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6523.

SIR,

No. 74.

(NEW SOUTH Wales.)

ATTORNEY-GENERAL TO COLONIAL OFFICE.

Royal Courts of Justice,

20th February, 1901.

PUBLIC RECORD OFFICE

Reference :-

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C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

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I was honoured with your commands signified in Mr. H. Bertram Cox's letter of the 15th instant stating that he was directed by you to transmit the enclosed copies of two Acts passed by the Legislature of New South Wales, and to request me to favour No. 73, you with my opinion on the points hereinafter mentioned which had arisen in connection 1900. therewith.

Federal Elections

Act, 1900. No. 81,

Redistri- bution Act, 1900.

That the Constitution Statute of New South Wales contained in the Schedule to the Imperial Act 18 and 19 Vic., cap. 54, and assented to by Her late Majesty under the authority conferred by that Act, provided (section 2) for the appointment as Legislative 1900. Councillors of "such persons as the Governor and Executive Council" (of the Colony) Parly. should "think fit"; that in the proviso to that section and in section 28 the classes of Electorates persons who were disqualified to be members of the Legislative Council were specified; and that in sections 3-6 (inclusive) provision was made as to the tenure and vacation of office by such members. That other enactments affecting the Legislative Council were to be found in sections 1, 7, 8, 17, 29-33 and 35 of the Statute, but that they seemed to have no bearing on the question which had arisen; and that by section 36 the Legislature of the Colony was empowered "from time to time by any Act or Acts to alter the provisions or laws for the time being in force under that Act or otherwise concerning the Legislative Council, and to provide for the nomination or election of another Legislative Council, to consist respectively of such members, to be appointed or elected respectively by such person or persons and in such manner as by such Act or Acts shall be deter- mined," subject to a proviso (since duly repealed) and to the proviso "that every Bill which shall be passed for any of such purposes shall be reserved for the signification of Her Majesty's pleasure thereon, and a copy of such Bill shall be laid before both Houses of the Imperial Parliament, for the period of thirty days at the least before Her Majesty's pleasure thereon shall be signified." That in connection with that section, Mr. Bertram Cox was to call our attention to the Imperial Act 18 and 19 Vic., cap. 54, sec. 4.

That Act No. 73, by section 7, disqualified a member of the Parliament of the Commonwealth of Australia for a seat in the Legislative Council of New South Wales; that the provisions of the Act other than section 7 were merely ancillary to the Common- wealth of Australia Constitution Act. That that Act (No. 73) had not been reserved, but had been assented to by the Lieutenant-Governor on the advice of the Attorney- General of the Colony, who advised that there was no objection to the Governor's so doing, and that he was not required, under the provisions of the Constitution or any other Acts or Royal Instructions, to withhold his assent or reserve the Bill for the signification of His Majesty's pleasure.

That two questions arose with reference to that Act, viz. :—

1. Whether it ought to have been reserved and laid before Parliament; and

2. Whether, if it should have been reserved, the whole Act was inoperative until it had been laid before Parliament, and thereafter His Majesty's pleasure duly signified, or only the part of the Act which rendered reservation necessary, the other provisions which, if put in a separate Act, would not have necessitated its reservation, coming into operation immediately the Governor's assent was given.

That those two points were apparently covered by the Law Officers' Reports" noted L.0.to C.0. in the margin, but that, in view of the opinion of the Attorney-General of the Colony 26 July, and of the importance of the provisions of the Act, you desired to obtain my opinion on

1872.

them.

L.O. to C.O 28 Sept.,

1864.

That Act No. 84, provided for the redistribution of New South Wales into electoral districts. That that Act also had been assented to by the Lieutenant-Governor on the doing, advice of the Attorney-General of the Colony that there was no objection to his so and that he was not required under the provisions of the Constitution or any other Acts or Royal Instructions to withhold his assent or reserve it for the signification of His Majesty's pleasure; but that a doubt had arisen whether under the combined effect of

• Nos. 775 in Vol. II. and 275 in Vol. I.

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