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PUBLIC RECORD OFFICE

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Reference :-

C.O.885

16 PUBLIC RECORD OFFICE, LONDON

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

No. 53.

(AUSTRALIA.)

LAW OFFICERS to COLONIAL OFFICE.

[Draft revised Bill to amend the law relating to the reservation of Bills passed by the States of the Commonwealth.}

Mr LORD,

Royal Courts of Justice,

November 27, 1906.

We were honoured by your Lordship's commands signified to us by Mr. Ber- tram Cox in his letter of the 5th instant stating that he was directed by your Lord- ship to forward, for our consideration, the draft of a revised Bill to amend the law relating to the reservation of Bills passed by the Legislatures of the six States of the Commonwealth of Australia and to confirm certain Acts passed by those Legis- latures, together with certain papers noted in the margin explaining the history and the provisions of the Bill.

That these papers might be summarised as follows:-

(1) That on the 25th April, 1904, our predecessors in office reported* in favour of general legislation applying to all the six States of Australia repealing the existing statutory provisions as to the reservation of Bills passed by their Legisla- tures and putting all the States on the same footing in this respect.

(2) That a Bill was accordingly drafted by the Parliamentary Counsel, together with an explanatory memorandum, and that both these documents were submitted to our predecessors in office on the 16th of June, 1904. ·

(3) That on the 10th February, 1905, they reported on the Bill making certain observations thereon and recommending certain amendments.

(1) That a correspondence then took place between the Parliamentary Counsel, your Department, and the late Attorney-General, extending from the 20th February to the 14th March, 1905. That a copy of this correspondence was enclosed from which it would be seen that the Attorney-General acquiesced in certain modifications of the amendments recommended by the Law Officers' report of 10th February, and that the Bill and memorandum as finally approved by him were sent out to the six States of Australia on the 17th March, 1905.

(5) That considerable difficulty was experienced in obtaining replies from some of the States-notably from South Australia, and that as it was felt to be undesirable to take any further action with regard to the Bill until the views of all the States were known, there had been a regrettable delay. That the series of replies was, however, now complete and that the attitude of the various States might be described as follows:

(a) That Queensland and Western Australia accepted the Bill with unquali-

fied approval;

(b) That New South Wales, South Australia, and Tasmania accepted the Bill, subject to amendments in Clause 2 (1) suggested by the Premiers' Con- ference in Sydney in April last. That New South Wales and Tasmania

also made certain comments upon Clause 1 (2) to which reference would be made below;

(c) That Victoria raised a number of objections to the Bill.

(6) That with regard to these replies the only papers which it appeared to be

necessary to lay before us were the following:-

(a) New South Wales.-Report by Mr. Watkins of 2nd June, 1905.

(b) Victoria-Minute by Mr. Davies of 22nd May, 1905, and report by Mr.

Carlile of 16th May, 1905.

(c)

Tasmania.-Memoranda by Mr. Dobbie of 29th May, 1905, and by Mr.

Propsting of 5th June, 1906.

(d) South Australia.-Despatch from Governor, No. 36, of 21st August, 1906.

That copies of these accompanied his letter.

• No. 222 in Vol. VI.

25 Wt 1613 2/07 D8 5 26663

† No. 3,