CO885-(7-8) — Page 361

WALES, ACTS

73 & 84.

These Acts were referred to the Law Officers 6523,01. on February 15th, and on the 20th of February Sir R. Finlay's Sir Robert Finlay reported that Act No. 73 opinion [No. 7-4, should have been reserved and laid before 1901].

Parliament and that the whole Act was inopera- tive and not merely that portion of it which rendered reservation necessary; that the pro- visions of 5 & 6 Vict., Chap: 76, Section 31, necessitating the reservation of certain classes of Bills, still applied to Bills passed by the Legis- lature of New South Wales and that Act No. 84 should have been reserved; and, further, that it was expedient and proper that these Acts should be validated by legislation, either in New South Wales, being duly reserved, or in the Imperial Parliament.

Act No. 73 was accordingly laid before both 6523,01. Houses of Parliament on February 27th and

28th respectively, and a draft Order in Council 15 April, 1901. assenting to this Act has been sent to the Privy 6523,01. Council Office.

Act No. 81 was assented to by an Order in See 10087,01. Council dated the 9th of March,

Western Australia, Acts Nos. 2 AND 5.

WESTERN

AUSTRALIA,

These Acts were referred to the Law Officers ACTS 2 & 5. on the 19th of February, and on the 27th of 765001, February Sir Robert Finlay reported that the Sir R. Finlay's provisions of 5 & 6 Vict., Chap. 76, Sect. 31, and opinion [No. 76, 13 & 4 Vict., Chap. 59, Sect. 32, were still

1901]. applicable to Bills passed by the Legislature of Western Australia; that Acts Nos. 2 and 5 should both have been reserved, and that these Acts should be validated by legislation in the saine manner as the Acts of New South Wales referred to above. A draft Order in Council assenting to Act No. 2 has been sent to the 10 April, 1901. Privy Council Office.

7650,01.

Act No. 5 was laid before both Houses of [As required by Parliament and a draft Order in Council assent. 13, 14 Vict. c. 59, ing to it has been prepared.

8. 32.] 7650,01 Minutes.

QUEENSLAND, ACT.No. 25.

QUEENSLAND, ACT 25.

This Act has not been referred to the Law Officers, as it was thought to fall within the Minutes on terms of their report upon Act No. 73 of New 6203/01.

South Wales. It was accordingly laid before

both Houses of Parliament on April 18th and

22nd respectively, and a draft Order in Council

assenting to it has been prepared.

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513

PUBLIC RECORD OFFICE

Reference :-

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C.O.885

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Precedents.

1863.

1894.

Australian Con- stitution Act,

1842.

Australian Con- stitution Act,

1850.

For a Bill of this kind there have been- thao, following precedents :-

An Act was passed in 1863 "to confirm "certain Acts of Colonial Legislatures," (26 & 27 Vict., Chap. 84) and applied to the Acts of the authority (other than Her Majesty in Council) competent to make laws for any of Her Majesty's possessions abroad, except India, the Channel Islands, and the Isle of Man.

The Colonial Acts Confirmation Act, 1894 (56 & 57 Vict., Chap. 72), which was passed for a similar purpose applies to the six Colonies now formning the Commonwealth of Australia, and Section 1 of the present Bill is in effect a re- production of Section 2 (1) of that Act.

Appended are the provisions of the Australian Constitution Acts, 1842 and 1850, under which the Colonial Acts in question ought to have been reserved :--

5 & 6 VICT. Chap. 76,

Part of Section 31 which requires certain Bills to be reserved in every case, viz., Bills altering or affecting the divisions and extent of the districts and towns represented in the Legislative Council or establishing new and other divisions of the same, or altering the number of members of the Council to be chosen by such districts and towns, or increasing the whole number of the Legislative Council, or altering the salary of the Governor.

13 & 14 VICt. Chap. 59.

PART OF SECTION 32 which requires certain Bills to be reserved and laid before both Houses of Parliament for 30 days, viz., Bills altering the Provisions or Laws for the time being in force under this Act, or otherwise concerning the election of the elective members of the Legislative Council, the qualification of electors and elective members, or establishing instead of a Legislative Council a Council and House of Representatives or other separate Legislative Houses.

The provisions of 5 & 6 Vict., c. 76 and 13 & 14 Vict., c. 59 as to reserved Bills, were incor- porated in and applied by the New South Wales Constitution Act, 1855 [18 & 19 Vict., c. 54, Section 3], the Western Australian Constitution, Act, 1890, [53 & 54 Vict., c. 26, Section 2 (1)], and the Queensland Order in Council of the 6th of June, 1859, [Clauses XIV. and XXII.).

J.S.R.

11/5/01.

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

PUBLIC RECORD OFFICE, LONDON

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