulars were still required to be reserved, whether such Bills affected only one or both of such Houses.

That in order to insure consistent action in the future with regard to the reserva- tion of New South Wales Bills, Mr. Bertram Cox was to request the favour of our Report as to the true construction of the Acts of Parliament cited with reference to the points raised above.

That in this connection he was to refer us to Mr. Lucas's letter of the 13th January, and to the question there submitted whether, in view of Section 2 of the Act 25 and 26 Victoria Cap. 11, any of the Bills mentioned in Section 32 of the Act 13 and 14 Victoria Cap. 59 passed by the present Legislature of New South Wales required to be reserved at all.

That Mr. Bertram Cox was to request us to take this matter into our consideration and to report:-

1. Whether a New South Wales Bill required to be reserved under 5 and 6 Victoria Cap. 76 was, if it affected only the Legislative Assembly still required by Section 3 of 18 and 19 Victoria Cap. 54 to be reserved?

2. The like question as to Bills required to be reserved under 13 and 14 Victoria Cap. 59?

3. What was the true construction of Section 3 of 18 and 19 Victoria Cap. 54 as regards reservation of Bills?

4. Generally.

We have taken the papers and matters into our consideration, and, in reply to the questions submitted in Mr. Lucas's letter of the 13th January, have the honour to

Report-

1. That Section 2 of 25 and 28 Victoria Cap. 11 was, in our opinion, inserted to make it clear that the reservation of Bills provided for by the 32nd section of the 13

and 14 Victoria Cap. 59 only applied to Bills passed by the original Legislative Councils in existence upon the passing of the last mentioned Act, and is still in force as regards

It has no other effect. anything done by these Councils while they existed.

2. In our opinion it would not be necessary to reserve any of the three classes of Acts specified in the 32nd Section of the 13 and 14 Victoria Cap. 59, when passed by Legislatures which have been set up in supersession of the original Councils existing under that Act unless the Act-whether local or Imperial-constituting such Legis- lature had provided for such reservation. Such reservation is now provided for in the case of :-

(a.) New South Wales, by Section 3 of 18 and 19 Victoria Cap. 54, and (b.) Victoria, by Section 3 of 18 and 19 Victoria Cap. 55.

(c.) In the case of Tasmania there appears to be no provision for the "reserva-

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tion of any Bills in the "Constitutional Act" of 18 Victoria (No. 17)

which was passed by the Legislative Council, and does not appear to have been confirmed by any Imperial Statute. Apparently, therefore, Bills passed in Tasmania need not be reserved.

(2.) In the case of South Australia, by “The Constitution Act" (No. 2 of 1855-6) passed by the Legislative Council, which does not appear to have been confirmed by any Imperial Statute, it is provided, in Section 34, that any Bills altering the Constitution shall be reserved. (For the effect of non-reservation see Report of our predecessors of the 25th March, 1862.*)

3. In the case of Western Australia all three classes of Bills referred to in Section 32 of 13 and 14 Victoria Cap. 59, when passed by the present Legislatures must be reserved-under the Section 2′ (a) of the 53 and 54 Victoria Cap. 26.

In the case of Queensland, under the Letters Patent of 1839, clauses 14 and 22, confirmed by 24 and 25 Victoria Cap. 44, the provisions of the 32nd Section of the 13 and 14 Victoria Cap. 59 were made applicable to Bills passed by the Legislatures

in this Colony, and consequently any Bills coming within the said section should be reserved.

4. We do not think that any such Acts need be reserved unless in so far as the Acts-whether local or Imperial-providing for the constitution of the present legis latures, render it necessary as above stated..

In reply to the supplementary questions submitted in Mr. Bertram Cox's letter

of the 10th March, we have the honour to report as follows:-

1 and 2. These questions we answer in the affirmative.

3. In our opinion Section 3 of 18 and 19 Victoria Cap. 54 applies to Bills affecting either the Council, or the Assembly, which were substituted for the old Legislative Council. It appears to us to be impossible to read this section as applying these pro- visions in regard to reservation only to Bills affecting the Council. They are applied to Bills affecting either of the Bodies which were substituted for the Legislative Council. 4. Generally. In view of the very confused condition of the existing legislation we would suggest that all existing provisions on the subject of reservation of Bills in the Australian Colonies should be repealed, and a short Act of the Imperial Legis- lature passed requiring reservation in the case of certain specified classes of Bills in all the Australian Colonies. This Act will, of course, have no relation to the legislation of the Commonwealth. Its terms would require to be carefully considered after con- sultation with the Governments of the various Colonies.

The Right Honourable J. Chamberlain, M.P.,

&c., &c., &c.

No. 108 in Vol. I.

We have, &c..

R. B. FINLAY. EDWARD CARSON,

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