CO885-(15-16) — Page 292

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PUBLIC RECORD OFFICE

Reference :-

ITC.O. 885

1

SIR,

No. 202A.

(VICTORIA.)

LAW OFFICERS to COLONIAL OFFICE.

[Reserved Bill The Constitution Act, 1:03,”]

Royal Courts of Justice,

October 5, 1903. We were honoured with the commands of the Secretary of State signified to us in Mr. Lucas's letter of the 17th ultimo, stating that, with reference to our Report of the 15th of August last, he was directed to lay before us a telegram. from the Governor of Victoria, submitting the views of his Ministers relative to the reserved Bill entitled "The Constitution Act, 1903," for our consideration.

That the contention of Ministers appeared to be that the proviso contained in Section 60 of the Victoria Constitution (the Bill scheduled to the Imperial Act 18 and 19 Vict. C. 55), as to the second and third readings of a Bill altering the Con- stitution must be read with and subject to the Standing Rules and Orders made, in pursuance of Section 34 of the Constitution, by the Legislative Council and Legis- lative Assembly for the conduct of all business and proceedings in the Council and Assembly respectively.

That copies of those Standing Rules and Orders were enclosed for our infor- mation, and that if, as the Secretary of State was disposed to think, the contention of Ministers was correct, the validity of this reserved Bill would appear to depend upon (1) the extent to which the proviso to Section 60 of the Constitution was modi- fied by the Standing Rules and Orders: (2) whether the course adopted with refer- ence to the Bill was, or was not within the proviso as thus modified."

That Mr. Lucas was to request us, having regard to the extreme importance of the question to the Government and people of Victoria, to be good enough to take the papers previously submitted to us, the accompanying telegram and the Stand- ing Rules and Orders of the two Houses, together with the other matters or papers, referred to in his letter, into our consideration and to report

1. Whether the words " unless the second and third readings of such Bill shall have been passed with the concurrence of an absolute majority of the whole number of the members of the Legislative Council, and of the Legislative Assembly re- spectively" in Section 60 of the Victoria Constitution were to be read subject to the Standing Rules and Orders as to the second and third readings, made by the Assembly and Council respectively?

2. What was the true construction of the words quoted in the first question? 3. Whether the course adopted by the two Houses with reference to the reserved Bill, was substantially in accordance with the true meaning and intent of Section 60 of the Constitution?

4. Whether the answers to any of the above questions necessitated any modi- fication of our Report of the 15th of August, and if so in what respect or respects?

5. Generally?

We were also honoured with a further letter from Mr. Lucas dated the 28th ultimo, enclosing copy of a telegram which had been received on the 27th of Sep- tember from the Governor of Victoria.

I have re-considered these papers with the arguments advanced by the Ministers of Victoria and have the honour to

15 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

Report-

1.

That in my opinion the Standing Orders cannot in any way modify the The effect of the positive provisions of Section 60 of the Victorian Constitution, and Attorney-

Opinion. there is nothing in the Standing Orders which purports so to do. On the contrary Standing Order 264 of the Legislative Assembly and Standing Order 298 of the Legislative Council recognise the provisions of Section 60 of the Constitution.

General's

• No. 201.

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